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, THURSDAY, FEBRUARY 14, 2013 No. 24 House of Representatives The House met at 10 a.m. and was Washington’s inability to take action whether it works—whether it helps families called to order by the Speaker pro tem- on today’s pressing problems. The fail- find jobs at a decent wage, care they can af- pore (Mr. COLLINS of New York). ure of uncertainty, with tax rates near ford, a retirement that is dignified. f chaos in the markets and a never-end- Unfortunately, all we have seen from ing stream of impractical regulations, this President is reckless spending and DESIGNATION OF SPEAKER PRO is a cloud of doubt that has been cast heavy-handed regulation. TEMPORE over the entire economy. For most At the time of the President’s first The SPEAKER pro tempore laid be- business owners, it is a daily struggle inauguration, the national unemploy- fore the House the following commu- just to keep the doors open in large ment rate was 7.8 percent. At the time nication from the Speaker: part because the government itself is a of his second inauguration, it was ex- WASHINGTON, DC, consistent obstacle. actly the same, and this month unem- February 14, 2013. The National Federation of Inde- ployment rose to 7.9 percent. While the I hereby appoint the Honorable CHRIS pendent Businesses recently released rate of unemployment has been mostly COLLINS to act as Speaker pro tempore figures from December indicating the stagnant, the national debt has not. In on this day. mood of businesses is at a recession the past 4 years of failed Obama poli- JOHN A. BOEHNER, level. Seventy percent of business own- cies, the Nation has added $6 trillion of Speaker of the House of Representatives. ers that were surveyed identified the new debt onto the backs of citizens and f current environment as a bad time to businesses. Today, our national debt expand, and political uncertainty stands at $16.4 trillion. Broken down by MORNING-HOUR DEBATE topped the list for the reasons not to American citizens, that’s $52,210 for The SPEAKER pro tempore. Pursu- attempt economic growth. every man, woman, and child in this ant to the order of the House of Janu- Lee Buddrus, a resident of Muskogee, country. ary 3, 2013, the Chair will now recog- Oklahoma, and president of Acme En- We must get back on the right track nize Members from lists submitted by gineering & Manufacturing Corpora- and bring optimism into the business the majority and minority leaders for tion, told me that a lot of small busi- climate. First, we must pull back some morning-hour debate. nesses are struggling just because they of the regulations that bind the hands The Chair will alternate recognition had to go in debt to stay afloat during of our Nation’s job creators. Second, between the parties, with each party the recession. Mr. Buddrus went on to Congress must make the difficult deci- limited to 1 hour and each Member tell me, ‘‘Now they’re not able to make sions we were elected to make and re- other than the majority and minority the kind of money they need to to pay strain government spending. Busi- leaders and the minority whip limited down their debts,’’ due in large part to nesses cannot grow or expand in a cli- to 5 minutes each, but in no event shall the environment the government has mate of higher interest rates and high- debate continue beyond 11:50 a.m. created. er taxes. Third, we have to be about f As a freshman Member, I join a small creating a job-friendly environment. group of Members in Congress who I came to Congress as a businessman STRONG LEADERSHIP AND MEAN- have owned a business. I have felt the who simply got fed up with the govern- INGFUL REFORMS ARE NEEDED weight of the current hostile business ment hindering my ability to create The SPEAKER pro tempore. The climate and faced unprecedented dif- jobs. My mission every day is to make Chair recognizes the gentleman from ficulties in ensuring my business suc- it easier for businesses to start to ex- Oklahoma (Mr. MULLIN) for 5 minutes. ceeded. I step on the floor of the United pand and to be successful. Mr. MULLIN. I began running a busi- States House of Representatives with a In business, we know first you must ness when I was only 20 years old. Back firsthand understanding of how high face a problem honestly and then come then, if you worked hard and followed the hurdles are for a business to suc- up with real solutions that actually the rules, you had a pretty good shot at ceed and just simply jump over. solve the problem. The economic policy getting ahead. Today, it seems the Last month, when President Obama of government trying to spend its way deck is increasingly stacked against was sworn in to his second term, I was to prosperity has failed. Those of us in those who work hard and pursue their reminded of something he said 4 years business know it’s the private sector own dreams, especially if you’re a busi- ago, in his first inauguration. The that creates real jobs, not the govern- ness owner. President said: ment. More and more, businesses are faced The question we ask today is not whether Strong leadership and meaningful re- with consistent uncertainty caused by our government is too big or too small, but forms are needed to move the looming

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.

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VerDate Mar 15 2010 23:41 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.000 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H506 CONGRESSIONAL RECORD — HOUSE February 14, 2013 cloud of doubt from our economy. Add- the sequester. That is dead flat wrong. and without permission and despite ing more hurdles will not get this job Rob Nabors did mention the sequester being underage, enlisted in the Navy done. It is time we as elected leaders after the Republicans passed the se- during World War II. He served with lead. Sometimes it’s lonely, but it’s the quester in this House in July of 2011. distinction on gunships loading heavy right thing to do. They call it the Cut, Cap, and Balance ammunition into gun turrets. Julian f Legislation. Its fallback position was Davidson’s naval service gave him an ‘‘sequester.’’ It was a policy that all, I enduring respect and admiration for REPUBLICANS APPROVE OF think, but two Republicans voted for America’s warfighters who serve in HARMFUL SEQUESTER when it passed this House. It was a pol- harm’s way. The SPEAKER pro tempore. The icy that they promoted and supported. After the Navy, Julian Davidson at- Chair recognizes the gentleman from It is a bad policy. It’s an irrational pol- tended classes during the day and Maryland (Mr. HOYER) for 5 minutes. icy. It is a policy that will have great worked at a pool hall at night to ob- Mr. HOYER. The gentleman who pre- adverse consequences. tain an electrical engineering degree ceded me is new to the Congress of the At a town meeting, I said the seques- from Auburn University. After gradua- United States. I’ve been here for a lit- ter works like this: if you have a food tion, Julian Davidson joined the Ten- tle longer than that, some 32 years. budget and a movie budget and some- nessee Valley Authority where he rose This is the least confidence-building body loses their job, the sequester says to senior design engineer. Congress, last Congress and this Con- you cut food by 10 percent and movies In 1961, Julian Davidson began work gress, in which I have ever served. It is by 10 percent. No rational American for the United States Ballistic Missile taking us from fiscal crisis to fiscal family would do that. They’d say this Defense Organization as an aerospace crisis. It is creating cliffs where no month we’re not going to the movies or research engineer, thus beginning his cliffs ought to exist, and they under- this 6 months we’re not going to the life’s passion in a career in missile de- mine the confidence of business, Amer- movies, but we’re going to make sure fense that spanned half a century. ica, Americans, and indeed, the rest of we put food on our table. Sequester Julian Davidson once briefed Sec- the world that needs a stable and se- says, No, we cut food by 10 percent and retary of Defense Robert McNamara cure America to ensure that we keep movies by 10 percent. concerning using the Nike Zeus missile the kind of stability that Americans Sequester is an irrational response to system for a possible anti-satellite want here at home and around the our failure as a Congress, correct, to role. Army leadership didn’t believe world. get our finances on a sustainable path. McNamara would do it, so they sent in We will be dealing with a bill today We need to do that. And Democrats are Julian Davidson, then a junior member and tomorrow that could be considered suggesting a balanced way to do it. By of the briefing team to make the pres- in an hour. We’re going to take two the way, every bipartisan commission entation. Julian related that ‘‘for some days to consider it. And while we con- that has dealt with this issue has rec- reason, McNamara was very interested sider that, while we fiddle, while the ommended a balanced process to get and asked how long it would take and sequester threatens to burn our econ- from where we are to where we need to how much it would cost.’’ I answered 15 omy, jobs, and confidence, we do noth- be. months and $15 million. He didn’t ing. We have not done anything to We’re going to go on break next week flinch. He said, Do it. We went through avoid the sequester for the last 7 weeks as if we’ve done our job. We haven’t. about six decision milestones in that of this year, and nothing in this Con- We ought to be spending time today, 15-minute briefing. gress. As a matter of fact, other than tomorrow, next week, and the week In time, Julian Davidson became Di- completing the work of making sure thereafter in avoiding the irrationality rector of the Advanced Ballistic Mis- the folks who were damaged by Sandy of the sequester process, but I have a sile Defense Agency and one of the were assisted, which should have been list of Republicans here, all of whom youngest people to achieve the rank of done in the last Congress, we’ve done say, Bring it on. The sequester is okay. senior executive service with the Fed- nothing here of real substance in 7 Well, if we do the sequester, we’re eral Government. weeks, but we are about to confront going to find out it’s not okay. In 1979, Julian met Dorothy Smith. the sequester. Mr. Speaker, I urge the majority In 1981, they married in Fairfax, Vir- I want every American to know, I leader and I urge the Speaker to bring ginia. Julian loved and admired Doro- want every person who relies on the forth substantive legislation that is thy for her intelligence and spark. Ju- Federal Government—and that is balanced and which will avoid the se- lian Davidson used to say that Dorothy mainly all of us—that if Democrats quester taking place. It’s bad for our ‘‘is the glue that holds everything to- were in charge of this House the se- people; it’s bad for our country. It’s gether.’’ He wrote in a speech: quester would not go into effect. Why? bad policy. I’d like to thank my wife, Dorothy, who in Because we would adopt an alternative f addition to running her company, takes care policy that would cut spending so that of family matters, allowing me to do the we could move towards deficit and debt DR. JULIAN DAVIDSON, AN things that interest me the most, missile de- reduction, which we need to do as a AMERICAN PATRIOT velopment and testing. country, and we would make a bal- The SPEAKER pro tempore. The Julian Davidson was quick witted anced proposal that the Senate Demo- Chair recognizes the gentleman from when he added: crats will offer this day, and that we Alabama (Mr. BROOKS) for 5 minutes. I want you to know the rumor is not true wanted to offer and CHRIS VAN HOLLEN Mr. BROOKS of Alabama. Mr. Speak- that Dorothy does all the maintenance jobs offered last night in the Budget Com- er, Dr. Julian Davidson passed away on around the home because I refuse to. I would mittee, but which as not made in order. January 31, 2013. be happy to do these tasks, except she will I have personally known Julian Da- not allow me to borrow her tools. b 1010 vidson and his wife, Dorothy, for only a In the 1990s, Julian and Dorothy Da- In his State of the Union speech, the few years. But I know enough about vidson settled in Huntsville, Alabama, President talked about the American Julian Davidson, what he did, and how a community Julian loved very much. people deserve a vote. He’s right. The he lived to know that he was an Amer- Julian started Davidson Technologies American people deserve to know how ican patriot who will be sorely missed in 1996 with just two employees. Members are going to vote on issues of by his family, the Tennessee Valley, Julian Davidson emerged as a leading consequence to them, their families, America, and me. figure in the Tennessee Valley and be- their lives, their jobs, and their coun- Julian Davidson was born in the lieved that if everyone worked for the try. But we were denied a vote last small town of Oakman in Walker Coun- betterment of the community, regard- week on this issue, which was a sub- ty, Alabama, on September 2, 1927. He less of personal gain, everyone bene- stitute for the sequester, and we are was a proud son of Oakman and Walker fited. Julian sought to leave our com- again denied this week a substitute for County; however, his destiny lay else- munity and country better than he the sequester. where. found it, and he did that. Some of my Republican friends try to At the age of 17, Julian Davidson Julian Davidson is a former chair- say, Oh, it’s the President who wanted hitchhiked to Montgomery, Alabama, man of the Air Force Studies Board of

VerDate Mar 15 2010 23:41 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.002 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H507 the National Research Council, mem- b 1020 knowledge to End Hunger Now. We just ber of the Defense Sciences Board, and We need to use every opportunity we don’t have the political will. While vice chairman of the Technology As- have to talk about it and to shine a hunger is a political condition, it sessment Committee of the United light on the plight of the hungry, to should not be a partisan issue. A White Space Command for the National Re- take hunger out of the shadows and re- House Conference on Food and Nutri- search Council. dedicate ourselves to the need to End tion is the forum that we need to gal- Julian Davidson twice received the Hunger Now. vanize political will to finally end hun- Army Exceptional Civilian Service As I said last week, just because over ger in America. Award. He has received the Air Force 50 million people in this country strug- Ending hunger takes bold leadership. Meritorious Civilian Service Award, gle to put food on their tables doesn’t It takes Presidential leadership be- the MDA Pioneer Award, and the mean that we have mass starvation in cause the President is the only one who Medaris Award. He is a member of the America. Thankfully, we have devel- can call everyone together, who can United States Army Strategic Defense oped a safety net that helps protect the get everyone in the same room and on Employees Hall of Fame, the Alabama vast majority of the hungry. SNAP, or the same page in order to come up with Technology Hall of Fame, and the Au- food stamps, is one of the most impor- one meaningful and achievable plan. burn Alumni Engineering Council. tant parts of that safety net. We need the President to rise to the oc- Julian Davidson’s impact on America There are a myriad of different ini- casion and to say that we are going to is enormous. He is known by many as tiatives being used to combat hunger End Hunger Now. the ‘‘father of missile defense in Amer- in America. There are public, private, Mr. Speaker, I call on the White ica.’’ and nonprofit initiatives that are all House to host a Conference on Food Julian Davidson is survived by his very successful in their own ways. The and Nutrition. I call on the White wife, Dorothy; his four children, Diana problem is that these efforts—from House to commit to ending hunger in Lyn, Janice Faye, Randall Eugene, and Federal to State to local governments America just as they are working to re- Robert Lee; his two grandchildren, and from nonprofits, like churches and duce obesity and to improve nutrition. Wendy Faith Holderfield and William food banks, to for-profit businesses— I call on the White House to End Hun- Blair Peyton; and three great grand- are often working independently of ger Now, and I ask my colleagues, Re- children, Teagan Holderfield, Shelby each other. They are not always con- publicans and Democrats, to join in all Holderfield, and Michaela Holderfield. nected. efforts to End Hunger Now. Mr. Speak- Mr. Speaker, we need to work smart- America and the Davidson family er, ending hunger now is more than a er and more efficiently if we are going have lost a great man and a true pa- nice phrase. It is something we must to End Hunger Now. We need to bring triot, and we are all better for having do. It is our moral obligation. It is everyone together and connect the known Dr. Julian Davidson. what a great country like America dots. We need a plan. That’s why I’ve should do—End Hunger Now. f called for a White House Conference on END HUNGER NOW Food and Nutrition. Over the years, f The SPEAKER pro tempore. The there have been citywide, countywide, SEQUESTRATION AND DEFENSE Chair recognizes the gentleman from and statewide hunger summits. Food SPENDING banks, hospitals, colleges, and univer- Massachusetts (Mr. MCGOVERN) for 5 The SPEAKER pro tempore. The minutes. sities have all held these events, but Chair recognizes the gentleman from there has not been one nationwide hun- Mr. MCGOVERN. Mr. Speaker, Presi- Oregon (Mr. BLUMENAUER) for 5 min- dent Obama’s State of the Union ger summit convened by the White utes. speech was memorable and important House since President Nixon hosted Mr. BLUMENAUER. Mr. Speaker, for a number of reasons. I’m pleased such a summit in 1969—over 44 years part of the air of unreality in Wash- the President talked about gun vio- ago. ington is the myth of our inability to We need this conference today more lence, climate change, voting rights, contend with budget reductions and than ever because hunger is getting and, of course, jobs and the economy. the threat of sequestration in stabi- worse in America, not better. Our def- I’m especially pleased that, for the lizing America’s financing. No doubt icit and our debt are forcing us to do first time in more than a decade, the the draconian hand of across-the-board more with less, and that means we State of the Union had a real focus on cuts in every program from food safety need to be more efficient and stream- poverty and the need to help those who to border control to air traffic control lined with our resources. Our Federal would be foolish and destructive. economically are the most vulnerable agencies should be talking to each Let me be clear. The major problem in our Nation. other and addressing hunger in a more in all of this is here in Congress and Poverty is the root cause of many of comprehensive and holistic way. our Nation’s problems. Those in pov- Why shouldn’t the Departments of our political structure, which creates erty face challenges that middle- and Labor, of Health and Human Services, self-inflicted crises. Sequestration and higher-income families simply do not of Housing and Urban Development, the postal deficit are just two exam- have to face. And to be frank, there are and, yes, the Department of Defense sit ples. We know what to do, but you too many voices in the United States down and talk about the impact hunger would never know it because we spend Congress that are silent on this issue. and nutrition have on their efforts and most of our efforts around here describ- So I commend the President for talk- how best they can address this prob- ing and decrying the problems rather ing about poverty, which we must con- lem? than doing something about them. front and address if we are truly to ful- As these agencies coordinate, we will Let me repeat. The amount of budget fill our mandate to form a more perfect need to involve antihunger safety net reduction is something that can, in Union. nonprofits, like our food banks, reli- fact, be managed if only we change how One of the most devastating effects gious institutions, schools, and hos- America does business. Nowhere have of poverty is hunger, and we cannot pitals; and we need to bring in the busi- the cries been more anguished than end hunger now if we’re not talking ness community, including the food about the impact of sequestration on about it. This is a big problem, and it and beverage community, financial in- the Department of Defense, ironically, is a costly problem. This is a problem stitutions and manufacturers. We need from many of the same people who in- that is not going away unless we act. to bring our doctors and nurses, our sisted on the sequestration gimmick in Mr. Speaker, over 50 million people teachers and pastors, our business lead- the first place. As is widely recognized, are hungry in America. There are more ers and politicians, and, yes, the hun- sequestration over the next 10 years than 50 million people who struggle to gry together in one room to develop when applied to the Pentagon’s budget put food on their tables. Many of these one plan to End Hunger Now. Then we would only reduce it in inflation-ad- are hardworking people whose jobs just need to agree to implement and exe- justed terms to what it was in 2007 do not pay enough to feed their fami- cute the plan. when the most powerful military in the lies. Many are jobless, and many are Mr. Speaker, hunger is a political world was engaged in a war in Iraq and homeless. condition. We have the means and the the challenge in Afghanistan.

VerDate Mar 15 2010 23:41 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.005 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H508 CONGRESSIONAL RECORD — HOUSE February 14, 2013 If Members of Congress pay attention trillion over the next 10 years. Pay for less suffering and costs associated with to the facts, they will see a clear path the privilege of taking America’s min- underage drinking. I urge my col- to dramatically reduce Pentagon eral wealth by reforming the Mining leagues to join me and my original co- spending without undermining Amer- Act of 1872, and slash the fossilized nu- sponsors, Congressman FRANK WOLF ica’s position of being the most power- clear weapons program. and Congresswoman ROSA DELAURO, by ful Nation on the planet. f cosponsoring the STOP reauthorization Nobody has done a better job of high- bill, H.R. 498, so we can continue to SOBER TRUTH ON PREVENTING lighting a path forward, an area of op- move forward in our efforts to address UNDERAGE DRINKING ACT portunity, than Walter Pincus, writing this public health crisis affecting our in the pages of The Washington Post The SPEAKER pro tempore. The children. over the course of the last couple of Chair recognizes the gentlewoman from f years as he details the sweep of our nu- California (Ms. ROYBAL-ALLARD) for 5 clear weapons program and the spend- minutes. DOING NOTHING IS NOT AN ing trajectory. This morning is his lat- Ms. ROYBAL-ALLARD. Mr. Speaker, OPTION est offering and should be required last week, I introduced H.R. 498, to re- The SPEAKER pro tempore. The reading for every Member of Congress, authorize the Sober Truth on Pre- Chair recognizes the gentleman from and the ones who whine the loudest venting Underage Drinking Act, better Washington (Mr. KILMER) for 5 min- should be forced to read it twice. He de- known as the STOP Act. utes. tails the vast array of nuclear weapons The original STOP Act passed with Mr. KILMER. Mr. Speaker, I rise that are ready to be deployed within 30 bipartisan support in 2006. It was based today with sincere appreciation for the minutes, a relic of our contending with on the recommendations of the 2003 In- opportunity I have to represent my re- the former Soviet Union, where deter- stitute of Medicine report, which out- gion in our Nation’s Capital. Through- rence was the order of the day and lined the extent of the underage drink- out the past year, whether it was in when we were relying on massive as- ing problem in the United States. At Gray’s Harbor or Port Angeles, Brem- sured mutual destruction of that huge that time, 20 percent of eighth graders, erton, or Tacoma, what I heard from country with overwhelming force. 42 percent of 10th graders, and 58 per- folks around my region is they want Now, not even the most delusional cent of 12th graders reported being solutions to our problems. People want think we need a fraction of that fire- drunk in their lifetimes. to get back to work. They want to start new businesses. They want to ex- power for today’s threats, like North b 1030 Korea, and it certainly wouldn’t work plore new frontiers of science and tech- against a nuclear weapon falling in the Designed to address this public nology. They want to help build our arms of some radical extremist. That, health crisis, the STOP Act established Nation’s bridges and roads. They want by the way, is most likely to happen an interagency committee to coordi- to refurbish our schools and buildings. with Pakistan’s proven nuclear capa- nate Federal efforts to reduce and ulti- I’m passionate about these issues, and bility than Iran’s, which is still being mately prevent underage drinking. I’m committed to working with my developed. The law financed public health re- colleagues from both sides of the aisles The cost of this overwhelming force, search on underage drinking, and it au- to find new ways to move this economy including its three delivery systems, thorized a national media campaign to forward. ought to give people pause. Consider educate parents about the dangers of Over the past 6 weeks, I’ve had the the 14 Ohio class submarines, each with consuming alcohol before the age of 21. opportunity to meet with constituents 24 ICBMs and each missile armed with The STOP Act also provided grants to talk about their top concerns. And five warheads, each three times the ex- to communities throughout the coun- whether it’s back in Washington State, plosive power of the bombs dropped on try to enhance their underage drinking or visits with folks who’ve traveled Japan. We’ve got 118 B–52 strategic prevention efforts. As a result of this 3,000 miles to our Nation’s capital, the bombers and, of course, all of the land- comprehensive approach, we have seen number one thing that I hear about is based missiles where people are in the positive results in both national statis- the reckless and devastating impact silos, ready to launch at a moment’s tics and in communities across Amer- that impending across-the-board cuts notice. It is, by any stretch of the ica. would have on our families and on our imagination, extravagance that bor- According to the 2012 Monitoring the communities. ders on lunacy. Future survey, the lifetime use of alco- I’ve heard from educators and admin- The $80 billion the White House was hol by 8th-, 10th-, and 12th-graders is at istrators that they face dramatic cuts forced to promise for the upgrades on the lowest level in years. Unfortu- that would lead to ballooning class the nuclear weapons complex and the nately, there is more that needs to be sizes and significant cuts to financial at least $100 billion to replace the stra- done. aid. tegic delivery systems that were ex- Despite the progress we have made, I’ve heard from parents who are tracted in return for votes to pass the alcohol continues to be the number one afraid for their kids who have autism, START treaty are obvious places to drug of choice among youth, and the fearful that their kids won’t be able to begin retrenchment. There are tens, if consequences are devastating. get the services that they rely on. not hundreds, of billions of dollars to In addition to costing society over I’ve heard from tribal leaders who be saved over the next 10 years by re- $62 billion a year, underage drinking by say that these cuts will scale back focusing our defense posture for the youths 15–20 years of age is a major community policing on our reserva- threats of today and the likely ones of cause of homicide, suicide, and motor tions and jeopardize patient access to tomorrow. Let’s start cutting this mas- vehicle accidents. And it results in the the Indian Health Service. sive Cold War deterrence based on the deaths of approximately 5,000 youths And as someone who has spent the threat of nuclear weapons we’ve never every year. Adding to this tragedy is last decade working in economic devel- been able to use, don’t want to use, the fact that all of these consequences opment, I’ve heard from small business shouldn’t use, and can’t afford. are preventable. This makes reauthor- owners who say that all of this uncer- I invite my colleagues, especially ization of the STOP Act even more nec- tainty is making them hesitant to hire those on the other side of the aisle, to essary. new workers and expand their produc- join us in getting real and getting spe- H.R. 498 continues the successful pro- tion lines. Virtually every meeting cific. There is a clear path forward that grams of the original STOP Act and that I have had has detailed how reck- should command the support of Repub- adds a grant program to train pediatric less and wrong-headed these across- licans and Democrats alike to achieve health care providers on the best prac- the-board cuts would be. fiscal stability. Let’s rein in out- tices for screening and treating sub- Yesterday, testifying before the rageous crop insurance abuses. Don’t stance abuse among youth. House Armed Services Committee, fight health care reform—accelerate it. Mr. Speaker, the reauthorization of Deputy Secretary of Defense Ashton The work we’re doing in Oregon, if ap- the STOP Act is an important bipar- Carter pointed out that these cuts plied nationally, could save up to $1.5 tisan effort to help prevent the need- aren’t happening because we’ve

VerDate Mar 15 2010 23:41 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.021 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H509 thought about them strategically. PROTECT FUNDAMENTAL RIGHT with section 5 of the Voting Rights They’re not happening because we’ve TO VOTE Act. identified wasteful spending. They’re The SPEAKER pro tempore. The f not happening because we’ve discov- Chair recognizes the gentlewoman from CELEBRATING THE 150TH ANNI- ered some new technology that makes Texas (Ms. EDDIE BERNICE JOHNSON) for VERSARY OF KANSAS STATE it cheaper to keep our Nation safe. 5 minutes. UNIVERSITY They’re only happening because they Ms. EDDIE BERNICE JOHNSON of The SPEAKER pro tempore. The are, as he put it, ‘‘the collateral dam- Texas. Mr. Speaker, this month the Su- Chair recognizes the gentleman from age of political gridlock.’’ preme Court will hear arguments in Kansas (Mr. HUELSKAMP) for 5 minutes. We’ve already seen the effects of Shelby v. Holder, a case that chal- Mr. HUELSKAMP. Mr. Speaker, I these looming cuts in Washington lenges the constitutionality of section rise today to recognize the first land- State. The Puget Sound Naval Ship- 5 of the Voting Rights Act. It is imper- grant college in America. Founded on yard, the largest employer in my dis- ative that the Voting Rights Act be February 16, 1863, Kansas State Univer- trict, had to postpone its career fair be- upheld in its entirety, for without it, a sity has faithfully served the people of cause of all of this budget uncertainty. fundamental piece of our democracy Kansas and this great Nation for 150 This is a no brainer—we have the work will be out of reach for millions in this years. country. and we have the workers, but they K-State was one of the first schools Mr. Speaker, I stand here after two can’t hire because Congress hasn’t done to offer a degree in home economics. K- decades, and I’m supposed to be stand- its job. Puget Sound Naval Shipyard State has helped feed a hungry world ing here representing a district that through innovative wheat, beef, and needs to be able to actively recruit and has been altered twice. But, Mr. Speak- hire workers. Our local economy needs sorghum research; and Kansas State er, I stand here representing a district University is preparing for the next it, and our national security depends that has been altered three times—that on it. And yet, here we are. generation of animal research with the many times—in this last two decades. construction of the National Bio and Later today, we will be focusing on As we saw in the recent election, dis- Agri-Defense Facility Research Lab- legislation that doesn’t solve this prob- crimination on the basis of race is a oratory. lem, isn’t going to pass the Senate, and persistent reality throughout many lo- Let me extend my heartfelt con- isn’t going to become law. And after we calities in States protected by section 5 gratulations to Kansas State Univer- finish legislative business tomorrow, of the Voting Rights Act. Without sity for the last 150 years as we look we’re all being sent home for a week. these protections, voters are at risk of forward to many more successes in the This leaves us with just 4 legislative losing their fundamental right to vote next 150 years. days for us to act before these across- and to have that vote counted. f the-board cuts go into effect. The Voting Rights Act provides a remedy to protect voters, either by ad- REAUTHORIZATION OF SECTION 5 We were elected to this body to help dressing actual instances of discrimi- OF THE VOTING RIGHTS ACT people. Stopping these damaging, non- nation or by preventing discrimination The SPEAKER pro tempore. The strategic, across-the-board cuts to from happening in the first place. Chair recognizes the gentlewoman from avoid undermining our economy should Texas (Ms. JACKSON LEE) for 5 minutes. be our top priority. We should be work- b 1040 Ms. JACKSON LEE. Mr. Speaker, ing day and night until we have a solu- Section 5 provides localities the op- I’ve always had such great respect for tion. By doing nothing, we risk putting portunity to prove that they are fully this distinguished body, the holder and our fragile economy back into a reces- committed to ensuring everyone has interpreter of democracy, the institu- sion. By doing nothing, we refuse the the right to vote, and sets out clear tion that proudly protects the Con- commitments we’ve made. We’re cut- criteria for doing so. In this way, sec- stitution that was written by those ting education, kicking kids off Head tion 5 of the Voting Rights Act encour- who saw in this land this bright and Start, hurting small businesses, and ages localities to establish fair voting shining sun from sea to shining sea, gutting research and innovation—the practices, but demands real proof of enormous opportunity for freedom. foundations of our long-term economic the progress. So many people came to this Nation, growth. I cannot tell you how many cases and they came in many different ways. that come to the attention of the Jus- We don’t carry the way we came into By doing nothing, we hurt the men tice Department, almost on a monthly the future, as much as the fact that we and women who spend their days pro- basis, of discrimination in this area. are grateful of the opportunity that tecting our Nation and providing essen- The Constitution is unequivocally this Nation has given us. tial services to the American people. clear that the Congress has the author- The Nation has been able to turn the And by doing nothing, Congress is ity to protect voters. That is why Con- tide on embracing democracy in its spending the wrong message to the gress spent so much time in 2006 re- fullest because of the Constitution and American people. viewing all the data and hearing from the laws, because we adhere to the Mr. Speaker, we need to get America all sides. three branches of government. So al- back to work. And, Mr. Speaker, we The 2006 reauthorization was recogni- though my ancestors came to this Na- need to get Congress working again, tion that discrimination still exists but tion in bondage that lasted for hun- too. Doing nothing is not an option. that Congress has a responsibility to dreds of years, slavery, that has its Let’s put an end to these gimmicks, ensure that every voter must continue remnants continuously as we move and let’s stop kicking the can down the to exercise their right. throughout society, there are now laws road. Let’s stop these series of self-im- If every State would prove to the vot- that can ensure, no matter how you posed crises that fissure the trust and ers that they are willing not to dis- came to this country, no matter what predictability that the private sector criminate, there would not be the need; language you spoke, you are, in fact, but that has not happened. Even States needs. deserving of the protection of the Con- not covered have had difficulty of al- stitution. Let’s work together to reach a bal- lowing minorities to express them- And so out of that protection came anced compromise to replace the selves. the 14th and 15th Amendments. Those across-the-board cuts with a smart, Now, I have been a victim of dis- amendments provided that no State balanced approach to addressing our crimination through redistricting and shall make or enforce any law which fiscal challenges and getting our econ- cracking and packing and every other shall abridge the privileges or immuni- omy growing again. Let’s maintain our technique that can happen in redis- ties of citizens of the United States, commitment to our Nation’s most vul- tricting. Mr. Speaker, until we, in this nor shall any State deprive any person nerable and preserve retirement secu- country, can guarantee that voters will of life, liberty or property without due rity for our seniors. And let’s get be handled fairly, there is no way that process of law, and not deny any person America back to work. we should be talking about doing away in the jurisdiction equal protection.

VerDate Mar 15 2010 23:41 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.008 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H510 CONGRESSIONAL RECORD — HOUSE February 14, 2013 The 15th Amendment provides that Rights Act because there were abuses As a Member of this body, I firmly believe the right of citizens to vote shall not and prohibitions and intimidation of that we must protect the rights of all eligible be denied or abridged by the United African Americans being able to vote. citizens to vote. Over the past few decades, States or any State on account of its And so today I believe it is extremely minorities in this country have witnessed a race, color, or previous servitude. important that, as the Supreme Court pattern of efforts to intimidate and harass mi- And, finally, each amendment allows takes this case up on February 27, that nority voters through so-called ‘‘Voter Id’’ re- this Congress to enforce laws; and that we stand in the midst of the 15,000 quirements. I am sad to report that as we was the basis of the authority of the sheets of documentation, when I had head into the 21st century, these efforts con- President that came from Texas, Presi- the privilege of joining with my Judici- tinue. dent Lyndon Baines Johnson, who ary Committee colleagues to reauthor- Never in the history of our nation, has the joined with a young, brilliant minister ize the Voting Rights Act and, specifi- effect of one person, one vote, been more im- of the gospel, a man who ultimately cally, section 5, and writing amend- portant. A great Spanish Philosopher, George sacrificed his life, Dr. Martin Luther ments to ensure its sanctity and secu- Santayana once said ‘‘Those who cannot King, Jr., to engage in debates and dis- rity for a period of years, that we did learn from history are doomed to repeat it.’’ cussion that resulted in the 1964 Civil not do it frivolously. We did it with au- Our history has taught us that denying the Rights Act and the 1965 Voting Rights thority, Mr. Speaker, and I am asking right to vote based on race, gender or class is Act. that America stand against the elimi- a stain on the democratic principles that we all And here we are today with the op- nation of the Voting Rights Act. Join value. The Voting Rights Act was a reaction to portunity for people from all walks of us on February 27. the actions of our passed and a way to pave life and all communities to be able to I rise today to speak about the need to pro- the road to a new future. vote and to have, as of September 28, tect democracy, to protect the voice of the The Voting Rights Act (VRA) was adopted 2011, the upholding of the pre-clearance American people, and to ensure the right to in 1965 and was extended in 1970, 1975, and provision, a very special provision of vote continues to be treated as a right under 1982. This legislation is considered the most the Voting Rights Act by a district the Constitution rather than being treated as successful piece of civil rights legislation ever court, Federal court in the District of though it is privilege. adopted by the United States Congress. Con- Columbia. If you are a Constitutional Scholar this is an trary to the prevailing rumor that the Act is due Shelby v. The United States now is exciting time because the United States Su- to expire, leaving minorities with no rights, the before the Supreme Court. And my ar- preme Court has a very active docket this Act is actually due for reauthorization in the gument, Mr. Speaker, is that this is no term, deciding on matters which have great 2nd session of the 108th Congress—there is time to eliminate pre-clearance. I’m import to every American. no doubt about whether it will continue to pro- reminded of a letter that I wrote to the And pursuant to that, in less than two weeks tect our rights in the future. U.S. Attorney’s Office, Attorney Gen- the Supreme Court will hear the case of The VRA codifies and effectuates the 15th Shelby County Alabama v. Holder. The issue eral Eric Holder, just in my city alone, Amendment’s permanent guarantee that, in this case is whether Congress’ decision in the city of Houston, to report 15 voter throughout the nation, no person shall be de- 2006 to reauthorize Section 5 of the Voting abuse cases. nied the right to vote on account of race or Without the pre-clearance, where Rights Act under the pre-existing coverage for- color. Adopted at a time when African Ameri- would we be? mula of Section 4(b) of the Voting Rights Act cans were substantially disfranchised in many Or the proposal to eliminate the exceeded its authority under the Fourteenth Southern states, the Act employed measures North Forest Independent School Dis- and Fifteenth Amendments and thus violated to restore the right to vote to citizens of all trict Board of Trustees over a school the Tenth Amendment and Article IV of the U.S. states. district that has worked hard to sur- United States Constitution. By 1965, proponents of disenfranchisement The challenge to the constitutionality of Sec- vive which will be subjected to the pre- made violent attempts to thwart the efforts of tion 5 in this case was brought by Shelby civil rights activists. The murder of voting- clearance to determine whether not County, Ala., which is a majority white suburb rights activists in Philadelphia and Mississippi only the students will be denied their of Birmingham. gained national attention, along with numerous rights to learn in a school district they In rejecting the County’s arguments, Judge other acts of violence and terrorism. love and is fighting for their education, Bates agreed with an earlier unanimous deci- Finally, the unprovoked attack on March 7, but that elected persons will be denied sion, by a three-judge panel of the D.C. Dis- 1965, by state troopers on peaceful marchers the right to serve and others denied the trict Court, which likewise upheld the constitu- crossing the Edmund Pettus Bridge in Selma, right to vote for them. tionality of Section 5, in a case brought by a Alabama, en route to the state capitol in Mont- The Voting Rights Act protects all local Texas utility district, which is my home gomery, persuaded the President and Con- voters. It gives them all the right to state. gress to overcome Southern legislators’ resist- vote—one vote, one person. And Shelby That earlier decision, however, was vacated ance to effective voting rights legislation. County has raised issue that they in 2009 when the Supreme Court decided that President Johnson issued a call for a strong should not be subjected to pre-clear- the utility district could pursue a statutory voting rights law and hearings began soon ance, that they are beyond that. The ‘‘bailout’’ from Section 5 coverage. thereafter on the bill that would become the district court, the Federal court de- Unlike the Texas utility district, Shelby Voting Rights Act. cided, in Washington, D.C., that they County freely admitted that it has a recent his- Congress adopted this far-reaching statute were wrong, that pre-clearance is con- tory of voting discrimination that disqualified it in response to a rash of instances of inter- stitutional. from ‘‘bailing out.’’ ference with attempts by African American citi- And we know that well because when I am joined by my colleagues here today to zens to exercise their right to vote—a rash we had the privilege of reauthorizing call on all Americans to reject and denounce that appears to be manifesting itself again in section 5 in 2006, building on the lead- tactics and measures that have absolutely no this nation. Perhaps a legislative measure is ership of my predecessor, the Honor- place in our democracy. I call on African- needed to respond in a way that the VRA did. able Barbara Jordan, who came to the Americans, Hispanic and Latino Americans, as The Supreme Court upheld the constitu- United States Congress only because, well as Asian-American voters to band to- tionality of the VRA in 1966 in a landmark de- along with Andrew Young, the first gether to fight for their right to vote and to cision—South Carolina v. Katzenbach, 383 who came out of the Deep South since work together to understand their voting rights U.S. 301, 327–28: Reconstruction, only because America which are granted to citizens of our nation by Congress had found that case-by-case liti- had seen fit to pass the Voting Rights our laws and our Constitution. gation was inadequate to combat widespread Act of 1965, because I can assure you, I call on these citizens to stand against har- and persistent discrimination in voting, be- with personal stories from the Honor- assment and intimidation, to vote in the face cause of the inordinate amount of time and able Barbara Jordan told to us in her of such adversity. The most effective way to energy required to overcome the obstruc- lifetime, that she ran and ran and ran curb tactics of intimidation and harassment is tionist tactics invariably encountered in these lawsuits. After enduring nearly a cen- and ran and could not be elected in to vote. Is to stand together to fight against tury of systematic resistance to the Fif- Houston, Texas. any measures that would have the effect of teenth Amendment, Congress might well de- The Barbara Jordan that was ad- preventing every eligible citizen from being cide to shift the advantage of time and iner- mired by many could not be elected able to vote. Voting ensures active participa- tia from the perpetrators of the evil to its until after the passage of the Voting tion in democracy. victims.

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.011 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H511 It seems that the ‘‘obstructionist tactics’’ that pared to only 8% of their white counterparts. Four states with new voter identification threatened the aggrieved parties in Katzen- Eighteen percent of Americans over the age of mandates, including my home state of Texas, bach have returned. The advantages of ‘‘time 65 do not have government-issued photo ID. South Carolina, Mississippi, and Alabama, are and inertia’’ that were shifted from bigoted bu- Laws requiring photo identification to vote required under the Voting Rights Act to have reaucrats to minority victims are slowly shifting are a ‘‘solution’’ in search of a problem. There these voting changes pre-cleared by either the back against their favor when educators, gov- is no credible evidence that in-person imper- Department of Justice (DOJ) or a panel of fed- ernment leaders, and agencies are allowed to sonation voter fraud—the only type of fraud eral judges. Before they may be implemented, contravene the policy and legal conclusions that photo IDs could prevent—is even a minor DOJ must certify that these laws do not have given by the highest court in the country. problem. Multiple studies have found that al- the purpose or effect of restricting voting by Several factors influenced the initiation of most all cases of alleged in-person imperson- racial or language minority groups. this civil rights legislation. The first was a large ation voter ‘‘fraud’’ are actually the result of a Thus far, South Carolina and Texas both shift in the number of African Americans away voter making an inadvertent mistake about have submitted applications to DOJ that have from the Republican Party. Second, many their eligibility to vote, and that even these been formally opposed in written submissions. Democrats felt that it was a mistake of its mistakes are extremely infrequent. DOJ has requested further information from It is important, instead, to focus on both ex- Southern members to oppose civil rights legis- both states, and the applications are on hold. panding the franchise and ending practices lation because they could lose more of the Af- Alabama’s ID requirements do not take effect which actually threaten the integrity of the rican American and liberal votes. until 2014, so the state has not yet applied to No right is more fundamental than the right elections, such as improper purges of voters, voter harassment, and distribution of false in- DOJ for preclearance. Mississippi’s voter ID to vote. It is protected by more constitutional requirement was approved by voters on No- amendments—the 1st, 14th, 15th, 19th, 24th formation about when and where to vote. None of these issues, however, are addressed vember 8, 2011, so a preclearance request and 26th—than any other right we enjoy as has not yet been submitted. Americans. Broad political participation en- or can be resolved with a photo ID require- sures the preservation of all our other rights ment. In countries scattered across this earth, citi- and freedoms. 3 State laws that impose new Furthermore, requiring voters to pay for an zens are denied the right to speak their hearts restrictions on voting, however, undermine our ID, as well as the background documents nec- and minds. In this country, only a few decades strong democracy by impeding access to the essary to obtain an ID in order to vote, is tan- ago, the right to vote was limited by race, sex, polls and reducing the number of Americans tamount to a poll tax. Although some states or the financial ability to own land. When a who vote and whose votes are counted. issue IDs for free, the birth certificates, pass- vote is not cast, it is a referendum on all those ports, or other documents required to secure who fought so hard and tirelessly for our VOTER IDENTIFICATION rights. When a vote is cast, it is cast not only There have been several restrictive voting a government-issued ID cost money, and for you and the future but also for all those bills considered and approved by states in the many Americans simply cannot afford to pay for them. In addition, obtaining a government- who never had the chance to pull a lever. past several years. The most commonly ad- issued photo ID is not an easy task for all vanced initiatives are laws that require voters We are still working to make Martin Luther members of the electorate. Low-income indi- to present photo identification when voting in King’s dream a reality, a reality in which our viduals who lack the funds to pay for docu- person. Additionally, states have proposed or government’s decisions are made out in the mentation, people with disabilities with limited passed laws to require proof of citizenship open not behind cigar filled closed doors. access to transportation, and elderly. The time to take back the country is at when registering to vote; to eliminate the right Americans who never had a birth certificate hand, and we are the ones with the power to to register to vote and to submit a change of and cannot obtain alternate proof of their birth do just that. To do so we must allow all citi- address within the same state on Election in the U.S., are among those who face signifi- Day; to shorten the time allowed for early vot- cant or insurmountable obstacles to getting zens who are eligible to vote, with the right to ing; to make it more difficult for third-party or- the photo ID needed to exercise their right to excise this decision without tricks or tactics to ganizations to conduct voter registration; and vote. For example, because of Texas’ recently dilute their right to vote. even to eliminate a mandate on poll workers passed voter ID law, an estimated 36,000 Instances of voter intimidation are not long to direct voters who go to the wrong precinct. people in West Texas’s District 19 are 137 ago and far away. Just last year I sent a letter These recent changes are on top of the miles from the nearest full service Department to U.S. Attorney General Eric Holder to draw disfranchisement laws in 48 states that de- of Public Safety office, where those without his attention to several disturbing instances of prive an estimated 5.3 million people with IDs must travel to preserve their right to vote voter intimidation that had taken place in criminal convictions—disproportionately Afri- under the state’s new law. Houston. In a single week there were at least can Americans and Latinos—of their political In addition, women who have changed their 15 reports of abuse of voter rights throughout voice. names due to marriage or divorce often expe- the city of Houston. Voter ID laws are becoming increasingly rience difficulties with identity documentation, As a Senior Member of the House Judiciary common across the country. Today, 31 states as did Andrea, who recently moved from Mas- Committee, I called for an immediate inves- have laws requiring voters to present some sachusetts to South Carolina and who, in the tigation of these instances. Many of these inci- form of identification to vote in federal, state span of a month, spent more than 17 hours dents of voter intimidation were occurring in and local elections, although some laws or ini- online and in person trying without success to predominately minority neighborhoods and tiatives passed in 2011 have not yet gone into get a South Carolina driver’s license. have been directed at African-Americans and effect. Some must also be pre-cleared under Voter ID laws send not-so-subtle messages Latinos. It is unconscionable to think that any- the Voting Rights Act prior to implementation. about who is and is not encouraged to vote. one would deliberately employ the use of such In 16 of those 31 States, voters must (or will As states approve laws requiring photo ID to forceful and intimidating tactics to undermine soon be required to) present a photo ID—that vote, each formulates its own list of accept- the fundamental, Constitutional right to vote. in many states must be government-issued— able forms of documentation. Another com- However, such conduct has regrettably oc- in order to cast a ballot. mon thread emerging from disparate state ap- curred in Houston, and I urge you to take ap- Voter ID laws deny the right to vote to thou- proaches is a bias against robust student elec- propriate action to ensure that it does not sands of registered voters who do not have, toral participation. recur. and, in many instances, cannot obtain the lim- Henceforth, students at Wisconsin colleges ited identification states accept for voting. and universities will not be able to vote using I am here today in the name of freedom, pa- Many of these Americans cannot afford to pay their student ID cards, unless those cards triotism, and democracy. I am here to demand for the required documents needed to secure have issuance dates, expiration dates, and that the long hard fought right to vote con- a government issued photo ID. As such, these signatures. tinues to be protected. laws impede access to the polls and are at Currently, only a handful of Wisconsin col- A long, bitter, and bloody struggle was odds with the fundamental right to vote. leges and universities are issuing compliant fought for the Voting Rights Act of 1965 so In total, more than 21 million Americans of IDs. Nor will South Carolina, Texas, or Ten- that all Americans could enjoy the right to voting age lack documentation that would sat- nessee accept student identification at the vote, regardless of race, ethnicity, or national isfy photo ID laws, and a disproportionate polls. origin. Americans died in that fight so that oth- number of these Americans are low-income, Policies that limit students’ electoral partici- ers could achieve what they had been force- racial and ethnic minorities, and elderly. As pation are particularly suspect, appearing on fully deprived of for centuries—the ability to many as 25% of African Americans of voting the heels of unprecedented youth turnout in walk freely and without fear into the polling age lack government-issued photo ID, com- the 2008 election. place and cast a voting ballot.

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\A14FE7.004 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H512 CONGRESSIONAL RECORD — HOUSE February 14, 2013 Efforts to keep minorities from fully exer- We must not forget the importance of pro- b 1050 cising that franchise, however, continue. In- tecting this hard earned right. TIME TO GET TO WORK deed, in the past thirty years, we have wit- VOTER ID nessed a pattern of efforts to intimidate and The SPEAKER pro tempore. The harass minority voters including efforts that An election with integrity is one that is open Chair recognizes the gentleman from were deemed ‘‘Ballot Security’’ programs that to every eligible voter. Restrictive voter ID re- Florida (Mr. GARCIA) for 5 minutes. include the mailing of threatening notices to quirements degrade the integrity of our elec- Mr. GARCIA. Mr. Speaker, this after- African-American voters, the carrying of video tions by systematically excluding large num- noon a group of 20 freshman Members cameras to monitor polls, the systematic chal- bers of eligible Americans. of Congress will gather to announce lenging of minority voters at the polls on un- I do not argue with the notion that we must that we are putting aside our partisan lawful grounds, and the hiring of guards and prevent individuals from voting who are not al- differences to do the right thing for the off-duty police officers to intimidate and fright- lowed to vote. Yet a hidden argument in this American people. For Democrats, this en voters at the polls. bill is that immigrants may ‘‘infiltrate’’ our vot- means that 10 of us are willing to com- My colleagues on the other side of the aisle ing system. Legal immigrants who have suc- promise on spending so long as we keep have a particularly poor track record when it cessfully navigated the citizenship maze are our promise to seniors that they can comes to documented acts of voter intimida- unlikely to draw the attention of the authorities retire with dignity and have access to tion. In 1982, a Federal Court in New Jersey by attempting to register incorrectly. Similarly, affordable, quality health care. My Re- provided a consent order that forbids the Re- undocumented immigrants are even less likely publican colleagues have said that they publican National Committee from undertaking to risk deportation just to influence an election. are willing to compromise on revenues any ballot security activities in a polling place If for no other reason than after a major dis- so long as Democrats meet them half- or election district where race or ethnic com- aster be it earth quakes, fires, floods or hurri- way. position is a factor in the decision to conduct canes, we must all understand how vulnerable Like most Americans, to those of us such activities and where a purpose or signifi- our system is. Families fleeing the hurricanes who are new to Washington, ‘‘com- cant effect is to deter qualified voters from vot- and fires suffered loss of property that in- promise’’ isn’t a dirty word. It’s what ing. These reprehensible practices continue to cluded lost documents. Compounding this was regular, ordinary people do in their plague our Nation’s minority voters. the devastation of the region, which virtually daily lives. The American people get it. If you have a problem that arises in VOTING RIGHTS ACT HISTORY shut down civil services in the area. For exam- August 6, 2011, marked the 46th anniver- ple, New Orleans residents after Hurricane your office, you and your coworkers sary of the Voting Rights Act. Katrina were scattered across 44 states. may disagree on how to address it, but Most Americans take the right to vote for These uprooted citizens had difficulty reg- your company does not wait until it granted. We assume that we can register and istering and voting both with absentee ballots gets to the last minute to solve it. You vote if we are over 18 and are citizens. Most and at satellite voting stations. As a result, simply meet with your colleagues, put of us learned in school that discrimination those elections took place fully 8 months after differences aside, and find solutions. based on race, creed or national origin has the disaster, and it required the efforts of non- Not everyone will get what they want, been barred by the Constitution since the end profits, such as the NAACP, to ensure that but we move forward. And this is pre- of the Civil War. voters had the access they are constitutionally cisely what the American people have Before the 1965 Voting Rights Act, however, guaranteed. sent us to Washington to do. They have sent us here to solve problems on their the right to vote did not exist in practice for We need to address the election fraud that behalf and not argue all the time. most African Americans. And, until 1975, most we know occurring, such as voting machine Mr. Speaker, the challenges before us American citizens who were not proficient in integrity and poll volunteer training and com- are serious, and they deserve serious English faced significant obstacles to voting, petence. After every election that occurs in proposals. While our economy is grow- because they could not understand the ballot. this country, we have solid documented evi- ing, we still have many families that Even though the Indian Citizenship Act gave dence of voting inconsistencies and errors. In are looking for work or waiting for our Native Americans the right to vote in 1924, 2004, in New Mexico, malfunctioning ma- economy to grow more quickly. Many state law determined who could actually vote, chines mysteriously failed to properly register parents are working two and three jobs which effectively excluded many Native Ameri- a presidential vote on more than 20,000 bal- and yet cannot find a way to save cans from political participation for decades. lots. 1 million ballots nationwide were flawed money for retirement or send their Asian Americans and Asian immigrants also by faulty voting equipment—roughly one for kids to school. I see this all the time in have suffered systematic exclusion from the every 100 cast. political process and it has taken a series of my community in places like Kendall, Those who face the most significant barriers reforms, including repeal of the Chinese Ex- Westchester, and Islamorada. are not only the poor, minorities, and rural clusion Act in 1943, and passage of amend- This status quo is unacceptable to populations. 1.5 million college students, ments strengthening the Voting Rights Act me, just as I know it is unacceptable to whose addresses change often, and the elder- three decades later, to fully extend the fran- my Republican colleagues. Yet it ly, will also have difficulty providing docu- chise to Asian Americans. It was with this his- seems that when we gather in this mentation. tory in mind that the Voting Rights Act of 1965 Chamber, rather than finding common- was designed to make the right to vote a re- In fact, newly married individuals face sig- sense solutions to our problems, we en- ality for all Americans. nificant barriers to completing a change in sur- gage in ideological debates that are de- And the Voting Rights Act has made giant name. For instance, it can take 6–8 weeks to signed for political posturing that lead strides toward that goal. Without exaggeration, receive the marriage certificate in the mail, an- us to nowhere. it has been one of the most effective civil other two weeks (and a full day waiting in line) At a minimum, if we can’t agree on rights laws passed by Congress. to get the new Social Security card, and finally every issue, we should be working hard In 1964, there were only approximately 300 three-four weeks to get the new driver’s li- to solve problems. The American peo- African-Americans in public office, including cense. There is a significant possibility that ple may not know this, but the fact is just three in Congress. Few, if any, black this bill will also prohibit newlyweds from vot- that of the 31 days that we met here elected officials were elected anywhere in the ing if they are married within three months of last month, Members of Congress only South. Today there are more than 9,100 black Election Day. gathered six times. And in those 6 elected officials, including 43 members of The right to vote is a critical and sacred days, the only bill of any real signifi- Congress, the largest number ever. The act constitutionally protected civil right. To chal- cance was the Hurricane Sandy relief— has opened the political process for many of lenge this is to erode our democracy, chal- a bill that should have been approved the approximately 6l,000 Latino public officials lenge justice, and mock our moral standing. I last year. Maybe this is the way Wash- that have been elected and appointed nation- urge my colleagues to join me in dismissing ington works; but in the rest of Amer- wide, including 263 at the state or federal this crippling legislation, and pursue effective ica, if you show up to your job less level, 27 of whom serve in Congress. And Na- solutions to the real problems of election fraud than 20 percent of the time—that’s tive Americans, Asians and others who have and error. We cannot let the rhetoric of an about 1 day a week—you probably historically encountered harsh barriers to full election year destroy a fundamental right upon won’t have a job for too long. And yet political participation also have benefited which we have established liberty and free- some of my colleagues find this accept- greatly. dom. able. Well, I don’t. And I know the

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.006 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H513 American people won’t find this ac- bled and died for. Yet we are still fight- that many times—and whenever I ceptable either. ing for this very right. Some say its speak to classes, it shocks the students So I respectfully invite each of my time to move on. But, my dear friends, when I tell them that in my first year colleagues, Republican and Democrats we must never move on while these at the University of Tennessee it cost alike, and even those of you who have rights are not just at risk but under at- $90 per quarter in our tuition. In other been in Washington for a while, to join tack. And when I detail the discrimina- words, I went to school for $270. It went us for this moment of bipartisanship tion contained within the redistricting up to $105, and then $120, and then $135 and work together on behalf of our fel- process, no one should think I’m acting a quarter my senior year, so it went up low citizens. Let’s remember that it is as a partisan Democrat. The three- $405. But this was shortly after the a privilege to serve the American peo- judge panel in Federal court that heard Federal student loan program had ple. It’s time to get to work. the evidence, questioned the witnesses, come in. f and delivered the opinion of the Texas Until that program came in, college redistricting case consisted of two tuition and fees went up at just the UPHOLDING SECTION 5 OF THE judges appointed by Republican Presi- rate of inflation. It went up very slow- VOTING RIGHTS ACT dents and one judge appointed by a ly—in fact, sometimes less than infla- The SPEAKER pro tempore. The Democratic President. Their finding of tion. But now, and ever since that pro- Chair recognizes the gentleman from intentional discrimination was unani- gram has come in, tuition and fees Texas (Mr. VEASEY) for 5 minutes. mous. They could not have made their have gone up at three or four or five Mr. VEASEY. As oral arguments are views any clearer, stating: times the rate of inflation, so that being prepared for the February 27 U.S. The parties have provided more evidence of today colleges and universities cost Supreme Court hearing in the case of discriminatory intent than we have space or 300, 400, and 500 percent higher than Shelby County v. Holder, which chal- need to address here. they would have if we had just left lenges the constitutionality of section This was not a case heard 30 years things alone. Anything the Federal 5 of the Voting Rights Act, I stand here ago, or even 10 or 5 years ago. The deci- Government subsidizes, the costs just today in strong support of upholding sion was released just last August, explode. section 5 as evidence of its current crit- barely 6 months ago. When I went to the University of ical necessity. In my home State of Lastly, those who tell you that there Tennessee—my senior year in high Texas, the need for section 5 of the is no recourse for States that no longer school I had been a bag boy at the A&P Voting Rights Act is playing out in a discriminate are, at best, dangerously making $1.10 an hour—I got a big raise. very dramatic fashion. mistaken. The Voting Rights Act con- As a freshman at the university, I be- I’m a plaintiff in the ongoing litiga- tains provisions for States that have came a salesman at Sears and worked tion involving the 2011 Texas redis- over the years exhibited that they are there my first 2 years, and I made $1.25 tricting case, Quesada v. The State of no longer in need of pre-clearance. an hour. Texas. I can personally attest and flat- States can submit evidence to the De- Almost everybody who needed to ly state that overt and deliberate ra- partment of Justice or the D.C. Dis- could work part-time and pay all of cial discrimination is still used by trict Court that they are no longer their expenses and fees in college. No- leaders in Texas today. I wish that using racial discriminatory redis- body had to borrow money to go to col- statement were untrue or out of date. tricting tactics and apply for a way out leges or universities; nobody got out of It would be wonderful to say that we of section 5. As a matter of fact, since school with a debt. Then the Federal have progressed past the need for pro- 2009, more States than ever before in Government decided to help. And now, tection under section 5 of the Voting the history of the Voting Rights Act what it has resulted in is almost every- Rights Act. Sadly, this is not the case. have been granted the right out. body has to borrow money to pay their Section 5 protects minorities from ra- So why are we challenging the con- tuition and fees, and almost everybody cial discriminatory voter ID laws, stitutionality of a law that is pro- gets out of school with some kind of voter suppression tactics, and discrimi- tecting its citizens from racial dis- huge debt. natory redistricting plans. These pro- crimination when there is, in fact, re- We’ve seen the same thing happen in tections are needed now as much as course? I will tell you the sad truth is medical care. The Federal Government ever. because, unfortunately, in States like decided to help out. Before the Federal In 2011, just 2 years ago, a map was Texas, where the minority population Government got involved in medical drawn by the Texas Legislature that is growing very rapidly and their vot- care, medical care was cheap and af- didn’t merely affect the politics of our ing strength is increasing, rather than fordable to almost everybody. Doctors State. Overt racial discriminatory tac- work to earn the vote of minority citi- even made house calls. We took what tics were used to isolate and suppress zens, State leaders would rather sup- was a very minor problem for a very hundreds of thousands of minorities for press voters through racially discrimi- few people and now we’ve turned it into the purpose of political gain by current natory tactics. a massive, major problem for everyone. partisan leaders of my State. Latino My friends, our country is better That seems to be the history of the and African American citizens in the than this. We are better than this. Federal Government. State of Texas suffered the most ag- I just came from a hearing in the That’s why we are here today in sup- gressive and deliberate discriminatory Oversight and the Government Reform port of upholding section 5 of the Vot- blows to our constitutional rights to Committee, and I will return to that ing Rights Act. fairly participate in elections. shortly. But in the GAO report on the Cold and heartless tactics were used f New York Medicaid program—which is that should be simply relics of the b 1100 the largest in the country—it tells past—relics like ‘‘packing’’ millions of about a daily payment method result- minority voters together into as few EXPANSION OF FEDERAL ing in a $5,000 daily rate for institu- districts as people to dilute the impact GOVERNMENT tional residents in the State of New of their vote by ‘‘cracking’’ the re- The SPEAKER pro tempore. The York—$5,000 daily payments. The New maining voters to ensure that their Chair recognizes the gentleman from York program is paying over twice as vote has no impact at all. Minorities Tennessee (Mr. DUNCAN) for 5 minutes. much as the average around the coun- were packed precinct by precinct and Mr. DUNCAN of Tennessee. Mr. try. block by block in order to contain the Speaker, one thing that President We sometimes hear that Medicare impact of their growing population. Obama mentioned in his State of the and Medicaid can’t be cut. We cer- And yet here we are today, fighting to Union speech the other night, which I tainly don’t want to hurt any lower-in- uphold section 5. hope he follows up on, is his effort to come people, but there are some people The right to vote and the right for stop the cost of college tuition and fees and companies getting ridiculously, one’s voice to be heard through elected from going up at such a rapid rate. fabulously wealthy off of Medicare and representation is a legally enacted and I spoke to a class at the University of Medicaid. And almost every govern- constitutional right that many have Tennessee last week—and I’ve done ment program ends up being some sort

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.012 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H514 CONGRESSIONAL RECORD — HOUSE February 14, 2013 of a sweetheart, insider-type deal, giv- I pledge allegiance to the Flag of the Here are just a couple of ways that ing contracts to companies who hire United States of America, and to the Repub- that would happen. Ten percent of the former Federal employees. It’s just lic for which it stands, one nation under God, FAA’s workforce of 40,000 would be fur- scandalous what is going on in this indivisible, with liberty and justice for all. loughed on any given day, resulting in country and it’s really hurting this Na- f reduced air traffic controllers, longer tion badly—and especially hurting the ANNOUNCEMENT BY THE SPEAKER delays, and economic losses for air middle income people that the Presi- PRO TEMPORE transportation and tourism. Fewer air dent says he’s so eager to help, but who traffic controllers means fewer flights, he will be hurting worse than ever if he The SPEAKER pro tempore. The which means less tourism, and that keeps expanding the Federal Govern- Chair will entertain up to 15 requests means fewer jobs in hotels and res- ment at the rate that he wants to. for 1-minute speeches on each side of taurants—a ripple effect that could the aisle. f cripple our economy. f The Coast Guard would be cut by RECESS KYLE CARPENTER, AN AMERICAN nearly 25 percent, jeopardizing mari- The SPEAKER pro tempore. Pursu- HERO time and navigation safety, the safe ant to clause 12(a) of rule I, the Chair flow of commerce along U.S. water- (Mr. WILSON of South Carolina declares the House in recess until noon ways, and drastically reduce our abil- asked and was given permission to ad- today. ity to fight drug trafficking. dress the House for 1 minute and to re- Accordingly (at 11 o’clock and 3 min- The clock is ticking once again. We vise and extend his remarks.) utes a.m.), the House stood in recess. cannot take our economy and our safe- Mr. WILSON of South Carolina. f ty backwards at a time when the Madam Speaker, in February of 2009, American people have worked to build b 1200 Corporal Kyle Carpenter, a constituent it up. and resident of Lexington, South Caro- AFTER RECESS Let’s act now to get rid of this ter- lina, enlisted in the United States Ma- rible sequestration. The recess having expired, the House rine Corps and went on to complete re- was called to order by the Speaker pro cruit training at the Marine Corps Re- f tempore (Mrs. MILLER of Michigan) at cruit Depot at Parris Island, South INJUSTICE TO THE VILLAGE OF noon. Carolina. A little over a year later, KING COVE, ALASKA f Corporal Carpenter was deployed to (Mr. YOUNG of Alaska was given per- Marjah, Afghanistan, with his unit to PRAYER mission to address the House for 1 carry out his service and protect our minute.) The Chaplain, the Reverend Patrick families in Operation Enduring Free- Mr. YOUNG of Alaska. Madam J. Conroy, offered the following prayer: dom. Speaker, this is an injustice what the Loving God, we give You thanks for On November 21, 2010, Corporal Car- Secretary of the Interior and the Fish giving us another day. penter suffered devastating injuries and Wildlife has done to a village As we meditate on all the blessings of when an enemy hand grenade exploded called King Cove in Alaska. We had life, we especially pray for the blessing while he was on post. Because of his he- hearings, we had the lands transfer, we of peace in our lives and in our world. roic actions, Corporal Carpenter poten- had everything going to work so these Our fervent prayer, O God, is that peo- tially saved the lives of countless oth- people could be safe—be safe to go to ple will learn to live together in rec- ers and has been decorated with a Pur- hospitals, be safe to fly out when the onciliation and respect, so that the ter- ple Heart and awarded the Combat Ac- weather was bad. It was an agreement rors of war and of dictatorial abuse will tion Ribbon. between the State, the Congress, and be no more. I have had the privilege of visiting the village of King Cove. And along As You have created each person, we with Kyle, his mother, Robin, and his comes the Fish and Wildlife and denies pray that You guide our hearts and father, Jim. Throughout his recovery them the trade that has to be nec- minds that every person of every place with the dedicated staff at Walter Reed essary for this transportation corridor. and background might focus on Your in Bethesda, Kyle has served as a testa- I’m urging my Senators to put a hold great gift of life and so learn to live in ment to hard work and valor. Today, on the new Secretary of the Interior so unity. Kyle is an intern serving with Chair- she’s not confirmed until this Sec- May Your special blessings be upon man JEFF MILLER of the Veterans’ Af- retary can, in fact, sign the law that the Members of this assembly in the fairs Committee. will allow them to have safety once important, sometimes difficult, work I have no doubt that because of Cor- and for all. This process has been going they do. Give them wisdom and char- poral Carpenter’s service, American on for more than 20 years. We finally ity, that they might work together for families are more secure. I want to got to a solution that’s being stopped the common good. thank Kyle and the Carpenter family by this administration, the lack of May all that is done this day in the for your dedication to our Nation. knowledge about human life, who people’s House be for Your greater In conclusion, God bless our troops, would rather protect something that honor and glory. and we will never forget September the does not exist. Amen. 11th in the global war on terrorism. This refuge has over 300 miles of road f f in it, but these people are being denied and need the safety. I’m asking Sec- THE JOURNAL LET’S ACT NOW TO GET RID OF retary Salazar, in fact, to take and do SEQUESTRATION The SPEAKER pro tempore. The his job: overturn the Fish and Chair has examined the Journal of the (Ms. HAHN asked and was given per- Wildlife’s recommendation, allow my last day’s proceedings and announces mission to address the House for 1 people to be safe, and make sure they to the House her approval thereof. minute.) can continue to live their lives without Pursuant to clause 1, rule I, the Jour- Ms. HAHN. Madam Speaker, when I the threat of the weather when it can nal stands approved. first came to Congress, I didn’t vote for be solved by an act of the Secretary. f that bill that created the threat of se- f questration. I thought it was a bad idea PLEDGE OF ALLEGIANCE then, and I think it’s a bad idea now. COMMEMORATING THE 2-YEAR AN- The SPEAKER pro tempore. Will the Automatic triggers that institute auto- NIVERSARY OF UPRISING IN gentleman from Colorado (Mr. GARD- matic cuts across the board in spending BAHRAIN NER) come forward and lead the House in this country are a bad idea. This (Mr. MCGOVERN asked and was in the Pledge of Allegiance. manmade crisis is now threatening given permission to address the House Mr. GARDNER led the Pledge of Al- both our Nation’s economy and our na- for 1 minute and to revise and extend legiance as follows: tional security. his remarks.)

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.014 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H515 Mr. MCGOVERN. Madam Speaker, 2 both governments should be held ac- fered no plan to pay off our $16 trillion years ago today the people of Bahrain countable. These dissidents stand for of debt, no plan to replace the seques- took to the streets in peaceful protest. an Iran free of the extreme mullahs ter cuts to national defense that he They called for democratic freedoms and the tyrant Ahmadinejad. proposed, no plan to save our broken and an end to human rights abuses. Over 3,000 unarmed freedom fighters social safety nets, and no plan to re- The Government of Bahrain responded currently live at Camp Liberty and re- store the confidence of Americans in with violence. It attacked protestors, main in imminent danger. The Iraqi the real economy. killing more than 30, and imprisoned Government has proven on more than President Obama believes that every and tortured thousands of others. Even one occasion it is unwilling to protect problem can be solved with big govern- doctors who treated protesters were ar- Iranian dissidents in Iraq. ment and another tax hike. President rested, tortured, and prosecuted. The United Nations has the responsi- Clinton once declared that the era of Two years later, the situation has bility to ensure these people are moved big government is over. Not this Presi- not improved. In fact, it may be get- to safer locations and even other coun- dent. President Obama believes more ting worse. More protestors have died, tries. Not one more life should be sto- government is the solution to all of our hundreds of political prisoners remain len by those who protect the oppressive problems. in jail, and authorities responsible for Iranian regime and the little fellow It’s time to get this economy moving the use of torture remain free. from the desert, Ahmadinejad. again, and my colleagues in the House Despite an active public relations And that’s just the way it is. are ready to work toward real solu- tions that encourage job growth, em- campaign, the Government of Bahrain f is not—and I repeat, is not—making a power individuals, and break Washing- RACE TO THE TOP GRANT AN- good-faith effort to meet the legiti- ton’s spending habits. NOUNCEMENT FOR UNION CITY mate demands of its people. f SCHOOLS The Obama administration needs to SEQUESTRATION change course with Bahrain and begin (Mr. SWALWELL of California asked and was given permission to address (Mr. SIRES asked and was given per- implementing a policy that holds Bah- mission to address the House for 1 rain accountable and promotes demo- the House for 1 minute and to revise and extend his remarks.) minute.) cratic freedoms so that we are not here Mr. SIRES. Madam Speaker, if we Mr. SWALWELL of California. I rise again saying these same things on the face yet another fiscal cliff in 2 weeks, today to congratulate the New Haven third anniversary of the protests. it is imperative that this Chamber pro- Unified School District in Union City f duces a real solution to ward off a fi- in the 15th Congressional District for nancial disaster that could deeply im- b 1210 being named one of 16 nationwide win- pact the American people. ners in the U.S. Department of Edu- THE SEQUESTER The idea behind sequestration was to cation’s Race to the Top grant pro- create a worst-case scenario that was (Mr. DEFAZIO asked and was given gram. The district will receive over $29 so severe that it would force both sides permission to address the House for 1 million in funding, which will provide to work together and find a balanced minute.) training and equipment to support the approach to passing a realistic budget Mr. DEFAZIO. Sequester. Well, that’s outstanding students, teachers, and reducing our deficits. inside-the-Beltway jargon. It means staff of New Haven Unified. stupid, indiscriminate, across-the- Instead of setting the stage for yet This is a tremendous achievement, another battle to be resolved in the board budget cuts. Cut things that are and I am proud of the school’s super- valuable—Coast Guard Rescue—and cut 11th hour, we should be focused on cre- intendent, Kari McVeigh, and school ating jobs and growing our economy. If things that are obsolete and board members Linda Canlas, Jonas unneeded—registration for a draft that sequestration goes forward, programs Dino, Michael Ritchie, Sarabjit and services that millions of Ameri- doesn’t exist—the same percent. Cheema, and Michelle Matthews, who Now, the Republicans are pointing cans rely on, like Head Start, supple- had the good sense and worked hard to mental nutrition programs like the fingers, but I think the finger’s going apply for this competitive grant. I to get pointed right back at them. WIC program, and even FEMA, would know the 13,000 students from New be decimated by drastic cuts in our They’re calling it the Haven Unified will benefit from the ‘‘Obamaquester’’? Come on now, you’ve funding. technology and educational improve- Additionally, sequestration would got to be kidding. ments in their schools. slash critical support to police who Don’t they remember their tax In Union City, this critical funding keep our streets safe, our air traffic pledge to Grover Norquist that has will help to expand after-school pro- controllers who manage our skies, and ever forever bound them to starving grams, student support, and access to food inspectors who ensure the food the Federal Government of revenue? health care for the most vulnerable that we eat is safe. Now look where that got us, when they students, and will provide teachers Instead of jeopardizing critical serv- threatened to default on the debt. It with the training and techniques need- ices to our citizens, we need to begin to got us the sequester. They refused to ed to improve our classrooms. work on an approach that will avoid se- compromise and forced us into another I am proud to represent New Haven questration while sensibly reducing our self-made arbitrary crisis. Unified, Union City, students, edu- deficit. No, it’s not an ‘‘Obamaquester’’; it’s cators, and administrators, and look f a ‘‘GroverNorquester.’’ forward to hearing of their many suc- f cesses. HONORING THE LIFE OF DR. BEN CLAYBURGH ATTACK ON CAMP LIBERTY f (Mr. CRAMER asked and was given IT’S TIME TO GET THIS ECONOMY (Mr. POE of Texas asked and was permission to address the House for 1 MOVING AGAIN given permission to address the House minute.) for 1 minute.) (Mr. STUTZMAN asked and was Mr. CRAMER. Madam Speaker, I rise Mr. POE of Texas. Madam Speaker, given permission to address the House today to pay tribute to the legacy of a as the sun was rising in the Iraqi for 1 minute.) treasured North Dakotan who touched desert, three dozen mortars rained Mr. STUTZMAN. Madam Speaker, the lives of his wonderful family and down on Camp Liberty. Camp Liberty this week, President Obama outlined all who knew him. Dr. Ben Clayburgh is where innocent Iranian exiles, in- his vision for America: job-killing tax left this world for a better place on cluding women and children, live. This hikes, a job-killing national energy January 21, my birthday. unprovoked attack left six people dead tax, job-killing wage controls, and job- Ben earned many titles during his and dozens wounded. killing stimulus spending. life. He was a surgeon, a U.S. Army pri- Now, who was responsible? Was it the Equally telling were the items that vate, a professor, and a passionate po- Iraqis, the Iranians? Looks to me like the President did not mention. He of- litical leader. But above all, he was a

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.016 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H516 CONGRESSIONAL RECORD — HOUSE February 14, 2013 healer and a diplomat who inspired 2 weeks—5 legislative days—away from LET’S DO THE JOB THE AMERICAN those around him. sequestration, and yet the House is PEOPLE SENT US HERE TO DO Grand Forks, North Dakota, will al- about to leave town for a 9-day recess. (Ms. JACKSON LEE of Texas asked ways remember Ben Clayburgh. After That’s unacceptable. We should be and was given permission to address serving his country in the U.S. Army working every day to avoid this seques- the House for 1 minute.) as a flight surgeon, he established him- ter and to avert it. Ms. JACKSON LEE of Texas. Madam self in Grand Forks as a trusted man in My colleagues on the other side of Speaker, more and more, the voices are medicine and politics, two of his great- the aisle seem determined to make se- being raised about the devastating im- est passions. questration a reality. Democrats stand pact of a sequester, a self-inflicted He served as North Dakota’s Repub- ready to work in a bipartisan manner wound of this Congress because we lican National Committeeman for 12 to avoid this. could not come together as the Amer- years and, in 2004, was honored in be- Yesterday I met with Federal em- ican people have directed us to do. The coming the Presidential elector for ployees and college leaders from Michi- security of the United States will be in George W. Bush. His picture hangs in gan who are deeply concerned about jeopardy if we have the sequester. Men the Hall of Fame at the Ronald Reagan how the cuts will affect middle class and women who stand on the front Center in Bismarck, and the memory of families, students, and senior citizens. lines in protecting this Nation will be his tremendous character will always Here’s sequestration by the numbers: in jeopardy. All of those who depend be in the hearts of those who knew and 750,000 jobs eliminated by October; upon Head Start funding, early edu- loved him. 20 percent reduction in the Penta- cation funding, title I funds and hous- May God bless Ben’s memory, his gon’s operating budget; ing funds, and opportunities for young wife, Bev, and the Clayburgh family, 70,000 children kicked out of Head people to go to college will be in jeop- his greatest legacy. Start; ardy. f 21,000 fewer food and drug inspec- And so I think it is unfortunate that tions; HONORING THE SERVICE OF we are discussing and debating on the 4 million fewer meals served through DONALD E. DEVANEY floor today H.R. 273, to eliminate the the senior nutrition programs. (Ms. HANABUSA asked and was 2013 statutory pay adjustment for fed- We need to find a balanced and re- eral employees. All of those people who given permission to address the House sponsible approach to reduce our def- for 1 minute.) put themselves on the line for us and icit, for sure, but not let irrational, have already had a pay freeze; all we’re Ms. HANABUSA. Madam Speaker, across-the-board cuts take effect. today I wish to honor Mr. Donald E. talking about is 0.5 percent. None of Doing so will devastate this economic that will bring down the debt or help Devaney, Retired, the first civilian pro- recovery. vost marshal to be appointed by the the deficit. We’re just making noise. What we should be doing is focusing on United States Army. In March 1984 he f assumed the position at Tripler Army coming together around a growth and innovation budget and bringing the Medical Center in Hawaii. b 1220 During a nearly 30-year assignment deficit down. What we should be doing at Tripler Army Medical Center, he es- is honoring the Sandy Hook and other INVEST IN AMERICA AND GROW tablished a provost marshal office and victims and passing real gun violence OUR ECONOMY police department that gained great prevention like universal background notoriety by many elements of the (Mr. COHEN asked and was given per- checks and storing guns. United States Government and the mission to address the House for 1 Madam Speaker, let us do the job the local community during a time of un- minute and to revise and extend his re- American people sent us to do. certainty and many wartime missions. marks.) f Through Mr. Devaney’s leadership, the Mr. COHEN. I join in concern about RECESS Tripler Provost Marshal Office has our budget. Advancements to health been recognized as a leading law en- would be cut in a major way. When I The SPEAKER pro tempore. Pursu- forcement and security department. was a child, I had polio, and it has ef- ant to clause 12(a) of rule I, the Chair Mr. Devaney’s service as a Federal fects on people who have polio in later declares the House in recess until ap- employee is built upon a 30-year career years. But because of the Federal Gov- proximately 1:30 p.m. today. in the Army. In 1953, at the age of 17, ernment’s investment in research like Accordingly (at 12 o’clock and 22 he enlisted in the Rhode Island Na- the Salk vaccine and the Sabin vac- minutes p.m.), the House stood in re- tional Guard during the Korean con- cine, it has saved many families and cess. flict to join his peers in doing his part children from that devastating disease. f to serve America. A year later, he And around the world it’s been success- switched to Active Duty and was sent ful, too. There are other diseases like b 1330 heart disease, Alzheimer’s, and cancer to locations in Japan as a military po- AFTER RECESS liceman. that the National Institutes of Health As cochair of the U.S. Army Hawaii is primarily responsible for the re- The recess having expired, the House Retiree Council for more than three search. was called to order by the Speaker pro decades, he has provided invaluable I’m worried about health and also tempore (Mrs. MILLER of Michigan) at 1 service to our retiree families and, as a jobs, and a major driver of jobs is re- o’clock and 30 minutes p.m. result, facilitated an understanding by search and development, education, f them of the ever-improving and chang- and infrastructure spending by the PROVIDING FOR CONSIDERATION ing medical delivery systems we em- Federal Government. Most of our great OF H.R. 273, ELIMINATION OF 2013 ploy. advances, whether it’s railroads or the PAY ADJUSTMENT, AND FOR Madam Speaker, I ask you to join me Internet or health care, have come OTHER PURPOSES as we offer our gratitude today to a through Federal Government partner- man that has dedicated his life to serv- ships with the private sector. We need Mr. WOODALL. Madam Speaker, by ice to our country. to continue those to create a middle direction of the Committee on Rules, I f class—consumers that can grow our call up House Resolution 66 and ask for economy out of these problems. It’s not its immediate consideration. ´ ` DEJA VU ALL OVER AGAIN just President Obama who says it. It’s The Clerk read the resolution, as fol- (Mr. KILDEE asked and was given also who I call the three wise men: lows: permission to address the House for 1 Krugman, Stiglitz, and Robert Reich. H. RES. 66 minute.) Austerity hasn’t worked. We need to Resolved, That upon the adoption of this Mr. KILDEE. Madam Speaker, it’s invest in America and grow our econ- resolution it shall be in order to consider in de´ja` vu all over again. Here we are just omy. the House the bill (H.R. 273) to eliminate the

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.018 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H517 2013 statutory pay adjustment for Federal Mr. POLIS. What is the process that our deficit and balance our budget employees. All points of order against con- a Member can use to demand a division through a balanced approach. But as sideration of the bill are waived. The bill of the question on a bill? Republicans on the Rules Committee shall be considered as read. All points of The SPEAKER pro tempore. If a mat- order against provisions in the bill are acknowledged last night, including waived. The previous question shall be con- ter is divisible, any Member may de- Congressman BISHOP, this particular sidered as ordered on the bill and on any mand that the matter be divided. bill would do nothing to solve our Fed- amendment thereto to final passage without Mr. POLIS. Further parliamentary eral debt, as it does not even change intervening motion except: (1) one hour of inquiry. the spending caps agreed to in the debate equally divided and controlled by the Does the rule being considered today Budget Control Act. What it does in- chair and ranking minority member of the prohibit a Member from demanding a stead is include two completely unre- Committee on Oversight and Government division of the question? lated measures. Reform; and (2) one motion to recommit. SEC. 2. During any recess or adjournment The SPEAKER pro tempore. The When you consider that the House of not more than three days, if in the opinion Chair will not interpret the content of Republicans have here coupled a Fed- of the Speaker the public interest so war- the pending measure. eral employee pay freeze with a freeze rants, then the Speaker or his designee, after Mr. POLIS. Having heard from the on Members of Congress’ salary, it consultation with the Minority Leader, may Chair that a motion can be made by leaves the suspicion that is being spec- reconvene the House at a time other than any Member to divide the question, I ulated on by many outside this Cham- that previously appointed, within the limits would like to ask unanimous consent of clause 4, section 5, article I of the Con- ber that this might, this just might be stitution, and notify Members accordingly. to demand a division of the question on being done for political purposes and SEC. 3. It shall be in order at any time today’s bill before us. posturing. And one wonders why this through the legislative day of February 15, The SPEAKER pro tempore. Is there institution is held in such low esteem 2013, for the Speaker to entertain motions objection to the request of the gen- by so many members of the public. It is that the House suspend the rules, as though tleman from Colorado? precisely this kind of political trick. under clause 1 of rule XV, relating to a meas- Mr. WOODALL. Madam Speaker, I Let there be no disagreement: This ure condemning the government of North object. Korea and its February 12, 2013 test of a nu- body, since I’ve joined this body, has clear device. The SPEAKER pro tempore. Objec- never given Members of Congress a pay SEC. 4. On any legislative day during the tion is heard. raise. It simply hasn’t. This has largely period from February 16, 2013, through Feb- Mr. POLIS. I thank the Speaker, and been an uncontroversial measure. ruary 22, 2013— I understand that it sounds like sitting When times are tough economically, (a) the Journal of the proceedings of the here in the Chamber one Member ob- Members of Congress should absolutely previous day shall be considered as approved; jected to a division of the question. I and be the first in line to say, Look, we’re (b) the Chair may at any time declare the would like to point out that over 400 not going to take a pay increase. And, House adjourned to meet at a date and time, Members did not object to the division in fact, Members of Congress have al- within the limits of clause 4, section 5, arti- of the question. ready foregone their pay increase cle I of the Constitution, to be announced by I will not ask for a recorded vote on through October of this year. the Chair in declaring the adjournment. this, although I think it’s clear that So let that come up through the ap- SEC. 5. The Speaker may appoint Members my side would win over 400-some to 1, propriations process, as it is tradition- to perform the duties of the Chair for the du- perhaps. I did not hear any additional ration of the period addressed by section 4 of ally done. I’m confident this body will this resolution as though under clause 8(a) of objections from anybody in the Cham- act with regard to Member pay. But let rule I. ber. us not tie it up with this issue of Mr. WOODALL. Will the gentleman POINT OF ORDER whether all Federal employees at all yield? Mr. POLIS. Madam Speaker, I raise a different wage levels should have any Mr. POLIS. Madam Speaker, a point point of order against H. Res. 66 be- raise at all this year or not. of parliamentary inquiry. cause the resolution violates section Now, an amendment was brought The SPEAKER pro tempore. The gen- 426(a) of the Congressional Budget Act. forth yesterday by Congressman BERA tleman shall state it. The resolution, waiving all points of of California and Congressman CON- Mr. POLIS. Is the time under my order, waives section 425 of the Con- NOLLY of Virginia, that divided the bill, control yieldable? gressional Budget Act, therefore caus- just as we tried to do today. And by The SPEAKER pro tempore. The gen- ing a violation of section 426(a). overwhelming majority, 400 some to 1, The SPEAKER pro tempore. The gen- tleman controls his time and may we did not do, because it was unani- tleman from Colorado makes a point of yield. mous consent that was required. Unfor- order that the resolution violates sec- Mr. POLIS. Thank you, Madam tunately, the idea was shut down by tion 426(a) of the Congressional Budget Speaker. If we have additional time the Rules Committee. later, I will yield to the gentleman 1 Act of 1974. I would like to yield 2 ⁄2 minutes to The gentleman has met the threshold from Georgia. the gentleman from Virginia (Mr. CON- burden under the rule and the gen- Again, there was one objection, one NOLLY). tleman from Colorado and a Member objection in this entire body, to what I Mr. CONNOLLY. Madam Speaker, I opposed each will control 10 minutes of believe would be the overwhelming will appreciate the comments we’ve just debate on the question of consider- of this body, which is to simply divide heard. The bill before us today is just ation. Following debate, the Chair will this question, because there are fun- the latest partisan jab at Federal em- put the question of consideration as damentally two issues before us. ployees who are on the front lines pro- the statutory means of disposing of the This bill, H.R. 273, introduced 3 tecting and serving our constituents point of order. weeks ago, was not seen or heard in every day. The Chair recognizes the gentleman any committee of jurisdiction of the b 1340 from Colorado. House, rushed through the Rules Com- Mr. POLIS. Madam Speaker, I raise mittee under a closed rule to the floor I remind my colleagues that more this point of order not necessarily out of the House, and yet despite the fact than 85 percent of Federal employees of concern for unfunded mandates, al- that this bill failed to undergo any ap- do not work here in the D.C. region. though there are likely some in the un- propriate committee of jurisdiction re- They live and work in your districts. derlying bill H.R. 273, but rather as view process, here it is in the House They are the law enforcement agents, well to demonstrate that in many ways with limited debate at a time when we park rangers, researchers, and health this bill and this process has been a are edging closer and closer to the inspectors who make our communities travesty of the civics lesson that spending cliff that our country faces in safer. These are middle class families Americans learned in school. 2 weeks, which this bill does nothing struggling to make ends meet just like I would like to make, Madam Speak- about. everybody else, yet House Republicans er, a parliamentary inquiry. I know that many of us in this body, have routinely used them as a punch- The SPEAKER pro tempore. The gen- myself included, have been tireless ad- ing bag, chipping away at their pay and tleman shall state it. vocates for supporting efforts to lower their benefits. So far, the tab is $103

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.002 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H518 CONGRESSIONAL RECORD — HOUSE February 14, 2013 billion and counting. It is time to say, In 1729, an Irish satirist by the name Again, but for three votes cast in the ‘‘Enough.’’ of Jonathan Swift proposed a novel so- Rules Committee by a 7–4 vote, and but I was pleased to join with Congress- lution to child hunger and general pov- for one solitary objection out of 435 man BERA and 10 of our colleagues in erty in Ireland. He recommended that Members of this House of Representa- cosponsoring the amendment Mr. POLIS Ireland’s poor pull themselves up by tives, we would have divided the ques- referred to this partisan bill that at their own bootstraps by selling their tion and this body would have avoided least would have separated the ques- children as food to the rich. That being dragged into yet another polit- tions of freezing our pay from that of would nourish the rich, earn the poor ical game that continues to jeopardize Federal employees. In fact, three such parents some much-needed cash, and the standing of this body among the amendments were submitted, but each solve the child hunger problem all at American people. was rejected by the Republicans in the once. Some people took him seriously. It’s clear that each of these issues de- Rules Committee, underscoring that Most realized the point that he was serves a separate discussion and a vote. this really is nothing more than an- trying to make. With regard to Federal employee pay, other political potshot at Federal em- Today, the House majority has a let it come through regular order. Let ployees and using us as the subterfuge. somewhat similar kind of modest pro- the committees of jurisdiction debate If anyone’s salary should be frozen as posal, without Mr. Swift’s sense of how the issue is handled, and let it be a result of our Nation’s fiscal paralysis, humor or irony. To ensure that our el- placed within the context of balancing it’s ours; it’s Members of Congress. derly are cared for, let’s cut the pay of our budget and an overall budget solu- That’s why I introduced an alternative those responsible for their health. To tion to the automatic cuts that are far bill, H.R. 636, with Ranking Member make sure our food and drugs are safe, more severe than a Member pay freeze CUMMINGS from the Oversight Com- let’s diminish the benefits of those and may include unpaid furloughs and mittee, to freeze Member salaries for whose job it is to screen for safety and other extreme measures within a cou- the duration of this Congress. Of unintended effects. To find a cure for ple of weeks instead of engaging in course, my Republican colleagues fail cancer, let’s punish the researcher who stale political gamesmanship. to acknowledge that we already voted works daily to save millions of Ameri- Let’s reduce our debt and deficit and to freeze Member salaries through Sep- cans from that disease. To care for our avert the impending sequester. tember of this year, as Mr. POLIS indi- wounded veterans who are sent by this I yield back the balance of my time. cated, so there is no real sense of ur- body to fight in foreign lands, let’s Mr. WOODALL. Madam Speaker, I gency here. make their caretakers find a second rise to claim time in opposition to the Why aren’t we spending this time job. point of order. working on a bipartisan solution to Madam Speaker, my colleagues on The SPEAKER pro tempore. The gen- avert the devastating consequences of the other side of the aisle may justify tleman from Georgia is recognized for sequestration 2 weeks from now? The their vote today by boasting of freezing 10 minutes. $85 billion in across-the-board cuts in their own pay, but that was already ac- Mr. WOODALL. I’d like to say to my defense and domestic spending for the complished in the fiscal cliff legisla- friend that I endorse, Madam Speaker, rest of this fiscal year would slam the tion. The bill before us today will his request to do away with stale polit- freeze, for the third year in a row, brakes on this economy and throw us ical gamesmanship. I would put in the every Federal employee’s pay. It’s an potentially back into recession. stale political gamesmanship category GDP performance in the fourth quar- effort to denigrate our Federal work- making a point of order against an un- force in the hope that the government ter shows that. It declined by one- funded mandate in the bill and then becomes unresponsive, inefficient, and tenth of 1 percent, largely because of failing to make any indication that unworthy of our best and brightest. shrinkage in public sector investments. you actually believe there’s an un- That’s why I urge a strong ‘‘no’’ vote That was led by a 22 percent drop in de- funded mandate in the bill, but simply on H.R. 273. Enough is enough. using this time to talk about an issue fense spending, the largest since the Mr. POLIS. Madam Speaker, why are that we have already litigated in a end of the Vietnam War. My colleagues we debating a bill that had to bypass multihour hearing last night. on the other side of the aisle have regular order to rush to the floor in That said, I know, Madam Speaker, shown almost no interest in addressing February when there’s already a mora- the gentleman’s heart is felt in this this threat, despite the pleadings of the torium on the increase of pay for Mem- issue. I would say to the gentleman Secretary of Defense. bers of Congress, and we should be de- that, while there was only one objec- The SPEAKER pro tempore. The bating spending, eliminating the def- time of the gentleman has expired. icit, the sequestration? tion in this body, I make that objec- Mr. POLIS. I yield 15 seconds to the With 6 legislative days remaining be- tion out of great affection for the gen- gentleman from Virginia. fore that fiscal cliff, here we are in- tleman because, as I read the under- Mr. CONNOLLY. An amendment by stead discussing something with re- lying bill, I see absolutely no way to our colleague, Mr. VAN HOLLEN from gards to Member pay that doesn’t even divide this legislation into the compo- the Budget Committee, to replace se- occur until October, and that which nents that the gentleman would like to questration was also rebuffed by the has been the tradition of this body for debate. Rules Committee just last night on a the last 4 years—not to allow Members The gentleman would like to debate a partisan vote. of Congress a raise—and conflated it Member pay freeze. The gentleman To make matters worse, the House is with a separate issue with regard to would like to debate a Federal em- about to go into recess again tomor- the proper compensation level so that ployee pay freeze. row. In fact, we spent 15 of the 19 weeks our Federal employees and Federal Mr. POLIS. Will the gentleman from July through the lame duck in re- agencies can compete in the market- yield? cess. place with private employers and at- Mr. WOODALL. I yield to the gen- Let’s do something productive for the tract the talent they need to succeed. tleman from Colorado. United States economy. This rule and this bill suffer from the Mr. POLIS. The way to divide them Mr. POLIS. Madam Speaker, I would stench of politicization, and the House is precisely the Bera-Connolly amend- like to make an inquiry as to how should divide these two issues. ment that was brought to our com- much time remains. Madam Speaker, I’d like to ask unan- mittee yesterday. On a functional level The SPEAKER pro tempore. The gen- imous consent to amend the rule to that does divide it. tleman from Colorado has 31⁄4 minutes allow for consideration of amendment Mr. WOODALL. I thank the gen- remaining, and 10 minutes may be 4, the Bera-Connolly amendment, with tleman. In fact, I thought that’s where claimed by an opponent. 10 minutes of debate on each side. the gentleman’s heart lay. Mr. POLIS. I would like to yield 11⁄2 The SPEAKER pro tempore. The ma- As the gentleman knows, the reason minutes to the gentleman from Vir- jority manager would have to yield for the Bera-Connolly amendment is not ginia (Mr. MORAN). that request. on the floor today, among others, is Mr. MORAN. I thank my good friend Mr. POLIS. Excellent. Well, I hope that it is nongermane to this legisla- from Colorado. that no one objects. tion. We cannot subdivide this piece of

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.025 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H519 legislation to include nongermane Mr. WOODALL. Madam Speaker, for phone trying to get results from X, Y components, which, again, I know the the purposes of debate only, I yield the or Z agency, and they kept me on hold gentleman wants to debate those com- customary 30 minutes to the gen- for 31⁄2 hours. What are my dollars pay- ponents. And, Madam Speaker, when tleman from Florida, my friend, Mr. ing for? the House schedules those bills, I look HASTINGS, pending which I yield myself I blame us for that, Madam Speaker. forward to having that debate, too; it’s such time as I may consume. During We owe better to our Federal employ- just not in this bill. consideration of this resolution, all ees than to put them in that cir- One of the great pleasures I’ve had in time yielded is for the purpose of de- cumstance. And gradually, not nearly this body, Madam Speaker, has been bate only. fast enough, but gradually, our Federal being a part of a majority that is GENERAL LEAVE employee system is moving towards bringing bills that are simple to read Mr. WOODALL. I ask unanimous con- recognizing hardworking, successful and simple to understand. This is a sent that all Members may have 5 leg- and dedicated employees through merit front-and-back bill. I happen to have islative days to revise and extend their pay, through merit increases, through mine on two pages because I like to remarks. bonuses and through bumps—ways to flip, but if I had been more conserv- The SPEAKER pro tempore. Is there say, do you know what, service mat- ative with my printer, it would have objection to the request of the gen- ters. Service matters. And a one-size- been a front-and-back page here, tleman from Georgia? fits-all pay scale does not work across Madam Speaker. There was no objection. the Federal system. What we talked about in the Rules Mr. WOODALL. Madam Speaker, I’m very proud, Madam Speaker, I’ve Committee all last night—and it would House Resolution 66, this rule that just been appointed to the Oversight have created more points of order for we’re considering today, will allow for and Government Reform Committee in germaneness issues and others—was debate on the underlying bill, H.R. 273. whose jurisdiction this bill is. I hope adding amendment after amendment This rule that we’re considering we’re going to be able to take up those after amendment that did not affect today is a little bit unusual in that it issues and build on that progress that this language, but instead created not only allows for the underlying res- has been made. But in all the conversa- brand-new debates about brand-new olution, but it also takes care of some tion you’ll hear on this floor—I won’t issues. housekeeping business that we have say ‘‘rhetoric,’’ Madam Speaker, be- b 1350 here on the floor of the House. For ex- cause, again, I know people’s hearts are Again, I associate myself with the ample, all of America, Madam Speaker, in this issue—in all the debate you will comments of my friend from Colorado. has read of the nuclear tests that hap- hear on this House floor, what you will I think the American people are abso- pened in North Korea, and this resolu- not hear is that $1 is being cut from lutely fed up with the way that this tion allows us to consider tomorrow a those merit bonuses. What you will not process works. But what I think bill under suspension of the rules to hear is that $1 is being removed from they’re fed up with are those bills that condemn that activity in North Korea. agencies that have an opportunity to stack a transportation issue beside a It’s very important business that we say, Do you know what, job well done. health care issue beside a Commerce are able to take care of here in the You deserve a bonus. What you will not Department issue beside a military House. We would not be able to take hear is that $1 is being taken that issue beside a child care issue, all of care of it but for this rule. I’m glad we would have gone to recognize perform- these things that are completely unre- considered that here in the rule. ance above and beyond in the service of lated to one another, Madam Speaker. In this underlying bill, Madam our citizenry. In this bill, one issue and one vote. Speaker, we’re continuing what the What you will hear is that in line And the gentleman is absolutely right: President himself continued through with the recommendations of the in a vote in the Rules Committee last March of this year. We’re continuing much-discussed Simpson-Bowles Com- night, Madam Speaker, we decided not through the end of the calendar year a mission, a 3-year freeze on Federal automatic salary increases will be con- to allow this bill to be complicated freeze on the automatic increases in tinued, upheld. It’s been in effect for 2 with nongermane issue after non- Federal employee pay. Again, I brought years and 3 months, and it will con- germane issue after nongermane issue. down a copy of the resolution, that Those measures, these debates can ac- tinue through the end of the year. small, front-and-back bill. Now, so often I hear, Madam Speak- tually come to the floor one item at a So often you see findings in these er, my constituents say, Rob, I just time, but we were not going to allow bills, Madam Speaker, you see findings want to make sure that Congress is that to subsume what is also an impor- about what the Congress believes and abiding by the same rules you ask ev- tant debate, and that’s on the provi- why this bill is coming to the floor. sions that actually are contained in erybody else to abide by. And I promise you, Madam Speaker, if I want to make that clear. That’s H.R. 273. you read this resolution—and, again, what my friend from Colorado was dis- So given, Madam Speaker, that the it’s only a page and a half long, so it gentleman observed no unfunded man- cussing. It’s not actually a provision in will be easy to do—you will not find this bill that’s extra. It’s a function of dates in this bill, because there are no one finding of contempt for Federal unfunded mandates in this bill, I ask law. Members of Congress’ pay will ab- employees. In fact, if you had listened solutely be frozen for just as long—just the Chair to reject the point of order to the hearing in the Rules Committee for there being unfunded mandates in as long. The same rules that apply to last night, what you saw is universal everybody apply to the Vice President, this bill. praise for the hard work that our men Madam Speaker, if I could conclude Mr. Speaker, apply to the executive and women in the civil service are branch, apply to folks back home in by just asking that in order to allow doing for this country. the House to continue its scheduled Georgia, apply across the board to Fed- We have a lot of work that has to be eral employees, and apply to everybody business for the day, I urge the Mem- done. I know it’s a popular sport in bers to vote ‘‘yes’’ on the question of here in this Chamber. some districts to kick Federal employ- We had one of the longest, and I consideration of this resolution. ees. Federal employees, by and large, I yield back the balance of my time. would argue most intensive, hearings The SPEAKER pro tempore. All time work hard, though I’m happy to say of our Rules Committee cycle last for debate has expired. you can distinguish, for example, the night, Mr. Speaker, where we explored The question is, Will the House now love and affection that so many of our this bill line by line, detail by detail. I consider the resolution? constituencies have for our men and was pleased to be part of that debate. The question of consideration was de- women in uniform. You see those pay- I’m glad we had an opportunity, really, cided in the affirmative. raise bills move through very quickly, for unlimited time in which to do that. A motion to reconsider was laid on versus a little suspicion that you have But I believe we crafted a good rule, the table. from time to time from folks who say, Mr. Speaker, that will allow for thor- The SPEAKER pro tempore. The gen- well, golly, I was just down at XYZ ough debate of this underlying bill. tleman from Georgia is recognized for 1 Federal office, and I didn’t get great Again, I would remind you, Mr. hour. service. Golly, Rob, I was on the tele- Speaker, and all Members, this bill,

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.027 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H520 CONGRESSIONAL RECORD — HOUSE February 14, 2013 posted on the House Rules Committee As the President put it in his State workers now than at any time during Web site, front and back of a sheet of of the Union address: ‘‘Arbitrary def- President Reagan’s administration. paper, is simple and direct for everyone icit reduction is not an economic Something has got to give. in this House to be able to read and ev- plan.’’ I reserve the balance of my time. eryone back home to be able to read so Deficit reduction is a means to an Mr. WOODALL. Mr. Speaker, I yield that we can have a thorough debate on end, not an end in and of itself. It is myself 90 seconds to say to my friend, this bill this afternoon. just one tool that will help us get our I always appreciate the eloquence of With that, Mr. Speaker, I reserve the country back on the right track. You his words. My only saving grace, Mr. balance of my time. can’t build a house with just a saw. Speaker, is that the facts are on my Mr. HASTINGS of Florida. Mr. Deficit reduction needs to be part of a side. If the world was as the gentleman Speaker, I thank my good friend, the comprehensive economic plan, one that from Florida had described it, I’d prob- gentleman from Georgia, for yielding will stimulate growth and create jobs. ably be where the gentleman from the customary 30 minutes to me. I rise A serious economic plan is one that Florida is in terms of position. That’s obviously in opposition to the rule for does not take potshots at our economy not the case. consideration of H.R. 273, to eliminate and our Nation’s full faith and credit Every dollar we spend in this town, the 2013 statutory pay adjustment for for political purposes. We must, in this Mr. Speaker, has consequences. The $11 Federal employees. people’s House, move beyond politics billion that we’re talking about in this I just heard my colleague from Geor- and work to avoid a dangerous back- bill is not money that’s being cut from gia say that this is a good rule; but I’ve slide in our Nation’s economic recov- the Federal budget; it’s money that’s also heard him say what I agree with ery. not being given as an automatic in- very frequently, and that is that this For the life of me, I can’t even begin flater to every Federal salary in the body should proceed toward regular to understand why House Republicans land. Instead, it remains available to order, allow the committee process to continue to pick on Federal employees. those agencies to perform the services go forward in a meaningful way, to It’s as if the people that keep the Cap- that they were created to perform. Let me just be clear, Mr. Speaker. have hearings, and to let the will of the itol clean, the police officers that keep That means for every dollar that is not body be worked here in the people’s us safe, the countless people that work going into a clerk’s pocket at the Vet- House. I’ve also heard him talk about right here on this Capitol complex do erans Affairs Administration, that’s a not deserve this paltry raise and are to closed rules; and it’s for that reason dollar that’s going to go to implement that I believe that this process is not a be picked on. My AFGE friends were saying to me Veterans Affairs services. For every good process because it is a closed rule, dollar that’s not going to be an auto- and this couldn’t, in that sense, be last night that Federal employees have already contributed $103 billion to- matic pay increase in my hometown at good. There were no hearings. the CDC, it is going to go for critical wards deficit reduction. Furthermore, He talks about this one week, one research and infrastructure there to Federal employees and retirees have bill. Why this week for Federal em- perform the very important role the contributed $15 billion in savings over ployees? Last night, I talked with six CDC was created to perform. members of the American Federation 10 years through an increased pension We have to make choices, Mr. Speak- of Government Employees, some of contribution. A 2-year Federal pay er. Google ‘‘Greece and pay cuts.’’ them older, some of them younger, and freeze has been in effect since 2011 and Google ‘‘Greece and pension cuts.’’ In all of them agonizing, as are Federal will produce an additional $60 billion in fact, don’t just use Google. Use Yahoo. employees around the country. savings. The reduction and delay of a Use Bing. Use anything you’d like, Mr. 2013 pay increase included in the cur- b 1400 Speaker. You will see where we are rent continuing resolution will yield headed. Let me get to the point. The Repub- $28 billion in savings. When you refuse to make the tough licans have decided that they want to At what point does enough, as my decisions that my friends are refusing continue in the same shortsighted and friend from Virginia said, become to make with respect to the Federal counterproductive campaign against enough? What’s more and puzzles me— budget, you know where those cuts are Federal employees that we saw in the and I asked the question of the scriv- going to fall. last Congress. When they introduced ener of this bill last evening—is: Why With that, Mr. Speaker, I’d like to this very same bill in the 112th Con- aren’t Federal contractors, who make yield 5 minutes to one of our very dis- gress, it passed the House and then twice as much as Federal employees, tinguished freshman Members, the gen- went nowhere and accomplished abso- included in this pay freeze? He gave me tleman from Texas (Mr. WILLIAMS). lutely nothing. I’m quite certain—and some political fogging. I don’t know Mr. WILLIAMS. Mr. Speaker, I stand I’ll bet—that it will face the same fate what it was and don’t care to even here in support of H.R. 273, a common- this time around. bother to try to remember. sense bill to overturn President Just last week, the Rules Committee During the debate over the fiscal Obama’s recent executive order that considered H.R. 444, the Require a cliff, Republicans said that we authorizes a .5 percent pay raise for PLAN Act, which should have been shouldn’t ask corporations and the Federal workers. called the ‘‘Republicans Have No Plan wealthiest in our society to pay their With the looming threat of seques- Act.’’ Instead of offering real solutions fair share. The reason that was put— tration just weeks away, Federal agen- to the challenges facing our Nation, this is a while back during the debate cies should be focused on how to do my Republican colleagues continue to on the fiscal cliff—was that if we tax more with less, like every other busi- introduce do-nothing legislation that the wealthy, they won’t work as hard if ness does in America and every other will do nothing to help the American they’re taking home less money. What family does in America. But the Presi- people. about Federal employees? Why is it dent’s order would cost taxpayers more Obviously, all of us know that we that that logic does not apply here? than $10 billion over 10 years. face $85 billion in sequestration cuts in It’s incomprehensible that we find our- Here are the facts: in the last decade, a matter of weeks. These cuts were in- selves in this position. the average Federal civilian salary has tended to be a fail-safe. They were sup- Mr. Speaker, if the Federal Govern- increased by 62 percent. When you fac- posed to be so unpalatable, so horrible ment is not paying realistic salaries, tor in benefits and total compensation for everyone, that Congress would then we can’t expect to be able to pro- packages for Federal employees, it tops never allow them to go into effect. Yet, vide for people to allow for themselves $126,000, compared to less than $63,000 instead of making sure that these mas- and their families to have a decent liv- in the private sector. I haven’t heard sive cuts don’t threaten the progress ing. the other side say anything about that. that we’ve made, my friends on the Mr. Speaker, the fact of the matter is I’m a business owner. I have been in other side would rather play politics at that the Federal workforce is smaller business for 41 years. I still own a busi- the expense of the middle class and the now than it was in 1988, a historic low ness, and I hope to stay in business. working poor, underscoring the work- compared to the size of the national When I pay pay raises to my employ- ing poor. population. There are fewer Federal ees, it’s because of their loyalty and

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.029 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H521 hard work, not simply because they’re across-the-board cuts go into play. And when he controlled this Congress for 2 on payroll. guess what? We’re going to lose at years with the President of the United My constituents in the 25th District least 750,000 jobs. That’s not my esti- States, also of his party, added to this of Texas are fed up with a government mate. That’s what the head of OMB working family’s burden. that spends, borrows, and grows too says. There will be 750,000 Americans Now, when you come to the House much. Let’s protect hard-earned tax- unemployed because of their inaction. floor and profess your affection for the payer dollars and pass this common- Guess what? What are these people working people in my district and sense solution, H.R. 273. going to do? They’re going to have to when you express that affection by en- Mr. HASTINGS of Florida. Mr. look for employment. They’re going to suring that, this year, one-half percent Speaker, I would advise the gentleman be without work. It’s going to slow of their pay is going to go up, you’re that I was a businessperson, too, and down our economic growth. Give me a adding $10,000 for that worker, $10,000 there is a distinction between private break. There should be some urgency for that worker’s wife, $10,000 for that businesses and civil servants of the here. worker’s oldest child, middle child and Federal Government. My Republican friends, instead of youngest child—for a family of five in I’m pleased at this time to yield 3 bringing this to the floor, you ought to my district. The gentleman added minutes to the distinguished gen- be finding ways to avoid this fiscal se- $50,000 in debt and deficit that has to tleman on the Rules Committee and questration cliff that we’re about to go be repaid. my good friend from Massachusetts over. Now, I know the gentleman was using (Mr. MCGOVERN). When my friends talk about the def- his heart when he passed those pro- icit and the debt, they don’t talk about grams that did this. I don’t question b 1410 unpaid-for war costs, and they don’t the gentleman’s motivation at all. Mr. MCGOVERN. I thank the gen- talk about all the money that they What I do is take offense that the gen- tleman for yielding to me. don’t pay for that’s sent over to Bagh- tleman questions my motivation in First of all, Mr. Speaker, let me urge dad and Kabul. Instead, we have fights shifting $2,000 from workers’ salaries my colleagues, Democrats and Repub- on the floor of whether or not to pro- into programs—programs for veterans, licans alike, to vote against this closed vide emergency hurricane relief aid to programs for research, programs for rule. This is a closed rule by which the the victims of Hurricane Sandy in our health—and that he questions my com- entire process has been shut down. The own country. Only about 48 of my Re- mitment to working class people when, committees of jurisdiction held no publican friends voted for that. I mean, while he did this, he voted ‘‘yes’’ after hearings. There was no markup. It that’s where their priorities are. We ‘‘yes’’ after ‘‘yes’’ with no remorse came to the Rules Committee. What should be trying to put the American whatsoever. I’d be happy to yield to my friend, did the Rules Committee do? They shut people first. the gentleman from Massachusetts. it down. They shut out all possibilities The SPEAKER pro tempore (Mr. POE Mr. MCGOVERN. What I take offense for Democrats or Republicans to offer of Texas). The time of the gentleman at is the gentleman’s party is about to amendments. My friend from Georgia has expired. lay off 750,000 workers in this country. is proud to defend this closed, iron fist Mr. HASTINGS of Florida. I yield the For the life of me, I don’t know how policy, but I think it’s wrong, espe- gentleman an additional 30 seconds. that helps our economy. That’s what I cially on a bill like this, number one. Mr. MCGOVERN. What we should be Number two, this is a rotten thing to talking about on this floor is jobs— take offense at. We should be talking do to Federal employees. It really is. I jobs, jobs, jobs. That is how we get this about avoiding sequestration. Instead, mean, these are hardworking men and economy going again. That is how we my friends on the other side of the women. These are people who work at reduce our deficit. That is how we re- aisle are talking about how to lay off NIH, who try to find cures for diseases duce our debt. Instead, you’re pun- more American workers. That’s what I that, by the way, will not only improve ishing American workers. This is take offense at. Mr. WOODALL. In reclaiming my the quality of life for our people but shameful. We should be spending our time, I welcome my friend to the se- will save money. This is about denying time doing something that will actu- questration debate, the one that we a pay increase to DEA agents on the ally benefit this economy and this eco- tried to have last May with absolutely borders and to the CIA agents who nomic recovery. This is not it. tracked down Osama bin Laden. This is no assistance whatsoever. I urge my colleagues to vote ‘‘no’’ on Here we are at midnight on seques- a rotten, rotten thing to do. And for this closed rule and to vote ‘‘no’’ on tration day, saying, Hey, let’s do it. what? To score some cheap political the underlying bill, and I urge the lead- Folks, let’s do it. Let’s do it. Back in points. ership to get serious about avoiding se- May, we passed a bill here. Let’s do it I’m a little confused. My friend from questration. It is not good for our with the bill we passed in August to Georgia says it’s really not a cut, that country. solve the fiscal cliff. Let’s do it with we’re not reducing the deficit at all. Mr. WOODALL. I yield myself 4 min- the one we passed in September. Let’s The gentleman from Texas said we utes to talk about cheap political do it with the one we passed in Decem- need to save the American taxpayers stunts because I see a few cheap polit- ber. money. The bottom line is that this is ical stunts down here from time to There is not a person in this body I a cheap political stunt. The victims time. I don’t want to characterize any- don’t want to work with to solve these here are working people, and none of us body’s behavior in that way as I don’t problems—there is not one—but when should be surprised, because this is the think that’s appropriate, but what I we do it here at the eleventh hour and Republican kind of signature issue: go would say is, if we go to the very top of say, Golly, I wish folks had gotten seri- after working people. Do you want to the GS scale and take a good senior ous about it earlier. Mr. Speaker, we’ve find ways to balance the budget? Pun- person, like a GS–14 who is making been trying to get serious about it for ish working people. Do you want to $84,000 a year, this one-half percent pay 18 months. When the President passed find this or that? Go after working peo- increase that the President did by ex- the law of the land and signed this se- ple. Enough. Enough of this war ecutive order and that we’re saying questration into law after the Joint Se- against working families in this coun- won’t go into effect until next year is lect Committee failed, the question try. going to give that one working person, isn’t why are we having to plan for se- Mr. Speaker, what is also really frus- that income earner for that family, questration today; the question is why trating is that here we are debating a $2,000 for that family to use over the wasn’t the administration planning for bill that’s really going nowhere, that’s next year. it 13 months ago, when we knew the about a press release. The Republicans Mr. MCGOVERN. Will the gentleman law of the land was going to put it into are going to go on vacation tomorrow. yield for 10 seconds? effect come March 1, 2013? We’re not going to be back for a week, Mr. WOODALL. I will yield to the With that, Mr. Speaker, I reserve the and then we’ll have 4 legislative days gentleman to answer this question: The balance of my time. left to deal with this thing called ‘‘se- gentleman sees here $10,793. That’s the Mr. HASTINGS of Florida. Mr. questration.’’ On March 1, all of these additional burden that the gentleman, Speaker, before yielding, I would ask

VerDate Mar 15 2010 00:28 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.031 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H522 CONGRESSIONAL RECORD — HOUSE February 14, 2013 my good friend from Georgia a ques- b 1420 spending. And as a result, because of tion: If we are leaving here, as I sus- I urge the CEOs of America who are the layoff of employees, our economy pect we will tomorrow for a week, why very worried, and they’ve said so for experienced an unexpected economic don’t we just stay here and get this months and months, that they’re con- contraction in the final quarter of 2012, done rather than go on vacation or cerned desperately about the prospect which we should pay heed to. waycation or whatever we do? of sequestration, to talk to their Mem- Sequestration would compound our Mr. WOODALL. Will the gentleman bers here and get them to change their economic troubles even further. George yield? mind, if they can. Mason University says sequestration Mr. HASTINGS of Florida. I yield to This is really dire. We’re not kidding would cause 2.14 million American em- the gentleman from Georgia. around here. This is serious business. ployees to lose their jobs. Meanwhile, Mr. WOODALL. I actually asked that We are literally facing a fiscal cliff. important Federal programs would be question—or a version of it—of the dis- But the solution we’ve made to this, as crippled because of irresponsible cuts. I tinguished gentleman from Maryland, you all know, a manmade crisis here, need to mention a few of them again. the minority whip, last night. they take a swing at their favorite FAA, which makes flying safer, they Mr. HASTINGS of Florida. He doesn’t punching bag and hold hostage again would experience a great cutback. The control the House, Mr. WOODALL. the people who make their living serv- people who guard the border, who do Mr. WOODALL. If the gentleman ing all of us. drug interdiction, who keep our border would continue to yield. Last night was the first time I really Mr. HASTINGS of Florida. I continue safe and strong, they would have a se- heard that what we’re doing, we’re not vere cutback. Sequestration would to yield. going to save anything. Now, bear in Mr. WOODALL. I asked, What would mean that vital research would be mind that the Federal employees have it have taken to get that Joint Select slowed. And as a scientist, let me as- already given in salary give-backs over sure you that research cannot be Committee to succeed? Because that’s $100 billion over the next 10 years. That why we’re here in sequestration; that’s turned off and on like a faucet. It is should be enough sacrifice from them, necessary for us to maintain that re- why we’re dealing with these things. but no, we’re going to go for more. But He said he did not know what more we search with dollars because, as it’s we’re not going to use it to reduce the been pointed out before, we want to could have done to find agreement deficit, it is going to be made available then. keep our population healthy. to agencies. The SPEAKER pro tempore. The So I say to the gentleman that those Well, there’s a lot of ‘‘Alice in Won- time of the gentlewoman has expired. same challenges the minority whip ob- derland’’ sort of sense in Congress Mr. HASTINGS of Florida. I yield an served last night that were preventing these days. Alice, one of the things additional 1 minute to the gentlelady. agreement then are those same chal- that I liked about her the most, and Ms. SLAUGHTER. How important lenges that are preventing us, whether she’s a very strange little girl, but she that is for us, not only for our eco- we work until midnight tonight or not, said that she practiced as hard as she nomic well-being, but for the well- from solving them today, though I could to try to believe six impossible being of our citizens. would be happy to stay with the gen- things before breakfast. And I’m trying This is a foolish thing that we’re tleman just as long as there is work to to put this in that same category, and doing here today, and I can’t imagine be done here in this House. it simply is impossible for me to be- anybody in the Senate would even con- I thank the gentleman for yielding. lieve that we gain anything in the template bringing it up. So all of this Mr. HASTINGS of Florida. In re- world by taking away the salary and is simply a waste of time, as we do here claiming my time, one thing is abso- income of hardworking government so many times. lutely certain: the majority whip con- employees to put back in Federal agen- I urge my colleagues on both sides, trols the floor, and the Speaker con- cies. Frankly, if any of you can really vote ‘‘no’’ and please give us a chance trols the House, and if they chose for understand that, I’d appreciate it if to let Mr. VAN HOLLEN bring his bill to us to stay here, we could stay here. you’d let me know. With that, I am pleased to yield 5 We had a chance—in the last 2 weeks, the floor—or some bill from the Repub- minutes to my very good friend, the we’ve had two chances—to do away lican side. I don’t care where it comes distinguished gentlewoman from New with the sequester in a commonsense from. We have to stop sequestration. York, who is my ranking member on way and also to cut the deficit with a CONGRESS OF THE UNITED STATES, the Rules Committee, Ms. SLAUGHTER. sensible solution. Mr. VAN HOLLEN, who Washington, DC. Ms. SLAUGHTER. I thank my col- is the ranking member of the Budget VOTE NOONH.R. 273 league from the Rules Committee. Committee and deserves our respect, DEAR REPUBLICAN COLLEAGUE: Next week, Mr. Speaker and everyone who is lis- was not allowed to do anything. the House is scheduled to consider H.R. 273. tening, you know by now and what As you pointed out, and I also heard I urge you to vote no on this legislation. Let’s be honest: this bill is nothing more you’ve heard by now is they want se- Mr. MCGOVERN say so, the Rules Com- questration. The local papers and the than a political stunt that targets the hard- mittee now runs the House. There’s no working, dedicated men and women of the ones that we’ve printed on Capitol Hill committee action on any of these bills. today all say they want sequestration. civil service, who have already had their sal- No chance for Republicans and Demo- aries frozen for more than two years. Every- The excuse they’re giving is they’re crats in the committee setup, which one knows they are an easy target. But we going to wait and see what the Senate the Founding Fathers did, and which are kidding ourselves if we think we can bal- will do, that we’re not going to take we followed for generations and hun- ance the budget on the backs of federal em- any action here, that we’re just going dreds of years here, no possibility for ployees. It’s a drop in the bucket towards to be bystanders until we find out they them to discuss it. It simply is brought deficit reduction and a hollow gesture absent want sequestration. to Rules. meaningful mandatory spending reforms. Worse, this is just busywork as our economy Over 700,000 workers are going to lose Now, Mr. VAN HOLLEN, his sensible faces the sequestration meat ax. their jobs. A lot of economists tell us solution here, which really does make that this could be worse than the Great I believe that the federal government must sense, was simply not allowed to be put be able to recruit and retain qualified indi- Depression, but they’re willing to do it. on the floor so that we could discuss it viduals in order to deliver government serv- They’re willing to do it because they and give people a vote. A bipartisan ices in an efficient manner. And about half of want to fight this President. I think group of the Members of the House all federal employees make less than $60,000 that means a whole lot more to them don’t want this bill passed. I’m going a year. These are individuals who haven’t than doing their job here as elected to put a letter in from one of the most had a pay raise in more than two years. And Members of Congress. As we’ve heard thoughtful Members and a friend, Rep- now we’re talking about freezing their pay for a full third year. The president’s pro- before, we only have 6 legislative days resentative WOLF from Virginia, about left. When we come back from a week’s posed .5 percent adjustment is cheap grace what he thinks this is about. He calls ($225, since a quarter of it has already been vacation, we will have these cuts that this a cheap political trick, and I think frozen) and won’t bring civil service pay will have this devastating impact on that pretty well sums it up. close to the private sector, but it will at our economy and on the well-being of Now, already cuts totaling $1.5 tril- least attempt to tell these employees that every American citizen. lion have been made to discretionary they are valued.

VerDate Mar 15 2010 04:19 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.033 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H523 And just who are these federal employees? Mr. WITTMAN. Mr. Speaker, today I that amendment had passed, only They are the people you call when you need rise in opposition to this bill. I’m proud Members of Congress would be affected help, and 85 percent of them live outside of to represent thousands of hardworking by this bill. the Washington, D.C. metro area. Federal civilian employees who self- Unfortunately, the Rules Committee They are the CIA agents who planned the reported a closed rule and will not raid to kill Osama bin Laden. They work lessly serve this Nation on a daily side-by-side with our military. Those agents basis. They fight crime for the FBI, allow an up-or-down vote on any depicted in Zero Dark Thirty? They haven’t root out terrorism with the CIA, and amendments. They would not allow us had a pay raise in more than two years. provide vital support to members of to vote up or down on this. Failure to They are the FBI agents you call when our military. They’re scientists, air allow an up-or-down vote does not your child has been kidnapped. Those agents traffic controllers, and engineers, pur- allow Congress to take a clean vote on who rescued the 5-year-old kidnapped and suing excellence each day to cure dis- a cost-of-living adjustment for Federal held hostage in a bunker in Alabama? They employees. haven’t had a pay raise in over two years. ease, protect our travelers, and shore up our infrastructure. They’re doctors Congress needs to start working to- They are the Customs and Border Patrol gether in a bipartisan manner and and DEA Agents who are working to stop il- and nurses at VA hospitals, ensuring legal immigrants and human traffickers and that our veterans get the highest cal- start addressing issues like sequestra- drug runners. The border patrol agents who iber care in return for their service to tion and the budget. We need to start worked side-by-side with slain Border Patrol this Nation. They’re Border Patrol making strategic budget decisions, not Agent Brian Terry haven’t had a pay raise in agents protecting our homeland from across-the-board cuts. That is not how over two years. those who wish to do us harm. But you make decisions. We need to elimi- They are the nurses and doctors at the VA nate and reduce those programs that who care for our veterans and wounded war- above all, they are patriots, selfless, committed citizens who believe in serv- are no longer effective and begin to riors—they haven’t had a pay raise in more bring our budget under control. And if than two years. I know I’m not alone in ing their Nation. wanting the best doctors and nurses to care This Congress charges these hard- we cannot act responsibly and find a for our veterans. working Americans with their duties, way to achieve this balance, then we They are the foreign service officers who and this Congress asks them to per- don’t deserve a pay raise as Members of represent our government at embassies in form these duties to the very best of Congress. Libya, Israel, Russia and beyond. The FSO’s their abilities. It is only appropriate who worked side-by-side with slain Informa- b 1430 tion Management Office Sean Smith in then that their service be recognized This amendment, the amendment I Benghazi haven’t had a pay raise in more and applauded rather than consistently proposed, would have reiterated that. than two years. used as a tool in the game of politics. Not allowing a clean vote is just They are the FDA inspectors who trace E. To be clear, I do not think that Mem- wrong. We should not balance the Fed- coli outbreaks to ensure that our food is safe bers of Congress should receive a pay eral budget on the backs of our Federal to eat. They are the NIH researchers work- increase, and I have continually sup- ing to find a cure for breast cancer, and pros- employees. My amendment would have ported efforts to reduce our pay and allowed us to take that vote. tate cancer, and Alzheimer’s and Autism. cut our legislative budgets. But this They are the defense civilian riggers and Sacramento County, my home coun- machinists and refuelers and engineers re- bill is not about Members of Congress, ty, has over 26,000 Federal employees. pairing sophisticated electronic weaponry it is about our Federal civilian work- These are hardworking citizens in the systems at Army depots and Air Force bases force, which has already been under a Defense Department. Many of them are and shipyards who support our military per- pay freeze for the last 2 years. This leg- veterans who have served our country sonnel; islation would continue that pay freeze admirably, and there are other dedi- They are the firefighters you call when a throughout the end of this year. cated public servants keeping our lighting strike sets a national forest on fire For these dedicated citizens, life is country safe. We should not ask them and homes and business are in danger. And about public service and commit- they are the park service rangers who ensure to make the sacrifice without asking that your constituents can safely hike and ment—commitment to the people of ourselves to make that sacrifice first. camp in our national parks and tour our bat- this Nation and to the ideals and Now is the time we’ve got to set tlefields. dreams set forth by our Founding Fa- aside this partisanship and start work- They are the scientists working at the thers. ing together to serve our country. DOE labs. They are the meteorologist at So today, I ask my colleagues: Do However, achieving fiscal balance on weather service storm centers tracking hur- you want an efficient, responsible, and the backs of our hardworking Federal ricanes, tornadoes, tsunamis and blizzards. safe United States of America? Do you employees is not a solution. They are the NASA astronauts, engineers plan to ask any less of our Federal and scientists. I urge my colleagues to vote against Over the last Congress, unlike other workforce? this rule. Protect our hardworking and groups, federal employees contributed more It seems to me that we are only ask- responsible Federal employees, and than $103 billion to deficit reduction—no ing them to do more for this Nation work in a bipartisan manner to pass a other group was asked to sacrifice more. I with less without standing by them in responsible budget. know that these patriotic Americans are these challenging times. We must stop Mr. WOODALL. Mr. Speaker, I yield willing to do more, but they rightly expect continually targeting our Federal em- myself 2 minutes. And I want to say of all of us to fully join this effort. A vote for ployees, and I urge a ‘‘no’’ vote on H.R. my friend from California, he gave a the bill next week isn’t a vote just to cut a 273. very thoughtful presentation in the program, but it’s a targeted vote to specifi- Mr. HASTINGS of Florida. Mr. cally freeze an individual’s pay from a mar- Rules Committee last night. And as my ginal increase—a personal affront to the em- Speaker, would you be kind enough to colleague from Florida suggested, I am ployee and their entire family, including tell both of us how much time remains. a big fan of open rules. It’s early in the their spouses and children, and the retired The SPEAKER pro tempore. The gen- process. It’s always harder to go parents who care about their children. tleman from Florida has 13 minutes. through regular order until the com- I get it—this vote polls well with certain The gentleman from Georgia has 161⁄2 mittees have spun up. groups. But we were elected to represent our minutes. But I would just say to my freshman constituents. Let’s pass bills that actually Mr. HASTINGS of Florida. Mr. friend from California that even if we reduce the drivers of our nation’s debt and Speaker, I’m very pleased at this time deficit. This is cheap grace. Vote no. had made an open rule controlling for Please don’t hesitate to contact me or to yield 2 minutes to the gentleman this bill, the gentleman’s amendment Mira Lezell on my staff at 5–5136 if you have from California (Mr. BERA), a new, very still would not have been made in any questions. thoughtful Member of the House of order. It would have been ruled by the Sincerely, Representatives. Parliamentarian as out of order, as FRANK WOLF, Mr. BERA. Mr. Speaker, I rise today being nongermane to the underlying Member of Congress. to speak against the closed rule. Yes- bill. Mr. WOODALL. Mr. Speaker, at this terday I introduced an amendment Mr. HASTINGS of Florida. Will my time it is my great pleasure to yield 2 that would have separated the pay colleague yield? minutes to a good friend here, Mr. raise for Members of Congress from the Mr. WOODALL. I yield to the gen- WITTMAN. remainder of Federal employees. If tleman from Florida.

VerDate Mar 15 2010 01:25 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.008 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H524 CONGRESSIONAL RECORD — HOUSE February 14, 2013 Mr. HASTINGS of Florida. But we Employees from FEMA, the Army gle mom, child, son, 6 years old, hasn’t have the power in the Rules Committee Corps of Engineers, HUD, and many gotten a raise in 2 years, makes $11 an to waive that germaneness, and we other agencies were on the ground im- hour. could have done that and allowed Mr. mediately. Average median Federal wage, BERA’s measure to go forward. I thank How dare you ask this pejorative $74,000. my colleague for yielding. question about, well, what if we took What I show you here is a chart from Mr. WOODALL. I appreciate my the dollar from the clerk and then pro- the CBO, the same organization that friend’s comment. He’s absolutely vided it to our Armed Forces? sites the job loss figures that you’ve right. What kind of negotiation is that? quoted here earlier, that compares the So my advice to my new freshman What kind of bartering are we doing? work of folks with high school degrees, colleague from California would be, in And we’re doing the same thing with with a little bit of college, with col- this case, it’s not an open rule that he’s our own staffs, the very people that are lege, in the private sector, the salaries after; it’s his colleagues on the Rules sitting alongside us and behind us, and the benefits in the private sector Committee working their Rules Com- which is not germane to this legisla- with that of the public sector. mittee magic to waive the rules. It tion, but we’re doing the same thing. Now, I say to the gentleman, in no would have actually taken a waiver of They haven’t had a raise in 2 years. way, Mr. Speaker, do I want to mini- the House rules to allow the gentle- Oh, wonderful, we’re saving the coun- mize the tremendous responsibility man’s amendment to come. try because we’re doing that. These are placed on our Federal civilian workers. But he made a very passionate case human beings too. They’re not chattel. Again, I have chosen a career of public last night, Mr. Speaker, and I know his They’re not numbers. service, as have they, and I admire heart is in this issue. The SPEAKER pro tempore. The them for it. I know it’s at great sac- Mr. Speaker, I want to be clear about time of the gentleman has expired. rifice to themselves and their families. what this bill is and what this bill Mr. HASTINGS of Florida. I yield the Mr. PASCRELL. Will the gentleman isn’t. And what it isn’t is a pay freeze gentleman an additional 1 minute. yield? for Federal employees, and, in fact, Mr. PASCRELL. They’re not stick Mr. WOODALL. After this one sen- what has been the law of the land for figures. They walk the streets, navi- tence, and that is, in this tough time, the last 2 years has not been a pay gating through flooding, debris, until we can get our handle on the debt freeze. downed power lines, these Army Corps, and the deficit, my constituents con- All of the increases that come with these FEMA folks, in order to assess tinue to look at how their tax dollars longevity have been taking place. All damages and reach out to the victims. appear to be paying salaries and bene- of the increases that come with pro- They’re not nameless. They’re not fits higher to Federal employees than motions have been taking place. All of faceless bureaucrats. These are heroes what my folks are getting back home. the increases that come with meri- who continue to contribute each and I hope the CBO will produce a dif- torious pay and bonuses and all of every day to our ongoing rebuilding. ferent report that shows a different re- those activities have still been going And darn it, we allowed this to hap- sult; but until it does, I wish my on. pen 5 or 6 years ago when we laid off friends wouldn’t categorize what’s What this is, however, is a 9-month thousands and thousands of police offi- going on here as some sort of hateful suspension of the automatic, across- cers and firefighters and teachers and act, disrespectful act towards Federal the-board .5 percent increase that the we called it saving the country. employees and could recognize it as a President directed by executive order Federal workers are also law enforce- balancing of salaries and benefits that in December. That is all this bill is, ment officers and firefighters who put our own Congressional Budget Office and that’s all this bill will be under their lives on the line for us every day. has suggested is actually an inequity this rule. They work for the Defense Depart- that exists today. With that, I reserve the balance of ment. They protect us in our times of With that, I would be happy to yield my time. need, and we need to be there for them. to my friend, the gentleman from New Mr. HASTINGS of Florida. Mr. They’ve done and continue to do Jersey. Speaker, I’m very pleased to yield 2 their part. I am tired of us using Fed- 1440 minutes to the gentleman from New eral, State, local, county employees as b Jersey (Mr. PASCRELL), my good friend, the scapegoats for our ineptness. Mr. PASCRELL. I wouldn’t use the the former mayor of his city. Maybe it’s the politically correct thing two words that you used. I would use Mr. PASCRELL. Mr. Speaker, we to do to capitulate and join the forces the word ‘‘demeaning.’’ We have de- need a balanced approach to reducing and cut everybody. That’s what we meaned our staff, which is not included our deficit which makes responsible should do? I don’t think so. in this, I understand that. But you cuts while also raising revenue. This I will debate you anytime on the Fed- want to know something? Those unem- bill is not the way to do it. eral workers. ployment figures for the last 6 years I have great respect for the gentle- Mr. WOODALL. Mr. Speaker, I yield would be so different if we hadn’t laid man’s intellect, but this is one of the myself 3 minutes to say to the gen- off those very same Federal employees dumbest bills I’ve ever seen come to tleman—he heard it from the gen- whom you are now deciding to take a this floor. tleman from Virginia on my side of the half a percent away from them at this Let’s take a look at it, Mr. Speaker. aisle—the respect for Federal employ- particular time. And for some crazy I rise in strong opposition to this rule ees and the job that they do is not a idea that you’ll give the money to the and the underlying bill. question that’s being debated here agency to do with it what it wishes, I As part of the fiscal cliff deal, we today. don’t think you meant that, really. I promised Federal employees that they The admiration that I have for the don’t think you meant that at all. would see their first pay raise in over 2 folks at the CDC, in my neck of the Mr. WOODALL. I reserve the balance years on March 27. This is a modest woods, the support that, led by the of my time. pay adjustment, half a percent. When Speaker of the House from my State, Mr. HASTINGS of Florida. Mr. you say $10 billion, you’re talking Speaker Gingrich, to double the NIH Speaker, I am very pleased at this time about $1 billion a year. budget, and then double it again. The to yield 2 minutes to my friend, the Now, a little more than a month be- kind of work that goes on here is un- distinguished gentlewoman from Texas fore the increase takes effect, the bill disputed. (Ms. JACKSON LEE). before us today would break that prom- But I want to show you, Mr. Speaker, (Ms. JACKSON LEE asked and was ise. Do you think, America, that this is what my constituents also see in their given permission to revise and extend going to solve the fiscal problems that tough times, because it’s not just the her remarks.) the Congress and President created? clerk at the VA that hasn’t gotten a Ms. JACKSON LEE. I thank my dear My home State of New Jersey suf- raise in 2 years. friend from Florida for the leadership fered devastating damage from Sandy I was talking with a friend of mine on the issue, the number of Members this past fall, as did a few other States. who’s a clerk at a furniture store, sin- who have already spoken, and my good

VerDate Mar 15 2010 01:25 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.036 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H525 friend on the Rules Committee who is forests, on the border, in hospitals, Americans, or the disabled. Our problems can the manager of this particular rule dealing with drug cartels. be solved by putting forth legislation that will and, in essence, bringing this bill to I can assure you, Mr. Speaker, that put hardworking Americans back to work, ad- the floor of the House, and that is what this is not what we should be doing vance training for high skilled and high wage you hear the discourse about. Many today. This is unfair to our Federal jobs. By putting forth legislation that inspirers times this discourse, this debate be- workers, and I won’t stand for it. innovation, and through addressing the long comes confusing because we are trying Vote against the rule and the bill. term needs of all Americans rather than a few. to compare apples and oranges. And so Mr. Speaker, I rise to explain my amend- Most federal employees are not living the let me first own up to the fact that a ment #5 to H.R. 273, ‘‘to eliminate the 2013 lifestyles of the rich and famous. The majority congressional pay freeze is already in statutory pay adjustment for federal employ- of Federal employees are middle class Ameri- place. Our salaries have been frozen. ees and to reject this frontal assault on federal cans. Over 60 percent of all federal employ- When it expires, we’ll rise to the occa- employees.’’ ees make less than $75,000 a year. sion and freeze it again. We’re elected My amendment would have struck the entire According to the Federal Salary Council by the people, and those decisions can text of this bill. Why? Because the premise un- (FSC) annual report federal employees are be made on behalf of the people. derlying the bill, to freeze federal salaries, is paid 34.6 percent less in salary than their pri- We’re not talking about congres- flawed. vate—sector counterparts. sional salaries today. They’re in place. And let me be clear: this bill does not add There are those who have cited a study by They exist. What we’re talking about is a dime to deficit reduction efforts. Yet my the Congressional Budget Office which found the ICE officer that I’m meeting with friends on the other side insist on this game that federal workers on average earned slight- in the Rayburn Room who works every- of charades, pretending to be concerned with ly more than private-sector workers; however, day to protect this country and has deficit reduction, but the folly of it all is that it’s that study did not take into account the level seen that, because of the $103 billion only a not-so-well-disguised game of political of job responsibility, specialized training, or that Federal employees have already one-up man ship. length of tenure of each employee. Which we given to reduce the deficit, necessities If you are really looking to cut government all know should be taken into account. of work are being challenged. Customs spending you should have made the Amend- There are those who claim that the federal and Border Protection, DEA officers, ment submitted by my colleague, Mr. VAN government is too large. In reality, the federal FBI, Health and Human Services, Cen- HOLLEN of Maryland in-order. Mr. VAN HOL- government is smaller today that it was in ters for Disease Control physicians, re- LEN’s amendment was not perfect as it cut 1968. search at NIH and those scientists, all subsidies for large oil companies, among other The IRS has 20,000 fewer employees than of those persons are working for the things; but it represents a balanced approach they did in 1995, yet are required to process greater good—those who had to address to deficit reduction. 236 million more complicated tax returns. the West Nile virus, FEMA employees And as we look for ways to address our fis- The Department of Health and Human Serv- who are right now on the ground with cal issues we cannot continue to use the sala- ices, Centers for Medicare and Medicaid has Hurricane Sandy. I have no question ries and retirement options of federal employ- 7 percent fewer employees serving 64 percent that there are private sector employees ees as our Congressional Savings and Loans. more enrollees. that are addressing this question, but Federal employees have contributed more Most growth in the number of federal work- they’ve gotten a 4.7 percent raise. than their fair share to addressing this prob- ers has been in Homeland Security and De- Let me tell you what the issue is. lem. We need creative and long term solutions fense as a result of 9/11. Let’s stop fooling around and address with a heavy emphasis on job growth. From 2001 to 2010, employment in non-se- the question of sequester. Protect H.R. 273 continues to freeze the salaries of curity federal agencies as a percent of popu- those who need a social safety net and federal employees who are vital to imple- lation actually fell by 4 percent. Social Security and Medicare. Realize menting the very laws and regulations that are Even though overall there are less federal that if you dice and cut and slash under generated by Congress and federal agencies. government employees serving each Amer- the sequester, that will be the issue. As the Ranking Member on Homeland Se- ican today than there were 30 years ago. None of these amendments were al- curity Committee, Subcommittee on Border They have still contributed $103 billion worth lowed in. and Maritime Security, I can attest that it is in of budget savings since the beginning of 2011. The SPEAKER pro tempore. The our national security interest to have the ability $60 billion from a federal pay freeze in 2011 time of the gentlewoman has expired. to recruit and retain the best and the brightest and 2012. Mr. HASTINGS of Florida. I yield the employees to keep our borders safe from $15 billion from increased retirement con- gentlewoman 1 additional minute. harm. tributions for newly-hired federal employees. Ms. JACKSON LEE. I thank the gen- As a Representative from Texas, I can fur- As a result new hires will not receive 2.3% tleman. ther attest that is again in our nation’s best in- less compensation than their federal counter- Last night at the Rules Committee, terest to have qualified high skilled profes- parts. there were amendments to bring for- sionals reviewing drilling applications for off $28 billion from a pay increase of .5 percent ward the right way of addressing the shore well sites. which is well below the Cost of Living Adjust- question, and they indicated that was Federal employees help to ensure that the ment of 1.7 percent. not germane. I know these words are air we breathe, the airways that we travel Additional funds will also be generated as a confusing, but that could have been a upon, and the food we eat are safe. result of a mandatory reduction in the Depart- waiver. We all know what that means. Most Americans encounter their first federal ment of Defense civilian work force. It doesn’t match, it doesn’t fit, but we employee when they meet their postal carrier. Federal Employees have given enough. waive you in. That could have been de- Men and women who faithfully deliver the They have not seen a cost of living adjust- bated on the floor of the House. mail: rain or shine. ment in going on 3 years. There appears to be My amendment said that we should After 911 with our need to improve airline a growing attitude that this freeze should go take a pause. I simply said this bill security, we turned to federal employees . . . on indefinitely. shouldn’t be brought up. I struck the the very employees who are amongst the first The freeze was originally enacted to cover entire language of the bill so that we to react when there is an attack on our soil. only 2011 and 2012; however, it was extended could get to the point of providing a Federal employees operate in every state through late March as part of a temporary debate on the sequester to make sure cross our nation with only 15% of all federal budget measure. Again, this was supposed to that the American people’s voices are employees working in Washington D.C, con- be a temporary solution not a permanent cure. heard. They don’t want an across-the- tinuing to freeze their compensation is not a We must do more to recruit and retain the board cut when you begin to cut the re- long term solution to our fiscal problems. best and brightest. sources that they need. But we can do Our long term fiscal problems will not be We must do more to inspire innovation and better. solved by cutting Social Security, Medicaid, or job growth. And let me just say to you, in Texas, Medicare. We must do more to protect middle income there are 251,000 Federal employees; Our problems will not be solved by freezing Americans, like federal employees. California, over 400,000. These are not the pay and benefits of federal employees. The way to address our long-term fiscal folks inside the beltway. They’re the Our problems will not be solved on the problems is not be using federal employees as ones that are in the Nation’s national backs of seniors, low and middle income a Congressional Savings and Loans.

VerDate Mar 15 2010 04:19 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\K14FE7.038 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H526 CONGRESSIONAL RECORD — HOUSE February 14, 2013 Again, it is not through cuts to Social Secu- through a two-year pay freeze, and another solve exactly the kind of fiscal prob- rity, Medicaid, and Medicare. It is by advanc- $15 billion in pension contribution increases. lems that we are facing today. ing creative long-term solutions that encour- Federal workforce cuts will hurt American Like it, don’t like it, but don’t say ages jobs growth and innovation that will allow families through fewer food inspections, de- it’s something that it’s not, Mr. Speak- us to fix our current fiscal issues. creased monitoring of air and water, and fewer er. This is an idea from the President’s FAST FACTS people protecting consumers in the financial fiscal commission, and we’re bringing H.R. 273, freezes a 0.5% statutory pay ad- markets, just to name a few. it to the floor today. justment slated to go into effect in March. It Continuing attempts to freeze federal em- I reserve the balance of my time. also extends the Congressional pay freeze ployee pay, cut retirement benefits, and re- Mr. HASTINGS of Florida. Mr. through the end of the year. duce the federal workforce will more than like- Speaker, I would alert my colleague My amendment nullifies the entire bill. ly result in a workforce that is not as produc- from Georgia that I have no further re- According to the Office of Management and tive, not as efficient, and not as competent. quests for time, and I’m prepared to Budget the federal workforce is virtually as Because these types of measures make it close. small today as it has ever been in the modern even more difficult to attract and retain highly Mr. WOODALL. I also have no fur- era. skilled and qualified federal employees. We ther requests for time and am prepared In 1953, the federal government employed must consider the long-term impact of short- to close. one worker for every 78 residents. In 2009, sighted decision making. Mr. HASTINGS of Florida. Mr. one worker was employed for every 147 resi- Mr. WOODALL. I yield myself 2 min- Speaker, I yield myself the balance my dents. utes. time. In the IRS today, there are 20,000 fewer I just want to read from the Simp- I really like and have great affection employees than there were in 1995, proc- son-Bowles Commission report. And I for my friend from Georgia, and I un- essing 236 million more complicated tax re- want to read from it not because I sup- derstand exactly what he just did with turns. And, in the Department of Health and port everything the Simpson-Bowles reference to the President’s commis- Human Services Medicare and Medicaid staff, Commission had to say. I want to read sion as appointed by Senator Simpson there are 7 percent fewer employees serving from it not because it’s a bill that has and Erskine Bowles, but the fount of 64 percent more enrollees. passed here on the floor of the House— wisdom with reference to what is re- Most growth in the number of federal work- it’s been introduced but it hasn’t quired in order for this Nation to right ers has been in Homeland Security and De- passed—but I want to read from it be- its ship doesn’t emanate from just any fense as a result of 9/11. From 2001 to 2010, cause it was put together by the Presi- one commission. And while this par- employment in non-security federal agencies dent to be a thoughtful, nonpartisan, ticular proposal may be listed as an as a percent of population actually fell by 4 deliberative body that would try to idea from the Simpson-Bowles Com- percent. find those things in the Federal Gov- mission, I would urge my friend from Only 15 percent of federal employees work ernment that should change to right Georgia to read the whole thing, which in the Washington, DC, metro area. Con- the fiscal ship that is the United States does contemplate shared sacrifice. And tinuing to freeze the pay of federal employees of America. And this is what that that’s what I tried to get across to my so they are not in keeping with the cost of liv- group, appointed by President Obama, colleagues here in this institution. ing will have Cutting federal a negative impact Republicans and Democrats, a thought- As a person that lived as a child dur- on the economy of every state. ful deliberative body, had to say: ing the Second World War, I saw what Currently there are 281,571 federal employ- Out of duty and patriotism, hardworking sacrifice meant, and I saw the people ees working in my homes state of Texas. In Federal employees provide a great service to that did the sacrificing. And they did it this country. But in a time of budget short- California, there are over 350,000 federal em- together, differently than us today. ployees. There are hundreds of thousands of falls, all levels of government must trim back. In the recent recession, millions of pri- And that’s why I think it’s wrong to hardworking Americans who are going to be cherry-pick and then use a sledge- impacted by this continued pay freeze across vate sector and State and municipal employ- ees have had their wages frozen or cut back, hammer against Federal employees for the U.S. and millions more lost their jobs altogether. something that is not likely to become Over 93 percent of federal employee jobs In contrast, Federal workers’ wages increase the law of the land. It’s a waste of are non-clerical positions. annually due to automatic formulas in law, The federal workforce is a highly-educated time. providing them with cost-of-living adjust- The only good thing that I have to and skilled workforce, including doctors, attor- ments totaling more than 5 percent in the neys, scientists, IT specialists, CPAs, engi- last 2 years. This proposal would institute a say about the bill before us today is neers, and other highly trained experts in vir- 3-year government-wide freeze on Federal that it has zero chance of becoming tually every discipline. pay at every government agency, including law. I anxiously wait for my friends on Nearly 50 percent of federal employees the Department of Defense civilian work- the other side, particularly the leader- have a bachelor’s or higher degree. force. This proposal will save $20.4 billion in ship, to actually start considering leg- About 21 percent of federal employees have 2015. islation that will help, not hurt, the professional degree or doctorate versus com- In 3 years, the President, to his cred- American people. pared to only 9 percent in the private sector. it, implemented the first 2 years of this b 1450 The federal workforce is the most highly- proposal. Perhaps there was consulta- educated in the nation, with professionals in tion with someone in this body. It Mr. Speaker, if we defeat the pre- virtually every discipline. wasn’t with me. I serve on the Over- vious question, I will offer an amend- If we want to continue to recruit and retain sight and Government Reform Com- ment which would allow the House to the best and the brightest in the federal gov- mittee. The President, by executive vote on replacing the entire sequester ernment we can not continue to use their order in December, decided he was not for 2013 with savings from specific poli- wages and benefits as a Congressional Sav- going to extend it a third year and was cies that reflect a balanced approach to ings and Loans. Provide services that are vital instead going to give a half percent pay reducing our national debt. to our daily lives. raise. There are only 6 legislative days left I do not believe that Americans wish to sac- These are issues that can absolutely until the sequester hits. Now is the rifice vital services that impact the health, be debated, Mr. Speaker. time to act. Smart government is not safety and well-being of their families because The SPEAKER pro tempore. The about sequesters; it’s about solutions. the federal government failed to invest in its time of the gentleman has expired. And it’s time to work together for the most important asset . . . human capitol. Mr. WOODALL. I yield myself an ad- American people. The federal workforce has declined, on a ditional 30 seconds. Mr. Speaker, I ask unanimous con- per-capita basis, from one employee for every This isn’t a Republican idea; it’s not sent to insert the text of my amend- 78 U.S. residents in 1953 to one employee for a Democrat idea; it’s not something ment in the RECORD along with extra- every 147 residents in 2009. that was created in the minds of folks neous material immediately prior to About 85 percent of federal employees work who hate Federal employees and the the vote on the previous question. in other cities and towns across the nation. Federal Government. It’s an idea that The SPEAKER pro tempore. Is there Federal employees have contributed $60 bil- came directly from the commission ap- objection to the request of the gen- lion over 10 years toward deficit reduction pointed by President Barack Obama to tleman from Florida?

VerDate Mar 15 2010 04:19 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.010 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H527 There was no objection. thought the freedom of the world was aries are, one-third of the budget. So Mr. HASTINGS of Florida. Mr. on the line, we borrowed the largest everything we do to try to get a handle Speaker, I urge my colleagues to vote amount of money ever borrowed in the on $52,000 in debt per man, woman and ‘‘no’’ and defeat the previous question. history of this country to win World child in America, everything we do to I urge a ‘‘no’’ vote on the rule, and I War II. try to get our fiscal ship sailing yield back the balance of my time with As we stand here today, we have bor- straight once again is coming from the final thought that we don’t have rowed trillions more in actual dollars, that one-third. that much time to waste, and we are but that same gargantuan number of Because to get to the real drivers of wasting the American people’s time. 100 percent of our economy. And for the debt, Mr. Speaker, to get to the Mr. WOODALL. Mr. Speaker, I yield what? What does that leave us when real drivers, we’ve got to get into the myself such time as I may consume to the next crisis comes—and I promise two-thirds, the two-thirds that can say the gentleman believes we’re wast- you it will. The next crisis will come, only get to the table when the House ing the American people’s time. An and the tools that we have to address it and the Senate and the President all equally precious commodity is the will have been eroded by the policies of agree. American people’s money. today. Mr. HASTINGS of Florida. I know I talked earlier about the $10,000 per I take no pleasure in being down here you’re on a roll, but will my friend American inhabitant. A lot of folks do today managing the rule that will ex- yield for just 5 seconds? their numbers by American tax-paying tend into year 3 a Federal employee Mr. WOODALL. As highly unor- families, Mr. Speaker. A lot of folks do pay freeze. I told folks in my constitu- thodox as that is, my great respect for their numbers by per adult or per chil- ency, Mr. Speaker, I said I want to my friend requires that I do. dren. I didn’t want to game the system come back home and I want to tell you Mr. HASTINGS of Florida. I thank like that. how much I’ve been doing good work you so very much. The chart I have right now, Mr. for you in Washington and doggone it I I just want to say America ain’t Speaker, $52,381. If you take today’s deserve a pay raise. I want us all to be Greece; it ain’t going to be Greece. $16.5 trillion debt that America has and so successful that we can go back home Mr. WOODALL. Reclaiming my time, divide it by every single human being and tell folks we deserve it. But with Mr. Speaker—and again, pleasure to that the Census Department tells us is $16.4 trillion in debt, 4 years of no yield—I say to my friend, I fear it’s in America in January 2013, you will budgets at all coming out of this town, thinking like that that’s going to take find that we have borrowed and spent trillion-dollar annual deficits, we us exactly there. $52,381 for every human being in Amer- don’t. b 1500 ica. If you think the pain of a 3-year pay I don’t minimize the burden that will freeze is bad, Mr. Speaker, Google Mr. Speaker, again, I take no pleas- be on a family of four in my district Greece, Bing Greece, do your Yahoo ure in this freeze today. I believe in when they don’t receive that half a per- search on Greece—not half a percent shared sacrifice across this country to cent pay bump that the President tried freezes, but double-digit cuts to Fed- solve our problems. The only thing to do by executive order that we’re re- eral benefits; double-digit cuts to pen- that would be permissible in this legis- scinding here today. I don’t minimize sions that seniors are relying on; dou- lation is to ensure that Members of that at all. But it is minimal compared ble-digit cuts to salaries; layoffs, dou- Congress and fellow employees are both to the $52,000 for each member of that ble-digit percentages. It doesn’t get frozen together, as is ensured in this family of four. That half a percent pay better on its own, Mr. Speaker. We legislation. raise is minimal compared to the have to do it. I urge my colleagues to support this $208,000 that that family owes as its My friend from Florida is so right, rule, bring this bill to the floor, sup- share of the Federal debt. Mr. Speaker: we have to come together port this underlying resolution, and re- The gentleman from Florida, Mr. to solve the bigger problems. This is member that until $52,381 per man, Speaker, made a very passionate pres- not the bigger problem. At best, this is woman and child in this country reads entation last night, and I believe he is a symptom of a problem. At worst, it’s ‘‘zero,’’ we’re going to have these dis- absolutely right. He referenced himself just something we’re trying to do to cussions again and again and again. and our ranking member as the only manage through. The President, Mr. Speaker, I’m told two folks in that committee who know In this body, Mr. Speaker, and the is planning to produce a budget. It’s anything about sacrifice. I always go Senate, the President, we put six of our not going to be this month. It may through my grandparents’ stuff. I was best minds from the House, three come next month. Do you know that in one of those kids who loved being in Democrats and three Republicans, six the 2 years I’ve been here as a Member the attic. You always find neat stuff in of our best minds from the Senate, of Congress, the President’s budgets the attic and the basement. I have all three Democrats and three Repub- never, ever, ever pay down one penny the ration stamps, Mr. Speaker—sugar, licans, and we locked them in a room of this debt? We’re complicit in this, rubber. I don’t know what that’s like. I for about 3 months and said do any- Mr. Speaker; and, together, we can get don’t know what that’s like for a Na- thing, do anything you want to with ourselves out of it. tion to come together with such a the Federal budget. Dream your big- The material previously referred to sense of purpose that they say we’re gest dreams. Come up with your best by Mr. HASTINGS of Florida is as fol- going to police ourselves and our own ideas. Get outside the box. And we’re lows: family. We’re going to have the posters going to close the door so you can have AN AMENDMENT TO H. RES. 66 OFFERED BY up on the wall that say ‘‘loose lips sink that conversation with the utmost can- MR. HASTINGS OF FLORIDA ships,’’ and don’t waste because we dor, Republicans and Democrats alike, (1) At the end of the resolution, add the need it for the war effort, and we’re House Members and Senate Members following: going to come together and make that alike. SEC. 6. Notwithstanding any other provi- happen. After 3 months, Mr. Speaker, having sion of this resolution, following debate on H.R. 273 it shall be in order to 1 consider the In fact, the last time, Mr. Speaker, looked at literally hundreds of trillions amendment received for printing in the Con- this country had the kind of debt as a of dollars of Federal spending going out gressional Record pursuant to clause 8 of percentage of the size of its economy for decades, they found that they could rule XVIII and numbered 1, if offered by Rep- that it has today was when we were agree on not even one dollar, not one resentative Van Hollen of Maryland or a des- coming out of World War II. In that dollar in changes. ignee. That amendment shall be in order time, when we were rationing rubber Mr. Speaker, as you well know, and without intervention of any point of order, and sugar, when we no longer minted as the freshman Members of this body shall be considered as read, shall be sepa- our currency with copper because we are going to learn, we only control one- rately debatable for one hour equally divided and controlled by the proponent and an op- didn’t have enough to go around—or third of the budget here, just one-third ponent, and shall not be subject to a demand nickel—we were using steel to put the of the budget, that discretionary for a division of the question. coins together at that time. In that spending, one-third of the budget. (2) On page 2, line 5, insert ‘‘with or with- time of crisis, Mr. Speaker, when we That’s where the Federal employee sal- out instructions’’ after ‘‘recommit’’.

VerDate Mar 15 2010 01:25 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.040 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H528 CONGRESSIONAL RECORD — HOUSE February 14, 2013 THE VOTE ON THE PREVIOUS QUESTION: WHAT The question was taken; and the NAYS—194 IT REALLY MEANS Speaker pro tempore announced that Andrews Green, Gene Owens This vote, the vote on whether to order the the ayes appeared to have it. Barber Gutierrez Pallone previous question on a special rule, is not Mr. HASTINGS of Florida. Mr. Barrow (GA) Hahn Pascrell merely a procedural vote. A vote against or- Bass Hanabusa Pastor (AZ) dering the previous question is a vote Speaker, on that I demand the yeas Beatty Hastings (FL) Payne against the Republican majority agenda and and nays. Becerra Heck (WA) Pelosi Bera (CA) Higgins a vote to allow the Democratic minority to The yeas and nays were ordered. Perlmutter Bishop (GA) Himes Peters (CA) offer an alternative plan. It is a vote about The SPEAKER pro tempore. Pursu- Bishop (NY) Hinojosa what the House should be debating. Peters (MI) ant to clause 9 of rule XX, the Chair Blumenauer Holt Peterson Mr. Clarence Cannon’s Precedents of the Bonamici Honda will reduce to 5 minutes the minimum Pingree (ME) House of Representatives (VI, 308–311), de- Brady (PA) Horsford Pocan time for any electronic vote on the Braley (IA) Hoyer scribes the vote on the previous question on Polis question of adoption. Brown (FL) Huffman the rule as ‘‘a motion to direct or control the Price (NC) consideration of the subject before the House The vote was taken by electronic de- Brownley (CA) Israel Bustos Jackson Lee Quigley being made by the Member in charge.’’ To vice, and there were—yeas 229, nays Rahall defeat the previous question is to give the Butterfield Jeffries 194, not voting 8, as follows: Capps Johnson, E. B. Rangel opposition a chance to decide the subject be- Richmond [Roll No. 41] Capuano Kaptur fore the House. Cannon cites the Speaker’s Ca´ rdenas Keating Roybal-Allard ruling of January 13, 1920, to the effect that YEAS—229 Carney Kennedy Ruiz ‘‘the refusal of the House to sustain the de- Aderholt Graves (GA) Perry Carson (IN) Kildee Ruppersberger mand for the previous question passes the Alexander Graves (MO) Petri Cartwright Kilmer Rush control of the resolution to the opposition’’ Amash Griffin (AR) Pittenger Castor (FL) Kind Ryan (OH) ´ in order to offer an amendment. On March Amodei Griffith (VA) Pitts Castro (TX) Kirkpatrick Sanchez, Linda T. 15, 1909, a member of the majority party of- Bachmann Grimm Poe (TX) Chu Kuster Bachus Guthrie Pompeo Cicilline Langevin Sanchez, Loretta fered a rule resolution. The House defeated Clarke Larsen (WA) Sarbanes the previous question and a member of the Barletta Hall Posey Barr Hanna Price (GA) Clay Larson (CT) Schakowsky opposition rose to a parliamentary inquiry, Barton Harper Radel Cleaver Lee (CA) Schiff asking who was entitled to recognition. Benishek Harris Reed Clyburn Levin Schneider Speaker Joseph G. Cannon (R-Illinois) said: Bentivolio Hartzler Reichert Cohen Lewis Schrader ‘‘The previous question having been refused, Bilirakis Hastings (WA) Renacci Connolly Lipinski Schwartz the gentleman from New York, Mr. Fitz- Bishop (UT) Heck (NV) Ribble Conyers Loebsack Scott (VA) gerald, who had asked the gentleman to Black Hensarling Rice (SC) Cooper Lofgren Scott, David Blackburn Herrera Beutler Rigell Costa Lowenthal Serrano yield to him for an amendment, is entitled to Courtney Lowey the first recognition.’’ Bonner Holding Roby Sewell (AL) Boustany Hudson Crowley Lujan Grisham The Republican majority may say ‘‘the Roe (TN) Shea-Porter Brady (TX) Huelskamp Rogers (AL) Cummings (NM) Sherman vote on the previous question is simply a ´ Bridenstine Huizenga (MI) Rogers (KY) Davis (CA) Lujan, Ben Ray Sinema vote on whether to proceed to an immediate Brooks (AL) Hultgren Rogers (MI) Davis, Danny (NM) Sires DeFazio Lynch vote on adopting the resolution . . . [and] Brooks (IN) Hunter Rohrabacher Slaughter DeGette Maffei has no substantive legislative or policy im- Broun (GA) Hurt Rokita Smith (WA) Delaney Maloney, plications whatsoever.’’ But that is not what Buchanan Issa Rooney Speier DeLauro Carolyn they have always said. Listen to the Repub- Bucshon Jenkins Ros-Lehtinen Swalwell (CA) DelBene Maloney, Sean Burgess Johnson (OH) Roskam Takano lican Leadership Manual on the Legislative Deutch Markey Calvert Johnson, Sam Ross Thompson (CA) Process in the United States House of Rep- Dingell Matsui Camp Jones Rothfus Thompson (MS) resentatives, (6th edition, page 135). Here’s Doggett McCarthy (NY) Campbell Jordan Royce Tierney how the Republicans describe the previous Cantor Joyce Doyle McCollum Runyan Titus question vote in their own manual: ‘‘Al- Capito Kelly Duckworth McDermott Ryan (WI) Tonko Carter King (IA) Edwards McGovern though it is generally not possible to amend Salmon Tsongas Cassidy King (NY) Ellison McIntyre the rule because the majority Member con- Scalise Van Hollen Chabot Kingston Engel McNerney trolling the time will not yield for the pur- Schock Vargas Chaffetz Kinzinger (IL) Enyart Meeks pose of offering an amendment, the same re- Schweikert Coble Kline Eshoo Meng Veasey Scott, Austin sult may be achieved by voting down the pre- Coffman Labrador Esty Michaud Vela Sensenbrenner ´ vious question on the rule . . . When the mo- Cole LaMalfa Fattah Miller, George Velazquez Sessions tion for the previous question is defeated, Collins (GA) Lamborn Foster Moore Visclosky Shimkus control of the time passes to the Member Collins (NY) Lance Frankel (FL) Moran Walz Shuster who led the opposition to ordering the pre- Conaway Lankford Fudge Murphy (FL) Wasserman Simpson Schultz vious question. That Member, because he Cook Latham Gabbard Nadler Smith (NE) Waters then controls the time, may offer an amend- Cotton Latta Gallego Napolitano Smith (NJ) Garamendi Neal Watt ment to the rule, or yield for the purpose of Cramer LoBiondo Crawford Long Smith (TX) Garcia Negrete McLeod Waxman amendment.’’ Crenshaw Lucas Southerland Grayson Nolan Welch In Deschler’s Procedure in the U.S. House Cuellar Luetkemeyer Stewart Green, Al O’Rourke Wilson (FL) of Representatives, the subchapter titled Daines Lummis Stivers ‘‘Amending Special Rules’’ states: ‘‘a refusal Davis, Rodney Marchant Stockman NOT VOTING—8 Stutzman to order the previous question on such a rule Denham Marino Culberson Gowdy McKeon Terry [a special rule reported from the I Com- Dent Massie Diaz-Balart Grijalva Yarmuth Thompson (PA) DeSantis Matheson Farr Johnson (GA) mittee on Rules] opens the resolution to Thornberry amendment and further debate.’’ (Chapter 21, DesJarlais McCarthy (CA) Duffy McCaul Tiberi section 21.2) Section 21.3 continues: ‘‘Upon Duncan (SC) McClintock Tipton b 1522 rejection of the motion for the previous Duncan (TN) McHenry Turner question on a resolution reported from the Ellmers McKinley Upton Messrs. BERA of California, ISRAEL, Committee on Rules, control shifts to the Farenthold McMorris Valadao PETERS of California, Ms. MICHELLE Wagner Member leading the opposition to the pre- Fincher Rodgers LUJAN GRISHAM of New Mexico, Fitzpatrick Meadows Walberg vious question, who may offer a proper Messrs. MURPHY of Florida, CASTRO amendment or motion and who controls the Fleischmann Meehan Walden Fleming Messer Walorski of Texas, PETERS of Michigan, time for debate thereon.’’ Weber (TX) Clearly, the vote on the previous question Flores Mica COSTA, Ms. ESHOO, and Mr. Forbes Miller (FL) Webster (FL) on a rule does have substantive policy impli- Fortenberry Miller (MI) Wenstrup GALLEGO changed their vote from cations. It is one of the only available tools Foxx Miller, Gary Westmoreland ‘‘yea’’ to ‘‘nay.’’ for those who oppose the Republican major- Franks (AZ) Mullin Whitfield Messrs. SHUSTER, WOLF, Williams ity’s agenda and allows those with alter- Frelinghuysen Mulvaney HUELSKAMP, FLEMING, CALVERT, native views the opportunity to offer an al- Gardner Murphy (PA) Wilson (SC) ternative plan. Garrett Neugebauer Wittman HUNTER, YODER, and JONES changed Gerlach Noem Wolf their vote from ‘‘nay’’ to ‘‘yea.’’ Mr. WOODALL. I yield back the bal- Gibbs Nugent Womack ance of my time and move the previous Gibson Nunes Woodall So the previous question was ordered. question on the resolution. Gingrey (GA) Nunnelee Yoder The result of the vote was announced The SPEAKER pro tempore (Mr. Gohmert Olson Yoho as above recorded. Goodlatte Palazzo Young (AK) SIMPSON). The question is on ordering Gosar Paulsen Young (FL) The SPEAKER pro tempore. The the previous question. Granger Pearce Young (IN) question is on the resolution.

VerDate Mar 15 2010 01:25 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.013 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H529 The question was taken; and the Bera (CA) Heck (WA) Pascrell and ‘‘no’’ on H. Res. 66, the rule providing for Speaker pro tempore announced that Bishop (GA) Higgins Pastor (AZ) Bishop (NY) Himes Payne consideration of H.R. 273. the ayes appeared to have it. Blumenauer Hinojosa Pelosi f Mr. HASTINGS of Florida. Mr. Bonamici Holt Perlmutter Speaker, on that I demand the yeas Brady (PA) Honda Peters (CA) APPOINTMENT OF MEMBERS TO Braley (IA) Horsford Peters (MI) JOINT ECONOMIC COMMITTEE and nays. Brown (FL) Hoyer Pingree (ME) The yeas and nays were ordered. Brownley (CA) Huffman Pocan The SPEAKER pro tempore. The Bustos Israel Polis Chair announces the Speaker’s ap- The SPEAKER pro tempore. This Butterfield Jackson Lee Price (NC) pointment, pursuant to 15 U.S.C. will be a 5-minute vote. Capps Jeffries Quigley The vote was taken by electronic de- Capuano Johnson, E. B. Rahall 1024(a), and the order of the House of ´ vice, and there were—yeas 227, nays Cardenas Kaptur Rangel January 3, 2013, of the following Mem- Carney Keating Richmond 192, not voting 12, as follows: Carson (IN) Kennedy bers on the part of the House to the Roybal-Allard Joint Economic Committee: [Roll No. 42] Cartwright Kildee Ruiz Castor (FL) Kilmer Ruppersberger Mr. CAMPBELL, California YEAS—227 Castro (TX) Kind Rush Mr. DUFFY, Wisconsin Chu Kirkpatrick Aderholt Granger Pearce Ryan (OH) Cicilline Kuster Mr. AMASH, Michigan Alexander Graves (GA) Perry Sa´ nchez, Linda Clarke Langevin Amash Graves (MO) Peterson T. Mr. PAULSEN, Minnesota Clay Larsen (WA) Amodei Griffin (AR) Petri Sanchez, Loretta Mr. HANNA, New York Cleaver Larson (CT) Bachmann Griffith (VA) Pittenger Sarbanes Clyburn Lee (CA) Ms. LORETTA SANCHEZ, California Bachus Grimm Pitts Schakowsky Cohen Levin Mr. CUMMINGS, Maryland Barletta Guthrie Poe (TX) Schiff Connolly Lewis Barr Hall Pompeo Schneider Mr. DELANEY, Maryland Conyers Lipinski Barton Hanna Posey Schrader Cooper Loebsack f Benishek Harper Price (GA) Schwartz Costa Lofgren Bentivolio Harris Radel Scott (VA) Courtney Lowenthal NATIONAL RECREATIONAL Bilirakis Hartzler Reed Scott, David Crowley Lowey Black Hastings (WA) Reichert THERAPY MONTH Cuellar Lujan Grisham Serrano Blackburn Heck (NV) Renacci Cummings (NM) Sewell (AL) (Mr. THOMPSON of Pennsylvania Bonner Hensarling Ribble Davis (CA) Luja´ n, Ben Ray Shea-Porter Boustany Herrera Beutler Rice (SC) asked and was given permission to ad- Davis, Danny (NM) Sherman Brady (TX) Holding Rigell dress the House for 1 minute and to re- DeFazio Maffei Sinema Bridenstine Hudson Roby DeGette Maloney, Sires vise and extend his remarks.) Brooks (AL) Huelskamp Roe (TN) Delaney Carolyn Slaughter Brooks (IN) Huizenga (MI) Rogers (AL) Mr. THOMPSON of Pennsylvania. DeLauro Maloney, Sean Smith (WA) Broun (GA) Hultgren Rogers (KY) Mr. Speaker, in February we celebrate DelBene Markey Speier Buchanan Hunter Rogers (MI) Deutch Matheson Swalwell (CA) National Recreational Therapy Month. Bucshon Hurt Rohrabacher Dingell Matsui Takano Leading a healthy life means not only Burgess Issa Rokita Doggett McCarthy (NY) Thompson (CA) Calvert Jenkins Rooney the absence of illness, but a level of Doyle McCollum Thompson (MS) Camp Johnson (OH) Ros-Lehtinen physical, cognitive, emotional, social, Duckworth McDermott Tierney Campbell Johnson, Sam Roskam Edwards McGovern Titus and leisure well-being, which is the un- Cantor Jones Ross Ellison McIntyre Tonko Capito Jordan Rothfus derlying focus of the recreational ther- Engel McNerney Tsongas Carter Joyce Royce apy profession. Enyart Meeks Van Hollen Cassidy Kelly Runyan Esty Meng Vargas Recreational therapists are caring Chabot King (NY) Ryan (WI) Fattah Michaud Veasey professionals who touch the lives of in- Chaffetz Kingston Salmon Foster Miller, George Vela Coble Kinzinger (IL) Scalise dividuals facing life-changing disease Frankel (FL) Moore Vela´ zquez Coffman Kline Schock and disability all across the Nation. Fudge Moran Visclosky Cole Labrador Schweikert Gabbard Murphy (FL) Walz These professionals help individuals Collins (GA) LaMalfa Scott, Austin Gallego Nadler Wasserman Collins (NY) Lamborn Sensenbrenner navigate these challenges, achieve Garamendi Napolitano Schultz Conaway Lance Sessions healthy outcomes and, ultimately, an Grayson Neal Waters Cook Lankford Shimkus Green, Al Negrete McLeod Watt overall better quality of life. Cotton Latham Shuster Green, Gene Nolan Waxman Having worked in this profession for Cramer Latta Simpson Gutierrez O’Rourke Welch Crawford LoBiondo Smith (NE) 28 years, I witnessed firsthand how the Hahn Owens Wilson (FL) Crenshaw Long Smith (NJ) services of this profession made signifi- Hanabusa Pallone Wolf Daines Lucas Smith (TX) cant differences in the lives of so Davis, Rodney Luetkemeyer Southerland NOT VOTING—12 Denham Lummis Stewart many. These services are provided by Dent Marchant Stivers Bishop (UT) Gerlach King (IA) professionals nationally certified by DeSantis Marino Stockman Culberson Grijalva Lynch the National Council for Therapeutic Farr Hastings (FL) Terry DesJarlais Massie Stutzman Recreation Certification as certified Diaz-Balart McCarthy (CA) Thompson (PA) Garcia Johnson (GA) Yarmuth therapeutic recreation specialists. Duffy McCaul Thornberry ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Duncan (SC) McClintock Tiberi Recreational therapy ultimately Duncan (TN) McHenry Tipton The SPEAKER pro tempore (during aims to improve an individual’s func- Ellmers McKeon Turner the vote). There are 2 minutes remain- tioning and keeps them active, Eshoo McKinley Upton ing. Farenthold McMorris Valadao healthy, and as independent as pos- Fincher Rodgers Wagner sible. Fitzpatrick Meadows Walberg b 1529 Mr. Speaker, I congratulate the car- Fleischmann Meehan Walden Fleming Messer Walorski Mr. RYAN of Ohio changed his vote ing professionals of the therapeutic Flores Mica Weber (TX) from ‘‘yea’’ to ‘‘nay.’’ recreation profession during the month Forbes Miller (FL) Webster (FL) So the resolution was agreed to. of February for the services they pro- Fortenberry Miller (MI) Wenstrup Foxx Miller, Gary Westmoreland The result of the vote was announced vide each and every day. Franks (AZ) Mullin Whitfield as above recorded. f Frelinghuysen Mulvaney Williams A motion to reconsider was laid on Gardner Murphy (PA) Wilson (SC) the table. PROTECT VOTING RIGHTS OF ALL Garrett Neugebauer Wittman Gibbs Noem Womack Stated against: AMERICANS Gibson Nugent Woodall Mr. GARCIA. Mr. Speaker, on rollcall No. (Ms. LEE of California asked and was Gingrey (GA) Nunes Yoder 42, had I been present, I would have voted Gohmert Nunnelee Yoho given permission to address the House Goodlatte Olson Young (AK) ‘‘nay.’’ for 1 minute.) Gosar Palazzo Young (FL) PERSONAL EXPLANATION Ms. LEE of California. Mr. Speaker, Gowdy Paulsen Young (IN) Mr. JOHNSON of Georgia. Mr. Speaker, the upcoming Shelby County, Alabama NAYS—192 had I been present on Thursday, February 14, v. Holder Supreme Court case presents Andrews Barrow (GA) Beatty 2013, I would have voted ‘‘no’’ on the motion a direct threat to section 5 of the Vot- Barber Bass Becerra on ordering the previous question on the rule ing Rights Act of 1965, which is the

VerDate Mar 15 2010 01:25 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.046 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H530 CONGRESSIONAL RECORD — HOUSE February 14, 2013 most effective civil rights legislation Foundation and $850 million from the Korea, and Vietnam to see their memorials. ever enacted by Congress. National Institutes of Health. In all, On behalf of a grateful delegation, State, and The Voting Rights Act of 1965 was San Diego received more than 1,760 country, I welcome these heroes. passed just 1 year after I graduated grants to support America’s The 122 veterans on this flight include 37 from high school. Growing up in El innovators. from World War II, 80 from the Korea conflict, Paso, Texas, I vividly remember the I recently received a letter from 4 from the Vietnam War, and one from the days of Jim Crow, segregation, and the Arisan Therapeutics, a small bio- War in Iraq. Eight of these veterans wear the poll tax. Should the Supreme Court medical group in my district. This Purple Heart. The Honor Flight program was rule against the Justice Department small team of dedicated researchers founded in 2005. It provides veterans with the and overturn this important legisla- has been working on vaccines against opportunity to visit Washington, DC free of any tion, minority communities will lose the flu and dengue fever. If the seques- cost to them or their families to see the me- many of their voting protections. ter goes into effect, they will have to morials that were built in their honor. The pro- Later this month, I intend to join my lay off their researchers and close. The gram, originally intended to honor WWII vet- colleagues in the Congressional Black sequester will not only hurt people, erans, has developed to include veterans from Caucus to listen to the oral arguments jobs, and families, but it will stop crit- several major conflicts. Today we honor those for this case at the Supreme Court. ical research in the biomedical sciences veterans as they make the journey to Wash- Many of us were part of the 390–33 ma- and stifle innovation in our labs and ington to visit the memorials that serve as jority, along with 98 Senators, who universities. symbols of a grateful Nation. voted to reauthorize the Voting Right Congress must act now so America Of course no memorial, no statue can ever Act in 2006. We agreed there is still a and San Diego do not fall behind our truly convey the sacrifices our veterans have compelling need to protect and pre- international competitors and so that made for our country. Much has been asked serve the voting rights of all Ameri- we continue to be on the cutting edge of these soldiers, sailors, airmen, Marines, and cans. After all, it is this right that lies of technology. We must keep investing Coast Guardsmen, and time and time again, at the very heart of our democracy in our future. they have delivered. The freedoms endowed upon us by our Creator, protected by our Con- that must not be eroded. f stitution, and enjoyed by all Americans must f RECOGNIZING HONOR FLIGHT never be taken for granted. Today we honor AMERICAN HEART MONTH NORTHERN COLORADO those who have sacrificed to secure the bless- (Mr. PAULSEN asked and was given (Mr. GARDNER asked and was given ings of liberty for generations of Americans. permission to address the House for 1 permission to address the House for 1 Please join me in thanking Willard Bauer, minute and to revise and extend his re- minute.) Robert Bell, Edward Coleman, Floyd Ewing, marks.) Mr. GARDNER. Madam Speaker, I Albert Fairweather, Marvin Fowler, Elwyn Mr. PAULSEN. Mr. Speaker, Feb- rise on the occasion of Honor Flight Frazier, Robert Fulton, William Garcia, Edward ruary marks National Heart Month, Northern Colorado’s ninth flight to Glover, Herold Hettinger, Raymond Holiday, which reminds all Americans to take Washington, D.C., bringing veterans of Buford Johnson, William Kammlade, Donald control of their cardiovascular health. World War II, Korea, and Vietnam to Lawless, Russell Maxwell, Dale Norwood, Each year, 700,000 Americans suffer a see their memorials. On behalf of a Philip Owen, Paul Painter, George Parker, heart attack, and approximately 600,000 grateful delegation, State, and coun- Theodore Pratt, Kenneth Robb, Henry Redd, die from causes related to heart dis- try, I welcome these heroes. Harley Rouze, Harold Scatterday, Dean ease. Nearly everyone knows a family The 122 veterans on this flight in- Severin, Leonie Shannon, Keith Simons, member, a colleague, or a friend who cluded 37 from World War II, 80 from Jacob Stieb Jr., Howard Teague, Margaret has experienced the devastating effects the Korea conflict, four from the Viet- Thompson, Charles Vogel, Thomas Weathers, of this disease firsthand. nam war, and one from the war in Iraq. Victor Weidmann, John Williams, Milo While heart disease is currently the Eight of these veterans wear the Pur- Whitcomb, Quentin Younglund, Bobby Ander- leading cause of death among men and ple Heart. sen, Emmett Archuletta, Donald Armagost, women, we can all take steps to pre- The Honor Flight program was Robert Arnbrecht, Gary Beverlin, Stanley vent this disease and promote overall founded in 2005. It provides veterans Black, Ronald Brasseur, Earl Buckendorf, heart health. with the opportunity to visit Wash- Robert Buttner, Donald Campbell, Clarence One example of community action is ington, D.C., free of any cost to them Carnes, Jerald Clark, Robert Clayton, Keith the great work of the Plymouth Rotary or their families to see the memorials Coates, Kenneth Comin, Victor Crenshaw, Club and Allina hospitals and clinics in that were built in their honor. The pro- Dean Daggett, Lester Edgett, Arno Engele, Minnesota. They’ve teamed up to- gram, originally intended to honor Roy Erickson, William Erickson, Bernard gether to start a new project called World War II veterans, has developed Erthal, Donald Fenske, Donald Fickenscher, Heart Safe Plymouth, a plan that pro- to include veterans from several major Russell Foster, Franklin Fronek, Porfelio motes education and training on the conflicts. Garbiso, Carl Goeglein, Wiliam Goble, Delbert emergency treatment of sudden cardiac Today we honor those veterans as Gorsline, George Gray, Kenneth Hoff, Robert arrest. they make the journey to Washington Hull, Robert Jones Jr., George Knaub, Arthur I encourage all Americans to follow to visit the memorials that serve as a Kober, John Leach, Roger London, Willard their example of involvement and ac- symbol of a grateful Nation. Of course, Loose, Joseph Lopez, Arthur Lukemire, tion. Let’s use American Heart Month no memorial, no statue can ever truly Charles Mahoney, Eathon Marr, Vernon as an opportunity to learn more about convey the sacrifices our veterans have Marston, Robert Martin, George Maxey, Loren heart disease and prevention so that we made for our country. Much has been Maxey, Albert Melcher, Gordon Michel, Ken- can all live longer and healthier lives. asked of these soldiers, sailors, airmen, neth Miller, Raymond Miller, Stuart Miller, f marines, and Coast Guardsmen; and Ralph Nuss, James Othrow, Theodore Pear- time and time again they have deliv- son, Robert Phillips, Franklin Pino, Julius IMPACTS OF SEQUESTER ered. Racette, Dean Rydholm, Delmar Scholfield, (Mr. PETERS of California asked and The freedoms endowed upon us by Carlos Scott, Stanley Shafer, Emil Shireman, was given permission to address the our Creator, protected by our Constitu- Hubert Shumaker, Norris Slechta, Jack Sny- House for 1 minute.) tion, and enjoyed by all Americans der, John Stieb, Dale Stinton, Donald Mr. PETERS of California. The im- must never be taken for granted. Svedman, James Theobald, Gem n Terrell, pacts of sequester will be felt in every Today, we honor those who have sac- Wiliam Thill, Paul Van Driel, James Vincent, district and State. San Diego is home rificed to secure the blessings of lib- Paul Vohs, Leroy Waag, LaVerne Walls, War- to major research universities and erty for generations of Americans. ren Ward, Duane West, David Young, Leonard technology firms. Last year, firms Please join me in thanking these patri- Beutelspacher, John Gruver, Gaylord working on everything from improving ots. Mekelburg, Cloyd Rael, Marshall Spring, cancer diagnostics to protecting our Madam Speaker, I rise on the occasion of Charles Adams, and any participants whose computer security received more than Honor Flight Northern Colorado’s ninth flight to names were not available at the time of this $130 million from the National Science Washington, DC bringing veterans of WWII, statement.

VerDate Mar 15 2010 04:19 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.048 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H531 b 1540 spending cuts only. What good are not stand by and allow inaction by my DOCTORS CAUCUS spending cuts when you can’t defend colleagues to kill American jobs. the Nation you are trying to save and I ask my colleagues: Is this what you The SPEAKER pro tempore (Mr. destroying our economy in the process? want? Do you honestly believe this is MASSIE). Under the Speaker’s an- I am in favor of reducing our na- for the best? nounced policy of January 3, 2013, the tional debt and balancing our budget as I beg anyone to explain to me how gentleman from Tennessee (Mr. ROE) is much as anyone in this Congress, but I we’re a better country if these cuts recognized for 60 minutes as the des- refuse to do it on the backs of our men take place. ignee of the majority leader. and women in uniform and their fami- Mr. Speaker, I implore our leaders, Mr. ROE of Tennessee. Mr. Speaker, lies. I will not jeopardize their safety the Senate, and the President to act. before starting this Special Order, I’d and security, yet some in this body The future safety and security of our like to yield as much time as he may want to do just that. Nation is at stake. consume to my friend from Mississippi, It is foolish—no, naive—to believe Mr. ROE of Tennessee. I thank the STEVEN PALAZZO. that allowing $1 trillion in spending gentleman. Mr. Speaker, we’re going to take the SEQUESTRATION EFFECTS cuts to our national defense is respon- Mr. PALAZZO. I want to thank the sible or sustainable. Many of my col- next hour or so, the Doctors Caucus, Dr. GINGREY, myself, Dr. HARRIS, and good doctor from Tennessee for yield- leagues seem to have forgotten that we’re going to speak about the Afford- ing me some time. these automatic cuts were intended to able Care Act, how we got where we Mr. Speaker, in 2 weeks we face one be the absolute worst thing we could are, the plan to save Medicare, and of the most devastating cuts to our do. It was designed to force bipartisan military that our country has ever other health care issues. action on addressing our spending ad- I came to this Congress after a 31- seen, literally, a worst-case scenario diction in this Congress. It is the unin- year medical practice in Johnson City, for our men and women in uniform, all tended consequences of an absolute Tennessee, just a doctor out each day in just 2 weeks. failure by the supercommittee. So, in- in east Tennessee taking care of pa- For a year and a half, several of my stead of using a scalpel, we’re using a tients; and I made a decision that I colleagues and I have been discussing meat-ax, and the impact of our failure didn’t like the direction that the coun- with anyone who will listen the dev- to act will soon be all too apparent un- try was headed in health care, and I astating impact of these automatic less we avert this irresponsible action. wanted to run for Congress to be here budget cuts, but still we have stalled Despite repeated requests for over a for that reason. and delayed till we are where no one in year for more details on what effects Well, it turned out that two Con- their right mind would want to be. these details will have, only now, 2 gresses ago we did have a debate on the If these cuts are not stopped, not weeks before they are scheduled to health care issue. We have nine physi- only will our military be hollowed out, take place, have we received any infor- cians in our health care caucus, and but a number of other agencies will be mation from this administration. not one of us was consulted about that severely impacted as well. Defense cuts The military services have let us health care bill. Not one of us was are bad enough. Unfortunately, these know exactly what effect they think brought in the loop and said, What do cuts affect a lot more than just de- sequestration will have, and it is not a you think? fense. These automatic cuts affect food pretty sight. We are talking about one Well, we had an extensive debate, I inspections at the Department of Agri- of the biggest drivers of small busi- will admit, in the House. This bill was culture, FBI investigations, TSA nesses, a major employer of our Na- passed on a pure party-line vote in No- screening at airports, and others. No tion’s veterans, and a major economic vember of 2009; and on Christmas Eve, agency is untouched. driver in our economy. And some here the Senate passed a bill that had not One example in Mississippi alone is it are willing to see it slashed for no ben- been vetted, had not been heard in the is anticipated that these automatic efit whatsoever. House, was not debated in the House, a budget cuts could cost as many as 845 But civilians are not the only issue completely different bill. But because jobs in the education sector alone. here. We are downsizing our force to of the rules in the Senate, it never got These are the people we task with edu- deal with the cuts already in place— heard here and was not debated fully in cating our future generations and en- $487 billion worth. We will have to cut the Senate. suring our country’s success. further into our active duty if these That bill was passed, it will soon be, We’re now hearing of furloughs cuts are not rolled back and replaced 4 years ago—3 years ago, I mean. We across the government agencies. This responsibly. thought that we’d have an opportunity would mean that families that are de- In my district, over 10,000 people after the Supreme Court looked at pendent on that paycheck to put food walk through the gates of Ingalls Ship- this—those challenges were brought to in their children’s mouths and clothes building in Mississippi every day. If overturn this bill—and we’re going to on their backs will be forced to stay just one ship contract is cancelled as a spend the next hour explaining why we home as much as 1 day a week for up to result of sequestration, we are talking don’t think it was the right prescrip- 22 weeks. about thousands of people being imme- tion for the health care of the citizens This means millions of dollars in lost diately unemployed and layoffs at of this country. pay for dedicated public servants be- small businesses in over 49 States. I bring an extensive knowledge about cause Congress and this President can- These are some of the most patriotic a health care reform bill we did in our not get their act together and do what and hardest working people I have ever State of Tennessee. The biggest prob- is right for our country. met in my life. They have dedicated lem with the health care in this coun- At this point, the House has passed their lives to building the greatest try is not the quality of care. Cer- two separate plans that were never naval ships the world has ever seen. tainly, we can always do better, and even considered by the Senate. Ulti- So this week, I spoke with our most physicians want to do better and have mately, inaction by the President and senior military leaders, and they told new techniques and new innovative Senate are allowing us to inch closer us very directly, if you want our mili- medicines that we use. But the biggest and closer to the disgusting reality of tary to continue doing what it’s doing problem with health care in America is these cuts. today, then we can’t give you another the cost of that care. I got to see it Even more disappointing than the dollar. every day in my practice, where going Senate and the President’s inaction is There are similar stories across the to the hospital could bankrupt families the ridiculous position of many that Nation at plants building the largest if they didn’t have proper insurance, it seem completely content to throw planes to the smallest component was more expensive to come in, and so their hands up and say that we have parts. These are the stories of real peo- the number one driver was cost. done all we can do. ple who go to work every day to make But I am perhaps the most dis- America a better place. These skills b 1550 appointed in my colleagues that want are not easily relearned. Once they go Number two, there’s no question we these cuts to take place in the name of away they are gone forever, and I will had a group of people who worked

VerDate Mar 15 2010 01:25 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.050 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H532 CONGRESSIONAL RECORD — HOUSE February 14, 2013 every single day of their lives and that, it probably is a good idea if they gress, reported that under could not afford health insurance. It pay for. I know one of the great points ObamaCare—PPACA, health care costs was not affordable for them. I would of my life were when my three children will increase and 7 million Americans see it in my community where you got out on their own and paid their will lose their coverage. These are the would have, let’s say, a carpenter who own health insurance. That was the facts, despite any State of the Union would work and during the winter they biggest raise I probably ever got, them rhetoric. didn’t get to work too much. They getting out of college and paying their Young Americans will also be se- would work and maybe make $20,000 or own health insurance. verely impacted with an exorbitant $25,000 a year. Their wife may work at But what happened was, the way the rise in health insurance premiums due a local diner, maybe, and make $20,000 bill was written, actuaries can no to a provision in ObamaCare. A lot of or $25,000. Together, where we live, longer charge the actual cost of that people are not aware of this, Mr. they could make $40,000 or $50,000, care. Let me give you an example. If a Speaker. This provision requires insur- maybe, in combined income and they person my age is out buying an indi- ance companies to reduce their rates could live okay. But they could not af- vidual policy, it will cost about six for seniors—a laudable goal. Premium ford a thousand dollars a month for times what a young person under 26 costs for individuals under the age of health insurance coverage. It was just pays because actuarially I’m much 40, though, are going to significantly out of their reach. And thirdly, we had more likely to need health insurance or rise to even out that balance. By lim- a liability crisis in this country. need my health care plan. This bill iting these—we call them age ban dis- So what did the Affordable Care Act only allows a 3-to-1. So that means a counts—that are called for in actually do? Well, it did increase ac- young person is going to pay two to ObamaCare, a 3-to-1 ratio. So someone, cess. But it increased access mainly, three times, that person out there pay- let’s say as an example, that is in their the best I can tell, through a massive ing for that health insurance coverage, very early sixties and they’re not eligi- expansion of a failed system called than they otherwise would have. ble for Medicare at age 65, and they al- Medicaid. The Medicaid system right I’ve had a good friend of mine who’s ready possibly have multiple systems now in this country is broken and in the health insurance market at diseases, as we say in medical parlance, needs to be reformed. We did not re- home, and for all three of my children and are on many prescription drugs, form it with this bill. So that’s one I bought them individual plans, and I expensive drugs—they’re a much great- thing it did. specifically remember exactly how er risk in regard to an insurance pre- Two, it did not touch liability. And much I wrote the check for. He said, mium coverage of busting the ceiling we can go into that a little bit later. Dr. ROE, I was having these plans for on that every year. But under But the liability crisis still exists. My about $100 a month, just a basic health ObamaCare it says their premiums can- State of Tennessee has done some- care plan. Some less than that, depend- not be more than three times the pre- thing, as has the States of Texas and ing on risk. Immediately after that bill mium of someone who is 28 years old, California. Other States have been suc- passed, those rates tripled—they were 10 feet tall, and bulletproof. cessful in liability reform. And that $280 a month. All of a sudden now, if As a result, these are some of the has helped. But the President was here you’re an individual, that isn’t afford- problems that that creates within Tuesday night. We were all sitting in able. Most people don’t have an extra these exchanges. It will absolutely dis- this Chamber. And amazingly, in the $200 or $300 right now in a tight econ- courage the younger people from buy- seat right below you here on the dais, omy to do that. So we’ve made it less ing insurance. They’ll pay the fine. the President said with a straight face affordable for a lot of young people. They will not pay those higher pre- that his bill, his Affordable Care Act, More accessible but less affordable. miums so that they stay within that 3- so-called ObamaCare, had lowered I’d like to introduce my colleague to-1 ratio. It will likely force young costs. I was astonished by that because and cochair of the Doctors Caucus and healthy individuals out of the insur- it clearly has not done that at all. And fellow OB/GYN physician from Georgia, ance market. That’s some of those 7 let me just go through a few things. my good friend, Dr. PHIL GINGREY. million we’re talking about that are I serve as the chairman of the Mr. GINGREY of Georgia. I thank going to lose their insurance because of Health, Employment, Labor and Pen- the gentleman from Tennessee for this. sion Subcommittee in the Education yielding to me. He has already alluded Let me just give a real specific, and and Workforce Committee. So if you to some of the things that I am going then I’ll yield back to the gentleman so have a private health insurance plan, to say in my remarks but the most im- he can yield time to our other col- that issue, that plan will come through portant thing that he stated: On Tues- leagues. For a 27-year-old earning my subcommittee. Let me just go over day night, President Obama stood here $33,500 a year, premiums are expected a couple of things that we found. We’ve in this Chamber and he gave his State to jump from $2,400 a year to almost had numerous hearings over the past 3 of the Union address and said: $3,200 a year. This is an outrageous in- years about this. And this is recent Patients enjoy stronger protections than crease in costs that young people can’t data right here. President Obama’s ever before. Already, the Affordable Care Act afford. If they get a job in this current health care law will push about 7 mil- is helping to slow the growth of health care climate where we’ve had 7.6 percent or lion people out of their job-based insur- costs. higher unemployment—the entire time ance coverage, nearly twice the current Well, President Obama obviously that President Obama has been in of- estimate. That was just in the last didn’t get the memo. We must not have fice—they’re not going to be able to af- week or two, that estimate, according read the same CBO report, Mr. Speak- ford these premiums. And they clearly to guess who? The Congressional Budg- er. ObamaCare is not slowing the are not going to pay for them. et Office. Not PHIL ROE and not some growth of health care costs. ObamaCare is negatively impacting the Congressman. But the CBO believes ObamaCare is driving up the costs, insurance market on two fronts: it that. So twice what they thought it jeopardizing insurance coverage, and forces rising premium costs on the would do. placing excessive burdens on small young, and it increases the total unin- Spending on health care is up. And businesses, limiting their potential for sured population, as I stated earlier. we estimate it’s as much as $4,500 per growth. So at this point I’ll yield back to the family since this bill has come into In 2010, President Obama and the gentleman from Tennessee and I hope play. That is not pushing the cost of Democrats assured us that their health to remain with my colleagues for the health care down. So we see that. And care law would lower costs, it would remainder of the hour as we continue one of the things that this bill did, I cover millions of uninsured Americans. this colloquy. think which was good and bad, Mr. Well, as Dr. ROE said, fast forward 3 Mr. ROE of Tennessee. I thank the Speaker, is we allowed millions of years and we have seen nothing but gentleman. young people under the age of 26 to be broken promises and this enormous I’d now like to yield time to my good on their parents’ health care plan. pricetag. Just last week, the CBO—the friend, Dr. ANDY HARRIS from Mary- That sounded like a good idea. And if Congressional Budget Office—the unbi- land. ANDY is an OB anesthesiologist. you have a mom and dad that paid for ased scorekeeper that works for Con- And I say this to my good friend: I

VerDate Mar 15 2010 01:25 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.054 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H533 spent a good bit of my adult life wait- ANDY; my health care costs or my in- simply cannot afford the medical mal- ing for anesthesia to put my patients surance is going down. It’s not, it’s practice premium. They may never to sleep so I could operate. So I now going up. have been sued in their life, and they yield to Dr. HARRIS. Let me address, because the gen- may have to pay over $100,000 a year tleman from Tennessee touched on it, just for the medical malpractice pre- b 1600 one of the problems that the President mium, never having been sued in their Mr. HARRIS. I want to thank the didn’t consider—tort reform. You have life. So what happens? They’re all gentleman from Tennessee and the gen- three physicians here, two of whom forced into large groups. tleman from Georgia. spent their professional lives in the Now, that same conversation, if my Following up on what the gentleman labor and delivery suite delivering ba- daughter now goes in to see an obste- from Georgia said, Mr. Speaker, the bies, practicing obstetrics. I practiced trician, that conversation would run President stood there and told America obstetric anesthesiology, do those like, You know, ma’am, you’re going to that health care costs have gone down. epidurals, those spinals, relieve women have to see everyone in the group dur- Now, I don’t know if the President has of their pain in childbirth. ing your pregnancy, and we have seven been in a pharmacy lately or been to Over my career, my generation—I or eight people in the group. So every the doctor or bought a health care in- finished my training in 1984, 28 years time you’re going to have to see some- surance policy lately, but the fact of ago. At that time, to show you what one else so that everyone gets to see the matter is the price has gone up—in the effect of not having tort reform is, you because we don’t know who’s going some cases, dramatically—and it’s the cesarean section rate for American to be there the day you deliver. going to go up more, especially for the women having a baby was 15 to 17 per- Now, is that good care? Is that a good young, who actually are the highest cent. One in six to one in seven women relationship that woman develops with her obstetrician when she doesn’t even percent of the uninsured of any age would have to have a cesarean section. know who’s going to be there to deliver group. Now, 28 years has passed. I don’t know her? In fact, she doesn’t even know who Look, it’s just the facts. Folks, when if the Speaker is aware, but the cesar- might see her the next time she’s in they’re 18, 19, 20, 25, they don’t think ean section rate is now 33, 35 percent, anything is ever going to happen to the office, one of the most important in some hospitals 40, up to as high as 70 times in her life. We have completely them, so they don’t buy a policy. And percent in some hospitals. That’s in the policies now, I sat down with some- changed the doctor-patient relation- one generation. ship because we don’t have tort reform one whose daughter was insured, and I will tell you, as a physician, not she had one of the HSA accounts, those in this country. much has changed to patients in one If it was just the rate of cesarean sec- health savings accounts, and $2,500 generation. What has changed is that tion doubling or just the fact that you goes into the health savings account. you don’t find an obstetrician who’s have to see seven or eight people and The first $2,500 she would pay, and willing to take the risk of doing a de- you don’t really know who’s going to above that, the insurance would kick livery in a high-risk patient, a normal deliver you on a given day, we might in. It was an affordable policy. It used delivery, because of the medical mal- accept that, but it goes beyond that, to be less than $100 a month. Imagine practice exposure—not that they would Mr. Speaker. Because what’s happened that, $100 a month, guaranteeing that commit it, but they would be charged now, a good, highly trained obstetri- young person, God forbid they get into with it, that a baby doesn’t come out cian stops delivering babies in their a bad accident, God forbid they develop perfect, because that’s the way the forties or fifties because they have de- a tumor at an early age, they have cov- world is. Yet they would be charged, veloped their practice, they have seen erage for the really expensive things brought into a court of law, and lose those patients. They just take care of that you may need. That was afford- millions of dollars in a settlement. So their gynecology problems and they able. I think most people would say $80 what do they do? They choose, when spend the last 20 years in their career a month is affordable. there is any question, to do a cesarean not delivering a baby. Having delivered That policy went up to $110, and this section, and who can blame them to do them for 20 years, gaining all that ex- time the renewal was 22 percent more it. perience, the most experienced obste- than that. And it’s going to get worse Mr. Speaker, those women who are tricians don’t deliver our babies any- because the President now, in the Af- watching, they know exactly what I’m more. And why don’t they? Because if fordable Care Act—ObamaCare, as he talking about, because they know if it they stop delivering babies and promise prefers it to be called—actually re- was their daughter or granddaughter or their insurance company they will not duces the amount that those health a friend of theirs, they all know some- deliver a baby, all of a sudden that savings accounts can hold. It’s now one who has had a cesarean section. If $100,000 premium becomes $20,000. If limited to $2,500. You can’t get your the women who are in the audience you were in your forties and fifties and premium lower by saying, Okay, I’ll now think back to one generation ago, could afford to do that in your prac- take a little more risk, increase my it was much more rare. So what’s hap- tice, you might say, You know what; it health savings account. So those costs pened? We haven’t had tort reform. makes sense for me to stop doing this. are going to skyrocket. And when they But that’s not all. By the way, the So when you add up all the things skyrocket, the gentleman from Georgia cost to the system is billions of dollars that have happened because the Presi- is absolutely correct, a young person is a year for those extra cesarean sec- dent, in his Affordable Care Act, re- going to say, I’ll pay the penalty. tions, billions of dollars direct cost to fused to have real tort reform—and it’s So a young person who may have had the health care system. possible, because it happened in Cali- insurance before because it was only If that was all, we’d say maybe we fornia. I mean, there are areas in the $80 a month—and it protected us from can tolerate that, a doubling of the country that have it. But nationally, having to pay for those medical costs, rate of cesarean sections, but that’s he refused to have it—and the gen- God forbid that young person had a not all. When those women go to see tleman from Georgia is very familiar catastrophic illness or injury. That their obstetrician now, one generation with this because his bill deals with person is going to make what looks ago when I started, when I had my first this. Because of that, we have a cesar- like a logical choice now and say, You child, my wife went to an obstetrician. ean section rate that’s twice as high as know what; I’ll pay the penalty and It was a solo practice. And that obste- it ought to be, and some people will drop my insurance. It’s going to have trician apologized to my wife and said, tell you it might be three or four times exactly the opposite effect of what was You know what, I’m sorry, but every as high as it ought to be. We have intended, and predictably so, when you other weekend someone may have to women who never develop a close doc- force those premiums up. cover my practice, so I may not be able tor-patient relationship with their ob- Again, the President stood here and to guarantee you that I’m there with stetrician because you really can’t. I said that health care costs went down. you at your delivery. mean, you’re seeing a group of seven or I’ve got to tell you, I still have yet to Let’s fast-forward one generation, 28 eight purely because the malpractice run into someone at one of my town years. You can hardly find an obstetri- premiums are now spread out. Fre- hall meetings that says, Good job, cian in solo practice anymore. They quently, somebody else even pays.

VerDate Mar 15 2010 01:25 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.055 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H534 CONGRESSIONAL RECORD — HOUSE February 14, 2013 They may be part of a hospital group, best practices are for our specialty. It’s do it. Less than 40 cents on the dollar for instance. based on science by the best and that we paid in for 35 years has actu- Finally, our most experienced physi- brightest. And, yet, this law may ask ally gone to people who have been hurt. cians for women in a time—you know, us to do something that goes against That’s a terrible system. We need a you talk about taking care of children. that. better system. You’ve got to start right at the begin- I have introduced a bill, Mr. Speaker, As Dr. HARRIS pointed out, when I ning. You’ve got to have the most ex- to protect our physicians. If they are started my practice, my malpractice perienced person there. See, I’ve been following the guidelines of their spe- premiums were $3,000 a year. Five at thousands of deliveries. cialty, or, on the other hand, if they’re years ago, when I left, a young physi- following the guidelines of the govern- cian who replaced me was paying b 1610 ment that some government bureau- $7,400. And guess what? The patients Ninety-nine percent of the time they crat says is the best standard of care, if didn’t get better quality and better ac- go all right. But when they don’t go all they’re doing that and they have a bad cess. They just got higher costs. So right, you want the most experienced outcome, this provider shield would that’s why we need to address that person there. And, Mr. Speaker, our protect those physicians from liability. issue. I think you’re spot on, Dr. HAR- lack of tort reform means we no longer It’s something that’s desperately need- RIS. I yield to the gentleman from have it. We have entirely changed the ed because of this law. Maryland. way we deliver obstetric care. So if you There is another bill that I have in- Mr. HARRIS. I thank the gentleman even said, look, we’re not even going to troduced called the SCOPE Act. SCOPE from Tennessee for yielding. To follow worry about costs, let’s not talk about is an acronym for the Safeguarding up on his point, Mr. Speaker, I don’t costs, let’s talk about access to experi- Care of Patients Everywhere. What know if Americans realize, the gen- enced, personalized care for our women would prevent the Secretary, Ms. tleman is absolutely right. If you have having babies, it’s virtually gone be- Sebelius, or whomever, from saying a case litigated, a birth injury claim, cause the President and our counter- what qualifies a physician to be on a and it goes to a jury and there’s an parts across the Capitol in the Senate provider group in one of these ex- award, let’s say, of $6 million—not an refuse to take up the issue of tort re- changes? Is it what she says or what unusual award—40 percent of that form and restore some commonsense, their specialty society says? award, $2.4 million plus expenses, goes good medical care to Americans. So, again, these are things that we’re just to the attorney. Is that fair? You Obstetrics is an example. We could go working on very hard to correct, I have an injured baby—and we’re not into neurosurgery and many other ex- think, a very bad situation. We mem- going to decide what the injury is. But amples, and I’ll leave it with that. We bers of the Doctors Caucus, we on this is it fair that when the court renders a have so many opportunities to reduce side of the aisle will continue to fight decision that half the money doesn’t go the costs and improve the quality and for that. I thank the gentleman. to take care of that baby? It doesn’t access to medical care, and it was lack- Mr. ROE of Tennessee. I thank the seem fair. ing in the State of the Union Address. gentleman for yielding. Just to carry I want to briefly go back to some of Mr. ROE of Tennessee. I thank the on with what Dr. GINGREY and Dr. HAR- the issues in the Affordable Care Act. gentleman for his comments. I felt a RIS have brought up, let me share with One that really struck me is the med- little deja vu there, Dr. HARRIS, after you about affordability. When Dr. HAR- ical device tax. Now, I know the Presi- walking out of the delivery room after RIS was talking about young people, dent likes taxes. There are 21 in the Af- about 5,000 deliveries for some of the it’s obvious that the President—I don’t fordable Care Act. He stood up there 2 very reasons that Dr. HARRIS brought know who writes the check for health days ago and talked about taxes, in- up. I’d now like to yield to my friend insurance in his home, but he hasn’t creasing taxes as a solution to our from Georgia, Dr. GINGREY. looked at the check, whoever is writing problems. But let me tell you what the Mr. GINGREY of Georgia. Mr. Speak- it, if he hasn’t figured out that costs problem with that medical device tax er, the gentleman from Tennessee is have gone up. is. And I’m going to hearken back to generous with his time. I did want to Dr. HARRIS, I may be a little more my experience, again, over 28 years. I follow on to what the gentleman doctor than a generation past where you are, remember training in the early from Maryland is just talking about in but when I left, when I quit operating eighties. Some of the people watching, regard to tort reform. Yes, he covered and doing obstetrics, I had an 8 percent Mr. Speaker, might know if they had a that very, very clearly and pretty com- primary c-section rate. You’ve seen kidney stone 30 years ago and had to pletely. that. And why did that happen? When I have an operation for that kidney But there are other things in this came back from the Army to Memphis, stone just how serious that was. And I law, the so-called Affordable Care I trained at the University of Ten- remember, I did anesthesia for many of Act—well, Patient Protection and Af- nessee in Memphis. I had 2 years of them. There were big incisions on your fordable Care Act. And, yes, I think training, and then I had to go in the back, on your side, a week in the hos- President Obama proudly likes to have military for 2 years and came back and pital, and you could get infections from it called ObamaCare. Maybe he hopes finished my training. All the mal- it. It was a terrible experience if you that one day that will be his legacy. practice carriers left the State of Ten- needed an operation to remove a kid- There are provisions that, particularly nessee. In 1975, they all left. So the ney stone. in these exchanges that are being set doctors and the Tennessee Medical As- So 2 years ago, I had the opportunity up in all 50 States, the States that are sociation set up an organization called to work in one of the urology operating doing it, the territories and the Dis- the State Volunteer Mutual Insurance rooms. It was a kidney stone removal. trict of Columbia, that basically say Company. This insurance company was And here I’m going, wow, I haven’t what best practices are for the dif- a mutual company, so money that we seen one in a while, I’m going to give ferent physician specialties, including didn’t pay in came back to us at the the anesthesia for it, I’m going to pre- the specialty of obstetrics and gyne- end of a year. It wasn’t owned by some pare for a big operation. The surgeon cology which Dr. ROE and I practiced stock-traded company. Strictly, it was said, no, no, no, no. We’re doing this many years. But in these descriptions just to give us malpractice liability in- with a laser. I said, a laser? That kid- of what’s the best practice for a gen- surance coverage, which I’ve kept until ney stone is deep inside. It’s inside eral surgeon or an internist or a pedia- this day. your body. He said, no, you’ve got to trician, in some cases, they’re not a In the entire time that that company see what we got. carbon copy of what our specialty soci- has been in existence, over half the They brought a laser machine in, and eties recommend. The American Col- malpractice premium dollars have not I apologize I didn’t bring a sample of lege of Obstetricians and Gyne- gone to injured people. They’ve gone to these catheters. It’s a catheter, a wire cologists, as an example, does a won- lawyers, both plaintiff and defense law- that’s about a yard long, and it’s fiber derful job of making sure that each one yers. What a terrible system that is; to optic. Oh, my gosh, it’s thinner than of their members gets a monthly bul- try to compensate someone who has ac- the lead in a pencil, and it’s flexible. letin and current updates on what the tually been injured, we have no way to They thread this up—and I won’t go

VerDate Mar 15 2010 01:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.057 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H535 through the exact anatomy—they If you want more of something, subsidize they put in this formula that’s called thread it up to where that kidney stone it; if you want less, tax it. SGR, sustainable growth rate, based on is. They fire a laser through this, and That’s a fairly simple concept. some calculus. But it was flawed. It they break the kidney stone up into Back to the initial problem we have was flawed badly. And for the last, I tiny little pieces, or evaporate it, and in health care, which is cost. Let me would say, 10 years, when you calculate it just comes out. There’s no incision. just go over a couple of things, and not that formula for the expenditures for These patients go home the same day. just behavioral things. In a recent Gal- doctor fees for the previous year, the lup survey, the top concern cited by b 1620 formula would call for a cut of 1 per- small business owners was rising cent, 2 percent, 4 percent. Over those 10 Why? Because of medical innovation, health care costs. Remember, the years, it’s up to 26.5 percent. Well, because some company took a risk to President stood right here—and I lis- thank goodness Congress, we Members develop that laser product. I tell you, tened to the debate and so did Dr. of Congress on both sides of the aisle, it’s not cheap. I’ll also tell you it’s a GINGREY—for hours on end about how have the ability to mitigate that; and whole lot cheaper than several days in this was going to lower the average we have done that because we know the the hospital. person’s health care insurance pre- formula is flawed and it needs to be re- The President stood there and said, mium by $2,500 a year. Remember that? pealed and replaced. Yet we have not We don’t want to pay by the hospital You remember that, Dr. GINGREY. I been able to do that. day; we want to pay by the quality. Let heard it over and over right in this well I’ll tell you this, though: in this me tell you something: if I have a kid- and right at this dais. Guess what? Ex- House of Representatives, in this 113th ney stone, my hand is going up for that actly the opposite happened, which is Congress, with Republican control newest method because it’s the quality exactly what we predicted would hap- under Speaker BOEHNER and Leader method. What does the Affordable Care pen. It did not bend the cost curve CANTOR and committee chairmen like Act do? It taxes it. If that person had down, and it’s making it less successful FRED UPTON in Energy and Commerce the old operation, there’s no taxes in- and affordable for people. and DAVE CAMP on Ways and Means, we volved; but if they have that new de- Anyway, on with this Gallup survey. are going to fix that flawed formula vice, there’s a tax on it. So three-fourths, 74 percent, of re- once and for all. We’re not going to I learned in the legislatures that spondents reported that rising health keep putting Band-Aids on it, miti- there’s a saying that if you want to dis- care costs were hurting their busi- gating a little bit at a time, and kick- courage something, tax it. We have nesses; and 61 percent of small business ing the can down the road. That is our these arguments over tobacco. You owners, who are not hiring, point to pledge to the American people. want to discourage tobacco? Let’s tax worries about potential costs of health I hope our colleagues in the other it. Most States have taxed it, the Fed- care as a reason for why they’re not Chamber, controlled by the Democratic eral Government taxed it, and sure hiring. That ought to be a clear signal Party, will go along with us on this be- enough we have less. I don’t under- to everyone here that we need to deal cause what we realize is that all of the stand. Is that the same thinking we with costs. doctors in the House and in the Senate, have about innovative medical devices? What I should have stated at the out- they understand that if you enact Are they all of the sudden not a good set of this hour is what we do not need those cuts that will come due again at idea? That’s exactly what this bill to do. Health care decisions should be the end of this year, almost a 30 per- does, it taxes them. made between physicians, the family, cent cut in what you reimburse for One of two things is going to happen: and that patient. That’s who should be Medicare providers, then there will be either that tax is going to be passed making them. It should not be insur- no doctors. People will have a Medicare on—because that’s what businesses do: ance companies and certainly not some card, but they will not be able to find when you tax businesses, they pass bureaucrat here in Washington or some a physician to take care of them. them on—or we won’t innovate as policy wonk up here that thinks they This ObamaCare bill did nothing ex- much. That would be a disaster because know what’s best, as Dr. HARRIS just cept, in fact, enact a provision, which I the key to improving our health care pointed out what is best for that pa- know my colleague from Tennessee quality, going into the future, espe- tient. He saw and he knows what’s best wants to talk about, that makes it cially with American ingenuity and in- because that’s what he’s done for the worse, that doubles down on it. We novation and expertise, is innovating. last 30 years. need to repeal SGR and figure out a We’re taxing innovation. It makes no I think our cost issue is clearly what better way to reimburse, to pay physi- sense, Mr. Speaker. we’re not dealing with with this care. cians based on quality of care, rather I hope we move a bill through this Are there good things in this bill? than volume. I think that’s a good Chamber to remove that taxation. It’s Sure. There are things in here that I idea. But there’s a provision in a very bad idea for the quality of like in the Affordable Health Care Act, ObamaCare that could trump all of health care in the United States be- and we can talk about that. that and make all of our efforts in that cause some of these new products, Dr. GINGREY, I would like to yield to direction go for naught. whether it’s for treating diabetes or you at this point. So I want to end here so the gen- whether it’s for treating kidney stones, Mr. GINGREY of Georgia. Again, I tleman from Tennessee can explain are amazing new technology. thank the gentleman from Tennessee what I’m talking about because he has Mr. ROE of Tennessee. I think we all for yielding because I wanted to follow the repeal bill for that. could stand here for hours talking on in this line of discussion with regard Mr. ROE of Tennessee. I thank the about—I certainly could—the innova- to costs. gentleman. tive new devices that I’ve used through The way doctors were paid by Medi- I do want to say to the American laparoscopy that have helped patients care in 1965 was, to my understanding— people that 47 million people, including shorten their length of stay, shorten I think I’m correct on this—just like Dr. GINGREY and I, are on Medicare. their pain. I hope we don’t go into the private insurance: an 80/20 indemnity We made a solemn promise to our Middle Ages of health care in tech- kind of coverage, and the cost was ac- seniors in 1965. When that program nology because we could spend literally celerating. came out, it was a $3 billion program. hours talking about what we’ve seen. Then in 1998, I believe, the Balanced Why was it put in place? Because many We’re the place in the world that peo- Budget Act of 1997 put in this formula people retired from their business at ple come for this. to control Medicare spending, particu- that point in time, they no longer Before I go back to costs, the esti- larly the spending that goes to the worked, and they had no access to care. mates are that this device tax will cost health care providers, which by the Again, lack of access to affordable 43,000 jobs. The fear is that we’ll start way is only about 12 percent of total health insurance. producing these offshore and lose jobs Medicare spending. It was a $3 billion program. There in this country. That makes no sense In any regard, that seemed to be the was no Congressional Budget Office at whatsoever. Actually, it was Dr. Mil- greatest concern, controlling how that time, but the estimators here in ton Friedman who said: much the doctors were getting paid. So Washington said we believe in 25 years

VerDate Mar 15 2010 01:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.059 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H536 CONGRESSIONAL RECORD — HOUSE February 14, 2013 this will be a $12 billion program and not me saying this—whether this goal wouldn’t you just have a health insur- maybe even balloon to $15 billion. The is achievable to maintain these cuts, ance plan that offered you those var- actual number in 1990 was $110 billion. noting that the IPAB-targeted growth ious options in your plan? You should Today, in 2013, it’s going to be over $550 rates would have been met in only 4 of be allowed to pick what’s in your best billion. the last 25 years and would have ap- interest and need. Now, we’ve made a solemn promise to proximated the sustainable growth Remember, in the Affordable Care people who paid premiums—2.9 percent rate, meaning that a cut would happen. Act, the Federal Government now de- of their income, basically. The em- We have almost no power to change cides what’s an essential benefits pack- ployer pays 1.45, and they pay 1.45. Of this. age. You don’t make that decision with all the income you make, all of your Now, here is what I found inter- your family and your doctor. A Federal paycheck goes to that. esting. In the bill, it’s absolutely cor- bureaucrat makes that decision—what b 1630 rect that you can’t ration care, that you must buy, a good or a service that you can’t do any of those things. you must purchase. One of the things that we’ve discov- That’s maybe true, but if patients Some of the facts I’ve mentioned al- ered and found out is that we pay in, as don’t have access to their doctors, you, ready about Medicare, and one of the I have—as the average person does— in effect, have rationed care. It’s that things that we have to do, I think, in about $117,000 or $118,000 over a life- simple. Medicare—and I know my colleagues time, a family does, but they get out This is what Peter Orszag said, the will confirm this—is that, currently, over $300,000 in services. So we know former Office of Management and one in 10 physicians is not accepting we can’t pay $100,000 in and get three Budget Director here in the Obama new Medicare patients. In some areas, times that much service out. What are White House: it may be as many as three in 10 pri- the reasons? It’s the same issue with The IPAB is the single biggest yielding of mary care or as many as half won’t. We Social Security. We have fewer and power to an independent entity since the cre- have a huge shortage of primary care fewer people paying in and people liv- ation of the Federal Reserve. physicians in this country. We know ing longer and longer and longer. By That is an astonishing statement that the hospital insurance trust fund the way, each day in this country, over when you hear it. That’s one of the rea- is insolvent. It may run out of money 10,000 baby boomers hit age 65. That’s sons I’m so passionate about maintain- as soon as 2016. 3.5 million people a year who are get- ing the decision-making power with pa- I yield to my colleague, Dr. HARRIS. ting to be about 65 years of age. tients and with their families and their Mr. HARRIS. I thank the gentleman You have to laugh at the lingo up doctors and not with some bureau- from Tennessee for yielding. here, when ‘‘savings’’ means that you cratic board up here and also, cer- The gentleman is absolutely correct. take money out of something and when tainly, not with the insurance compa- We made a promise to our seniors. To an ‘‘investment’’ means you spend it nies. I agree with that. the people who’ve worked all their into something. So you have to learn Another comment that I’ve seen lives, we made a promise that we’re the language up here to understand made: going to take care of you, but we have what people are talking about. The Independent Payment Advisory Board to be honest with how long we can do About $700 billion was taken out of puts important health care payment and pol- that. What are we going to do for my the Medicare program—savings—and icy decisions in the hands of an independent children? for people who are in their we’ve got 3.5 million more people being body that has far too little accountability. twenties or thirties? How are we going added every year. Well, you do the That’s one of the things. You may to preserve that system and preserve math. How they were going to control like it or not, but we in Congress have their ability to choose their physicians this cost was with a little plan called been able to change these things, and it and allow their physicians to choose the Independent Payment Advisory would require 60 votes in the Senate to what’s best for them? Because that’s Board. What that is is a board of 15 do it. Quite frankly, with my good really what’s critical, that we preserve unelected bureaucrats who are ap- friends on the other side of the building that in the system. pointed by the President and confirmed here, you couldn’t get 60 Senators The gentleman is right. For the sen- by the Senate. Here is a little tricky hardly to agree whether the Sun came iors who are watching this afternoon, part of the legislation. The President is up in the east, so the benchmark is they know that, in many parts of this supposed to be appointing these people very, very high. country, if their primary care pro- this year. If they are not appointed to Mr. Speaker, how much time do I viders, their internists, their family that board, one person—one—the Di- have remaining? doctors retire or move to other States, rector of HHS, Kathleen Sebelius, has The SPEAKER pro tempore (Mr. it’s going to be hard to find someone, the power to enact all this. We have MULLIN). The gentleman has 8 minutes not because doctors don’t want to take given that bureaucratic power to one remaining. care of Medicare patients. We all do— person if those members and that board Mr. ROE of Tennessee. I want to fin- we’ve taken care of thousands of them are not confirmed. Most people don’t ish by spending the last little bit of in our lives, in our professional ca- know that. time on Medicare. It is such an impor- reers—but the fact of the matter is I’ve heard all the pros about how tant part of our health care system. I that, every year, the government wonderful this is. I go back to my want to strengthen this program—and I threatens to cut the reimbursement, scholarly journals, and I want to refer certainly know the folks on my side of the payment for services, by 25 percent, people to the New England Journal of the aisle and, I think, on the other side and it hasn’t had an increase for infla- Medicine. An attorney in the New Eng- of the aisle want to—for future genera- tion in 10 years. land Journal of Medicine, Timothy tions. We’ve made a promise to our This kind of uncertainty means that Stoltzfus, wrote an article in June of citizens in this country that when they we may end up looking like the other 2011, not pro or con, but just about the are at retirement age they’ll have at program the Federal Government runs, Independent Payment Advisory Board. least an affordable health insurance Medicaid, where the statistics are dire In addition, my friend Dr. GINGREY product available to them. and where fewer than one-half of spe- just said—and he is absolutely cor- Let me tell you, the funny thing I cialists can afford to see a Medicaid pa- rect—that Congress changed this pay- found out about myself when I turned tient because the government simply ment to doctors, the so-called SGR— 65 was, the day before, I had a health has decided we’re just not going to pay. the sustainable growth rate—so that insurance plan. It had a prescription It’s where fewer than half of the pri- patients would maintain their access drug benefit plan; it had a hospitaliza- mary care providers don’t see Medicaid to their doctors. We’ve had a retrospec- tion part; it had a part that paid for patients because the government has tive look at the last 25 years. Let’s say my physician services. The day I said we just can’t pay, and we’re not we fix SGR, like we’re talking about, turned 65, I got a part A, a part B, a going to. It’s where hospitals now are so that patients maintain their access. part C, and a part D I could have. Well, wondering how they’re going to staff In a retrospective look in his report, nothing happened except I got 1 day and how they’re going to keep up with the CMS actuary questioned—this is older. Why, when a person turns 65, the best medical equipment and the

VerDate Mar 15 2010 01:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.061 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H537 best medical delivery because they’re Mr. Speaker. We will continue this And so whether it was ordinary Mem- afraid the government is not going to very, very important discussion on bers of Congress who just brought dif- pay. Who can blame them? Every year, Medicare in the future, and I yield ferent people, or it was the President the government threatens to cut the back the balance of my time. or the First Lady, the people who can pay to our seniors’ doctors 25 percent, f speak most eloquently about the need and, every year, the government for sane, sensible gun violence reform PROGRESSIVE CAUCUS MESSAGE threatens to cut the pay to our hos- were here, Mr. Speaker. They were here pitals that are taking care of our sen- The SPEAKER pro tempore. Under and were present in this gallery so they iors. Every year, this goes on. It has to the Speaker’s announced policy of Jan- could be a witness and a presence on stop. uary 3, 2013, the gentleman from Min- the need. I hope the Speaker and the gen- nesota (Mr. ELLISON) is recognized for And what did President Obama say? tleman from Tennessee will agree that 60 minutes as the designee of the mi- He said give us a vote. He said give us we have to address this seriously, hon- nority leader. a vote. Now, I say to the Republican estly, with a view to two things: pre- Mr. ELLISON. Thank you, Mr. House majority: Why are you afraid of serving the benefit for people who are Speaker. a vote? Let’s have a vote. Let’s count in retirement and keeping the system Mr. Speaker, my name is Congress- who is for sane, sensible gun violence going for every American. An Amer- man KEITH ELLISON, and I would like to prevention and who is not; who is for open up by talking about the progres- ican born today, February 14—a child closing loopholes that allow people to sive message. The progressive message born today—should have a system that escape background checks; and who’s is the message articulated by the Pro- he knows is going to be there, not for filling up background checks and gressive Caucus, and the Progressive bankrupt, but a system that’s there making sure that anybody who gets a Caucus is that organization within this when he reaches those golden years, firearm, an instrument that is dan- body, within this Congress, that is here and we can do it if we all work to- gerous by any account, at least we to unapologetically say that all Ameri- gether. know that this person is sane and le- cans should have the right to go to the I was hoping I’d hear more from the gally qualified to have one. Let’s see. doctor and get basic health care in this President. I didn’t. The President is Let’s have a vote. I don’t think that richest country in the history of the still not willing to come and talk about anyone should be afraid of the vote, be- preserving Medicare, because, Mr. world. All Americans should have civil and equal rights and be treated fairly cause if you are proud to say, no, we Speaker, you know that the trustees don’t want any background checks, have said it goes bankrupt in 10 years. based on whatever color, whatever their sexual preference might be, what- then stand up and say that. Be on Mr. The current system will not be there LaPierre’s side of the NRA. But if you for everyone retiring. The 10,000 people ever nation they might be from. We’re the ones who say let’s have believe we need to make sure that guns retiring today, February 14, enter stay out of the wrong hands, that’s a Medicare. That system will not be comprehensive immigration reform vote that the American people should there in 10 years. It will be bankrupt. with a path towards citizenship, and have, and I was so proud that the Presi- So the current system doesn’t even let’s absolutely pass the DREAM Act. The Progressive Caucus is that caucus dent made that clear. protect our current seniors, much less I personally think that the President a baby born today. that boldly and unapologetically says Social Security, Medicare, and Med- was right in saying give us a vote when b 1640 icaid are great programs; and we need it comes to things like high-capacity We have to deal with it. Mr. Speaker, to protect them not only for today’s magazines. You know, these high-ca- I urge the President to step up to the seniors but for tomorrow’s seniors, too. pacity magazines, designed for the plate, be serious. Our colleagues on the I would like to start out, Mr. Speak- military, don’t have any place on our other side of the Capitol, step up to the er, by talking a little bit, as I talk streets. And the people who want to plate. This program is too important to about the progressive message, start- stand up and defend them, let them de- let go bankrupt within 10 years. ing out with just a few observations fend them. Let them defend them right Mr. ROE of Tennessee. I thank the about the State of the Union speech. I here on the floor if they have the au- gentleman. He is absolutely spot on. personally thought the State of the dacity to do so. And let us talk about One of the reasons that he ran for Con- Union speech was awesome. I thought millions of Americans, over the course gress and I ran for Congress is to pre- President Obama was great, and I was of years, who have been tragically in- serve this great program for our sen- really proud of President Obama as he jured and hurt with bad gun policy. iors out there, and I am absolutely delivered that State of the Union Let us talk about the victims in Au- committed to do it. speech in this very Chamber. rora who were shot by somebody with a Let me give a couple of facts before This Chamber was full of dignitaries high-capacity clip. Let us talk about we end up. The actuary of the Medicare from all over the world—ambassadors, people who were victims in Milwaukee. program—this is not me, this is the Senators, the United States Supreme Let us give the message about the folks Medicare actuary—said that congres- Court. And in front of them, in front of who were shot down in Tucson by sional action will be required to ensure the American people, President Obama somebody with a high-capacity clip. that our seniors have continued access specifically identified 24 Americans The fact is that the President said to care. In May 2012, he said it is rea- who joined Members of Congress as give us a vote, and I agree 100 percent. sonable to expect that Congress would their guests. And these folks who We need a vote on these sane, sensible find it necessary to legislatively over- President Obama identified were vic- gun reforms. ride or otherwise modify the reductions tims of gun violence. I was so proud to I’m going to leave this topic now, Mr. in the future to ensure that Medicare see President Obama specifically give Speaker; but I do want to just make beneficiaries continue to have access these folks encouragement to keep on mention of my own guest. My own to Medicare services. speaking out, continue to tell their guest was a young man named Sami This is not some right-wing Repub- story so that we can arrive at a place Rahamin. Sami, 17 years old, a bril- lican, this is the Medicare actuary, and where the U.S. Congress will be on liant young man, but really just a reg- we’re not even talking about it. We their side to bring forth sensible, sane ular teenager, he happened to be on a have heard nothing from the President gun violence prevention. bus going to Madison, Wisconsin, when about how we preserve this great pro- You know, President Obama’s wife, he saw a message come across his gram other than we just keep doing our First Lady, Michelle Obama, had phone which said there was a shooting what we’re doing. That’s not an honest, seated next to her her own guest, par- in what he knew was his neighborhood. fair assessment of where we stand ents of young Hadiya Pendleton whose He texted back to his father and said: today. The sooner we deal with it, the life was taken away from her. She was Dad, be careful because there’s sup- more likely we are to come to a less shot down in Chicago. But only a few posedly a shooting in the neighbor- painful solution to this. weeks before, she had been performing hood. But the text never came back be- I do want to finish by saying that I for her country at the President’s inau- cause one of the victims of that shoot- appreciate the hour you’ve shown us, guration. ing was Sami’s dad.

VerDate Mar 15 2010 01:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.063 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H538 CONGRESSIONAL RECORD — HOUSE February 14, 2013 Ruvin Rahamin was an immigrant to philosophy is simply this: if we give a eral Government, then that’s going to the United States. He came to the lot of money to the richest Americans, make our economy better. All it’s United States in search of the Amer- maybe they will take their excess going to do is create a situation where ican Dream, but he died the American wealth and put that into plant and you’ve got more people out of work, nightmare because a person who is equipment and hire people. fewer people paying taxes, fewer people mentally unsound, mentally unstable, This is known as supply-side econom- putting in tax revenue, and then the easy access to the most dangerous ics. We don’t want to have any regula- deficit will go up. weapons came to a work site and shot tions on them. They can do what they I’m going talk about the sequester in down five people, including Ruvin who want with the water, they can do what a moment; but I just want to say, as I was an awesome guy, a wonderful con- they want with the meat, they can do highlight a few things about the State stituent of mine. He’s missed. But be- what they want with the air. No regu- of the Union speech, how important I cause of his son carrying on the legacy, lations or against regulations. We thought the President’s remarks were. he will never be forgotten because don’t want to tax them. They don’t Let me turn for a moment—another Sami is telling the story about how have to pay for our roads, our bridges, thing about the State of the Union much we need sane, sensible gun pre- our schools; they don’t have to do any- speech—Mr. Speaker, on the issue of vention measures. thing like that. They get to keep all Social Security, Medicare and Med- So enough about the gun issue. The this money. And it’s all under the as- icaid. First of all, I want to encourage State of the Union speech was awesome sumption that they will take this people to not refer to these programs for another reason, which I definitely money that they amass and put it into as entitlements. I don’t even like doing want to make note of, and that is the plant and equipment and hire people. it myself right now. fact that he went right to the very Well, this philosophy has proven to What they really are is social insur- heart of what I believe is the defining have failed; this philosophy has caused ance. You know how insurance works. issue of our time, and that is income income inequality in America. And the You pay a premium and then when you and wealth equality in our country. President correctly said that we have need it, you can use it. Well, you get 6 Our country, this is the land of oppor- got to do something to create more percent taken out of your paycheck tunity. And we know that some people economic viability for the poor and every week or two weeks or a month or are rich and some people are middle middle class in America. I was so however often you get paid. You’re class and some people are poor. We be- happy to see him do it. paying into Social Security, you’re lieve we’re a country that can provide Mr. Speaker, you should know, the paying into Medicare, you’re paying a ladder up for anybody who wants to President didn’t say this, but it’s abso- into Medicaid. work hard. And for those people who lutely true, that the wealth of the rich- The bottom line is these social insur- are too sick to work or too aged to est 1 percent is over 225 times larger ance programs are not some giveaway; work or too young to work, we believe than the average household, higher they’re not welfare. They are impor- in the social safety net to take care of than it has ever been, higher than it tant social insurance programs to pro- them. has ever been. vide income security for people when Mr. Speaker, we look back at the they are aged, when they are too ill to b 1650 Gilded Age and we think, oh, boy, work and disabled, or when their par- We believe in income and economic wasn’t income inequality bad way back ents die and they need support. That’s mobility in America. And yet the then. Well, it’s worse now. We’ve got to what these programs are about. President put his finger right on it do something about it, and our Presi- I’m glad that we are here to talk when he talked about how we’ve seen dent knows that. I am very pleased to about how we preserve these programs. people making $14,000 a year working see that. And the President, while he The President mentioned it. He said he full time; but because they are paid so gave a message of economic hope and wanted to strengthen Social Security, little, they are still in poverty. understanding to the working and mid- Medicare, and Medicaid for generations I was so proud the President made dle classes of our country, the politi- to come. I quite agree with this. He this point. It’s a point that needs to be cian who gave the alternative, Mr. said: made. There are people working in res- MARCO RUBIO, when he wasn’t getting But any reform should come through pro- taurants, people who are cleaning up, glasses of water in the middle of his tecting these programs, not just cutting people in our hospitals, people who are speech, he just really articulated the these programs to finance tax cuts for the doing the really tough jobs. I’m talking same old thing: money for the rich, less wealthy. about the jobs where you’ve got to for everybody else. I believe that we should not have any take a shower after you get off work, Mr. Speaker, we cannot continue to benefit cuts to these programs. We not take a shower going to work, give tax breaks to millionaires and bil- don’t need to. There’s plenty of places you’ve got to take one when you’re lionaires while cutting investments to cut, plenty of loopholes to close, and done with your day’s work because that the middle class relies on, while we can get money elsewhere. But I’m you’ve been working hard, you’ve been cutting programs that help local gov- glad the President made mention of the building things, you’ve been maybe ernments keep on police, keep on program. cleaning up things, you’ve been lifting teachers, keep on people who fix our I also want to mention, Mr. Speaker, people, you’ve been doing the hard roads and firefighters. We cannot cut that one of the places we can find sav- work. And many of these folks are the Federal workforce, as is about to ings for social insurance programs is scraping by on really low wages. The happen—I’ll talk about sequester in a we need to allow Medicare part D to President clearly has a heart for these little while—and we cannot make these negotiate lower drug prices. Medicare folks and wants to see them come up. economic decisions and hope to have a part D is a prescription drug benefit And I was glad the President was able strong economy. that the Republicans negotiated and to do that. We’ve got to invest in our roads, our passed in 2003. This particular program Mr. Speaker, you should know that bridges, our grids, our electrical power put into law that there could be no ne- over the past 30 years income for the grids in transit to move people around gotiation of drug prices. This has made average American has stayed flat, quickly. We’ve got to make these in- the program more expensive. About while the richest 1 percent of Ameri- vestments. We’ve got to invest in re- $158 billion would be attainable as sav- cans have seen their income more than search; we’ve got to invest in our ings if we were allowed negotiation. triple. This has not happened by acci- schools. This is what’s going to make The President also said we’re going dent. It has been a set of policies put in America a strong country. This is to get out of Afghanistan. I think this place through the Tax Code, through what’s going to put more people to is great. The President announced that trade policy, through the loss of manu- work. More people paying taxes means we would bring 34,000 troops home from facturing, and a number of things. we’re going to have more taxes, and Afghanistan by this time next year. There’s been a number of policies that will help us lower the deficit. That’s fantastic. My own son is a mem- that have gotten us to this place, but The Republicans have it all wrong. ber of the U.S. Military. I’m very proud there’s been one philosophy, and the They think that by slashing the Fed- of that. I actually don’t want to see

VerDate Mar 15 2010 01:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.065 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H539 him deployed to Afghanistan. I want to they’re going away from looking at other country. And that’s fine. But it’s see him in a place where he can defend white collar crime and other areas that critical that there is at least the abil- this Nation, as he wants to do. I think need to be investigated in these fis- ity to get right with the law. It’s very that it’s time for us to go home. cally restrained times with limited frustrating when people say, Why don’t The President didn’t say we’re going budgets. they get in line today? Because it’s a to abandon Afghanistan. We will be The second reason is it builds an at- nonexistent line. Comprehensive immi- there diplomatically, we will be there mosphere of distrust in our immigrant gration reform will create the line that training their soldiers, but sovereignty communities. How much unreported people will then get into and create an means that you protect yourself. It’s crime occurs because, in many cases, immigration system that is in touch time for the Afghan people who want the victims of those crimes could be with reality in this country, in touch to be sovereign to take responsibility spouses that are abused, it could be with a pro-growth agenda, in touch for their own security. people that are robbed or ripped off by with an agenda that will make our I want to turn now to the subject of unscrupulous scam artists and are fre- country prosperous, that will conform immigration. I think right now, and I quently afraid to report that crime be- our treatment of our neighbors to our think the President made clear, that cause they are afraid that the very values as Americans, the same values we may be at a point, and I pray that same agency that they’re supposed to that extended a welcome to my ances- we are, where comprehensive immigra- trust to report that crime to could in tors and yours when they came to tion reform is within the reach of Con- fact be in league with another govern- these shores and helped their, in my gress to pass. ment agency that wants to deport case, grandchildren and great grand- I’m proud to be joined by my good them. And that’s the problem with children serve in this great body. friend Congressman JARED POLIS of 287(g) and some of the other informa- So, too, we need to assure that our Colorado. This is an important issue to tion-sharing protocols. values are represented in our immigra- you, Congressman, and I want to yield For community policing to work, it’s tion system. And whether one is on the to you to share your thoughts on immi- critical to have the trust and support left or the right, it is clear that today’s gration. of the community. And by the way, if disaster of an immigration system is Mr. POLIS. I thank the gentleman these criminals go unprosecuted in our not reflective of our value as Ameri- from Minnesota. community and unpenalized for taking cans—our value as Americans not to Mr. Speaker, it’s common sense to advantage of somebody, and that is not tear families apart, our values as most Americans. We have upwards of being reported, their next victim very Americans to ensure that if you work 10, 12, 14 million people here illegally well could be an American. Their next hard and you play by the rules, you can in this country. Many of them are victim very well could be your family. get ahead in this country. You can suc- members of our communities, many of It could be my family. And that’s why ceed in this country. The value of en- their kids are Americans, go to school we all have an interest in community couraging civic participation is abso- with their fellow Americans or on the policing, in law enforcement, as well as lutely critical. football team or cheerleaders, are pro- public health, to make sure that people So this is a unique opportunity, a ductive in every way. And yet every are inoculated and treated early for unique moment. It’s a bipartisan ap- day our government through its cur- diseases, regardless of their status. proach, as it has to be. This is not a rent policies tears families apart; abso- Now the solution is not to have this Democratic issue or a Republican lute heartbreaking tragedies where a large population here illegally. When- issue. Immigration reform is an Amer- mother is torn from her American ever we’re talking about this enforce- ican issue, as it always has been a Na- daughter, placed in detention, fre- ment, it’s tough. There’s no right an- tion of immigrants, a Nation of laws. quently kicked out of this country at a swer. The right answer is comprehen- And we can conform those two to- cost to taxpayers of tens of thousands sive immigration reform. Let’s find a gether so that we can fulfill our des- of dollars, all over a broken taillight. way where the people that we need tiny in a way that honors the rule of here to have critical jobs in our econ- law and honors the role of immigrants b 1700 omy, that have families, that are in in creating our great country. Now it’s important to educate people our community, that have kids that Mr. ELLISON. I do appreciate the about the difference. We do have a are American and going to school and gentleman from Colorado. Congress- group of people that are in detention doing well every day, have a way and man POLIS, you have been on the mark that are called criminal aliens. These paperwork to show that they can be on this thing ever since you stepped are people who are here illegally and here. into this body, and there are literally I committed crimes. It could be robbery. Now that doesn’t mean in com- think millions of people who appre- Maybe they’re in a gang or dealing prehensive immigration reform that ciate your advocacy. I just want to drugs. There’s no disagreement among anybody gets citizenship. And I want mention a few points and then, of liberals and conservatives and people to be clear about this, because fre- course, invite you to dive back in. of all ilks that, of course, there needs quently this false specter of somehow The President does have a proposal to be detentions where appropriate and granting citizenship to 11 million peo- on immigration reform. It’s reasonable. where there are criminal penalties in ple is raised. Comprehensive immigra- It’s a commonsense starting point. Re- place and, of course, there should be tion reform in any version doesn’t give publicans and Democrats need to find a expulsions from the country in that re- citizenship to anybody. Not one person, way, as Congressman POLIS just said. gard. In fact, many of us argue that by not a thousand people, not a million But it is a clear path toward a legal sweeping up many of the people whose people. Zero people. In fact, under all status for thousands who are already in only violation is a civil violation, who the versions that are being talked the U.S. working and paying taxes. It’s otherwise have been following our about of comprehensive immigration a process for family reunification. It’s laws, in that sweep we are actually reform, anybody who’s here illegally a workable employment verification limiting our enforcement ability to go would have to get right with the law system with penalties for employers after real criminals who are causing and would go to the back of the line who knowingly hire people who are not harm in our community. with regard to applying for citizenship in status. It is a reasonable enforce- That happens in two ways. One, some day, if they’re eligible. To be eli- ment. through the limited law enforcement gible, they’ll have to follow the laws of But I just want to say this, and I resources. When we divert those re- our country for many years. They’ll want to invite Congressman POLIS to sources to taking mothers away from have to learn English. They’ll have to react. We’ve put about $18 billion into daughters, fathers away from sons who take a test. border issues so far. One of the real are productive members of society, Yes, some day it’s possible that some things about comprehensive immigra- when we divert the resources to that, it immigrants will become citizens. It’s tion reform is, we hear people talk means they’re going off of some other also possible and likely that many will about the border, the border, the bor- beat. It means they’re going off of choose never to. They might work here der. Well, President Obama has done keeping our streets safe. It means for a number of years and return to an- tons on the border—for some of us, too

VerDate Mar 15 2010 01:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.067 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H540 CONGRESSIONAL RECORD — HOUSE February 14, 2013 much—but the border issue is not the b 1710 with sequester, and that’s where we are problem. The real problem is the other And now you’re thinking, How did we now. part. end up here? Here is what happened. Sequester is going to impose auto- I yield to the gentleman from Colo- In August 2011, the Republicans had matic, arbitrary cuts that could lay rado to see if you have any thoughts taken the majority in that session, the off, according to the Congressional about this matter. first session of the 112th Congress, in Budget Office, up to about 750,000 peo- January, and they started out with an ple. There are going to be cuts in do- Mr. POLIS. Another thing that’s im- agenda to dramatically reduce the size mestic spending and cuts to military portant for Americans to understand of government. They started out with spending. Some of us think that mili- about how 11 million people got here something called Cut, Cap and Balance, tary cuts are warranted. Others of us without paperwork and how this con- and they wanted to cut all kinds of are absolutely concerned about the tinues to occur is that more than half programs. They never wanted to touch people who are going to be affected by of the population that lives and works defense, but they wanted to cut the these domestic cuts. here illegally didn’t sneak across a bor- Federal Government. I’m talking about Let me wrap up. I just want to say der. They came here legally. They Head Start, Women Infants, and Chil- that I am concerned that several Re- came here as a tourist, they came with dren nutrition, programs that help sup- publicans seem real cavalier about se- a visa. They stayed illegally and port State and local governments, for quester, and you should look at the worked illegally. So, again, even if you police, fire, all kinds of stuff like that, list. The Progressive Caucus’ solution had 100 percent security at the border— they wanted to cut. And they wanted is to repeal sequester. What we would and, by the way, that’s certainly a to cut big-time. They wanted to cut propose to do with our legislation is to valid goal—but you’re never going to Social Security, Medicare, and Med- say 50 percent cuts, 50 percent revenue. have 100 percent. But even if you had icaid. We already cut $1.7 trillion in revenue, 100 percent, you would still have a And so they came forward with this and then last New Year’s Eve we got large flow of people to this country il- proposal. Now, they knew they couldn’t some money in the door through rais- legally because it’s not that hard to get it past the Senate, but they said, ing taxes and now we need to balance get a tourism visa, to get a student Oh, the debt ceiling. The debt ceiling, to 50–50. This is what we call the Bal- visa, to get some other type of docu- we can use that as a lever to make the ancing Act. mentation for travel that allows you to Democrats give us significant cuts to Our bill would bring it to balance by be here for a month or 3 months and the Federal budget. raising money through closing loop- then to outstay that and work here il- So what they did, in August 2011, holes, carried interest, jets and yachts, legally. they said that we’re going to allow— stuff like that. Oh, yeah, you didn’t So no matter what you do on the bor- we’re not going to raise the debt ceil- know they could write off their jets der—and, by the way, I think abso- ing. We’re going to allow the Federal and their yachts? Oh, yeah, they can. lutely as part of comprehensive immi- Government to default on previously And then put about $300 billion into gration reform there will be more bor- acquired obligations of the United jobs. der security—but no matter what you States—so not pay our bills that we al- Let me wrap up by saying the Bal- do on the border, you don’t address the ready acquired and risk our triple A ancing Act, you can go online and look issue without having a comprehensive credit rating—if you do not impose dra- it up. It’s a great program. We urge approach that deals with those already matic cuts. you to support it. In the last 1 second, here, that deals with the immigration And so what the President did is said, if I may—I’ve promised my friend 20 laws going forward so we don’t wind up Okay, we’re going to give you some minutes and I’m messing up right now. in this same situation again in 10 or 20 cuts up front and we’ll set up some- On February 22, the Supreme Court years, to make sure that our immigra- thing called the supercommittee. will hear oral arguments in the Shelby tion laws reflect the real needs of our Three Democrats from the House, three County, Alabama v. Holder case. This country, the needs of the private sec- Republicans from the House, three Re- threatens to take away serious voting tor, the needs of the workforce in publicans from the Senate, three rights. I’m going to be talking about terms of making sure we have enough Democrats from the Senate, we’ll call this, because democracy must prevail. people in the service industry. Whether that the supercommittee, and they are We have not reached the point where it’s to pick crops in the field, whether going to work out a compromise and everybody has a fair vote in this coun- it’s to staff our high-tech companies give us an up-or-down vote on some try. I don’t have the time to elaborate with programmers, we need to have an more cuts. But if they don’t, then we’re on it now, but please be aware that this America-centric approach to immigra- going to have this thing called the se- Shelby County v. Holder is a critical tion. And while border enforcement can quester and there will be across-the- issue. The Supreme Court is going to certainly be a part of that, no matter board cuts in a dramatic and really im- take it up on the 27th of February. We how much you have, it doesn’t even posing way. need to be aware of that if we want to The sequester is what we’re facing come close to addressing the issue of believe that you ought to be able to now because the supercommittee immigration in this country. And cast a fair vote in America. failed. Now, the supercommittee didn’t that’s why, as the President indicated With that, I am going to yield to the just fail. What we didn’t know is that in his speech and in his call, as others gentleman from Colorado. Thank you when the Republicans, both House and from both sides of the aisle have indi- very much, Congressman. Senate, appointed their members of the cated, it’s critical for America to take Mr. POLIS. I thank the gentleman supercommittee, all of them had signed on the issue of immigration reform and from Minnesota. a promise to a man named Grover The SPEAKER pro tempore. Does the pass a comprehensive solution. Norquist never to raise any taxes. And gentleman yield back his time? Mr. ELLISON. Thank you, Congress- so what happened is that they got on Mr. POLIS. The gentleman from Min- man. I’m going to wrap up in about 5 this supercommittee and refused to ne- nesota yielded to me. minutes or so. But I just want to hit a gotiate. Democrats said, We’ll do some The SPEAKER pro tempore. The gen- few things that need to be touched on. cuts, but we need some revenue. We tleman from Colorado is recognized. One is that the Progressive Caucus is need to raise some taxes and close Mr. POLIS. I would like to ask the very concerned about this looming se- some loopholes. Speaker how much time remains. questration. Now folks out there this Republicans said, No way, and Demo- The SPEAKER pro tempore. The gen- evening, Mr. Speaker, might think, se- crats said, Well, wait a minute. So you tleman from Minnesota has 25 minutes questration, what is that? Is that like want it all cuts and no raising taxes. remaining. when you go on jury duty or some- They said, That’s right, we’re not going Mr. POLIS. And the gentleman has thing? No. Sequestration is what we’re to negotiate with you on this. yielded his time. calling some really dramatic cuts to And so the supercommittee failed in Mr. ELLISON. With the under- Federal spending that are coming up in its work. When it failed in its work, standing that the gentleman will get about 2 weeks. that meant that we were going to deal the balance of the time remaining of

VerDate Mar 15 2010 01:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.069 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H541 my hour, then I will yield the floor simply because they can’t get through his mother’s side, he’s descended from back. the unrealistic length of time it takes immigrants from Bohemia in the 1890s The SPEAKER pro tempore. Does the to navigate our legal system. who homesteaded in Oregon. So, like gentleman yield back his time? As part of comprehensive immigra- many Americans, Paul is a child of Mr. ELLISON. I have a parliamen- tion reform, we need to have a system both one side of the family with long tary inquiry. that reflects our values as Americans roots in our country dating from before The SPEAKER pro tempore. The gen- and one that’s realistic for families to our country existed and another side of tleman will state his inquiry. go through. his family recent immigrants. Mr. ELLISON. My inquiry is, if I MONICA OLGUIN As Paul writes, perhaps with the full yield back, does the gentleman from Mr. Speaker, I rise today to share a sense of understanding that comes Colorado get the balance of the time I story from a constituent from my dis- from his personal story, Paul writes: have remaining? trict, Monica Olguin from Boulder, Col- We are all sons and daughters of immi- The SPEAKER pro tempore. The gen- orado. Now, her story is an interesting grants, including those descended from the tleman from Colorado may serve as the one because the U.S. came to her in- peoples who were already here when my ear- designee of the minority leader for the stead of her moving to the United liest immigrant ancestor arrived and de- remainder of the hour. scended from the people who also arrived States. Her family hails from the unwillingly in this country. All immigrants, Mr. ELLISON. And further inquiry, southwestern United States even be- all mingled together. And, indeed, even are there 25 minutes left? fore it was part of Mexico. Her family Congresspersons are descended from immi- The SPEAKER pro tempore. The mi- descended from Spanish colonial set- grants. Congresspersons who wish to restrict nority hour has 24 minutes remaining. tlers in 1598 near Santa Fe, New Mex- immigration and reject immigrants are re- Mr. ELLISON. In that case, I yield ico. Over the following 300 years, they jecting their own heritage. They should be back the balance of my time. traveled north to Colorado to Conejos ashamed. f County, where the family has been for I agree with Paul. We are all, in this country, descended from immigrants. IMMIGRATION REFORM over 100 years. Now, Monica writes: And whether those immigrants arrived The SPEAKER pro tempore. Under Many of our best students today have been thousands of years ago, hundreds of the Speaker’s announced policy of Jan- immigrant children. years ago, decades ago, or last week, uary 3, 2013, the gentleman from Colo- Monica, herself, taught in our public our future is intertwined with the very rado (Mr. POLIS) is recognized for 24 schools for over 30 years. definition of America as an immigrant minutes as the designee of the minor- Monica writes: Nation, a Nation of laws, a Nation of ity leader. They enter our school system with great immigrants. Mr. POLIS. Mr. Speaker, I rise today hopes and dreams and do not take education Those two need to be reconciled. We in support of passing comprehensive for granted. It isn’t long, though, before they need laws that reflect our values as immigration reform as soon as pos- are able to express their fear of losing their Americans, our values as a Nation of sible. place in this country, their fear of not be- immigrants; laws that are enforceable CINDY SLOSSON longing in their country of origin or their and in touch with reality rather than knowledge that there is no hope for success I have a story to share from a resi- laws that tear families apart every day or dreams for their future in either their in this country and deny—deny people dent in my district, Cindy Slosson from country of origin or in this country. who have worked hard here and con- Fort Collins, Colorado. Cindy wrote me Monica shares the concerns of so that her daughter fell in love with a tributed to society the opportunity to many of us whose lives have touched fully partake in our great country and young man from Mexico when they those who live in this country every were in high school. They had a dream to someday become Americans them- day in fear of the very government selves. about their future lives together, and that should be there to protect them, SEMAY DIBEKULU NELSON part of that dream was of course help- in fear that it will detain them indefi- Mr. Speaker, I rise today to share a ing him become an American citizen so nitely, in fear that it will send them story from a constituent in Colorado he could go to college, find a job and out of this country back to a country from the Second Congressional Dis- support their family that they hoped to that they know no one in, that they trict, Semay Dibekulu Nelson, from build together. They persisted tire- might not have even been in since they Boulder, Colorado, who shared a story lessly for 10 years, through everything were 3 years old or 8 years old or per- with me about immigration, that that the American bureaucracy and haps even to a country where the lan- speaks to the need to reform our immi- Immigration Services threw at them, guage that’s spoken is not even a lan- gration system today to ensure that and today, finally, he’s a citizen of the guage that they’re fluent in. That is everybody gets a chance to succeed in United States. He’s pursuing his degree the reality of our immigration system in aviation mechanics and wants to this country. every day. Semay writes: continue to go to school for an engi- As Monica writes, it’s critical that As a first generation immigrant American neering degree. we replace our broken immigration Part of their dream is now a reality having received political asylum under life- system with one that works now. threatening conditions, I feel the pain of un- and they keep on building upon this You’re only a child once, and we need dream to be contributing community documented immigrants and their fear of to make sure that our next generation being deported. I am honored to have re- members and leaders among their of leaders has every opportunity to ceived your message, and I would like to re- friends and family. Cindy writes that, make our country greater. flect on this important topic. I’m aware unfortunately, some young people there’s no time to waste while millions are PAUL EDWARD CONDON don’t have the kind of support and being underpaid for an honest day’s work Mr. Speaker, I rise today to share a focus and, frankly, patience that her while living in fear of detention and deporta- story from a constituent of mine in La- children had. tion. I hope our government brings this ago- fayette, Colorado, Paul Edward Cindy writes: nizing issue to a positive resolution. The Condon. Like so many Coloradans, time is over in which we can afford to ignore Let’s make their path a bit more attain- Paul feels that we need to replace our an issue that has led to this humanitarian able. I believe most everyone truly wants to catastrophe. do their best, so let’s give them a chance to broken immigration system with one be their best in this country. that works for our country and make I agree with Semay. Hers is a first- sure that we have a way to make sure hand story of many legal immigrants b 1720 that the people already here can get like Semay who have firsthand knowl- As Cindy writes, there are so many right with the law. edge of the process of leaving every- people that are caught up in indefinite Paul writes that on his father’s side thing they know and coming to a new waiting periods just to be reunited he is descended from people who his country without friends and without with their own family, people who give daughter, Katherine, likes to say qual- family. How difficult is that? Yet, up hope and move from their family ify her to be a member of the Daugh- today, our government is active tear- and friends and everybody they know ters of the American Revolution. On ing families apart, at taxpayer expense

VerDate Mar 15 2010 01:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.071 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H542 CONGRESSIONAL RECORD — HOUSE February 14, 2013 taking mothers from daughters and Janice writes: Dan is a fourth-generation Colo- placing them in detention at the cost My family has been in the United States radan. In fact, on his father’s side, he to taxpayers of tens of thousands of for many generations, but my daughter-in- has ties all the way back to the dollars. law is prevented from joining my daughter Mayflower. On his mother’s side, the We need to replace our broken immi- here because of the Defense of Marriage Act. family came from Ireland, Italy, Ger- gration system with one that works for They were legally married in Portugal, and many, and Scotland. Like many Ameri- our country and reflects our values as my daughter may have to leave the United cans of mixed blood, he remembers States to be with her spouse. Americans, as even our newest Ameri- memorizing when he was in fifth grade cans like Semay agree with. b 1730 his ancestry. He would quickly list it JOHN HOFFMAN Under current immigration law off: English, Irish, German, Italian, and Mr. Speaker, I rise today to share a today, same-sex couples are not accept- Scottish. story from John Hoffman in Boulder, ed under immigration law, even though But recently, Dan fell in love with a Colorado. Like so many Coloradans and there are a number of States where Canadian. It was love at first sight, and like so many Americans, John feels same-sex couples have the same mar- last March they got married in New that we need to replace our broken im- riage rights as opposite-sex couples. York. The plan was that Dan and his migration system with one that works Because of the Defense of Marriage spouse were going to spend their lives and allows a way for the 11 million peo- Act, federally that marriage is not together. But you know what? Right ple who are here without status to get counted for purposes of immigration. now they don’t know where because right with the law and fulfill their des- Janice’s daughter might be driven Dan’s spouse is another man. Unlike if tiny. from the country she loves and can Dan’s spouse was a woman, Dan doesn’t John writes: contribute so much to because there’s have the same kind of right to allow My great-great German grandparents set- no viable path for her family to stay his husband, Michael, to be a legal resi- tled in Germantown in Louisville, Kentucky. together. That’s why I support JERRY dent of our country. Dan writes that They were hardworking and industrious and NADLER’s United American Families he’s forced to have to choose between eventually got into the vaunted ‘‘middle Act, and we need to work hard to make the country he loves, the country his class.’’ Let the Latinos do the same. sure that as we replace our broken im- ancestors worked hard to get to, and IZABELLA PESZEK migration system with one that works, being united with his own family and Mr. Speaker, I rise today to share a it’s fair to all Americans and treats all his husband. story from Izabella Peszek from Lafay- Americans fairly and reflects our value Dan calls upon us in Congress—and I ette, Colorado. Izabella wrote me to as Americans of keeping families like pass this challenge to our colleagues— share her immigration story and her Janice’s daughter and daughter-in-law to pass a comprehensive immigration passion for making sure that we re- together. reform package that treats families place our broken immigration system JEAN HODGES fairly, that treats families equally, with one that works and reflects our that ensures that families are united. Mr. Speaker, I rise today to share a values as Americans. That’s why I’m a proud sponsor of story from Jean Hodges of Boulder, Izabella and her husband were re- JERRY NADLER’s United American cruited to join a graduate program in Colorado, about why we need to im- prove our immigration system. Families Act, and I call upon this body math at the University of Maryland in to include respect for marriage as an 1989. When they decided to go for it, Jean writes that both sides of her family immigrated in the 1800s from important bed-stone principle of com- they thought they would return to prehensive immigration reform. their home country, Poland. That was Ireland, Scotland, and Wales. They began life in Virginia and moved to SALLY MILLER their plan when they got their degrees. Mr. Speaker, I rise today to share the But fate decided otherwise. When they Ohio around the Civil War. So Jean doesn’t share the immediacy of immi- story of Sally Miller from Broomfield, graduated, Robert in 2 years and Colorado, and her strong support for 1 grant parentage that many others do, Izabella in 2 ⁄2, the country that they fixing our broken immigration system. knew in their childhood was gone, and but Jean does write that she under- stands the privilege of being a U.S. cit- Sally is a social worker, and her story they were being offered some very is about several pieces of her own per- tempting positions in the United izen and all that provides: for all of us to find a path to equality and whatever sonal experience working with people States. Robert went to CMU for a in the Denver metro area. postdoc, and Izabella joined the our pursuit of happiness may be. Jean, like so many Coloradans and so Sally has worked with immigrants pharma industry. who came to our country 20 years ago. Eventually, they got green cards and many Americans says, ‘‘I wish that for all immigrants.’’ They raised their families, they hoped became citizens of the United States for a better life, their kids are U.S. and of our great State of Colorado, Jean understands the reasons that her forebearers might have left every- citizens, have succeeded in school, and which is now their home, where both of are giving back. But Sally writes that them are respected in their fields and thing and everyone they knew to come to this country. the parents of one of their families are are happy doing what they do best. constantly in fear that the father may Now Izabella and Robert can’t imag- I know Jean. And the way that she be caught on the way to or from his ine living anywhere else. And they has given back to our community as a cleaning job and sent back to a country work hard to make their new home in school teacher, as a leader for equality, that he left, torn apart from his family the United States even better, just as her work to support parents of LGBT at taxpayer expense. so many other immigrant families con- kids, has been of tremendous value to One of their three children graduated tribute to this country, are an asset to our country, like the tremendous value from high school just this past June this country, are an asset to America, that today’s immigrants will provide and is working and taking college are part of America, and are as Amer- through their public service, their com- classes. The other kids are 16 and 14. ican as anybody else, which is why we munity involvement, through their ef- Sally writes that her friend and his need an immigration system that re- forts as teachers, as firefighters, as po- wife hope to stay in the Denver area flects our values and our priorities as licemen, as lawyers, as doctors, as suc- until all three of their kids graduate Americans and ensures that others cessful business people who will lead from high school, but every day the have the ability to give back to this our country to a more prosperous and kids come home from school, they live great country just as Izabella and Rob- bright future. in constant fear that our government ert have and continue to do every day. DAN MCLELLAN sees their parents and sends them back JANICE GREEN Mr. Speaker, I rise today to share a to another country. Mr. Speaker, I rise today to share a story from Dan McLellan of Boulder, Sally writes: story from Janice Green from West- Colorado, about why we need to fix our The parents are good decent people, loving minster, Colorado, about why we need broken immigration system and re- parents, and have always felt their sacrifices to fix our broken immigration system place it with one that reflects our val- for their children’s sake have been worth the to help reunite families. ues as Americans. price.

VerDate Mar 15 2010 03:38 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.073 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H543 There are so many families that risk now a United States Congress person, the Mennonite faith. They followed the being torn apart because our immigra- just as Ann was the first in her family teachings that defied the teachings of tion system is completely out of touch after they wandered down from Canada the Catholic Church, and they were dis- with our values as Americans. Rather to New Hampshire. Ann has given so criminated against. Many Swiss farm- than reuniting families, it tears fami- much for her country, just as so many ers became valued and trusted workers lies apart; rather than encouraging of today’s immigrants will if we only on estates in France, where they went people to follow the law, it rewards un- give them today’s opportunity. to escape persecution. When they were scrupulous business people who hire DARYL SHUTE able to emigrate to the U.S. in the late people under the table and encourages Mr. Speaker, I rise today to share the 1800s, they came to Wayland, Iowa, the violation of the law and identity story of Daryl Shute from Littleton, which was a small Mennonite commu- theft. Colorado. Daryl writes with regard to nity. We need to replace our immigration the critical need to replace our broken Martha has worked for more than 30 system with one that works for our immigration system with one that years in the area of international ex- country, allow people who’ve been here works. change at a large American university, and are hardworking and contribute to Daryl’s grandfather, Joseph Colorado State University, in Fort Col- our country to get right with the law, Giangreco, emigrated from Sicily to lins. She has worked with issues of and, yes, some day enjoy the same ben- the United States to join his mother, visas and student visas and the immi- efits of citizenship that Sally herself who was already living in Buffalo, New gration of students. She has observa- enjoys. York, in the mid-nineteen teens. Daryl tions about the process that she has I call upon my colleagues to pass writes that Italians were the unwanted tried to share over the years with Rep- comprehensive immigration reform immigrants of that day. Daryl writes resentatives of our United States Gov- now. that he returned to Canada, walked ernment, but she believes that, up ANN HARROUN across the border, and rejoined his until now, they weren’t in a position to Mr. Speaker, I rise today to share the mother after he was deported from New hear them because they weren’t focus- story of Ann Harroun from Loveland, York. ing on immigration reform. Colorado, who wrote to me with regard He was caught and given a choice to I call upon this body to focus on im- to her support for comprehensive im- fight for the Allies in Europe to earn migration reform, to heed the stories migration reform and her own family’s his citizenship. He accepted that. And of those like Martha’s and of the many story. Daryl’s grandfather, Joseph, went to others who interact every day—wheth- Ann writes that her relatives first war for the American Dream. Unfortu- er it’s as an employer or an educator or came to Canada from France and Eng- nately, he received injuries during that a social worker—with those who are land; the French in the 1700s and the war that affected him the rest of his here in this country and are working English a little later. Ann’s great-great life. Even so, he was hardworking and hard to make our country greater but grandmother was becalmed in the mid- worked hard from the back of a horse- who lack the paperwork that verifies dle of the Atlantic Ocean for a time, drawn cart to support his family for their own existence, who lack the pa- and both sides of her family were farm- many years. perwork that allows them to exist ers in Quebec before wandering into under the rule of law in this country. b 1740 northern New Hampshire in the 1920s. We need to replace our broken immi- Ann writes, ‘‘Were they legal? Who Even to this day, immigrants give so gration system with one that reflects knows?’’ She further writes that the much of themselves through their hard our American values, with one that al- French had large families and soon work, their toil, their sweat and tears, lows people to step out of the darkness outgrew their farms. They moved on which all of us as Americans prosper and into the light, to get right with the from New Hampshire. Her mother from and benefit from. We need to find law, to be able to fully pursue their moved from New Hampshire to Maine a way, just as Joseph’s grandfather did, destinies as future Americans. We are a in 1942 after the death of her father, so that people can get right with the Nation of immigrants, and we all ben- and she worked for Maine Blue Cross law. efit from the tremendous benefits that for 30 years. What is being discussed and what immigrants give to this country every Ann moved to California after high needs to be discussed is not an amnesty day. school and saw an opportunity to at- any more than if you get a speeding I hope that now is the time that Rep- tend college, married, had children, ticket and you enter a plea bargain it’s resentatives of our United States Gov- joined the League of Women Voters, fi- an amnesty. It’s essentially a plea bar- ernment in this House of Representa- nally graduated in 1980, and promptly gain. Yes, you violated the law. Let’s tives will be in a position to hear and won an election to the Vermont house. figure out how you get right with the will be in a position to focus on immi- Ann was the first in her family to at- law: register, pay a fine, get your gration reform in order to make our tend college, vote, own a house, and working permit. It’s not realistic in country stronger, to make our country hold public office. any way, shape or form to try to round safer, to make our country more pros- There are so many today that would up large numbers of people who are giv- perous. be the first to go to college, that would ing so much to our country every day Mr. Speaker, I call upon my col- be the first to vote, that would be the and who, in many cases, have Amer- leagues to support comprehensive im- first to own a house, that would be the ican children. That’s why we need to migration reform and to pass it now. first to hold public office, that would pass immigration reform and replace We must replace our broken immigra- be the first to be captains of industry, our broken immigration system with tion system with one that works for that would be the first to have ad- one that reflects our values as Ameri- our country and our values. I yield back the balance of my time. vanced degrees if only we can find a cans. way where they have the ability to get MARTHA DENNEY f right with the law and get paperwork Mr. Speaker, I rise today to share a LEAVE OF ABSENCE that allows them to pursue the great story from Martha Denney in Fort Col- By unanimous consent, leave of ab- opportunities that this country offers. lins, Colorado. It’s her own personal sence was granted to: As Ann says, ‘‘Were they illegal? Who story and the story of her family’s im- Mr. JOHNSON of Georgia (at the re- knows?’’ Were they illegal? Who cares? migration and why we need to replace quest of Ms. PELOSI) for today. When my family came here in 1906, our broken immigration system with Mr. CULBERSON (at the request of Mr. they got off the boat and registered. one that works and pass comprehensive CANTOR) for today on account of ill- There was no quota or process or thing immigration reform now. ness. they had to deal with on the legal Martha’s grandmother’s family mem- f front. They just showed up here. You bers were immigrants from know what? They were welcomed. And Montbeliard, France, but they were ac- ADJOURNMENT you know what? Their grandson on one tually Swiss Mennonites. They were Mr. POLIS. Mr. Speaker, I move that side and great-grandson on the other is driven from Switzerland as followers of the House do now adjourn.

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A letter from the Senior Procurement Mr. HUFFMAN, Mr. MORAN, Ms. CHU, ingly (at 5 o’clock and 44 minutes Executive, Deputy Chief Acquisition Officer, Mr. POCAN, Mr. CAPUANO, Mr. HONDA, p.m.), the House adjourned until to- General Services Administration, transmit- Mr. FARR, Mr. ISRAEL, Mr. BISHOP of morrow, Friday, February 15, 2013, at 9 ting the Administration’s final rule — Fed- New York, Ms. GABBARD, Ms. NOR- eral Acquisition Regulation; Unallowability TON, Mr. MCDERMOTT, Mr. RYAN of a.m. of Costs Associated with Foreign Contractor Ohio, Mr. MCGOVERN, Mr. DEUTCH, f Excise Tax [FAC 2005-65; FAR Case 2011-011; Mr. CARSON of Indiana, Mrs. DAVIS of EXECUTIVE COMMUNICATIONS, Item IV; Docket 2011-0011, Sequence 1] (RIN: California, and Mrs. CAPPS): 9000-AM13) received January 31, 2013, pursu- H.R. 683. A bill to amend titles 10, 32, 37, ETC. ant to 5 U.S.C. 801(a)(1)(A); to the Committee and 38 of the United States Code, to add a Under clause 2 of rule XIV, executive on Oversight and Government Reform. definition of spouse for purposes of military communications were taken from the 295. A letter from the Senior Procurement personnel policies and military and veteran Speaker’s table and referred as follows: Executive, Deputy Chief Acquisition Officer, benefits that recognizes new State defini- tions of spouse; to the Committee on Armed 286. A letter from the Attorney, Legal Di- General Services Administration, transmit- Services, and in addition to the Committee vision, Bureau of Consumer Financial Pro- ting the Administration’s final rule — Fed- on Veterans’ Affairs, for a period to be subse- tection, transmitting the Bureau’s final rule eral Acquisition Regulation; Technical quently determined by the Speaker, in each — Electronic Fund Transfers (Regulation E) Amendments [FAC 2005-65; Item V; Docket case for consideration of such provisions as Temporary Delay of Effective Date [Docket 2013-0080, Sequence 1] received January 31, fall within the jurisdiction of the committee No.: CFPB-2012-0050] (RIN: 3170-AA33) re- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the concerned. ceived January 30, 2013, pursuant to 5 U.S.C. Committee on Oversight and Government By Mr. WOMACK (for himself, Ms. 801(a)(1)(A); to the Committee on Financial Reform. SPEIER, Mr. CONYERS, Mr. WELCH, Services. 296. A letter from the Attorney Advisor, 287. A letter from the Attorney, Legal Di- Department of Homeland Security, transmit- Mrs. NOEM, Mr. GRIFFIN of Arkansas, vision, Bureau of Consumer Financial Pro- ting the Department’s final rule — Safety Mr. POE of Texas, Mr. COHEN, Ms. tection, transmitting the Bureau’s final rule Zone; Bone Island Triathlon, Atlantic Ocean; CHU, Mr. AMODEI, Mr. DEUTCH, Mr. — High-Cost Mortgage and Homeownership Key West, FL [Docket No.: USCG-2012-0956] DIAZ-BALART, Mr. JOHNSON of Geor- Counseling Amendments to the Truth in (RIN: 1625-AA00) received February 6, 2013, gia, Mr. ROSS, Ms. DELBENE, Mr. ´ Lending Act (Regulation Z) and Homeowner- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- SCHOCK, Ms. LINDA T. SANCHEZ of ship Counseling Amendments to the Real Es- mittee on Transportation and Infrastruc- California, Mrs. ELLMERS, Mr. LAR- tate Settlement Procedures Act (Regulation ture. SON of Connecticut, Mr. BARLETTA, X)[Docket No.: CFPB-2012-0029] (RIN: 3170- 297. A letter from the Attorney Advisor, Mr. LANGEVIN, Mr. CRENSHAW, Mr. AA12) received February 1, 2013, pursuant to Department of Homeland Security, transmit- CRAWFORD, Mr. DENT, Ms. PINGREE of 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- ting the Department’s final rule — Safety Maine, Mr. YOUNG of Indiana, Ms. nancial Services. Zones; New Year’s Eve Fireworks Displays SCHWARTZ, Mr. GRIMM, Mr. ELLISON, 288. A letter from the General Counsel, Na- within the Captain of the Port Miami Zone, Mr. GIBSON, Ms. TSONGAS, Mr. CON- tional Credit Union Administration, trans- FL [Docket Number: USCG-2012-1041] (RIN: AWAY, Mr. STIVERS, Ms. NORTON, Mr. mitting the Administration’s final rule — 1625-AA00) received February 6, 2013, pursu- CAPUANO, Ms. MCCOLLUM, and Mr. Definition of Troubled Condition (RIN: 3133- ant to 5 U.S.C. 801(a)(1)(A); to the Committee AUSTIN SCOTT of Georgia): AD97) received January 29, 2013, pursuant to on Transportation and Infrastructure. H.R. 684. A bill to restore States’ sovereign 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- 298. A letter from the Attorney Advisor, rights to enforce State and local sales and nancial Services. Department of Homeland Security, transmit- use tax laws, and for other purposes; to the 289. A letter from the General Counsel, Na- ting the Department’s final rule — Draw- Committee on the Judiciary. tional Credit Union Administration, trans- bridge Operation Regulation; Apalachicola By Mr. SAM JOHNSON of Texas (for mitting the Administration’s final rule — River, FL [Docket No.: USCG-2012-0470] (RIN: himself and Mr. HECK of Washington): H.R. 685. A bill to award a Congressional Alternatives to the Use of Credit Ratings 1625-AA09) received February 6, 2013, pursu- Gold Medal to the American Fighter Aces, (RIN: 3133-AD86) received January 29, 2013, ant to 5 U.S.C. 801(a)(1)(A); to the Committee collectively, in recognition of their heroic pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- on Transportation and Infrastructure. military service and defense of our country’s mittee on Financial Services. 299. A letter from the Attorney Advisor, 290. A letter from the Secretary, Securities freedom throughout the history of aviation Department of Homeland Security, transmit- and Exchange Commission, transmitting the warfare; to the Committee on Financial ting the Department’s final rule — Special Commission’s final rule — Extension of Ex- Services, and in addition to the Committee Local Regulations; 2013 Orange Bowl Paddle emptions for Security-Based Swaps [Release on House Administration, for a period to be Championship, Biscayne Bay, Miami, FL Nos.: 33-9383; 34-68753; 39-2489; File No. S7-26- subsequently determined by the Speaker, in [Docket Number: USCG-2012-1020] (RIN: 1625- 11] (RIN: 3235-AL17) received January 30, each case for consideration of such provi- AA08) received February 6, 2013, pursuant to 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the sions as fall within the jurisdiction of the 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Financial Services. committee concerned. Transportation and Infrastructure. 291. A letter from the Director, Office of By Mrs. NOEM (for herself, Mr. WALZ, 300. A letter from the Attorney Advisor, Congressional Affairs, Nuclear Regulatory Mr. FORTENBERRY, Mr. PETERSON, Mr. Department of Homeland Security, transmit- Commission, transmitting the Commission’s BLUMENAUER, Mr. WITTMAN, Mr. ting the Department’s final rule — Security final rule — Assessing the Radiological Con- THOMPSON of Mississippi, and Mr. Zone; On the Waters in Kailua Bay, Oahu, HI sequences of Accidental Releases of Radio- LATTA): [Docket Number: USCG-2012-1038] (RIN: 1625- active Materials from Liquid Waste Tanks in H.R. 686. A bill to amend the Federal Crop AA87) received February 6, 2013, pursuant to Ground and Surface Waters for Combined Li- Insurance Act to modify the ineligibility re- 5 U.S.C. 801(a)(1)(A); to the Committee on cense Applications [DC/COL-ISG-014] re- quirements for producers that produce an an- Transportation and Infrastructure. ceived January 30, 2013, pursuant to 5 U.S.C. nual crop on native sod, and for other pur- 801(a)(1)(A); to the Committee on Energy and f poses; to the Committee on Agriculture. Commerce. By Mr. GOSAR (for himself, Mrs. KIRK- 292. A letter from the Director, Office of PUBLIC BILLS AND RESOLUTIONS PATRICK, Mr. SALMON, Mr. Congressional Affairs, Nuclear Regulatory Under clause 2 of rule XII, public SCHWEIKERT, and Mr. FRANKS of Ari- Commission, transmitting the Commission’s bills and resolutions of the following zona): H.R. 687. A bill to facilitate the efficient final rule — Assessing the Radiological Con- titles were introduced and severally re- sequences of Accidental Releases of Radio- extraction of mineral resources in southeast active Materials from Liquid Waste Tanks ferred, as follows: Arizona by authorizing and directing an ex- for Combined License Applications [DC/COL- By Mr. SMITH of Washington (for him- change of Federal and non-Federal land, and ISG-013] received January 30, 2013, pursuant self, Ms. HANABUSA, Mr. BRADY of for other purposes; to the Committee on Nat- to 5 U.S.C. 801(a)(1)(A); to the Committee on Pennsylvania, Mr. JOHNSON of Geor- ural Resources. Energy and Commerce. gia, Mr. LANGEVIN, Mr. CASTRO of By Mr. ROYCE (for himself, Mrs. 293. A letter from the Senior Procurement Texas, Mr. COURTNEY, Mr. MCCARTHY of New York, Mr. BISHOP Executive, Deputy Chief Acquisition Officer, GARAMENDI, Mr. ANDREWS, Mr. of Georgia, Mr. BLUMENAUER, Ms. General Services Administration, transmit- PETERS of California, Ms. KUSTER, BONAMICI, Mr. CALVERT, Mr. CHABOT, ting the Administration’s final rule — Fed- Mr. O’ROURKE, Ms. SHEA-PORTER, Ms. Mr. CICILLINE, Mr. COBLE, Mr. CON- eral Acquisition Regulation; Unallowability SPEIER, Ms. TSONGAS, Mr. LARSEN of NOLLY, Mr. COOK, Ms. HAHN, Mr. HECK of Costs Associated with Foreign Contractor Washington, Ms. BROWNLEY of Cali- of Nevada, Mr. HUFFMAN, Mr. JOHN- Excise Tax [FAC 2005-65; FAR Case 2011-011; fornia, Mr. TAKANO, Mr. SCHIFF, Mr. SON of Georgia, Mr. JONES, Mr. LAR- Item IV; Docket 2011-0011, Sequence 1] (RIN: LOWENTHAL, Ms. LEE of California, SON of Connecticut, Mr. LEWIS, Mr. 9000-AM13) received January 31, 2013, pursu- Mr. RUSH, Mrs. CAROLYN B. MALONEY MCCLINTOCK, Mr. MEEKS, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee of New York, Mr. HECK of Wash- MICHAUD, Mrs. NAPOLITANO, Ms. NOR- on Oversight and Government Reform. ington, Mr. CONNOLLY, Ms. MOORE, TON, Mr. PETERS of Michigan, Ms.

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PINGREE of Maine, Mr. POE of Texas, H.R. 695. A bill to decrease the deficit by H.R. 704. A bill to amend title 10, United Mr. POSEY, Ms. ROYBAL-ALLARD, Mr. realigning, consolidating, selling, disposing, States Code, to extend whistleblower protec- SCHIFF, Mr. SCHRADER, Mr. SHERMAN, and improving the efficiency of Federal tions to a member of the Armed Forces who Mr. STIVERS, Mr. THOMPSON of Cali- buildings and other civilian real property, alerts Department of Defense investigation fornia, Mr. UPTON, Ms. WATERS, Mr. and for other purposes; to the Committee on or law enforcement organizations, a person YARMUTH, Mr. BISHOP of New York, Transportation and Infrastructure, and in or organization in the member’s chain of and Mr. YOUNG of Alaska): addition to the Committees on Oversight and command, and certain other persons or enti- H.R. 688. A bill to amend the Federal Cred- Government Reform, and Rules, for a period ties about the potentially dangerous ideo- it Union Act to provide certain credit unions to be subsequently determined by the Speak- logically based threats or actions of another with the authority to make additional mem- er, in each case for consideration of such pro- member against United States interests or ber business loans, and for other purposes; to visions as fall within the jurisdiction of the security; to the Committee on Armed Serv- the Committee on Financial Services. committee concerned. ices. By Mr. BLUMENAUER (for himself, By Mr. HORSFORD (for himself, Mr. By Mr. CARTER (for himself, Mr. Mr. ROHRABACHER, Mr. POLIS, Ms. AMODEI, and Mr. HECK of Nevada): MCCAUL, Mr. WOLF, Mr. BURGESS, and LEE of California, Mr. MORAN, Mr. H.R. 696. A bill to designate the Wovoka Mr. FLORES): COHEN, Mr. FARR, Mr. GRIJALVA, Mr. Wilderness and provide for certain land con- H.R. 705. A bill to ensure that the victims NADLER, Mr. HASTINGS of Florida, Ms. veyances in Lyon County, Nevada, and for and victims’ families of the November 5, 2009, SCHAKOWSKY, Mr. HONDA, and Mr. other purposes; to the Committee on Natural attack at Fort Hood, Texas, receive the same HUFFMAN): Resources. treatment and benefits as those Americans H.R. 689. A bill to provide for the resched- By Mr. HECK of Nevada (for himself, who have been killed or wounded in a combat uling of marijuana and for the medical use of Mr. AMODEI, Mr. HORSFORD, and Ms. zone overseas and their families; to the Com- marijuana in accordance with the laws of the TITUS): mittee on Armed Services, and in addition to various States; to the Committee on Energy H.R. 697. A bill to provide for the convey- the Committee on Oversight and Govern- and Commerce, and in addition to the Com- ance of certain Federal land in Clark Coun- ment Reform, for a period to be subsequently mittee on the Judiciary, for a period to be ty, Nevada, for the environmental remedi- determined by the Speaker, in each case for subsequently determined by the Speaker, in ation and reclamation of the Three Kids consideration of such provisions as fall with- each case for consideration of such provi- Mine Project Site, and for other purposes; to in the jurisdiction of the committee con- sions as fall within the jurisdiction of the the Committee on Natural Resources. cerned. committee concerned. By Mrs. CAPPS: By Mr. CICILLINE (for himself, Mr. H.R. 698. A bill to amend the Public Health By Mr. LATHAM (for himself and Mr. LANGEVIN, Mr. MCGOVERN, and Mr. Service Act to establish safeguards and NEAL): WALZ): standards of quality for research and trans- H.R. 690. A bill to amend title 10, United H.R. 706. A bill to establish the Blackstone plantation of organs infected with human River Valley National Historical Park, to States Code, to modify the per-fiscal year immunodeficiency virus (HIV); to the Com- dedicate the Park to John H. Chafee, and for calculation of days of certain active duty or mittee on Energy and Commerce, and in ad- other purposes; to the Committee on Natural active service used to reduce the minimum dition to the Committee on the Judiciary, Resources. age at which a member of a reserve compo- for a period to be subsequently determined By Mr. CRAWFORD (for himself and nent of the uniformed services may retire for by the Speaker, in each case for consider- Mr. AUSTIN SCOTT of Georgia): non-regular service; to the Committee on ation of such provisions as fall within the ju- H.R. 707. A bill to amend the Immigration Armed Services. risdiction of the committee concerned. and Nationality Act to simplify and rename By Mr. GEORGE MILLER of California By Mr. VAN HOLLEN (for himself, Mr. the H-2C worker program, and for other pur- (for himself, Mr. BARROW of Georgia, HOYER, Mr. GEORGE MILLER of Cali- poses; to the Committee on the Judiciary, and Mr. COURTNEY): fornia, Ms. DELAURO, Mr. POCAN, Ms. and in addition to the Committees on Edu- H.R. 691. A bill to require the Secretary of CASTOR of Florida, Mr. MORAN, Mr. cation and the Workforce, and Energy and Labor to issue an interim occupational safe- KILDEE, Mr. HUFFMAN, and Mr. HOLT): Commerce, for a period to be subsequently ty and health standard regarding worker ex- H.R. 699. A bill to amend the Balanced determined by the Speaker, in each case for posure to combustible dust, and for other Budget and Emergency Deficit Control Act consideration of such provisions as fall with- purposes; to the Committee on Education of 1985 to repeal and replace the fiscal year in the jurisdiction of the committee con- and the Workforce. 2013 sequestration; to the Committee on cerned. By Mr. BARLETTA: Ways and Means, and in addition to the Com- By Mr. DOYLE (for himself, Mr. H.R. 692. A bill to provide protection for mittees on the Budget, and Agriculture, for YODER, and Ms. LOFGREN): certain Federal employees with respect to a period to be subsequently determined by H.R. 708. A bill to provide for Federal agen- implementation of the June 15, 2012, memo- the Speaker, in each case for consideration cies to develop public access policies relating randum from Janet Napolitano, Secretary of of such provisions as fall within the jurisdic- to research conducted by employees of that Homeland Security, regarding the exercise of tion of the committee concerned. agency or from funds administered by that prosecutorial discretion with respect to indi- By Mr. GEORGE MILLER of Cali- agency; to the Committee on Oversight and viduals who came to the United States as fornia: Government Reform. children; to the Committee on Homeland Se- H.R. 700. A bill to direct the Secretary of By Mr. ELLISON (for himself, Mr. curity. Education to carry out the Advanced Re- PAULSEN, Mr. WALZ, and Mr. NOLAN): By Mr. PITTS (for himself, Mr. DANNY search Projects Agency-Education to fund H.R. 709. A bill to authorize the Secretary K. DAVIS of Illinois, Mr. GOODLATTE, directed development projects to support of the Army to take actions to manage the Mr. BLUMENAUER, Mr. CHABOT, Mr. targeted breakthroughs in teaching and threat of Asian carp traveling up the Mis- BUCSHON, Mr. THOMPSON of Pennsyl- learning; to the Committee on Education sissippi River in the State of Minnesota, and vania, Mr. MARINO, Mr. SHUSTER, Mr. and the Workforce. for other purposes; to the Committee on FLEISCHMANN, Mr. HANNA, Mr. By Mr. MCHENRY (for himself, Mr. Transportation and Infrastructure, and in MORAN, Mr. PETRI, Mr. RUSH, Mr. SCHWEIKERT, Ms. ESHOO, Mr. GAR- addition to the Committee on Natural Re- BARLETTA, Mr. MEEHAN, Mr. RETT, and Mr. DAVID SCOTT of Geor- sources, for a period to be subsequently de- FITZPATRICK, Ms. SPEIER, Mr. DENT, gia): termined by the Speaker, in each case for Mrs. BLACK, Mr. WOMACK, Mr. KELLY, H.R. 701. A bill to amend a provision of the consideration of such provisions as fall with- Mr. QUIGLEY, Mrs. BLACKBURN, Mr. Securities Act of 1933 directing the Securi- in the jurisdiction of the committee con- LATTA, Mr. MASSIE, Mr. JOHNSON of ties and Exchange Commission to add a par- cerned. Ohio, Mr. BRADY of Pennsylvania, ticular class of securities to those exempted By Mr. FARR (for himself, Mr. ROHR- Mr. PASCRELL, Mr. PERRY, Ms. SHEA- under such Act to provide a deadline for such ABACHER, Mr. BLUMENAUER, Mr. PORTER, Mr. ROTHFUS, Mr. RENACCI, action; to the Committee on Financial Serv- COHEN, Mr. GRIJALVA, Ms. LEE of Mr. GERLACH, Mr. LANCE, Mr. LIPIN- ices. California, Mr. MORAN, Ms. PINGREE SKI, and Mr. HARRIS): By Mr. BRALEY of Iowa: of Maine, Mr. POLIS, and Mr. WAX- H.R. 693. A bill to reform the Federal sugar H.R. 702. A bill to amend the Public Health MAN): program, and for other purposes; to the Com- Service Act to direct the Secretary of Health H.R. 710. A bill to amend title 18, United mittee on Agriculture. and Human Services to establish a Frontline States Code, to provide an affirmative de- By Ms. SCHAKOWSKY: Providers Loan Repayment Program; to the fense for the medical use of marijuana in ac- H.R. 694. A bill to amend the Internal Rev- Committee on Energy and Commerce. cordance with the laws of the various States, enue Code of 1986 to prevent the avoidance By Mr. CARNEY (for himself and Mr. and for other purposes; to the Committee on by corporations of tax on foreign income; to MEEHAN): the Judiciary. the Committee on Ways and Means. H.R. 703. A bill to establish the First State By Ms. FOXX (for herself, Mr. WEST- By Mr. DENHAM (for himself, Mr. National Historical Park in the State of MORELAND, Mr. CHAFFETZ, and Mr. SCHWEIKERT, Mr. WESTMORELAND, Mr. Delaware, and for other purposes; to the PITTS): DUNCAN of Tennessee, Mr. HANNA, Mr. Committee on Natural Resources. H.R. 711. A bill to amend titles 23 and 49, MCHENRY, Mr. MICA, Mr. NUNES, Mr. By Mr. CARTER (for himself, Mr. United States Code, to repeal wage require- HUNTER, and Mr. REED): WOLF, and Mr. BURGESS): ments applicable to laborers and mechanics

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employed on Federal-aid highway and public Mr. CONNOLLY, Mrs. CAROLYN B. Mr. HONDA, Mr. NADLER, Mr. CON- transportation construction projects; to the MALONEY of New York, Ms. MOORE, YERS, Mr. HOLT, Ms. WATERS, Mr. Committee on Transportation and Infra- Mr. WELCH, Mr. PIERLUISI, Mr. HASTINGS of Florida, Ms. SCHA- structure, and in addition to the Committee VARGAS, Mr. LANGEVIN, Ms. TSONGAS, KOWSKY, Mr. LARSEN of Washington, on Education and the Workforce, for a period Mrs. DAVIS of California, Mr. MAR- Mrs. CHRISTENSEN, and Mr. SIRES): to be subsequently determined by the Speak- KEY, Mr. VEASEY, Mr. SWALWELL of H.R. 725. A bill to provide for the reduction er, in each case for consideration of such pro- California, and Mr. SERRANO): of unintended pregnancy and sexually trans- visions as fall within the jurisdiction of the H.R. 717. A bill to amend the Immigration mitted infections, including HIV, and the committee concerned. and Nationality Act to promote family promotion of healthy relationships, and for By Mr. FRELINGHUYSEN (for himself, unity, and for other purposes; to the Com- other purposes; to the Committee on Energy Mr. FITZPATRICK, Mr. GERLACH, Mr. mittee on the Judiciary. and Commerce, and in addition to the Com- SEAN PATRICK MALONEY of New York, By Mr. HULTGREN (for himself and mittee on Education and the Workforce, for Mr. ENGEL, Mr. GARRETT, Mr. LANCE, Mr. LIPINSKI): a period to be subsequently determined by and Mr. DENT): H.R. 718. A bill to authorize the Secretary the Speaker, in each case for consideration H.R. 712. A bill to extend the authorization of Health and Human Services, acting of such provisions as fall within the jurisdic- of the Highlands Conservation Act through through the Administrator of the Health Re- tion of the committee concerned. fiscal year 2024; to the Committee on Natural sources and Services Administration, to By Mr. BEN RAY LUJA´ N of New Mex- Resources, and in addition to the Committee award grants on a competitive basis to pub- ico (for himself, Ms. HANABUSA, Ms. on Agriculture, for a period to be subse- lic and private entities to provide qualified ROYBAL-ALLARD, Mr. MORAN, Mrs. quently determined by the Speaker, in each sexual risk avoidance education to youth NEGRETE MCLEOD, Ms. SLAUGHTER, case for consideration of such provisions as and their parents; to the Committee on En- Ms. MCCOLLUM, and Mr. PEARCE): fall within the jurisdiction of the committee ergy and Commerce. H.R. 726. A bill to amend the Native Amer- concerned. By Mr. KING of New York (for himself, ican Programs Act of 1974 to reauthorize a By Mr. GERLACH (for himself and Mr. Mr. SHERMAN, Ms. BONAMICI, Mr. provision to ensure the survival and con- BECERRA): BISHOP of New York, Mr. HANNA, Mr. tinuing vitality of Native American lan- H.R. 713. A bill to amend title XVIII of the JONES, Mr. LOEBSACK, Mr. MEEKS, Mr. guages; to the Committee on Education and the Workforce. Social Security Act to repeal the Medicare MICHAUD, Ms. NORTON, Ms. PINGREE By Mr. BEN RAY LUJA´ N of New Mex- outpatient rehabilitation therapy caps; to of Maine, Mr. POLIS, Mr. POSEY, Ms. ico: the Committee on Energy and Commerce, WATERS, and Mr. BLUMENAUER): and in addition to the Committee on Ways H.R. 719. A bill to clarify the National H.R. 727. A bill to extend Forest Service and Means, for a period to be subsequently Credit Union Administration authority to and the Bureau of Land Management stew- determined by the Speaker, in each case for improve credit union safety and soundness; ardship end result contracting authority, and for other purposes; to the Committee on consideration of such provisions as fall with- to the Committee on Financial Services. Natural Resources, and in addition to the in the jurisdiction of the committee con- By Mr. KING of New York (for himself, Committee on Agriculture, for a period to be cerned. Mr. RANGEL, Mr. CAPUANO, Mr. subsequently determined by the Speaker, in By Mr. GRIMM (for himself, Ms. LO- CICILLINE, Mr. DEUTCH, Mr. ENGEL, each case for consideration of such provi- RETTA SANCHEZ of California, Mr. Mr. FARR, Mr. GRIMM, Mr. HIMES, Mr. sions as fall within the jurisdiction of the NUNES, Mr. CONNOLLY, Mr. YODER, HOLT, Mr. ISRAEL, Mr. MORAN, Ms. committee concerned. Mr. POLIS, and Mr. CHABOT): NORTON, Mr. PIERLUISI, Mr. QUIGLEY, H.R. 714. A bill to jump-start economic re- By Mrs. CAROLYN B. MALONEY of Ms. SLAUGHTER, Mr. WAXMAN, and New York (for herself, Ms. covery through the formation and growth of Mr. MCGOVERN): WASSERMAN SCHULTZ, Mr. CONYERS, new businesses, and for other purposes; to H.R. 720. A bill to increase public safety by Ms. MOORE, Mr. CICILLINE, Ms. LEE of the Committee on the Judiciary, and in addi- permitting the Attorney General to deny the California, Ms. PINGREE of Maine, Ms. tion to the Committees on Ways and Means, transfer of a firearm or the issuance of fire- HAHN, Mr. FARR, Mr. RANGEL, Mr. Science, Space, and Technology, Appropria- arms or explosives licenses to a known or NADLER, Mr. ELLISON, Ms. DEGETTE, tions, and Energy and Commerce, for a pe- suspected dangerous terrorist; to the Com- Mr. MORAN, Mr. HOLT, and Mr. riod to be subsequently determined by the mittee on the Judiciary. Speaker, in each case for consideration of PETERS of California): By Ms. JENKINS (for herself, Mr. BLU- H.R. 728. A bill to establish certain duties such provisions as fall within the jurisdic- MENAUER, Mr. RODNEY DAVIS of Illi- for pharmacies to ensure provision of Food tion of the committee concerned. nois, and Mr. LIPINSKI): and Drug Administration-approved contra- By Mr. HASTINGS of Florida (for him- H.R. 721. A bill to amend the Internal Rev- ception, and for other purposes; to the Com- self, Mr. CLAY, Ms. HAHN, Ms. LEE of enue Code of 1986 to extend and modify the mittee on Energy and Commerce. California, Ms. FUDGE, Ms. CLARKE, railroad track maintenance credit; to the By Mr. MCDERMOTT (for himself and Mr. MCGOVERN, and Mr. WATT): Committee on Ways and Means. Mr. HIGGINS): H.R. 715. A bill to posthumously award a By Mr. KING of New York (for himself, H.R. 729. A bill to amend the Balanced Congressional Gold Medal to Lena Horne in Mr. BISHOP of New York, Mr. MORAN, Budget and Emergency Deficit Control Act recognition of her achievements and con- Mr. FARR, and Mr. RANGEL): of 1985 to exempt the National Institutes of tributions to American culture and the civil H.R. 722. A bill to combat illegal gun traf- Health from sequestration under section rights movement; to the Committee on Fi- ficking, and for other purposes; to the Com- 251A for fiscal year 2013, and to reduce the se- nancial Services. mittee on the Judiciary. questration by the amount of the exemption; By Ms. HERRERA BEUTLER: By Mr. LANGEVIN (for himself, Mr. to the Committee on the Budget. H.R. 716. A bill to direct the Secretary of COURTNEY, and Mr. CICILLINE): By Mr. MULVANEY (for himself, Mr. the Interior to convey certain Federal land H.R. 723. A bill to amend the Wild and Sce- DUNCAN of South Carolina, Mr. GUTH- to the city of Vancouver, Washington, and nic Rivers Act to designate a segment of the RIE, Mr. FINCHER, Mr. AUSTIN SCOTT for other purposes; to the Committee on Nat- Beaver, Chipuxet, Queen, Wood, and of Georgia, Mr. HANNA, Mr. KING of ural Resources. Pawcatuck Rivers in the States of Con- Iowa, Mr. ROONEY, Mr. DEFAZIO, Mr. By Mr. HONDA (for himself, Mr. necticut and Rhode Island for study for po- HASTINGS of Washington, Mr. CAMP- GUTIERREZ, Ms. PELOSI, Mr. BECERRA, tential addition to the National Wild and BELL, and Mr. HUIZENGA of Michigan): Mr. CONYERS, Ms. LOFGREN, Ms. CHU, Scenic Rivers System, and for other pur- H.R. 730. A bill to define urban rodent con- Mr. NADLER, Ms. LEE of California, poses; to the Committee on Natural Re- trol for purposes of clarifying the control of Mr. GRIJALVA, Mr. ELLISON, Mr. sources. nuisance mammals and birds carried out by POLIS, Ms. WASSERMAN SCHULTZ, Ms. By Mr. LATTA (for himself and Mr. the Wildlife Services program of the Animal BORDALLO, Mr. ISRAEL, Ms. CLARKE, PETERS of Michigan): and Plant Health Inspection Service and by Mr. RANGEL, Ms. SCHAKOWSKY, Ms. H.R. 724. A bill to amend the Clean Air Act the private sector, and for other purposes; to WILSON of Florida, Mr. HOLT, Mr. to remove the requirement for dealer certifi- the Committee on Agriculture. FARR, Mr. AL GREEN of Texas, Mr. cation of new light-duty motor vehicles; to By Mr. RADEL (for himself, Ms. RUSH, Mr. HASTINGS of Florida, Mr. the Committee on Energy and Commerce. FRANKEL of Florida, Mr. WEBER of SIRES, Ms. EDDIE BERNICE JOHNSON of By Ms. LEE of California (for herself, Texas, Mr. COTTON, and Mr. MESSER): Texas, Mr. LOWENTHAL, Mr. BLU- Ms. MOORE, Ms. PINGREE of Maine, H.R. 731. A bill to amend the Foreign Rela- MENAUER, Mr. MORAN, Ms. ESHOO, Mr. MCDERMOTT, Mrs. DAVIS of Cali- tions Authorization Act, Fiscal Years 1990 Mrs. NAPOLITANO, Mr. MCGOVERN, Mr. fornia, Mr. CLAY, Ms. NORTON, Ms. and 1991 to allow the Department of State to FALEOMAVAEGA, Mr. DEUTCH, Mrs. DEGETTE, Ms. SLAUGHTER, Mr. use a best-value contracting method in CAPPS, Mr. QUIGLEY, Ms. GABBARD, MORAN, Ms. WASSERMAN SCHULTZ, awarding local guard or protective service Mr. POCAN, Ms. PINGREE of Maine, Ms. ROYBAL-ALLARD, Mr. GRIJALVA, contracts in high risk areas abroad under the Ms. SINEMA, Mr. CAPUANO, Mr. Ms. BONAMICI, Ms. CLARKE, Ms. diplomatic security program; to the Com- TAKANO, Ms. MENG, Mr. TONKO, Mr. SPEIER, Mr. DEUTCH, Mr. BLU- mittee on Foreign Affairs. SABLAN, Ms. CASTOR of Florida, Ms. MENAUER, Ms. LOFGREN, Mr. LEWIS, By Ms. ROS-LEHTINEN (for herself, SPEIER, Mr. CICILLINE, Mr. CA´ RDENAS, Ms. CHU, Mr. RANGEL, Ms. MCCOLLUM, Mrs. BLACK, Mr. BOUSTANY, Mr.

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BRADY of Texas, Mr. FRANKS of Ari- 60 years of age in order to be eligible to re- H. Res. 69. A resolution supporting the des- zona, Mr. JONES, Mr. DESJARLAIS, Mr. ceive health care benefits; to the Committee ignation of March 2013, as National CRENSHAW, Mr. LIPINSKI, Mr. MARCH- on Armed Services. Colorectal Cancer Awareness Month; to the ANT, Mr. KING of Iowa, Mr. GRIFFITH By Mr. WITTMAN: Committee on Oversight and Government of Virginia, Mr. NEUGEBAUER, Mr. H.R. 739. A bill to require the Office of Reform. CHABOT, Mr. COLE, Mr. HALL, Mr. Management and Budget to prepare a cross- By Mr. HUELSKAMP: GARRETT, Mr. MICA, Mr. SMITH of cut budget for restoration activities in the H. Res. 70. A resolution recognizing the New Jersey, Mr. FINCHER, Mr. Chesapeake Bay watershed, to require the 150th anniversary of Kansas State Univer- POMPEO, Mr. WITTMAN, Mr. POE of Environmental Protection Agency to de- sity; to the Committee on Education and the Texas, Mr. DIAZ-BALART, Mr. GRIFFIN velop and implement an adaptive manage- Workforce. of Arkansas, Mr. STIVERS, Mr. CAR- ment plan, and for other purposes; to the By Mr. LOEBSACK (for himself, Mr. TER, Mr. RODNEY DAVIS of Illinois, Committee on Natural Resources, and in ad- JORDAN, Mr. WALZ, Mr. BRALEY of Mrs. HARTZLER, Mr. NUNNELEE, Mr. dition to the Committee on Transportation Iowa, Mr. KING of Iowa, and Mr. WALBERG, Mr. RIBBLE, Mr. and Infrastructure, for a period to be subse- LATHAM): MULVANEY, Mr. LAMBORN, Mr. quently determined by the Speaker, in each H. Res. 71. A resolution opposing the Inter- BENISHEK, Mr. FLEMING, Mr. CAL- case for consideration of such provisions as national Olympic Committee’s decision to VERT, Mr. KELLY, Mr. PALAZZO, Mr. fall within the jurisdiction of the committee eliminate wrestling from the Summer Olym- WENSTRUP, Mr. HULTGREN, Mr. JOR- concerned. pic Games beginning in 2020; to the Com- DAN, Mr. PEARCE, Mr. WILSON of By Mr. YOUNG of Alaska (for himself, mittee on Foreign Affairs. Ms. HANABUSA, Mr. PIERLUISI, Ms. South Carolina, Mr. GUTHRIE, Mr. f WESTMORELAND, Mr. MCCLINTOCK, BORDALLO, and Mr. SABLAN): H.R. 740. A bill to provide for the settle- Mrs. BLACKBURN, Mr. HUELSKAMP, CONSTITUTIONAL AUTHORITY ment of certain claims under the Alaska Na- Mr. CONAWAY, Mr. TERRY, Mr. MILLER STATEMENT tive Claims Settlement Act, and for other of Florida, Mr. SHUSTER, Mr. BILI- purposes; to the Committee on Natural Re- Pursuant to clause 7 of rule XII of RAKIS, Mr. TIBERI, Mr. HUIZENGA of sources. the Rules of the House of Representa- Michigan, Mr. ROGERS of Kentucky, By Mr. NOLAN (for himself and Mr. Mr. LATTA, Mr. KING of New York, tives, the following statements are sub- POCAN): Mr. OLSON, Mr. GRAVES of Missouri, mitted regarding the specific powers H.J. Res. 29. A joint resolution proposing Mr. HENSARLING, Mr. RAHALL, Mr. granted to Congress in the Constitu- an amendment to the Constitution of the TURNER, Mrs. BACHMANN, Mr. ALEX- tion to enact the accompanying bill or United States providing that the rights ex- ANDER, Mr. MURPHY of Pennsylvania, tended by the Constitution are the rights of joint resolution. Mr. MULLIN, and Mr. SCALISE): natural persons only; to the Committee on H.R. 732. A bill to amend title 18, United [Omitted from the Record of February 13, 2013] the Judiciary. States Code, to prohibit taking minors By Mr. LOBIONDO: across State lines in circumvention of laws By Mr. PRICE of Georgia: H.R. 625. H.J. Res. 30. A joint resolution proposing requiring the involvement of parents in abor- Congress has the power to enact this legis- an amendment to the Constitution of the tion decisions; to the Committee on the Ju- lation pursuant to the following: United States to limit the number of years diciary. Article 1, Section 8, Clause 18 of The Con- Representatives and Senators may serve; to By Mr. RUNYAN (for himself and Mr. stitution of the United States of America the Committee on the Judiciary. WALZ): By Mr. SMITH of Washington: H.R. 733. A bill to amend title 38, United By Mr. SCHIFF (for himself, Mr. CAPU- H.R. 683. States Code, to provide certain employees of ANO, Mr. CICILLINE, Mr. FARR, Mr. Congress has the power to enact this legis- Members of Congress and certain employees GARAMENDI, Mr. HIMES, Ms. LEE of lation pursuant to the following: of State or local governmental agencies with California, Mr. MICHAUD, Mr. MORAN, The constitutional authority on which this access to case-tracking information of the Ms. NORTON, Mr. WELCH, Mr. VAN bill rests is the power of Congress ‘‘to make Department of Veterans Affairs; to the Com- HOLLEN, Mr. RUPPERSBERGER, Ms. Rules for the Government and Regulation of mittee on Veterans’ Affairs. MCCOLLUM, and Mr. RANGEL): the land and naval Forces’’ as enumerated in H.J. Res. 31. A joint resolution proposing By Mr. STIVERS (for himself and Mr. Article I, section 8 of the United States Con- an amendment to the Constitution of the PETERS of Michigan): stitution and in pursuit of the Equal Protec- H.R. 734. A bill to create jobs and promote United States relating to the authority of tion Clause found in section 1 of the Four- fair trade by increasing duties on certain for- Congress and the States to regulate con- teenth Amendment. eign goods imported into the United States; tributions and expenditures in political cam- By Mr. WOMACK: to the Committee on Ways and Means. paigns and to enact public financing systems H.R. 684. By Mr. THOMPSON of Mississippi: for such campaigns; to the Committee on the Congress has the power to enact this legis- H.R. 735. A bill to enhance homeland secu- Judiciary. lation pursuant to the following: rity, including domestic preparedness and By Mr. PAYNE (for himself, Ms. Commerce Clause of the United States collective response to terrorism, by improv- MCCOLLUM, Mr. MEEKS, Mr. RANGEL, Constitution, Article I, Section 8, Clause 3. ing the Federal Protective Service, and for Mrs. CHRISTENSEN, Ms. NORTON, Mr. By Mr. SAM JOHNSON of Texas: other purposes; to the Committee on Trans- DANNY K. DAVIS of Illinois, Mr. H.R. 685. portation and Infrastructure, and in addition MORAN, Mr. DENT, Mr. CUMMINGS, Congress has the power to enact this legis- to the Committee on Homeland Security, for Mrs. BEATTY, Ms. LEE of California, lation pursuant to the following: a period to be subsequently determined by Mr. CONNOLLY, Ms. BORDALLO, Ms. Article 1, Section 8 of the Constitution. the Speaker, in each case for consideration MOORE, Mr. GEORGE MILLER of Cali- By Mrs. NOEM: of such provisions as fall within the jurisdic- fornia, Mr. HOLT, Mr. FITZPATRICK, H.R. 686. tion of the committee concerned. Mr. ANDREWS, Mr. COBLE, Mrs. Congress has the power to enact this legis- By Mr. WELCH (for himself, Mr. COSTA, NAPOLITANO, Mr. PASCRELL, Mr. KING lation pursuant to the following: Mr. CICILLINE, Mr. SIRES, Ms. SCHA- of New York, Mr. SIRES, Mr. COOPER, Article I, Section 8, Clause 3, the Com- KOWSKY, Mrs. DAVIS of California, Mr. Mr. RUNYAN, Mrs. NEGRETE MCLEOD, merce Clause. ELLISON, and Ms. BONAMICI): Mr. PALLONE, Mr. LEVIN, Mr. LOBI- By Mr. GOSAR: H.R. 736. A bill to provide for the expansion ONDO, Mr. LANCE, Mr. LEWIS, Mr. H.R. 687. of affordable refinancing of mortgages held CARSON of Indiana, Mr. MCGOVERN, Congress has the power to enact this legis- by the Federal National Mortgage Associa- Mr. BISHOP of Georgia, Mr. FARR, Mr. lation pursuant to the following: tion and the Federal Home Loan Mortgage THOMPSON of Pennsylvania, Mr. Article IV of the Constitution provides the Corporation; to the Committee on Financial DOYLE, Mr. GARRETT, Mr. CONYERS, authority of Congress over federal property Services. Mr. RUSH, Ms. FUDGE, Mr. FRELING- as a general matter. Article IV, § 3 refers to By Ms. WILSON of Florida (for herself HUYSEN, Mr. SMITH of New Jersey, the managerial authority over property and Ms. BROWN of Florida): Mr. TAKANO, Mr. JEFFRIES, Mr. DAVID owned by the Federal Government, and pro- H.R. 737. A bill to establish a national cat- SCOTT of Georgia, Ms. EDDIE BERNICE vides in relevant part: astrophic risk consortium to ensure the JOHNSON of Texas, Mr. HASTINGS of The Congress shall have Power to dispose availability and affordability of home- Florida, Mr. BUTTERFIELD, Ms. of and make all needful Rules and Regula- owners’ insurance coverage for catastrophic CLARKE, Mr. AL GREEN of Texas, Mr. tions respecting the Territory or other Prop- events; to the Committee on Financial Serv- ELLISON, Ms. SEWELL of Alabama, Ms. erty belonging to the United States; . . . ices. WILSON of Florida, Ms. WATERS, Ms. By virtue of this enumerated power, Con- By Mr. WILSON of South Carolina: EDWARDS, Mr. RICHMOND, Mr. gress has governing authority over the lands, H.R. 738. A bill to amend title 10, United CLEAVER, Mr. CLYBURN, Mr. THOMP- territories, or other property of the United States Code, to eliminate the requirement SON of Mississippi, Ms. BROWN of States—and with this authority Congress is that certain former members of the reserve Florida, Mr. VEASEY, and Mr. vested with the power accredited to all own- components of the Armed Forces be at least HORSFORD): ers in fee, the power to sell, lease, dispose,

VerDate Mar 15 2010 03:38 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\L14FE7.100 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H548 CONGRESSIONAL RECORD — HOUSE February 14, 2013 exchange, transfer, trade, mine, or simply which grants Congress the power to raise and This bill is enacted pursuant to the power preserve land. The appropriate acreage to be support an Army; to provide and maintain a granted to Congress under Article I, Section held under Federal dominance is not the sub- Navy; to make rules for the government and 8, Clause 18 of the United States Constitu- ject of this bill. Turning to the power of Ar- regulation of the land and naval forces; to tion. ticle IV, § 3, the Supreme Court has described provide for organizing, arming, and dis- By Mr. CARNEY: this enumerated grant as one ‘‘without limi- ciplining the militia; and to make all laws H.R. 703. tation’’ Kleppe v. New Mexico, 426 U.S. 529, necessary and proper for carrying out the Congress has the power to enact this legis- 542–543 (1976) (‘‘And while the furthest foregoing powers. lation pursuant to the following: reaches of the power granted by the Property By Mr. GEORGE MILLER of Cali- Clause 1 of Section 8 of Article I of the Clause have not yet been definitively re- fornia: Constitution; solved, we have repeatedly observed that H.R. 691. Clause 18 of Section 8 of Article I of the ‘[t]he power over the public land thus en- Congress has the power to enact this legis- Constitution; and trusted to Congress is without limitations’ ’’ lation pursuant to the following: Clause 2 of Section 3 of Article IV of the Citing United States v. San Francisco, 310 Clause 3 & 18 of Section 8, Article I, of the Constitution. U.S. 29. The Court in Kleppe further ex- U.S. Constitution By Mr. CARTER: plained that ‘‘In short, Congress exercises By Mr. BARLETTA: H.R. 704. the powers both of a proprietor and of a leg- H.R. 692. Congress has the power to enact this legis- islature over the public domain.’’ Id. Like Congress has the power to enact this legis- lation pursuant to the following: The constitutional authority of Congress any ‘‘propiretor’’ Congress has the power to lation pursuant to the following: to enact this legislation is provided by Arti- sell or exchange federal property. Congress has the power to enact this legis- It is now generally accepted that the Fed- lation, the Protecting Department of Home- cle I, section 8 of the United States Constitu- eral Government may own and manage prop- land Security Personnel Act of 2013, pursu- tion clause 14, which grants Congress the erty in the manner and form mandated by ant to the following: power to make Rules for the Government Congress. United States v. Gratiot, 39 U.S. This bill makes changes to existing law re- and Regulation of the land and naval Forces. 526 (1840); Camfield v. United States, 167 U.S. lating to ‘‘Article 1 Section 8 of the U.S. By Mr. CARTER: H.R. 705. 518 (1897). However, the wisdom of the Fed- Constitution Clause 18.’’ Congress has the power to enact this legis- eral Government owning large tracts of land, By Mr. PITTS: H.R. 693. lation pursuant to the following: particularly in the Western States, is subject The constitutional authority of Congress Congress has the power to enact this legis- to question on policy grounds, and some con- to enact this legislation is provided by Arti- lation pursuant to the following: tend on Constitutional grounds based on the cle I, section 8 of the United States Constitu- Article I, Section 8, Clause 3: The Congress decision in Pollard’s Lessee v. Hagan, 44 U.S. tion clause 14, which grants Congress the shall have Power to regulate Commerce with 212 (where the Court stated that ‘‘a proper power to make Rules for the Government foreign Nations, and among the several examination of this subject will show that and Regulation of the land and naval Forces. States, and with the Indian tribes. the United States never held any municipal By Mr. CICILLINE: By Ms. SCHAKOWSKY: sovereignty, jurisdiction, or right of soil in H.R. 706 H.R. 694. and to the territory of which Alabama or any Congress has the power to enact this legis- Congress has the power to enact this legis- of the new States were formed, except for lation pursuant to the following: temporary purposes . . . .’’ Historically, the lation pursuant to the following: Article 1 Section 8 Article I, Section 8, Clause 1 early federal government transferred owner- By Mr. CRAWFORD: ship of federal property to either private By Mr. DENHAM: H.R. 707. ownership or to state ownership in order to H.R. 695 Congress has the power to enact this legis- pay off the then crushing Revolutionary War Congress has the power to enact this legis- lation pursuant to the following: debts and to assist with the development of lation pursuant to the following: Clause 3 of Section 8 of Article 1 of the infrastructure. These are still acceptable Article I, Section 8 of the United States United States Constitution. goals for federal property sale or transfer. Constitution, specifically Clause 1 (relating The Congress shall have the Power . . . To The land exchange here is one that com- to providing for the common defense and establish an uniform Rule of Naturalization ports with good policy and constitutional general welfare of the United States) and . . . strictures since by exchanging the land set Clause 18 (relating to the power to make all By Mr. DOYLE: forth in this bill, a large commercial grade laws necessary and proper for carrying out H.R. 708. copper mine will be able to proceed with the the powers vested in Congress). Congress has the power to enact this legis- attendant economic benefits with which such By Mr. HORSFORD: lation pursuant to the following: a proposition inures (assuming compliance H.R. 696. Article 6—Clause 2 with other requirements set forth in the Congress has the power to enact this legis- All Debts contracted and Engagements en- bill), but the Federal Government also gains lation pursuant to the following: tered into, before the Adoption of this Con- equally valuable land that has significance Article 1 Section 8 stitution, shall be as valid against the for other purposes. By Mr. HECK of Nevada: United States under this Constitution, as Article 1, § 8, Cl. 17 addresses property H.R. 697. under the Confederation. ceded by a state and conveys exclusive regu- Congress has the power to enact this legis- This Constitution, and the Laws of the latory federal jurisdiction over these federal lation pursuant to the following: United States which shall be made in Pursu- properties and enclaves. Section 8, Cl, 17 may Article 1, Section 8, Clause 1 ance thereof; and all Treaties made, or which also provide some guidance here to the ex- By Mrs. CAPPS: shall be made, under the Authority of the tent it grants Congress the power to ‘‘exer- H.R. 698. United States, shall be the supreme Law of cise like Authority over all Places purchased Congress has the power to enact this legis- the Land; and the Judges in every State by the Consent of the Legislature of the lation pursuant to the following: shall be bound thereby, any Thing in the State in which the Same shall be, for the Article I, Section 8, Clause 1 of the United Constitution or Laws of any State to the Erection of Forts, Magazines, Arsenals, States Constitution. Contrary notwithstanding. dock-Yards and other needful Buildings.’’ By Mr. VAN HOLLEN: The Senators and Representatives before But it is Article IV that this bill is grounded H.R. 699. mentioned, and the Members of the several Congress has the power to enact this legis- upon. State Legislatures, and all executive and ju- lation pursuant to the following: By Mr. ROYCE: dicial Officers, both of the United States and H.R. 688. Article 1, Section 8, Clause 1; Article 1 Sec- of the several States, shall be bound by Oath Congress has the power to enact this legis- tion 8, Clause 18; and Article 1, Section 9, or Affirmation, to support this Constitution; lation pursuant to the following: Clause 7 of the U.S. Constitution. but no religious Test shall ever be required Under Article I, Section 8, Clause 3 of the By Mr. GEORGE MILLER of Cali- as a Qualification to any Office or public U.S. Constitution to regulate commerce. fornia: Trust under the United States. By Mr. BLUMENAUER: H.R. 700. By Mr. ELLISON: H.R. 689. Congress has the power to enact this legis- H.R. 709. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article I, Section 8 lation pursuant to the following: Article I, Section 8, Clause 1 of the Con- By Mr. McHENRY: Art. I, Sec. 8, Clauses 3 and 18. stitution (relating to the general Welfare of H.R. 701. By Mr. FARR: the United States). Congress has the power to enact this legis- H.R. 710. By Mr. LATHAM: lation pursuant to the following: Congress has the power to enact this legis- H.R. 690. Article One, Section Eight. lation pursuant to the following: Congress has the power to enact this legis- By Mr. BRALEY of Iowa: Article I, Sec. 8 [‘‘to regulate commerce’’], lation pursuant to the following: H.R. 702. and Amendment IV [‘‘to be secure . . . Article I, section 8 of the United States Congress has the power to enact this legis- against unreasonable searches and sei- Constitution (clauses 12, 13, 14, 16, and 18), lation pursuant to the following: zures’’], and

VerDate Mar 15 2010 04:19 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.019 H14FEPT1 smartinez on DSK6TPTVN1PROD with HOUSE February 14, 2013 CONGRESSIONAL RECORD — HOUSE H549 Amendment VI [‘‘the accused shall . . . have going Powers, and all other Powers vested by Powers, and all other Powers vested by this compulsory process for obtaining witnesses this Constitution in the Government of the Constitution in the Government of the in his favor . . .’’]. United States, or in any Department or Offi- United States, or in any Department or Offi- By Ms. FOXX: cer thereof. cer thereof.’’ H.R. 711. By Ms. JENKINS: This bill provides rules for the Govern- Congress has the power to enact this legis- H.R. 721. ment, specifically, for the Wildlife Services lation pursuant to the following: Congress has the power to enact this legis- program of the Animal and Plant Health In- Because the legislation would change the lation pursuant to the following: spection Service. This law is necessary and formula for government contracts on fed- Article I, Section 8: proper for carrying out the power to make eral-aid highway and public construction The Congress shall have Power To lay and rules for the proper operation of a division of transportation projects, it is authorized collect Taxes, Duties, Imposts and Excises, the government of the United States. under clause 1 of section 8 of article 1 of the to pay the Debts and provide for the common By Mr. RADEL: Constitution which states ‘‘[t]he Congress Defense and general Welfare of the United H.R. 731. shall have Power to lay and collect Taxes, States; but all Duties, Imposts and Excises Congress has the power to enact this legis- Duties, Imposts and Excises, to pay the shall be uniform throughout the United lation pursuant to the following: Debts and provide for the common Defence States. This law is enacted pursuant to the fol- and general Welfare of the United States; but By Mr. KING of New York: lowing provisions of the United States Con- all Duties, Imposts and Excises shall be uni- H.R. 722. stitution: form throughout the United States.’’ Congress has the power to enact this legis- Article 1, Section 8, Clause 3; Article 1, By Mr. FRELINGHUYSEN: lation pursuant to the following: Section 8, Clause 14; Article 1, Section 8, H.R. 712. Article I, Section 8, Clause 6 Clause 18; Congress has the power to enact this legis- The Congress shall have Power . . . To By Ms. ROS-LEHTINEN: lation pursuant to the following: make all Laws which shall be necessary and H.R. 732. Article I, Section 8 of the United States proper for carrying into Execution the fore- Congress has the power to enact this legis- Constitution going Powers, and all other Powers vested by lation pursuant to the following: By Mr. GERLACH: this Constitution in the Government of the This bill is enacted pursuant to the power H.R. 713. United States, or in any Department or Offi- granted to Congress under Article I, Section Congress has the power to enact this legis- cer thereof. 8, Clause 3 of the United States Constitution. lation pursuant to the following: By Mr. LANGEVIN: By Mr. RUNYAN: The Congress enacts this bill pursuant to H.R. 723. H.R. 733. Clause 1 of Section 8 of Article I of the Congress has the power to enact this legis- Congress has the power to enact this legis- United States Constitution. lation pursuant to the following: lation pursuant to the following: By Mr. GRIMM: Article I, section 8, Clause 1 and Article Title I, Section 8 H.R. 714. IV, section 3 of the Constitution of the By Mr. STIVERS: Congress has the power to enact this legis- United States grant Congress the authority H.R. 734. Congress has the power to enact this legis- lation pursuant to the following: to enact this bill. lation pursuant to the following: Article I, Section 8, Clause 4 By Mr. LATTA: Congress’ power to regulate Commerce The Congress shall have Power *** To es- H.R. 724. with foreign Nations under Article I, Section tablish an uniform Rule of Naturalization, Congress has the power to enact this legis- 8, Clause 3 of the U.S. Constitution. and uniform Laws on the subject of Bank- lation pursuant to the following: By Mr. THOMPSON of Mississippi: ruptcies throughout the United States. Article 1, Section 8, cl. 3 H.R. 735. The Congress shall have the power . . . to By Mr. HASTINGS of Florida: Congress has the power to enact this legis- H.R. 715. regulate commerce with foreign nations, and lation pursuant to the following: Congress has the power to enact this legis- among the states, and with Indian Tribes; The U.S. Constitution, including Article 1, lation pursuant to the following: By Ms. LEE of California: Section 8. Section 8 of Article 1 of the Constitution H.R. 725. By Mr. WELCH: By Ms. HERRERA BEUTLER: Congress has the power to enact this legis- H.R. 736. H.R. 716. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- This bill is enacted pursuant to the power lation pursuant to the following: lation pursuant to the following: granted to Congress under Article I of the Article 1, Section 8, Clause 18: The Con- Article IV, Section 3, Clause 2 United States Constitution and its subse- gress shall have Power To . . . make all The Congress shall have Power to dispose quent amendments, and further clarified and Laws which shall be necessary and proper for of and make all needful Rules and Regula- interpreted by the Supreme Court of the carrying into Execution the foregoing Pow- tions respecting the Territory or other Prop- United States. ´ ers, and all other Powers vested by this Con- erty belonging to the United States; and By Mr. BEN RAY LUJAN of New Mex- stitution in the Government of the United nothing in this Constitution shall be so con- ico: States, or in any Department or Officer strued as to Prejudice any Claims of the H.R. 726. thereof. United States, or of any particular State. Congress has the power to enact this legis- By Ms. WILSON of Florida: By Mr. HONDA: lation pursuant to the following: H.R. 737. H.R. 717. Article 1, Section 8 ´ Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. BEN RAY LUJAN of New Mex- lation pursuant to the following: lation pursuant to the following: ico: Article I, Section 8, Clause 1 The Congress section 8 of article I of the Constitution. H.R. 727. shall have Power to lay and collect Taxes, By Mr. HULTGREN: Congress has the power to enact this legis- Duties, Imposts and Excises, to pay the H.R. 718. lation pursuant to the following: Debts and provide for the common Defense Congress has the power to enact this legis- Article 1, Section 8 and general Welfare of the United States; but lation pursuant to the following: By Mrs. CAROLYN B. MALONEY of all Duties, Imposts and Excises shall be uni- Clause 3 of Section 8, Article 1 of the Con- New York: form throughout the United States. stitution—Congress shall have the power to H.R. 728. By Mr. WILSON of South Carolina: regulate commerce. . .among the several Congress has the power to enact this legis- H.R. 738. states. . . lation pursuant to the following: Congress has the power to enact this legis- By Mr. KING of New York: Clause 3 of Section 8 of Article I of the lation pursuant to the following: H.R. 719. Constitution. Article 1, Section 8 Congress has the power to enact this legis- By Mr. MCDERMOTT: By Mr. WITTMAN: lation pursuant to the following: H.R. 729. H.R. 739. Article I, Section 8, Clause 3 Congress has the power to enact this legis- Congress has the power to enact this legis- The Congress shall have Power to regulate lation pursuant to the following: lation pursuant to the following: Commerce with foreign Nations, and among Article 1, Section 8, clause 1 Article I, Section 8, Clause 3 of the Con- the several States, and with the Indian By Mr. MULVANEY: stitution of the United States grants Con- Tribes. H.R. 730. gress the authority to enact this bill. By Mr. KING of New York: Congress has the power to enact this legis- By Mr. YOUNG of Alaska: H.R. 720. lation pursuant to the following: H.R. 740. Congress has the power to enact this legis- Article I, Section 8, Clause 14. ‘‘To make Congress has the power to enact this legis- lation pursuant to the following: Rules for the Government and Regulation of lation pursuant to the following: Article I, Section 8, Clause 6 the land and naval Forces.’’ Article IV, Section 3, Clause 2 and Article The Congress shall have Power . . . To Article I, Section 8, Clause 18. ‘‘To make 1, Section 8, Clause 3. make all Laws which shall be necessary and all Laws which shall be necessary and proper By Mr. NOLAN: proper for carrying into Execution the fore- for carrying into Execution the foregoing H.J. Res. 29.

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Congress has the power to enact this legis- H.R. 366: Mr. CARTWRIGHT, Ms. KUSTER, Mr. H.R. 273 lation pursuant to the following: PAULSEN, and Mr. WALBERG. OFFERED BY: MR. VAN HOLLEN The Constitutional Authority to Amend H.R. 377: Mr. BISHOP of Georgia, Mr. AMENDMENT NO. 1: Page 2, after line 11, add O’ROURKE, Mr. CROWLEY, Mr. GARCIA, Mr. the Constitution is found in Article 5 of the the following: Constitution. MARKEY, Mr. THOMPSON of Mississippi, and SEC. 2. SHORT TITLE; TABLE OF CONTENTS. By Mr. PRICE of Georgia: Mr. VARGAS. H.J. Res. 30. H.R. 416: Mr. ROKITA and Mr. WEBER of (a) SHORT TITLE.—This Act (excluding sec- Congress has the power to enact this legis- Texas. tion 1) may be cited as the ‘‘Balanced Ap- lation pursuant to the following: H.R. 419: Mr. MCCAUL and Mr. JONES. proach to Deficit Reduction’’. Article V whereby the U.S. Constitution H.R. 447: Mr. ROKITA, Mrs. NOEM, Mr. (b) TABLE OF CONTENTS.— may be altered. KLINE, Mr. SENSENBRENNER, and Mr. SCALISE. Sec. 2. Short title; table of contents. By Mr. SCHIFF: H.R. 454: Mr. PITTS and Mr. CARTWRIGHT. TITLE I—BUDGET PROCESS AMEND- H.J. Res. 31. H.R. 492: Mr. MESSER, Mr. JONES, Mr. MENTS TO REPLACE FISCAL YEAR 2013 Congress has the power to enact this legis- SCHWEIKERT, Mr. BENTIVOLIO, Mr. BENISHEK, SEQUESTRATION lation pursuant to the following: Mr. DESANTIS, and Mr. LAMALFA. H.R. 493: Mr. MILLER of Florida, Mr. POE of Sec. 101. Repeal and replace the 2013 seques- Congress has the power to enact this legis- Texas, Mr. HALL, and Mr. LIPINSKI. ter. lation pursuant to Article V of the United H.R. 497: Mrs. BROOKS of Indiana, Mr. Sec. 102. Protecting veterans programs from States Constitution. FITZPATRICK and Mr. MATHESON. sequester. f H.R. 503: Mr. BUTTERFIELD and Mr. ROKITA. TITLE II—AGRICULTURAL SAVINGS H.R. 517: Mr. RANGEL, Mr. POCAN, Mr. ADDITIONAL SPONSORS Sec. 201. One-year extension of agricultural MORAN, and Mr. TAKANO. commodity programs, except Under clause 7 of rule XII, sponsors H.R. 530: Mr. FITZPATRICK. direct payment programs. H.R. 540: Ms. ZOE LOFGREN. were added to public bills and resolu- TITLE III—OIL AND GAS SUBSIDIES tions as follows: H.R. 557: Mr. GRIFFIN of Arkansas. H.R. 578: Mr. GRIFFIN of Arkansas, Mr. JOR- Sec. 301. Limitation on section 199 deduction H.R. 24: Mr. YOUNG of Indiana, Mr. MILLER DAN, Mr. LAMALFA, Mr. BRADY of Texas, Mr. attributable to oil, natural gas, of Florida, Mr. MICA, Mr. ADERHOLT, Mr. WALBERG, Mr. MEADOWS, and Mr. WILSON of or primary products thereof. STUTZMAN, Mr. CRAWFORD, Mr. CASSIDY, Mr. South Carolina. Sec. 302. Prohibition on using last-in, first- BOUSTANY, and Mr. FLEISCHMANN. H.R. 580: Mr. GERLACH, Mr. BISHOP of Utah, out accounting for major inte- H.R. 50: Ms. EDDIE BERNICE JOHNSON of and Mr. PEARCE. grated oil companies. Texas, Mr. CARSON of Indiana, Mr. MICHAUD, H.R. 582: Mr. HALL, Mr. POSEY, and Mr. Sec. 303. Modifications of foreign tax credit Mr. TAKANO, and Mr. THOMPSON of California. DUNCAN of Tennessee. rules applicable to major inte- H.R. 104: Mr. MESSER and Mr. COTTON. H.R. 583: Mrs. DAVIS of California. grated oil companies which are H.R. 111: Mr. PETERS of California, Mr. H.R. 584: Mr. LIPINSKI, Ms. ZOE LOFGREN, dual capacity taxpayers. Mr. GEORGE MILLER of California, and Mr. RUSH, and Mr. MCNERNEY. TITLE IV—THE BUFFETT RULE H.R. 124: Mr. BILIRAKIS, Ms. DEGETTE, Mr. BLUMENAUER. Sec. 401. Fair share tax on high-income tax- LOBIONDO and Mr. MICHAUD. H.R. 588: Ms. GABBARD, Mr. RYAN of Ohio, H.R. 148: Mr. JEFFRIES and Mr. FARR. and Mr. SCHIFF. payers. H.R. 164: Mr. GERLACH, Mr. MCNERNEY, Mr. H.R. 597: Mrs. NAPOLITANO. TITLE V—SENSE OF THE HOUSE H.R. 612: Mr. MARINO. ROE of Tennessee and Mr. WHITFIELD. Sec. 501. Sense of the House on the need for H.R. 618: Mr. MCGOVERN. H.R. 165: Mr. JONES. a fair, balanced and bipartisan H.R. 627: Ms. MCCOLLUM, Mr. TIBERI, Ms. H.R. 182: Mr. TIERNEY, Mr. GEORGE MILLER approach to long-term deficit BORDALLO, Mr. FARR, and Mr. LANCE. of California, and Mr. HOLT. H.R. 629: Ms. ROYBAL-ALLARD. reduction. H.R. 183: Mr. BUTTERFIELD, Mr. KING of H.R. 636: Mr. MCINTYRE, Mr. KILMER, Ms. TITLE I—BUDGET PROCESS AMENDMENTS New York, and Mr. BISHOP of New York. DELBENE, Mr. MURPHY of Florida, Mr. TO REPLACE FISCAL YEAR 2013 SEQUES- H.R. 203: Mr. GARDNER. SCHIFF, Mr. PETERS of Michigan, Mr. TRATION H.R. 217: Mr. ROTHFUS. O’ROURKE, Ms. TITUS, Mr. LANGEVIN, Mr. SEC. 101. REPEAL AND REPLACE THE 2013 SE- H.R. 220: Mr. UPTON. HUFFMAN, Mr. VARGAS, Mr. BARBER, Mr. QUESTER. H.R. 236: Mr. QUIGLEY. LEVIN, Mr. WELCH, Mr. HECK of Washington, (a) ELIMINATION OF THE FISCAL YEAR 2013 H.R. 239: Mr. BARLETTA and Mr. MULVANEY. and Mr. LOWENTHAL. SEQUESTRATION FOR DISCRETIONARY SPEND- H.R. 241: Mr. WHITFIELD. H.R. 661: Mr. HOLT, Mr. GRIJALVA, and Mr. ING.—Section 251A(7)(A) of the Balanced H.R. 247: Mr. STIVERS and Mr. FINCHER. RUSH. Budget and Emergency Deficit Control Act H.R. 268: Mr. DOGGETT. H.R. 673: Mr. HUIZENGA of Michigan, Mr. of 1985 is repealed. H.R. 273: Mr. MCHENRY and Mr. PERRY. MESSER, Mr. WOLF, and Mr. REED. (b) ELIMINATION OF THE FISCAL YEAR 2013 H.R. 274: Mr. HOLT, Mr. COURTNEY, Mr. H.R. 675: Mr. GEORGE MILLER of California. SEQUESTRATION FOR DIRECT SPENDING.—Any PERLMUTTER, Ms. FRANKEL of Florida, Mr. H.R. 676: Mr. HOLT, Mr. LEWIS, and Mr. sequestration order issued by the President MORAN, Ms. JENKINS, and Mr. CLAY. SCOTT of Virginia. under the Balanced Budget and Emergency H.R. 280: Mr. SARBANES. H.J. Res. 11: Mr. NUNNELEE. Deficit Control Act of 1985 to carry out re- H.R. 281: Mr. BRADY of Pennsylvania. H.J. Res. 25: Ms. GABBARD and Mrs. NAPOLI- ductions to direct spending for fiscal year H.R. 301: Mr. SENSENBRENNER. TANO. H.R. 303: Mr. ROSS, Mr. BACHUS, and Mr. H.J. Res. 26: Mr. POSEY. 2013 pursuant to section 251A of such Act LOBIONDO. H. Con. Res. 3: Mr. BENISHEK. shall have no force or effect. (c) SAVINGS.—The savings set forth by the H.R. 318: Mr. ROYCE. H. Res. 11: Mr. COHEN, Mr. GRAYSON, Mr. enactment of title II shall achieve the sav- H.R. 321: Ms. ESHOO and Ms. GABBARD. HUFFMAN, and Mr. POCAN. H.R. 324: Mr. MCINTYRE and Mr. CASSIDY. H. Res. 12: Mr. GRAYSON, Mr. HUFFMAN, and ings that would otherwise have occurred as a H.R. 335: Mr. WALDEN, Mr. RICE of South Mr. POCAN. result of the sequestration under section Carolina, Mr. RODNEY DAVIS of Illinois, Mr. H. Res. 24: Mr. HARPER, Mr. CASSIDY, and 251A of the Balanced Budget and Emergency HASTINGS of Florida, and Mr. GIBBS. Mrs. ROBY. Deficit Control Act of 1985. H.R. 352: Mr. DESANTIS, Mr. SCHWEIKERT, H. Res. 30: Ms. CLARKE, Mr. REED, Ms. ZOE SEC. 102. PROTECTING VETERANS PROGRAMS Mr. BENTIVOLIO, and Mr. LAMALFA. LOFGREN, Ms. GABBARD, Mrs. LOWEY, Mr. FROM SEQUESTER. H.R. 359: Mr. LOBIONDO. LYNCH, Mr. THOMPSON of California, and Mr. Section 256(e)(2)(E) of the Balanced Budget H.R. 360: Mr. DAVID SCOTT of Georgia, Ms. POCAN. and Emergency Deficit Control Act of 1985 is H. Res. 36: Mr. JONES and Mr. SCALISE. WILSON of Florida, Mr. HOLT, Mr. LARSEN of repealed. H. Res. 51: Mr. COURTNEY and Mr. TAKANO. Washington, Mrs. NAPOLITANO, Mr. TITLE II—AGRICULTURAL SAVINGS H. Res. 65: Mr. POE of Texas, Mr. CHABOT, BUTTERFIELD, Mr. CARSON of Indiana, Mrs. Mr. FRANKS of Arizona, Mr. KINZINGER of Illi- SEC. 201. ONE-YEAR EXTENSION OF AGRICUL- CHRISTENSEN, Ms. CLARKE, Mr. CLEAVER, Mr. TURAL COMMODITY PROGRAMS, EX- nois, Mr. RADEL, Mr. ISRAEL, Mr. HOLDING, CLYBURN, Ms. EDWARDS, Mr. AL GREEN of CEPT DIRECT PAYMENT PROGRAMS. Mr. MESSER, Mr. DUNCAN of South Carolina, Texas, Mr. HORSFORD, Mr. JEFFRIES, Ms. (a) EXTENSION.—Except as provided in sub- Mr. PASCRELL, Mr. SHERMAN, Ms. ROS- EDDIE BERNICE JOHNSON of Texas, Mr. RAN- section (b) and notwithstanding any other LEHTINEN, Mr. TURNER, Mr. KELLY, Mr. GEL, Mr. SCOTT of Virginia, Mr. VEASEY, Ms. provision of law, the authorities provided by SMITH of New Jersey, Mr. PERRY, Mr. COL- SLAUGHTER, Ms. DEGETTE, Ms. FRANKEL of each provision of title I of the Food, Con- LINS of Georgia, Mr. YOHO, and Mr. COOK. Florida, Ms. TITUS, Ms. BROWNLEY of Cali- servation, and Energy Act of 2008 (Public fornia, Mr. HOYER, Ms. SINEMA, Mr. SCHNEI- f Law 110–246; 122 Stat. 1651) and each amend- DER, Mr. MURPHY of Florida, Mr. MCNERNEY, AMENDMENTS ment made by that title (and for mandatory Mr. DEUTCH, Ms. SCHAKOWSKY, Mr. MATHE- programs at such funding levels), as in effect SON, Mr. CROWLEY, Mr. VAN HOLLEN, Mr. Under clause 8 of rule XVIII, pro- on September 30, 2013, shall continue, and LARSON of Connecticut, Mr. TONKO, and Mr. posed amendments were submitted as the Secretary of Agriculture shall carry out CONNOLLY. follows: the authorities, until September 30, 2014.

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(b) TERMINATION OF DIRECT PAYMENT PRO- which is a major integrated oil company (as ‘‘(2) AMOUNT OF TAX.—The amount of tax GRAMS.— defined in section 167(h)(5)(B)) to a foreign determined under this paragraph is an (1) COVERED COMMODITIES.—The extension country or possession of the United States amount equal to the excess (if any) of— provided by subsection (a) shall not apply for any period shall not be considered a tax— ‘‘(A) the tentative fair share tax for the with respect to the direct payment program ‘‘(A) if, for such period, the foreign country taxable year, over under section 1103 of the Food, Conservation, or possession does not impose a generally ap- ‘‘(B) the excess of— and Energy Act of 2008 (7 U.S.C. 8713). plicable income tax, or ‘‘(i) the sum of— (2) PEANUTS.—The extension provided by ‘‘(B) to the extent such amount exceeds the ‘‘(I) the regular tax liability (as defined in subsection (a) shall not apply with respect to amount (determined in accordance with reg- section 26(b)) for the taxable year, the direct payment program under section ulations) which— ‘‘(II) the tax imposed by section 55 for the 1303 of the Food, Conservation, and Energy ‘‘(i) is paid by such dual capacity taxpayer taxable year, plus Act of 2008 (7 U.S.C. 7953). pursuant to the generally applicable income ‘‘(III) the payroll tax for the taxable year, (c) EFFECTIVE DATE.—This section shall tax imposed by the country or possession, or over take effect on the earlier of— ‘‘(ii) would be paid if the generally applica- ‘‘(ii) the credits allowable under part IV of (1) the date of the enactment of this Act; ble income tax imposed by the country or subchapter A (other than sections 27(a), 31, and possession were applicable to such dual ca- and 34). (2) September 30, 2013. pacity taxpayer. ‘‘(b) TENTATIVE FAIR SHARE TAX.—For pur- TITLE III—OIL AND GAS SUBSIDIES Nothing in this paragraph shall be construed poses of this section— SEC. 301. LIMITATION ON SECTION 199 DEDUC- to imply the proper treatment of any such ‘‘(1) IN GENERAL.—The tentative fair share TION ATTRIBUTABLE TO OIL, NAT- amount not in excess of the amount deter- tax for the taxable year is 30 percent of the URAL GAS, OR PRIMARY PRODUCTS mined under subparagraph (B). excess of— THEREOF. ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- ‘‘(A) the adjusted gross income of the tax- (a) DENIAL OF DEDUCTION.—Paragraph (4) of poses of this subsection, the term ‘dual ca- payer, over section 199(c) of the Internal Revenue Code pacity taxpayer’ means, with respect to any ‘‘(B) the modified charitable contribution of 1986 is amended by adding at the end the foreign country or possession of the United deduction for the taxable year. following new subparagraph: States, a person who— ‘‘(2) MODIFIED CHARITABLE CONTRIBUTION ‘‘(E) SPECIAL RULE FOR CERTAIN OIL AND GAS ‘‘(A) is subject to a levy of such country or DEDUCTION.—For purposes of paragraph (1)— INCOME.—In the case of any taxpayer who is possession, and ‘‘(A) IN GENERAL.—The modified charitable a major integrated oil company (as defined ‘‘(B) receives (or will receive) directly or contribution deduction for any taxable year in section 167(h)(5)(B)) for the taxable year, indirectly a specific economic benefit (as de- is an amount equal to the amount which the term ‘domestic production gross re- termined in accordance with regulations) bears the same ratio to the deduction allow- ceipts’ shall not include gross receipts from from such country or possession. able under section 170 (section 642(c) in the the production, transportation, or distribu- ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— case of a trust or estate) for such taxable tion of oil, natural gas, or any primary prod- For purposes of this subsection— year as— uct (within the meaning of subsection (d)(9)) ‘‘(A) IN GENERAL.—The term ‘generally ap- ‘‘(i) the amount of itemized deductions al- thereof.’’. plicable income tax’ means an income tax lowable under the regular tax (as defined in (b) EFFECTIVE DATE.—The amendment (or a series of income taxes) which is gen- section 55) for such taxable year, determined made by this section shall apply to taxable erally imposed under the laws of a foreign after the application of section 68, bears to years ending after December 31, 2013. country or possession on income derived ‘‘(ii) such amount, determined before the SEC. 302. PROHIBITION ON USING LAST-IN, FIRST- from the conduct of a trade or business with- application of section 68. OUT ACCOUNTING FOR MAJOR INTE- in such country or possession. ‘‘(B) TAXPAYER MUST ITEMIZE.—In the case GRATED OIL COMPANIES. ‘‘(B) EXCEPTIONS.—Such term shall not in- of any individual who does not elect to (a) IN GENERAL.—Section 472 of the Inter- clude a tax unless it has substantial applica- itemize deductions for the taxable year, the nal Revenue Code of 1986 is amended by add- tion, by its terms and in practice, to— modified charitable contribution deduction ing at the end the following new subsection: ‘‘(i) persons who are not dual capacity tax- shall be zero. ‘‘(h) MAJOR INTEGRATED OIL COMPANIES.— payers, and ‘‘(c) HIGH-INCOME TAXPAYER.—For purposes Notwithstanding any other provision of this ‘‘(ii) persons who are citizens or residents of this section— section, a major integrated oil company (as of the foreign country or possession.’’. ‘‘(1) IN GENERAL.—The term ‘high-income defined in section 167(h)(5)(B)) may not use taxpayer’ means, with respect to any taxable the method provided in subsection (b) in (b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by year, any taxpayer (other than a corpora- inventorying of any goods.’’. tion) with an adjusted gross income for such FFECTIVE DATE AND SPECIAL RULE.— this section shall apply to taxes paid or ac- (b) E taxable year in excess of $1,000,000 (50 percent (1) IN GENERAL.—The amendment made by crued in taxable years beginning after the of such amount in the case of a married indi- subsection (a) shall apply to taxable years date of the enactment of this Act. vidual who files a separate return). ending after December 31, 2013. (2) CONTRARY TREATY OBLIGATIONS ‘‘(2) INFLATION ADJUSTMENT.— (2) CHANGE IN METHOD OF ACCOUNTING.—In UPHELD.—The amendments made by this sec- tion shall not apply to the extent contrary ‘‘(A) IN GENERAL.—In the case of a taxable the case of any taxpayer required by the year beginning after 2014, the $1,000,000 amendment made by this section to change to any treaty obligation of the United States. amount under paragraph (1) shall be in- its method of accounting for its first taxable creased by an amount equal to— year ending after December 31, 2013— TITLE IV—THE BUFFETT RULE ‘‘(i) such dollar amount, multiplied by (A) such change shall be treated as initi- SEC. 401. FAIR SHARE TAX ON HIGH-INCOME TAX- ‘‘(ii) the cost-of-living adjustment deter- ated by the taxpayer, PAYERS. mined under section 1(f)(3) for the calendar (B) such change shall be treated as made (a) IN GENERAL.—Subchapter A of chapter 1 year in which the taxable year begins, deter- with the consent of the Secretary of the of the Internal Revenue Code of 1986 is mined by substituting ‘calendar year 2013’ Treasury, and amended by adding at the end the following for ‘calendar year 1992’ in subparagraph (B) (C) the net amount of the adjustments re- new part: thereof. quired to be taken into account by the tax- ‘‘(B) ROUNDING.—If any amount as adjusted ‘‘PART VII—FAIR SHARE TAX ON HIGH- payer under section 481 of the Internal Rev- under subparagraph (A) is not a multiple of INCOME TAXPAYERS enue Code of 1986 shall be taken into account $10,000, such amount shall be rounded to the ratably over a period (not greater than 8 tax- ‘‘SEC. 59B. FAIR SHARE TAX. next lowest multiple of $10,000. able years) beginning with such first taxable ‘‘(a) GENERAL RULE.— ‘‘(d) PAYROLL TAX.—For purposes of this year. ‘‘(1) PHASE-IN OF TAX.—In the case of any section, the payroll tax for any taxable year SEC. 303. MODIFICATIONS OF FOREIGN TAX high-income taxpayer, there is hereby im- is an amount equal to the excess of— CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPA- posed for a taxable year (in addition to any ‘‘(1) the taxes imposed on the taxpayer NIES WHICH ARE DUAL CAPACITY other tax imposed by this subtitle) a tax under sections 1401, 1411, 3101, 3201, and TAXPAYERS. equal to the product of— 3211(a) (to the extent such taxes are attrib- (a) IN GENERAL.—Section 901 of the Inter- ‘‘(A) the amount determined under para- utable to the rate of tax in effect under sec- nal Revenue Code of 1986 is amended by re- graph (2), and tion 3101) with respect to such taxable year designating subsection (n) as subsection (o) ‘‘(B) a fraction (not to exceed 1)— or wages or compensation received during and by inserting after subsection (m) the fol- ‘‘(i) the numerator of which is the excess the taxable year, over lowing new subsection: of— ‘‘(2) the deduction allowable under section ‘‘(n) SPECIAL RULES RELATING TO MAJOR IN- ‘‘(I) the taxpayer’s adjusted gross income, 164(f) for such taxable year. TEGRATED OIL COMPANIES WHICH ARE DUAL over ‘‘(e) SPECIAL RULE FOR ESTATES AND CAPACITY TAXPAYERS.— ‘‘(II) the dollar amount in effect under sub- TRUSTS.—For purposes of this section, in the ‘‘(1) GENERAL RULE.—Notwithstanding any section (c)(1), and case of an estate or trust, adjusted gross in- other provision of this chapter, any amount ‘‘(ii) the denominator of which is the dollar come shall be computed in the manner de- paid or accrued by a dual capacity taxpayer amount in effect under subsection (c)(1). scribed in section 67(e).

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‘‘(f) NOT TREATED AS TAX IMPOSED BY THIS Code is amended by adding at the end the (2) sequestration is a meat-ax approach to CHAPTER FOR CERTAIN PURPOSES.—The tax following new item: deficit reduction that imposes deep and imposed under this section shall not be ‘‘Part VII—Fair Share Tax on High-Income mindless cuts, regardless of their impact on treated as tax imposed by this chapter for Taxpayers’’. vital services and investments. purposes of determining the amount of any (d) EFFECTIVE DATE.—The amendments (b) It is the sense of the House that the credit under this chapter (other than the made by this section shall apply to taxable Congress should replace the entire 10-year credit allowed under section 27(a)) or for pur- years beginning after December 31, 2013. poses of section 55.’’. sequester established by the Budget Control TITLE V—SENSE OF THE HOUSE Act of 2011 with a balanced approach that (b) CONFORMING AMENDMENT.—Section SEC. 501. SENSE OF THE HOUSE ON THE NEED would increase revenues without increasing 26(b)(2) of such Code is amended by redesig- FOR A FAIR, BALANCED AND BIPAR- the tax burden on middle-income Americans, nating subparagraphs (C) through (X) as sub- TISAN APPROACH TO LONG-TERM DEFICIT REDUCTION. and decrease long-term spending while main- paragraphs (D) through (Y), respectively, and (a) The House finds that— by inserting after subparagraph (B) the fol- taining the Medicare guarantee, protecting (1) every bipartisan commission has rec- lowing new subparagraph: Social Security and a strong social safety ommended – and the majority of Americans ‘‘(C) section 59B (relating to fair share net, and making strategic investments in agree – that we should take a balanced, bi- education, science, research, and critical in- tax),’’. partisan approach to reducing the deficit frastructure necessary to compete in the (c) CLERICAL AMENDMENT.—The table of that addresses both revenue and spending; parts for subchapter A of chapter 1 of such and global economy.

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Vol. 159 WASHINGTON, THURSDAY, FEBRUARY 14, 2013 No. 24 Senate The Senate met at 10 a.m. and was to the Senate from the President pro military. I met the night before last in called to order by the Honorable BRIAN tempore (Mr. LEAHY). my office with the man who killed SCHATZ, a Senator from the State of The legislative clerk read the fol- Osama bin Laden. I talked to him Hawaii. lowing letter: about his 16-year career as a SEAL and U.S. SENATE, the places he went around the world PRAYER PRESIDENT PRO TEMPORE, protecting the interests of the United The PRESIDING OFFICER. Today’s Washington, DC, February 14, 2013. States. It wasn’t just in Afghanistan, opening prayer will be offered by the To the Senate: not only in Pakistan, but all over the Under the provisions of rule I, paragraph 3, guest Chaplain, Rev. Edward T. world. of the Standing Rules of the Senate, I hereby To think we have now in the Senate Kelaher, of All Saints Church, Chevy appoint the Honorable BRIAN SCHATZ, a Sen- Chase, MD. ator from the State of Hawaii, to perform a situation where we are going to wind The guest Chaplain offered the fol- the duties of the Chair. up without a Secretary of Defense at lowing prayer: PATRICK J. LEAHY, this time. We had all the talk—you Let us pray. President pro tempore. know, we have some questions about Father God, You alone are the sov- Mr. SCHATZ thereupon assumed the Senator Hagel. ereign Lord of this great Nation. Send chair as Acting President pro tempore. Keep in mind he is a Republican. Your Spirit among the men and women They say: We have some questions to f of this Chamber that Your will on ask. But publicly a significant number Earth may be done as it is in Heaven. RECOGNITION OF THE MAJORITY of Republican Senators have said they People suffer, children hunger, labor- LEADER would not filibuster. Remember, there has never in the ers strain under their burdens, and The ACTING PRESIDENT pro tem- history of the country been a filibuster those without a voice cry out in si- pore. The majority leader is recog- of a Defense Secretary nominee—never. lence. Yet we stand before You at risk nized. of doing little or nothing to comfort I needed to file cloture. Not all the and relieve them unless our hearts are f shows, but a number of shows, attacked yielded to You alone. There is nothing SCHEDULE me last night. They said: We told REID we can do without You. and all these people we shouldn’t have Mr. REID. Following my remarks, Give our Senators wisdom beyond agreed to the rules changes because the Senate will resume consideration human understanding, courage beyond this is what we have going on. of the nomination of Senator Hagel to their human hearts, and a sense of ur- I am ignoring that, but it is shocking be Secretary of Defense. gency and benevolence that matches that my Republican colleagues would Yesterday I filed cloture on the Hagel Your own. Lord, as You hear the cries leave the Nation without a fully em- nomination. That vote will occur to- and prayers of Your people, enable our powered Secretary of Defense during morrow morning. leaders by Your Holy Spirit to hear all the things we have going on in the likewise in humility and charity. f world, including a war. Several of my colleagues requested a letter from the We pray these words in Your holy HAGEL NOMINATION Name. Amen. President. A letter was sent at their re- Mr. REID. Mr. President, in less than quest to the chairman of the com- f 2 hours our country will be without a mittee, which is standard procedure, PLEDGE OF ALLEGIANCE Secretary of Defense at a time when we with Senator LEVIN answering all their The Honorable BRIAN SCHATZ led the have a war going on in Afghanistan and questions. Pledge of Allegiance, as follows: about 70,000 troops there. We have a nu- They said: We need that letter so we I pledge allegiance to the Flag of the clear weapon which was detonated in may vote. One stall after another. I am United States of America, and to the Repub- North Korea a few days ago. They are told now that the letter was sent to the lic for which it stands, one nation under God, threatening, as they have publicly on chairman of the committee, and that is indivisible, with liberty and justice for all. other occasions, but after this bomb not good enough. They want it sent to f was set off, that they are doing it to at- individual Senators. tack us. We have this situation in Iran This isn’t high school getting ready APPOINTMENT OF ACTING with all their very militaristic state- for a football game or some play that is PRESIDENT PRO TEMPORE ments against us. being produced at high school, we are The PRESIDING OFFICER. The All over the world America is in- trying to confirm somebody to run the clerk will please read a communication volved in matters dealing with our defense of our country, the military of

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

S721

.

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.000 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S722 CONGRESSIONAL RECORD — SENATE February 14, 2013 our country. That letter was received the majority vote in this body, and this A FAMILIAR SCENARIO yesterday about 4 o’clock, and now democracy. We are a nation at war. We Mr. MCCONNELL. In just 15 days sig- they have indicated they want some- are, whether we like it or not, the nificant across-the-board cuts are set thing else. world’s indispensable leader. We are. to take effect unless the President and A committee of jurisdiction, the For the sake of our national security the Senate Democrats come up with a Armed Services Committee, has exten- it is time to put aside this political plan to replace them with smarter, tar- sive information on Chuck Hagel. They theater, and that is what it is. People geted spending reductions. The Presi- have as much information that is are worried about primary elections. dent and the Senate majority have available on the Benghazi situation: We know how the tea party goes after known about this deadline for more testimony from administration offi- Republicans when they aren’t conserv- than a year. Yet here we are just days cials, from multiple committees, and ative enough. Is that something they before the so-called sequester is set to from an independent review board. Sec- need to have on their resume: I filibus- hit, and a familiar scenario is playing retary Clinton testified; Secretary Pa- tered one of the President’s nominees? out once again. It goes something like netta, who is going to be leaving his Is that what they want? this: job in less than 2 hours; Chairman of The filibuster of Senator Hagel’s Phase 1. Republicans identify a chal- the Joint Chiefs, Martin Dempsey; and nomination is unprecedented. I repeat, lenge and actually propose a solution. others have all testified regarding the not a single nominee for Secretary of Phase 2. Liberals sit on their hands attack that claimed four American Defense of our country has ever been until the last minute. lives. Chuck Hagel had nothing to do filibustered—never, ever. As we all Phase 3. They offer some gimmicky with the attack in Benghazi. Stating know, in a matter of days across-the- tax hike designed to fail and then the administration hasn’t been forth- board cuts are going to take place, and blame everybody else when it does. coming is outlandish. it will affect defense to the tune of $600 Phases 1 and 2 have gone exactly ac- There are serious consequences to billion. Wouldn’t it be nice if we had a cording to plan. House Republicans this delay, consequences that are oc- Secretary of Defense to work things proposed and passed plans to replace curring right now. out? the sequester months ago. As if on cue, The President is making some impor- Leon Panetta, after more than 30 Senate Democrats have doggedly re- tant decisions about Afghanistan. He years of service to this country—Con- fused to consider any of them, much announced to the world just a day or gress, chairman of the Budget Com- less offer any of their own. Here we are two ago that 34,000 troops will be com- mittee, OMB, the President’s Chief of again at phase 3. That means it is now ing home during the next year from Af- Staff, head of the CIA, Secretary of De- time for them to swoop in with the ghanistan. We are negotiating with the fense—after all these years has gone gimmick. Afghan Government regarding how we home to his farm, his family in Cali- That is why our friends on the other will support them beyond 2014. Nego- fornia. side have been huddled behind closed tiations are going on right now. We do not have, as of 12 o’clock doors with pollsters and PR I heard today from former Senator today, a Secretary of Defense. These spinmeisters. They have been busy de- John Kerry that he is headed for the across-the-board cuts are going to be vising the most appealing-sounding tax Middle East. Why? Syria. That is some- very difficult. The Pentagon needs a hikes they can think of. thing else the Secretary of Defense has leader to oversee and manage historic Don’t believe me? Just watch what to be concerned about. cuts and ensure they are made in a re- happens now. Later today, Senate Next week while we are on recess— sponsible way. Democrats are expected to roll out the while we are on recess—they are hav- A moment about Hagel. He was an gimmick. Remember, this is not a solu- ing a NATO Defense Ministers meeting enlisted man in the Vietnam war. He tion. Even they know it can’t pass. But in Brussels about what to do to coordi- didn’t have to go; he enlisted. The that is the idea. It is a political stunt nate our approach on Afghanistan and story of Senator Hagel is not a legend, designed to mask the fact they have of- the rest of our obligations as members it is true. He was a heroic warrior. He fered no solutions and don’t plan to of NATO. It is going to be somewhat was an infantryman. He saved his offer any solutions. It is a total waste unusual that the United States isn’t brother’s life. of time. represented by the Secretary of De- When he was a Senator here the pic- For nearly 2 months, I have been fense. We will not have one if we don’t ture he had was of him and his brother coming to the floor to ask Senate get this done this week. in Vietnam on a personnel carrier. He Democrats to work with us on a bill I am sure they are going to focus on is proud of his service. He should be. He that could pass both Houses of Con- how to end the war responsibly in Af- was wounded two times, an infantry gress. If they were the least bit serious ghanistan, how our alliance will work squad leader, and a man of integrity about a solution, they have had more together through the time of transi- and dedication who has a deep under- than a year to write a bill in com- tion, and how we can ensure Afghani- standing of our national security es- mittee, bring it to the floor, vote on stan doesn’t become a safe haven for tablishment. This came not only from amendments, get it to the House and al-Qaida again. We need a Secretary of his military service but as a Senator, a fix this. Defense at that meeting. It sends a ter- member of the Foreign Relations Com- Instead, they have waited right up rible signal to the hundreds of thou- mittee, and a member of the Intel- until the moment of crisis, just as they sands of troops we have around the ligence Committee. He has been a always do, and then they get together world and the military personnel in the member of the President’s Foreign In- not with the goal of finding a solution United States that we are not going to telligence Advisory Board. but to hatch an escape plan aimed at have a Secretary of Defense. At a time when America faces so making Republicans look like the bad Republicans are telling our troops: many threats—I have outlined just a guys. Their whole goal here isn’t to Well, you may have a leader later. few of them—all across the world our solve the problem, it is to have a show What is going on in Europe, the Brus- Nation needs a man of Senator Hagel’s vote that is designed to fail, call it a sels conference, doesn’t really matter. combination of strategic and personal day, and wait for someone else to pick It sends a terrible signal not only to knowledge. We need a Secretary of De- up the pieces. our military personnel but to the fense. It is tragic that they have de- My message this morning is quite world. cided to filibuster this qualified nomi- simple: There won’t be any easy off- He has answered exhaustive ques- nee. It is really unfortunate. ramps on this one. The days of elev- tions about his record. He has the sup- f enth hour negotiations are over. Wash- port of the President of the United ington Democrats have gotten used to States. RECOGNITION OF THE MINORITY Republicans bailing them out of their I heard a lot of speeches from the LEADER own lack of responsibility. But those other side saying the President should The ACTING PRESIDENT pro tem- days have passed. Look, they run the have the right to choose whomever he pore. The Republican leader is recog- Senate; they run the White House. It is wants. He has the support of this body, nized. time they started acting like it.

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It Since then, we have received two ad- should get a fair public vetting in com- ditional requests for specific speeches, And I added: mittee, and Senators should get a and in each case we forwarded to Sen- During this period, the committee has con- chance to offer amendments. Just yes- ator Hagel the requests. He sought and firmed eight Secretaries of Defense (Secre- provided transcripts of speeches for taries Carlucci, Cheney, Aspin, Perry, Cohen, terday, the President’s own Treasury Rumsfeld, Gates, and Panetta), as well as nominee called for a return to regular which he had no prepared remarks and hundreds of nominees for other senior civil- order. of which he had no copies. So he has re- ian positions in the Department. . . . The So it is time for the President and sponded to those requests, and where committee cannot have two different sets of Senate Democrats to put the games he was able to obtain a transcript or a financial disclosure standards for nominees— and gimmicks aside. It is time they video of the speech from the organiza- one for Senator Hagel and one for other stopped waiting until the last minute tion he addressed, he provided a copy. nominees. to get things done around here. People Where no such materials existed, he As required by the Senate Armed are tired of it. I know my constituents told us that was the case. Services Committee and by the Ethics in Kentucky are certainly tired of it. Senator Hagel was informed that a in Government Act, Senator Hagel has They have had enough of the political video of his remarks existed in one of disclosed all compensation over $5,000 theater. It is time to put the stunts those cases but that the organization that he has received in the last 2 years. aside and actually work on real solu- had been unable to find it. The organi- As required by the Armed Services tions. That is what we were sent here zation has now located the video, and Committee, he has received letters to do, and we should do it. it will be provided to the majority and from the Director of the Office of Gov- Mr. President, I yield the floor. minority staffs of the committee ernment Ethics and the Acting Depart- f today. ment of Defense General Counsel certi- In the last few days there has been fying that he has met all applicable fi- RESERVATION OF LEADER TIME some finding of transcripts or videos nancial disclosure and conflict of inter- The ACTING PRESIDENT pro tem- that have surfaced on the Internet—a est requirements. pore. Under the previous order, the handful of 2008 and 2009 speeches that As required by the Armed Services leadership time is reserved. Senator Hagel did not recollect. So I Committee, he has answered a series of f ask unanimous consent that a list of questions about possible foreign affili- links to the Web transcripts or Web ations. Among other questions, the EXECUTIVE SESSION videos and a list of Senator Hagel’s po- committee asks whether during the tentially relevant Senate speeches that last 10 years the nominee or his spouse NOMINATION OF CHARLES TIM- are a part of the CONGRESSIONAL has ‘‘received any compensation from, OTHY HAGEL TO BE SECRETARY RECORD from 2008 be printed in the or been involved in any financial or OF DEFENSE RECORD immediately following my re- business transactions with, a foreign marks. government or an entity controlled by The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- a foreign government.’’ And Senator pore. Under the previous order, the pore. Without objection, it is so or- Hagel’s answer was ‘‘No.’’ Senate will proceed to executive ses- dered. Mr. LEAHY. Mr. President, will the sion to consider the following nomina- (See exhibit 1.) distinguished chairman of the Armed tion, which the clerk will report. Mr. LEVIN. Mr. President, Senator Services Committee yield for a ques- The legislative clerk read as follows: Hagel stated in his financial disclosure tion? Department of Defense. Nomination of that he received $200,000 from Corsair Mr. LEVIN. I will be happy to. Charles Timothy Hagel, of Nebraska, to be Capital, which is a private equity firm, Mr. LEAHY. Mr. President, I have Secretary. and he was a member of its advisory listened to the recitation. Basically Mr. MCCONNELL. Mr. President, I board. It has been alleged that Senator what the Senator is saying is that all suggest the absence of a quorum. Hagel failed to provide complete finan- the rules that were in place for nomi- The ACTING PRESIDENT pro tem- cial disclosure, despite the admitted nees to the Department of Defense pore. The clerk will call the roll. lack of evidence of any kind, and a under Republican Presidents are being The legislative clerk proceeded to highly negative innuendo was dropped followed for Senator Hagel. But there call the roll. by one of our colleagues which said are some who want to go beyond those Mr. LEVIN. Mr. President, I ask that, and I quote, ‘‘it is, at a minimum, and create new rules beyond those for unanimous consent that the order for relevant to know if that $200,000’’—re- Vice President Cheney when he was the quorum call be rescinded. ferring to those fees from Corsair Cap- Secretary or Donald Rumsfeld or Gates The ACTING PRESIDENT pro tem- ital—‘‘that [Senator Hagel] deposited or any of the other Secretaries of De- pore. Without objection, it is so or- in his bank account came directly from fense. The Senator is saying some now dered. Saudi Arabia, [or] . . . from North want to do something different for this Mr. LEVIN. Mr. President, it has Korea. . . .’’ Without any evidence of nominee of President Obama’s than the been suggested that the Senate should any kind, that kind of innuendo has practices they found totally acceptable not move forward with Senator Hagel’s been dropped here. It is inappropriate, for the nominees of President Bush? nomination, alleging he has not com- unfair, untrue. Mr. LEVIN. The Senator is correct. A plied with requests that he produce Senator Hagel has provided the same number of our colleagues have made speeches. In fact, the standard com- financial disclosure and met the same that demand, and it is simply not mittee questionnaire requires nomi- conflict of interest standards that the something on which we are going to set nees to provide a copy of ‘‘any formal committee requires of all previous a precedent. It is not the way to pro- speeches you have delivered during the nominees. As I explained in a February ceed in this body. last 5 years of which you have copies.’’ 8, 2013, letter to my ranking member, Mr. LEAHY. I stand with the Senator Senator Hagel complied with this re- Senator INHOFE: from Michigan. In the Judiciary Com- quirement before his hearing 2 weeks Our committee has a well-defined set of fi- mittee, we follow the same procedure ago. nancial disclosure and ethics requirements for our judicial nominees regardless of Before the hearing, a number of re- which apply to all nominees for civilian posi- the party of the President who nomi- quests were received from Republican tions in the Department of Defense. . . . We nates them. If we begin switching the have applied these disclosure requirements Members that Senator Hagel seek and and followed this process for all nominees of rules depending upon who is Presi- obtain and provide to the committee both parties throughout the 16 years that I dent—well, if we think the American some transcripts of additional speech- have served as Chairman or Ranking Minor- public holds Congress in low esteem es. In fact, hundreds of pages of tran- ity Member of the [Armed Services] com- right now, it is going to get even

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.008 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S724 CONGRESSIONAL RECORD — SENATE February 14, 2013 worse. So I compliment the Senator for He is just insisting on a 60-vote re- prove a nomination. If a matter is sticking to the rules. quirement for Senate approval. And he being filibustered, 60 votes is required Mr. LEVIN. Mr. President, I thank said it is not unusual to insist on 60 to end the debate, and then, if the de- my good friend from Vermont. votes for the approval of a nominee and bate is ended, there is a vote on a nom- Just to complete my statement on this was done during the Bush adminis- ination or a bill. tration for the nomination of Stephen the financial part, this is relative to No nomination for the position of Johnson to be EPA Administrator and the fees he received when he was on the Secretary of Defense has ever before the nomination of Dirk Kempthorne to advisory board of Corsair Capital. been filibustered. This filibuster breaks This is a company he does not con- be Secretary of the Interior. Well, the Senate rules do not provide new ground. The filibuster of a nomina- trol. He is not in a position to require tion for Secretary of Defense is the that it disclose anything. The other for 60-vote approval of nominations or any other matter. These rules establish first one under any circumstances, and members of the advisory board—all of a 60-vote requirement to invoke cloture it is unwise. The Department is facing whom are identified, by the way, on and end debate. If 60 votes are required a budget crisis that was described as a the company’s Web site—include the here, it is because there is filibuster. 10 on a scale of 1 to 10 by the Chairman chairman of JPMorgan Chase Inter- There is no 60-vote requirement for the of the Joint Chiefs of Staff. So a fili- national, who is a laureate of the 2002 approval of a nomination, and the two buster at this time of a budget crisis is Israel Prize in Economics and a recipi- examples cited by Senator INHOFE ac- exceptionally ill-advised. Leaving the ent of the Scopus Award from Hebrew tually prove this point. On the nomina- Department of Defense leaderless at a University. Other members of the advi- tion of Stephen Johnson, cloture was time when we are in an Afghan con- sory board: the former director of in- invoked by a 61-to-37 vote on April 29, flict, when North Korea has just ex- vestments for Yale University and the 2005. On the nomination of Dirk Kemp- ploded a nuclear device is exception- former chairman of the Financial Serv- thorne, cloture was invoked by an 85- ally ill-advised. And perhaps most im- ices Authority, which is responsible for to-8 vote on May 26, 2006. But—and this portant, having a Department of De- regulating the insurance industry in is the point—after the debate was fense that does not have a new Sec- the United Kingdom. So the innuendo ended by those votes on cloture, the retary confirmed is unfair to the men that Corsair Capital is somehow a pup- nominations were confirmed by regular and women in uniform. It sends them pet entity that is funneling tainted votes of this body. And those regular exactly the wrong message, as it does money to members of its advisory votes are either a voice vote or a ma- to our friends and our adversaries board is unfair. It is totally inappro- jority vote on a rollcall vote. around the world. priate. So that history is, again, an example Mr. President, I yield the floor. Senator INHOFE said yesterday that of how the Senate operates. Sixty votes he is not filibustering this nomination. is not required to approve a bill or ap- EXHIBIT 1 ADDITIONAL SPEECHES AND EVENTS BY CHUCK HAGEL THAT ARE AVAILABLE ON THE INTERNET

December 4, 2008 ...... Israeli Policy Forum Annual Event: ‘‘In His Own Words: Sen. Chuck Hagel on the Middle http://mycatbirdseat.com/2012/12/35795-senator-chuck-hagel-keynote-speech-israel-policy- East’’. forum-annual-event/ May 16, 2009 ...... Georgetown University Commencement Speech ...... http://commencement09.georgetown.edu?p=620 September 23, 2009 ...... 2009 McCarthy Lecture—College of Saint Benedict/Saint John’s University ...... http://www.csbsju.edu/McCarthy-Center/McCarthy-Lecture/McCarthy-Lecture-Archieve/2009- Lecture-htm October 2009 ...... Gerald R. Ford School of Public Policy—University of MIchigan ...... http://www.fordschool.umich.edu/events/calendar/148/ May 28, 2012 ...... 50th Anniversary of the Vietnam War Commemoration ...... http://www.vietnamwar50th.com/media_center/the_honorable_chuck_hagel_memorial_day- 2012_speech/

SPEECHES THAT SENATOR GAVE ON THE SENATE FLOOR IN 2008 THAT COULD BE RELEVANT TO HIS NOMINATION

February 28, 2008 ...... Senate Floor Speech re: GI Bill May 8, 2008 ...... Senate Floor Statement re. Chief Master Sergeant Glenn Freeman May 20, 2008 ...... Senate Floor Speech—Feingold-Hagel bill establishing an independent Foreign Intelligence and Information Commission May 20, 2008 ...... Senate Floor Speech re. GI Bill June 12, 2008 ...... Senate Floor Speech—233rd Birthday of the United States Army October 2, 2008 ...... Senate Floor Speech—Farewell to the Senate

Mr. LEVIN. I suggest the absence of and urge all Senators to support him. and CEO of the USO and the chief oper- a quorum. We are at a time of fiscal austerity. We ating officer of the 1990 G7 Summit. He The ACTING PRESIDENT pro tem- all understand that. But we need a served as president of an investment pore. The clerk will call the roll. leader at the Pentagon, one who under- bank, on the boards of some of the The assistant bill clerk proceeded to stands what it takes to maintain the world’s largest companies, and as a call the roll. strongest military force in the world. two-term U.S. Senator. He is clearly a Mr. LEAHY. Mr. President, I ask Senator Hagel is a former enlisted qualified nominee. unanimous consent that the order for soldier. He understands defense policy Since his nomination was announced the quorum call be rescinded. and practice from the ground up. He is last month, some have questioned Sen- The ACTING PRESIDENT pro tem- the leader we need as Secretary of De- ators Hagel’s position on a number of pore. Without objection, it is so or- fense. He is experienced by any meas- dered. issues—notably, his support for Israel. Mr. LEAHY. Mr. President, I applaud ure. Like thousands of people he will Well, as recently as his confirmation what Senator LEVIN has said about lead at the Pentagon, he has earned a hearings, he has reaffirmed his long Senator Hagel. If you made a list of the combat infantryman’s badge. These record of support for Israel. In Janu- qualifications of the perfect Secretary qualifications are not abstract. He has ary, Danny Ayalon, the Israeli Deputy of Defense, it would look like the re- two Purple Hearts from combat service Foreign Minister and former Israeli sume of Chuck Hagel. If you look past in Vietnam. He still carries shrapnel in Ambassador to the United States, af- the partisan posturing of some, I think his body from those injuries. firmed what he sees as Senator Hagel’s the American public supports his con- On any issue having to do with the commitment to the unique U.S.-Israeli firmation as Secretary of Defense. U.S. military, I have long valued the relationship. As a member of the For- I worry that this partisan posturing firsthand experience of Chuck Hagel. eign Relations Committee, Senator adds to the low opinion Americans But this service alone is not what Hagel supported the authorization of have of both the House and Senate. makes him qualified. He has been a almost $40 billion in aid to Israel. In a This is not the way we should be doing leader in the public and private sec- 2008 book, Senator Hagel wrote that, the country’s business. tors. He cofounded Vanguard Cellular ‘‘there will always be a special and his- I strongly support the nomination of Systems, a successful cellular carrier toric bond with Israel exemplified by Chuck Hagel to be Secretary of Defense in the 1980s and 1990s. He was president our continued commitment to Israel’s

VerDate Mar 15 2010 04:18 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.024 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S725 defense.’’ He also wrote that that there Nothing in Chuck Hagel’s record sup- The ACTING PRESIDENT pro tem- can be no compromise on Israel’s iden- ports that. He resigned as Deputy Ad- pore. Without objection, it is so or- tity as a Jewish state. He has affirmed ministrator of the Veterans Adminis- dered. the U.S. commitment to Israel’s secu- tration over what he considered to be MANDATORY SPENDING rity and Israel’s right to defend itself inappropriate budget cuts. Mr. COATS. Mr. President, earlier against aggression. These are just a He opposes cuts that would weaken this week I outlined four main topics few examples, but by any objective our security. He vigorously opposes se- that I hoped to hear the President dis- measure, Senator Hagel is committed questration, which has been rightly cuss in his State of the Union Address. to the mutual interests of the United compared to cutting with a meat Today, I would like to talk in more de- States and Israel. cleaver. Like Secretary Panetta and tail about one of those items and per- Attacks suggesting that Senator Secretary Gates, Chuck Hagel believes haps the most challenging—restruc- Hagel is soft on Iran are also baseless. the Pentagon has a role to play in def- turing Medicare, Medicaid, and Social Through all my conversations with icit reduction but not at the expense of Security to preserve them for current Senator Hagel, I have never once keeping our military the preeminent and future generations. doubted his belief in the President’s re- fighting force in the world. He says In Washington, these three programs sponsibility to build alliances and ex- that reductions must be smart and fall into the category of mandatory haust all available means to achieve strategic. I agree. I am confident that spending, meaning they are not contin- our foreign policy goals through diplo- our men and women in uniform will gent on annual congressional review or macy. But he also believes that aggres- have no stronger advocate and that our funding. Instead, they are based on for- sive actions by us against a foreign Nation will have a solid defender in mulas that have already been written government should be strategic. There Chuck Hagel. into law, and therefore this spending is not a shred of evidence to support Senator Hagel, who has seen combat occurs automatically, as if it is on claims that he supports a nuclear Iran, from the perspective of an enlisted autopilot. So, anyone who becomes eli- or that he does not support the Presi- member of our Armed Forces, sees our gible for the program based on the re- dent’s efforts—unilateral or multilat- military as the last resort, not the first quirements in the law automatically eral—to bring Iran to the negotiating resort in international relations. Those qualifies for the benefits. We do not table over its nuclear program. He has who have been in combat, from Presi- have the ability on a year-to-year basis reaffirmed that he believes in keeping dent Eisenhower on until today, have to review or change this. We can only all options on the table, including force taken that same position. No matter make structural changes and reforms if necessary, to prevent Iran from ob- what any detractor may say, his is to the program as necessary. taining a nuclear weapon. Senator sound policy. Today these items make up a major- Hagel supports the sanctions against Matters of war and peace are matters ity of the government’s annual budget. Iran already in place. He has affirmed of life and death. Those who sit in This is because when these programs were implemented they did not take the need to keep military action on the boardrooms or in easy chairs and say: into account the remarkable and won- table. He supported the Iran Missile Let’s commit our soldiers here and our soldiers there—they are not the ones derful increase in the lifespan of Amer- Proliferation Sanctions Act of 1997, the going. By and large, it is not their fam- icans, nor the impact of the post-World Iran Nonproliferation Act of 2000, and ily members risking their lives. We War II baby boom generation reaching the Iran Freedom Support Act of 2006. need a Secretary of Defense who knows the point of retirement age, which is Any assertion that Senator Hagel ac- what it is like to go and to face combat now at the level of about 10,000 retire- cepts Iran’s nuclear program is false. ments each and every day of the year. Then there are the bogus, inflam- and to be wounded. Should we commit That is putting an enormous strain on matory claims that Senator Hagel is our troops when it is necessary for our the overall budget and the amount in soft on terrorism. Nothing could be fur- defense? Of course. That is why we have troops. But let’s recognize that proportion to the budget that goes for ther from the truth. He has not hesi- such decisions come at great human funding these mandatory programs. tated to call Hezbollah and Hamas cost. After World War II and after a long what they are—terrorist organizations. Senator Hagel, a decorated veteran decade of depression, Americans saw a He condemned Iran’s support of who still walks with the shrapnel from bright new future. They came home Hezbollah and cosponsored the Senate his wounds in Vietnam, understands from the war. They began to start fam- resolution demanding that Hamas rec- that a decision to go to war is a deci- ilies. Millions upon millions of children ognize Israel’s right to exist. He also sion to send our sons and daughters, were born in the post-war period up supported the Palestinian Anti-Ter- husbands and wives, fathers and moth- until the earlier 1960s. This is the so- rorism Act of 2006, a multilateral effort ers into harm’s way. It is his deep, vis- called baby boom generation. to force Hamas to recognize Israel, re- ceral understanding of this fact, his Initially, when they were born, cer- nounce violence, disarm itself, and ac- record of experience, his patriotism, tain industries came into play. If you cept prior agreements with Israel. and his dedication to this Nation that were in the diaper business, suddenly I have traveled with Senator Hagel to qualify him to be the next Secretary of you were in a boom business or cribs different parts of the world, combat Defense. and strollers and then tricycles and bi- areas and areas of great security con- We should have the vote and confirm cycles. These children moved on to the cern to the United States. I have sat in this patriotic American hero. Let’s not age where they began to enter elemen- meetings with him as he spoke with hide behind a filibuster. Let’s have the tary school, and we built schools all our military and intelligence officials. courage to vote yes or vote no. Do not over the country to accommodate this Please excuse me if I am somewhat hide behind parliamentary tricks. Do growth in our population working their vague, since most of these meetings not vote maybe. The American people way through the system. Then it was were of a highly classified nature, but elected us to vote yes or vote no. When junior highs and then we needed to en- I can say this: he asked tough ques- you want to set up a filibuster rule on large our high schools, and new col- tions and always kept the security in- something, you are basically saying: leges and universities sprung up across terests of the United States foremost Let’s vote maybe. That is hardly a pro- the land, too. Upon graduation, they at hand with both U.S. security offi- file in courage and certainly not the found jobs, and it was time to start cials and also with the leaders of other kind of courage we would expect from a their own families—housing boomed. countries. Senators who were with us Secretary of Defense. So vote yes or Throughout the whole lifespan of this of both parties commented to me after- vote no. But however you vote, let’s do baby boom generation, there have been ward how impressed they were with the it without delay. I will vote yes. enormous economic changes to adapt way Senator Hagel conducted these I yield the floor. to this massive amount of people work- meetings. The ACTING PRESIDENT pro tem- ing their way through life and becom- In this time of talk of across the pore. The Senator from Indiana. ing such an integral part of the Amer- board budget cuts, some have sug- Mr. COATS. Mr. President, I ask ican dream and American history. gested that Senator Hagel would reck- unanimous consent to speak as in We often talk now about this issue in lessly weaken the defense budget. morning business. cold hard facts because this generation

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.027 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S726 CONGRESSIONAL RECORD — SENATE February 14, 2013 is reaching retirement age, moving we spend money. We spend too much The President, in his State of the into retirement and qualification, for money on too many things so we are Union Address, said it is time we put Social Security and Medicare coverage going to have to be very careful. I have the interests of our Nation ahead of in massive numbers—10,000 or more a talked about this many times of how our own personal political interests. I day. But when we are talking about it we spend and allocate funds in the fu- couldn’t agree more. That is what we in just cold hard facts and numbers, we ture. should always be doing. We have not tend to ignore the impact of these pro- Unless we address this runaway man- done that when it comes to this crit- grams in a much more personal way on datory spending issue, we are not going ical issue, which has such an enormous our American public. to be able to have the funds to do even impact on everything we do. It has Becoming eligible for the programs essential constitutionally mandated such an enormous impact on people we are talking about means access to things, such as providing for our na- who have saved all their lives for the health care during a more difficult tional security and making funds avail- benefits they were promised when they time of life. Perhaps you are no longer able for paving roads, health care re- retire or became a certain age or the covered by your employer because you search, education, or whatever else we young people in this country who are have made the decision to retire or feel is appropriate for our Federal Gov- coming out of school, starting a fam- reached retirement age. There are ernment to engage. ily, getting a job, hoping to also par- health care issues as we age that we Furthermore, this mandatory spend- ticipate in the American dream, own- wish did not happen, but they come on ing has enormous impacts on our ing a home, and raising a family. We in ever-increasing intensity. It means young people. In a recent New York have the freedom our country provides grandparents having enough money to Times column titled ‘‘Carpe Diem Na- us in ways no other country ever has or travel to see the kids and a new tion,’’ David Brooks wrote about two perhaps ever will. We are so blessed to grandbaby. It means men and women ways spending on health and retire- have been born in this country, to live who have worked hard all of their lives ment programs not only threatens our in this country, and to have the free- to provide for their families finally economic growth but hurts young peo- dom and the possibility of achieving having the financial freedom to take ple. It squeezes government investment our dreams. some time off to retire. programs that boost future growth. All of those are in jeopardy if we Hoosiers and Americans all across Second, the young will have to pay the this land have paid into the system all don’t address this situation. For dec- money back. To cover current obliga- through their working years. They rely ades now, we have known what is com- tions, according to the International on these health and retirement secu- ing. We have seen a growth in our pop- Monetary Fund, young people will have rity programs and their benefits. These ulation of baby boomers moving to pay 35 percent more taxes and re- are honest, hard-working men and through their entire lifecycle and are ceive 35 percent fewer benefits. women who have been told that if they now reaching retirement age. We have This is the plight that exists. These made contributions through their pay- postponed this over and over. We have are the cold hard facts. We have to deal checks to these programs, they would come up with short-term solutions over with this math. Understanding how we become eligible at a certain age for a and over and over and failed to come deal with this directly affects people’s certain standard of coverage. They ex- up with any long-term solutions over lives, directly affects the benefits they pect to receive that. So, the challenge and over and over. rely on for their retirement and for before us today is to make sure these The time is now. We are at the point their health care. benefits continue to be available to where if we don’t do something now, The challenge before us is to under- both current and future recipients. the prediction of David Brooks is going stand, if we don’t do something, this But, as we examine our Nation’s cur- to take place. Our young people are 35-percent higher taxes and 35-percent rent fiscal state, we all need to come to going to be saddled with ever-higher fewer benefits on our young is not only terms with the fact that these pro- taxes to hold up a system that is going unacceptable, I think it is, in my opin- grams will not be available in their to only be able to deliver ever-lower ion, immoral. Immoral for our genera- current form if we do not make some benefits. tion, for this Congress, and our execu- necessary changes. As we consider the right path to The Heritage Foundation reports tive branch to leave our children and move forward, we need to acknowledge that mandatory spending has increased grandchildren in such a position with- that any bipartisan congressional ef- at almost six times faster than all out doing something about it. The fort to reform and preserve these pro- other spending. In other words, spend- challenge before us and the goal this grams will be unsuccessful unless the ing on Medicare, Medicaid, and Social body should be striving for is finding President shows a willingness to get in- Security is growing faster than all of common ground—not how to eliminate volved and engage fully in this effort. I our spending on defense, education, in- these programs but about how to save believe he understands the magnitude frastructure, medical research, food these programs while ensuring we have of the issue because he has said: I and drug safety, homeland security, adequate resources to finance the es- refuse to leave our children with a debt and I do not begin to have the time to sential and necessary functions of the they cannot repay. list all of the various functions of Federal Government. This starts with We all want a government that lives spending that go toward reaching out our constitutional obligation to pro- within its means. We need to get our and meeting the needs of this country. vide for the Nation’s security, the secu- fiscal house in order now. We cannot The nonpartisan Congressional Budg- rity of the American public, as well as kick this can down the road. We are at et Office reported this month that providing for the general welfare. the end of the road, said the President spending on these programs and inter- Republicans and Democrats and con- of the United States in comments made est on the debt will consume 91 percent servatives and liberals recognize we when he was a Senator, comments of all Federal revenues 10 years from need to restructure Medicare, Med- made when he was a candidate for now. Imagine our budget as being a big icaid, and Social Security if we are se- President, comments made when he pie. It is cut in certain slices in terms rious about putting this country on a was President during his first 4 years, of how much money is spent on de- sounder fiscal footing and if we are and comments made subsequent to fense, how much money is spent on going to be able to keep these pro- that, in his inaugural address, and in mandatory programs, and the amount grams from becoming insolvent. Hope- his recent State of the Union Address. of money that is spent on all of the fully, there are Members on both sides We need more than talk. We need en- other functions in which the Federal of the political spectrum who agree we gagement. We need an engagement of Government is engaged. That part of need to make the changes now in order the President if we are going to make the pie which provides for the auto- to avoid more painful changes later. these difficult decisions to put our matically entitled mandatory spending We have been postponing this action country on a better fiscal path and to benefits is growing at a rate that is and this needed legislative process for save these programs for those who have unsustainable. decades. It has always been too hot to put their hard-earned money and work It is ever shrinking the defense and handle. It is too politically damaging. into them and then not qualify for nondiscretionary part—everything else It might put us in political jeopardy. those benefits.

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.028 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S727 I would like to take this opportunity whom President Obama has chosen to But even more important, I am to remind the President of his repeated be a member of his team. struck by his passion and the intensity commitment to reduce our debt and We speak, as Members of the Senate, of his commitment to our men and deficit. I want to remind him of the about giving the President a measure women in uniform. His caring about many times he has spoken about the of deference, a prerogative in making them is indicated in so many ways— need to fix Medicare, Medicaid, and So- the selection about who will serve on spontaneously and strongly in his tes- cial Security. his team because it is the President timony as well as in his private con- Now, Mr. President, what I would who sets policy. The President will set versation. He will make sure that sex- like to say is this: We need more than our policy on the Middle East and on ual assault in the military—the epi- your soaring rhetoric. We need more Israeli security. Chuck Hagel has said demic and scourge of rape and assault than the promises you made. We need he is committed, unequivocally, clear- against men and women who serve and your direct engagement if we are going ly, unambiguously, to the security of sacrifice for this country—will be to address this fiscal crisis and essen- Israel and to whatever weapons sys- stopped; that there will be, in fact, zero tially do what I think all of us know tems are necessary to provide Israel in tolerance not only in word but in deed, we need to do. maintaining and sustaining that secu- and his viewing, for example, of the We basically have two options: we rity, the Iron Dome, David’s Sling, and documentary ‘‘Invisible War’’—his un- may continue with the status quo and other measures this Nation has com- derstanding that this kind of mis- wait until the moment that a crisis mitted to its great ally in the Middle conduct is an outrage, never to be even hits and we may no longer send out the East. This is an ally that is necessary complicitly condoned and to treat as a checks; we must raise taxes once again not only to stability there and hope- criminal offense the most extreme kind to cover a program that should have fully to peace but also to our national of predatory criminal activity is im- received needed reforms or at the point interests. Chuck Hagel may have made portant to the future of our military where the programs become solvent. comments in the past that seemed to and our men and women in uniform. He is committed to making sure that Or, the alternative is that we can come vary somewhat from the President’s women in combat—a policy of the together and commit to the American policy, but it is the President who sets President—is implemented forcefully people that we will act and no longer that policy and whom we will hold ac- and faithfully. He is committed to avoid or delay the challenging and nec- countable for that policy. Likewise, on Iran, Chuck Hagel has making sure the policy of repealing essary task of fixing these programs to said he is in favor of preventing a nu- don’t ask, don’t tell is implemented save them for future generations. clear-armed Iran, not containing it but zealously and vigorously. He is com- I stand ready. I trust my colleagues preventing it. Whatever his past says, mitted to making sure that our vet- stand ready to address this issue now, it is the President who sets that policy. erans—not only for our returning Iraq and we are asking you to stand with us. Chuck Hagel has indicated he is com- and Afghanistan veterans but also for Let’s do what we all know we need to pletely in accord with it, in support of the veterans of his own generation— do to restore our Nation’s fiscal health, it, and will implement it. Again, it is our Vietnam veterans who had Post- to save these programs from insol- the policy of the President to prevent a Traumatic Stress at a time when it vency, to grow our economy, and get nuclear-armed Iran, and we must in was undiagnosed and, in fact, unknown Americans back to work. The time is this body give support and encourage- as a condition resulting from combat— now. ment to the President in being strong have the benefit of policies and prac- I yield the floor. and tough, setting even stronger and tices we are now implementing to deal The ACTING PRESIDENT pro tem- tougher sanctions, and using the mili- with Post-Traumatic Stress and trau- pore. The Senator from Connecticut. tary option, if necessary, to stop a nu- matic brain injuries. Mr. BLUMENTHAL. Mr. President, I clear-armed Iran. He is also committed, equally impor- am proud to stand here to support the Going from policy to what I think is tantly, to making sure the epidemic of nomination of Chuck Hagel as our next perhaps the unique challenge of the suicide among our currently serving Secretary of Defense. next Secretary of Defense, which is to men and women in uniform and also I believe he will be confirmed by this attract and retain the best and the our veterans is addressed forcefully. Chamber, I hope, on a bipartisan basis. brightest to our military—we talk all There are tragedies every day involv- He is, in fact, extraordinarily qualified the time about people being our great- ing those suicides—families who lose for this position of unique trust and re- est asset in the military. We have loved ones and a country that loses a sponsibility. That is the criterion we weapons systems that defy the imagi- great public servant—and Chuck Hagel must apply. Is he qualified? We may nation, let alone comprehension. cares about those men and women. He have, probably each of us does have At the end of the day, the people who will see a person in uniform not as sim- among us 100 Senators, someone whom run those weapons systems, the people ply an officer or an enlisted man but as we would make our first choice or a who staff and work every day to keep someone who will soon be a veteran better choice or is the right person, in America safe, are the ones who are our and become part of a continuum. our view. That is not the question be- greatest asset. At a time when we are Chuck Hagel has served the VA as fore us. It is whether he is qualified to bringing troops back from Afghanistan well as now in the Defense Department, be part of the President’s team and to when Secretary-to-be, hopefully, and he will make sure the transition be held accountable for the policies the Hagel, has indicated we ought to do it from active service to reservist service President sets. even more quickly, our greatest chal- is seamless; that veterans are provided Chuck Hagel is a decorated war vet- lenge will be to prevent the hollowing with the transition assistance they eran with two Purple Hearts. He is a out of our military as has occurred in need for employment, education, and highly successful businessman and en- the wake of past conflict. health care, and that our National trepreneur and a real manager at a That hollowing out is not only about Guard receives the respect and service time when we need a manager in the hardware and weapons; it is about the it deserves. Department of Defense. people who command and the people I am convinced Senator Hagel’s No. 1 He is a former colleague as a Member who run those weapons. We need to en- priority will be taking care of our of this body, but he is also a former sure we keep those midlevel officers troops. He was a veteran’s advocate deputy head of the Veterans’ Adminis- and enlisted members who are so im- with the USO, and he has won the re- tration. He has given his life to public portant to the leadership of our mili- spect and admiration of veterans service and, most especially, to helping tary. Chuck Hagel’s leadership and groups. In addition, he has won the men and women in uniform while they commitment will be critical to that support of an extraordinary array of serve this country in the military, and task. former Secretaries of Defense, ambas- then when they come back to civilian I have met with Chuck Hagel pri- sadors and diplomats, senior retired life, helping them contribute and con- vately. I asked him tough questions military leaders, and, in particular, tinue to give back to this Nation. about Iran and Israel. I am satisfied on two former Members of this body who He is a Republican who has won the those points that he will advise the appeared with him at his testimony, confidence of President Obama and President in accord with those policies. former Senators Warner and Nunn.

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.009 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S728 CONGRESSIONAL RECORD — SENATE February 14, 2013 I believe Chuck Hagel is the right Perhaps worst of all, we know the to do. And that is what 49 States are man for the fiscal challenges that will promises we made to our seniors for required to do under their laws. This confront the Department of Defense. Medicare and Social Security are im- amendment to the Constitution would Putting aside sequester—which I dear- periled. Unless we act together to save be the 28th amendment to the Con- ly hope will not happen; Secretary Pa- and protect Social Security and Medi- stitution, including the first 10, which netta has said it would be irresponsible care, they are on a pathway to bank- are, of course, our Bill of Rights. It for the Congress to allow it to happen, ruptcy, and that is irresponsible and would require a congressional super- and many of us agree it must be avoid- wrong. majority to raise taxes or to raise the ed—and the challenges in the next I am tempted to describe President debt ceiling. month or series of months, the long- Obama’s spending and tax ideas as As I said a moment ago, families term outlook for the Department of small ball, but they are worse than across America have to balance their Defense is that it must do more with that. They represent a conscious deci- budgets. And, of course, along with a less, and Secretary Hagel, if he is con- sion to neglect some of the most press- budget brings the discipline of deciding firmed, will have that management ing issues that confront our country. what our priorities are—the things we task. He is one of the people in this One might even say it is a dereliction have to have and we can’t live without, country who is almost uniquely quali- of duty in the battle to save America. the things we want but we have to fied to carry it out, and I believe he Last week, the Congressional Budget defer, and then the things that maybe will, with great distinction. He will Office projected our gross national debt we would like to have but simply can’t take care of our men and women in will increase from $16 trillion in 2012 to afford. Well, this number right here, uniform and strengthen our national $26 trillion in 2023. Now that may seem 1,387 days since the Senate passed a defense. He will do what he thinks is like a long way off, but since President budget, is one reason why our debt con- right, even if it is not popular. Obama has been President, the na- tinues to go up by leaps and bounds, Finally, Chuck Hagel is, as everyone tional debt has gone up by 55 percent— and there is no plan in sight to bring it has said, a good and decent man. And I just in the last 4 years. If we project under control. thank in particular Senator MCCAIN for that forward to 2023, when some of Here is the bottom line for President his very compelling and telling com- these young men and women who are Obama: The 2012 election is over, and ments during our consideration before working here as pages will be looking now it is time to govern. It is time to the vote in the Armed Services Com- at entering the workforce and looking move beyond the campaign rhetoric, mittee. He said, and I agree, that no at their futures, all they will see ahead drop the gimmicks and work across the one should impugn Chuck Hagel’s char- of them is debt and a reduced standard aisle with Republicans to do what is acter. He is a person of integrity and of living. This is what lies ahead for all right for the country. We are ready, character, and I believe he will have of us unless we embrace real spending willing, and able to engage with the the respect at all levels of our de- cuts and unless we deal with the un- President and our Democratic col- fense—the men and women who serve funded liabilities of Medicare and So- leagues to try to address these prob- and sacrifice every day, the men and cial Security. lems that confront our country. In women who are essential to our na- If President Obama has a secret fact, there is no good reason for any of tional security—and I recommend him strategy for getting our debt under us to be here unless we are willing to and urge my colleagues to support him. control, we would all love to hear it. do that. I respectfully hope he will be con- His last two budget proposals failed to Madam President, I yield the floor. firmed quickly and that it will be done The PRESIDING OFFICER. The Sen- receive a single vote in the Senate. The on a bipartisan basis so we will be ator from Delaware. united—as our Armed Services Com- last 2 years his budget has actually Mr. CARPER. Madam President, mittee in this body is almost always been put to a vote, no Democrat voted while the Senator from Texas is still united—in favor of the President’s for it and no Republican, because it on the floor, he knows I have a lot of choice for this uniquely important re- simply didn’t address the problems I respect and affection for him, and I am sponsibility. have described. I hope this year is dif- delighted to serve with him here and I yield the floor. ferent. Unfortunately, the President also to serve with him on the Finance The PRESIDING OFFICER (Ms. has already missed the statutory dead- Committee. I appreciate Senator SHA- BALDWIN). The Republican whip. line for submitting his own budget, HEEN for letting me jump in for just a TIME TO GOVERN which was February 4. I hope when he minute. Mr. CORNYN. Madam President, I finally gets around to sending us his We agree on so much. We actually do. rise to mark another sad record for the proposed budget it is a serious plan for And not just the Senator and I but our Senate: 1,387 days since the Senate has long-term debt reduction. Based on ex- colleagues here. And I think we fully passed a budget—1,387 days. perience, I can’t say I am overly opti- recognize that although the deficit The last time I checked the 2012 elec- mistic, but hope springs eternal. comes down from $1.5 trillion to about tion was over, and of course it has been I guess one of the things that worries $850 billion or so, it is way too much. I over for more than 3 months now. Un- me the most is that in the President’s think we also agree that one of the fortunately, the President still seems State of the Union message, which he best ways to reduce the deficit is to to be very much in campaign mode, so eloquently delivered a few nights strengthen and grow the economy. giving speeches all around the country. ago, he didn’t say one word about his I believe—and I think I heard the For the time being, what we need, 2014 budget—not one word. I would urge President say this the other night— rather than a President on a perpetual the President to take a long hard look there are three things we need to make campaign, is for Democrats and Repub- at the new Congressional Budget Office sure we address. licans to work together to try and report. I would urge him to launch seri- One, we need to address—and the solve some of our Nation’s most press- ous bipartisan budget negotiations as President said this—we need to address ing problems, and there is no more im- soon as possible so we can avoid an- entitlement programs, not to savage portant issue than our national debt. other last-minute cliffhanger and an- old people or to savage poor people but Unfortunately, the President, after other 2 a.m. Senate vote. to figure out how to get better health extracting about $600 billion in new Above all, I would urge the President care results for less money to be able taxes as a result of the fiscal cliff nego- to take a look at a balanced budget to preserve those programs for the long tiations, is still coming back to the amendment to the U.S. Constitution haul. well, and he is calling for tens of bil- that I have cosponsored along with all I think we will have an interesting lions of dollars in new spending. At a of my colleagues on this side of the proposal from Senator DURBIN later time when we ought to be talking aisle. That amendment would require this year with respect to Social Secu- about bending the cost curve down, the Federal Government to balance its rity and putting it in a structured way, trying to rein in wasteful Washington budget each and every year. maybe a path forward on Social Secu- spending, the President wants to spend Is that such a crazy idea? Well, no. rity that makes it clear we are not try- more, and he wants to raise taxes to do That is what every family has to do. ing to balance the budget on Social Se- it. That is what every small business has curity but actually do reforms that we

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.011 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S729 know are needed and I know are needed President would get off the campaign I was pleased to work with Secretary so we will have that program for the trail. Now that he has won—he has an- Panetta and the New Hampshire Na- long haul. other 4-year term—he doesn’t have to tional Guard, which has been very sup- I commend my side of the aisle, and worry about running for election again, portive of Charlie, to ensure that she I commend your side of the aisle. We but then to work with us because that and her wife Karen would be able to acknowledge that we need some reve- is the only way it is going to happen. participate in the program together. nues, whether it is on the tax expendi- So I appreciate his comments and However, as those of us who appre- ture side, the deductions and loopholes look forward to continuing to work ciated her determination understood, and so forth, or finding other ways to with the Senator. Charlie was not satisfied. She contin- raise revenue. Mr. CARPER. Again, I thank Senator ued to vigorously pursue equal benefits Third, we just came from a press con- SHAHEEN and Senator HOEVEN for al- for same-sex spouses, particularly sur- ference this morning with Congress- lowing us to have this colloquy. vivors’ benefits and compensation still man ISSA, Congressman CUMMINGS, The PRESIDING OFFICER. The Sen- denied under the Defense of Marriage Senator COBURN, and myself to focus ator from New Hampshire. Act. And this was not an abstract issue on the GAO and their high-risk list, Mrs. SHAHEEN. Madam President, I for Charlie. In 2011 she was diagnosed high-risk ways for wasting money. ask unanimous consent to speak as if for a second time with breast cancer. That comes out today. Every 2 years in morning business. Concerned for the future well-being of they give us this high-risk list for how The PRESIDING OFFICER. Without her family, Charlie took aim at DOMA to find ways to save money and spend objection, it is so ordered. by challenging its constitutionality in our tax dollars more efficiently. REMEMBERING CHARLIE MORGAN Federal court, and her case is set to be We have all that working together, Mrs. SHAHEEN. Madam President, heard by the Supreme Court later this those three things: entitlement reform, today I rise with a heavy heart because year. some additional revenues, and actually our Nation has lost one of its out- Several days ago my office sent out looking in every nook and cranny to standing citizens and many of us have an online condolence card to the Mor- see how we can get a better result for lost a dear friend. gan family, and the response from that less money. Those we can do together. Charlie Morgan, chief warrant officer card has been overwhelming. In less My colleague and I have worked on of the New Hampshire National Guard, than a week we received over 2,000 mes- some things together, and I want to passed away early Sunday morning sages of support from citizens all work on those with the Senator, and I with her wife Karen and their daughter across our country, and I would like to look forward to that. I think that if we Casey by her side. Chief Charlie Mor- read just a couple of those this morn- do, a lot of our colleagues will join us. gan was just 48 years old. For those of ing. Mr. CORNYN. Would the Senator us who had the pleasure of knowing From Hobkinton, NH, we heard: yield for a question? Charlie, it has been a difficult week. Charlie is a hero to many of us. Thank The PRESIDING OFFICER. The Re- However, as I rise today, I take com- you for making your lives public so publican Whip. fort in the opportunity I had to share others can live their lives privately in Mr. CORNYN. Madam President, I part of Charlie’s life and work. love. would like to tell the distinguished Many know Charlie for the national From Oregon, we heard: Thinking of Senator from Delaware how much I ap- attention she received over the last you in this time of loss. It is also a loss preciate him and his friendship, and it several years advocating on behalf of for our country, but she leaves a legacy is genuine. her fellow gay servicemembers and that will carry on. I guess the thing that is so mad- their families. However, first and fore- From Fulton, IL, we heard: Thank dening about serving in the Senate is most, Charlie was a soldier. She en- you so much, Charlie, for all you have that everyone in this body—the Sen- listed in the U.S. Army in 1982. After a done. You will not be forgotten, and ator from Delaware, the Senator from brief period away, Charlie returned to your service, work, and legacy will live New Hampshire—everyone who serves service as a member of the Kentucky on. Those of us left behind will honor in this body understands the problems National Guard in 1992, 1 year before you by continuing on in this all-impor- that confront our country that he so the now-repealed don’t ask, don’t tell tant fight for equality. eloquently described in terms of un- policy became law. I hope Charlie Morgan knew how funded liabilities for Medicare and So- Following the terrorist attacks of many lives she touched and how great- cial Security, which are on a path to September 11, 2001, Charlie returned for ly we admired her efforts. I know that bankruptcy, the debt, and just imag- a third time, joining the 197th Fires she will be sorely missed and that her ine, if interest rates were to go up, Brigade of the New Hampshire Na- example will continue to guide us well what that would mean in terms of our tional Guard, a tour that included a into the future. ability to fund everything from safety yearlong deployment in Kuwait. With Charlie’s memory in mind, I net programs to national defense. In addition to the mental and emo- will soon be introducing the Charlie But it never seems to happen. The tional challenges of military service, Morgan Act. This bill will end a num- date never seems to arrive when we ac- Chief Warrant Officer Morgan shoul- ber of restrictions on benefits for legal tually sit down and address it. And I dered the constant burden of keeping spouses of all military servicemembers believe this number of days without a her life secret from her fellow soldiers. and veterans regardless of their sexual budget is really symptomatic of the Married to her partner Karen in 2000, orientation. Every individual who pro- problem. But thanks to our colleagues Charlie was unable to live openly under vides for our defense deserves the peace across the Capitol—who passed a ‘‘no the military’s don’t ask, don’t tell pol- of mind that comes with knowing one’s budget, no pay’’ bill, which has now icy. family will be taken care of should the been signed by the President—unless Immediately following the repeal of worst happen. No one should ever again Congress passes a budget, we are not don’t ask, don’t tell, Charlie made na- go through what Charlie and her fam- going to get paid, which is entirely ap- tional news as one of the first service- ily had to go through. I hope all of us propriate and long overdue. members to publicly confirm her ho- in the Senate will take up this legisla- So I would just say to my friend, and mosexuality and shed light on many of tion and act quickly to address this he is my friend, that I appreciate his the remaining inequalities faced by issue. It is long overdue. comments. I hope someday soon we can same-sex military families. Madam President, I yield the floor. find a way, Republicans and Democrats I first met Charlie in 2011. She con- The PRESIDING OFFICER. The Sen- alike—that is the only way it is going tacted my office during her deploy- ator from North Dakota. to happen—I hope we can get serious ment in Kuwait when she learned that KEYSTONE XL PIPELINE PROJECT about this. Unfortunately, it hasn’t despite the repeal of don’t ask, don’t Mr. HOEVEN. Madam President, I happened yet. I am an optimist. I think tell, her partner Karen of over 10 years rise today for the purpose of engaging it can happen. But it is going to re- would not be allowed to attend manda- in a colloquy with my distinguished quire Presidential leadership, and, tory National Guard Yellow Ribbon Re- colleagues on the matter of the Key- frankly, that is one reason I wish the integration Programs upon her return. stone XL Pipeline for 30 minutes.

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.013 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S730 CONGRESSIONAL RECORD — SENATE February 14, 2013 The PRESIDING OFFICER. Without Federal Government one single penny, who has been a real leader in the en- objection, it is so ordered. but it creates tens of thousands of ergy world and has a direct interest on Mr. HOEVEN. Madam President, I high-quality private sector jobs. behalf of his constituents in the great rise today with my distinguished col- It is about economic growth. This is State of Texas concerning this project. leagues, both Republican and Demo- a $7.9 billion project. The project over We need to move oil to the refineries in cratic, on a bipartisan basis to urge ap- its life will create hundreds of millions Texas; we need to move oil—not only proval of the Keystone XL Pipeline. of dollars of tax revenue for State and Canadian oil but oil from North Da- Joining me today will be Senator local governments, as well as the Fed- kota, Montana—and we need to get it MARY LANDRIEU from the great State eral Government to help with our def- to refiners so we can get it to our con- of Louisiana, a Democrat; Republican icit and our debt without raising sumers, so instead of seeing the price Senator JOHN CORNYN from Texas; Re- taxes—more tax revenue without rais- continue to go up, we can bring it publican Senator JOHN BOOZMAN from ing taxes. down. I think that is what the Amer- Arkansas; Democratic Senator JOE It is also about our energy security, ican people want. MANCHIN from West Virginia; Repub- energy security for America. Instead of Perhaps the Senator from Texas can lican Senator JOHN BARRASSO from Wy- bringing oil from the Middle East, this talk about the refining and jobs aspect oming; Democratic Senator MARK is about working with our closest of this multimillion-dollar project. BEGICH from Alaska; and Republican friend and ally Canada to meet our en- The PRESIDING OFFICER. The Re- Senator LISA MURKOWSKI, also from ergy needs. This pipeline will not only publican Whip. Alaska. I emphasize that to show the bring in Canadian oil, however. It also Mr. CORNYN. Madam President, I bipartisan support for this critically moves oil from my State of North Da- want to express my appreciation to the important project. kota and from the State of Montana to Senator from North Dakota for his I also will have a statement from our refineries in places such as Texas leadership on this issue. He has been Senator MAX BAUCUS of Montana, who and Louisiana and other places around relentless in pursuit of this Presi- has been leading this effort with me, in the country. So this is about making dential permit to authorize the Key- his case on the Democratic side of the sure we don’t have to import oil from stone XL Pipeline because he recog- aisle. He wasn’t able to be here, but I the Middle East, and I think that is nizes, as I do, that it is important in do have a statement from Senator BAU- something every American wants. That terms of jobs, energy security, and na- CUS that I will read as well, and I ap- truly is an issue of national security. tional security. 1 preciate very much his statement of It has been 4 ⁄2 years since Trans- It has been said that because of the support. Canada—the company that is seeking revolution in natural gas production in You may have seen that the national to build the Keystone XL Pipeline—it America, and as a result of horizontal 1 gas price has now risen to an average has been 4 ⁄2 years since they first ap- drilling and fracking—combined with of $3.62 per gallon. So the average price plied for a permit. Here is a chart that the energy we can get from the Key- for gasoline today in the United shows the route the pipeline would stone XL Pipeline from Canada—that States—and it continues to go up—is take, and it shows that they had al- North America could potentially be en- up to $3.62 a gallon. That is the highest ready built another pipeline. This is ac- ergy independent—North American en- it has ever been in the month of Feb- tually a second pipeline they are seek- ergy independence—in the not-too-dis- 1 2 tant future. ruary. So that is a new record—not a ing to build. But after 4 ⁄ years, they The Senator from Louisiana is sched- record we want to make, either, but it still don’t have approval of a project uled to be here as well. This is a bipar- is a record, the highest price for a gal- that is similar to other projects that have been built. tisan effort, as all successful efforts lon of gasoline in the United States As a matter of fact, we have built around here must be. that we have ever had in February. quite a few pipelines through the coun- Before Senator LANDRIEU speaks, I If you take a look at that trend line, try, and they go everywhere. For some want to talk about the Keystone XL you will see it has been going up dra- reason this project has been held up for Pipeline, which would create an esti- matically, and that price is double— 41⁄2 years when almost 70 percent of mated 20,000 American jobs in con- $3.62 a gallon average across the coun- Americans support it. We need the en- struction and manufacturing in my try—that is double the price of gaso- ergy, and we need the jobs. Why would State, which still is the No. 1 energy- line compared to when this administra- that be? producing State in the Nation. As a re- tion first took office. So it is a dou- There was a report in the news yes- sult, job growth in Texas is outpacing bling of the price, and, of course, every terday that actress Daryl Hannah and most of the rest of the country. I would consumer, every working American is about 40 activists handcuffed them- add that North Dakota is now the sec- paying that price at the pump. It af- selves to the fence of the White House, ond largest energy producer in the fects our small businesses across the and they were arrested for that. They country thanks to the Bakken shale ef- country, and it affects our families were doing that in protest of the Key- forts. In Texas alone the Keystone across the country every day. stone Pipeline project. Maybe that is would lead up to $1.6 billion worth of There was a poll released yesterday where we should be today. Instead of direct investments and would boost our that you may also have seen. The poll our bipartisan group of Senators here State’s economic output by an esti- was commissioned by API, which is in the Senate arguing the merits of mated $2 billion. This would not only American Petroleum Institute, and was this project and advocating for what create thousands of long-lasting and conducted February 5 through Feb- the American people want, maybe we well-paying jobs, it would allow Texas ruary 10 by Harris Interactive. They should be handcuffed to the White refineries to refine up to 700,000 barrels polled just over 1,000 registered voters, House fence because that seems to of oil each day to produce gasoline, jet and so the poll has a margin of error of work. fuel, heating oil, and the like. plus or minus 3 percent. In that poll, 69 It has been 41⁄2 years, and we still As the distinguished Senator from percent of the respondents support con- don’t have a decision. We still don’t North Dakota pointed out, this would struction of the Keystone XL Pipe- have approval from the administration increase the supply at a time when gas line—69 percent—and 17 percent oppose on this project even though gas prices prices have gone up, because of re- it. So Americans overwhelmingly sup- have doubled on this President’s watch, stricted refinery capacity, in the port the project—69 percent to 17 per- even though the American people over- worldwide price of oil. It can do noth- cent—in the most recent poll. And, of whelmingly support the project, even ing but help America contain those course, why wouldn’t they. though we need the energy and the high prices. This is a project which provides en- jobs. We don’t want to keep importing It strikes me that this is a no- ergy to our country when we very oil from the Middle East, and that is brainer. While we find ourselves en- much need it. It is a project which will why we are here. We are here on a bi- gaged in armed conflicts in places such provide jobs—tens of thousands of jobs. partisan basis to make our case and to as the Middle East—where Iran periodi- We have 7.9 percent unemployment. We get this project approved. cally threatens to block the Strait of have 12 million people out of work. I want to begin by recognizing a dis- Hormuz, through which about 20 per- Here is a project that won’t cost the tinguished colleague and somebody cent of the world’s oil supply flows—

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.014 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S731 why wouldn’t we want to make our- such as Louisiana and Texas, this Louisiana or are they going to ship it selves less dependent on Middle East- breakthrough in technology enables us somewhere else in the world? I would ern oil? Why wouldn’t we want to make to retrieve gas not only in an economi- like—and the Senator from North Da- ourselves more independent on North cally efficient way but in an environ- kota knows this—to form a stronger American energy? This is a no-brainer mentally sensitive way. It is going to partnership with Canada and Mexico so on almost every count I can think of. be very important and impactful to we can have security in North Amer- Let me express my gratitude to the many States in the Union. ica. This will help the Canadian econ- distinguished Senator from North Da- We are already seeing companies omy and it will help the Mexican econ- kota for his relentless leadership. I coming back to the United States. omy, which immediately and directly know he is not going to give up. He just They are relocating from Chile, places affects our whole Nation. These are our keeps getting stronger. in Europe, places in Asia, and coming border countries. We are doing a lot of In excess of 50 Senators have signed a back to the United States primarily be- work. I don’t know if the Senator bipartisan letter to the President on cause of this resurgence of gas. knows this, but down in Mexico, in the this, and it is very important for our But here we are talking about a pipe- Gulf of Mexico—I literally—and this is country as it relates to jobs, energy line that is primarily for oil that a little bit afield—was recently in independence, and national security. comes out of sand. This is not the tra- Israel and had the great opportunity to I see the distinguished Senator from ditional deep wells where there are go offshore to visit a field, the Levia- Louisiana here, and I know others wish large deposits of oil that are drilled. than field, which is one of the largest to speak on this important issue as This is a technology that is allowing fields in the world. It was discovered in well. the separation of these sands to get the a remarkably new place, which gives I yield the floor. carbon or oil out of them. Israel a great opportunity to think Mr. HOEVEN. Madam President, I Now, yes, we want to move as quick- about being energy independent or en- want to thank the distinguished Sen- ly as we can away from carbon—or to ergy self-sufficient, which is quite ex- ator from Texas. Look at the economic lessen carbon because of its damaging citing. growth and dynamism in his State of impacts—but there is a transition pe- When I went offshore in Israel, I met Texas; look at the economic growth riod we have to go through. There is no my own workers from Morgan City, and dynamism in the State of North waving of a magic wand; there is no Thibodeaux, and Lafourche. They said: Dakota. We are now the fastest grow- snapping of a finger; there is no jump- Why are you here? I said: The same ing State in the country. Senator COR- ing from this generation of energy pro- reason you are. The Louisiana workers NYN is correct when he said Texas is duction to the next overnight. go everywhere. We are proud to do it. the largest producer of oil in the coun- Even President Clinton—even Al We would love to be close to home in try. I think they produce about 1.1 mil- Gore when he was Vice President— Canada, Mexico, and our refineries, lion barrels of oil a day. We are at talked about the transition we have to which are expanding for the first time 750,000 barrels and growing, so we are go through. I see this pipeline as a in many years. Our manufacturing base after you. The important point is we transition. It is giving us oil from one is expanding. are producing this product and we have of our closest, most dependable, and Finally, I would say in this colloquy, I ask the Senator from North Dakota: to have the infrastructure to get it to friendliest of all allies, Canada, as op- Has he had a conversation with the oil market. posed to pushing over the next 5 or 10 Again, I thank the distinguished Sen- years to continuing to do business with minister from Canada—I think it is ator from Texas, and I wish to now countries that do not share our values, Minister Oliver—and talked to him at all recently? I had a conversation with turn to the distinguished Senator from such as the leadership in Venezuela him yesterday, and I wanted to maybe Louisiana. Here is another State that today or the problems with countries share that with the Senator from is doing amazing things in oil and gas. in the Middle East. Even the Saudis, whom we respect in some ways, do not North Dakota. They have refineries, and they have re- Mr. HOEVEN. To the distinguished have the same value system as the fineries that need product. To get that Senator from Louisiana, I recently vis- United States. We would much rather— product from North Dakota, Montana, ited with the ambassador, Ambassador and our ally Canada to Louisiana, we at least my constituents would much Gary Doer. We talked about this and need pipelines. We don’t want to ship it rather—deal with Canada and Mexico. other issues. in from the Middle East. We want to Not only are they better allies, but for Ms. LANDRIEU. Through the Chair, I send them our oil. Louisiana, we like working in Canada. wanted to say I had a very good con- I am very pleased Senator LANDRIEU It is a little closer to home. We like versation with the Canadian Minister is here, and I would ask for her com- working in Mexico. of Natural Resources. We had a long ments. Many of the workers on these rigs conversation, about 10 or 15 minutes, The PRESIDING OFFICER. The Sen- and in this business come from Lou- and he explained to me the importance ator from Louisiana. isiana and Texas. Let me be crystal of this development for Canada. He also Ms. LANDRIEU. Madam President, I clear: My colleagues who are helping said to me what I just shared with my am very proud to join in this colloquy on this issue are absolutely right, the colleagues. He said: Senator, Canada is with over eight Members of the Senate people of Louisiana wish to work in going to develop this resource. It is this afternoon. We are here to talk Canada where there are environmental just a question of whom we send it to about this important issue and share protections, where the wages are good, or with whom we share these benefits. ideas with our colleagues and with where there are not a lot of pirates So for those who are opposed to the those who are listening to this debate. floating around, and where workers are pipeline because they don’t like the di- This pipeline is important so we can much less likely to be kidnapped. I rection it is going or they think there get a reliable, steady stream of oil and mean, these are serious issues for the is something America can do to pre- gas as we move to cleaner fuels in the oil and gas industry. That is one of the vent this resource from being devel- future for our country. reasons I have been urging President oped, that is simply not true. I say to my good friend, the Senator Obama, along with many of my col- I see the Senator from West Virginia. from North Dakota, how important it leagues, to rethink his position on this I wanted to get that in the RECORD. I is for drilling, particularly for natural pipeline. thank the Senator for his leadership gas, using the breathtakingly new I guess this has been said by my col- and for allowing me to join this col- technology that is allowing us to find leagues—I see the Senator from West loquy because the people of Louisiana both wet and dry gas, which is very Virginia is here, and I am sure he has strongly support the development of valuable to our country. This is hap- said this on the floor before—Canada is this pipeline. We are proud of the oil pening in many places in the country. going to produce this oil one way or and gas industry, but we also recognize It will help to fuel a renaissance in another. The question is: Who are they we need to make a transition to clean- manufacturing. going to send it to? Are they going to er fuels and we want to do our part and This is not just going to help tradi- send it to their good friend the United are happy about the natural gas that is tional oil- and gas-producing States States and our refineries in Texas and being discovered in this Nation.

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.016 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S732 CONGRESSIONAL RECORD — SENATE February 14, 2013 The PRESIDING OFFICER. The Sen- deal, and we need to move forward im- Mr. BEGICH. Absolutely. I thank my ator from North Dakota. mediately. friend from West Virginia. We built the Mr. HOEVEN. Madam President, I Mr. HOEVEN. Madam President, I largest single capital project back in wish to thank the Senator from Lou- wish to recognize the Senator from the the 1970s when we brought oil off the isiana for her leadership in energy, on- great State of West Virginia. North Slope, almost 800 miles through shore and off, in a big way. She is abso- Mr. MANCHIN. Madam President, if I the harshest, most unpredictable cli- lutely right. may, I wish to thank all my colleagues. mates one would ever see. I can tell my This is our opportunity to have This is something wonderful for the colleagues, if we went back to the sto- North American energy security and people who are watching and the people ries and articles, the sky would fall, North American energy independence, watching who are here, to see a bipar- the environment would be destroyed, working with our closest friend and tisan colloquy; that we all agree, basi- and the world would come to an end by ally Canada. This is how we do it— cally, about energy being the crux of us building that pipeline. We are mul- Mexico as well. The Senator from Lou- what we do and how this country is tiple decades past. It has worked very isiana is also absolutely right: Canada made up and how we got to where we well. There haven’t been those disas- will produce this oil. That is a fact. are today. ters people claimed would happen. That is going to happen. The question My little State of West Virginia now On top of that, my friend from Lou- is, Is it going to come to the United has a tremendous shale gas find in the isiana mentioned the environmental States or is it going to go offshore to Marcellus Shale, with the Utica Shale impact and it makes sense that the China? We see these green lines; they in Ohio, the shale being explored and pipeline is the safest way to move oil. show the pipelines that would take produced all over our country. We On top of that, we have a choice—the that oil to China rather than the truly have an opportunity in our life- Senator from North Dakota made it United States. Net effect: We continue time to become totally energy inde- very clear—and that is to get it refined then to import oil from the Middle pendent. in China or the United States. I don’t East, and Canadian oil goes to China. The only thing I am saying is, where know about anybody here, but I would I come from, the people are such good It makes no sense—not to mention bet- bet we all agree that between the envi- people and they have a lot of common ter environmental stewardship that we ronmental standards, we have a better sense. They say: We would rather buy would enjoy working with Canada, environmental record than China in from our friends than our enemies. which we will touch on as well. the refining of oil products, so it makes How much would this displace, as far I wish to at this point ask the distin- sense for us to do it. guished Senator from Arkansas, Mr. as us buying from and depending on On top of that, people are traveling areas of the world that haven’t been BOOZMAN, to join the colloquy, and I to Alaska not just for the jobs and the friendly to the money we give them for would also invite Senator MANCHIN as opportunity but the beauty of Alaska, the product of oil they sell us; does the well. I see Senator BEGICH is here also. and we have more visitors who want to Senator from North Dakota have an So I invite Senator BOOZMAN to make see the pipeline, to visit the pipeline. idea about that? When I went down the Gulkana on a his comments but then also offer the Mr. HOEVEN. Madam President, I opportunity for our other distinguished wish to respond to the Senator from rafting trip, it is unbelievable beauty. Senators to join in the colloquy. West Virginia. Right now, between the But one of the last things people do Mr. BOOZMAN. Madam President, I oil we produce in the United States, when they come down and land the raft thank the Senator from North Dakota both together with Canada and Mexico, and begin to pack to go back home, for his leadership and for, again, spear- we generate about 70 percent of the oil there is the pipeline going right across heading this effort. I thank all the Sen- we consume. This project alone would the Gulkana. Guess what. It hasn’t ators who are here and are, in a very add 6 percent. We are talking about damaged the environment. As a matter bipartisan way, trying to move this over 800,000 barrels a day this project of fact, there are plenty of photos of project forward. adds and brings to market. So we go people trying to get their raft under- We speak a lot about jobs in regard from about 70 percent just for this neath the pipeline; trying to get the to this project, but that simply cannot project phase 1 to about 76 percent. But pipeline and the rapids at the same be overemphasized. The U.S. Chamber understand this pipeline project is ex- time. So the Senator’s point is a very of Commerce, most of the largest labor pandable to 1.4 million barrels a day, so good one. unions—major labor unions—all agree we can see it would take us up even The Governor of Nebraska has ap- that if this pipeline were to go forward, higher. proved it going through their State, which it has to do, it would create So we are talking about a significant but there is nothing similar to Alaska 250,000 jobs; 20,000 of those tomorrow, contribution to our oil supply, again, when it comes to the harsh environ- almost immediately. Again, it is so im- from North Dakota, Montana, and Can- ment we had to build in. We did it, and portant. ada, versus, as the Senator says, coun- we did it when technology was much It is important to my home State be- tries such as Venezuela or from the different. Today, the standards are cause many businesses, many hard- Middle East. even greater. Again, I wish to echo the working Americans living there would Mr. MANCHIN. My other question Senator’s point. benefit tremendously. We have a large would be this. Since we have Senators If I could make one other point. This Nucor plant. That Nucor plant in from two of our great producing areas, is unique, the Chamber and labor work- Blytheville, AK, in Mississippi County, knowing the challenges we had in Lou- ing together for the common good of would supply a lot of the iron that isiana and the gulf coast with the BP this country and the jobs and the would be used. We have another facil- oilspill, as well as a lot of concern groups—we think of the Teamsters and ity, Welspun Tubular Company, they about the environment and that is why Operating Engineers, the pipeline con- make oil pipe. They have 500 miles of it has been held up, I understand our tractors, the plumbers and pipefitters, this pipe sitting in storage that they friend, Gov. Dave Heineman from Ne- they are all part of this agreement to have produced to go forward, which braska, now has approved this. That, as build this pipeline and train workers; should be a great thing. The problem is I understand it, was the last concern he as my colleagues know, there is a huge instead of increasing employment for had. gap in our trades. So we get to utilize the future, right now they have had to I have always said this, and I will ask a training opportunity, employ thou- lay off workers because of the indeci- the question of the Senator from Alas- sands of people not only for today but sion. ka—they have one of the harshest cli- for the future. So there are all kinds of reasons we mates and are one of the largest oil So from Alaska’s perspective, we like need to do this. Others have talked producers for our country and they it. We know pipelines. We know we about national security reasons, but have been able to do it in a safe atmos- have to build big ones, as we did, and the labor—the good-paying jobs that phere—will the Senator from Alaska the fact is, as the Senator from North would be created, again, not being de- comment on his concerns, if he has Dakota said, they are going to move pendent on places such as Saudi Arabia them, about doing this in a safe envi- this oil one way or another. We have a and Venezuela, that is a pretty good ronment. choice. Do we do it in our country, get

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.019 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S733 the jobs that are attached to it, the op- environmental stewardship. We just So I thank the Senator from North portunity to refine it in States with heard from one Alaskan Senator and Dakota for his leadership. great quality refineries or do we let the other Alaskan Senator will speak I see now the ranking member of the China do it? This is a no-brainer for my shortly. Energy Committee is here with us as State. We hear what a wonderful job people well, who has done a masterful job with Mr. MANCHIN. One very quick ques- continue to do in one of the most pris- a visioned ‘‘Energy 20/20.’’ For people tion, if I may, to the Senator from tine areas of the country, the State of who have not seen it, I would say they North Dakota. Alaska. I will tell my colleagues, as a are missing something—if they have There might be a fallacy of thinking Senator from Wyoming, an energy cap- not really read through it—from the that only oil that is going to move is ital of this Nation, that energy is a big Senator from Alaska because she has what we would buy from Canada. How part of our economy but so is tourism. focused like a laser on these three E’s much oil would be moved from the If we did things that did not focus on of energy security, economic growth, United States that we produce in the environmental stewardship for our own and environmental stewardship. United States but that is captive right State, it would impact our tourism. So I thank both the Senator from now, that is not being refined, maybe Energy is a big part of the economy, so North Dakota and the Senator from down in Louisiana and Texas? Would we want to have economic growth, en- Alaska, the ranking member of the En- this help U.S. production? ergy security, as well as environmental ergy Committee, for their leadership. Mr. HOEVEN. I appreciate the ques- stewardship. Mr. HOEVEN. I thank the Senator. I tion from the Senator from West Vir- But I will tell my colleagues it has appreciate the Senator from Wyoming ginia. For starters, it would put 100,000 been a difficult task based on some of being here and for his leadership on en- barrels a day—this is for starters—into the regulatory obstacles to energy de- ergy. Again, I want to recognize that the pipeline. So day one is 100,000 bar- velopment. The President likes to talk he comes from an energy-producing rels. about how he supports all-of-the-above State, a State that is producing energy Mr. MANCHIN. Just for North Da- American energy development. But, in for this Nation and creating hundreds kota? fact, we heard him the other night dur- of thousands of good jobs in doing so. I Mr. HOEVEN. North Dakota and ing the State of the Union Address. His thank him for his leadership on the En- Montana. It is very important to un- actions over the past 4 years tell a ergy Committee as well. derstand that is just when we start. completely different story. Instead of I want to turn to and recognize the The pipeline is expandable. Today, making it easier for our own country Senator from Alaska, who is the rank- North Dakota is the second largest pro- to produce energy, I believe he has ing member on our Energy Committee. ducer of oil in the Nation, second only made it harder. As the Senator from Wyoming said, she to Texas. We produce 750,000 barrels a If we look at the folks who are leav- has recently put out a blueprint for en- day—and it is growing—and more of ing his administration: The EPA’s Di- ergy development, energy independ- our oil is leaving the State by truck rector, Lisa Jackson, she said the ence, energy security for our Nation. It and rail than by pipeline. We need EPA’s role is, interestingly, ‘‘to level is comprehensive. It includes all types these pipelines. This project alone will the playing field against fossil fuels.’’ of energy and, again, developing—de- take 500 trucks a day off our roads, Secretary Chu, who is leaving the ad- veloping—them the right way, with trucks which are beating up our roads ministration, said he would ‘‘boost the good environmental stewardship and and creating safety issues in our State. price of gasoline to the levels in Eu- the latest technologies but truly ac- This is vital infrastructure we need to rope.’’ Secretary Salazar, who is leav- complishing something the people of get this product to refineries in Lou- ing, continues to talk about the fact this country very much want; that is, isiana, in Texas, in Illinois, and other that the energy strategy, he says, energy security. points around the country. showed good results, but they have re- So at this point I would turn to the At this point, I wish to thank the stricted access to Federal offshore and Senator from Alaska and ask for some Senator from Louisiana, again, for her onshore oil and gas resources through of her comments on this Keystone participation in this colloquy. I wish to moratoriums, through blocking per- Pipeline project in terms of the eco- turn to the esteemed Senator from Wy- mits, through leasing plans. They have nomic benefits and the need for our Na- oming, Mr. BARRASSO, another major denied Americans billions in public tion to truly have energy security. energy-producing State, and ask him revenue and thousands of jobs. Ms. MURKOWSKI. I thank my col- for his thoughts in regard to the regu- I stand here saying that the Keystone league from North Dakota. I thank him latory obstacles to energy develop- XL Pipeline is a perfect example of the for his leadership on how we can get ment. If we are going to be energy se- Obama administration’s pattern of de- the Keystone Pipeline moving, how we cure, energy independent in this Na- laying good projects by requiring ex- can ensure that a resource from our tion, we have to find a way to empower cessive redtape. friend and ally Canada can be utilized, project investment and empower the So I come here with the Senator from can help us here in this country to kind of development we are talking North Dakota and the Senator from truly gain that level of energy security about—not only infrastructure but the Alaska—and I thank the Senator from we have been talking about. new technologies that will help us North Dakota for his leadership, for his There have been several good com- produce more energy in our country determination, for his courage, and for ments about the report I released last with better environmental steward- his fortitude—in fighting to make sure week, my ‘‘Energy 20/20.’’ I just happen ship. That is what we seek to do and I we as a country continue to strive for to have a copy of it here on the floor. know that is exactly what Senator American energy security. That is ex- But out of 115 pages, I can distill it in BARRASSO is working on in his State. I actly what we are going to have with one simple bumper sticker; that is, en- would like him to address that aspect. this proposal. ergy is good, energy is necessary. Mr. BARRASSO. Madam President, if I call on the administration today— If you look at the cover of the report I may join in this discussion—and it is the President, as well as the new Sec- here, it is essentially a map of the wonderful to see the bipartisan nature retary of State—to approve the Key- world from way up high. When you are of this discussion, to turn and look stone XL Pipeline, to allow that en- looking down and you see the lights at around the floor of this Chamber and ergy—which is either coming here to night, you can tell the prosperous see three Democratic Senators talking the United States or going to China or places within the world. It is where the to this issue and three Republican Sen- elsewhere—to approve it to come to the lights are on. It is where our energy is. ators talking to the same issue and United States, to help our production, So when we talk about energy, I think agreeing, because all of us are like- to help our consumers, to help our jobs it is important to really put it in the minded in the fact that when we think in this country. Those are the things context of how important, how signifi- of energy—and the Keystone XL Pipe- that are important as we try to focus cant it is to our daily lives. line is a big part of that—we think of on energy security for our Nation, eco- Over a week ago now we were all re- energy security for our Nation, which nomic growth for our Nation, as well as minded of the importance of energy is part of this, economic growth, and environmental stewardship. when there were 34 minutes of dead

VerDate Mar 15 2010 04:18 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.020 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S734 CONGRESSIONAL RECORD — SENATE February 14, 2013 time during the Super Bowl. A lot of Mr. HOEVEN. I thank the Senator ruary 10. One thousand voters were folks were paying attention to, well, from Alaska again for being here today contacted in that poll that was com- where do we get our energy sources talking about the importance of mov- missioned by API and conducted by from? It starts a good conversation, a ing forward with the Keystone XL Harris Interactive. One thousand vot- necessary conversation. Pipeline project and, again, for her ers were contacted, and 69 percent sup- In my document I focus on five dif- leadership on energy issues. She is our port construction of the Keystone XL ferent areas where we need to talk ranking member on Energy. I think no Pipeline and 17 percent oppose. about energy policy. I am looking for matter whom you talk to, she is abso- So here is a project which on the an energy policy that is abundant, af- lutely inclusive when she talks about facts is something that needs to hap- fordable, clean, diverse, and secure. energy development, all aspects—the pen. We need approval of this project When we talk about the fifth one, the energy development, the environ- on the facts, as we have gone through security, this is where the Keystone XL mental stewardship, the jobs, devel- and cited in great detail. But this is a project really comes in to play. When oping all types of energy. She brings project which the American people sup- we are talking about security, that tremendous knowledge and experience port 69 percent to 17 percent. My ques- does not necessarily mean that every- to energy issues. So I would urge the tion for the administration is, Is this thing we want as a nation is going to administration to listen to one of the decision going to be made on the facts be produced right here within our own leading voices in energy in our coun- and what the American people want or borders. What it means is how we re- try, and that is Senator MURKOWSKI, is this going to be made on the basis of duce vulnerabilities from others, how and ask them to approve this project. special interest groups that may dem- we can eliminate our reliance on The senior Senator from Montana onstrate from time to time around the OPEC. could not be here today but did ask White House? I believe the decision Ladies and gentlemen, this is a re- that I express his strong support for needs to be made for the American peo- ality. This is doable. This is possible by the Keystone XL project—Senator MAX ple to approve the Keystone XL Pipe- 2020. This is not pie in the sky. Let me BAUCUS from Montana. My friend from line project. give you some numbers. Montana has said over and over the With that, I yield the floor. In 2011 Canada produced roughly 2.9 same thing all of us know; that is, Key- The PRESIDING OFFICER (Mr. million barrels of crude oil per day. stone is about jobs, and every day we HEINRICH). The Senator from Wyoming. Mexico produced 2.6 million. When you delay the Keystone Pipeline is another UNIONS AND OBAMACARE add this to the approximately 6 million day we delay creating American jobs. Mr. BARRASSO. Mr. President, I rise barrels the United States produces So I want to thank not only Senator today as a physician who practiced each day, total North American pro- BAUCUS but all of the Senators who medicine in Wyoming for more than 25 duction—which is 11.5 million barrels— have joined us here today: Senator years, and I rise to continue the debate it is far greater than the Nation’s net LANDRIEU from Louisiana, Senator we have been having in this body about imports, which was 8.5 million barrels CORNYN from Texas, Senator BOOZMAN the President’s health care law. back last year—more than double the from Arkansas, Senator MANCHIN from Although there has been significant imports from OPEC. West Virginia, Senator BARRASSO from debate and discussion, what I have con- So if we can do more within our own Wyoming, Senator BEGICH from Alas- tinued to try to do is discuss some of borders here and ensure that we are ka, and, as you have just heard, Sen- the many ways in which this law falls able to rely on our friends to the north, ator MURKOWSKI from Alaska. short of its goals and falls way short of the Canadians, and our friends to the We have made the environmental what the American public has asked south, the Mexicans, we can displace— case. The environmental case is strong- for when it comes to the need for we can fully displace our reliance on er with the pipeline project than with- health care reform. OPEC imports by the year 2020. out it. Every single State on the route The Obama administration continues But part of achieving this goal is is supporting the project. And I think, to put significant effort into trying to being able to count on the Keystone as Senator MURKOWSKI so well con- sell its health care law and tries to XL Pipeline. It is as simple as that. It cluded for us, it is about energy; it is convince people that it is the answer to is about security. It is about ensuring about jobs; it is about tax revenue we all of their problems. But in the words that we have a supply that not only need to close the deficit and address of John Adams, ‘‘Facts are stubborn helps us achieve that energy security, the debt without raising taxes; and it things.’’ but it allows us to achieve economic is about energy independence and en- Despite all the spin of this adminis- security. ergy security for this country so we do tration, the American people continue So far as the jobs that are created, not continue to import oil from the to learn the facts—the facts about just really the ripple effect that goes out— Middle East or from places such as how bad this law is and how much it is it is not just constructing one pipeline. Venezuela but, rather, we get it from going to cost them personally in terms It is the ripple effect that comes from our closest friend and ally Canada, as of finances and personally in terms of this boom of opportunity within our well as from States such as my own their own health care. That is why the country. State and from Montana, and we refine President’s health care law continues, So it is jobs and economic security. it in our refineries and provide it to this day, to be unworkable, unpopular, It is energy security from the perspec- our hard-working citizens across the and absolutely unaffordable. tive of reducing our reliance on those country. So instead of having record We saw another example of this re- countries we do not necessarily like, highs in the price of gasoline—we have cently when one group who had pre- removing ourselves from the need to the highest price ever at this point in viously supported the law learned more import OPEC oil, and having the abil- February: $3.62 a gallon—we start mov- about what is in it. ity to control our destiny from a per- ing energy costs down for our con- Back when we were debating the bill spective of abundance rather than from sumers, to create a more robust econ- originally, labor unions around the scarcity. omy, and to ease the pain at the pump country were among the biggest back- We should look to our friends and for our hard-working Americans. ers of the law. Unions sent their lobby- neighbors. We should work with the I just want to close with that there ists up here to press their Democratic Canadians. The President should sign will be another rally of demonstrators supporters to pass the law. They put the Keystone XL Pipeline bill into law. around the White House this weekend. out many statements saying things He should make it happen. We should I think it is scheduled for Sunday. like, ‘‘We need this health care law not be waiting any longer for all the Now, I do not know if they are going to now.’’ They held rallies right out in reasons so many on this floor have dis- handcuff themselves to the fence like front of the Capitol. cussed this afternoon. actress Daryl Hannah did the other day We saw the same kinds of demonstra- So to my friend the Senator from or what they are going to do. But the tions last spring when the Supreme North Dakota, I say thank you for your simple point is this: I just gave the in- Court was considering a challenge to leadership. Let’s make this happen formation from a poll that was con- the law. Now, I went to the oral argu- now. ducted from February 5 through Feb- ments, and I remember one group of

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.022 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S735 union members chanting: ‘‘We love Wall Street Journal that ‘‘these mat- bill behind closed doors. Actually, the ObamaCare.’’ ters are the subject of pending regula- President warned about the danger of Well, apparently now, today, I will tions.’’ Amazingly, one of the lobbyists writing a bill behind closed doors until tell you, the love is gone. According to for the union said the administration he decided that was exactly what he a recent front-page article in the Wall can ‘‘create a loophole for them wanted to do. So he sent his Chief of Street Journal, some union leaders through Federal rule-making.’’ Create Staff to do just what he said would be now say that ‘‘many of the law’s re- a loophole for the unions. Create a dangerous, write a law behind closed quirements will drive up the costs for loophole. doors. their health-care plans and make Well, that is wrong. The American Some of us were concerned about the unionized workers less competitive.’’ people know it is wrong. The adminis- special deals for special groups. Of Republicans said the President’s plan tration has no legal authority to ex- course, these were special deals that would drive up costs for hard-working pand access to health insurance sub- would harm health care for the rest of Americans from the beginning. Union sidies under the law. This is not a mat- us. President Obama and Democrats in leaders absolutely ignored our warn- ter of regulation, it is a matter of the Congress rejected our concerns. NANCY ings and supported the law anyway. law. It was a bad law—bad law as it was PELOSI famously said we need to pass Now we have been proven right, and we being adopted, bad law as it was being the law so we can see what is in it. are seeing buyer remorse by a lot of signed. It is full of unintended con- Well, the American people now are see- the law’s supporters. This was abso- sequences. This particular consequence ing more and more of what is in the lutely predictable. What is really inter- was spelled out unambiguously. Last law, and they do not like what they esting is the reaction. It is clear from week, 31 Republican Senators wrote to see. Now they are calling for all of us that Journal article that many union remind the President of that fact. to do something about it. This is not leaders are angry and disappointed. Of course, it is not just union mem- the time for special-interest loopholes. Well, union leaders should be angry. bers who are disturbed by the law’s ef- It is not the time to make more deals The Obama administration misled fects on health care costs. Numerous behind closed doors. It is not the time them into believing their members reports have pointed out that costs will to hand out breaks for one favored could keep the health care plan they continue to rise when more of the group at the expense of everyone else. had. They should be angry with Presi- health care law’s mandates kick in I yield the floor, and I suggest the ab- dent Obama. They were deliberately next January. One study estimates sence of a quorum. deceived when he promised repeatedly, that healthier people are going to see The PRESIDING OFFICER. The saying health insurance costs would go their insurance costs go up by 40 per- clerk will call the roll. down $2,500 for the average family by cent to cover the cost of insuring less The assistant legislative clerk pro- today. healthy people. The law’s requirements ceeded to call the roll. The unions are also now lobbying the on caps on medical benefits will also Mr. MORAN. Mr. President, I ask Obama administration to do an end-run cause an increase in premiums. So will unanimous consent that the order for around the law. The Wall Street Jour- the quorum call be rescinded. nal quoted union leaders saying that the requirements that adults up to age 26 be allowed to stay on their parent’s The PRESIDING OFFICER. Without they were going to push the Obama ad- objection, it is so ordered. ministration to now subsidize their plan. Late last year, Blue Shield of Cali- TRIBUTE TO RANDY AND SUZY STORMS health insurance costs. Now disturbing fornia asked for permission to raise its Mr. MORAN. Mr. President, another comments come from the administra- sad occasion in Kansas. A week ago tion suggesting it might be willing to rates by as much as 20 percent. The this past Sunday, the Wichita commu- do just that. CEO of Aetna said rates in some areas Unions have focused their efforts on could go up as much as 100 percent. nity was struck by the tragic news that trying to get the administration to ex- That is on top of the premium increase Randy and Suzy Storms were killed in pand access to advanced premium tax of more than $3,000 the average family a fatal car accident in east Wichita. credits. The subsidies were intended has seen since President Obama took Randy and Suzy were traveling home only for people who cannot get insur- office. from visiting a friend at a local hos- ance through their employers. That is We have got to lower the cost of pital when Randy experienced a health how it was set up. Well, that means health care. President Obama and the problem while driving, which led to a union members who have insurance for Democrats who voted for this piece of devastating accident. a plan jointly run by the union and legislation in the House and in the Sen- Randy and Suzy were very well their employers are not eligible for the ate promised the law would do that. known and very well loved in the Wich- subsidies. Well, it has not done it. It will not do ita community for more than 30 years. The law is crystal clear. In fact, the it. Their plan was short on reform and Their care and compassion for those in law lays out four conditions for getting long on budget tricks and accounting difficult circumstances shaped how the tax credit: You have to get insur- gimmicks and on empty promises. they lived their lives. Randy had a spe- ance through the exchange, either a The cost concerns the unions raise cial gift for connecting with those who State exchange or the Federal ex- are absolutely legitimate. I share those were struggling, perhaps because he change; you have to pay the premiums concerns and so do all of the Senators knew how difficult life could be. As a yourself; you must not be eligible for on this side of the aisle. But we cannot teenager, Randy suffered a spinal in- minimum essential coverage other give extra benefits to union members. jury which forced him to live as a than the plans offered in the individual The problem is not that the law makes quadriplegic. Resolved to make his market; and you must not be enrolled union health benefits more expensive; faith in Jesus the core of his identity in an eligible employer-sponsored plan. the problem is the President’s health and not his physical disability, Randy Those are all four. That is it. So union care law makes everyone’s health in- chose to invest his life in caring for workers covered by their employer or surance more expensive. The answer is others. by a joint plan from their employer to control costs for everyone, not just Shortly after high school, Randy and the union do not meet these four for special-interest groups with friends began to serve on the staff of Young criteria. in the White House. Life, a Christian organization that Let’s go back to NANCY PELOSI and We need to revisit the taxes, the fees, mentors and works with young people. that famous quote: ‘‘First you have to and the other policies that drive pre- His position at Young Life was a pass it before you get to find out mium increases. We need real health springboard to reaching a wider Wich- what’s in it.’’ The union bosses should care reform in this country, reform ita community. Over the years, Randy have read the bill before they decided that gives people the care they need became a counselor and friend to to support it. And if they had read the from the doctor they choose at a lower countless pastors, community leaders, bill, they would have been smart to op- cost. young adults, and everyone else who pose it. When we were debating the Presi- was in need of a friend. Despite the clear law, a spokesman dent’s health care law, some of us Jen Shively, who served with Randy for the Treasury Department told the warned about the danger of writing a for 27 years, remembered that he

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.023 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S736 CONGRESSIONAL RECORD — SENATE February 14, 2013 ‘‘loved people well,’’ and that ‘‘loving been a member of the Senate, seven Entrepreneurs and investors can play a others was effortless for him.’’ countries have changed their policies, major part in our economic recovery, and I Nan Chastain met Randy while at- their laws, and their regulations to be want to do everything I can to ensure that tending Young Life and she remembers attractive to entrepreneurs, while we Britain remains an attractive destination for them. Last year we issued far too few visas Randy as ‘‘the definition of faithful- have not. This map shows those coun- to those who wish to set up a business and ness.’’ She said, ‘‘He was always there tries—Russia, Singapore, Australia, invest in the UK—I intend to change that. for anyone whenever they needed him.’’ Brazil, Chile, Canada, and the United That was the Immigration Minister In short, Randy Storms valued every Kingdom. of the UK speaking. And this is our I recently shared what Canada was life. competition. His wife Suzy was also known for her doing to attract more entrepreneurs, We in Congress and the administra- and today I will share what is hap- great love and her care for others. On tion need to take notice. Other coun- pening in the United Kingdom and ex- any given day, you could find Suzy tries are aggressively courting entre- plain why it is in our country’s best in- helping young women and teen moth- preneurs and those talented individuals terests to act quickly to retain highly ers in need of encouragement and a lis- will not sit on the sideline with their skilled and entrepreneurial immi- tening ear. good ideas. They will go to the country grants. Sean Spencer, a long-time friend of that welcomes them and set up shop. Much like the United States, the UK the Storms, knew Suzy to be a person A story I heard while visiting Silicon had a range of visa categories for im- of great strength and grace. Together, Valley recently illustrates this point. migrants with varying skills and finan- the couple invested in the lives of A large company that was just a few cial resources. But in 2011, the UK Gov- many married couples, both young and years ago a startup itself told me they ernment made changes to simplify old, who were facing the trials of life had plans to hire 68 highly skilled im- their visa rules in order to attract together. Randy and Suzy found joy in migrants but could not get visas for more talented entrepreneurs to their serving together and encouraging oth- them to work in the United States. ers. country. The UK recently created an Rather than letting that talent go, The Wichita community came to entirely new type of visa for what they the company hired them but in a dif- call ‘‘prospective entrepreneurs.’’ know the Storms as the folks who ferent country. While it is troubling to These individuals are allowed to enter would show up to your kids’ sporting me that we lost 68 jobs because there the UK for a set period of time to se- events, high school graduations, and was no visa for them—we lost those cure funding and start the process of baptisms to celebrate what means the jobs here in the United States and the setting up their businesses before they most in life—people. The Storms were visa program didn’t work to attract begin the traditional visa process. also known as the folks who would and retain them—what troubles me Raising capital can be one of the more faithfully show up at the darkest hour even more than that is we know that challenging aspects of starting a new to lend a helping hand or to offer com- someone—and maybe several of those business, and this visa gives entre- fort to those facing serious difficulties. 68 people hired—will go on to start a Randy and Suzy Storms lived out the preneurs a running start. The UK has also changed its top visa business that may result in significant biblical teaching to love your neighbor job creation. Those are jobs that could as yourself, and they touched the lives category, tier 1, to be restricted to en- trepreneurs, investors, and the excep- have been created in the United States of countless Kansans. My heartfelt but now will be created in another sympathy goes out to their two chil- tionally talented. Those entrepreneurs falling within the tier 1 category must country. dren Nick and Natalie and their two have set up or taken over a British There is a global battle for entrepre- grandchildren Jack and Lucy. Randy business. The initial investment in neurial talent, and the United States is and Suzy were two very special people their companies can be as little as falling behind. When we lose those en- who will be greatly missed by so very 50,000 pounds, given that certain cri- trepreneurs and highly skilled immi- many. teria are met. By lowering the initial grants, we lose the jobs they create. This tragedy is a somber reminder capital investment required, entre- This is certainly about the entre- that every day is a gift and we are not preneurs can get set up and running preneurs, but it is more about the folks promised a tomorrow. May we learn their businesses sooner rather than whom they will employ—folks here in from the Storms that what truly mat- just raising more money. the United States who are in desperate ters in life is the people around us, and The UK has also revamped its Global need of employment. may their example spur us to love one Entrepreneurs Programme, which The legislation that led to changes in another more deeply. works to encourage innovative tech- the UK’s visa law was drafted by Cam- I ask my colleagues as well as all nology businesses to relocate to the bridge venture capitalist Alex van Kansans to remember the Storms fam- UK. The program is aimed specifically Someren. Alex is aware that here in ily in their thoughts and prayers in the at foreign entrepreneurs and offers a America there have been recent efforts days ahead. range of support to startups, from help to attract entrepreneurs to our coun- GLOBAL BATTLE FOR TALENT in raising capital to providing mentors try, but the barriers to entry are still Mr. President, I am thankful for the to offering networking opportunities higher than in the United Kingdom. opportunity to be on the Senate floor with successful entrepreneurs. This Alex said this in a recent interview he today to continue to tell my colleagues program has helped more than 200 en- had with Business Weekly: ‘‘We have about the issues of entrepreneurship trepreneurs and early-stage technology beaten the American effort and that is and the global battle for talent, the op- companies get established in the fabulous news for UK entrepreneur- portunity to start businesses, and the United Kingdom so far. ship.’’ challenges we face from other coun- You can see from this poster, Sir This might be good news for the tries in competing in this global econ- Richard Branson is helping promote United Kingdom, but it is not good omy. this program because he knows first- news for Americans. I want to make From our Nation’s earliest days, en- hand the value of entrepreneurship. sure that the first choice for entre- trepreneurs have been the driving force Many people today know Richard preneurs looking to start a company behind U.S. economic growth and ex- Branson as the creator of Virgin Air- remains the United States of America, pansion. Yet the state of entrepreneur- ways, but he got his start at the young and Congress has the responsibility to ship in America is not as strong as it age of 16 by successfully launching a make certain that happens. once was. In today’s global economy, new student magazine. Now, 45 years In a bipartisan effort, Senator WAR- an entrepreneur has more choices than later, his investment group employs NER, Senator COONS, Senator BLUNT, ever about where to start his or her approximately 50,000 people in 34 coun- and others introduced the Startup Act business. tries and its revenues in 2011 were 3.0 yesterday and an identical bill is Over the last 2 years, at least seven around $21 billion. being introduced today in the U.S. other countries have taken action to The UK’s Immigration Minister said House of Representatives. Startup Act better support and attract entre- this about the country’s recent efforts 3.0 makes changes to the Federal regu- preneurs. In the 2-plus years I have to attract more startup companies: latory process to lessen government

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.030 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S737 burdens on job creators, modifies the company works for an immigrant- game of life and the functioning of our Tax Code to encourage investment in owned firm. While we work in the economy. Sequester is a technique we new businesses, seeks to accelerate the United States to continue educating are going to use as Washington-speak commercialization of university feder- our children with the skills for a 21st for saying we will have, starting March ally funded research that can lead to century economy and training the next 1, across-the-board cuts that will be new ventures and, importantly, pro- generation of great American entre- devastating to our economy and to the vides new opportunities for highly edu- preneurs, we also need to welcome functioning of government. I just held cated and entrepreneurial immigrants those who want to create a business a hearing this morning in my full Ap- to stay in the United States where here in the United States and employ propriations Committee about the con- their talents and new ideas can fuel our citizens. sequences of these cuts. It is really economic growth and, most impor- I believe that 80 percent of my col- scary. We are going to cut defense. It is tantly, create American jobs. leagues here would agree with the pro- going to have a negative impact on our Startup Act 3.0 creates an entre- visions of Startup Act 3.0. They under- readiness. At the same time, people preneur’s visa for foreign-born entre- stand these are important issues for building some of the smart weapons for preneurs currently in the United the economic growth and new job cre- the future, such as shipyard workers, States. Those with a good idea, capital, ation for Americans. I urge my col- over several thousand of them, could be and willingness to hire Americans leagues to pass what we can agree to laid off. would be able to stay in the United now and keep working to find common Not only must we protect our mili- States and grow their businesses. ground on issues that still divide us. tary from these devastating cuts, but In many instances, foreign-born en- The longer we wait, the farther we fall there are others who wear the uniform trepreneurs, here legally, have an idea behind in this global competition for of the United States of America who and want to begin a company that will the most entrepreneurial immigrants. protect us. For example, we have 57,000 employ Americans but are told their While the United Kingdom and other Border Patrol guards who could be laid visa does not allow them to remain in countries are creating new opportuni- off. We also have people who run our the United States. With few ways to ties for entrepreneurs, the United weather satellites who help provide the stay, these entrepreneurs are forced to States remains the land of opportunity important information to warn for tor- move and to take their business with and birthplace of the American dream. nadoes, to warn for hurricanes, to warn them where they will create jobs in We need to pass Startup Act 3.0 so for- for these terrible blizzards so that local other countries. eign entrepreneurs can strengthen our governments can efficiently prepare. I want to make certain America is economy and so American business Then there are terrible cuts in the area the best place for entrepreneurs who men and women can pursue their particularly of education. want to build in America and hire dreams here in the United States. We need to be able to come up with Americans. Passing Startup Act 3.0 Millions of our citizens, unfortu- $86 billion to cancel this year’s seques- will help make that happen by creating nately, remain out of work. Many are ter. That is $86 billion—‘‘b’’ as in BAR- new ways for immigrants legally in the underemployed. Our economy is barely BARA, not ‘‘m’’ as in MIKULSKI. We have United States to open a business and to growing. We can jump-start the Amer- less than 2 weeks to do that. employ our fellow citizens. ican economy through Startup Act 3.0, Now, as the full chair of the Appro- People come from all around the and the skills we need to pursue the priations Committee, working with our world to the United States. They come American dream can be here in the Democratic leadership and our very to study and they come to work. They United States and we can strengthen able chair of the Budget Committee, come to live in a place where they can our economy. Senator MURRAY, as well as Senator have the freedom to pursue their Madam President, I suggest the ab- BAUCUS, the chair of the Finance Com- dreams. The entrepreneur’s visa would sence of a quorum, and I yield the mittee, as well as other people in the allow these risk-takers to stay here floor. Senate, we have been able to come up and operate their businesses. The PRESIDING OFFICER (Ms. with an alternative. It offers a bal- Each immigrant entrepreneur would HEITKAMP). Without objection, it is so anced approach to revenues as well as be required to create jobs for Ameri- ordered. to cuts. cans. If the business was not successful The clerk will call the roll. Our proposal will include reforms to and the jobs were not created, the im- The assistant legislative clerk pro- the Tax Code and save $55 billion. At migrant would have to go back to his ceeded to call the roll. the same time, what we will be able to or her own home country. The PRESIDING OFFICER (Mr. do is come up with cuts in spending. While some immigrant entrepreneurs KING). The Senator from Maryland. One will be $28 billion of cuts in the would fail, others would follow a path Mr. CARDIN. Mr. President, I ask farm bill and then another $27 billion worn by many who came before them unanimous consent that the order for in defense. and succeeded. Entrepreneurial immi- the quorum call be rescinded. Now, before people worry and before grants have long contributed to the The PRESIDING OFFICER. Without Iran gets any funny ideas—or anybody strength of our economy by starting objection, it is so ordered. who is a foe of the United States—that companies and creating jobs. I can Mr. CARDIN. Mr. President, I ask we are going wimpy or soft, the answer think of the Russian immigrants, for unanimous consent that I be permitted is no. These cuts will not go into effect example, who are entrepreneurs in a to enter into a colloquy with my col- until 2015, after we have brought our sense who came to Kansas and brought league from Maryland, Senator MIKUL- troops back home from Afghanistan. hard red winter wheat with them. What SKI. Then they will be spread out over 8 a true entrepreneur—an immigrant en- The PRESIDING OFFICER. Without years until 2021. So we won’t impact trepreneur—who changed the face of objection, it is so ordered. readiness. If there is a foreign predator, our State. (The remarks of Mr. CARDIN and Ms. don’t think we are weakening our- On the current Fortune 500 compa- MIKULSKI are printed in today’s selves. What we are doing is looking at nies, more than 40 percent were found- RECORD under ‘‘Morning Business.’’) ways the Defense Department can get ed by a first- or second-generation SEQUESTER IMPACT rid of some of these programs that are American. Not only are these immi- Ms. MIKULSKI (Ms. HEITKAMP). now dated, some of the weapons sys- grants entrepreneurial, but they are Madam President, while we are waiting tems that are no longer as relevant as also disproportionately innovative. to take up some other important legis- they once were, as we modernize. Foreign nationals residing in the lation, I wanted to come to the floor to So between the mandatory spending United States were named as investors speak on another very important mat- cuts in the farm bill and in defense, we or coinvestors in a quarter of all patent ter. will cut spending by $55 billion. So we applications filed in the United States What I wish to talk about is seques- take $55 billion in cuts and $55 billion in 2006. ter. ‘‘Sequester’’ is a nine-letter word in revenue, and this will give us the Today, one of every ten Americans that would be a big hit in a Scrabble $110 billion to be able to deal with this employed in a privately owned U.S. game, but it is a lousy word for the problem.

VerDate Mar 15 2010 23:46 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.032 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S738 CONGRESSIONAL RECORD — SENATE February 14, 2013 I am really jazzed about sequester. I child with cerebral palsy—they are loquy with my colleague from South represent some of the great iconic Fed- looking for safety and efficacy so those Carolina. eral agencies in the State of Maryland. products can move to clinical practice, The PRESIDING OFFICER. Without I have 1,000 Federal employees. People to the marketplace, and products we objection, it is so ordered. say: Oh, we know them. Aren’t those can sell to the world. There are many Mr. MCCAIN. Madam President, the pointy-headed bureaucrats who countries that could never afford an there seems to be a lot of back and only do heavy lifting by getting a latte FDA, but because they are FDA-cer- forth and misinformation about where in the morning? The answer is abso- tified in our country, they will buy our various Senators stand on the issue of lutely not. Let me tell my colleagues products. the Hagel nomination. I have a state- who those people are, and I am really I am proud of that, that we are going ment I will give in a few minutes about proud of them. to be the country that is inventing why I am opposed to Senator Chuck They run the Social Security Admin- cures for cancer. We only look at the Hagel to be Secretary of Defense, but I istration. They make sure the checks ‘‘a’’ words: AIDS, Alzheimer’s, autism, think it is important to make a couple go out on time. They are doing all the arthritis. Just look at that. At the points. One is that the distinguished actuarial work. They are making sure very time we are looking to lay off peo- chairman and I were here back in 1988. Social Security is relevant, financially ple or furlough people at NIH, they In 1988, on December 16, John Tower solvent, and far more efficiently run, have just lowered the cancer rates in was nominated to be Secretary of De- with lower overhead than an insurance the United States by 12 percent—12 fense. On January 25, 1989, his confirmation company. percent. I represent the National Institutes of During the terrible fiscal cliff nego- hearings began. On February 2, 1989, the committee postponed the confirma- Health, whose sole job is to find cures tiations around New Year’s, I spoke to tion vote after allegations were raised. for the diseases affecting the American Dr. Francis Collins, who heads that On February 8, the committee vote was people. Right this very minute we are agency. We were making these an- delayed again until February. Feb- working on the cure for Alzheimer’s, nouncements on how America leads the ruary 23, he was voted out of the com- with a cognitive stretch-out of Alz- way to lower cancer rates among its mittee. March 10 was the time where heimer’s. My dear dad died of that. I own people. Isn’t that a great victory? the Senate rejected the nomination by know the consequences. It is a terrible At the same time, I was telling him he 53 to 47. heartbreak for the family, and I will could be heading into sequester or I was there. I saw. One of the worst tell my colleagues that it is a budget- going over a fiscal cliff. things I have ever seen in the history buster when one has to turn to long- Every day these 130,000 people are of the Senate, the way they dragged term care. If we can keep the funding working to help America, whether they out Senator John Tower—a good and going and if we can have that break- are working with weather satellites, decent man’s reputation with allega- through, if we can even find a cognitive whether they are doing the next gen- tion after allegation, all of which stretch-out for 3 to 5 years for people eration of drug approval, whether they turned out to be false. So I would like going into nursing homes, we could cut are running the Social Security Ad- to inform my colleagues, this is not the our Medicaid budget in half because 80 ministration, whether they are over at first time we have had a delay in the percent of the money in our Medicaid the National Institute of Standards confirmation of a Secretary of Defense. budget goes to paying for long-term making sure American products have I will be glad to go over what I saw, care for people with Alzheimer’s, Par- American standards and not the Chi- including allegations that were thrown kinson’s, Lou Gehrig’s disease, or other nese standards—again, so we can man- over the transom day after day, week diseases with neurological impair- ufacture here and sell over there. after week. They destroyed a good and ments. We are being pound foolish to So I think sequester is a terrible decent man in Senator John Tower. So save nickels and dimes. We need a thing. As the chair of the full Appro- the allegation that somehow we are long-term solution. priations Committee, I am working dragging this out or delaying it, it is By the way, the sequester is supposed with our leadership to try to deal with not the first time in history, I will say to happen every year for 9 years. It was this issue, but I also say to the other to my dear friend, the chairman of the to get us to the table so we could deal side of the aisle, let’s come together. Armed Services Committee. not only with our debt and deficit—yes, Let’s work with our President. Let’s Having said that, there are still ques- we got that message, but the other have that grand bargain through look- tions outstanding. I believe Senators message is that we have to get America ing at tax reform, reviewing some of have the right to have those questions ready for the future. We have to create our mandatory spending and how we answered. The Senator from South jobs today and innovate for jobs tomor- can get savings out of that, as well as Carolina and I, the Senator from New row. That is at NIH. Those are the peo- targeted, strategic cuts. Let’s get us on Hampshire had a response from the ple working there. the right fiscal path, but also let’s get President today on the question we I represent three Nobel Prize winners us on the path for innovation, for jobs had, but there are other questions. But who are civil servants, several Nobel today and jobs tomorrow. We want to I think during the break is sufficient Prize winners over at Johns Hopkins. continue to lead the world, and we time to get any additional questions They are not only proud of winning the want to defend ourselves not only answered. I will vote in favor of cloture prizes, but they want to help America against foreign predators who might on the day we get back. I believe my win the markets—new ideas for new wish to do us harm but those other colleagues would also—a number of my products that will lead to new jobs. horsemen of the apocalypse who ride, colleagues would do the same. We also have in my State the Federal such as pestilence and disease, and we I think that is a sufficient period of Drug Administration. I wish the Pre- can do it. So let’s saddle up and get the time to get answers to outstanding siding Officer could come over there. job done. questions. I think Senator Hagel, after There are 4,000 people working there. Madam President, I yield the floor, that period of time, deserves a cloture They say: Well, all those people. Yes, and I note the absence of a quorum. vote and an up-or-down vote on his all those people. Again, there are The PRESIDING OFFICER. The nomination. Ph.D.s and M.D.s, people with master’s clerk will call the roll. I ask if my colleague wants to com- degrees, and what are they working The assistant bill clerk proceeded to ment. for? They are looking for new medical call the roll. Mr. GRAHAM. We reported Senator devices to help people, the new break- Mr. MCCAIN. Madam President, I ask Hagel’s nomination out at 5 o’clock. I throughs in perhaps the next genera- unanimous consent that the order for would argue that the hearing was in- tion of the pacemaker. They are taking the quorum call be rescinded. teresting, I think at times unnerving. ideas invented by the private sector, The PRESIDING OFFICER (Ms. WAR- Here it is Thursday. So there are some including a new insulin pump that will REN). Without objection, it is so or- questions being asked by our col- help a diabetic person have a more ac- dered. leagues that I think are legitimate. tive life or even breakthroughs for neu- Mr. MCCAIN. Madam President, I ask Some are kind of creating a new stand- rological impairment for perhaps the unanimous consent to join in a col- ard. I am confident, in the next week,

VerDate Mar 15 2010 01:49 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.038 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S739 unless there is some explosive bomb- other foot and it were a Republican the other side of the aisle stating that shell that I cannot quite get my hands President making a nomination, Demo- they plan on voting for cloture. They around, I intend to vote for cloture and cratic Senators would say the same obviously said they will not vote for against the nomination. I am one, thing: Give us a reasonable amount of cloture today, which is, I think, too along with Senator MCCAIN, who be- time to consider this nomination on bad because there has been more than lieves filibustering should be a rare the floor of the Senate. enough time in the last 2 days to read thing. I have a little experience in that my- the additional speeches that have been But what we are doing is saying the self. The first President Bush nomi- coming in. debate time for Senator Hagel is not nated me to be U.S. Education Sec- The only argument that was raised yet over, since he just got reported out retary about 20 years ago. I thought I beyond that, that I know of, has to do Tuesday at 5 o’clock. Put yourself in was a fairly noncontroversial nominee, with a payment from an equity fund. the shoes of the colleagues who are not much less important than the Sec- That was received. It has been fully ex- on this committee. This has been a retary of Defense. But I remember very plained. It is a highly reputable fund very controversial nominee. I will say well, it was 87 days between the time that Senator Hagel was an adviser to, the reason we voted for Senator Kerry the President announced my nomina- similar to many other very reputable on the same day he got reported out of tion and the day on which the Senate people. So I think the continuation of committee and he got 97 votes, that all unanimously confirmed me. what amounts to a filibuster, since 60- of us felt comfortable with the nomina- There was, at the time, a Senator vote votes are required to end debate, tion. There are very uncomfortable from Ohio named Metzenbaum, who for is too bad when there is a Secretary of things about this nomination. But hav- whatever reason decided the Senate Defense who is leaving to go back to ing said that, I do believe that unless needed more delay to consider my California, and we very much need to there is something new that comes out, record and my background. have our new Secretary of Defense in we should proceed to a vote, up or There is nothing new about this. I place, given the circumstances in this down. I am willing to invoke cloture would respectfully suggest that the world. because I think, as Senator MCCAIN majority leader’s motion to cut off de- We have a budget crisis in this coun- said, the week time period would give bate on Senator Hagel, made 2 days try. Our sequester is confronting us. us a chance to answer these questions. after his nomination comes to the floor That sequester will have a damaging Let me inform my colleagues that of the Senate, is premature. effect on the Defense Department, on just about an hour ago, there was a Republican Senators have questions the men and women in uniform, and on press report that a speech was given by they would like to have answered. I programs, the equipment, the training Senator Hagel—I can’t remember the think they are entitled to do that. they need to be ready for any kind of a group. But one of his aides posted— When we come back from recess, 10 contingency. based on his notes what he had said the days from now, I think that is suffi- So the delay in having a vote on clo- next day on a Web site. cient time to consider those questions. ture, to me, is a mistake, and we ought During that speech, according to this I will vote for cloture so we can have to approve the ending of the debate aide, Senator Hagel said the U.S. State an up-or-down vote on the President’s today so we can get on with the con- Department was an extension of the nominee for the Secretary of Defense. I firmation vote, which will be a major- Israeli Government. Things such as think the President is entitled to that ity vote. After there is a cloture vote, that are unnerving. There is at least but not prematurely. debate is finally ended in this body, the one speech he gave that he did not re- I thank the Senator from Arizona for final passage of a bill or the vote on port that we think there is a copy of. yielding time. the nominee is a majority vote, not 60 We should get it in the next few days. Mr. MCCAIN. Madam President, I votes. So I am hoping there will be 60 That is why I would oppose cloture note that the present occupant of the votes today so we can get on with ap- today, vote for it after the recess. chair is familiar with the rigors of this proval of this nominee, hopefully Mr. MCCAIN. Madam President, I ask process as well. So I think it is impor- shortly thereafter, and fill this spot unanimous consent that the Senator tant to note. Again, I wish to say that which is sitting there waiting to be from Tennessee, who also, in my view, it is one thing to support or oppose a filled. is one of the great protectors of the nominee, but I do not believe a nomi- We have North Korea exploding a nu- Senate, preserving its tradition and nee deserves a dragged-out process. I clear device. We have a war going on in customs—I would ask if he has a view think the Senator from Tennessee and Afghanistan. We need to have a Sec- on this issue. I wish to repeat: I would the Senator from Massachusetts would retary of Defense in place. So I hope vote for cloture. The Senator from agree with me; that it might be a dis- there is not a delay. Following the vote South Carolina would vote for cloture. incentive in the future for well-quali- today, I hope we do invoke cloture, be- I would be interested in the view of the fied men and women who want to cause I think there has been more than Senator from Tennessee on this whole serve, who see a process that is dragged adequate time. Surely, there has been issue. out and allegations made and require- time on the floor when we have had Mr. ALEXANDER. I thank the Sen- ments for disclosure that frankly are hour after hour go by with no one who ator from Arizona. Probably the best not required. seeks to be recognized to speak. known function of the Senate—con- I note the presence of the majority I do hope that if the unanimous con- stitutional responsibility—is the right leader on the floor, so I would like to sent proposal is agreed to, there will be of advise and consent. We take it very filibuster for an hour or so. 60 votes today. But if not, then there seriously. Here that means we have to I yield to the majority leader. will be no alternative but to have the consider what happens. The Armed The PRESIDING OFFICER. The ma- vote when we come back. At that Services Committee, upon which I do jority leader. point, we would, of course, look for- not have a chance to serve, completed Mr. REID. Madam President, at the ward to the support, at least on clo- its consideration of Senator Hagel’s request of the Republicans, I ask unan- ture, of the three Senators who have nomination 2 days ago. Now it is before imous consent that at 4:15 today, the just spoken, our friends on the other the whole body. He is the President’s Senate proceed to vote on the motion side of the aisle. appointee. The President has a right to to invoke cloture on the Hagel nomina- That is the best we can hope for. But appoint people in whom he has con- tion; that the time until 4:15 be equally that is my hope. I will not object be- fidence. But we have a constitutional divided between the two leaders or cause of that. responsibility to consider the nominee. their designees. My designee is Senator Mr. MCCAIN. Madam President, re- A number of Republican Senators LEVIN. serving the right to object. I will not have questions, including the Senator The PRESIDING OFFICER. Is there object, I will just respond to my friend. from Arizona, the Senator from South objection? He is my dear friend. I did not note Carolina, that they would like to have Mr. LEVIN. Reserving the right to that sense of urgency for 3 months answered. I think they are entitled to object, I will not object because of the when John Tower’s nomination was that. I think if the shoe were on the assurances of my three friends from held in limbo by the then-majority

VerDate Mar 15 2010 01:49 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.051 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S740 CONGRESSIONAL RECORD — SENATE February 14, 2013 Democrats. The Secretary of Defense But we also understand there are things identification and engagement of ter- post was vacant at that time as well. worth going to war for, there are things rorist organizations, and his past rhet- So this is not the first time in history worth dying for. . . . When people are being oric about our allies. In response to a Secretary of Defense position has slaughtered at a rather considerable rate, these questions, he either assigned his- and genocide is occurring, and ethnic cleans- been vacant. ing is occurring, and people are being driven tory the task of judging the merit of Again, I hope we can get this re- from their homes. his past statements and positions or solved, move forward. I think the Sen- On and on. simply said: ator from Michigan, my friend, under- If I had an opportunity to edit that, like stands we can get this issue resolved on What do we do now? The geopolitical con- sequences, the humanitarian consequences many things I’ve said, I would—I would like the day we return from the recess. Cer- involved in this are great. to go back and change the words and the tainly, there are, I believe, sufficient meaning. He went on to say: votes to invoke cloture at that time. History isn’t likely to affirm Senator History has surely taught us that when Mr. LEVIN. If the Senator from Ari- Hagel’s declaration that the decision to zona would yield for 1 minute, I do not you defer the tough decisions, when you let the butchers continue and the tyrants and increase forces in order to wage a coun- believe Senator Tower was filibustered. dictators continue, it gets worse. And it has terinsurgency in Iraq, a decision that There was a delay in getting to that gotten worse with Milosevic. For 10 years helped prevent our losing that war, he vote. But I do not believe there was a we’ve dealt with him. Four wars he’s started. said was the most dangerous foreign requirement—I may be wrong on this. I Et cetera. policy blunder since Vietnam. do not believe there was a filibuster for I agreed with his statement at the It is quite obvious now that state- the Secretary of Defense nominee at time, and I still do. I think it applies ment was histrionic, woefully unin- that time, and many Secretary of De- with greater or equal force to Syria formed, and absurd. But I didn’t raise fense nominees have been approved in a today. I am not sure that Senator it at Senator Hagel’s hearing for the matter of days, just the way Senator Hagel believes that anymore. satisfaction of an ‘‘I told you so’’ mo- Kerry was approved in a matter of When America was attacked on Sep- ment, but to determine if Senator days. tember 11, 2001, Senator Hagel and I Hagel recognizes he was in error and, So circumstances differ nominee to urged a strong American response to more importantly, if that recognition nominee. I again will not object, based vanquish the enemies who attacked us, informs his judgment today. on the statements which we have heard beginning in Afghanistan. Two years I wanted to know if he had learned from my friends on the other side of later, President Bush decided the from his mistakes. Unfortunately, I am the aisle. United States may have to use force not confident that he has. After 2 Mr. MCCAIN. Madam President, I al- against Saddam Hussein in Iraq, and weeks of reviewing his record, my con- ways enjoy some exchanges with my then Senator Hagel and I voted to au- cerns about whether Senator Hagel is friend, the chairman. But the fact is, as thorize the use of force in Iraq. ready to serve as Secretary of Defense the chairman knows, that was delayed Senator Hagel and I were often to- have not diminished. and delayed and delayed. A new allega- gether in our criticism of the Bush ad- Nothing in Senator Hagel’s back- tion came in, it was delayed. A new al- ministration’s conduct of the war in ground indicates he would effectively legation came in, it was delayed. All Iraq. We both were disturbed by the ap- manage the Department of Defense. In those allegations turned out to be parent arrogance of then-Secretary of today’s unprecedented environment of false. I will not rewrite history any- Defense Donald Rumsfeld and his ab- fiscal uncertainty, ensuring that de- more, except to say it was one of the ject failure to respond to the clear fact fense investment decisions affecting an more shameful chapters, in my view, in that we were losing the war in Iraq on agency as massive and unwieldy as the the history of the Senate. the ground. Department of Defense do not ad- Again, I thank him. I am confident In August 2003 I urged President Bush versely impact our military readiness that within 1 week or so we will prob- to send more troops. The Senator from is enormously challenging. It requires ably have this vote completed. I do not South Carolina and I called for the res- that the Secretary have, as Secretary object to the unanimous consent re- ignation of the Secretary of Defense, Gates and Secretary Panetta had, a quest. and we wanted to change our strategy, proven track record of successfully The PRESIDING OFFICER. Without to replace military and civilian leaders managing large and complex organiza- objection, it is so ordered. who were failing in their responsibil- tions. Senator Hagel has no experience. Mr. MCCAIN. Madam President, how There are those of us who seek to cut much time remains on either side? ities. Senator Hagel, on the other hand, The PRESIDING OFFICER. There believed we should cut our losses and waste, fraud, and abuse from the De- will be 30 minutes on either side. withdraw from Iraq. partment of Defense. Senator Hagel Mr. MCCAIN. I yield myself 10 min- Since that time, Senator Hagel has seeks something else entirely—to cut utes. taken policy positions that I believe military capabilities that serve as The PRESIDING OFFICER. Without call into question the quality of his tools to ensure our continued engage- objection, it is so ordered. professional judgment on issues crit- ment throughout the world in support Mr. MCCAIN. For all the years that I ical to national defense. I am also con- of America’s interests and those of our have known Senator Hagel, I have cerned that Senator Hagel is ill-suited allies. known him to be an honorable man and to lead the 2.5 million uniformed mem- In the eyes of the President, at least, a patriot in this Chamber and else- bers of the Armed Services and to en- Senator Hagel, however, apparently is where—overseas, in the field of battle. sure the sound management of an agen- the right man to oversee the con- Senator Hagel has served this country cy that has an annual budget equal to tinuing drawdown of the Armed Serv- faithfully and with distinction. the 17th largest economy in the world. ices. Over the past 4 years, the admin- We have our differences. Senator Of all the responsibilities of govern- istration has pursued a program of de- Hagel was and remains my friend. ment, none is more fundamental than fense reductions that exceed those ex- There was a time when Senator Hagel providing for the Nation’s defense. We pected of a normal post-war drawdown, and I saw the world and America’s role must have the most qualified and able cuts that have begun to directly under- in it in much the same way. person for the position, and having mine U.S. global military power. Last When the Balkans were torn apart carefully reviewed Senator Hagel’s week, Secretary Panetta said people with mass atrocities and genocide, Sen- long public record, I find his nomina- would stand by and deliberately hurt ator Hagel and I stood together with tion wanting. this country in terms of our national Senators Bob Dole and Joe Lieberman Senator Hagel’s appearance before defense by letting sequestration take to lend bipartisan support to President the Senate Armed Services Committee place. Clinton in taking more forceful action failed to allay my concerns about his My doubts about Senator Hagel’s to end the slaughter. nomination. During the hearing he re- suitability extend beyond his prospec- In May 1999, Senator Hagel said on peatedly refused to give an assessment tive management of defense budgetary this very floor why the United States of his previous statements on issues resources. The North Koreans recently should intervene militarily in Kosovo: such as the troop surge in Iraq, the tested another nuclear weapon. Iraq is

VerDate Mar 15 2010 01:49 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.052 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S741 unraveling. The Iranians just rejected tions on the ground or the advice of record, I will not support his confirma- Vice President BIDEN’s proposal at the military commanders. tion. I say this with regret, but he is Munich Security Conference for one- Senator Hagel’s views on Iran are the wrong person at the worst time for on-one talks concerning nuclear weap- also profoundly troubling. Consider, for the job this day. We can and must do ons. Libya, Mali, Tunisia, and Egypt instance, his recent set of incorrect better. are in various states of unrest, for and confused responses to basic ques- I thank my colleagues. which we have no strategy. We are in tions about President Obama’s Iran I yield the floor. the most unsettled period since the end policy during his confirmation hearing The PRESIDING OFFICER. The Sen- of the Cold War, and I have serious con- last month, which one senior White ator from Michigan. cerns as to the quality of Senator House official rightfully described as Mr. LEVIN. Madam President, I yield Hagel’s professional judgment and the ‘‘somewhere between baffling and in- 5 minutes to the Senator from Florida. The PRESIDING OFFICER. The Sen- acuity of his views on critical areas of comprehensible.’’ ator from Florida. national security, including security in I am more deeply concerned by Sen- ator Hagel’s overall record on this Mr. NELSON. Madam President, I East Asia and the Middle East. wish to ask my colleagues to support His record on Iraq was particularly issue. the Hagel nomination. Let me just hit troubling. As I alluded to a moment The PRESIDING OFFICER. The Sen- ator’s time has expired. a couple of highlights. ago, in 2002 Senator Hagel voted to au- He volunteered to go into the Army thorize the use of force against Iraq. Mr. MCCAIN. Madam President, I ask for 2 additional minutes. during Vietnam. He was assigned to By 2006, his support for the war had di- Germany. He volunteered to go to Viet- minished. Mr. INHOFE. Reserving the right to object, may I ask how much time re- nam. After Republican losses in the 2006 His brother was assigned in one part midterm elections, the Senator wrote mains on our side? The PRESIDING OFFICER. There is of Vietnam, he in another. His brother an opinion piece for the Washington Tom and he asked to be in the same Post under the title ‘‘Leaving Iraq, 19 minutes remaining. Mr. INHOFE. I ask unanimous con- unit. While on patrol in the jungles at Honorably,’’ foreshadowing his opposi- night, his brother saved his life. On an- tion to the surge and advocating ‘‘a sent that the last two speakers on our side—the last would be me, the next to other patrol at night, he saved his phased troop withdrawal from Iraq.’’ brother’s life. He was wounded twice. When President Bush announced his last would be Senator GRAHAM—be given 5 minutes for Senator GRAHAM He was medevaced. He asked to go back decision to surge troops in 2007, Sen- into the fight. ator Hagel actively campaigned and 7 minutes for me. Mr. LEVIN. Reserving the right to He has served as Deputy Adminis- against it. trator of the Department of Veterans’ He voted in February 2007 in favor of object. The PRESIDING OFFICER. Without Affairs with a quarter of a million em- a bill expressing opposition to the objection—reserving the right to ob- ployees under his management. He rep- surge and later in favor of measures to ject. resented the State of Nebraska in the set a date certain for withdrawal of Mr. LEVIN. How much time remains Senate for 12 years. He coauthored the troops from Iraq, an equally bad policy. on our side? post-9/11 GI bill with Senator Webb. Senator Hagel wrote in his 2008 mem- The PRESIDING OFFICER. There is Out of uniform and away from Capitol oir, ‘‘America: Our Next Chapter’’ that 30 minutes remaining on each side. Hill, he has lead the USO. ‘‘history . . . will show’’ that his legis- Mr. LEVIN. I assume the 12 minutes This is exceptionally capable man, lative efforts to oppose the surge cor- the Senator referred to would be count- who is a patriot, has given extensive rectly framed the political matters at ed against their time? testimony to the Senate Armed Serv- issue at the time. The PRESIDING OFFICER. The Sen- ices Committee. He has cleared up the CARL LEVIN, on the other hand, said ator is correct. issues that have been asked over and in 2009: Is there objection? over, including one that was raised In considering whether or not to surge Mr. LEVIN. No objection. about his role in authoring the Global troops in Iraq . . . I think that history will The PRESIDING OFFICER. Without Zero report. First, the report didn’t show that President Bush reached the right objection, it is so ordered. decision. propose anything. It was, in the words The Senator from Arizona. specifically used in the front end of the Senator Hagel advocated the com- Mr. MCCAIN. Finally, Senator report, ‘‘illustrative,’’ proposing noth- plete withdrawal of U.S. forces from Hagel’s opposition to the use of sanc- ing but laying out different scenarios Iraq by 2007 rather than negotiating an tions, his apparent confusion about ad- and possibilities. There was nothing agreement for an enduring presence of ministration policies and its implica- that was proposed in a recommenda- U.S. forces. The President ultimately tions, and his apparent incomprehen- tion that we unilaterally disarm, re- did exactly what Senator Hagel rec- sion of the threat a nuclear-armed Iran duce the arsenal, or eliminate the ommended, reportedly against the ad- poses to international stability is triad. And that would especially be so vice of military leaders. In response to alarming and would cause other na- since another of the coauthors was written questions on this matter, Sen- tions to doubt the credibility of the General Cartwright, the former com- ator Hagel again stated that the com- President’s commitments. mander of U.S. Strategic Command and plete withdrawal of U.S. troops in Iraq Senator Hagel is an honorable man the eighth Vice Chairman of the Joint was the right call and asserted that who has sacrificed much and bravely Chiefs. Iraq is in a better place today because for our Nation. About his character and This is a critical time for national of it. That is another Orwellian state- love of country, there can be no doubt defense. It is a critical time for our ment. or debate. However, his positions on country. We need to get on and approve In fact, since the withdrawal of our the principal national security issues the nomination so he can get on with forces in 2011, the fragile political ac- facing our country—the Iranian nu- his duties as Secretary of Defense. commodation made possible by the clear program, the resurgent Islamist Madam President, I yield the floor. surge of 2007 has unraveled over the terrorist threat in North Africa and The PRESIDING OFFICER. The Sen- past year. Al-Qaida in Iraq is remobi- the Middle East, and, more broadly, ator from South Carolina. lizing. Iranian-backed Shiite militias whether we should maintain our abil- Mr. GRAHAM. Madam President, I are gaining strength. Meanwhile the ity to project strength in defense of our have 5 minutes. Would the Presiding country is on the brink of civil war as interests and allies’—indicate to me a Officer let me know when 4 minutes protests against the Maliki govern- disqualifying lack of professional judg- has elapsed. ment draw thousands, Iranian aircraft ment. Also, Senator Hagel’s complete The PRESIDING OFFICER. Yes. are flying over Iraq with weapons for lack of experience in running an enter- Mr. GRAHAM. Madam President, I Syria, and there are many other exam- prise of such size and complexity casts ask unanimous consent to have printed ples. Nevertheless, Senator Hagel is further doubt. in the RECORD an opinion piece by the equally quick to advocate full with- Therefore, despite my esteem for editorial board for the Washington drawal from Afghanistan despite condi- Senator Hagel, on the basis of his Post dated December 18, 2012.

VerDate Mar 15 2010 01:49 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.054 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S742 CONGRESSIONAL RECORD — SENATE February 14, 2013 There being no objection, the mate- for example, is a seasoned policymaker who left lane, the right lane, or the center rial was ordered to be printed in the understands how to manage the Pentagon lane, but I would say Senator Hagel’s RECORD, as follows: bureaucracy and where responsible cuts can statements and votes put him in a be made. She would bring welcome diversity league of his own. And that is why I [From the Washington Post, Dec. 18, 2012] as the nation’s first female defense sec- retary. will vote no. CHUCK HAGEL IS NOT THE RIGHT CHOICE FOR When it comes to Israel and his DEFENSE SECRETARY Mr. Hagel is an honorable man who served the country with distinction as a soldier in statement that ‘‘The Jewish lobby in- Former Senator Chuck Hagel, whom Presi- timidates a lot of people up here. I’m dent Obama is reportedly considering for de- Vietnam and who was respected by his fellow fense secretary, is a Republican who would senators. But Mr. Obama could make a bet- not an Israeli Senator, I’m a United offer a veneer of bipartisanship to the na- ter choice for defense secretary. States Senator,’’ Senator Hagel, to his tional security team. He would not, however, Mr. GRAHAM. This is an editorial credit, said that was inappropriate and move it toward the center, which is the about the nomination of Senator Hagel he apologized. But think for a minute usual role of such opposite-party nominees. to be Secretary of Defense. The Wash- how many of my colleagues would have On the contrary: Mr. Hagel’s stated positions ington Post said: said that. I asked him to name one on critical issues, ranging from defense Senator who has been intimidated, and spending to Iran, fall well to the left of those Mr. Hagel’s stated positions of critical issues ranging from defense spending to Iran he couldn’t name one. I asked him to pursued by Mr. Obama during his first name one policy we have enacted be- term—and place him near the fringe of the fall well to the left of those proposed by Mr. Senate that would be asked to confirm him. Obama during his first term and place him cause of the Jewish Israeli lobby, and The current secretary, Leon Panetta, has near the fringe of the Senate that would be he couldn’t name a policy. said the defense ‘‘sequester’’ cuts that Con- asked to confirm him. Now we find out today—and I don’t gress mandated to take effect Jan. 1 would The last line is: know if this has been verified, but it is have dire consequences for U.S. security. Mr. Mr. Hagel is an honorable man who served posted—that an aide of his reported Hagel took a very different position when the country with distinction as a soldier in that during a speech Senator Hagel asked about Mr. Panetta’s comment during a Vietnam and who was respected by his fellow gave several years ago he said the U.S. September 2011 interview with the Financial Senators, but Mr. Obama can make a better Department of State was an extension Times. ‘‘The Defense Department, I think in choice for defense secretary. of the Israeli Government. Now this is many ways, has been bloated,’’ he responded. ‘‘So I think the Pentagon needs to be pared That sort of sums up where I am: a showing a chip on one shoulder about down.’’ fine man. If it were about friendship, Israel—an unhealthy statement, to say While both Republicans and Democrats ac- there wouldn’t be a problem. This is the least, and I think patently false. cept that further cuts in defense may be in- about the times in which we live. And But it is unnerving to a guy like me, evitable, few have suggested that a reduction I want to echo the statements of the and I can only imagine what kind of on the scale of the sequester is responsible. Washington Post about him being out signal a statement such as that sends In congressional testimony delivered around of the mainstream. in these dangerous times. the same time as Mr. Hagel’s interview, We have had two hearings, and we On Iran he was one of two Senators members of the Joint Chiefs of Staff said the will have a couple of votes in the next to vote against renewing unilateral sequester would lead to ‘‘a severe and irre- U.S. sanctions against Iran and Libya versible impact on the Navy’s future,’’ ‘‘a week or so. I would say to my col- Marine Corps that’s below the end strength leagues regarding the cloture vote in 2001. He was one of twelve Senators to support even one major contingency’’ and today, they have every right to say who did not sign a letter asking the ‘‘an unacceptable level of strategic and oper- now is not the time to end the debate European Union to declare Hezbollah a ational risk’’ for the Army. about Senator Hagel. He was reported terrorist organization. He refused to Mr. Hagel was similarly isolated in his out of the committee at 5 o’clock Tues- designate the Iranian Revolutionary views about Iran during his time in the Sen- day. There are some legitimate ques- Guard as a terrorist organization in ate. He repeatedly voted against sanctions, tions and information we haven’t gath- 2007—— opposing even those aimed at the Iranian The PRESIDING OFFICER. The Sen- Revolutionary Guard Corps, which at the ered, and we should be able to have an opportunity to look at that, and people ator has 1 minute remaining. time was orchestrating devastating bomb at- Mr. GRAHAM. I thank the Presiding tacks against U.S. troops in Iraq. Mr. Hagel not already committed should have a Officer. While they were killing our argued that direct negotiations, rather than chance to review this information. So soldiers in Iraq. He refused to sign a sanctions, were the best means to alter the idea of waiting until after the letter to President George W. Bush, he Iran’s behavior. The Obama administration break makes eminent sense. I think we said, to engage in direct unconditional offered diplomacy but has turned to tough will be better informed regarding our sanctions as the only way to compel Iran to comprehensive talks with the Govern- decision. Debate should continue for at negotiate seriously. ment of Iran. He was for that, telling least that period of time. Mr. Obama has said that his policy is to Bush to do it unconditionally. He voted Senator Kerry was able to get out of prevent Iran from obtaining a nuclear weap- against comprehensive Iranian sanc- on and that containment is not an option. committee and to be voted on the same tions. Mr. Hagel has taken a different view, writing day because all of us felt comfortable He was one of two Senators who in a 2008 book that ‘‘the genie of nuclear with John Kerry, even though we may weapons is already out of the bottle, no mat- failed to sign a letter to President have disagreed with his politics. I be- Clinton showing unconditional support ter what Iran does.’’ The former senator lieve John Kerry is a good man. We are from Nebraska signed on to an op-ed in The for the State of Israel. Post this September that endorsed ‘‘keeping on opposite sides of the issues some- I would argue that this man’s record, all options on the table’’ for stopping Iran’s times when it comes to Iraq and ini- when it comes to Iran and Israel, and nuclear program. But Mr. Hagel has else- tially Syria, but I have always thought statements he has made, puts him well where expressed strong skepticism about the he was in the mainstream of the de- out of the mainstream. The Wash- use of force. bate. So he got 97 votes because we felt ington Post was right when they said We share that skepticism—but we also un- comfortable with him. You can tell he is on the fringe. And now is not the derstand that, during the next year or two, people on our side, and some others, time to have somebody on the fringe Mr. Obama may be forced to contemplate quite frankly, in the Democratic Party military action if Iran refuses to negotiate serving as Secretary of Defense when it or halt its uranium-enrichment program. He have expressed some discomfort. comes to Iran and Israel. For that rea- will need a defense secretary ready to sup- I would argue that after the hearing son, I will vote no. I will oppose cloture port and effectively implement such a deci- there is more discomfort than there because debate should continue. When sion. Perhaps Mr. Hagel would do so; perhaps was before the hearing. Senator INHOFE we get back, unless there is a real he would also, if installed at the Pentagon, and Senator LEVIN, we had a very good bombshell, I will vote for cloture and take a different view of defense spending. hearing, but to me it was unnerving, move on to his nomination. (Mr. Hagel declined through a spokesman to some of the things that came out of I yield the floor. speak to us about his views.) that hearing. The performance created What’s certain is that Mr. Obama has The PRESIDING OFFICER. The Sen- available other possible nominees who are more questions and doubts than it cre- ator from Michigan. considerably closer to the mainstream and ated confidence. Mr. LEVIN. Madam President, I yield to the president’s first-term policies. Former That is the question the Washington 5 minutes to the Senator from West undersecretary of defense Miche´le Flournoy, Post posed. It is one thing to be in the Virginia.

VerDate Mar 15 2010 04:18 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.057 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S743 The PRESIDING OFFICER. The Sen- life. You dealt with that all the time. And own company, created jobs, and cre- ator from West Virginia. there were a lot of guys who just didn’t pay ated opportunities. He was the Deputy Mr. MANCHIN. Madam President, I attention to it. They just—that’s just the Administrator of the Veterans’ Admin- am proud to support Chuck Hagel for way they were. And I, again, always felt bet- istration. He has run a large Federal ter if I was up front than maybe some others. Secretary of Defense. If Chuck can agency. Very seldom do people come make it through the jungles of Viet- Let me repeat that: Chuck Hagel al- into one of these positions having run nam, he can surely make it through ways felt better if he was up front, a Federal agency, or at least being the the bureaucracy of the Pentagon. where it was most dangerous. We live second in command. And he has been a America needs Chuck as its Sec- in dangerous times today and we need U.S. Senator. So he knows very well retary of Defense to bring our troops a man such as Chuck Hagel right now the procedures and the personalities home and to keep our military the who has seen the horrors of war and that are here in the U.S. Congress. strongest in the world. Sergeant Hagel will do all he can to prevent another To me, though, some of the most is an American hero. When so many generation from seeing them. compelling endorsements come from Americans were dodging the draft, he In my interactions with Chuck, I those who have actually done the job volunteered to serve in Vietnam. The have been struck by his honesty, his before. When Bob Gates and Bill Cohen draft board gave him the option to re- sincerity, and his commonsense ap- and Bill Perry stand up and say, this is turn to college, but Chuck refused. He proach. I know if he were still a sitting the person for the job, you have to be- said: U.S. Senator, we would probably be lieve that. These gentlemen have done great friends. That is because we come I think the best thing for me is to go in the the job for Republican Presidents and Army. It may not be the best thing for the from similar backgrounds and the same Democratic Presidents, and they have Army, but I think that’s the way to get all generation. He is like many Americans. done it with great distinction. this straightened out. I was the oldest of four He grew up in a working class, ‘‘salt of Then when you get somebody such as boys. My father [had] passed away, and I just the earth’’ family. In Chuck’s words, he Brent Scowcroft, who is, in my view, was not coming together the way I should was raised in Little Town, NE, where one of the most knowledgeable and au- come together. There was a war going on in the local legion club and the VFW hall thoritative voices in national security, Vietnam. I felt a sense of some responsi- were the centers of the universe. and was the National Security Adviser bility. So I said, ‘‘No. Let’s—let’s go. And so I could go on and on about Chuck to President George Herbert Walker I volunteered for the draft, went in the Army Bush—who also weighed in, along with and celebrated my 21st birthday down at Hagel, but let me say this in closing. White Sands Missile Range.’’ When I think about people and I go to Madeleine Albright—you have compel- ling, irrefutable evidence and testi- And Chuck didn’t serve in a safe bil- my little town in my community where mony from those who have done the let. When assigned to Germany, he pro- I grew up—in Farmington, WV—and I know Chuck grew up in a small town— job that Chuck Hagel can do the job. tested and asked to deploy to Vietnam. There has been a lot said and dis- So he volunteered for Vietnam and saw I can shake people’s hands and look them in the eye and they see me to my cussed as to whether he truly appre- the horrors of war as an infantry ser- ciates the relationship between the geant. soul. They know if I am sincere or I am telling the truth. And I want to say to United States and some of our closest Chuck and his younger brother Tom allies, particularly Israel. Here we have are the only known American brothers all of you that I have shaken Chuck Hagel’s hand. I have looked him in his the current Deputy Foreign Minister of to serve side by side in Vietnam. At Israel Danny Ayalon, who also serves different times, they risked their own eyes and I saw the soul of a good man, a man I want leading this country and as our Ambassador from Israel to the lives to save each other’s. At one point, United States, saying that he has met Tom frantically dressed a wound taking care of our youth, our infantry, our men and women in uniform. So I him, he feels, in his view—and I will around Chuck’s chest hoping, praying, paraphrase—he has a true under- that his older brother would make it implore all of my colleagues to con- sider voting for Chuck Hagel. standing of the natural partnership be- out of Vietnam alive. And Chuck even- tween the United States and Israel. tually returned the favor by dragging The PRESIDING OFFICER. The Sen- ator from Rhode Island. Again, that is compelling evidence. Tom out of a burning vehicle just be- If you add to that the unconditional fore it exploded, saving his brother’s Mr. REED. Madam President, par- liamentary inquiry: How much time re- endorsement of several former U.S. life. Talk about brothers in arms, these Ambassadors to Israel, American patri- mains on each side? were real brothers in arms. ots who have dedicated themselves to The PRESIDING OFFICER. The These experiences made Chuck who maintaining a strong, vital, vibrant, Democrats have 22 minutes and the Re- he is, and they help you and me under- and crucial relationship for both the publicans have 12 minutes. stand why he is the right man to run State of Israel and the United States, Mr. REED. Madam President, I yield the Pentagon and to be put in charge of the evidence accumulates more and myself 5 minutes. defending America. Just listen to how more that the President has chosen As so many of my colleagues have de- Chuck describes what it was like to well and wisely. scribed, Chuck Hagel is a soldier, a serve in Vietnam. He says: This is a critical time. We are look- statesman, a businessman, a patriot. ing at conflicts in Afghanistan, we are I walked a lot of point, and my brother As my colleague from West Virginia Tom and I together walked a lot of point, looking at a nuclear detonation on the which was all right. You know what happens pointed out, he could have chosen a Korean peninsula, we are looking at to a lot of point men, but I always felt a lit- much easier path in the 1960s, a path budget problems that have never faced tle better if I was up front than somebody that many trod, but he chose the most any previous Secretary of Defense and else. difficult. He not only joined the Army, that have to be addressed within days Chuck is willing to walk point for but he volunteered for Vietnam, when or weeks. There is a ministerial meet- America now. He has been walking he had the opportunity to serve honor- ing next week in Brussels for our de- point for most of his life. This is how ably and well in Europe. He joined his fense ministers. We have to maintain Chuck describes a point man: brother at Fort Dix. He knows the pres- our alliances. All these forces come to- A point man, as I think most people know, sures our men and women face. And he gether. is the individual who is out front. And these knows the decisions we make here, and So I think the evidence is over- are usually squad-sized patrols, sometimes a the decisions that are made in the Pen- whelming. The President has chosen company-sized patrol, depending on the mis- tagon, ultimately are carried out by well and wisely. sion. And you have the front—physically the those young men and women in uni- But let me make one final point. This front position, but also the responsibility of form. In fact, I can’t think of anyone is a historic vote. By my recollection, essentially not walking your squad or your over the last several decades who has no nominee for the Secretary of De- company into an ambush or a trap. So you learned that lesson so well. had to be very, very focused on the periph- fense has been defeated, delayed, or eral vision and the antenna and just the The other thing that is so impressive dismissed on a procedural vote. sense and the instincts that something is that this is not a one-dimensional re- Our history suggests, because of this doesn’t look right or grenades hanging in sume. Chuck Hagel was a businessman, office, because it is one so closely asso- trees, which booby traps were just a way of and very successful. He founded his ciated with the President making life-

VerDate Mar 15 2010 01:49 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.058 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S744 CONGRESSIONAL RECORD — SENATE February 14, 2013 and-death decisions, that deference is tirely within his own control; requests for cratic President of the United States, given to that choice—at least that it is additional disclosure on foreign funds that and then we have HARRY REID, who is not caught up in a procedural battle, he may have received indirectly, and wheth- the majority leader, so the Democrats that there is an up-or-down vote. My er any such foreign funds raise conflicts of are in control. During the last Bush ad- interest; requests for a complete list of his colleagues, in good faith, after careful prior public speeches, notably multiple ministration, we had exactly the re- study, can vote yea or nay, but to de- speeches on controversial topics have been verse. George Bush was President of feat someone on a procedural vote made public by the press, despite those the United States and a Republican, would be unprecedented and unwar- speeches having been omitted from his own and the Democrats were in the minor- ranted. As a result, I would urge that disclosures; and a critical request from the ity—the same situation. this procedural motion before us be Administration regarding additional infor- So what happened? First of all, we carried, cloture be dispensed with, and mation about the precise actions taken on had John Vogel come up. It was the we can get on to expressing our true September 11, 2012, during and immediately same thing—subjected to a 60-vote following the tragic murder of four Ameri- feelings based on the evidence and cans in Benghazi. margin. We had Senator Dirk Kemp- based on our best judgment of whether I believe that to date, responses to these thorne. There were a lot of people who Senator Hagel should serve as Sec- requests are insufficient. Very few positions did not approve of him. He was nomi- retary of Defense. have as great an impact on national security nated by President Bush, a Republican, Madam President, I yield the floor. as does the Secretary of Defense and it is our and the Democrats didn’t like him. The PRESIDING OFFICER. The Sen- responsibility to ensure that those nomi- They subjected him to a 60-vote mar- ator from Oklahoma. nated to serve in this critical position are gin. That wasn’t a filibuster then. This Mr. INHOFE. Mr. President, my col- held to the highest standards. isn’t a filibuster today. I am prepared to move forward on Senator league, Senator CRUZ, is ill and unable Hagel’s nomination in a timely manner, but People are trying to blame me as the to speak on this nomination. He has, I do not believe the Senate should vote on bad guy who is causing a filibuster. however, expressed his concerns to me that nomination unless and until he provides That is not the case at all, any more in the form of a letter. I appreciate his adequate disclosure in response to these re- than it was the case back in 2005, 2006, contributions to this debate through- quests. and other times when we had a nomi- out the committee process. Sincerely, nee who was put forth by President I ask unanimous consent the letter TED CRUZ. Bush who was objected to by the Demo- be printed in the RECORD. Mr. INHOFE. Madam President, let crats. There being no objection, the mate- me start off by saying that I agree with When Dirk Kempthorne was nomi- rial was ordered to be printed in the almost everything they have said on nated to be the Secretary of Interior, RECORD as follows: both sides about Chuck Hagel. I agree there was a lot of opposition to him by U.S. SENATE, that he was a hero. I think of my own the Democrats. Of course they said: We February 14, 2013. Army career and I think of his and how have to subject him to a 60-vote thresh- Senator JAMES INHOFE, much greater his was. That isn’t the old. The Secretary of the Interior is a Russell Senate Office Building, issue. Cabinet position, but they seem to be Washington, DC. I think both Senator GRAHAM and DEAR SENATOR INHOFE: I continue to have drawing a distinction, for some reason, considerable concerns with the unnecessary Senator MCCAIN said it very well. Yes, between the Secretary of Defense and rush to force through a vote on Chuck his character is wonderful. We love the any other Cabinet positions. As Cabi- Hagel’s nomination before he has adequately guy. He served his country. All of those net positions, they are the same. And responded to multiple requests from mem- things are true. The problem is the the process of requiring a 60-vote bers of the Armed Services Committee for stances he has taken regarding Israel threshold happens over and over again. additional information. and countries like Iran. Israel has his- Senator ROB PORTMAN—the same Our requests directly relate to matters he would have significant influence over as our torically been a very, very close ally of thing happened to him when he was ap- nation’s Secretary of Defense and are based ours and, I have often said, our only pointed by President Bush to be the on his alarming record on foreign policy true ally in the Middle East we can U.S. Trade Representative. The cloture matters. For instance, Sen. Hagel has re- count on. But we need to take a close motion was vitiated later on, but it peatedly declined to support measures to look at Senator Hagel and how he was objected to first so that he would crack down on state sponsors of terrorism, would act, judging from his past per- have been subjected to a 60-vote belittled the notion of using any means to formance, as the Secretary of Defense. threshold. prevent a nuclear Iran, advised U.S. leaders The vote that is coming up at 4:15 is One that is kind of interesting is Ste- to engage in direct negotiations with rogue the vote for or against Senator Hagel. phen Johnson. President Bush ap- nations and hostile terrorist groups, and ex- pressed remarkable antagonism towards the All of this talk about a procedural vote pointed him to be the EPA Adminis- longstanding U.S. alliance with Israel. More- and filibustering: no. This is the vote trator. Actually, he was a guy whom I over, these are all positions he’s disavowed to determine whether Chuck Hagel thought a lot of, and he was a Demo- since his nomination. should be the next Secretary of De- crat. So we have here President Bush, These deeply concerning positions right- fense. a Republican, appointing a Democrat fully raise the question of what conflicts of This statement about filibustering who was objected to by the Democrats. interest could exist as a result of financial has been made over and over again. Now we have President Obama, a Dem- compensation he has received in the recent past. Under the Senate’s responsibility to ad- They say this the first time this has ocrat, nominating a Republican who is vise and consent on nominations, it is com- ever happened. Look, we have people objected to by the Republicans. It is pletely appropriate to make these requests nominated all the time for Cabinet po- exactly the reverse. There is no dif- for disclosure—requests that are absolutely sitions who are subjected to a 60-vote ference at all. relevant to the role of our nation’s Secretary threshold. I will describe some of them I am the ranking member of the of Defense. Several senators, who currently right now, starting on the Republican’s Armed Services Committee. I will oppose such requests for information, con- side: stand up and walk through fire to tradict their own past statements that af- Kathleen Sebelius is now the Sec- make sure every member of the com- firm the importance of disclosures related to retary of Health and Human Services. mittee has all their questions an- executive branch nominations. In a February 6 letter, 25 senators, includ- In 2009 there were a lot of people who swered. That is what advice and con- ing every Republican on the Senate Armed didn’t think she would be good, and so sent is all about. We want to look at Services Committee and both the Minority they objected to force a 60-vote thresh- the individual. In the case of our com- Leader and the Whip, agreed that neither the old. That is what happened. mittee, we want to make sure every Committee nor the full Senate has sufficient John Bryson was up for Secretary of member of the Committee has a chance information to assess Sen. Hagel’s nomina- Commerce. I didn’t think he would to look at the process and make sure tion. make a very good Secretary of Com- In order to have sufficient information, we everything is out there. have submitted several requests. This in- merce. I opposed him, and he was sub- This is kind of a funny thing. The cludes requests for disclosure on the personal jected to the 60-vote margin. distinguished junior Senator from compensation that he has received in the Here is the interesting thing. Today Texas, Mr. CRUZ, lost his voice. For a last five years—information which is en- we have Barack Obama, who is a Demo- Senator to lose his voice—what worse

VerDate Mar 15 2010 01:49 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.060 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S745 can happen than that? So he is not able Mr. DURBIN. Madam President, this like to appoint a Secretary of Defense, to speak, but if he could, I believe he is rare. Twice in the history of the Sen- but we have to make a political point would say: It is not so much my con- ate have we had a filibuster involving a here today. We have to vote against cern, the issues that have been articu- nominee for a Cabinet position—twice. him today and put it off for 10 days, lated by Senator MCCAIN and by Sen- But especially disappointing about and then we may reconsider it again. ator GRAHAM. My concern is about the this is that it was just a few weeks ago God forbid something awful occurs in process. that we came together on a bipartisan the next 10 days. I hope it doesn’t. Madam President, I give myself 3 ad- basis and we said: We are not going to There are still good people at the ditional minutes. do this anymore. We are going to try to Pentagon, and I am sure they will do a The fact is this new member of the work together. We are going to try to good job, but we should have that Sec- committee, a new Member of the Sen- avoid these filibusters. And here we retary of Defense—one of the most crit- ate, knew he was entitled to have all have, sadly, a historic filibuster over ical appointments in the President’s his questions answered. He has tried an appointment of a former Senator— Cabinet—filled. This notion that we now for weeks. He was stonewalled. He Chuck Hagel, a Republican of Ne- have to make a political stand here and can’t get them. So this is about the braska—as Secretary of Defense. stop Chuck Hagel today to make some process. Senator CRUZ is not making I know there is controversy associ- political point really troubles me. any accusations. He says: I just want ated with his nomination, but I also Some of the requests for information the information I have asked for. know Chuck Hagel. I served on the about Chuck Hagel go beyond any of I have the utmost respect for CARL Senate Intelligence Committee with the standards of disclosure we have LEVIN. He and I, despite what the him. We served together in the Senate. ever seen before. This isn’t fair. It isn’t media wishes, get along great. I love There is no question in my mind that fair to Chuck Hagel. It isn’t fair to the the guy. We disagree now and then on the President made a good choice. President. It certainly isn’t fair to the policy, but I really like him. I will also tell you that you need to men and women in uniform all across The other day, CARL LEVIN said: know a little bit about the man to un- the United States and around the world Every member, every member should add derstand why it is a historic choice. who are risking their lives for this his or her voice to the demand for the pro- Chuck Hagel volunteered and enlisted country. duction of relevant documents which Sen- in the U.S. Army during the Vietnam Those who come to the floor and say ators need to decide on confirmation or for era. That was not a casual decision. any other legitimate reason. that in 10 days, he will be fine, for That was a time when enlisting in the goodness’ sake, swallow your pride. I agree wholeheartedly with that, Army meant you might risk your life. Let’s make sure we vote for him today. and that is exactly what these individ- He lucked out; he got stationed in a Let’s fill this spot. Let’s not have this uals are asking for. They are asking for theater that wasn’t at war. But what sad historic filibuster on this appoint- that information. does he do next? He volunteered to go ment to the President’s Cabinet. Senator CRUZ is very articulate. I re- to Vietnam. He volunteered as an en- I really hope my colleagues will re- gret that he lost his voice today. listed man to go to Vietnam. And he In the past, every time the minority flect on what Chuck Hagel has meant went there—with his brother, inciden- has objected and has wanted as a mat- in his life, his service to the country, tally, the two of them—to serve in the ter of procedure, to have a 60-vote mar- his service to the State of Nebraska, U.S. Army. He was involved directly in gin, that is what has happened. It has and his service to this Nation as a Sen- combat, was given the Purple Heart for happened with a consent agreement. I ator. He is a good man, and he will do his service, and he told me personally asked for that, and I think we have a good job in the Department of De- about days he will never forget as long that now, but we had to force it. fense. I trust the President’s judgment. This is not a filibuster. It is the same as he lives. So does Chuck Hagel know For anyone who thinks they are thing that was required and requested what it takes to be a soldier? Does he making a political point in order to know what it takes to lead the Depart- kind of show the President that we can by HARRY REID, back when he was the minority leader, against John Bolton, ment of Defense? He certainly does. still filibuster, I remind them it was I served on the Senate Intelligence just a few weeks ago that we stood on against Stephen Johnson, against ROB- Committee with him. I know his feel- the floor of the Senate and said we ERT PORTMAN, and against Dirk Kemp- ings on the issues. And when I listen to thorne. This is a normal way of oper- were going to be more thoughtful how some of his positions have been ating. about the use of the filibuster in the A lot of us still don’t have the infor- distorted, I find it hard to believe. future; we were going to be more care- Chuck Hagel was a conservative Re- mation we want, but I am willing and ful that we don’t politicize it. Unfortu- publican Senator and an honest man of they are willing. I have checked with nately, what is happening today is a se- integrity. And some of the things that the people who have not gotten all the rious disappointment. have been said about him, some of the information they want. They said: I yield the floor. charges that have been made in the Let’s go ahead and have the vote. So, Mrs. BOXER. Mr. President, may I course of the Armed Services Com- in a way, are they caving in? In fact, ask the Senator, through the Chair, a mittee were just embarrassing, to they are just doing all they can to be question? think that colleagues in the Senate conciliatory. I think we are doing ev- Mr. LEVIN. Mr. President, I would be would say that about a man they knew erything we can. We are not filibus- happy to yield time to the Senator and served with personally, or they tering, and we don’t want to string this from California. How much time does should have known better than to say. out. the Senator wish? I repeat one last time that this vote That is why we are here today. Mrs. BOXER. Whatever my friend The sad reality is that I have listened is the vote on Chuck Hagel. It is not on wishes. to many Republican Senators who are procedure or anything else. It is a vote Mr. LEVIN. I will yield 2 minutes to not going to vote for Chuck Hagel on Chuck Hagel. the Senator. Madam President, I retain the re- come up here and talk about how im- The PRESIDING OFFICER. The Sen- mainder of my time. portant it is to fill this position. The ator from California. The PRESIDING OFFICER. The Sen- North Koreans detonated nuclear de- Mrs. BOXER. Mr. President, I am ator from Michigan. vices this week and raised concerns all glad we are voting today on the Presi- Mr. LEVIN. Madam President, how over that part of the world and beyond. dent’s choice for Secretary of Defense, much time does the majority have? We know what is going on in the Mid- our former colleague, Chuck Hagel. I The PRESIDING OFFICER. There is dle East, in Syria and other places. We stand here as a Senator who has had a 17 minutes remaining for the majority still have 68,000-plus American soldiers number of questions as well about and 3 minutes for the minority. who are literally risking their lives— some of the things he said in the past, Mr. LEVIN. Madam President, I yield while we meet in the comfort and secu- some of the votes he has cast, and some 5 minutes to the Senator from Illinois. rity of the Senate Chamber—in Af- of his philosophy. And what I did, as The PRESIDING OFFICER. The Sen- ghanistan. They are risking their lives, soon as I learned he was the Presi- ator from Illinois. and we are saying: Well, we would sure dent’s pick, was to ask those questions.

VerDate Mar 15 2010 02:30 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.075 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S746 CONGRESSIONAL RECORD — SENATE February 14, 2013 Remember the President is the Com- As the facts became available, those Member should add his or her voice to mander in Chief. This is a critical ap- facts came right out. Why are we try- the demand for the production of rel- pointment. It has to be someone he has ing to stop this good man because of evant documents which Senators need faith in, puts his trust in, and he something he had nothing to do with? to decide on confirmation. I agree with picked someone. He picked a brave In closing, I hope if you are on the that. What we object to is the process hero who served in Vietnam. fence, you will vote today for Chuck where we have Members who have So I wrote all my questions down, Hagel, and a ‘‘yes’’ vote on cloture. made requests for information that is and believe me, they covered some Mr. INHOFE. Parliamentary inquiry. relevant to this appointment, and they tough ground on women’s rights, gay The PRESIDING OFFICER. The Sen- have been unable to receive that infor- rights, Iran, and Israel. There were a ator from Oklahoma. mation. So it is a process. number of questions. I asked if it would Mr. INHOFE. Parliamentary inquiry As the ranking minority on the Sen- be all right if when the answers came before the clock starts: I understand ate Armed Services Committee, I will we could put them online so people we have 3 minutes left on our side. How stand up for the rights of every single could see the answers. The answer that many minutes are left on the majority minority member of that committee. came back was absolutely yes. The an- side? Senator LEVIN would do the same thing swers to my questions were very clear The PRESIDING OFFICER. The ma- and stand up for the rights of every and very strong. jority has 7 minutes 15 seconds. majority member of that committee in Senator Hagel has evolved on certain Mr. INHOFE. I don’t see anyone seek- this process. issues. He admitted to a mistake on a ing recognition, so I will go ahead and I thank the Chair. couple. That is the hardest thing for take the last 3 minutes. The PRESIDING OFFICER (Mr. any politician to admit. There are four First of all, it is very interesting COONS). The Senator from Michigan. words politicians hate to say, ‘‘I made that all of those on the other side who Mr. LEVIN. I yield myself the re- a mistake.’’ He admitted to that on a are supporting Senator Hagel to be the mainder of the time. couple of issues. next Secretary of Defense, not one of First of all, the questions which have I just think the way he is being them has said anything at all about been asked of us to provide materials treated is so sad. It is so sad. When I the issues. They all talk about the of the nominee have fallen into three watch some of the questioning from my things with which we agree. He was a categories: The first one is to the colleagues—not all of them, a couple of hero; we said it. Senator MCCAIN said it White House about Benghazi, and those them, and I am not referring to my and Senator GRAHAM said it. We all questions have been answered. There dear friend, Senator INHOFE—it was agree he was a hero in the war, and he have been requests for Senator Hagel’s reminiscent of a different time and is deserving of this type of thing. speeches, and those speeches have been place when someone would say: I have Why is it that no one has mentioned provided. Relative to financial disclo- here in my pocket a speech that you that Senator Hagel is one of only two sure, additional financial disclosure, made on such-and-such a date—and, of Senators who voted against sanctions disclosure which is required by the course, nothing was in the pocket. It against Iran? Why is it they don’t men- rules, that has been provided. was reminiscent of some bad times. tion that he was one of only four—in The statement that was made by one I am so glad we are voting today. I fact, all of them in the Majority signed of our colleagues about Corsair Capital know it is going to be a close vote. I a letter for solidarity with Israel. Sen- is a statement which, frankly, is out of don’t know what the outcome will be. I ator Hagel was one of four Senators bounds. It is inappropriate for anyone do believe eventually this good man who didn’t sign that letter of solidarity to be asked about that when he is an will be the Secretary of Defense. I be- for Israel. The same thing with declar- adviser to a perfectly legitimate equity lieve that in my heart. If anyone is ing the Iranian Revolutionary Guard as fund and has perfectly legitimate mem- still undecided on this vote, let’s un- a terrorist group. He was one of only bers on the board. There is no evi- derstand that never in history have we four Senators who did that. dence—and the person making the in- had a 60-vote requirement—to my I would only say this is not a fili- nuendo acknowledged that there is no knowledge—for a nominee for Sec- buster. Everybody knows it is not a fil- retary of Defense. If I am wrong, I hope evidence—that the funding came from ibuster. I hope the media is listening: to be corrected. There is a reason for Saudi Arabia, Iran, or any other inap- This is not a filibuster. This is the it. propriate place. Lord knows I was one of the key same process that was required by the So as for the information that has voices of dissent on the Iraq war, and I Democrats in the case of John Bolton, been provided, it is probably more in- was not happy about a lot of the people in the case of Steve Johnson, in the formation than probably any nomi- who were put into place by George W. case of ROB PORTMAN, and in the case nee—at least in recent memory—has Bush. Believe me, I didn’t want to see of Dirk Kempthorne. It is a prerogative had to provide. We have done every- them continue in those positions. I of the Senate. It is not a filibuster. We thing we possibly can. think they led us astray in Iraq, and it merely want a 60-vote margin. We re- Now in terms of the qualifications for led to so many thousands of deaths. ceived it in all of those cases. Senator Hagel, this comes from former However, I never dreamed of requiring I commented earlier that when we Secretaries of State, National Security a 60-vote majority. In my view, this is had a Republican in the White House Advisers, National Secretaries of De- not a good day for the Senate. and a Democratic majority in the Sen- fense, including Secretary of State I know my friend, Senator INHOFE, is ate they made that same requirement. Albright, National Security Adviser very sincere. I am on the Foreign Rela- I was here in the Senate for all four of Berger, Secretary of Defense Brown, tions Committee; I am a senior mem- them. I never objected to requiring a National Security Adviser Brezezinski, ber of that committee. We have lis- 60-vote threshold. Secretary of Defense Cohen, Secretary tened to the State Department on Then, of course, we had a 60-vote of Defense Gates, National Security Benghazi. We have had briefings and threshold for the nomination of Kath- Adviser Jones, Secretary of Defense hearings and answers came in. We had leen Sebelius, who is serving now in a Laird, National Security Adviser secret briefings that were highly classi- Cabinet position. The same thing. This McFarlane, Secretary of Defense Perry, fied. We had open hearings—I would is a Cabinet position. We had the Sec- Secretary of State and National Secu- ask for 30 seconds. retary of Commerce, John Bryson. I ob- rity Adviser Powell, Secretary of State The PRESIDING OFFICER. Without jected to him. He passed the 60-vote Schultz, and National Security Adviser objection, it is so ordered. margin. The only issue is the 60-vote Scowcroft. Mrs. BOXER. I have to say, what margin, and that is what we are talk- This is what they said, and this is the more are you trying to get out of this? ing about. It is not a filibuster. validation: We, obviously, know Sen- Benghazi was a crisis. It was a disaster. The last thing I will do is read—since ator Hagel. We trust Senator Hagel. We It was terrible. There should have been our last speaker is my very good friend believe in his qualifications. more security there, but don’t blame and chairman of the committee—what These people are Democrats and Re- the brave Americans for it. Blame the he said the other day. I wholeheartedly publicans who are outside of this body, terrorists who did this. agreed with him when he said every and here is what they say: From his

VerDate Mar 15 2010 02:30 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.062 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S747 time as the Deputy Veterans’ Adminis- this ever happened in history? Not for Mr. HATCH (when his name was trator managing a quarter of a million a nominee for the Defense Department, called). Present. employees, to during the Reagan Presi- no; Secretary of Defense, no. For other Mr. CORNYN. The following Senator dency, to turning around the finan- Cabinet officers, there have been in the is necessarily absent: the Senator from cially troubled World USO, to shep- past requirements set by opponents Louisiana (Mr. VITTER). herding the post-9/11 GI bill into law as that to stop talking we are going to The PRESIDING OFFICER. Are there a United States Senator, and most re- have to get 60 votes. But that only any other Senators in the Chamber de- cently through his service on the De- means what the rules say it means, siring to vote? fense Policy Board at the Pentagon and which is that under the rules of this The yeas and nays resulted—yeas 58, as cochairman of the President’s Intel- body, conversation or debate does not nays 40, as follows: ligence Advisory Board, Chuck Hagel is end if the opponents insist on it until [Rollcall Vote No. 21 Ex.] uniquely qualified to meet the chal- there are 60 votes. That is the defini- YEAS—58 lenges facing the Department of De- tion of a filibuster and that is what I Baldwin Hagan Murphy fense. hope we could bring to an end today. If Baucus Harkin Murray I have already put into the RECORD we don’t bring it to an end today, then Begich Heinrich Nelson Bennet many of the statements that have been there will be another vote a week from Heitkamp Pryor Blumenthal Hirono Reed written by veterans organizations in Tuesday. Boxer Johanns Rockefeller support of Senator Hagel. I hope we don’t have to do that. This Brown Johnson (SD) Sanders Senator INHOFE said when no one position is too important. The dangers Cantwell Kaine Schatz Cardin King Schumer talks about his position on Iran, well, in this world are too severe to leave Carper Klobuchar Shaheen yes, we do. Here is what he says: this position in this ambiguous state Casey Landrieu Stabenow Iran poses a significant threat to the between now and a week from Tuesday, Cochran Lautenberg Collins Leahy Tester United States, our allies and partners, and or whenever the final vote on approval Coons Levin Udall (CO) our interests in the region and globally. Iran of this nomination is. The world is too Cowan Manchin Udall (NM) continues to pursue an illicit nuclear pro- dangerous to have this period of uncer- Donnelly McCaskill Warner gram that threatens to provoke a regional tainty. There is no need for it. We have Durbin Menendez Warren Feinstein Merkley Whitehouse arms race and undermine the global non-pro- provided the documents which have liferation regime. Franken Mikulski Wyden been required. The information rel- Gillibrand Murkowski He is fully committed to the Presi- ative to the financial situation of Sen- NAYS—40 dent’s goal of preventing Iran from ob- ator Hagel has been provided. It is time Alexander Fischer Paul taining a nuclear weapon. All options for us now to bring the debate to an must be on the table to achieve that Ayotte Flake Portman end, require 60 votes and then, hope- Barrasso Graham Reid goal. And relative to Israel, he has said fully, if we can get 60 votes today, then Blunt Grassley Risch he is a strong supporter of Israel. Even vote on the final approval of this nomi- Boozman Heller Roberts more importantly, the Deputy Minister Burr Hoeven Rubio nee. But, again, if 60 votes aren’t there Chambliss Inhofe of Israel said he is a good friend of Scott today, the majority leader has made it Coats Isakson Sessions Coburn Johnson (WI) Israel, and, indeed, in the words of clear he will then, of course, reconsider Shelby Corker Kirk Danny Ayalone, said he believes—and I Thune the cloture motion for a week from Cornyn Lee Toomey am now talking about Senator Hagel— Tuesday. Either way, it is critically Crapo McCain Wicker Hagel believes in the natural partner- important that Senator Hagel’s con- Cruz McConnell ship between Israel and the United firmation take place and that we fill Enzi Moran States and is proud of the volume of this position of Secretary of Defense. ANSWERED ‘‘PRESENT’’—1 defense relations between Israel and Mr. President, I don’t know if there Hatch the United States which are so impor- is any time left but, if so, I yield it tant to both countries. NOT VOTING—1 back. Vitter Now the only question that remains The PRESIDING OFFICER. All time is what we are voting on. What we are has expired. Mr. REID. Mr. President, I enter a voting on is to end the filibuster. My Under the previous order and pursu- motion to reconsider the vote by which good friend from Oklahoma says it is ant to rule XXII, the Chair lays before cloture was not invoked. not a filibuster, but the definition of the Senate the pending cloture motion, The PRESIDING OFFICER. The mo- ‘‘filibuster,’’ under our rules, is you are which the clerk will state. tion is entered. going to continue to talk unless there The bill clerk read as follows: VOTE EXPLANATION are 60 votes to end debate. That is what CLOTURE MOTION Mr. VITTER. Mr. President, I could we are voting on. It is called cloture. We, the undersigned Senators, in accord- not participate in this Hagel nomina- If we get cloture today, then there ance with the provisions of rule XXII of the tion cloture vote because I had to re- will be another vote on the nomination Standing Rules of the Senate, hereby move turn to Louisiana to attend a funeral. of Senator Hagel. The proof of that is to bring to a close debate on the nomination Had I been present, I would have voted that we have three Republican Sen- of Charles Timothy Hagel, of Nebraska, to be no for two reasons. ators who stood up today and said that Secretary of Defense. First, I would like to state for the Harry Reid, Patrick J. Leahy, Sheldon while they are going to vote against RECORD that I believe this process has cloture today, they are going to vote Whitehouse, Barbara Boxer, Al Franken, Christopher A. Coons, Jack been rushed and that very reasonable for cloture a week from this Tuesday. Reed, Carl Levin, Kirsten E. Gillibrand, Member requests for information have That is a procedural vote if I ever Claire McCaskill, Robert P. Casey, Jr., been denied. heard it. They are still going to vote Richard Blumenthal, Tom Harkin, Secondly, I oppose the nomination on against his nomination, but they have Dianne Feinstein, Bill Nelson, Jeanne its substance in light of Senator decided that they will vote for cloture Shaheen, Sherrod Brown. Hagel’s long history of troublesome a week from Tuesday. That is the dif- The PRESIDING OFFICER. By unan- votes and comments regarding the de- ference between the vote to end debate imous consent, the mandatory quorum fense of Israel and related Middle East and the vote on the nomination itself. call has been waived. issues. What we are deciding here today is The question is, Is it the sense of the Mr. REID. Mr. President, this will be whether a filibuster will continue. Senate that debate on the nomination the last vote of the day. We will have That is not just me talking; that is the of Charles Timothy Hagel, of Nebraska, a vote Monday night and we will vote rules speaking. That is what the rules to be Secretary of Defense shall be again on this matter Tuesday morn- provide for, that we need 60 votes to brought to a close? ing—a week from Monday and Tuesday. end debate. The yeas and nays are mandatory I regret that Republican Senators, Has there ever been a requirement under the rule. except the valiant four, chose to fili- before by opponents of a nominee that The clerk will call the roll. buster the nomination of President there be 60 votes to end debate? Has The bill clerk called the roll. Obama’s nominee to be Secretary of

VerDate Mar 15 2010 04:18 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.063 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S748 CONGRESSIONAL RECORD — SENATE February 14, 2013 Defense. The Republicans have made I hope, I truly do hope nothing hap- which is now going to go into effect on an unfortunate choice to ratchet up pens during the next 10 days we will March 1. This is something which the the level of obstruction in Washington. not have a Secretary of Defense. We President himself said was not going to Just when you thought things could are not going to have one, and I hope happen. All of these are legitimate not get worse, it gets worse. nothing goes wrong and we will rue the areas of difference and areas of inquiry We need to have this vote today. day—more than just embarrassing the that could be accommodated, could Why? You know, in times like this, it President, the Senate, and the coun- have been accommodated without ne- is nice to have a Secretary of Defense, try—in not confirming the President’s cessity of this vote today. not a lameduck. We have a war going nomination of this good man from Ne- This was the majority leader’s on in Afghanistan. The war has been braska. choice, which was his prerogative, and going on for 10 years. The President an- The PRESIDING OFFICER. The Sen- the White House’s choice. We could nounced on Tuesday that half the ator from Texas. have done this differently. We could troops are going to be coming home. Mr. CORNYN. Mr. President, to my have worked this out, but that did not North Korea earlier this week tested knowledge we do have a Secretary of happen, unfortunately. a nuclear weapon. Just a couple Defense, and his name is Leon Panetta. The PRESIDING OFFICER. The ma- months ago, they tested a missile to It is my understanding that Mr. Pa- jority leader. deliver a warhead. They have said pub- netta is going to stay on the job, a job Mr. REID. Mr. President, this is not licly and very openly they want to he has done very well as Secretary of a filibuster. This is not a filibuster. I make sure they can reach the United Defense and as CIA director for the last would like to see what a filibuster is. States. several years. The majority leader This is the first time in the history of We have a conflict going on in Syria. knows full well the reason why cloture our country that a Secretary of De- It is a serious conflict. The Middle East was denied—or closing off debate was fense has been filibustered, filibustered is still in turmoil. Iran is threatening denied, because there are reasonable successfully and probably ever filibus- everyone, including us. We have a few requests being made on this side for ad- tered, and for all this, the statement things going on. There is a NATO de- ditional information. I hope and trust from my friend from Texas on a rant to fense meeting next week, where NATO information will be provided in the make sure he is OK on Israel. He wants Defense Ministers, including someone next few days. When we come back to make sure he is OK on Iran on this. We had hearings, not singularly but from the United States, whom we from the recess, we will have another plural. The Secretary of State came, hoped would have been the Secretary of vote and another opportunity for Sen- Defense, would attend that meeting. the Secretary of Defense. ators to express themselves. A couple of my Republican col- This has gone to the absurd. We were This is not any attempt to kill this leagues said: That does not matter. told by a number of Senators they nomination. This is not a filibuster. I Just have somebody else attend. would like a letter from the President’s What does that do to our standing in realize it is the headline the majority White House talking about what he did the world community? leader would like the newspapers to following Benghazi. Remember, We need a Secretary of Defense on write. Benghazi was debated at length in the the job. No one, no one knows, espe- We actually had some very reason- Presidential election. That is over, we cially any Senator, what foreign chal- able discussions going on earlier today thought. No, it is not over. lenge we will face in this country, per- among Senators on the Democratic The President said, OK, and he ad- haps within the next 10 days. It would side and the Republican side to try to hered to what he wanted and wrote in be nice if we had a Secretary of De- work this out, given the fact that this detail about calls he made right after fense. nomination has just been so recently the terrible occurrence in Benghazi and There is nothing that is going to reported from the Armed Services sent it to the chairman of the com- change in the next 10 days about the Committee, and to accommodate the mittee. We received reports back some qualifications of Chuck Hagel. reasonable request for Senators to re- of the Senators were offended because I served with Chuck Hagel. He is a ceive answers to their legitimate ques- the letter was sent to the chairman conservative Republican representing tions. We didn’t need to have this vote and not to them. This is all foolishness. the ultraliberal State of Nebraska. He today. We could have delayed it until People may say whatever they want served with distinction in the Senate after the recess. I am confident the to say, but we still have a Secretary of as a Senator. He served on the Foreign vote would have turned out differently. Defense. Leon Panetta gave his final Relations Committee, Armed Services The White House and the majority closing, ending; it was all over with his Committee, and Intelligence Com- leader were determined to have this speech yesterday. I am friendly with mittee. He is a man of quality and of vote in order to try to get a story in Leon Panetta. I have known him for 31 courage, not just being able to come the newspaper, one that misrepresents years. No one in the country has served and give a speech on the Senate floor. the nature of the objection on this side with more distinction than a Member During the Vietnam war, he volun- which, as I said, was a vote not to cut of Congress, chairman of the Budget teered to go into combat. That is what off debate because it was premature. Committee, head of the Office of Man- he chose to do because he thought it Reasonable requests for information agement and Budget, the President’s was the patriotic thing to do for his have not been accommodated by the Chief of Staff, head of the CIA, Sec- country, our country. His family felt nominee. retary of Defense. He wants to go to- that way. He and his brother went to- There are solid public policy dif- morrow, and yesterday he told every- gether. They didn’t go to push pencils, ferences between Members of this other body he was going home. they carried rifles; strapped to their side of the aisle and the nominee. Yes, we have a Secretary of Defense. sides, grenades. This is not about politics. This is not It is about as lame as a duck can be. He was wounded twice. He was an en- about personalities. It is about ques- How do you think the people in NATO listed man. He didn’t walk around or- tions such as whether Iran should be feel when, I don’t know who will go, I dering people to do things. People were allowed to get a nuclear weapon. guess Ash Carter or somebody will go, ordering him what to do—except when Should we have direct negotiations but we don’t have a Secretary of De- it came to his brother. He saved his with terrorist organizations such as fense. brother’s life in combat in Vietnam. Hezbollah and Hamas? I can’t imagine—as I said this morn- They are filibustering him. That is What is the official posture of the ing, I will just repeat, I guess to be able what they are doing. I am going to call U.S. Department of Defense and this to run for the Senate as a Republican Chuck Hagel when I finish and say I am administration relative to our best ally in most places in the country, you need sorry, sorry this is happening. I am in the Middle East, Israel? What would to have a resume that says: I helped fil- sorry for the President and I am sorry be the plan for the nominee should he ibuster one of the President’s nomi- for the country and I am sorry for you. be confirmed when it comes to dealing nees. Maybe that helps. Maybe that We are not going to give up on you. with steep cuts to the military that are keeps a tea party guy from running We are going to vote, as I said, Tues- going to come out of the sequester, against you. But this should not be pol- day, when we get back, in the morning. which was the President’s idea and itics. This should be substance, and

VerDate Mar 15 2010 02:30 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.067 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S749 there is nothing wrong with Chuck Senate 2 days ago—not 10 days ago, not ditions of the Senate. Such reasonable- Hagel. 15 days ago, not 30 days ago, 2 days ago. ness has been exercised by Democrats, The PRESIDING OFFICER. The Sen- Most of us aren’t on the Armed Serv- as well as Republicans throughout the ator from Tennessee. ices Committee. Are we not entitled, history of the Senate. Mr. ALEXANDER. Mr. President, are we not entitled to have more than Mr. President, I yield the floor. with all due respect to the majority 2 days to consider one of the most im- The PRESIDING OFFICER (Mr. leader, this was an unnecessary vote portant nominations the President has COWAN). The assistant majority leader. today. The majority leader said: What to make without having the distin- Mr. DURBIN. Mr. President, Senator is a filibuster? I can remember one that guished majority leader accuse us of a ALEXANDER is my friend. Sometimes wasn’t called a filibuster. I can remem- filibuster? What we do in this body is that word is thrown around the floor of ber when President Bush the first nom- debate. We debate issues. the Senate not very sincerely, but I inated a very noncontroversial Univer- In addition to that, there are a num- mean it and he knows it. And I respect sity of Tennessee president who had ber of people on the Republican side him very much. But I would say to the been Governor to be the Secretary of who have asked for information for Senator, there is no other way to de- Education of the United States about which they haven’t received answers scribe what we are going through than 20 years ago. yet. a filibuster. There was a Democratic Senate at In every one of those cases, those are A filibuster is, of course, an effort by the time, and the Senator from Ohio not requests I am interested in. They at least one Member of the Senate to decided he wanted more time to study will not produce answers I need to continue the debate and stop the vote the qualifications of the nominee from know. They may be outside the range on a matter, whether it is an amend- Tennessee. I was that nominee. of questions I think ought to be an- ment or a nomination. A cloture mo- I thought that was an extraordinary swered. tion—in other words, to close off the period of time. It was 87 days between After only 2 days of a nomination debate—is an effort to produce 60 votes the time President Bush announced my being on the floor, if Republican Sen- to overcome that Senator and to move nomination and the time the Senate ators have questions to ask and infor- to a vote, a final vote, on an amend- unanimously confirmed me. That was a mation to seek, they ought to be al- ment or a nomination. So by every Cabinet position. I went around to see lowed to do that. That is what this is Senate standard, by every definition, Senator Warren Rudman to see what I about. what we are facing with Senator Chuck should do. He said: You don’t have any What we have said—and the Demo- Hagel as a nominee for the Secretary of cards. You don’t do anything. The Sen- cratic leadership knows this—we have Defense is a filibuster. It is. And that is ate has the right to consider, with its talked in good faith through the morn- why the majority leader filed a motion constitutional prerogative of advice ing. We have suggested to have this de- for cloture. and consent, the nominees of the Presi- bate when we come back. Instead of 2 It is interesting to note that 59 Sen- dent. That is what the Senate is there days after the bill was reported to the ators—a substantial majority of the for. committee or to the Senate floor, it Senate—were prepared to vote for I said: Warren, how did you get to be would be 2 days plus 10—a couple Chuck Hagel to be Secretary of De- a Senator? He said: Well, I will tell you weeks. It would give us a chance to fense, including four from the Repub- a story. President Ford nominated me read the hearings, consider the evi- lican side of the aisle. But we fell short in 1976 to be on—I believe it was the dence, ask our questions. of the needed 60 votes, the 60 votes Federal Communications Commission. There were three Senators who came under cloture, needed to end a fili- The Senator from New Hampshire, a down to the floor today, including the buster. So I have to say to my friend Democratic Senator and a Democratic Senator from Arizona and the Senator from Tennessee, by every definition in Senate, put a hold on Warren Rudman from South Carolina, who said then we the Senate, by every standard, your until Warren Rudman withdrew his will be ready to vote for cloture. In side has successfully filibustered the nomination. other words, we will be ready to vote to nomination of Chuck Hagel in the U.S. The end of the story was that Warren end debate to do what the Senate Senate. Rudman then ran against that Senator, should do. Eventually, after a full con- It has happened before on Cabinet beat him, and that is how Warren Rud- sideration, we would have an up-or- nominees—twice, I am told, in our his- man became a Senator. down vote on a President’s nominee for tory, and once while I was here involv- We know what a filibuster is. A fili- the Cabinet. At least that is my belief, ing Dirk Kempthorne, whose nomina- buster is when one side or the other— that eventually you should have a an tion was controversial and another clo- which it has a perfect right to do under up-or-down vote on the President’s ture vote was called. I asked myself, our system of government—decides to nominee for the Cabinet. how did I vote? After a while, you try to kill a nomination by denying 60 It is an unfortunate vote, and it is sometimes forget. And I was told, well, votes or to stop legislation by 60 votes. unfortunate to characterize this as a it turned out the cloture vote for Dirk The Democrats have done it on a reg- filibuster. This is a vote by Repub- Kempthorne was 85 to 7. So clearly, he ular basis when they were in the mi- licans to say we want more than 2 days had 60 votes, and I voted for the cloture nority and the distinguished majority after this nomination comes to the vote in this circumstance. He was then leader was one of the most effective floor to carefully consider it because affirmed by a voice vote thereafter. So persons in the Senate to do so. I pre- we have questions. Many have ques- it has happened before, but it happens sided many times over the Senate when tions, and then most of us believe that rarely—twice in our history—when we he objected. after a sufficient time—and, for me, a have a Cabinet nominee who is filibus- I remember when we were trying to sufficient time will probably be those tered. get 60 votes to have a permanent 10 days—after those 10 days, it will be I will concede to the Senator there change in the estate law, and we would time to end debate. It will be time to are many times we have questions that get up to 57, 58 or 59 and the distin- have a vote and then it will be time to need to be answered before we can guished majority leader would object. move on to something else. make a sound or final decision, but What are we doing today? We are I wish to make sure this is properly what is peculiar about this vote is that doing today exactly what was said characterized. This was a motion to the questions are being asked about a when the vote was called. The question close off debate after 2 days of bringing fellow colleague, someone the Repub- was do 60 of us believe it is time to end to the full Senate the President’s nom- licans served with for years. This is not debate on the nomination of the Presi- ination to lead the largest military or- a name that was just dropped out of dent to be Secretary of Defense, the ganization in the world at a time when the blue. I would assume my Repub- leader of the largest military organiza- Senators had reasonable questions for lican colleagues knew Chuck Hagel. tion in the world, the largest employer which they want answers. A vote to ex- You served with him, you were on com- in the United States. The Senate tend that until 10 days from now or mittees with him, you sat hour after Armed Services Committee has re- some other appropriate time after that hour, day after day, and maybe month ported that recommendation to the not only is reasonable, it is in the tra- after month in meetings together. So

VerDate Mar 15 2010 02:30 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.068 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S750 CONGRESSIONAL RECORD — SENATE February 14, 2013 he is a known quantity more so on the this filibuster on Chuck Hagel—this tions of JOE BIDEN and Chris Dodd. But Republican side of the aisle than on rare filibuster in Senate history—and I agree with them in this instance, this our side. I served with him on the In- we give him his chance to continue to is merely an effort not to close off de- telligence Committee, and I thought he serve this Nation as ably as he did in bate but to allow reasonable inquiries was a person of sound judgment. There the U.S. Senate and as a soldier in to get information that will advise the were times when I thought he showed combat in Vietnam. Senators in their vote when it comes real courage. I never doubted for a I yield the floor. time to vote on this matter after the minute his commitment to some of the The PRESIDING OFFICER. The Re- next break. publican whip. basic issues. EXHIBIT 1 The Senator from Texas, who is also Mr. CORNYN. I want to assure the assistant majority leader that we still UNITED STATES SENATE, a friend, said: Well, we are not sure COMMITTEE ON FOREIGN RELATIONS, where he stands on issues such as Iran. have a Secretary of Defense. His name Washington, DC, May 26, 2005. I think he has said unequivocally over is Leon Panetta. And I am referring to DEAR DEMOCRATIC COLLEAGUE: We write to the last several weeks his position is an e-mail his press secretary George urge you to oppose cloture on the Bolton the same as the President’s, that we Little sent out on Thursday: nomination tonight. We want to make clear need to stop Iran from developing a nu- The Secretary plans to stay in office until that this is not a filibuster. It is a vote to clear weapon. The same has been said Senator Hagel is confirmed and sworn in. protect the Senate’s constitutional power to So if anybody is under any misappre- advise and consent to nominations. relative to our relationship with Israel. For more than a month, we have been re- If people still have questions about hension, I believe the Pentagon press secretary has made that clear. We have questing two types of information from the that today, they are ignoring his an- Executive Branch. First, materials related to swers or they do not believe him. And a Secretary of Defense. He has not re- the preparation of congressional testimony in that case, they can vote yes or no. I signed, and he will continue to serve on Syria and weapons of mass destruction don’t know how many more times he until such time as his successor is that Mr. Bolton planned to give in July 2003 needs to say that to satisfy his critics. sworn in. and ultimately gave that September. We Perhaps, for some of them, he will I would say again to my friend, the think this will show Mr. Bolton’s continued effort to exaggerate intelligence informa- never satisfy them. Senator from Illinois, the assistant majority leader, we all know what a tion. It may also show that he misled the But it is troubling to me, and I would Foreign Relations Committee when he told agree with Senator REID—and Leon Pa- filibuster is. A filibuster is designed to kill a nomination or to defeat legisla- us that he was not personally involved in the netta is a close personal friend. We go preparation of the testimony. Second, infor- back to our House days. I recall he had tion, as the Senator from Tennessee mation related to National Security Agency a unanimous vote when he was nomi- said. I would also say this is equivalent intercepts and the identity of U.S. persons nated for Secretary of Defense—an in- to what happened back in 2005. on those intercepts. During the past four Mr. President, I ask unanimous con- dication of the respect we have for him. years, Mr. Bolton requested the identity of sent to have printed in the RECORD fol- But his days are coming to a close and U.S. persons on ten occasions. There may be lowing my remarks a letter signed by nothing improper in this; or there may be he said so. What the President has said Chris Dodd and JOSEPH BIDEN. something highly improper. But we won’t is, I need to move up somebody into The PRESIDING OFFICER. Without know unless we see the very same informa- this critical position for the national objection, it is so ordered. tion shown to Mr. Bolton. So far that has not security of the United States, and (See exhibit 1.) occurred. The Chairman and Vice Chairman Chuck Hagel is the person I propose. Mr. CORNYN. And I will quote from of the Select Committee on Intelligence were We have had ample time. I would be that letter. This is a letter signed by shown the intercepts, but not the identities surprised if there are any—perhaps of the U.S. persons. Chris Dodd, our former colleague who In refusing to provide the information many—Senators who didn’t have a served on the Foreign Relations Com- chance to personally sit down with about the Syria testimony, the State De- mittee, and JOE BIDEN, when he was a partment has asserted that it does not be- Senator Hagel. He came to my office, ranking member of the Foreign Rela- lieve that the request is ‘‘specifically tied to and I know he made himself available tions Committee back in 2005. the issues being deliberated by the Com- to virtually every Senator before this Dear Democratic Colleague: We write to mittee.’’ In other words, the Executive process started. So Chuck Hagel has urge you to oppose the cloture on the Bolton Branch is deciding what it thinks is relevant done what he was asked to do, answer nomination tonight. We want to make clear to the Senate’s review. That’s unacceptable. the questions and appear before the that this is not a filibuster. It is a vote to In the case of the NSA intercepts, no one in committee. And for a person who is a protect the Senate’s constitutional power to the Executive Branch has even tried to ex- former colleague, it is hard to under- advise and consent to nominations. plain why the chairman and ranking member I will skip down, because the letter of the Intelligence and Foreign Relations stand or explain why there are so many committees are not allowed to see informa- will be in the RECORD, to the last para- people on the Republican side of the tion that was made available to Mr. Bolton aisle puzzled by this fellow from Ne- graph, which says: and even to his staff. That, too, is unaccept- braska, someone whom they served The refusal of the Executive Branch to pro- able. with for so many years. vide information relevant to the nomination The refusal of the Executive Branch to pro- Let me also say I want to join with is a threat to the Senate’s constitutional vide information relevant to the nomination power to advise and consent. The only way the majority leader in saying, God for- is a threat to the Senate’s constitutional to protect that power is to continue to de- power to advise and consent. The only way bid anything happens in the next 10 mand that the information be provided to days. I hope it doesn’t, for our sake and to protect that power is to continue to de- the Senate. The only means of forcing the mand that the information be provided to for the sake of the Senate and the peo- Administration to cooperate is to prevent a the Senate. The only means of forcing the ple of this country. We do need a Sec- final vote on the nomination today. Administration to cooperate is to prevent a retary of Defense. I would like to think And the letter, as I said, was signed final vote on the nomination today. We urge if the tables were turned the other side by Chris Dodd and JOE BIDEN. to you vote no on cloture. would not be pillorying us for leaving My point is, this is exactly what the Sincerely, the Secretary of Defense office vacant Senator from Tennessee said it was—a CHRISTOPHER J. DODD. in these dangerous times. I am afraid vote not to end debate but to allow JOSEPH R. BIDEN, Jr. many on your side would be asking, these inquiries to be answered. And the Mr. CORNYN. Mr. President, I sug- why didn’t you get this done when you shoe will likely be on another foot gest the absence of a quorum. could have? This was a Democratic some other time with some other nomi- The PRESIDING OFFICER. The Senator; why do you need to keep ask- nee, so we ought to, I think at a min- clerk will call the roll. ing questions over and over? imum, respect and protect the right of The bill clerk proceeded to call the But we have reached this point and the Senate and of an individual Sen- roll. there is nothing we can do about it. ator to make reasonable inquiries of a Mr. SESSIONS. Mr. President, I ask Senators have left and we are going to nominee as part of the power of advise unanimous consent that the order for be off next week for the Presidents hol- and consent. the quorum call be rescinded. iday. I just hope, as soon as we return, This is not a filibuster. If it is, then The PRESIDING OFFICER. Without as quickly as we return, we can defeat this was in 2005, contrary to the asser- objection, it is so ordered.

VerDate Mar 15 2010 04:18 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.070 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S751 SEQUESTER LEADERSHIP would spend $37 trillion over 10 years. duction in the growth of the spending Mr. SESSIONS. Mr. President, we are But the budget was expected to grow. of one-half of our government; and de- facing a very serious problem with the It was expected to grow so that we fense spending increases are less than sequester that will impact our Defense spent $47 trillion over 10 years. At the half of what you see in many of the Department and other government end of that time we would have in- other major spending programs in our agencies. It is a very serious matter. It creased spending by almost $10 trillion government. has been out there for well over a year. over 10 years. This deal would have The base defense budget has not been We have known this is coming, and it said that we wouldn’t spend $47 trillion surging out of control. It has been in- is time—long past time—for the Demo- but $45 trillion, therefore reducing the creasing at about the rate of inflation cratic Senate and the President of the increase by a modest amount. in the last several years. But defense United States to provide some leader- These were the first significant cuts has already reduced its budget as part ship on the issue. we have had in the Congress in a long of the first part of the Budget Control I was pleased with Senator MCCON- time. It is the first time we have actu- Act agreement last August. That was NELL this morning when he raised this ally made some alteration in the $487 billion. So this sequester would be matter, suggesting we are in a pattern growth of spending. And really, it is an additional $500 billion, should it go here of how business is being done in not a cut in spending; it is reduction to through. It would be a cumulative re- the Senate. It goes something like this, the growth of spending. But the Presi- duction of almost $1 trillion over 10 Senator MCCONNELL said: Phase 1, Re- dent not only agreed to the sequester, years. That is a big reduction. It alters publicans identify a challenge and pro- he actually proposed the sequester as the ability of the military to function pose a solution; phase 2, the liberals sit part of the deal. in the way they have been functioning, on their hands until the last minute; The sequester came about under the and it threatens the ability for them to phase 3, they then offer some gim- theory this would be a stopgap emer- carry out the missions they have been micky tax hike designed to fail and gency measure if the committee of 12 assigned to carry out today. then blame everybody when it does. didn’t reach some long-term fiscal plan The Chairman of the Joint Chiefs, This is essentially, I am afraid, where to alter the debt course of America, General Dempsey, said this week: we are. We are now at the time where and the committee didn’t reach that If sequestration occurs, it will severely they are about to sweep in with some agreement. limit our ability to implement our defense gimmicky solution that won’t be suc- The agreement fell apart and the se- strategy. It will put the nation at a greater cessful. I don’t know where they are in quester happened. The sequester was risk of coercion, and it will break faith with that. We have seen a 1-page outline put in the bill at the last minute, ac- the men and women in uniform. that suggests there is a plan out there, cording to Bob Woodward in his book, That is a serious statement and we but we haven’t seen legislative lan- at the request of the President and the should respect it. I know right now guage, I don’t believe, unless it was White House. It was put in there, and they are threatening all kinds of draco- produced in the last few hours. So we nobody knew what it meant. That is nian cuts, and probably when the dust are 2 weeks away from a sequester that the reason primarily that I voted settles it won’t be quite as draconian will include cuts that I believe will be against it. I didn’t like this situation as they tell us. But the fundamental too damaging to the U.S. military and that looked to me as though it would truth is, this is disproportionate and can be avoided and should be avoided. be a meat-axe cut that would fall dis- dangerous to the Defense Department, The sequester, remember, was part of proportionately on the Defense Depart- and it is not necessary. an agreement that was reached in Au- ment. At any rate, good people dis- Remember how we got here. We saw gust a year ago—August 2011—between agreed, the bill passed, and it became this coming. The defense authorization the President of the United States, the law. So that is how the sequester came bill was not brought up before the elec- Democratic leadership in the Senate, to be, and it is set up in a way that dis- tion maybe for the first time in 50 and the leadership in the House of Rep- rupts the Defense Department. years. Why was it not brought up in resentatives. It was designed to raise If you cut the Defense Department as July, August, September, or October? the debt ceiling because we had bor- much as is presently scheduled to be Why was it not? rowed all the money that could legally done now, it would hurt under any cir- One of the reasons I think was that be borrowed and the administration cumstances. But if it is done the way everybody knew the sequester was out wanted to spend more and borrow more the sequester says, everybody agrees it there. It needed to be fixed, and this money. We were borrowing well over 35 will be far more damaging than it would have been the opportunity to fix cents out of every dollar we spent at needs to be because it gives the Defense it when that bill moved through the that time—and still are—and the Presi- Department very little control over Senate. And so Senator REID wouldn’t dent wanted to raise the debt ceiling. how to manage their money in a way bring up the defense bill. He refused to The people holding the credit card—the that has the least adverse cir- bring it to the floor. U.S. Congress—said: Wait a minute. cumstances, and that is why we should Senator MCCAIN came to the floor You have run up too much debt. You not let the sequester go forward. and said, shame, shame, shame, as have to lay out a plan that, at least The sequester needs to be reevalu- ranking Republican on the committee, over 10 years, would equal the amount ated for a lot of reasons. One-sixth of pointing out this failure was the first you want to raise the debt ceiling. The the federal budget is the Defense De- time I believe in 50 years that the de- Administration could spend that partment. One-sixth of the amount of fense bill had not moved. No other ap- money now—and it was spent in 18 money we spend is by the Defense De- propriations bill had moved, either; not months, because we have already hit partment. One-half of all the cuts in a single one. But not passing the de- the debt ceiling again—and we will the sequester falls on the Defense De- fense authorization bill was historic— raise the debt ceiling $2.1 trillion. partment. It is disproportionate. again, I think in big part because they So an agreement was reached to re- Some people are under the impres- didn’t want to talk about the seques- duce spending over the next 10 years by sion that it is the war costs that are ter. $2.1 trillion. That was the agreement. being cut. This is not what we are talk- In the debate, I believe last October, The President signed that, the Demo- ing about. The war costs are funded in with Governor Romney, the sequester cratic leader in the Senate agreed to a separate account. All of these cuts came up. What did President Obama that, the Speaker of the House, the Re- fall on the base defense budget of the say? It will not happen. The sequester publican, agreed to that, and that be- United States of America. will not happen. And here we are, with came the law. It means too rapid and severe a re- no plan to fix it from the White House, These are numbers we live with every duction in our military and civilian no plan to fix it from the Democratic day. I am the ranking Republican on personnel, and it endangers the smart majority—which apparently wants to the Budget Committee, and it is a con- management of the war, while entire lead this country, wants to be in the stant item in our face out there. We portions of our government—almost majority, wants to justify their leader- were then spending $3.7 trillion a year. one-half of our government—have no ship position. Senator REID has not So if you extend that for 10 years, we cuts at all. Amazingly, there is no re- brought forth—unless it is today, until

VerDate Mar 15 2010 02:30 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.072 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S752 CONGRESSIONAL RECORD — SENATE February 14, 2013 this late, late minute—a plan to fix the are fed up with borrowing in Wash- One reason the agreement was sequester, an alternative. We have seen ington. A lot of people said, Don’t raise reached on the fiscal cliff in early Jan- the one-page outline, but that is it. the debt ceiling a dime. uary of this year was that we had I would note, I think I indicated, the We said, OK, we are going to raise spending cuts last August and they got House has already twice passed legisla- the debt ceiling, but we are going to some tax increases in January, but not tion months ago that would fix the se- promise you, American people, that we more. And those tax increases should quester and not allow this event to will contain the growth of spending by have been for the purpose of reducing occur in the way that it is. They have $2.1 trillion, so the increase in spending debt, not funding new spending. done their duty. over 10 years will be about $8 trillion So to sum up the matter, in August So what is the Senate going to do? instead of $10 trillion. Surely, that is 2011 Congress and the President agreed What are we going to have from the not going to break America. Surely, and passed legislation to reduce by a Senate? Another do nothing, no budg- that is not going to destroy this Repub- small amount Federal spending from et, no fix to the economic threats of lic. It could be exceedingly damaging if $47 trillion to $45 trillion over 10 years. America? Now no fix to the sequester? we do as the sequester says, though, The spending of the United States The only thing we have to do now is and target the Defense Department far would increase approximately $8 tril- raise taxes? more severely than any other area of lion instead of $10 trillion. That would The truth is, the way to fix this and government. not damage the American Government. the way to do this is to have all the de- But, fundamentally, reducing the We certainly should be able to function partments and agencies of the govern- growth in spending from $10 trillion in as a nation with that kind of substan- ment be evaluated, not just a small expected increases to $8 trillion is not tial increase in spending, and it is hap- portion of them, and have all of them going to damage America. And it can pening every day in cities, counties, tighten their belts, and we could easily be done. In fact, it must be done. and States throughout America. They avoid the draconian cuts that are lurk- What we have to understand is that are dealing with far worse reductions ing out there right now. the President of the United States and than that. Over half the government spending Senator REID, the Democratic leader in There was no tax increase agreed to was not touched in the 2011 Budget the Senate, agreed in August of 2011 at all—not one penny of tax increases. Control Act deal. It just wasn’t, includ- that we would raise the debt ceiling, Those reductions in spending are in ing some of the fastest growing items we would cut spending, and we would law. They are in the new baseline on such as food stamps, which have gone not increase taxes. We would not in- which we are now operating. To alter crease taxes. It was a simple, small, from $20 billion in 2001 to $80 billion that and give back that spending with- but significant, noticeable reduction in last year. It has gone up four times in out finding reductions in spending else- the growth and spending, and that was 10 years and not a dime was reduced where would be to increase spending the agreement. Before the ink was dry from it. Medicaid is at 6- to 7-percent- above that agreed to in the Budget on it, we had people wanting to weasel a-year increases. These programs alone Control Act, and that is what the add $300 billion to government spend- out of it, to change it. What would the American people Democratic outline we have seen would ing each year. They aren’t having any think of us if less than 2 years after do. It increases spending and it in- review at all. this agreement, this promise to them, creases taxes. They say: Don’t worry I am disappointed we don’t have a we capitulated, we couldn’t follow about the increased spending. We have legislative plan on the floor that we through, and we couldn’t maintain taken care of it. We have raised taxes. could actually evaluate to see what it those growth reductions we promised So that is the deal. They raised taxes means, and then begin to debate it and the American people we would do? to pay for the increase. That is in clear discuss it. It should long since have The plan I am hearing that is being violation of the terms of the agreement been brought up in this Senate. We floated now is a direct contradiction of and the moral agreement we had with should already be aware of it. the promise we made to the American the American people. It is in violation But there is a game played around people. I don’t believe it will pass. I of what was told to the American peo- here, as Senator MCCONNELL said. don’t believe it will pass the House and ple a little over 18 months ago, and to There is a game around here to wait I don’t believe it will pass the Senate. that extent it is not acceptable. until the last minute. And the Presi- And remember, this is current base- I urge my colleagues not to proceed dent, using the power of the Presidency line law now. with this approach. and his skill as an orator, feels he can The Budget Director of the Congres- Let’s find ways to spread out the once again dominate the media and be sional Budget Office testified before spending cuts so that more government able to extract the kind of legislation the Budget Committee this week, and agencies tighten their belts—and not he wants in the end, and somehow gain he showed us what the projected defi- so disproportionately on the Defense political advantage, I guess. cits will be over the next 10 years. The Department—and we can resolve this I don’t think it is going to work this good news was that deficits would be matter going forward. time. I am worried about it. I am afraid reduced some—less than half of what I am worried because we have had no we are not going to have an agreement. they are today—by 2015. And a big part response from our Democratic part- I am afraid cuts are going to take place of that was the sequester, because it is ners, no response from our President of in a way that shouldn’t occur, and that in law. The law says: These reductions the United States, who is the Com- they could be done smarter and more will occur. He scored them as we passed mander in Chief of American forces. To effectively with less damage than we it. And now we are saying, We want to my knowledge they have not laid out a have. give that back and we don’t want to detailed plan yet. We are going to So we are told that in this Demo- follow through on that. reach that deadline, and it looks as cratic plan, in this outline that is The only way you can not follow though it is going to take place. I hope floating around, after we passed just a through on the reductions that were in it can be avoided. It should be avoided, few weeks ago a $600 billion tax in- the Budget Control Act would be to in- and I am willing to work to avoid that. crease, that now we want to have an- crease spending—to increase spending I call on my colleagues to not con- other tax increase. I have to say this above what we are currently projected tinue to delay. Let’s move forward to with clarity: Any plan that attempts to to have the government grow over the an effective agreement that preserves replace the cuts in the Budget Control next 10 years. We would have to in- the legislative intent of the Budget Act with tax increases will not happen. crease spending. Control Act and the promises that we They cannot happen. It will be a funda- So make no mistake about it, the made to the American people. mental breach of the commitment we plan that is being proposed is to tax I thank the Chair, yield the floor, made to the American people in August and spend—to spend more and tax and note the absence of a quorum. of 2011. We told them, We have an more. That is not where this country The PRESIDING OFFICER (Mr. agreement. We will raise the debt ceil- should be going. I reject that as the BEGICH). The clerk will call the roll. ing $2.1 trillion. A lot of people did not right approach. Particularly, it is con- The assistant legislative clerk pro- want that to happen. A lot of people trary to the steps we took in August. ceeded to call the roll.

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.073 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S753 The PRESIDING OFFICER. The Sen- they regard the United States as their It was in high school that Cinthia ator from Connecticut. home. They have no criminal back- came to understand how her undocu- Mr. BLUMENTHAL. I ask unanimous ground. They have done nothing wrong. mented status would actually affect consent that the order for the quorum We need to find a way to bring them her future, because during her senior call be rescinded. out of the shadows and provide earned year of high school, Cinthia attended a The PRESIDING OFFICER. Without citizenship, with background checks to college preparation class. From the objection, it is so ordered. show they have no criminal records, start of that class—supposedly to pre- f that they will learn to speak English, pare her for college—Cinthia could not fully take part in the course because THE DREAM ACT if they do not now do so, go through all the other steps that may be set, and she thought she would not be eligible Mr. BLUMENTHAL. Mr. President, then go to the back of the line behind to go to college because of her undocu- today and throughout the coming people who have legally sought to come mented status. weeks, I hope this body will move clos- here. Still, she continued in that class as a er to comprehensive immigration re- That reform should also include way to stay motivated about her future form. Actually, accountable immigra- much stronger security at the borders, and to experience the college applica- tion reform would be a more appro- a crackdown on employers who hire un- tion process, as many Americans do. In priate term to call it—accountable to documented immigrants—people in fact, she eventually applied to four uni- the people of the United States who this country who are here illegally but versities—some State and some pri- overwhelmingly want this dysfunc- who can be exploited by those employ- vate. She was accepted by how many? tional, broken system to be mended. ers—and, of course, a streamlined im- All four. We are a nation of immigrants, and migration process. The elements of this Her excitement and her family’s soon the people of our Nation know it. They reform are becoming clearer and at- faded as she realized the choice she know it not only intellectually and ab- tracting a growing consensus. If noth- faced. She would not be able to attend stractly; they know it in their gut be- ing else, we should make sure we pro- any of these schools because she could cause they see on the walls of their vide an expedited route for people who not afford it, and her dream school homes the proud photographs of their now come with H–1B visas. looked even further out of reach be- parents, their grandparents—people Some of the details of these proposals cause her parents could not afford to who have come to this country as a need to be resolved so we give those pay full tuition and Cinthia could not beacon of economic opportunity and people who come to this country with share the financial burden because she freedom, some of them struggling extraordinary skills or who are edu- was afraid to seek work. She is ineli- through the most horrific kinds of cated here and are now forced to leave gible to work in this country, and she trials and tribulations to reach this the country, to the detriment of our felt hopeless because all she wanted to great land, the greatest Nation in the tech corporations—and many are in my do was attend college, work her way history of the world. home State of Connecticut. And through, so she could create a better I have told my colleagues in the maybe, first and foremost, we need to future for herself and make a dif- past—and I will state again—one of the make sure we give the DREAMers what ference for the country. most inspiring things I do—and I had this country so richly deserves—one Around that time, Connecticut done it as attorney general for a long would think, I might say, what they passed a State law—and I advocated time but now as a Senator—is to visit deserve, but truly the country deserves it—to allow undocumented students our courthouses where immigration what they have to contribute and give who have graduated from high school and naturalization ceremonies take back to this country. in Connecticut to pay instate tuition place. Those ceremonies are profoundly For some time I have come to the rates that are available to other Con- inspiring because they come—new citi- floor of the Senate to talk about indi- necticut residents. With that financial zens, people about to become citizens— vidual DREAMers. I wish to talk about burden slightly lessened, Cinthia was with their families. It is a day of joy a young person, Cinthia Perez, whose able to enroll at Southern Connecticut and pride unmatched and unexcelled in photograph is here in the Chamber and State University. their lives. They come with friends, who is one of those DREAMers—many She is now proud to be in her sopho- and they come to celebrate with their of whom are brought to this country as more year at SCSU, and she hopes to friends and families, with tears in their infants or very young children. They use her education to pursue a career in eyes and their hearts and their throats. know no other country. They often community development or environ- There is no time when I have seen one know no other language but the one mental management. Basically, she of these ceremonies that I have not spoken here. Their lives are rooted in wants to help improve education and been deeply moved and uplifted. this country. Their friends are here. support for children in need—children If you ever have a down day, if you They are going through our schools. such as herself who simply want an are ever discouraged about this Nation, They are serving in our military. Yet education so they can give back to this see one of these ceremonies. You will they can be deported at any time. country, children such as herself who know what it means to be a citizen of Right now, the President has com- are motivated and inspired to con- the United States of America and how mendably offered the Deferred Action tribute to America, and children such important it is and how important we for Childhood Arrivals—DACA—system as herself who are undocumented and, should regard it. for them, but it is only for a limited therefore, hampered and impeded in So I approach immigration reform period of time. It does not provide the their aspirations. with a profound appreciation of its im- certainty and security they need to do I have no doubt Cinthia will continue portance to people who seek liberty what Cinthia Perez wants to do with to contribute to Connecticut. She will, and economic opportunity and justice her life. That is why the nearly 2 mil- unfortunately, face the dangers of de- in this great land but also how we are lion immigrants nationwide who would portation from her home and may be enriched as a nation of immigrants by benefit from the DREAM Act—between sent back to a country she has not seen the diversity, the talent, the dedica- 11,000 and 20,000 in Connecticut—de- for many years—in fact, since she was tion they bring to our factories where serve the benefit of a more secure 5 years old. they work, to our laboratories where route, an expedited route to citizen- I hope every DREAMer is given de- they invent, to our military where ship. That has to be part of account- ferred action status under the Presi- they serve and sacrifice and give their able immigration reform. dent’s program. I hope Cinthia’s appli- lives. Cinthia Perez was born in Mexico. cation will be favorably received. I So I hope we will embark on account- She was brought to America at the age hope she will be able to pursue her edu- able immigration reform that provides of 5. She has not left America since. cation and work and give back to this a path to earned citizenship for the 11 Her family settled in New Haven, CT. Nation and that she will be eligible at million people or more now in this She went to the New Haven public some point for financial aid. country undocumented. Many times schools from elementary school But the full measure of relief from they pay taxes, they live here, and through high school. deportation will not come to her or any

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.083 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S754 CONGRESSIONAL RECORD — SENATE February 14, 2013 of the other DREAMers without the The PRESIDING OFFICER. Without Educated as a mechanical engineer, Cochran DREAM Act. Therefore, I urge that the objection, it is so ordered. affixed floodlights to adjacent trees and the roof of the two-story home, turning the mod- comprehensive immigration reform f under consideration by a bipartisan est rural hillside into a round-the-clock win- ter playground. group headed by Senators SCHUMER and RECOGNIZING THE COCHRAN Like a Vermont version of the movie MCCAIN and the solution eventually FAMILY ‘‘Field of Dreams,’’ if you build and illu- adopted by this body to fix that broken Mr. LEAHY. Mr. President, in minate a place to ski in snow country, peo- system of immigration law will include Vermont, you will find any number of ple will come from far and wide. Throughout the 1960s, thousands of local the DREAM Act. successful family-run businesses. I wish to thank and give credit to schoolchildren and their parents learned to Today, I want to recognize the Cochran ski at the Cochran hill, with Mickey and Senator DURBIN, who has championed Family and their Cochran Ski Area. Ginny providing free hands-on instruction. this measure for a long time, giving a This family, which has spent 50 years They did not charge to use the 400-foot rope model to many of us at the State level, on a hillside in the town of Richmond, tow either. Everyone was welcome, even in where I was attorney general for 20 VT, has seen 10 of its own compete in the kitchen of the Cochran home, which years and championing our equivalent served as a warming hut. the Olympic Games and has brought of the DREAM Act there, providing ‘‘It was a magical place,’’ said Bob Coch- thousands of local youth together to aid, as we did with Cinthia, so she ran, one of Mickey and Ginny’s four chil- share in Vermont’s rich tradition of could fulfill her aspirations to seek dren. ‘‘Like a big party at your house every winter sports. night.’’ education. The Cochran Ski Area is truly a re- The ski hill, moderately expanded in subse- But at the end of the day, just and ef- quent decades, continues to this day as a fective comprehensive immigration re- markable place in Vermont, where the rewards of family togetherness, com- nonprofit organization and revered civic re- form must resolve the status of those source, a tribute to Mickey Cochran’s hum- 11 million people, including Cinthia’s munity support, and shared knowledge ble 1960 dream. relatives who may be here, including have been reaped to the fullest for half But that is not the reason Cochran’s Ski the DREAMers’ parents who may be a century. In the 1960s, the Cochran Area, with its one tiny roadside sign, is slope was a skiing family’s dreamland, known throughout the racing world. It is not here. It has to be comprehensive so as why the one-room Cochran lodge, built in to establish an earned pathway to citi- but Mickey Cochran, alongside his wife Ginny and family, chose to open their 1984, is replete with pictures of international zenship for the undocumented immi- skiing stars who have made the trek to this grants already giving back, already home and their hearts to the commu- out-of-the-way little ski area next to the here, already contributing members of nity. Since then this slope has become Winooski River. our society, and, most especially, the a source of skill not only for the Coch- Mickey and Ginny Cochran’s children— children who were brought here, ran Olympians, but for every Marilyn, Barbara Ann, Bob and Lindy—all Vermonter who, with their guidance, made the United States ski team and each through no fault of their own, when raced in the Olympics. At the 1972 Games in they were 5 years old or 6 years old or has been helped to master the art of skiing. The Cochrans intensified their Sapporo, Japan, Barbara Ann won a gold 5 months old, and we reaffirm that medal in slalom. America is a land of justice and oppor- skiing talent and dedication through The Skiing Cochrans, as they became tunity. the application of math and physics, known in the 1970s, were an American sensa- I yield the floor and suggest the ab- complementing a classroom education tion, feted at gala dinners and featured in sence of a quorum. with a thrilling hands-on experience national magazines, like a sporting version The PRESIDING OFFICER. The unlike any other. This Vermont family of the Osmonds. and their legacy are a model of com- But there’s more: six of Mickey and Ginny clerk will call the roll. Cochran’s grandchildren have made the The assistant legislative clerk pro- munity building and achievement. United States ski team in the last decade, ceeded to call the roll. Their charity has enriched Vermont including Ryan Cochran-Siegle, Barbara Mr. REID. Mr. President, I ask unan- and the Cochran Ski Area has been Ann’s 20-year-old son, who won two events at imous consent that the order for the cherished in return as a haven for fami- the junior world championships last season. quorum call be rescinded. lies to enjoy winter traditions. Today, His cousin Robby Kelley, Lindy’s son, is the The PRESIDING OFFICER. Without a new generation of Cochrans preserves reigning national giant slalom champion, ex- objection, it is so ordered. their relationship with the land Mick- tending the lineage of America’s first family of ski racing into a sixth decade. f ey and Ginny Cochran sought to make In 2005, four second-generation Cochrans UNANIMOUS CONSENT AGREE- their home years ago, by founding were on the United States ski team, match- MENT—EXECUTIVE CALENDAR Slopeside Syrup, a maple syrup busi- ing the four Cochrans on the team 43 years ness. Each spring Cochran’s taps more ago. And the ski area has helped produce Mr. REID. I ask unanimous consent than 20,000 maple trees around the ski more than a dozen United States team mem- that on Monday, February 25, 2013, at slope and opens its doors of the bers who are not related to the Cochrans, 5:00 p.m., the Senate proceed to execu- even if they are all embraced as Cochran rac- Slopeside Syrup sugarhouse to visitors ers. tive session to consider the following and neighbors alike. nomination: Calendar No. 7; that there ‘‘People have asked me if there’s some- I am proud to share the Cochran fam- thing in the water,’’ Bob, 61, said with a be 30 minutes of debate equally divided ily’s story with the Senate. I ask unan- laugh last month, sitting at a picnic table in the usual form; that upon the use or imous consent that a recent article inside the unassuming Cochran lodge. ‘‘Peo- yielding back of time, the Senate pro- from The New York Times about this ple think we have some secret. But there was ceed to vote without intervening ac- incredible family be printed in the no special criteria for coming here except tion or debate on the nomination; that one. My father said you had to have fun. RECORD. ‘‘And my mother made every kid who the motion to reconsider be considered There being no objection, the mate- made and laid on the table with no in- showed up here feel like a part of the fam- rial was ordered to be printed in the ily.’’ tervening action or debate; that no fur- RECORD, as follows: NO DISCUSSION OF OLYMPICS ther motions be in order; that the [From the New York Times, Jan. 23, 2013] Each of the original skiing Cochrans in- President be immediately notified of SHORT HILLSIDE’S LONG LEGACY sisted that making the Olympics was never the Senate’s action and the Senate discussed by their father, who died in 1998 at (By Bill Pennington) then resume legislative session. age 74, or by their mother, who was 76 when The PRESIDING OFFICER. Without RICHMOND, VT.—It was 1960 in northern she died in 2005. objection, it is so ordered. Vermont and Mickey Cochran had a simple ‘‘Even making the national team was plan with an uncommon stipulation. A f never envisioned,’’ said Lindy, now 59. ‘‘That former schoolteacher, Cochran would buy a was some mystical place and the farthest MORNING BUSINESS house in the country for his growing family, thing from my father’s mind. He did, how- Mr. REID. Mr. President, I ask unan- but only if the new home had a pitched slope ever, believe that you needed a lot of repeti- behind it where he could install a ski lift. imous consent that the Senate proceed tion to get good at something.’’ Along with his wife, Ginny, whom he met So what better way than to grab the rope to a period of morning business, with while skiing, Cochran found the right house tow just outside your bedroom window? Senators permitted to speak for up to and parcel of land for $10,000, and soon there The usual Cochran winter day would have 10 minutes each. was a rope tow just outside the back door. the children doing their homework after

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school, then awaiting their father, who had MORE ROOM TO TEACH Cochran turning and pointing at the ski left teaching to take an engineering job at a The Cochran’s Ski Area of today has trails beyond the lodge window and saying: General Electric plant in nearby Burlington. moved about 150 yards from the original ‘‘We were on the hill. . . .’’ ‘‘He would get home around 6 p.m. and home, which has remained in the family. An The weather that day may have been cold we’d be waiting to get out there,’’ said Bob, adjacent 140-acre parcel of land, bought and blustery. The Cochran memories are for- who became a physician after his amateur years ago for $4,000, allows more room to ever warm and genuine. and professional ski racing career ended. teach beginners, which comes in handy with After a few hours, the siblings departed ‘‘My mom would give my dad something to more than 700 students enrolled in after- wondering when the ski area—a Vermont eat, and then he’d go fire up the old gas-pow- school programs. cultural landmark—might open for another ered engine that ran the rope tow.’’ Hundreds of local youth and Vermont high winter. Gates would be set on the hill, and if there school racers also train and compete on the ‘‘If it stops raining, we’ve still got a were not enough gates, saplings cut from the main trail next to a busy T-bar. chance tomorrow,’’ Lindy said. adjacent woods would be used instead. ‘‘It’s just an extension of when the local The next day, the rain had ceased but the ‘‘It would hurt hitting those saplings,’’ parent-teacher organization came to my snow beneath the T-bar lift was too irregular said Marilyn, 62. ‘‘But you couldn’t get us off mom and asked if she would teach the kids for Cochran’s to open as scheduled. that hill. We’d be out there five nights a on our hill,’’ said Barbara Ann, who heads About 25 youngsters from the weekend week, and the only way to get us to go to bed the current instruction program. ‘‘Mom al- race program showed up anyway. So did was to flip off the lights.’’ ways said skiing was the best way to keep some coaches and the three Cochran sisters. When Marilyn and Barbara Ann, who was parents and their kids together in the back- Pulling into the muddy parking lot, they got 11 months younger, began winning regional yard.’’ out of their cars to gaze uphill at the swath and national-level races, their celebrity On a bluff overlooking a dirt and cinder of good snow that remained on the central spread in the pastoral remote villages of parking lot, the Cochran lodge is festooned trail. northern New England, but they remained with dozens of numbered racing bibs from A procession soon began hiking up the hill something of a curiosity at the extravagant championship races. The oldest are from New carrying skis. Gates were set in the snow. Alps resorts that hosted the top inter- England in the mid-1960s and the newest Racers skied down. national ski races. That was true even after were proudly spirited home from top inter- Smiling, they walked back up the hill. they each won a medal at the 1970 world national competitions last winter. Over and over. championships. The skis Barbara Ann used to win her gold It snowed soon after. Three days later, ‘‘I recall the Europeans saying: ‘Who are medal hang from the ceiling, and photos Cochran’s Ski Area officially opened for an- these Cochrans? From where?’ ’’ Marilyn celebrating the careers of nearly every Coch- other winter. said. ‘‘But you know, they started thinking ran are tacked to the walls, which takes up f of us as kids to be reckoned with.’’ a lot of room given the breadth of the accom- Their father was their coach and, they plishments. From Bob’s 1973 win in the RECOGNIZING THE CITY OF said, an innovator. Relying on his engineer- famed Hahnenkamm combined in Austria to JENKINS, KENTUCKY ing background, he introduced scientific Lindy’s top American finish for a woman in Mr. MCCONNELL. Mr. President, I methods to racing tactics, turning a moun- the 1976 Olympic slalom and giant slalom, to tain descent into a conversation about vec- N.C.A.A. championships by the grand- stand before you today to recognize tors and ski path velocity. He taught his children, the Mickey and Ginny Cochran rac- and salute the city of Jenkins in children to chart the number of gates in a ing pedigree is long and full. And all of it Letcher County, KY, as they celebrate racecourse and to memorize it using visual- from a hill that is a miniature of a major ski 100 years of rich State history. ization techniques. He was also a master resort. Jenkins’s roots reach back before its sports psychologist, an underappreciated Simplicity and unpretentiousness have re- official incorporation. Four smaller part of coaching at the time. mained hallmarks of the Cochran way. So ‘‘He was a teacher at heart, and he knew communities combined to form the has affordability. A junior weekend lift tick- city of Jenkins when Consolidation how to keep you focused on your perform- et is $14. Children pay about $40 for a season ance and not the outcome,’’ Bob said. ‘‘He of after-school lessons $90 with rentals. Coal Company purchased 100,000 acres was years ahead of his time.’’ ‘‘And we give scholarships if someone can’t of coal lands in eastern Kentucky. Con- If there is a shared trait from generation afford that,’’ Lindy said. ‘‘If you really want solidation Coal’s director, George C. to generation of Cochran Olympians, it is the to learn to ski, you won’t be turned away.’’ Jenkins, became the city’s namesake powerful benefit of basic homework, or time The ski area may have registered as a non- in 1912 when it was officially founded. on the snow in ski racing parlance. The em- profit organization only after Mickey’s phasis has always been on the value of dedi- The communities that joined together, death, but as Ginny told her children at the Dunham, Burdine, Jenkins, and cated, enthusiastic preparation, even in mod- time, ‘‘It was always a nonprofit.’’ est circumstances. The Cochran race train- McRoberts, helped build the new city, VIABILITY AND AVAILABILITY ing course is far from steep and only several which grew quickly. On January 9, 1912, hundred feet long. But Cochran racers for The current ski area, with its gaggle of in- the Commonwealth of Kentucky recog- multiple decades have completed lap after structors, coaches and lift operators, is over- nized Jenkins as a city of the sixth seen by a board that has had to raise money lap, smiling as they go. class, and by April 20 of the same year, ‘‘There was never pressure on us,’’ said for improvements like top-to-bottom snow- Ryan Cochran-Siegle, who is now racing at making. The bills are paid, the lodge picnic its government was established. the highest levels of the World Cup circuit, a tables overflow in the winter with excited, The people of Jenkins had an impor- path his cousins blazed before him. ‘‘I never red-cheeked children, and warm food is doled tant role to play in the State—mining felt any expectations. I wanted to do well, out of a tiny kitchen. But donations are con- the ‘‘Cavalier’’ coal that earned the but winning was never the central goal. We tinually sought to keep Cochran’s Ski Area reputation as the best coal in Ken- were urged to just get better and better.’’ viable and available to the next generation. tucky. The success and importance of Marilyn, who became a World Cup giant On a stormy Friday four days before their work further facilitated the ex- Christmas, rain pelted the tin roof of the slalom champion, recalled that her father al- pansion of the city, and within a few ways deflected questions about success, even Cochran lodge and gusts knocked out the as it became common to the household. electrical power. Man-made snow was on the years a bank, grocery store, sawmill, ‘‘Acknowledging medals and things like slopes, but the downpour threatened the an- brick plant, hospital, bakery, drug that seemed arrogant to him,’’ she said re- ticipated opening of the ski area the next store, post office, jail, hotel, recreation cently, sitting with her sisters and brother. day. center, and a few churches and schools ‘‘Although I know he was proud of us.’’ The four children of Mickey and Ginny all opened to serve the population of Marilyn then explained that her parents Cochran, who live not far from Richmond, the area. happily gathered inside the lodge nonethe- could not afford to attend the 1972 Sapporo Today, citizens of Jenkins enjoy the Olympics, where three of their children com- less, reminiscing and finishing each other’s peted, but they stayed up late to watch the sentences as if they were at the dining room incredible Appalachian heritage as races from Japan. The living room scene, table in 1960. much as the beautiful mountains and just feet from the backyard rope tow, was They discussed the Olympics and world scenery that surround them. The pic- later recreated for her. championships like run-of-the-mill high turesque surroundings of the south- ‘‘My father cried twice in his life—when school events. When shown black-and-white eastern Kentucky mountains, and the his mother died and when this one won the pictures of their Olympic media appearances, Pine Mountain area, are on display in gold medal,’’ Marilyn said, tapping the the Cochrans hardly seemed impressed; they Breaks Interstate Park, known as ‘‘The shoulder of Barbara Ann. were too busy teasing one another about ‘‘I didn’t know that,’’ Barbara Ann said, their 1970s hairdos. Grand Canyon of the South,’’ and in turning with a look of surprise. ‘‘Now I’m One by one, recollections from decades places like the Raven Rock Golf going to cry.’’ past were summoned with ease and spon- Course. Set in this environment is Marilyn said, ‘‘Me, too.’’ taneity, and almost every story began with a ‘‘Jenkins Homecoming Days’’ and the

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.004 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S756 CONGRESSIONAL RECORD — SENATE February 14, 2013 Zegeer Museum, which celebrates the of the oldest living residents. The documen- Kentucky First Federal Bancorp. He history and culture of the town. These tary, entitled ‘‘Birth of a Mining Town, Jen- genuinely wants to positively impact highlights speak to the hard work and kins, Ky.,’’ is available for purchase at the others, offering to be just a phone call museum. dedication of the citizens of Jenkins in Many pieces of Jenkins history can be away to anyone who needs his help. the past century, especially their pio- found at the museum, from photos of the At this time, I would like to ask my neering work in the coal mining and town’s construction to various examples of fellow Senators to join me in honoring railroad industries, which the Zegeer mining equipment—everything from hard Mr. Tony Whitaker. This well-known Museum details wonderfully. hats to breathing devices, dinner buckets, and well-respected man is a model cit- At this time, I would like to ask my head lamps and more. Also on display is the izen, and represents the best of the colleagues in the U.S. Senate to join sword of ‘‘Bad’’ John Wright, also known as Commonwealth of Kentucky. We are me in honoring the city of Jenkins as ‘‘Devil John,’’ an infamous former resident grateful for his input and impact on his of Letcher County. Many of the exhibits in community, and I ask unanimous con- we look back in appreciation on their the museum are on loan from current and storied past, and recognize the diligent former residents of Jenkins. sent that a newspaper article high- work of the residents to keep up the Lois Greer is a friendly woman who has lighting his achievements be printed in traditions and build a bright future. called Jenkins home for many years. She the RECORD. I also ask unanimous consent that an loves to talk about the history of the town There being no objection, the mate- article from the Mountain Eagle noting and tell stories of the people and buildings rial was ordered to be printed in the Jenkins’s rich history be printed in the that once called Jenkins home. She’s more RECORD, as follows: than happy to walk visitors through the var- RECORD. [From the Hazard Herald, December 20, 2012] ious rooms at the museum, pointing out pho- There being no objection, the mate- tographs that show coal camp houses, com- WHITAKER STEPPING DOWN AS FIRST FEDERAL rial was ordered to be printed in the munity centers that no longer exist, and CEO RECORD, as follows: grand buildings that were later taken by (By Cris Ritchie) [From the Mountain Eagle, June 13, 2012] fire. She said attendance has been down at HAZARD.—In less than two weeks, Tony the museum lately, but she expects it will Whitaker will step down as CEO of First Fed- 100 YEARS OF MINING HISTORY DISPLAYED AT pick back up come August when the celebra- JENKINS MUSEUM eral Bancorp, the parent company of First tion begins in earnest. Federal Savings & Loan of Hazard, and dur- (By Marcie Crim) As Jenkins prepares to celebrate its 100th ing a reception on Thursday he expressed his With the City of Jenkins celebrating its birthday, the museum is the perfect place to admiration and appreciation to the city of centennial this year, there is much to learn dive in and begin exploring the history of Hazard, where he has made his home for the about the town’s history, and the David A. coal mining in Letcher County. You can past 15 years. Zegeer Coal-Railroad Museum is a good place leave with DVDs to watch at home, folk art Whitaker, who also served several years as to begin. made from lumps of shiny black coal, and president of the local chamber of commerce, In the fall of 1911, Consolidation Coal Com- postcards showing photos of the town’s con- will remain chairman of the company’s pany purchased 100,000 acres of coal lands in struction and subsequent boom years. You’ll board of directors. Don Jennings, the current Pike, Letcher, and Floyd counties from the also walk out with enough knowledge to CEO of the company’s Frankfort location, Northern Coal and Coke Company. A site make you want to start Googling the history will take on Whitaker’s role as chief execu- was selected for a town to be named in honor of Jenkins to find out more. tive officer, while Lou Ella Farler will be- of George C. Jenkins, one of the leading citi- Jenkins is a proud town with a singular come CEO of the Hazard First Federal bank, zens of Baltimore and a director of Consoli- story to tell—a story of building a town from a job for which she has been transitioning for dation Coal. By the time Jenkins was incor- scratch, digging it out of the earth to be set- the past few months. porated in 1912—containing the communities tled solely for the purpose of mining coal. First Federal in Hazard hosted a reception of Dunham, Burdine, Jenkins, and To contact the museum, phone 606–832–4676. for Whitaker in the bank’s lobby on Thurs- McRoberts—construction of the town was f day, during which he noted that the best of booming. TRIBUTE TO TONY WHITAKER his four decades of experience in the banking Consolidation Coal built Elkhorn Lake to business were spent in Perry County. supply water to run the turbines in a power Mr. MCCONNELL. Mr. President, it is ‘‘My best years have been with this bank plant. The company constructed several my honor to stand before you today to here in Hazard, and living in this town the businesses to serve the new residents of Jen- recognize an esteemed Kentuckian, Mr. last 15 years or so,’’ Whitaker said. kins—a bank, grocery store, sawmill, brick Tony Whitaker, on the occasion of his Whitaker plans to move to Louisville to be plant and a hospital that was built in 1915. recent retirement from the position of close to his daughter and grandchildren, but will remain active with the company as Also built were a bakery, drug store, post of- CEO of First Federal Bancorp this past fice, jail, hotel, recreation center, churches board chairman. The transition once he steps and schools. December. I speak for the communities down in Hazard will be seamless, he added, Jenkins was a town built to serve one pur- that Mr. Whitaker has served and and for the customer there shouldn’t be any pose—to mine the ‘‘Cavalier’’ coal that was worked in during his career when I say difference as the bank will continue to offer to become known as the best coal in Ken- that his desire to help others, work the same service and products. And he ex- tucky—and its history is on display at the diligently and contribute to the lives of pects the bank to continue to thrive with Zegeer Museum located on Main Street in those around him are certainly deserv- Farler serving as its CEO. the old train depot. ing of our respect and honor. ‘‘Through the year I’ve transitioned, and The museum is named in honor of a former Tony has worked as a banker in Lou Ella pretty much got hands on and made most of the decisions,’’ he said. employee of Consolidation Coal and its suc- Richmond, Louisville, and most re- cessor in Jenkins, Beth-Elkhorn Coal Corp. He added that were his family not living in Zegeer joined Consol in Jenkins in the late cently in Hazard, KY, where he held Louisville he’d likely remain in Hazard, and 1940s. When the company sold its Letcher the position of chief executive officer he expressed his appreciation to the people County operations to Bethlehem Steel in of First Federal Bancorp. According to here for welcoming him into the community 1956, Zegeer became division superintendent. Mr. Whitaker, his best years of the four when he arrived in the 1990s. He retired as manager of Beth-Elkhorn in decades spent in banking were spent at ‘‘I appreciate the good town I’ve had the 1977. First Federal, something that the peo- opportunity to live in, the boards that I’ve In 1983, Zegeer was confirmed as Assistant ple of Hazard would no doubt confirm. had and the people I’ve been able to work with,’’ he said, ‘‘and most of all our cus- Secretary of Labor for the U.S. Department His move to Louisville is motivated by of Mine Safety and Health Administration tomers.’’ (MSHA) in 1983, until retiring in 1987. Ac- a desire to be near family, but his as- Whitaker will step down as CEO on Decem- cording to Lois Greer, the current curator of surance that he will miss calling Haz- ber 31. the museum, Zegeer was ‘‘a company man, ard ‘‘home’’ is represented by his fond f but he really cared about the people in this memory of the welcoming community community.’’ he found upon his arrival in the 1990s. GUN VIOLENCE Zegeer also became interested in the his- Tony has been an indispensable pres- Mr. DURBIN. Mr. President, I rise to tory of Jenkins, and in conjunction with an- ence both in Hazard and at First Fed- speak about the problem of gun vio- other resident of Jenkins—Marshall Prunty, eral, and his strong leadership has pre- lence in America. Every day we lose president of Roberts and Schaeffer Co.—com- piled a videotape of the history of Jenkins pared the bank to thrive, allowing over 30 men, women and children in based on 145 photographs taken during the those he has invested in to continue his violent shooting deaths. More than years of 1911 through the early 1930s and var- legacy. He will continue to stay in- 11,000 Americans are murdered with ious publications and interviews with some volved by serving as the chairman of guns each year. That is more deaths

VerDate Mar 15 2010 04:18 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.001 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S757 each year than all the American lives Universal background checks will en- to Chicago. As Sandra Wortham said so lost in the 9/11 attacks . . . and the sure that those who are prohibited by eloquently in her testimony, ‘‘the fact Iraq war and the Afghanistan war com- law from buying a gun, like felons, fu- that my brother and father were armed bined. Every day provides some grim gitives, and the mentally ill, cannot that night did not prevent my brother reminder of the toll of gun violence in get one from a private seller at a gun from being killed. We need to do more our nation. And today marks yet an- show or over the Internet. Universal to keep guns out of the wrong hands in other sad anniversary. background checks are not controver- the first place. I don’t think that Five years ago today, on February 14, sial. In fact, the idea is supported by 74 makes us anti-gun, I think it makes us 2008, a gunman entered a lecture hall percent of the members of the NRA, ac- pro-decent, law abiding people.’’ on the campus of Northern Illinois Uni- cording to a poll conducted last year I agree with Sandra. We can take versity in DeKalb. The gunman opened by Republican pollster Frank Luntz. steps, consistent with our Constitution fire on the students gathered in the We should also stop the flood of new and the Second Amendment, to limit hall, taking the lives of five students military-style assault weapons onto access to dangerous weapons and keep and wounding 17 others. The five Illi- our streets. When you talk to hunters, them out of the hands of those prohib- noisans we lost that day were: Gayle they tell you that these kinds of weap- ited from using them. Dubowski, 20 years old, from Carol ons are not needed for hunting. And I believe the Wortham family de- Stream, who sang in her church choir these weapons are not designed for self- serves a vote here in the United States and enjoyed working as a camp coun- defense. These are weapons of aggres- Senate. They deserve a vote on com- selor; Catalina Garcia, of Cicero, age sion, designed to spray a large number mon sense reforms that would keep 20, who had a glowing smile and who of bullets in a short time with minimal guns out of the wrong hands. We owe hoped to be a teacher someday; Juliana reloading. And they were used to com- that to them, and I look forward to Gehant, of Mendota, age 32, a veteran mit mass slaughter in places like New- that vote. of the United States Army and Army town and Aurora. Our children and our Whether it strikes in a college lec- Reserve who also dreamed of becoming first responders should not have to face ture hall in DeKalb or on the sidewalks a teacher; Ryanne Mace, of these weapons of aggression. Surely we of the South Side of Chicago, gun vio- Carpentersville, only 19 years old, who can agree on reasonable limits for mili- lence is a tragedy. Today we mourn the aspired to work as a counselor so she tary-style assault weapons. loss of those taken from us at NIU 5 could help others; and Daniel We should also limit the capacity of years ago. And we mourn Thomas Parmenter, 20 years old, from West- ammunition magazines—to a level that Wortham and the tens of thousands of chester, a rugby player and a gentle allows for reasonable self-defense but other Americans we have lost in vio- giant who died trying to shield his that reduces the scope of carnage that lent shootings since that day. But the girlfriend from the shooter. a mass shooter can cause. This would time is coming soon when we will be This day was devastating for the have saved lives in Tucson and in other able to vote on measures to save fami- families of the victims, for the NIU mass shootings. lies from the suffering that the community, and for our nation. We We should crack down on the straw Worthams and so many others have ex- were heartbroken by the senseless mur- purchasers who buy guns and then give perienced. And I hope the Senate will ders of these young Americans who had them to criminals and other prohibited make those families proud. hopes and dreams and bright futures. purchasers. Straw purchasing fuels the f The Northern Illinois University com- criminal gun market, and it costs lives. munity came together in response to But right now federal law only allows THE TIME IS NOW the tragedy. They held each other straw purchasers to be charged with a Mr. LEVIN. Mr. President, as Presi- close, and continued to move ‘‘forward, paperwork violation for lying on the dent Obama reminded us in his State of together forward’’ in the words of the gun sale form. At the hearing I chaired the Union Address this week, 2 months Huskie fight song. But no family and earlier this week, we learned from U.S. have passed since the heartbreaking no community should have to suffer Attorney Timothy Heaphy of the West- school shooting in Newtown, CT. Since like this. And those who were scarred ern District of Virginia that these ‘‘pa- then, we have mourned the loss of the by the shooting but survived will never perwork prosecutions’’ are difficult to 20 wonderful children and 6 extraor- forget that day and never fully heal prove and usually carry only minor dinary adults who were murdered that from it. penalties. That is not good enough. We day. Their lives were taken by a men- There are things that we can do to need to create a strong deterrent to tally deranged individual who easily move forward together on this issue of these unlawful straw purchases so we obtained a semi-automatic military- gun violence. Just the other day I re- can stop this supply chain of guns to style assault rifle with a high capacity ceived an email from Patrick Korellis, criminals. ammunition magazine. of Gurnee, IL, who was in the NIU lec- At the hearing I chaired, we also It has been estimated that there are ture hall on that day 5 years ago. He heard powerful testimony from Sandra currently 18 million assault weapons in was shot in the head but survived. Pat- Wortham of the South Side of Chicago. circulation around the United States. rick wrote me because he believes Con- Sandra’s brother, Officer Thomas If no action is taken, this number will gress needs to act to prevent and re- Wortham the Fourth, was shot and continue to grow. Across our Nation, duce gun violence. He wrote in support killed by gang members on May 19, any dangerous individual can walk into of the proposals that the President has 2010, in front of his parents’ home. a gun show and walk out with the same put forward and that we will soon con- Thomas was a Chicago Police Officer, a type of weapon that the perpetrator in sider in the Senate Judiciary Com- community leader and a combat vet- Newtown used to murder so many inno- mittee. These proposals will not stop eran who had served two tours in Iraq. cent people. These weapons, along with every shooting in America. But they Some say that the answer to gun vio- high-capacity ammunition magazines, will stop many of them. And lives will lence in America is simply to arm can easily escalate confrontation into be saved if we can move forward and more good guys with guns so they can murder, petty crime into tragedy, and put them into effect. shoot back. But both Thomas Wortham a killing of one or two people into a We know what we need to do. Earlier and his father, a retired Chicago police massive slaughter. this week I chaired a hearing in the officer, were armed that night, and The weight of evidence shows that Subcommittee on the Constitution, they shot back at the men who pulled since Congress allowed the Federal as- Civil Rights and Human Rights to dis- a gun on Thomas. Even so, those men sault weapons ban to expire in 2004, the cuss ways we can protect our commu- killed Thomas Wortham with a straw- use of military style assault weapons nities from gun violence while respect- purchased handgun. in crime has surged around our Nation. ing the Second Amendment. We dis- These were men who were not al- For example, a 2010 study conducted by cussed a number of common sense pro- lowed to legally buy a handgun, but the Police Executive Research Forum posals. First, we need to have a system they got one all too easily on the found that since the ban lapsed, 37 per- of universal background checks for all streets—a gun that was straw pur- cent of police agencies have reported gun sales. This idea is a no-brainer. chased in Mississippi and trafficked up increases in criminals’ use of assault

VerDate Mar 15 2010 04:18 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.049 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S758 CONGRESSIONAL RECORD — SENATE February 14, 2013 weapons. A separate Washington Post purposes of the Congressional Review Act requirements of an agency and includes the analysis revealed that the ban was as- (CRA). The CRA is intended to keep Congress approval or prescription for the future of sociated with a 60 percent decline in informed of the rulemaking activities of fed- rates, wages, corporate or financial struc- eral agencies and provides that before a rule tures or reorganizations thereof, prices, fa- the number of guns with high-capacity can take effect, the agency must submit the cilities, appliances, services or allowances magazines recovered at Virginia crime rule to each House of Congress and the therefor or of valuations, costs, or account- scenes between 1998 and 2004. But since Comptroller General. For the reasons dis- ing, or practices bearing on any of the the ban expired in 2004, the number of cussed below, we conclude that the July 12, foregoing[.]’’ guns recovered with high-capacity 2012 Information Memorandum is a rule This definition of a rule has been said to magazines has more than doubled. A under the CRA. Therefore, it must be sub- include ‘‘nearly every statement an agency mitted to Congress and the Comptroller Gen- may make.’’ Department of Justice study of several The CRA identifies 3 exceptions from its cities found that high-capacity maga- eral before taking effect. BACKGROUND definition of a rule: (1) any rule of particular zines are used in 14 to 26 percent of gun applicability; (2) any rule relating to agency The Temporary Assistance for Needy Fam- crimes and in 31 to 41 percent of fatal management or personnel; or (3) any rule of ilies block grant, administered by the U.S. agency organization, procedure, or practice police shootings in the cities analyzed. Department of Health and Human Services, that does not substantially affect the rights It is long past time to take concrete provides federal funding to states for both or obligations of non-agency parties. 5 U.S.C. action to support our law enforcement traditional welfare cash assistance as well as 804(3). communities and to prevent more of a variety of other benefits and services to The definition of a rule under the CRA is these massacres. That is why I am a meet the needs of low-income families and very broad. See B–287557, May 14, 2001 (Con- cosponsor of the Assault Weapons Ban children. While states have some flexibility gress intended that the CRA should be broad- of 2013. By preventing the future pos- in implementing and administering their ly interpreted both as to type and scope of session, manufacture, sale and impor- state TANF programs, there are numerous rules covered). The CRA borrows the defini- federal requirements and guidelines that tation of assault type weapons and tion of a rule from 5 U.S.C. § 551, as opposed states must meet. For example, under sec- to the more narrow definition of legislative high-capacity ammunition magazines, tion 402 of the Social Security Act, in order this bill would stop the flood of these rules requiring notice and comment con- to be eligible to receive TANF funds, a state tained in 5 U.S.C. § 553. As a result, agency weapons of war into our communities. must submit to HHS a written plan out- pronouncements may be rules within the def- It would support law enforcement offi- lining, among other things, how it will im- inition of 5 U.S.C. § 551, and the CRA, even if cers across our Nation, who should not plement various aspects of its TANF pro- they are not subject to notice and comment be forced to confront lawbreakers gram. More specifically, under section rulemaking requirements under section 553. armed with military weapons. And it 402(a)(1)(A)(iii) of the Social Security Act, See B–316048, April 17, 2008 (the breadth of the written plan must outline how the state would protect the rights of hunters by the term ‘‘rule’’ reaches agency pronounce- will ensure that TANF recipients engage in ments beyond those that require notice and specifically naming thousands of fire- work activities. Under section 407 of the So- arms with legitimate sporting, senti- comment rulemaking) and B–287557, cited cial Security Act, states must also ensure above. In addition to the plain language of mental or other value that would re- that a specified percentage of their TANF re- the CRA, the legislative history confirms main legal to possess. cipients engage in work activities as defined that it is intended to include within its pur- Mr. President, we must face reality. by federal law. view almost all rules that an agency issues In its July 12 Information Memorandum, We live in a nation trapped in an epi- and not only those rules that must be pro- HHS notified states of HHS’ willingness to mulgated according to the notice and com- demic of gun violence. Where a day at exercise its waiver authority under section ment requirements in section 553 of the APA. the mall or a trip to the movies can be- 1115 of the Social Security Act. Under sec- In his floor statement during final consider- come a nightmare. Where parents send tion 1115, HHS has the authority to waive ation of the bill, Representative McIntosh, a their children to school and have to compliance with the requirements of section principal sponsor of the legislation, empha- 402 in the case of experimental, pilot, or worry about whether they will come sized this point: home. demonstration projects which the Secretary ‘‘Although agency interpretive rules, gen- Is this the Nation we want, or the determines are likely to assist in promoting eral statements of policy, guideline docu- Nation we want to leave to our chil- the objectives of TANF. In its Information ments, and agency policy and procedure Memorandum, HHS asserted that it has the dren? We must not wait for the next manuals may not be subject to the notice authority to waive the requirement in sec- and comment provisions of section 553(c) of madman to easily and legally purchase tion 402(a)(1)(A)(iii) and authorize states to a military-style assault weapon and a title 5, United States Code, these types of ‘‘test approaches and methods other than documents are covered under the congres- high capacity magazine. I urge my col- those set forth in section 407,’’ including sional review provisions of the new chapter 8 leagues to protect the American people definitions of work activities and the cal- of title 5. by enacting measures to stem the tide culation of participation rates. HHS in- Under section 801(a), covered rules, with of gun tragedies. It is long past time formed states that it would use this waiver very few exceptions, may not go into effect for this kind of violence to end. authority to allow states to test various until the relevant agency submits a copy of strategies, policies, and procedures designed the rule and an accompanying report to both f to improve employment outcomes for needy Houses of Congress. Interpretive rules, gen- TANF families. The Information Memorandum sets eral statements of policy, and analogous forth requirements that must be met for a agency policy guidelines are covered without Mr. HATCH. Mr. President, I ask waiver request to be considered by HHS, in- qualification because they meet the defini- unanimous consent to have printed in cluding an evaluation plan, a set of perform- tion of a ‘rule’ borrowed from section 551 of the RECORD the GAO opinion letter ance measures that states will track to mon- title 5, and are not excluded from the defini- dated September 4, 2012, and the TANF itor ongoing performance and outcomes, and tion of a rule.’’ Information Memorandum dated July a budget including the costs of program eval- On its face, the July 12 Information Memo- uation. In addition, the Information Memo- randum falls within the definition of a rule 12, 2012. randum provides that states must seek pub- There being no objection, the mate- under the APA definition incorporated into lic input on the proposal prior to approval by the CRA. First, consistent with our prior de- rial was ordered to be printed in the HHS. cisions, we look to the scope of the agency’s RECORD, as follows: ANALYSIS action to determine whether it is a general U.S. GOVERNMENT The definition of ‘‘rule’’ in the CRA incor- statement of policy or an interpretation of ACCOUNTABILITY OFFICE, porates by reference the definition of ‘‘rule’’ law of general applicability. That determina- Washington, DC, September 4, 2012. in the Administrative Procedure Act (APA), tion does not require a finding that it has Hon. ORRIN HATCH, with some exceptions. Therefore, our anal- general applicability to the population as a Ranking Member, Committee on Finance, U.S. ysis of whether the July 12 Information whole; instead, all that is required is that it Senate. Memorandum is a rule under the CRA in- has general applicability within its intended Hon. DAVE CAMP, volves determining whether it is rule under range. See B–287557, cited above (a record of Chairman, Committee on Ways and Means, the APA and whether it falls within any of decision affecting the issues of water flow in House of Representatives. the exceptions contained in the CRA. The two rivers was a general statement of policy By letter of July 31, 2012, you asked wheth- APA defines a rule as follows: with general applicability within its in- er an Information Memorandum issued by ‘‘[T]he whole or a part of an agency state- tended range). Applying these principles, we the Department of Health and Human Serv- ment of general or particular applicability have held that a letter released by the Cen- ices (HHS) on July 12, 2012 concerning the and future effect designed to implement, in- ters for Medicare and Medicaid Services to Temporary Assistance for Needy Families terpret, or prescribe law or policy or describ- state health officials concerning the State (TANF) program constitutes a rule for the ing the organization, procedure, or practice Children’s Health Insurance Program

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.048 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S759 (SCHIP) was of general applicability because the purposes of the CRA and HHS cites no retary of the Department of Health and it extended to all states that sought to en- support for this position. The definition of Human Services (HHS) to consider and ap- roll children with family incomes exceeding ‘‘rule’’ is expansive and specifically includes prove experimental, pilot, or demonstration 250 percent of the federal poverty level in documents that implement or interpret law projects which, in the Secretary’s judgment, their SCHIP programs, as well as all states or policy. This is exactly what the HHS In- are likely to assist in promoting the objec- that had already enrolled such children. formation Memorandum does. It interprets tives of Title IV-A. Section 1115 allows for Similarly, the July 12 Information Memo- section 402(a) and section 1115 to permit waiver of compliance with section 402 of the randum is of general, rather than particular, waivers for a demonstration program HHS is Social Security Act to the extent and for the applicability because it extends to all states initiating. We have held that agency guid- period necessary to enable a state to carry administering Temporary Assistance for ance, including guidance characterized as out an approved project. The statute also Needy Families (TANF) programs that seek non-binding, constitutes a rule under the provides authority for costs of such projects a waiver for a demonstration project. CRA. See B–281575, cited above. In addition, which would not otherwise be an allowable Next we must determine whether the ac- the legislative history of the CRA specifi- use of funds under Part A of Title IV to be tion is prospective in nature, that is, wheth- cally includes guidance documents as an ex- regarded as an allowable use of funds, to the er it is concerned with policy considerations ample of an agency pronouncement subject extent and for the period approved. for the future and not with the evaluation of to the CRA. A joint statement for the record As specified in statute, the purpose of Part past conduct. In B–316048, we held that the by Senators Nickles, Reid, and Stevens, sub- A is to increase the flexibility of states in SCHIP letter was intended to clarify and ex- mitted to the Congressional Record upon en- operating a program designed to: (1) provide plain the manner in which CMS applies stat- actment of the CRA, details four categories assistance to needy families so that children utory and regulatory requirements to states of rules covered by the definition in section may be cared for in their own homes or in that wanted to extend coverage under the 551. These categories include formal rule- the homes of relatives; (2) end the depend- SCHIP programs. Similarly, the July 12 In- making under sections 556 and 557, notice- ence of needy parents on government bene- formation Memorandum is concerned with and-comment rulemaking under section 553, fits by promoting job preparation, work, and authorizing demonstration projects in the statements of general policy and interpreta- future, rather than the evaluation of past or marriage; (3) prevent and reduce the inci- tions of general applicability under section present demonstration projects. Specifically, dence of out-of-wedlock pregnancies and es- 552, and ‘‘a body of materials that fall within the Information Memorandum informs tablish annual numerical goals for pre- the APA definition of a ‘rule’ . . . but that states that HHS will use its statutory au- venting and reducing the incidence of these thority to consider waiver requests, and sets meet none of procedural specifications of the pregnancies; and (4) encourage the formation out requirements that waiver requests must first three classes. These include guidance and maintenance of two-parent families. meet. Accordingly, it is designed to imple- documents and the like.’’ Finally, while HHS Purpose: HHS is encouraging states to con- ment, interpret, or prescribe law or policy. may have informally notified the cited Con- sider new, more effective ways to meet the In addition, the Information Memorandum gressional committees of the issuance of the goals of TANF, particularly helping parents does not fall within any of the three exclu- Information Memorandum, informal notifi- successfully prepare for, find, and retain em- sions for a rule under the CRA. As discussed cation does not meet the reporting require- ployment. Therefore, HHS is issuing this in- above, the Information Memorandum applies ments of the CRA. formation memorandum to notify states of to all states that administer TANF pro- CONCLUSION the Secretary’s willingness to exercise her grams, and therefore is of general applica- We find that the July 12 Information waiver authority under section 1115 of the bility, rather than particular applicability. Memorandum issued by HHS is a statement Social Security Act to allow states to test The Information Memorandum applies to the of general applicability and future effect, de- alternative and innovative strategies, poli- states, and does not relate to agency man- signed to implement, interpret, or prescribe cies, and procedures that are designed to im- agement or personnel. Finally, the Informa- law or policy with regard to TANF. Further- prove employment outcomes for needy fami- tion Memorandum sets out the criteria by more, it does not come within any of the ex- lies. which states may apply for waivers from cer- ceptions to the definition of rule contained States led the way on welfare reform in the tain requirements of the TANF program. in the CRA. Accordingly, the Information 1990s—testing new approaches and learning These criteria affect the obligations of the Memorandum is a rule under the Congres- what worked and what did not. The Sec- states, which are non-agency parties. sional Review Act. retary is interested in using her authority to GAO has consistently emphasized the We note that this opinion is limited to the approve waiver demonstrations to challenge broad scope of the definition of ‘‘rule’’ in the issue of whether the Information Memo- states to engage in a new round of innova- CRA in determining the applicability of the randum is a rule under the CRA. We are not tion that seeks to find more effective mecha- CRA to an agency document. Other docu- expressing an opinion on the applicability of nisms for helping families succeed in em- ments deemed to be rules include letters, any other legal requirements, including, but ployment. In providing for these demonstra- records of decision, booklets, interim guid- not limited to, notice and comment rule- tions, HHS will hold states accountable by ance, and memoranda. See, for example, B– making requirements under the APA, or requiring both a federally-approved evalua- 316048, April 17, 2008 (a letter released by the whether the Information Memorandum tion and interim performance targets that Centers for Medicare & Medicaid Services of would be a valid exercise or interpretation of ensure an immediate focus on measurable HHS concerning a State Children’s Health statutes or regulations. outcomes. States must develop evaluation Insurance Program measure, to ensure that Accordingly, given our conclusions above, plans that are sufficient to evaluate the ef- coverage under a state plan does not sub- and in accordance with the provisions of 5 fect of the proposed approach in furthering a stitute for coverage under group health U.S.C. 801(a)(1), the Information Memo- TANF purpose as well as interim targets the plans, described by the agency as a general randum is subject to the requirement that it state commits to achieve. States that fail to statement of policy, was a rule) and B–287557, be submitted to both Houses of Congress and meet interim outcome targets will be re- May 14, 2001 (a ‘‘record of decision’’ issued by the Comptroller General before it can take quired to develop an improvement plan and the Fish and Wildlife Service of the Depart- effect. can face termination of the waiver project. ment of Interior in connection with a federal If you have any questions concerning this The demonstration authority provided by irrigation project was a rule). opinion, please contact Edda Emmanuelli section 1115 and sound evaluation of ap- Finally, the cases where we have found Perez, Managing Associate General Counsel. proved projects will provide valuable knowl- that an agency pronouncement was not a LYNN H. GIBSON, edge that will help lead to improvements in rule involved facts that are clearly distin- General Counsel. achieving the purposes of the TANF pro- guishable from the July 12 Information gram. Memorandum. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES We requested the views of the General Information: Scope of Authority. Section INFORMATION MEMORANDUM Counsel of HHS on whether the July 12 Infor- 1115 authorizes waivers concerning section mation Memorandum is a rule for purposes U.S. Department of Health and Human Serv- 402. Accordingly, other provisions of the of the CRA by letter dated August 3, 2012. ices, Administration for Children and Fam- TANF statute are not waivable. For exam- HHS responded on August 31, 2012, stating ilies, Office of Family Assistance, Wash- ple, the purposes of TANF are not waivable, that the Information Memorandum was ington, DC. because they are contained in section 401. issued as a non-binding guidance document, Transmittal No. TANF–ACF–IM–2012–03, July The prohibitions on assistance are not and that HHS contends that guidance docu- 12, 2012 waivable, because they are contained in sec- ments do not need to be submitted pursuant To: States administering the Temporary tion 408. to the CRA. Furthermore, HHS notes that it Assistance for Needy Families (TANF) Pro- While the TANF work participation re- informally notified Congress by providing gram and other interested parties quirements are contained in section 407, sec- notice to the Majority and Minority staff Subject: Guidance concerning waiver and tion 402(a)(1)(A)(iii) requires that the state members of the House Ways and Means Com- expenditure authority under Section 1115 plan ‘‘[e]nsure that parents and caretakers mittee and Senate Finance Committee on Reference: Section 1115 of the Social Secu- receiving assistance under the program en- the day the Information Memorandum was rity Act. [42 U.S.C. 1315]; Section 402 of the gage in work activities in accordance with issued. Social Security Act. [42 U.S.C. 602] section 407.’’ Thus, HHS has authority to We cannot agree with HHS’s conclusion Background: Section 1115 of the Social Se- waive compliance with this 402 requirement that guidance documents are not rules for curity Act provides authority for the Sec- and authorize a state to test approaches and

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.032 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S760 CONGRESSIONAL RECORD — SENATE February 14, 2013 methods other than those set forth in sec- Projects that improve collaboration with A state will need to develop and submit a tion 407, including definitions of work activi- the workforce and/or post-secondary edu- budget that includes the costs of program ties and engagement, specified limitations, cation systems to test multi-year career evaluation. TANF and state MOE funds can verification procedures, and the calculation pathways models for TANF recipients that be used for the costs of evaluation, including of participation rates. As described below, combine learning and work. third party contributions counting toward however, HHS will only consider approving Projects that demonstrate strategies for meeting a state’s MOE requirement. waivers relating to the work participation more effectively serving individuals with dis- HHS recognizes the importance of public requirements that make changes intended to abilities, along with an alternative approach input into the process of developing and im- lead to more effective means of meeting the to measuring participation and outcomes for plementing a waiver demonstration project. work goals of TANF. individuals with disabilities. Therefore, the state must provide the public Moreover, HHS is committed to ensuring Projects that test the impact of a com- with a meaningful opportunity to provide that any demonstration projects approved prehensive universal engagement system in input into the decision-making process prior under this authority will be focused on im- lieu of certain participation rate require- to the time a proposal is approved by HHS. proving employment outcomes and contrib- ments. Further guidance concerning this require- uting to the evidence base for effective pro- Projects that test systematically extend- ment will be forthcoming. grams; therefore, terms and conditions will ing the period in which vocational edu- Waivers are subject to HHS and Office of require a federally-approved evaluation plan cational training or job search/readiness pro- Management and Budget (OMB) approval and designed to build our knowledge base. TANF grams count toward participation rates, ei- terms and conditions may include additional funds may be used to fund an approved eval- ther generally or for particular subgroups, requirements, such as site visits, before im- uation and state funds spent on an approved such as an extended training period for those plementation. evaluation may be considered state mainte- pursuing a credential. The purpose of such a Terms and conditions will require periodic nance-of-effort (MOE) expenditures. In addi- waiver would be to determine through eval- reporting on how the implementation and tion, terms and conditions will require either uation whether a program that allows for operation of the demonstration is pro- interim targets for each performance meas- longer periods in certain activities improves gressing, including reporting on the perform- ure or a strategy for establishing baseline employment outcomes. ance measures, in addition to evaluation re- performance on a set of performance meas- Note that this is not a comprehensive list, ports. To support learning and knowledge de- and HHS will consider other projects con- ures and a framework for how interim goals velopment, ACF staff may conduct on-site sistent with the statute and the guidance will be set after the baseline measures are visits to observe demonstration operations provided in this IM. HHS is especially inter- established. The terms and conditions will and meet with relevant managers and staff. establish consequences for failing to meet in- ested in testing approaches that build on ex- Inquiries: Inquiries and applications for terim performance targets including, but not isting evidence on successful strategies for projects involving waiver requests should be limited to, the implementation of an im- improving employment outcomes. directed to the appropriate Regional TANF Waiver requests must include an evalua- provement plan and, if the failure to meet Program Manager. tion plan. In order to provide the strongest performance targets continues, termination EARL S. JOHNSON, evidence about the effectiveness of the dem- of the waivers and demonstration project. Director, Office of Family Assistance. HHS Priorities. In exercising her broad dis- onstration, the preferred evaluation ap- proach is a random assignment methodology, cretion for waivers, the Secretary is inter- JULY 12, 2012. unless the Secretary determines that an al- ested in approaches that seek to improve em- DEAR STATE HUMAN SERVICE OFFICIAL: ternative approach is more appropriate in ployment outcomes. Accordingly: Today, the Administration for Children and light of the demonstration proposed. All Waivers will be granted only for provisions Families’ Office of Family Assistance issued evaluation plans and funds to support them related to section 402. an Information Memorandum that informs must reflect an adequate level of effort and The purposes of TANF, the prohibitions states that the Department of Health and sound methods to produce credible findings. contained in section 408 (including the time Human Services will use its statutory au- ACF anticipates actively engaging with limits on assistance contained in that sec- thority to consider waiver requests that states to ensure that evaluation plans are tion), or any other provision of TANF other strengthen the Temporary Assistance for appropriate in light of the nature of the dem- than those specified in section 402 will not be Needy Families (TANF) program. This Infor- onstration and that the evaluation findings waived. mation Memorandum reflects the Depart- The Secretary will not approve a waiver can reasonably be expected to provide infor- ment’s commitment to provide states, tribes, for an initiative that appears substantially mation that will enhance understanding of and territories with more flexibility to inno- likely to reduce access to assistance or em- whether the initiative was successful in fur- ployment for needy families. thering HHS priorities. ACF staff members vate in the TANF program with the goal of The Secretary will not use her authority are available to work collaboratively with helping more families find jobs and move to- to allow use of TANF funds to provide assist- states to develop further or refine the eval- ward self-sufficiency. On February 28, 2011, President Obama ance to individuals or families subject to the uation plan. TANF prohibitions on assistance. Waiver requests must include a set of per- issued a Presidential Memorandum that di- The Secretary will not waive section formance measures that states will track to rected federal agencies ‘‘to work closely with 402(a)(5) relating to requirements to provide monitor ongoing performance and outcomes state, local, and tribal governments to iden- equitable access to Indians. throughout the length of the demonstration tify administrative, regulatory, and legisla- Waiver demonstration projects may be project, along with the evaluation. Waiver tive barriers in Federally funded programs conducted in limited geographic areas or applications must specify interim targets for that currently prevent states, localities, and statewide. The Administration for Children each performance measure, including a tribes, from efficiently using tax dollars to and Families (ACF) is interested in more ef- framework for how often the measures will achieve the best results for their constitu- ficient or effective means to promote em- be reported, or a strategy for establishing ents.’’ ployment entry, retention, advancement, or baseline performance on a set of performance The Administration for Children and Fami- access to jobs that offer opportunities for measures and a framework for how interim lies took this charge seriously and held a se- earnings and advancement that will allow goals will be set after the baseline measures ries of consultation meetings with states, participants to avoid dependence on govern- are established. Performance measures must tribes, and territories on a variety of topics ment benefits. The following are examples of be designed to track improvement across the including TANF. During those consultations, projects that states may want to consider— entire set of families targeted as well as ap- many jurisdictions expressed a strong inter- these are illustrative only: propriate subgroups. In developing the final est in greater flexibility in TANF and indi- Projects that improve coordination with terms and conditions for an approved waiver, cated that greater flexibility could be used other components of the workforce invest- ACF will work with the state to further re- by states to improve program effectiveness. ment system, including programs operated fine the appropriate performance measures We also heard concerns that some TANF under the Workforce Investment Act, or to and interim targets as needed. All approved rules stifle innovation and focus attention test an innovative approach to use perform- waivers will include a provision that requires on paperwork rather than helping parents ance-based contracts and management in timely reporting to HHS on the agreed upon find jobs. States offered a range of sugges- order to improve employment outcomes. performance measures and progress toward tions for ways in which expanded flexibility Projects that demonstrate attainment of meeting established interim targets. States could lead to more effective employment superior employment outcomes if a state is that fail to meet interim targets will be re- outcomes for families. Two states—Utah and held accountable for negotiated employment quired to develop improvement plans. Re- Nevada—submitted written comments that outcomes in lieu of participation rate re- peated failure to meet performance bench- specifically identified waivers as one mecha- quirements. marks may lead to the termination of the nism for testing new approaches to pro- Projects under which a state would count waiver demonstration pilot. moting employment and self-sufficiency, and individuals in TANF-subsidized jobs but no The request must specify the proposed a number of others states—including Cali- longer receiving TANF assistance toward length of time for the demonstration project. fornia, Connecticut, and Minnesota—have participation rates for a specified period of The final terms and conditions will specify asked about the potential for waivers. time in conjunction with an evaluation of the approved length of the project. Absent As described in more detail in the Informa- the effectiveness of a subsidized jobs strat- special circumstances, the length of an ap- tion Memorandum, the Social Security Act egy. proved project will not exceed five years. provides the Secretary of the Department of

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.032 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S761 Health and Human Services with the author- COMMITTEE ON ENVIRONMENT AND fense or the confidential conduct of the for- ity to grant states waivers of certain TANF PUBLIC WORKS eign relations of the United States; provisions for the purpose of testing new ap- Jurisdiction (2) relate solely to matters of committee proaches to meeting the goals of the TANF Rule XXV, Standing Rules of the Senate staff personnel or internal staff management statute. The Secretary is interested in using 1. The following standing committees shall or procedure; or her authority to allow states to test alter- be appointed at the commencement of each (3) constitute any other grounds for clo- native and innovative strategies, policies, Congress, and shall continue and have the sure under paragraph 5(b) of Senate Rule and procedures that are designed to improve power to act until their successors are ap- XXVI. employment outcomes for needy families. pointed, with leave to report by bill or other- (e) BROADCASTING: The statute does not permit tribes to receive wise on matters within their respective ju- (1) Public meetings of the committee or a waivers under Section 1115, however we are risdictions: subcommittee may be televised, broadcast, committed to using the underlying flexi- * * * * * * or recorded by a member of the Senate press bility in federal law to help tribes innovate gallery or an employee of the Senate. in their programs. * (h)(1) Committee on Environment and Pub- (2) Any member of the Senate Press Gal- TANF Waiver demonstration projects lery or employee of the Senate wishing to under Section 1115 must be accompanied by a lic Works, to which committee shall be re- ferred all proposed legislation, messages, pe- televise, broadcast, or record a committee high quality evaluation plan, which is crit- meeting must notify the staff director or the ical to ensuring that the pilots result in rig- titions, memorials, and other matters relat- ing to the following subjects: staff director’s designee by 5:00 p.m. the day orous evidence about what works and what 1. Air pollution. before the meeting. doesn’t in order to inform future decisions 2. Construction and maintenance of high- (3) During public meetings, any person made by policymakers at the federal, state, ways. using a camera, microphone, or other elec- tribal, territorial, and local levels. In addi- 3. Environmental aspects of Outer Conti- tronic equipment may not position or use tion, states that apply for a waiver must nental Shelf lands. the equipment in a way that interferes with identify interim performance targets that 4. Environmental effects of toxic sub- the seating, vision, or hearing of committee will be used to hold states accountable for stances, other than pesticides. members or staff on the dais, or with the or- improving outcomes for families. We will 5. Environmental policy. derly process of the meeting. work with states interested in developing 6. Environmental research and develop- waiver demonstration projects to design ment. RULE 2. QUORUMS these performance measures and targets. 7. Fisheries and wildlife. (a) BUSINESS MEETINGS: At committee 8. Flood control and improvements of riv- The Information Memorandum outlines business meetings, and for the purpose of ap- ers and harbors, including environmental as- the types of waivers that will and will not be proving the issuance of a subpoena or ap- pects of deepwater ports. proving a committee resolution, one third of considered. The Secretary is only interested 9. Noise pollution. in approving waivers if the state can explain 10. Nonmilitary environmental regulation the members of the committee, at least two in a compelling fashion why the proposed ap- and control of nuclear energy. of whom are members of the minority party, proach may be a more efficient or effective 11. Ocean dumping. constitute a quorum, except as provided in means to promote employment entry, reten- 12. Public buildings and improved grounds subsection (d). tion, advancement, or access to jobs that of the United States generally, including (b) SUBCOMMITTEE MEETINGS: At sub- offer opportunities for earnings and advance- Federal buildings in the District of Colum- committee business meetings, a majority of ment that will allow participants to avoid bia. the subcommittee members, at least one of dependence on government benefits. 13. Public works, bridges, and dams. whom is a member of the minority party, States have shown their ability to inno- 14. Regional economic development. constitutes a quorum for conducting busi- vate in ways that help parents find jobs. In 15. Solid waste disposal and recycling. ness. 16. Water pollution. 2009 and 2010, 42 states used the TANF Emer- 17. Water resources. (c) CONTINUING QUORUM: Once a quorum as gency Fund authorized under the American (2) Such committee shall also study and re- prescribed in subsections (a) and (b) has been Recovery and Reinvestment Act to create view, on a comprehensive basis, matters re- established, the committee or subcommittee 260,000 subsidized jobs for jobless parents and lating to environmental protection and re- may continue to conduct business. disadvantaged youth. Over a short period of source utilization and conservation, and re- (d) REPORTING: No measure or matter may time, states exhibited enormous creativity port thereon from time to time. be reported to the Senate by the committee as they developed new subsidized employ- RULES OF PROCEDURE unless a majority of committee members ment initiatives that responded to an urgent cast votes in person. RULE 1. COMMITTEE MEETINGS IN GENERAL need for jobs in communities across the (e) HEARINGS: One member constitutes a country. (a) REGULAR MEETING DAYS: For purposes quorum for conducting a hearing. of complying with paragraph 3 of Senate It is critical that we work together to de- RULE 3. HEARINGS velop effective employment strategies that Rule XXVI, the regular meeting day of the prepare workers for the jobs of the 21st cen- committee is the first and third Thursday of (a) ANNOUNCEMENTS: Before the committee tury. We stand ready to work with states in- each month at 10:00 a.m. If there is no busi- or a subcommittee holds a hearing, the chair terested in developing innovative demonstra- ness before the committee, the regular meet- of the committee or subcommittee shall tion projects that test new approaches to ing shall be omitted. make a public announcement and provide (b) ADDITIONAL MEETINGS: The chair may helping parents succeed in the labor market. notice to members of the date, place, time, call additional meetings, after consulting and subject matter of the hearing. The an- Sincerely, with the ranking minority member. Sub- nouncement and notice shall be issued at GEORGE SHELDON, committee chairs may call meetings, with least one week in advance of the hearing, un- Acting Assistant Secretary. the concurrence of the chair, after con- less the chair of the committee or sub- sulting with the ranking minority members committee, with the concurrence of the f of the subcommittee and the committee. ranking minority member of the committee (c) PRESIDING OFFICER: or subcommittee, determines that there is COMMITTEE ON ENVIRONMENT (1) The chair shall preside at all meetings good cause to provide a shorter period, in of the committee. If the chair is not present, AND PUBLIC WORKS which event the announcement and notice the ranking majority member shall preside. shall be issued at least twenty-four hours in (2) Subcommittee chairs shall preside at advance of the hearing. all meetings of their subcommittees. If the (b) STATEMENTS OF WITNESSES: subcommittee chair is not present, the rank- RULES OF PROCEDURE ing majority member of the subcommittee (1) A witness who is scheduled to testify at shall preside. a hearing of the committee or a sub- Mrs. BOXER. Mr. President, the committee shall file 100 copies of the written Committee on Environment and Public (3) Notwithstanding the rule prescribed by paragraphs (1) and (2), any member of the testimony at least 48 hours before the hear- Works has adopted rules governing its committee may preside at a hearing. ing. If a witness fails to comply with this re- procedures for the 113th Congress. Pur- (d) OPEN MEETINGS: Meetings of the com- quirement, the presiding officer may pre- suant to Rule XXVI, paragraph 2, of mittee and subcommittees, including hear- clude the witness’ testimony. This rule may the Standing Rules of the Senate, I ask ings and business meetings, are open to the be waived for field hearings, except for wit- unanimous consent that a copy of the public. A portion of a meeting may be closed nesses from the Federal Government. Committee rules be printed in the to the public if the committee determines by (2) Any witness planning to use at a hear- roll call vote of a majority of the members ing any exhibit such as a chart, graph, dia- RECORD. present that the matters to be discussed or gram, photo, map, slide, or model must sub- There being no objection, the mate- the testimony to be taken— mit one identical copy of the exhibit (or rep- rial was ordered to be printed in the (1) will disclose matters necessary to be resentation of the exhibit in the case of a RECORD, as follows: kept secret in the interests of national de- model) and 100 copies reduced to letter or

VerDate Mar 15 2010 04:18 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.032 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S762 CONGRESSIONAL RECORD — SENATE February 14, 2013 legal paper size at least 48 hours before the RULE 7. STATUTORY RESPONSIBILITIES AND and Forestry has adopted rules gov- hearing. Any exhibit described above that is OTHER MATTERS erning its procedures for the 113th Con- not provided to the committee at least 48 (a) ENVIRONMENTAL IMPACT STATEMENTS: gress. Pursuant to Rule XXVI, para- hours prior to the hearing cannot be used for No project or legislation proposed by any ex- graph 2, of the Standing Rules of the purpose of presenting testimony to the com- ecutive branch agency may be approved or Senate, on behalf of myself and Sen- mittee and will not be included in the hear- otherwise acted upon unless the committee ing record. has received a final environmental impact ator COCHRAN, I ask unanimous consent (3) The presiding officer at a hearing may statement relative to it, in accordance with that a copy of the Committee rules be have a witness confine the oral presentation section 102(2)(C) of the National Environ- printed in the RECORD. to a summary of the written testimony. mental Policy Act, and the written com- There being no objection, the mate- (4) Notwithstanding a request that a docu- ments of the Administrator of the Environ- rial was ordered to be printed in the ment be embargoed, any document that is to mental Protection Agency, in accordance RECORD, as follows: be discussed at a hearing, including, but not with section 309 of the Clean Air Act. This RULES OF THE COMMITTEE ON AGRI- limited to, those produced by the General rule is not intended to broaden, narrow, or Accounting Office, Congressional Budget Of- CULTURE, NUTRITION, AND FORESTRY, otherwise modify the class of projects or leg- 113TH CONGRESS fice, Congressional Research Service, a Fed- islative proposals for which environmental eral agency, an Inspector General, or a non- impact statements are required under sec- RULE I—MEETINGS governmental entity, shall be provided to all tion 102(2)(C). 1.1 Regular Meetings.—Regular meetings members of the committee at least 72 hours (b) PROJECT APPROVALS: shall be held on the first and third Wednes- before the hearing. (1) Whenever the committee authorizes a day of each month when Congress is in ses- RULE 4. BUSINESS MEETINGS: NOTICE AND project under Public Law 89–298, the Rivers sion. FILING REQUIREMENTS and Harbors Act of 1965; Public Law 83–566, 1.2 Additional Meetings.—The Chairman, (a) NOTICE: The chair of the committee or the Watershed Protection and Flood Preven- in consultation with the ranking minority the subcommittee shall provide notice, the tion Act; or Public Law 86–249, the Public member, may call such additional meetings agenda of business to be discussed, and the Buildings Act of 1959, as amended; the chair- as he deems necessary. text of agenda items to members of the com- man shall submit for printing in the CON- 1.3 Notification.—In the case of any meet- mittee or subcommittee at least 72 hours be- GRESSIONAL RECORD, and the committee shall ing of the committee, other than a regularly fore a business meeting. If the 72 hours falls publish periodically as a committee print, a scheduled meeting, the clerk of the com- over a weekend, all materials will be pro- report that describes the project and the rea- mittee shall notify every member of the vided by close of business on Friday. sons for its approval, together with any dis- committee of the time and place of the meet- (b) AMENDMENTS: First-degree amendments senting or individual views. ing and shall give reasonable notice which, must be filed with the chair of the com- (2) Proponents of a committee resolution except in extraordinary circumstances, shall mittee or the subcommittee at least 24 hours shall submit appropriate evidence in favor of be at least 24 hours in advance of any meet- before a business meeting. After the filing the resolution. ing held in Washington, DC, and at least 48 deadline, the chair shall promptly distribute (c) BUILDING PROSPECTUSES: hours in the case of any meeting held outside (1) When the General Services Administra- all filed amendments to the members of the Washington, DC. tion submits a prospectus, pursuant to sec- committee or subcommittee. 1.4 Called Meeting.—If three members of tion 7(a) of the Public Buildings Act of 1959, (c) MODIFICATIONS: The chair of the com- the committee have made a request in writ- mittee or the subcommittee may modify the as amended, for construction (including con- ing to the Chairman to call a meeting of the notice and filing requirements to meet spe- struction of buildings for lease by the gov- committee, and the Chairman fails to call cial circumstances, with the concurrence of ernment), alteration and repair, or acquisi- such a meeting within 7 calendar days there- the ranking member of the committee or tion, the committee shall act with respect to after, including the day on which the written subcommittee. the prospectus during the same session in notice is submitted, a majority of the mem- which the prospectus is submitted. RULE 5. BUSINESS MEETINGS: VOTING bers may call a meeting by filing a written A prospectus rejected by majority vote of notice with the clerk of the committee who (a) PROXY VOTING: the committee or not reported to the Senate (1) Proxy voting is allowed on all meas- shall promptly notify each member of the during the session in which it was submitted committee in writing of the date and time of ures, amendments, resolutions, or other mat- shall be returned to the General Services Ad- ters before the committee or a sub- the meeting. ministration and must then be resubmitted 1.5 Adjournment of Meetings.—The Chair- committee. in order to be considered by the committee (2) A member who is unable to attend a man of the committee or a subcommittee during the next session of the Congress. shall be empowered to adjourn any meeting business meeting may submit a proxy vote (2) A report of a building project survey of the committee or a subcommittee if a on any matter, in writing, orally, or through submitted by the General Services Adminis- quorum is not present within 15 minutes of personal instructions. tration to the committee under section 11(b) the time scheduled for such meeting. (3) A proxy given in writing is valid until of the Public Buildings Act of 1959, as revoked. A proxy given orally or by personal amended, may not be considered by the com- RULE 2—MEETINGS AND HEARINGS IN GENERAL instructions is valid only on the day given. mittee as being a prospectus subject to ap- 2.1 Open Sessions.—Business meetings and (b) SUBSEQUENT VOTING: Members who were proval by committee resolution in accord- hearings held by the committee or any sub- not present at a business meeting and were ance with section 7(a) of that Act. A project committee shall be open to the public except unable to cast their votes by proxy may described in the report may be considered for as otherwise provided for in Senate Rule record their votes later, so long as they do so committee action only if it is submitted as a XXVI, paragraph 5. that same business day and their vote does prospectus in accordance with section 7(a) 2.2 Transcripts.—A transcript shall be kept not change the outcome. and is subject to the provisions of paragraph of each business meeting and hearing of the (c) PUBLIC ANNOUNCEMENT: (1) of this rule. committee or any subcommittee unless a (1) Whenever the committee conducts a (d) NAMING PUBLIC FACILITIES: The com- majority of the committee or the sub- rollcall vote, the chair shall announce the mittee may not name a building, structure committee agrees that some other form of results of the vote, including a tabulation of or facility for any living person, except permanent record is preferable. the votes cast in favor and the votes cast former Presidents or former Vice Presidents 2.3 Reports.—An appropriate opportunity against the proposition by each member of of the United States, former Members of shall be given the Minority to examine the the committee. Congress over 70 years of age, former Jus- proposed text of committee reports prior to (2) Whenever the committee reports any tices of the United States Supreme Court their filing or publication. In the event there measure or matter by rollcall vote, the re- over 70 years of age, or Federal judges who are supplemental, minority, or additional port shall include a tabulation of the votes are fully retired and over 75 years of age or views, an appropriate opportunity shall be cast in favor of and the votes cast in opposi- have taken senior status and are over 75 given the Majority to examine the proposed tion to the measure or matter by each mem- years of age. text prior to filing or publication. ber of the committee. RULE 8. AMENDING THE RULES 2.4 Attendance.—(a) Meetings. Official at- RULE 6. SUBCOMMITTEES The rules may be added to, modified, tendance of all markups and executive ses- (a) REGULARLY ESTABLISHED SUBCOMMIT- amended, or suspended by vote of a majority sions of the committee shall be kept by the TEES: The committee has six subcommittees: of committee members at a business meeting committee clerk. Official attendance of all Transportation and Infrastructure; Clean Air if a quorum is present. subcommittee markups and executive ses- and Nuclear Safety; Superfund, Toxics and sions shall be kept by the subcommittee Environmental Health; Water and Wildlife; f clerk. Green Jobs and the New Economy; and Over- COMMITTEE ON AGRICULTURE, (b) Hearings. Official attendance of all sight. NUTRITION AND FORESTRY hearings shall be kept, provided that, Sen- (b) MEMBERSHIP: The committee chair, RULES OF PROCEDURE ators are notified by the committee Chair- after consulting with the ranking minority man and ranking minority member, in the member, shall select members of the sub- Ms. STABENOW. Mr. President, the case of committee hearings, and by the sub- committees. Committee on Agriculture, Nutrition committee Chairman and ranking minority

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member, in the case of subcommittee hear- RULE 5—QUORUMS full committee may at any time, by major- ings, 48 hours in advance of the hearing that 5.1 Testimony—For the purpose of receiv- ity vote of those members present, discharge attendance will be taken. Otherwise, no at- ing evidence, the swearing of witnesses, and a subcommittee from further consideration tendance will be taken. Attendance at all the taking of sworn or unsworn testimony at of a specific piece of legislation. hearings is encouraged. any duly scheduled hearing, a quorum of the 7.6 Application of Committee Rules to Sub- RULE 3—HEARING PROCEDURES committee and the subcommittee thereof committees.—The proceedings of each sub- 3.1 Notice.—Public notice shall be given of shall consist of one member. committee shall be governed by the rules of the date, place, and subject matter of any 5.2 Business.—A quorum for the trans- the full committee, subject to such author- hearing to be held by the committee or any action of committee or subcommittee busi- izations or limitations as the committee subcommittee at least 1 week in advance of ness, other than for reporting a measure or may from time to time prescribe. such hearing unless the Chairman of the full recommendation to the Senate or the taking RULE 8—INVESTIGATIONS, SUBPOENAS AND committee or the subcommittee determines of testimony, shall consist of one-third of DEPOSITIONS that the hearing is noncontroversial or that the members of the committee or sub- special circumstances require expedited pro- committee, including at least one member 8.1 Investigations.—Any investigation un- cedures and a majority of the committee or from each party. dertaken by the committee or a sub- the subcommittee involved concurs. In no 5.3 Reporting.—A majority of the member- committee in which depositions are taken or case shall a hearing be conducted with less ship of the committee shall constitute a subpoenas issued, must be authorized by a than 24 hours notice. quorum for reporting bills, nominations, majority of the members of the committee 3.2 Witness Statements.—Each witness who matters, or recommendations to the Senate. voting for approval to conduct such inves- is to appear before the committee or any No measure or recommendation shall be or- tigation at a business meeting of the com- subcommittee shall file with the committee dered reported from the committee unless a mittee convened in accordance with Rule 1. or subcommittee, at least 24 hours in ad- majority of the committee members are 8.2 Subpoenas.—The Chairman, with the vance of the hearing, a written statement of physically present. The vote of the com- approval of the ranking minority member of his or her testimony and as many copies as mittee to report a measure or matter shall the committee, is delegated the authority to the Chairman of the committee or sub- require the concurrence of a majority of subpoena the attendance of witnesses or the committee prescribes. those members who are physically present at production of memoranda, documents, 3.3 Minority Witnesses.—In any hearing the time the vote is taken. records, or any other materials at a hearing conducted by the committee, or any sub- RULE 6—VOTING of the committee or a subcommittee or in committee thereof, the minority members of connection with the conduct of an investiga- 6.1 Rollcalls.—A roll call vote of the mem- the committee or subcommittee shall be en- tion authorized in accordance with para- bers shall be taken upon the request of any titled, upon request to the Chairman by the graph 8.1. The Chairman may subpoena at- member. ranking minority member of the committee tendance or production without the approval 6.2 Proxies.—Voting by proxy as authorized or subcommittee to call witnesses of their of the ranking minority member when the by the Senate rules for specific bills or sub- selection during at least 1 day of such hear- Chairman has not received notification from jects shall be allowed whenever a quorum of ing pertaining to the matter or matters the ranking minority member of disapproval the committee is actually present. heard by the committee or subcommittee. of the subpoena within 72 hours, excluding 6.3 Polling.—The committee may poll any 3.4 Swearing in of Witnesses.—Witnesses in Saturdays and Sundays, of being notified of matters of committee business, other than a committee or subcommittee hearings may be the subpoena. If a subpoena is disapproved by vote on reporting to the Senate any meas- required to give testimony under oath when- the ranking minority member as provided in ures, matters or recommendations or a vote ever the Chairman or ranking minority this paragraph the subpoena may be author- on closing a meeting or hearing to the pub- member of the committee or subcommittee ized by vote of the members of the com- lic, provided that every member is polled and deems such to be necessary. mittee. When the committee or Chairman every poll consists of the following two ques- 3.5 Limitation.—Each member shall be authorizes subpoenas, subpoenas may be tions: limited to 5 minutes in the questioning of issued upon the signature of the Chairman or (1) Do you agree or disagree to poll the pro- any witness until such time as all members any other member of the committee des- posal; and who so desire have had an opportunity to ignated by the Chairman. (2) Do you favor or oppose the proposal. question a witness. Questions from members 8.3 Notice for Taking Depositions.—Notices If any member requests, any matter to be shall rotate from majority to minority mem- for the taking of depositions, in an investiga- polled shall be held for meeting rather than bers in order of seniority or in order of ar- tion authorized by the committee, shall be being polled. The chief clerk of the com- rival at the hearing. authorized and be issued by the Chairman or mittee shall keep a record of all polls. RULE 4—NOMINATIONS by a staff officer designated by him. Such no- RULE 7—SUBCOMMITTEES 4.1 Assignment.—All nominations shall be tices shall specify a time and place for exam- considered by the full committee. 7.1 Assignments.—To assure the equitable ination, and the name of the Senator, staff 4.2 Standards.—In considering a nomina- assignment of members to subcommittees, officer or officers who will take the deposi- tion, the committee shall inquire into the no member of the committee will receive as- tion. Unless otherwise specified, the deposi- nominee’s experience, qualifications, suit- signment to a second subcommittee until, in tion shall be in private. The committee shall ability, and integrity to serve in the position order of seniority, all members of the com- not initiate procedures leading to criminal to which he or she has been nominated. mittee have chosen assignments to one sub- or civil enforcement proceedings for a wit- 4.3 Information.—Each nominee shall sub- committee, and no member shall receive as- ness’ failure to appear unless the deposition mit in response to questions prepared by the signment to a third subcommittee until, in notice was accompanied by a committee sub- committee the following information: order of seniority, all members have chosen poena. (1) A detailed biographical resume which assignments to two subcommittees. 8.4 Procedure for Taking Depositions.— contains information relating to education, 7.2 Attendance.—Any member of the com- Witnesses shall be examined upon oath ad- employment, and achievements; mittee may sit with any subcommittee dur- ministered by an individual authorized by (2) Financial information, including a fi- ing a hearing or meeting but shall not have local law to administer oaths. The Chairman nancial statement which lists assets and li- the authority to vote on any matter before will rule, by telephone or otherwise, on any abilities of the nominee; and the subcommittee unless he or she is a mem- objection by a witness. The transcript of a (3) Copies of other relevant documents re- ber of such subcommittee. deposition shall be filed with the committee quested by the committee. Information re- 7.3 Ex Officio Members.—The Chairman clerk. ceived pursuant to this subsection shall be and ranking minority member shall serve as RULE 9—AMENDING THE RULES available for public inspection except as spe- nonvoting ex officio members of the sub- cifically designated confidential by the com- committees on which they do not serve as These rules shall become effective upon mittee. voting members. The Chairman and ranking publication in the Congressional Record. 4.4 Hearings.—The committee shall con- minority member may not be counted to- These rules may be modified, amended, or re- duct a public hearing during which the nomi- ward a quorum. pealed by the committee, provided that all nee shall be called to testify under oath on 7.4 Scheduling.—No subcommittee may members are present or provide proxies or if all matters relating to his or her suitability schedule a meeting or hearing at a time des- a notice in writing of the proposed changes for office. No hearing shall be held until at ignated for a hearing or meeting of the full has been given to each member at least 48 least 48 hours after the nominee has re- committee. No more than one subcommittee hours prior to the meeting at which action sponded to a prehearing questionnaire sub- business meeting may be held at the same thereon is to be taken. The changes shall be- mitted by the committee. time. come effective immediately upon publication 4.5 Action on Confirmation.—A business 7.5 Discharge.—Should a subcommittee fail of the changed rule or rules in the Congres- meeting to consider a nomination shall not to report back to the full committee on any sional Record, or immediately upon approval occur on the same day that the hearing on measure within a reasonable time, the Chair- of the changes if so resolved by the com- the nominee is held. The Chairman, with the man may withdraw the measure from such mittee as long as any witnesses who may be agreement of the ranking minority member, subcommittee and report that fact to the affected by the change in rules are provided may waive this requirement. full committee for further disposition. The with them.

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.041 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S764 CONGRESSIONAL RECORD — SENATE February 14, 2013 COMMITTEE ON VETERANS’ ommendation. Five Members of the Com- oath whenever the presiding Member deems AFFAIRS mittee shall constitute a quorum for pur- such to be advisable. poses of transacting any other business. V. MEDIA COVERAGE (B) In order to transact any business at a Any Committee meeting or hearing which RULES OF PROCEDURE Committee meeting, at least one Member of the minority shall be present. If, at any is open to the public may be covered by tele- Mr. SANDERS. Mr. President, the meeting, business cannot be transacted be- vision, radio, and print media. Photog- Committee on Veterans’ Affairs has cause of the absence of such a Member, the raphers, reporters, and crew members using mechanical recording, filming, or broad- adopted rules governing its procedures matter shall lay over for a calendar day. If the presence of a minority Member is not casting devices shall position and use their for the 113th Congress. Pursuant to equipment so as not to interfere with the Rule XXVI, paragraph 2, of the Stand- then obtained, business may be transacted by the appropriate quorum. seating, vision, or hearing of the Committee ing Rules of the Senate, I ask unani- (C) One Member shall constitute a quorum Members or staff or with the orderly conduct mous consent that a copy of the com- for the purpose of receiving testimony. of the meeting or hearing. The presiding Member of the meeting or hearing may for mittee rules be printed in the RECORD. III. VOTING good cause terminate, in whole or in part, There being no objection, the mate- (A) Votes may be cast by proxy. A proxy rial was ordered to be printed in the the use of such mechanical devices or take shall be written and may be conditioned by such other action as the circumstances and RECORD, as follows: personal instructions. A proxy shall be valid the orderly conduct of the meeting or hear- only for the day given. ing may warrant. COMMITTEE ON VETERANS’ (B) There shall be a complete record kept AFFAIRS RULES OF PROCEDURE of all Committee actions. Such record shall VI. GENERAL All applicable requirements of the Stand- I. MEETINGS contain the vote cast by each Member of the Committee on any question on which a roll ing Rules of the Senate shall govern the (A) Unless otherwise ordered, the Com- call vote is requested. Committee. mittee shall meet on the first Wednesday of each month. The Chairman may, upon proper IV. HEARINGS AND HEARING PROCEDURES VII. PRESIDENTIAL NOMINATIONS notice, call such additional meetings as (A) Except as specifically otherwise pro- (A) Each Presidential nominee whose nom- deemed necessary. vided, the rules governing meetings shall ination is subject to Senate confirmation (B) Except as provided in subparagraphs (b) govern hearings. and referred to this Committee shall submit and (d) of paragraph 5 of rule XXVI of the (B) At least one week in advance of the a statement of his or her background and fi- Standing Rules of the Senate, meetings of date of any hearing, the Committee shall un- nancial interests, including the financial in- the Committee shall be open to the public. dertake, consistent with the provisions of terests of his or her spouse and of children The Committee shall prepare and keep a paragraph 4 of rule XXVI of the Standing living in the nominee’s household, on a form complete transcript or electronic recording Rules of the Senate, to make public an- approved by the Committee which shall be adequate to fully record the proceedings of nouncements of the date, place, time, and sworn to as to its completeness and accu- each meeting whether or not such meeting subject matter of such hearing. racy. The Committee form shall be in two or any part thereof is closed to the public. (C)(1) Each witness who is scheduled to tes- parts: (C) The Chairman of the Committee, or the tify at a hearing of the Committee shall sub- 1) Information concerning employment, Ranking Majority Member present in the ab- mit 40 copies of such witness’ testimony to education, and background of the nominee sence of the Chairman, or such other Mem- the Committee not later than 48 hours before which generally relates to the position to ber as the Chairman may designate, shall the witness’ scheduled appearance at the which the individual is nominated and which preside over all meetings. hearing. is to be made public; and (D) Except as provided in rule XXVI of the (2) Any witness who fails to meet the dead- 2) Information concerning the financial Standing Rules of the Senate, no meeting of line specified in paragraph (1) shall not be and other background of the nominee, to be the Committee shall be scheduled except by permitted to present testimony but may be made public when the Committee determines majority vote of the Committee or by au- seated to take questions from Committee that such information bears directly on the thorization of the Chairman of the Com- members, unless the Chairman and Ranking nominee’s qualifications to hold the position mittee. Minority Member determine there is good to which the individual is nominated. (E) The Committee shall notify the office cause for the witness’ failure to meet the (B) At any hearing to confirm a Presi- designated by the Committee on Rules and deadline or it is in the Committee’s interest dential nomination, the testimony of the Administration of the time, place, and pur- to permit such witness to testify. nominee and, at the request of any Member, pose of each meeting. In the event such (D) The presiding Member at any hearing any other witness shall be under oath. meeting is canceled, the Committee shall is authorized to limit the time allotted to (C) Committee action on a nomination, in- immediately notify such designated office. each witness appearing before the Com- cluding hearings or a meeting to consider a (F) Written or electronic notice of a Com- mittee. motion to recommend confirmation, shall (E) The Chairman, with the concurrence of mittee meeting, accompanied by an agenda not be initiated until at least five days after the Ranking Minority Member of the Com- enumerating the items of business to be con- the nominee submits the form required by mittee, is authorized to subpoena the attend- sidered, shall be sent to all Committee Mem- this rule unless the Chairman, with the con- ance of witnesses and the production of bers at least 72 hours (not counting Satur- currence of the Ranking Minority Member, memoranda, documents, records, and any days, Sundays, and federal holidays) in ad- waives this waiting period. other materials. If the Chairman or a Com- vance of each meeting. In the event that the mittee staff member designated by the VIII. NAMING OF DEPARTMENT OF VETERANS giving of such 72-hour notice is prevented by Chairman has not received from the Ranking AFFAIRS FACILITIES unforeseen requirements or Committee busi- Minority Member or a Committee staff mem- It is the policy of the Committee that no ness, the Committee staff shall communicate ber designated by the Ranking Minority Department of Veterans Affairs facility shall notice by the quickest appropriate means to Member notice of the Ranking Minority be named after any individual unless: Members or appropriate staff assistants of Member’s non-concurrence in the subpoena (A) Such individual is deceased and was: Members and an agenda shall be furnished within 48 hours (excluding Saturdays, Sun- (1) A veteran who (i) was instrumental in prior to the meeting. days, and federal holidays) of being notified the construction or the operation of the fa- (G) Subject to the second sentence of this of the Chairman’s intention to subpoena at- cility to be named, or (ii) was a recipient of paragraph, it shall not be in order for the tendance or production, the Chairman is au- the Medal of Honor or, as determined by the Committee to consider any amendment in thorized following the end of the 48-hour pe- Chairman and Ranking Minority Member, the first degree proposed to any measure riod involved to subpoena the same without otherwise performed military service of an under consideration by the Committee un- the Ranking Minority Member’s concur- extraordinarily distinguished character; less a written or electronic copy of such rence. Regardless of whether a subpoena has (2) A Member of the United States House of amendment has been delivered to each Mem- been concurred in by the Ranking Minority Representatives or Senate who had a direct ber of the Committee at least 24 hours before Member, such subpoena may be authorized association with such facility; the meeting at which the amendment is to by vote of the Members of the Committee. (3) An Administrator of Veterans’ Affairs, be proposed. This paragraph may be waived When the Committee or Chairman authorizes a Secretary of Veterans Affairs, a Secretary by a majority vote of the Members and shall a subpoena, the subpoena may be issued upon of Defense or of a service branch, or a mili- apply only when 72-hour written notice has the signature of the Chairman or of any tary or other Federal civilian official of com- been provided in accordance with paragraph other Member of the Committee designated parable or higher rank; or (F). by the Chairman. (4) An individual who, as determined by II. QUORUMS (F) Except as specified in Committee Rule the Chairman and Ranking Minority Mem- (A) Subject to the provisions of paragraph VII (requiring oaths, under certain cir- ber, performed outstanding service for vet- (B), eight Members of the Committee shall cumstances, at hearings to confirm Presi- erans. constitute a quorum for the reporting or ap- dential nominations), witnesses at hearings (B) Each Member of the Congressional del- proving of any measure or matter or rec- will be required to give testimony under egation representing the State in which the

VerDate Mar 15 2010 04:32 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.076 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S765 designated facility is located must indicate housing for victims of domestic vio- rights abuses in their country. The in writing such Member’s support of the pro- lence and their children. government responded to these peace- posal to name such facility after such indi- These statistics are troubling. And I ful demonstrations not by addressing vidual. think they are an important part of grievances or offering to work with the (C) The pertinent State department or chapter of each Congressionally chartered why VAWA is so critical to women and aggrieved, but by unleashing its state veterans’ organization having a national children in communities across Lou- security forces upon them. The secu- membership of at least 500,000 must indicate isiana and throughout our country. But rity forces fired on the protesters with in writing its support of such proposal. numbers don’t tell the whole story. tear gas and live ammunition; al- IX. AMENDMENTS TO THE RULES You have to talk to the people on the though many protesters were rounded The rules of the Committee may be ground, to the people who have dedi- up, arrested, and tortured, their spirit changed, modified, amended, or suspended at cated their lives and careers to helping would not be broken. any time provided, however, that no less women and children in need, to truly I am deeply disappointed that the than a majority of the entire membership so appreciate the impact of this legisla- government of Bahrain continues to determine at a regular meeting with due no- tion. stall, to stonewall, and to stymie any tice or at a meeting specifically called for For example, Beth Meeks, executive progress on addressing the root causes that purpose. The rules governing quorums of the protesters’ grievances. I shared for reporting legislative matters shall gov- director of the Louisiana Coalition ern rules changes, modification, amend- Against Domestic Violence, visited a the initial hopes of many Bahrainis, ments, or suspension. program in New Orleans. While visiting who viewed the establishment of the f that program, Beth spoke with a young Bahrain Independent Commission of In- mother with her baby, only to discover quiry, BICI, as a positive step on behalf VIOLENCE AGAINST WOMEN that the baby was 6 days old. The of the government. I was encouraged REAUTHORIZATION ACT young mother had been at the program when the final BICI report detailed the Ms. LANDRIEU. Mr. President, I rise for a few weeks and had been terribly government’s systemic use of intimida- today in support of S.47, the Violence abused when she was nearly 9 months tion, violence, abuse, and detention Against Women Reauthorization Act. pregnant. She and her baby survived that documenting these abuses would This legislation provides much needed but her child was born in shelter care. lead to real reform. As outlined in the funding and support for law enforce- What would have been the outcome if a BICI report, over the weeks and ment in our fight against domestic vio- shelter had not been available? months of its initial crackdown, more lence, sexual assault, dating violence, The program that Beth visited, like than 30 protesters were killed, nearly and stalking. every domestic violence program in 1,800 were tortured, and 4,500 were fired This bill has enjoyed wide bipartisan Louisiana, was heavily supported by from their jobs. Religious sites were support over the years. Crimes against Violence Against Women Act dollars. destroyed and doctors who treated in- women and children will not be toler- Additionally, law enforcement officers, jured protesters were arrested, tor- ated. Tuesday, the Senate once again advocates, and prosecutors are all sup- tured, and imprisoned. approved VAWA with a 78–22 over- ported by funds available under the The Bahraini government has spent whelmingly bipartisan vote. I was act. Louisiana’s current budget chal- considerable time and resources to con- proud to cosponsor the Violence lenges have serious implications for vince the world that progress has been Against Women Act and I urge my col- these vital services. In December 2012, made, but I am sorry to say that the leagues in the House to stand with Louisiana cut $1 million from the budg- facts do not bear this out. Banning America’s women and children and et for these programs, jeopardizing peaceful protests is not progress. Using quickly pass this critical legislation. their very existence. tear gas as a weapon is not progress. We have an obligation to do our part Louisiana is not alone. Programs all Shooting teenagers is not progress. and protect women and children on the over the Nation have experienced re- There is, quite frankly, little to be op- streets and in their homes. And this ductions in grants and losses in dona- timistic about if one examines the re- legislation provides the resources need- tions during the recent economic down- gime’s track record over the last 2 ed to further this very important ef- turn. That is why we must reauthorize years. According to the Project on Mid- fort. Reauthorizing this funding is par- the Violence Against Women Act. We dle East Democracy, POMED, the gov- ticularly important for my home State have made significant progress in the ernment of Bahrain has only fully im- of Louisiana, which unfortunately last 20 years. We must continue to pro- plemented three of 26 recommenda- ranks among the top five States in vide support to State and local govern- tions in the BICI report. Even worse, incidences of domestic violence homi- ment and the nonprofit entities that POMED found no meaningful progress cides in the Nation. provide critical services. whatsoever toward six of the BICI rec- Last year, Louisiana received $4.9 I congratulate the people who are ommendations. The Bahrain Center for million in Violence Against Women committed to providing important Human Rights similarly finds that the Act grants. These dollars helped fund services to those who need them most. government of Bahrain has taken only critical programs through organiza- We owe a great deal of gratitude to superficial steps ‘‘while continuing to tions like Wellspring Alliance for Fam- leaders like Beth Meeks of the Lou- commit the same human rights viola- ily, which provides domestic violence isiana Coalition Against Domestic Vio- tions.’’ and sexual assault services in Monroe, lence, leaders like Mary Claire Landry Although the Bahraini government LA, and the Crescent House program in of the Family Justice Center in New offered to engage in a national dia- New Orleans. And these funds don’t Orleans, and like Valerie Bowman of logue, my staff and I have read reports just supplement established programs. the Family Justice Center in Monroe, that the government may only be plan- In fact, the vast majority wouldn’t be and leaders in the law enforcement ning to moderate a discussion between possible in the first place without community like Tommy Clark, chair of political parties, rather than act as a VAWA grants because many service the Louisiana Chiefs of Police Associa- full and productive participant in the providers count on more than 90 per- tion Domestic Violence Committee. dialogue. I sincerely hope that is not cent of their funding from the Federal I am proud that the Senate has taken the case, and I call on the government Government. action on this important piece of legis- of Bahrain to live up to its rhetoric, Last year, Louisiana’s 18 shelters lation and I urge my colleagues in the engage in genuine and sustained dia- provided more than 90,000 shelter House of Representatives to do the logue, and work to see that real nights, answered more than 38,000 cri- same. progress is made. As a first step to re- sis calls and despite serving 17,000 cli- f storing some of the trust it has lost, ents, the shelters had to turn away al- the Bahraini government should imme- most 2,000 people for lack of resources. BAHRAIN TWO YEARS LATER diately implement all 26 BICI report In one national survey, 60 percent of Mr. WYDEN. Mr. President, 2 years recommendations and immediately re- the shelters in Louisiana reported that ago today thousands of Bahrainis took lease all political prisoners in Bahrain. they lacked funding and 25 percent re- to the streets to call for political re- After 2 years, surely the government ported that they lacked shelter beds or form and an end to ongoing human of Bahrain is tired of fighting its own

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.077 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S766 CONGRESSIONAL RECORD — SENATE February 14, 2013 people—people who wish nothing more and abundant water has made the senior services, advocacy, and a keen than to have a greater voice in their county the eighth largest potato grow- understanding of how to stretch a dol- political process. The government may ing area in the Nation, along with an lar. be surprised that this fight has lasted 2 abundance of grain, livestock, and Dorothy has never missed an oppor- years, but I am not. My staff and I have other commodities. tunity to expand services and outreach met with some of them and know them In the county seat of Rexburg, you and provide seniors with opportunities to be passionate, devoted to their will find Idaho’s second largest univer- to improve the quality of life for older cause, and willing to face continued sity, Brigham Young University-Idaho, Americans. During 2012, there were 38 persecution for what they believe. formerly known as Ricks College. Citi- senior centers serving more than Sometimes folks ask me why I care zens of the county, and throughout the 370,000 meals to seniors and 700,000 so much about such a small island region, for that matter, are very proud home-delivered meals in 17 counties. country or why America should con- of this university and the tremendous Today there are services to support cern itself with Bahrain’s internal poli- growth it has experienced. They are caregivers, respite relief, transpor- tics. I explain to them that Bahrain also proud of the 95 percent graduation tation, housekeeping, legal outreach, may be small, but that it is a key ally rate in their local high schools and at and even services to help seniors file in a troubled and volatile region. I also the university. income taxes. explain that the regime’s current strat- Rexburg and BYU-Idaho is also home In 2005, Medicare added prescription egy of violence and repression is bound to the Idaho International Dance Fes- drug coverage, creating an on-line or- for failure, and that Bahrain must re- tival. For 27 years, the festival has dering process and regulations seniors form to remain stable. If America has brought hundreds of dancers and musi- had never experienced. Dorothy imme- diately saw the need to educate seniors learned anything in the last few dec- cians from around the world to share so they could take advantage of this ades it is that continuing to support their native music, songs, dance, and service to acquire vital medicines. Self governments that use violence, torture dress. Madison County residents taught and without additional funding, and repression to stifle dissent is short strongly support the festival and are she led the staff at the Southwest Mis- sighted. Washington must instead use proud of the rich history of this event. souri Office on Aging to become the what influence it has to push such Madison County also has an abun- best resource for Medicare part D infor- countries toward more representative dance of natural features, including the mation anywhere. Working with my forms of government, not just because Caribou-Targhee National Forest, the congressional office, Dorothy led her it is the right thing to do for the citi- Cartier Slough and Deer Park wildlife new experts on Part D into seminars zens of those countries, but because it management areas, and the twin and signup clinics in every county of is the right thing to do for this coun- Menan Buttes. Southwest Missouri. Every year since try. That is why this issue remains so RAPO Senator C and I are proud to rec- then, they have remained the premiere important to me and why I hope that ognize this landmark anniversary. We source of part D expertise. next year, on this date, I can come to congratulate Madison County residents I have worked with Dorothy Knowles the Senate floor and talk about the for this centennial and we wish them and know the commitment, dedication, many new reforms in place instead of all and their communities many more and joy she takes in serving our senior the Bahraini government’s continued years of success. population. I doubt her retirement will repression of its people. f be the end of her enthusiastic advocacy f ADDITIONAL STATEMENTS for Southwest Missouri seniors. She MADISON COUNTY, IDAHO will still weigh in on elder abuse laws and senior wellness funding and will Mr. RISCH. Mr. President, my col- TRIBUTE TO DOROTHY KNOWLES still instill that unrelenting zeal she league Senator MIKE CRAPO joins me has to champion senior causes in her today in recognizing Madison County’s ∑ Mr. BLUNT. Mr. President, for 40 years, there has been no greater advo- 150 member staff and colleagues. I wish 100-year anniversary. her, and the agency she helped craft Established on February 18, 1913, by cate for Southwest Missouri seniors into a bastion of senior advocacy, the the Idaho legislature and named after than Dorothy Knowles. As executive best in the decades ahead. Southwest our Nation’s fourth President, James director of the Southwest Missouri Of- fice on Aging, Dorothy’s leadership and Missouri is a better place for seniors to Madison, Madison County has distin- live thanks to Dorothy Knowles and guished itself in its contributions to motivation have inspired a talented and spirited staff to help seniors under- her four decades of service at the the success of our State. Southwest Missouri Office on Aging.∑ Five people with connections to stand issues and offer a variety of re- Madison County went on to become sources. When Medicare part D arrived, f Governors in the States of Idaho, it was Dorothy who voluntarily began REMEMBERING BILL EADINGTON Michigan, Kansas, and Massachusetts. the effort to educate seniors on the op- ∑ Mr. HELLER. Mr. President, today I Two people from the county served in tions and advantages in the new pro- wish to honor the life of a world re- Congress, representing Idaho and Utah. gram. Thanks to her actions, the nowned gaming authority and pro- And one man went on to serve as Ida- Southwest Missouri Office on Aging be- fessor at the University of Nevada, ho’s Lieutenant Governor, my good came and continues to be the premiere Reno, UNR, Bill Eadington, whose friend, Mark Ricks, who served with source of information on that program passing on February 11, 2013, has me during my time as Governor. and others for seniors. brought great sadness to the Silver The people of this county distin- When Dorothy Knowles began work State. After 18 months, Mr. Eadington guished themselves for helping their as a secretary and bookkeeper at the lost a courageous battle with cancer. neighbors and strangers when the Southwest Missouri Office on Aging, it My thoughts and prayers are with his Teton Dam collapsed on June 5, 1976. was brand new. A single mother in need family and friends during this difficult The ensuing flood spread throughout of a job, Dorothy saw the new agency time. the valley, uprooting farms and homes. as an opportunity. She rose through Bill Eadington joined the faculty at Due to the resiliency of the residents the ranks and learned the agency’s UNR as an economist in 1969. He is the and people helping one another, they needs and programs as director of so- author of several books on the social quickly overcame the disaster and car- cial services and as associate director. and economic impacts of gambling and ried on with their lives. Her boss during those years was her was a world-renowned authority on Madison County has a rich agricul- mentor, Winston Bledsoe. Winston gaming issues. Mr. Eadington founded tural history, with the first irrigation started with a $25,000 grant to open the the Institute for the Study of Gam- system in the State built in this coun- first 9 senior centers in the region, cre- bling and Commercial Gaming at UNR ty. It is home to 21 different century ating a daily meeting place for 40,000 and served as its director since 1989. farms; places that have been continu- seniors. When Winston retired in 1999, Outside of the classroom, he has served ously farmed by the same family for his deputy Dorothy took charge, armed as a resource for governments and pri- 100 or more years. The rich, fertile soil with 25 years of experience in providing vate sector organizations worldwide on

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.047 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S767 gaming laws, casino operations, regula- own course, sometimes perhaps to his seen. Elizabeth and her husband Roy tion, and public policy. parents’ dismay. The story is told of are to the Native peoples of Alaska In 2011, Bill Eadington was given the his hitchhiking to California at age 12. what Dr. Martin Luther King, Jr., and honor of being inducted into the Amer- He joined the Army at age 16, deter- Rosa Parks are to African Americans. ican Gaming Association Hall of Fame mined to see battle during World War Everybody knows about Dr. Martin Lu- and was honored with a Special II. He fought at Normandy and the Bat- ther King, Jr. and Rosa Parks, but Achievement Award for Gaming Edu- tle of the Bulge. hardly anyone outside the State of cation. Mr. Eadington was a board At the age of 25, Fabian met Coral Alaska knows about Roy and Elizabeth member on the National Council on Jeanne, the love of his life. Fabian and Peratrovich. Today, I wish to again Problem Gambling for 30 years, and in Coral Jeanne were married in 1954. Of share the Peratrovich legacy with the 2012 the board presented him with the his beloved wife, Fabian once said, ‘‘I Senate because February 16, 2013, the Goldman Lifetime Award for Advocacy. started dancing with Coral Jeanne in State of Alaska will observe Elizabeth Gaming is a uniquely important in- 1949, and we’ve been dancing ever Peratrovich Day for the 24th time. Ac- dustry in Nevada, and Mr. Eadington’s since.’’ She would be his unfailing sup- tivities to celebrate the legacy of Eliz- academic contributions and expertise port through the victories and defeats abeth and Roy Peratrovich are taking in this field have been invaluable to to come, until she died in his arms over place in schools and cultural centers the State of Nevada and to UNR. Cou- a half century later. throughout Alaska this week. The pled with the tourism industry, it is Most of us, in public life or out, are Alaska State Museum in Juneau is al- our economic backbone, supporting shaped by our wins and our losses. This ready honoring this remarkable woman hundreds of thousands of jobs. I have was certainly true in Fabian’s long ca- in an exhibit entitled ‘‘Alaskan. Na- been proud to support policies to keep reer. He first ran for elective office in tive. Woman. Activist,’’ which will run Nevada’s gaming industry and econ- 1948, at the age of 24, for a seat in the until March 16, 2013. omy growing and prosperous and thank New Mexico House. He came in second In addition to the annual observance Mr. Eadington for all his work on an in the primary. He was undeterred, as of Elizabeth Peratrovich Day, the issue vitally important to our State. he would show time and again. He was State of Alaska has acknowledged Eliz- Today, I ask my colleagues to join me elected 2 years later. He ran unsuccess- abeth’s contribution to history by des- in celebrating the life of this honorable fully for the New Mexico Senate in ignating one of the public galleries in Nevadan.∑ 1952, but was elected in 1956. And with- the Alaska House of Representatives as the Elizabeth Peratrovich Gallery. f in a few years, at age 37, he became the youngest Senate majority leader in the Elizabeth, a member of the REMEMBERING FABIAN CHA´ VEZ, ´ history of our State. In 1968, Fabian Lukaaxadi clan, in the Raven moiety JR. was the Democratic candidate for Gov- of the Tlingit tribe, was born in Peters- ∑ Mr. UDALL of New Mexico. Mr. ernor, and lost by less than 3,000 votes. burg in 1911. After attending college President, on Sunday, January 20, my He later served as Assistant Secretary she married Roy Peratrovich, a Tlingit State lost a great leader and a great of Commerce under President Jimmy from Klawock, Alaska, and the couple friend. It is my privilege to pay tribute Carter. had three beautiful children. In 1941 today to Fabian Cha´ vez, Jr. He was The title of David Roybal’s biography the young family moved to Juneau, ex- blessed with a long life, 88 years old of Fabian Cha´ vez, Jr., ‘‘Taking on Gi- cited by the new opportunities the when he passed away. More important ants,’’ is telling. Fabian was a re- move would present. When the family though was the impact of his years, the former, and a tenacious one. He fought found the perfect house, they were not impact of his remarkable life. Fabian to change the old justice of the peace allowed to buy it because they were Native. They could not enter the stores Cha´ vez, Jr., made a difference in the system in New Mexico, fought to estab- or restaurants they wanted. Outside lives of so many people in New Mexico. lish a Judicial Standards Commission, some of these establishments, there Fabian was a formidable, and very fought powerful insurance and liquor were signs that read ‘‘No Natives Al- colorful, figure in the history of New industries, fought early on, and coura- lowed.’’ History has also recorded a Mexico politics. His story was one of geously, for civil rights. Whatever the sign that read ‘‘No Dogs or Indians al- triumph and of defeat, and of an un- opposition, he stayed the course. Elec- wavering determination to serve. He lowed.’’ tions would come and go. Some he On December 30, 1941, following the will be long remembered as an advo- would win. Some he would lose. But he invasion of Pearl Harbor, Elizabeth and cate for justice, for the disadvantaged, stayed true to his commitment to the Roy wrote to Alaska’s Territorial Gov- and for ethical government. He was people of New Mexico. ernor: also instrumental in passing legisla- My dad once said that there are two tion to establish the University of New In the present emergency our Native boys stories of our lives. One is the person are being called upon to defend our beloved Mexico School of Medicine, which has you wanted to be. The other is the per- country. There are no distinctions being done so much for improving health son you are. While none of us gets that made there. Yet when we patronized business care in our State. exactly right, I would suspect that Fa- establishments we are told in most cases Fabian Cha´ vez, Jr., was born on Au- bian came pretty close. He held true to that Natives are not allowed. gust 31, 1924. His father was a car- his principles. He fought for what he The proprietor of one business, an inn, does penter, and moved the family from not seem to realize that our Native boys are believed was right. He leaves behind a just as willing to lay down their lives to pro- Wagon Mound to Santa Fe, where Fa- legacy of accomplishment and integ- tect the freedom he enjoys. Instead he shows bian was born and would live most of rity, a legacy that his family, and our his appreciation by having a ‘‘No Natives Al- his 88 years. Early on, the New Mexico State, can take great pride in. lowed’’ sign on his door. Capitol would dominate his life. And he Jill and I extend our sincere condo- In that letter Elizabeth and Roy also would dominate it in return. lences to Christine and to all the noted: His father worked as the building su- Cha´ vez family. Fabian Cha´ vez, Jr., was We were shocked when the Jews were dis- perintendent at the old capitol build- a true son of New Mexico, and he did criminated against in Germany. Stories were ing. As a young boy, trying to earn all of us proud.∑ told of public places having signs ‘‘No Jews pocket money during the Great Depres- f Allowed.’’ All freedom loving people were sion, Fabian could be found there shin- horrified at what was being practiced in our ing shoes. He later told his biographer TRIBUTE TO ELIZABETH AND ROY own country. that while other kids were playing PERATROVICH In 1943, the Alaska Legislature, at marbles, he was watching legislators at ∑ Ms. MURKOWSKI. Mr. President, the behest of Roy and Elizabeth, con- work, following their every move. He there are few names in Alaska’s his- sidered an antidiscrimination law. It observed, ‘‘I had it all memorized years tory that exemplify progress and time- was defeated, but Roy and Elizabeth before I was even elected to my first less impact more than Elizabeth were not. Two years later, in 1945, the term in the house.’’ Peratrovich. She is remembered as one antidiscrimination measure was Fabian was an independent spirit. of the greatest civil rights activists brought back before the Alaska Terri- Even as a youngster, he charted his and female leaders Alaska has ever torial Legislature. It passed the lower

VerDate Mar 15 2010 04:32 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.036 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S768 CONGRESSIONAL RECORD — SENATE February 14, 2013 house, but was met with stiff opposi- magnitude of his visit. Here was a to provide people the access to an affordable tion in the Territorial Senate. young man who never knew the dis- health insurance. One by one, Senators took to the crimination his ancestors knew. He The Government should help to support floor to debate the closely contested was never told he could not enter a the people and their rights. legislation. One Senator argued that Bibliography: Pinhiero, P.S. Choices Pro- store because of his race. He was never gram On-line Scholar Brown University, ‘‘the races should be kept further denied access to a school because of Real Lives Computer Game. Marston, C. apart.’’ This Senator went on to rhe- who his parents were. As we looked Class Notes. MAUHS: Bristol, VT. November torically question, ‘‘Who are these peo- down on the Senate floor from the Sen- 2012 ple, barely out of savagery, who want ate gallery, I encouraged Nathan by DAMON FULCHER, SOUTH ROYALTON HIGH to associate with us whites with 5,000 stating that one day he could represent SCHOOL (FINALIST) years of recorded civilization behind Alaska in the United States Senate. The state of the Union is the most difficult us?’’ Nathan grew up with all the rights and to decipher in years. We, as a nation, are Elizabeth Peratrovich was observing liberties every young boy should have. stuck in a time where the war in Afghani- the debate from the gallery. As a cit- All of this was possible because of his stan is dwindling, and we’re trying to climb izen, she asked to be heard and in ac- family. Seeing his face and knowing out of an abysmal fiscal pit. In a nation that cordance with the custom of the day, what a significant impact his family has made its name for moving forward, con- was recognized to express her views. had on his current wellbeing struck me troversies over human rights like the right In a quiet, dignified and steady voice to marry and the right to have an abortion with a sense of appreciation. It is with are still as prevalent as ever. However, all is this ‘‘fighter with velvet gloves’’ re- that appreciation I honor Elizabeth not lost, and this great nation will continue sponded, ‘‘I would not have expected and Roy Peratrovich today.∑ to forge on, despite these setbacks. that I, who am barely out of savagery, f The land of the free still does not grant would have to remind gentlemen with rights to every group of people. Gay mar- 5,000 years of recorded history behind VERMONT ESSAY FINALISTS riage is one of the most hotly debated sub- them of our Bill of Rights.’’ ∑ Mr. SANDERS. Mr. President, I sub- jects in our country right now. Even though She was then asked by a Senator if mit to the record these essays written our Constitution states that all men are cre- ated equal, we as a nation do not always she thought the proposed bill would by Vermont High School students as eliminate discrimination. Elizabeth abide by this principle. Half of the American part of the Third Annual ‘‘What is the population is brushing a group of people queried in rebuttal, ‘‘Do your laws State of the Union?’’ Essay contest under the rug, just because they have a dif- against larceny and even murder pre- conducted by my office. These 13 final- ferent sexual orientation than themselves. vent these crimes? No law will elimi- ists were selected from over 300 entries. The most recent example of this is North Carolina amending its state constitution to nate crimes but at least you as legisla- RILEY FORBES, MT. ABRAHAM UNION HIGH say that same-sex couples do not have the tors can assert to the world that you SCHOOL (FINALIST) recognize the evil of the present situa- right to marry. This act takes the issue to a The most important issue for the govern- whole new level past legality. However, not tion and speak your intent to help us ment to solve today is human rights. overcome discrimination.’’ all is bad. Several more states have begun Everybody deserves equal opportunities in adding to the pool where same-sex couples When she finished her speech the life. The State and Federal Government have the right to marry. The United States’ room burst into thunderous applause. should help to make sure that everyone is highest court is taking on a case concerning The territorial Senate passed the bill free from torture, has the right to adequate a California proposition to ban gay marriage. by a vote of 11 to 5. On February 16, food, clothing and housing, and has the right This case will decide the fate of the issue in 1945, before Alaska gained statehood, to health care. The most significant issue for the years to come. Unfortunately, the most the government to solve today is human and before Dr. Martin Luther King, Jr. serious issue our country faces is not even rights. marriage equality. stood on the steps of the Lincoln Me- Human rights are the basic rights that ev- morial and spoke of his dream for The most pressing issue currently is the eryone who is human has. Human rights are economy. The great debate is whose taxes equality, Alaskans passed an anti- important for everyone in the world to have. should be cut and whose taxes should be discrimination bill that provided for An important right is the right to have basic raised. The nation is greatly divided along full and equal enjoyment of public ac- items, adequate clothing, food and housing. partisan lines in this respect. These opinions commodations for all Alaskans. The United Nations has a right that gives ev- are exemplified by our current President That night, Roy and Elizabeth cele- eryone the basic items that they need, Barack Obama and our Speaker of the House brated. The two went dancing at the (clothing, food and housing). Whereas the John Boehner. One believes that taxes United States does not have a right giving Baranof Hotel, one of Juneau’s finest. should be raised on the wealthy and cut on everyone basic supplies that is needed to the middle class and the other, vice versa. They danced among people they didn’t live. ‘‘A man in India without access to clean know, in a place where, the day before, This is the nation’s problem. We simply need water dies of a treatable disease’’ (Pinheiro). to get over which party we are a part of and they were unwelcome. Everyone deserves adequate clothing, food, work toward a common goal. There is guar- There is an important lesson to be water and housing, but the problem is that anteed success if all of Congress works to- learned from the battles of Elizabeth these things are limited. There are homeless gether to move forward. and Roy Peratrovich. Even in defeat, shelters and water, but there may not be The current state of the Union is complex, they knew that change would come enough for everyone. The Government containing many positives and negatives. should try to help provide people with the from their participation in our polit- With the idea in mind that working together basic needs that are needed to survive. is necessary for the betterment of this na- ical system. They were not discouraged The government should act to protect all by their defeat in 1943. They came back tion, the President and Congress will move people from torture. The United Nations and forward and fix the dilemmas that this coun- fighting stronger than ever and en- the United States believe that people should try faces. joyed the victory 2 years later. have the right to be safe from torture. A Elizabeth would not live to see the guard watches as a man is assaulted by an BENJAMIN GILBERT, MILTON HIGH SCHOOL (FINALIST) United States adopt the same law she inmate in a jail Texas (Pinheiro). This man brought to Alaska in 1945. She passed gets assaulted and the guard does nothing. This country faces one of the most impor- The guard is watching; he should help to pro- tant stages of change and development it has away in 1958, at the age of 47, 6 years tect the people and not let them suffer even ever seen. The decisions we make as a nation before civil rights legislation would though they are in jail. The Government in the next few years will shape not only the pass nationally. should pay attention and try to help people future of our own lives, but the lives of every Roy Peratrovich saw that event. He feel free and safe from torture. citizen of this world. We won’t be able to do passed away in 1989 at age 81. He died 9 In order for everyone to get a long life, this unless we come together. We are hu- days before the first Elizabeth people need to have their basic needs. The mans. It is in our nature to disagree. We are Peratrovich Day was observed in the United Nations and the United States do not a democracy. It is a democracy’s nature to State of Alaska. But the Peratrovich have any kind of right that says that every- disagree. Disagreement is a sign of a thriving legacy and family live on. This past one should have healthcare or be able to democracy. It is also in our nature to solve have health care. Obamacare will allow more problems, to be civil, to be fair, and to pro- summer I had the opportunity to wel- people health insurance that they can afford vide for a better tomorrow. come Nathan Peratrovich, great-grand- (Marston). People who couldn’t afford health In the coming years, we need more doctors nephew of Roy and Elizabeth, to Wash- care before now have a health care that is and researchers, to finally find a cure for ington DC. I was awestruck at the more affordable. The Government is helping cancer. We need more books to inspire. We

VerDate Mar 15 2010 04:32 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.042 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S769 need more businesspeople to meet to the new throughout the course of the year to take economy since the 1930’s Great Recession. age markets. We need teachers, and lawyers. place of the large summer break. I think this Climate change is creating extreme weather We need successful young people to inherit would help because the long summer break disasters and destroying nature. Not to men- this country. However, this will not be pos- leaves ridiculous amounts of time to forget tion that there is more income inequality in sible with the rising costs of higher edu- everything you have learned in the school present day than ever before. These are only cation. The cost of sending a child to college year. I also think that Americans have re- a select few because the list of issues goes is the highest it has ever been. If we as a quirements for a second spoken language and on. The good news is that solutions are ac- country decide not to act, we cannot hope to to promote challenging classes throughout cessible but the bad news is that as long as make a better tomorrow for ourselves or for our schooling experience. If education is corporate lobbyists continue to corrupt leg- our children. In a state of economic turmoil, truly the key to our future, it needs to give islators, they will never be reached. The cuts have to be made. The military has been us not only the basics, but the skills to prob- United States Congress needs to stop allow- allowed to spend almost without limit. The lem solve, create and be the architects of ing corporate corruption. funds that will keep Americans safe and sol- America’s new future. The American economy is beginning to diers well equipped should not be touched, CHRISTIE KERSHAW, SOUTH BURLINGTON HIGH show signs of recovery but it still has a long but the endless spending must stop. Any- SCHOOL (FINALIST) way to go. Millions are out of a job and the government has a $16 trillion debt hovering thing that is not absolutely vital and nec- I believe our nation has shown much im- over their heads. The end of this recession is essary for the safety, protection, and justice provement over the past year. Job growth not going to come fast, but there are provi- of the American people ought to be reevalu- rates have been increasing and businesses sions that will begin to facilitate it, such as ated. have been getting back on their feet after an Since its foundation, America has been the raising taxes not only on the rich but on the economic low point. Even with these devel- corporations as well. This will cause more of birthplace for equality. From George Wash- opments, there are many more aspects that ington fighting against the oppression of a their money to go towards helping the gov- need to be addressed and improved. I believe ernment rather than manipulating it. monarchy, to Martin Luther King working that as a country, the biggest issues we towards a more civil existence, to Alice Paul America is not the only place being af- should be focusing on are improving the fected by climate change but that does not, screaming for the right to vote. Each step state of our environment and making college in any way, constitute sitting back and hop- has helped open the door to equality. Each more affordable for students. ing someone else will fix it. The United day we are tested, and each day we must an- In my opinion, our government isn’t tak- States makes up 2% of the world’s popu- swer history’s call to change. Gay men and ing the issue of global climate change as se- lation yet they use 25% of the world’s re- women have been quieted for centuries. But riously as it should be. We are no longer able sources. The environment’s safety is depend- their time is here. No federal ban on love to turn our backs on this difficult issue be- ent on Congress to create new laws that will will stop the dawn of equality that is break- cause we are already starting to see signs of further regulate manufacturers to reduce ing upon this nation. This is not about Re- its negative impacts on us. With major harmful emissions. America’s economy and publicans or Democrats, religions, or poli- droughts this summer in the Midwest and climate would prosper greatly if they in- tics, but about American people who love powerful storms like Super storm Sandy, it’s vested time and money into green energy. and cherish one another. clear to see that our climate is becoming Unfortunately, automobile and other cor- We have a broken system. Today, it is far more unpredictable and deadly, and the root porate lobbyists refuse to let that happen be- too difficult to receive mental healthcare. It cause of this is from climate change. There cause they can make more money manufac- is easier to get your hands on an assault haven’t been enough major moves put into turing oil-powered products. weapon than visit a doctor. We have seen in effect by our government to combat this Corporate lobbying has corrupted what the the past decade that this inequality leads to issue and I believe that both political parties Constitution deems as the most powerful a tragic and horrific reality. Assault weap- should work closer together to come to an branch of government. Much of the legisla- ons are made for the military, and should be agreement on how do this. There should be tion that is passed is beneficial to industries, reserved exclusively for that purpose. Most tighter regulations on the amount of green- whereas much of the legislation that would importantly, those in need of mental house gases factories can emit, higher miles be beneficial to the general population is re- healthcare should have access to it. We must per gallon standards for new cars, and more jected. The corporations have gained this forget about the politics and money, and money put into the development of renew- unhealthy amount of power by guaranteeing focus on the lives of Americans who are in able energy sources. members of Congress a future job in the pri- danger every day. In order to make advancements in the field vate sector in exchange for legislation that I have high hopes for the future of this of green energy to slow down climate will favor whichever industry and/or corpora- country. We are all different. We are often change, there must be scientists who are tion they represent. It is a gross injustice of very divided. However, we are strongest able to do the work. But we may soon be see- congressional power. when we stand together. ing a decrease in the number of these people The United States of America is at a fork LIAM HAYES, VERGENNES UNION HIGH because increasing costs for post-secondary in the road: they can either choose to take a (FINALIST) education make it difficult for those who step in the right direction and work for the Today our country is facing many prob- want to pursue a career in the sciences, or interests of the people, or they can take a lems that require the attention of not only any other field, to do so. In order to ensure leap in the wrong direction and work in the the leaders in Washington, but the American that our country will have enough highly interests of corporations. The country’s fu- people as well. As a teenager I believe the educated citizens to help bring our nation ture prosperity will be a result of that deci- two most important issues are unemploy- closer to solving our energy crisis, we need sion. It is crucial that the government abol- ment and our education system. I know that to make college more affordable for every- ishes corporate lobbying and strives to serve these issues are affecting our country, main- one. Universities must lower their tuition the people this nation was built for. This will ly in its overall growth. costs and have more scholarships and grants not be easy, but it is critical in the process First, I feel that our unemployment rate is for a wide range of students. If our govern- of rebuilding America. quite unacceptable. However, in the past ment made loans easier to get with lower in- ALEXANDRA MCFARLAND, WOODSTOCK UNION year it has been lowering slowly by the terest rates, this would also help remedy this HIGH SCHOOL (FINALIST) month. Although it may seem like a sub- problem. This particular issue is especially As we have seen throughout our country stantial amount, the area of the nation I live important to me because, as I start my col- over the past few years, climate change is in continues to struggle to find jobs for stu- lege career in less than a year, I will be greatly affecting weather patterns. In 2011 dents graduating college and for people re- spending a lot of time worrying about how I Vermont was hit by Hurricane Irene which training to new careers. I believe to continue will be able to pay for my education. Many devastated much of the state and resulted in this progress over the coming years America other students feel the same way as me and destroyed roads and homeless families. In needs to look at the national picture of what some may have to postpone their plans for 2012 Hurricane Sandy came ashore in New jobs are there, what new jobs could serve a higher education. A decrease in college-edu- Jersey and New York changing even more of need for products and industry and what cated citizens is not what our country needs our fellow Americans’ lives with massive de- skills these new industries will require right now. struction. Last year snowfall here in the Americans to have. These two issues of climate change and Green Mountains was nearly half of the an- Lastly, I think that when it comes to edu- post-secondary education affordability are to nual average. This year we have already seen cation in this great nation, the statistics and me the most important on the list of many two major snowstorms and snow levels are rankings don’t lie. In math, science, and our country is facing. If both political par- already approaching and surpassing the total writing, the US is in the lower half when ties work together, they will be able to re- snowfall of last year. We have to be con- compared to other nations. If you look at solve these issues in the near future. cerned with these extreme weather changes. statistics, compared to others, we are a more SONIA LOWEN, CHAMPLAIN VALLEY UNION Weird weather may now be normal weather developed country. I am sure there are many HIGH SCHOOL (FINALIST) and scientists predict such patterns only things that we can do as a country to climb The United States of America is the most worsening in the future unless we take ac- higher in the tables. I truly think that if powerful nation in the entire world but it’s tion. there wasn’t a long summer break, and there currently facing severe issues. The financial Climate change is a great problem that the were one or two week breaks frequently crash of 2008 resulted in the most disastrous United States, although on the surface has

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.081 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S770 CONGRESSIONAL RECORD — SENATE February 14, 2013 attempted to tackle, needs to face head on. get them to a better state. But wishing has have reached our goals. Thank you, and may We need to once again be world leaders. Our not done much for me, so I gave up. But now God bless you all. first step is to launch a nationwide cam- I have turned my head to the President and SALEBAN OLOW, WINOOSKI HIGH SCHOOL paign, as there remains a huge portion of the his colleagues. Maybe my plea can be heard (FINALIST) population who still believe climate change by them, to lower taxes on the poor and raise Dear President Obama, Senator Sanders, is simply a myth, to help folks understand it on the rich. I want to live an American and Fellow Americans, From the birth of the complex science. Second, our nation dream, not just dream it. The more you raise America, to America today, the driving force needs to support scientific research and pub- taxes on the lower-class, which is the major- and the heart of America has always been licize new discoveries that could help to bet- ity of Americans, the less money will go the American success story. The United ter our understanding of the climate change back into the economy. Tax the people who States of America is a country of oppor- crisis as well as create and implement new can spare an extra dollar, not the people who tunity and accomplishment. We believe in green technologies to combat it. We need to depend on that dollar for a meal. our country and our government. We believe establish a national plan to reduce our en- In my opinion, taxes should be raised on that we will eventually succeed, overcoming ergy use. the rich and lowered for the poor. Lower and any obstacles that we face. Our government The 350 Initiative, started by environ- middle classes have a hard time supporting and the entrepreneurs creating jobs made mental activist Bill McKibben, is a great their families because of taxes. What about our country the best among the world, but goal for our nation to strive toward. Through that American dream people talk so much new issues have appeared from the unem- awareness and education programs that will about? How will future generations be able ployment rate to the cost of college tuition lead us to conserve as well as the develop- to live that dream if they cannot even buy a to gun control. These are what we need to ment of new and innovative green tech- house? It is time to do something, so, in my address. nologies, we will reduce atmospheric carbon opinion, when the President makes his State Perhaps the biggest problem we face as a levels to a more sustainable level of 350 parts of the Union address he should promise to nation is the current rate of unemployment. per million by the year 2050. Scientists have lower taxes on the poor and raise them to According to the ‘‘Department of Numbers,’’ shown that 350 is a safe upper limit for the the rich. during the November of 2012, the unemploy- amount of carbon in the atmosphere. The 350 DERRYK O’GRADY, MILTON HIGH SCHOOL ment rate is down to 7.7 percent of people in plan puts a solid number that we can strive (FINALIST) the United States. This means that over 12 to achieve on a concept that so often feels My fellow Americans, we need to remem- million Americans are jobless, including my much too great to tackle. ber the tragic events that occurred in New- mom. Many American families are losing As one of the largest economies and one of town, Connecticut, change in gun control their jobs because companies obtain their the largest consumers of fossil fuels, we laws must happen. Unfortunate events like jobs. Companies and wealthy people are get- should be a leader in changing the way peo- this can separate weak countries and divide ting richer and those from the middle class ple around the globe think about our cli- them, but we are different. A tragic incident and poverty levels are falling toward and mate. It’s not simply here for us to use at like this makes us more aware and stronger. below the poverty line. This is particularly will. It’s here for us to take care of and pre- As we move forward, we will use this as a true given the fact that the dollar is not serve for generations to come. These are learning experience to make this country worth what it was in the past. As a result, feats that our country has the resources, the safer by decreasing the ability to own a gun. inflation is boosting up the price of all goods will power and the ingenuity to tackle. In addition to gun control, the following and services. As unemployment has been ris- We will not sit back and watch as extreme are other major topics of concern. First, we ing, the cost of education is increasing. weather washes over our great nation. As we are in major national debt. Second, unem- Today, American colleges have imposed an have in the past, we will face our worst prob- ployment rates are reaching an unbearable extraordinary increase in tuition. Addition- lems and we will overcome them. high. Third we need to use more green en- ally, there are also issues such as gay rights, RACHEL MOORE, SOUTH ROYALTON MIDDLE/ ergy and save more of the world’s oil. Lastly, Social Security, illegal immigration and the HIGH SCHOOL (FINALIST) the cost of the education is incredibly high War on Terror. My family is like most families in and still increasing. We must find solutions In spite of these factors, many students in Vermont: middle-class citizens. Both my to these issues and I believe I can do it. the United States look for higher education parents work to pay taxes and to put meals We need to better our international rela- after high school. They want to go to college on the table for my two brothers and me. tionships. We need to stop involving our- and have a good career. If the government’s Sometimes barely getting by is all we can selves in wars. Wars are a heavy burden, and influence results in increasing college costs, do. Life is not what it used to be. When it is over the past twelve years, we spent $3.7 tril- then students like ‘‘ME’’ will not be able to time for taxes to be paid for, it is always the lion and by the end, possibly $4.4 trillion. afford college. The average family cannot hardest, but we skim by. Taxes are killers to This money does not need to be spent. We fully support their child’s tuition costs. Our lower and middle class citizens. I think the need to take care of our own business, im- parents’ incomes are spent paying for college government should address this problem in pose higher taxes on the wealthy, and save debt. While many college graduates remain full detail. It is time to be fair and to put the money from wars. jobless, they still must face debts of more money back into the economy. In my opin- More jobs need to be created for our coun- than 90K dollars. For our newly hatching ion, when the President gives his State of try. The national unemployment rate is generation, I believe that college tuition the Union speech, he should promise to raise around 7.7%, and in 2010, we reached 9.8%. A should be cheaper for everyone no matter taxes for the rich and lower them for the steady decline has to continue to happen. what economic level the family is. poor. The more people in this country working, Regarding another critical issue, each year Lower-class citizens pay taxes like every- the more revenue we can bring. This will thousands of Americans lose their lives one else. The difference between them and help chip away at the debt because the more through gun related problems. Guns are de- higher classes is their income. Lower-class people working making money, the more signed to kill people easily and many lives citizens do not receive a lot of income. money they can spend. This series of work- are lost each year because the United States Therefore they have a harder time sup- ing, making money, and putting it back into doesn’t have strict gun control laws. The porting their families. There is a reason why the economy is what we need to create a sur- deadly massacre shooting at a Connecticut so many people are losing their homes. And plus. elementary school was heartbreaking. The most of those people are lower-class citizens. America’s oil dependency is on a slight de- outcome of this tragedy resulted in the When the President makes his State of the crease since president Obama took office. We deaths of 20 children and 6 adults, a painful Union address, he, in my opinion, should have limited the use of other countries oil by scenario. Beautiful little kids between the promise to raise taxes on the rich and lower depending more on ourselves and this saves ages of 4 and 9 years were slaughtered. It is them for the poor. It is not fair that lower- money. We need to find more ways of using my strong opinion that the government class people work twice as hard to keep their renewable energy such as wind power, solar should pass a gun law that would reduce gun home, and to pay for food, when higher-class power, and hydro power: fossil fuel is not ev- problems. President Obama and fellow law- citizens do not have to work as hard and erlasting, while renewable energy is. makers, I feel you need to be creative and they do not need to worry. Lower-class citi- We tell high school students that they figure out a better way to ensure young kids’ zens are not the only ones who suffer from need to go to college to reach success, but safety. By choosing you, the United States is taxes. then we throw them in debt. The prices for going in the right direction for a better fu- Middle-class citizens also suffer from college are astronomically high and continue ture. taxes. They have to work harder to support to increase. The average price for an in-state In conclusion, the challenges that we face their families than the higher-class. Being a student is $22,000 a year. How many students with unemployment, college tuition and gun part of the middle-class group, I have experi- can afford to spend $88,000? The answer is control are ones that we must currently ad- enced the effects taxes have on our lives. easy: not many. We need to find a standard dress. We must make significant changes in Sometimes skimming by is all my family is price range for colleges to work with. order to progress. The success of our nation capable of doing. I have sat at the table As we grow as a nation, I promise we will must be made by building upon our society. watching my mom write out and pay all her find answers. Our nation can overcome any As in the past, we can and always will work bills. I frequently wish that I were rich, so I challenge. Nothing brings this country down. hard and make America and the world a bet- could support all my family members and to We will keep fighting these battles until we ter place.

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.081 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S771 God bless the United States of America. witnessing over the past four years, this has same-sex marriage in all states, similar to ROBERT PENNYPACKER, ST. JOHNSBURY more to do with flaws in the system itself that of the desegregation laws of the sixties ACADEMY (FINALIST) rather than the puppets within it. Sure, peo- and seventies. This year’s Tax Rate for the richest are the ple are selfish and want the connections vot- If we as a nation are to be prosperous, we lowest this Country has ever seen! ing a certain way or hiring a specific set of must grow and adapt to the world around us. Today’s tax rate means that person mak- hands will bring—but what ingenious eco- In order to reach our goals their will have to ing $379,150 pays the same tax as a person nomic system provides the impetus for such be sacrifices made by every American. We making seven million dollars. Thirty years action? Capitalism, at the root of it all, en- must make changes to the economy, mili- ago this was different. In 1981 there were 16 ables members of Congress and the wealthy tary, and civil rights in order to reach our tax brackets. Today there are six. The high- holding the strings above them to exist as lofty goals and reap the benefits of our hard est tax bracket for today’s federal income money-motivated figures of power. The pri- work.∑ vatization of education, healthcare, and tax is 35% for a person making $379,150 or f more. That means you’re taxing a small human services creates the legislative stand- business owner the same rate as a giant cor- still we’ve got in Congress, which dedicates MESSAGE FROM THE HOUSE poration president like General Electric’s an absurd amount of time to arguing over Chairman and CEO Jeffrey Immelt who has a non-issues in a partisan lock. This allows At 11:35 a.m., a message from the salary of 3.3 million dollars as of 2011. legislation that matters often gets nixed in House of Representatives, delivered by If and when the tax rate increases for the committee or shoved through without nec- Mr. Novotny, one of its reading clerks, rich like many Americans want, it will not essary debate. announced that the House has passed hurt the economy like the GOP is stating. Capitalist society has created a dysfunc- the following bills, in which it requests Last September, the Congressional Research tional Congress, and until we fix the system the concurrence of the Senate: Service published a report countering Repub- we will keep getting the same results. The lican claims that lowering top tax rates bandage for this infectious situation is com- H.R. 267. An act to improve hydropower, would lead, or had led, to higher economic promise in the Senate and House of Rep- and for other purposes. growth. ‘‘Changes over the past 65 years in resentatives—impending compromise, I pre- H.R. 592. An act to amend the Robert T. the top marginal rate and the top capital dict, what with a certain cliff looming over Stafford Disaster Relief and Emergency As- gains tax rate do not appear correlated with our heads. Antibiotics for a more permanent sistance Act to clarify that houses of wor- economic growth,’’ the report concluded. Re- change would mean a re-evaluation of every- ship are eligible for certain disaster relief publican Minority Leader Mitch McConnell thing we’ve grown up being told was ‘‘Amer- and emergency assistance on terms equal to responded by having the report suppressed, ican’’: federalized elections, spending limits other eligible private nonprofit facilities, but its findings were incontrovertible. This on campaigns, socialized care for humans and for other purposes. shows that, with the rise in taxes for the and our unalienable rights (health, edu- f upper class, it will not affect the economy cation, safety), and public ownership of the like many Republicans are stating. land of the free. MEASURES REFERRED Also, we are at war with the Taliban and AUSTIN PRICE, MT. ANTHONY UNION HIGH yet we still have lower taxes than ever be- The following bill was read the first SCHOOL (FINALIST) fore. How are we paying to support this war? and the second times by unanimous Never before has the United States had lower My fellow Americans, Our country is consent, and referred as indicated: evolving and changing in ways it has never taxes during a war. In 1943, during WWII, the H.R. 267. An act to improve hydropower, before. We can either adjust or get left in the tax rate for a person making $2,593,984 (ad- and for other purposes; to the Committee on past. America was once the greatest power in justed for inflation) was 88%. In that same Energy and Natural Resources. year a person making $155,000 (adjusted for the world and I believe we can get back to inflation) was 38%. During the Vietnam War, that, but we must take hold and lead with f in 1966, the tax rate for a person making force. Although we are on the path back, we $629,530 (adjusted for inflation) was 70%. still need to focus on our military, economy, REPORTS OF COMMITTEES Also, in that same year, a person making and civil rights. The following reports of committees $83,104 (adjusted for inflation) was 36%. To- Our military is the backbone of our success were submitted: day’s tax rate, as of 2011, for a person making as a nation. With over nine hundred military By Mr. HARKIN, from the Committee on $379,150 is 35%. A person making 1.1 million bases internationally, we need our military Health, Education, Labor, and Pensions, dollars tax rate pay the same 35%. to be strong as ever to protect our trading Should a person making $379,150 pay the partners as well as us. The necessary with an amendment in the nature of a sub- same rate as multi-millionaires? No they changes that must be made are to increase stitute: shouldn’t. Why do we have the lowest taxes our presence in the countries that are filled H.R. 307. A bill to reauthorize certain pro- ever in the United States and yet be in a with enemies of the state and looking to do grams under the Public Health Service Act war? The United States should have taxes harm to the United States and its citizens. and the Federal Food, Drug, and Cosmetic similar to years before. The middle class We must increase the spending budget for Act with respect to public health security should pay the same rate. The rates for the the military so that we will maintain our and all-hazards preparedness and response, middle class have stayed within the same internationally renowned army. We as a and for other purposes. percentage for the last 70 years. Meanwhile country have the responsibility to not only By Mr. MENENDEZ, from the Committee the upper class has gone from a 90 percent protect our rights, but to protect the civil on Foreign Relations, with an amendment tax rate in the 1940’s and 50’s to 70 percent rights of others who don’t have the ability and with an amended preamble: from 1960’s through 1981, and 50 percent in themselves. S. Res. 12. A resolution recognizing the 1982 through 1986. Now they have a 35 percent Further, we are in one of the greatest re- third anniversary of the tragic earthquake in tax rate which is the same as a middle class cessions since the Great Depression; we face Haiti on January 12, 2010, honoring those citizen. The United States should raise the unprecedented challenges as a nation to get who lost their lives in that earthquake, and taxes of the rich. back on top. If any country can come out of expressing continued solidarity with the peo- REBECCA POTTER, BRATTLEBORO UNION HIGH a depression and be even stronger than be- ple of Haiti. SCHOOL (FINALIST) fore, it is America, the home of the brave. By Mr. HARKIN, from the Committee on Health, Education, Labor, and Pensions, Congress is dysfunctional because of pri- Were the spending in any sector to increase, without amendment: ority discrepancies. Some in our government then there would be a huge influx of jobs S. 252. A bill to reduce preterm labor and seem to believe that holds, filibusters, and that were created by all that new money. A less legal tactics of delay and obstruction higher tax rate for the wealthiest of Ameri- delivery and the risk of pregnancy-related serve as necessary means to a greater GOP- cans will help this nation get out of the deaths and complications due to pregnancy, dominated end. Others argue that while dis- greatest debt it has ever been in. It is time and to reduce infant mortality caused by agreement is key in a true democracy, so is for everyone to pay their fair share. Al- prematurity. compromise. Certain members of the Senate, though the taxes do need to be increased, in- By Mr. MENENDEZ, from the Committee where unanimous consent remains relevant creasing the taxes on small business owners on Foreign Relations, with amendments: in the scheduling and timing of legislation, will only hurt our economy because they will S. 298. A bill to prevent nuclear prolifera- stand by ‘‘holding’’ the Senate’s progress on hire fewer workers. tion in North Korea, and for other purposes. a bill or committee action. Others point out There is also a great civil rights issue that f that this is 2012, where a hold in Senate ex- must be addressed in our country. This is the ists as a euphemism for indefinite or perma- marriage of homosexuals. I am proud to say EXECUTIVE REPORTS OF nent vetoes, often done in secret. In both that the state I reside in has done what few COMMITTEE other states are brave enough to do by cre- houses, many forget that the true party The following executive reports of holding the majority in Congress is the ating civil unions. There are a shocking white, heterosexual, wealthy men. forty-one states that ban same-sex marriage nominations were submitted: While Congress’ dysfunction directly cor- compared to only nine that allow it. I am By Mr. LEAHY for the Committee on the relates with the partisan gridlock we’ve been asking for an immediate legalization of Judiciary.

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.081 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S772 CONGRESSIONAL RECORD — SENATE February 14, 2013

Mark A. Barnett, of Virginia, to be a Judge By Mr. THUNE (for himself, Mr. UDALL UDALL of Colorado, Mr. TESTER, and of the United States Court of International of New Mexico, and Mr. BENNET): Mr. UDALL of New Mexico): Trade. S. 328. A bill to amend title XVIII of the S. 338. A bill to amend the Land and Water Claire R. Kelly, of New York, to be a Judge Social Security Act to allow certain critical Conservation Fund Act of 1965 to provide of the United States Court of International access hospitals and sole community hos- consistent and reliable authority for, and for Trade. pitals to use interactive telecommunications the funding of, the land and water conserva- Caitlin Joan Halligan, of New York, to be systems to satisfy requirements with respect tion fund to maximize the effectiveness of United States Circuit Judge for the District to having a physician available to stabilize the fund for future generations, and for other of Columbia Circuit. an individual with an emergency medical purposes; to the Committee on Energy and Patty Shwartz, of New Jersey, to be United condition under the Medicare program; to Natural Resources. States Circuit Judge for the Third Circuit. the Committee on Finance. By Mr. MCCAIN (for himself and Mr. Pamela Ki Mai Chen, of New York, to be By Mr. SANDERS: FLAKE): United States District Judge for the Eastern S. 329. A bill to eliminate certain fuel sub- S. 339. A bill to facilitate the efficient ex- District of New York. sidies and to amend the Internal Revenue traction of mineral resources in southeast Katherine Polk Failla, of New York, to be Code of 1986 to extend certain energy tax in- Arizona by authorizing and directing an ex- United States District Judge for the South- centives; to the Committee on Finance. change of Federal and non-Federal land, and ern District of New York. By Mrs. BOXER (for herself, Mr. for other purposes; to the Committee on En- Andrew Patrick Gordon, of Nevada, to be COBURN, Ms. BALDWIN, and Mr. PAUL): ergy and Natural Resources. United States District Judge for the District S. 330. A bill to amend the Public Health By Ms. MURKOWSKI (for herself and of Nevada. Service Act to establish safeguards and Mr. BEGICH): Ketanji Brown Jackson, of Maryland, to be standards of quality for research and trans- S. 340. A bill to provide for the settlement plantation of organs infected with human United States District Judge for the District of certain claims under the Alaska Native immunodeficiency virus (HIV); to the Com- of Columbia. Claims Settlement Act, and for other pur- mittee on Health, Education, Labor, and Raymond P. Moore, of Colorado, to be poses; to the Committee on Energy and Nat- Pensions. United States District Judge for the District ural Resources. By Mr. BROWN (for himself and Mr. of Colorado. By Mr. UDALL of Colorado (for himself PORTMAN): Troy L. Nunley, of California, to be United and Mr. BENNET): S. 331. A bill to authorize the Secretary of States District Judge for the Eastern Dis- S. 341. A bill to designate certain lands in the Interior to conduct a special resource San Miguel, Ouray, and San Juan Counties, trict of California. study to determine the suitability and feasi- Beverly Reid O’Connell, of California, to be Colorado, as wilderness, and for other pur- bility of designating the Colonel Charles poses; to the Committee on Energy and Nat- United States District Judge for the Central Young Home in Xenia, Ohio, as a unit of the District of California. ural Resources. National Park System, and for other pur- By Mr. REID (for himself and Mr. Analisa Torres, of New York, to be United poses; to the Committee on Energy and Nat- States District Judge for the Southern Dis- HELLER): ural Resources. S. 342. A bill to designate the Pine Forest trict of New York. By Mr. SANDERS (for himself and Mrs. Range Wilderness area in Humboldt County, Derrick Kahala Watson, of Hawaii, to be BOXER): Nevada; to the Committee on Energy and United States District Judge for the District S. 332. A bill to address climate disrup- Natural Resources. of Hawaii. tions, reduce carbon pollution, enhance the By Mr. REID (for himself and Mr. (Nominations without an asterisk use of clean energy, and promote resilience HELLER): were reported with the recommenda- in the infrastructure of the United States, S. 343. A bill to provide for the conveyance tion that they be confirmed.) and for other purposes; to the Committee on of certain Federal land in Clark County, Ne- Environment and Public Works. vada, for the environmental remediation and f By Mr. LAUTENBERG (for himself, reclamation of the Three Kids Mine Project INTRODUCTION OF BILLS AND Mr. BLUMENTHAL, Mr. WHITEHOUSE, Site, and for other purposes; to the Com- JOINT RESOLUTIONS Mrs. BOXER, Mr. FRANKEN, Mr. mittee on Energy and Natural Resources. BROWN, Mr. SANDERS, Mr. WYDEN, Mr. By Mr. WICKER (for himself and Mr. The following bills and joint resolu- MENENDEZ, and Mrs. GILLIBRAND): VITTER): tions were introduced, read the first S. 333. A bill to establish certain duties for S. 344. A bill to prohibit the Administrator and second times by unanimous con- pharmacies to ensure provision of Food and of the Environmental Protection Agency sent, and referred as indicated: Drug Administration-approved contracep- from approving the introduction into com- tion, and for other purposes; to the Com- By Mr. SCHUMER: merce of gasoline that contains greater than mittee on Health, Education, Labor, and S. 324. A bill to amend part B of the title 10-volume-percent ethanol, and for other Pensions. XVIII of the Social Security Act to apply purposes; to the Committee on Environment By Mrs. MCCASKILL (for herself and and Public Works. deemed enrollment to residents of Puerto Mr. FLAKE): By Mrs. SHAHEEN (for herself, Mr. Rico and to provide a special enrollment pe- S. 334. A bill to terminate agricultural di- KIRK, Mr. TOOMEY, Mr. DURBIN, Mr. riod and a reduction in the late enrollment rect payments beginning with the 2013 crop PORTMAN, Mr. LAUTENBERG, Mr. penalties for certain residents of Puerto year; to the Committee on Agriculture, Nu- CORKER, Mrs. FEINSTEIN, Ms. AYOTTE, Rico; to the Committee on Finance. trition, and Forestry. and Mr. ALEXANDER): By Mr. TESTER (for himself, Mr. By Mr. MERKLEY (for himself and Mr. S. 345. A bill to reform the Federal sugar HELLER, Mrs. MURRAY, Mr. BAUCUS, LAUTENBERG): program, and for other purposes; to the Com- Mr. BLUMENTHAL, Mr. BEGICH, and S. 335. A bill to provide financing assist- mittee on Agriculture, Nutrition, and For- Mr. ROCKEFELLER): ance for qualified water infrastructure estry. S. 325. A bill to amend title 38, United projects, and for other purposes; to the Com- By Mr. TESTER (for himself, Mr. States Code, to increase the maximum age mittee on Environment and Public Works. HELLER, and Mr. BAUCUS): for children eligible for medical care under By Mr. ENZI (for himself, Mr. DURBIN, S. 346. A bill to amend title 10, United the CHAMPVA program, and for other pur- Mr. ALEXANDER, Mr. JOHNSON of States Code, to permit veterans who have a poses; to the Committee on Veterans’ Af- South Dakota, Mr. BOOZMAN, Mr. service-connected, permanent disability fairs. REED, Mr. BLUNT, Mr. WHITEHOUSE, rated as total to travel on military aircraft By Mrs. BOXER (for herself, Ms. MUR- Mr. CORKER, Mr. PRYOR, Mr. ROCKE- in the same manner and to the same extent KOWSKI, Mrs. MURRAY, Mr. BEGICH, FELLER, Ms. KLOBUCHAR, Mr. as retired members of the Armed Forces en- and Mr. MANCHIN): FRANKEN, Ms. HEITKAMP, Mr. CARDIN, titled to such travel; to the Committee on S. 326. A bill to reauthorize 21st century Mrs. FEINSTEIN, Ms. LANDRIEU, Mr. Armed Services. community learning centers, and for other MANCHIN, Mr. LEVIN, and Mr. HAR- By Mr. CARPER (for himself and Mr. purposes; to the Committee on Health, Edu- KIN): COONS): cation, Labor, and Pensions. S. 336. A bill to restore States’ sovereign S. 347. A bill to establish the First State By Mr. BARRASSO (for himself, Mr. rights to enforce State and local sales and National Historical Park in the State of ENZI, Mr. HATCH, Mr. LEE, Mr. JOHN- use tax laws, and for other purposes; to the Delaware, and for other purposes; to the SON of South Dakota, Mr. THUNE, and Committee on Finance. Committee on Energy and Natural Re- Mr. UDALL of Colorado): By Ms. STABENOW (for herself, Mr. sources. S. 327. A bill to authorize the Secretary of ROCKEFELLER, Mrs. MCCASKILL, Mr. By Mr. ROCKEFELLER (for himself, Agriculture and the Secretary of the Interior DURBIN, Mr. WHITEHOUSE, Ms. KLO- Mr. MANCHIN, and Mrs. GILLIBRAND): to enter into cooperative agreements with BUCHAR, and Mr. BLUMENTHAL): S. 348. A bill to provide for increased Fed- State foresters authorizing State foresters to S. 337. A bill to provide an incentive for eral oversight of prescription opioid treat- provide certain forest, rangeland, and water- businesses to bring jobs back to America; to ment and assistance to States in reducing shed restoration and protection services; to the Committee on Finance. opioid abuse, diversion, and deaths; to the the Committee on Energy and Natural Re- By Mr. BAUCUS (for himself, Mr. Committee on Health, Education, Labor, and sources. BURR, Mr. WYDEN, Mr. GRAHAM, Mr. Pensions.

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.009 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S773 By Mr. REED (for himself, Mr. United States in order to disseminate infor- provided to the claimant by registered mail BLUMENTHAL, Mr. WHITEHOUSE, and mation when a law enforcement officer is se- to cure the 1 or more defects or pay the Mr. MURPHY): riously injured or killed in the line of duty; claim maintenance fee, and for other pur- S. 349. A bill to amend the Wild and Scenic to the Committee on the Judiciary. poses; to the Committee on Energy and Nat- Rivers Act to designate a segment of the By Mr. FRANKEN (for himself, Mrs. ural Resources. Beaver, Chipuxet, Queen, Wood, and MURRAY, Mrs. SHAHEEN, Mr. NELSON, By Mr. CARDIN (for himself and Ms. Pawcatuck Rivers in the States of Con- Mr. JOHNSON of South Dakota, Mrs. COLLINS): necticut and Rhode Island for study for po- GILLIBRAND, Mr. CARDIN, and Ms. S. 367. A bill to amend title XVIII of the tential addition to the National Wild and WARREN): Social Security Act to repeal the Medicare Scenic Rivers System, and for other pur- S. 358. A bill to establish a Science, Tech- outpatient rehabilitation therapy caps; to poses; to the Committee on Energy and Nat- nology, Engineering, and Math (STEM) Mas- the Committee on Finance. ural Resources. ter Teacher Corps program; to the Com- By Mr. HEINRICH (for himself, Mr. By Mr. CORNYN (for himself and Mr. mittee on Health, Education, Labor, and HELLER, Mr. BAUCUS, Mr. BENNET, WYDEN): Pensions. Mr. TESTER, Mr. UDALL of Colorado, S. 350. A bill to provide for Federal agen- By Mr. WYDEN (for himself, Mr. PAUL, Mr. UDALL of New Mexico, and Mr. cies to develop public access policies relating Mr. MCCONNELL, and Mr. MERKLEY): WYDEN): to research conducted by employees of that S. 359. A bill to amend the Controlled Sub- S. 368. A bill to reauthorize the Federal agency or from funds administered by that stances Act to exclude industrial hemp from Land Transaction Facilitation Act, and for agency; to the Committee on Homeland Se- the definition of marihuana, and for other other purposes; to the Committee on Energy curity and Governmental Affairs. purposes; to the Committee on the Judici- and Natural Resources. By Mr. CORNYN (for himself, Mr. ary. By Mr. RUBIO (for himself, Mr. HATCH, HATCH, Mr. COATS, Mr. CHAMBLISS, By Mr. UDALL of New Mexico (for Mr. BLUNT, Mr. PAUL, Mr. RISCH, Mr. Mr. RISCH, Mr. COCHRAN, Mr. himself, Mr. HEINRICH, Mr. BEGICH, GRASSLEY, Mr. JOHANNS, Mr. BURR, JOHANNS, Mr. WICKER, Mr. INHOFE, Mrs. BOXER, and Mr. COONS): Mrs. FISCHER, Mr. BOOZMAN, Mr. Mr. RUBIO, Mr. BARRASSO, Mr. CRAPO, S. 360. A bill to amend the Public Lands WICKER, Mr. CORKER, Mr. INHOFE, Mr. Mr. GRASSLEY, Mr. PORTMAN, Mr. Corps Act of 1993 to expand the authorization ROBERTS, Mr. COBURN, Mr. ENZI, Mr. COBURN, Mr. FLAKE, Mr. JOHNSON of of the Secretaries of Agriculture, Commerce, CHAMBLISS, Mr. MCCONNELL, Mr. VIT- Wisconsin, Mr. THUNE, Mr. GRAHAM, and the Interior to provide service opportu- TER, Mr. MORAN, Mr. GRAHAM, Mr. Mr. MORAN, Mr. BOOZMAN, Mr. BURR, nities for young Americans; help restore the CRUZ, and Mr. CORNYN): Ms. COLLINS, Mr. PAUL, Mr. ISAKSON, nation’s natural, cultural, historic, archae- S. 369. A bill to amend title 18, United Mr. HOEVEN, Mr. TOOMEY, Mr. ROB- ological, recreational and scenic resources; States Code, to prohibit taking minors ERTS, Mr. BLUNT, Mrs. FISCHER, Ms. train a new generation of public land man- across State lines in circumvention of laws AYOTTE, and Mr. ENZI): agers and enthusiasts; and promote the value requiring the involvement of parents in abor- S. 351. A bill to repeal the provisions of the of public service; to the Committee on En- tion decisions; to the Committee on the Ju- Patient Protection and Affordable Care Act ergy and Natural Resources. diciary. of providing for the Independent Payment By Ms. MURKOWSKI (for herself, Mr. By Mr. COCHRAN (for himself and Ms. Advisory Board; to the Committee on Fi- BROWN, Mr. ENZI, Mr. MENENDEZ, Mr. MIKULSKI): nance. REED, and Mr. MERKLEY): S. 370. A bill to improve and expand geo- By Mr. WYDEN (for himself and Mr. S. 361. A bill to require the lender or graphic literacy among kindergarten MERKLEY): servicer of a home mortgage, upon a request through grade 12 students in the United S. 352. A bill to provide for the designation by the homeowner for a short sale, to make States by improving professional develop- of the Devil’s Staircase Wilderness Area in a prompt decision whether to allow the sale; the State of Oregon, to designate segments ment programs for kindergarten through to the Committee on Banking, Housing, and of Wasson and Franklin Creeks in the State grade 12 teachers offered through institu- of Oregon as wild rivers, and for other pur- Urban Affairs. tions of higher education; to the Committee poses; to the Committee on Energy and Nat- By Mr. TESTER (for himself and Mr. on Health, Education, Labor, and Pensions. ural Resources. BEGICH): By Mr. REED (for himself, Mr. WHITE- S. 362. A bill to promote the mapping and By Mr. WYDEN (for himself and Mr. HOUSE, Ms. WARREN, and Mr. COWAN): development of United States geothermal re- S. 371. A bill to establish the Blackstone MERKLEY): S. 353. A bill to designate certain land in sources by establishing a direct loan pro- River Valley National Historical Park, to the State of Oregon as wilderness, to make gram for high risk geothermal exploration dedicate the Park to John H. Chafee, and for additional wild and scenic river designations wells, to amend the Energy Independence other purposes; to the Committee on Energy in the State of Oregon, and for other pur- and Security Act of 2007 to improve geo- and Natural Resources. poses; to the Committee on Energy and Nat- thermal energy technology and demonstrate By Mr. LAUTENBERG (for himself, ural Resources. the use of geothermal energy in large scale Mr. MENENDEZ, Ms. HIRONO, Mr. By Mr. WYDEN (for himself and Mr. thermal applications, and for other purposes; FRANKEN, and Mr. BLUMENTHAL): MERKLEY): to the Committee on Energy and Natural Re- S. 372. A bill to provide for the reduction of S. 354. A bill to modify the boundary of the sources. unintended pregnancy and sexually trans- Oregon Caves National Monument, and for By Mr. WYDEN (for himself, Ms. MUR- mitted infections, including HIV, and the other purposes; to the Committee on Energy KOWSKI, Mr. BEGICH, Mr. CRAPO, Mr. promotion of healthy relationships, and for and Natural Resources. RISCH, and Mr. MERKLEY): other purposes; to the Committee on Health, By Mr. MERKLEY (for himself, Mr. S. 363. A bill to expand geothermal produc- Education, Labor, and Pensions. ENZI, Mr. SCHUMER, and Mr. BAR- tion, and for other purposes; to the Com- By Mrs. SHAHEEN (for herself and RASSO): mittee on Energy and Natural Resources. Mrs. GILLIBRAND): S. 355. A bill to require the United States By Mr. BAUCUS (for himself and Mr. S. 373. A bill to amend titles 10, 32, 37, and Trade Representative to notify the World TESTER): 38 of the United States Code, to add a defini- Trade Organization if any member of the S. 364. A bill to establish the Rocky Moun- tion of spouse for purposes of military per- World Trade Organization fails during 2 con- tain Front Conservation Management Area, sonnel policies and military and veteran ben- secutive years to disclose subsidies under the to designate certain Federal land as wilder- efits that recognizes new State definitions of Agreement on Subsidies and Countervailing ness, and to improve the management of spouse; to the Committee on Veterans’ Af- Measures, and for other purposes; to the noxious weeds in the Lewis and Clark Na- fairs. Committee on Finance. tional Forest, and for other purposes; to the f By Mr. JOHANNS (for himself, Mr. Committee on Energy and Natural Re- INHOFE, Mr. GRASSLEY, Mrs. FISCHER, sources. SUBMISSION OF CONCURRENT AND Mr. BOOZMAN, Mr. ENZI, Mr. THUNE, By Ms. KLOBUCHAR (for herself and SENATE RESOLUTIONS Mr. RISCH, Mr. VITTER, and Mr. COCH- Mr. FRANKEN): The following concurrent resolutions RAN): S. 365. A bill to authorize the Secretary of S. 356. A bill to ensure that women seeking the Army to carry out activities to manage and Senate resolutions were read, and an abortion are fully informed regarding the the threat of Asian carp travelling up the referred (or acted upon), as indicated: pain experienced by their unborn child; to Mississippi River in the State of Minnesota, By Mr. CARDIN (for himself and Ms. the Committee on Health, Education, Labor, and for other purposes; to the Committee on MIKULSKI): and Pensions. Environment and Public Works. S. Res. 35. A resolution congratulating the By Mr. CARDIN (for himself, Mr. GRA- By Ms. MURKOWSKI: Baltimore Ravens for winning Super Bowl HAM, Mr. LEAHY, Ms. KLOBUCHAR, S. 366. A bill to amend the Omnibus Budget XLVII; considered and agreed to. Mrs. BOXER, Mr. BLUMENTHAL, Mr. Reconciliation Act of 1993 to require the Bu- By Mr. JOHANNS (for himself, Mr. WHITEHOUSE, Ms. HEITKAMP, and Mr. reau of Land Management to provide a HARKIN, Mrs. FISCHER, Mr. DURBIN, DURBIN): claimant of a small miner waiver from claim and Mr. GRASSLEY): S. 357. A bill to encourage, enhance, and in- maintenance fees with a period of 60 days S. Res. 36. A resolution recognizing Feb- tegrate Blue Alert plans throughout the after written receipt of 1 or more defects is ruary 19, 2013 as the centennial of Mosaic, a

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.014 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S774 CONGRESSIONAL RECORD — SENATE February 14, 2013 faith-based organization that was founded in formed services who have a service- (Mr. UDALL) was added as a cosponsor Nebraska and now serves more than 3,600 in- connected disability to receive both of S. Res. 12, a resolution recognizing dividuals with intellectual disabilities in 10 disability compensation from the De- the third anniversary of the tragic States; considered and agreed to. partment of Veterans Affairs for their earthquake in Haiti on January 12, By Mr. BROWN (for himself, Mr. 2010, honoring those who lost their GRASSLEY, Mr. FRANKEN, Mr. HARKIN, disability and either retired pay by Mr. CASEY, Mr. INHOFE, and Mr. reason of their years of military serv- lives in that earthquake, and express- LEVIN): ice or Combat-Related Special Com- ing continued solidarity with the peo- S. Res. 37. A resolution expressing the pensation, and for other purposes. ple of Haiti. sense of the Senate in disapproving the pro- S. 264 S. RES. 26 posal of the International Olympic Com- At the request of Ms. STABENOW, the At the request of Mr. MORAN, the mittee Executive Board to eliminate wres- name of the Senator from Delaware names of the Senator from South Da- tling from the Summer Olympic Games be- kota (Mr. THUNE), the Senator from ginning in 2020; to the Committee on Com- (Mr. COONS) was added as a cosponsor Maine (Ms. COLLINS), the Senator from merce, Science, and Transportation. of S. 264, a bill to expand access to Idaho (Mr. CRAPO) and the Senator f community mental health centers and improve the quality of mental health from Mississippi (Mr. COCHRAN) were ADDITIONAL COSPONSORS care for all Americans. added as cosponsors of S. Res. 26, a res- olution recognizing that access to hos- S. 82 S. 278 pitals and other health care providers At the request of Mr. PAUL, the name At the request of Mr. THUNE, the for patients in rural areas of the of the Senator from Arkansas (Mr. name of the Senator from New Jersey United States is essential to the sur- BOOZMAN) was added as a cosponsor of (Mr. LAUTENBERG) was added as a co- vival and success of communities in S. 82, a bill to provide that any execu- sponsor of S. 278, a bill to replace the the United States. tive action infringing on the Second Budget Control Act sequester for fiscal Amendment has no force or effect, and year 2013 by eliminating tax loopholes. f to prohibit the use of funds for certain S. 290 STATEMENTS ON INTRODUCED purposes. At the request of Mr. REED, the name BILLS AND JOINT RESOLUTIONS S. 175 of the Senator from Rhode Island (Mr. By Mrs. BOXER (for herself, Ms. At the request of Mr. ROBERTS, the WHITEHOUSE) was added as a cosponsor MURKOWSKI, Mrs. MURRAY, Mr. name of the Senator from Idaho (Mr. of S. 290, a bill to reduce housing-re- BEGICH, and Mr. MANCHIN): RISCH) was added as a cosponsor of S. lated health hazards, and for other pur- S. 326. A bill to reauthorize 21st cen- 175, a bill to amend the Federal Insecti- poses. tury community learning centers, and cide, Fungicide, and Rodenticide Act to S. 291 for other purposes; to the Committee improve the use of certain registered At the request of Mr. REED, the name on Health, Education, Labor, and Pen- pesticides. of the Senator from Rhode Island (Mr. sions. S. 183 WHITEHOUSE) was added as a cosponsor Mrs. BOXER. Mr. President, I rise At the request of Mrs. MCCASKILL, of S. 291, a bill to establish the Council today to urge my colleagues to cospon- the names of the Senator from Kansas on Healthy Housing and for other pur- sor, S. 326 the Afterschool for Amer- (Mr. ROBERTS) and the Senator from poses. ica’s Children Act, which I am intro- ducing today with Senators MUR- Louisiana (Mr. VITTER) were added as S. 313 KOWSKI, MURRAY, BEGICH, and MANCHIN. cosponsors of S. 183, a bill to amend At the request of Mr. CASEY, the title XVIII of the Social Security Act Across the country, afterschool pro- name of the Senator from Rhode Island grams help keep children safe and help to provide for fairness in hospital pay- (Mr. WHITEHOUSE) was added as a co- ments under the Medicare program. them learn through hands-on academic sponsor of S. 313, a bill to amend the enrichment activities that are dis- S. 195 Internal Revenue Code of 1986 to pro- appearing from the regular school day. At the request of Mr. FRANKEN, the vide for the tax treatment of ABLE ac- Numerous studies have shown that name of the Senator from Delaware counts established under State pro- quality afterschool programs give stu- (Mr. COONS) was added as a cosponsor grams for the care of family members dents the academic, social, and profes- of S. 195, a bill to amend the Public with disabilities, and for other pur- sional skills they need to succeed. Stu- Health Service Act to revise and ex- poses. dents who regularly attend have better tend projects relating to children and S. 316 grades and behavior in school, and violence to provide access to school- At the request of Mr. SANDERS, the lower incidences of drug use, violence, based comprehensive mental health name of the Senator from New Mexico and unintended pregnancy. programs. (Mr. HEINRICH) was added as a cospon- Over the past 10 years, the 21st Cen- S. 203 sor of S. 316, a bill to recalculate and tury Community Learning Centers, At the request of Mr. PORTMAN, the restore retirement annuity obligations CCLC, program has helped support name of the Senator from North Da- of the United States Postal Service, to afterschool programs for millions of kota (Mr. HOEVEN) was added as a co- eliminate the requirement that the children from low-income backgrounds, sponsor of S. 203, a bill to require the United States Postal Service prefund including over 1.6 million children last Secretary of the Treasury to mint the Postal Service Retiree Health Ben- year. coins in recognition and celebration of efits Fund, to place restrictions on the Unfortunately, the demand for af- the Pro Football Hall of Fame. closure of postal facilities, to create in- fordable, quality afterschool experi- ences far exceeds the number of pro- S. 218 centives for innovation for the United grams available. The 2009 report, Amer- At the request of Mr. LEVIN, the States Postal Service, to maintain lev- ica After 3PM, found that while after- name of the Senator from Wisconsin els of postal service, and for other pur- poses. school programs are serving more kids (Ms. BALDWIN) was added as a cospon- than ever, the number of unsupervised S. 321 sor of S. 218, a bill to ensure that children in the United States has in- amounts credited to the Harbor Main- At the request of Mr. WHITEHOUSE, creased. More than 18 million children tenance Trust Fund are used for harbor the names of the Senator from Oregon have parents who would like to enroll maintenance. (Mr. MERKLEY) and the Senator from their child in an afterschool program S. 234 Massachusetts (Ms. WARREN) were but can’t find one available. At the request of Mr. REID, the added as cosponsors of S. 321, a bill to For over 10 years, federally funded names of the Senator from South Da- reduce the deficit by imposing a min- afterschool programs have played an kota (Mr. JOHNSON) and the Senator imum effective tax rate for high-in- important role in the lives of so many from Montana (Mr. BAUCUS) were added come taxpayers. children and families. The Afterschool as cosponsors of S. 234, a bill to amend S. RES. 12 for America’s Children Act, AACA, title 10, United States Code, to permit At the request of Mr. NELSON, the would strengthen the 21st CCLC pro- certain retired members of the uni- name of the Senator from New Mexico gram, leaving in place what works and

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.016 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S775 using what we have learned about what tional 76 cemetery and historical sion that guarantees public access to makes afterschool successful to im- places. Sealaska’s economic land selections for prove the program. The bill provides a balance of old- recreation, hunting and fishing both The AACA would modernize the 21st growth and second-growth timber, al- sport and subsistence, allowing clo- CCLC program to improve states’ abil- lowing Sealaska’s timber business to sures only to protect public safety, to ity to effectively support quality after- transition to second-growth har- safeguard cultural properties, to pro- school programs, run more effective vesting. To address local concerns, the mote educational efforts or to protect grant competitions and improve strug- new bill does not contain some 26,000 against environmental damage, while gling programs. In addition, this legis- acres of selections on northern Prince allowing the public to legally challenge lation helps improve local programs by of Wales Island. This version of the bill any such closures. It also protects the fostering better communication be- also eliminates more lands near Kassa rights of existing guides and tour oper- tween local schools and programs, en- Inlet and Mabel Bay near Keete on ators to continue operations automati- couraging parental engagement in stu- Prince of Wales Island to meet wildlife cally on Sealaska lands for portions of dent learning, and improving the concerns, buffer key fisheries and an- two permit terms, or up to 20 years. tracking of student progress. chorage areas for fishermen, and re- The revised bill also reduces the size Afterschool programs have such a di- vises selection areas to address the of selection areas on Koscuisko and verse group of supporters—from law en- Forest Service’s desire to retain more Tuxekan Islands to meet local commu- forcement to the business commu- lands that will aid its young-growth nity concerns, to protect, subsurface, nity—because these vital programs timber transition strategy in the karst formations, to protect old- help keep the children of working par- Tongass National Forest. growth habitat areas for sensitive spe- ents safe while enriching their learning Frankly, it has taken years of frus- cies, and to protect anchorages for fish- ermen. The revised bill rearranges se- experience and preparing them for the trating talks and negotiations to reach lection areas at 12 Mile Arm and Polk real world. this point. This bill contains more than Inlet to protect Forest Service plan- I urge my colleagues to join me and 175 changes since the 2008 version, all ning, facilities and research facilities, Senators MURKOWSKI and MURRAY in designed to make the bill acceptable to and increases the size of selection areas supporting the Afterschool for Amer- all Americans. While the odds are that at Calder and the Cleveland Peninsula ica’s Children Act to ensure that 21st it still won’t make absolutely everyone to offset the acreage reductions. CCLC dollars are invested most effi- happy, the bill does address all of the Sealaska, through this bill, will give ciently in successful afterschool pro- major concerns voiced with the up its existing selection rights to grams that keep children safe and help Sealaska bill during nearly a half 327,000 acres of the Tongass National them learn. dozen congressional hearings, 22 town Forest, allowing that timber to return hall meetings, and in hundreds of let- to full Forest Service planning control, By Ms. MURKOWSKI (for herself ters and media comments. It gives and the bill will result in Sealaska se- and Mr. BEGICH): Sealaska its ANCSA selections, while lecting about 25,000 fewer acres of old- S. 340. A bill to provide for the settle- it provides unprecedented public access growth timber, traditionally the most ment of certain claims under the Alas- to the lands Sealaska will be receiving, sought after lands in the forest and ka Native Claims Settlement Act, and and meets the valid concerns of small about 50,000 fewer acres of inventoried for other purposes; to the Committee communities, fishermen and timber road less lands than might have hap- on Energy and Natural Resources. workers and protects their industries pened should Sealaska have stayed in- Ms. MURKOWSKI. Mr. President, I while fully protecting the environ- side their original selection bound- rise today for the fourth time to intro- ment. aries, lands that were designated for duce or reintroduce legislation to set- It is a compromise. Clearly there are selection by the corporation in 1976. tle the outstanding land claims of the provisions in the bill that I wish were The problem with those lands, the rea- Tlingit and Haida Native people, the different, but on balance, it is a fair so- son why this bill is so important for first people of Southeast Alaska. I first lution to a most difficult matter that the public good, is that if Sealaska had introduced this legislation to speed up has been dragging on for more than to select from those lands it would the conveyance of lands to the four decades. It is certainly a balanced have had to select timber lands in the Sealaska Native Regional Corporation solution that allows Sealaska to fi- Situk River Valley, the home to the in 2008. Native residents of Southeast nally take title to the last 70,000 acres nation’s foremost steelhead stream. It Alaska in 1971 were promised lands to it was promised by the land claims set- would have had to select lands in the settle their aboriginal land claims to tlement—lands largely to be used for Craig municipal watershed, key fish- all of Southeast Alaska. Under the economic development in a region eries habitat near Hoonah and motto that nothing of worth comes where unemployment often hits 25 per- Hydaburg and some 64,000 acres of Old- easy, I hope that the compromise bill I cent—while at the same time pro- Growth Habitat Reserves, four times introduce today with my colleague tecting more than twice as many acres more such land than the corporation is from Alaska Senator BEGICH will fi- for environmental and fisheries protec- taking by this bill. Those selections nally settle those claims early in the tion in Southeast Alaska, an area would have been bad for the commer- 113th Congress, capping nearly six roughly the size of South Carolina. The cial and sport fishing industries, for years of congressional negotiation and bill does the latter by creating 152,000 tourism, and for the environment. review on this issue. acres of new conservation habitat areas Equally important from Sealaska’s The newly revised bill establishes in the region in eight tracts. viewpoint, 44 percent of the lands it where and how Sealaska may select the The revised bill also requires had to select from by the 1976 selection remaining 70,075 acres of land the Bu- Sealaska, by a conservation easement, areas were located under water bodies, reau of Land Management now says it to protect three major salmon spawn- making the selection rights worthless. is entitled to receive under the Alaska ing systems on lands it is gaining by Sealaska may use part of its entitle- Native Claims Settlement Act of 1971, imposing a 100-foot no-cut buffer, spe- ment to select 76 cemetery sites and ANCSA. In all, Sealaska, the regional cifically, along the main stem of Trout historical places, but to address con- corporation representing some 20,000 Creek on Koscuisko Island, along Old cerns from some stakeholders, the bill Alaska Natives, more than a fifth of all Tom Creek at Polk Inlet and along reduces the number and acreage of Native residents in Alaska, will receive Karheen and Tuxekan Creeks on cemetery sites and historical places about 68,400 acres of land for timber de- Tuxekan Island. The State Forest that Sealaska can file to receive. Acre- velopment, about 1,099 acres for other Practices Act and buffer rules will gov- age available to Sealaska was reduced economic development such as hydro- ern the management of all other more than six fold, from 3,600 acres in electric generation, marine streams on state lands inside the new the original 2008 bill to a maximum of hydrokinetic activity and future tour- Sealaska selections. 490 acres. The total number of sites was ism development near Yakutat, Kake The bill continues and strengthens reduced from 206 in the original bill and Hydaburg, and 490 acres that all public access provisions contained and all parks and wilderness lands were Sealaska can apply for to gain an addi- in ANCSA. The bill contains a provi- placed off limits.

VerDate Mar 15 2010 04:32 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.011 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S776 CONGRESSIONAL RECORD — SENATE February 14, 2013 This bill also confirms that all ceme- ANCSA and includes provisions to As I say, I introduce this bill in a bi- tery sites and historical places will make access rights workable for all. partisan manner with my Alaska col- have to pass the existing historical re- It has taken years of really listening league, Senator MARK BEGICH again as view process before they can be con- to the requests about this bill and a co-sponsor. It is a reasonable bill and veyed. The bill, again, prohibits the se- working through them one by one to I hope it finally can pass both bodies of lection of cemetery sites and historical find solutions, with the past nearly two Congress, it passing the House of Rep- places inside parks and conservation years involved in frequent negotiations resentatives in a somewhat different system units. Sealaska will be required among the Forest Service, Democratic form in 2012 and become law. Southeast to consult with local tribes before ap- and Republican congressional staff, Alaska’s Natives, which while the larg- plying for conveyance of any sites, and Sealaska, environmental groups and est group of Natives in Alaska in 1971, the bill prohibits the transfer of such other interest groups such as commer- received the third smallest land enti- sites to third parties and protects them cial fishermen and timber operators. tlement in the claims act 42 years ago. from loss of Native ownership in the This is truly a compromise piece of leg- That was mostly because much of the event of any future financial claims islation. But it finally gets Sealaska rest of the forest at the time was al- against Sealaska—the lands reverting its lands, protects fisheries and wild- ready dedicated to long-term timber to the Federal Government in the life, and helps maintain a timber indus- sale contracts. Now that those con- event of financial issues. The bill also try in Southeast Alaska. tracts have been voided, it is only just requires that Sealaska provide a 25- This compromise, the direct result of and equitable that Alaska’s first inhab- foot easement to allow anyone to sport years of negotiation, has a host of good itants get a chance to select a little fish along any salmon stream that points. It will prevent ‘‘high-grading’’ more of the land first settled by their crosses such new sites. of timber’ the practice where compa- ancestors. The bill allows Sealaska to receive nies cut only the best timber lands, By Mr. REID (for himself and Mr. nine small parcels of land that leaving lesser quality lands behind. HELLER): Sealaska may use to help spur cultural Sealaska’s conveyances in the nine S. 342. A bill to designate the Pine tourism, ecotourism, or, in two cases, commercial tracts called for in this bill: Calder, Election Creek, Cleveland Forest Range Wilderness area in Hum- renewable energy development near boldt County, Nevada; to the Com- the communities of Yakutat, Kake, Peninsula, 12-Mile Arm, Tuexkan Is- land, Polk and MacKenzie Inlets, mittee on Energy and Natural Re- and Hydaburg. The number of sites, to- sources. taling 1,099 acres, is vastly reduced, Koscuisko Island, Keete, and Kuiu Is- land include only about 20,700 acres of Mr. REID. Mr. President, I ask unan- considering more than 50 sites totaling imous consent that the text of the bill 5,000 acres had been considered in ear- large old-growth trees just 3.8 percent of the forest’s 537,451 acres of such be printed in the RECORD. lier versions of the legislation. The There being no objection, the text of small parcels all are within or near the trees. Already 437,000 acres of large old- growth trees, 81 percent, are protected the bill was ordered to be printed in so-called 10 selection boxes established in conservation areas within the 19.6– the RECORD as follows: by a 1976 amendment to ANCSA. Five million-acre national forest. S. 342 sites are in the Yakutat area, where The bill likely will save the govern- Be it enacted by the Senate and House of Rep- Sealaska currently owns no land on be- ment money. In additional to making resentatives of the United States of America in half of its tribal member shareholders. Sealaska give up some $2 million of Congress assembled, The sites in the Yakutat area are at escrowed funds, the bill means SECTION 1. SHORT TITLE. Crab Island, North Dolgoi Island, Can- This Act may be cited as the ‘‘Pine Forest Sealaska, by getting about 25,000 acres Range Recreation Enhancement Act of 2013’’. non Beach, Chicago Harbor and of less valuable second-growth, based Redfield Lake. Two sites are in the SEC. 2. DEFINITIONS. on current timber prices, could be fore- In this Act: Kake area: Turnabout Island and East going more than $10 million of timber (1) COUNTY.—The term ‘‘County’’ means Payne Island. There is a hydro site at value, compared to if it had received Humboldt County, Nevada. Lake Josephine on Prince of Wales I all old-growth trees—old-growth pro- (2) MAP.—The term ‘‘Map’’ means the map and and a final site for marine viding the most valuable habitat for entitled ‘‘Proposed Pine Forest Wilderness hydrokinetic development, ocean cur- species in the forest like Sitka black- Area’’ and dated July 5, 2011. rent energy, on the northern tip of Dall tailed deer, the Queen Charlotte gos- (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. Island at Turn Point-Tlevak Narrows’ hawk and wolves. revised bill removes all sites that drew (4) STATE.—The term ‘‘State’’ means the For Alaskans, the bill makes sure State of Nevada. concern from commercial fishermen, that more than 99 percent of the lands (5) WILDERNESS.—The term ‘‘Wilderness’’ small tour operators, environmental Sealaska will be receiving are open for means the Pine Forest Range Wilderness des- groups or local communities in the public access. That is the opposite of ignated by section 3(a). Alaska Panhandle. what could happen if this bill does not SEC. 3. ADDITION TO NATIONAL WILDERNESS The compromise bill conveys three pass, as then Sealaska would be free to PRESERVATION SYSTEM. non-exclusive access easements to prevent the public from trespassing (a) DESIGNATION.—In furtherance of the Sealaska to use as traditional Native across their new lands, like all other purposes of the Wilderness Act (16 U.S.C. 1131 trade and migration routes in South- et seq.), the approximately 26,000 acres of private land owners can post their Federal land managed by the Bureau of Land east. The bill, as revised, renames the properties. Management, as generally depicted on the routes to honor Alaska’s Tlingit and The changes between this version and Map, is designated as wilderness and as a Haida Indians and the history of the re- previous versions of the measure are component of the National Wilderness Pres- gion and provides generally for public far too many to list here. But briefly ervation System, to be known as the ‘‘Pine access. The Yakutat to Dry Bay trail this bill reduces the number and acre- Forest Range Wilderness’’. will be renamed ‘‘Neix naax aan flax’’ age of small parcels for economic di- (b) BOUNDARY.— meaning, The Inside Passage; the Bay versification, once called ‘‘Future’’ (1) ROAD ACCESS.—The boundary of any portion of the Wilderness that is bordered by of Pillars to Port Camden trail will be sites. It reduces the number of new Na- a road shall be 100 feet from the edge of the renamed the ‘‘Yakwdeiyl’’ trail, mean- tive cemetery and historical places road. ing the Canoe Road; and the Portage that Sealaska could select, allowing (2) ROAD ADJUSTMENTS.—The Secretary Bay to Duncan Canal trail will be re- only such sites outside national parks shall— named ‘‘Lingit Deiyl,’’ meaning the or wilderness to be selected. The bill (A) reroute the road running through Long People’s Road. increases public access provisions, pre- Meadow to the west to remove the road from The bill requires Sealaska to share vents Sealaska from gaining potential the riparian area; use of all forest roads with the Forest federal grants for management of the (B) reroute the road currently running Service and others, meaning that the through Rodeo Flat/Corral Meadow to the cemetery sites, removes a host of ques- east to remove the road from the riparian government retains the right to use tionable land selections on environ- area; and the roads to access other timber sales, mental grounds and revises timber (C) close, except for administrative use, as do the public. The bill maintains all lands to protect subsistence hunting the road along Lower Alder Creek south of of the access provisions granted by areas and resource gathering spots. Bureau of Land Management road #2083.

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(3) RESERVOIR ACCESS.—The boundary of Secretary may take such measures in the facilities, and other water diversion, storage, the Wilderness shall be 160 feet downstream Wilderness as are necessary for the control and carriage structures. from the dam at Little Onion Reservoir. of fire, insects, and diseases (including, as (ii) EXCLUSION.—In this paragraph, the (c) MAP AND LEGAL DESCRIPTION.— the Secretary determines to be appropriate, term ‘‘water resource facility’’ does not in- (1) IN GENERAL.—As soon as practicable the coordination of the activities with a clude wildlife guzzlers. after the date of enactment of this Act, the State or local agency). (B) RESTRICTION ON NEW WATER RESOURCE Secretary shall prepare a map and legal de- (g) WILDFIRE MANAGEMENT OPERATIONS.— FACILITIES.—Except as otherwise provided in scription of the Wilderness. Nothing in this Act precludes a Federal, this Act, on or after the date of enactment of (2) EFFECT.—The map and legal description State, or local agency from conducting wild- this Act, neither the President nor any other prepared under paragraph (1) shall have the fire management operations (including oper- officer, employee, or agent of the United same force and effect as if included in this ations using aircraft or mechanized equip- States shall fund, assist, authorize, or issue Act, except that the Secretary may correct ment). a license or permit for the development of clerical and typographical errors in the map (h) CLIMATOLOGICAL DATA COLLECTION.—In any new water resource facility within a wil- or legal description. accordance with the Wilderness Act (16 derness area, any portion of which is located (3) AVAILABILITY.—The map and legal de- U.S.C. 1131 et seq.) and subject to such terms in the County. scription prepared under paragraph (1) shall and conditions as the Secretary may pre- SEC. 5. RELEASE OF WILDERNESS STUDY AREAS. be on file and available for public inspection scribe, the Secretary may authorize the in- (a) FINDING.—Congress finds that, for the in the appropriate offices of the Bureau of stallation and maintenance of hydrologic, purposes of section 603(c) of the Federal Land Land Management. meteorologic, or climatological collection Policy and Management Act of 1976 (43 (d) WITHDRAWAL.—Subject to valid existing devices in the Wilderness if the Secretary de- U.S.C. 1782(c)), the portions of the Blue rights, the Wilderness is withdrawn from— termines that the facilities and access to the Lakes and Alder Creek wilderness study (1) all forms of entry, appropriation, and facilities are essential to flood warning, areas not designated as wilderness by section disposal under the public land laws; flood control, or water reservoir operation 3(a) have been adequately studied for wilder- (2) location, entry, and patent under the activities. ness designation. mining laws; and (i) WATER RIGHTS.— (b) RELEASE.—Any public land described in (3) disposition under all laws relating to (1) FINDINGS.—Congress finds that— subsection (a) that is not designated as wil- mineral and geothermal leasing or mineral (A) the land designated as wilderness by derness by this Act— materials. this Act is located— (1) is no longer subject to section 603(c) of SEC. 4. ADMINISTRATION. (i) in the semiarid region of the Great the Federal Land Policy and Management (a) MANAGEMENT.—Subject to valid exist- Basin; and Act of 1976 (43 U.S.C. 1782(c)); and ing rights, the Wilderness shall be adminis- (ii) at the headwaters of the streams and (2) shall be managed in accordance with tered by the Secretary in accordance with rivers on land with respect to which there the applicable land use plans adopted under the Wilderness Act (16 U.S.C. 1131 et seq.), are few, if any— section 202 of that Act (43 U.S.C. 1712). except that— (I) actual or proposed water resource facili- (1) any reference in the Wilderness Act to ties located upstream; and SEC. 6. WILDLIFE MANAGEMENT. the effective date of that Act shall be consid- (II) opportunities for diversion, storage, or (a) IN GENERAL.—In accordance with sec- ered to be a reference to the date of enact- other uses of water occurring outside the tion 4(d)(7) of the Wilderness Act (16 U.S.C. ment of this Act; and land that would adversely affect the wilder- 1133(d)(7)), nothing in this Act affects or di- (2) any reference in the Wilderness Act to ness values of the land; minishes the jurisdiction of the State with the Secretary of Agriculture shall be consid- (B) the land designated as wilderness by respect to fish and wildlife management, in- ered to be a reference to the Secretary. this Act is generally not suitable for use or cluding the regulation of hunting, fishing, (b) LIVESTOCK.—The grazing of livestock in development of new water resource facilities; and trapping, in the Wilderness. the Wilderness, if established before the date and (b) MANAGEMENT ACTIVITIES.—In further- of enactment of this Act, shall be allowed to (C) because of the unique nature of the ance of the purposes and principles of the continue, subject to such reasonable regula- land designated as wilderness by this Act, it Wilderness Act (16 U.S.C. 1131 et seq.), the tions, policies, and practices as the Sec- is possible to provide for proper management Secretary may conduct any management ac- retary considers to be necessary in accord- and protection of the wilderness and other tivities in the Wilderness that are necessary ance with— values of land in ways different from those to maintain or restore fish and wildlife popu- (1) section 4(d)(4) of the Wilderness Act (16 used in other laws. lations and the habitats to support the popu- U.S.C. 1133(d)(4)); and (2) PURPOSE.—The purpose of this section lations, if the activities are carried out— (2) the guidelines set forth in Appendix A is to protect the wilderness values of the (1) consistent with relevant wilderness of the report of the Committee on Interior land designated as wilderness by this Act by management plans; and and Insular Affairs of the House of Rep- means other than a federally reserved water (2) in accordance with— resentatives accompanying H.R. 2570 of the right. (A) the Wilderness Act (16 U.S.C. 1131 et 101st Congress (House Report 101–405). (3) STATUTORY CONSTRUCTION.—Nothing in seq.); and (c) INCORPORATION OF ACQUIRED LAND AND this Act— (B) appropriate policies, such as those set INTERESTS.—Any land or interest in land (A) constitutes an express or implied res- forth in Appendix B of the report of the Com- within the boundary of the Wilderness that ervation by the United States of any water mittee on Interior and Insular Affairs of the is acquired by the United States after the or water rights with respect to the Wilder- House of Representatives accompanying H.R. date of enactment of this Act shall be added ness; 2570 of the 101st Congress (House Report 101– to and administered as part of the Wilder- (B) affects any water rights in the State 405), including the occasional and temporary ness. (including any water rights held by the use of motorized vehicles if the use, as deter- (d) ADJACENT MANAGEMENT.— United States) in existence on the date of en- mined by the Secretary, would promote (1) IN GENERAL.—Congress does not intend actment of this Act; healthy, viable, and more naturally distrib- for the designation of the Wilderness to cre- (C) establishes a precedent with regard to uted wildlife populations that would enhance ate a protective perimeter or buffer zone any future wilderness designations; wilderness values with the minimal impact around the Wilderness. (D) affects the interpretation of, or any necessary to reasonably accomplish those (2) NONWILDERNESS ACTIVITIES.—The fact designation made under, any other Act; or tasks. that nonwilderness activities or uses can be (E) limits, alters, modifies, or amends any (c) EXISTING ACTIVITIES.—Consistent with seen or heard from areas within the Wilder- interstate compact or equitable apportion- section 4(d)(1) of the Wilderness Act (16 ness shall not preclude the conduct of the ac- ment decree that apportions water among U.S.C. 1133(d)(1)) and in accordance with ap- tivities or uses outside the boundary of the and between the State and other States. propriate policies such as those set forth in Wilderness. (4) NEVADA WATER LAW.—The Secretary Appendix B of the report of the Committee (e) MILITARY OVERFLIGHTS.—Nothing in shall follow the procedural and substantive on Interior and Insular Affairs of the House this Act restricts or precludes— requirements of State law in order to obtain of Representatives accompanying H.R. 2570 (1) low-level overflights of military air- and hold any water rights not in existence on of the 101st Congress (House Report 101–405), craft over the Wilderness, including military the date of enactment of this Act with re- the State may continue to use aircraft, in- overflights that can be seen or heard within spect to the Wilderness. cluding helicopters, to survey, capture, the Wilderness; (5) NEW PROJECTS.— transplant, monitor, and provide water for (2) flight testing and evaluation; or (A) DEFINITION OF WATER RESOURCE FACIL- wildlife populations in the Wilderness. (3) the designation or creation of new units ITY.— (d) HUNTING, FISHING, AND TRAPPING.— of special use airspace, or the establishment (i) IN GENERAL.—In this paragraph, the (1) IN GENERAL.—The Secretary may des- of military flight training routes, over the term ‘‘water resource facility’’ means irriga- ignate areas in which, and establish periods Wilderness. tion and pumping facilities, reservoirs, water during which, for reasons of public safety, (f) WILDFIRE, INSECT, AND DISEASE MANAGE- conservation works, aqueducts, canals, administration, or compliance with applica- MENT.—In accordance with section 4(d)(1) of ditches, pipelines, wells, hydropower ble laws, no hunting, fishing, or trapping will the Wilderness Act (16 U.S.C. 1133(d)(1)), the projects, transmission and other ancillary be permitted in the Wilderness.

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(2) CONSULTATION.—Except in emergencies, (1) FEDERAL LAND.—The term ‘‘Federal for Estimating Monetary Costs and Liabil- the Secretary shall consult with the appro- land’’ means the approximately 948 acres of ities for Environmental Matters’’. priate State agency and notify the public be- Bureau of Reclamation and Bureau of Land (iii) ASSESSMENT REQUIREMENTS.—The fore taking any action under paragraph (1). Management land within the Three Kids Phase II environmental site assessment pre- (e) COOPERATIVE AGREEMENT.— Mine Project Site, as depicted on the map. pared under clause (ii)(I) shall, without lim- (1) IN GENERAL.—The State, including a (2) HAZARDOUS SUBSTANCE; POLLUTANT OR iting any additional requirements that may designee of the State, may conduct wildlife CONTAMINANT; REMEDY.—The terms ‘‘haz- be required by the State, be conducted in ac- management activities in the Wilderness— ardous substance’’, ‘‘pollutant or contami- cordance with the procedures of— (A) in accordance with the terms and con- nant’’, and ‘‘remedy’’ have the meanings (I) the most recent version of ASTM Inter- ditions specified in the cooperative agree- given those terms in section 101 of the Com- national Standard E–1527–05 entitled ‘‘Stand- ment between the Secretary and the State prehensive Environmental Response, Com- ard Practice for Environmental Site Assess- entitled ‘‘Memorandum of Understanding be- pensation, and Liability Act of 1980 (42 ments: Phase I Environmental Site Assess- tween the Bureau of Land Management and U.S.C. 9601). ment Process’’; and the Nevada Department of Wildlife Supple- (3) HENDERSON REDEVELOPMENT AGENCY.— (II) the most recent version of ASTM Inter- ment No. 9’’ and signed November and De- The term ‘‘Henderson Redevelopment Agen- national Standard E–1903–11 entitled ‘‘Stand- cember 2003, including any amendments to cy’’ means the redevelopment agency of the ard Guide for Environmental Site Assess- the cooperative agreement agreed to by the City of Henderson, Nevada, established and ments: Phase II Environmental Site Assess- Secretary and the State; and authorized to transact business and exercise ment Process’’. (B) subject to all applicable laws (including the powers of the agency in accordance with (iv) REVIEW OF CERTAIN INFORMATION.— regulations). the Nevada Community Redevelopment Law (I) IN GENERAL.—The Secretary shall re- (2) REFERENCES; CLARK COUNTY.—For the (Nev. Rev. Stat. 279.382 to 279.685). view and consider cost information proffered purposes of this subsection, any reference to (4) MAP.—The term ‘‘map’’ means the map by the Henderson Redevelopment Agency Clark County in the cooperative agreement entitled ‘‘Three Kids Mine Project Area’’ and and the State in the preparation of the esti- described in paragraph (1)(A) shall be consid- dated February 6, 2012. mate under this subparagraph. ered to be a reference to the Wilderness. (5) SECRETARY.—The term ‘‘Secretary’’ (II) FINAL DETERMINATION.—If there is a SEC. 7. LAND EXCHANGES. means the Secretary of the Interior. disagreement among the Secretary, Hender- (a) DEFINITIONS.—In this section: (6) STATE.—The term ‘‘State’’ means the son Redevelopment Agency, and the State (1) FEDERAL LAND.—The term ‘‘Federal State of Nevada. over the reasonable estimate of costs under land’’ means Federal land in the County that (7) THREE KIDS MINE PROJECT SITE.—The this subparagraph, the parties shall jointly is identified for disposal by the Secretary term ‘‘Three Kids Mine Project Site’’ means select 1 or more experts to assist the Sec- through the Winnemucca Resource Manage- the approximately 1,262 acres of land that retary in making the final estimate of the ment Plan. is— costs. (D) DEADLINE.—Not later than 30 days after (2) NON-FEDERAL LAND.—The term ‘‘non- (A) comprised of— Federal land’’ means land identified on the (i) the Federal land; and the date of enactment of this Act, the Sec- Map as ‘‘non-Federal lands for exchange’’. (ii) the approximately 314 acres of adjacent retary shall begin the appraisal and cost es- timates under subparagraphs (B) and (C), re- (b) ACQUISITION OF LAND AND INTERESTS IN non-Federal land; and spectively. LAND.—Consistent with applicable law and (B) depicted as the ‘‘Three Kids Mine (E) APPRAISAL COSTS.—The Henderson Re- subject to subsection (c), the Secretary may Project Site’’ on the map. development Agency shall reimburse the exchange the Federal land for non-Federal SEC. 3. LAND CONVEYANCE. land. Secretary for the costs incurred in per- (a) IN GENERAL.—Notwithstanding sections (c) CONDITIONS.—Each land exchange under forming the appraisal under subparagraph 202 and 203 of the Federal Land Policy and subsection (a) shall be subject to— (B). Management Act of 1976 (43 U.S.C. 1712, 1713), (1) the condition that the owner of the non- (F) ADJUSTMENT.—The Secretary shall ad- not later than 90 days after the date on Federal land pay not less than 50 percent of ministratively adjust the fair market value which the Secretary determines that the all costs relating to the land exchange, in- of the Federal land, as determined under sub- conditions described in subsection (b) have cluding the costs of appraisals, surveys, and paragraph (B), based on the estimate of re- been met, and subject to valid existing rights any necessary environmental clearances; and mediation, and reclamation costs, as deter- and applicable law, the Secretary shall con- (2) such additional terms and conditions as mined under subparagraph (C). vey to the Henderson Redevelopment Agency the Secretary may require. (2) MINE REMEDIATION AND RECLAMATION (d) DEADLINE FOR COMPLETION OF LAND EX- all right, title, and interest of the United AGREEMENT EXECUTED.— CHANGE.—It is the intent of Congress that States in and to the Federal land. (A) IN GENERAL.—The conveyance under the land exchanges under this section be (b) CONDITIONS.— subsection (a) shall be contingent on— completed by not later than 5 years after the (1) APPRAISAL; FAIR MARKET VALUE.— (i) the Secretary receiving from the State date of enactment of this Act. (A) IN GENERAL.—As consideration for the written notification that a mine remediation SEC. 8. NATIVE AMERICAN CULTURAL AND RELI- conveyance under subsection (a), the Hender- and reclamation agreement has been exe- GIOUS USES. son Redevelopment Agency shall pay the fair cuted in accordance with subparagraph (B); Nothing in this Act alters or diminishes market value of the Federal land, if any, as and the treaty rights of any Indian tribe (as de- determined under subparagraph (B) and as (ii) the Secretary concurring, by the date fined in section 4 of the Indian Self-Deter- adjusted under subparagraph (F). that is 30 days after the date of receipt of the mination and Education Assistance Act (25 (B) APPRAISAL.—The Secretary shall deter- written notification under clause (i), that U.S.C. 450b)). mine the fair market value of the Federal the requirements under subparagraph (B) land based on an appraisal— have been met. By Mr. REID (for himself and Mr. (i) that is conducted in accordance with (B) REQUIREMENTS.—The mine remediation HELLER): nationally recognized appraisal standards, and reclamation agreement required under S. 343. A bill to provide for the con- including— subparagraph (A) shall be an enforceable veyance of certain Federal land in (I) the Uniform Appraisal Standards for consent order or agreement between the Federal Land Acquisitions; and State and a party obligated to perform under Clark County, Nevada, for the environ- (II) the Uniform Standards of Professional the consent order or agreement administered mental remediation and reclamation of Appraisal Practice; and by the State that— the Three Kids Mine Project Site, and (ii) that does not take into account any ex- (i) obligates a party to perform, after the for other purposes; to the Committee isting contamination associated with histor- conveyance of the Federal land under this on Energy and Natural Resources. ical mining on the Federal land. Act, the remediation and reclamation work Mr. REID. Mr. President, I ask unan- (C) REMEDIATION AND RECLAMATION COSTS.— at the Three Kids Mine Project Site nec- imous consent that the text of the bill (i) IN GENERAL.—The Secretary shall pre- essary to ensure all remedial actions nec- be printed in the RECORD. pare a reasonable estimate of the costs to as- essary to protect human health and the envi- There being no objection, the text of sess, remediate, and reclaim the Three Kids ronment with respect to any hazardous sub- the bill was ordered to be printed in Mine Project Site. stances, pollutant, or contaminant will be (ii) CONSIDERATIONS.—The estimate pre- taken, in accordance with all Federal, State, the RECORD as follows: pared under clause (i) shall be— and local requirements; and S. 343 (I) based on the results of a comprehensive (ii) contains provisions determined to be Be it enacted by the Senate and House of Rep- Phase II environmental site assessment of necessary by the State, including financial resentatives of the United States of America in the Three Kids Mine Project Site prepared assurance provisions to ensure the comple- Congress assembled, by the Henderson Redevelopment Agency or tion of the remedy. SECTION 1. SHORT TITLE. a designee that has been approved by the (3) NOTIFICATION FROM AGENCY.—As a condi- This Act may be cited as the ‘‘Three Kids State; and tion of the conveyance under subsection (a), Mine Remediation and Reclamation Act’’. (II) prepared in accordance with the cur- not later than 90 days after the date of exe- SEC. 2. DEFINITIONS. rent version of the ASTM International cution of the mine remediation and reclama- In this Act: Standard E–2137–06 entitled ‘‘Standard Guide tion agreement required under paragraph (2),

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.027 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S779 the Henderson Redevelopment Agency shall opioid treatment and assistance to spect to the knowledge gap about safe submit to the Secretary written notification States in reducing opioid abuse, diver- pain management, the bill includes a that the Henderson Redevelopment Agency sion, and deaths; to the Committee on training requirement for health care is prepared to accept conveyance of the Fed- Health, Education, Labor, and Pen- professionals to be licensed to pre- eral land under subsection (a). sions. scribe these powerful drugs. Currently, SEC. 4. WITHDRAWAL. Mr. ROCKEFELLER. Mr. President, I the Controlled Substances Act requires (a) IN GENERAL.—Subject to valid existing rise today to introduce a piece of legis- that every person who dispenses or who rights, for the 10-year period beginning on lation that is desperately needed in the earlier of the date of enactment of this proposes to dispense controlled nar- Act or the date of the conveyance required West Virginia and across the country— cotics, including methadone, whether by this Act, the Federal land is withdrawn the Prescription Drug Abuse Preven- for pain management or opioid treat- from all forms of— tion and Treatment Act of 2013. It is an ment, obtain a registration from the (1) entry, appropriation, operation, or dis- important bill aimed at addressing the Drug Enforcement Administration, posal under the public land laws; rapid increase in deaths and overdoses DEA. But, there is no requirement as a (2) location, entry, and patent under the from methadone and other opioid pre- condition of receiving the registration mining laws; and scription drugs in the United States. that these practitioners receive any (3) disposition under the mineral leasing, These deaths have hit my home State mineral materials, and the geothermal leas- education on the use of these con- of West Virginia particularly hard, but trolled narcotics, including methadone. ing laws. I know that every State is struggling (b) EXISTING RECLAMATION WITHDRAWALS.— Physicians struggle every day with de- Subject to valid existing rights, any with- with this serious problem. termining who has a real need for pain In the 111th Congress, Senator drawal under the public land laws that in- treatment, and who is addicted or at CORKER and I, along with our col- cludes all or any portion of the Federal land risk. They struggle with our failure to league, the late Senator Kennedy, in- for which the Bureau of Reclamation has de- provide adequate treatment facilities termined that the Bureau of Reclamation troduced the Methadone Treatment for those who are addicted. This bill has no further need under applicable law is and Protection Act of 2009—a similar will help physicians get the informa- relinquished and revoked solely to the extent piece of legislation that stemmed from tion they need to prescribe safely and necessary— a disturbing rise in deaths due to meth- better recognize the signs of addiction (1) to exclude from the withdrawal the adone, a synthetic opioid prescription property that is no longer needed; and drug that had been increasingly used in their patients. (2) to allow for the immediate conveyance Second, this bill addresses the knowl- for pain management. Before 1990, it of the Federal land as required under this edge gap among consumers—with a was used primarily to treat opioid ad- Act. competitive grant program to States to diction. Because of its high efficacy (c) EXISTING RECLAMATION PROJECT AND distribute culturally sensitive edu- PERMITTED FACILITIES.—Except as provided and low cost, methadone is frequently cational materials about proper use of in subsection (a), nothing in this Act dimin- used for pain management. However, if methadone and other opioids, and how ishes, hinders, or interferes with the exclu- not used correctly, methadone can be a to prevent opioid abuse, such as sive and perpetual use by the existing rights powerful and deadly drug because it holders for the operation, maintenance, and works differently than other pain- through safe disposal of prescription improvement of water conveyance infra- killers. Methadone stays in a person’s drugs. Preference will be given to structure and facilities, including all nec- states with a high incidence of essary ingress and egress, situated on the body for a longer period of time than the pain relief lasts so a person who overdoses and deaths. Federal land that were constructed or per- Third, this bill creates a Controlled does not know better might take far mitted by the Bureau of Reclamation before Substances Clinical Standards Com- the effective date of this Act. too much of the drug, possibly leading mission to establish patient education SEC. 5. ACEC BOUNDARY ADJUSTMENT. to respiratory distress, cardiac ar- guidelines, appropriate and safe dosing Notwithstanding section 203 of the Federal rhythmia and even death. Land Policy and Management Act of 1976 (43 Methadone prescriptions for pain standards for all forms of methadone U.S.C. 1713), the boundary of the River Moun- management grew from about 531,000 in and other opioids, benchmark guide- tains Area of Critical Environmental Con- 1998 to about 4.1 million in 2006—nearly lines for the reduction of methadone cern (NVN 76884) is adjusted to exclude any eightfold. During that time, poisoning abuse, appropriate conversion factors portion of the Three Kids Mine Project Site deaths involving methadone increased for transitioning patients from one consistent with the map. nearly sevenfold from almost 790 in opioid to another, and guidelines for SEC. 6. RESPONSIBILITIES OF THE PARTIES. 1999 to 5,420 in 2006. Deaths from other the initiation of methadone and other (a) RESPONSIBILITY OF PARTIES TO MINE RE- opioids have also skyrocketed in the opioids for pain management. A stand- MEDIATION AND RECLAMATION AGREEMENT.— last decade. These deaths may actually ards commission will provide much- On completion of the conveyance under sec- needed evidence-based information to tion 3, the responsibility for complying with be underreported, because there is no the mine remediation and reclamation comprehensive reporting system for improve guidance for the safe and ef- agreement executed under section 3(b)(2) opioid-related deaths in the United fective use of these powerful and dan- shall apply to the parties to the agreement. States. gerous controlled substances. (b) SAVINGS PROVISION.—If the conveyance Overdoses from methadone are part Fourth, this bill provides crucial sup- under this Act has occurred, but the terms of of a larger disturbing trend of port to state prescription drug moni- the agreement executed under section 3(b)(2) overdoses and deaths from prescription toring programs. As of 2008, 38 states have not been met, nothing in this Act— painkillers, or opioid drugs—a trend had enacted legislation requiring pre- (1) affects the responsibility of the Sec- driven by a knowledge gap about how scription drug monitoring programs retary to take any additional response ac- and many states were able to fund tion necessary to protect public health and to treat serious pain in a safe and effec- the environment from a release or the threat tive manner, by misperceptions about these initiatives in part from grants of a release of a hazardous substance, pollut- the safety of prescription drugs, and by available through the Harold Rogers ant, or contaminant; or the diversion of prescription drugs for Prescription Drug Monitoring Pro- (2) unless otherwise expressly provided, illicit uses. In 2009, there were nearly gram. A second program created in 2005 modifies, limits, or otherwise affects— 4.6 million drug-related emergency de- through the National All Schedules (A) the application of, or obligation to partment, ED, visits of which nearly Prescription Electronic Reporting Act, comply with, any law, including any envi- one half, 45.1 percent, or 2.1 million NASPER, would provide even more as- ronmental or public health law; or sistance, and requires interoperability (B) the authority of the United States to were attributed to prescription drug enforce compliance with the requirements of misuse or abuse, according to data among states to reduce doctor shop- any law or the agreement executed under from the Drug Abuse Warning Net- ping across state lines and diversion. section 3(b)(2). work, DAWN. Emergency department Unfortunately, NASPER has only re- visits involving misuse or abuse of cently been funded with $2 million in By Mr. ROCKEFELLER (for him- pharmaceuticals nearly doubled be- the fiscal year 2009 Omnibus legislation self, Mr. MANCHIN, and Mrs. tween 2004 and 2009, to more than 1.2 and $2 million in fiscal year 2010. GILLIBRAND): million visits. Here is just one example of why S. 348. A bill to provide for increased This bill takes multiple steps to ad- NASPER funding matters: recently, Federal oversight of prescription dress these problems. First, with re- the governor of Florida announced a

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.021 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S780 CONGRESSIONAL RECORD — SENATE February 14, 2013 budget that would not fund a planned S. 349. A bill to amend the Wild and posed river management plan, which prescription monitoring program in his Scenic Rivers Act to designate a seg- could address issues ranging from fish State, due to State budget difficulties. ment of the Beaver, Chipuxet, Queen, passage to the restoration of wetlands This directly affects States in Appa- Wood, and Pawcatuck Rivers in the to assist with flood mitigation, as well lachia because of the rampant drug States of Connecticut and Rhode Island as balance the preservation of the nat- trafficking between the two regions. In for study for potential addition to the ural resources with the recreational fact, the roads from West Virginia to National Wild and Scenic Rivers Sys- opportunities that contribute to the Florida are well-travelled by drug traf- tem, and for other purposes; to the local economies. fickers and people seeking pain medi- Committee on Energy and Natural Re- I commend Representatives LAN- cation. It is crucial to finally give sources. GEVIN, CICILLINE, and COURTNEY for in- NASPER the funding it needs, and this Mr. REED. Mr. President, today I am troducing similar legislation in the legislation would do so, with $25 mil- reintroducing, along with my col- other body. I look forward to working lion a year to establish interoperable leagues Senators BLUMENTHAL, WHITE- with them and all of my colleagues to prescription drug monitoring programs HOUSE, AND MURPHY legislation to au- pass this bill to initiate the process within each state. thorize the National Park Service to that will evaluate the Wood-Pawcatuck Fifth, this bill requires that quality evaluate portions of the Beaver, Watershed for inclusion in the National standards be developed across the Chipuxet, Queen, Wood, and Pawcatuck Wild and Scenic Rivers System. range of providers engaged in the pre- Rivers located in Rhode Island and By Mr. WYDEN (for himself and vention and treatment of prescription Connecticut for possible inclusion in the National Wild and Scenic Rivers Mr. MERKLEY): drug abuse. It is essential as we move S. 352. A bill to provide for the des- System. Our legislation seeks to high- ahead that quality always be front and ignation of the Devil’s Staircase Wil- light the need for greater resources to center in our efforts. With lives at risk, derness Area in the State of Oregon, to this is, if anything, only more impor- protect and restore the health of these designate segments of Wasson and tant in the areas of addiction preven- rivers by studying their recreational, Franklin Creeks in the State of Oregon tion and treatment. Every effort to ad- natural, and historical qualities and as wild rivers, and for other purposes; dress this problem must be as effective determining if they are suitable for to the Committee on Energy and Nat- as possible, and the development of designation as Wild and Scenic Rivers. ural Resources. quality standards required by this bill The Wood-Pawcatuck Watershed is a Mr. WYDEN. Mr. President, today I will make sure that each provider, re- national treasure that holds rec- rise to re-introduce three bills that will gardless of his or her background or ap- reational and scenic value. In the 1980s, better protect unique and important proach, can provide high caliber serv- the National Park Service’s Rivers and areas in the beautiful state of Oregon. ices to their patients. Trails Conservation Assistance Pro- Two of these passed out of the Senate Finally, this bill would help solve the gram conducted a planning and con- Energy and Natural Resources Com- data gap when it comes to opioid-re- servation study which found, in part, mittee the last two Congresses. I am lated deaths. Right now there is no that the waters of the Wood and pleased to again be joined on these bills comprehensive national database of Pawcatuck Rivers corridor ‘‘are the with my colleague from Oregon, Sen- drug-related deaths in the United cleanest and purest and its rec- ator MERKLEY. I look forward to work- States, nor is there a standard form for reational opportunities are unparal- ing with Senator MERKLEY, other col- medical examiners to fill out with re- leled by any other river system in the leagues and other supporters of the gard to opioid-related deaths. Since state.’’ bills to keep up the fight for these spe- there is no comprehensive database of The rivers also provide opportunities cial places in Oregon. methadone-related deaths, the number for recreation and tourism that con- The first bill I am introducing—the of deaths may actually be under- tribute to the economy of the local Oregon Caves Revitalization Act of reported. To truly reduce the number communities, while offering ways to 2013—will enhance the existing Oregon of methadone-related deaths, quality explore our American heritage Caves National Monument to protect data must be collected and made avail- throughout the watershed. The experi- this majestic site for future genera- able. This bill would create a National ences one can enjoy range from visiting tions. The bill expands the boundary of Opioid Death Registry to track all Native American fishing grounds to the National Park Service land to cre- opioid-related deaths and related infor- seeing Colonial and early industrial ate the Oregon Caves National Monu- mation, and establish a standard form mill ruins. The rivers are also a prime ment and Preserve. for medical examiners to fill out which location for outdoor activities like A Presidential Proclamation in 1909 would include information for the Na- trout fishing, canoeing, bird watching, established 480 acres of natural wonder tional Opioid Death Registry. and hiking. as the Oregon Caves National Monu- Today we have an opportunity to I have long been a supporter of pro- ment in the botanically-rich Siskiyou change the harrowing statistics and tecting and restoring Southern New Mountains. At the time, the focus was stem the rising tide of deaths from England’s riverways and estuaries, in- on the unique subsurface resources, methadone and other opioids by sup- cluding the Narragansett Bay. The and the small, rectangular boundary porting the Prescription Drug Abuse study proposed in our legislation is an was thought to be adequate to protect Prevention and Treatment Act of 2013. important part of the process in deter- the cave. However, scientific research This legislation provides a multi- mining future opportunities for protec- has since provided much greater in- faceted approach to preventing tragic tion and recreational enjoyment of the sight into the cave’s ecology and its overdoses and deaths from methadone rivers in the Wood-Pawcatuck water- hydrological processes, for which 480 and other opioids. This is exactly what shed. It would also help Rhode Island acres is inadequate. The National Park we need to improve the coordination of and Connecticut continue their stew- Service formally proposed boundary efforts and resources at the local, ardship of these rivers, and greatly en- modification numerous times—in 1939, state, and federal levels. hance existing state and local efforts 1949, and 2000. I urge my colleagues to support this to preserve and manage this eco- My bill expands protections in and timely and important piece of legisla- system. around the Oregon Caves National tion. In doing so, we will be on our way Indeed, partnerships are essential for Monument. The entirety of the Cave to saving lives and reducing the need- the successful restoration and manage- Creek Watershed would be included in less deaths that otherwise will con- ment of our natural resources, and it is the park site, transferring manage- tinue to cause so much suffering for anticipated that this study would be ment of 4,070 acres of United States too many individuals, families, and conducted in close cooperation with Forest Service land to the National communities in this country. the communities, state agencies, local Park Service. Hunters will still have governments, and private organiza- recreational access to this land since it By Mr. REED (for himself, Mr. tions that are stakeholders in the proc- will be designated a Preserve. BLUMENTHAL, Mr. WHITEHOUSE, ess. The partnership-based approach And the expansion of the Monu- and Mr. MURPHY): also allows for development of a pro- ment’s boundary would be incomplete

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.031 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S781 without protecting the water that en- ture generations. The wilderness des- salmon and steelhead trout. Through ters the cave so as to preserve the ignation is needed to protect these land consolidation between public and cave’s resources. My legislation would areas permanently. private landowners, this legislation designate at least 9.6 miles of rivers My bill would not only protect the will allow for better management and and tributaries as Wild, Scenic, or Rec- forests surrounding Wasson Creek but easier public access for this important reational, under the federal Wild and would also designate approximately 4.5 natural treasure. With the current Scenic Rivers Act—including the first miles of Franklin Creek and approxi- fragmentation of public and private Wild and Scenic subterranean river, mately 10.1 miles of Wasson Creek as land ownership in the area, river camp- the ‘‘River Styx.’’ A perennial stream, Wild and Scenic Rivers. Franklin sites are limited. Many federal lands the River Styx—an underground por- Creek, a critically important tributary among them can’t be reached by the tion of Cave Creek—flows through part to the Umpqua River, is one of the best hikers, campers and other outdoors of the cave and is one of the dynamic examples of pristine salmon habitat recreationists who could most appre- natural forces at work in the National left in Oregon. Together with Wasson ciate them. With the equal-value land Monument. In addition, this bill would Creek, these two streams in the Devil’s exchanges included in this bill, public authorize the retirement of existing Staircase area deserve Wild and Scenic lands would be consolidated into two grazing allotments. The current graz- River designation by Congress. new Wilderness areas. This would en- ing permitee, Phil Krouse’s family, has The third bill I am introducing is the hance public safety, improve land man- had the Big Grayback Grazing Allot- Oregon Treasures Act of 2013. This bill agement, and increase public access ment, 19,703 acres, since 1937. Mr. seeks to provide protections for five and recreational opportunities. I want Krouse has publicly stated that he significant areas in Oregon. They are to recognize that some have raised con- would look favorably upon retirement the Chetco River, the Molalla River, cerns about the lack of roaded access with private compensation for his al- the Rogue River, and Horse Heaven and to Cathedral Rock. I have engaged the lotment, which my legislation will Cathedral Rock. Each of these parts of private landowners on this issue to allow to proceed. the bill aim to protect natural treas- seek a solution. Whatever the outcome, The Oregon Caves National Monu- ures in Oregon, preserve them for use I do know that the Cathedral Rock and ment offers important contributions to and enjoyment for generations to Horse Heaven proposal will create an Southern Oregon and the nation. The come, and build upon the economic op- incredible, new heritage for public cave ecosystem provides habitat for portunities they provide for their local lands recreationists who are an impor- one of the highest concentrations of bi- communities. tant factor in keeping Oregon’s econ- ological diversity anywhere. And as the The Oregon Treasures Act of 2013 in- omy healthy and thriving. longest marble cave open to the public cludes a provision to protect two of Or- Rafters of the John Day River can at- west of the Continental Divide, the egon’s natural treasures, Cathedral test to the need for more campsites and Monument receives over 80,000 visitors Rock and Horse Heaven. This wilder- public access to the Cathedral Rock annually. A larger Monument bound- ness designation has been introduced in area. Backcountry hunters will be able ary will help showcase more fully the the two most recent Congresses. The to scan the hillsides for elk, deer and recreational opportunities on the Cathedral Rock and Horse Heaven wil- game-birds without having to worry above-ground lands within the pro- derness proposal will do more than about accidentally trespassing on posed Monument boundary. simply protect these areas. It will also someone’s private land. Anglers will be I want to express my thanks to the help Oregon’s economy, because visi- able to access nearly 5 miles of the conservation and business communities tors from all over the world come to John Day River that today are only of southern Oregon, who have worked my state to experience firsthand the reachable from privately owned lands. diligently to protect these lands and unique scenic beauty of place like the Likewise, such a solution ensures that waters. lands preserved by this bill. local landowners can manage their My second bill is the Devil’s Stair- This legislation will consolidate what lands effectively without running case Wilderness Act of 2013. Under this is currently a splintered ownership of across unwitting trespassers. bill, approximately 30,500 acres of rug- land in this area and protect 17,340 One good example of the value of ged, wild, pristine, and remote land acres of new Wilderness along the these land swaps is Young Life’s Wash- surrounding the Wasson Creek area Lower John Day River. The fractured ington Family Ranch. This Ranch is will be designated wilderness. In fact land ownership in this area makes it home to a Christian youth camp that the area is so rugged that federal land difficult for visitors to fully appreciate welcomes over 20,000 kids to the lower managers have withdrawn this land- these areas when they hike, fish or John Day area each year. This bill sets slide-prone forest from all timber ac- hunt there because of the scattered and out private and public land boundaries tivity numerous times. At the heart of misunderstood lines of private and pub- that can be clearly seen on the ground this coastal rainforest lies Devil’s lic ownership. This bill will solve that and these boundaries create a safer Staircase, a crystal clear waterfall problem and make these lands more in- area for campers on the Ranch; this that cascades over slab after slab of viting to visitors while giving the land- serves the children who visit the area sandstone. The Devil’s Staircase pro- owners more contiguous property to well and ensures the continued viabil- posal typifies what Wilderness in Or- call home. ity of the Ranch, which, in turn, pro- egon is all about. The area in question is stunning. The vides big economic dividends to the The proposed Devil’s Staircase Wil- Cathedral Rock and Horse Heaven Wil- local community. derness is the finest old-growth forest derness proposals encompass dramatic The Cathedral Rock and Horse Heav- remaining in Oregon’s Coast Range, basalt cliffs and rolling hills of juniper, en Wilderness proposal is described as boasting huge Douglas-fir, cedar and sagebrush and native grasses. These ‘‘win-win-win’’ by many stakeholders— hemlock. The ecological significance of new areas build on the desert Spring nearly five miles of new river access this treasure is as clear as the water Basin Wilderness that was established for the public and protected land for running through Devil’s Staircase. The in 2009 as a result of legislation I intro- outdoor enthusiasts; better manage- land is protected as a Late-Succes- duced, and are located directly across ment for private landowners and public sional Reserve by the Northwest Forest the John Day River from Spring Basin. agencies; and important habitat pro- Plan, as critical habitat for the north- With 500 miles of undammed waters, tections for sensitive and endangered ern spotted owl and marbled murrelet, the John Day River is the second-long- species. This proposal is an example of and as an Area of Critical Environ- est free-flowing river in the conti- the positive solutions that can result mental Concern by the Bureau of Land nental United States and is a place when varied, bipartisan interests in a Management. Preserving these majes- that is cherished by Oregonians. The community come together to craft so- tic forests as Wilderness for their wild- Lower John Day Wild and Scenic River lutions that will work for everyone. I life and spectacular scenery not only offers world-class opportunities for especially want to thank the Oregon matches the goals of the existing land outdoor recreation as well as crucial Natural Desert Association, Young management plans but also perma- wildlife habitat for elk, mule deer, big- Life, and Matt Smith for their role in nently protects this natural gem for fu- horn sheep and native fish such as developing this collaborative solution

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.029 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S782 CONGRESSIONAL RECORD — SENATE February 14, 2013 that will benefit all Oregonians. The ceiving protection include Galice habitat surrounding the river, home to Cathedral Rock and Horse Heaven Wil- Creek, Little Windy Creek, Jenny the northern spotted owl, the pileated derness areas will help make sure that Creek, Long Gulch and 36 other tribu- woodpecker, golden and bald eagles, this rural area will enjoy the benefits taries of the Rogue. The Rogue River is deer, elk, the pacific giant salamander, that permanently connecting these dis- one of Oregon’s most iconic and be- and many others. The Molalla River is parate pieces of natural landscape will loved rivers. It is a river that teems also the source of clean drinking water bring for generations to come. with salmon leaping up rapids to for the towns of Molalla and Canby, Or- Additionally the Oregon Treasures spawn, and finds rafters down those egon. Protecting the approximately Act protects the Chetco River. For very same rapids at other times of the 21.3 miles of the Molalla River will pro- over a decade, I’ve advocated for pro- year. vide the residents of these Oregon tections for the Chetco and other I previously introduced legislation to towns with the assurance that they threatened waterways in Southwest protect the Rogue River tributaries in will continue to receive clean drinking Oregon. Part of the Oregon Treasures the last three Congresses. Since it was water. Act of 2013 would withdraw about three first introduced, I have worked with I would like to reiterate my contin- miles of the Chetco River from mineral the timber industry and conservation- ued appreciation for the Molalla River entry, while upgrading the designa- ists to find a compromise that protects Alliance—a coalition of more than 48 tions for some portions. one of America’s treasures with addi- member-organizations that recognize This river is under persistent threat tional wilderness designations and that this river is a jewel and have set from out-of-state suction dredge min- more targeted protections for the out to protect it. This Alliance made ers. In 2010, the group American Rivers Rogue’s tributaries. I am pleased that sure that irrigators, city councilors, listed the Chetco as the seventh most 95 local businesses—and over 120 orga- the mayor, businesses and environ- endangered river in the country be- nizations and business in total—sup- mentalists all came together on this. cause of those threats. Withdrawing port protecting the Wild Rogue, and Oregon’s wildlands play an increas- these portions of the river from future that support grows every day. Many of ingly important role in the economic mineral entry will prevent future those businesses directly benefit from development of our state, especially in harmful mining claims and make sure the Wild Rogue and the Rogue River. traditionally rural areas east of the that those claims that already exist As I often say, protecting these gems is Cascades. Visitors come from thou- are valid. not just good for the environment, but sands of miles away to hike, fish, raft The Chetco is also hugely important also good for the economy. These pro- and hunt in Oregon’s desert Wilderness. for salmon habitat and local sport fish- tected landscapes are powerhouses of Beyond tourism, the rich quality of life ing. The passage of this legislation the recreation economy that draws and the diverse natural amenities that would mean protecting that habitat, visitors from around the world to this we enjoy as Oregonians are key to at- and promoting the continued success of region and the Rogue River is one of tracting new businesses to Oregon. And the fishing industry throughout the Oregon’s most important sport and with all these bills, I express my grati- West Coast. I am pleased the Obama commercial fisheries. The Wild Rogue tude for the many groups and individ- administration has taken some steps to is the second largest salmon fishery in uals who have worked diligently to protect this area, but the passage of Oregon behind the Columbia. The Wild protect these special places. I look for- this legislation is needed to ensure Rogue provides the quality of life and ward to working with Senator long-term protection for this impor- recreational opportunities that create MERKLEY, Representative DEFAZIO, tant river. an economic engine that attracts busi- Representative SCHRADER and other Next, the Oregon Treasures Act of nesses and brings in tourists from colleagues and the bill’s other sup- 2013 would add 60,000 acres of new wil- around the world. The Rogue River porters to keep up the fight for these derness to the existing Wild Rogue Wil- supports more than 400 local jobs in unique places in Oregon and get these derness. The Wild Rogue Wilderness ex- nearby communities like Grants Pass. pieces of legislation to the President’s pansion would protect habitat for bald By protecting the Wild Rogue land- desk for his signature. eagles, osprey, spotted owls, bear, elk, scape and the tributaries that feed the cougar, wild coho, wild Chinook, wild mighty Rogue River, Congress will en- By Mr. CARDIN (for himself, Mr. steelhead, green sturgeon, and many sure that future generations can raft, GRAHAM, Mr. LEAHY, Ms. KLO- others. The Wild Rogue Wilderness and fish, hike and enjoy the Wild Rogue as BUCHAR, Mrs. BOXER, Mr. the Rogue River that runs through it it is enjoyed today and that the rec- BLUMENTHAL, Mr. WHITEHOUSE, embody one of the nation’s premier reational economy of this region re- Ms. HEITKAMP, and Mr. DURBIN): recreation destinations, famous for the mains strong. S. 357. A bill to encourage, enhance, free flowing waters which provide nu- Lastly, there is another provision in and integrate Blue Alert plans merous rafting and fishing opportuni- the bill to designate segments of Or- throughout the United States in order ties. egon’s Molalla River as Wild and Sce- to disseminate information when a law The headwaters of the Rogue River nic. An approximately 15.1–mile seg- enforcement officer is seriously injured start in one of Oregon’s other great ment of the Molalla River and an ap- or killed in the line of duty; to the gems—Crater Lake National Park—and proximately 6.2–mile segment of Table Committee on the Judiciary. the river ultimately empties into the Rock Fork Molalla River would be des- Mr. CARDIN. Mr. President, I rise Pacific Ocean, near Gold Beach on Or- ignated as a recreational river under today to introduce the National Blue egon’s southwest coast. Along that the Wild and Scenic Rivers Act. Alert Act of 2013. stretch, the Rogue River flows through Including these river segments would Every day, more than 900,000 Federal, one of the most spectacular canyons protect a popular Oregon destination State and local law enforcement offi- and diverse natural areas in the United that provides abundant recreational cers put their lives on the line to keep States. The Rogue River is a world activities that help fuel the recreation our communities safe. Unfortunately class rafting river, offering everything economy that is so important to the these officers can become targets for from one day trips to week long trips communities along the river. The sce- criminals and those seeking to evade through deep forested canyons. On the nic beauty of the Molalla River pro- our justice system, and we must make land, the Rogue River trail is also one vides a backdrop for hiking, mountain sure our officers have all the tools they of Oregon’s most renowned back- biking, camping, and horseback riding, need to protect themselves and each packing routes. while the waters of the river are a pop- other. The legislation would also protect an ular destination for fishing, kayaking, Each year thousands of law enforce- additional 143 miles of tributaries that and whitewater rafting enthusiasts. ment officers are assaulted while per- feed the Rogue River with cold clean This legislation would not only pre- forming their duties and dozens lose water. Of that number, 93 miles would serve this area as a recreation destina- their lives. According to the Federal be designated Wild and Scenic Rivers tion, but would also protect the river Bureau of Investigation, FBI, 72 law and an additional 50 miles would be habitat of the Chinook salmon and enforcement officers were feloniously protected from mining. The areas re- Steelhead trout, along with the wildlife killed in the line of duty in 2011. This

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.030 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S783 is an unacceptable level of violence sociation, the Concerns of Police Sur- hemp and not connect it to marijuana. against our law enforcement officers, vivors, and the Sergeants Benevolent I want to point out that even though and we must act now to better protect Association of the New York City Po- they come from the same species of them. lice Department. Passing this legisla- plant, there are major differences be- This is why I am introducing the Na- tion can help us live up to our commit- tween them. tional Blue Alert Act of 2013 today, and ment to help better protect those who You know, the Chihuahua and St. thank Senators GRAHAM, LEAHY, KLO- serve us. Bernard come from the same species, BUCHAR, BOXER, BLUMENTHAL, WHITE- too, Canis lupus familiaris, but no one HOUSE, HEITKAMP, and DURBIN for join- By Mr. WYDEN (for himself, Mr. is going to confuse them. Also, the do- ing me as co-sponsors of this important PAUL, Mr. MCCONNELL, and Mr. mestic dog is a subspecies of the gray legislation. MERKLEY): wolf, Canis lupus, and no one is going The Blue Alert system provides for S. 359. A bill to amend the Controlled to confuse those two either. So let’s rapid dissemination of information Substances Act to exclude industrial recognize the real differences between about criminal suspects who have in- hemp from the definition of mari- hemp and marijuana, and focus on the jured or killed law enforcement offi- huana, and for other purposes; to the benefits from producing domestically cers. The Blue Alert system would only Committee on the Judiciary. the hemp we already use. be used in the case of the death or seri- Mr. WYDEN. Mr. President, I am Under our bill, the production of in- ous injury of a law enforcement officer, pleased to be joined by Senators PAUL, dustrial hemp would still be regulated, where the suspect has not been appre- MCCONNELL, and MERKLEY in intro- but it would be done by States, not the hended, and where there is sufficient ducing the Industrial Hemp Farming Federal Government. descriptive information of the suspect Act of 2013. Pro-hemp legislation has been intro- and any vehicles involved. This infor- As some folks will recall, I intro- duced in eight states, and several oth- mation can be used by local law en- duced a similar bill as an amendment ers have already removed barriers to forcement, the public and the media to to the Senate Farm Bill last year in an industrial hemp production. Under our help facilitate capture of such offend- attempt to empower American farmers bill, industrial hemp is defined as hav- ers and ultimately reduce the risk they and increase domestic economic activ- ing extremely low THC levels: it has to pose to our communities and law en- ity. Unfortunately, this amendment be 0.3 percent or less. The lowest com- forcement officers. didn’t receive a vote. Doubly unfortu- mercial grade marijuana typically has A National Blue Alert will encour- nate is the fact that a senseless regula- 5% THC content. The bottom line is age, enhance and integrate blue alert tion that flunks the common-sense test that no one is going to get high on in- plans throughout the United States in is still on our nation’s books. dustrial hemp. To guarantee that won’t order to effectively disseminate infor- Members of Congress hear a lot about be the case, our legislation allows the mation notifying law enforcement, how dumb regulations are hurting eco- U.S. Attorney General to take action if media and the public that a suspect is nomic growth and job creation. The a state law allows commercial hemp to wanted in connection with an attack current ban on growing industrial exceed the maximum 0.3 percent THC on a law enforcement officer. hemp makes no sense at all, and what level. Currently there is no national alert is worse, this regulation is hurting job Hemp has been a profitable com- system that provides immediate infor- creation in rural America and increas- modity in many other countries. In ad- mation to other law enforcement agen- ing our trade deficit. dition to Canada, Australia also per- cies, the media or the public at large. If my colleagues take the time to mits hemp production and the growth Many states have created a state blue learn about this outrageous restriction in that sector helped their agricultural alert system in an effort to better in- on free enterprise, I am sure most sen- base survive when the tobacco industry form their local communities. The ators would say that what I am talking dried up. Over 30 countries in Europe, State of Maryland, under the leader- about is the poster child for dumb reg- Asia, and North and South America ship of Governor Martin O’Malley, cre- ulation. currently permit farmers to grow ated their Blue Alert system in 2008 The only thing standing in the way hemp, and China is the world’s largest after the murder of Maryland State of taking advantage of this profitable producer. Trooper Wesley Brown. Blue Alert pro- crop is a lingering misunderstanding In fact, the U.S. is the only industri- grams have been created in 18 states so about its use. The bill my colleagues alized nation that prohibits farmers far including: Washington, California, and I have filed will end this ridiculous from growing hemp. This seems silly Utah, Colorado, Oklahoma, Texas, regulation. considering that we are the world’s Ohio, Kentucky, Tennessee, Mis- Right now, the United States is im- leading consumer of hemp products, sissippi, Alabama, Georgia, South porting over $10 million in hemp prod- with total sales of food, health and Carolina, Florida, Virginia, Maryland, ucts to use in textiles, foods, paper beauty products exceeding $52 million Montana, and Delaware. products, and construction materials. in 2012, with 16.5 percent growth over The National Blue Alert Act will pro- We are importing a crop that U.S. 2011. vide police officers and other emer- farmers could be profitably growing My home State of Oregon is home to gency units with the ability to react right here at home, if not for govern- some major manufacturers of hemp quickly to apprehend violent offenders ment rules prohibiting it. products, including Living Harvest, one and will complement the work being Our neighbors to the north certainly of the largest hemp foods producers in done by Attorney General Holder in his see the potential for this product. In the country. Business has been so brisk Law Enforcement Officer Safety Initia- 2010, the Canadian government injected there that the Portland Business Jour- tive. over $700,000 into their blossoming nal recently rated them as one of the The purpose of our National Blue hemp industry to increase the size of fastest-growing local companies. Alert legislation is to keep our law en- their hemp crop and fortify the inroads There are similar success stories in forcement officers and our commu- they have made into U.S. markets. It many states. One company in North nities safe. And based on the success of was a good bet. U.S. imports have con- Carolina has begun incorporating hemp the AMBER Alert and the SILVER sistently grown over the past decade, into building materials, reportedly Alert, I believe this BLUE Alert will be increasing by 300 percent in 10 years, making them both stronger and more equally successful in helping to appre- and from 2009 to 2010 they grew 35 per- environmentally friendly. Another hend criminal suspects who have seri- cent. The number of acres in Canada company in California produces hemp- ously injured or killed our law enforce- devoted to growing hemp nearly dou- based fiberboard. ment officers. bled from 2011 to 2012. So it should No country is better than the U.S. at I am also pleased to say this legisla- come as no surprise that the United developing, perfecting, and expanding tion has the endorsement of the Fra- States imports around 90 percent of its markets for its products. As that mar- ternal Order of Police, the National As- hemp from Canada. ket grows, it should be domestically- sociation of Police Organizations, the Now, I know it is tough for some produced hemp that supplies its Federal Law Enforcement Officers As- members of Congress to talk about growth.

VerDate Mar 15 2010 03:08 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.044 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S784 CONGRESSIONAL RECORD — SENATE February 14, 2013 I would like to share with colleagues the Committee on Energy and Natural SECTION 1. SHORT TITLE. an editorial by one of the leading news- Resources. This Act may be cited as the ‘‘Geothermal papers in my state, the Bend Bulletin. Mr. WYDEN. Mr. President, I rise Production Expansion Act of 2013’’. SEC. 2. NONCOMPETITIVE LEASING OF ADJOIN- Here’s what they had to say about le- today to introduce the Geothermal Ex- ING AREAS FOR DEVELOPMENT OF galizing industrial hemp: ‘‘producers of pansion Production Act of 2013. This GEOTHERMAL RESOURCES. hemp products in the United States are legislation is the same as a bill re- Section 4(b) of the Geothermal Steam Act forced to import it. That denies Amer- ported favorably by voice vote by the of 1970 (30 U.S.C. 1003(b)) is amended by add- ican farmers the opportunity to com- Senate Committee on Energy and Nat- ing at the end the following: pete in the market. It is like surren- ural Resources during the 112th Con- ‘‘(4) ADJOINING LAND.— dering the competitive edge to China ‘‘(A) DEFINITIONS.—In this paragraph: gress. This bill has bi-partisan support, ‘‘(i) FAIR MARKET VALUE PER ACRE.—The and Canada, where it can be grown le- with Senators MURKOWSKI, BEGICH, term ‘fair market value per acre’ means a gally.’’ CRAPO, RISCH, and MERKLEY, joining dollar amount per acre that— The Bend Bulletin’s editorial went on me as original cosponsors. The legisla- ‘‘(I) except as provided in this clause, shall to say: ‘‘Legalizing industrial hemp tion will help to encourage the produc- be equal to the market value per acre (tak- does not have to be a slippery slope to- tion of geothermal energy from public ing into account the determination under ward legalizing marijuana. It can be a lands. subparagraph (B)(iii) regarding a valid dis- covery on the adjoining land) as determined start toward removing regulatory bur- With limited exceptions, current law dens limiting Oregon farmers from by the Secretary under regulations issued requires that all Federal lands to be under this paragraph; competing in the world market.’’ leased for the development of geo- ‘‘(II) shall be determined by the Secretary The opportunities for American thermal resources be offered on a com- with respect to a lease under this paragraph, farmers and businesses are obvious petitive basis. BLM must hold a com- by not later than the end of the 180-day pe- here. Let’s boost revenues for farmers petitive lease sale every 2 years. If bids riod beginning on the date the Secretary re- and reduce the costs for businesses are not received for the lands offered, ceives an application for the lease; and around the country that use this prod- BLM must offer the lands on a non- ‘‘(III) shall be not less than the greater of— uct. Let’s put more people to work ‘‘(aa) 4 times the median amount paid per competitive basis for 2 years. acre for all land leased under this Act during growing and processing an environ- This legislation extends the author- mentally-friendly crop, with a ready the preceding year; or ity for noncompetitive leasing in cases ‘‘(bb) $50. market in the United States. For all where a geothermal developer wants to ‘‘(ii) INDUSTRY STANDARDS.—The term ‘in- the reasons I just described, I urge my gain access to Federal land imme- dustry standards’ means the standards by colleagues to join Senators PAUL, diately adjacent to land on which that which a qualified geothermal professional as- MCCONNELL, and MERKLEY and me by developer has proven that there is a sesses whether downhole or flowing tempera- ture measurements with indications of per- cosponsoring this bill. geothermal resource that will be devel- Mr. President, I ask unanimous con- meability are sufficient to produce energy oped. This will allow a geothermal sent that the text of the bill be printed from geothermal resources, as determined project to expand onto adjacent land, if in the RECORD. through flow or injection testing or measure- There being no objection, the text of necessary, to increase the amount of ment of lost circulation while drilling. the bill was ordered to be printed in geothermal energy it can develop. It ‘‘(iii) QUALIFIED FEDERAL LAND.—The term will also add to the royalties and rents ‘qualified Federal land’ means land that is the RECORD, as follows: otherwise available for leasing under this S. 359 that the project pays to the U.S. Treas- ury. Act. Be it enacted by the Senate and House of Rep- ‘‘(iv) QUALIFIED GEOTHERMAL PROFES- The reason for this legislation is to resentatives of the United States of America in SIONAL.—The term ‘qualified geothermal pro- Congress assembled, allow the rapid expansion of already fessional’ means an individual who is an en- SECTION 1. SHORT TITLE. identified geothermal resources with- gineer or geoscientist in good professional This Act may be cited as the ‘‘Industrial out the additional delays of competi- standing with at least 5 years of experience Hemp Farming Act of 2013’’. tive leasing and without opening up in geothermal exploration, development, or SEC. 2. EXCLUSION OF INDUSTRIAL HEMP FROM those adjacent properties to specula- project assessment. DEFINITION OF MARIHUANA. tive bidders who have no interest in ac- ‘‘(v) QUALIFIED LESSEE.—The term ‘quali- Section 102 of the Controlled Substances tually developing the resource, only in fied lessee’ means a person that may hold a Act (21 U.S.C. 802) is amended— geothermal lease under this Act (including (1) in paragraph (16)— extracting as much money as they can applicable regulations). (A) by striking ‘‘(16) The’’ and inserting from the existing geothermal devel- ‘‘(vi) VALID DISCOVERY.—The term ‘valid ‘‘(16)(A) The’’; and oper. discovery’ means a discovery of a geo- (B) by adding at the end the following: The bill is not a give away at tax- thermal resource by a new or existing slim ‘‘(B) The term ‘marihuana’ does not in- payer expense. The bill limits the hole or production well, that exhibits clude industrial hemp.’’; and amount of adjacent Federal land that downhole or flowing temperature measure- (2) by adding at the end the following: can be leased to 640 acres. This lease on ments with indications of permeability that ‘‘(57) The term ‘industrial hemp’ means the Federal land must be acquired at fair- are sufficient to meet industry standards. plant Cannabis sativa L. and any part of market value. The bill also requires ‘‘(B) AUTHORITY.—An area of qualified Fed- such plant, whether growing or not, with a eral land that adjoins other land for which a delta-9 tetrahydrocannabinol concentration the lease holder to pay the higher an- qualified lessee holds a legal right to develop of not more than 0.3 percent on a dry weight nual rental rate associated with com- geothermal resources may be available for a basis.’’. petitive leases even though this new noncompetitive lease under this section to SEC. 3. INDUSTRIAL HEMP DETERMINATION BY parcel is not being competitively the qualified lessee at the fair market value STATES. leased. Again, the purpose of this high- per acre, if— Section 201 of the Controlled Substances er rental rate is to ensure that tax- ‘‘(i) the area of qualified Federal land— Act (21 U.S.C. 811) is amended by adding at ‘‘(I) consists of not less than 1 acre and not the end the following: payers will get the revenue due to them from the use of their public more than 640 acres; and ‘‘(i) INDUSTRIAL HEMP DETERMINATION.—If a ‘‘(II) is not already leased under this Act or person grows or processes Cannabis sativa L. lands. nominated to be leased under subsection (a); for purposes of making industrial hemp in I hope that my colleagues will join ‘‘(ii) the qualified lessee has not previously accordance with State law, the Cannabis me in supporting this important legis- received a noncompetitive lease under this sativa L. shall be deemed to meet the con- lation. paragraph in connection with the valid dis- centration limitation under section 102(57), Mr. President, I ask unanimous con- covery for which data has been submitted unless the Attorney General determines that under clause (iii)(I); and the State law is not reasonably calculated to sent that the text of the bill be printed ‘‘(iii) sufficient geological and other tech- comply with section 102(57).’’. in the RECORD. There being no objection, the text of nical data prepared by a qualified geo- By Mr. WYDEN (for himself, Ms. the bill was ordered to be printed in thermal professional has been submitted by the qualified lessee to the applicable Federal MURKOWSKI, Mr. BEGICH, Mr. the RECORD as follows: land management agency that would lead in- CRAPO, Mr. RISCH, and Mr. S. 363 dividuals who are experienced in the subject MERKLEY): Be it enacted by the Senate and House of Rep- matter to believe that— S. 363. A bill to expand geothermal resentatives of the United States of America in ‘‘(I) there is a valid discovery of geo- production, and for other purposes; to Congress assembled, thermal resources on the land for which the

VerDate Mar 15 2010 04:32 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G14FE6.045 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S785 qualified lessee holds the legal right to de- tive for any reason, the claimant shall munication Commission, as one exam- velop geothermal resources; and have a period of 60 days after receipt of ple, routinely sends out notices on per- ‘‘(II) that thermal feature extends into the written notification of the defect or de- mit and license applications. The FCC adjoining areas. fects by the Bureau of Land Manage- sends out hundreds of thousands of ‘‘(C) DETERMINATION OF FAIR MARKET ment to: cure such defect or defects or such notices to Americans who have VALUE.— ‘‘(i) IN GENERAL.—The Secretary shall— pay the $100 claim maintenance fee due small radio licenses expiring yearly, ‘‘(I) publish a notice of any request to lease for such a period.’’ warning them that they need to file ap- land under this paragraph; Since past revisions of the law, there plications for license renewal. The Bu- ‘‘(II) determine fair market value for pur- have been a series of incidents where reau of Land Management certainly poses of this paragraph in accordance with miners have argued that they sub- should be able to afford a few hundred procedures for making those determinations mitted their applications and affidavits 50-cent stamps to perform a similar that are established by regulations issued by of annual labor in a timely manner, service. Given the value of claims the Secretary; but due to clerical error by BLM staff, placed at risk and the bother, incon- ‘‘(III) provide to a qualified lessee and pub- mailing delays or for unexplained rea- venience and fear of loss of claims, it is lish, with an opportunity for public comment highly unlikely that miners would for a period of 30 days, any proposed deter- sons, the applications or documents mination under this subparagraph of the fair were not recorded as having been re- avoid filing their waiver paperwork on market value of an area that the qualified ceived in a timely fashion. In that case time just because a notification proc- lessee seeks to lease under this paragraph; BLM has terminated the claims, deem- ess was clearly in place before claims and ing them null and void. While mining could be terminated. ‘‘(IV) provide to the qualified lessee and claim holders have argued that the law So today I reintroduce legislation to any adversely affected party the opportunity provides them time to cure claim de- solve the notification issue and include to appeal the final determination of fair fects, BLM has argued that the cure language to remedy an injustice to one market value in an administrative pro- of my constituents who has lost his ceeding before the applicable Federal land only applies when applications or fees have been received in a timely manner. rights to nine mineral claims on the management agency, in accordance with ap- Kenai Peninsula, near Hope, Alaska. plicable law (including regulations). Thus, there is no administrative rem- The transition language would rein- ‘‘(ii) LIMITATION ON NOMINATION.—After edy for miners who believe that cler- state claims for Mr. John Trautner, publication of a notice of request to lease ical errors by BLM or mail issues re- who has lost title to claims that he had land under this paragraph, the Secretary sulted in loss or the late recording of held from 1982 to 2004. Mr. Trautner may not accept under subsection (a) any claim extension applications and pa- nomination of the land for leasing unless the suffered this loss even though he had a request has been denied or withdrawn. perwork. There have been a number of cases consistent record of having paid the ‘‘(iii) ANNUAL RENTAL.—For purposes of where Congress has been asked to over- annual labor assessment fee for the section 5(a)(3), a lease awarded under this previous 22 years. The local BLM office ride BLM determinations and reinstate paragraph shall be considered a lease award- did have a time-date-stamped record mining claims simply because of the ed in a competitive lease sale. that the maintenance fee waiver cer- ‘‘(D) REGULATIONS.—Not later than 270 disputes over whether the claims had tification form had been filed weeks be- days after the date of enactment of the Geo- been filed in a timely manner. Con- fore the deadline but just not a record thermal Production Expansion Act of 2013, gress in 2003 reinstated such claims in that the affidavit of annual labor had the Secretary shall issue regulations to a previous Alaska case. Claims in two carry out this paragraph.’’. arrived when he dropped it office in the other incidents were reinstated fol- Anchorage office at the same time. By Ms. MURKOWSKI: lowing a U.S. District Court case in the This legislation, supported in the S. 366. A bill to amend the Omnibus 10th Circuit first in 2009 in the case of past by the Alaska Miners Association, Budget Reconciliation Act of 1993 to re- Miller v. United States and secondly will clarify that small miners do have quire the Bureau of Land Management earlier this year in a second Alaska a right to simple due process to be able to provide a claimant of a small miner case. Legislation to correct the provi- to have a chance to file their small waiver from claim maintenance fees sion to prevent this problem in the fu- miner waiver applications in the event with a period of 60 days after written ture actually cleared the Senate in of mistakes in processing, rather than receipt of 1 or more defects is provided 2007, but did not ultimately become immediately lose their rights to pat- to the claimant by registered mail to law. ented mining claims without effective cure the 1 or more defects or pay the In the past two Congresses I have in- appeal or recourse. I appreciate that claim maintenance fee, and for other troduced legislation intended to short the Justice Department and BLM Jan. purposes; to the Committee on Energy circuit continued litigation and pleas 22, 2013 reinstated claims owned by and Natural Resources. for claim reinstatement by clarifying Alaskans Don and Judy Mullikins of Ms. MURKOWSKI. Mr. President, I the intent of Congress that miners do Nome, finally reversing a decision that rise today to reintroduce legislation to have to be informed that their claims they should lose their claims following clarify Federal mining law and remedy are in jeopardy of being voided and a 2009 application filing incident. But a problem that has arisen from the ex- given 60 days notice to cure defects, in- the legal expense, bother and uncer- tension process for ‘‘small’’ miner min- cluding giving them time to submit tainty that the Mullikins went through eral claims. their applications and to submit affida- in getting their claims reinstated are Under revisions to the Federal Min- vits of annual labor, should their sub- clear reasons why Congress should ing Law of 1872, 30 U.S.C. 28(f), holders mittals not be received and processed clarify past changes to the small miner of unpatented mineral claims must pay by BLM officials on time. If all defects waiver provision and permit claims to a claim maintenance fee originally set are not cured within 60 days, the obvi- be retained in the event of clerical er- at $100 per claim by a deadline, set by ous intent of Congress in passing the rors or honest mistakes by claim hold- regulation, of September 1st each year. original act, then claims still are sub- ers in missing the deadline for filings. Since 2004 that fee has risen. But Con- ject to voidance. But this administra- Such a change would simply provide gress also has provided a claim mainte- tion has opposed the legislation argu- justice for small miners. nance fee waiver for ‘‘small’’ miners, ing that it would be too expensive to those who hold 10 or fewer claims, that notify all small miners who fail to file By Mr. RUBIO (for himself, Mr. they do not have to submit the fee, but their small miner waiver documents on HATCH, Mr. BLUNT, Mr. PAUL, that they must file to renew their time and giving them time to solve the Mr. RISCH, Mr. GRASSLEY, Mr. claims and submit an affidavit of an- defect prior to the loss of their claims. JOHANNS, Mr. BURR, Mrs. FISCH- nual labor, work conducted on the It has even been suggested that giving ER, Mr. BOOZMAN, Mr. WICKER, claim, each year, certifying that they small miners simple due process would Mr. CORKER, Mr. INHOFE, Mr. had performed more than $100 of work just encourage miners to ignore the ROBERTS, Mr. COBURN, Mr. ENZI, on the claim in the preceding year, 30 deadline for filing for their fee waivers. Mr. CHAMBLISS, Mr. MCCON- U.S.C. 28f(d)(1). The waiver provision I find the cost complaint NELL, Mr. VITTER, Mr. MORAN, further states: ‘‘If a small miner waiver unpersuasive. Many Federal depart- Mr. GRAHAM, Mr. CRUZ, and Mr. application is determined to be defec- ments and agencies, the Federal Com- CORNYN):

VerDate Mar 15 2010 03:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.037 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S786 CONGRESSIONAL RECORD — SENATE February 14, 2013 S. 369. A bill to amend title 18, girl is a victim of abuse or neglect. understand such factors as physical United States Code, to prohibit taking Again, please read the bill. It is care- distance, time zones, language dif- minors across State lines in cir- fully drafted with the appropriate ex- ferences and cultural diversity among cumvention of laws requiring the in- ceptions and safeguards in order to project teams. volvement of parents in abortion deci- focus on what unites the vast majority Additionally, geospatial technology sions; to the Committee on the Judici- of Americans, that parents should be is an emerging career field available to ary. involved before their child has an abor- people with an extensive background in Mr. HATCH. Mr. President, I am tion. The majority of states have laws geography education. Professionals in proud to stand with my friend from requiring parental involvement and, geospatial technology are employed in Florida, Senator RUBIO, as he intro- with its interstate component, this bill federal government agencies, the pri- duces an important piece of legislation, is a legitimate and constitutional way vate sector and the non-profit sector the Child Interstate Abortion Notifica- for Congress to help protect children and focus on areas such as agriculture, tion Act. This bill, which is being in- and support parents. archeology, ecology, land appraisal and troduced in the House by Rep. ILEANA urban planning and development. It is ROS-LEHTINEN of Florida, is based on By Mr. COCHRAN (for himself important to improve and expand geog- the belief that children should not and Ms. MIKULSKI): raphy education so that students in the make profound life-changing decisions S. 370. A bill to improve and expand United States can attain the necessary by themselves and that parents are geographic literacy among kinder- expertise to fill and retain the esti- generally in the best and most respon- garten through grade 12 students in the mated 70,000 new skilled jobs that are sible position to help them. United States by improving profes- becoming available each year in the One of the many disturbing ironies in sional development programs for kin- geospatial technology industry. the abortion debate is that parental dergarten through grade 12 teachers of- Former Secretary of State Colin consent is needed for such things as fered through institutions of higher Powell once said, ‘‘To solve most of the tattoos or school fieldtrips but not al- education; to the Committee on major problems facing our country ways for abortions that will end one Health, Education, Labor, and Pen- today—from wiping out terrorism, to life and change another forever. Abor- sions. minimizing global environmental prob- tion advocates say that abortion Mr. COCHRAN. Mr. President, today lems, to eliminating the scourge of should be treated as any other surgical I am introducing the Teaching Geog- AIDS—will require every young person procedure many of them oppose doing raphy is Fundamental Act. I am to learn more about other regions, cul- so when it comes to parental consent. pleased to be joined by my friend from tures, and languages.’’ We need to do What is worse, there are individuals Maryland, Ms. MIKULSKI. The purpose more to ensure that the teachers re- and organizations out there who appear of this bill is to improve geographic lit- sponsible for the education of our stu- to care more about money than about eracy among K–12 students in the dents, from kindergarten through high kids. They are willing to help young United States by supporting profes- school graduation, are trained and pre- girls get abortions by any means nec- sional development programs adminis- pared to teach the critical skills nec- essary, including taking them to other tered by institutions of higher edu- essary to solve these problems. States without the knowledge or con- cation for K–12 teachers. The bill also Over the last 15 years, the National sent of their parents. Mind you, those assists states in measuring the impact Geographic Society has awarded more same parents will be responsible for the of geography education. than $100 million in grants to edu- aftermath, for the physical, emotional, Ensuring geographic literacy pre- cators, universities, geography alli- and spiritual consequences of the abor- pares students to be good citizens of ances, and others for the purposes of tion. If parents are to be responsible at both our nation and the world. John advancing and improving the teaching the end, they have the right to be there Fahey, Chairman and CEO of the Na- of geography. Their models are success- at the beginning. tional Geographic Society, once stated ful, and research shows that students If it were possible, just for a moment, that, ‘‘Geographic illiteracy impacts who have benefited from this teaching to take the abortion politics out of the our economic well-being, our relation- outperform other students. State geog- picture, every parent knows that kids ships with other nations and the envi- raphy alliances exist in 26 States and have to develop over time the judg- ronment, and isolates us from the the District of Columbia, endowed by ment and maturity to make decisions. world.’’ When students understand grants from the Society. But, their ef- No one is more committed to them, no their own environment, they can better forts alone are not enough. one has more love for them, no one has understand the differences in other In my home State of Mississippi, more responsibility for them than their places and the people who live in them. teachers and university professors are parents. Knowledge of the diverse cultures, en- making progress to increase geography This bill has two parts. First, it pro- vironments, and distances between education in schools through addi- hibits taking a minor across state lines states and countries helps our students tional professional training. Based at for an abortion if doing so evades the to understand national and inter- the University of Mississippi, hundreds parental involvement law in her home national policies, economies, societies of geography teachers are members of State. In the 109th Congress, this por- and political structures on a global the Mississippi Geography Alliance. tion of our bill passed the Senate with scale. The Mississippi Geography Alliance 65 bipartisan votes. More than 80 per- To expect that Americans will be conducts regular workshops for grad- cent of our fellow Americans support able to work successfully with other uate and undergraduate students who it. Second, this bill requires abortion- people around the world, we need to be are preparing to be certified to teach ists to notify parents of an out-of-state able to communicate and understand elementary through high school-level minor before performing an abortion. each other. It is a fact that we have a geography in our State. These work- Without this common sense require- global marketplace, and we need to be shops have provided opportunities for ment, abortion providers and advocates preparing our younger generation for model teaching sessions and discussion actually advertise how minors in states competition in the international econ- of best practices in the classroom. that require parental involvement can omy. A strong base of geographic The bill I am introducing establishes get abortions elsewhere. This perverse knowledge improves these opportuni- a Federal commitment to enhance the practice undermines parents and puts ties. education of our teachers, focuses on young girls at greater risk. Fifty-seven In a report prepared for leading geography education research, and de- Senators of both parties, including 23 Internet company, Google, the study velops reliable, advanced technology still serving in this body today, voted estimated that geography service in- based classroom materials. I hope the for cloture on this combined bill in dustries generate up to $270 billion Senate will consider the seriousness of 2006. every year. Geographic knowledge is the need to invest in geography, and I I urge my colleagues to read the bill. increasingly needed for U.S. businesses invite other Senators to cosponsor the It does not apply when an abortion is in electronic mapping, satellite im- Teaching Geography is Fundamental necessary to save a girl’s life or if the agery, and location-based navigation to Act.

VerDate Mar 15 2010 03:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.038 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S787 By Mr. REED (for himself, Mr. The legislation I am reintroducing in the National Football League after recov- WHITEHOUSE, Ms. WARREN, and today with my colleagues from Rhode ering from a torn tricep earlier in the sea- Mr. COWAN): Island and Massachusetts seeks to es- son; S. 371. A bill to establish the Black- tablish the two-state partnership park Whereas linebacker Terrell Suggs tore his achilles tendon in the offseason but made a stone River Valley National Historical described in the study, with sites in- full recovery to play in the Super Bowl; Park, to dedicate the Park to John H. cluding the Blackstone River and its Whereas quarterback Joe Flacco led the Chafee, and for other purposes; to the tributaries, the Blackstone Canal, the Baltimore Ravens to victory by throwing for Committee on Energy and Natural Re- historic district of Old Slater Mill in a total of 287 yards, 3 touchdowns, and no sources. Pawtucket, the villages of Slatersville interceptions, earning the award for Most Mr. REED. Mr. President, today I am and Ashton in Rhode Island, the vil- Valuable Player; reintroducing legislation with my col- lages of Whitinsville and Hopedale in Whereas receiver Jacoby Jones caught 1 leagues Senators WHITEHOUSE, WAR- Massachusetts, and the Blackstone pass for 56 yards and a touchdown and re- turned a kickoff a record-tying 108 yards for REN, and COWAN that would create the River State Park. The National Park another touchdown; Blackstone River Valley National His- Service would partner with the local Whereas receiver Anquan Boldin caught 6 torical Park. Our legislation seeks to coordinating entity of the surrounding passes for 104 yards and a touchdown; preserve the industrial, natural, and Heritage Corridor, the Blackstone Whereas the Baltimore Ravens dedicated cultural heritage of the Blackstone River Valley National Heritage Cor- their play during the season to the memories Valley, assist local communities by ridor, Inc. That non-profit would then of Art Modell, the former owner, and Tevin providing economic development op- lead efforts with other regional and Jones, the brother of receiver Torrey Smith; portunities, and build upon the founda- local groups to preserve the sur- Whereas the leadership and vision of head tion of the John H. Chafee Blackstone coach John Harbaugh propelled the Balti- rounding rural and agriculture land- more Ravens back to the pinnacle of profes- River Valley National Heritage Cor- scape within the greater Blackstone sional sports; ridor. River Valley. Whereas members of the Baltimore Ravens In 1793, Samuel Slater began the Creating a national historic park will organization have helped their community American Industrial Revolution in enable us to safeguard our cultural her- through charitable work and advocacy; and Rhode Island when he built his historic itage for future generations; improve Whereas the Baltimore Ravens have mill along the Blackstone River. the use and enjoyment of the area’s re- brought great pride and honor to the City of Today, the mills and villages found sources, including outdoor education Baltimore, its loyal fans, and the entire throughout the John H. Chafee Black- State of Maryland: Now, therefore, be it for young people; enhance opportuni- Resolved, That the Senate— stone River Valley National Heritage ties for economic development; and in- (1) congratulates the Baltimore Ravens for Corridor in Rhode Island and Massa- crease protection of the most impor- winning Super Bowl XLVII; chusetts stand as witnesses to this im- tant and nationally significant cul- (2) recognizes the achievements of all the portant era of American history. tural and natural resources of the players, coaches, and staff who contributed Not only is the Blackstone Valley a Blackstone River Valley. to the 2012 championship season; and window to our nation’s past but it is I am proud that this park would be (3) requests that the Secretary of the Sen- also includes thousands of acres of pris- dedicated to my late colleague John H. ate prepare an enrolled version of this reso- tine, undeveloped land and waterways lution for presentation to— Chafee, who worked tirelessly for many (A) the owner of the Baltimore Ravens, that are home to a diverse ecosystem. years, along with others in Rhode Is- Steve Biscotti; The combined efforts of the National land and Massachusetts, to protect and (B) the head coach of the Baltimore Park Service and Federal, State, and preserve the Blackstone River Valley. Ravens, John Harbaugh; and local officials in our or two states, I look forward to working with my (C) the now-retired field leader of the Bal- along with dedicated volunteers, have colleagues to pass this legislation to timore Ravens, Ray Lewis. rejuvenated the communities within establish the Blackstone River Valley f the Corridor and renewed interest in National Historical Park. the rich history of the Blackstone SENATE RESOLUTION 36—RECOG- f River and valley. This kind of eco- NIZING FEBRUARY 19, 2013 AS nomic and environmental revitaliza- SUBMITTED RESOLUTIONS THE CENTENNIAL OF MOSAIC, A tion is indicative of the tradition of the FAITH-BASED ORGANIZATION valley in its successful reinvention THAT WAS FOUNDED IN NE- SENATE RESOLUTION 35—CON- over the past two centuries. BRASKA AND NOW SERVES For example, the Ashton Mill in GRATULATING THE BALTIMORE MORE THAN 3,600 INDIVIDUALS Cumberland is an excellent illustration RAVENS FOR WINNING SUPER WITH INTELLECTUAL DISABIL- of local redevelopment. With the des- BOWL XLVII ITIES IN 10 STATES ignation of the National Heritage Cor- Mr. CARDIN (for himself and Ms. MI- Mr. JOHANNS (for himself, Mr. HAR- ridor, the cleanup of the river, the cre- KULSKI) submitted the following resolu- KIN, Mrs. FISCHER, Mr. DURBIN, and Mr. ation of the state park, and the con- tion; which was considered and agreed GRASSLEY) submitted the following res- struction of the Blackstone River Bike- to: olution; which was considered and way, the property was restored for S. RES. 35 agreed to: adaptive reuse as rental apartments. Whereas, on February 3, 2013, the Balti- S. RES. 36 Once again, the mill and its village are more Ravens won Super Bowl XLVII, defeat- Whereas the roots of Mosaic, a faith-based a vital part of the greater Blackstone ing the San Francisco 49ers by a score of 34 organization that serves individuals with in- valley community. to 31 at the Mercedes-Benz Superdome in tellectual disabilities, trace back to the I have been pleased over the years to New Orleans, Louisiana; commitment of a Nebraskan to ensure that help support the preservation and re- Whereas Super Bowl XLVII marks the sec- individuals with disabilities were cared for newed development of the Blackstone ond Super Bowl win for the Baltimore and inspired by a loving community; Ravens, the third Super Bowl win for a Balti- Whereas, on February 19, 1913, a Nebraska River Valley. more football team, and the first time in his- pastor, the Reverend K.G. William Dahl, In 2005, I cosponsored legislation with tory that siblings have coached opposing founded Bethphage Inner Mission Associa- former Senator Lincoln Chafee, now teams in the Super Bowl; tion (referred to in this preamble as our State’s governor, requiring the Whereas the victory by the Baltimore ‘‘Bethphage’’) in Axtell, Nebraska as a min- completion of a Special Resource Ravens was the culmination of a regular sea- istry for individuals with intellectual dis- Study to determine which areas within son with 10 wins and 6 losses and a series of abilities; the Corridor were of national signifi- exhilarating playoff performances; Whereas, on October 20, 1925, a school en- cance and possibly suitable for inclu- Whereas the Baltimore Ravens exhibited a deavoring to create opportunities for chil- sion in the National Park System. stellar offensive performance, with 93 rush- dren with disabilities took root in Sterling, After extensive input from local stake- ing yards and 274 passing yards; Nebraska when the Reverends Julius Moehl, Whereas the Baltimore Ravens’ defense August Hoeger, and William Fruehling, and holders and historians, in 2011 the com- forced turnovers that were critical to achiev- laymen John Aden and William Ehmen, es- pleted study recommended the creation ing a victory; tablished Martin Luther Home Society, of a new unit of the National Park Sys- Whereas middle linebacker Ray Lewis won which later became known as Martin Luther tem. his second Super Bowl ring in his last game Homes;

VerDate Mar 15 2010 04:38 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.043 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S788 CONGRESSIONAL RECORD — SENATE February 14, 2013 Whereas, with the increasing need for com- (3) urges the International Olympic Com- mittee on Environment and Public munity-based programs for individuals with mittee Executive Board to reinstate wres- Works be authorized to meet during disabilities in the 1970s and 1980s, both tling as a core sport of the Summer Olympic the session of the Senate on February Bethphage and Martin Luther Homes grew Games. 14, 2013, at 10 a.m. in room 406 of the into ministries that served locations across f the United States; Dirksen Senate office building. Whereas the shared vision and mission of AMENDMENTS SUBMITTED AND The Presiding Officer. Without objec- the 2 Nebraska-born ministries, to care for PROPOSED tion, it is so ordered. the most vulnerable individuals, laid the COMMITTEE ON FINANCE SA 22. Mr. REID (for Mr. LAUTENBERG) pro- foundation for the formation of a powerful posed an amendment to the resolution S. Ms. SHAHEEN. Mr. President, I ask partnership; Res. 21, designating February 14, 2013, as unanimous consent that the Com- Whereas, on July 1, 2003, Mosaic was offi- ‘‘National Solidarity Day for Compassionate cially established through a consolidation of mittee on Finance be authorized to Patient Care’’. Bethphage and Martin Luther Homes; and meet during the session of the Senate Whereas Mosaic has created a legacy of f on February 14, 2013, at 9:30 a.m., in love, providing individualized support to TEXT OF AMENDMENTS room 215 of the Dirksen Senate Office thousands of individuals in the United States Building, to conduct a hearing entitled and extending its work beyond the borders of SA 22. Mr. REID (for Mr. LAUTEN- ‘‘Health Insurance Exchanges: Progress the United States through an international BERG) proposed an amendment to the Report’’. alliance: Now therefore be it resolution S. Res. 21, designating Feb- The PRESIDING OFFICER. Without Resolved, That the Senate— ruary 14, 2013, as ‘‘National Solidarity objection, it is so ordered. (1) recognizes February 19, 2013 as the cen- Day for Compassionate Patient Care’’; COMMITTEE ON FOREIGN RELATIONS tennial of Mosaic; as follows: (2) recognizes the important and valuable Ms. SHAHEEN. Mr. President, I ask contributions that individuals with intellec- On page 3 line 1, strike ‘‘humanistic’’ and unanimous consent that the Com- insert ‘‘humane’’. tual disabilities make in their communities; mittee on Foreign Relations be author- (3) celebrates the integral role that Mosaic f ized to meet during the session of the has played in the growth and success of indi- viduals with intellectual disabilities; and AUTHORITY FOR COMMITTEES TO Senate on February 14, 2013, at 2 p.m. (4) congratulates the men and women who MEET The PRESIDING OFFICER. Without have touched countless lives by contributing COMMITTEE ON AGRICULTURE, NUTRITION, AND objection, it is so ordered. to the mission of Mosaic to create a life of FORESTRY COMMITTEE ON THE JUDICIARY possibilities for individuals with intellectual Ms. SHAHEEN. Mr. President, I ask Ms. SHAHEEN. Mr. President, I ask disabilities. unanimous consent that the Com- unanimous consent that the Com- f mittee on Agriculture, Nutrition, and mittee on the Judiciary be authorized SENATE RESOLUTION 37—EX- Forestry be authorized to meet during to meet during the session of the Sen- PRESSING THE SENSE OF THE the session of the Senate on February ate, on February 14, 2013, at 10 a.m., in SENATE IN DISAPPROVING THE 14, 2013, at 9:30 a.m. in room SR 328A of SD–226 of the Dirksen Office Building, PROPOSAL OF THE INTER- the Russell Senate office building. to conduct an executive business meet- NATIONAL OLYMPIC COMMITTEE The PRESIDING OFFICER. Without ing. EXECUTIVE BOARD TO ELIMI- objection, it is so ordered. The PRESIDING OFFICER. Without NATE WRESTLING FROM THE COMMITTEE ON AGRICULTURE, NUTRITION, AND objection, it is so ordered. SUMMER OLYMPIC GAMES BE- FORESTRY SELECT COMMITTEE ON INTELLIGENCE GINNING IN 2020 Ms. SHAHEEN. Mr. President, I ask Ms. SHAHEEN. Mr. President, I ask unanimous consent that the Com- Mr. BROWN (for himself, Mr. GRASS- unanimous consent that the Select mittee on Agriculture, Nutrition, and LEY, Mr. FRANKEN, Mr. HARKIN, Mr. Committee on Intelligence be author- Forestry be authorized to conduct a CASEY, Mr. INHOFE, and Mr. LEVIN) sub- ized to meet during the session of the hearing entitled ‘‘Drought, Fire and mitted the following resolution; which Senate on February 14, 2013, at 2:30 Freeze: The Economics of Disasters for was referred to the Committee on Com- p.m. merce, Science, and Transportation: America’s Agricultural Producers,’’ The PRESIDING OFFICER. Without during the session of the Senate on S. RES. 37 objection, it is so ordered. February 14, 2013, at 9:30 a.m. in room f Whereas wrestling is recognized as one of SR 328A of the Russell Senate office the world’s oldest competitive sports dating building. NATIONAL SOLIDARITY DAY FOR back to 3000 BC; COMPASSIONATE PATIENT CARE Whereas wrestling was one of the original The PRESIDING OFFICER. Without sports of the ancient Greek Olympic Games objection, it is so ordered. Mr. REID. Mr. President, I ask unan- and of the first modern Olympic Games; COMMITTEE ON ARMED SERVICES imous consent that the Judiciary Com- Whereas wrestling is one of the world’s Ms. SHAHEEN. Mr. President, I ask mittee be discharged from further con- most diverse sports, with participants from unanimous consent that the Com- sideration of S. Res. 21 and that the almost 200 countries around the world; mittee on Armed Services be author- Senate proceed to its consideration. Whereas over 280,000 high school students The PRESIDING OFFICER. Without in the United States participated in wres- ized to meet during the session of the tling in 2012; Senate on February 14, 2013, at 10 a.m. objection, it is so ordered. Whereas there are over 300 intercollegiate The PRESIDING OFFICER. Without The clerk will report the resolution wrestling programs in the United States; objection, it is so ordered. by title. Whereas wrestling represents the deter- COMMITTEE ON BANKING, HOUSING, AND URBAN The legislative clerk read as follows: mination and hard work it takes to succeed AFFAIRS A resolution (S. Res. 21) designating Feb- in life and sport; Ms. SHAHEEN. Mr. President, I ask ruary 14, 2013, as ‘‘National Solidarity Day Whereas the United States has a long, unanimous consent that the Com- for Compassionate Patient Care.’’ proud, and storied Olympic wrestling his- mittee on Banking, Housing, and There being no objection, the Senate tory; and Whereas wrestling epitomizes the spirit of Urban Affairs be authorized to meet proceeded to consider the resolution. the Olympic Games: Now, therefore, be it during the session of the Senate on Mr. REID. I ask unanimous consent Resolved, That the Senate— February 14, 2013, at 10:30 a.m. to con- that the Lautenberg amendment to the (1) thanks the United States Olympic Com- duct a hearing entitled ‘‘Wall Street resolution, which is at the desk, be mittee for its continued support of wrestling Reform: Oversight of Financial Sta- agreed to; the resolution, as amended, and encourages it to work actively to reverse bility and Consumer and Investor Pro- be agreed to; the preamble be agreed the proposal of the International Olympic tections.’’ to; and the motions to reconsider be Committee Executive Board to eliminate The Presiding Officer. Without objec- laid on the table with no intervening wrestling from the Summer Olympic Games beginning in 2020; tion, it is so ordered. action or debate. (2) disapproves the proposal of the Inter- COMMITTEE ON ENVIRONMENT AND PUBLIC The PRESIDING OFFICER. Without national Olympic Committee Executive WORKS objection, it is so ordered. Board to eliminate wrestling from the Sum- Ms. SHAHEEN. Mr. President, I ask The amendment (No. 22) was agreed mer Olympic Games beginning in 2020; and unanimous consent that the Com- to, as follows:

VerDate Mar 15 2010 03:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.046 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE February 14, 2013 CONGRESSIONAL RECORD — SENATE S789 On page 3 line 1, strike ‘‘humanistic’’ and Baltimore Ravens and their victory in involved for giving not just Baltimore insert ‘‘humane’’. Super Bowl XLVII as well as to honor but for giving football a team everyone The resolution (S. Res. 21), as amend- the players, coaches, staff, and loyal can admire. ed, was agreed to. fans who helped to secure the Ravens’ I also want to acknowledge the gra- The preamble was agreed to. second Lombardi trophy in the last 12 cious way in which our colleagues from The resolution, as amended, with its years as the best team in the National California have handled the results of preamble, reads as follows: Football League. the Super Bowl. The 49ers are a great S. RES. 21 I have been a Baltimore football fan team. They played a great game and Whereas the National Solidarity Day for for as long as I can remember, from the had a great season. Baltimore and San Compassionate Patient Care promotes na- days of the Baltimore Colts and John- Francisco share a lot. We share great tional awareness of the importance of com- ny Unitas, Alan Ameche, and Lenny football and we share a bay. We call passionate and respectful relationships be- Moore. I am so proud of this team. This our bay the Chesapeake Bay and they tween health care professionals and their pa- team has guts. No one predicted them call theirs the San Francisco Bay. We tients as reflected in attitudes that are sen- to win the Super Bowl—no one. At one share great seafood, and we share a sitive to the values, autonomy, cultural, and point no one expected them to even get love for the sport of football. ethnic backgrounds of patients and families; I thank them for their graciousness, Whereas individuals and groups of medical into the playoffs. They not only made professionals and students stand in soli- the playoffs but they won in spectac- and I thank all involved for a great darity to support compassion in health care ular fashion. They looked after each season for the Baltimore Ravens. as expressed by Dr. Randall Friese, triage other, and they worked hard. The PRESIDING OFFICER. The Sen- physician at the University of Arizona Med- Coach Harbaugh brought the team ator from Maryland. ical Center who, when queried, stated that together. Ray Lewis, in his last season, Ms. MIKULSKI. Mr. President, I join the most important treatment he provided motivated the team. We had players with Senator CARDIN as a fellow jock to to Congress member Gabrielle Giffords after who were injured during the course of support the resolution commending the she was shot on January 8, 2011, was to hold the season who came back to play in Baltimore Ravens. What a great season her hand and reassure her that she was in we have had. It was thrilling; it was ex- the hospital and would be cared for; the playoffs. The team represented Bal- Whereas physicians, nurses, all other timore so well and I think represented citing. I have been a Ravens fan since health care professionals, and medical facili- the best in football. They not only gave they came to Baltimore, and I was ties are charged with providing both the art our city and our football fans the op- originally a Colts fan. and science of medicine; portunity to come together, I was very I was a little girl when the National Whereas a greater awareness of the impor- much impressed how Baltimore Football League came to Baltimore. It tance of compassion in health care encour- changed during Super Bowl week. Our was the Baltimore Colts. They even ages health care professionals to be mindful city was so proud of our team and so had a telethon to buy tickets. Just of the need to treat the patient rather than imagine, we could buy season tickets the disease; proud of the manner in which they con- Whereas scientific research illustrates that ducted themselves on and off the field. to the Baltimore Colts for $15. One of when health care professionals practice They gave back to the community in the first things I did when I graduated humanistically; demonstrating the qualities so many different ways. They helped from college and had my own money of integrity, excellence, compassion, altru- young people. They helped develop was to go in with my Uncle Fred to be ism, respect, empathy, and service, their pa- healthy lifestyles. They have been role able to have tickets to go to the Colts tients have better medical outcomes; and models. games at Memorial Stadium. Whereas February 14th would be an appro- This Super Bowl will be remembered I remember watching TV when we priate day to designate as National Soli- for a long time to come. I think in the had that famous game with New York darity Day for Compassionate Patient Care and Johnny Unitas tossed that winning and to celebrate it by health care students first half we thought it was going to be and professionals performing humanistic a runaway game, but the Baltimore touchdown to Lenny Moore and won 10 acts of compassion and kindness toward pa- Ravens have a way to make sure they seconds before the game was over. I tients, families of patients, and health care keep TV ratings high. It got a little didn’t think football could ever be that colleagues: Now, therefore, be it more suspenseful, particularly when we exciting again. But then came this Resolved, That the Senate— had the blackout in the third-quarter, Ravens season just roaring to the fin- (1) designates February 14, 2013, as ‘‘Na- but in the end the Baltimore Ravens ish. There they were playing the Bron- tional Solidarity Day for Compassionate Pa- prevailed and Baltimore is the cham- cos in Denver, the mile-high city. Sen- tient Care’’; ator UDALL really razzed and did some (2) recognizes the importance and value of pionship city. a respectful relationship between health care We are so proud of the accomplish- pretty uppity trash talk. But we, with professionals and their patients as a means ments of our team. Whether we are our usual pride and gentility, weath- of promoting better health outcomes; and talking about the comeback of Ray ered the storm. (3) encourages all health care professionals Lewis or Terrell Suggs from a dev- I could not believe it. I thought the to be mindful of the importance of both— astating injury or Ray Rice’s fourth game was over. I was ready to kick (A) being humane and compassionate; and and 29 scramble to keep our playoff back and call my sister when, oh, wow, (B) providing technical expertise. hopes alive, it is clear that the Ravens there goes Flacco with that 70-yard f were the most determined team in the toss, and it was a touchdown. Even though I am short and chunky, I was CONGRATULATING THE BALTI- National Football League. ready to do cartwheels around my MORE RAVENS FOR WINNING Unflappable Joe Flacco has estab- condo that evening. SUPER BOWL XLVII lished himself as a leader and one of the preeminent quarterbacks in the The team went on to deal with the Mr. REID. Mr. President, I ask unan- league. His Most Valuable Player per- New England Patriots and then all the imous consent that the Senate proceed formance in the Super Bowl was a fit- way to the Super Bowl. We were out to the consideration of S. Res. 35, ting capstone on an MVP season and there winning again when all of a sud- which was submitted earlier today. should prove once and for all ‘‘Joe den the lights went out in New Orleans. The PRESIDING OFFICER. The Cool’’ has what it takes. Even though they went out for 38 min- clerk will report the resolution by It has been thrilling to watch the utes in New Orleans, the lights were on title. Ravens this year, to say the least. In a all over Baltimore and we were purple. The legislative clerk read as follows: season during which the team clawed We were purple with pride and purple A resolution (S. Res. 35) congratulating the and ‘‘cawed’’ its way to some close vic- with joy. We were so pleased that they Baltimore Ravens for winning Super Bowl tories, the Super Bowl was a fitting brought us victory not only on the XLVII. end. The Ravens came into New Orle- playing fields of the National Football There being no objection, the Senate ans as the underdogs against incredible League, but do you know what else proceeded to consider the resolution. odds, and they prevailed as the world they did? They created a sense of com- Mr. CARDIN. Mr. President, we take champions. munity and a sense of energy. this time in order to acknowledge the I applaud the team, the coaches, the If you came with me to one of our extraordinary accomplishments of the managers, the owner, and all who were great major league institutions, such

VerDate Mar 15 2010 03:36 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A14FE6.033 S14FEPT1 tjames on DSK7SPTVN1PROD with SENATE S790 CONGRESSIONAL RECORD — SENATE February 14, 2013 as Johns-Hopkins or the University of The PRESIDING OFFICER. The ferences authorized by law, by concur- Maryland, you would see that we are clerk will report the resolution by rent action of the two Houses, or by shoulder to shoulder with Nobel prize title. order of the Senate. winners who are working in our insti- The legislative clerk read as follows: The PRESIDING OFFICER. Without tutions. The facility managers, nurses, A resolution (S. Res. 36) recognizing Feb- objection, it is so ordered. ruary 19, 2013 as the centennial of Mosaic, a and even the patients had on their pur- f ple ties or purple shirts. We were faith-based organization that was founded in united. It was a sense of community, Nebraska and now serves more than 3,600 in- SIGNING AUTHORITY and it was a sense of pride. dividuals with intellectual disabilities in 10 States. Mr. REID. Mr. President, I ask unan- What is it that we liked? Because we imous consent that from Friday, Feb- There being no objection, the Senate did our best. We were the underdog ruary 15, through Monday, February 25, proceeded to consider the resolution. team. Some of the national sports writ- Senator LEVIN be authorized to sign Mr. REID. I ask unanimous consent ers would often look down their nose at duly enrolled bills or joint resolutions. that the resolution be agreed to, the the football players. We don’t carry a The PRESIDING OFFICER. Without preamble be agreed to, and the motions chip on our shoulder, we carry the foot- objection, it is so ordered. ball across the goal line. That is the to reconsider be laid upon the table way Baltimore is. We are gritty, we are with no intervening action or debate. f The PRESIDING OFFICER. Without strong, and we will fight and take it all ORDERS FOR FRIDAY, FEBRUARY objection, it is so ordered. the way to the end. 15, 2013, THROUGH MONDAY, FEB- The resolution (S. Res. 36) was agreed So I want to congratulate the Ravens RUARY 25, 2013 for creating a sense of energy, creating to. a sense of community, and, yes, win- The preamble was agreed to. Mr. REID. Mr. President, I ask unan- ning the Super Bowl. They were The resolution, with its preamble, is imous consent that when the Senate champs, but really what they created printed in today’s RECORD under ‘‘Sub- completes its business today, it ad- was not only champions of the Super mitted Resolutions.’’ journ and convene for pro forma ses- sions only, with no business conducted Bowl, they were champions on their f way to victory to create this sense of on the following dates and times, and community. ORDER OF PROCEDURE that following each pro forma session, Also, a special acknowledgment to Mr. REID. I ask unanimous consent the Senate adjourn until the next pro Ray Lewis. Ray Lewis has had a tough that if the Senate receives an adjourn- forma session: Friday, February 15, at life. It has been hard-scrapple and ment resolution from the House iden- 12 p.m.; Tuesday, February 19, at 10:30 hard-tackle for him. He has faced some tical to the text which is at the desk, a.m.; and Friday, February 22, at 10:45 life challenges and has had some dark the concurrent resolution be consid- a.m.; and that the Senate adjourn on moments. Out of that, he has reclaimed ered agreed to and the motion to recon- Friday, February 22, until 2 p.m. on his life, and in the process of reclaim- sider be considered made and laid upon Monday, February 25, 2013, unless the ing his life and giving essentially all the table, with no intervening action Senate adopts an adjournment resolu- honor to God, he has then gone on to or debate. tion pursuant to the previous order, work with other football players and The PRESIDING OFFICER. Without and that if the Senate adopts such a people in our community about how objection, it is so ordered. resolution, the Senate adjourn until 2 you get your life together, how you Mr. REID. Mr. President, I ask unan- p.m. on Monday, February 25, 2013; that hold your life together, and how you imous consent that either on Monday, on Monday, following the prayer and are a winner both on and off the field. February 25, or Tuesday, February 26, I pledge, the morning hour be deemed So I wish to congratulate the Ravens. be permitted and the Republican leader expired, the Journal of proceedings be We are really proud of them. We are be permitted to introduce a bill to re- approved to date, and the time for the glad they won the Lombardi Trophy for place the sequester required under the two leaders be reserved for their use the second time in 11 years. Budget Control Act; further, that if a later in the day; and that following any I have a purple coat that I bought for leader introduces such legislation, his leader remarks, the Senate be in a pe- the first Super Bowl. Some women bill be placed directly on the legisla- riod of morning business until 5 p.m. have special-occasion cocktail dresses; tive calendar; finally, that motions to with Senators permitted to speak I have a special coat for football sea- proceed to these bills be in order the therein for up to 10 minutes each; fur- son. I pulled it out, and I am ready to day they are introduced. ther, that the Senate then proceed to wear it, and I am ready to wear it for The PRESIDING OFFICER. Without executive session, under the previous victory for next season. objection, it is so ordered. order. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, the purpose The PRESIDING OFFICER. Without imous consent that the resolution be of this—and I have had meetings with objection, it is so ordered. agreed to, the preamble be agreed to, Senator MCCONNELL—is that we are f and the motions to reconsider be laid each going to have a piece of legisla- PROGRAM upon the table, with no intervening ac- tion to hold the sequester from kicking tion or debate. in, and this is the easiest way to do it Mr. REID. Mr. President, the next The PRESIDING OFFICER. Without without a lot of procedural motions, rollcall vote will be on Monday, Feb- objection, it is so ordered. and I appreciate everyone’s coopera- ruary 25, at 5:30 p.m., on confirmation The resolution (S. Res. 35) was agreed tion in that regard. of the Bacharach nomination. to. f f The preamble was agreed to. The resolution, with its preamble, is APPOINTMENTS AUTHORITY CONDITIONAL ADJOURNMENT printed in today’s RECORD under ‘‘Sub- Mr. REID. Mr. President, I ask unan- UNTIL TOMORROW mitted Resoultions.’’ imous consent that notwithstanding Mr. REID. Mr. President, if there is f the upcoming recess or adjournment of no further business to come before the the Senate, the President pro tempore Senate, I ask that it adjourn under the RECOGNIZING FEBRUARY 19, 2013, and the majority and minority leaders previous order. AS CENTENNIAL OF MOSAIC be authorized to make appointments to There being no objection, the Senate, Mr. REID. Mr. President, I ask unan- commissions, committees, boards, con- at 6:57 p.m., adjourned until Friday, imous consent to proceed to S. Res. 36. ferences, or interparliamentary con- February 15, 2013, at 12 noon.

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RECOGNIZING NATIONAL COURT HONORING BENJAMIN JACKSON natory and may even suggest hostility to reli- REPORTING AND CAPTIONING MATT gion. WEEK FEMA has a policy in place to aid nonprofit HON. SAM GRAVES facilities damaged in the storm, but the agency has excluded houses of worship from this sup- HON. RON KIND OF MISSOURI IN THE HOUSE OF REPRESENTATIVES port. That is wrong. And it’s time Congress en- OF WISCONSIN sures fundamental fairness for these essential Thursday, February 14, 2013 IN THE HOUSE OF REPRESENTATIVES private nonprofits. Mr. GRAVES of Missouri. Mr. Speaker, I The bipartisan Federal Disaster Assistance Thursday, February 14, 2013 proudly pause to recognize Benjamin Jackson Nonprofit Fairness Act of 2013—H.R. 592— will ensure that churches, synagogues, Mr. KIND. Mr. Speaker, today I rise to ac- Matt. Benjamin is a very special young man mosques, temples and other houses of wor- knowledge the hard work of court reporters who has exemplified the finest qualities of citi- ship are eligible for federal funds to effectuate and broadcast captioners nationwide, as well zenship and leadership by taking an active repairs, restoration and replacement of dam- as the recognition of the National Court Re- part in the Boy Scouts of America, Troop 314, aged facilities. porting and Captioning Week from February and earning the most prestigious award of Madam Speaker, it’s worth noting here that 17–23, 2013. Eagle Scout. Benjamin has been very active with his FEMA’s discriminatory policy of exclusion isn’t Court reporters and broadcast captioners troop, participating in many scout activities. prescribed by any law. Nothing in the Stafford have the unique skill of translating the spoken Over the many years Benjamin has been in- Act or any other law including the Hurricane word into text to record history, preserve judi- volved with scouting, he has not only earned Sandy Disaster Relief Appropriations Act pre- cial proceedings, assist individuals who are 32 merit badges, but also the respect of his cludes funds to repair, restore or replace deaf and hard-of-hearing with access to audio family, peers, and community. Most notably, houses of worship. Indeed, congressional communications, and even capture the work of Benjamin has led his troop in various positions precedent favors enacting H.R. 592 as there Congress in committees and on the floor of including Troop Guide, has earned the rank of are several pertinent examples of public funds the House and Senate. They are truly the Warrior in the Tribe of Mic–O–Say and is a bein allocated to houses of worship. guardians of the record. Brotherhood Member in the Order of the For example: The profession of court reporting is thou- Arrow. Benjamin has also contributed to his FEMA grants were explicitly authorized by sands of years old; its roots can be traced community through his Eagle Scout Project. Congress and provided to churches damaged back to 63 B.C., when Marcus Tullius Tiro cre- Benjamin led a team of more than 30 people in the Oklahoma City terrorist attack; ated shorthand reporting to service the Roman in designing and constructing a trail at Park- Homeland Security Department and UASI philosopher, lawyer, and orator Cicero. Since ville Nature Sanctuary in Parkville, Missouri. provides funding to houses of worship for se- the dawn of civilization, the desire to capture Mr. Speaker, I proudly ask you to join me in curity upgrades; the spoken word and record our history has commending Benjamin Jackson Matt for his Interior Department provides funding for been the responsibility of the scribe, known accomplishments with the Boy Scouts of grants for historically significant properties in- today as the court reporter. America and for his efforts put forth in achiev- cluding churches and synagogues; The scribe has been an essential part of ing the highest distinction of Eagle Scout. It is important to note that a controlling Jus- history from times in Ancient Egypt, to the f tice Department Office of Legal Counsel drafting of the Declaration of Independence, Memorandum explains in detail the legal prin- Bill of Rights, the Emancipation Proclamation FEDERAL DISASTER ASSISTANCE ciples which make H.R. 592 constitutional. In and the recording of our entire American his- NONPROFIT FAIRNESS ACT OF 2013 a September 25, 2002, written opinion, the Of- tory. fice of Legal Counsel concluded it was con- SPEECH OF Since the advent of shorthand machines, stitutional for Congress to provide disaster re- these scribes are now known as court report- HON. CHRISTOPHER H. SMITH lief and reconstruction funds to a religious ers and have played a prominent and invalu- OF NEW JERSEY Jewish school, along with all sorts of other or- able role in courtrooms, state legislatures, and IN THE HOUSE OF REPRESENTATIVES ganizations, following a devastating earth- quake. in Congress preserving Members’ words and Wednesday, February 13, 2013 actions. The same principles apply to protect reli- Mr. SMITH of New Jersey. Madam Speaker, gious organizations following a devastating Court reporters and captioners are also re- Superstorm Sandy inflicted unprecedented hurricane. As the Office of Legal Counsel sponsible for the closed captioning seen damage on communities in the Northeast in- memo concluded ‘‘provision of disaster assist- scrolling across television screens, at sporting cluding my district in New Jersey. Congress ance to [religious organizations] cannot be stadiums and in other community and edu- and the President have responded by pro- materially distinguished from aid programs that cational settings, bringing information to al- viding $60 billion in emergency and recovery are constitutional under longstanding Supreme most 40 million deaf and hard-of-hearing aid. Court precedent establishing that religious in- Americans every day. Today’s debate and vote however isn’t at all stitutions are fully entitled to receive generally Congress has continuously worked with the about whether or how much funding Congress available government benefits and services, National Court Reporters Association to make appropriates to mitigate the impact of Sandy. such as fire and police protection.’’ increasing this access a reality and to ensure We’ve had that vote. The Supreme Court handed down its first that every American has access to the spoken Rather, it is about those who are being un- modern Establishment Clause decision in word. fairly left out and left behind. It’s about those Everson v. Board of Education, which involved Whether called the scribes of yesterday or who helped feed, comfort, clothe and shelter a program in my own state of New Jersey. In the court reporters and captioners of today, tens of thousands of victims now being told that case the Court held that religious institu- the individuals who preserve our Nation’s his- they are ineligible for a FEMA grant. tions are entitled to receive ‘‘general govern- tory are truly the guardians of our national It is unconscionable that foundational pillars ment services’’ made available on the basis of record. They have a tough profession but con- of our communities damaged by Sandy—syn- neutral criteria. tinue to excel through their dedication and ex- agogues, churches, mosques, temples and The Court held that the Establishment pertise. With that, it is my honor to acknowl- other houses of worship—have been categori- Clause does not bar students attending reli- edge February 17–23 as National Court Re- cally denied access to these otherwise gen- gious schools from receiving generally avail- porting and Captioning Week across the coun- erally-available relief funds. Current FEMA pol- able school busing services provided by the try. icy is patently unfair, unjustified and discrimi- government. In reaching its decision, the Court

∑ 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 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K14FE8.020 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E144 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2013 explained that even if the evenhanded provi- the U.S. Court of Appeals for the Sixth Circuit antly noted that when Sandy hit, the leaders of sion of busing services increased the likeli- unanimously held that the direct assistance to the churches, synagogues and other houses hood that some parents would send their chil- the churches did not violate the Establishment of worship did not first ask if their facilities dren to religious schools, the same could be Clause. would be eligible for federal assistance before said of other ‘‘general state law benefits’’ that Judge Sutton said: ‘‘Detroit sought to fix up providing food and shelter and relief to thou- were even more clearly constitutional because its downtown, not to establish a religion. And sands of displaced persons. they were equally available to all citizens. as will generally be the case when a govern- Nor did these providers of assistance ask As examples, the Court cited ‘‘such general mental program allocates generally available the religious affiliation of the victims. No, they government services as ordinary police and benefits on a neutral basis and without a hid- went to work providing tangible, life-saving aid fire protection, connections for sewage dis- den agenda, this program does not have the to all comers. posal, public highways and sidewalks,’’ con- impermissible effect of advancing religion in In his letter of support for H.R. 592, Harvard cluding that ‘‘cutting off church schools from general or any one faith in particular. By en- professor Alan Dershowitz concludes that ‘‘re- these services . . . would make it far more dorsing all qualifying applicants, the program ligious institutions may receive government aid difficult for the schools to operate. But such is has endorsed none of them, and accordingly if it is in the context of a broadly available pro- obviously not the purpose of the First Amend- it has not run afoul of the federal or state reli- gram with criteria that are neutral toward reli- ment. That Amendment requires the state to gion clauses . . . In the Establishment Clause gion and pose no risks of religious favoritism.’’ be a neutral in its relations with groups of reli- context, that means evenhanded, neutral laws Professor Dershowitz notes further: gious believers and non-believers; it does not generally (though not invariably) will be Once FEMA has the policy in place to aid various nonprofit organizations with their require the state to be their adversary. State upheld. So long as the government benefit is building repairs, houses of worship should power is no more to be used so as to handi- neutral and generally applicable on its face, it not be excluded from receiving this aid on cap religions, than it is to favor them.’’ presumptively will satisfy the Establishment the same terms. This is all the more appro- As Nathan J. Diament, Executive Director of Clause.’’ priate given the neutral role we have wit- Public Policy for the Union of Orthodox Jewish In sum, H.R. 592 exhibits no government nessed houses of worship play, without re- Congregations of America notes in his excel- preference for or against religion, or any par- gard to religion of those affected, in the lent legal analysis which I will include in the ticular religion, since it merely permits houses wake of Sandy and countless previous disas- Record ‘‘federal disaster relief is analogous to of worship to receive the same type of gen- ters. Federal disaster relief aid is a form of social insurance and means of helping bat- aid that qualifies as ’general government serv- erally-available assistance in picking up the tered communities get back on their feet. ices’ approved by the Court in Everson. pieces after stunning devastation that many Churches, synagogues, mosques and other That same Supreme Court also held that other similarly situated nonprofits receive. houses of worship are an essential part of the ‘‘[Government] cannot exclude individual Thus, the bill not only passes the test of con- recovery process. Catholics, Lutherans, Mohammedans, Bap- stitutionality, it passes the test of basic human Religious liberty scholar Professor Douglas tists, Jews, Methodists, Non-believers, Pres- decency. Laycock of the University of Virginia School of byterians, or the members of any other faith, Indeed, to do otherwise would be to single Law wrote a letter endorsing H.R. 592 and because of their faith, or lack of it, from receiv- out churches for adverse treatment, which is said in part: ‘‘Charitable contributions to places ing the benefits of public welfare legislation itself constitutionally suspect. The Supreme of worship are tax deductible, without signifi- . . . [W]e must be careful, in protecting the Court held in Church of Lukumi Babalu Aye v. cant controversy, even though the tax benefits citizens of New Jersey against state-estab- City of Hialeah, that ‘‘[a]t a minimum, the pro- to the donor are like a matching grant from the lished churches, to be sure that we do not in- tections of the Free Exercise Clause pertain if government. These deductions have been advertently prohibit New Jersey from extend- the law at issue discriminates against some or uncontroversial because they are included ing its general state law benefits to all its citi- all religious beliefs.’’ And in Employment Divi- without discrimination in the much broader cat- zens without regard to their religious belief.’’ sion v. Smith, the Court held that under the egory of all not-for-profit organizations devoted In Walz v. Tax Commission, the Court re- Free Exercise Clause, the state may not ‘‘im- to charitable, educational, religious, or sci- jected an Establishment Clause challenge to a pose special disabilities on the basis of reli- entific purposes. The neutral category here is property tax exemption made available not gious views or religious status.’’ Similarly, in equally broad. To include places of worship in only to churches, but to several other classes Rosenberger v. Rector and Visitors of the Uni- disaster relief is neutral; to exclude them of nonprofit institutions, such as ‘‘hospitals, li- versity of Virginia, the Court held that ‘‘the would be affirmatively hostile. There is no con- braries, playgrounds, scientific, professional, government offends the First Amendment stitutional obstacle to including them.’’ historical, and patriotic groups.’’ As the Court when it imposes financial burdens on certain America’s houses of worship are an integral, stated in reference to Everson, if ‘‘buses can speakers based on the content of their expres- irreplaceable part of the contour and fabric of be provided to carry and policemen to protect sion,’’ including religious expression. To con- our communities. Like any other private non- church school pupils, we fail to see how a tinue to single houses of worship out for dis- profit organization, their recovery is essential broader range of police and fire protection crimination does not express government neu- to the recovery of neighborhoods, towns and given equally to all churches, along with non- trality, it expresses government hostility. And states. They should not be excluded from fed- profit hospitals, art galleries, and libraries re- there is no place for government hostility to- eral programs that ensure community recov- ceiving the same tax exemption, is different for ward religion under our constitution. ery, especially since they selflessly provide as- purposes of the Religion Clauses.’’ The constitution clearly allows, and arguably sistance to all in need. The bill before us today simply makes clear requires, that religious organizations be treat- H.R. 592 has been endorsed by several or- and clarifies that federal disaster relief in- ed equally when it comes to Congress’ pro- ganizations including the Union of Orthodox cludes religious entities along with every other viding for the well-being of Americans fol- Jewish Congregations, the United States Con- sort of entity. As the Court later stated in lowing the onslaught of Superstorm Sandy ference of Catholic Bishops, the Council of Widmar v. Vincent, ‘‘[t]he provision of benefits and other natural disasters. Churches of the City of New York and the to so broad a spectrum of groups is an impor- The damage unleashed by Sandy has taken American Jewish Committee. tant index of secular [that is, constitutional] ef- a huge toll on houses of worship. According to I would like to take this moment to submit fect.’’ And as it stated more recently in Texas the N.J. Catholic Conference more than 145 one more additional letter of support for H.R. Monthly, Inc. v. Bullock, ‘‘[i]nsofar as [a] sub- churches suffered significant damage in my 592 from Carl H. Esbeck, Professor of Law, sidy is conferred upon a wide array of non- state alone. Another 125 churches in New University of Missouri, and my full statement sectarian groups as well as religious organiza- York have been damaged and are seeking for the RECORD. tions in pursuit of some legitimate secular end, FEMA help with more to be counted as repairs UNIVERSITY OF MISSOURI the fact that religious groups benefit inciden- and ongoing work are addressed and con- SCHOOL OF LAW, tally does not deprive the subsidy of the sec- tracted out for completion. February 11, 2013. ular purpose and primary effect mandated by Similarly, dozens of synagogues and tem- Re Federal Disaster Assistance Nonprofit the Establishment Clause.’’ ples in both states are now looking to see how Fairness Act of 2013. Significantly, Madam Speaker, when three they repair after spending months of providing HON. CHRIS SMITH, churches in Detroit received taxpayer funded goods and services—with no regard to reli- Rayburn HOB, Washington, DC. HON. GRACE MENG, grants to repair and spruce up their buildings gion—to those who needed it. 1317 Longworth HOB, Washington, DC. prior to the 2006 Superbowl, American Athe- In testimony just last week before the New DEAR REPRESENTATIVES SMITH AND MENG: I ists sued the City of Detroit and lost. In a York City Council, Joseph Rosenberg of the have been asked to give an opinion con- sweeping decision authored by Judge Sutton, Catholic Community Relations Council poign- cerning the constitutionality of the Federal

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.001 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 14, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E145 Disaster Assistance Nonprofit Fairness Act involved the implementation of federal fund- Mr. Speaker, I proudly ask you to join me in of 2013. The bill was introduced in the House ing for K–12 special educational services in commending Nathan Conrad Stahl for his ac- of Representatives on Friday, February 8, schools in the State of New York. The spe- complishments with the Boy Scouts of Amer- 2013. It would amend Sections 102(10)(B) and cial educational services were rendered by 406(a)(3) of the Robert T. Stafford Disaster special education teachers employed by the ica and for his efforts put forth in achieving the Relief and Emergency Assistance Act (42 local public school district. For those special highest distinction of Eagle Scout. U.S.C. 5122(10)(B) and 5172(a)(3)), to clarify education students in religious schools, it f that houses of worship are eligible for dis- was more effective and less costly to have aster relief and emergency assistance on the the teachers travel to the religious school RECOGNIZING TIME WARNER same terms as other nonprofit facilities pro- campus to deliver the services. But this had CABLE viding certain defined essential services to been barred by prior case law. In Agostini, the public. Stated differently, houses of wor- the Court overruled its prior precedent and ship that are otherwise eligible for relief and approved the delivery of services to all spe- HON. TOM REED assistance are not to be discriminated cial needs students on a basis neutral as to OF NEW YORK against because of their religious character. religion. The services were secular, and there IN THE HOUSE OF REPRESENTATIVES FEMA’s current policy is set forth in its was no reason because of the Establishment Thursday, February 14, 2013 memorandum captioned ‘‘Houses of Wor- Clause to discriminate against children en- ship—FEMA Public Assistance Eligibility.’’ rolled in the religious schools. Mr. REED. Mr. Speaker, I rise today to rec- Concerning multiple-use facilities, FEMA de- The Agostini secular-purpose/religion-neu- ognize Time Warner Cable for its Connect a nies relief and assistance to otherwise eligi- tral analysis was carried forward by the Su- Million Minds (CAMM) initiative. This program ble houses of worship unless the primary use preme Court in Mitchell v. Helms, 530 U.S. 793 is designed to inspire the next generation of of the space in a facility is for essential serv- (2000). The case involved a challenge to a ices of a governmental nature. FEMA con- part of the Primary and Secondary Edu- problem solvers by connecting young people verts ‘‘primary use’’ into a simple fifty-per- cation Act of 1965, which provide educational to the wonders of science, technology, engi- cent (50%) rule, but it does not state the materials and services to all K–12 schools neering, and math (STEM) outside of the legal authority for the rule. without regard to religion. The challengers classroom. The matter of interest is compliance with wanted the aid denied to religious schools. This campaign includes original public serv- the Establishment Clause in the First The nature of the educational materials was ice announcements and programming, grants Amendment to the U.S. Constitution. The secular. Accordingly, the Court upheld the to support nonprofit organizations that intro- United States Supreme Court has formulated practice of treating all schools neutrally. a neutrality principle to assess general pro- These religious schools were intensely reli- duce students to STEM, and the creation of grams of aid to the nongovernmental sector. gious, but that was no reason to discrimi- ‘‘The Connectory,’’ a one-of-a-kind resource The principle requires: (i) that the program nate against them. Care should be exercised that allows parents to find kid-centric STEM have a secular purpose, and (ii) that the re- so that no governmental aid is diverted from learning opportunities in their own backyards. cipients of the aid be eligible without regard its intended secular purpose, in particular The CAMM initiative also encourages Time to religion. Under the above-referenced bill, that the aid not be diverted to an explicitly Warner Cable employees to volunteer at Section 102(10)(B) defines an eligible private religious purpose. It is my opinion that the above-referenced science fairs, robotics competitions, and local nonprofit (PNP) as a facility that provides: Connect a Million Minds events. (a) essential services; (b) while not by gov- proposed amendment to the Robert T. Staf- ernment, of that ‘‘nature;’’ and (c) available ford Disaster Relief and Emergency Assist- The STEM fields have become increasingly to the public. The three-part definition is ance Act is consistent with the Establish- important for the development of our country secular in purpose. True, the bill expressly ment Clause of the First Amendment to the as the world continues to modernize at a rapid mentions houses of worship as eligible. But U.S. Constitution. pace. The performance of U.S. students in that makes sense and is secular in purpose, Thank you for your kind consideration of STEM subjects has fallen behind their inter- this letter opinion. because in the past they were sometimes ex- national peers. Today, more and more em- cluded by FEMA. So Congress, in passing Sincerely, CARL H. ESBECK, ployers report having a difficult time finding this amendment, is just bringing matters qualified applicants for STEM jobs. This prob- back from a discriminatory situation to one R.B. Price Professor of of religious neutrality. Law and Isabelle lem will continue to grow as it is estimated A parenthetical in 102(10)(B) gives several Wade & Paul C. that the number of jobs in STEM fields will in- examples of such eligible PNP facilities pro- Lyda Professor of crease 17% by 2018. Given this figure, it is viding essential services. If a private ‘‘mu- Law, University of difficult to understate the importance of STEM seum’’ is an essential service in the ‘‘nature’’ Missouri. education for both our nation’s collective eco- of ‘‘governmental,’’ the eligible recipients f nomic future and the future of our nation’s stu- are not as narrowly limited as might at first dents. appear. ‘‘Community centers’’ are expressly HONORING NATHAN CONRAD named as eligible, and this bill has ‘‘houses STAHL The CAMM program has focused resources of worship’’ as a type of community center. across several Congressional Districts, includ- The findings in Section 2(5) of the bill fur- HON. SAM GRAVES ing the 23rd District of New York. With in- ther help to define how houses of worship OF MISSOURI creased attention and support from community serve as a type of community center. The IN THE HOUSE OF REPRESENTATIVES and industry leaders that will someday hire findings also help to explain how a commu- students in STEM fields, programs like CAMM nity center provides ‘‘essential services,’’ Thursday, February 14, 2013 are critical to building a pool of future qualified namely activities central to community re- Mr. GRAVES of Missouri. Mr. Speaker, I employees. I commend Time Warner Cable building and reconstruction after a natural proudly pause to recognize Nathan Conrad disaster. for its CAMM initiative; and I want my col- Several U.S. Supreme Court cases prepared Stahl. Nathan is a very special young man leagues to understand the importance of such the way for the neutrality principle as we who has exemplified the finest qualities of citi- initiatives and their positive impact on all of presently recognize it. In Bowen v. Kendrick, zenship and leadership by taking an active our communities. 487 U.S. 589 (1988), the Court upheld a con- part in the Boy Scouts of America, Troop 314, f gressional program funding counseling cen- and earning the most prestigious award of ters targeting adolescent sexuality that was Eagle Scout. REINTRODUCTION OF THE LENA available to religious as well as secular pro- Nathan has been very active with his troop, HORNE RECOGNITION ACT viders. In Zobrest v. Catalina Foothills Sch. participating in many scout activities. Over the Dist., 509 U.S. 1 (1993), the Court held that a public school district had to provide the many years Nathan has been involved with HON. ALCEE L. HASTINGS same special education services to a student scouting, he has not only earned 31 merit OF FLORIDA when he switched enrollment from a public badges, but also the respect of his family, IN THE HOUSE OF REPRESENTATIVES to a religious high school. In Witters v. Wash- peers, and community. Most notably, Nathan ington Dep’t of Servs. for the Blind, 474 U.S. has led his troop in various positions including Thursday, February 14, 2013 481 (1986), the Court upheld a state voca- Troop Guide and has earned the rank of War- Mr. HASTINGS of Florida. Mr. Speaker, I tional rehabilitation program, available rior in the Tribe of Mic–O–Say. Nathan has rise today to reintroduce the Lena Horne Rec- without regard to religion, even when it re- also contributed to his community through his ognition Act. This bill would award Lena Horne sulted in aid to a student to attend a semi- nary. Eagle Scout Project. Nathan built a handrail with a Congressional Gold Medal in recogni- The neutrality principle became fully along concrete steps in the parking lot at Hill- tion of her achievements and contributions to grounded with the Court’s decision in crest Transitional Housing in Kansas City, Mis- American culture and the Civil Rights Move- Agostini v. Felton, 521 U.S. 203 (1997). Agostini souri. ment. A symbol of elegance and grace, Lena

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.003 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E146 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2013 Horne created a legacy by not only enter- ligence to fight racial discrimination. I urge my Lessenden. Alan is a very special young man taining Americans for over 60 years, but by colleagues to support the Lena Horne recogni- who has exemplified the finest qualities of citi- breaking many racial barriers as a singer, tion Act, in order to honor her life and legacy zenship and leadership by taking an active dancer, and actress. Ms. Horne passed away with a Congressional Gold Medal. part in the Boy Scouts of America, Troop 351, in New York City on May 9, 2010 at the age f and earning the most prestigious award of of 92. Eagle Scout. Lena Mary Calhoun Horne was born on PERSONAL EXPLANATION Alan has been very active with his troop, June 30, 1917 in Brooklyn, New York. Her participating in many scout activities. Over the path to international stardom began in Har- HON. PETER A. DeFAZIO many years Alan has been involved with lem’s Cotton Club, where she was first hired OF OREGON scouting, he has not only earned numerous as a chorus dancer at the age of 16. From IN THE HOUSE OF REPRESENTATIVES merit badges, but also the respect of his fam- there, her career continued in Charlie Barney’s Thursday, February 14, 2013 ily, peers, and community. Most notably, Alan jazz band, where she became one of the first has contributed to his community through his African-American women to tour with an all Mr. DEFAZIO. Mr. Speaker, unfortunately I Eagle Scout project. white band, to Hollywood and Broadway. was unable to record my vote on H.R. 267, Mr. Speaker, I proudly ask you to join me in In the 1940s, Ms. Horne was discovered by the Hydropower Regulatory Efficiency Act. I commending Alan P. Lessenden for his ac- a Metro Gold Mayer talent scout and moved to was detained by a very important meeting with complishments with the Boy Scouts of Amer- Hollywood to be an actress. She was the first Oregon Governor John Kitzhaber about issues ica and for his efforts put forth in achieving the black artist to sign a long-term contract with a critical to my rural communities and State. highest distinction of Eagle Scout. major studio. Despite her beauty and talent, I am a strong supporter of renewable en- f ergy and agree there’s enormous untapped however, she was limited to minor acting roles HONORING JANICE ATKINSON, because of her race. She was passed over for potential for hydropower. Reducing red tape, process, and cost to approve small, non-con- COUNTY CLERK-RECORDER AS- the role of Julie in the movie Show Boat be- SESSOR REGISTRAR OF VOTERS cause the studio did not want the film to star troversial hydropower projects is a no-brainer. a black actress, and the Motion Picture Code I am pleased the bill passed 422–0 and would did not allow the depiction of interracial rela- have voted ‘‘yea’’ had I been available. I look HON. MIKE THOMPSON OF CALIFORNIA tionships. Nonetheless, she dazzled audiences forward to supporting H.R. 267 in the future if IN THE HOUSE OF REPRESENTATIVES and critics in a number of films, including the bill is amended and comes back to the Cabin in the Sky and Stormy Weather. House from the Senate. Thursday, February 14, 2013 The struggle for equal and fair treatment f Mr. THOMPSON of California. Mr. Speaker, was an inseparable and increasingly political NORTHERN ILLINOIS UNIVER- I rise today, along with my colleague JARED part of Ms. Horne’s life. During WWII, she SITY—REMEMBERING THOSE HUFFMAN, to recognize Janice Atkinson, who toured extensively with the United Service Or- LOST ON FEBRUARY 14, 2008 is retiring as county clerk-recorder assessor ganizations on the West Coast and in the and registrar of voters. South in support of the troops. Ms. Horne was Jancie Atkinson is a third generation outspoken in her criticism of the way black HON. BILL FOSTER Sonoma County native and comes from a long soldiers were treated. She refused to sing for OF ILLINOIS line of public servants. She began her public segregated audiences or to groups where IN THE HOUSE OF REPRESENTATIVES service career in election administration in German prisoners of war were seated in front Thursday, February 14, 2013 1972 with the Registrar of Voters Division of of the African-American servicemen. Mr. FOSTER. Mr. Speaker, it is with a the County Clerk’s Office. She worked her During the period of McCarthyism in the heavy heart that I rise today to ask the House way up through the division, was appointed di- 1950s, Ms. Horne was blacklisted as a com- to observe a moment of silence for the trag- vision chief in 1979 and assumed the position munist for seven years due to her civil rights edy that occurred at Northern Illinois Univer- of assistant department head in 1995. She activism and her friendships with Paul Robe- sity five years ago. On February 14, 2008, we was elected to the position of County Clerk- son and W.E.B. DuBois. Despite facing contin- lost five very bright and energetic young stu- Recorder Assessor of the County of Sonoma ued discrimination, Ms. Horne’s career flour- dents—students who had hoped to one day on June 6, 2006, and assumed office on Janu- ished in television and onstage throughout the become the future of our nation. ary 8, 2007. country. It was during this time that she also Each year since that tragic day, members of Ms. Atkinson’s primary area of expertise is established herself as a major recording artist. the community gather to remember those stu- in the field of election administration. As As- In 1957, she recorded Lena Horne at the Wal- dents and to present the memorial wreathes. sistant Registrar of Voters, she headed the di- dorf Astoria, which reached the Top 10 and Gayle Dubowski, Catalina Garcia, Julianna vision responsible for the conduct of all elec- became the best selling album by a female Gehant, Ryanne Mace, and Daniel Parmenter tions in Sonoma County including city, school singer in RCA Victor’s history. will never be forgotten, for they will always be and special district elections. The division Ms. Horne used her talent and fame to be- in our hearts. Their memories will live on maintains the files of approximately 600 elect- come a powerful voice for civil rights and through their family and friends, as well as ed officials, 249,554 registered voters and the equality. In 1963, she participated in the his- Northern Illinois University. boundaries of all political subdivisions in the toric March on Washington for Jobs and Free- ‘‘Forward, Together Forward,’’ three simple County. dom. She also performed at rallies throughout words that stem from the University’s Fight Under Ms. Atkinson’s leadership, Sonoma the country for the National Council for Negro Song, teach us a lesson that we can all learn County removed barriers to participation in the Women and worked with the National Associa- from. It reminds us that even in the darkest of democratic process by administering a highly tion for the Advancement of Colored People situations, when all seems lost, if we come to- successful vote-by-mail program. In November (NAACP). gether as a community there is nothing that 2006, Sonoma County’s voter turnout of 75.49 Ms. Horne finally received the break she we cannot get through. It gives us the strength percent exceeded the statewide average turn- had been waiting for her in 1981, which was and motivation to move forward. out by almost 20 percent. Sonoma County’s a one woman Broadway show. Lena Horne: Mr. Speaker, I ask my colleagues to join me high voter turnout can be attributed to the high The Lady and Her Music, was the culmination in remembering those lost and to support all number of permanent absentee voters in the of her triumphs and struggles. The show en- who were affected by this tragedy. County (roughly 52 percent of the registered voters) and the efforts of the department to joyed a 14-month run and earned her a Tony f Award and two Grammy Awards. keep the voter files up-to-date. Ms. Atkinson Furthermore, she received two stars on the HONORING ALAN P. LESSENDEN implemented an accessible voting system for Hollywood Walk of Fame for her work in both voters with disabilities, all while maintaining motion pictures and recordings, as well as a HON. SAM GRAVES paper-based voting systems, assuring voter footprint on the International Civil Rights Walk OF MISSOURI confidence in elections. of Fame at the Martin Luther King, Jr. National IN THE HOUSE OF REPRESENTATIVES Ms. Aktinson was an active member in the Historic Site. California Association of Clerks and Election Mr. Speaker, Lena Horne was an extraor- Thursday, February 14, 2013 Official from 1976–2012. She served on the dinary woman who refused to give up her Mr. GRAVES of Missouri. Mr. Speaker, I board of directors from 2002–2012, as Cor- dreams and used her beauty, talent, and intel- proudly pause to recognize Alan P. respondence Secretary from 1988–2011 and

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.005 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 14, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E147 as a member of the County Recorder’s Asso- This weekend, tens of thousands of peo- performed by contract guards—which has cost ciation of California from 2001–2012. She also ple—including 100 buses from over 30 of over $41 million—with an effective tool to was a member of the California Assessors’ states—will be traveling to Washington, DC to implement risk assessment. As an interim Association from 2007–2012 and the Bay Area participate in Sunday’s Forward on Climate step, FPS has since developed the Modified Assessor’s Association 2007–2012, serving as Rally to demonstrate their support for action Infrastructure Survey Too, MIST. its president in 2010. She has been a member on climate change. Since May 2007, the Committee on Home- of the Sonoma County Historical Records My home state of Maryland knows all too land Security has held five oversight hearings Commission since 2000 and is recognized well the devastating effects of extreme weath- of FPS. Additionally, since 2008, GAO has throughout the state for her knowledge of the er events, and the threat that coastal flooding issued seven oversight reports, at my request, California Elections Code and voting proce- and sea level rise present to our coastal com- on the agency that identified a wide range of dures. munities. In that regard, I’m proud that Mary- challenges FPS faces in protecting Federal fa- Ms. Atkinson is a longtime supporter of the land is tackling this issue head on by commit- cilities. Among the areas for reform identified Cloverdale Boys and Girls Club and served as ting to reduce greenhouse gas emissions by in these reports are the need for increased the lead public information officer for Sonoma 25 percent below 2006 levels by 2020. In ad- oversight of the contract guard program; the County during disasters, providing vital infor- dition to restoring a healthy climate, this initia- need for FPS to implement a risk manage- mation to those impacted by floods, mudslides tive will boost economic growth, create jobs ment strategy to improve facility security; en- and fires. and save consumers money. hanced schedule and cost estimating practices Mr. Speaker, Janice Atkinson has a long Mr. Speaker, I welcome the Forward on Cli- to facilitate the transition of management func- and distinguished career in service to Sonoma mate Rally to the nation’s capital, and I stand tions; and a comprehensive approach to County and it is therefore appropriate that we with concerned citizens from across the coun- human capital management. acknowledge her today and wish her well in try who say the time is now to address climate The legislation I am reintroducing today: (1) her retirement. change. seeks to increase security at Federal facilities f f by adding 500 more Federal Law Enforcement Officers; (2) directs FPS to intensify its moni- CONGRATULATING THE INTER- INTRODUCTION OF LEGISLATION toring of contract guards; (3) requires national MOUNTAIN JEWISH NEWS ON ITS TO REFORM THE FEDERAL PRO- minimum standards for the training and certifi- 100TH YEAR TECTIVE SERVICE cation of contract guard staff; (4) requires that security standards for Federal facilities estab- HON. CORY GARDNER HON. BENNIE G. THOMPSON lished by the Interagency Security Committee OF COLORADO OF MISSISSIPPI be implemented; (5) directs FPS to conduct a IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES 1-year pilot program to assess whether a Fed- eral Security Guard that is a Federal em- Thursday, February 14, 2013 Thursday, February 14, 2013 ployee would do a better job protecting the Mr. GARDNER. Mr. Speaker, I rise today to Mr. THOMPSON of Mississippi. Mr. Speak- highest risk Federal facilities than a contract congratulate the Intermountain Jewish News er, today I am introducing legislation to im- guard; (6) requires a law enforcement pres- on its 100th year of continuous publication. prove the level of security provided by the ence at the highest risk Federal facilities; and The Intermountain Jewish News has served Federal Protective Service, FPS. (7) directs the Government Accountability Of- as an important conduit of information for peo- Formed in 1971 as the uniformed protection fice to investigate the adequacy of the fee- ple of the Jewish faith across the Rocky service for the General Service Administration, based funding system utilized by FPS and de- Mountain West. With insightful reporting and a GSA, the Federal Protective Service’s mission termine whether it prevents the agency from keen eye to the stories that matter most to its is to safeguard the Federal buildings that fully executing its security mission. readers, it has provided the Jewish community Americans access every day across the coun- Under my legislation, the FPS’ inspector with relevant news and a constant connection try. FPS is charged with protecting over 9,000 corps would be increased to 1,350, thereby to the community. Federal facilities, including many of our own elevating the Federal law enforcement pres- Freedom of the press and freedom of reli- Congressional district offices. ence inside Federal buildings by offering gion are two of the pillars that have made the Since FPS was transferred to the Depart- ‘‘boots on the ground’’ security expertise. United States the beacon of light across the ment of Homeland Security in 2003, a series I strongly believe that a more robust inspec- world. The Intermountain Jewish News is of government audits have uncovered major tor workforce would, for the first time, provide more than just the product of these freedoms; breaches in the security services FPS pro- FPS with a core of specialized security per- it is the medium through which these free- vides and attributed these lapses, in large sonnel with the training and authority required doms live on today. part, to slipshod oversight by the agency of its to create long-overdue change within the en- I applaud the hard work and dedication of contractor workforce. tire organization. all who have contributed to this publication’s One glaring example of FPS’s lapses in pro- My legislation also calls for dedicated con- success over the past 100 years and I wish viding security occurred in February 2011 tract oversight staff to oversee the perform- them continued success in the future. when contract guards failed to detect explo- ance of contract guards; this would allow FPS f sive material that was left undetected inside inspectors focus on their security and law en- the Patrick V. McNamara Federal building in forcement duties and not be bogged down in IN SUPPORT OF THE FORWARD ON Detroit for 21 days. contract-management concerns. CLIMATE RALLY FEBRUARY 14, Testifying on July 13, 2011 about this inci- Similarly, my legislation would require a law 2013 dent before the Committee on Homeland Se- enforcement presence at the highest risk Fed- curity, the Government Accountability Office, eral facilities, which directly addresses a gap HON. CHRIS VAN HOLLEN GAO, stated that FPS needs to undertake a in the current system, where contract guards, OF MARYLAND stronger role in overseeing contractor perform- who lack arrest authority are charged with pro- IN THE HOUSE OF REPRESENTATIVES ance, to reevaluate its hiring and training prac- tecting high-profile Federal facilities. tices for contract guards, and to implement a I introduced similar legislation in the 111th Thursday, February 14, 2013 comprehensive risk assessment strategy. and 112th Congresses to ensure that the Fed- Mr. VAN HOLLEN. Mr. Speaker, I rise to On July 24, 2012, at a subsequent Com- eral Protective Service fulfills its responsibility join President Obama and concerned citizens mittee on Homeland Security hearing, FPS’s to coordinate infrastructure protection across around the world to say it is high time we lack of a comprehensive risk management the Federal government, and to make certain move forward on addressing climate change. strategy was identified as a major obstacle to that effective management procedures are im- As President Obama said in his State of the FPS’ ability to safeguard Federal facilities and plemented to hold contractors accountable for Union address: ‘‘We can choose to believe effectively serve as the lead agency charged the hiring, training and certification of security that Superstorm Sandy, and the most severe with coordinating infrastructure protection gov- guards who are charged with protecting Fed- drought in decades, and the worst wildfires ernment-wide. eral facilities. some states have ever seen were all just a Both hearings addressed the Federal Pro- It has been 18 years since the Alfred P. freak coincidence. Or we can choose to be- tective Service’s pressing need to replace the Murrah building was attacked in Oklahoma lieve in the overwhelming judgment of failed Risk Assessment and Management Pro- City. We have been fortunate that an attack of science—and act before it’s too late. ‘‘ gram, RAMP, to monitor the hours and duties this magnitude has not occurred against a

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.008 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E148 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2013 Federal building in the intervening years. That women can receive contraceptive coverage on concerts . . . Jazz was our weapon for so- said, we must do more to ensure that Federal and other preventative services without a cial action.’’ buildings are secure and that the Federal Pro- copay. While this is great news to the millions Despite the complaints from certain ‘‘out- tective Service can effectively fulfill its mission. of women using some form of birth control, raged southern senators’’ to the Turkish Am- Enactment of my legislation will bring about barriers to contraceptive access still persist. bassador, the jam sessions at the Embassy long-overdue and necessary reforms and help According to the National Women’s Law Cen- continued for several years, playing to a ra- FPS become the agency that Congress envi- ter, at least 24 states across the country have cially diverse audience and featuring such per- sioned and the American people deserve. reported incidents where pharmacists have re- formers as Johnny Hodges, Harry Carney, and f fused to fill prescriptions for birth control or Barney Bigard from the Duke Ellington Band, provide emergency contraception to individ- Lester Young, Benny Carter, Meade Lux HONORING CONNOR JAMES DERRY uals who do not require a prescription. Fur- Lewis, Leadbelly, members of the Count Basie thermore, six states permit refusals without band, and many others. HON. SAM GRAVES patient protections such as requirements to To commemorate this tradition, the Turkish OF MISSOURI refer or transfer prescriptions and seven states Embassy initiated the Ertegun Jazz Series in IN THE HOUSE OF REPRESENTATIVES allow refusals but prohibit pharmacists from March, 2011, and has hosted ten perform- ances since that time that have featured both Thursday, February 14, 2013 obstructing patient access to medication. Denying contraception to women represents up-and-coming artists and well-established Mr. GRAVES of Missouri. Mr. Speaker, I an erosion of a woman’s constitutional right of performers such as Roy Hargrove and Jona- proudly pause to recognize Connor James access to contraception and a threat to wom- than Batiste. This series will continue in 2013 Derry. Connor is a very special young man en’s basic health care. Access is especially with a concert on February 26th at the Em- who has exemplified the finest qualities of citi- important for women living in rural areas who bassy. As we celebrate Black History Month, zenship and leadership by taking an active may not have multiple pharmacies near them I wish to congratulate Ambassador Tan and part in the Boy Scouts of America, Troop 314, and low-income women who lack the re- the Turkish Embassy for recognizing the im- and earning the most prestigious award of sources to find an alternative pharmacy in the portant role that Ahmet and Nesuhi Ertegun Eagle Scout. appropriate time frame. played in advancing racial integration and Connor has been very active with his troop, The use of birth control is widespread, with bringing jazz music to the world. participating in many scout activities. Over the 99 percent of women having used contracep- f many years Connor has been involved with tives at some point in their life. Now that insur- scouting, he has not only earned 33 merit ance plans are required to cover birth control, HONORING MR. VYRLE DAVIS badges, but also the respect of his family, Congress must act to make sure that women peers, and community. Most notably, Connor receive timely access to both prescription and HON. KATHY CASTOR has led his troop in various positions including over the counter contraception at the phar- OF FLORIDA Patrol Leader, has earned the rank of Warrior macy counter. IN THE HOUSE OF REPRESENTATIVES in the Tribe of Mic-O-Say and is a Brother- f Thursday, February 14, 2013 hood Member in the Order of the Arrow. Con- nor has also contributed to his community TRIBUTE TO TURKISH AMBAS- Ms. CASTOR of Florida. Mr. Speaker, I rise through his Eagle Scout project. Connor led a SADOR NAMIK TAN AND TURK- today to honor the life and accomplishments team of 15 scouts in removing and recon- ISH EMBASSY of Mr. Vyrle Davis. His contributions to edu- structing a swing set at Hillcrest Transitional cation and social reform in the Tampa Bay Housing in Kansas City, Missouri. HON. JOHN CONYERS, JR. community and throughout the state of Florida Mr. Speaker, I proudly ask you to join me in OF MICHIGAN are worthy of recognition by all. commending Connor James Derry for his ac- IN THE HOUSE OF REPRESENTATIVES Mr. Davis, a native of the Tampa Bay com- complishments with the Boy Scouts of Amer- munity, attended Florida Agricultural and Me- Thursday, February 14, 2013 ica and for his efforts put forth in achieving the chanical University, before beginning his highest distinction of Eagle Scout. Mr. CONYERS. Mr. Speaker, in the early teaching career at 16th Street Elementary and f 30’s the Turkish Embassy began a journey to Junior High School in 1960. Inspired by both heal racial integration through jazz in our Na- his grandfather, a teacher who established the INTRODUCTION OF THE ACCESS TO tion’s Capital. Today, I wish to pay tribute to first school for African-American children in BIRTH CONTROL (ABC) ACT the continuing efforts of Turkish Ambassador Jackson County, and his mother, who taught Namik Tan and the Turkish Embassy for African-American students in a one-room HON. CAROLYN B. MALONEY proudly telling this great story of racial integra- schoolhouse within the Citrus Park community, OF NEW YORK tion in Washington, DC’s history. This story in- Mr. Davis broke both racial and social barriers IN THE HOUSE OF REPRESENTATIVES volves an intriguing combination of jazz music, within his profession. a foreign embassy, and race relations in the In 1971, Mr. Davis was named assistant Thursday, February 14, 2013 Nation’s Capital in the 1930s and 1940s. principal at Gibbs High School and two years Mrs. CAROLYN B. MALONEY of New York. In 1934, Mehmet Munir Ertegun was named later he became principal at St. Petersburg Mr. Speaker, today I am proud to introduce Turkish Ambassador to the United States. He High School. In 1986, he overcame countless the Access to Birth Control (ABC) Act with my moved to Washington with his family, including obstacles to become Pinellas County’s first Af- colleagues DEBBIE WASSERMAN SCHULTZ, JOHN his sons Ahmet and Nesuhi, who were then rican-American superintendent, a position he CONYERS, JR, GWEN MOORE, DAVID CICILLINE, 17 and 11 years old, respectively. Ahmet held for nine years. BARBARA LEE, CHELLIE PINGREE, JANICE HAHN, would eventually become the founder of Atlan- Mr. Davis was also an advocate for social SAM FARR, CHARLES RANGEL, JERROLD NAD- tic Records, while Nesuhi would run the Atlan- reform. In 1984, he established the Ebony LER, KEITH ELLISON, DIANA DEGETTE, JAMES tic Records jazz department, producing al- Scholars program, providing institutional and MORAN, RUSH HOLT, and SCOTT PETERS. Spe- bums for such legendary figures as John financial support to high-achieving African- cial thanks go to Senator FRANK LAUTENBERG Coltrane, Ray Charles, Bobby Darin, and Ro- American students. Not only did Mr. Davis for introducing the Senate version of the bill. berta Flack. participate in raising money for his organiza- This legislation ensures women’s timely ac- In those early years after moving to the Dis- tion, he also contributed a significant amount cess to basic, preventative health care and trict of Columbia, the Ertegun brothers be- of his own time and money. To date, the pro- ensures that women of age will not be denied came active in the local jazz scene and even- gram has allocated over $500,000 to students. birth control or emergency contraception by tually invited local performers to the Embassy By 1990, Mr. Davis had left an indelible their pharmacist. The ABC Act also requires for what would later be described by a 1943 mark by reforming the role of African-Ameri- pharmacies to help a woman obtain medica- Newspaper article as ‘‘Washington’s most fa- cans in political office. He founded multiple or- tion by her preferred method if the requested mous private jam sessions.’’ In a 1979 inter- ganizations, such as the African-American product is not in stock and protects women view with the Washington Post, Nesuhi de- Voters Registration and Education Committee, from being intimidated when requesting con- scribed the mindset behind these sessions, that advanced both the political and edu- traception. ‘‘You can’t imagine how segregated Wash- cational causes of African Americans. He Family planning is central to women’s basic ington was at that time. Blacks and whites formed a coalition of other activists, whose health care. Thanks to the Affordable Care Act couldn’t sit together in most places. So we put mission was to help minorities attain elected

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.011 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 14, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E149 positions within their neighborhoods. Specifi- son Bruce, his daughter Julie Morrison, his credited with reorganizing high school senior cally, he played a momentous role in the cam- brother Albert, his sister Carol, and his four ethics days in all local high schools and start- paign of Mary Brown, a woman who became grandchildren. ing ‘‘character conferences’’ in junior high the first elected African-American Pinellas Mr. Speaker, Robert Abramson served his schools. He also helped launch ‘‘Every 15 County School Board member. country with distinction both as a member of Minutes’’ programs in high schools across Although he was diagnosed with Parkin- the armed services and as a civilian. He was Kings County to educate young people about son’s disease in 2004, he never let his illness an active, vital member of his community and the dangers of drunk driving. deter him from doing that which he truly loved. it is therefore appropriate that we celebrate Jerry enthusiastically spread this safety He was admired by the Tampa Bay commu- and honor his life and committed service and message at Lemoore Navy Air Station for over nity, and those who knew him, revered him. extend our deepest condolences to his friends, 18 years. He led more than 550 safety pres- As I join with Mr. Davis’s family and friends family and community. entations for approximately 200,000 Navy per- in mourning the passing of an outstanding in- f sonnel. dividual, I know they are incredibly proud of In addition to his CHP service, Jerry has the contributions he has made to the Tampa HONORING SPENCER HARRISON been heavily involved in numerous community Bay area. The entire Pinellas County commu- GRANGER service commitments including Relay 4 Life, nity honors and remembers the 76 year life of the March of Dimes, and the Central California Vyrle Davis. Mr. Vyrle Davis molded the lives HON. SAM GRAVES ‘‘Battle of the Badges’’ Blood Drive. He has of generations of students through his dedica- OF MISSOURI coached several youth sports teams and tion to education and to the community as a IN THE HOUSE OF REPRESENTATIVES taught at Kings Christian High School, College whole. His example will continue to live of the Sequoias, and West Hills College. Thursday, February 14, 2013 through those that worked with him and those Most recently Jerry assisted the co-founders who learned from him. I ask that you and all Mr. GRAVES of Missouri. Mr. Speaker, I in organizing the ‘‘Buckle Up for Itzy’’ Fest, an Americans recognize such a remarkable cit- proudly pause to recognize Spencer Harrison event to raise seat belt safety awareness. izen for his service to our community and our Granger. Spencer is a very special young man Jerry has mentored many local youths and State. who has exemplified the finest qualities of citi- has dedicated his life to improving the safety f zenship and leadership by taking an active of the people of Central California. He has part in the Boy Scouts of America, Troop 314, HONORING ROBERT ‘‘BOB’’ given his time and effort to numerous non- and earning the most prestigious award of ABRAMSON OS SONOMA COUNTY, profits and charities over the decades. Please Eagle Scout. CALIFORNIA join me in congratulating Mr. Price on his in- Spencer has been very active with his troop, valuable service to the Central Valley, as he HON. MIKE THOMPSON participating in many scout activities. Over the retires from the California Highway Patrol. many years Spencer has been involved with f OF CALIFORNIA scouting, he has not only earned 33 merit IN THE HOUSE OF REPRESENTATIVES badges, but also the respect of his family, HAPPY 108TH BIRTHDAY, MISS Thursday, February 14, 2013 peers, and community. Most notably, Spencer ROSE RUSH Mr. THOMPSON of California. Mr. Speaker, has led his troop in various positions including I rise today along with my colleague Con- Patrol Leader, has earned the rank of Warrior HON. H. MORGAN GRIFFITH gressman JARED HUFFMAN to recognize and in the Tribe of Mic-O-Say and is a Brother- OF VIRGINIA honor the life and tremendous social contribu- hood Member in the Order of the Arrow. IN THE HOUSE OF REPRESENTATIVES Spencer has also contributed to his commu- tions of my late friend, Mr. Robert ‘‘Bob’’ Thursday, February 14, 2013 Abramson of Sonoma County, California. nity through his Eagle Scout project. Spencer Mr. Abramson was an exemplary and up- constructed nine disc golf tee boxes for a pub- Mr. GRIFFITH of Virginia. Mr. Speaker, I standing member of his community and a lic disc golf course at Fox Hill Elementary submit these remarks in honor of Miss Rose longtime resident of the Northern California re- School in Kansas City, Missouri. Rush of Clintwood, Virginia, who celebrated gion. After his extraordinary, storied career as Mr. Speaker, I proudly ask you to join me in her 108th birthday on Thursday, February 7. a B–29 bomber pilot during WWII, flying as commending Spencer Harrison Granger for his Miss Rush was born in 1905 in the house many as 30 missions over the Pacific, he accomplishments with the Boy Scouts of her father built in Dickenson County, the very would be decommissioned from the military in America and for his efforts put forth in achiev- home she lives in today. She was valedic- 1945. ing the highest distinction of Eagle Scout. torian of her graduating class at Honaker High He would go on to graduate from University f School, and attended the University of Vir- of California, Berkeley with a Masters in Phi- ginia, Emory and Henry College, my alma losophy and Social Welfare. He then worked HONORING JERRY PRICE mater, and she also attended Vanderbilt Uni- as a parole officer in Oakland before taking a versity so she could receive her teaching li- job at the University of Southern California HON. DAVID G. VALADAO cense. through which he was stationed in Pakistan for OF CALIFORNIA Miss Rush taught various subjects in dif- a program funded by the U.S. Agency for IN THE HOUSE OF REPRESENTATIVES ferent school systems in Virginia until her re- tirement. She didn’t rest for long, though—the International Development. This led to larger Thursday, February 14, 2013 diplomatic posts with the United Nations and year after she ‘‘retired,’’ Miss Rush returned to the World Bank. Mr. VALADAO. Mr. Speaker, I rise today to the classroom as a substitute teacher. Mr. Abramson cared deeply for his commu- honor Officer Jerry Price, an important figure To this day, Miss Rush remains up to speed nity and the people in it. He was an open in Central Valley law enforcement, on the oc- on current events and politics. I have been book and loved talking to new people, always casion of his retirement. told Miss Rush is a huge fan of our political looking to learn new things and always going Jerry graduated from the California Highway system, and that she particularly enjoys voting into every conversation with an open mind. He Patrol Academy in 1983 and was assigned to on the new voting machines. was especially active with the World War II Pi- service in his hometown of Santa Ana. In She has never been seriously ill or hospital- lots Association, the Prostate Cancer Support 1986, he was transferred to Bakersfield where ized, nor has she been married or had chil- Group and the Democratic Clubs of Petaluma he patrolled the eastern part of the city and dren. Some in Clintwood even say that’s the and Santa Rosa. He was liked by all who began aggressively seeking DUI drivers. secret to her longevity! knew him in the community. In 1988 Jerry transferred to Hanford, where Miss Rush has been approached from time Mr. Abramson never lost his love for inter- he served for 24 years. Jerry was appointed to time for interviews or photos since she national public service. Despite retirement and the PAO/Court liaison in 1997 and held this turned 100. The Coalfield Progress notes that an extremely active role in his local commu- position until December of 2012. she has refused them all, ‘‘stating with a nity, he accepted special consulting contracts Jerry was a member of the county’s first sense of humbleness that she has done noth- in Maldives and Sri Lanka. He consistently gang task force established in 1998, where he ing to receive recognition.’’ represented the American people with grace served as an Intelligence Agent. Well, here’s to Miss Rose Rush, and to her and civility. Jerry has a passion for education and was family, friends, and students in Virginia whose His family however, always came first. Mr. instrumental in the establishment of many lives she changed. Happy 108th birthday, Miss Abramson is survived by his wife Barbara, his educational programs for local students. He is Rush.

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.014 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E150 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2013 CONGRATULATING PRESIDENT- brave men and women of our country ‘‘who Abuse (NIDA). The mission of this Institute is ELECT PARK GEUN-HYE ON HER answered the call to defend a country they to ‘‘lead the Nation in bringing the power of INAUGURATION AS THE FIRST never knew and a people they never met.’’ science to bear on drug abuse and addiction,’’ WOMAN PRESIDENT OF THE RE- The election of Park Geun-hye symbolizes the and many researchers have found it difficult to PUBLIC OF KOREA achievement of those democratic values for obtain marijuana for research into the potential which these veterans fought and died. therapeutic or medicinal effects of marijuana. HON. ENI F.H. FALEOMAVAEGA I am also certain that America’s almost two The States’ Medical Marijuana Patient Pro- OF AMERICAN SAMOA million strong Korean-American community tection Act would provide for the rescheduling IN THE HOUSE OF REPRESENTATIVES who have contributed so much to their adopt- of marijuana under the Controlled Substance Thursday, February 14, 2013 ed country are justifiably proud of the demo- Act to a listing other than Schedule I or II, cratic and economic miracle of their ancestral which would mean the federal government Mr. FALEOMAVAEGA. Mr. Speaker, Presi- homeland. The alliance between their old and recognizes an accepted medical use. It would dent-elect Park Geun-hye will be inaugurated new countries, strengthened by the recent also ensure that neither the Controlled Sub- as the eleventh President of the Republic of adoption of the U.S.-Korea Free Trade Agree- stances Act nor the Federal Food, Drug and Korea on Monday, February 25, 2013. Madam ment, will only be further invigorated under Cosmetic Act would restrict individuals, doc- Park will then become the first freely elected Madam Park’s presidency. tors or businesses from consuming, recom- woman leader among the nations of Northeast For historical purposes, I submit this state- mending, producing, distributing or otherwise Asia and the first woman President of the Re- ment to be made part of the CONGRESSIONAL operating in marijuana in compliance with public of Korea RECORD in tribute to the service, often at great state or local laws. Finally, it would require Madam Park has shattered the glass ceiling personal sacrifice, that President-elect Park that access to marijuana for research into its for Korean women by attaining the highest Geun-hye has rendered for and on behalf of potential medicinal and therapeutic uses be elected office in the land, achieving this re- the people of the Republic of Korea. I join my markable feat before the United States has overseen by an entity in the government not colleagues in looking forward to welcoming elected a woman to lead our Nation. focused on researching the addictive prop- In the traditional Land of the Morning Calm Madam Park when she makes her first official erties of substances. where the slogan ‘‘men first, women behind’’ visit to Washington, DC later this year. Nineteen jurisdictions have passed laws rec- was the watchword only a generation ago, f ognizing the importance of providing access to medical marijuana for the hundreds of thou- Park Geun-hye’s election is historic. President- INTRODUCTION OF THE STATES’ elect Park will serve as a role model for sands of patients who rely on it. It is time for MEDICAL MARIJUANA PATIENT the federal government to respect these deci- women—young and old—not only in Asia but PROTECTION ACT around the world as they seek to achieve their sions, and stop inhibiting safe access. full potential unfettered by the gender limita- HON. EARL BLUMENAUER f tions of the past. HONORING JACE C. PINE Madam Park also raises the possibility of a OF OREGON new beginning in the complex and often hos- IN THE HOUSE OF REPRESENTATIVES tile relationship that has evolved between the Thursday, February 14, 2013 HON. SAM GRAVES two Koreas since the tragic division of the Ko- OF MISSOURI Mr. BLUMENAUER. Mr. Speaker, today, rean peninsula at the end of the Second IN THE HOUSE OF REPRESENTATIVES along with a bipartisan group of cosponsors, I World War. A daughter of a mother slain by a am introducing the States’ Medical Marijuana Thursday, February 14, 2013 North Korean agent in 1974, Madam Park Patient Protection Act, legislation that will chose to put this painful family tragedy aside Mr. GRAVES of Missouri. Mr. Speaker, I and travel to North Korea in 2002 and meet allow medical marijuana patients and busi- proudly pause to recognize Jace C. Pine. Jace the very man, Kim Jong-il, who was likely re- nesses—who are complying with state law— is a very special young man who has exempli- sponsible for the murder of her mother. She the ability to access and distribute marijuana fied the finest qualities of citizenship and lead- did this for the good of her country, for those free from federal interference. ership by taking an active part in the Boy numerous divided Korean families who have Eighteen states and the District of Columbia Scouts of America, Troop 351, and earning not seen nor heard from their loved ones in have passed laws allowing for the use of med- the most prestigious award of Eagle Scout. sixty years, and for a people with a common ical marijuana for people suffering from condi- Jace has been very active with his troop, culture and heritage suddenly torn asunder by tions such as cancer and severe nausea. As participating in many scout activities. Over the Cold War politics. a result there are now hundreds of thousands many years Jace has been involved with The Korean people have an old saying that of medical marijuana patients nationwide. De- scouting, he has not only earned numerous ‘‘when whales fight, shrimp get broken’’ recog- spite these laws, at the federal level marijuana merit badges, but also the respect of his fam- nizing the victimization of a small but proud is currently listed as a Schedule I substance ily, peers, and community. Most notably, Jace nation surrounded by colossal and often hos- under the Controlled Substances Act, meaning has contributed to his community through his tile neighbors. The healing process after sixty that it is considered a substance with a ‘‘high Eagle Scout project. years of this externally imposed division sym- potential for abuse,’’ with ‘‘no currently accept- Mr. Speaker, I proudly ask you to join me in bolized by the stark frontier of the DMZ will ed medical use in treatment in the United commending Jace C. Pine for his accomplish- not be easy. But, as was once said in ref- States.’’ This means that the 19 jurisdictions ments with the Boy Scouts of America and for erence to the unfreezing of Sino-American re- that permit medical marijuana are operating in his efforts put forth in achieving the highest lations, that ‘‘only Nixon could go to China,’’ a patchwork of inconsistent local and federal distinction of Eagle Scout. so it may one day be said that ‘‘only Park laws. f Geun-hye, the daughter of an anti-communist These inconsistencies create significant general and a martyred mother, could rec- challenges for both patients and the busi- HONORING WILLIAM ASHFORD oncile the two Koreas.’’ nesses working to provide access to medical This coming summer, on July 27th, we will marijuana. Because of federal tax and banking HON. ROBERT B. ADERHOLT commemorate the sixtieth anniversary of the laws, marijuana businesses—despite oper- OF ALABAMA signing of an Armistice which silenced the ating in compliance with state or local law— IN THE HOUSE OF REPRESENTATIVES guns but brought no permanent peace on the are not allowed to deduct their legitimate busi- Thursday, February 14, 2013 Korean peninsula. Our aging Korean War era ness expenses and are often unable to make veterans, who include four Members of the deposits or maintain bank accounts. Simulta- Mr. ADERHOLT. Mr. Speaker, it is my privi- U.S. House of Representatives including the neously, the federal government has contin- lege to honor Mr. William Ashford, who is in- Honorable CHARLES RANGEL, the Honorable ued to enforce federal law, and many medical terning in my office with the Uni-Capitol Wash- JOHN CONYERS JR., the Honorable HOWARD marijuana facilities across the country have ington Program. The Uni-Capitol Washington COBLE, and the Honorable SAM JOHNSON, been raided by the Drug Enforcement Admin- Program (UCWIP) has paired some of the often speak of our steadfast friendship with istration or otherwise targeted by the Depart- brightest Australian students with various con- the people of South Korea as being one which ment of Justice. gressional offices for more than a decade and was forged in the crucible of war. The federal government maintains a monop- I am happy to be a host again this year. The Korean War Memorial, located not far oly on access to marijuana for research, cur- Will comes from the University of from this House, serves to remind us all of the rently run by the National Institute on Drug Wollongong and is studying engineering and

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.018 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 14, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E151 commerce. Over the past month, I have found For decades this action has been the sub- Perhaps his greatest legacy is what any stu- him to be outstanding in his duties and going ject of much discussion and comment, and it dent of his accomplishments can see for above and beyond our expectations. He has is commonly cited as a model for similarly themselves: that the United States has no attended committee hearings, drafted con- bold action today. choice to be a leader in the world if we are to stituent correspondence, and assisted me as But there is danger in easy comparisons. It secure the safety and interests of the Amer- well as my staff with research. His Australian is of key importance to stress that he did not ican people, that passivity and a surrender to accent has garnered the attention of many of suffer from an illusion that Mao’s dictatorship events can bring only disaster, that refusing to my constituents on tours and over the phone. was reforming itself or that our mutual hostility recognize that the world is often a dangerous Will’s commitment, hard work, and presence was primarily the fault of the United States. Or and unforgiving place is to live in illusion, that have been an asset to the office and he will that a handshake could somehow transform foolishly acting as though our resources were be sorely missed by all. conflicting goals into a broad partnership. unlimited with no need to prioritize our goals The program has been in force for 13 years Instead, it was based on a clear-eyed un- is a certain road to defeat. thanks to the vision of Eric Federing, its direc- derstanding of how the world actually works So it gives me pride to recognize President tor and founder. The students who are se- and that a rigid adherence to ideology can Richard Nixon during the centennial of his lected come from a variety of academic dis- blind one to inconvenient facts and potential birth. We owe him our respect for what he ac- ciplines, but all have a common interest: pro- options. Only someone deeply confident in his complished on behalf of the security of the moting the U.S.-Australia relationship. These beliefs could have done so. But he did not United States in a turbulent world. take unnecessary risks, he did not leap into student placements are enhanced by the for- f mation of genuine friendships and the ex- the dark, hoping for the best. Instead, he took change of views and ideas between the Aus- deliberate steps on a well-thought-out path to HONORING JOHN BRENKLE tralian interns and their respective offices. We specific goals. are grateful for these friendships and it is our Even then, his eyes were not focused on HON. MIKE THOMPSON China, but on a much larger purpose, namely hope that they strengthen the diplomatic ties OF CALIFORNIA reordering the international system to give the of our great countries. IN THE HOUSE OF REPRESENTATIVES I would like to thank Eric Federing for the U.S. new options that it otherwise would not opportunity to host Will over the past several have had, including an ability to exploit divi- Thursday, February 14, 2013 weeks. To date, over 130 interns have come sions among opponents that rendered each Mr. THOMPSON of California. Mr. Speaker, through his program representing 8 different eager for improved relations with the U.S. I rise today to recognize Monsignor John universities over the program’s lifetime. It en- What a contrast to today’s world, where the Brenkle on the occasion of receiving the Jef- hances opportunities for the individuals who U.S. often goes hat in hand to professed en- ferson Award for his work in the Napa Valley come and enlighten those who they come to. emies in the illusion that they can be bribed to community. After the internship, many receive jobs on abandon their fundamental goals, that unilat- The Jefferson Award is a national award Capitol Hill in Washington, D.C. or go to work eral concessions will generate good will, or given to those serving the community at a na- that they can somehow be convinced to be- with Federal or various State Parliaments in tional and local level, which Monsignor come good international citizens through pleas Australia. Other interns have gone on to work Brenkle has done for the past three decades. or lectures. in the Australian Embassy or The World Bank. Nixon knew that peaceful outreach and ne- He is known throughout the Napa Valley as a Simply put, this program selects incredibly tal- gotiations were possible only when the other mercenary who goes above and beyond to en- ented individuals that are a pleasure to host side had no doubts of your toughness. Some- sure the well-being of those in the community. and work with. It was an honor to have Will in times a smile is helpful, but often a stick is Monsignor Brenkle attended St. Patrick’s our office and I wish him the very best in the more convincing. No one ever doubted that Seminary in Menlo Park, California, and was future. Will, thank you again for your hard Richard Nixon understood the difference. ordained on June 14, 1958 through the Arch- work and dedication. His no-nonsense view of the world can be diocese of San Francisco. He received his f seen in the aftermath of the murder of Israeli Doctorate in Canon Law from The Catholic Olympians in Munich by PLO terrorists on University of America in 1962. He served as HONORING THE CENTENNIAL OF Chancellor of the Diocese in Santa Rosa until PRESIDENT NIXON’S BIRTH September 27th, 1972 when he warned that if we want safety, we must not seek ‘‘accom- 1971, followed by two years of teaching in modations with savagery, but rather act to Zambia. HON. EDWARD R. ROYCE eliminate it.’’ Monsignor Brenkle has worked tirelessly to OF CALIFORNIA That was written twenty-nine years before help low-income families and farm workers. IN THE HOUSE OF REPRESENTATIVES the devastating 9/11 terror attacks, but it re- He played a pivotal role in creating housing for Thursday, February 14, 2013 mains a crucial guide to action today. migrant farm workers, and assisted in the de- Mr. ROYCE. Mr. Speaker, I rise to recog- As Chairman of the House Foreign Affairs cision to build low income housing sites in the nize the legacy of President Richard Nixon in Committee, I deal on a daily basis with the valley. He serves on numerous local boards, this centennial year of his birth. many problems the U.S. faces around the including Catholic Charities, the Board of Di- President Nixon took the oath of office at a world. Some would be familiar to President rectors of Justin-Siena High School, Catholic time of domestic upheaval and far-reaching Nixon; many are quite different. But the deep Community Foundation, California Human De- social, economic, and political change. I doubt understanding, the commitment to basic prin- velopment Corporation, and the St. Helena there was ever a day when he did not wake ciples, the pragmatic flexibility that character- Mayor’s Multi-cultural Committee. to an agenda of pressing challenges and dif- ized his approach are as essential today as It is because of all his hard work that he ficult decisions. they were then. was recognized to receive this outstanding But his true legacy lies in foreign policy. I met him once when he spoke before the award. Mr. Speaker and colleagues, it is my Few Presidents have entered the White House Republican Conference in March, distinct pleasure to congratulate Monsignor House with a deeper understanding of inter- 1993, shortly after I first entered Congress. John Brenkle on this joyous occasion. national affairs, and we are very fortunate that The subject was Russia in the aftermath of the f he did. For when he first walked into the Oval collapse of the Soviet empire, but even after Office, he inherited a world in which the U.S. many years out of office, and only a year be- COME AND TAKE IT was faced with enormous difficulties and prob- fore his death, his understanding of the range lems that seemed to have no solution, from of issues and problems facing that country HON. TED POE our grinding engagement in Vietnam to an in- and ours impressed everyone in the room. He OF TEXAS creasingly emboldened Soviet Union. was masterful to the end. IN THE HOUSE OF REPRESENTATIVES He understood from the first that the old Afterward, the President mentioned his old Thursday, February 14, 2013 ways of doing things simply would not work in House seat to me, and he asked me to join a new and dangerous world and repeatedly him for a meeting with members of the Sen- Mr. POE of Texas. Mr. Speaker, it was fall astonished his admirers and opponents alike ate, organized by Senator Patrick Moynihan. of 1835. Mexican President Santa Anna had with a surprisingly flexible and sophisticated, There he spoke of the future challenges and dissolved the Constitution and made himself albeit tough-minded, approach. opportunities with respect to China, Eurasia, dictator. Tensions began to flare between his That was most famously demonstrated by Africa, and Latin America. As usual, he spoke oppressive government and the liberty minded his stunning reaching out to China. without using notes. desires of Texians and Tejanos. To suppress

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.020 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E152 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2013 the rumblings of unrest and revolution the individuals’ right to bear arms. They knew walking trail and adding new approaches to Mexican military leaders began their quest to from their experiences in the American War of the bridge. quietly disarm the Texians. One of the first ac- Independence that an armed citizenry and a Mr. Speaker, I proudly ask you to join me in tions was to retrieve a cannon lent to the citizen militia were not only needed for per- commending Jackson Anthony Carrizzo for his Texian colonists at Gonzales. The famous sonal defense, but were also the best safe- accomplishments with the Boy Scouts of bronze cannon was loaned to the Gonzales guard against the tyranny of government. America and for his efforts put forth in achiev- colonists by the Mexican government in 1831 But here we go again. Today some in gov- ing the highest distinction of Eagle Scout. to defend themselves from hostile Apaches ernment once again fear the freedom of its f and Comanches. Mexican Corporal Casimiro citizens and are now calls to round up all the CONGRATULATING MICHAEL De Leo´n and a few soldiers were sent to re- guns. Ironically, each day in the U.S. Capitol HIGGINS ON HIS RETIREMENT claim the cannon. That task was easier said there are guards with guns by the doors—to than done. the north, to the south, to the east, to the The feisty Texians said they were keeping west—on the roof, on all of the entrances, and HON. ADAM SMITH the gun and took the soldiers prisoner. The la- by the steps. Many elitist politicians and life- OF WASHINGTON dies of settlement even made a flag bearing long bureaucrats expect protections for them- IN THE HOUSE OF REPRESENTATIVES the words ‘‘Come and Take It!’’ to be flown selves while advocating for more restrictions Thursday, February 14, 2013 over the cannon. The cannon had been buried on guns for the people of America—hypocrisy Mr. SMITH of Washington. Mr. Speaker, I in a peach orchard near the Colorado River at its highest. Most citizens don’t have govern- rise to honor Michael Higgins, a professional for safety, but was retrieved shortly after and ment guards protecting them 24/7. Many peo- staff member for the House Armed Services readied for battle and mounted on cart wheels. ple feel defenseless. In fact, one of the pro- Committee, on his retirement after over 40 The Mexican government responded by send- posals for more gun laws mirrors the stringent years of public service. ing Lieutenant Francisco de Castaneda of the DC. gun laws. If the DC gun laws worked, DC Mike’s dedication to the personnel and fami- Mexican Army and 150 troops to put an end would not be such a violent city. If DC gun lies of the U.S. Armed Services began in to the dispute. They were met by a militia of laws worked, why are there so many armed 1970, when he joined the U.S. Air Force as a frontier Texians and Indian fighters who simply guards at the Capitol? career personnel officer. His assignments in said, ‘‘There it is—come and take it.’’ After a The elites want more government power the Air Force included the Military Personnel few shots were fired by both sides the Mexi- and control while taking away liberty from the Center, the Office of the Secretary of the Air can army left the engagement. The Battle of rest of us. They want to punish the guns, not Force, and a variety of unit personnel posi- Gonzales went on to be known as the ‘‘Lex- the people who commit crimes with guns. tions. After retiring as a lieutenant colonel in ington of Texas’’. It was Act I of the Texas They want to keep their special government 1990, Mike joined the staff of the Committee War of Independence. It was similar to Lex- protection while redlining the Second Amend- on Armed Services, Subcommittee on Military ington because sixty years earlier the British ment for the people. They say, ‘‘Protection for Personnel, where he served for most of his 23 had tried to seize the weapons of the colonists me but not for thee’’. Not much has changed years on Capitol Hill. His work has affected at Lexington and Concord. The Texas War, since the days of the Santa Anna. Oppressive the lives of millions of active, reservist, retired, like the American War of Independence, governments will always seek to limit the free- and civilian Department of Defense men and began because oppressive government tried dom of their citizens. Mexico eventually lost women and their families. His expertise on all and failed to disarm the people. The citizens Texas and Great Britain eventually lost Amer- policy and fiscal matters related to the of Texas would not surrender their arms to ap- ica. Both wars started because those in sustainment of the morale, welfare, and recre- pease the overbearing Mexican regime. His- charge wanted to take guns away from the ation programs of the military services, includ- tory has an odd way of repeating itself. citizens. Those who seek to take guns away ing the commissary system and military ex- Flash forward 200 years. One night I was at from Texans should open a history book. changes, helped ensure a high quality of life a town hall meeting in Spring when a local Those early Texans defied Santa Anna, hoist- for all who have served in the military. preacher came up to me to share his con- ed the flag ‘‘Come and Take It’’, and the rest Mike’s tireless efforts to protect and en- cerns about where our country was headed. It they say is Texas history. hance the quality of life for service members is always refreshing for me to hear from nor- And that’s just the way it is. resulted in many notable achievements. His mal people in Southeast Texas after spending f early advocacy and shaping of statutes that all week long in the land of the bureaucrats. required the military services to consider and I will always remember this particular neighbor HONORING JACKSON ANTHONY address individual service members’ deploy- because of his strong opinions and his shirt. It CARRIZZO ment time helped lead the Services to recog- had a photograph of the Bible and two .45 nize that frequent back-to-back deployments, Colt revolvers with the words ‘‘I love my Bible’’ HON. SAM GRAVES combined with extensive training even when and ‘‘I love my guns’’. Naturally, they were in OF MISSOURI not deployed, were a detriment to readiness. the right order. God then guns. Leave it to a IN THE HOUSE OF REPRESENTATIVES His recognition of the special challenges and Texas preacher to keep it all in perspective. needs of service members also led to the Thursday, February 14, 2013 You wouldn’t see that shirt up in Washington, drafting of the critical skills retention bonus— DC. Some elites outside of our Great State Mr. GRAVES of Missouri. Mr. Speaker, I a very flexible tool that allowed military leaders fear ‘‘us southerners’’ and our colt 45s, and proudly pause to recognize Jackson Anthony to target bonuses and bonus amounts at re- ridicule those who cling to their guns and reli- Carrizzo. Jax is a very special young man who taining people with crucial military skills, such gion. In Texas we have a rich tradition of has exemplified the finest qualities of citizen- as senior special operations non-commis- proudly celebrating the right to bear arms. The ship and leadership by taking an active part in sioned officers and intelligence analysts. elites seem to forget that not only do we cling the Boy Scouts of America, Troop 314, and Mike also helped transform the environment to guns and religion, we cling to the Constitu- earning the most prestigious award of Eagle supporting our service members. His oversight tion that protects these rights. Many Texans Scout. of the initial implementation of the Military believe the call for gun control is really a call Jax has been very active with his troop, par- Child Care Act of 1989 resulted in the world- for more government control. ticipating in many scout activities. Over the class military child care system that exists Texans aren’t the only ones who have his- many years Jax has been involved with scout- today. He helped make subsistence and hous- torically defended this right. During the birth of ing, he has not only earned 33 merit badges, ing payments more consistent with the real- our nation, the Founding Fathers were very but also the respect of his family, peers, and world conditions faced by service members concerned—almost paranoid—that a strong community. Most notably, Jax has led his and their families, and eased compensation Federal Government would trample on the troop in various positions including Patrol penalties for military widows and disabled re- rights of the people. Their concerns were war- Leader, has earned the rank of Foxman in the tirees. More importantly, Mike established him- ranted because that is exactly what happened Tribe of Mic-O-Say and is a Brotherhood self as an honest broker and listener to all to the colonists, and that’s what governments Member in the Order of the Arrow. Jax has parties, including advocacy groups, particularly historically do—trample on individual liberty. also contributed to his community through his in managing the committee’s response to the So after the ratification of the Constitution, the Eagle Scout project. Jax redesigned, cleared ‘‘Don’t Ask, Don’t Tell’’ policy from its inception Framers purposely included a list of inalien- and constructed a 70 foot stretch of walking until its repeal in 2011. able rights that are endowed by our Creator, trail in the Parkville Nature Sanctuary in Park- Mr. Speaker, it is with great pleasure that I not from government. One of them being the ville, Missouri, connecting a new bridge to the recognize Michael Higgins. Mike personifies

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OF NEW JERSEY those who serve through his annual ‘‘Scholar- Dr. Stulen joined Sandia National Labora- IN THE HOUSE OF REPRESENTATIVES ship for Heroes’’ tour. This concert raises tories in 1976, and during his tenure at Sandia awareness and funds for Lipscomb Univer- Dr. Stulen has played a critical role in the evo- Thursday, February 14, 2013 sity’s Yellow Ribbon Enhancement Program, lution of the research landscape in the Bay Mr. SMITH of New Jersey. Mr. Speaker, the through which the university offers a tuition- Area. In the early 1990s, Dr. Stulen helped ini- House passage of H.R. 592 by the large mar- free college education to post-9/11 veterans. tiate one of Sandia’s first cooperative-re- gin of 354–72 is a substantial statement of His support has helped the school grow its search-and-development agreements support for the houses of worship that have veteran student attendance from 10 to 182 in (CRADAs) under the Department of Energy’s done so much for those suffering in the wake just over three years. Technology Transfer Initiative. This CRADA of natural disasters like Superstorm Sandy. It Today, I join the citizens of my district in led to the formation of the Extreme Ultraviolet is also a strong affirmation of the constitu- honoring Charlie Daniels for his tireless com- Lithography (EUVL) Program and an industry- tionality of the bill. mitment to honoring those who serve and funded $300 million, three-lab CRADA with f working to ensure that though freedom isn’t Lawrence Livermore and Lawrence Berkeley free, an education for our veterans should be. national laboratories. This consortium agree- RECOGNIZING WEGMANS FOOD ment between the three Bay Area national lab- f MARKETS, INC. oratories helped spur further innovation and HONORING TYLER KURT WHEELER growth in these research fields within our re- HON. TOM REED gion. Before serving in his current role, Dr. Stulen OF NEW YORK HON. SAM GRAVES served as Sandia National Laboratories’ chief IN THE HOUSE OF REPRESENTATIVES OF MISSOURI technology officer, as well as chief scientist for IN THE HOUSE OF REPRESENTATIVES Thursday, February 14, 2013 Sandia’s Nuclear Weapons Program. Dr. Mr. REED. Mr. Speaker, I rise today to rec- Thursday, February 14, 2013 Stulen’s extensive contributions to science ognize the accomplishments and long-stand- Mr. GRAVES of Missouri. Mr. Speaker, I were honored with Lockheed Martin’s pres- ing success of Wegmans Food Markets, Inc. proudly pause to recognize Tyler Kurt Wheel- tigious NOVA award for Technical Excellence Recently, Wegmans was named 5th in For- er. Tyler is a very special young man who has in 1999. tune Magazine’s ‘‘100 Best Companies to exemplified the finest qualities of citizenship Mr. Speaker, Dr. Stulen has provided out- Work For’’ in 2012. and leadership by taking an active part in the standing leadership in a variety of research Since opening their first store in 1916 in Boy Scouts of America, Troop 314, and earn- fields that are incredibly important to our na- Rochester, New York, Wegmans has experi- ing the most prestigious award of Eagle Scout. tional security. I am honored to recognize his enced sustained growth for nearly a century, Tyler has been very active with his troop, decades of leadership in service to Sandia with a total of 81 store locations and a work- participating in many scout activities. Over the National Laboratories, the research landscape force of over 43,000 Americans. Even during many years Tyler has been involved with of the San Francisco Bay Area, and to the na- trying economic times, Wegmans continued to scouting, he has not only earned 32 merit tion at-large. I wish him the best of luck as he grow and has plans to open additional stores, badges, but also the respect of his family, begins this new chapter of his life. which will add more than 1,500 new jobs to peers, and community. Most notably, Tyler f the economy in the near future. has led his troop in various positions including RECOGNIZING THE BUSINESS AL- Wegmans exemplifies the American dream Senior Patrol Leader and is a Brotherhood LIANCE FOR COMMUNITY of entrepreneurship, and the core reason for Member of the Order of the Arrow. Tyler has HEALTH (BACH) the sustained success of this company is their also contributed to his community through his workforce. By providing employees with a Eagle Scout Project. Tyler designed and led HON. JOE COURTNEY positive work environment with opportunities to the construction of a walking bridge over a OF CONNECTICUT learn and contribute to the organization, creek in the Parkville Nature Sanctuary in IN THE HOUSE OF REPRESENTATIVES Wegmans is able to share in the success and Parkville, Missouri. growth of their employees. Mr. Speaker, I proudly ask you to join me in Thursday, February 14, 2013 This recognition from Fortune Magazine is commending Tyler Kurt Wheeler for his ac- Mr. COURTNEY. Mr. Speaker, I rise to rec- just one of many accolades received by complishments with the Boy Scouts of Amer- ognize the Business Alliance for Community Wegmans throughout their long history and I ica and for his efforts put forth in achieving the Health (BACH), a membership organization of trust there are many more to come. I hope highest distinction of Eagle Scout. the Eastern Connecticut Health Network new business owners and entrepreneurs will f (ECHN) which is located in my district. look to the business practices of Wegmans as Through its initiatives and extensive corporate an example. Additionally, I would like to thank IN RECOGNITION OF DR. RICHARD partnerships, BACH supports health programs Wegmans for not only their services to con- H. STULEN in eastern Connecticut that benefit individuals sumers, but also for their contributions to the and families and businesses as well as lower economy and communities in my district. HON. ERIC SWALWELL the costs of health care delivery. f OF CALIFORNIA Since inception, BACH has helped busi- IN THE HOUSE OF REPRESENTATIVES nesses in my district promote health-related HONORING CHARLIE DANIELS education, including health and wellness and Thursday, February 14, 2013 workplace safety. The Alliance has also HON. JIM COOPER Mr. SWALWELL of California. Mr. Speaker, served as an educational resource to the com- OF TENNESSEE I rise to honor Dr. Richard H. Stulen, vice munity on health care changes in the pipeline IN THE HOUSE OF REPRESENTATIVES president of Sandia National Laboratories’ from the Affordable Care Act. BACH’s efforts California laboratory and the Energy, Climate, have also focused on increased awareness of Thursday, February 14, 2013 and Infrastructure Security Mission based in the services and programs of ECHN and its Mr. COOPER. Mr. Speaker I rise today to Livermore, California. Dr. Stulen, who recently affiliated physicians, which have and continue pay tribute to Charlie Daniels, a Tennessean retired after 36 years of service, spent his ca- to provide high quality, cost-effective care. Of who, through his dedication to supporting our reer helping to make critical advances in areas additional note, BACH has helped promote military, has touched the lives of countless of scientific research crucial to our nation’s in- local business networking, which has sup- servicemembers, veterans and their families. terest and security. Under Dr. Stulen’s leader- ported a ‘‘buy local’’ campaign. As an American entertainer, he needs no in- ship, Sandia National Laboratory in Livermore Mr. Speaker, I am proud to recognize troduction. As an advocate for our military, he has been tasked with conducting research BACH’s continued contributions to eastern

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Our nation continues to face nook helicopter he was in, lost power and WPNI has three primary objectives: (1) to challenges in lowering health care costs and crashed while conducting operations in sup- facilitate learning of the U.S. political system organizations like BACH are providing leader- port of Operation Enduring Freedom in south- and policy issues and its policy issues; (2) to ship to meet these challenges. eastern Afghanistan. develop and understanding of the interrelation- f Travis, a proud Iowan, was born on Sep- ship of public issues and structures of govern- tember 1, 1980 in Waterloo, and grew up in ment; and (3) to encourage individual initiative PERSONAL EXPLANATION Cedar Falls, graduating from Cedar Falls High and provide for experiences and research. Dr. School in 1999. He joined the Army in 2003 Lefton and Dr. Richard Robyn the program’s HON. GLORIA NEGRETE McLEOD and went on to earn various medals and deco- director have worked extremely hard to ensure OF CALIFORNIA rations, including the Army Commendation that these objectives are met. IN THE HOUSE OF REPRESENTATIVES Medal, Army Good Conduct Medal and Na- WPNI is a full 15-week academic program tional Defense Service Medal. offered each spring semester by Kent State Thursday, February 14, 2013 Travis’ memory lives on through his family, University since its creation in 1973, WPNI Mrs. NEGRETE MCLEOD. Mr. Speaker, on who every year collects food and household has sent more than 600 selected juniors and rollcall No. 38, had I been present, I would items from residents of Northeastern Iowa seniors from various backgrounds and aca- have voted ‘‘no.’’ which are donated to Iowa veterans. Travis demic disciplines to Washington, DC to live, f has also been honored with a memorial mark- work, and study. Throughout the course of the er at Cedar Falls High School which was do- program, students are required to participate RECOGNIZING THE 45TH ANNIVER- nated by Flags for Freedom Outreach. in the academic curriculum and maintain an SARY OF THE BOB BONDURANT As we come upon the 6th year of Travis’ internship position in government, a company, SCHOOL OF HIGH PERFORMANCE passing, we are reminded of the sacrifice our or an organization of their choice. The aca- DRIVING young American men and women make in demic and professional benefits this program service to their country. His family’s efforts brings to its students are extraordinary. At the HON. MATT SALMON and the generosity of Northeastern Iowans en- same time government agencies, companies, OF ARIZONA sure that Travis is ‘never forgotten.’ and organizations benefit enormously. I know IN THE HOUSE OF REPRESENTATIVES f this first-hand because I have had the good Thursday, February 14, 2013 HONORING JACOB B. HODSON fortune of having several students intern in my Washington office over the years. Mr. SALMON. Mr. Speaker, I rise today to I commend Dr. Lefton, Dr. Robyn and those congratulate the Bob Bondurant School of HON. SAM GRAVES at Kent State involved in the continuation of High Performance Driving in Phoenix, Arizona OF MISSOURI this meaningful program. I also congratulate on their forty-fifth anniversary. IN THE HOUSE OF REPRESENTATIVES the students who have in the past 40 years After racing since a teenager, Bob Thursday, February 14, 2013 taken part in this wonderful experience. I am Bondurant was in a tragic accident during a Mr. GRAVES of Missouri. Mr. Speaker, I certain that with continued support the Wash- race flipping his car eight times, injuring his proudly pause to recognize Jacob B. Hodson. ington Program in National Issues will cele- ribs, legs, feet, and back. Determined to help Jacob is a very special young man who has brate many more anniversaries to come. drivers of all levels avoid accidents like his exemplified the finest qualities of citizenship f own, Mr. Bondurant took his passion of racing and leadership by taking an active part in the and turned it into an opportunity to advise and HONORING THE LIFE OF THE BE- Boy Scouts of America, Troop 351, and earn- instruct others. On February, 13, 1968, he LOVED VISIONARY AND ADVO- ing the most prestigious award of Eagle Scout. opened the Bondurant Driving School with CATE SUZANNE ROSENTHAL Jacob has been very active with his troop, three cars and three students. From this small participating in many scout activities. Over the start, the Bondurant School grew and in 1990 many years Jacob has been involved with HON. ANDER CRENSHAW opened their purpose-built driver training facil- scouting, he has not only earned numerous OF FLORIDA ity in Phoenix, Arizona—the Firebird Raceway. merit badges, but also the respect of his fam- IN THE HOUSE OF REPRESENTATIVES The world-famous Bondurant School estab- ily, peers, and community. Most notably, Thursday, February 14, 2013 lished a name for themselves by sticking to Jacob has contributed to his community their core principle and driving motivation to Mr. CRENSHAW. Mr. Speaker, I rise today through his Eagle Scout project. to celebrate the life of the beloved visionary offer professional and everyday drivers with Mr. Speaker, I proudly ask you to join me in and advocate, Suzanne Rosenthal who the best track-intensive training in the world. commending Jacob B. Hodson for his accom- passed away on Sunday, February 10, 2013. Throughout their forty-five years in operation, plishments with the Boy Scouts of America Suzanne was a fearless, determined and cou- the Bondurant School has trained more than and for his efforts put forth in achieving the rageous woman who turned her diagnosis of four-hundred thousand people to become safe highest distinction of Eagle Scout. and effective drivers both on and off the race- Crohn’s disease in 1955 into a legacy that has track. f gone on to help hundreds of thousands of This milestone is a shining reminder of how KENT STATE UNIVERSITY’S WASH- people over the years. She dedicated her life core principles, hard-work, close friends, and a INGTON PROGRAM IN NATIONAL to spreading awareness about Crohn’s dis- passion for your work produce lasting results. ISSUES CELEBRATES ITS 40TH ease and ulcerative colitis, supporting and Today, I am pleased to call on my colleagues ANNIVERSARY educating patients and funding research to to join me in congratulating the Bondurant rac- find cures. In 1967, along with her husband, ing family on their impressive accomplishment HON. TIM RYAN Irwin M. Rosenthal, William D. and Shelby and core ethos of driver safety. OF OHIO Modell, and Henry D. Janowitz, MD, she f IN THE HOUSE OF REPRESENTATIVES founded the National Foundation of Ileitis and Colitis, now known as the Crohn’s & Colitis HONORING U.S. ARMY SPC. TRAVIS Thursday, February 14, 2013 Foundation of America (CCFA). RYAN VAUGHN FOR HIS SERVICE Mr. RYAN of Ohio. Mr. Speaker, I rise today Suzanne held many key volunteer positions AND SACRIFICE in recognition of Kent State University’s Wash- at CCFA. She was a former president of the ington Program in National Issues, known as Greater New York Chapter and served as Na- HON. BRUCE L. BRALEY WPNI. On April 23, 2013 WPNI will celebrate tional Chairperson of the Board from 1987 to OF IOWA its 40th Anniversary. This anniversary marks 1991. She served as Chairperson Emeritus of IN THE HOUSE OF REPRESENTATIVES not only WPNI’s 40th year in Washington, DC, CCFA’s Government Affairs Task Force and but also symbolizes the impressive achieve- champion in all advocacy efforts of the Foun- Thursday, February 14, 2013 ments of faculty, staff, alumni, and students dation. Suzanne received CCFA’s distin- Mr. BRALEY of Iowa. Mr. Speaker, today, I who are and have been dedicated to the suc- guished Public Policy Pioneer Award for her am here to honor and celebrate the life of a cess of WPNI. Dr. Lester Lefton President of tireless advocacy efforts on behalf of IBD pa- brave American patriot, United States Army Kent State University has been a very strong tients everywhere. The award was presented Specialist Travis Ryan Vaughn. Travis left us supporter of the program and has contributed at CCFA’s First National IBD Advocacy Con- on February 18, 2007, when the CH–47 Chi- significantly to its continued success. ference, held in Washington, D.C. in June

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Led by Schuler Hain, who the wil- OF TEXAS President of the Digestive Disease National derness of Pinnacles is now named for, they Coalition (DDNC). The DDNC comprises more would hike into the park to explore the Talus IN THE HOUSE OF REPRESENTATIVES than 32 patient groups and professional soci- Caves or picnic in the open meadows. Real- eties, representing the research and izing that this was a special place worthy of Thursday, February 14, 2013 healthcare legislative interests of people who protection for generations to enjoy, Schuler Mr. BURGESS. Mr. Speaker, I rise today to suffer from digestive disorders. In addition, Hain gathered the community and preserva- recognize the dedication of the State of Texas’ she was an active leader in many digestive tion efforts were launched. Then, in 1908 Historical Commission with the placement of disease-related health forums and committees, President Theodore Roosevelt established an Official Texas Historical Marker on behalf holding the following positions: member of the Pinnacles National Monument. A century later, of the African American Community of Advisory Council, National Institute of Diabe- understanding the economic potential of a Na- Quakertown. tes & Digestive & Kidney Diseases, National tional Park designation, surrounding counties Institutes of Health; chair of the Workgroup on again turned to Pinnacles as a means to sup- In the early 1880s, Quakertown emerged as Education of Public and Patients and Sup- port their communities. a thriving African American community in the porting Resources of the National Commission I would like to thank Representative JEFF heart of Denton, TX. Quakertown flourished on Digestive Diseases; and member of the DENHAM, who co-sponsored the bill, Senator through 1920, its growth due in part to its lo- Advisory Committee and Executive Committee BARBARA BOXER for championing the bill in the cation near the city square and the opportuni- of the National Digestive Disease Information Senate and President Obama in making Pin- ties it provided for African Americans. The Clearinghouse. nacles a national park thus achieving the community was bounded by Withers Street on Under Suzanne’s direction, CCFA and dream of Schuler Hain and President Theo- the north, Oakland Avenue on the west, Bell DDNC have been consistent and effective dore Roosevelt. Avenue on the east, and by Cottonwood and voices for digestive disease research within I can’t help but think of the pride my father, Pecan Creeks on the South. Although many the National Institutes of Health, including who as a state Senator protected so many residents worked for businesses on the nearby funding for the National Institute of Diabetes special places here in California, would have city square, at the College of Industrial Arts and Digestive and Kidney Diseases, and other felt if he were alive to see the creation of the (now Texas Woman’s University), and as serv- related institutes and agencies within the Pub- ninth national park here in his home state. I ants for white households, Quakertown pros- lic Health Service. She is recognized by the also think of my friend and my first campaign pered as a self-supporting community. Several research community, CCFA and the DDNC as chair, Ansel Adams, whose iconic photographs churches, a physician’s office, lodges, res- a loyal ally and a valuable resource in creating captured the unbelievable beauty of this coun- taurants, and small businesses joined homes public awareness of digestive diseases, as try, inspiring a whole new generation of Ameri- to line the streets of the community. The well as a strong partner in the effort to de- cans to experience our other great parks. Fi- velop new treatments and improve medical neighborhood school, the Fred Douglass nally, I think of the Ansel Adams of this gen- School, burned in Sep. 1913 and was rebuilt understanding of these conditions. eration, Director Ken Burns, a supporter of along Wye Street in Southeast Denton in Most recently, with Suzanne’s guidance, I elevating Pinnacles to a national park, whose 1916, foreshadowing events to come. worked along with CCFA to establish the Con- documentary series National Parks: America’s gressional Crohn’s and Colitis Caucus. In Best Idea captured the story of our country’s By 1920, the proximity of Quakertown to the memory of Suzanne’s contributions, CCFA efforts to set aside land for protection. growing College of Industrial Arts and the and DDNC will continue to work together to He and his business partner, Dayton Dun- civic-minded interests of Denton’s white resi- improve the lives of patients with digestive dis- can wrote: dents threatened the future of Quakertown. eases. ‘‘National parks are truly ‘America’s best Many believed that it was in the best interest Mr. Speaker, I ask you to join me in this idea,’ an idea that for nearly 150 years has of the College and the Denton community to very special congressional salute to this leader kept evolving and expanding, not just in the transform Quakertown into a city park. In Apr. and advocate, Suzanne Rosenthal. United States but across the entire world. It is 1921, with little input from its residents, the f the Declaration of Independence written upon City voted 367 to 240 in favor of a bond to IN HONOR OF THE OPENING OF the landscape, a statement that a nation’s purchase Quakertown. More than 60 families PINNACLES NATIONAL PARK most majestic and sacred places should be lost their homes. The majority of the displaced preserved for all time and for everyone . . . residents relocated to southeast Denton on 21 ‘‘Pinnacles National Park, like so many in acres of land, platted as Solomon Hill, sold to HON. SAM FARR our history, is the result of the dedication of in- them by rancher Albert L. Miles. Others, in- OF CALIFORNIA dividual citizens who worked tirelessly to save cluding many Quakertown Community leaders, IN THE HOUSE OF REPRESENTATIVES a special place they loved, so that others chose to leave Denton altogether. By Feb. Thursday, February 14, 2013 could love it and appreciate it as well. It has 1923, Quakertown had disappeared in the Mr. FARR. Mr. Speaker, I rise today to a deep history that matches its beauty . . . midst of the new park’s construction. honor the opening of Pinnacles National Park, ‘‘We cannot think of a better way to express The Texas Historical Marker commemo- our feelings than to quote John Muir, who had the 59th National Park in the United States. I rating the site was approved by and paid for this to say about the people responsible for want to thank Secretary of the Interior Ken by the Texas Historical Commission as one of the birth of a new national park: ‘Happy will be Salazar for joining us to celebrate the opening a select group of applications made each year [the ones] who, having the power and the love of Pinnacles National Park on February 11, to recognize undertold stories. The selection and the benevolent forecast [to create a park] 2013. was a result of a successful 2010 application Pinnacles truly is a special place. There are will do it. They will not be forgotten. The trees by the Denton County Historical Commission, few words that can describe the feeling of and their lovers will sing their praises, and supported through the efforts of the Denton watching a California condor spread its mas- generations yet unborn will rise up and call Public Library and the Denton Parks and sive wings as it soars high above the volcanic them blessed.’ ’’ Recreation Department. spires or the beauty of the Park’s wildflowers Mr. Speaker, I’m proud to call Pinnacles a painted upon the landscape by the springtime national park. I encourage all Americans to It is my honor to recognize these organiza- sun. come visit this truly special place and be in- tions and the efforts of the individuals involved Native Americans were the first to discover spired to go home and preserve the special and to represent Denton County and the City the cliffs of Pinnacles. The Chalon and Mutsun places in their own communities. of Denton in the House of Representatives.

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\K14FE8.011 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E156 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2013 HONORING CHIEF PETTY OFFICER As a former veteran myself, I truly under- first conference, ‘‘Frontier of Chemical CHRIS KYLE stand the sacrifices Chris and his family made Sciences: Research and Education in the Mid- for our great country. Chris’ devotion to a dle East—A Bridge to Peace,’’ was held on SPEECH OF higher calling and his commitment to God, the Mediterranean island of Malta. These con- HON. SAM JOHNSON Country, and Family should serve as a con- ferences later came to be known as ‘‘The OF TEXAS stant reminder that freedom isn’t free. We all Malta Conferences.’’ IN THE HOUSE OF REPRESENTATIVES owe a debt to men and women like Chief In each of the conferences, scientists meet Wednesday, February 13, 2013 Petty Officer Chris Kyle. for five days with six Nobel Laureates to work Mr. Speaker, I would ask that my colleagues on scientific issues of importance to the re- Mr. SAM JOHNSON of Texas. Mr. Speaker, join me in honoring Officer Chris Kyle, a true gion: Air and Water Quality, Alternative Energy I solemnly stand today to honor and pay re- American hero and a man of great principle. I Sources, Nanotechnology and Material spect to a true American patriot, a devoted fa- extend my deepest condolences to Chris’ fam- Science, Medicinal Chemistry, and Science ther, and a loving husband, Chief Petty Officer ily, and my thoughts and prayers are with Education for All Levels. Since 2003, five con- Chris Kyle. Sadly, on February 2, 2013, Chris them as they move forward in Chris’ honor. ferences were held. By invitation from and close friend Chad Littlefield were tragically f UNESCO, Malta V was held at UNESCO’s killed on a remote ranch in Texas while at- Headquarters in Paris in December 2011. The tempting to help a troubled veteran who was RECOGNIZING SIX GRADUATING conference was opened by the Director Gen- suffering from post-traumatic stress disorder. SENIOR BASKETBALL PLAYERS eral of UNESCO, Irina Bokova, and followed Chris leaves behind his lovely wife Taya, and AT BUFFALO STATE COLLEGE by a speech by HRH Prince Hassan of Jordan their two children. on his vision for the new Middle East. Born on April 8, 1974 in Odessa, Texas, Although acts of war and terrorism have de- Chris began shooting and hunting with his fa- HON. BRIAN HIGGINS OF NEW YORK stabilized the political and economic climate in ther when he was eight years old. After an ac- the Middle East and around the world, it re- cident ended a short-lived career as a profes- IN THE HOUSE OF REPRESENTATIVES mains possible for scientists from opposing sional bronco rider, Chris was moved from Thursday, February 14, 2013 sides of the political and cultural conflict to within to satisfy his life-long desire to serve his Mr. HIGGINS. Mr. Speaker, I rise today to meet in an attempt to forge relationships that country and join the military. Chris enlisted in recognize six outstanding members of the bridge the deep chasms of distrust and intoler- the United States Navy, and ultimately worked senior class at Buffalo State College. Four ance. his way to becoming a member of the United members of the men’s varsity basketball team, In the Middle East, it is especially important States Navy’s Sea, Air, Land Teams, also Anthony Hamer, Jake Simmons, Seth Runge, that stable, mutually respectful, personal rela- known as the U.S. Navy Seals, one of our na- and Ken Owusu, and two members of the tionships be created that will enhance re- tion’s most elite group of special forces units. women’s basketball team, Erica Derby and From 1999 to 2009, Chris served four tours search interactions and collaborations, con- in Iraq as a member of SEAL Team 3 where Alicia Bowman, will graduate this spring. I tribute to a more peaceful atmosphere, en- he was involved in every major battle of Oper- commend each of these students for their con- courage international development, help es- ation Iraqi Freedom. Throughout his time in tributions to Buffalo State, and congratulate tablish a more favorable environment for re- Iraq, Chris’ courage and heroism in battle them at the culmination of their illustrious col- gional peace and security, and foster further earned him the title and honor of the most legiate athletic careers. growth in regional scientific and technological elite sniper in U.S. history. Scholar athletes have the unique challenge cooperation. This is the goal of the Malta Con- Feared for his deadly accuracy, Chris was of balancing the academic demands of under- ferences. nicknamed The Devil of Ramadi by insurgents, graduate work with the physical demands of a In 2012, the Malta Conferences Foundation and recorded a record 150 confirmed kills— collegiate sports program. Full participation in was established as a nonprofit organization one of which was a 2,100-yard strike, 1.2 each requires incredible discipline and com- and my great friend and constituent Zafra miles away. More importantly however, Chris mitment. Each student athlete is accountable Lerman was elected its president. Like other is most remembered for his selfless and un- not only to themselves, but to their team- people who foster social change, she too had wavering ability to protect American troops mates, coaches, and greater campus commu- a dream. The fulfillment of this dream was the while perched on rooftops. In fact, despite nity. Malta Conferences. being shot twice and directly involved in mul- Despite such great expectations, Anthony, Zafra Lerman is a world-renowned scientist tiple IED explosions during his tours, Chris al- Jake, Seth, Ken, Erica and Alicia have ex- and science educator. She received her Ph.D. ways made doing his job and his fellow team- celled. Each will earn their bachelor’s degree. from the Weizmann Institute of Science in mates his top priority. For his bravery, Chris Jake has the distinct honor of scoring the Israel and conducted research on isotope ef- was awarded two Silver Stars, five Bronze most points in the history of Buffalo State fects at Cornell University, Northwestern Uni- Stars with Valor, two Navy and Marine Corp men’s basketball. As an alumnus of Buffalo versity, and at the Swiss Polytechnic in Zurich, Achievement Medals, and one Navy and Ma- State College myself, I will be proud to call Switzerland. Professor Lerman developed an rine Corps Commendation. them fellow alumni. innovative approach of teaching science to In 2009, Chris retired from his military ca- Mr. Speaker, I thank you for allowing my non-science majors by integrating science with reer in order to dedicate more time to his wife colleagues to join me in recognizing these ex- the arts, and with students’ personal interests and family. Shortly after, he released his New ceptional Buffalo State Bengals and wishing and cultural backgrounds. These methods York Times bestselling autobiography, Amer- them the best as they complete their under- have received national and international rec- ican Sniper, which shares his battle experi- graduate careers. I have no doubt their work ognition. She has been invited to lecture on ences and sheds light on the true sacrifices ethic and determination will bring them suc- her methods all over the U.S. and around the that service members and their families en- cess in all their future endeavors. world. dure. Unprepared for the books immediate f For the past 25 years, she has worked tire- success, Chris ultimately donated proceeds lessly on behalf of dissidents all over the from the book to the families of fallen service SCIENCE DIPLOMACY IN THE world. She chaired the Committee on Sci- members. For those that knew Chris person- MIDDLE EAST entific Freedom and Human Rights for the ally, this was nothing out of the ordinary. American Chemical Society (ACS). At great Chris was not just an exemplary soldier; he HON. JANICE D. SCHAKOWSKY risk to her personal safety, she has worked was a successful businessman, a trusted OF ILLINOIS within the Soviet Union, China and other coun- friend and team member, and a devoted hus- IN THE HOUSE OF REPRESENTATIVES tries and has succeeded in preventing execu- band, father, and son. He lived by the profes- tions, releasing prisoners of conscience from sional motto, ‘‘It is our duty to serve those who Thursday, February 14, 2013 jail and bringing dissidents into freedom. serve us.’’ This principle became the driving Ms. SCHAKOWSKY. Mr. Speaker, 2013 will Professor Lerman has received many na- force behind his decision to found Craft Inter- mark the 10th anniversary of a unique and tional and international awards. In 1999, she national, a military and law enforcement train- historical gathering of scientists from 15 Mid- received the Presidential Award for Excellence ing and security company, as well as help cre- dle East countries: Bahrain, Egypt, Iran, Iraq, in Science, Mathematics and Engineering ate Fitco Cares Foundation, a nonprofit orga- Israel, Jordan, Kuwait, Lebanon, Libya, Pales- Mentoring from President Clinton. In 1998, she nization that helps veterans overcome post- tinian Authority, Qatar, Saudi Arabia, Syria, received the Kilby Laureate Award for extraor- traumatic stress disorder and adjust to civilian. Turkey and United Arab Emirates. In 2003, the dinary contribution to society through science,

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K14FE8.014 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 14, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E157 technology, invention, innovation and edu- to teach our kids the lessons of baseball and and is the state’s third largest employer. The cation. In 2003, she was the recipient of the life for so many years. great majority of the UW’s federal funds come American Chemical Society’s (ACS) Parsons f from the NIH. This academic hub creates a Award in recognition of outstanding public spillover effect in the private sector that has service to society through chemistry. The CELEBRATING THE LIFE OF made Seattle one of the brightest destinations Royal Society of Chemistry in England award- LLOYD ANDRE ROLLINS for scientists the world over. It is no exaggera- ed her the 2005 Nyholm Award, and the New tion to say that sequestration of research fund- York Academy of Sciences presented her with HON. STEVE STIVERS ing threatens the heart of Seattle’s economy, the 2005 Heinz Pagels Human Rights for Sci- OF OHIO which is why I am introducing a standalone entists Award. She received the 2007 George IN THE HOUSE OF REPRESENTATIVES measure today to stop cuts to the NIH. To be clear, this bill will turn off the seques- Brown Award for International Scientific Co- Thursday, February 14, 2013 operation from the U.S. Civilian Research & ter for NIH from the period of March 1, 2013 Development Foundation (CRDF). In 2011, Mr. STIVERS. Mr. Speaker, I rise today to through September 30, 2013, and reduce the she received an award for Stimulating Col- celebrate the life of Lloyd Andre Rollins of Co- amount of the sequester by that amount to laborations and Ensuring Human Rights by the lumbus, Ohio. A true American hero, Mr. Rol- avoid deeper cuts to other programs. International Conference on Chemistry for lins’ service here on earth came to a close on f Mankind in India. January 30, 2013. An Ohioan and veteran of The capstone of her career is her work on the United States Air Force, he is among the HONORING THE 90TH BIRTHDAY OF the Malta Conferences. The Malta Con- countless number of fearless warriors and vet- PAUL WOODS ferences are the only platform where scientists erans who have devoted their lives to serving from 15 Middle East countries are collabo- our great nation. HON. BRIAN HIGGINS rating and cooperating on scientific issues as In 1957, Mr. Rollins began his service in the OF NEW YORK well as developing professional and personal United States Air Force. He was later trans- IN THE HOUSE OF REPRESENTATIVES ferred to the Department of State and sworn relationships with each other. The common Thursday, February 14, 2013 language of science is used for science diplo- into the U.S. Foreign Service, where he macy, which serves as a bridge to peace, tol- served for 27 years. Mr. Rollins was awarded Mr. HIGGINS. Mr. Speaker, I rise today to erance and understanding in the Middle East a Medal of Valor after he was taken hostage recognize the extraordinary life and service of and improves the relationships between the during the 1979 siege of the United States Paul Woods as he prepares to celebrate his Muslim countries and the U.S., and between Embassy in Tehran, Iran. 90th birthday on February 20th, 2013. the Arabs, Iranians and Israelis. Mr. Rollins is survived by his wife, Judy, and Paul Woods was born in Basemore, Ala- bama, to Nora Fiels Woods and Anderson f his two daughters, Patricia and Terri. As I pray for the family and friends of Mr. Rollins, I ask Sherman Woods. From an early age, the foun- IN HONOR OF BOBBY MOEGLE that all Members of Congress join me in offer- dation of Paul’s life was his family. Paul’s fam- ing our deepest appreciation and gratitude for ily included six brothers and sisters in addition HON. RANDY NEUGEBAUER his life and service to this country. to seven half-brothers and sisters through his OF TEXAS f father. Sadly, Anderson Woods passed away IN THE HOUSE OF REPRESENTATIVES when Paul was seven years old. Surviving rel- THE MEDICAL RESEARCH atives split up the seven children in order to Thursday, February 14, 2013 PROTECTION ACT OF 2013 care for them, leaving Paul to be raised by his Mr. NEUGEBAUER. Mr. Speaker, I rise wealthy Uncle Henry. today to honor Bobby Moegle, a coaching leg- HON. JIM McDERMOTT In 1941, at age 17, Paul enlisted in the end from Lubbock, Texas. Coach Moegle was OF WASHINGTON United States Army. He was immediately de- recently inducted into the 2012 Class of the IN THE HOUSE OF REPRESENTATIVES ployed to the Philippines to fight in World War Texas Sports Hall of Fame for his outstanding II. Despite the Army’s imposed racial segrega- Thursday, February 14, 2013 coaching career and contributions to the com- tion, Paul cared for his fellow soldiers like fam- munity. Mr. MCDERMOTT. Mr. Speaker, I rise today ily, believing ‘‘a bullet knows no race, rank, or Coach Moegle was the first baseball coach to introduce the Medical Research Protection status. We were all brothers on the battle- Monterey High School hired and he kept that Act of 2013. This bill will protect our national field.’’ title for the next 40 years. His career record investments in biomedical research from im- Paul took great pride in his service, and was an astounding 1,115–267. He won four pending automatic federal budget cuts. If we often told his children of landing on the Phil- state championships in 1972, 1974, 1981 and do nothing, these automatic budget cuts or ippine shoreline in LST990 boats. Paul earned 1996. Additionally, his teams won 33 district ‘‘sequester’’ will cancel $85 billion in federal three Bronze Stars in the Philippines for his championships. In 1972 he was named the spending between March 1 and September actions in combat. After his tour of duty, Paul National Baseball Coach of the Year. 30, including roughly $2 billion from the Na- served in the Military Occupation Specialties, Players respected Coach Moegle both on tional Institutes of Health budget. That delivering ammunition across the continent of and off the field. More than 100 of his players amounts to a failure to fund or renew funding Australia. In 1945 he was granted an honor- made it to the collegiate level and 20 signed for some 2,000 grants at America’s research able discharge. professional contracts. Coach Moegle built a universities, where the world’s top scientists After returning home to Birmingham, Ala- baseball program on the High Plains that was are discovering treatments for diseases like bama, Paul met Mary T. Lucas, the love of his the envy of the region. His teams were usually cancer, diabetes, Alzheimer’s, and HIV/AIDS. life. In 1953, the couple moved to Buffalo, and considered to be among the best mentally and This bill would ensure that NIH’s budget is would reside in Western New York for the rest physically prepared on the baseball field. Their protected for the balance of this fiscal year. of their 59 year marriage. Paul began a 31 intense practices and weight training programs I have opposed the sequester—a senseless year career at Bethlehem Steel in July 1954, paid dividends in the form of consistent win- and irresponsible approach to deficit reduc- often working 16 hour days and nine shifts a ning seasons. tion—since day one. I voted against the bill week to support his family. In 1966, the Beyond his winning record, Coach Moegle that put the sequester in place, and I have Woods family moved to Angola, New York, but was a great mentor for his players and stu- sponsored a bill with my colleagues in the Paul continued to commute to Bethlehem dents. He is still very highly respected in the Progressive Caucus to remove the entire se- Steel until the plant closed. Lubbock community and across Texas. Many quester, to protect critical programs like Medi- Paul and Mary’s family expanded to four- of his former players acknowledge the skills care, Head Start, Community Health Centers, teen children over the course of their 59 year and habits they learned under Coach Moegle and so many other priorities. marriage. A true patriarch, Paul’s greatest joy prepared them for the many challenges of life That said, Seattle’s economy relies uniquely came from building his beautiful, thriving fam- that came after high school. on federal funding for biomedical research. ily. Paul believed in education as a tool to fos- Mr. Speaker please join me in recognizing Science and technological innovation is the ter love and acceptance, and raised his chil- Coach Moegle for his outstanding coaching lifeblood of our local economy and a source of dren to value the same. All fourteen children career. Monterey High School and the City of tremendous civic pride. The University of attended college, and five followed their fa- Lubbock were truly blessed to have someone Washington receives more federal funding ther’s footsteps in the armed forces. As Paul’s of the character and integrity of Coach Moegle than any other public university in the nation, children had children of their own, Paul helped

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.033 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E158 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2013 raise his nineteen grandchildren and eleven Son. Together they built many homes in the THE NATIONAL RUNAWAY SWITCH- great-grandchildren, often commuting from An- Wood Streets area, including Prince Albert Es- BOARD BECOMES THE NATIONAL gola to Buffalo to pay them a visit. tates, the first exclusive custom tract homes in RUNAWAY SAFELINE In addition to their biological family, Paul Riverside. In the mid-1950s Russell started and Mary opened their door and hearts to Russell Walling, Inc. to continue residential HON. JANICE D. SCHAKOWSKY countless foster children. As licensed foster building. His first commercial project was an OF ILLINOIS care providers for Randolph Child and Adoles- A&W restaurant on University Avenue in Riv- IN THE HOUSE OF REPRESENTATIVES cent Services, Paul and Mary were honored as ‘‘Foster Parents of the Year’’ in 1997. erside. Over the years he built many large Thursday, February 14, 2013 Mr. Speaker, I thank you for allowing me a commercial buildings in Riverside, such as Ms. SCHAKOWSKY. Mr. Speaker, I rise few moments to recognize Paul Woods. I am DeAnza Chevrolet, Caddock Electronics and today to recognize the National Runaway inspired by his boundless capacity for love Johnson Tractor. Russell’s proudest accom- Safeline, which changed its name last month and devotion to his family, and I am proud to plishment was the construction of an extensive from the National Runaway Switchboard. celebrate his life here today. I am proud to complex of buildings for Bourns Incorporated, The NRS was established in 1971 to fill a celebrate his 90th birthday here today, and I which won Building of the Year in 1962. In the need for comprehensive crisis intervention for wish him good fortune for many years to early 1970s he built Los Amigos, the first pri- young people in Chicago. It was conceived as come. vate upscale condominiums on Victoria Ave- a centralized organization with free 24-hour f nue. In the late 1970s he purchased the origi- services, expertise in all youth-related issues and as an information clearinghouse of youth HONORING KEN BERRY nal Security Pacific Bank building on the cor- services. ner of University & Main, now known as the In 1974, NRS received an eight-month fed- Walling Building. HON. LUKE MESSER eral demonstration grant to establish a na- OF INDIANA It is hard to imagine that Russell would have tional hotline for runaway, homeless, and at- IN THE HOUSE OF REPRESENTATIVES any free time on his hands yet he always risk youth. The need for the service was clear- Thursday, February 14, 2013 found time for his community. He had served ly demonstrated over the eight-month period, as President of Riverside’s Chamber of Com- during which time 11,000 calls were received. Mr. MESSER. Mr. Speaker, I rise today to merce and Citizen of the Year; President of Since then, its capabilities and services have honor the memory of one of my constituents, grown considerably, now handling over Ken Berry of Richmond, Indiana. the Riverside Rotary Club; President of the Riverside Community Hospital Board; and 100,000 calls each year. Ken was a loving husband to Debbie Berry, Since its founding, NRS grew into a national President of the Monday Morning Group. A a vital member of my congressional staff who organization and expanded its crisis interven- previously served in the office of former Rep- longtime member of the Victoria Club where tion offerings to include bulletin boards, crisis resentative Mike Pence. Ken brought joy, love, he was first a caddy in his early years, and emails, and live chat. Recognizing that the and laughter to those around him and was a later an avid golfer, Russell and George term ‘‘switchboard’’ does not reflect the var- wonderful partner in life for his entire family. Champion spearheaded a major three year ious ways youth in crisis can connect with its A longtime member of Oak Park Church in renovation of the Victoria Club in the 1990s. services, the organization has changed its Richmond, Ken enjoyed singing and gospel Russell loved the outdoors and spent many name to the National Runaway Safeline. music. He was a small business owner and years with his family at their trailer on the The organization maintains its holistic and known around the region as an impressive beach at El Morro near Laguna. He loved and expert crisis intervention model focused on ad- auctioneer with a matching personality—warm, dressing at-risk issues immediately. Its serv- friendly, and instantly approachable. cherished his time with family, especially his children and grandchildren. Russell and ices remain confidential, anonymous, and Ken and his family’s dedication to the peo- available 24/7, providing a comprehensive LouElla traveled extensively throughout Eu- ple of Indiana will be forever appreciated. I connection to more than 10,000 different orga- ask the entire 6th Congressional District to rope, Asia and South America. They spent nizations and resources for at-risk youth and keep Debbie, son Matt, and the entire Berry many happy years doing annual fishing treks their families. The organization continues its family in your thoughts and prayers. to Whaler’s Cove off the rugged coast of Alas- service as the federally-designated commu- f ka’s Admiralty Island. nication system for runaway and homeless TRIBUTE TO RUSSELL WALLING Russell was preceded in death by his be- youth. loved wife of 69 years, LouElla; his brother As a strong advocate of helping homeless Foster and sister, Mary. He is survived by his individuals and as a long-time supporter of the HON. KEN CALVERT organization, I am pleased that the NRS will daughter Lee Walling Good of Grants Pass, OF CALIFORNIA continue its mission to help keep America’s IN THE HOUSE OF REPRESENTATIVES Oregon; his son Terry Walling and daughter- runaway, homeless and at-risk youth safe and Thursday, February 14, 2013 in-law Cathleen of Riverside; grandchildren, off the streets. We are proud to have this na- Karen Lalonde of Greenwood, South Carolina; tionally-recognized effort housed in Chicago, Mr. CALVERT. Mr. Speaker, I rise today to Tracy Cauble and Susanne McGee of Grants honor and pay tribute to a dear friend of mine, and I congratulate Maureen Blaha and her Pass, Oregon; David Good of Greenville, Russell Walling. Russell passed away on staff for their vision and leadership. Tuesday, February 5, 2013. A long time resi- South Carolina; great grandchildren, Marrissa, I welcome this opportunity to celebrate the dent of Riverside, California, he was a pillar of Kaitlyn and Steven Franquez, Shelby and growth, progress and impact that the National the community and he will be deeply missed. Caden Morrison, Madalyn and Gregory Runaway Safeline has had in the last 42 years Russell was born December 7, 1917 in Cauble, and Jakob and Lukas McGee; and and will continue to have in the decades to Douglas, Arizona, the son of Luther and great great granddaughter Mya Franquez. come. Francis Walling. His family relocated to River- On Wednesday, February 13, 2013, a me- f side in 1927, where he attended Lowell Ele- morial service honoring Russell’s life was held mentary School, Riverside Polytechnic High PERSONAL EXPLANATION at the First Christian Church in Riverside. Rus- School and Riverside Community College. Fol- lowing graduation he worked as a draftsman sell will always be remembered for his incred- HON. TOM REED ible work ethic, generosity, contributions to the for the noted architect G. Stanley Wilson, and OF NEW YORK community and love of family. His dedication later moved to Los Angeles to work for a large IN THE HOUSE OF REPRESENTATIVES architectural firm. Russell met the love of his to his family, work, and community are a tes- life, LouElla Scott, at See’s Candy where she tament to a life lived well and a legacy that will Thursday, February 14, 2013 worked and the two were married in 1941. continue. I extend my condolences to Rus- Mr. REED. Mr. Speaker, I write to inform Russell served his country honorably as a sell’s family and friends; although Russell may you that I was detained on February 6, 2013, Lieutenant in the Navy Seabees during World be gone, the light and goodness he brought to and was unable to be on the House floor for War II. the world remain and will never be forgotten. the vote on H.R. 444. Had I been there, I After the war he returned to Riverside to would have voted a ‘‘yea’’ on rollcall 38: Final work with his father, forming L.A. Walling & passage of H.R. 444.

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\K14FE8.016 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS February 14, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E159 ENDANGERED TEXAS TREAS- toric courthouses in Texas to its annual list of appointed by Governor Charlie Crist to serve URES—TEXAS COURTHOUSES America’s 11 Most Endangered Historic as a board member of the Florida Fund for Mi- Places. Some of those historic courts are lo- nority Teachers. He also serves on the Board HON. TED POE cated in rural counties with limited funds, but of Directors for the Glazer’s Children’s Mu- OF TEXAS are in need of insurmountable repairs. Unfor- seum. IN THE HOUSE OF REPRESENTATIVES tunately, some are on the brink of abandon- After 27 years with the University of South Thursday, February 14, 2013 ment or demolition. Budgets are tight all Florida and countless contributions to the around, but I think these treasures are worth Tampa Bay community, Dr. Wright is retiring. Mr. POE of Texas. Mr. Speaker, no matter saving. It is clear that he has contributed to the growth where I go, I always meet someone who This spring break and summer, as you pack and diversity at USF in countless ways, while wants to share a memory about my former life up the family and head across our great state, also influencing and effecting students on a as a criminal court judge in the Harris County get off the interstates and drive downtown to personal level. While his contributions to USF courtrooms. Most times, people reminisce any Main Street. There you can share a little will be missed, his impact on the Tampa area about some of the creative punishments that I Texas history with your kids and grandkids. will no doubt continue for years to come. handed down or about the time they served On each Main Street is a Texas treasure. And The Tampa Bay community is proud to rec- jury duty in my courtroom. But, sometimes the that’s just the way it is. ognize Dr. Samuel Lamar Wright, Sr. for his conversation turned to the courthouse itself, or f steadfastness and desire to enrich the people as I call it, the Palace of Perjury. of our community. His outstanding career and I presided over more than 25,000 criminal HONORING THE LIFETIME OF significant contributions have made him an in- cases in the Palace of Perjury for 22 years. ACHIEVEMENTS AND CAREER OF spirational leader. I ask that you and all Ameri- My particular courtroom was massive. Paneled DR. SAMUEL LAMAR WRIGHT, cans recognize such a remarkable citizen for in a dark wood, it gave off an ominous, seri- SR. his service to our community and our state. ous mood. As it should—some of the worst and most horrid crimes were tried within its HON. KATHY CASTOR f walls. HONORING PAT GILARDI That courthouse—now the Juvenile Court- OF FLORIDA house in Harris County—was just one of 235 IN THE HOUSE OF REPRESENTATIVES courthouses in Texas. Each is a symbol of our Thursday, February 14, 2013 HON. MIKE THOMPSON state’s rich history and a symbol of our prom- OF CALIFORNIA Ms. CASTOR of Florida. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES ise to follow the law and pursue justice. Court- today to honor the lifetime of achievements house construction began in Texas after it and career of Dr. Samuel Lamar Wright, Sr. Thursday, February 14, 2013 won independence from Mexico in 1836. Dr. Wright’s desire to help others, along with Mr. THOMPSON of California. Mr. Speaker, Counties were formed and courthouse con- his achievements and service to the Tampa I rise today to honor and thank Pat Gilardi for struction began in each. Because the counties Bay community is worthy of recognition by all. her many years of visionary leadership on the were booming and populations were increas- A native Floridian, Dr. Wright grew up in Cotati City Council, as she is stepping down ing, many courthouses served multiple pur- Boynton Beach. In 1974, he graduated, with from her Council duties to accept a position in poses: schools, churches, dancehalls and honors, from the University of Florida with a county government. Ms. Gilardi has been an meeting places, not just a place to settle legal degree in Psychology from the College of Arts outstanding leader for the City of Cotati during issues. Courthouses became the heart of the and Sciences and a degree in Psychological her 15 years of service, and her hard work town—or the ‘‘square’’ of the town. Here Main Foundations from the College of Education. and dedication is reflected in the many Street businesses grew, and communities He later continued his studies at the University projects and improvements she nurtured and were shaped. Trials, elections, marriages, pa- of South Florida where he completed his doc- rades and festivals are forever linked to our brought to fruition during that time. torate in Special Education Administration and The city and people of Cotati have benefited historic courthouses. At times as a judge, I traveled to other Supervision. immensely from Ms. Gilardi’s contributions counties to try cases. Along the way, I began After serving as the first black City Council- since the start of her career in public service to photograph Texas’ historic courthouses. I man in Boynton Beach, Dr. Wright moved to in 1997, when she was appointed to the Cotati was drawn to their impressive and varied ar- Tampa in 1985. He was hired by the Univer- Planning Commission. Among the numerous chitecture. Built with bricks, stone, and stained sity of South Florida to plan, create and co- projects Ms. Gilardi spearheaded was the glass, some have clock towers; others have ordinate student programming for minority stu- Multi Modal Transit Village, now known as the domes. Each is unique. I like the Renaissance dents. At the time, black students accounted Santero Way Specific Plan. Revival style of the Anderson County Court- for less than 5 percent of the student popu- Ms. Gilardi would go on to be selected from house and the Romanesque Revival style of lation. He made it his mission to improve stu- a large group of applicants to fill a vacancy on Fayette County Courthouse in La Grange. dent enrollment for minorities. He later served the Cotati City Council in October 2000. She Some like the Newton County Courthouse for 13 years as the university’s assistant direc- was elected to her first full term in November known for its Second Empire style, while oth- tor for multicultural admissions, allowing him to 2002. She was reelected in 2006 and 2010, ers like the La Salle County Courthouse recruit, enroll, mentor and retain minority stu- and she was selected as Mayor in both 2006 known for its Moderne-style structure. dents, fostering diversity on USF’s campus. and 2008. Ms. Gilardi has worked to guide the Along the way, I learned that other Texas After serving as associate dean of student re- City of Cotati to fiscal sustainability, strong en- officials shared my love and admiration for our lations and director of multicultural affairs at vironmental policy, transportation alternatives, State treasures. In 1993, my friend and then- USF, Dr. Wright is now the USF student om- and quality community services. Governor George W. Bush, together with the budsman, a position where he cherishes the In addition to her service on the city council, Texas Historical Commission, established the opportunities to mentor students through the Ms. Gilardi served on a number of commis- Texas Historic Courthouse Preservation Pro- challenges of college and cheer on their suc- sions and boards in Sonoma County, including gram, a plan that provided $200 million in cesses. her time as the Director of the Sonoma Coun- matching grants to communities working to re- Aside from his accomplishments with the ty Transportation Authority (SCTA) and Re- pair and restore these structures. By the end University of South Florida, Dr. Wright’s com- gional Climate Protection Authority (RCPA). of 2012, 63 Texas counties have received full mitment to the Tampa Bay community has While a member of the Board at SCTA, Ms. funding for their construction project. That in- been unwavering. In 2001, he organized the Gilardi represented the City of Cotati’s inter- cludes the Harris County Courthouse—‘‘the first Tampa Bay Black Heritage Festival, a ests for the Highway 101 widening project and Jewel of the South.’’ Built in 1910, restoration multicultural celebration, now held annually, in other transportation related issues including on the courthouse was available through fund- honor of black history and culture in the securing funds, project oversight and long- ing from the Texas Historic Courthouse Pres- Tampa area. Dr. Wright also serves as the term planning. ervation Program and was completed last vice president of the Hillsborough County In addition to her public service, Ms. Gilardi year. There’s a lot of history in our great NAACP and has served as a Board member is also the co-founder of the 4–H Club of State, and it’s our responsibility to preserve with the Tampa Bay Convention and Visitors Cotati, a former two-term president of her local this rich heritage for future generations. Bureau. In addition, he is actively involved at Parent Teacher Association, and sat on the In 1998 and again in 2012, the National the state level as a member of the African Board of Directors for the Cotati According Trust for Historic Preservation named all his- American Task Force and, in 2010, he was Festival.

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.041 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS E160 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2013 Mr. Speaker, it is appropriate at this time plishment in the arts. This year, the exhibit unacceptable to me, as it should be to the rest that we thank Ms. Gilardi for her invaluable featured works from the 2012 national PTA of this body. service to the City of Cotati and for the numer- winners. Jarred won the PTA Reflections It is absolutely essential that Bahrain set ous projects she has overseen and led to Award of Excellence for literature in the pri- itself on a course that promotes stability and completion. Her exemplary leadership has left mary division for pre-K through second grade reconciliation and that will only happen when a legacy for our community that will extend far and Shelby won the PTA Reflections Award of the Government moves to meet the people’s into the future as she moves on to her new Merit for dance choreography in the inter- legitimate calls for respect for human rights role with the County of Sonoma. mediate division for third grade through fifth and enhanced democracy occurs. It appears f grade. Both students were honored in the U.S. that political dialogue may be starting in Bah- Department of Education’s ceremony along rain. I call on the Government of Bahrain to HONORING THE LIFE OF MR. with other winners from around the country. engage fully in this dialogue—not as a moder- LOUIS C. DEBERGALIS Jarred and Shelby should be commended ator, but as a negotiating partner. for their hard work and remarkable artistic abil- f HON. BRIAN HIGGINS ity. I ask my colleagues to join me in congratu- OF NEW YORK lating their wonderful achievements. HONORING THE MEMORY OF RALPH WILLIAM BRAUN IN THE HOUSE OF REPRESENTATIVES f Thursday, February 14, 2013 THE TWO-YEAR ANNIVERSARY OF THE POPULAR UPRISING IN BAH- HON. JACKIE WALORSKI Mr. HIGGINS. Mr. Speaker, I rise today to RAIN OF INDIANA honor the life of Louis C. DeBergalis, who IN THE HOUSE OF REPRESENTATIVES passed away on Saturday, February 2, 2013 at the age of 69. HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Thursday, February 14, 2013 A proud member of Ironworkers Local 6 OF GEORGIA Mrs. WALORSKI. Mr. Speaker, today I wish who shared a family-owned small business, IN THE HOUSE OF REPRESENTATIVES to honor the legacy of Ralph William Braun. Mr. DeBergalis exemplified the American Thursday, February 14, 2013 Born on December 18, 1940 in Winamac, Indi- Dream. Along with his brother, Rocco Jr., he Mr. JOHNSON of Georgia. Mr. Speaker, ana, Ralph is a lifelong Hoosier, proud family co-owned Rod Placing, a steel reinforcing today is the two year anniversary of the day man, and entrepreneur whose contributions company started by his father, Rocco. when the Arab Spring came to Bahrain. On positively impacted thousands of lives in the Mr. DeBergalis was a family man. In addi- February 14, 2011, the people of Bahrain took community. As the Founder and CEO of the tion to his role and pride in the family busi- to the streets in spontaneous, peaceful pro- Braun Corporation, his company’s specialized ness, he loved his daughters, Tonya Balash tests calling for an end to oppression. Bah- mobility products have improved the everyday and Jacquelyn Criola; son, Jeffrey; mother, rainis were emboldened by the Arab Spring, lives of individuals across the globe. Olympia; sister, Mary Rose Gaughan; and which was sweeping across the Middle East Ralph’s passion to help others was fostered three brothers Joseph, Paul, and Rocco Jr. and they were fired up by decades of human at a young age, as he struggled with spinal Mr. DeBergalis lived most of his life in Buf- rights abuses by their government. Unfortu- muscular atrophy, a genetic defect that causes falo’s Lovejoy neighborhood. He took pride in nately, the Government of Bahrain brought in muscle damage. In an effort to improve his his heritage and community, holding member- foreign troops and responded with violence, own mobility, Ralph developed and assembled ship in the Big Timers Italian–American Club. killing protesters and unleashing a systematic a three–wheel scooter. Realizing that others In his down time, he enjoyed a variety of ac- program of torture and unlawful detention that suffered from the same issue, he founded the tivities including gardening, cooking, and stone continues today. Save-A-Step Manufacturing Company in 1963, carving. It is disappointing that Bahrain, a close ally a company that later became known as The Mr. Speaker, I kindly ask you to join me and of the U.S. in the Persian Gulf, is engaging in Braun Corporation. Today Braun Corporation our colleagues as we stand in this moment to torture, intimidation, and repression against has grown into a world-wide company, with its honor the life of Mr. Louis C. DeBergalis and peaceful protesters. Two years later, the judi- headquarters still based in the Second District offer our deepest condolences to his family. cial system is used to punish dissenters, free- of Winamac, Indiana. f dom of expression is punished—Bahrainis are His contributions did not stop there. In 2010, imprisoned for tweeting—and those respon- Ralph started the Ralph Braun Foundation to CONGRATULATING JARRED AND sible for even the most egregious violations continue helping the disabled population ob- SHELBY RAMBO are seldom brought to justice. The people of tain mobility equipment. His contributions were Bahrain deserve better, and I stand with them recognized by a robust group of organizations HON. RODNEY ALEXANDER in their quest for basic human rights. with awards and honors, including The White OF LOUISIANA As an American ally, we must insist upon House’s 2012 ‘‘Champion of Change’’ award. IN THE HOUSE OF REPRESENTATIVES their compliance with the most basic of human Ralph’s effort and donations to the community rights for all of its citizens. have touched many, and he will be sorely Thursday, February 14, 2013 This should be an especially concerning sit- missed. Mr. ALEXANDER. Mr. Speaker, I rise today uation for everyone in this body. Bahrain is the Ralph leaves behind an incredible legacy to recognize and congratulate two elementary host of the U.S. Fifth Fleet and an important that will surely live on to inspire future Ameri- students from Ouachita Parish who partici- ally in the Gulf Region. The Government’s out- cans and encourage new innovation. His fam- pated in a national art exhibit opening in rageous treatment of its own citizens is cre- ily, including his wife, Melody, children, and Washington, D.C. Eight-year-old Jarred ating deep divisions in Bahrain and sowing in- grandchildren will remain in my thoughts and Rambo and 10-year-old Shelby Rambo, chil- stability. We need a strong naval presence in prayers during this difficult time. dren of Judge and Mrs. Wilson and Christine the Gulf to keep our own country safe and we I am honored to recognize the life of Ralph Rambo of West Monroe, La., cut the ribbon on have put many of our eggs in one basket, William Braun and extend my deepest sym- the U.S. Department of Education’s Student Bahrain. However, the fact that an important pathies to his loved ones. Joining Hoosiers Art Exhibit Program. ally to our great democracy is violating the across the state, we mourn his loss and re- This wonderful program is now in its 10th very principles for which we have placed the member the leadership that will continue moti- year and strives to highlight student accom- Fifth Fleet therein is highly unacceptable. It is vating us all to help others.

VerDate Mar 15 2010 04:55 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.043 E14FEPT1 tjames on DSK6SPTVN1PROD with REMARKS Thursday, February 14, 2013 Daily Digest Senate ed in Nebraska and now serves more than 3,600 in- Chamber Action dividuals with intellectual disabilities in 10 States. Routine Proceedings, pages S721–S790 Page S790 Measures Introduced: Fifty bills and three resolu- Adjournment Resolution—Agreement: A unani- tions were introduced, as follows: S. 324–373, and mous-consent agreement was reached providing that S. Res. 35–37. Pages S772–74 if the Senate receives an adjournment resolution from Measures Reported: the House, identical to the text which is at the desk, H.R. 307, to reauthorize certain programs under the concurrent resolution be considered agreed to, the Public Health Service Act and the Federal Food, with no intervening action or debate. Page S790 Drug, and Cosmetic Act with respect to public Sequester—Agreement: A unanimous-consent health security and all-hazards preparedness and re- agreement was reached providing that on either sponse, with an amendment in the nature of a sub- Monday, February 25, 2013, or on Tuesday, Feb- stitute. ruary 26, 2013, the Majority Leader and the Repub- S. Res. 12, recognizing the third anniversary of lican Leader each be permitted to introduce a bill to the tragic earthquake in Haiti on January 12, 2010, replace the sequester required under the Budget honoring those who lost their lives in that earth- Control Act; that if a Leader introduces such legisla- quake, and expressing continued solidarity with the tion, his bill be placed directly on the Legislative people of Haiti, with an amendment and with an Calendar; and that motions to proceed to these bills amended preamble. be in order the day they are introduced. Page S790 S. 252, to reduce preterm labor and delivery and Authorizing Leadership To Make Appoint- the risk of pregnancy-related deaths and complica- ments—Agreement: A unanimous-consent agree- tions due to pregnancy, and to reduce infant mor- ment was reached providing that notwithstanding tality caused by prematurity. the upcoming recess or adjournment of the Senate, S. 298, to prevent nuclear proliferation in North the President of the Senate, the President Pro Tem- Korea, with amendments. Page S771 pore, and the Majority and Minority Leaders be au- thorized to make appointments to commissions, Measures Passed: committees, boards, conferences, or interparliamen- National Solidarity Day for Compassionate Pa- tary conferences authorized by law, by concurrent ac- tient Care: Committee on the Judiciary was dis- tion of the two Houses, or by order of the Senate. charged from further consideration of S. Res. 21, Page S790 designating February 14, 2013, as ‘‘National Soli- Signing Authority—Agreement: A unanimous- darity Day for Compassionate Patient Care’’, and the consent agreement was reached providing that from resolution was then agreed to, after agreeing to the Friday, February 15, 2013 through Monday, Feb- following amendment proposed thereto: ruary 25, 2013, Senator Levin be authorized to sign Pages S788–89 duly enrolled bills or joint resolutions. Page S790 Reid (for Lautenberg) Amendment No. 22, of a Pro Forma—Agreement: A unanimous-consent perfecting nature. Pages S788–89 agreement was reached providing that when the Sen- Congratulating the Baltimore Ravens: Senate ate completes its business today, it adjourn, and con- agreed to S. Res. 35, congratulating the Baltimore vene for pro forma sessions only with no business Ravens for winning Super Bowl XLVII. conducted on the following dates and times and that Pages S789–90 following each pro forma session, the Senate adjourn until the next pro forma session: Friday, February Centennial of Mosaic: Senate agreed to S. Res. 15, 2013 at 12 p.m.; Tuesday, February 19, 2013 36, recognizing February 19, 2013 as the centennial at 10:30 a.m.; and Friday, February 22, 2013 at of Mosaic, a faith-based organization that was found- 10:45 a.m.; and that the Senate adjourn on Friday, D108

VerDate Mar 15 2010 04:24 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14FE3.REC D14FEPT1 tjames on DSK6SPTVN1PROD with DIGEST February 14, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D109 February 22, 2013, until 2 p.m., on Monday, Feb- ruary 25, 2013, unless the Senate adopts an adjourn- Committee Meetings ment resolution pursuant to the previous order and (Committees not listed did not meet) that if the Senate adopts such a resolution, Senate adjourn until 2 p.m., on Monday, February 25, BUSINESS MEETING 2013. Page S790 Committee on Agriculture, Nutrition, and Forestry: Com- Hagel Nomination: Senate continued consideration mittee adopted its rules of procedure for the 113th of the nomination of Charles Timothy Hagel, of Ne- Congress and announced the following subcommittee braska, to be Secretary of Defense. Pages S723–53 assignments: During consideration of this nomination today, Subcommittee on Commodities, Markets, Trade and Risk Senate also took the following action: Management: Senators Donnelly (Chair), Baucus, By 58 yeas to 40 nays, 1 responding present (Vote Heitkamp, Harkin, Brown, Gillibrand, Chambliss, No. 21), three-fifths of those Senators duly chosen Roberts, Boozman, Hoeven, and Johanns. and sworn, not having voted in the affirmative, Sen- Subcommittee on Jobs, Rural Economic Growth and Energy ate rejected the motion to close further debate on Innovation: Senators Heitkamp (Chair), Brown, Klo- the nomination. Page S747 buchar, Bennet, Donnelly, Cowan, Johanns, Hoeven, Subsequently, Senator Reid entered a motion to Grassley, Thune, and Boozman. reconsider the vote by which cloture was not in- Subcommittee on Conservation, Forestry and Natural Re- voked on the nomination. Page S747 sources: Senators Bennet (Chair), Harkin, Klobuchar, Bacharach Nomination—Agreement: A unani- Leahy, Baucus, Heitkamp, Boozman, McConnell, mous-consent-time agreement was reached providing Chambliss, Thune, and Roberts. that at 5 p.m., on Monday, February 25, 2013, Sen- ate begin consideration of the nomination of Robert Subcommittee on Nutrition, Specialty Crops, Food and Ag- E. Bacharach, of Oklahoma, to be United States Cir- riculture Research: Senators Cowan (Chair), Leahy, cuit Judge for the Tenth Circuit; that there be 30 Harkin, Brown, Gillibrand, Bennet, Hoeven, minutes for debate, equally divided in the usual McConnell, Chambliss, Grassley, and Thune. form; that upon use or yielding back of time, Senate Subcommittee on Livestock, Dairy, Poultry, Marketing and vote, without intervening action or debate, on con- Agriculture Security: Senators Gillibrand (Chair), firmation of the nomination; and that no further mo- Leahy, Baucus, Klobuchar, Donnelly, Cowan, Rob- tions be in order. Page S754 erts, McConnell, Boozman, Johanns, and Grassley. Senators Stabenow and Cochran are ex officio Messages from the House: Page S771 members of each subcommittee. Measures Referred: Page S771 ECONOMICS OF DISASTERS FOR AMERICA’S Executive Reports of Committees: Pages S771–72 AGRICULTURE PRODUCERS Additional Cosponsors: Page S774 Committee on Agriculture, Nutrition, and Forestry: Com- Statements on Introduced Bills/Resolutions: mittee concluded a hearing to examine drought, fire, Pages S774–88 and freeze, focusing on the economics of disasters for America’s agricultural producers, after receiving tes- Additional Statements: Pages S766–71 timony from Roger S. Pulwarty, National Integrated Amendments Submitted: Page S788 Drought Information System, National Oceanic and Authorities for Committees to Meet: Page S788 Atmospheric Administration, Department of Com- merce; Joseph Glauber, Chief Economist, Depart- Record Votes: One record vote was taken today. ment of Agriculture; Leon LaSalle, LaSalle Ranch In- (Total—21) Page S747 corporated, Havre, Montana; Anngie Steinbarger, Adjournment: Senate convened at 10 a.m. and ad- Edinburgh, Indiana; Jeff Send, Leelanau, Michigan; journed at 6:57 p.m., until 12 p.m. on Friday, Feb- and Ben Steffen, Humboldt, Nebraska. ruary 15, 2013. (For Senate’s program, see the re- IMPACTS OF SEQUESTRATION marks of the Majority Leader in today’s Record on page S790.) Committee on Appropriations: Committee concluded a hearing to examine the impacts of sequestration, after receiving testimony from Daniel I. Werfel, Controller, Office of Management and Budget; Arne Duncan, Secretary of Education; Janet Napolitano, Secretary of Homeland Security; Shaun Donovan,

VerDate Mar 15 2010 04:24 Feb 15, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14FE3.REC D14FEPT1 tjames on DSK6SPTVN1PROD with DIGEST D110 CONGRESSIONAL RECORD — DAILY DIGEST February 14, 2013 Secretary of Housing and Urban Development; and Subcommittee on Oversight: Senators Whitehouse Ashton B. Carter, Deputy Secretary of Defense. (Chair), Baucus, Lautenberg, Inhofe, and Boozman. Senators Boxer and Vitter are ex officio members NOMINATIONS of each subcommittee. Committee on Armed Services: Committee concluded a HEALTH INSURANCE EXCHANGES hearing to examine the nominations of General Lloyd J. Austin III, USA, for reappointment to the Committee on Finance: Committee concluded a hearing grade of general and to be Commander, United to examine health insurance exchanges, focusing on States Central Command, and General David M. a progress report, after receiving testimony from Rodriguez, USA, for reappointment to the grade of Gary Cohen, Deputy Administrator and Director, general and to be Commander, United States Africa Center for Consumer Information and Insurance Command, both of the Department of Defense, after Oversight, Centers for Medicare and Medicaid Serv- the nominees testified and answered questions in ices, Department of Health and Human Services; their own behalf. Don Hughes, Health Care Policy Advisor to the Governor and Arizona Exchange Executive Director, WALL STREET REFORM Phoenix; Christine Ferguson, Rhode Island Health Committee on Banking, Housing, and Urban Affairs: Benefits Exchange Director, Providence; and Bettina Committee concluded a hearing to examine Wall Tweardy Riveros, Advisor to the Governor and Chair Street reform, focusing on oversight of financial sta- of the Delaware Health Care Commission, Wil- bility and consumer and investor protections, after mington. receiving testimony from Mary J. Miller, Under Sec- BUSINESS MEETING retary, and Thomas J. Curry, Comptroller of the Committee on Foreign Relations: Committee ordered fa- Currency, both of the Department of the Treasury; vorably reported S. 298, to prevent nuclear prolifera- Daniel K. Tarullo, Governor, Board of Governors of tion in North Korea, with amendments. the Federal Reserve System; Martin J. Gruenberg, Chairman, Federal Deposit Insurance Corporation; BUSINESS MEETING Richard Cordray, Director, Consumer Financial Pro- Committee on Homeland Security and Governmental Af- tection Bureau; Elisse B. Walter, Chairman, United fairs: Committee announced the following sub- States Securities and Exchange Commission; and committee assignments for the 113th Congress: Gary Gensler, Chairman, Commodity Futures Trad- Permanent Subcommittee on Investigations: Senators Levin ing Commission. (Chair), Pryor, Landrieu, McCaskill, Tester, Baldwin, BUSINESS MEETING Heitkamp, McCain, Johnson (WI), Portman, Paul, and Ayotte. Committee on Environment and Public Works: Com- mittee adopted its rules of procedure for the 113th Subcommittee on Financial and Contracting Oversight: Congress and announced the following subcommittee Senators McCaskill (Chair), Levin, Pryor, Landrieu, assignments: Begich, Baldwin, Johnson (WI), McCain, Enzi, and Subcommittee on Transportation and Infrastructure: Ayotte. Senators Baucus (Chair), Carper, Lautenberg, Cardin, Subcommittee on the Efficiency and Effectiveness of Federal Sanders, Udall (NM), Gillibrand, Barrasso, Inhofe, Programs and the Federal Workforce: Senators Tester Sessions, Crapo, Wicker, and Fischer. (Chair), Pryor, McCaskill, Begich, Baldwin, Subcommittee on Clean Air and Nuclear Safety: Sen- Heitkamp, Portman, Johnson (WI), Paul, and Enzi. ators Carper (Chair), Baucus, Cardin, Sanders, Subcommittee on Emergency Management, Intergovern- Whitehouse, Udall (NM), Sessions, Barrasso, Crapo, mental Relations, and the District of Columbia: Senators Wicker, and Boozman. Begich (Chair), Levin, Pryor, Landrieu, Tester, Subcommittee on Water and Wildlife: Senators Cardin Heitkamp, Paul, McCain, Portman, and Enzi. (Chair), Carper, Lautenberg, Whitehouse, Merkley, Senators Levin and Coburn are ex officio members Gillibrand, Boozman, Inhofe, Barrasso, Sessions, and of each subcommittee. Fischer. Subcommittee on Superfund, Toxics and Environmental BUSINESS MEETING Health: Senators Udall (NM) (Chair), Baucus, Lau- Committee on the Judiciary: Committee ordered favor- tenberg, Merkley, Gillibrand, Crapo, Inhofe, Wicker, ably reported the nominations of Caitlin Joan and Fischer. Halligan, of New York, to be United States Circuit Subcommittee on Green Jobs and the New Economy: Judge for the District of Columbia Circuit, Patty Senators Merkley (Chair), Carper, Sanders, Wicker, Shwartz, of New Jersey, to be United States Circuit and Sessions. Judge for the Third Circuit, Pamela Ki Mai Chen,

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to be United States District Judge for the Eastern District Judge for the Central District of California, District of New York, Katherine Polk Failla, and Derrick Kahala Watson, to be United States District Analisa Torres, both to be a United States District Judge for the District of Hawaii, and Mark A. Judge for the Southern District of New York, An- Barnett, of Virginia, and Claire R. Kelly, of New drew Patrick Gordon, to be United States District York, both to be a Judge of the United States Court Judge for the District of Nevada, Ketanji Brown of International Trade. Jackson, of Maryland, to be United States District Judge for the District of Columbia, Raymond P. INTELLIGENCE Moore, to be United States District Judge for the Select Committee on Intelligence: Committee held closed District of Colorado, Troy L. Nunley, to be United hearings on intelligence matters, receiving testimony States District Judge for the Eastern District of Cali- from officials of the intelligence community. fornia, Beverly Reid O’Connell, to be United States Committee recessed subject to the call. h House of Representatives Quorum Calls—Votes: Two yea-and-nay votes de- Chamber Action veloped during the proceedings of today and appear Public Bills and Resolutions Introduced: 59 pub- on pages H528–29. There were no quorum calls. lic bills, H.R. 625, 683–740; and 6 resolutions, H.J. Adjournment: The House met at 10 a.m. and ad- Res. 29–31; and H. Res. 69–71 were introduced. journed at 5:44 p.m. Pages H544–50 Additional Cosponsors: Page H550 Committee Meetings Reports Filed: There were no reports filed today. ENERGY AND WATER DEVELOPMENT, Speaker: Read a letter from the Speaker wherein he AND RELATED AGENCIES appointed Representative Collins (NY) to act as Committee on Appropriations: Subcommittee on Energy Speaker pro tempore for today. Page H505 and Water Development, and Related Agencies held Recess: The House recessed at 11:03 a.m. and re- a hearing entitled ‘‘National Nuclear Administration (NNSA), Weapons Activities Budget’’. Testimony convened at 12 noon. Page H514 was heard from Neile Miller, Acting Administrator, Recess: The House recessed at 12:22 p.m. and re- National Nuclear Security Administration; Don convened at 1:30 p.m. Page H516 Cook, Deputy Administrator for Defense Programs, Eliminating the 2013 statutory pay adjustment National Nuclear Security Administration; and Col. for Federal employees—Rule for Consideration: James Dawkins, Deputy Administrator for Military The House agreed to H. Res. 66, the rule that is Application, National Nuclear Security Administra- providing for consideration of H.R. 273, to elimi- tion. nate the 2013 statutory pay adjustment for Federal STATE, FOREIGN OPERATIONS, AND employees, by a yea-and-nay vote of 227 yeas to 192 RELATED PROGRAMS nays, Roll No. 42, after the previous question was Committee on Appropriations: Subcommittee on State, ordered by a yea-and-nay vote of 229 yeas to 194 Foreign Operations, and Related Programs held a nays, Roll No. 41. Pages H516–29 hearing entitled ‘‘Embassy Security’’. Testimony was A point of order was raised against the consider- heard from Patrick Kennedy, Under Secretary of Sec- ation of H. Res. 66 and it was agreed to proceed retary for Management, Department of State. This with consideration of the resolution by voice vote. was a closed hearing. Pages H517–19 BUILDING PARTNERSHIP CAPACITY Joint Economic Committee—Appointment: The PROGRAMS AND AUTHORITIES TO MEET Chair announced the Speaker’s appointment of the 21ST CENTURY CHALLENGES following Members on the part of the House to the Committee on Armed Services: Full Committee held a Joint Economic Committee: Representatives Camp- hearing entitled ‘‘Framework for Building Partner- bell, Duffy, Amash, Paulsen, Hanna, Loretta San- ship Capacity Programs and Authorities to Meet chez, Cummings, and Delaney. Page H529 21st Century Challenges’’. Testimony was heard

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Regulatory Affairs held a hearing entitled ‘‘Unin- approved; and testimony was heard from public wit- tended Consequences: Is Government Effectively Ad- nesses. dressing the Unemployment Crisis?’’. Testimony was heard from public witnesses. ADVANCED CYBER THREATS FACING OUR NATION STATE OF ENVIRONMENT: EVALUATING House Permanent Select Committee on Intelligence: Full PROGRESS AND PRIORITIES Committee held a hearing entitled ‘‘Advanced Cyber Committee on Science, Space, and Technology: Sub- Threats Facing Our Nation’’. Testimony was heard committee on Environment held a hearing entitled from public witnesses. ‘‘The State of Environment: Evaluating Progress and Priorities’’. Testimony was heard from public wit- nesses. Joint Meetings No joint committee meetings were held. APPLICATIONS FOR INFORMATION f TECHNOLOGY RESEARCH AND DEVELOPMENT COMMITTEE MEETINGS FOR FRIDAY, Committee on Science, Space, and Technology: Sub- FEBRUARY 15, 2013 committee on Research held a hearing entitled ‘‘Ap- (Committee meetings are open unless otherwise indicated) plications for Information Technology Research and Senate Development’’. Testimony was heard from public witnesses. No meetings/hearings scheduled. POST 9/11 GI BILL CLAIMS PROCESSING House ISSUES Committee on Energy and Commerce: Subcommittee on En- Committee on Veterans’ Affairs: Subcommittee on Eco- vironment and the Economy, hearing entitled ‘‘The Role nomic Opportunity held a hearing entitled ‘‘Post 9/ of the States in Protecting the Environment Under Cur- 11 GI Bill Claims Processing Issues’’. Testimony was rent Law’’, 9:30 a.m., 2123 Rayburn. heard from Roger Baker, Assistant Secretary for In- Committee on Financial Services: Full Committee contin- ued meeting to adopt the Committee’s Oversight Plan for formation and Technology, Department of Veterans the 113th Congress, 10 a.m., 2128 Rayburn. Affairs; and public witnesses. Committee on Homeland Security: Subcommittee on Over- BUSINESS MEETING; AND TAX REFORM sight and Management Efficiency, hearing entitled ‘‘As- AND CHARITABLE CONTRIBUTIONS sessing DHS 10 Years Later: How Wisely is DHS Spend- ing Taxpayer Dollars?’’, 9 a.m., 311 Cannon. Committee on Ways and Means: Full Committee held Committee on Science, Space, and Technology: Subcommittee business meeting on the Committee’s Oversight Plan on Oversight, hearing entitled ‘‘Operating Unmanned for the 113th Congress; and hearing entitled ‘‘Tax Aircraft Systems in the National Airspace System: Assess- Reform and Charitable Contributions’’. The Com- ing Research and Development Efforts to Ensure Safety’’, mittee Oversight Letter for the 113th Congress was 10 a.m., 2318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 p.m., Friday, February 15 9 a.m., Friday, February 15

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: Complete consideration of H.R. session. 273—To eliminate the 2013 statutory pay adjustment for Federal employees. Consideration, under suspension of the rules, of H. Res. 65—Condemning the Government of North Korea for its flagrant and repeated violations of multiple United Nations Security Council resolutions, for its repeated provocations that threaten international peace and stability, and for its February 12, 2013, test of a nu- clear device.

Extensions of Remarks, as inserted in this issue

HOUSE Foster, Bill, Ill., E146 Reed, Tom, N.Y., E145, E153, E158 Gardner, Cory, Colo., E147 Royce, Edward R., Calif., E151 Aderholt, Robert B., Ala., E150 Graves, Sam, Mo., E143, E145, E146, E148, E149, E150, Ryan, Tim, Ohio, E154 Alexander, Rodney, La.,E160 E152, E153, E154 Salmon, Matt, Ariz., E154 Blumenauer, Earl, Ore., E150 Griffith, H. Morgan, Va., E149 Schakowsky, Janice D., Ill., E156, E158 Braley, Bruce L., Iowa, E154 Hastings, Alcee L., Fla., E145 Burgess, Michael C., Tex., E155 Higgins, Brian, N.Y., E156, E157, E160 Smith, Adam, Wash., E152 Calvert, Ken, Calif., E158 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E160 Smith, Christopher H., N.J., E143, E153 Castor, Kathy, Fla., E148, E159 Johnson, Sam, Tex., E156 Stivers, Steve, Ohio, E157 Conyers, John, Jr., Mich., E148 Kind, Ron, Wisc., E143 Swalwell, Eric, Calif., E153 Cooper, Jim, Tenn., E153 McDermott, Jim, Wash., E157 Thompson, Bennie G., Miss., E147 Courtney, Joe, Conn., E153 Maloney, Carolyn B., N.Y., E148 Thompson, Mike, Calif., E146, E149, E151, E159 Crenshaw, Ander, Fla., E154 Messer, Luke, Ind., E158 Valadao, David G., Calif., E149 DeFazio, Peter A., Ore., E146 Negrete McLeod, Gloria, Calif., E154 Van Hollen, Chris, Md., E147 Faleomavaega, Eni F.H., American Samoa, E150 Neugebauer, Randy, Tex., E157 Walorski, Jackie, Ind., E160 Farr, Sam, Calif., E155 Poe, Ted, Tex., E151, E159

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