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

Vol. 159 WASHINGTON, WEDNESDAY, FEBRUARY 13, 2013 No. 23 Senate The Senate met at 10 a.m. and was appoint the Honorable HEIDI HEITKAMP, a jobs and manufacturing once more, in- called to order by the Honorable HEIDI Senator from the State of North Dakota, to vestments which have been deferred for HEITKAMP, a Senator from the State of perform the duties of the Chair. too long due to the worst recession North Dakota. PATRICK J. LEAHY, since the Great Depression. President pro tempore. The President’s plan will give Amer- PRAYER Ms. HEITKAMP thereupon assumed ican manufacturers the support they the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- need to thrive, while ending giveaways pore. fered the following prayer: to companies that ship jobs overseas. Let us pray. f His plan will create jobs building Architect of the universe, before the world-class roadways, railways, and RECOGNITION OF THE MAJORITY bridges which our economy may rely mountains were formed and the hills LEADER were born and the Earth received its upon tomorrow. The plan will prepare current and fu- frame, You are God. You fill the uni- The ACTING PRESIDENT pro tem- ture workers to compete in a global verse with the mysteries of Your pore. The majority leader is recog- economy by making K–12 schools the power, and we are in awe of Your nized. f best in the world again and college af- handiwork. fordable for every graduate. His plan Inspire our Senators to unite with SCHEDULE will break our addiction to foreign oil You in the great cause of bringing and encourage investments in reliable healing to our Nation and world. May Mr. REID. Madam President, fol- lowing leader remarks, the Senate will energy, a change which will be good for they sense Your presence continually, the environment and for the economy. think of You consistently, and trust be in morning business. The Repub- licans will control the first 30 minutes As he said last night, it will be done You constantly, receiving Your divine without adding a single penny to the guidance for the path ahead. Lord, in- and the majority will control the sec- ond 30 minutes. deficit. These investments in a strong spire them to think imaginatively middle class are not just right for our about how to do Your will on Earth We will seek an agreement for the consideration of the nomination of country, they are right for our econ- even as it is done in Heaven. We pray omy as well. Our efforts to restore in Your great Name. Amen. Senator Hagel to be Secretary of De- fense during today’s session. prosperity will mean little unless Con- f In addition, sometime this afternoon, gress acts immediately to deal with ar- bitrary, across-the-board spending cuts PLEDGE OF ALLEGIANCE we hope to have a vote on the Kayatta nomination to be a circuit court judge set to take effect. If the looming sequester strikes, The Honorable HEIDI HEITKAMP led for the First Circuit. the Pledge of Allegiance, as follows: 70,000 young children would be kicked I pledge allegiance to the Flag of the f off Head Start and 10,000 teaching jobs United States of America, and to the Repub- VISION OF FAIRNESS would be at risk. The Small Business lic for which it stands, one nation under God, Administration will be forced to reduce indivisible, with liberty and justice for all. Mr. REID. Madam President, last loan guarantees to small businesses by night the President of the United f up to $540 million. Democrats believe States laid out an agenda to strength- we should replace this harsh austerity APPOINTMENT OF ACTING en the middle class and expand upon with a balanced approach that targets PRESIDENT PRO TEMPORE our economic progress. He outlined an wasteful spending, tax loopholes, and agenda that will restore the core value The PRESIDING OFFICER. The asks the wealthiest among us to con- that makes this Nation great: fairness. clerk will please read a communication tribute a little more to reduce the def- Senate Democrats stand ready to to the Senate from the President pro icit. work with the President to make this tempore (Mr. LEAHY). The American people know we can’t vision—a vision in which every Amer- The legislative clerk read the fol- cut our way to prosperity. They agree. ican shares the prosperity as well as lowing letter: We can’t ask the middle class to bear the responsibility—a reality. President the burden of the entire deficit reduc- U.S. SENATE, Obama’s agenda calls for commonsense PRESIDENT PRO TEMPORE, tion. Later this week Democrats will Washington, DC, February 13, 2013. investments in our future, investments release a plan to avert the so-called se- To the Senate: which will breathe new life into a quester. Under the provisions of rule I, paragraph 3, struggling middle class, investments Republicans say they agree the deep of the Standing Rules of the Senate, I hereby which will make America a magnet for cuts they voted for will be damaging to

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

S663

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VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.000 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S664 CONGRESSIONAL RECORD — SENATE February 13, 2013 our economy and to national security. has run his last campaign. It called for want to work with him to actually Republicans would rather cut Medi- a President who was willing to stare make that happen. care, education, and medical research down America’s challenges, reject the Instead we just heard gimmicks and than close a single wasteful tax loop- easy choices, and step outside his polit- tax hikes, just one more plan from the hole or ask a single millionaire to con- ical comfort zone to unite a deeply di- President that is designed to fail so he tribute a little more. The Republicans vided public behind a common goal. can blame others when it does fail. It is should stop protecting millionaires, Sadly, history will record no such too bad for the country. It truly is. billionaires, and wealthy corporations moment. An opportunity to bring to- The American people, in their collec- and start working with us to pass an gether the country instead became an- tive judgment, decided to send divided alternative to these terrible cuts that other retread of lip service and lib- government to Washington. I am sure protect the middle class. We want to eralism. the President wishes that weren’t so, start to do something to begin chang- For a Democratic President entering but it is the reality, and Americans ing this so we protect the middle class. his second term, it was simply unequal look to him to use forums such as the We must not jeopardize the progress of to the moment. Following 4 years of State of the Union to bring people to- the last 4 years. this President’s unwillingness to chal- gether and get things done with the government we have, not the one the Even though our work to restore eco- lenge liberal dogma, we have more of President wishes he had. That is what nomic prosperity must continue, we the same. The President spoke about Ronald Reagan did, and he accom- should take pride in the 35 months of energy infrastructure but didn’t even plished great things. President Clinton private sector job growth and 6.1 mil- mention the Keystone Pipeline. He chose the Nation’s biggest stage to pro- was able to get quite a bit done with lion new American jobs. Imagine how divided government too. mote something that is inefficient and many more jobs could be created with Why is it this President can’t seem just a little cooperation from our Re- costly, such as solar panels, instead of to demonstrate the same kind of lead- publican colleagues. something that is proven, reliable, and ership? He says he wants balance—bal- Now our friends across the aisle have domestically produced, such as coal. ance. His approach so far has been any- another opportunity to engage con- He advocated tax reform but mostly thing but. Just as ‘‘investment’’ has structively. They have a second chance as a way to increase the size of govern- become a Washington code word for to work with Democrats to rebuild the ment, not as a way to increase our more spending, ‘‘balance’’ has now be- middle class by investing in that which competitiveness. He spoke of workers’ come a code word for my way or the in the past has made Americans minimum wages instead of their max- highway. strong—world-class roads, bridges, imum potential. Remember, the President already re- dams, peerless schools, industrial fac- In short, with the exception of his ceived the additional revenue he want- tories, and creative entrepreneurs who impressive delivery and trademark ed in January. He didn’t agree to a sin- are the best in the world. style, last night’s speech was pedes- gle cut in spending then, just revenue. President Ronald Reagan, in his first trian, liberal boilerplate that any Obviously, the balanced thing to do address of a joint session of Congress, Democratic lawmaker could have given now would be to look at cuts. Last spoke of these building blocks of pros- at any time in recent memory. Gun night the President didn’t propose any perity. Ronald Reagan said: control, cap and trade, tax increases, real cuts; he just demanded more and Substance and prosperity of our Nation is and spending programs are exactly more taxes. With a $16 trillion debt, he built by wages brought home from the fac- what we have come to expect from a actually called for more spending too, tories and the mills, the farms, and the liberal President who seems perfectly although he didn’t say how he would shops. They are the services provided in content to preside over a divided coun- pay for it or even how much it would 10,000 corners of America: the interest on the try and a stagnant economy. cost. Pretend, for a moment, the Re- thrift of our people and the returns for their Of course, everyone recognizes the publicans agreed to go along with all risk-taking. The production of America is President is a very good campaigner. those taxes and all that spending. What the possession of those who build, serve, cre- We all acknowledge his skill in that ate, and produce. do you think he would demand the next area. He will be doing more of that time and the time after that? Of He didn’t say the substance of our today down in North Carolina. course, more taxes and more spending. Nation is built on profits gleaned from A State of the Union Address should And we all know Washington uses tax shipping jobs overseas. He didn’t say be about something bigger. Instead of increases to fund even more spending the prosperity of America is the posses- dividing Americans, it should unite on things such as robosquirrels and sion of investment banks or wealthy them. Instead of inflaming passions, it Solyndra, not to reduce the deficit. oil companies alone. Rather, he said, should show what is possible when the That is what history shows us. It is our substance and prosperity are two parties actually work together. how we got in this mess in the first earned in factories, mills, farms, and I am glad he mentioned things such place. shops. The rewards belong to all those as expanding trade opportunities with So we are not going to play the who build, serve, create, and produce— Asia and Europe. That is an area where Washington game. The stakes for not only to the few strong enough or we can cooperate, and I look forward to American families are too high to keep rich enough to take for themselves. working with colleagues from both par- taking the easy way out, with more It is time to return to those roots. It ties to do just that. taxes and more wasteful spending. Re- is time to remember fairness is not just Overall, I am disappointed. I am es- publicans believe taking on this mas- a principle for which to strive but a pecially disappointed he chose not to sive burden of debt should be more im- powerful engine of growth and pros- seriously address the transcendent portant in this town than winning the perity for all Americans. issue of our time, which is finding a next election. That is why we need f way to control our spiraling debt be- commonsense reforms, such as a bal- fore it controls us. If we don’t do that, RECOGNITION OF THE MINORITY anced budget amendment. All Repub- we will not be able to leave our chil- LEADER licans support it, and Democrats dren the kind of country our parents should too. But we won’t get anywhere The ACTING PRESIDENT pro tem- left us; that is, a goal all of us should as a nation if the President refuses to pore. The Republican leader is recog- share. lead. We just can’t. So the question is, nized. Take the Obama sequester as just Will he lead or will he continue this f one example. The President had a endless campaign? chance last night to offer a thoughtful I want to end on a positive note, so I STATE OF THE UNION alternative to his sequester, one that would like to point out that there were Mr. MCCONNELL. I would like to say could reduce spending in a smarter areas of agreement last night, and I a word about last night’s State of the way. That is what Republicans have particularly appreciated the Presi- Union. To me, at least, the occasion been calling for all along, and it is the dent’s reference to Burma. And Sen- cried out for bold and courageous lead- kind of thing the House has already ator RUBIO did a great job with the Re- ership from a reelected President who voted to do not once but twice. We publican address. I hope the President

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.002 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S665 will actually listen to some of the during his first term—$5.8 trillion. He Texas turn a $5 billion deficit during things Senator RUBIO said, and I hope wants us to forget our gross national the recession into an $8.8 billion sur- he will come back to Congress with debt is now larger than our entire plus. These are the policies that made some different ideas. We can get impor- economy—100 percent of our gross do- our State a robust engine of job cre- tant things done in his second term, mestic product. He wants us to forget ation that is attracting Americans and if he is ready to come to the cen- the debt is projected to grow even fur- from all across the country. The total ter, to the political center, we will. ther, to $26 trillion, by 2023; and he number of jobs in Texas since 1995 has Madam President, I yield the floor. wants us to forget his health care bill grown at the rate of 32 percent. When f will increase taxes by $1 trillion over we compare that with the rate of the next 10 years. He wants us to forget growth of jobs in America nationwide, RESERVATION OF LEADER TIME America’s credit rating has been down- we see it is 12 percent—32 percent to 12 The ACTING PRESIDENT pro tem- graded for the first time in our history. percent. That is not an accident. pore. Under the previous order, the He also wants us to forget we have Texas is also a leader in the creation leadership time is reserved. been suffering through the weakest of high-paying jobs. Between 2002 and economic recovery since the Great De- 2012, our State accounted for close to f pression, as well as the highest, longest one-third of all U.S. private sector job MORNING BUSINESS period of high unemployment since the growth in industries that pay more The ACTING PRESIDENT pro tem- Great Depression. than 150 percent of the average wage, He wants us to forget that nearly 4 pore. Under the previous order, the even though we have only 8 percent of out of every 10 unemployed Americans Senate will be in a period of morning America’s total population. have been jobless for at least 6 months. Last night the President talked business, with Senators permitted to He wants us to forget that the average about, How do we get middle-class peak therein for up to 10 minutes each, family median income has fallen by wages up? His prescription was an in- with the Republicans controlling the nearly $2,500 since the official end of crease in the minimum wage, but I say first 30 minutes and the majority con- the recession. He wants us to forget why don’t we look at ways to achieve a trolling the second 30 minutes. that the cost of health insurance for maximum wage by creating private Mr. MCCONNELL. I suggest the ab- the average American family has in- sector, high-paying, good jobs, as we sence of a quorum. creased by more than $2,300. And he have been successful in doing in Texas The ACTING PRESIDENT pro tem- wants us to forget that as part of the and as a few other States have done as pore. The clerk will call the roll. fiscal cliff negotiation, the payroll tax well. The legislative clerk proceeded to went back up, taking an additional bite After 4 years of trillion-dollar defi- call the roll. out of the check of middle-class work- cits and historically high unemploy- Mr. JOHANNS. Madam President, I ers. ment—right now our unemployment ask unanimous consent that the order Last night President Obama said we rate is roughly 7.9 percent, but that for the quorum call be rescinded. should ask ourselves three questions doesn’t really account for all of the The ACTING PRESIDENT pro tem- every day—those of us with the privi- people who have since given up looking pore. Without objection, it is so or- lege of serving here in the Nation’s for work, and it is estimated that more dered. Capital in the Congress and in the ad- than 20 million Americans either are (The remarks of Mr. JOHANNS per- ministration. He said: No. 1, how do we out of work or they are working part taining to the introduction of S. 317, S. attract more jobs to our shores? No. 2, time when they would like to work full 318, S. 319, and S. 320 are printed in to- how do we equip people with the skills time, but they can’t find those kinds of day’s RECORD under ‘‘Statements on In- they need in order to get those jobs? jobs. troduced Bills and Joint Resolutions.’’) And No. 3, how do we make sure hard I believe it is time for the President Mr. JOHANNS. Madam President, I work leads to a decent living? I may and this Congress to try a new ap- yield the floor and I suggest the ab- have my differences with President proach. The great thing about our sys- sence of a quorum. Obama on a number of policies, but I tem of government—of shared sov- The ACTING PRESIDENT pro tem- actually think those are really good ereignty between the States and the pore. The clerk will call the roll. questions. National Government—is that we have The legislative clerk proceeded to If the President is truly serious essentially laboratories of democracy call the roll. about finding the answers to those all around our country where we can Mr. CORNYN. Madam President, I questions, this may not surprise my try different things to see what works ask unanimous consent that the order colleagues, but he need look only to and what does not work. I only hope for the quorum call be rescinded. the model reflected in my home State the President and Congress will look at The ACTING PRESIDENT pro tem- of Texas. those places around the country where pore. Without objection, it is so or- I ask unanimous consent to have the policies actually work in creating dered. printed in the RECORD an article enti- jobs and economic growth. f tled ‘‘The Texas Growth Machine’’ at I believe it is time for the President the end of my remarks. to embrace policies that will encourage A CASE OF AMNESIA The ACTING PRESIDENT pro tem- private entrepreneurship, private sec- Mr. CORNYN. Madam President, pore. Without objection, it is so or- tor job creation, income growth, and after listening to President Obama’s dered. greater domestic energy production. In State of the Union speech last night, I (See exhibit 1.) short, it is time for him to embrace the was left scratching my head. Essen- Mr. CORNYN. The fact is our State Texas model. tially, the President wants us to pre- relies on a simple economic model the EXHIBIT 1 tend the last 4 years never happened. Federal Government could emulate if THE TEXAS GROWTH MACHINE He wants us to pretend his economic it would like to have similar positive (By Wendell Cox) policies have delivered a strong recov- results: lower taxes, limited govern- The American economy has had little to ery from the recession of 2008; he wants ment, sensible regulations, and cheer about since the 2008 financial melt- us to pretend his administration has progrowth energy policies. down and the resulting recession. Recovery made real progress on reducing the na- I know the occupant of the chair has been feeble, and many states continue to tional debt; and he wants us to pretend comes from a State that I believe is the struggle. One bright spot in the general that more taxes, more spending, and second largest producer of oil and gas gloom, however, is Texas, which began shin- more debt are the key to middle-class in the country—second only to Texas— ing long before 2008. Not only has Texas cre- prosperity. In other words, the Presi- and I know the Presiding Officer has ated jobs at a stunning rate; it has also— pace critics like the New York Times’s Paul dent is hoping we all have a case of am- seen the economic engine that is cre- Krugman—created lots of good jobs. Indeed, nesia. ated when we unleash our potential the rest of the nation could turn to the Lone He wants us to forget about $5.8 tril- when it comes to our energy resources. Star State as a model for dynamic growth, lion in new debt that was racked up These are policies that recently helped as a close look at employment data shows.

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.004 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S666 CONGRESSIONAL RECORD — SENATE February 13, 2013 The first thing to point out is that Texan fits from increased trade with Mexico under agenda, the plans, and what we hope to job creation has far outpaced the national the North American Free Trade Agreement, achieve in Washington during the average. The number of jobs in Texas has grew 3.7 percent. Job growth in economically course of the next year. grown by a truly impressive 31.5 percent diverse Houston has matched or exceeded the There were many elements in the since 1995, compared with just 12 percent na- state rate since 1995. tionwide, according to Bureau of Labor Sta- What accounts for the resilience of the President’s State of the Union Address tistics data. Texas has also lapped Cali- Texas economy, which has outperformed the last night. There was one in particular fornia, an important economic rival and the rest of the country not only over the long I was struck by. He talked about estab- only state with a larger population. The term but during the Great Recession as well? lishing a college scorecard. He talked Texas employment situation after the finan- A pro-business climate has unquestionably about the challenges families are fac- cial crisis was far less spectacular, of course, been a substantial advantage. In its annual ing across America paying for college with the number of jobs growing just 2.4 per- ranking of business environments, Chief Ex- education. It has become an enormous cent from 2009 through 2011. But that was ecutive has named Texas the most growth- expense. It is the fastest growing debt still six times the anemic 0.4 percent growth friendly state for eight years in a row. (Cali- rate of the overall American economy. fornia has been last for the same eight in America—$1 trillion in student loan The National Establishment Time-Series years.) The reasons included low taxes and debt. (NETS) Database, which provides detailed sensible regulations; a high-quality work- Sadly, many students are getting in information on job creation and loss for force (Texas ranked second only to Utah in too deeply. They are getting too far in firms headquartered in each state, can tell that category in 2012); and a pleasant living debt, and they may not be able to get us more about Texas’s employment growth. environment (an eighth-place finish, slightly a job to pay it back. Many students are NETS data are divided into two periods—the below sixth-place Florida but, perhaps sur- defaulting on those loans because they first from 1995 to 2002, the second from 2002 prisingly, far better than 28th-place Cali- to 2009. During the 2002–09 period, small busi- don’t have an income. Sometimes their fornia). parents help them go to college and nesses of fewer than ten employees were the Part of the explanation for the high living- Texas employment engine, adding nearly environment score is doubtless Texas’s low sign the papers. Sometimes the efforts 800,000 new jobs; of those, about three-quar- cost of living. In 2011, the U.S. Bureau of to collect the money go beyond the de- ters were in firms with two to nine employ- Economic Analysis put Texas’s ‘‘regional faulting student to the parents—in ees. Larger Texas companies—those with 500 price parity,’’ a measurement of the price fact, sometimes to grandparents. or more employees—lost a significant num- level of goods in an area, at 97.1, a bit lower There was a case reported of a grand- ber of jobs over this span, and medium-size than the national level of 100 and far lower firms likewise shrank, trends that also mother who wanted to help her grand- than the California level of 114.8. Adjusted daughter, so she signed the student showed up on the national level. for cost of living, Texas’s per-capita income Bureau of Labor Statistics data shows that loan application. The granddaughter is higher than California’s and nearly as high many of the new Texas jobs paid well. In- as New York’s. Factor in state and local didn’t get a job, perhaps didn’t finish deed, Texas did comparatively better than taxes, and Texas pulls ahead of New York. school. There came a time when, in col- the rest of the United States from 2002 More than three-quarters of the cost-of-liv- lecting the student loan, they actually through 2011. For industries paying over 150 ing difference between Texas and California garnished the Social Security check of percent of the average American wage, Texas can be explained by housing costs. Texas could claim 216,000 extra jobs; the rest of the the grandmother. That is the most ex- mostly dodged the real-estate bubble of the country added 495,000. In other words, the treme case I have heard. 2000s: the affordability of houses in large Lone Star State, with 8 percent of the U.S. When it comes to indebtedness and metro areas spiked in America as a whole population, created nearly a third of the student loan default, there are dif- but rose only modestly in Texas. A major country’s highest-paying positions. Texas ferent categories of debt. Some stu- reason that Texas real estate is so affordable also added 49,000 positions paying 125 percent is that the state lacks the draconian land- dents are lucky and don’t have to bor- to 150 percent of the U.S. average; the rest of use restrictions that drive California housing row a penny. Most do, and those who the country lost 174,000 jobs in that category. prices into the stratosphere. The affordable borrow money, we find, borrow the low- Two sectors in which Texas employment did housing attracts both people and businesses. est average amount from public univer- particularly well during the same period Since 2000, 1 million more people have moved were natural-resource extraction (in fact, sities—community colleges and public to Texas from other states than have left. the state gained 80 percent of all new jobs in schools. Next come private universities All these considerations suggest that the country in that field) and professional, and then a special category—the for- Texas is poised for further growth. And a scientific, and technical positions. Both job profit colleges. This is an incredible in- final reason for Texans to be optimistic is categories boast average wages far higher that a major expansion of the Panama Canal dustry of which most Americans are than the national overall average. As hap- will be completed in 2014. That could bolster not aware. pens whenever an economy grows, Texas also the Lone Star State’s success by rerouting When we think of for-profit schools, added hundreds of thousands of positions in Asian commerce from West Coast ports to we should remember three things, food services, health care, and other lower- Texas alternatives, which are closer to the paid fields, in addition to the more lucrative three numbers. Twelve percent of stu- nation’s major markets. jobs. Texas did lose 10,000 construction jobs, dents coming out of high school go to but that was a modest downturn, in light of Mr. CORNYN. With that, Madam for-profit schools. The biggest ones, the the massive national slowdown in building President, I yield the floor. most well-known schools, include the caused by the crisis of 2008. I suggest the absence of a quorum. University of Phoenix, DeVry Univer- Vital to the economic health of Texas is The ACTING PRESIDENT pro tem- sity, and Kaplan University. There are that people are moving to its cities in pore. The clerk will call the roll. a number of names which, when we droves. In 2011, Houston surpassed Philadel- hear them, we say: I have heard a lot phia in population and became the country’s The assistant legislative clerk pro- fifth-biggest metropolitan region, with 6.1 ceeded to call the roll. about those. They advertise a lot. million people. Dallas-Fort Worth, with 6.5 Mr. DURBIN. Madam President, I ask Twelve percent of the students com- million, was already the country’s fourth- unanimous consent that the order for ing out of high school go to those for- biggest. The two cities trail only New York the quorum call be rescinded. profit schools. However, those for-prof- City, Los Angeles, and Chicago, marking the The ACTING PRESIDENT pro tem- it schools receive 25 percent of all of first time that a single state has had two pore. Without objection, it is so or- the Federal aid to education—12 per- metros in the country’s top five since the dered. cent of the students, 25 percent of the Census Bureau began designating these areas Federal aid. Why? Because they are ex- a century ago. Meanwhile, of all metropoli- Mr. DURBIN. Madam President, I ask tan areas in the country with more than 1 unanimous consent to speak as in pensive. For-profit schools are very ex- million residents, the fastest-growing from morning business. pensive, and the tuition is high. So a 2010 to 2011 was Austin. The ACTING PRESIDENT pro tem- student, to be able to go there, may Though the national downturn has slowed pore. Without objection, it is so or- qualify for a Pell grant, which is an ac- job creation in Texas’s cities, they’re still dered. tual grant of money for students from adding jobs, sometimes briskly, unlike many f low-income families. Then, for loans other American metropolitan regions. Aus- beyond that—and it turns out that 25 tin’s strong information-technology sector FOR-PROFIT COLLEGES and government-related work (the city is percent of all of the Federal aid to edu- Texas’s state capital) helped propel 4.3 per- Mr. DURBIN. Madam President, the cation goes to for-profit colleges that cent job growth from 2009 through 2011 (and President’s State of the Union Address have 12 percent of the students. 15.3 percent growth from 2002 through 2009). is an annual event where each Presi- That is not the most important num- The number of jobs in McAllen, which bene- dent comes forward, talks about the ber to remember—not 12, not 25, but

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.008 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S667 this final number: 47 percent of all the bankrupt. You start over, wipe the is time to move on to another college student loan defaults come out of for- slate clean. or university, and you will move on to profit schools, which means that stu- Not a lot of people do that, but when that third year of college without a lot dents who start at those schools either things get really bad, they have to. of debt. Start at a community college. don’t finish and then can’t pay back Guess what. When it comes to student Ramon ended up at a community col- their loans or finish and can’t find a loans, they are not dischargeable in lege finally trying to get the education job to pay back their loans. For-profits bankruptcy. The debt that a 19-, 20-, the for-profit school failed to give him. schools, 47 percent of the student loans and 21-year-old student signs up for is a He says he wishes he had known that default. debt for life. They pay it back forever— at the beginning—starting at that com- The stories are heartbreaking. Imag- until it is paid. So these are serious munity college instead of the Amer- ine, 19, 20, 21 years old, papers are debt obligations, and it is hard to ican Intercontinental University. being shoved across the desk in the fi- imagine that many young people with- Then, he says, he would have received nancial office at a for-profit school, out a great deal of life experience real- the same education but without $90,000 and a student is basically told: Well, ly know what is too much debt, really of debt. you can start school next week; all you know whether that school is any good. Why does he have so much debt? Ac- have to do is sign up for these loans. Let me tell you a story of one stu- cording to a recent committee report What is a student to think? I have dent. in the Senate, the American Inter- been told my whole life to go to col- Ramon Nieves attended the Amer- continental University costs 250 times lege. Mom and dad are counting on me ican Intercontinental University, a for- more than a nearby community col- to go to college. This is the way to get profit college owned by Career Edu- lege—250 times more. a good job. I will sign up. I want to cation Corporation. Like many who at- Federal student aid cannot cover the start. tend for-profit colleges, Ramon was the tuition costs, so students are forced to What the student doesn’t know is first person in his family to go to col- turn from Federal student aid, govern- whether that school is worth the lege. The recruiters at these for-profit ment loans, which are low-interest money. How could they know? I think schools look for these students. loans, to private student loans, which back to those days when I started col- Without guidance from his family—a are high-interest loans. Some students lege. I hate to go back that far in time, family that had no experience with col- do not know, as they are sitting there, but I didn’t know whether borrowing lege—he trusted the school when they the differences between a 3.2-percent $1,000 in those days was a good idea or advised him about student loans. He annual rate of interest and an 18-per- a bad idea. I knew a lot of my fellow said the school just told him to sign his cent annual rate of interest, and that students were borrowing. But now stu- name. That is all he had to do. They can be the difference between a govern- dents are getting in much more deeply. never explained the difference between ment loan and a private loan. To put it in shorthand from someone It isn’t just $1,000 or $5,000 or even the kinds of loans that students could who has paid off loans, the higher the $10,000. At the end of the day, it turns take out; that there are government interest rate, the more your monthly out to be much, much more. loans, Federal loans, and then there payment is going to the bank rather I have come to the floor a number of are loans from private financial insti- than reducing the amount of money times to tell the stories about these tutions. He was never told what his you owe. for-profit schools to warn students and balance would be—how much he owed— Federal student aid cannot cover the their families to be careful. Some of or what he could expect his monthly tuition costs. The private loans are these schools are good; many of them payments to be when it was all over. signed up for, and they do not come are awful—just plain awful. He signed up. He wanted to get start- with any consumer protections. Gov- Last night the President said he ed with college. And he kept signing ernment loans do. Government loans wanted to create a college scorecard. I and signing, semester after semester, allow you to consolidate. Sometimes want to hear more. I hope there will be year after year, until he graduated. He they take into consideration the job a scorecard and a Web site, maybe, graduated from this for-profit school you end up with in life. Sometimes where students—high school students with $90,000 of debt—$90,000. there is forgiveness of government stu- or others across America—can take a He works several jobs, almost 80 dent loans. It is a much more flexible, look at every college opportunity, not hours a week, so he can pay his month- low-cost program than private student just their pretty catalogs or their great ly student loan payments, which are loans. Web sites but to find out how many of $1,000 a month, right off the top. Sometimes students will need private these students who graduate from this His student debt is a constant burden student loans, but for-profit colleges college actually get a job, and those for him and his family. He owns a are using these private student loans who get a job, how much do they actu- home, and he thinks he is going to lose for another important reason to them. ally get paid. Of the students who bor- it because of the student loans. He de- For-profit colleges encourage students row money to go to this college, how cided to try to file for bankruptcy be- to take out private loans, at least in much do they borrow? How many of cause he was in debt so deeply, but he part, because private loans allow these them fail to make the payments on learned the hard way that the bank- schools to continue to get more Fed- their student loans later in life? ruptcy court cannot help him when it eral funds. It is a complicated formula, Oh, there is one important thing I comes to student loans. but in order to get the maximum left out. Here is what you are going to Ramon says he wishes he had not amount of Federal dollars, the for-prof- learn about loans to students. They are gone to college at all; that he was bet- it schools push kids into private loans different than other types of loans. You ter off before he got that deeply in even when they are still eligible for the see, if I decide to buy a home and a car debt. Now he is at a community col- better government loans. and a boat and then lose my job and go lege—a community college—trying to The rule I am talking about is the 90/ broke and cannot pay them back, get an education because the $90,000 in 10 rule which requires for-profit col- under the most extreme cases I can go the for-profit college turned out to be a leges to receive at least 10 percent of to court and put all my debts on the waste of time. He is now where he their revenues from sources other than table in front of a judge and say: Here should have started. the Federal Government—10 percent of is all the money I owe and here is all Students who are not sure, start at a their revenues from sources other than the money I have. I do not know where community college. You are near the Federal Government. to turn—and go through something home. You can commute. They offer a If you took the Federal money we called bankruptcy. lot of options. They are not expensive. send to for-profit schools in America— In bankruptcy, the judge says: Well— You will learn a lot about yourself, roughly $32 billion a year—if you took let’s say you have $10,000 in the bank about your education, and your dreams that money and translated it into a and you owe $50,000. You are going to by sitting in those classrooms and Federal budget, for-profit colleges in lose your $10,000. You cannot pay back going through community college America would be the ninth largest the $50,000, but you no longer have an courses. After a year or two, if it Federal agency—$32 billion going to obligation to pay it. You are judged sounds right and feels good for you, it this sector of the economy.

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.009 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S668 CONGRESSIONAL RECORD — SENATE February 13, 2013 When they push the kids into the pri- These schools that leave these kids sure we are sensitive to student loans, vate loans that are not as good, not as high and dry break my heart. Every student indebtedness, that we hold col- generous, much more expensive, that time I fly out to O’Hare Airport, on the leges and other training institutions covers the 10 percent they have to Kennedy Expressway in Chicago, right accountable for what they are doing to come up with in real money as opposed before I get to the Cumberland exit, I and for students—it is time for us to to government money. It means that 90 look up at one of these office buildings, turn the page and join the President. percent of the revenue of these ex- and up there in big, bold letters is The President’s speech last night is a tremely profitable schools comes right ‘‘Westwood College.’’ Wow, the campus challenge to all of us on both sides of out of the Federal Treasury. of Westwood College. the aisle, both sides of the Rotunda, to Even though for purposes of this rule I know a little bit about that college. take this student debt crisis seriously. Federal revenue includes only funds I have met students who have gone to Madam President, I yield the floor from the Department of Education’s that college, and let me tell you, I and suggest the absence of a quorum. Federal student aid programs—GI bill want to put a sign right under there The ACTING PRESIDENT pro tem- funds, for example, are not even consid- that says, ‘‘Please Avoid This Ripoff.’’ pore. The clerk will call the roll. ered Federal funds—many for-profit A young lady who went to Westwood The assistant legislative clerk pro- schools are close to 90 percent of their College testified in Chicago. She ceeded to call the roll. revenue coming from the Federal Gov- watched a lot of shows on TV about fo- Mr. REID. Mr. President, I ask unan- ernment. If you add in GI bill funds, rensic criminal investigation, and she imous consent that the order for the sometimes it is closer to 100 percent. wanted to get into criminal investiga- quorum call be rescinded. Where is the accountability? If these tion. She signed up at Westwood Col- The PRESIDING OFFICER (Ms. schools are dragging kids deeply into lege. It took her 5 years to finish. BALDWIN). Without objection, it is so debt, if the kids are defaulting at rates When she finished, she had a debt of ordered. twice as fast and twice as serious as $90,000. But she wanted a degree in law f those going to public and private enforcement. She wanted to be on CSI schools, where is our responsibility? in the real world. Guess what hap- UNANIMOUS CONSENT AGREE- How is a student—a high school stu- pened. She went to every law enforce- MENT—EXECUTIVE CALENDAR dent in Illinois or in North Dakota— ment agency in the Chicagoland area, Mr. REID. Madam President, I ask supposed to know whether that Web and they pushed it back and said: unanimous consent that at 2 p.m. site about that college is true? Westwood is not a real college. You today the Senate proceed to executive How would they know when that have wasted your time—5 years—and session to consider Calendar No. 8, the school says ‘‘we are accredited,’’ that your money. nomination of William J. Kayatta, to the accreditation is phony? Most of Here she sits now living in her par- be circuit judge for the First Circuit, these for-profit schools belong to an or- ents’ basement at a time in life when with 30 minutes for debate, equally di- ganization that accredits all the she thought she would be starting her vided in the usual form; that upon the schools that are for-profit schools. own career, her own life. What is she use or yielding back of time, the Sen- They take care of one another. They doing? She is paying back a loan for a ate proceed to vote without inter- ignore the obvious when these schools worthless education from Westwood vening action or debate on the nomina- are failing the students and their fami- College. tion; the motion to reconsider be con- lies. I have been after these folks for a sidered made and laid on the table, The Federal aid is keeping the doors long time. They exploit these kids day with no intervening action or debate; open for these for-profit schools. Can in and day out. Sadly, we subsidize that no further motions be in order; we afford that? Can we afford to get them. We send them millions of dollars that President Obama be immediately students across America deeply into in Federal funds to continue this ex- notified of the Senate’s action, and the debt for a largely worthless education? ploitation of students. Senate then resume legislative session. Do we have that much money sloshing This has to come to an end. This is The PRESIDING OFFICER. Is there around here in Washington when it not the kind of thing we need to en- objection? comes to helping students get through courage if America is going to have Without objection, it is so ordered. school? well-educated and trained students so Mr. REID. Madam President, I sug- That is why the President’s state- they have good lives and America con- gest the absence of a quorum. ment last night about student debt, tinues to prosper. The PRESIDING OFFICER. The about the rising college costs, and a One of my colleagues, Senator TOM clerk will call the roll. scorecard for colleges and universities HARKIN of Iowa, has been a leader on The legislative clerk proceeded to is right spot on. It is time we tell fami- this issue. As chairman of the HELP call the roll. lies across America the truth about Committee, he has had hearings on for- Mr. COATS. Madam President, I ask colleges and universities, and it is time profit schools, and I commend them to unanimous consent that the order for for those same colleges and univer- anyone interested in this subject. Take the quorum call be rescinded. sities to wake up to a reality. The re- a look at TOM HARKIN’s hearings. I The PRESIDING OFFICER. Without ality is the sky is not the limit when it could go on for a long time—TOM could objection, it is so ordered. comes to the cost of higher education. too—about the schools across America f I have talked to a number of them— that are exploiting students. respected institutions—that give good We owe it to the students to tell STATE OF THE UNION REACTION degrees, good diplomas, and I have told them the truth. We owe it to their par- Mr. COATS. Madam President, last them the same thing: You just cannot ents. And we beg teachers and high night President Obama had the oppor- keep raising the cost of higher edu- school counselors and others, who real- tunity to present to the American peo- cation. Middle-income families, work- ly care about young people: Look long ple a plan envisioned for how he plans ing families do not have a chance. and hard at these for-profit schools be- to strengthen the state of our Union. Madam President, $20,000, $30,000, fore you recommend them to a student. While I am pleased he finally turned $40,000 a year to go to school? It is just I encourage all my colleagues to take his focus back to the ongoing jobs cri- something that ordinary families can- a look at legislation that TOM HARKIN sis in our country, I was left feeling not even consider. and I have introduced. We are trying to disappointed and frustrated that the Congress needs to act now to stop drop the Federal subsidy to these for- President continued to call for higher this for-profit school industry from ex- profit schools just a small bit. It will taxes to pay for more and more govern- ploiting students and their families be hard to do. These for-profit schools ment spending. and taxpayers. Why we are spending so are pretty powerful in Washington. But I don’t believe the President ac- much money—money we can no longer if we are going to do our job to protect knowledges—or at least he didn’t last afford—to subsidize these highly profit- families and students across America— evening—the seriousness of our debt able schools is beyond me. I cannot ex- following the President’s lead from his and fiscal crisis. We are nearly $16.5 plain it. State of the Union address to make trillion in debt, and $6 trillion of that

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.010 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S669 debt is from the President’s spending what it takes to help. But Hoosiers and facts. Do the math, do the arithmetic. over the last 4 years—and he now has 4 the American people are not willing to This is not ideological. This is not Re- more years to go. be enablers to Washington’s spending publicans versus Democrats, liberals Yet rather than tell the American addiction. They want to see their law- versus conservatives. This is pure num- people specifically how he will reduce makers and this administration reform bers, pure math. It is an unsustainable this unsustainable debt, he once again the outrageous, out-of-control spend- course, and it is going to result in a pulled out the same tired playbook and ing, not continually call for higher massive decrease in benefits for those made it clear his basic fiscal plan is taxes to pay for greater spending com- who pay into those programs over a ever higher taxes. It’s almost an obses- ing out of Washington. lifetime or a massive increase in taxes sion with tax hikes and telling the I have to say I was somewhat encour- on those who have to have that de- American people: You are just not aged that the President mentioned he ducted from their paychecks and put taxed enough, when we are practically was willing to make modest reforms to into these programs in order to keep taxed to death. When you add not just programs like Medicare. Both Repub- them solvent. the Federal but the State and the local licans and Democrats, including the We have to deal with that problem and the sales and the excise and gaso- President, agree that Medicare, Med- and deal with it now. We should have line and the entertainment and all the icaid, and Social Security represent been dealing with it years ago. We have other taxes that American people pay the biggest portion and ever-growing seen this train wreck coming, and it is in their daily lives, it cuts into their percentage of government spending. getting ever closer. Now it is time for paycheck in a very significant way The nonpartisan Congressional Budget the President, having recognized the each week. The real question is, Is the Office recently reported that spending need to address this issue—now is the solution to our problems more taxes on on Medicare, Medicaid, and Social Se- time that he needs to show the Amer- the American people? curity and the interest on the debt for ican people he is willing to lead, not Mr. President, you got your taxes in that spending will consume 91 percent from behind but from the front, and the fiscal cliff debate. You had cam- of all Federal revenues in 10 years. offer a specific plan to reform and paigned for this and you won the elec- That, then, takes all the wind out of strengthen our health and retirement tion. These tax levels were going to ex- our sails in terms of those necessary security programs. The President said the sequester—the pire and hit every American with a functions of the Federal Government, across-the-board cuts where everyone massive tax increase. We clawed back a such as preparing adequately for our gets nicked—is a terrible idea. It is his significant amount of that to protect national security and defense and a terrible idea, and it is not the best way the majority of Americans. But you number of other things the Federal to address our spending plight. It is not got your taxes, Mr. President. Now is Government is involved in that are es- the best way to deal with this because the time to address the other side of sential functions. But with mandatory it basically assumes that every pro- the so-called balanced approach that spending eating up, in 10 years, 91 per- gram is of equal value, that what is you have been promising: spending re- cent of all we take in, we still are not spent to provide security for the Amer- ductions. going to have the ability to pay for Sadly, last night gave us no indica- ican people by having an adequate and those programs. strong military is at the same level as tion that the President is committed With 10,000 baby boomers retiring some program that has been proven to leading on this critical issue and fix- every day, we know the status quo is years ago to be totally dysfunctional ing our economy and, more important, unsustainable. We cannot afford to and efficient. But they would both get getting more people back to work. continue the way we are. These pro- Instead of detailing a plan to reduce cut. grams are in jeopardy. We are not try- I will be laying out a number of the record-high debt, he outlined a lib- ing to take away the programs, we are things, as others have—like Senator eral laundry list of new government trying to save the programs. They are COBURN to highlight some of those pro- programs and initiatives. I could al- in jeopardy, though, if we do not take grams that need to be reevaluated. Not most hear the sound of a cash register steps now to structure them in a way that we think all of these ought to be in the background—ka-ching, ka-ching, that will control costs and preserve eliminated or trimmed or that they ka-ching—with every new program he benefits for current and future recipi- don’t fall into an essential category in put forward. ents. terms of the role of the Federal Gov- Some of these ideas were worthy Hard-working Hoosiers and millions ernment but there are several pro- ideas, but we cannot afford them. How of Americans have spent a lifetime grams that nonpartisan agencies, such are we going to pay for them? What is paying into these programs, and they as the General Accounting Office, or the result? The President said in a rely on the health and security benefits even the President’s own Office of Man- most disingenuous way that none of they receive from them. But these ben- agement and Budget have rec- these initiatives would add a dime to efits will not last if we ignore the facts ommended, are not worthy of the sup- the already unsustainable debt. If they about the current fiscal status and in- port they receive because they are not do not add a dime to the debt and you solvency these programs are careening an essential function or they are even are proposing all kinds of programs toward and do nothing. I was glad the dysfunctional programs altogether. that are going to cost a lot of money, President at least acknowledged that We do not have to delve into the there is only one way you can pay for we need to make modest reforms. I across-the-board sequester, which we them, and that is to raise taxes—either think we can do that. have no choice but to do now because that or to continue to borrow money The reason we are dealing with this we failed to live up to what we needed and put us in an ever-deeper hole of across-the-board sequester and the rea- to do—and I will be talking about that debt, more obligated to our creditors son we are talking about potential cuts later, as I said. with each day that goes by. that have to be made is we have not I urge us to focus on fixing the coun- Hoosiers and Americans across the had the courage and the will to stand try’s fiscal health. We do not do that country are taxed enough. Washington up and recognize and acknowledge that by raising taxes, we do it by enacting cannot keep asking hard-working it is the mandatory spending reforms broad spending reforms. We do it by re- Americans to dig deeper and pony up that will put us in a place of fiscal ducing our debt. We do it by creating a more money so that the Federal Gov- health so we can continue the effective budget so we can live within our ernment can spend more. The Amer- and essential functions of the Federal means. And we do it by promoting ican people no longer are falling for Government. growth, growing our economy. A grow- that. Hoosiers tell me they want to do According to the International Mone- ing economy can solve a lot of prob- their part to restore the fiscal health tary Fund, to cover current obligations lems and get a lot of people back to of this country. They want to do their for Social Security, Medicare, and work. This is how we strengthen Amer- part to help America become a better Medicaid, our younger generation—our ica, and this is how we get Americans place and a more prosperous nation for young people—will either have to pay back to work. their children and their grandchildren. 35 percent more taxes and receive 35 It is time we get to work and accom- They are willing to step up and do percent lower benefits. Those are the plish this task that lies before us now,

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.015 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S670 CONGRESSIONAL RECORD — SENATE February 13, 2013 not later—no more deferrals, no more that, promises. Those promises were They didn’t favor adding border agents. pushing it down the road. It is time to not kept, and as a result what hap- There was a vote for border agents— step up now, as the President said, put- pened with that model? The problem of and I remember speaking about it—but ting the interest of our country ahead 3 million illegal aliens didn’t go away they never produced the money. So we of our own personal political interest, and was not solved once and for all. It authorized border agents. People said rising above the political to do what is quadrupled and became the present they were for border agents, but they right for America. problem of 11 or 12 million—or more— would not vote for the money to sup- That is the challenge, and, Mr. Presi- illegal aliens. That is the fundamental port that. We had a big discussion and dent, we need your leadership. concern I have with most of the so- debate about that, and eventually we I yield the floor and suggest the ab- called comprehensive proposals being added some border agents. That has sence of a quorum. put forward. That is the fundamental helped, but the problem is not fixed. The PRESIDING OFFICER. The concern of Louisianans I talk to every Internally, this administration has clerk will call the roll. day. systematically dismantled enforce- The legislative clerk proceeded to We want to solve the problem. We ment inside the United States. Chris call the roll. don’t want to perpetuate it, much less Crane, who is head of the Immigration The PRESIDING OFFICER. The Sen- quadruple it. I think it is important to and Customs Enforcement Union, is a ator from Louisiana. discuss alternative, more effective, marine and a great guy. The ICE union Mr. VITTER. Madam President, I ask more workable approaches. I have sev- has unanimously voted no confidence unanimous consent that the order for eral ideas about what those approaches in John Morton, the head of the ICE the quorum call be rescinded. might look like, and, in fact, I am in- Department. They have sued the ICE The PRESIDING OFFICER. Without troducing a package of immigration Department because Morton blocked objection, it is so ordered. bills today. I will talk about that fur- them from doing their sworn duty to Mr. VITTER. Madam President, I ask ther, but I certainly want to recognize enforce the law. unanimous consent to enter into a col- and thank my good friend and col- Today I asked Crane if he had ever met with Secretary Napolitano. Chris loquy with my Republican colleague league, Senator SESSIONS from Ala- from Alabama, as well as any other bama, for joining me on the Senate testified about the bad morale that ICE Members who may join us. floor today. agents have. A little over a year ago I The PRESIDING OFFICER. Without Mr. SESSIONS. I thank the Senator asked Secretary Napolitano about the objection, it is so ordered. for his leadership and in-depth study bad morale that ICE agents have. Crane said he had never met her and f and knowledge about how these laws are working—and really not working— has never shaken hands with her. At IMMIGRATION POLICY in America today. this point, we don’t have the kind of Mr. VITTER. Madam President, Sen- I just left a hearing in the Judiciary commitment in law enforcement that I ator SESSIONS and I take to the floor to Committee. The chairman of that com- think gives the American people con- talk about immigration, which is obvi- mittee, Senator LEAHY, basically said— fidence that we are moving forward on ously a very important and very hot referring perhaps to me—they want en- the right path. topic. The first point I would like to forcement first, but it seems they don’t Finally, I would just share with the Senator that I do think that means make is just a simple statement and have any interest in amnesty—or this is no sure thing. People are aw- suggestion. There has been a lot of ac- words to that effect. I would say the fully confident that as long as some big tivity and a lot of discussion about im- American people’s view is exactly the names are on the bill, it is just going migration in the Senate and in the opposite. What the American people Congress and Washington, DC. If we to pass. I am not confident that is so. have been asking for and what they are Mr. VITTER. I thank the Senator, merely listen to a lot of beltway, so- afraid of is that we will have a deal and I certainly agree. Again, the funda- called mainstream reporting about like 1986 where the amnesty provisions mental issue is, Is the model that has this, they would give the impression become law and were immediately ap- been tried before really going to that there is near universal consensus plied, but the promises of enforcement work—an immediate amnesty with around a model we have tried before, never occurs. So I believe that is a dan- promises of enforcement? Unfortu- which is a so-called comprehensive ap- ger again. nately, history is littered with exam- proach. It feels to me so much like 2007 when ples of that exact model failing and First, I don’t think there is anything I, Senator VITTER, and others engaged those promises of enforcement never near universal agreement. I don’t think and asked tough questions about the being kept. there is consensus. I think there are legislation which really resulted in its What do I mean by that? I mentioned real questions and concerns among failure because it would not have done 1986, which is the biggest historical ex- many of us in the Senate and in Con- what the authors of it said it would do. ample: An immediate amnesty where gress but, much more importantly, in So for 30 or 40 years the American peo- we are going to get serious about en- America and the real world. ple have said: End the lawlessness. forcement, we will never have to look I think those fundamental concerns That is what they have asked of us back, and we will have to do this once. come down to one thing; that is, we first. They will work a way to be com- We will solve the problem. have tried this so-called comprehensive passionate if the lawlessness has ended, Of course, it didn’t solve the problem; approach before. We have tried pro- but that has not happened. it quadrupled the problem. There were posals that marry an immediate am- In fact, in a number of ways we have 3 million illegal aliens back then. nesty with promises of enforcement. gone in the opposite direction. Im- There are 11 to 12 million illegal aliens That model has not worked before. In provement has occurred at the border now. There have been promises of a fact, it has failed miserably. in real numbers because over the last U.S.-VISIT Program with an entry- The most notable example was major several years—before President Obama and-exit system to track everyone en- immigration legislation in 1986. It was took office—we agreed to increase the tering the country and making sure the same model. It had comprehensive number of Border Patrol agents. With they exit in time. That was first prom- and immediate amnesty with promises the help of Senator VITTER, I forced ised back in 1986. Ten years later, in of enforcement. There were promises through legislation to build a fence. I 1996, Congress passed another act to re- that we will have to do this just once, am sure Senator VITTER remembers quire a fully integrated entry-exit sys- never have to look back, and the prob- that debate. tem with full implementation by 2005. lem will be solved. Of course, the prob- Now everybody talks about how we Guess what. 2005 has come and gone. It lem was not solved. It didn’t even just have a fence, and they are bragging has been 30 years since that initial continue. The problem has quadrupled. about it. It is only 36 miles of the real promise was made. We still don’t have The amnesty did happen imme- fence we asked for. I am sure the Sen- an operational and effective U.S.- diately. As soon as the bill passed, that ator from Louisiana remembers how VISIT system. virtually and immediately kicked in. they opposed every foot of it and how My colleague from Alabama men- The promises of enforcement were just they resisted it in every way possible. tioned another glaring example: the

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.016 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S671 Secure Fence Act of 2006, which we ac- reforms, to do those, and to have them full citizenship will happen ultimately, tually passed in legislation. The Secure working before we move on anything no matter what on the enforcement Fence Act of 2006 promises to achieve else. side. operational control for the entire bor- Today I am introducing a series of Mr. SESSIONS. I will conclude and der. It defined ‘‘operational control’’ as bills that fall into that targeted, step- yield to my esteemed colleague to lay ‘‘the prevention of all unlawful entries by-step approach. I do not use the word out some ideas he has to actually im- into the United States, including en- ‘‘comprehensive’’ because I think that prove enforcement so that if we get to tries by terrorists, other unlawful word is a negative. It is targeted, and the point where we can achieve a legal aliens, instruments of terrorism, nar- it is step by step. I will outline those system that operates effectively in cotics, and other contraband.’’ We have bills in a minute. America, we will know it when it hap- not achieved that. Again, I certainly want to thank and pens. We can get there. Without some In fact, we are so far from that goal, recognize the Senator from Alabama. of these provisions Senator VITTER will DHS has had to weaken the definition Mr. SESSIONS. Would the Senator recommend, I am confident we will not so it only now talks about effective from Mississippi say the enforcement get there. If people won’t support these operational control. They had to stick of immigration laws is an area—based kinds of provisions, then it raises ques- the word ‘‘effective’’ in there because on the Senator’s experience in Con- tions about whether they are serious we never had operational control. Who gress, in the House and in the Senate— about their promises to end the law- knows exactly what that means, but where the difference between the prom- lessness. GAO tried to define and tried to meas- ises of what is going to happen and I just left a Judiciary Committee ure it in a recent report. what actually happens is greater than hearing. Mr. VARGAS testified, who was In their recent report they found almost any other issue we have dealt here apparently illegally, came at the that only 44 percent of the southern with, where people are promising this age of 12. I asked him: Should a good border was under any sort of oper- and only delivering something else? Nation have a legal system that has ational control. Only 15 percent of that Mr. VITTER. Absolutely. Unfortu- clear laws, clear policies, and those is under full operational control. Even nately, that is the history, tried and laws are in force? And he said yes. So if we use the loosey-goosey word ‘‘ef- true: lots of promises. No single major there is nothing wrong, nothing im- fective,’’ we have less than one-half of promise has been kept. Whether it is moral, nothing unconstitutional for the border under that control. More the fence, whether it is the US-VISIT the American people to say we should than one-half of the border is under Program, whether it is the overall have a lawful system of immigration. what they call managed control, which promise of enforcement in 1986, none of Everybody is not able to come. You often means no control. It means a lot those promises has been kept. have to wait in line and wait your turn of almost fully unfettered, illegal Mr. SESSIONS. According to some and meet the qualifications before you crosses. news reports—to follow up on the point come. And if you try to enter illegally, Now we come to today with this de- the Senator made about sending two there will be consequences. There is bate, and the new promise: If you just messages, one promising the people one nothing immoral about that. It is only give us immediate amnesty, we are thing and the other telling special-in- common sense. It is only the right going to have this enforcement. We terest groups another thing—one re- thing to do. promise, we promise, we promise. port said Democratic Senators have as- I thank the Senator from Mississippi Again, we are concerned that we are re- sured immigration activists that the for his work on this and the ideas he living history in a negative way. so-called enforcement trigger is just a will be presenting to us. For instance, when the Gang of 8 de- ‘‘talking point’’ to give Republicans, Mr. VITTER. I thank the Senator clares they ‘‘will ensure . . . a success- who are supporting this scheme, this from Alabama for his leadership on ful permanent reform to our immigra- plan, as cover and there will not ever this issue and on the Judiciary Com- tion system that will not need to be re- be an impediment to the achievement mittee. visited,’’ that sure sounds like 1986, of amnesty. Does that make the Sen- There is, Madam President, an alter- with this one fix that we will never ator from Mississippi uneasy, that peo- native way forward, a positive, produc- have to look back. But, of course, we ple who are supposed to be speaking in tive way forward, a targeted, step-by- are looking back because the problem good faith, telling their Republican step approach that is appropriate, par- has grown. It is interesting to note colleagues and the American people ticularly given all the broken promises that the very day after the Gang of 8 they have a plan that is going to guar- of the past. announcement, there was even dis- antee enforcement while they are tell- The American people need to be con- agreement between some of the gang ing, apparently, the activists some- vinced, and who can blame them? members regarding what they an- thing quite different? Again, the landscape of this issue is lit- nounced and what they promised. Mr. VITTER. That makes me very tered with utterly broken promises. We Many of the Republican members of nervous and very uneasy. It is exactly need to rebuild that trust and rebuild that Gang of 8 emphasized that en- what Senator SCHUMER said the very that confidence, and we can only do forcement has to happen; otherwise, next day after the announcement: that in a targeted, step-by-step way. nothing else is triggered. Yet on the ‘‘We’re not using border security as an I don’t claim to have all the answers, other side of the political spectrum, excuse or a block to the path to citi- but I am introducing today seven Senator SCHUMER—also a member of zenship.’’ bills—actually, six bills, and I am join- that Gang of 8—walked back any com- Mr. SESSIONS. In other words—well, ing Senator GRASSLEY as a coauthor of mitment to fully secure enforcement the words Senator SCHUMER is saying a seventh bill—that would be impor- before citizenship happened. He said: are quite plain. I have a great deal of tant parts of this targeted, step-by-step ‘‘We’re not using border security as an respect for him. I know he wants to ac- approach. Let me briefly mention what excuse or a block to the path to citi- complish something valuable here. But those seven bills are. zenship.’’ it does seem to me he is saying, Well, First of all, the STEM Jobs Act of So there we have it. After the an- if enforcement doesn’t occur, we prom- 2013. This would make up to 55,000 visas nouncement, there is apparent incon- ise there will be a trigger and there available to qualified immigrants sistency about how serious they are will be no amnesty unless enforcement whom we need in this economy—well about ensuring enforcement, and that occurs; but if we get there and enforce- educated, qualified. We have jobs here is the fundamental question. I think ment doesn’t occur, you are still going ready for them, and it would be an that is a very legitimate concern given to get your amnesty. enormous economic boost. They would the past history. Mr. VITTER. That is what it sounds have a doctorate degree in the field of We have proposed a different path like to me. It sounds to me as though science, engineering, technology, or forward with a targeted, step-by-step the trigger is meaningless. The am- math from a U.S. doctoral institution approach to prove to ourselves and the nesty and even full citizenship—to me, and would have taken all doctoral American people that we are serious amnesty is any legal status, but they courses in the STEM field while in the about these enforcement and related are actually talking about a path to United States. We train, we educate

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.018 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S672 CONGRESSIONAL RECORD — SENATE February 13, 2013 those superqualified folks all the time automatically becomes a U.S. citizen. The Senator from Maine. and then, all too often, we send them Virtually no other country in the Ms. COLLINS. Mr. President, I am back to their native countries and world has this rule. This reform would delighted to rise in strong support of don’t allow them to remain here to get simply amend U.S. law to have the the confirmation of William Kayatta of on a pathway to citizenship and to con- same basic rule as virtually every Maine to serve on the U.S. Court of Ap- tribute, as they would, to our economy. other country in the world I am aware peals for the First Circuit. A child tax credit law. This would of. A person doesn’t automatically be- Mr. Kayatta was originally nomi- amend the IRS Code to simply put in come a citizen just because they are nated to this position more than 1 year place significant identification require- physically born here; at least one par- ago. He was approved by the Judiciary ments for the child tax credit to re- ent has to have that legal status. Committee on a bipartisan vote last quire taxpayers to provide that valid Finally, US-VISIT reform, finally, April. Unfortunately, despite his excep- ID, to cut out what is admitted to be after decades of promises, after decades tional qualifications, his nomination rampant fraud in the system. The IRS of broken promises, to require that the was stalled by election-year politics. itself and its inspector general office US-VISIT system—the biometric bor- That is finally behind us, and I am have said there is at least $1.3 billion of der check-in/check-out system first re- pleased the President renominated Mr. fraud a year in the child tax credit. quired in 1996 that is well past its im- Kayatta in January. These checks from the taxpayer, actual plementation date of 2005—be finished, I wish to thank the chairman of the checks going out to illegal recipients be done, be fully in place before any of Judiciary Committee, my colleague who do not qualify under the law, in these other triggered aspects of so- from Vermont Senator LEAHY; the some cases, dozens, allegedly, at a sin- called comprehensive reform happen. ranking member Senator GRASSLEY; gle address, a single family, are clearly On that reform, I am proud to be joined and, indeed, all the members of the Senate Judiciary Committee for acting fraud. We must meet some basic re- by Senator SESSIONS and Senator LEE quirements to cut out that fraud. The as coauthors. promptly and positively in favor of Mr. IRS itself, under this administration, Again, I am introducing these six Kayatta’s renomination. Let me also express my gratitude to has asked for those tools. We should bills today. I am also an original co- the two leaders, Senator REID and Sen- give them those tools under this child sponsor of Senator GRASSLEY’s E- ator MCCONNELL, for moving his nomi- tax credit legislation. Verify bill, a seventh bill. I think this nation so quickly to the Senate floor. Sanctuary cities reform would pro- is a targeted, step-by-step approach Mr. Kayatta is an attorney of excep- which is the right alternative to so- hibit appropriated funds from being tional intelligence, extensive experi- called comprehensive reform, which used in contravention of the Illegal Im- ence, and demonstrated integrity. I migration Reform and Immigrant Re- historically means immediate amnesty cannot tell you how highly regarded he sponsibility Act of 1986. I am joined by married to promises of enforcement is in Maine’s legal circles. In fact, if Senator GRASSLEY and Senator FISCH- that never happen, that never fully ma- you ask virtually any attorney, judge, ER in that legislation. terialize. prosecutor, law professor or anyone in- Too many jurisdictions in the United I urge my colleagues to look hard at volved in the legal profession in Maine, these measures and hopefully support States are self-proclaimed sanctuary they will tell you the President could some or all of them. I urge them even cities. By doing that, they are in con- not have made a better choice than Bill more to go back home and listen to travention of Federal immigration law Kayatta. He graduated magna cum when they say they will not cooperate their constituents, to listen hard at the laude from both Amherst College and in the enforcement of that law in any neighborhood coffee shop and the town- Harvard University Law School, where way. That is unacceptable, and those hall meetings, because I think these he served as a member of the Law Re- cities should not get appropriated sorts of concerns, as Senator SESSIONS view. funds. and I have expressed today, are the After graduating from law school, E-Verify I mentioned is an initiative core concerns, the core questions of a Mr. Kayatta clerked for the chief judge and legislation by Senator GRASSLEY. I great majority of the American people. of the U.S. Court of Appeals for the am proud to join him as a coauthor. I Thank you, Madam President. I sug- First Circuit, Frank Coffin. It is a won- am an original cosponsor of that bill. It gest the absence of a quorum. derful symmetry that he now, assum- would take the present E-Verify sys- The PRESIDING OFFICER. The ing the confirmation goes well this tem and make it mandatory and ex- clerk will call the roll. afternoon, will be joining the court for The assistant legislative clerk pro- pand it so that is our workforce system which he clerked many years ago. of enforcement. E-Verify works. The ceeded to call the roll. In 1980, he joined the prestigious law Ms. COLLINS. I ask unanimous con- problem is it is a pilot. It is not manda- firm of Pierce Atwood in Portland, ME, sent that the order for the quorum call tory and it is not broad enough. We where over the subsequent 32 years Bill need to broaden and make mandatory be rescinded. The PRESIDING OFFICER. Without specialized in complex civil litigation that workable E-Verify system. at both the trial and appellate levels. objection, it is so ordered. The Voter Integrity Protection Act Bill Kayatta has served as chairman of would amend the INA to make voting f both the Maine Professional Ethics in a Federal election by an alien who is EXECUTIVE SESSION Commission, the Maine Board of Bar unlawfully in the United States an ag- Examiners, and as president of the gravated felony, which makes it a de- Maine Bar Association. portable offense. If a person is illegally NOMINATION OF WILLIAM J. In 2002, Mr. Kayatta was inducted participating in our elections, that is a KAYATTA, JR., TO BE UNITED into the American College of Trial serious offense to any democracy. That STATES CIRCUIT JUDGE FOR Lawyers, and in 2010 he was elected by should be a deportable offense. THE FIRST CIRCUIT his peers to the college’s board of re- The Birthright Citizenship Act would The PRESIDING OFFICER (Mr. gents. also amend the law to consider a per- HEINRICH). Under the previous order, Mr. Kayatta has simultaneously son born in the United States ‘‘subject the Senate will proceed to executive maintained a very substantial pro bono to the jurisdiction’’ of the United session and consider the following practice. In the year 2010, he received States for citizenship only if the person nomination, which the clerk will re- the Maine Bar Foundation’s Howard H. is born through at least one parent who port. Dana Award for career-long pro bono is a U.S. citizen or national or a lawful The bill clerk read the nomination of service on behalf of low-income permanent resident alien in the United William J. Kayatta, Jr., of Maine, to be Mainers. States or an alien performing active United States Circuit Judge for the In 2011, the U.S. Supreme Court ap- service in the U.S. Armed Forces. First Circuit. pointed him as a special master in Kan- Right now it is, in my opinion, an acci- The PRESIDING OFFICER. Under sas v. Nebraska and Colorado, an origi- dent of history and a mistake that any the previous order, there will be 30 nal water rights case. That too is an child physically born here, even of two minutes of debate equally divided and indication of the Court’s confidence in parents here illegally and improperly, controlled in the usual form. Mr. Kayatta’s legal abilities.

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.019 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S673 Finally, Mr. Kayatta has earned the their track record and their pattern such tactics are bad for the Senate, American Bar Association’s highest over the last 4 years. Senate Repub- they are also bad for our Nation’s over- rating: ‘‘unanimously well-qualified,’’ licans used to insist that the filibus- burdened courts. Persistent vacancies reflecting the ABA’s assessment of his tering of judicial nominations was un- force fewer judges to take on growing credentials, experience, and tempera- constitutional. The Constitution has caseloads, and make it harder for ment. not changed, but as soon as President Americans to have access to justice. Mr. Kayatta’s impressive background Obama was elected they reversed While they have delayed and ob- makes him eminently qualified for a course and filibustered President structed, the number of judicial vacan- seat on the First Circuit. His 30-plus Obama’s very first judicial nomination. cies has remained historically high and years of real-world litigation experi- Judge David Hamilton of Indiana was a it has become more difficult for our ence would bring a valuable perspec- widely-respected 15-year veteran of the courts to provide speedy, quality jus- tive to the court. Federal bench nominated to the Sev- tice for the American people. There are The First Circuit has only six au- enth Circuit and was supported by Sen- today 90 judicial vacancies across the thorized judgeships, the fewest of any ator Dick Lugar, the longest-serving country. By way of contrast, that is circuit. It acutely feels any vacancy Republican in the Senate. They de- more than double the number of vacan- that arises. The First Circuit has not layed his confirmation for 7 months. cies that existed at this point in the been at full strength since January 1, Senate Republicans then proceeded to Bush administration. The 173 circuit 2012, when Judge Kermit Lipez took ac- obstruct and delay just about every and district judges that we have been tive senior status. Now the circuit’s circuit court nominee of this Presi- able to confirm over the last 4 years caseload must be distributed among dent, filibustering 10 of them. They de- fall more than 30 short of the total for just five judges who continue to do layed confirmation of Judge Albert President Bush’s first term. their best to provide the timely and Diaz of North Carolina to the Fourth Over the last 4 years, Senate Repub- licans have chosen to depart dramati- measured justice for which the First Circuit for 11 months. They delayed cally from Senate traditions in their Circuit has long been known. confirmation of Judge Jane Stranch of The State of Maine is very proud of Tennessee to the Sixth Circuit for 10 efforts to delay and obstruct President Obama’s judicial nominations. Until its history of providing superb jurists months. They delayed confirmation of 2009, Senators who filibustered circuit to the Federal bench. I am confident Judge Ray Lohier of New York to the court nominees generally had reasons William Kayatta will continue in that Second Circuit for 7 months. They de- to do so, and were willing to explain fine tradition, and I urge my colleagues layed confirmation of Judge Scott Matheson of Utah to the Tenth Circuit those reasons. When Senate Democrats to join me in voting for his confirma- filibustered President Bush’s con- and Judge James Wynn, Jr. of North tion, a vote that is long overdue but troversial circuit court nominees, it Carolina to the Fourth Circuit for 6 has finally arrived. was over substantive concerns about months. They delayed confirmation of Again, I wish to thank the chairman the nominees’ records and Republicans’ Judge Andre Davis of Maryland to the of the Judiciary Committee, the rank- disregard for the rights of Democratic Fourth Circuit, Judge Henry Floyd of ing member, and the two leaders, Sen- Senators. On the other hand, Senate ator REID and Senator MCCONNELL, for South Carolina to the Fourth Circuit, Republicans have filibustered and de- moving this important nomination to Judge Stephanie Thacker of West Vir- layed nearly all of President Obama’s the Senate floor. ginia to the Fourth Circuit, and Judge circuit court nominees even when The PRESIDING OFFICER. The Sen- Jacqueline Nguyen of California to the those nominees have the support of ator from Vermont. Ninth Circuit for 5 months. They de- their Republican home State Senators. Mr. LEAHY. Mr. President, I thank layed confirmation of Judge Adalberto At the end of each calendar year, the senior Senator from Maine for her Jordan of Florida to the Eleventh Cir- Senate Republicans now deliberately kind words, and I would note both for cuit, Judge Beverly Martin of Georgia refuse to vote on several judicial nomi- William Kayatta and for the people of to the Eleventh Circuit, Judge Mary nees who could and should be con- Maine she has fought long and hard for Murguia of Arizona to the Ninth Cir- firmed in order to consume additional this nomination. She did last year and cuit, Judge Bernice Donald of Ten- time the following year confirming she has this year. I am glad we are nessee to the Sixth Circuit, Judge Bar- these nominees. At the end of 2009, going to be finally voting on it because bara Keenan of Virginia to the Fourth they left 10 nominations on the Execu- every time I would meet her anywhere Circuit, Judge Thomas Vanaskie of tive Calendar without a vote. Two of in the halls or anywhere else it would Pennsylvania to the Third Circuit, those nominations were returned to be: What about Kayatta? She knows he, Judge Joseph Greenaway of New Jersey the President, and it subsequently took of course, had my strong support, as to the Third Circuit, Judge Denny Chin 9 months for the Senate to take action did another New Englander, former of New York to the Second Circuit, and on the other eight. This resulted in the Justice and now judge, David Souter. I Judge Chris Droney of Connecticut to lowest 1-year confirmation total in at am sorry it has taken so long. the Second Circuit for 4 months. They least 35 years. For the next 2 years, I look at a nominee like this, where delayed confirmation of Judge Paul Senate Republicans left 19 nominations the senior Senator from Maine, Ms. Watford of California to the Ninth Cir- on the Senate executive calendar at COLLINS, her former colleague, Senator cuit, Judge Andrew Hurwitz of Arizona the end of each year. It then took near- Snowe, and now her current colleague, to the Ninth Circuit, Judge Morgan ly half the following year for the Sen- Senator KING, have all supported this Christen of Alaska to the Ninth Cir- ate to confirm these nominees. Last person from Maine. In the past, espe- cuit, Judge Stephen Higginson of Lou- year they insisted on leaving 11 judi- cially with somebody extraordinarily isiana to the Fifth Circuit, Judge Ge- cial nominees without action and an- well qualified, as he is, a nomination rard Lynch of New York to the Second other four have had hearings but they like that would be out of the com- Circuit, Judge Susan Carney of Con- refused to expedite their consideration. mittee and off the floor within a week. necticut to the Second Circuit, and William Kayatta is one of those judi- We have to go back to those times. Judge Kathleen O’Malley of Ohio to the cial nominees who should have been If we have a contentious nominee, if Federal Circuit for 3 months. confirmed last year. we have somebody who needs to be de- The nonpartisan Congressional Re- Until 2009, when a judicial nominee bated, let’s debate them. But when we search Service has reported that the had been reported by the Judiciary have a person strongly supported by median time circuit nominees have had Committee with bipartisan support, their home State Senators and who has to wait before a Senate vote has sky- they were generally confirmed quickly. the advantage of being highly qualified rocketed from 18 days for President Until 2009, we observed regular order, by anybody’s standards—Republican, Bush’s nominees to 132 days for Presi- usually confirmed nominees promptly, Democrat, or anybody else—then they dent Obama’s. This is the result of Re- and we cleared the Senate Executive ought to get a vote. publican obstruction. Calendar before long recesses. Until It makes no sense for Senate Repub- This obstruction is also why a dam- 2009, if a nominee was filibustered, it licans to have stalled nominations like agingly high level of judicial vacancies was almost always because of a sub- that of William Kayatta, but this is has persisted for over 4 years. While stantive issue with the nominee’s

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.026 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S674 CONGRESSIONAL RECORD — SENATE February 13, 2013 record. We know what has happened I commend President Obama for career in private practice in the Port- since 2009. The median district nomina- nominating such a diverse group of land, ME, law firm Pierce Atwood LLP, tion is stalled 4.3 times as long as it qualified judges. In his first 4 years, where he is currently a partner. Over took to confirm them during the Bush President Obama has appointed as his career, he has personally argued administration, and the median circuit many women judges as President Bush over three dozen appeals, including two court nomination is stalled 7.3 times as did during his entire 8 years in office. before the United States Supreme long as it took to confirm them during In just 4 years, President Obama has Court. He graduated magna cum laude the Bush administration. Nor has any also nominated more African Ameri- from Harvard Law School, where he other President’s judicial nominees had cans, more Asian Americans, and more served on the Harvard Law Review. to wait an average of over 100 days for openly gay Americans than his prede- Upon graduation, he clerked for Chief a Senate vote after being reported by cessor did in 8 years. Americans can be Judge Frank Coffin on the U.S. Court the Judiciary Committee. proud of President Obama’s efforts to of Appeals for the First Circuit, the Senate Republicans have also forced increase diversity in the Federal judi- court to which he is nominated. the majority leader to file cloture on 30 ciary and to ensure that it better re- William Kayatta has held a promi- nominees, which is already more than flects all Americans. nent leadership role in numerous pro- 50 percent more nominees than had clo- I hope that this year and over the fessional organizations, including serv- ture filed during President Bush’s 8 coming 4 years, Senate Republicans ing as the lead investigator for the years in office. Almost all of these 30 will end their misguided and harmful American Bar Association Standing nominations were noncontroversial and obstruction and work with us in a bi- Committee of the Federal Judiciary were ultimately confirmed overwhelm- partisan manner to do what is right for during its review of Justice Kagan’s ingly. Barely 80 percent of President the country. President Obama has nomination to the Supreme Court. He Obama’s judicial nominees were con- nominated qualified, mainstream law- was also appointed by the U.S. Su- firmed during his first 4 years com- yers, and the Senate should consider preme Court to serve as Special Master pared to almost 90 percent of President them in regular order, without unnec- in an interstate dispute, where he was George W. Bush’s first term nominees. essary delays. That is what we had charged with managing proceedings While this is not even close to a full done for as long as I have served in the and submitting a report and rec- account of the precedents broken in Senate, whether the nominations came ommendation to the Court. The ABA’s the last 4 years, the record is clear: from a Democratic or a Republican Standing Committee on the Federal Senate Republicans have engaged in an president. We should work together to Judiciary unanimously rated Mr. unprecedented effort to obstruct Presi- restore and uphold the best traditions Kayatta well qualified to serve on the dent Obama’s judicial nominations. of the Senate. First Circuit, its highest possible rat- Pretending it has not taken place is an Last Thursday, the Senate Judiciary ing. insult to the American people. The Committee reported three judicial While it is good that William American people know better. Chief nominees, William Kayatta, Robert Kayatta will finally receive a vote Justice Roberts, in his year-end Report Bacharach, and Richard Taranto. They today, it is also well past time for the on the Federal Judiciary in 2010 point- are all superbly qualified, consensus Senate to vote on Robert Bacharach ed to the ‘‘[P]ersistent problem [that] nominees. All have received the high- and Richard Taranto. Perpetuating these vacancies on the Tenth and Fed- has developed in the process of filling est possible rating of unanimously well eral Circuits, and preventing Judge judicial vacancies . . . This has created qualified from the ABA’s Standing Bacharach and Mr. Taranto from get- acute difficulties for some judicial dis- Committee on the Federal Judiciary, ting to work on behalf of the American tricts. Sitting judges in those districts and with last Thursday’s Judiciary people, does not benefit anyone. The have been burdened with extraordinary Committee votes, all have twice now Judiciary Committee has again done caseloads . . . There remains, however, received overwhelming, bipartisan sup- its work to vet, consider, and vote on an urgent need for the political port from members of the Judiciary these nominations. It is time that the branches to find a long-term solution Committee from both sides of the aisle. other two circuit nominees who were to this recurring problem.’’ Despite bi- All have something else in common renominated and considered again by partisan calls to address the judicial too: Their nominations were stalled be- the Judiciary Committee and again re- vacancy crisis, Senate Republicans fore the Senate for at least 7 months ported to the Senate, be given an up- have continued their obstruction of ju- last year without a vote. That is why or-down vote. dicial confirmations. they each had to be re-nominated by The Senate could confirm all three Today, the Senate is finally being al- the President this year. nominees this week. In June 2005, the lowed to vote on one of the nominees This is sadly typical of how Senate Senate confirmed four circuit court held over from last year. Judicial va- Republicans have treated President nominees of a Republican President in cancies right now stand at 90. And I Obama’s consensus judicial nominees. just 2 days, including highly controver- mention that because during President Even nominees who are supported by sial nominees such as Janice Rogers Bush’s entire second term—the 4 years Republican home state Senators and by Brown to the D.C. Circuit and William from 2004 through 2008—the vacancies all the Republican members of the Ju- Pryor to the Eleventh Circuit. In July never exceeded 60. I worked very hard diciary Committee are stalled for 2006, the Senate confirmed Bobby Shep- to keep the vacancies down, but since months for no good reason. They are herd to the Eighth Circuit, Neil President Obama’s first full month in delaying votes on all nominees, includ- Gorsuch and Jerome Holmes of the office, as far as we can see, there have ing nominees they support. This is un- Tenth Circuit within 1 week. There is never been fewer than 60 vacancies, and precedented. ample recent precedent for confirming for much of that time many, many For example, Senator COBURN said Judge Bacharach and Richard Taranto more. This is a prescription for over- that ‘‘[Judge Bacharach] has no opposi- without further delay. Neither is con- burdened courts and a Federal justice tion in the Senate. . . . There’s no rea- troversial. system that does not serve the inter- son why he shouldn’t be confirmed.’’ William Kayatta is strongly sup- ests of the American people. It means That was before Senator COBURN joined ported by both of Maine’s Senators, Re- people who come to our courts looking a filibuster against voting on his nomi- publican Senator SUSAN COLLINS and for impartial justice can’t get it be- nation last year. Last year’s filibuster Independent Senator ANGUS KING. cause there are no judges. of the Bacharach nomination was the When George W. Bush was President, This is hurting the integrity of the first time in the history of the Senate Senate Democrats worked quickly to judicial system. I hear this from judges that a circuit nominee reported with hold votes on consensus circuit nomi- nominated by Republican Presidents bipartisan support had been success- nees. According to the nonpartisan and those nominated by Democratic fully filibustered. When I say unprece- Congressional Research Service, half of Presidents. They say these delays po- dented, I mean unprecedented. President Bush’s circuit nominees re- liticize the courts and destroy the im- I am glad that William Kayatta is fi- ceived a confirmation vote within just partiality the Federal courts have to nally getting a vote. The nominee 18 days of being reported by the Judici- have. spent the entirety of his 32-year legal ary Committee. Not a single one of

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.033 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S675 President Obama’s circuit nominees Flake Klobuchar Reid that fought and won World War II and has received a vote so quickly. In fact, Franken Landrieu Roberts then came home and made America the Gillibrand Lautenberg Rockefeller the median wait time for President Graham Leahy Sanders world’s greatest superpower. Among Obama’s circuit nominees is more than Grassley Lee Schatz the greatest in that generation was seven times that for President Bush’s Hagan Levin Schumer Chuck Yeager. Harkin Manchin circuit nominees. Shaheen Today is Chuck’s 90th birthday, and I Hatch McCain Stabenow Heinrich McCaskill invite the entire Senate to join me in This continued obstruction is one of Tester Heitkamp Menendez the reasons we remain so far behind Thune congratulating him. I am so proud of Heller Merkley this man. Not only is he a native son of the pace set during President Bush’s Hirono Mikulski Toomey time in office. By February of Presi- Hoeven Moran Udall (CO) West Virginia but he is also a dear dent Bush’s fifth year, the Senate had Isakson Murkowski Udall (NM) friend of mine. Chuck lives in Cali- Warner confirmed 205 of his circuit and district Johanns Murphy fornia now, with his wife Victoria, but Johnson (SD) Murray Warren nominees, and judicial vacancies stood Johnson (WI) Nelson Whitehouse he still comes to West Virginia to hunt at 40. In contrast, just 173 of President Kaine Portman Wicker with me and roam the hills where he Obama’s circuit and district nominees King Pryor Wyden grew up. have been confirmed, and the vacancy Kirk Reed He also visits the State from time to rate has risen again to 90, or more than NAYS—12 time to promote the foundation which 10 percent of the Federal bench. Judi- Blunt McConnell Scott bears his name, and which supports a cial vacancies are nearly back at his- Boozman Paul Sessions scholarship program at Marshall Uni- Coburn Risch Shelby versity. torically high levels. Inhofe Rubio Vitter Perpetuating these vacancies on the When I was Governor, Chuck and Vic- The nomination was confirmed. Tenth and Federal Circuits, and pre- toria would sometimes visit Gayle and The PRESIDING OFFICER. Under venting Judge Bacharach and Richard me at the Governor’s Mansion. Some of the previous order, the motion to re- Taranto from getting to work on behalf you know I am a pilot, and during one consider is considered made and laid of the American people, does not ben- of his visits to West Virginia I got him upon the table. The President will be efit anyone. The Judiciary Committee to join me on a flight. We were trying immediately notified of the Senate’s has again done its work to vet, con- out a new airplane for the State. It was action. sider, and vote on these nominations. a real honor, but it was a little bit It is time for the Senate to act to con- f daunting, if you will, that I am flying firm them. LEGISLATIVE SESSION left seat and Chuck is right behind me, evaluating the entire flight. Looking I will speak more on nominations as The PRESIDING OFFICER. The Sen- over my shoulder, having the greatest we go along, but I do want to congratu- ate will resume legislative session. late not only the senior Senator from The Senator from Washington. pilot who ever lived sitting there, was something I will never forget. Maine but also Senator KING and the f people of Maine, and the people of the Some of the story of Chuck’s life you First Circuit. The circuit needs to have MORNING BUSINESS probably know and some of it you may its vacancies filled, and I am glad we Mrs. MURRAY. Mr. President, I ask not. Chuck grew up in the small town have such a good person. unanimous consent the Senate proceed of Hamlin. That is in Lincoln County, Mr. President, I yield the floor, and I to a period of morning business with WV, so deep in an Appalachian holler suggest the absence of a quorum. Senators permitted to speak for up to that folks there used to say you had to The PRESIDING OFFICER. The 10 minutes each. pump in the sunshine. His father Al- clerk will call the roll. The PRESIDING OFFICER. Without bert Hal worked as a driller in the gas- The bill clerk proceeded to call the objection, it is so ordered. fields. His mother Susie Mae took care roll. Mrs. MURRAY. I suggest the absence of Chuck, his two brothers, and two sis- Mr. LEAHY. Mr. President, I ask of a quorum. ters. unanimous consent that the order for The PRESIDING OFFICER. The Chuck and his father went hunting the quorum call be rescinded. clerk will call the roll. and fishing together. Chuck also The PRESIDING OFFICER. Without The bill clerk proceeded to call the worked with his father in the oilfields. objection, it is so ordered. roll. He was fascinated by the drilling equip- Mr. LEAHY. Mr. President, I yield Mr. MANCHIN. Mr. President, I ask ment. He liked cars—real fast cars. He back all time on both sides. unanimous consent the order for the especially liked his old man’s Chevy The PRESIDING OFFICER. Hearing quorum call be rescinded. truck. He not only drove it, he studied no objection, it is so ordered. The PRESIDING OFFICER. Without all of its mechanical details. He could All time having been yielded back, objection, it is so ordered. basically take it apart and rebuild it. Looking back, it is not surprising the question is, Will the Senate advise f that in the middle of World War II, a and consent to the nomination of Wil- TRIBUTE TO GENERAL CHUCK patriotic kid from West Virginia who liam J. Kayatta, Jr., of Maine, to be YEAGER was good with rifles, mechanical equip- U.S. circuit judge for the First Circuit? Mr. MANCHIN. Mr. President, few ment, and fast cars enlisted in the U.S. Mr. LEAHY. I ask for the yeas and Americans have helped this great coun- Air Force as an airplane mechanic—his nays. try reach for the stars more than Gen. first step toward becoming the single The PRESIDING OFFICER. Is there a Chuck Yeager. Long before there were greatest pilot who has ever lived. sufficient second? There appears to be astronauts there was Chuck Yeager, a A new ‘‘flying sergeants’’ program a sufficient second. The clerk will call fearless test pilot, a true aviation pio- eventually gave him his first chance to the roll. neer paving the way for America’s ex- fly. Up until that time it was officers The bill clerk called the roll. ploration of the galaxy. But Chuck only. His first couple training flights The result was announced—yeas 88, Yeager’s military career involved so didn’t go so well. Some people might nays 12, as follows: much more than just testing cutting- not know this, but he had to overcome [Rollcall Vote No. 20 Ex.] edge aircraft and, as almost everyone airsickness. Can you believe that YEAS—88 knows, becoming the first man to fly Chuck Yeager got airsick? Before long Alexander Burr Corker faster than the speed of sound. Few he found a new home in the sky in the Ayotte Cantwell Cornyn Americans have been as unwavering or cockpit of an airplane. Baldwin Cardin Cowan Barrasso Carper Crapo as relentless as Chuck Yeager in de- During World War II, Chuck flew nu- Baucus Casey Cruz fense of this great country, in war and merous combat missions over Europe Begich Chambliss Donnelly in peace, from World War II to Viet- and shot down 13 enemy aircraft—5 in 1 Bennet Coats Durbin nam. mission. He was shot down over Ger- Blumenthal Cochran Enzi Boxer Collins Feinstein He was part of the ‘‘greatest genera- man-occupied France in 1944 but es- Brown Coons Fischer tion’’ of Americans, the generation caped capture to fly another day. But

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.034 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S676 CONGRESSIONAL RECORD — SENATE February 13, 2013 before he could do that, he had to Tom Wolfe believed Chuck Yeager to known today as Kansas State Univer- argue his case against being sent home be the ‘‘most righteous of all posses- sity, received a land grant charter and under a no more combat rule. The rule sors of the right stuff.’’ Wolfe himself became the first operational land grant was basically if a pilot was shot down, struggled to explain what he meant by institution in the United States. Over they could not let them go back, be- ‘‘the right stuff.’’ His best explanation the past 150 years, Kansas State Uni- cause if they were captured, they could was that ‘‘the right stuff’’ is that rare, versity has progressed and expanded to basically tell who the people who saved almost indefinable mix of bravery, her- accommodate the students and the peo- them were. He pushed his way all the oism, hard work, and focus that some- ple living in the State of Kansas—the way up the chain of command to Su- one brings to ‘‘a cause that means people it has served so well. preme Allied Commander General something to a people, a nation, to hu- Today, Kansas State University is Dwight D. Eisenhower. Ike ultimately manity, to God.’’ That describes Gen. comprised of nine academic colleges granted Chuck’s request to stay with Chuck Yeager as well as anything else ranging from liberal arts to veterinary his men. I know. medicine. The university expanded its After the war, Chuck became a test He is a man of extraordinary skill campus in Manhattan to include an pilot. On October 14, 1947, he did what and legendary courage. He has an un- aviation and technology school in Sa- no man had done before—he broke the paralleled sense of duty and service to lina and an innovation campus in sound barrier in the experimental X–1 his country. He risked his life over and Olathe, KS. Also, Kansas State Univer- plane named the ‘‘Glamorous Glennis,’’ over. He is a great West Virginian. He sity Research and Extension has a after his late wife. His fabled flight is a great American. On his 90th birth- presence in every county in Kansas— ushered in a new era of aviation that day he is still, without a doubt, a man all 105. These offices are a source of prepared America for its greatest leap with ‘‘the right stuff.’’ vital information to every farmer and into space and so began the legend of I wish my dear friend the happiest of rancher in our State. We are staying Chuck Yeager. birthdays, and I urge every Senator to true to our land grant roots. Tom Wolfe wrote in ‘‘The Right join me in saluting Gen. Chuck Yeager Back in 1863, Kansas State Univer- Stuff’’—a movie most of us have seen. for his long and courageous service to sity’s first enrollment totaled a mere If you haven’t seen it, I suggest you do. this great country. 14 students. This school year Kansas Tom Wolfe wrote: Thank you, General Yeager. State University reached a record en- There were . . . other pilots with enough I note the absence of a quorum. rollment of more than 24,000 students. Pilot Ego to believe that they were actually The PRESIDING OFFICER. The These students hail from all 50 States better than this drawlin’ hot dog. clerk will call the roll. and over 90 countries. Out of this di- Chuck had a way with words, if you The legislative clerk proceeded to verse population, the university has ever have a chance to speak with him. call the roll. produced industry leaders, heads of The PRESIDING OFFICER (Mr. But no one could contest the fact that as of States, humanitarians, generals, gifted KING). The Senator from Kansas. that time, the 1950s, Chuck Yeager was at scientists, and a few public servants. Mr. ROBERTS. Mr. President, I ask the top of the pyramid, number one among Kansas State University has received unanimous consent that the order for all the True Brothers. national recognition for the excep- Throughout his long military career, the quorum call be rescinded. The PRESIDING OFFICER. Without tional education it provides students General Yeager flew more than 10,000 year after year. Kansas State con- hours in more than 330 models of air- objection, it is so ordered. Mr. ROBERTS. Mr. President, I rise tinues to have college programs ranked craft. In 1966, he flew 127 missions in to speak in morning business for such the best in the Nation. The university South Vietnam. He received numerous time as I may consume. has been recognized as a leader among awards, including the Distinguished The PRESIDING OFFICER. Without public universities in total number of Service Medal, the Silver Star, the objection, it is so ordered. Rhodes, Truman, Marshall, Udall, and Bronze Star, the Purple Heart, the Goldwater Scholars. Presidential Medal of Freedom, and the f I cannot talk about my alma mater special peacetime Medal of Honor. He 150TH ANNIVERSARY OF KANSAS without mentioning Kansas State Uni- was the youngest military pilot to be STATE UNIVERSITY versity’s athletic program, especially inducted into the Aviation Hall of Mr. ROBERTS. Mr. President, I rise over the recent years. Since its first Fame in 1973. to commemorate—along with my dis- football game way back in 1883, dedi- Chuck officially retired from the Air tinguished friend and colleague Sen- cated fans have been coming to the Force in 1975 but maintained his status ator JERRY MORAN—the 150th anniver- sports arenas to support our athletes as a test pilot for another three dec- sary of Kansas State University—home and our team. This intercollegiate ath- ades, occasionally flying for the Air of the ever-optimistic Wildcats. letic program has complemented the Force and NASA as a consultant. Since its beginning—even before Kan- education provided by the university In 1997, on the 50th anniversary of his sas joined the union as a free State—all and has been a great source of purple historic flight breaking the sound bar- the way up to today, Kansas State Uni- pride for both alumni and Kansas. rier, he again flew past Mach One in an versity continues to provide a first- As Kansas State University looks to- F–15D Eagle named the ‘‘Glamorous rate education for thousands and thou- ward the future, it sets new goals for Glennis III.’’ It was his last official sands of students. the institution and for its students. flight with the Air Force. Of course, To quote the K-State alma mater Launched by president Kirk Schulz in nothing stops Chuck Yeager. So last lyrics: ‘‘I know a spot that I love full 2010, K-State 2025, the university’s stra- October on the 65th anniversary of well.’’ I—along with more than 200,000 tegic plan, strives to make Kansas breaking the sound barrier, he did it alumni—am proud to call Kansas State State University a top 50 public re- again, in another aircraft, at the age of University my alma mater, as did my search institution within 15 years. 89. father and also my son. Thanks to the work that has been done Whenever he is asked about all his The year was back in 1858, when Kan- throughout the past 150 years and the exploits, Chuck says he was just ‘‘doing sas was only a territory—not even a research that continues, I have no his job,’’ and that all he is he ‘‘owes to State—that a group of local settlers doubt Kansas State University is on the Air Force.’’ He has never ever founded Bluemont Central College. track to achieve this very important wavered from that. Then, in 1863, only 2 years into state- goal. In his autobiography, he wrote: hood, the State legislature and Gov- Throughout this week and weekend, My beginnings back in West Virginia tell ernor became some of the first to ac- students, staff, alumni, and friends of who I am to this day. My accomplishments cept the terms and conditions of the the university will gather in Manhat- as a pilot tell more about luck, happen- stance, and a person’s destiny. But the guy Morrill Act, thus creating the land tan, KS—the ‘‘little apple’’—to cele- who broke the sound barrier was the kid who grant system of colleges and univer- brate the history of Kansas State Uni- swam the Mud River with a swiped water- sities. versity. melon, or shot the head off a squirrel before On February 16, 1863, the Kansas On behalf of the Senate, it is my school. State Agriculture College, formally honor to congratulate Kansas State

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.039 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S677 University on its accomplishments That is something I think K State football field with team after team, al- over the past 150 years. As the alma exhibits so well and causes Kansas to ways stresses family and togetherness mater song says, it is truly ‘‘a spot be so proud of the Wildcat tradition, and the proper role of athletics in edu- that I love full well.’’ Every man a which is a sense of family; that we are cation. Wildcat. in it together and people are friends. It My son David went to K State, and I yield to my distinguished friend and is a very comfortable and enjoyable he fell in love with K State. He didn’t colleague, Senator MORAN. learning environment for students, and have much of a choice as far as I was Mr. MORAN. Mr. President, I thank we have seen it in our family. concerned, but he did really enjoy him- the Senator from Kansas. Our youngest daughter followed her self at K State. Basically, I am struck There is no K State alumni, no indi- older sister to Kansas State University by the fact that many of his friends vidual from our home State who bleeds and is now a beginning student at the who are graduates—when that day the color purple more fervently than College of Veterinary Medicine. An- comes when you graduate or when you the senior Senator from Kansas. It is other area in which Kansas State Uni- leave K State, those generations really an honor to join him here today to rec- versity is highly regarded is the study stick together, and they are friends for ognize the significant accomplishments of animal science. K State in Manhat- life. It is in that vein that I think the on the 150th anniversary of the first tan, KS, is the western border of the Senator’s remarks are certainly right land grant university college in the Na- animal science corridor, the eastern on target. tion. border being that place that all Kan- Mr. MORAN. If the Senator would Senator ROBERTS comes to the Kan- sans, regardless of alma mater, de- yield. sas State University through his fam- spise—the University of Missouri. So Mr. ROBERTS. I would be happy to ily—his father as well as his son. from west to east, the animal science yield. I have become acquainted with Kan- corridor is bounded by the research sci- sas State University as a citizen of our Mr. MORAN. Mr. President, Senator entists and educators and the schools ROBERTS raises something that I wish State in which we see each and every that increase the likelihood that Amer- day the benefits that accrue to the citi- to make clear, which is that Kansas icans are going to have nutrition, be State University has been so kind and zens of our State because of the aca- well fed, and have a safe and abundant demic research, the education, the ex- so beneficial to our two daughters. food supply. While they found it to be home and tension of education across our State It is an honor to be here to pay trib- like family, they have excelled and that benefits each and every citizen. So ute to the many leaders at Kansas learned, advanced their lives both per- it is with great pleasure that we honor State University, those who have come sonally and professionally in ways that the accomplishments today of this uni- before and those who will follow Presi- are so important to us as parents. We versity. It has had tremendous leader- dent Wefald and President Schulz to have nothing but commendation to ship. make sure Kansas State University re- offer to Kansas State University for In my early days in Congress, Presi- mains that place of higher education the kindness and opportunities they dent Wefald in many ways created a and learning in our State but also to have created for our own daughters as great opportunity for Kansas State make certain Kansas State University they pursue their goals in life. University to excel, to become some- in Manhattan, KS, is always that place thing different than it had been, to called home where students from So it is a very personal opportunity move forward into the future. Now, across our State and around the globe for me to express this gratitude to under the leadership of president Kirk feel as though they have found family Kansas State University for making it Schulz, his leadership only accelerates and a place to learn to improve their so good for the things a mom and dad the opportunity for Kansas State Uni- lives and to make certain they con- care so much about. For our two versity to provide new and beneficial tribute to the betterment of our world. daughters Kelsey and Alex, K State is services, education, and benefits to the It is an honor to be here with one of an important component of their lives, people of our State, to our country, the most distinguished alumni of Kan- and we are so appreciative of the role and to students around the globe. sas State University, my colleague and that university has played in educating Kansas State University is known for friend Senator ROBERTS, to wish Kan- our children. its agricultural background, for its sas State University many more years I yield back to the Senator from Kan- support for that significant industry in of success in providing education to sas. our State—farmers and ranchers look our students and moving our State for- f to Kansas State University for edu- ward in ways that will benefit not only cation and for technical support, and this generation but those that follow 150TH ANNIVERSARY OF EMPORIA we know of their importance in that us. STATE UNIVERSITY No. 1 industry in our State—but, as So congratulations, Kansas State Mr. ROBERTS. Mr. President, we Senator ROBERTS said, engineering and University, and happy 150th birthday. aerospace; now a campus at Salina, KS, Mr. President, I yield back to the have a double privilege here today in dealing with aviation and avionics, Senator from Kansas. that we obviously are celebrating Kan- with UAVs moving into the future; a Mr. ROBERTS. Mr. President, I sas State University being 150, rep- campus in Johnson County, the sub- thank my dear friend and colleague resenting 150 years of outstanding aca- urbs of Kansas City, in which addi- more especially for highlighting what demic service to our people, but also tional research in bioscience is being K State is all about, and that is family. Emporia State University is 150 years accelerated. So in each and every cir- If one chooses to attend Kansas State, old at the same time—a rather remark- cumstance, Kansas State University as many do—many come from small able achievement. I know we would contributes to the economy and well- town America, and many come from like to congratulate Emporia State on being of our State and our country. big cities, but I think they are all its 150th anniversary. As a parent, I know Kansas State struck by the family atmosphere. Emporia State University is in the University. Both our daughters at- The thing I think is rather remark- beautiful Flint Hills of Kansas, and it tended Kansas State University, and able, even in having the privilege of is also very dear to my family. My one remains a student there. I remem- talking to some of K State’s football mother attended Emporia State and ber the first day I wandered with my team and some of the athletes, both studied education. She went on to be- 17-, 18-year-old daughter onto campus basketball and football—all sports at K come a teacher. Emporia State is a for a campus tour, and at the end of State—I am always able to tell the teacher’s university, second to none. the day—I will admit we had visited thousands and thousands of fans from But she, in her day and time, spent a other universities as well, but at the K State who know their history, know lot of time educating Kansas children end of the day Kelsey said: Dad, there where they are coming from, and al- up in Atchison, KS, and was very much is no place more welcoming, no place ways support them regardless of the like the other proud and accomplished more like home, no place where I feel outcome. So K State is a family. alumni from Emporia State. like a part of a family more than Kan- K State’s legendary coach Bill Sny- If a person wants to know about edu- sas State University. der, who has achieved miracles on the cation, all they would have to do—as

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.041 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S678 CONGRESSIONAL RECORD — SENATE February 13, 2013 well as teacher involvement and teach- by U.S. News and World Report, ESU What a great way to make a dif- er progress and some of the very seri- offers students a wide range of aca- ference in the development of lifelong ous challenges we face today in edu- demic programs to choose from and the compassion for others. cation—is stop by Emporia State. They opportunity to participate in more The alumni of Emporia State Univer- have many fine programs and nothing than 130 student organizations. sity now number more than 75,000 from but the best in terms of graduates who Emporia State also remains fully 50 States and 80 countries, and they are do such a great job. committed to its original mission of all proud to be called Emporia State Throughout the past 150 years, Empo- training teachers through a nationally Hornets. Alumni from Emporia State ria State has grown to accommodate acclaimed teacher education program. have gone on to accomplish great the needs of the State and the 6,500 stu- If a person has somebody who made a things. Among the many distinguished dents it currently serves. What was difference in their life, nobody ever alumni are Minnie Grinstead, who was once the Kansas State Teaching Col- says: It was my Senator. It is not mom the first woman elected to the Kansas lege, Emporia State has now expanded and dad. It is a teacher. State Legislature in 1918, and Robert greatly, offering a wide range of aca- Educating teachers is a noble calling. Mott, a World War II veteran who later demic programs. In fact, the Teachers College holds the helped create National Public Radio. In true Kansas fashion, the univer- International Reading Association For the past 150 years, Emporia State sity has faced challenges head-on from Award and Certificate of Distinction has been changing lives. One alumni its earliest days. Adversity is not un- for the Reading Preparation of Elemen- said this about the impact on her life: tary and Secondary Teachers—one of common. In fact, our State motto is I was told by a high school guidance coun- ‘‘to the stars through difficulty.’’ But only five programs honored inter- selor that I would never make it in college. the outstanding faculty and staff have nationally in 2009. In a national study ESU gave me an opportunity to ‘‘try.’’ Not persevered on behalf of their students of teacher education programs, Empo- only did I earn a bachelor’s degree, I earned to provide a quality education, and ria State was named one of only four a masters, and Ph.D. Thank you ESU, you that continues today with teachers postsecondary institutions in the Na- changed my life in a positive way! who also provide a quality education. tion to be identified as an exemplary On this historic anniversary, it is We can’t do any better than that. It is model teacher education program. with great pleasure that I join my col- with great pride as a Kansan and as a I congratulate Emporia State for league from Kansas in submitting a their success in equipping our Nation’s son of an Emporia State graduate that resolution to congratulate the stu- educators. As we know, the work of a I recognize and congratulate Emporia dents, faculty, alumni, and the new teacher impacts the lives of every State University on its 150th anniver- president of Emporia State University American now and in the future. for 150 years of excellence in higher sary. Given Emporia State’s long history I am more than happy to yield to my education. May the next 150 years be and dedication to training teachers, friend and colleague, Senator MORAN. even brighter than the last. the university, as one might expect, The PRESIDING OFFICER (Mr. Mr. President, I suggest the absence now hosts the National Teachers Hall COONS). The Senator from Kansas. of a quorum. Mr. MORAN. Mr. President, I thank of Fame. Each year five of the Nation’s The PRESIDING OFFICER. The the Senator for yielding, and I appre- most outstanding educators are recog- clerk will call the roll. ciate being recognized. nized and honored for the jobs they do. The assistant legislative clerk pro- It is true that our State places a high By recognizing the difference one ceeded to call the roll. priority on education—certainly K–12 teacher can make, the National Teach- Mr. THUNE. Mr. President, I ask but also universities, including public, ers Hall of Fame works to promote unanimous consent that the order for private, community colleges, technical education and inspire a new generation the quorum call be rescinded. colleges, and today we honor one of of teachers. The PRESIDING OFFICER. Without Whether ESU students pursue a ca- those universities in this milestone in objection, it is so ordered. reer in education or another field, its history, Emporia State University, many students who continue their f Emporia, KS, on its 150th anniversary. FISCAL CHALLENGES Benjamin Franklin said, ‘‘Tell me studies will return to ESU for graduate and I forget. Teach me and I may re- work. Among the Kansas Regents uni- Mr. THUNE. Mr. President, I come to member. Involve me and I learn.’’ versities, ESU students earn the high- the floor today to talk about the fiscal Through learning, students’ lives have est percentage of graduate degrees. On challenges facing this country, and been changed for the better for more average, one-third of the degrees particularly the spending problem we than a century at Emporia State Uni- earned annually are graduate degrees. have and how it impacts not only the versity. This is a historic occasion, So whether students leave Emporia economy but also the lives of the their 150th anniversary, and I wish to with an undergraduate or graduate de- American people. recognize the significant impact Empo- gree, they are well prepared in the field Last week, the nonpartisan Congres- ria State has had on our State and on they have chosen. sional Budget Office released the latest Students today are involved in com- our Nation. Budget and Economic Outlook, which munity service, and Emporia State ex- In 1863 Emporia State was founded as confirmed the threat that long-term emplifies that. Students at Emporia a school for training teachers. Back fiscal imbalances pose to the Nation’s State spend much time giving back to then it was known as Kansas Normal economy. The Congressional Budget the local communities. Students have School, and in its first year the Presi- Office found that the national debt will cared for the elderly, provided food to dent and only teacher, Lyman Kellogg, climb by $10 trillion, to $26 trillion, the hungry, and built homes for the taught 18 students on the second floor over the next 10 years if Federal spend- homeless. They have also spent their of the district schoolhouse. At the uni- ing continues on its current trajectory. free time mentoring young students versity’s first commencement on June Spending on mandatory programs through a program called 28, 1867, President Kellogg presented di- will remain on auto pilot, resulting in YouthFriends. Currently, about 50 Em- plomas to its two graduates, Mary high annual deficits. To kind of put poria State students are involved in Jane Watson and Ellen Plumb. things in perspective, if you go back to In the years that followed, Emporia volunteer work once a weak with chil- 2007 and you look at what the Federal State was faced with many challenges, dren. Government spent, it was about $2.7 One of the teachers at a local ele- including tornadoes, fires, and a lack of trillion annually. If you look at what mentary school said this about that funding, but the university survived the Federal Government spent in fiscal program: and continued each and every year to year 2012, which ended September 30 of It is great for children to have a young last year, it was $3.5 trillion, an in- change the lives of the students. adult role model to look up to. I have two Today 6,500 students from 45 States kids in my class who have YouthFriends, and crease of nearly 30 percent. and 55 countries are enrolled at Empo- they both have benefited greatly. Their atti- Inflation during that same time pe- ria State University. Consistently tudes about school and life have changed for riod was 10.8 percent, meaning that ranked as a tier 1 regional university the better. government grew at almost three times

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.042 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S679 the rate of inflation. Again, I want to we have a spending problem.’’ Well, ob- That is why I was disappointed last emphasize what I think is an impor- viously the White House scrambled night that the President, in his State tant point here, because in the discus- quickly the next day to come out: Yes, of the Union Address, failed to lay out sion we are having about spending and yes, we know we have a spending prob- a plan to address the fiscal challenges debt, there is somehow this assertion lem. our country faces. I hope the President that has been made that this is not a But there is reporting out there that and my colleagues here in the Congress spending problem, that actually this is suggests the President of the United will come to the table and work with more a revenue issue. States has also made this assertion, us to solve these problems, particularly Well, again, if you look at what has that this is not a spending problem. I as we consider ways to address the se- happened just in the past 5 years, do not know how you can examine the quester, the continuing resolution spending has increased nearly 30 per- Federal budget projections and not which follows after that, and the fiscal cent, Federal spending, or at a rate of come to the conclusion that we have a year 2014 budget resolution. almost three times the rate of infla- spending problem. It is driving our na- We cannot simply wait and watch tion. So clearly spending has increased tional debt, a debt that is very harmful these programs crumble under the dramatically just in the last 5 years. to our economy. weight of looming insolvency. We know The trend is projected to continue over You have to look no farther than the Social Security operated at a cash def- the next 10 years and beyond, with Congressional Budget Office report last icit in 2010. The Medicare trustees have spending exceeding its historical aver- week to see that this is a spending told us that Medicare will be insolvent age over that time period, and then problem, not a revenue problem, be- by the year 2024 and the HI trust fund ballooning in the years beyond that. cause that same CBO report said that actually as early as the year 2016. If we Such levels of spending will cause the the revenue—money that is raised by are going to keep the promises we have Federal debt to grow, and according to the Federal Government—is returning made to current retirees and to future the Congressional Budget Office, ‘‘Such to its historical average of 17.9 percent generations of Americans, we have to a large debt would increase the risk of of GDP. That is the way we have meas- make these programs solvent. That a fiscal crisis during which investors ured the amount of revenue coming means we have to reform them in a would lose so much confidence in the into the Treasury as a percentage of way that saves and protects them and government’s ability to manage its our entire economy. You measure that makes sure they are fiscally sustain- budget that the government would be over time, and getting back to the his- able not only for today but for the fu- unable to borrow at affordable rates.’’ torical average, the 40-year average ture as well. Again, why is this important? Well, would be 17.9 percent. I have to say, as I listened to the de- obviously, if the deficits continue to If you look at the year 2015 as a case bate about the issues of spending and continue year after year, adding more in point, the revenues get back to 19.1 debt, there is an argument that is and more to the Federal debt, eventu- percent of GDP, which is a 25-percent made by those on the other side that ally investors are going to lose con- increase in 2 years, significantly ex- this is just because of the two wars, fidence in our government. They are ceeding the historical average. If you and the two wars drove up spending; going to demand a higher return, high- look at the 10-year outlook the CBO you know, they were not paid for and er interest rate when we borrow came up with, they said revenues that is the reason we have this $16.4 money. That obviously has an impact would average 18.9 percent over the trillion debt. Well, obviously the wars all across the economy. Because when next decade, which is almost a full per- have contributed to that. But if you interest rates go up, everything else centage point more than the 40-year look at through 2012, that is about $1.4 that is pegged to it goes up. If you look historical average. trillion. Obviously, I would say, to be at middle-class Americans who are try- The point is this: Revenues are not fair, Republicans have contributed to ing to borrow money, for example, to only at historic levels, will be there by this as well as Democrats. When Re- buy a home or to get a college edu- 2015 and stay there for the next decade, publicans were in charge of the Con- cation or for a small business to make but they will exceed the historic aver- gress, we did not do a good enough job investments in order to create and ex- age for revenues over the next 10 years. of keeping spending under control. pand jobs, the interest rates go up for So clearly, what we are talking about But the fact is even if you count in everyone. Inflation also goes up if the here is not a problem of Washington spending on Iraq and Afghanistan, that Nation’s fiscal challenges are not ad- taxing too little, it is a problem of is about $1.4 trillion. The total debt dressed, meaning that the hard-earned Washington spending too much. now, as I said, is over $16 trillion, dollars are not going to go as far. That I know that truth is hard and that scheduled to go to $26 trillion 10 years is going to put further pressure on math is hard to accept for the people from now. Over the course of the first hard-working middle-class families. who want to grow government, but we 4 years of this President’s term, his The threat of the budget challenges absolutely have to govern in reality. first term in office, the debt has in- facing this country and our economy is What the math shows is that manda- creased almost $6 trillion. So it is hard very real, because of this report that tory spending, which as I said is on to feature any objective analysis of came out last week from the Congres- auto pilot, continues to squeeze the these facts and this data and say it was sional Budget Office. It confirmed we Federal Government and the Federal the wars that somehow caused all of are headed toward Greece if we do not budget to a point where we are going to this. take the steps that are necessary to face a Greece-style fiscal crisis if Washington has been overspending change the direction we are on. Washington continues to punt on the for a long time. It is high time for A lot of that reality, however, unfor- hard decisions that have to be made. those habits to change. If you look at tunately, is lost on lots of people here Mandatory spending comprised the war that is winding down, the cost in Washington, DC. As I said earlier, roughly 60 percent of Federal spending of that, the resources we are putting there has been this debate about in fiscal year 2012. If you look at the into these conflicts, those dollars are whether we do, in fact, have a spending big drivers of mandatory spending, not going to be showing up again as ex- problem. Over the weekend, the Demo- Medicare, Medicaid, and Social Secu- penditures in the next few years. We cratic leader in the House of Rep- rity represented 40 percent of that still have the Congressional Budget Of- resentatives, NANCY PELOSI, repeated total, according to the Congressional fice telling us at the end of the next what has become doctrine to many in Budget Office. Congress and the admin- decade we will have added an addi- the Democratic Party; that is, the idea istration have an opportunity in the tional $10 trillion to the debt. So clear- that the U.S. Government does not coming months to reform these entitle- ly that has certainly been a factor, but have a spending problem. ment programs not only to get this it has not been the main factor. She said, ‘‘It is almost a false argu- country back on a more sustainable fis- There is again no objective analysis ment to say we have a spending prob- cal track but also to save and protect that would suggest spending on the lem.’’ This comes from the top Demo- these programs not only for current re- wars has been the driving reason for crat in the House of Representatives. tirees but for future generations of why we are facing the debt crisis we ‘‘It is almost a false argument to say Americans as well. have today. I would simply say too

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.045 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S680 CONGRESSIONAL RECORD — SENATE February 13, 2013 that when you are in a hole, it is advis- you get a certain amount of debt, it be- a number of Republicans are not will- able to quit digging. comes such a drag on your economy ing to enter into an agreement on the Obviously, we continue to look at that it reduces economic growth. So we Hagel nomination. ways to add more and more spending have seen this anemic, sluggish eco- and, therefore, more and more debt. nomic growth which is going to be con- f The health care bill is not something tinued now for the foreseeable future. EXECUTIVE SESSION anybody on my side here in the Senate We have slower growth, fewer jobs, supported when it passed in 2009 and massive amounts of debt. Eventually early 2010. But that too is going to what that is going to mean for the mid- NOMINATION OF CHARLES TIM- drive up spending and is going to drive dle-class American is higher interest OTHY HAGEL TO BE SECRETARY up debt as we head into the future. rates when it comes to buying a home, OF DEFENSE You heard from the President last when it comes to buying a car, when it night a whole new series of new spend- comes to financing a college education. Mr. REID. Mr. President, I move to ing initiatives, ‘‘investments,’’ he It is going to mean lower take-home proceed to executive session to con- called them, in a whole range of areas. pay when the economy slows down and sider Calendar No. 10. As he was sort of laying that out, those there is not the demand for workers The clerk will report: of us who were listening to that mes- out there. There are so many adverse The assistant legislative clerk read sage were thinking to ourselves: Okay, impacts on our economy from carrying as follows: if you put a calculator on this thing, it the kind of debt load we are carrying Motion to proceed to the nomination of keeps going and going and going. Yet today. I think we have a responsibility Charles Timothy Hagel, of Nebraska, to be the President said we did not need to to lead. Secretary of Defense. add a single dime to the deficit. Well, I I hope the President of the United The PRESIDING OFFICER. Without do not know how anybody could accept States will lead on this issue; that he objection, the motion to proceed is that with a straight face. It flat does in his budget will put forward the types agreed to. not pass the smell test. of remedies that are necessary not only CLOTURE MOTION We have a spending problem here in to deal with our short-term crisis in Mr. REID. Mr. President, I send a Washington, DC. The facts bear that the sequestration but also to put us cloture motion to the desk and ask the out. The revenues are going up. They long term on a sustainable fiscal path clerk to report. are going to go up 25 percent, according by proposing reforms, reforms to these The PRESIDING OFFICER. The clo- to the Congressional Budget Office, in programs that are driving Federal ture motion having been presented the next 2 years. In 2015 they will be at spending, that are going to add massive under rule XXII, the Chair directs the 19.1 percent of GDP, an average we amounts to our debt over the course of clerk to read the motion. have not seen—or a number we have the next decade and beyond, and at the The assistant legislative clerk read not seen in a long time. Then they will same time look at things we can be as follows: stay roughly at that for the next dec- doing that would generate economic CLOTURE MOTION ade. This is not a revenue problem. growth, that would create jobs in this We, the undersigned Senators, in ac- This is not a problem where Wash- country. Because when the economy is cordance with the provisions of rule ington taxes too little. This is a prob- growing and expanding, then all of XXII of the Standing Rules of the Sen- lem where Washington spends too these other problems look much small- ate, hereby move to bring to a close de- much. er by comparison. bate on the nomination of Charles Tim- If you look at the other side of the Republicans here in the Senate are othy Hagel, of Nebraska, to be Sec- equation, spending continues to go up ready to work with the President, work retary of Defense. as a percentage of GDP. We see a little with Democrats. Harry Reid, Patrick J. Leahy, Sheldon bit of relief here in the next few years, We are anxious to go to work on enti- Whitehouse, Barbara Boxer, Al but then when the cost of the Afford- tlement reform to save Social Security Franken, Christopher A. Coons, Jack able Care Act starts hitting, when you and Medicare. We are anxious to go to Reed, Carl Levin, Kirsten E. Gillibrand, start seeing the demographics of the work on reforming our Tax Code in a Claire McCaskill, Robert P. Casey, Jr., country, as they continue to change, if way that would unleash economic Richard Blumenthal, Tom Harkin, we do not do something to save and growth to obtain the robust growth we Dianne Feinstein, Bill Nelson, Jeanne Shaheen, Sherrod Brown. protect Social Security and Medicare need in the economy to create jobs and for future generations, it is going to make the debt crisis we face look much Mr. REID. This is the first time in bankrupt us. smaller by comparison. the history of our country that a Presi- We are headed for a train wreck. We I hope in the days ahead the Presi- dential nominee for Secretary of De- have to do something about that and dent of the United States, the leader- fense has been filibustered. What a recognize what that problem is. That ship on Capitol Hill, and the Congress shame, but that is the way it is. problem purely and simply is that will do what we should have done a I ask unanimous consent that the Washington spends too much. It is a long time ago. It is long overdue for ac- mandatory quorum under rule XXII be spending problem. That is why, again, tion. It is high time that we become waived. when I heard the top Democrat, the mi- busy and do the work of the American The PRESIDING OFFICER. Without nority leader in the House of Rep- people, which is about providing a objection, it is so ordered. resentatives, say over the weekend more secure, prosperous, and a safer, Mr. REID. I also ask that under the that it is a false argument to say this debt-free future for future generations. rule the cloture vote will occur on Fri- is a spending problem, I was shocked, Anything less is negating or under- day. Membership should plan accord- because I think most Americans would mining the responsibility we have to ingly. argue, as they look at this, and they the American people. The PRESIDING OFFICER. The sen- can do the math, Washington has a Mr. President, I yield the floor. ior Senator from Michigan is recog- very serious spending problem which Mr. REID. I ask unanimous consent nized. needs to be addressed. It needs to be that the quorum call be rescinded. Mr. LEVIN. Mr. President, now that addressed sooner rather than later. The PRESIDING OFFICER (Mr. the nomination of Senator Hagel is be- I thought the report that came out BROWN). We are not in a quorum call. fore us, I want to begin this discussion from the Congressional Budget Office Mr. REID. Miracles never cease. and debate with a few remarks about last week was instructive for a number The PRESIDING OFFICER. That is him. The committee approved this of reasons. It pointed out the impact true. nomination and sent it to the floor of that debt is going to have as we face The Senator from Nevada. the Senate yesterday by a vote of 14 to this debt crisis in terms of interest Mr. REID. Mr. President, I have spo- 11. rates, in terms of inflation, in terms of ken with Senator INHOFE, the ranking Senator Hagel has received broad loss of jobs, and a more sluggish econ- member of the Senate Armed Services support from a wide array of senior omy. We know from history that when Committee. It is very clear that he and statesmen, defense, and foreign policy

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.046 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S681 organizations. At his January 31 nomi- nam. If confirmed, Chuck Hagel will do it ever, the Veterans of Foreign Wars of the nation hearing before the Armed Serv- again. This time not before a platoon but be- United States considers Chuck Hagel, twice ices Committee, Senator Hagel was en- fore every man and woman and their families wounded Vietnam War veteran, war infan- thusiastically introduced and endorsed in the Armed Services. He will lead them and tryman, and former two-term United States they will know in their hearts that we have Senator from Nebraska, to be uniquely quali- by two former chairmen of our com- one of our own. fied to lead the Department of Defense. mittee, chairmen who have huge bipar- Senator Hagel has received a letter of tisan support and respect by everybody That is signed by Robert Wallace, endorsement from 11 retired senior in this body and everybody outside of who is executive director of the VFW. military officers who say Chuck Hagel this body who knows them. Those two The Iraq and Afghanistan Veterans of is uniquely qualified to meet the chal- chairmen are Sam Nunn and John War- America wrote the following: lenges facing the Department of De- ner. Without Senator Hagel’s leadership in fense and our men and women in uni- Senator Hagel’s nomination has been Washington, there would not be a post 9/11 GI form. endorsed by five former Secretaries of bill. Senator Hagel has always been a strong He has received a letter of endorse- Defense who served under both Demo- advocate for veterans at the Department of ment from nine former Ambassadors Defense. There is no doubt he will continue cratic and Republican Presidents: Bob who worked with him on Middle East that legacy. Time and time again, from Viet- Gates, Bill Cohen, Bill Perry, Harold issues. That letter says, in part: nam to the VA to the USO, Senator Hagel Brown, and Melvin Laird. He has been has answered his country’s call to serve, endorsed by three former Secretaries of Each of us has known the Senator over the past 20 years and has found him invariably demonstrating courage, character and re- State—Madeleine Albright, Colin Pow- one of the best informed leaders in the U.S. solve at every turn. We encourage the Senate ell, and George Shultz—and by six Congress on the issues of U.S. national secu- to approve his nomination swiftly. former National Security Advisers who rity. . . . Senator Hagel’s political courage Paul Rieckhoff, Founder and Chief Execu- served in that position for more than 20 has impressed us all. . . . Time and again he tive Officer. years under six of the last seven Presi- chose to take the path of standing up for our The AMVETS National Commander dents. nation over political expediency. . . . He has Cleve Geer endorsed President Obama’s Let me just share with our colleagues invariably demonstrated strong support for nomination of Chuck Hagel with the a few of the words of Senator Nunn Israel and for a two-state solution and has following comments: been opposed to those who would undermine when he introduced Senator Hagel to or threaten Israel’s security. We can think of AMVETS fully supports President Obama’s our committee: few more qualified, more nonpartisan, more nomination of Chuck Hagel for the future I believe our Nation is fortunate to have a courageous, or better equipped to head the Secretary of Defense. As a veterans service nominee for Secretary of Defense with the Department of Defense. organization, AMVETS’ main mission is to character, experience, courage and the lead- That is from nine former Ambas- serve as an advocate for veterans, their fami- lies and the communities in which they live. ership that Chuck Hagel would bring to this sadors who worked with Senator Hagel position. First, Chuck is acutely aware that I am confident that former Senator Hagel even in an age of rapid technological ad- on Middle East issues. Let me read who will utilize his experience and understanding vances, our military capability and effective- those Ambassadors are: Nicholas of America’s military to lead this Nation’s ness depend on the quality and the morale of Burns, former Under Secretary of State troops and the Department of Defense. the people who serve our Nation in uniform, for Political Affairs, Ambassador to The organization votevets.org wrote as well as the families who support them. NATO and Greece; Ryan Crocker, the following in a petition signed by Continuing: former Ambassador to Iraq and Af- over 8,000 veterans and military fami- Chuck received two Purple Hearts in Viet- ghanistan; Edward Djerejian, former lies: nam, and when he returned home he contin- Ambassador to Israel and Syria; Wil- Senator Hagel is a tremendous pick for ued to fight for veterans and for Active-Duty liam Harrop, former Ambassador to Secretary of Defense who I know very well, military personnel. He knows that our peo- Israel; Daniel Kurtzer, former Ambas- and I have little doubt that he will serve ple are our strongest asset. Second, Chuck’s sador to Israel and to Egypt; Samuel President Obama with distinction both as a experience in Vietnam shaped his life and his Lewis, former Ambassador to Israel; voice of reason within the administration perspective. War for Chuck Hagel is not ab- and as a faithful advocate for carrying out straction. I am confident, if confirmed, he William Luers, former Ambassador to the policies of the Commander in Chief. will ask the hard and smart questions before Venezuela and Czechoslovakia; Tom sending troops into battle. Chuck Hagel Pickering, former Under Secretary of That was signed by John Soltz. knows the United States has vital interests State for Political Affairs, Ambassador The Military Officers Association of that are worth fighting for and dying for. He to Israel and Russia; and Frank Wis- America wrote the following: also knows that war should be a last resort ner, former Under Secretary of Defense and that our Nation must effectively use all While the Military Officers Association of for Policy and Ambassador to Egypt America does not endorse or oppose specific of our tools, not limited only to our mili- and to India. tary, to protect our important and our vital candidates for elected or appointed office, we interests. Senator Hagel’s nomination has been believe Senator Hagel is certainly a can- supported by the major groups of didate who is fully qualified for appointment Senator Nunn continued: American veterans, including the Vet- to this extremely important position. Our Certainly there is a tension in these val- erans of Foreign Wars, the Iraq and Af- past work with Senator Hagel has been very ues, but it is a tension that we should wel- ghanistan Veterans of America, positive, and we believe that he brings an come in the thought process and in the ad- important sensitivity to the human side of vice that our Secretary of Defense gives to AMVETS, Vietnam Veterans of Amer- budget and operational considerations. His our Commander in Chief and to this Con- ica, and the American Legion. He has experience as a combat wounded Vietnam gress. received support from the Military Of- veteran, as deputy administrator of the VA, From our service together on the Defense ficers Association of America, Foreign and his two terms in the Senate provide a Policy Board in recent years, I know that Area Officer Association, and the Non range of perspectives that would serve any Chuck Hagel has a clear world view and that Commissioned Officers Association. Secretary of Defense well. We previously rec- it aligns with the mainstream of U.S. foreign Senator Hagel has been endorsed by ognized Senator Hagel’s efforts to protect and defense policy, and also with President the interests of military beneficiaries with Obama. Chuck Hagel believes that we must numerous newspapers, including USA Today, which stated: our Arthur T. Marix Congressional Leader- build and preserve America’s strength as a ship Award. We do not believe that cabinet force for good in the world. He recognizes Many of the supposed weaknesses that Re- nominees should be held hostage to political that protecting our interests requires strong publican Senators hammered him on are ac- litmus tests. allies and friends, as well as strong American tually proof that Hagel takes thoughtful po- leadership. sitions and doesn’t bend easily to pressure. That was signed by ADM Norbert Ryan, USN, retired, President of the Senator WARNER’s extraordinarily I would like to read just a few quotes Military Officers Association of Amer- powerful and warm comments included from those organizations of veterans ica. as follows: who have endorsed him. The Veterans The Non Commissioned Officers Asso- There is an old saying in the combat army of Foreign Wars says the following: infantry and Marine Corps. ‘‘Certain men are It is not the place for America’s oldest and ciation of the United States wrote the asked to take the point.’’ Which means to largest combat veterans organization to ad- following: get out and lead in the face of the enemy. vise or recommend to the President who he We strongly support the appointment of Chuck Hagel did that as a sergeant in Viet- should nominate for cabinet positions. How- Chuck Hagel to be Secretary of Defense. His

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.047 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S682 CONGRESSIONAL RECORD — SENATE February 13, 2013 military service, including being twice of the board of directors of the Atlantic port, reducing the Department’s global pres- wounded in action, has instilled the values of Council. The Atlantic Council counts ence and ability to rapidly respond to con- service and personal sacrifice for which he among its other directors and honorary tingencies. Vital training would be reduced knows well the human cost of war. He has directors seven former Secretaries of by half of current plans and the Department been an advocate for soldiers, Marines, sail- would be unable to reset equipment from Af- ors, airmen and coasties to ensure the train- State and four former Secretaries of ghanistan in a timely manner. The Depart- ing and equipage of America’s 21st military Defense, along with numerous other ment would reduce training and mainte- force coincide with a solid revised defense senior officials from the administra- nance for non-deploying units and would be posture to meet conventional and unconven- tions of both parties. The Atlantic forced to reduce procurement of vital weap- tional world challenges. Senator Hagel has Council is very much a part of the ons systems and suffer the subsequent sched- also championed personnel issues relating to mainstream of the American foreign ule delays and price increases. Civilian em- combat dwell time, force protection, transi- policy establishment. ployees would be furloughed for up to 22 tion issues, including electronic medical days. All of these effects also negatively im- issues, preparation for future employment Much of the time and attention at our committee hearing was devoted to pact long-term readiness. It would send a and training, and veterans benefits, includ- terrible signal to our military and civilian a handful of statements Senator Hagel ing enhancements to post 9/11 educational workforce, to those we hope to recruit, and benefits. He also recognizes the value and made over the course of his career that to both our allies and adversaries around the the sacrifice of families of the men and raised questions about his views on world. women who serve in this Nation’s uniformed Israel, Iran, and other issues. services. Senator Hagel explained and clarified One of our colleagues has alleged That was signed by Richard Schnei- these things and placed them in con- that Senator Hagel has failed to pro- der, executive director for government text. He apologized for one remark, and vide complete financial disclosure and affairs. told the committee he would say other suggested, despite the admitted lack of The Vietnam Veterans of America things differently if he had the chance evidence of any kind, that Senator wrote: or was making them over. Senator Hagel may have received money that We like Hagel. We think he is a great guy, Hagel was clear in the positions he ‘‘came directly from Saudi Arabia, and having a combat veteran in there would takes today and that he will take if came directly from North Korea.’’ be a good thing. confirmed as Secretary of Defense. In There is no evidence for that, but that The American Legion wrote: particular, Senator Hagel stated un- is the kind of innuendo which was Hagel is a long-time member of the Legion. equivocally, first: made and I believe should not have He served right after he returned from Viet- been made. nam. He is a long-time advocate for veterans Iran poses a significant threat to the in the VA, and especially for veterans ex- United States, our allies and partners, and As a matter of fact, Senator Hagel posed to Agent Orange. Our organization has our interests in the region and globally. Iran has provided the exact same financial consulted with him, among others, on var- continues to pursue an illicit nuclear pro- gram that threatens to provoke a regional disclosure the committee requires of ious national security matters. Having said all nominees, including at least the that, the American Legion is prohibited by arms race and undermine the global non-pro- our congressional charter from endorsing liferation regime. Iran is also one of the last eight Secretaries of Defense. As re- any candidate for elected or appointed office. main state-sponsors of terrorism and could quired by the Armed Services Com- spark conflict, including against U.S. per- mittee and by the Ethics in Govern- The Vietnam Veterans Memorial sonnel and interests. Fund, Jan Scruggs, founder and presi- ment Act, he has disclosed all com- dent, wrote the following: Second, he is ‘‘. . . fully committed pensation over $5,000 that he has re- to the President’s goal of preventing I first met Mr. Hagel in 1981 when he was ceived in the last 2 years. As required the No. 2 man at the Veterans Administra- Iran from obtaining a nuclear weapon by the Armed Services Committee, he tion. He had just thrown out of his office . . . all options must be on the table to has received letters from the Director some people who were demanding that he achieve that goal . . .’’ and his policy, of the Office of Government Ethics and stop his support for Maya Lin’s design for if confirmed, will be ‘‘one of preven- the Acting Department of Defense Gen- the Vietnam veterans memorial. His integ- tion, not of containment.’’ eral Counsel certifying that he has met rity and toughness were impressive then. Third, while he believes ‘‘engagement all applicable financial disclosure and Both qualities have grown since. Long before is clearly in our interests,’’ ‘‘engage- conflict-of-interest requirements. As he became a Senator, Mr. Hagel was an in- ment is not negotiation.’’ He stated: fantryman in Vietnam. He fought the enemy required by the Armed Services Com- up close, and he had to put Americans in I’ve never thought engagement is weak- mittee, he has answered a series of body bags. I am sure as defense secretary he ness. I never thought it was surrender. I questions about possible foreign affili- would not hesitate to use military force ag- never thought it was appeasement. I think ations. Among other questions, the gressively if our Nation or its allies are in it’s clearly in our interest. . . . [G]et the committee asked whether, during the danger, yet he knows well that war is ter- international sanctions behind you, keep military options on the table. If the military last 10 years, the nominee or his spouse ribly unpredictable and needs to be avoided. have ‘‘received any compensation from, He has shown some fury at those who have option is the only option, it’s the only op- never seen war, but encouraged it during the tion. or been involved in any financial or past decade. This is called courage. He has Finally, he said that he is ‘‘a strong business transaction with, a foreign earned his stripes. supporter of Israel,’’ and believes that government or an entity controlled by Senator Hagel’s credentials are un- ‘‘we have a special relationship with a foreign government.’’ Senator derscored by the service in war and in Israel.’’ If confirmed, he ‘‘will ensure Hagel’s answer was, ‘‘No.’’ peace that has been described so elo- our friend and ally Israel maintains its Senator Hagel, like all of our nomi- quently in all those letters from those qualitative military edge in the region, nees, has undergone a thorough FBI veterans organizations. As a young and will continue to support systems background investigation. Senator man, Senator Hagel enlisted in the like Iron Dome, which is today saving INHOFE and I have reviewed the FBI Army and served in Vietnam, where he Israeli lives from terrorist rocket at- file. The innuendo that Senator Hagel received two Purple Hearts, the Army tacks.’’ could somehow be hiding the fact he is Commendation Medal, and the Combat Senator Hagel has also recognized on the payroll of a foreign power is of- Infantryman Badge for his service. the very real risks posed to our na- fensive to those of us who have served He volunteered to go to Vietnam. He tional security as a result of the with him and beneath the dignity of answered the question, where are you, unique budgetary pressure arising out the U.S. Senate. by answering, here I am. Senator Hagel of cuts previously agreed upon by Con- I ask unanimous consent to have served as Deputy Administrator of the gress, the budgeting by continuing res- Veterans’ Administration during the printed in the RECORD a series of let- olution, and the impending threat of a ters in which certain Senators re- Reagan administration. He was twice sequester. Senator Hagel told the com- elected to the Senate, where he served quested certain financial disclosure mittee: and the letter with which I responded. on the Foreign Relations and Intel- [Sequestration] if allowed to occur, would ligence Committees. damage our readiness, our people, and our There being no objection, the mate- Since he left the Senate 4 years ago, military families. It would result in the rial was ordered to be printed in the Senator Hagel has served as chairman grounding of aircraft and returning ships to RECORD, as follows:

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U.S. SENATE, With regard to the demand that Senator rity, and Kaseman, LLC) in 2010 and has re- COMMITTEE ON ARMED SERVICES, Hagel disclose all compensation over $5,000 ceived no compensation from them during Washington, DC, February 8, 2013. that he has received over the past five years, the two-year reporting period covered by the Hon. JIM INHOFE, the standard financial disclosure form which Ethics in Government Act. Nonetheless, the Ranking Minority Member, the committee requires all nominees to pro- February 6 letter demands that Senator Committee on Armed Services, U.S. Senate. vide calls for the disclosure of all entities Hagel provide ten years of corporate finan- DEAR JIM: I read with some concern a Feb- from which the nominee has received com- cial data on foreign investments or funding ruary 6, 2013, letter that you signed with 25 pensation in excess of $5,000 (including cli- received by these entities. The forms and other Republican Senators, demanding that ents for whom the nominee personally pro- committee questionnaire indicate that Sen- former Senator Chuck Hagel provide addi- vided more than $5,000 in services, even if the ator Hagel continues to serve as an Advisory tional financial disclosure information in payments were made to the nominee’s em- Board Member for Corsair Capital, a Senior connection with his nomination to serve as ployer, firm, or affiliated business) during Advisor to McCarthy Capital, and a Special Secretary of Defense. This letter appears to the previous two years. The two-year disclo- Advisor to the Chairman of M.I.C. Industries insist upon financial disclosure requirements sure requirement that has been consistently and that he has received compensation for that far exceed the standard practices of the applied by the committee is established in his service to these three entities. I am Armed Services Committee and go far be- section 102(b)(1)(A) of the Ethics in Govern- doubtful that, as mere advisor to these com- yond the financial disclosure required of pre- ment Act and applies not only to all nomi- panies, Senator Hagel has either access to vious Secretaries of Defense. nees for Senate-confirmed positions, but also the corporate financial information that is Our committee has a well-defined set of fi- to all candidates for federal elective office. sought in the February 6 letter or the au- nancial disclosure and ethics requirements With regard to the demand that Senator thority to release such information if he which apply to all nominees for civilian posi- Hagel disclose foreign funding for private en- were able to get access to it. In any case, tions in the Department of Defense. We re- tities from which he has received compensa- over the 16 years that I have served as either quire each nominee to provide us with the tion, the February 6 letter asserts that this Chairman or Ranking Minority Member of following: a copy of the Nominee Public Fi- information is needed because ‘‘If it is the the committee, we have considered numer- nancial Disclosure Report required by the case that [Senator Hagel] personally [has] ous nominations of individuals who were em- Ethics in Government Act—OGE Form 278; a received substantial financial remunera- ployed by for-profit entities of every variety. response to a standard committee question- tion—either directly or indirectly—from for- We have considered board members, officers, naire, which includes questions on future eign governments, sovereign wealth funds, directors, and employees of companies doing employment relationships, potential con- lobbyists, corporations, or individuals, that business across the full range of our econ- flicts of interest, personal financial data, and information is at the very minimum relevant omy. In this time, we have never required foreign affiliations; and a formal ethics to this Committee’s assessment of your nom- the nominee to attempt to ascertain and dis- agreement, which outlines the steps the ination.’’ close the names of investors in such an enti- nominee will take to avoid any potential In fact, the committee questionnaire ad- ty. conflict of interest, including a commitment dresses the issue of foreign affiliations in a The committee cannot have two different by the nominee to divest DOD contractor manner that is equally applicable to all ci- sets of financial disclosure standards for stocks within 90 days of appointment to of- vilian nominees coming before the com- nominees, one for Senator Hagel and one for fice, avoid buying DOD contractor stocks mittee. Among other questions, the com- other nominees. while in office, and resign from non-Federal mittee questionnaire asks whether, during Sincerely, boards and activities. the last ten years, the nominee or his spouse CARL LEVIN, Before these materials are provided to the has ‘‘received any compensation from, or Chairman. committee, they are reviewed by the U.S. Of- been involved in any financial or business fice of Government Ethics (OGE) and the transactions with, a foreign government or U.S. SENATE, DOD General Counsel’s office—both of which an entity controlled by a foreign govern- Washington, DC, February 6, 2013. are familiar with the unique conflict of in- ment.’’ Senator Hagel’s answer to this ques- Hon. CHUCK HAGEL, terest requirements imposed by our com- tion was ‘‘No.’’ Distinguished Professor in the Practice of Na- mittee—to ensure that the required disclo- The demands of the February 6 letter go tional Government, Edmund A. Walsh sures of information meet our standards. The beyond this standard disclosure regime and School of Foreign Service, Georgetown Uni- leader of each of these offices sends us a let- would subject Senator Hagel to a different versity, 37th and O Streets, NW, Wash- ter certifying that the office has reviewed requirement from all previous nominees, ington, DC. the financial disclosure and determined that under which he alone would be required to DEAR SENATOR HAGEL: On January 29, two the nominee will be in compliance with ap- somehow ascertain whether certain entities days before your confirmation hearing, you plicable laws and regulations governing con- with whom he has been employed may have received a request, via email, from several flicts of interest. Our majority and minority received foreign contributions. In particular: Senators on the Senate Armed Services Com- counsels review these materials and work to- Senator Hagel serves without compensa- mittee for additional information necessary gether, through the DOD General Counsel’s tion as the Chairman of the Board of Direc- to fairly assess your nomination to be Sec- office, to address any questions that may tors of the Atlantic Council—a ‘‘think tank’’ retary of Defense. The written copy of the arise about the completeness of the mate- that includes among its other Directors and letter (delivered the next day) was signed by rials provided or the nominee’s compliance Honorary Directors seven former Secretaries six Senators, including the Ranking Member with our requirements. of States and four former Secretaries of De- of the Committee. The letter requested that We have applied these disclosure require- fense. The Atlantic Council’s public website you respond to the request before the hear- ments and followed this process for all nomi- provides a diverse list of corporate contribu- ing, so that you could then answer questions nees of both parties throughout the 16 years tors, including both domestic companies concerning your responses. that I have served as Chairman or Ranking (such as Chevron, General Dynamics, Lock- You declined to respond to the request for Minority Member of the committee. I under- heed, Raytheon, Boeing, Citigroup, Duke En- additional financial disclosure. stand that the same financial disclosure re- ergy, and Exxon Mobil) and foreign entities At the hearing, you were told by Members quirements and processes were followed for (such as Polish Telecom, Saab, All Nippon of the Committee that a response to our re- at least the previous 10 years, during which Airways, and the Istanbul Stock Exchange). quest for information would be necessary be- fore the Committee could vote on your nomi- Senator Sam Nunn served as Chairman or Over the 16 years that I have served as either nation. The Chairman of the Committee ex- Ranking Minority Member. During this pe- Chairman or Ranking Minority Member of pressly asked you to submit your response riod, the committee has confirmed eight Sec- the committee, we have considered numer- by Monday, February 4. retaries of Defense (Secretaries Carlucci, ous nominations of individuals who were as- Monday came and went, and you still did Cheney, Aspin, Perry, Cohen, Rumsfeld, sociated with similar think tanks, univer- not respond. Gates, and Panetta), as well as hundreds of sities, and other non-profit entities. Even in At the end of the day on Tuesday, Feb- nominees for other senior civilian positions the many cases where a nominee received ruary 5, you submitted a short ‘‘response’’ to in the Department. compensation from such a nonprofit entity, our request. In that response, you explicitly There are two unprecedented elements to we did not require the nominee to disclose declined to answer many of the questions the financial disclosure demanded by the the sources of funding provided to the non- asked of you. February 6, letter: (1) the disclosure of ‘‘all profit entity. You were asked to disclose all compensa- compensation over $5,000 that [Senator Hagel Senator Hagel has also served as an Advi- tion over $5,000 that you have received over has] received over the past five years’’; and sory Board Member, Senior Advisor, Direc- the past five years. You declined to do so. (2) the disclosure of any foreign funding of tor, Special Advisor, or Board Member to You were asked to disclose if—and to what eight private entities from which Senator seven domestic for-profit entities identified specific extent—the Atlantic Council has re- Hagel has received compensation since leav- in the February 6 letter since he left the ceived foreign funding in the past five years. ing the Senate (including the date, source, Senate in January 2009. His financial disclo- You declined to do so. and specific amount of each foreign con- sure report and committee questionnaire in- You were asked to disclose if—and to what tribution). Each of these demands goes well dicate that he left four of these entities specific extent—McCarthy Capital has re- beyond what the committee has required of (Wolfensohn & Company, National Interest ceived foreign funding in the past ten years. any previous nominee. Security Company, Elite Training & Secu- You declined to do so,

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.007 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S684 CONGRESSIONAL RECORD — SENATE February 13, 2013 You were asked to disclose if—and to what cooperation, I have gone beyond those re- defense, will harm our men and women specific extent—Corsair Capital has received quirements in several areas. For example, al- in uniform, and sends exactly the foreign funding in the past ten years. You though the committee questionnaire re- wrong message to both our friends and declined to do so. quires that nominees provide copies of ‘‘any You were asked to disclose if—and to what formal speeches,’’ I have sought transcripts our adversaries around the world. specific extent—Wolfensohn and Company of informal speeches of which I did not have If confirmed, Senator Hagel would be has received foreign funding in the past ten copies, and provided those transcripts to the the first former enlisted man and the years. You declined to do so. committee. first veteran of the Vietnam war to You were asked to disclose if—and to what In that same spirit of cooperation, I have serve as Secretary of Defense. This specific extent—M.I.C. Industries has re- reviewed each of the specific requests for in- background gives Senator Hagel an in- ceived foreign funding in the past ten years. formation described in your letter. While valuable perspective not only with re- some of these requests appear to go beyond You declined to do so. spect to the difficult decisions and rec- You were asked to disclose if—and to what what is either in my control or is mine to re- specific extent—the National Interest Secu- lease under the law, I am committed to pro- ommendations a Secretary of Defense rity Company has received foreign funding in viding what I can—and when I cannot, to ex- must make regarding the use of force the ten years. You declined to do so. plain why not. and the commitment of U.S. troops You were asked to disclose if—and to what As you know, I previously submitted all of overseas but also with respect to the specific extent—Elite Training and Security, the information required by the Committee’s day-to-day decisions a Secretary must LLC has received foreign funding in the past standard financial disclosure processes. This make to ensure our men and women in includes information regarding compensa- ten years. You declined to do so. uniform and their families receive the You were asked to disclose if—and to what tion that I received over the past two years, specific extent—Kaseman, LLC has received as reported on the Nominee Public Financial support and the assistance they need foreign funding in the past ten years. You Disclosure Report in Schedule D. To assist and deserve. It would be a positive mes- declined to do so. you in reviewing this information, I have sage for our soldiers, our sailors, our Your own financial records are entirely prepared a chart that reflects all compensa- airmen, and our marines in harm’s way within your own control, and you have flatly tion over $5,000 I received for that time pe- around the world to know that one of refused to comply with the Committee Mem- riod. Further, you asked questions about wheth- their own holds the highest office in bers’ request for supplemental information. the Department of Defense and that he The records from the other firms—more er, and the extent to which, eight identified than one of which, you have disclosed, paid entities (with which I have been affiliated) has their backs. you $100,000 or more—are highly relevant to have received foreign funding in the past. As The President needs to have a Sec- the proper consideration of your nomination. I explained in my response to the Com- retary of Defense in whom he has trust, Your letter discloses no affirmative efforts mittee, dated February 5, 2013, my legal and who will give him unvarnished advice, on your part to obtain the needed disclosure, fiduciary obligations prevent me from re- a person of integrity, and one who has and your lack of effort to provide a sub- leasing this kind of corporate financial infor- a personal understanding of the con- stantive response on this issue is deeply mation for those entities that are privately sequences of decisions relative to the owned/held. One of the entities that you in- troubling. use of military force. Senator Hagel If it is the case that you personally have quired about, Atlantic Council, is a 501(c)(3) received substantial financial remunera- organization which permits greater public certainly has those critically impor- tion—either directly or indirectly—from for- disclosure of its funding Streams. While At- tant qualifications and he is well quali- eign governments, sovereign wealth funds, lantic Council does not make public a com- fied to lead the Department of Defense. lobbyists, corporations, or individuals, that prehensive list of all its donors, it does pub- Mr. President, I yield the floor. information is at the very minimum relevant licly acknowledge its foreign corporate and The PRESIDING OFFICER (Mr. to this Committee’s assessment of your nom- foreign government donors of $5,000 or more. BROWN.) The senior Senator from ination. Such remuneration may be entirely I have attached a copy of Atlantic Council’s Rhode Island is recognized. appropriate, but that determination cannot publicly available list of these foreign donors Mr. REED. Mr. President, I ask unan- be made without disclosure. over the past five years. Because I serve If you have not received remuneration—di- without compensation, I have not been a di- imous consent that when Senator LEE rectly or indirectly—from foreign sources, rect or indirect beneficiary of these con- concludes his remarks, I be recognized. then proper disclosure will easily dem- tributions. Of the remaining seven compa- The PRESIDING OFFICER. Without onstrate that fact. nies, McCarthy Capital, Wolfensohn, M.I.C. objection, it is so ordered. Your refusal to respond to this reasonable Industries, National Interest Security Com- The Senator from Utah is recognized. request suggests either a lack of respect for pany, Kaseman, and Elite Training & Secu- (The remarks of Mr. LEE are printed the Senate’s responsibility to advise and rity have authorized me to inform you that in today’s RECORD under ‘‘Morning consent or that you are for some reason un- they have not compensated me with any for- Business.’’) willing to allow this financial disclosure to eign-derived funds. Corsair Capital has been The PRESIDING OFFICER. The sen- come to light. advised by its outside counsel that it cannot This Committee, and the American people, provide further information regarding its fi- ior Senator from Rhode Island is recog- have a right to know if a nominee for Sec- nances. nized. retary of Defense has received compensation, I wish to reiterate that I have not received Mr. REED. Mr. President, I rise directly or indirectly, from foreign sources. any compensation from or been involved in today to express my support for the Until the Committee receives full and com- any financial or business transactions with a nomination of Senator Chuck Hagel to plete answers, it cannot in good faith deter- foreign government or an entity controlled be the next Secretary of Defense. He mine whether you should be confirmed as by a foreign government. This is reflected in comes to this job at an extraordinarily Secretary of Defense. my response to the SASC Questionnaire, challenging time for the Department Therefore, in the judgment of the under- Question 3, Part E—Foreign Affiliations. signed, a Committee vote on your nomina- Thank you for the opportunity to respond and for our Nation. Among the many tion should not occur unless and until you to your questions. issues he will confront, Senator Hagel provide the requested information. Sincerely, will oversee the drawdown of our forces Sincerely, CHUCK HAGEL. out of Afghanistan, the enhancement (Signed by 26 Senators). Mr. LEVIN. Mr. President, the De- of our cyber defenses, and the manage- partment of Defense right now needs ment of various fiscal constraints on FEBRUARY 8, 2013. its new leader. Its current leader, who the defense budget. In fact, I cannot Hon. CARL LEVIN, think of a more critical juncture of na- U.S. Senate, has done a great job, has announced he Washington, DC. is leaving and has set a time for that tional security issues, budget issues, Hon. JAMES INHOFE, departure. and technology issues, all coming to- U.S. Senate, We face a budgetary challenge of im- gether, facing the next Secretary of Washington, DC. mense proportions—not just in the De- Defense. DEAR CHAIRMAN LEVIN AND RANKING MEM- partment of Defense but in all of our I have known Chuck for many years, BER INHOFE: I appreciate the opportunity to agencies. Our military is engaged in and I know he is particularly well-suit- respond to the February 6, 2013, letter from combat operations overseas. North ed to tackle these challenges. Chuck 25 Senators, including several members of Korea has exploded a nuclear device— was born and raised in Nebraska, the the Senate Armed Services Committee. I re- main committed to providing the Committee highly provocative, highly objection- oldest of four sons of a World War II with complete personal financial disclosure, able—and must be countered. The ab- veteran. Public service, military serv- in accordance with the applicable require- sence of senior leaders in the Depart- ice is in that family’s core. When his ments of law and regulation. In the spirit of ment of Defense will harm our national father died suddenly at the age of 39,

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.009 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S685 Chuck quickly shouldered the responsi- 1982 World’s Fair. He was president and In this role, he will continue to focus bility of helping his mother raise his chief executive officer of the USO, the our efforts on fighting terrorism in Af- brothers. And when our Nation was in agency devoted to helping servicemem- ghanistan and throughout that region. the midst of a bitter and divisive fight bers and their families. Again, his com- We are facing a crucial turning point. in Vietnam, he volunteered to fight, mitment to the American soldier, sail- In his State of the Union Address last serving alongside his brother Tom. or, airman, and marine has been con- night, the President announced his This was an era when there were many sistent, constant, and unrelenting. plan to further reduce our force levels people who were looking for ways Then he became chief operating offi- in Afghanistan next year as the Afghan through deferments to avoid service, to cer of the 1990 Economic Summit of In- National Security Forces will take full avoid wearing the uniform of the dustrialized Nations—the G7 summit— responsibility for securing their na- United States. He was unusual in that in Houston, the president of an invest- tion. I think Senator Hagel is very well he not only sought service, but he ment bank, and he was on the board of positioned to carry out this policy, to sought service in Vietnam alongside some of the world’s largest companies. ensure it is done effectively, to ensure his brother. So you already have at this juncture that our forces are protected and that He rose to be an infantry sergeant, a soldier, a successful entrepreneur, we are able to help enable the Afghan and both he and his brother were and a successful Federal administrator. forces to carry the burden to defend wounded twice, with each saving the Then in 1996 he came to the Senate to their country and provide stability. other’s life. In that experience as a represent the people of Nebraska. He Senator Hagel will also lead the De- combat infantryman, he knows, per- was the first Republican Senator from partment in preparing for emerging haps better than anyone who has been Nebraska in a generation. We came threats to our national security, such nominated for this office, the ultimate here together. He came with all of as attacks on our cyber infrastructure. cost of our policies that are made here these skills, and he added more skills, We are at a critical point in our his- in Washington. understanding the political process tory, perhaps akin to the 1920s when air When he returned home, Chuck used from the inside and from the outside power first began to emerge as a cred- the GI bill to attend the University of that helped shaped national security ible military dimension, then later as Nebraska in Omaha, and after grad- policy, the budgets and the policies of space became a possible military di- uating from there, he went to Wash- the Department of Defense and every mension. Cyber is now a new dimension ington to work for a freshman Con- other Federal agency. in warfare. gressman from his home State. During his time in the Senate as a We are at a similar juncture to the In 1980 President Reagan, recognizing member of the Senate Foreign Rela- one when some of our colleagues in the his skill, his talent, his patriotism, and tions and Intelligence Committees, he 1920s were wondering how we use these his devotion to the country, nominated championed national security policies contraptions that fly around the sky. him to be Deputy Administrator of the with the goal of ensuring that our mili- But in a short period of time, air power Veterans Administration. He ulti- tary remains the strongest in the made a profound difference on the mately left that post on a matter of world. Senator Hagel believes in work- world. The attack on Pearl Harbor was principle. He thought there was inad- ing closely with our allies and partners launched by aircraft from aircraft car- equate support from that department and that, in his words, ‘‘a nation must riers, not by the bombardment of bat- for veterans suffering from exposure to strategically employ all instruments of tleships and not by the landing of mili- Agent Orange. At that time, the effects its power—diplomatic, military, eco- tary forces. You can see the effect it of Agent Orange were being dismissed nomic—to defend its interests.’’ So he had not only through World War II but by some as nonconsequential, as some- brings a broad, comprehensive ap- in every conflict to today. thing that was just a made-up malady proach to national security, which is We are at another critical juncture, by these veterans. essential for our next Secretary of De- Chuck knew differently, and later the and that is with respect to cyber secu- fense because so many of the national science would prove him right. He con- rity. How will we defend ourselves? security challenges we face are not tinued to fight as he left the Veterans What policies will we adopt to use this simply military; they are diplomatic, Administration, helping to ensure that new technology to protect the United these veterans who were physically af- they are economic, and they are envi- States and our allies? It will require in- fected by their service in Vietnam re- ronmental. They require the kind of tegration across our government. It ceived compensation as the victims of broad-ranging approach that he takes will require thoughtful, conscious de- Agent Orange. to national security policy. liberation. I believe he is prepared to In that tenure as the Deputy Admin- As he stated during his nomination do that and will do that very well. istrator of the Veterans Administra- hearing 2 weeks ago, he has one funda- I am pleased that President Obama tion, he had the responsibility of run- mental question he has asked himself has just issued an Executive order that ning a large Federal department. So he on every vote he took while serving in will improve coordination and informa- is now bringing not only his service as the Senate: Is the policy worthy of the tion sharing with our industry partners a common infantryman but his service men and women we were sending into so we can better protect our Nation’s running a large department devoted to battle and surely to their deaths? Is critical infrastructure, but there is the veterans of these United States. this going to be worth the sacrifice, be- more to be done, and I believe that in That will serve him well as Secretary cause there will be sacrifices. the context of a Secretary of Defense, of Defense. Again, it makes him sin- It is one thing to study the art of war Chuck Hagel can do it. gularly if not uniquely qualified. in lecture halls and to speak pro- Perhaps most challenging of all, Sen- But it doesn’t stop there because he foundly as a pundit. It is something ator Hagel will lead the Department in has extraordinary experience in the else to be in the mud, under fire, seeing a time of great fiscal constraints and private sector. In the mid-1980s he co- others fall. I have not had that experi- uncertainty. As our Nation continues founded Vanguard Cellular Systems, ence. I served 12 years in the U.S. to find a path forward to rebound from which became one of the largest inde- Army, but very few people, very few the economic challenges of the last few pendent cellular systems in the coun- people in this Chamber, very few people years, there is an ever-growing pres- try. Again, someone from modest who would be considered for Secretary sure to reduce the size of the defense means with great imagination, after of Defense, have been under fire, have budget, which has nearly doubled over serving his country both as a soldier seen comrades fall, know that ulti- the past 10 years. But we must be very and as an administrator under the mately what we do here is borne by careful to do so in a way that elimi- Reagan administration, went back and what those brave young Americans do nates unsustainable and unproductive started a business and made it success- across the globe. He knows it intellec- costs without losing vital capabilities. ful—so successful that he was able to tually and viscerally. I know he will That is a great challenge. As a result of devote himself to other public activi- bring that perspective, that concern for the high operations tempo of our serv- ties. our men and women in uniform, to ices, the multiple operations and de- He served as deputy commissioner every decision before him as Secretary ployments, all of our services are fac- general of the United States for the of Defense. ing serious reset and recapitalization

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.055 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S686 CONGRESSIONAL RECORD — SENATE February 13, 2013 needs in terms of equipment and also There are Ambassadors on this list agree we must take action in this body significant efforts to help our military who have handled delicate and difficult and in this Congress to avoid seques- members and their families readjust, issues involving international law. tration. Sequestration is a term we retrain, reequip, and prepare for a chal- There are several Ambassadors who have all been throwing around, and it lenging future. have been Ambassadors to the State of refers to the automatic cuts that are Serious decisions will have to be Israel and strongly support Senator scheduled to take effect on March 1. made about the threats we face and as Hagel. All of these individuals know Those cuts were designed to force Con- we anticipate new and emerging him. They also know as well—if not gress to make a tough decision and to threats. Again, he is well prepared better than I and many of my col- take comprehensive action on our debt through his entire life of public serv- leagues—of the threats, dangers, and and deficits. ice, military service, private service, opportunities which face this country, I think we all agree there is no ques- administrative and business activity to and they are strongly supporting tion we need a comprehensive and bal- confront this extraordinary range of Chuck Hagel. In fact, they have con- anced plan to put us on a more sustain- challenges. cluded in a letter that he is ‘‘uniquely able fiscal path. I think that plan A lot has been made about some com- qualified to meet the challenges facing should look at all areas of spending. It ments Senator Hagel has made in the the Department of Defense and our should look at domestic, mandatory, last years, going back 5, 7, 8, or more men and women in uniform.’’ and defense as well as comprehensive years. But I know, indeed, which was There has been a lot of discussion tax reform. I think there are many reflected in his testimony, that he did about Chuck Hagel’s appreciation of areas of bipartisan agreement on def- not seek out this position. President the strong, important, and critical re- icit reduction, including controlling Obama chose to nominate Chuck Hagel lationship between the United States the long-term cost of health care. because he knew of his record, of his and State of Israel. All I can say is I Unfortunately, Congress has missed service to our country. He knew of his was so impressed by the comments of several opportunities to enact a long- incredible commitment to the men and the Israeli Deputy Foreign Minister term plan to get our debt and deficits women who wear the uniform of the Danny Ayalon, who was also the Am- under control. That is why we are United States. He knew about his expe- bassador to Washington, and who has again facing a deadline at the end of rience in the private sector. He knew met and dealt with Senator Hagel on a this month to address those automatic about his experience as a governmental number of issues involving the rela- cuts. As a result of that, we are start- leader. He knew there was an ability to tionship with the United States. The ing to see the very real and negative rely upon his judgments, Senator Deputy Foreign Minister said: ‘‘I have consequences of our inaction. We are Hagel’s judgments, with confidence in met him many times, and he certainly seeing it on our national security, and times of crisis. I expect that the Presi- regards Israel as a true and natural we are seeing it on our economy as dent of the United States is not going U.S. ally.’’ businesses and agencies alike begin to to turn to Chuck Hagel, particularly In another quote he said: prepare for the automatic cuts under among crises, and ask him if can he I know Hagel personally. . . . I think he sequestration. believes in the relationship, in the natural quote verbatim what he said 10 years Last week, Senator COLLINS and I partnership between Israel and the United ago. He is going to say: What are my States. wrote to the leadership in the Senate options? What is your advice? You urging bipartisan action on sequestra- Here is an Israeli patriot who under- know about war better than anyone. tion and the need to find a better ap- stands and has spent a great deal of You know about military policy. You time devoted to the relationship of the proach. In our letter, we talked about know about international security. United States and Israel. In his own the impacts we are starting to see in You know about the interaction of di- words, he concludes that Chuck Hagel New Hampshire and Maine, including plomacy, economics, and environ- regards Israel as a true and natural the threat to jobs, our national secu- mental policy. Give me your judgment. U.S. ally and will act accordingly. He rity, and to the Portsmouth Naval I have to make a decision. is a dedicated patriot. He is an indi- Shipyard, which is critical not only to I believe, reflecting what the Sen- vidual who has served this country in New Hampshire and Maine but also to ator, my chairman, CARL LEVIN, has so many different ways. I support his this country’s national security. We said, that in this difficult moment, the nomination, and I urge my colleagues called attention to the drastic effects President of the United States needs a to do the same. we face for our economy, for our jobs, Secretary of Defense to provide that Also, I think it is important to state and for our national security. kind of perspective, and the men and that this nomination—as we have done Today we are here to reiterate the women of the Department of Defense with every Secretary of Defense for importance of addressing sequestration have to have the ability to have their decades—deserves an up-or-down vote and doing it now. voice heard decisively and definitively on the floor of the Senate. People may I wish to thank the senior Senator in those serious discussions, particu- choose to cast a vote against him for from Maine, my colleague, for joining larly about the deployment of military many reasons, and that is the preroga- me to talk about this important issue, force. tive of that Senator. I strongly believe, and I am looking forward to hearing As I said, I am extremely confident if we want to stay true to the tradi- her remarks. I know it is something he can do this. Let me also say I am tions of this body and to the presump- she cares about as much as I do and as impressed with those who have served tion that the President should be al- much as I think most of the Members our country in diplomatic and military lowed to at least have his nominee of this Chamber do. roles who have endorsed Chuck Hagel voted up or down, then we have to The PRESIDING OFFICER. The Sen- strongly and enthusiastically. These bring this vote to the floor of the Sen- ator from Maine. endorsements are from men and women ate for an up-or-down vote as quickly Ms. COLLINS. Mr. President, first, who have served in both Democratic as possible. let me say, I am very pleased to join and Republican administrations. With that, I yield the floor. with my friend and colleague from New Among them are Bob Gates, William The PRESIDING OFFICER (Mr. Hampshire to speak out against the in- Cohen, Madeleine Albright, William BLUMENTHAL). The Senator from New discriminate meat-ax cuts known in Perry, Brent Scowcroft, Ryan Crocker, Hampshire. Washington as sequestration that are and Thomas Pickering. These men and Mrs. SHAHEEN. Mr. President, I ask scheduled to take effect in just 2 women have devoted themselves to pro- unanimous consent to enter into a col- weeks’ time. We simply must take ac- tecting the United States, and they loquy with my colleague, the Senator tion to avoid this self-inflicted harm to have done it with extraordinary energy from Maine, Ms. COLLINS. our economy and to our national secu- and effectiveness. This list of Secre- The PRESIDING OFFICER. Without rity. But what I find inexplicable is a taries of Defense will rank as some of objection, it is so ordered. growing acceptance that sequestration the best we have ever had, and they are SEQUESTRATION is going to go into effect despite the absolutely confident Chuck Hagel can Mrs. SHAHEEN. Mr. President, Sen- fact that virtually everyone should and should do this job. ator COLLINS and I are here because we concede that across-the-board cuts

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.056 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S687 where we don’t set priorities do not scheduled to begin on March 1, we are the Portsmouth Naval Shipyard or at make sense. looking at an enormous impact on our the shipyards across the country, but There are good programs that de- national security. that has a ripple effect across our econ- serve to be preserved, there are pro- Now, it is important to recognize we omy, and it affects the grocery stores grams that have outlived their useful- are not saying the national debt is not and the restaurants and all of the ness and should be eliminated, and a problem. Certainly, when we have a small contractors and small businesses then there are programs that could be $16.4 trillion debt, that is not sustain- doing work at those shipyards. cut and reduced. That is not the ap- able, and the national debt is a secu- There will be ramifications for our proach we are taking. We are not going rity concern in its own right. Just last national defense across the services. through the budget in a careful way by year, in 2012, the Federal Government Yesterday, we had some harrowing tes- identifying programs that could be spent $223 billion in interest payments timony in front of the Armed Services eliminated or reduced, setting prior- alone. That means we are spending Committee from all of the chiefs of the ities, and making investments. No, we more on interest on the national debt military outlining what they see com- are allowing to go into effect across- each month than we spent in an entire ing as a result of the consequences of the-board cuts that fall disproportion- year on naval shipbuilding and the the sequester and the continuing reso- ately on the Department of Defense. Coast Guard budget. lution the Senator from Maine spoke Indeed, we are already seeing the ef- Just think about that. The interest about. fects of these cuts on our military be- payment in one month exceeds the en- DOD-wide—so across the Depart- cause each of the military services has tire Coast Guard budget and the entire ment—they expect to lay off a signifi- begun planning for the likelihood of budget for shipbuilding in the Navy. cant portion of the 46,000 temporary deep budget cuts. The Navy is pre- The estimates are that by the middle and term employees. All services and paring for a civilian hiring freeze and of this decade—not some distant year— agencies will likely have to furlough cutting workers at shipyards and base- our interest payments to China, our most DOD civilian employees for up to operated support facilities. largest foreign creditor at $1.2 trillion, 22 working days. Imagine that. That is I wish to be clear exactly who these will be covering the entire cost of that a whole month of paychecks that those employees are. These are the nuclear Communist country’s military. Think workers are not going to have to sup- engineers, the welders, the metal of the horrific irony of that. At the port their families, to be able to spend trades workers repairing submarines same time America is bound by trea- into the economy, and that is going to and ships at the Navy’s four public ties to defend our allies in Asia against have a huge impact. shipyards, including the Portsmouth Chinese aggression, the American tax- It is possible that DOD might not Naval Shipyard in my home State of payers are bankrolling the threat have enough funds to pay for Maine, which employs half of its work- through the interest payments we are TRICARE, health care coverage for our force from my colleague’s State of New paying to the Chinese. veterans through the end of the fiscal Hampshire. I know the senior Senator Neither the Senator from New Hamp- year. As we saw on the front pages of from New Hampshire shares the con- shire nor I am saying the Pentagon the paper this week, the Department cern about this particular installation should be exempt from budget scrutiny delayed the deployment of the USS on the border we share. But, of course, or even future cuts, but the dispropor- Harry Truman, the carrier strike group the damage of sequestration extends tionate impact that sequestration that was headed to the Persian Gulf. If far beyond just one installation or two would have on our troops and on our sequestration goes into full effect, the States. national security is dangerous and it Navy will shrink by about 50 ships and Just this morning I was over at the must be averted. The Department can- at least two carrier groups. Pentagon, and I took advantage of the not continue to operate on a con- By the end of the year, the Navy, if opportunity to sit down with the tinuing resolution that increases costs, we do nothing, will lose about 350 Navy’s top shipbuilding official to dis- prevents long-term planning, and workers a week or 1,400 a month from cuss what the impact of sequestration makes it impossible for the Depart- our civilian industrial base. That will would be for our naval fleet. Well, one ment to function effectively. example we have already seen. The I yield to my colleague from New have a huge impact in New Hampshire, Navy will keep the USS Abraham Lin- Hampshire to expand on some of these as I know it will in Maine as well. coln, a nuclear-powered aircraft car- points. Then we will talk further about So there are real, significant im- rier, in port rather than repairing and the impact. pacts, as the Senator from Maine deploying it. Across the fleet, the Navy Mrs. SHAHEEN. Mr. President, I pointed out, on the defense industry, is being forced to reduce deployments, thank the Senator from Maine for lay- on this country’s national security, maintenance, and overhauls for critical ing out what we are seeing in terms of and on the domestic side of the budget. repairs. When we look at the ship- the potential impact of those auto- It is already starting to have ramifica- building budget, it is evident that se- matic cuts. The comments and the sta- tions on our economy and job growth. questration and the continuation of a tistics the Senator from Maine had We saw in the last quarter of 2012 that partial-year funding resolution, known about China and what they are going to our economy contracted for the first as the continuing resolution, would be be able to do with the money we are time since 2009, and much of that de- absolutely devastating for our Navy, paying is really eye-opening and scary. cline was due to sharp reductions in for shipbuilding, and for our skilled in- The Senator from Maine spoke about government spending in anticipation of dustrial base. That includes Bath Iron some of the impacts we are beginning the sequester coming into effect. Works in Maine, which I am so proud to see at the ports of naval shipyards. We saw it in New Hampshire, in some of, which builds the best destroyers in As the Senator pointed out, it is some- of our businesses that are dependent on the world. This has consequences not thing very important to both Maine government contracts, particularly in only for our workforce, but also for our and New Hampshire. It employs about the defense industry. So our failure to national security. 4,000 workers, almost evenly split be- act is not only irresponsible, but it is It is important to note Secretary Pa- tween our two States. As a result of beginning to have a real impact in netta has made clear that allowing the sequester, starting March 1, one of slowing down this economy. these sweeping cuts to go into effect their major projects, the repair of the It is simply unacceptable that we are would be ‘‘devastating,’’ in his words, USS Miami, which was damaged in a not addressing this issue. We need to and would badly damage the readiness fire, is going to be halted immediately. act. If we let the sequester go into ef- of the U.S. military. Just stopped—16 days from now. The fect, we stand to lose, according to the The fact is defense has already taken Navy is going to cut over 1,100 tem- Congressional Budget Office, up to 1.4 a huge reduction in future spending. porary civilian workers, mostly from million jobs. A recent forecast from The defense budget has been slated to shipyards such as Portsmouth. The Macroeconomic Advisers suggests that be cut by $460 billion over 10 years, and needed maintenance and military con- sequestration would reduce our gross that is before sequestration. When this struction will be postponed indefi- domestic product by .7 percentage number is added to the defense cuts nitely. It is not just about those jobs at points this year.

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.057 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S688 CONGRESSIONAL RECORD — SENATE February 13, 2013 We can’t risk putting our economic would mean for schoolchildren in have to look at all aspects of the budg- recovery in jeopardy with these indis- Maine if halfway through the school et. We need to look at domestic, de- criminate cuts. They are going to have year—more than halfway through the fense spending, mandatory programs, an impact on research and education school year—all of a sudden they get a and we need to look at revenues. Com- vital to our ability to grow this econ- reduction in title I money that goes to prehensive tax reform—that is a way omy and remain competitive. low-income schools, to special edu- we can address that. The National Institutes of Health cation grants, to other important pro- There are areas of bipartisan agree- would face a $2.5 billion cut. They grams such as Head Start, and the ment that we ought to be able to take would have to halt or curtail scientific TRIO Program, which helps low-in- action on right away. We have had a research, including needed research in come and first-generation students at- number of GAO reports that make rec- cancer and childhood diseases. The tend and excel in college. ommendations on duplicative programs Centers for Disease Control and Pre- Think about the Low-Income Home within government. We are already vention would see a $464 million cut. Energy Assistance Program, bio- working to control the long-term costs States and local communities would medical research that is so critical, of health care, to close tax loopholes, lose billions of Federal education fund- cuts in the FAA workforce that could and on defense spending, we all know ing for title I, for special education reduce air traffic control, disrupting there are still reforms that can be grants, and for other programs. air traffic during the busy summer done, as the Senator pointed out. We As many as 100,000 children will lose months. can get better physical controls. We their places in Head Start, 25,000 teach- The list goes on and on: essential can end some of the fraud and abuse in ers could lose their jobs, and we will education, health care, research, trans- contracting. That is just the beginning see those impacts immediately in portation programs that deserve sup- of a list that, I am sure, if we all dedi- Maine and in New Hampshire. port that do not deserve to all be treat- cated ourselves to coming up with a I wish to turn back to the Senator ed the same. compromise on how we avoid the se- Again, I want to emphasize that we from Maine to share what she is seeing quester, we could do. in Maine. recognize spending must be cut and the We should not delay because our fail- Ms. COLLINS. Mr. President, first I debt, at $16.4 trillion, is way out of con- ure to resolve this issue is having dam- wish to commend the Senator from trol. That amounts to something like aging effects on our economy, and it is $52,000 for each man, woman, and child New Hampshire for broadening the de- only going to get worse if we do not in this country. bate and reminding all of us of the find the solution. We are committed to seeking prag- macroeconomic impact, as well as the So, again, I thank Senator COLLINS matic solutions through compromise impact on our two States. for her commitment to address this and to avoiding this devastation of our The estimate is that Maine’s defense challenge we face, for her willingness economy and our national security. We industry—which includes not just the to come down and engage with me, and recognize we have to look at all areas Portsmouth Naval Shipyard, Bath Iron for us to work together, along with our Works, and our Pratt & Whitney plant, of spending and that we need to over- haul our Tax Code and make it more colleagues, to try to get a resolution so but a lot of smaller contractors and we do not have these devastating cuts suppliers—could lose as many as 4,000 pro-growth, simpler, and fairer. If ever there were a moment when Members of going into effect. jobs as a result of sequestration. Think Congress and the President should put Mr. President, I yield the floor. about that. That means, as the Senator The PRESIDING OFFICER. The Sen- aside their politics for the greater good from New Hampshire pointed out, these ator from Oklahoma. of the Nation, now is the time. are people who are supporting their So I, for one, want to thank the Sen- Mr. LEVIN. Mr. President, I wonder families and who are supporting other ator from New Hampshire for caring so if the Senator would yield for one mo- businesses in the community. The im- much about this issue. We have agreed ment, without losing his right to the pact, the ripple effect, is just dev- to work together—and continue to floor. astating. work together—to address this. These Mr. INHOFE. Yes, I will. That is why it does not surprise me automatic cuts were never supposed to Mr. LEVIN. Before the Senators from that the Congressional Budget Office take effect. I remember being told: Do New Hampshire and Maine leave the has pointed to sequestration as the pri- not worry. It is never going to happen. floor, I just want to commend them for mary cause for the slow growth we It is too unpalatable. It will just never their statements, for their conversa- have seen already, and CBO projects as occur. tion. It is so critically important we well; that our economy would grow at Well, they were supposed to force us avoid sequester. The more Senators a faster rate—at 2 percent—if we avert- to make the difficult decisions nec- and the more Members of the House ed sequestration. These aren’t mean- essary to put our economy on a sound who look for ways on a bipartisan basis ingless numbers. They affect real peo- footing and to deal with our to avoid it, the better. We only have 2 ple. The estimates are that we would unsustainable debt. Our Nation’s lead- weeks left to go. With the kind of en- lose between 1.4 million and 2 million ers—the President, Democrats and Re- ergy and creativity that these two Sen- jobs if this is allowed to go into effect publicans alike—have denounced se- ators bring to this body, it makes me a nationwide. questration for the most part, and yet little bit more hopeful that we are It is also a failure on the part of here we are. going to be able to avoid this unbeliev- Washington to make decisions. If we So I hope we can work together to ably bad outcome. are going to allow these mindless, in- avoid this fiscal cliff which will have So I just want to thank both Sen- discriminate cuts to go into effect, why such damaging effects for the people of ators and thank my friend from Okla- are we here? We might as well have this Nation. homa for yielding for a moment. computers or robots making decisions Thank you, Mr. President. Mr. INHOFE. Mr. President, let me, for us. Our job is to do the hard, pain- Mrs. SHAHEEN. Mr. President, I first of all, respond to the chairman of ful work of setting priorities and mak- thank Senator COLLINS very much for the Armed Services Committee. I ing decisions. That is why I am so frus- her kind words. I know we both care a agree. We have talked about the an- trated by the approach we appear to be great deal about this situation we are guish. on the verge of taking. in, as I think most of the Members of We had a hearing yesterday where The Senator from New Hampshire the body do. What is so frustrating is the service chiefs discussed the disaster makes a very important point. While that it is avoidable. This is not some- facing our armed forces if we go the Department of Defense would take thing that has to happen because we through sequestration. I do not think a disproportionate impact from seques- are facing a crisis. This is happening most Members of this body fully under- tration, and I am extremely concerned because of what we have done in our stand what it means, not just to the de- about that, there are other important actions. So we can undo these actions, fense of our country as a whole, but to programs that would be affected as as the Senator points out. each of the individual States. well. The superintendents groups have I share the Senator’s belief that we In my State of Oklahoma, I am very met with me and talked about what it need a comprehensive solution. We concerned about Tinker Air Force Base

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.059 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S689 and its 16,000 civilian employees. What out Leader HARRY REID. So we have a U.S. SENATE, is going to happen there? very good relationship, and one which Washington, DC, February 6, 2013. Anyway, let me just wind up this will continue. The Hon. CHUCK HAGEL, part by saying I have been ranked as Distinguished Professor in the Practice of Na- However, Senator REID, on numerous tional Government, Edmund A. Walsh the most conservative Member for occasions, was concerned about Repub- School of Foreign Service, Gerorgetown Uni- many years. But I have always said: I lican nominations. During the Bush versity, Washington, DC. am a big supporter of using our re- Presidency, Stephen Johnson—who, in- DEAR SENATOR HAGEL, On January 29, two sources in two areas: One is national days before your confirmation hearing, you cidentally, was a Democrat—was nomi- defense and the other is transportation received a request, via email, from several nated to be EPA Administrator. I and infrastructure. Senators on the Senate Armed Services Com- A short while ago, the majority lead- thought he would be good Adminis- mittee for additional information necessary er was kind enough to call my office trator. There were several Democrats to fairly assess your nomination to be Sec- who thought he would not be good Ad- retary of Defense. The written copy of the and tell me I would be objecting to the letter (delivered the next day) was signed by consideration of the nomination of ministrator. So HARRY REID did what he is supposed to do, and he interceded six Senators, including the Ranking Member former Senator Hagel to be Secretary of the Committee. The letter requested that of Defense. on behalf of the Democrats who op- you respond to the request before the hear- However, this is not a filibuster. I posed him. As result, cloture was filed ing, so that you could then answer questions keep getting stopped by people out in and, therefore, the nomination needed concerning your responses. the hall: Oh, we are going to filibuster. 60 votes to proceed. Well, the Adminis- You declined to respond to the request for Who is going to filibuster? trator got 61 votes. additional financial disclosure. At the hearing, you were told by Members What we are doing is not a filibuster. Another example was Dirk Kemp- of the Committee that a response to our re- We are seeking a 60 vote threshold for thorne. He was nominated to be Sec- quest for information would be necessary be- a controversial nomination. If the ma- retary of the Interior. My colleagues fore the Committee could vote on your nomi- jority really wanted to move forward will remember he is a former Senator nation. The Chairman of the Committee ex- quickly, all they have to do is agree to from Idaho. Some objected to his con- pressly asked you to submit your response a 60-vote margin, like they did with the by Monday, February 4. firmation. Of course, this was during Monday came and went, and you still did Sebelius and Bryson nominations. the Bush administration. Senator In addition, as ranking member of not respond. Kempthorne was nominated, and he At the end of the day on Tuesday, Feb- the Senate Armed Services Committee, went ahead and was confirmed. It was ruary 5, you submitted a short ‘‘response’’ to I am obligated to assist the members of a 60-vote margin. There is nothing un- our request. In that response, you explicitly the committee. usual about this. declined to answer many of the questions First of all, the vote in the com- asked of you. mittee was a 100-percent partisan vote. Getting back to Stephen Johnson, You were asked to disclose all compensa- Every Republican there voted against this is even more analogous to what we tion over $5,000 that you have received over moving the Hagel nomination out of have right now because he was a Demo- the past five years. You declined to do so. You were asked to disclose if—and to what committee. Well, there has to be a rea- crat who was nominated by a Repub- specific extent—the Atlantic Council has re- son for that. lican President. Unfortunately, once ceived foreign funding in the past five years. One of the reasons—the major rea- again we were forced by the Democrats You declined to do so. son, I would say—and if you do not be- to have a cloture vote which requires You were asked to disclose if—and to what lieve this, go back and look at the tape 60 votes. specific extent—McCarthy Capital has re- of the meeting yesterday where many ceived foreign funding in the past ten years. Stephen Johnson was a Democrat. So of our members said: Why is it we are You declined to do so. here we had the Republicans wanting rushing to confirm Chuck Hagel to be You were asked to disclose if—and to what Stephen Johnson and the Democrats specific extent—Corsair Capital has received Secretary of Defense when he has not not wanting Stephen Johnson. It is foreign funding in the past ten years. You given us the information we have re- very analogous to what we have today. declined to do so. quested? One such Member is the jun- You were asked to disclose if—and to what ior Senator from Texas, who is in the Today, we have former Senator Chuck specific extent—Wolfensohn and Company Chamber with me right now. Hagel, who is a Republican. has received foreign funding in the past ten But let me first clarify there is noth- But in this case, we have a situation years. You declined to do so. ing unusual about requesting a 60-vote where cloture has been filed by the ma- You were asked to disclose if—and to what threshold. This happens all the time. I specific extent—M.I.C. Industries has re- jority leader. I have no objection to ceived foreign funding in the past ten years. can remember when the majority lead- voting. I do not want to wait. I do not You declined to do so. er agreed to a 60-vote threshold in the want to string this out. I have other You were asked to disclose if—and to what 2009 nomination of Kathleen Sebelius. places to go other than hanging around specific extent—the National Interest Secu- She was confirmed. here. I would vote tonight if we could rity Company has received foreign funding in There is nothing unusual about a 60- just get the information that has been the ten years. You declined to do so. vote threshold. You were asked to disclose if—and to what requested by the Republican members specific extent—Elite Training and Security, John Bryson was nominated to be the of the Senate Armed Services Com- Secretary of Commerce. Several of us LLC has received foreign funding in the past mittee. ten years. You declined to do so. had concerns about this nomination. Keep in mind, the Hagel nomination You were asked to disclose if—and to what Ultimately, he was confirmed. But specific extent—Kaseman, LLC has received once again the entire Senate agreed to was reported out of committee by a foreign funding in the past ten years. You a confirmation vote by a 60-vote mar- 100-percent partisan vote. All Repub- declined to do so. gin. licans voted against sending him out. Your own financial records are entirely I can remember when the majority Why did they do it? They did it because within your own control, and you have flatly leader—let me say this about the ma- we have not gotten the information we refused to comply with the Committee Mem- want. bers’ request for supplemental information. jority leader. He has been exception- The records from the other firms—more ally good to me on things I have been I have a letter. This is a letter that is than one of which, you have disclosed, paid involved in. I have two major bills that signed by 25 Republicans stating that you $100,000 or more—are highly relevant to were my bills. One was in concert with we have not received the information the proper consideration of your nomination. BARBARA BOXER—the highway bill. necessary for a proper vetting of the Your letter discloses no affirmative efforts Frankly, I could not have gotten it Hagel nomination. on your part to obtain the needed disclosure, passed without them. Another was my and your lack of effort to provide a sub- pilots’ bill of rights. I could not get a Mr. President, I ask unanimous con- stantive response on this issue is deeply sent it be printed in the RECORD. troubling. hearing on it in committee. I tried for If it is the case that you personally have a year. He stepped in and helped me. I There being no objection, the mate- received substantial financial remunera- have said in national publications I rial was ordered to be printed in the tion—either directly or indirectly—from for- could not have gotten it passed with- RECORD, as follows: eign governments, sovereign wealth funds,

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.063 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S690 CONGRESSIONAL RECORD — SENATE February 13, 2013 lobbyists, corporations, or individuals, that mittee in both the House and Senate Estrada. We remember ROBERT information is at the very minimum relevant for 25 years. I do not remember one PORTMAN, now one of our fellow Sen- to this Committee’s assessment of your nom- time when information that was re- ators. ination. Such remuneration may be entirely quested, which was perfectly within So there is nothing unusual about appropriate, but that determination cannot this. But there is a problem with the be made without disclosure. the purview of the committee was not If you have not received remuneration—di- provided. This has not happened. This process we are entering now. That rectly or indirectly—from foreign sources, is unprecedented. process is, we have made requests—I then proper disclosure will easily dem- I heard some people say: you are fili- am talking about Members such as onstrate that fact. bustering a Cabinet appointee. That is Senator CRUZ from Texas and other Your refusal to respond to this reasonable not what we are doing. What we are members of the Senate Armed Services request suggests either a lack of respect for trying to prevent is an unprecedented Committee who have made perfectly the Senate’s responsibility to advise and event where committee members do reasonable requests for information. In consent or that you are for some reason un- this case, it is on speeches reportedly willing to allow this financial disclosure to not receive information which is im- come to light. portant for Members to have in order made to foreign audiences. However, This Committee, and the American people, to consider a nomination. these concerns can be clarified in a have a right to know if a nominee for Sec- So I will continue to read the letter. matter of minutes. retary of Defense has received compensation, The letter includes a request for a That is why we should not rush. If directly or indirectly, from foreign sources. complete list of his prior public speech- this information is provided we could Until the Committee receives full and com- es, notably, multiple additional speech- resolve this matter tonight. The infor- plete answers, it cannot in good faith deter- es on controversial topics that have mation is out there. I have personally mine whether you should be confirmed as talked to Senator CRUZ. He said: Look, Secretary of Defense. been made public by the press. For example, I understand FOX News if they will just give us that informa- Therefore, in the judgment of the under- tion we have been requesting now for signed, a Committee vote on your nomina- is going to run a story tomorrow re- tion should not occur unless and until you garding some speeches made by former weeks, we can have the vote tonight. provide the requested information. Senator Hagel. If so, these speeches That is our reasonable request. We Sincerely, would certainly give rise to a lot of in- are not talking about merits. We are (Signed by 26 Senators). terest because, I have been informed, not talking about substance. We are Mr. INHOFE. This letter is signed by we are talking about speeches which talking about a process. Never before several Senators, but it was promoted, were made and paid for by foreign gov- in my memory has a Senate Armed more than by anyone else, by the Sen- ernments. I have also been told, some Services member’s reasonable request ator from Texas. The Senator has re- of these foreign governments may not been denied before someone has come peatedly requested this information. I be friendly to us. up for a confirmation. It is a simple re- have personally heard Senator CRUZ re- Therefore, I believe Senators are en- quest. It has been done on a regular quest this information, just yesterday, titled to review this information. Are basis. A 60-vote margin is not a fili- and on several previous occasions. we entitled to that? Yes; we are enti- buster. We are merely saying the Sen- In a previous letter, he said: We ex- tled to that. ate is entitled to this information. press our concern—several Senators So this letter includes a request for a Hopefully, this will jar some of the in- also signed this letter—on the unneces- complete list of his prior public speech- formation loose. Maybe we can get it sary rush to force through a vote on es, notably, additional speeches on con- now. I hope we do. Chuck Hagel’s nomination before he troversial topics that have been made I want to move this on and move it as has been able to respond adequately to public in the press, despite those rapidly as possible. I yield the floor and I suggest the ab- multiple requests from members of the speeches having been omitted from his sence of a quorum. Armed Services Committee for addi- own disclosure. The PRESIDING OFFICER. The tional information. I remember in the early stages of the clerk will call the roll. I’m reading now from the letter: confirmation process, requests were The assistant legislative clerk pro- Those requests have included a request made of Senator Hagel about informa- ceeded to call the roll. to Chuck Hagel for the disclosure of his tion we knew existed because the press Mr. WHITEHOUSE. Mr. President, I personal compensation he has received had written about it in the past. Some ask unanimous consent that the order over the past 5 years. may argue that Senators are not enti- for the quorum call be rescinded. We are talking about Chuck Hagel. tled to review these speeches. I dis- The PRESIDING OFFICER. Without This is information which he con- agree. A member of the Armed Services objection, it is so ordered. trols. He can provide this information. Committee has a responsibility to re- Mr. WHITEHOUSE. Mr. President, I It is there. view that information. ask unanimous consent to speak as in The letter also requests the disclo- The letter also makes the critical re- morning business for up to 15 minutes. sure of foreign funds he may have re- quest from the administration for addi- The PRESIDING OFFICER. Without ceived indirectly. This is important be- tional information on their precise ac- objection, it is so ordered. cause some have raised questions of a tions during and immediately fol- CLIMATE CHANGE potential conflict of interest. lowing the tragic murder of four Amer- Mr. WHITEHOUSE. Mr. President, I Why does he not want to disclose icans in Benghazi, Libya on September am here again to talk about the effects this? Somehow he would like to be con- 11, 2012. of climate change on the health of our firmed without disclosing this informa- Regardless, if the administration has families and our communities. Just as tion. answered these questions, the Senate is we know that secondhand smoke and As Senators we have a responsibility entitled to review speeches that have too much sun exposure are bad for here. I do not care if you are a Demo- been made by the person who is up for human health, we know pollution and crat or Republican. If a member of the confirmation to be Secretary of De- variations in climate conditions are as Armed Services Committee requests fense. well. this information and the information is I would say to the majority leader, I wish to thank our chairman on the available and he is able to obtain it and the request for a 60 vote threshold is Environment and Public Works Com- does not provide it, we have a process based on precedent. It is what the ma- mittee, Mrs. BOXER, for the briefing she problem. jority leader agreed to on the John held today with a number of scientists, Mr. President, my primary objection Bryson and Kathleen Sebelius nomina- including one who spoke specifically to Chuck Hagel’s confirmation is for tions. It is what he insisted upon when about the human health effects we can policy reasons. That is why I think he the Democrats forced cloture to be see from climate change. Climate is not qualified for that job. Others do filed on the Dirk Kempthorne and Ste- change is threatening to erode the im- not agree with that. That is fine. But phen Johnson nominations. There are provements in air quality we have they have to agree on the process. several others. Michael Leavitt was achieved through the Clean Air Act. In fact, I cannot remember—and I one. John Bolton went through this EPA-enforced emissions reductions have been on the Armed Services Com- twice. We all remember Miguel have led to a decline in the number and

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.011 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S691 severity of bad air days in the United Warming oceans and lakes can also into the open, releasing up to actually States. These are the days I know the harm our health. Higher water surface 860 billion gallons of untreated sewage Presiding Officer is familiar with be- temperature is associated with harmful and wastewater. In 2010, heavy rainfall cause I am sure they happen in Con- blooms of various species of algae. and flooding caused millions of dollars necticut as well as in Rhode Island, These blooms are often referred to as in damage in spilled raw sewage in where the air quality is so poor that it ‘‘red tide.’’ They deplete oxygen, block Warwick, RI, my home State. The flood is unhealthy for sensitive individuals: sunlight, and they produce toxins. The led to the temporary shutdown of the the elderly, infants, people with toxins are very often captured by local wastewater treatment facility. breathing difficulties to be outdoors. clams and oysters and other shellfish. These overflows, like the one in War- Even healthy people are urged to limit When they are consumed, it can re- wick, can result in beach closures, their activities when out-of-doors. sult in neurotoxic shellfish poisoning, shellfish bed closures, contamination In Rhode Island, about 12 percent of which causes debilitating respiratory of drinking water supplies, and other children and 11 percent of adults suffer and gastrointestinal symptoms. A environmental and public health prob- from asthma. Both are higher than the warming climate also is predicted to lems. national average. Our Rhode Island change the range of disease-spreading Extreme rainfall, meaning both way Public Transit Authority runs free parasites, such as ticks and mosqui- too little and way too much rainfall, buses on bad ozone days to try to keep toes. With longer summers and shorter promotes waterborne outbreaks of dis- car traffic down because these days are winters, we will face more exposure to ease. In the northeast United States, so dangerous to the public. Of course, these pests and to the diseases they heavy rainfall has increased by 74 per- the major air pollutant behind bad air can carry. cent since my childhood in the 1950s. days is ozone, commonly known as We in New England and Connecticut As we have seen with Superstorm smog. Ground-level ozone or smog and Rhode Island and Massachusetts, Sandy, Hurricane Irene, and Hurricane makes it difficult to breathe, causes of course, are very familiar with lyme Katrina, storms can very quickly affect coughing, inflames airways, aggravates disease, which is a tick-borne illness millions of people and require tens of asthma, emphysema and bronchitis and that can have very grave and serious billions of dollars to clean up. The makes lungs more susceptible to infec- effects. threat gets worse as sea-level rise al- tion. Slow and steady warming is also lows storm surges to reach farther in- That all means asthma attacks, causing sea levels to rise, which threat- land and create more damage than just emergency room visits, hospitaliza- ens coastal infrastructure and human a few decades ago. Much of the east tions, which, in turn, result in missed safety as well. In South Kingstown, RI, coast was fearful of flooding during school and work and a burden not only Matunuck Beach Road is the only Superstorm Sandy last year, including, of worry but also a burden on the econ- means of access to approximately 500 of course, southern Rhode Island. Be- omy. Smog, of course, forms more homes. That road also covers the pub- cause of erosion and sea-level rise, the quickly during hot and sunny days. So lic water main. For years, the sand ero- storm surges on our shores can reach as climate change drives more heat, it sion has eaten away at the beach. Now homes that were originally built hun- increases the number of warm days and the road is immediately vulnerable to dreds of feet from the coastline. the conditions for smog and for bad air storms. Indeed it has been overwashed I had the experience of standing with days become more common. in recent storms. A breach in a man who had a childhood home that Climate change is also prolonging the Matunuck Beach Road cuts off those had been through at least three genera- allergy season. I am sure there are a 500 homes from emergency services. If tions of his family. He was now actu- number of people listening who suffer it were damaging enough, it could cut ally older than me, and that childhood from hay fever in the late summer and off their water. home—which had stood well back from early fall. Some people suffer from it Our water quality is also threatened. the beach—was canting toward the sea most acutely. It is most often caused Many of Rhode Island’s wastewater and tumbling into the ocean. The by ragweed pollen. Since 1995, ragweed treatment plants are in low-lying areas ocean had claimed his home of mul- season has increased across the coun- and flood zones near the coast. It is the tiple generations as its victim. try. It has increased by 13 days in story in many other States. In Cali- This map shows by ZIP code where Madison, WI. It has increased by 20 fornia, for example, the rising sea level the 800,000 people displaced by Hurri- days in Minneapolis, MN. It has in- has put 29 wastewater treatment cane Katrina sought refuge after that creased by almost 25 days in Fargo, plants, responsible for 530 million gal- terrible storm. Hundreds of thousands ND. The further north you go, the lons of sewage processing every day, at of people were strewn across every cor- greater the increase in the ragweed increased risk for flooding. ner of the country. Hundreds of thou- season. So for folks in Fargo, for in- As we know, climate change loads sands of lives were disrupted as a re- stance, it is 25 more days of sniffling the dice for more extreme weather: sult. and sneezing and 25 more days that heat waves, droughts, storms, all seri- Thankfully, not everybody is sleep- ragweed pollen might trigger a child’s ous threats to human health and safe- walking through these alarming reali- asthma attack. ty. Climate change has led to an in- ties. In 2010, Rhode Island created our Not only does more carbon dioxide in crease in the likelihood of severe heat Climate Change Commission, which the atmosphere mean warmer weather waves. Extreme heat causes heat ex- has identified risks to key infrastruc- and therefore longer pollen seasons, it haustion. It can cause heat stroke. The ture and is analyzing data from events also means a higher pollen count. At need for air-conditioning in heat waves such as Hurricane Sandy and the 2010 280 parts per million, which was the also strains the power infrastructure, flood. Other States have formed simi- concentration of atmospheric carbon which can cause electrical brownouts lar commissions. back in the year 1900, each ragweed and blackouts. This hinders emergency I brought last night to our Presi- plant would produce about 5 grams of services and exacerbates wildfires and dent’s State of the Union Address Gro- pollen. drought. These are the kinds of condi- ver Fugate, who is executive director At 370 parts per million, which is tions—from extreme heat—that led to of our Coastal Resources Management where we are now—year 2000 levels to literally tens of thousands of deaths in Council, which has to look at and ad- be precise—pollen production more the record-setting Russian heat wave dress every day and plan for the effects than doubles. It doubles again at 72 of 2010. of our rising sea level, increased storm parts per million, which is the con- Heavy rainfall can cause physical activity, and the risk that that por- centration that is now projected for damage, flooding erosion, and sewage tends to the shores of our ocean State. the year 2075. So as we work to im- overflow. The Environmental Protec- For the past 3 years, Rhode Island prove air quality and to reduce res- tion Agency estimates that 118,000 san- has also been part of a regional green- piratory illnesses and the allergic con- itary sewer overflows occur annually house gas initiative nicknamed ditions that trigger respiratory dis- from storms overwashing through com- ReGGie, along with our neighbors in tress, we need to fight the growing bined sewer systems, overloading those Connecticut, Delaware, Maine, Mary- trigger, climate change. systems, and being released directly land, Massachusetts, New Hampshire,

VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.067 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S692 CONGRESSIONAL RECORD — SENATE February 13, 2013 New York, and Vermont. Our region indicated while assigned to a position of im- peared in the Congressional Record of Janu- caps carbon emissions and sells permits portance and responsibility under title 10, ary 23, 2013. to emit greenhouses gases to power- U.S.C., section 601: PN82 ARMY nominations (2) beginning plants. This has created economic in- To be lieutenant general Derek S. Reynolds, and ending Brian D. Maj. Gen. Kenneth E. Tovo Vogt, which nominations were received by centives for both the States and our the Senate and appeared in the Congres- utilities to invest in energy efficiency The following named officer for appoint- sional Record of January 23, 2013. and in renewable energy development. ment in the United States Army Nurse Corps PN83 ARMY nominations (2) beginning Ed- And consumers have reaped the benefit to the grade indicated under title 10, U.S.C., ward A. Figueroa, and ending Michael C. of lower prices. In 2012, regional emis- sections 624 and 3064: Vanhoven, which nominations were received sions were 45 percent below the annual To be brigadier general by the Senate and appeared in the Congres- cap, so just last week the State an- Col. Barbara R. Holcomb sional Record of January 23, 2013. nounced an agreement to cap future The following named officer for appoint- PN84 ARMY nominations (2) beginning emissions at the 2012 rate. ment in the United States Army Medical JACK C. MASON, and ending TODD B. I am proud of the work done in my Service Corps to the grade indicated under WAYTASHEK, which nominations were re- State, and I know the Presiding Offi- title 10, U.S.C., sections 624 and 3064: ceived by the Senate and appeared in the To be brigadier general Congressional Record of January 23, 2013. cer’s home State of Connecticut is PN85 ARMY nominations (79) beginning working equally hard on this issue. We Col. Patrick D. Sargent RUTH E. APONTE, and ending MICHAEL J. are working to both slow climate The following named officers for appoint- ZINNO, which nominations were received by change and to prepare for what are now ment in the United States Army Medical the Senate and appeared in the Congres- its inevitable effects. But sadly, when Corps to the grade indicated under title 10, sional Record of January 23, 2013. it comes to this particular threat to U.S.C., sections 624 and 3064: PN86 ARMY nominations (88) beginning our national security and our pros- To be major general LESLIE E. AKINS, and ending MARC W. perity, Congress is asleep. It is time for Brig. Gen. Brian C. Lein ZELNICK, which nominations were received us to wake up. The health and safety of Brig. Gen. Nadja Y. West by the Senate and appeared in the Congres- sional Record of January 23, 2013. Americans and of people all over the NOMINATIONS PLACED ON THE SECRETARY’S PN87 ARMY nominations (217) beginning DESK world is at risk. We must awaken to TIMOTHY G. ABRELL, and ending JOHN A. IN THE AIR FORCE what is happening in the world around ZULFER, which nominations were received us and to the fact that the carbon pol- PN70 AIR FORCE nomination of Kory D. by the Senate and appeared in the Congres- lution we are emitting is causing it. Bingham, which was received by the Senate sional Record of January 23, 2013. This is our responsibility. This is our and appeared in the Congressional Record of PN88 ARMY nominations (225) beginning generation’s responsibility. It is, in- January 23, 2013. RAFAEL E. ABREU, and ending R010075, PN71 AIR FORCE nominations (3) begin- which nominations were received by the Sen- deed, our duty. It is time for us to ning MICHAEL A. COOPER, and ending wake up. ate and appeared in the Congressional SUSAN MICHELLE MILLER, which nomina- Record of January 23, 2013. Mr. President, I yield the floor, and I tions were received by the Senate and ap- IN THE MARINE CORPS suggest the absence of a quorum. peared in the Congressional Record of Janu- The PRESIDING OFFICER. The ary 23, 2013. PN91 MARINE CORPS nomination of Jack- clerk will call the roll. PN72 AIR FORCE nominations (4) begin- ie W. Morgan, Jr., which was received by the The assistant legislative clerk pro- ning VICTOR DOUGLAS BROWN, and ending Senate and appeared in the Congressional ceeded to call the roll. RODNEY M. WAITE, which nominations Record of January 23, 2013. Mr. BLUMENTHAL. Mr. President, I were received by the Senate and appeared in PN92 MARINE CORPS nomination of Dana ask unanimous consent the order for the Congressional Record of January 23, 2013. R. Fike, which was received by the Senate the quorum call be rescinded. PN73 AIR FORCE nominations (4) begin- and appeared in the Congressional Record of The PRESIDING OFFICER (Mr. ning WALTER S. ADAMS, and ending CARL January 23, 2013. E. SUPPLEE, which nominations were re- PN93 MARINE CORPS nomination of Sam- HEINRICH). Without objection, it is so ceived by the Senate and appeared in the uel W. Spencer, III, which was received by ordered. Congressional Record of January 23, 2013. the Senate and appeared in the Congres- f PN74 AIR FORCE nominations (6) begin- sional Record of January 23, 2013. ning JOHN J. BARTRUM, and ending PN94 MARINE CORPS nomination of EXECUTIVE CALENDAR GEORGE L. VALENTINE, which nomina- Larry Miyamoto, which was received by the Mr. BLUMENTHAL. Mr. President, I tions were received by the Senate and ap- Senate and appeared in the Congressional ask unanimous consent that the Sen- peared in the Congressional Record of Janu- Record of January 23, 2013. ate consider the following nomina- ary 23, 2013. PN97 MARINE CORPS nominations (2) be- tions, Calendar Nos. 2, 3, 4, 5 and 6, and PN75 AIR FORCE nominations (8) begin- ginning GEORGE L. ROBERTS, and ending all nominations placed on the Sec- ning KIMBERLY L. BARBER, and ending PAUL A. SHIRLEY, which nominations were JANET L. SETNOR, which nominations were received by the Senate and appeared in the retary’s desk in the Air Force, Army, received by the Senate and appeared in the Congressional Record of January 23, 2013. Marine Corps, and Navy; that the Congressional Record of January 23, 2013. PN98 MARINE CORPS nominations (2) be- nominations be confirmed en bloc; the PN76 AIR FORCE nominations (11) begin- ginning RICHARD D. KOHLER, and ending motions to reconsider be considered ning DINA L. BERNSTEIN, and ending WIL- GARY J. SPINELLI, which nominations made and laid upon the table with no LIAM R. YOUNGBLOOD, which nominations were received by the Senate and appeared in intervening action or debate; that no were received by the Senate and appeared in the Congressional Record of January 23, 2013. further motions be in order to any of the Congressional Record of January 23, 2013. PN100 MARINE CORPS nominations (2) be- PN77 AIR FORCE nominations (12) begin- ginning ERIC T. CLINE, and ending ROBERT the nominations; that the President be ning TIMOTHY LEE BRININGER, and end- immediately notified of the Senate’s S. SCHMIDT, JR., which nominations were ing CHRISTOPHER J. RYAN, which nomina- received by the Senate and appeared in the action, and that the Senate then re- tions were received by the Senate and ap- Congressional Record of January 23, 2013. sume legislative session. peared in the Congressional Record of Janu- PN101 MARINE CORPS nominations (2) be- The PRESIDING OFFICER. Without ary 23, 2013. ginning JOSE L. SADA, and ending BRIAN objection, it is so ordered. PN78 AIR FORCE nominations (198) begin- J. SPOONER, which nominations were re- The nominations considered and con- ning FRANCIS XAVIER ALTIERI, and end- ceived by the Senate and appeared in the firmed en bloc are as follows: ing KEVIN M. ZELLER, which nominations Congressional Record of January 23, 2013. were received by the Senate and appeared in IN THE AIR FORCE PN102 MARINE CORPS nominations (3) be- the Congressional Record of January 23, 2013. The following named Air National Guard of ginning FREDERICK L. HUNT, and ending the United States officer for appointment in IN THE ARMY CHAD E. TIDWELL, which nominations were the Reserve of the Air Force to the grade in- PN79 ARMY nomination of Jonathan A. received by the Senate and appeared in the dicated while assigned to a position of im- Foskey, which was received by the Senate Congressional Record of January 23, 2013. portance and responsibility under title 10, and appeared in the Congressional Record of PN103 MARINE CORPS nominations (3) be- U.S.C., section 601: January 23, 2013. ginning TODD E. LOTSPEICH, and ending DONALD E. WILLIAMS, which nominations To be lieutenant general PN80 ARMY nomination of Marion J. Parks, which was received by the Senate and were received by the Senate and appeared in Maj. Gen. William H. Etter appeared in the Congressional Record of Jan- the Congressional Record of January 23, 2013. IN THE ARMY uary 23, 2013. PN104 MARINE CORPS nominations (3) be- The following named officer for appoint- PN81 ARMY nomination of Karen A. Pike, ginning JASON B. DAVIS, and ending JOHN ment in the United States Army to the grade which was received by the Senate and ap- F. REYNOLDS, JR., which nominations were

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.068 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S693 received by the Senate and appeared in the also certain that my colleagues in this I am fairly certain that when God Congressional Record of January 23, 2013. Chamber will agree that when it comes looked down on a newly elected Sen- PN105 MARINE CORPS nominations (3) be- to this institution, we can rightly ator from Utah during the final months ginning TRAVIS M. FULTON, and ending change that statement ever so slightly of 2010, He knew that any old chief of GARY S. LIDDELL, which nominations were received by the Senate and appeared in the to say, ‘‘So God Made a Chief of Staff.’’ staff wouldn’t do. So, in my case, he Congressional Record of January 23, 2013. My first chief of staff Spencer Stokes actually chose a farmer—a turkey PN106 MARINE CORPS nominations (4) be- is returning to Utah. He is also return- farmer, to be specific—from Bothwell, ginning BRYAN DELGADO, and ending ing to his family and to private life UT, named Spencer Stokes. RODOLFO D. QUISPE, which nominations after 2 extraordinary years serving me Spencer has been a truly outstanding were received by the Senate and appeared in in my office. I offer this in tribute to chief of staff. Doing the heavy lifting the Congressional Record of January 23, 2013. him and to all great chiefs of staff who and providing the Herculean effort re- PN107 MARINE CORPS nominations (4) be- labor here on Capitol Hill. quired to set up an office and build a ginning DAVID B. BLANN, and ending When God looked down on the Sen- ALLEN L. LEWIS, which nominations were staff from scratch proved to be Spen- received by the Senate and appeared in the ate, He realized that Senators alone cer’s forte. It proved to be easy for Congressional Record of January 23, 2013. could never keep things running and him—or at least he made it look easy. PN108 MARINE CORPS nominations (5) be- He said, I need a caretaker. So God He has an eye for detail like no other, ginning MICHAEL GASPERINI, and ending made a chief of staff. He needed some- though we occasionally need to remind TIMOTHY W. WILLIAMS, which nomina- one whose first thought in the morning him to ‘‘zoom out.’’ Straight chairs in tions were received by the Senate and ap- and last thought at night would be the conference room, straight desks, peared in the Congressional Record of Janu- about helping and serving a Senator; and even straight ties all set the stage ary 23, 2013. who would rise before dawn and orga- PN109 MARINE CORPS nominations (6) be- for straight talk about issues and pol- ginning STEPHEN R. BYRNES, and ending nize the day, set the strategy, deal icy and serving constituents. JAMES N. TIMMER, JR., which nominations with the thick and thin of things, and Spencer’s love of Utah and its people were received by the Senate and appeared in steer the Senator away from bad meet- is unequaled. As a first order of busi- the Congressional Record of January 23, 2013. ings, bad policy, and bad people; some- ness, he set out to make my office PN110 MARINE CORPS nominations (7) be- one who would work all day in and out something of an embassy for my State. ginning PETER K. BASABE, JR., and ending of the office, would skip holidays, So when you walk into our office, you MICHAEL A. YOUNG, which nominations birthdays, and parties in pursuit of are actually walking quite literally were received by the Senate and appeared in their service, who would stay past mid- into Utah. From the art on the walls to the Congressional Record of January 23, 2013. night waiting for a vote, and then be the naming of the conference rooms, IN THE NAVY willing to get up at the crack of dawn from our legendary JELL-O Wednesday PN115 NAVY nomination of Harry E. the next morning to do it all again. So to the staff reading of the smalltown Hayes, which was received by the Senate and God made a chief of staff. Utah newspapers each week—every- appeared in the Congressional Record of Jan- He needed someone with thick skin, uary 23, 2013. thing leads to an experience in our of- PN116 NAVY nomination of Shemeya L. strong will, and at the same time a soft fice, and everything in our office is an Grant, which was received by the Senate and touch; strong enough to herd cats, yet experience of Utah. appeared in the Congressional Record of Jan- gentle enough to comfort a grieving Spencer will long be remembered and uary 23, 2013. constituent or staff member; someone appreciated for his handwritten notes, PN117 NAVY nominations (2) beginning to call BS, tame the cantankerous bu- the best night tour in DC—a true CHRISTOPHER J. KANE, and ending LUKE reaucracy of government, creatively story—bringing people together, con- C. SUBER, which nominations were received solve problems big and small, and pa- fetti cannons, Utah fry sauce, lots of by the Senate and appeared in the Congres- tiently listen to a hostile constituent sional Record of January 23, 2013. laughter, and a tireless commitment to PN118 NAVY nominations (29) beginning with an axe to grind, and then tell that make bad things good and good things JEANINE F. BENJAMIN, and ending BEN- same constituent to come back again even better. JAMIN F. VISGER, which nominations were real soon—and mean it. So God made a From Spencer’s perspective, there received by the Senate and appeared in the chief of staff. are no small players in this great insti- Congressional Record of January 23, 2013. God said, I need someone who can tution that is the Senate. He did not f shape a staff, shine shoes, horse trade just preach that philosophy, he lived it for furniture and office space, navigate every single day he was here. As a tes- LEGISLATIVE SESSION a litany of ethics and rules require- tament to that, we noted that when we The PRESIDING OFFICER. Under ments, and play the role of cruise di- asked him to provide a list of all the the previous order, the Senate resumes rector for countless constituent tours people he wanted invited to his fare- legislative session. of Washington, DC; someone who will well party, at the top of Spencer’s list f put in a full 40 hours by Tuesday at there were people who were not nec- noon, and then put in another 72 hours essarily of high status. No, the top of MORNING BUSINESS on top of that by the end of the week. the list was reserved for the people who Mr. BLUMENTHAL. Mr. President, I So God made a chief of staff. really make this place go: cashiers and ask unanimous consent that the Sen- He had to have someone willing to cooks, security personnel, guides and ate proceed to a period of morning sprint at double speed to stay ahead of junior staff from nearly every corner of business with Senators permitted to a news story, and yet stop on a dime this building. speak for up to 10 minutes each. and pivot to help the real people of this I salute Spencer Stokes for his serv- The PRESIDING OFFICER. Without country, no matter the consequences, ice to this Nation, to this institution, objection, it is so ordered. no matter the circumstances, and re- and to the people of Utah. I salute f gardless of what the press might be Spencer for his service to me and my doing at the moment. He needed some- family. I will forever be thankful that TRIBUTE TO SPENCER STOKES one who, when the Senator becomes God made a chief of staff and especially Mr. LEE. Mr. President, I rise today surrounded by ‘‘yes’’ men is willing to thankful for a particularly extraor- to pay tribute to a special class of peo- say humbly yet firmly and resolutely, dinary chief of staff, Spencer Stokes. ple who are critical to the success of ‘‘No, sir.’’ So God made a chief of staff. f any U.S. Senator. He said, I need somebody strong During the recent Super Bowl game, enough to catch arrows, take heat, en- TRIBUTE TO U.S. MARSHAL DAVID one advertisement stood out among all dure withering criticism, and patiently DEMAG the others. It was an advertisement listen to angry voices; somebody who is Mr. LEAHY. Mr. President, one of based on a tribute taken from the great just fine with little prominence, praise, the great privileges in serving in the American Paul Harvey. It was entitled prestige, or perks, and who above all is U.S. Senate is the ability to make rec- ‘‘So God Made a Farmer.’’ While I re- fiercely loyal and forever has the Sen- ommendations to the President with spect and admire farmers greatly, espe- ator’s back. So God made a chief of respect to important nominations for cially those I know from Utah, I am staff. posts in our States. I was pleased 4

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.015 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S694 CONGRESSIONAL RECORD — SENATE February 13, 2013 years ago to recommend to President President Obama to head the U.S. Marshals tion, Patty’s passion for change led her Obama the nomination of David Demag Service’s Vermont Division. to become part of the U.S. delegation to be Vermont’s U.S. Marshal, and to Three months ago he created the Vermont to the United Nations General Assem- help move his nomination through the Violent Offender Task Force. The operation bly Special Sessions on AIDS, and was expanded the Marshals’ mission to include Judiciary Committee and Senate con- tracking down violent and habitual sex of- later appointed by President Obama in firmation. In fact, he was the first U.S. fenders. Statistically—these criminals pose a 2010 to chair the White House Council Marshal to be confirmed during the greater risk to the public. ‘‘The ones who are for Community Solutions. We have be- Obama administration. out of compliance top that list and are more come friends through our shared serv- Since his confirmation, Marshal likely to re-offend,’’ Demag said. ice on the Smithsonian Board of Re- Demag’s tireless devotion to reducing Demag said dedicating a full time team to gents, and she is active on the board of crime rates in Vermont has helped taking down non-compliant sex offenders— the Center for Global Development, make my home State a safe and com- on top of its regular fugitive finding mis- and is a member of the Circle of Allies sion—meant adding a state trooper and a fortable home for its residents. UVM police officer to the task force. But he and Champions for the National Coun- Marshal Demag began his career in said the plan is working. Since October cil of Youth Leaders. 1971 as a patrol officer for the Bur- they’ve arrested 39 federal and 40 state fugi- Patty’s dedication to philanthropy lington Police Department, where he tives. In 2012 fugitive arrests for state of- aligns perfectly with the mission of rose through the ranks as corporal, de- fenses jumped by 70 percent. ‘‘This is not a Martha’s Table. This nonprofit is more tective, sergeant, lieutenant, and later, place where fugitives or sex offenders can than a food pantry. Not only does Mar- commander. I have known Marshal come and hide,’’ said Chief Deputy U.S. Mar- tha’s Table supply more than 1,000 Demag throughout his career. He shal Bill Gerke. meals each day to hungry Washing- That’s the message the task force sent to served as chief of police for both the three high profile out-of-state fugitives on tonians, it also works to develop long- Essex and St. Albans Police Depart- the run in Vermont. The Marshals found term solutions to hunger and nutrition ments. He also was a member of the Philip Barr hiding out in Hardwick. He was issues, seeking an end to poverty. Mar- Burlington Police Department. He has wanted for a Florida murder. Robert tha’s Table helps to break the cycle of been a leader in Vermont in the fight Mulkern was arrested in Windsor for a Mary- poverty by providing education, nutri- against rural crime, and has spent his land sex assault and 149 counts of child por- tion, and family support services to life and career devoted to public serv- nography. And Clifford Moore was nabbed on hundreds of children and families. Mar- ice. his way to the airport, fleeing murder, sex tha’s Table is lucky to have someone assault and terrorism charges. Although the As a U.S. Marshal for Vermont, Dave task force gives priority to federal fugitives like Patty at the helm. I have no doubt Demag has remained dedicated to ar- identified as the ‘‘worst-of-the-worst,’’ she will successfully prepare the next resting the State’s most wanted fugi- they’ll also adopt state and local cases if generation of young people for a bright tives and sex offenders and his work in there’s a violent component to the crime. future. Patty’s self sacrifice and dedi- establishing the Vermont Violent Of- The Marshals have the tools, expertise and cation to ending poverty and hunger in fender Task Force has expanded the time that their state counterparts lack. ‘‘We our Nation’s Capital is to be com- ability of the U.S. Marshal’s office to are here as a resource for them,’’ Demag mended, and I wish her the best of luck catch violent and habitual sex offend- said. in her new role. Two weeks ago they helped local authori- I ask unanimous consent that an ar- ers. The task force has not only served ties locate Shane Phillips, a Johnson man as a tool for bringing law enforcement wanted for more than a decade for various ticle from The Washington Post enti- officials throughout the State to- violent crimes. He was hiding behind a false tled, ‘‘Patty Stonesifer, former CEO of gether, but has also improved wall in his family’s home. ‘‘The spirit and Gates Foundation, to lead D.C. food Vermont’s track record for fugitive ar- the actual cooperation has never been better pantry,’’ be printed in the RECORD. rests to 70 percent while reinvesting as- than it is presently,’’ Gerke said. The life- There being no objection, the mate- sets seized from criminals to address long Deputy Marshal said interagency co- rial was ordered to be printed in the the needs of State and local law en- operation is the key to slowing down the RECORD, as follows: state’s ongoing violent crime and preventing forcement. These results are making a out-of-state organized crime from getting a [The Washington Post, January 29, 2013] real difference in the lives of foothold in Vermont. ‘‘Vermont will not har- PATTY STONESIFER, FORMER CEO OF GATES Vermonters across the State and bor that type of activity,’’ he added. FOUNDATION, TO LEAD D.C. FOOD PANTRY should serve as a model for how Fed- The task force is funded by the federal gov- (By Steve Hendrix) eral and State law enforcement can ernment. Assets seized from the criminals It took about six months after moving to work together around the country. are then reinvested in state and local law en- Washington for Patty Stonesifer to find her One of Vermont’s local news stations, forcement—paying overtime if they help new job. As the former chief executive of the WCAX, recently ran a story high- with compliance checks—as well as outfit- Bill and Melinda Gates Foundation, she had lighting these accomplishments, and I ting them with critical safety equipment and a lot of corner-office options to sift through, vehicles. ask unanimous consent that a copy of including a university presidency and the that story be printed in the RECORD at f top jobs at a national charity and an inter- the conclusion of my remarks. I look national development agency. TRIBUTE TO PATTY STONESIFER Her choice? She’s going to run Martha’s forward to Marshal Demag’s continued Table on 14th Street NW. Starting April 1, partnership with state and local law Mr. LEAHY. Mr. President, it is easy from our perch on Capitol Hill to some- she will take over the well-regarded but de- enforcement in Vermont. cidedly local food pantry and family-services The PRESIDING OFFICER. Without times forget about the city that sur- nonprofit organization. objection, it is so ordered. rounds us. Like so many communities Stonesifer, 56, who oversaw the Gates (See exhibit 1.) across the country, urban and rural, Foundation endowment of $39 billion and a Mr. LEAHY. I look forward to Mar- Washington, D.C. wrestles with a popu- staff of more than 500 for nine years, will shal Demag’s continued partnership lation in poverty. Soon, those people manage the D.C. charity’s $6 million budget, 81 paid employees, three vans and thrift with State and local law enforcement will have a new advocate at the head of one of the Nation’s capital’s leading or- shop. in Vermont. Martha’s Table plans an official announce- ganizations focused on ending the cycle EXHIBIT 1 ment Wednesday. But as word of Stonesifer’s of poverty among local youth and [WCAX—Vermont, January 28, 2013] unexpected career move began to circulate adults. Starting in April, Patty in recent days, it inspired twin reactions: U.S. MARSHALS MAKING AN IMPACT IN Stonesifer will become the new C.E.O. ‘‘Wow!’’ and ‘‘Why?’’ VERMONT and President of Martha’s Table. Overachievers usually work their way from (By Jennifer Reading) Patty devoted 9 years of her life to small to big. Having Stonesifer come run a BURLINGTON, VT.—Five faces represent the work of the Gates Foundation. As small local charity is like General Electric Vermont’s most wanted. Two have been its chief executive officer, she helped business titan Jack Welch showing up to caught, but the remaining three fugitives are manage the corner appliance store, or one of prime targets for the U.S. Marshals Service. the foundation become the largest phil- the Super Bowl-bound Harbaugh brothers de- ‘‘It’s a real good area to attack to make anthropic institution in the world ciding to coach high school football. our communities safer here in Vermont,’’ while taking no salary for herself. ‘‘If you just look at my re´sume´, I find that said David Demag, who was appointed by After her time at the Gates Founda- I have to explain this,’’ Stonesifer said last

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.023 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S695 week at the temporary office she’d estab- with Stonesifer in their living room after her Stonesifer hesitated. ‘‘I’m going to.’’ lished at a Busboys and Poets table across coffee-shop meetings were over. The walls ‘‘It’s a good charity,’’ the man said. He the street from her new home base. In be- were covered with paintings by Seattle art- picks up volunteers there all the time, he ex- tween a series of briefings from Martha’s ists, misty mountain ranges and tulip fields. plained, young people who need a ride home. Table managers, she tried to explain how a ‘‘But I shouldn’t have been surprised. You Thinking of his own two children in Virginia top-of-the-charts philanthropy pro came to said you wanted to do something hands-on.’’ colleges, he doesn’t take their money. match fates with an ambitious local charity. ‘‘You didn’t really believe me,’’ she said. ‘‘You’d have to be mentally handicapped to ‘‘But if you know me, I don’t have to ex- ‘‘You thought I should be a university head.’’ charge somebody doing what they do,’’ he plain it at all,’’ she said. ‘‘I absolutely think ‘‘Yes, run a college,’’ he said, ‘‘maybe the said. ‘‘You work for Martha’s Table, I won’t I can help Martha’s Table, but this is going World Bank.’’ charge you, either.’’ to be wonderful for me.’’ ‘‘It’s nice to have a husband who thinks Stonesifer put a hand on his shoulder, even A shift in scale you can do anything.’’ She leaned over to pat as she insisted he take the money from her Cathy Sulzberger, the head of the Martha’s his leg. hand. ‘‘You dear, sweet man,’’ she said. ‘‘God ‘‘You’ll get your turn at running Hewlett- Table board of directors, was in a taxicab bless you.’’ last fall when she got a call from the head- Packard, I assume,’’ Kinsley said. On the curb, she exulted. She shot him a look. hunter leading the board’s search for a new ‘‘Joke! Joke!’’ he said. ‘‘That’s the power of Martha’s Table,’’ she leader: A surprising—and exciting—can- The right person said. ‘‘A man driving a cab and putting two didate had applied. First she had to get this job. kids through school. That’s what we have to ‘‘Honestly, my first response was, ‘Is Patty ‘‘Even if she comes from a major philan- work with. I’m so excited.’’ Stonesifer sure she wants this kind of job?’ ’’ thropy and is so well-known, we had to make f recalled Sulzberger. sure we were hiring the right person for Mar- Running the 33-year-old nonprofit group tha’s Table,’’ Sulzberger said of the long vet- TRIBUTE TO DR. LARRY D. TYLER will certainly be a shift in scale. Under ting Stonesifer went through. ‘‘This may be Mr. MCCONNELL. Mr. President, I Stonesifer, the Gates Foundation became the a smaller stage, but it’s not a small job for rise today to recognize a distinguished largest philanthropic institution in the anybody.’’ world. It has set colossal, planet-shifting Martha’s Table started in 1980 as a place Kentuckian, a pillar of the Louisville goals for itself: eradicating polio and ma- for hungry students to get an after-school community and a fixture at the Uni- laria, transforming American high schools, sandwich. Its ‘‘McKenna’s Wagon’’ food vans versity of Louisville, and a very good and more. have been mealtime fixtures at McPherson friend of mine. Dr. Larry D. Tyler is a Before that, Stonesifer was a senior vice Square and other gathering spots for the professor of engineering fundamentals, president at Microsoft responsible for devel- homeless for decades. Now, it serves more and this year he celebrates 50 years of oping MSNBC, Encarta and Slate magazine than 1,100 people a day with meals and early- service with UofL’s J.B. Speed School (now owned by The Washington Post Co.). childhood and after-school programs. More recently, President Obama asked her The group’s legion of volunteers is leg- of Engineering. to chair his White House Council for Commu- endary: A roll of more than 10,000 school Dr. Tyler earned his original appoint- nity Solutions, and she has just wrapped up kids, poor people and the occasional presi- ment at UofL as an engineering in- a stint as chairman of the Smithsonian In- dent who chop vegetables and build sand- structor in 1963. He received tenure in stitution’s Board of Regents. Stonesifer has wiches. 1970. He has taught more than 30 dif- appeared on Time magazine’s annual list of Now, the organization wants to make a ferent courses in the fields of engineer- the 25 Most Influential People. She is mar- leap. ‘‘I think Martha’s Table is ready for the ing mathematics and mechanical, in- ried to journalist and founding Slate editor dustrial, chemical, and civil engineer- Michael Kinsley. She is a boldface name. next stage,’’ said Linda Moore, founder of ‘‘There is no phone call that Patty would the E.W. Stokes Charter School in Northeast ing. He has created innovative instruc- make that wouldn’t be returned, none at Washington and longtime board member. tional methodologies for core engineer- all,’’ said Diana Aviv, president of Inde- ‘‘Even though I’m not sure what that is, we ing mathematics courses, including pendent Sector, a Washington-based coali- were looking for a leader to take us there.’’ early detection of prerequisite weak- Stonesifer got the job. The head of the tion of nonprofit groups and foundations. nesses. Soon after leaving the Gates Foundation in Gates Foundation U.S. programs, Allan Golston, sent congratulations. So did Sylvia Dr. Tyler has earned all of his de- 2008, Stonesifer and Kinsley began splitting grees at the University of Louisville: their time between Seattle and the District, Burwell, president of the Walmart Founda- where he used to live and where she has a tion. Even Stonesifer’s old boss thought it his undergraduate degree in mechan- daughter from a previous marriage working was a good move. ical engineering, a master’s in mathe- ‘‘I think it blends all the elements she at USAID. Last year, Kinsley accepted an matics, a master’s of mechanical engi- loves in philanthropy,’’ Melinda Gates said editor’s job at the New Republic magazine, neering, and a Ph.D. in engineering and by e-mail. ‘‘Even when living in Seattle, she and they decided to make the District their did hands-on work at a local charity—anony- physics. Along the way he has been full-time home. mously. That type of work keeps you published in peer-review journals and Stonesifer has been wealthy since piling up grounded in the real issues in people’s lives.’’ presented at international conferences tens of millions in Microsoft stock in the Again, she will work for free, but she will on engineering design and automation. company’s early years. (She also became a also work for real. She expects long hours. director at Amazon.com before it went pub- He won the Speed School’s Outstanding This is not, she insisted (with some heat) a lic and remains on that company’s board.) Teacher Award in 1975, 1980, and 1983, ‘‘retirement’’ job. But she retains the modest bent of the Indi- She’s heard that one before, after she left the University Faculty Favorite Award ana Catholic who grew up with eight siblings Microsoft and agreed to run Bill Gates’s li- in 2007, the Speed School Alumni Out- in a house where volunteerism was as reg- brary initiative. standing Teaching Award in 2007, the ular as making the bed. She took no salary ‘‘ ‘Oh, she’s going to convert libraries to University of Louisville’s Distin- while running the Gates Foundation. the Internet, how sweet.’ Well, it wasn’t guished Teaching Award in 2008, and After the couple bought a restored brown- sweet at all,’’ Stonesifer said. ‘‘We added the Departmental Professor of the Year stone near Dupont Circle, Stonesifer began 11,000 libraries to the Web, and that group exploring Washington by foot and Metro. Award in 2012. went on to become the Bill and Melinda Larry has served as a faculty advisor ‘‘I was amazed at how there is a city with- Gates Foundation.’’ in a city here,’’ she said, reeling off the No stepping back. to many fraternity student chapters, stats: 110,000 households live in poverty, one On a taxi ride from her house to a meeting and here I should mention that Larry in three households with children can’t af- of philanthropy leaders at the Hotel Monaco, and I are old friends. Not only did we ford enough food. ‘‘This idea that the Dis- she described her biggest concern: that peo- attend UofL together as undergradu- trict has so much child hunger, it’s mind- ple will assume she can connect a funding ates, we were both members of Phi Tau boggling.’’ hose from Martha’s Table to the Gates Foun- fraternity together; in fact, we were in Stonesifer decided she needed some time in dation and the coffers will be full forever. the trenches. Nothing would teach her, and Not gonna happen. the same pledge class. So I’ve had the her peers in the foundation world, more ‘‘That’s not what they do, and that’s not pleasure of seeing Larry grow into the about these intractable problems than con- what Martha’s Table needs,’’ she said. ‘‘The incredibly accomplished and respected fronting them, year after year, in the faces strength of Martha’s Table is in the thou- professor that we knew he was always of the people who suffer them. sands of small donors and volunteers that meant to be. And then she saw the CEO-wanted ad for ensure we deliver services every day. I don’t Larry, it has been a privilege to walk Martha’s Table. want my coming here to make people step alongside you for these many years. I ‘‘I decided to raise my hand,’’ she said. back in any way.’’ Her husband said he was surprised, at first. The cabdriver leaned back. ‘‘You work for know that we both care deeply about ‘‘I said, ‘Are you going to be adding the Martha’s Table?’’ he asked in a strong Ethio- our wonderful hometown of Louisville, salt to the soup?’ ’’ Kinsley recalled, sitting pian accent. and we have both dedicated our careers

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.061 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S696 CONGRESSIONAL RECORD — SENATE February 13, 2013 to serving the people of Louisville and stitute a quorum for the purpose of lize testimony previously taken on bills and giving back to this city by our own transacting business: provided, no measure measures similar to those before it for con- contribution. On this occasion to cele- or matter shall be ordered reported unless sideration. Rule 10.—Should a subcommittee fail to re- brate your success, I say, well done. such majority shall include at least one member of the minority who is a member of port back to the full committee on any Larry’s teaching philosophy is to be the subcommittee. If, at any subcommittee measure within a reasonable time, the chair- both student- and content-centered, in meeting, a measure or matter cannot be or- man may withdraw the measure from such order to instill the qualities of desire, dered reported because of the absence of such subcommittee and report that fact to the determination, and dedication in his a minority member, the measure or matter full committee for further disposition. students because, as he says, ‘‘success shall lay over for a day. If the presence of a Rule 11.—No subcommittee may schedule a in any endeavor requires all three.’’ member of the minority is not then ob- meeting or hearing at a time designated for The life and career of Dr. Tyler is cer- tained, a majority of the members of the a hearing or meeting of the full committee. No more than one subcommittee executive tainly proof that if you have those subcommittee, actually present, may order such measure or matter reported. meeting may be held at the same time. three qualities, you can go very far. (c) No measure or matter shall be ordered Rule 12.—It shall be the duty of the chair- Mr. President, I would ask my U.S. reported from the committee or a sub- man in accordance with section 133(c) of the Senate colleagues to join me in recog- committee unless a majority of the com- Legislative Reorganization Act of 1946, as nizing the accomplishments of Dr. mittee or subcommittee is physically amended, to report or cause to be reported to Larry D. Tyler, and congratulating present. the Senate, any measure or recommendation him upon his 50 years of successful Rule 5.—With the approval of the chairman approved by the committee and to take or service with UofL’s J.B. Speed School of the committee or subcommittee, one cause to be taken, necessary steps to bring the matter to a vote in the Senate. of Engineering. I hope he continues to member thereof may conduct public hearings other than taking sworn testimony. Rule 13.—Whenever a meeting of the com- lead our university and our city on- Rule 6.—Proxy voting shall be allowed on mittee or subcommittee is closed pursuant ward and upward for many years to all measures and matters before the com- to the provisions of subsection (b) or (d) of come. mittee or a subcommittee if the absent rule 26.5 of the Standing Rules of the Senate, f member has been informed of the matter on no person other than members of the com- which he is being recorded and has affirma- mittee, members of the staff of the com- COMMITTEE ON HEALTH, EDU- tively requested that he be so recorded. mittee, and designated assistants to mem- CATION, LABOR, AND PENSIONS While proxies may be voted on a motion to bers of the committee shall be permitted to report a measure or matter from the com- attend such closed session, except by special mittee, such a motion shall also require the dispensation of the committee or sub- RULES OF PROCEDURE concurrence of a majority of the members committee or the chairman thereof. Rule 14.—The chairman of the committee Mr. HARKIN. Mr. President, in ac- who are actually present at the time such action is taken. or a subcommittee shall be empowered to ad- cordance with rule XXVI.2 of the The committee may poll any matters of journ any meeting of the committee or a Standing Rules of the Senate, I submit committee business as a matter of unani- subcommittee if a quorum is not present for publication in the CONGRESSIONAL mous consent; provided that every member within fifteen minutes of the time schedule RECORD the Rules of Procedure for the is polled and every poll consists of the fol- for such meeting. Committee on Health, Education, lowing two questions: Rule 15.—Whenever a bill or joint resolu- Labor, and Pensions, as unanimously (1) Do you agree or disagree to poll the pro- tion shall be before the committee or a sub- posal; and committee for final consideration, the clerk adopted by the Committee on February (2) Do you favor or oppose the proposal. shall distribute to each member of the com- 13, 2013. Rule 7.—There shall be prepared and kept a mittee or subcommittee a document, pre- I ask unanimous consent that the complete transcript or electronic recording pared by the sponsor of the bill or joint reso- text of the Rules of Procedure be print- adequate to fully record the proceedings of lution. If the bill or joint resolution has no ed in the RECORD. each committee or subcommittee meeting or underlying statutory language, the docu- There being no objection, the mate- conference whether or not such meetings or ment shall consist of a detailed summary of rial was ordered to be printed in the any part thereof is closed pursuant to the the purpose and impact of each section. If RECORD, as follows: specific provisions of subsections (b) and (d) the bill or joint resolution repeals or amends of rule 26.5 of the Standing Rules of the Sen- any statute or part thereof, the document COMMITTEE ON HEALTH, EDUCATION, LABOR, ate, unless a majority of said members vote shall consist of a detailed summary of the AND PENSIONS to forgo such a record. Such records shall underlying statute and the proposed changes UNITED STATES SENATE, RULES OF contain the vote cast by each member of the in each section of the underlying law and ei- PROCEDURE, 113TH CONGRESS committee or subcommittee on any question ther a print of the statute or the part or sec- Rule 1.—Subject to the provisions of rule on which a ‘‘yea and nay’’ vote is demanded, tion thereof to be amended or replaced show- XXVI, paragraph 5, of the Standing Rules of and shall be available for inspection by any ing by stricken-through type, the part or the Senate, regular meetings of the com- committee member. The clerk of the com- parts to be omitted and, in italics, the mat- mittee shall be held on the second and fourth mittee, or the clerk’s designee, shall have ter proposed to be added, along with a sum- Wednesday of each month, at 10:00 a.m., in the responsibility to make appropriate ar- mary of the proposed changes; or a side-by- room SD–430, Dirksen Senate Office Build- rangements to implement this rule. side document showing a comparison of cur- ing. The chairman may, upon proper notice, Rule 8.—The committee and each sub- rent law, the proposed legislative changes, call such additional meetings as he may committee shall undertake, consistent with and a detailed description of the proposed deem necessary. the provisions of rule XXVI, paragraph 4, of changes. Rule 2.—The chairman of the committee or the Standing Rules of the Senate, to issue Rule 16.—An appropriate opportunity shall of a subcommittee, or if the chairman is not public announcement of any hearing or exec- be given the minority to examine the pro- present, the ranking majority member utive session it intends to hold at least one posed text of committee reports prior to present, shall preside at all meetings. The week prior to the commencement of such their filing or publication. In the event there chairman may designate the ranking minor- hearing or executive session. In the case of are supplemental, minority, or additional ity member to preside at hearings of the an executive session, the text of any bill or views, an appropriate opportunity shall be committee or subcommittee. joint resolution to be considered must be given the majority to examine the proposed Rule 3.—Meetings of the committee or a provided to the chairman for prompt elec- text prior to filing or publication. Unless the subcommittee, including meetings to con- tronic distribution to the members of the chairman and ranking minority member duct hearings, shall be open to the public ex- committee. agree on a shorter period of time, the minor- cept as otherwise specifically provided in Rule 9.—The committee or a subcommittee ity shall have no fewer than three business subsections (b) and (d) of rule 26.5 of the shall require all witnesses heard before it to days to prepare supplemental, minority or Standing Rules of the Senate. file written statements of their proposed tes- additional views for inclusion in a com- Rule 4.—(a) Subject to paragraph (b), one- timony at least 24 hours before a hearing, mittee report from the time the majority third of the membership of the committee, unless the chairman and the ranking minor- makes the proposed text of the committee actually present, shall constitute a quorum ity member determine that there is good report available to the minority. for the purpose of transacting business. Any cause for failure to so file, and to limit their Rule 17.—(a) The committee, or any sub- quorum of the committee which is composed oral presentation to brief summaries of their committee, may issue subpoenas, or hold of less than a majority of the members of the arguments. Testimony may be filed elec- hearings to take sworn testimony or hear committee shall include at least one member tronically. The presiding officer at any hear- subpoenaed witnesses, only if such investiga- of the majority and one member of the mi- ing is authorized to limit the time of each tive activity has been authorized by major- nority. witness appearing before the committee or a ity vote of the committee. (b) A majority of the members of a sub- subcommittee. The committee or a sub- (b) For the purpose of holding a hearing to committee, actually present, shall con- committee shall, as far as practicable, uti- take sworn testimony or hear subpoenaed

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.014 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S697 witnesses, three members of the committee be initiated until at least five days after the committee so that there may be full and fair or subcommittee shall constitute a quorum: nominee submits the form required by this consideration of each bill which the com- provided, with the concurrence of the chair- rule unless the chairman, with the concur- mittee or a subcommittee is marking up the man and ranking minority member of the rence of the ranking minority member, following procedures should be followed: committee or subcommittee, a single mem- waives this waiting period. 1. Seven days prior to the proposed date for ber may hear subpoenaed witnesses or take Rule 19.—Subject to statutory require- an executive session for the purpose of mark- sworn testimony. ments imposed on the committee with re- ing up bills the committee or subcommittee (c) The committee may, by a majority spect to procedure, the rules of the com- (as appropriate) should provide written no- vote, delegate the authority to issue sub- mittee may be changed, modified, amended tice to each of its members as to the time, poenas to the chairman of the committee or or suspended at any time; provided, not less place, and specific subject matter of such a subcommittee, or to any member des- than a majority of the entire membership so session, including an agenda listing each bill ignated by such chairman. Prior to the determine at a regular meeting with due no- or other matters to be considered and includ- issuance of each subpoena, the ranking mi- tice, or at a meeting specifically called for ing: nority member of the committee or sub- that purpose. (a) a copy of each bill, joint resolution, or committee, and any other member so re- Rule 20.—When the ratio of members on the other legislative matter (or committee print questing, shall be notified regarding the committee is even, the term ‘‘majority’’ as thereof) to be considered at such executive identity of the person to whom it will be used in the committee’s rules and guidelines session; and issued and the nature of the information shall refer to the party of the chairman for (b) a copy of a summary of the provisions sought and its relationship to the authorized purposes of party identification. Numerical of each bill, joint resolution, or other legis- investigative activity, except where the requirements for quorums, votes and the like lative matter to be considered at such execu- chairman of the committee or sub- shall be unaffected. tive session including, whenever possible, an Rule 21.—First degree amendments must be committee, in consultation with the ranking explanation of changes to existing law pro- filed with the chairman at least 24 hours be- minority member, determines that such no- posed to be made. fore an executive session. The chairman tice would unduly impede the investigation. 2. Insofar as practical, prior to the sched- All information obtained pursuant to such shall promptly distribute all filed amend- ments electronically to the members of the uled date for an executive session for the investigative activity shall be made avail- purpose of marking up bills, the committee able as promptly as possible to each member committee. The chairman may modify the filing requirements to meet special cir- or a subcommittee (as appropriate) should of the committee requesting same, or to any cumstances with the concurrence of the provide each member with a copy of the assistant to a member of the committee des- ranking minority member. printed record or a summary of any hearings ignated by such member in writing, but the Rule 22.—In addition to the foregoing, the conducted by the committee or a sub- use of any such information is subject to re- proceedings of the committee shall be gov- committee with respect to each bill, joint strictions imposed by the rules of the Sen- erned by the Standing Rules of the Senate resolution, or other legislative matter to be ate. Such information, to the extent that it and the provisions of the Legislative Reorga- considered at such executive session. is relevant to the investigation shall, if re- nization Act of 1946, as amended. quested by a member, be summarized in f writing as soon as practicable. Upon the re- GUIDELINES OF THE SENATE COMMITTEE ON TRIBUTE TO ARIZONA VA quest of any member, the chairman of the HEALTH, EDUCATION, LABOR, AND PENSIONS MEDICAL STAFF committee or subcommittee shall call an ex- WITH RESPECT TO HEARINGS, MARKUP SES- ecutive session to discuss such investigative SIONS, AND RELATED MATTERS Mr. HARKIN. Mr. President, on Janu- activity or the issuance of any subpoena in HEARINGS ary 31, one of the most unique and in- connection therewith. Section 133A(a) of the Legislative Reorga- teresting individuals I have ever known (d) Any witness summoned to testify at a passed away while receiving hospice hearing, or any witness giving sworn testi- nization Act requires each committee of the mony, may be accompanied by counsel of his Senate to publicly announce the date, place, care at the Southern Arizona VA own choosing who shall be permitted, while and subject matter of any hearing at least Health Care System. He was my broth- the witness is testifying, to advise him of his one week prior to the commencement of such er-in-law, Joe McQuaid, a 92-year-old legal rights. hearing. veteran of the Second World War. (e) No confidential testimony taken or con- The spirit of this requirement is to assure I will have more to say about this fidential material presented in an executive adequate notice to the public and other Members of the Senate as to the time and unique individual at a later date. But, hearing, or any report of the proceedings of today, I want to express my deep grati- such an executive hearing, shall be made subject matter of proposed hearings. In the public, either in whole or in part or by way spirit of section 133A(a) and in order to as- tude to all of the wonderful profes- of summary, unless authorized by a majority sure that members of the committee are sionals at the Southern Arizona VA of the members of the committee or sub- themselves fully informed and involved in Health Care System for the extraor- committee. the development of hearings: dinary care they gave to him in the Rule 18.—Presidential nominees shall sub- 1. Public notice of the date, place, and sub- last 2 months of his life. mit a statement of their background and fi- ject matter of each committee or sub- committee hearing should be inserted in the Joe McQuaid was a strapping 6 feet 4 nancial interests, including the financial in- inches. He was healthy all of his life terests of their spouse and children living in Congressional Record seven days prior to the their household, on a form approved by the commencement of such hearing. until last November 15. On that day, committee which shall be sworn to as to its 2. At least seven days prior to public notice after his daily exercise, he fell in a completeness and accuracy. The committee of each committee or subcommittee hearing, freak accident and broke his hip. He form shall be in two parts— (I) information the majority should provide notice to the was operated on at the Tucson VA hos- relating to employment, education and back- minority of the time, place and specific sub- pital, and his hip seemed to be healing ground of the nominee relating to the posi- ject matter of such hearing. 3. At least three days prior to the date of just fine. But after being transferred to tion to which the individual is nominated, such hearing, the committee or sub- a local rehabilitation facility, Joe fell and which is to be made public; and, (II) information relating to financial and committee should provide to each member a again and re-broke his hip. He was re- other background of the nominee, to be made list of witnesses who have been or are pro- admitted to the VA hospital, but his public when the committee determines that posed to be invited to appear. condition deteriorated rapidly and he 4. The committee and its subcommittee such information bears directly on the nomi- passed away on January 31. should, to the maximum feasible extent, en- nee’s qualifications to hold the position to force the provisions of rule 9 of the com- The personnel at the VA medical cen- which the individual is nominated. ter in Tucson could not have been more Information relating to background and fi- mittee rules as it relates to the submission of written statements of witnesses twenty- professional, skilled, and compas- nancial interests (parts I and II) shall not be sionate in the care they gave to Joe required of nominees for less than full-time four hours in advance of a hearing. Witnesses appointments to councils, commissions or will be urged to submit testimony even ear- McQuaid in those final two months. boards when the committee determines that lier whenever possible. When statements are They did everything possible to treat some or all of the information is not rel- received in advance of a hearing, the com- his injury and help him to recover. But evant to the nature of the position. Informa- mittee or subcommittee (as appropriate) once it became clear that recovery was tion relating to other background and finan- should distribute copies of such statements to each of its members. Witness testimony not possible, they took wonderful care cial interests (part II) shall not be required of him, admitting him to hospice care, of any nominee when the committee deter- may be submitted and distributed electroni- cally. attending to his needs, and ensuring mines that it is not relevant to the nature of that he had a gentle passing. the position. EXECUTIVE SESSIONS FOR THE PURPOSE OF Committee action on a nomination, includ- MARKING UP BILLS As a veteran myself, during all my ing hearings or meetings to consider a mo- In order to expedite the process of marking years in Congress I have always been tion to recommend confirmation, shall not up bills and to assist each member of the very supportive of our VA system and

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.028 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S698 CONGRESSIONAL RECORD — SENATE February 13, 2013 our veterans. I have long believed that There being no objection, the mate- RULE 2—SUBCOMMITTEES our nation has a sacred obligation to rial was ordered to be printed in the (a) Creation.—Unless otherwise authorized those who have borne the burdens of RECORD, as follows: by law or Senate resolution, subcommittees shall be created by majority vote of the com- battle and national defense, and we RULES OF THE COMMITTEE ON FOREIGN mittee and shall deal with such legislation must ensure that they have access to RELATIONS and oversight of programs and policies as the first-rate health care. (Adopted February 13, 2013) committee directs. Legislative measures or So it was with great pride that I had RULE 1—JURISDICTION other matters may be referred to a sub- this opportunity to witness firsthand (a) Substantive.—In accordance with Senate committee for consideration in the discre- the extraordinary care and attention Rule XXV.1(j), the jurisdiction of the com- tion of the chairman or by vote of a majority that staff members at the Tucson VA mittee shall extend to all proposed legisla- of the committee. If the principal subject center were giving to this 92-year-old tion, messages, petitions, memorials, and matter of a measure or matter to be referred veteran. other matters relating to the following sub- falls within the jurisdiction of more than one At the risk of leaving out the names jects: subcommittee, the chairman or the com- of others who cared for my brother-in- 1. Acquisition of land and buildings for em- mittee may refer the matter to two or more bassies and legations in foreign countries. subcommittees for joint consideration. law, I specifically want to thank and 2. Boundaries of the United States. (b) Assignments.—Assignments of members salute Jonathan Gardner, the director 3. Diplomatic service. to subcommittees shall be made in an equi- of the Southern Arizona VA Health 4. Foreign economic, military, technical, table fashion. No member of the committee Care System, for his leadership of that and humanitarian assistance. may receive assignment to a second sub- institution and for his many years of 5. Foreign loans. committee until, in order of seniority, all distinguished service to the VA sys- 6. International activities of the American members of the committee have chosen as- tem. Also Julianne French, a reg- National Red Cross and the International signments to one subcommittee, and no member shall receive assignments to a third istered nurse and administrative as- Committee of the Red Cross. 7. International aspects of nuclear energy, subcommittee until, in order of seniority, all sistant to the chief medical officer, including nuclear transfer policy. members have chosen assignments to two who was so responsive to my inquiries 8. International conferences and con- subcommittees. and calls. Also Dr. David Emelity, the gresses. No member of the committee may serve on acting chief of staff, Dr. Richard Hoff- 9. International law as it relates to foreign more than four subcommittees at any one man, and Dr. Joao Ferreira, all of who policy. time. took a deep personal interest in Joe’s 10. International Monetary Fund and other The chairman and ranking member of the international organizations established pri- committee shall be ex officio members, with- medical condition. out vote, of each subcommittee. And a special thank you to Glenda marily for international monetary purposes (except that, at the request of the Com- (c) Meetings.—Except when funds have been Riggs, clinical nurse leader in the in- mittee on Banking, Housing, and Urban Af- specifically made available by the Senate for tensive care unit, who cared for Joe fairs, any proposed legislation relating to a subcommittee purpose, no subcommittee of and went out of her way to keep me such subjects reported by the Committee on the Committee on Foreign Relations shall and members of Joe’s family informed Foreign Relations shall be referred to the hold hearings involving expenses without at every step of his treatment and care. Committee on Banking, Housing, and Urban prior approval of the chairman of the full I can’t speak too highly of Nurse Riggs’ Affairs). committee or by decision of the full com- 11. Intervention abroad and declarations of mittee. Meetings of subcommittees shall be skill and compassion, and her tireless scheduled after consultation with the chair- attention to all of her patients and war. 12. Measures to foster commercial inter- man of the committee with a view toward their families. course with foreign nations and to safeguard avoiding conflicts with meetings of other The Southern Arizona VA Health American business interests abroad. subcommittees insofar as possible. Meetings Care System has a wonderful team, 13. National security and international as- of subcommittees shall not be scheduled to with great leadership from Jonathan pects of trusteeships of the United States. conflict with meetings of the full committee. Gardner. It is clear to me that any vet- 14. Ocean and international environmental The proceedings of each subcommittee eran who comes through the doors of and scientific affairs as they relate to for- shall be governed by the rules of the full eign policy. committee, subject to such authorizations or that center is going to get superb limitations as the committee may from time treatment. 15. Protection of United States citizens abroad and expatriation. to time prescribe. I am proud of all the people who 16. Relations of the United States with for- RULE 3—MEETINGS work in America’s VA system, and I eign nations generally. (a) Regular Meeting Day.—The regular am grateful for the care they give to 17. Treaties and executive agreements, ex- meeting day of the Committee on Foreign our veterans. My recent experience, cept reciprocal trade agreements. Relations for the transaction of committee seeing firsthand the quality of care and 18. United Nations and its affiliated organi- business shall be on Tuesday of each week, the quality of staff at the center in zations. unless otherwise directed by the chairman. Tucson, reaffirms my faith in the VA 19. World Bank group, the regional devel- (b) Additional Meetings.—Additional meet- system and my respect for the great opment banks, and other international orga- ings and hearings of the committee may be nizations established primarily for develop- work they do. called by the chairman as he may deem nec- ment assistance purposes. essary. If at least three members of the com- Again, I just want to thank the en- The committee is also mandated by Senate mittee desire that a special meeting of the tire team at the Southern Arizona VA Rule XXV.1(j) to study and review, on a com- committee be called by the chairman, those Health Care System. Thank you for all prehensive basis, matters relating to the na- members may file in the offices of the com- you did for this 92-year-old World War tional security policy, foreign policy, and mittee their written request to the chairman II veteran, Joe McQuaid. And thank international economic policy as it relates for that special meeting. Immediately upon you for the same high-quality care you to foreign policy of the United States, and filing of the request, the chief clerk of the give to all of the veterans at the Tuc- matters relating to food, hunger, and nutri- committee shall notify the chairman of the tion in foreign countries, and report thereon son center. filing of the request. If, within three cal- from time to time. endar days after the filing of the request, the f (b) Oversight.—The committee also has a chairman does not call the requested special COMMITTEE ON FOREIGN responsibility under Senate Rule XXVI.8, meeting, to be held within seven calendar RELATIONS which provides that ‘‘.... each standing days after the filing of the request, a major- committee . . . shall review and study, on a ity of the members of the committee may continuing basis, the application, adminis- file in the offices of the committee their tration, and execution of those laws or parts written notice that a special meeting of the RULES OF PROCEDURE of laws, the subject matter of which is with- committee will be held, specifying the date Mr. MENENDEZ. Mr. President, pur- in the jurisdiction of the committee.’’ and hour of that special meeting. The com- suant to the requirements of paragraph (c) ‘‘Advice And Consent’’ Clauses.—The mittee shall meet on that date and hour. Im- 2 of Senate Rule XXVI, I ask unani- committee has a special responsibility to as- mediately upon the filing of the notice, the mous consent to have printed in the sist the Senate in its constitutional function clerk shall notify all members of the com- of providing ‘‘advice and consent’’ to all mittee that such special meeting will be held RECORD the rules of the Committee on treaties entered into by the United States and inform them of its date and hour. Foreign Relations for the 113th Con- and all nominations to the principal execu- (c) Hearings, Selection of Witnesses.—To en- gress adopted by the Committee on tive branch positions in the field of foreign sure that the issue which is the subject of February 13, 2013. policy and diplomacy. the hearing is presented as fully and fairly as

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.037 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S699 possible, whenever a hearing is conducted by cret in order to prevent undue injury to the shall be limited to 10 minutes. However, the committee or a subcommittee upon any competitive position of such person, or written statements of reasonable length may measure or matter, the ranking member of (6) may divulge matters required to be be submitted by witnesses and other inter- the committee or subcommittee may call an kept confidential under other provisions of ested persons who are unable to testify in equal number of non-governmental witnesses law or government regulations. person. selected by the ranking member to testify at A closed meeting may be opened by a ma- (c) Filing of Statements.—A witness appear- that hearing. jority vote of the committee. ing before the committee, or any sub- (d) Public Announcement.—Except as pro- (g) Staff Attendance.—A member of the committee thereof, shall submit an elec- vided in paragraph (1), the committee, or any committee may have one member of his or tronic copy of the written statement of his subcommittee thereof, shall make public an- her personal staff, for whom that member as- proposed testimony at least 24 hours prior to nouncement of the date, place, time, and sumes personal responsibility, accompany his appearance, unless this requirement is subject matter of any meeting or hearing to and be seated nearby at committee meet- waived by the chairman and the ranking be conducted on any measure or matter at ings. The chairman or ranking member may member following their determination that least one week in advance of such meetings authorize the attendance and seating of such there is good cause for failure to file such a or hearings, unless the chairman of the com- a staff member at committee meetings and statement. hearings where the member of the com- mittee, or subcommittee, in consultation (d) Expenses.—Only the chairman may au- mittee is not present. with the ranking member, determines that thorize expenditures of funds for the ex- there is good cause to begin such meeting or Each member of the committee may des- ignate members of his or her personal staff, penses of witnesses appearing before the hearing at an earlier date. committee or its subcommittees. (1) The committee shall make public an- for whom that member assumes personal re- (e) Requests.—Any witness called for a nouncement of a meeting on nominations at sponsibility, who holds, at minimum, a top hearing may submit a written request to the least three business days in advance of the secret security clearance, for the purpose of chairman no later than 24 hours in advance meeting unless the chairman of the com- their eligibility to attend closed sessions of for his testimony to be in closed or open ses- mittee, in consultation with the ranking the committee, subject to the same condi- sion, or for any other unusual procedure. The member, determines that there is good cause tions set forth for committee staff under chairman shall determine whether to grant to begin such meeting at an earlier date. Rules 12, 13, and 14. (e) Procedure.—Insofar as possible, pro- In addition, the majority leader and the any such request and shall notify the com- ceedings of the committee will be conducted minority leader of the Senate, if they are not mittee members of the request and of his de- without resort to the formalities of par- otherwise members of the committee, may cision. liamentary procedure and with due regard designate one member of their staff, for RULE 7—SUBPOENAS whom they assume personal responsibility, for the views of all members. Issues of proce- (a) Authorization.—The chairman or any and who holds, at minimum, a top secret se- dure which may arise from time to time other member of the committee, when au- curity clearance to attend closed sessions of shall be resolved by decision of the chair- thorized by a majority vote of the committee the committee, subject to the same condi- man, in consultation with the ranking mem- at a meeting or by proxies, shall have au- tions set forth for committee staff under ber. The chairman, in consultation with the thority to subpoena the attendance of wit- Rules 12, 13, and 14. Staff of other Senators ranking member, may also propose special nesses or the production of memoranda, doc- who are not members of the committee may procedures to govern the consideration of uments, records, or any other materials. At not attend closed sessions of the committee. particular matters by the committee. the request of any member of the committee, (f) Closed Sessions.—Each meeting of the Attendance of committee staff at meetings shall be limited to those designated by the the committee shall authorize the issuance Committee on Foreign Relations, or any sub- of a subpoena only at a meeting of the com- committee thereof, including meetings to staff director or the minority staff director. The committee, by majority vote, or the mittee. When the committee authorizes a conduct hearings, shall be open to the public, subpoena, it may be issued upon the signa- except that a meeting or series of meetings chairman, with the concurrence of the rank- ing member, may limit staff attendance at ture of the chairman or any other member by the committee or a subcommittee on the designated by the committee. same subject for a period of no more than 14 specified meetings. (b) Return.—A subpoena, or a request to an calendar days may be closed to the public on RULE 4—QUORUMS agency, for documents may be issued whose a motion made and seconded to go into (a) Testimony.—For the purpose of taking return shall occur at a time and place other closed session to discuss only whether the sworn or unsworn testimony at any duly than that of a scheduled committee meeting. matters enumerated in paragraphs (1) scheduled meeting a quorum of the com- A return on such a subpoena or request through (6) would require the meeting to be mittee and each subcommittee thereof shall which is incomplete or accompanied by an closed followed immediately by a record vote consist of one member. objection constitutes good cause for a hear- in open session by a majority of the members (b) Business.—A quorum for the transaction ing on shortened notice. Upon such a return, of the committee or subcommittee when it is of committee or subcommittee business, the chairman or any other member des- determined that the matters to be discussed other than for reporting a measure or rec- ignated by him may convene a hearing by or the testimony to be taken at such meet- ommendation to the Senate or the taking of giving 2 hours notice by telephone to all ing or meetings— testimony, shall consist of one-third of the other members. One member shall constitute (1) will disclose matters necessary to be members of the committee or subcommittee, a quorum for such a hearing. The sole pur- kept secret in the interests of national de- including at least one member from each pose of such a hearing shall be to elucidate fense or the confidential conduct of the for- party. eign relations of the United States; (c) Reporting.—A majority of the member- further information about the return and to (2) will relate solely to matters of com- ship of the committee, including at least one rule on the objection. mittee staff personnel or internal staff man- member from each party, shall constitute a (c) Depositions.—At the direction of the agement or procedure; quorum for reporting any measure or rec- committee, staff is authorized to take depo- (3) will tend to charge an individual with ommendation to the Senate. No measure or sitions from witnesses. crime or misconduct; to disgrace or injure recommendation shall be ordered reported RULE 8—REPORTS the professional standing of an individual, or from the committee unless a majority of the (a) Filing.—When the committee has or- otherwise to expose an individual to public committee members is physically present, dered a measure or recommendation re- contempt or obloquy, or will represent a and a majority of those present concurs. ported, the report thereon shall be filed in clearly unwarranted invasion of the privacy RULE 5—PROXIES of an individual; the Senate at the earliest practicable time. Proxies must be in writing with the signa- (4) will disclose the identity of any in- (b) Supplemental, Minority and Additional ture of the absent member. Subject to the re- former or law enforcement agent or will dis- Views.—A member of the committee who quirements of Rule 4 for the physical pres- close any information relating to the inves- gives notice of his intentions to file supple- ence of a quorum to report a matter, proxy tigation or prosecution of a criminal offense mental, minority, or additional views at the voting shall be allowed on all measures and that is required to be kept secret in the in- time of final committee approval of a meas- matters before the committee. However, terests of effective law enforcement; ure or matter, shall be entitled to not less (5) will disclose information relating to the proxies shall not be voted on a measure or than 3 calendar days in which to file such trade secrets or financial or commercial in- matter except when the absent member has views, in writing, with the chief clerk of the formation pertaining specifically to a given been informed of the matter on which he is committee, with the 3 days to begin at 11:00 person if— being recorded and has affirmatively re- p.m. on the same day that the committee (A) an Act of Congress requires the infor- quested that he or she be so recorded. has ordered a measure or matter reported. mation to be kept confidential by govern- RULE 6—WITNESSES Such views shall then be included in the ment officers and employees; or (a) General.—The Committee on Foreign committee report and printed in the same (B) the information has been obtained by Relations will consider requests to testify on volume, as a part thereof, and their inclusion the government on a confidential basis, any matter or measure pending before the shall be noted on the cover of the report. In other than through an application by such committee. the absence of timely notice, the committee person for a specific government financial or (b) Presentation.—If the chairman so deter- report may be filed and printed immediately other benefit, and is required to be kept se- mines, the oral presentation of witnesses without such views.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.017 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S700 CONGRESSIONAL RECORD — SENATE February 13, 2013 (c) Rollcall Votes.—The results of all roll- purpose and, when completed, a full sub- (A) Members and staff of the committee in call votes taken in any meeting of the com- stantive and financial report shall be filed the committee offices or in SVC–217 of the mittee on any measure, or amendment there- with the committee within 30 days. This re- Capitol Visitors Center; to, shall be announced in the committee re- port shall be furnished to all members of the (B) Designated personal representatives of port. The announcement shall include a tab- committee and shall not be otherwise dis- members of the committee, and of the ma- ulation of the votes cast in favor and votes seminated without authorization of the jority and minority leaders, with appropriate cast in opposition to each such measure and chairman or the ranking member. Except in security clearances, in the committee offices amendment by each member of the com- extraordinary circumstances, staff travel or in SVC–217 of the Capitol Visitors Center; mittee. shall not be approved unless the reporting (C) Senators not members of the com- mittee, by permission of the chairman, in RULE 9—TREATIES requirements have been fulfilled for all prior trips. Except for travel that is strictly per- the committee offices or in SVC–217 of the (a) The committee is the only committee sonal, travel funded by non-U.S. Government Capitol Visitors Center; and of the Senate with jurisdiction to review and sources is subject to the same approval and (D) Officials of the executive departments report to the Senate on treaties submitted substantive reporting requirements as U.S. involved in the meeting, in the committee by the President for Senate advice and con- Government-funded travel. In addition, offices or SVC–217 of the Capitol Visitors sent to ratification. Because the House of members and staff are reminded to consult Center. Representatives has no role in the approval the Senate Code of Conduct, and, as appro- (6) Any restrictions imposed upon access to of treaties, the committee is therefore the priate, the Senate Select Committee on Eth- a meeting of the committee shall also apply only congressional committee with responsi- ics, in the case of travel sponsored by non- to the transcript of such meeting, except by bility for treaties. special permission of the chairman and rank- (b) Once submitted by the President for ad- U.S. Government sources. Any proposed travel by committee staff for ing member. vice and consent, each treaty is referred to a subcommittee purpose must be approved (7) In addition to restrictions resulting the committee and remains on its calendar by the subcommittee chairman and ranking from the inclusion of any classified informa- from Congress to Congress until the com- member prior to submission of the request to tion in the transcript of a committee meet- mittee takes action to report it to the Sen- the chairman and ranking member of the full ing, members and staff shall not discuss with ate or recommend its return to the Presi- committee. anyone the proceedings of the committee in dent, or until the committee is discharged of (b) Domestic Travel.—All official travel in closed session or reveal information con- the treaty by the Senate. the United States by the committee staff veyed or discussed in such a session unless (c) In accordance with Senate Rule XXX.2, shall be approved in advance by the staff di- that person would have been permitted to at- treaties which have been reported to the rector, or in the case of minority staff, by tend the session itself, or unless such com- Senate but not acted on before the end of a the minority staff director. munication is specifically authorized by the Congress ‘‘shall be resumed at the com- (c) Personal Staff.—As a general rule, no chairman, the ranking member, or in the mencement of the next Congress as if no pro- more than one member of the personal staff case of staff, by the staff director or minor- ceedings had previously been had thereon.’’ of a member of the committee may travel ity staff director. A record shall be kept of (d) Insofar as possible, the committee with that member with the approval of the all such authorizations. should conduct a public hearing on each (c) Declassification.— chairman and the ranking member of the treaty as soon as possible after its submis- (1) All noncurrent records of the com- committee. During such travel, the personal sion by the President. Except in extraor- mittee are governed by Rule XI of the Stand- staff member shall be considered to be an dinary circumstances, treaties reported to ing Rules of the Senate and by S. Res. 474 employee of the committee. the Senate shall be accompanied by a writ- (96th Congress). Any classified transcripts (d) Personal Representatives of the Member ten report. transferred to the National Archives and (PRM).—For the purposes of this rule regard- Records Administration under Rule XI may RULE 10—NOMINATIONS ing staff foreign travel, the officially-des- not be made available for public use unless (a) Waiting Requirement.—Unless otherwise ignated personal representative of the mem- they have been subject to declassification re- directed by the chairman and the ranking ber (PRM) shall be deemed to have the same view in accordance with applicable laws or member, the Committee on Foreign Rela- rights, duties, and responsibilities as mem- tions shall not consider any nomination Executive orders. bers of the staff of the Committee on Foreign (2) Any transcript or classified committee until 3 business days after it has been for- Relations. Furthermore, for the purposes of report, or any portion thereof, may be de- mally submitted to the Senate. this section, each member of the committee classified, in accordance with applicable laws (b) Public Consideration.—Nominees for any may designate one personal staff member as or Executive orders, sooner than the time pe- post who are invited to appear before the the ‘‘Personal Representative of the Mem- riod provided for under S. Res. 474 if: committee shall be heard in public session, ber.’’ (A) the chairman originates such action, unless a majority of the committee decrees RULE 12—TRANSCRIPTS with the concurrence of the ranking mem- otherwise, consistent with Rule 3(f). (a) General.—The Committee on Foreign ber; (c) Required Data.—No nomination shall be (B) the other current members of the com- reported to the Senate unless (1) the nomi- Relations shall keep verbatim transcripts of all committee and subcommittee meetings mittee who participated in such meeting or nee has been accorded a security clearance report have been notified of the proposed de- on the basis of a thorough investigation by and such transcripts shall remain in the cus- tody of the committee, unless a majority of classification, and have not objected thereto, executive branch agencies; (2) the nominee except that the committee by majority vote has filed a financial disclosure report and a the committee decides otherwise. Tran- scripts of public hearings by the committee may overrule any objections thereby raised related ethics undertaking with the com- to early declassification; and mittee; (3) the committee has been assured shall be published unless the chairman, with the concurrence of the ranking member, de- (C) the executive departments that partici- that the nominee does not have any interests pated in the meeting or originated the classi- which could conflict with the interests of the termines otherwise. (b) Classified or Restricted Transcripts.— fied information have been consulted and government in the exercise of the nominee’s (1) The chief clerk of the committee shall consented to the declassification. proposed responsibilities; (4) for persons have responsibility for the maintenance and RULE 13—CLASSIFIED INFORMATION nominated to be chief of mission, ambas- security of classified or restricted tran- sador-at-large, or minister, the committee (a) The handling of classified information scripts, and shall ensure that such tran- has received a complete list of any contribu- in the Senate is governed by S. Res. 243 scripts are handled in a manner consistent tions made by the nominee or members of (100th Congress), which established the Office with the requirements of the United States his immediate family to any Federal elec- of Senate Security. All handling of classified Senate Security Manual. tion campaign during the year of his or her information by the committee shall be con- (2) A record shall be maintained of each nomination and for the 4 preceding years; sistent with the procedures set forth in the use of classified or restricted transcripts as and (5) for persons nominated to be chiefs of United States Senate Security Manual required by the Senate Security Manual. mission, the report required by Section issued by the Office of Senate Security. (3) Classified transcripts may not leave the (b) The chief clerk is the security manager 304(a)(4) of the Foreign Service Act of 1980 on committee offices, or SVC–217 of the Capitol for the committee. The chief clerk shall be the demonstrated competence of that nomi- Visitors Center, except for the purpose of de- responsible for implementing the provisions nee to perform the duties of the position to classification or archiving, consistent with of the Senate Security Manual and for serv- which he or she has been nominated. these rules. ing as the committee liaison to the Office of RULE 11—TRAVEL (4) Extreme care shall be exercised to avoid Senate Security. The staff director, in con- (a) Foreign Travel.—No member of the Com- taking notes or quotes from classified tran- sultation with the minority staff director, mittee on Foreign Relations or its staff shall scripts. Their contents may not be divulged may appoint an alternate security manager travel abroad on committee business unless to any unauthorized person. as circumstances warrant. specifically authorized by the chairman, who (5) Subject to any additional restrictions (c) Classified material may only be trans- is required by law to approve vouchers and imposed by the chairman with the concur- ported between Senate offices by appro- report expenditures of foreign currencies, rence of the ranking member, only the fol- priately cleared staff members who have and the ranking member. Requests for au- lowing persons are authorized to have access been specifically authorized to do so by the thorization of such travel shall state the to classified or restricted transcripts. security manager.

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.018 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S701 (d) In general, Senators and staff under- publication in the field of foreign relations the California Legislature. He con- take to confine their access to classified in- without specific advance permission from tracted polio at a young age and as a formation on the basis of a ‘‘need to know’’ the staff director, or, in the case of minority result spent the majority of his life in such information related to their committee staff, from the minority staff director. In the a wheelchair. Mr. Quimby did not allow responsibilities. case of the staff director and the minority (e) The staff director is authorized to make staff director, such advance permission shall his limited mobility to prevent him such administrative regulations as may be be obtained from the chairman or the rank- from pursuing his dreams and fighting necessary to carry out the provisions of this ing member, as appropriate; and fervently for the residents of Cali- rule. (C) staff shall not discuss their private con- fornia. RULE 14—STAFF versations with members of the committee Over the course of his 12 years in the (a) Responsibilities.— without specific advance permission from the Senator or Senators concerned. Assembly, John Quimby helped pass (1) The staff works for the committee as a numerous laws. Most famously, he whole, under the general supervision of the (2) The staff shall not discuss with anyone the proceedings of the committee in closed drafted the Quimby Act in 1965, which chairman of the committee, and the imme- allowed cities to require developers to diate direction of the staff director, except session or reveal information conveyed or that such part of the staff as is designated discussed in such a session unless that per- donate land for recreational use. As a minority staff shall be under the general su- son would have been permitted to attend the result of this piece of legislation, hun- pervision of the ranking member and under session itself, or unless such communication dreds of parks now exist in California the immediate direction of the minority is specifically authorized by the staff direc- that might otherwise have not. tor or minority staff director. Unauthorized staff director. Apart from being a dedicated assem- (2) Any member of the committee should disclosure of information from a closed ses- feel free to call upon the staff at any time sion or of classified information shall be blyman, John Quimby was also a be- for assistance in connection with committee cause for immediate dismissal and may, in loved figure in California politics who business. Members of the Senate not mem- the case of some kinds of information, be thrived on personal and community bers of the committee who call upon the grounds for criminal prosecution. interaction. He had the ability to make staff for assistance from time to time should RULE 15—STATUS AND AMENDMENT OF RULES everyone feel special and cared for. be given assistance subject to the overriding (a) Status.—In addition to the foregoing, Please join me in expressing the sym- responsibility of the staff to the committee. the Committee on Foreign Relations is gov- (3) The staff’s primary responsibility is erned by the Standing Rules of the Senate, pathies of this body to John Quimby’s with respect to bills, resolutions, treaties, which shall take precedence in the event of brother Merle, daughter Kimberly, son and nominations and other matters within a clear inconsistency. In addition, the juris- John Jr., stepdaughters Mary and Vir- the jurisdiction of the committee. In addi- diction and responsibilities of the committee ginia George, stepson Kenny, his seven tion to carrying out assignments from the with respect to certain matters, as well as grandchildren, and his seven great- committee and its individual members, the the timing and procedure for their consider- grandchildren. On this day, we cele- staff has a responsibility to originate sugges- ation in committee, may be governed by brate him, his life, and his exemplary tions for committee or subcommittee consid- statute. eration. The staff also has a responsibility to contributions to California and the Na- (b) Amendment.—These rules may be modi- ∑ make suggestions to individual members re- fied, amended, or repealed by a majority of tion. garding matters of special interest to such the committee, provided that a notice in members. writing of the proposed change has been f (4) It is part of the staff’s duty to keep given to each member at least 48 hours prior itself as well informed as possible in regard to the meeting at which action thereon is to to developments affecting foreign relations REMEMBERING MONSIGNOR LEO be taken. However, rules of the committee McFADDEN and national security and in regard to the which are based upon Senate rules may not administration of foreign programs of the be superseded by committee vote alone. ∑ Mr. HELLER. Mr. President, I rise United States. Significant trends or develop- ments which might otherwise escape notice f today to honor the life of Monsignor Leo McFadden, a priest, an Air Na- should be called to the attention of the com- VOTE EXPLANATION mittee, or of individual Senators with par- tional Guardsman, and a spiritual lead- ticular interests. Mr. JOHNSON of Wisconsin. Mr. er for thousands of Nevadans whose re- (5) The staff shall pay due regard to the President, on February 11, 2013, I was cent passing is a saddening loss to the constitutional separation of powers between unavoidably detained in Wisconsin due Silver State. Monsignor McFadden was the Senate and the executive branch. It to hazardous weather conditions and a beloved member of our community, therefore has a responsibility to help the was unable to vote on amendment No. and I am grateful for his work as a committee bring to bear an independent, ob- 13 in regard to S. 47, the Violence jective judgment of proposals by the execu- priest and chaplain for the less fortu- tive branch and when appropriate to origi- Against Women Act. Had I been able to nate and spiritually needy in northern nate sound proposals of its own. At the same vote, I would have voted ‘‘aye.’’ Nevada. time, the staff shall avoid impinging upon f Not only was Monsignor McFadden a the day-to-day conduct of foreign affairs. man of God, but he was also a Pulitzer (6) In those instances when committee ac- ADDITIONAL STATEMENTS tion requires the expression of minority Prize-nominated columnist who spent views, the staff shall assist the minority as 20 years writing and editing for the Ne- fully as the majority to the end that all REMEMBERING JOHN QUIMBY vada Register. He also served in the points of view may be fully considered by Nevada Air National Guard for decades, ∑ Mrs. FEINSTEIN. Mr. President, I members of the committee and of the Sen- and he was the first Guardsman chap- would like to recognize and honor the ate. The staff shall bear in mind that under lain to be a general line officer. our constitutional system it is the responsi- incredible life of John Quimby, an in- bility of the elected members of the Senate spirational leader that guided and Monsignor McFadden was a priest at to determine legislative issues in the light of touched the lives of so many. Saint Teresa of Avila Catholic Church as full and fair a presentation of the facts as John Quimby was born on February in Carson City and at Reno’s Our Lady the staff may be able to obtain. 12, 1935, in Prescott, AZ, to parents of the Snows Catholic Church. In 1977, (b) Restrictions.— Henrietta and Merle Quimby. The fam- Leo McFadden was given the distinct (1) The staff shall regard its relationship to ily later moved to California and re- designation as a monsignor. His work the committee as a privileged one, in the na- included the formation of the Catholic ture of the relationship of a lawyer to a cli- sided in Banning and Riverside. Mr. ent. In order to protect this relationship and Quimby was hired as a radio announcer Newman Club at the University of Ne- the mutual confidence which must prevail if for a brief period of time before being vada, Las Vegas and serving as a chap- the committee-staff relationship is to be a elected to the San Bernardino City lain at the University of Nevada, Reno. satisfactory and fruitful one, the following Council in 1957. He was the youngest Monsignor McFadden dedicated his criteria shall apply: person to ever serve on that body. entire life to his faith and to the mem- (A) members of the staff shall not be iden- In 1962, John Quimby was elected to bers of his parish. He was an important tified with any special interest group in the field of foreign relations or allow their the California State Assembly, rep- figure in our State, and he will be names to be used by any such group; resenting parts of Riverside and San missed. My thoughts and prayers are (B) members of the staff shall not accept Bernardino counties. Mr. Quimby be- with his family and friends during this public speaking engagements or write for came the first paraplegic to serve in difficult time.∑

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.018 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S702 CONGRESSIONAL RECORD — SENATE February 13, 2013 50TH ANNIVERSARY OF PORTAGE, economic problems. People aren’t all getting ANNIE ARTHUR, WOODSTOCK UNION HIGH MICHIGAN what they need and something needs to be SCHOOL (FINALIST) done. What would fix everything, broaden ∑ To be a democracy, our country must be Mr. LEVIN. Mr. President, one-half our universal communications skills and get able to hear the voices of every citizen indi- century ago this month the residents things done quicker would be to unite glob- vidually and the population as a whole. Peo- of Portage Township made a signifi- ally. By working as an entire unit we can all ple all over the world are sacrificing their cant and lasting decision. They voted communicate and work toward the same lives for the hope of the right to vote. In the in February 1963 to incorporate, becom- goal we all crave: peace. Uniting globally United States, eligibility is simple. To vote, ing the city of Portage. This decision can solve conflicts causing violence, starva- one must be a citizen of the United States provided many opportunities for this tion, and economic problems. and be 18 or older. However, a country as nascent, vibrant community to grow, Uniting globally will benefit the people of great as ours does not seem able to succeed the world immensely. By uniting globally it in a very seemingly simple task: vote freely. enabling city leaders and residents would be much easier to distribute the nec- The State of our Union is teetering on the alike to chart a course for future pros- essary resources to sustain everyone, such as edge. perity. This milestone will be com- food, water, and energy. When everyone is on In the 2012 Presidential Election, only memorated in a number of ways the same page and communicating thor- 57.5% of the entire eligible population cast throughout the year, including at Por- oughly between territories, you can main- their ballots. About 93 million citizens did tage’s city council meeting last night. tain fair trade and further discuss what laws not participate in this most basic foundation The city of Portage is a part of and human rights need to be established as of democracy. How is the United States sup- posed to run as an effective democracy if so Michigan’s rapidly evolving story. His- well. When we’re all united for a common goal, let’s assume peace amongst all people, many citizens remain silent in such a crucial torically, residents and community discussion is more productive and conclusive time to make their voices heard? Granted, leaders relied on fertile farmland for and proper action can be taken at a faster part of this lack of voting is caused by lazi- agriculture production. In fact, in the pace. Actions such as bringing food and ness, indifference or belief that one vote will late 1880s and early 1900s, this area was water to those who have none, and also get- not change the outcome. However, there are known as ‘‘Celery City.’’ Today, it is ting the area with these conditions re-estab- many citizens who want to vote but restric- home to thriving businesses, wel- lished for suitable living conditions. Every- tions imposed at the state level have either coming neighborhoods and abundant one benefits from a united world. attempted or succeeded to suppress partici- The U.S. economy will be heavily bene- pation in this election. In this recent elec- natural beauty. The population of Por- tion there were laws passed to hinder voter tage has more than doubled in the past fitted by uniting globally. When we unite globally, trade is faster and we can simply participation by making it difficult to reg- half century, and a number of new work faster because communication is ister to vote, requiring voter photo identi- businesses, large and small, have quicker and more conclusive than when fications, miscommunication of date and helped to transform the city’s eco- we’re all thinking separately. Trade will times, and threatening voters with imprison- nomic base. therefore be quicker and we can be more pro- ment for voter fraud. Officials also succeeded As part of the celebration, Portage ductive about it with such open communica- in cutting early voting periods, voting by recently unveiled its new motto, ‘‘A tion. It would be easier to discuss the dis- mail, polling hours and number of locations. tribution of currency amongst countries and Even though courts temporarily struck down Natural Place to Move.’’ It speaks to many of these efforts, there is no reason to the city’s continued commitment to people and how we can fix the current eco- nomic problems. Uniting globally will solve believe that state officials will be deterred preserving its many parks, lakes, and the biggest problems of the world. It will from imposing more voting restrictions in trails in a way that encourages resi- broaden the communication between terri- the future. dents to stay active and healthy. tories and will help us resolve conflicts caus- This national issue should not be deter- It is fitting that the celebrations ing famine, violence, and economic problems mined at state level. Restriction on voting is planned this year include a mix of ac- universally. When we all band together we a federal problem and should be addressed by tivities. A commemorative newsletter can accomplish anything and finally bring a federal powers. This is too important an new era of peace. issue to leave to individual state govern- in February will highlight the city’s ments as clearly demonstrated by the bla- rich history; a half-marathon and 5K TYLER BRADLEY, SOUTH BURLINGTON HIGH tant attempts to deny citizens their right to road race later this month will show- SCHOOL (FINALIST) vote. The solution is to simply create basic case the city’s extensive and impres- Our country needs to invest in clean sus- standards on voting. The federal government sive park system; volunteer opportuni- tainable energy and decrease our dependence could pass a bill with minimum guidelines ties spread throughout the year offer for oil from other nations. Our nation should for states to follow on voting laws. This leg- residents a number of ways to give be investing in wind and solar power. Wind is islation does not need to be a complex list of back to their community; and a 50th a renewable source of energy, which will last restrictions; this bill would be freeing up forever. It does not pollute our environment voting laws by listing only what needs to anniversary concert this summer as and is all natural. Solar energy also provides happen to achieve successful voting. Each part of the 2013 summer concert series us with clean energy, with no combustion. It state would then have the freedom to expand will bring families and friends together too is renewable and causes no greenhouse on these basic requirements. This bill could to celebrate this important anniver- gases. Although wind and solar, as energy facilitate registration, polling hours and sary. sources, may prove to be expensive, it is a ability to mail in votes. It is an American’s The city of Portage and its residents small price to pay for the health and safety right to be able to vote. As the world’s great- have much to be proud of. Together, of our environment. In contrast, we are even- est democracy, no political party should be they have steadily moved forward. This tually going to run out of oil and the high able to obstruct voting. The United States, a cost of transporting oil and our dependency nation for the people, of the people, by the year is a moment to pause and reflect on other nations needs to be eliminated. people needs to set a better example as the on the past, and to ensure that the We need to stop relying on foreign nations standard bearer of democracy. next 50 years continues to be marked for our energy supply. If foreign govern- JEANNINE BISSONETTE, CHAMPLAIN VALLEY by growth and progress.∑ ments continue to control oil profits they UNION HIGH SCHOOL (FINALIST) f can use that money to fund terrorism mis- Ever since Woodrow Wilson was elected in chief. In addition, these energy rich coun- 1913, it has been a tradition for Presidents to VERMONT ESSAY FINALISTS tries can restrict the oil supply and therefore address the nation with their State of the make the United States a hostage to their ∑ Mr. SANDERS. Mr. President, I ask Union report. As President Obama prepares demands. We need to end this cycle and in- to present his State of the Union address, to have printed in the RECORD finalist vest in more sustainable energy sources. many politically concerned citizens begin to essays written by Vermont High We need Congress to work harder to obtain ponder the thoughts of what will be produced School students as part of the Third sustainable energy tax incentives like the in the next four years. Annual ‘‘What is the State of the Investment Tax Credit and Production Tax With a current national unemployment Union?’’ Essay contest conducted by Credits. These credits will help reduce the rate of 7.9%, the numbers appear to be much my office. These 21 finalists were se- cost of wind and solar projects and in the lower than the 10% that the United States lected from over 300 entries. long run help reduce global warming. All endured during October of 2009. Although The essays follow. across our earth we currently see record heat these rates suggest a recuperating recession, waves, melting glaciers, rising sea levels and they have not yet reached a level in which SYDNEY ALDERMAN, MT. ABRAHAM UNION extreme droughts and floods. The United the nation can sit back comfortably. These HIGH SCHOOL (FINALIST) States must lead the world in reversing glob- high unemployment rates understandably re- Today we often face the problem of exces- al warming, to preserve a safe planet for our sult in a greater necessity for more families sive violence between people, starvation, and children and grandchildren. to reach out to social welfare services such

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.013 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S703 as food stamps and local food shelves. Ac- marijuana and other drugs since legalization dies. Hollywood portrays gun violence as ex- cording to a local press interview with food would increase the availability and use of citing and desirable. That, in combination shelf coordinator Mary Ann Castimore, the other illegal drugs. Their legalization would with violent video games, leaves imprints in Vergennes Congregational Church found bring more health and safety risks closer to the brains of impressionable young people themselves serving a total of approximately your homes. The legalization and selling of (including the mentally ill). Semi-automatic fifty to sixty new families. People are strug- marijuana could bring some positive to our weapons should be banned, and violence mov- gling to find and hold steady jobs; feeding attention. A potential boost for the economy ies and games should be regulated. In this their families continues to be growing con- if it was sold and taxed heavily. However in country there is freedom of speech and ex- cern. the end I strongly oppose the legalization pression, but the production of these movies Corresponding with the current economy, process and it should only remain available and games results in harm to other citizens. the United States could certainly do more to for medical use only. The risks strongly out- All of these factors need to be addressed. address the concerns of the young people. weigh the positives. Politicians who agree with this stance need With the lack of vacant positions in the Over 50 years ago we created a strong, to step up and speak out despite the possible working world, young adults are learning close relationship with Israel. We have done damage to their reelection. The safety of the quickly that it does not matter so much joint military planning along with military people should be more important than re- what they’ve majored in, but what is avail- research and weapons development. We have election. able. As a high school student of Vermont, I continuously assisted Israel with $3.1 billion America is a bright and prosperous place. have become increasingly aware of my in security assistance and I will not be the There are a few issues dragging it down, but school advisor’s push for me to look into president to stop that trend. The only way with the known strength of this nation, which fields are in need of laborers, rather for Israel to achieve peace with their neigh- these problems can be solved. The only way than those that suit me best when deter- bors is to begin with a clear and strong com- to fix big problems is to lay down political mining an occupation. As the pursuit for mitment to the security of Israel. They are barriers and work together, hand-in-hand. jobs lengthens, it is important that the gov- also a big export consumer to our economy. EMMA DAVITT, CHAMPLAIN VALLEY UNION ernment restricts outsourcing jobs to other We must stand by our ally through these HIGH SCHOOL (FINALIST) countries and create said jobs within the na- tough times between them and the Palestin- The current state of our Union is multi- tion. Instead of outsourcing jobs, the United ians. We will look to both sides to find a faceted, filled with diverse opinions and nu- States should provide incentives to retain common ground to install peace back into merous obstacles. Our Union faces an inter- these positions in America. the world between these rival nations. I am esting future ahead, either a prosperous and As the United States adapts to the most in support of resumption of the aid to the promising future, or a destructive and dele- severe recession since the Great Depression, Palestinian government with a condition terious future. It is up to us, the people of the American citizens’ fear of a failing econ- that the government renounce terrorism. the United States, to do everything we can omy is justified. Major issues such as the Israel has a right to defend themselves from to ensure a brilliant future, to promise fortu- nearing fiscal cliff or changes in Social Secu- these Palestinian rocket attacks, but we will itous and successful lives for our succeeding rity are becoming more common parts of look to peace first in order to draw this to an generations. American conversation. As January ap- end. Israel is an important ally in all per- We are currently coping with the most in- proaches, politicians in D.C. are running out spectives. We must help them. tense, severe recession in our country since to time to make the decision of who will be Thank you and good night America. the Great Depression. 7.9% of the people in taxed in the coming years. By taxing Ameri- ALLIE BULL, CHAMPLAIN VALLEY UNION HIGH the United States are out of work, struggling cans making over two hundred and fifty- SCHOOL (FINALIST) to find jobs and earn a living. Detrimental thousand dollars, more taxes can be gleaned The United States of America is known as taxes are traumatizing families, college by the federal government. Additionally, the land of profuse opportunity for all who graduates’ degrees are rarely helping them more citizens being taxed results in more eq- come here. Throughout the history of this secure jobs and, throughout these unfortu- uitable terms. As a federal insurance pro- country, there have been events to be proud nate situations, many Americans are still fo- gram, Social Security is praised highly for of and events that were not too glorious. As cusing on abortions and gay marriage rights. the benefits it provides the retired popu- the world prepares for the new year of 2013, It is time for our nation to accept individ- lation. Since American citizens are now liv- it is a good idea to reflect as we explore the uality, embrace the freedom our country was ing into their eighties, a shortage in Social state of this union, and gain insight into how founded upon, and fix the major problems Security money has materialized. The inad- this country is running. facing the people of the United States of equacy of funds has led to an extended re- Congress is seemingly dysfunctional right America. tirement age which is predicted to continue now. The current Congress has passed the The unemployment rate is uncomfortably increasing into the future. The United States least number of bills in history. This sta- high. In 2008, many businesses closed, numer- must continue to raise the retirement age in tistic is shocking and embarrassing. The sys- ous workers were laid off and the unemploy- order for Social Security to continue oper- tem of checks and balances within our de- ment rate began to rise. As a result, jobs ating. It takes time and multiple strategies mocracy is designed to prevent an abuse of have become more valuable, and at a time to solve any major issue: there is no one per- power. It is also a known fact that our sys- where few were comfortable with their living fect solution. tem takes longer to pass bills and get things situations and current bank accounts, taxes JONAH BLATT, MILTON HIGH SCHOOL done; however, the current state of gridlock rose. To address this situation, taxes must (FINALIST) is not okay. The nation is frustrated with be lowered for the lower and middle-class Good Evening America, the leaders and the lack of compromise in families while returning the economy to a There are several issues that need to be ad- Washington. Congress needs to become a peaceful state, encouraging businesses to dressed here tonight that will benefit our na- leader of the whole nation, and not indi- grow and expand in the United States. tion in one way or another. First off, I’d like vidual leaders of each political party. The The economy is not only affecting the to touch on the topic of unemployment. The wall between each party needs to be let down working class of our nation, but also the unemployment rate has dropped signifi- and national issues need to be addressed. It children—the future. If children watch their cantly. The rate was 10% in November of is hard for congressmen to make decisions parents and older siblings with college de- 2009, which was the highest from January 1st that could affect reelection; yet, the lack of grees struggle to find a job, what will make 2009 to January 1st 2013. In the middle of progress being made is not making the con- them want to go to college? What will con- that, the rate bounced up and down between stituents any happier. It is better for these vince them that attending college is a won- 9% and 9.5% from 2010 to 2011. Now here we leaders to leave the nation stronger and derful and beneficial experience? The young sit today on a continuous, steady decline all prosperous than when they arrived, as op- members of our national community will one the way down to 7.7%, and I assure you it is posed to an unchanged, struggling country. day be responsible for our country and our not over. Jobs were being created at a rate of In the shadow of the Sandy Hook Mas- only option to ensure a bright and promising 151,000 per month in 2012 and we look to raise sacre, gun control debates have resurfaced. future is to nurture, teach and help this that number this coming year. My new plan This is a topic that needs to be addressed, younger generation. With this in mind, it allows workers who have lost their job to be swiftly and promptly. Semi-automatic weap- should be of great importance to the United placed on temporary jobs as trainees for ons are completely and utterly unnecessary States to make college education more af- short periods to retain their skills or gain in the United States of America. There is no fordable for the young population. Through new ones while still receiving benefits. This reason that a person should need or desire to grants, aid and scholarships, many more stu- was released on April 19th where the unem- own one. These weapons are killing machines dents will have the opportunities to attend ployment rate was 8.2% and now it is 7.7%. and should be banned. Americans have the universities, and with an economy on the It’s working, America. right to bear arms, but there is no need for mend, we can look to the future with great Cannabis, or better known as marijuana weapons other than hunting weapons. Any hope in the highly educated body that will has become a major topic of discussion these weapons that do remain legal in this country one day run the country. days in America. Is it a medical miracle or need to be regulated and controlled with Contemplating these issues, our Union has an addiction amongst many? The Office of very thorough background checks. However, a lot to focus on. We have run ourselves into National Drug Control Policy and I have the fact that semi-automatic weapons are a deep economic and educational rut and it stated that we oppose the legalization of available isn’t the only cause of these trage- is our job to work together to climb out of

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.062 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S704 CONGRESSIONAL RECORD — SENATE February 13, 2013 it. The future of our country rests solely in Purple Heart, and I honor him for the SIX-MONTH PERIODIC REPORT ON the hands of the upcoming generation, how- courageous actions he took to earn THE NATIONAL EMERGENCY ever, how can we have faith in the subse- these awards. WITH RESPECT TO LIBYA THAT quent decades if our current society strug- In 2008, Technical Sergeant Grutter WAS ORIGINALLY DECLARED IN gles to find jobs and attend college? The an- swer is rather simple, the young people of was assigned as a security officer for EXECUTIVE ORDER 13566 OF FEB- our country have the chance to make the Defense Intelligence Support Of- RUARY 25, 2011—PM 3 groundbreaking decisions and be amazing fice-Afghanistan. On March 20, 2008, The PRESIDING OFFICER laid be- leaders, if given the opportunities. while driving a convoy vehicle for the fore the Senate the following message TARYN DRUGE, CHAMPLAIN VALLEY UNION Guard, Technical Sergeant Grutter from the President of the United HIGH SCHOOL (FINALIST) twice risked his own life to thwart States, together with an accompanying In an idealistic world we would work for a enemy ambushes and save the lives of report; which was referred to the Com- common good. Countries wouldn’t consider others. mittee on Banking, Housing, and money, land, or rivalry. They would only see In the first instance, Technical Ser- Urban Affairs: how they could create peace and maintain it. geant Grutter used his own vehicle as a As Franklin D. Roosevelt said, ‘‘A point has shield to protect Afghan National Po- To the Congress of the United States: been reached where the peoples of the Amer- Section 202(d) of the National Emer- icas must take cognizance of growing ill- lice officers driving an unarmored vehi- cle. Then, noticing the Afghan Na- gencies Act (50 U.S.C. 1622(d)) provides will, of marked trends toward aggression, of for the automatic termination of a na- increasing armaments, of shortening tem- tional Police’s machine gun crew in pers—a situation which has in it many of the distress, he dismounted from his own tional emergency unless, within 90 elements that lead to the tragedy of general vehicle, ran through intense fire, and days prior to the anniversary date of war . . . Peace is threatened by those who helped the police repair their weapons. its declaration, the President publishes seek selfish power.’’ It is my opinion that, in While Technical Sergeant Grutter in the Federal Register and transmits to this world, we are not driven by the ambi- was working with the machine gun the Congress a notice stating that the tion for peace but instead by the ambition emergency is to continue in effect be- for wealth and power. We, the U.S., are no crew, enemy insurgents moved in to flank the convoy and began to prepare yond the anniversary date. In accord- different, as much as we would love to be- ance with this provision, I have sent to lieve otherwise and see ourselves as the an attack. With great bravery, Ser- peace bearers of the world. We must open our geant Grutter ran approximately 200 the Federal Register for publication the eyes to the truth. Wealth and power must be meters over exposed terrain to engage enclosed notice stating that the na- relevant in our dealings with foreign nations the insurgents, which forced them to tional emergency declared in Executive because these are some of the only factors retreat. Shortly thereafter, the enemy Order 13566 of February 25, 2011, is to that will drive negotiation. disengaged and left the area. continue in effect beyond February 25, An example of the struggle for wealth and 2013. power is the United States relationship with Unfortunately, a second ambush was already in the making. A large number Colonel Muammar Qadhafi, his gov- China. Currently, the U.S. is deeply uneasy ernment, and close associates took ex- about China, to whom we are deeply in- of civilians became trapped by small debted, for they are our greatest supplier of arms fire from enemy forces. Without treme measures against the people of goods. It is frightening to think that China’s regard for his personal safety, Tech- Libya, including by using weapons of withdrawal could destroy our entire econ- nical Sergeant Grutter provided sup- war, mercenaries, and wanton violence omy, yet our withdrawal from China would pressing fire from an exposed position, against unarmed civilians. In addition, cripple them as well. Instead of the depend- which allowed the Afghan National Po- there was a serious risk that Libyan ence creating unity among our nations, it state assets would be misappropriated has created discomfort and hostility. The lice to evacuate the civilians to safety. As a result of the courageous actions by Qadhafi, members of his govern- power complex each country has creates the ment, members of his family, or his belief that dependence upon one another taken by Technical Sergeant Grutter, weakens us. When Thomas Jefferson said, lives were saved and the convoy contin- close associates if those assets were ‘‘Dependence begets subservience and venal- ued its mission. not protected. The foregoing cir- ity, suffocates the germ of virtue, and pre- I thank Technical Sergeant Grutter cumstances, the prolonged attacks, and pares fit tools for the designs of ambition,’’ for his brave actions and honor his dis- the increased numbers of Libyans seek- Jefferson could never foresee that U.S. de- tinguished service and meritorious ing refuge in other countries caused a pendence would extend overseas due to our achievement in earning the Bronze deterioration in the security of Libya, economies’ desire to manufacture cheaper posed a serious risk to its stability, and thus more profitable products. Medal Star with Valor and the Purple China and the U.S are two great super- Heart. The courage he demonstrated and led me to declare a national emer- powers, and each is just as self-destructive as during his combat mission brings great gency to deal with this threat to the the other. Without a strong and desirable al- honor to our country, the Air National national security and foreign policy of liance with China, the U.S. becomes weak- Guard and the state of Rhode Island. the United States. ened to possible foreign attacks and a col- Along with his fellow Guardsmen, I We are in the process of winding lapse of the economy. The U.S. is feeling out thank Technical Sergeant Grutter for down the sanctions in response to de- of balance right now: so many goods are velopments in Libya, including the fall being manufactured overseas at the expense his outstanding commitment to serv- ing and protecting our country. We in of Qadhafi and his government and the of U.S. jobs being taken away. This balance establishment of a democratically could be found when the U.S comes to the re- Rhode Island are lucky to call him one alization that we cannot completely isolate of our own, and we are proud of him.∑ elected government. We are working closely with the new Libyan govern- China, and, at the same time, we must create f a political environment that nurtures U.S. ment and with the international com- businesses that manufacture products do- MESSAGES FROM THE PRESIDENT munity to effectively and appro- mestically. Messages from the President of the priately ease restrictions on sanctioned In an ideal world the bonds and alliances of United States were communicated to entities, including by taking actions countries would surpass the separation of consistent with the U.N. Security race, religion, class and culture. We must the Senate by Mrs. Neiman, one of his work towards this ideal world, because in it secretaries. Council’s decision to lift sanctions we will find a far better future we could not f against the Central Bank of Libya and possibly foresee today.∑ two other entities on December 16, EXECUTIVE MESSAGES REFERRED f 2011. The situation in Libya, however, As in executive session the presiding continues to pose an unusual and ex- TRIBUTE TO TECHNICAL officer laid before the Senate messages traordinary threat to the national se- SERGEANT GREGORY M. GRUTTER from the President of the United curity and foreign policy of the United ∑ Mr. WHITEHOUSE. Mr. President, I States submitting sundry nominations States and we need to protect against rise today to recognize the heroic serv- which were referred to the appropriate this threat and the diversion of assets ice of Rhode Island Air National Guard committees. or other abuse by certain members of TSgt. Gregory M. Grutter. Technical (The messages received today are Qadhafi’s family and other former re- Sergeant Grutter was awarded the printed at the end of the Senate pro- gime officials. Therefore, I have deter- Bronze Medal Star with Valor and the ceedings.) mined that it is necessary to continue

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.062 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S705 the national emergency with respect to nautics and Space Administration, transmit- mittee on Commerce, Science, and Transpor- Libya. ting, pursuant to law, the report of a rule en- tation. EC–384. A communication from the Pro- BARACK OBAMA. titled ‘‘NASA Information Security Protec- gram Analyst, National Highway Traffic THE WHITE HOUSE, February 13, 2013. tion’’ (RIN2700–AD61) received in the Office of the President of the Senate on February 7, Safety Administration, Department of f 2013; to the Committee on Commerce, Transportation, transmitting, pursuant to MESSAGE FROM THE HOUSE Science, and Transportation. law, the report of a rule entitled ‘‘Event EC–376. A communication from the Pro- Data Recorders’’ (RIN2127–AL14) received in At 12:57 p.m., a message from the gram Analyst, National Highway Traffic the Office of the President of the Senate on House of Representatives, delivered by Safety Administration, Department of February 11, 2013; to the Committee on Com- merce, Science, and Transportation. Mrs. Cole, one of its reading clerks, an- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Federal EC–385. A communication from the Pro- nounced that the House has passed the Motor Vehicle Safety Standards; Motorcycle gram Analyst, National Highway Traffic following bills, in which it requests the Brake Systems’’ (RIN2127–AK16) received in Safety Administration, Department of concurrence of the Senate: the Office of the President of the Senate on Transportation, transmitting, pursuant to H.R. 235. An act to amend the Public February 11, 2013; to the Committee on Com- law, the report of a rule entitled ‘‘Make In- Health Service Act to provide grants to merce, Science, and Transportation. operative Exemptions; Retrofit On-Off States to streamline State requirements and EC–377. A communication from the Pro- Switches for Air Bags’’ (RIN2127–AL19) re- procedures for veterans with military emer- gram Analyst, National Highway Traffic ceived in the Office of the President of the gency medical training to become civilian Safety Administration, Department of Senate on February 11, 2013; to the Com- emergency medical technicians. Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- H.R. 316. An act to reinstate and transfer law, the report of a rule entitled ‘‘Federal tation. EC–386. A communication from the Pro- certain hydroelectric licenses and extend the Motor Vehicle Safety Standards; Side Im- gram Analyst, National Highway Traffic deadline for commencement of construction pact Protection’’ (RIN2127–AK82) received in Safety Administration, Department of of certain hydroelectric projects. the Office of the President of the Senate on February 11, 2013; to the Committee on Com- Transportation, transmitting, pursuant to f merce, Science, and Transportation. law, the report of a rule entitled ‘‘Uniform Procedures for State Highway Safety Grant MEASURES REFERRED EC–378. A communication from the Pro- gram Analyst, National Highway Traffic Programs’’ (RIN2127–AL30) received in the The following bills were read the first Safety Administration, Department of Office of the President of the Senate on Feb- and the second times by unanimous Transportation, transmitting, pursuant to ruary 11, 2013; to the Committee on Com- consent, and referred as indicated: law, the report of a rule entitled ‘‘Civil Pen- merce, Science, and Transportation. EC–387. A communication from the Pro- alties’’ (RIN2127–AL16) received in the Office H.R. 235. An act to amend the Public gram Analyst, National Highway Traffic of the President of the Senate on February Health Service Act to provide grants to Safety Administration, Department of 11, 2013; to the Committee on Commerce, States to streamline State requirements and Transportation, transmitting, pursuant to Science, and Transportation. procedures for veterans with military emer- law, the report of a rule entitled ‘‘Federal gency medical training to become civilian EC–379. A communication from the Pro- gram Analyst, National Highway Traffic Motor Vehicle Safety Standards; Matters In- emergency medical technicians; to the Com- corporated by Reference’’ (RIN2127–AK89) re- mittee on Health, Education, Labor, and Safety Administration, Department of Transportation, transmitting, pursuant to ceived in the Office of the President of the Pensions. Senate on February 11, 2013; to the Com- law, the report of a rule entitled ‘‘Federal H.R. 316. An act to reinstate and transfer mittee on Commerce, Science, and Transpor- Motor Vehicle Safety Standards; Lamps, Re- certain hydroelectric licenses and extend the tation. deadline for commencement of construction flective Devices, and Associated Equipment’’ EC–388. A communication from the Pro- of certain hydroelectric projects; to the (RIN2127–AK99) received in the Office of the gram Analyst, National Highway Traffic Committee on Energy and Natural Re- President of the Senate on February 11, 2013; Safety Administration, Department of sources. to the Committee on Commerce, Science, Transportation, transmitting, pursuant to and Transportation. law, the report of a rule entitled ‘‘Tire Fuel f EC–380. A communication from the Pro- Efficiency Consumer Information Program’’ gram Analyst, National Highway Traffic EXECUTIVE AND OTHER (RIN2127–AK83) received in the Office of the Safety Administration, Department of COMMUNICATIONS President of the Senate on February 11, 2013; Transportation, transmitting, pursuant to to the Committee on Commerce, Science, The following communications were law, the report of a rule entitled ‘‘Federal and Transportation. laid before the Senate, together with Motor Vehicle Safety Standards; New Pneu- EC–389. A communication from the Pro- accompanying papers, reports, and doc- matic and Certain Specialty Tires’’ gram Analyst, National Highway Traffic uments, and were referred as indicated: (RIN2127–AK42) received in the Office of the Safety Administration, Department of President of the Senate on February 11, 2013; Transportation, transmitting, pursuant to EC–372. A communication from the Para- to the Committee on Commerce, Science, law, the report of a rule entitled ‘‘Federal legal, Federal Transit Administration, De- and Transportation. Motor Vehicle Theft Prevention Standard; partment of Transportation, transmitting, EC–381. A communication from the Pro- Final Listing of 2013 Light Duty Truck Lines pursuant to law, the report of a rule entitled gram Analyst, National Highway Traffic Subject to the Requirements of This Stand- ‘‘Environmental Impact and Related Proce- Safety Administration, Department of ard and Exempted Vehicle Lines for Model dures’’ (RIN2132–AB03) received in the Office Transportation, transmitting, pursuant to Year 2013’’ (RIN2127–AL21) received in the Of- of the President of the Senate on February law, the report of a rule entitled ‘‘Part 567— fice of the President of the Senate on Feb- 11, 2013; to the Committee on Commerce, Certification Authorized by 49 U.S.C. 30115’’ ruary 11, 2013; to the Committee on Com- Science, and Transportation. (RIN2127–AL18) received in the Office of the merce, Science, and Transportation. EC–373. A communication from the Sec- President of the Senate on February 11, 2013; EC–390. A communication from the Pro- retary of the Commission, Bureau of Con- to the Committee on Commerce, Science, gram Analyst, National Highway Traffic sumer Protection, Federal Trade Commis- and Transportation. Safety Administration, Department of sion, transmitting, pursuant to law, the re- EC–382. A communication from the Pro- Transportation, transmitting, pursuant to port of a rule entitled ‘‘Children’s Online gram Analyst, National Highway Traffic law, the report of a rule entitled ‘‘Schedule Privacy Protection Rule’’ (RIN3084–AB20) re- Safety Administration, Department of of Fees Authorized’’ (RIN2127–AL09) received ceived in the Office of the President of the Transportation, transmitting, pursuant to in the Office of the President of the Senate Senate on February 7, 2013; to the Com- law, the report of a rule entitled ‘‘List of on February 11, 2013; to the Committee on mittee on Commerce, Science, and Transpor- Nonconforming Vehicles Decided to be Eligi- Commerce, Science, and Transportation. tation. ble for Importation’’ (Docket No. NHTSA– EC–391. A communication from the Para- EC–374. A communication from the Federal 2011–0127) received in the Office of the Presi- legal Specialist, Federal Aviation Adminis- Register and Regulatory Liaison Officer, Of- dent of the Senate on February 11, 2013; to tration, Department of Transportation, fice of Protective Services, National Aero- the Committee on Commerce, Science, and transmitting, pursuant to law, the report of nautics and Space Administration, transmit- Transportation. a rule entitled ‘‘Airworthiness Directives; ting, pursuant to law, the report of a rule en- EC–383. A communication from the Pro- Bell Helicopter Textron Helicopters’’ titled ‘‘NASA Security and Protective Serv- gram Analyst, National Highway Traffic ((RIN2120–AA64) (Docket No. FAA–2012–0530)) ices Enforcement’’ (RIN2700–AD89) received Safety Administration, Department of received in the Office of the President of the in the Office of the President of the Senate Transportation, transmitting, pursuant to Senate on February 11, 2013; to the Com- on February 7, 2013; to the Committee on law, the report of a rule entitled ‘‘Consumer mittee on Commerce, Science, and Transpor- Commerce, Science, and Transportation. Information Regulations: Fees for Use of tation. EC–375. A communication from the Federal Traction Skid Pads’’ (RIN2127–AK06) re- EC–392. A communication from the Para- Register and Regulatory Liaison Officer, Of- ceived in the Office of the President of the legal Specialist, Federal Aviation Adminis- fice of Protective Services, National Aero- Senate on February 11, 2013; to the Com- tration, Department of Transportation,

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.021 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S706 CONGRESSIONAL RECORD — SENATE February 13, 2013 transmitting, pursuant to law, the report of Senate on February 11, 2013; to the Com- a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- The Boeing Company Airplanes’’ ((RIN2120– Airbus Airplanes’’ ((RIN2120–AA64) (Docket tation. AA64) (Docket No. FAA–2011–1168)) received No. FAA–2012–0488)) received in the Office of EC–401. A communication from the Para- in the Office of the President of the Senate the President of the Senate on February 11, legal Specialist, Federal Aviation Adminis- on February 11, 2013; to the Committee on 2013; to the Committee on Commerce, tration, Department of Transportation, Commerce, Science, and Transportation. Science, and Transportation. transmitting, pursuant to law, the report of EC–410. A communication from the Para- EC–393. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, tration, Department of Transportation, AA64) (Docket No. FAA–2012–1104)) received transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; on February 11, 2013; to the Committee on The Boeing Company Airplanes’’ ((RIN2120– Fokker Services B.V. Airplanes’’ ((RIN2120– Commerce, Science, and Transportation. AA64) (Docket No. FAA–2011–0652)) received AA64) (Docket No. FAA–2012–0643)) received EC–402. A communication from the Para- in the Office of the President of the Senate in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- on February 11, 2013; to the Committee on on February 11, 2013; to the Committee on tration, Department of Transportation, Commerce, Science, and Transportation. Commerce, Science, and Transportation. transmitting, pursuant to law, the report of EC–411. A communication from the Para- EC–394. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- Fokker Services B.V. Airplanes’’ ((RIN2120– tration, Department of Transportation, tration, Department of Transportation, AA64) (Docket No. FAA–2012–0143)) received transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; on February 11, 2013; to the Committee on Eurocopter Deutschland GmbH Helicopters’’ Hawker Beechcraft Corporation Airplanes’’ Commerce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2012–1188)) ((RIN2120–AA64) (Docket No. FAA–2012–0829)) EC–403. A communication from the Para- received in the Office of the President of the received in the Office of the President of the legal Specialist, Federal Aviation Adminis- Senate on February 11, 2013; to the Com- Senate on February 11, 2013; to the Com- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of tation. tation. a rule entitled ‘‘Airworthiness Directives; Si- EC–412. A communication from the Para- EC–395. A communication from the Para- korsky Aircraft Corporation Helicopters’’ legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2012–0216)) tration, Department of Transportation, tration, Department of Transportation, received in the Office of the President of the transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Senate on February 11, 2013; to the Com- a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- The Boeing Company Airplanes’’ ((RIN2120– Cessna Aircraft Company Airplanes’’ tation. AA64) (Docket No. FAA–2012–0728)) received ((RIN2120–AA64) (Docket No. FAA–2012–0846)) EC–404. A communication from the Para- in the Office of the President of the Senate received in the Office of the President of the legal Specialist, Federal Aviation Adminis- on February 11, 2013; to the Committee on Senate on February 11, 2013; to the Com- tration, Department of Transportation, Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of EC–413. A communication from the Para- tation. a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- EC–396. A communication from the Para- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2012–0679)) received in the transmitting, pursuant to law, the report of tration, Department of Transportation, Office of the President of the Senate on Feb- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of ruary 11, 2013; to the Committee on Com- Airbus Airplanes’’ ((RIN2120–AA64) (Docket a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. No. FAA–2012–0427)) received in the Office of Airbus Airplanes’’ ((RIN2120–AA64) (Docket EC–405. A communication from the Para- the President of the Senate on February 11, No. FAA–2012–0493)) received in the Office of legal Specialist, Federal Aviation Adminis- 2013; to the Committee on Commerce, the President of the Senate on February 11, tration, Department of Transportation, Science, and Transportation. 2013; to the Committee on Commerce, transmitting, pursuant to law, the report of EC–414. A communication from the Para- Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; legal Specialist, Federal Aviation Adminis- EC–397. A communication from the Para- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2012–0806)) received in the transmitting, pursuant to law, the report of tration, Department of Transportation, Office of the President of the Senate on Feb- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of ruary 11, 2013; to the Committee on Com- BAE SYSTEMS (OPERATIONS) LIMITED a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. Airplanes’’ ((RIN2120–AA64) (Docket No. Hawker Beechcraft Corporation Airplanes’’ EC–406. A communication from the Para- FAA–2012–0642)) received in the Office of the ((RIN2120–AA64) (Docket No. FAA–2012–0830)) legal Specialist, Federal Aviation Adminis- President of the Senate on February 11, 2013; received in the Office of the President of the tration, Department of Transportation, to the Committee on Commerce, Science, Senate on February 11, 2013; to the Com- transmitting, pursuant to law, the report of and Transportation. mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives; EC–415. A communication from the Para- tation. Airbus Airplanes’’ ((RIN2120–AA64) (Docket legal Specialist, Federal Aviation Adminis- EC–398. A communication from the Para- No. FAA–2012–0428)) received in the Office of tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- the President of the Senate on February 11, transmitting, pursuant to law, the report of tration, Department of Transportation, 2013; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of Science, and Transportation. Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) a rule entitled ‘‘Airworthiness Directives; EC–407. A communication from the Para- (Docket No. FAA–2012–0592)) received in the Eurocopter France Helicopters’’ ((RIN2120– legal Specialist, Federal Aviation Adminis- Office of the President of the Senate on Feb- AA64) (Docket No. FAA–2012–1128)) received tration, Department of Transportation, ruary 11, 2013; to the Committee on Com- in the Office of the President of the Senate transmitting, pursuant to law, the report of merce, Science, and Transportation. on February 11, 2013; to the Committee on a rule entitled ‘‘Airworthiness Directives; EC–416. A communication from the Para- Commerce, Science, and Transportation. Airbus Airplanes’’ ((RIN2120–AA64) (Docket legal Specialist, Federal Aviation Adminis- EC–399. A communication from the Para- No. FAA–2011–0518)) received in the Office of tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- the President of the Senate on February 11, transmitting, pursuant to law, the report of tration, Department of Transportation, 2013; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of Science, and Transportation. Airbus Airplanes’’ ((RIN2120–AA64) (Docket a rule entitled ‘‘Airworthiness Directives; EC–408. A communication from the Para- No. FAA–2012–0719)) received in the Office of The Boeing Company Airplanes’’ ((RIN2120– legal Specialist, Federal Aviation Adminis- the President of the Senate on February 11, AA64) (Docket No. FAA–2009–0794)) received tration, Department of Transportation, 2013; to the Committee on Commerce, in the Office of the President of the Senate transmitting, pursuant to law, the report of Science, and Transportation. on February 11, 2013; to the Committee on a rule entitled ‘‘Airworthiness Directives; EC–417. A communication from the Para- Commerce, Science, and Transportation. The Boeing Company Airplanes’’ ((RIN2120– legal Specialist, Federal Aviation Adminis- EC–400. A communication from the Para- AA64) (Docket No. FAA–2012–0498)) received tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- in the Office of the President of the Senate transmitting, pursuant to law, the report of tration, Department of Transportation, on February 11, 2013; to the Committee on a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of Commerce, Science, and Transportation. Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) a rule entitled ‘‘Airworthiness Directives; Si- EC–409. A communication from the Para- (Docket No. FAA–2012–0726)) received in the korsky Aircraft Corporation Helicopters’’ legal Specialist, Federal Aviation Adminis- Office of the President of the Senate on Feb- ((RIN2120–AA64) (Docket No. FAA–2012–0340)) tration, Department of Transportation, ruary 11, 2013; to the Committee on Com- received in the Office of the President of the transmitting, pursuant to law, the report of merce, Science, and Transportation.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.023 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S707 EC–418. A communication from the Para- and second times by unanimous con- United States until the Secretary of Home- legal Specialist, Federal Aviation Adminis- sent, and referred as indicated: land Security certifies that the US–VISIT tration, Department of Transportation, system has been fully implemented at every By Mr. REED (for himself, Mr. transmitting, pursuant to law, the report of land, sea, and air port of entry; to the Com- JOHANNS, Mrs. BOXER, and Mr. a rule entitled ‘‘Airworthiness Directives; mittee on the Judiciary. FRANKEN): Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) By Mr. VITTER (for himself, Mr. LEE, S. 290. A bill to reduce housing-related (Docket No. FAA–2012–0146)) received in the and Mr. BOOZMAN): health hazards, and for other purposes; to Office of the President of the Senate on Feb- S. 301. A bill to amend section 301 of the the Committee on Banking, Housing, and ruary 11, 2013; to the Committee on Com- Immigration and Nationality Act to clarify Urban Affairs. merce, Science, and Transportation. those classes of individuals born in the By Mr. REED (for himself, Mr. EC–419. A communication from the Para- United States who are nationals and citizens JOHANNS, Mrs. BOXER, and Mr. legal Specialist, Federal Aviation Adminis- of the United States at birth; to the Com- FRANKEN): tration, Department of Transportation, mittee on the Judiciary. S. 291. A bill to establish the Council on transmitting, pursuant to law, the report of By Mr. VITTER: a rule entitled ‘‘Airworthiness Directives; Healthy Housing and for other purposes; to S. 302. A bill to amend the Immigration Pratt and Whitney Division Turbofan En- the Committee on Banking, Housing, and and Nationality Act to make voting in a gines’’ ((RIN2120–AA64) (Docket No. FAA– Urban Affairs. Federal election by an unlawfully present 2012–0546)) received in the Office of the Presi- By Mr. LEE: alien an aggravated felony and for other pur- dent of the Senate on February 11, 2013; to S. 292. A bill to amend the Immigration poses; to the Committee on the Judiciary. the Committee on Commerce, Science, and and Nationality Act to provide a special rule By Mr. VITTER: Transportation. for the period of admission of H–2A non- S. 303. A bill to amend the Immigration EC–420. A communication from the Para- immigrants employed as sheepherders, goat and Nationality Act to promote innovation, legal Specialist, Federal Aviation Adminis- herders, or dairy farmers, and for other pur- investment, and research in the United tration, Department of Transportation, poses; to the Committee on the Judiciary. States, to eliminate the diversity immigrant transmitting, pursuant to law, the report of By Mr. LEE: program, and for other purposes; to the Com- a rule entitled ‘‘Airworthiness Directives; S. 293. A bill to amend the Immigration mittee on the Judiciary. Airbus Airplanes’’ ((RIN2120–AA64) (Docket and Nationality Act to eliminate the per- By Mr. COCHRAN (for himself and Mr. country numerical limitation for employ- No. FAA–2012–0640)) received in the Office of WICKER): the President of the Senate on February 11, ment-based immigrants, to increase the per- S. 304. A bill to direct the Secretary of the 2013; to the Committee on Commerce, country numerical limitation for family- Interior to convey to the State of Mississippi Science, and Transportation. sponsored immigrants, and for other pur- 2 parcels of surplus land within the boundary EC–421. A communication from the Para- poses; to the Committee on the Judiciary. of the Natchez Trace Parkway, and for other legal Specialist, Federal Aviation Adminis- By Mr. TESTER (for himself, Mr. BAU- purposes; to the Committee on Energy and tration, Department of Transportation, CUS, Mr. BEGICH, Mr. BLUMENTHAL, Natural Resources. transmitting, pursuant to law, the report of Mrs. GILLIBRAND, and Mrs. SHAHEEN): By Mr. COCHRAN (for himself and Mr. a rule entitled ‘‘Airworthiness Directives; S. 294. A bill to amend title 38, United WICKER): Alpha Aviation Concept Limited Airplanes’’ States Code, to improve the disability com- S. 305. A bill to authorize the acquisition of ((RIN2120–AA64) (Docket No. FAA–2012–0798)) pensation evaluation procedure of the Sec- core battlefield land at Champion Hill, Port received in the Office of the President of the retary of Veterans Affairs for veterans with Gibson, and Raymond for addition to Vicks- Senate on February 11, 2013; to the Com- mental health conditions related to military burg National Military Park; to the Com- mittee on Commerce, Science, and Transpor- sexual trauma, and for other purposes; to the mittee on Energy and Natural Resources. tation. Committee on Veterans’ Affairs. By Mr. BARRASSO (for himself, Mr. EC–422. A communication from the Para- By Mr. LAUTENBERG: RISCH, Mr. ENZI, and Mr. CRAPO): legal Specialist, Federal Aviation Adminis- S. 295. A bill to allow certain Indonesian S. 306. A bill to authorize all Bureau of tration, Department of Transportation, citizens to file a motion to reopen their asy- Reclamation conduit facilities for hydro- transmitting, pursuant to law, the report of lum claims; to the Committee on the Judici- power development under Federal Reclama- a rule entitled ‘‘Airworthiness Directives; ary. tion law, and for other purposes; to the Com- The Boeing Company Airplanes’’ ((RIN2120– By Mr. LEAHY (for himself, Ms. COL- mittee on Energy and Natural Resources. AA64) (Docket No. FAA–2010–0856)) received LINS, Mr. SCHUMER, Ms. KLOBUCHAR, By Mr. MENENDEZ (for himself, Mr. in the Office of the President of the Senate Mr. BLUMENTHAL, and Ms. BALDWIN): LAUTENBERG, Mr. DURBIN, Mr. SCHU- on February 11, 2013; to the Committee on S. 296. A bill to amend the Immigration MER, Ms. STABENOW, Mr. CARDIN, Mrs. Commerce, Science, and Transportation. and Nationality Act to eliminate discrimina- EC–423. A communication from the Para- MCCASKILL, Mrs. GILLIBRAND, Mr. tion in the immigration laws by permitting WHITEHOUSE, Mrs. SHAHEEN, Mr. legal Specialist, Federal Aviation Adminis- permanent partners of United States citizens tration, Department of Transportation, FRANKEN, Mr. REED, Mr. NELSON, Ms. and lawful permanent residents to obtain KLOBUCHAR, Mr. BROWN, Mr. LEAHY, transmitting, pursuant to law, the report of lawful permanent resident status in the a rule entitled ‘‘Airworthiness Directives; and Mr. MERKLEY): same manner as spouses of citizens and law- S. 307. A bill to reduce the Federal budget The Boeing Company Airplanes’’ ((RIN2120– ful permanent residents and to penalize im- deficit by closing big oil tax loopholes, and AA64) (Docket No. FAA–2008–0619)) received migration fraud in connection with perma- for other purposes; to the Committee on Fi- in the Office of the President of the Senate nent partnerships; to the Committee on the nance. on February 11, 2013; to the Committee on Judiciary. By Mr. BEGICH: Commerce, Science, and Transportation. By Mr. RUBIO: EC–424. A communication from the Para- S. 308. A bill to amend title II of the Social S. 297. A bill to amend the Internal Rev- legal Specialist, Federal Aviation Adminis- Security Act and the Internal Revenue Code enue Code of 1986 to allow a credit against tration, Department of Transportation, of 1986 to make improvements in the old-age, tax for qualified elementary and secondary transmitting, pursuant to law, the report of survivors, and disability insurance program, education tuition; to the Committee on Fi- a rule entitled ‘‘Airworthiness Directives; to provide for cash relief for years for which nance. Airbus Airplanes’’ ((RIN2120–AA64) (Docket annual COLAs do not take effect under cer- By Mr. MENENDEZ (for himself, Mr. No. FAA–2012–0144)) received in the Office of tain cash benefit programs, and to provide CORKER, Mr. CARDIN, Mr. RUBIO, Mrs. the President of the Senate on February 11, for Social Security benefit protection; to the FEINSTEIN, Mrs. BOXER, Mr. INHOFE, 2013; to the Committee on Commerce, Committee on Finance. and Mr. DONNELLY): By Mr. HARKIN (for himself, Mr. COCH- Science, and Transportation. S. 298. A bill to prevent nuclear prolifera- EC–425. A communication from the Para- RAN, Mr. BEGICH, and Mr. WYDEN): tion in North Korea, and for other purposes; legal Specialist, Federal Aviation Adminis- S. 309. A bill to award a Congressional Gold to the Committee on Foreign Relations. tration, Department of Transportation, Medal to the World War II members of the By Mr. VITTER (for himself, Mr. transmitting, pursuant to law, the report of Civil Air Patrol; to the Committee on Bank- GRASSLEY, Mrs. FISCHER, and Mr. a rule entitled ‘‘Airworthiness Directives; ing, Housing, and Urban Affairs. SESSIONS): Airbus Airplanes’’ ((RIN2120–AA64) (Docket By Mr. MORAN (for himself, Mr. WAR- S. 299. A bill to prohibit appropriated funds No. FAA–2012–0596)) received in the Office of NER, Mr. COONS, and Mr. BLUNT): from being used in contravention of section S. 310. A bill to jump-start economic recov- the President of the Senate on February 11, 642(a) of the Illegal Immigration Reform and ery through the formation and growth of new 2013; to the Committee on Commerce, Immigrant Responsibility Act of 1996; to the businesses, and for other purposes; to the Science, and Transportation. Committee on the Judiciary. Committee on Finance. f By Mr. VITTER (for himself, Mr. SES- By Ms. LANDRIEU: INTRODUCTION OF BILLS AND SIONS, and Mr. LEE): S. 311. A bill to direct the Secretary of the JOINT RESOLUTIONS S. 300. A bill to prohibit the implementa- Interior to study the suitability and feasi- tion of any program that grants temporary bility of designating sites in the Lower Mis- The following bills and joint resolu- legal status to, or adjusts the status of, any sissippi River Area in the State of Louisiana tions were introduced, read the first individual who is unlawfully present in the as a unit of the National Park System, and

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for other purposes; to the Committee on En- LEAHY, Mr. REED, Mr. LAUTENBERG, S. Res. 34. A resolution commemorating ergy and Natural Resources. Mr. LEVIN, Mr. SANDERS, Mr. ROCKE- the 150th anniversary of Kansas State Uni- By Mr. UDALL of New Mexico (for FELLER, Mr. HARKIN, and Mr. versity; considered and agreed to. himself and Mr. HEINRICH): FRANKEN): f S. 312. A bill to adjust the boundary of the S. 321. A bill to reduce the deficit by im- Carson National Forest, New Mexico; to the posing a minimum effective tax rate for ADDITIONAL COSPONSORS Committee on Energy and Natural Re- high-income taxpayers; to the Committee on S. 37 sources. Finance. At the request of Mr. TESTER, the By Mr. CASEY (for himself, Mr. BURR, By Mrs. MURRAY (for herself, Mr. Mr. HARKIN, Mr. CARDIN, Mr. RUBIO, FRANKEN, Mr. BEGICH, and Ms. name of the Senator from Montana Mr. FRANKEN, Mr. MORAN, Mr. REED, HIRONO): (Mr. BAUCUS) was added as a cosponsor Mr. LEAHY, Mrs. BOXER, Mr. BROWN, S. 322. A bill to set the United States on of S. 37, a bill to sustain the economic Mr. SANDERS, Mr. BLUMENTHAL, Ms. track to ensure children are ready to learn development and recreational use of BALDWIN, Mr. BLUNT, Mr. COONS, Mr. when they begin kindergarten; to the Com- National Forest System land and other JOHANNS, and Mrs. GILLIBRAND): mittee on Health, Education, Labor, and public land in the State of Montana, to S. 313. A bill to amend the Internal Rev- Pensions. enue Code of 1986 to provide for the tax add certain land to the National Wil- By Mr. DURBIN (for himself and Mr. derness Preservation System, to re- treatment of ABLE accounts established COCHRAN): under State programs for the care of family S. 323. A bill to amend title XVIII of the lease certain wilderness study areas, to members with disabilities, and for other pur- Social Security Act to provide for extended designate new areas for recreation, and poses; to the Committee on Finance. months of Medicare coverage of immuno- for other purposes. By Mr. LAUTENBERG: suppressive drugs for kidney transplant pa- S. 119 S. 314. A bill to amend the Public Health tients and other renal dialysis provisions; to Service Act to improve the health of chil- At the request of Mrs. BOXER, the the Committee on Finance. name of the Senator from Oregon (Mr. dren and help better understand and enhance By Mr. CORNYN (for himself, Mr. WYDEN) was added as a cosponsor of S. awareness about unexpected sudden death in MCCONNELL, Mr. ROBERTS, Mr. early life; to the Committee on Health, Edu- HATCH, Mr. COCHRAN, Mr. GRASSLEY, 119, a bill to prohibit the application of cation, Labor, and Pensions. Mr. SHELBY, Mr. MCCAIN, Mr. INHOFE, certain restrictive eligibility require- By Ms. KLOBUCHAR (for herself, Mr. Mr. SESSIONS, Ms. COLLINS, Mr. ENZI, ments to foreign nongovernmental or- WICKER, Mr. SANDERS, Ms. COLLINS, Mr. CRAPO, Ms. MURKOWSKI, Mr. ganizations with respect to the provi- Mr. MENENDEZ, Mr. ISAKSON, Ms. MI- CHAMBLISS, Mr. GRAHAM, Mr. ALEX- sion of assistance under part I of the KULSKI, Mr. LEAHY, Mr. LAUTENBERG, ANDER, Mr. BURR, Mr. COBURN, Mr. Foreign Assistance Act of 1961. and Mr. NELSON): THUNE, Mr. ISAKSON, Mr. VITTER, Mr. S. 153 S. 315. A bill to reauthorize and extend the CORKER, Mr. BARRASSO, Mr. WICKER, Paul D. Wellstone Muscular Dystrophy Com- Mr. JOHANNS, Mr. RISCH, Mr. KIRK, At the request of Mr. BEGICH, the munity Assistance, Research, and Education Mr. COATS, Mr. BLUNT, Mr. MORAN, name of the Senator from Colorado Amendments of 2008; to the Committee on Mr. PORTMAN, Mr. BOOZMAN, Mr. (Mr. UDALL) was added as a cosponsor Health, Education, Labor, and Pensions. TOOMEY, Mr. HOEVEN, Mr. RUBIO, Mr. of S. 153, a bill to amend section 520J of By Mr. SANDERS (for himself, Mr. JOHNSON of Wisconsin, Mr. PAUL, Mr. the Public Health Service Act to au- LEAHY, Mrs. GILLIBRAND, Mr. LEE, Ms. AYOTTE, Mr. HELLER, Mr. FRANKEN, Mr. WYDEN, Mr. MERKLEY, thorize grants for mental health first SCOTT, Mr. FLAKE, Mr. CRUZ, and aid training programs. Mr. UDALL of New Mexico, and Mr. Mrs. FISCHER): BROWN): S.J. Res. 7. A joint resolution proposing an S. 169 S. 316. A bill to recalculate and restore re- amendment to the Constitution of the At the request of Mr. HATCH, the tirement annuity obligations of the United United States relative to balancing the budg- name of the Senator from South Da- States Postal Service, to eliminate the re- et; to the Committee on the Judiciary. quirement that the United States Postal kota (Mr. THUNE) was added as a co- Service prefund the Postal Service Retiree f sponsor of S. 169, a bill to amend the Health Benefits Fund, to place restrictions Immigration and Nationality Act to on the closure of postal facilities, to create SUBMISSION OF CONCURRENT AND authorize additional visas for well-edu- incentives for innovation for the United SENATE RESOLUTIONS cated aliens to live and work in the States Postal Service, to maintain levels of The following concurrent resolutions United States, and for other purposes. postal service, and for other purposes; to the and Senate resolutions were read, and S. 183 Committee on Homeland Security and Gov- referred (or acted upon), as indicated: ernmental Affairs. At the request of Mrs. MCCASKILL, By Mr. JOHANNS (for himself and Mrs. By Mrs. GILLIBRAND (for herself, Ms. the name of the Senator from Wyoming FISCHER): MIKULSKI, Mr. FRANKEN, Ms. LAN- (Mr. ENZI) was added as a cosponsor of S. 317. A bill to require the Inspector Gen- DRIEU, Mrs. BOXER, Mr. CARDIN, Mr. S. 183, a bill to amend title XVIII of the eral of the Environmental Protection Agen- WHITEHOUSE, Mr. COCHRAN, Mr. Social Security Act to provide for fair- LEVIN, Mr. MENENDEZ, Mr. LAUTEN- cy to include certain assessments in reports; ness in hospital payments under the BERG, Mr. COONS, Mr. SCHATZ, Mr. to the Committee on Environment and Pub- Medicare program. lic Works. BEGICH, Mr. MANCHIN, Mrs. HAGAN, By Mr. JOHANNS: Mrs. SHAHEEN, Mr. CASEY, Mr. S. 210 S. 318. A bill to rescind funds made avail- BROWN, Mr. WICKER, Mr. UDALL of At the request of Mr. HELLER, the able to the Administrator of the Environ- Colorado, Mr. NELSON, Mr. SCHUMER, name of the Senator from Georgia (Mr. Mr. PRYOR, Ms. CANTWELL, Mr. mental Protection Agency if the Adminis- CHAMBLISS) was added as a cosponsor of PORTMAN, Mr. ISAKSON, Mr. WYDEN, trator fails to meet certain deadlines; to the S. 210, a bill to amend title 18, United Mr. WARNER, Mr. MERKLEY, Mr. DUR- Committee on Environment and Public States Code, with respect to fraudulent Works. BIN, Mrs. MCCASKILL, Ms. STABENOW, By Mr. JOHANNS: Mrs. FEINSTEIN, Mr. COWAN, and Mr. representations about having received S. 319. A bill to require the Administrator REED): military declarations or medals. of the Environmental Protection Agency to S. Res. 31. A resolution celebrating Black S. 234 provide adequate data, modeling, and sup- History Month; considered and agreed to. At the request of Mr. REID, the name port in the development of a State imple- By Mr. HOEVEN (for himself and Ms. of the Senator from Oregon (Mr. mentation plan under the Clean Air Act; to HEITKAMP): the Committee on Environment and Public S. Res. 32. A resolution congratulating the WYDEN) was added as a cosponsor of S. Works. North Dakota State University football 234, a bill to amend title 10, United By Mr. JOHANNS (for himself, Mr. team for winning the 2012 National Colle- States Code, to permit certain retired BARRASSO, Mr. PAUL, Ms. COLLINS, giate Athletic Association Division I Foot- members of the uniformed services who Mr. GRASSLEY, Mr. COATS, Mr. JOHN- ball Championship Subdivision title; consid- have a service-connected disability to SON of Wisconsin, and Mrs. FISCHER): ered and agreed to. receive both disability compensation S. 320. A bill to amend chapter 8 of title 5, By Mr. MORAN (for himself and Mr. from the Department of Veterans Af- United States Code, to provide for congres- ROBERTS): fairs for their disability and either re- sional review of agency guidance documents; S. Res. 33. A resolution commemorating to the Committee on Homeland Security and the 150th anniversary of Emporia State Uni- tired pay by reason of their years of Governmental Affairs. versity; considered and agreed to. military service or Combat-Related By Mr. WHITEHOUSE (for himself, Ms. By Mr. ROBERTS (for himself and Mr. Special Compensation, and for other BALDWIN, Mr. BLUMENTHAL, Mr. MORAN): purposes.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.031 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S709 S. 264 that resulted in the Strategy for Ac- to be joined this year by Senator COL- At the request of Ms. STABENOW, the tion to Advance Healthy Homes. In- LINS, a strong champion for American name of the Senator from Alaska (Ms. deed, there are many programs frag- families. She cosponsored this bill last MURKOWSKI) was added as a cosponsor mented across multiple agencies that Congress, and I thank her for her lead- of S. 264, a bill to expand access to are responsible for addressing housing- ership as she joins me as an original community mental health centers and related health hazards like lead and cosponsor today. improve the quality of mental health radon, and we should strive to improve Preserving family unity is central to care for all Americans. the efficiency and efficacy of these ef- our immigration policy. President f forts by ensuring that these agencies Obama understands that, which is why continue to work together. I was so pleased to see that he included STATEMENTS ON INTRODUCED The Healthy Housing Council Act, S. UAFA as a core tenet of the immigra- BILLS AND JOINT RESOLUTIONS 291, which Senator JOHANNS, FRANKEN, tion principles he outlined last month. By Mr. REED (for himself, Mr. and BOXER have also cosponsored, Even as American attitudes are JOHANNS, Mrs. BOXER, and Mr. would establish an independent inter- changing about the civil rights of gay FRANKEN): agency Council on Healthy Housing in and lesbian Americans, the so-called S. 290. A bill to reduce housing-re- the executive branch in order to im- Defense of Marriage Act forces many lated health hazards, and for other pur- prove coordination, bring existing ef- Americans to choose between the coun- poses; to the Committee on Banking, forts out of their respective silos, and try they love and being with the people Housing, and Urban Affairs. reduce duplication. they love. This destructive policy tears Mr. REED. Mr. President, today I am The bill calls for the council to con- families apart and forces hardworking introducing two bipartisan bills per- vene periodic meetings with experts in Americans to make the heart-wrench- taining to healthy housing, the the public and private sectors to dis- ing choice no American should have to Healthy Housing Council Act and the cuss ways to educate individuals and make. Families from Maine to Cali- Title X Amendments Act. These bills families on how to recognize housing- fornia experience this hardship. In seek to improve federal coordination of related health hazards and access the Vermont, I have seen firsthand the un- healthy housing efforts and better inte- necessary services and preventive fairness that couples have endured as a grate healthy housing activities into measures to combat these hazards. The result of our current laws and have the ongoing lead poisoning prevention council would also be required to hold spoken at length on their struggles in work at the Department of Housing biannual stakeholder meetings, main- this Chamber. I have heard from a and Urban Development. tain an updated website, and work to number of Vermonters who have had to The presence of housing-related unify healthy housing data collection make the difficult decision to leave health hazards is often overlooked or is and maintenance. their work and homes in Vermont in unable to be addressed, and yet these Our goal for these bills is to help re- order to be able to live with their hazards are sometimes the cause of a duce the more than 5.7 million house- spouses in more welcoming countries; variety of preventable diseases and holds living in conditions with mod- some whole spouses are legally in the conditions like cancer, lead poisoning, erate or severe health hazards, 23 mil- U.S. temporarily but worry daily when and asthma. While I have been working lion additional homes with lead-based they will be required to leave the U.S.; to address these hazards throughout paint hazards, 14,000 unintentional in- and some who suffer the heartbreak of my tenure in Congress, I was pleased jury and fire deaths every year that re- a long-distance marriage when their that the Administration last week re- sult from housing-related hazards, and spouses are denied even a visitor visa leased its Strategy for Action to Ad- 21,000 radon-associated lung cancer to spend some time with their spouses vance Healthy Housing, a multi-depart- deaths every year. Indeed, these num- in the U.S. The Senate Judiciary Com- ment and agency effort to develop con- bers contribute to increasing health mittee heard directly from families sensus-based criteria to address hous- care costs for individuals and families, like these as well. ing hazards that impact the health and as well as for federal, state, and local Over the past decade, Americans habitation of children and families. governments. have begun to reject the notion that This new Strategy for Action calls on Promoting low-cost measures to U.S. citizens who are gay or lesbian Federal agencies to address barriers eliminate subpar housing can make a should not have their committed rela- and disincentives to the delivery of dramatic and meaningful difference in tionships recognized by the law and the services to improve housing conditions, the lives of children and families and protections that provides. As of last particularly among low-income fami- help reduce health care costs. I urge month, the District of Columbia and lies with young children; replicate suc- our colleagues to join in supporting nine states, including Connecticut, cessful local healthy housing programs these bipartisan bills. Iowa, Maine, Maryland, Massachusetts, on a larger scale; and conduct more re- New Hampshire, New York, Wash- search into cost-effective advances in By Mr. LEAHY (for himself, Ms. ington, and my home state of Vermont, healthy housing programming. COLLINS, Mr. SCHUMER, Ms. have legalized same-sex marriage. At The Title X Amendments Act, S. 290, KLOBUCHAR, Mr. BLUMENTHAL, the end of the 111th Congress, bipar- which I am introducing with Senators and Ms. BALDWIN): tisan votes in both the Senate and the JOHANNS, FRANKEN, and BOXER, and has S. 296. A bill to amend the Immigra- House reversed the Military’s ‘‘Don’t been in the drafting stages for many tion and Nationality Act to eliminate Ask, Don’t Tell’’ policy, a 17-year-old months, responds to these calls for ac- discrimination in the immigration stricture that barred gay and lesbian tion. It would provide HUD with the laws by permitting permanent partners service men and women from openly necessary authority to continue to of United States citizens and lawful serving in the military. Consistent carry out healthy housing activities permanent residents to obtain lawful with the repeal of the ‘‘Don’t Ask, while protecting important ongoing permanent resident status in the same Don’t Tell’’ policy, just last week the lead remediation efforts, allow grant- manner as spouses of citizens and law- Pentagon signaled that it will begin ees to improve the conditions in zero- ful permanent residents and to penalize providing benefits to the same-sex bedroom units, and streamline eligi- immigration fraud in connection with spouses of military personnel. As they bility for assistance. These are simple, permanent partnerships; to the Com- have many times in our past and will yet necessary reforms designed to im- mittee on the Judiciary. continue in the future, prevailing prove and expand cost-effective serv- Mr. LEAHY. Mr. President, today I American attitudes are progressing to- ices, and I look forward to working am reintroducing the Uniting Amer- ward fairness and justice. The Supreme with my colleagues to see them en- ican Families Act, UAFA, which grants Court is poised to decide the fate of the acted. same-sex bi-national couples the same Defense of Marriage Act and whether It is also vital that we continue the immigration benefits heterosexual cou- that law, which deprives same-sex cou- type of collaboration and coordination ples have long enjoyed. This is the ples of over 1,000 Federal benefits and among Federal departments and agen- sixth Congress in which I have intro- responsibilities, is consistent with our cies, like HUD, HHS, EPA, and CDC, duced this legislation, and I am proud constitutional values.

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.029 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S710 CONGRESSIONAL RECORD — SENATE February 13, 2013 Many of our friends around the world repeal of a section or other provision, the (1) by ‘‘spouse’’ each place it appears and have embraced immigration equality reference shall be considered to be made to inserting ‘‘spouse or permanent partner’’; for same-sex families. Today at least 25 that section or provision in the Immigration (2) by striking ‘‘spouses’’ and inserting nations, including some of our closest and Nationality Act (8 U.S.C. 1101 et seq.). ‘‘spouse, permanent partner,’’; (c) TABLE OF CONTENTS.—The table of con- (3) by inserting ‘‘(or, in the case of a per- allies, offer immigration benefits to tents for this Act is as follows: manent partnership, whose permanent part- same-sex couples. America should join Sec. 1. Short title; amendments to Immigra- nership was not terminated)’’ after ‘‘was not Argentina, Australia, Belgium, Brazil, tion and Nationality Act; table legally separated from the citizen’’; and Canada, the Czech Republic, Denmark, of contents. (4) by striking ‘‘remarries.’’ and inserting Finland, France, Germany, Greenland, Sec. 2. Definitions of permanent partner and ‘‘remarries or enters a permanent partner- Hungary, Iceland, Israel, Luxembourg, permanent partnership. ship with another person.’’. The Netherlands, New Zealand, Nor- Sec. 3. Worldwide level of immigration. SEC. 4. NUMERICAL LIMITATIONS ON INDI- way, Portugal, Romania, South Africa, Sec. 4. Numerical limitations on individual VIDUAL FOREIGN STATES. (a) PER COUNTRY LEVELS.—Section 202(a)(4) Spain, Sweden, Switzerland, and the foreign states. Sec. 5. Allocation of immigrant visas. (8 U.S.C. 1152(a)(4)) is amended— United Kingdom in leading on this Sec. 6. Procedure for granting immigrant (1) in the paragraph heading, by inserting issue of civil rights and respect for the status. ‘‘, PERMANENT PARTNERS,’’ after ‘‘SPOUSES’’; dignity of all families. I hope that Sen- Sec. 7. Annual admission of refugees and ad- (2) in the heading of subparagraph (A), by ators who supported this important ad- mission of emergency situation inserting ‘‘, PERMANENT PARTNERS,’’ after vancement in our military policy will refugees. ‘‘SPOUSES’’; and join me in calling for similar fairness Sec. 8. Asylum. (3) in the heading of subparagraph (C), by and equality in our immigration laws. Sec. 9. Adjustment of status of refugees. striking ‘‘AND DAUGHTERS’’ inserting ‘‘WITH- Some opponents of the United Amer- Sec. 10. Inadmissible aliens. OUT PERMANENT PARTNERS AND UNMARRIED Sec. 11. Nonimmigrant status for permanent DAUGHTERS WITHOUT PERMANENT PARTNERS’’. ican Families Act have argued that it partners awaiting the avail- (b) RULES FOR CHARGEABILITY.—Section would increase the potential for visa ability of an immigrant visa. 202(b)(2) (8 U.S.C. 1152(b)(2)) is amended— fraud. Of course I share the belief that Sec. 12. Conditional permanent resident sta- (1) by striking ‘‘his spouse’’ and inserting all immigration applications should be tus for certain alien spouses, ‘‘his or her spouse or permanent partner’’; screened for fraud, but I am confident permanent partners, and sons (2) by striking ‘‘such spouse’’ each place it that U.S. Citizenship and Immigration and daughters. appears and inserting ‘‘such spouse or per- Services will have no more difficulty Sec. 13. Conditional permanent resident sta- manent partner’’; and identifying fraud in same-sex relation- tus for certain alien entre- (3) by inserting ‘‘or permanent partners’’ preneurs, spouses, permanent after ‘‘husband and wife’’. ships than they do in heterosexual partners, and children. SEC. 5. ALLOCATION OF IMMIGRANT VISAS. marriages. The penalties for fraud Sec. 14. Deportable aliens. (a) PREFERENCE ALLOCATION FOR FAMILY under this bill would be the same as Sec. 15. Removal proceedings. MEMBERS OF PERMANENT RESIDENT ALIENS.— the penalties for marriage fraud. These Sec. 16. Cancellation of removal; adjustment Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is are very strict penalties: a sentence of of status. amended— up to 5 years in prison, $250,000 in fines Sec. 17. Adjustment of status of non- (1) by striking the paragraph heading and for the U.S. citizen partner, and depor- immigrant to that of person ad- inserting the following: mitted for permanent resi- ‘‘(2) SPOUSES, PERMANENT PARTNERS, UN- tation for the foreign partner. In addi- dence. tion, in order to qualify as a bi-na- MARRIED SONS WITHOUT PERMANENT PART- Sec. 18. Application of criminal penalties to NERS, AND UNMARRIED DAUGHTERS WITHOUT tional couple under UAFA, petitioners for misrepresentation and con- PERMANENT PARTNERS OF PERMANENT RESI- must prove that they are at least 18 cealment of facts regarding per- DENT ALIENS.—’’; years of age and in a committed, life- manent partnerships. (2) in subparagraph (A), by inserting ‘‘, per- long relationship with another adult. Sec. 19. Requirements as to residence, good manent partners,’’ after ‘‘spouses’’; and The advancement of American ideals moral character, attachment to (3) in subparagraph (B), by striking ‘‘or un- that respect human relationships and the principles of the Constitu- married daughters’’ and inserting ‘‘without tion. permanent partners or the unmarried daugh- family bonds need not and should not Sec. 20. Naturalization for permanent part- be impeded by such fears. ters without permanent partners’’. ners of citizens. (b) PREFERENCE ALLOCATION FOR SONS AND Among developed countries with cul- Sec. 21. Application of family unity provi- DAUGHTERS OF CITIZENS.—Section 203(a)(3) (8 tures of respect for human rights and sions to permanent partners of U.S.C. 1153(a)(3)) is amended— fairness, the United States policy in certain LIFE Act beneficiaries. (1) by striking the paragraph heading and this regard is not living up to our great Sec. 22. Application to Cuban Adjustment inserting the following: traditions of equal treatment under the Act. ‘‘(2) MARRIED SONS AND DAUGHTERS OF CITI- law. We can and should do better. I SEC. 2. DEFINITIONS OF PERMANENT PARTNER ZENS AND SONS AND DAUGHTERS WITH PERMA- hope all Senators will agree that the AND PERMANENT PARTNERSHIP. NENT PARTNERS OF CITIZENS.—’’; and Section 101(a) (8 U.S.C. 1101(a)) is amend- United States should not have a policy (2) by inserting ‘‘, or sons or daughters ed— with permanent partners,’’ after ‘‘daugh- that forces Americans to choose be- (1) in paragraph (15)(K)(ii), by inserting ‘‘or ters’’. tween their country and the ones they permanent partnership’’ after ‘‘marriage’’; (c) EMPLOYMENT CREATION.—Section love, and I urge members of this body and 203(b)(5)(A)(ii) (8 U.S.C. 1153(b)(5)(A)(ii)) is to join Senator COLLINS and me in this (2) by adding at the end the following: amended by inserting ‘‘permanent partner,’’ effort. ‘‘(52) The term ‘permanent partner’ means after ‘‘spouse,’’. Mr. President, I ask unanimous con- an individual 18 years of age or older who— (d) TREATMENT OF FAMILY MEMBERS.—Sec- sent that the text of the bill be printed ‘‘(A) is in a committed, intimate relation- tion 203(d) (8 U.S.C. 1153(d)) is amended— ship with another individual 18 years of age (1) by inserting ‘‘or permanent partner’’ in the RECORD. or older in which both individuals intend a There being no objection, the text of after ‘‘section 101(b)(1)’’; and lifelong commitment; (2) by inserting ‘‘, permanent partner,’’ the bill was ordered to be printed in ‘‘(B) is financially interdependent with after ‘‘the spouse’’. the RECORD, as follows: that other individual; SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT S. 296 ‘‘(C) is not married to, or in a permanent STATUS. Be it enacted by the Senate and House of Rep- partnership with, any individual other than (a) CLASSIFICATION PETITIONS.—Section resentatives of the United States of America in that other individual; 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended— Congress assembled, ‘‘(D) is unable to contract with that other (1) in subparagraph (A)— individual a marriage cognizable under this SECTION 1. SHORT TITLE; AMENDMENTS TO IM- (A) in clause (ii), by inserting ‘‘or perma- MIGRATION AND NATIONALITY ACT; Act; and nent partner’’ after ‘‘spouse’’; TABLE OF CONTENTS. ‘‘(E) is not a first, second, or third degree (B) in clause (iii)— (a) SHORT TITLE.—This Act may be cited as blood relation of that other individual. (i) by inserting ‘‘or permanent partner’’ the ‘‘Uniting American Families Act of ‘‘(53) The term ‘permanent partnership’ after ‘‘spouse’’ each place it appears; and 2013’’. means the relationship that exists between 2 (ii) in subclause (I), by inserting ‘‘or per- (b) AMENDMENTS TO IMMIGRATION AND NA- permanent partners.’’. manent partnership’’ after ‘‘marriage’’ each TIONALITY ACT.—Except as otherwise specifi- SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION. place it appears; cally provided in this Act, if an amendment Section 201(b)(2)(A)(i) (8 U.S.C. (C) in clause (v)(I), by inserting ‘‘perma- or repeal is expressed as the amendment or 1151(b)(2)(A)(i)) is amended— nent partner,’’ after ‘‘is the spouse,’’; and

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.035 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S711 (D) in clause (vi)— SEC. 12. CONDITIONAL PERMANENT RESIDENT (4) in paragraph (4)— (i) by inserting ‘‘or termination of the per- STATUS FOR CERTAIN ALIEN (A) by inserting ‘‘or permanent partner’’ manent partnership’’ after ‘‘divorce’’; and SPOUSES, PERMANENT PARTNERS, after ‘‘spouse’’ each place it appears; and AND SONS AND DAUGHTERS. (ii) by inserting ‘‘, permanent partner,’’ (B) by inserting ‘‘or permanent partner- (a) SECTION HEADING.— after ‘‘spouse’’; and ship’’ after ‘‘marriage’’. (1) IN GENERAL.—The heading for section (2) in subparagraph (B)— 216 (8 U.S.C. 1186a) is amended by striking SEC. 13. CONDITIONAL PERMANENT RESIDENT (A) by inserting ‘‘or permanent partner’’ STATUS FOR CERTAIN ALIEN ENTRE- ‘‘AND SONS’’ and inserting ‘‘, PERMANENT after ‘‘spouse’’ each place it appears; and PRENEURS, SPOUSES, PERMANENT PARTNERS, SONS,’’. (B) in clause (ii)— PARTNERS, AND CHILDREN. (2) CLERICAL AMENDMENT.—The table of (i) in subclause (I)(aa), by inserting ‘‘or (a) IN GENERAL.—Section 216A (8 U.S.C. contents is amended by amending the item 1186b) is amended— permanent partnership’’ after ‘‘marriage’’; relating to section 216 to read as follows: (ii) in subclause (I)(bb), by inserting ‘‘or (1) in the section heading, by inserting ‘‘, ‘‘Sec. 216. Conditional permanent resident permanent partnership’’ after ‘‘marriage’’ PERMANENT PARTNERS,’’ after ‘‘SPOUSES’’; and status for certain alien spouses, the first place it appears; and (2) in paragraphs (1), (2)(A), (2)(B), and permanent partners, sons, and (iii) in subclause (II)(aa), by inserting ‘‘(or (2)(C), by inserting ‘‘or permanent partner’’ daughters.’’. the termination of the permanent partner- after ‘‘spouse’’ each place it appears. (b) IN GENERAL.—Section 216(a) (8 U.S.C. (b) TERMINATION OF STATUS IF FINDING ship)’’ after ‘‘termination of the marriage’’. 1186a(a)) is amended— (b) IMMIGRATION FRAUD PREVENTION.—Sec- THAT QUALIFYING ENTREPRENEURSHIP IM- (1) in paragraph (1), by inserting ‘‘or per- tion 204(c) (8 U.S.C. 1154(c)) is amended— PROPER.—Section 216A(b)(1) (8 U.S.C. manent partner’’ after ‘‘spouse’’; and (1) by inserting ‘‘or permanent partner’’ 1186b(b)(1)) is amended by inserting ‘‘or per- (2) in paragraph (2)— after ‘‘spouse’’ each place it appears; and manent partner’’ after ‘‘spouse’’ in the mat- (A) in subparagraph (A), by inserting ‘‘or (2) by inserting ‘‘or permanent partner- ter following subparagraph (C). permanent partner’’ after ‘‘spouse’’; ship’’ after ‘‘marriage’’ each place it appears. (c) REQUIREMENTS OF TIMELY PETITION AND (B) in subparagraph (B), by inserting ‘‘per- INTERVIEW FOR REMOVAL OF CONDITION.—Sec- SEC. 7. ANNUAL ADMISSION OF REFUGEES AND manent partner,’’ after ‘‘spouse,’’; and ADMISSION OF EMERGENCY SITUA- tion 216A(c) (8 U.S.C. 1186b(c)) is amended, in (C) in subparagraph (C), by inserting ‘‘per- TION REFUGEES. paragraphs (1), (2)(A)(ii), and (3)(C), by in- Section 207(c) (8 U.S.C. 1157(c)) is amend- manent partner,’’ after ‘‘spouse,’’. serting ‘‘or permanent partner’’ after (c) TERMINATION OF STATUS IF FINDING ed— ‘‘spouse’’. THAT QUALIFYING MARRIAGE IMPROPER.—Sec- (1) in paragraph (2)— (d) DEFINITIONS.—Section 216A(f)(2) (8 tion 216(b) (8 U.S.C. 1186a(b)) is amended— (A) by inserting ‘‘, permanent partner,’’ U.S.C. 1186b(f)(2)) is amended by inserting (1) in the subsection heading, by inserting after ‘‘spouse’’ each place it appears; and ‘‘or permanent partner’’ after ‘‘spouse’’ each ‘‘OR PERMANENT PARTNERSHIP’’ after ‘‘MAR- (B) by inserting ‘‘, permanent partner’s,’’ place it appears. RIAGE’’; and (e) CLERICAL AMENDMENT.—The table of after ‘‘spouse’s’’; and (2) in paragraph (1)(A)— contents is amended by amending the item (2) in paragraph (4), by inserting ‘‘, perma- (A) by inserting ‘‘or permanent partner- relating to section 216A to read as follows: nent partner,’’ after ‘‘spouse’’. ship’’ after ‘‘marriage’’; and SEC. 8. ASYLUM. (B) in clause (ii)— ‘‘Sec. 216A. Conditional permanent resident Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is (i) by inserting ‘‘or has ceased to satisfy status for certain alien entre- amended— the criteria for being considered a perma- preneurs, spouses, permanent (1) in the paragraph heading, by inserting nent partnership under this Act,’’ after ‘‘ter- partners, and children.’’. ‘‘, PERMANENT PARTNER,’’ after ‘‘SPOUSE’’; and minated,’’; and SEC. 14. DEPORTABLE ALIENS. (2) in subparagraph (A), by inserting ‘‘, per- (ii) by inserting ‘‘or permanent partner’’ Section 237(a)(1) (8 U.S.C. 1227(a)(1)) is manent partner,’’ after ‘‘spouse’’. after ‘‘spouse’’. amended— SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES. (d) REQUIREMENTS OF TIMELY PETITION AND (1) in subparagraph (D)(i), by inserting ‘‘or Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is INTERVIEW FOR REMOVAL OF CONDITION.—Sec- permanent partners’’ after ‘‘spouses’’ each amended by inserting ‘‘, permanent part- tion 216(c) (8 U.S.C. 1186a(c)) is amended— place it appears; ner,’’ after ‘‘spouse’’. (1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (2) in subparagraphs (E)(ii), (E)(iii), and SEC. 10. INADMISSIBLE ALIENS. (3)(C), (4)(B), and (4)(C), by inserting ‘‘or per- (H)(i)(I), by inserting ‘‘or permanent part- (a) CLASSES OF ALIENS INELIGIBLE FOR manent partner’’ after ‘‘spouse’’ each place ner’’ after ‘‘spouse’’; VISAS OR ADMISSION.—Section 212(a) (8 U.S.C. it appears; and (3) by inserting after subparagraph (E) the 1182(a)) is amended— (2) in paragraph (3)(A), (3)(D), (4)(B), and following: (1) in paragraph (3)(D)(iv), by inserting (4)(C), by inserting ‘‘or permanent partner- ‘‘(F) PERMANENT PARTNERSHIP FRAUD.—An ‘‘permanent partner,’’ after ‘‘spouse,’’; ship’’ after ‘‘marriage’’ each place it appears. alien shall be considered to be deportable as (2) in paragraph (4)(C)(i)(I), by inserting ‘‘, (e) CONTENTS OF PETITION.—Section having procured a visa or other documenta- permanent partner,’’ after ‘‘spouse’’; 216(d)(1) (8 U.S.C. 1186a(d)(1)) is amended— tion by fraud (within the meaning of section (3) in paragraph (6)(E)(ii), by inserting (1) in subparagraph (A)— 212(a)(6)(C)(i)) and to be in the United States (A) in the heading, by inserting ‘‘OR PER- ‘‘permanent partner,’’ after ‘‘spouse,’’; and in violation of this Act (within the meaning MANENT PARTNERSHIP’’ after ‘‘MARRIAGE’’; (4) in paragraph (9)(B)(v), by inserting ‘‘, of subparagraph (B)) if— (B) in clause (i)— permanent partner,’’ after ‘‘spouse’’. ‘‘(i) the alien obtains any admission to the (i) by inserting ‘‘or permanent partner- (b) WAIVERS.—Section 212(d) (8 U.S.C. United States with an immigrant visa or ship’’ after ‘‘marriage’’; 1182(d)) is amended— other documentation procured on the basis (ii) in subclause (I), by inserting before the (1) in paragraph (11), by inserting ‘‘perma- of a permanent partnership entered into less comma at the end ‘‘, or is a permanent part- nent partner,’’ after ‘‘spouse,’’; and than 2 years before such admission and nership recognized under this Act’’; and (2) in paragraph (12), by inserting ‘‘, perma- which, within 2 years subsequent to such ad- (iii) in subclause (II)— nent partner,’’ after ‘‘spouse’’. mission, is terminated because the criteria (I) by inserting ‘‘or has not ceased to sat- (c) WAIVERS OF INADMISSIBILITY ON HEALTH- for permanent partnership are no longer ful- RELATED GROUNDS.—Section 212(g)(1)(A) (8 isfy the criteria for being considered a per- manent partnership under this Act,’’ after filled, unless the alien establishes to the sat- U.S.C. 1182(g)(1)(A)) is amended by inserting isfaction of the Secretary of Homeland Secu- ‘‘, permanent partner,’’ after ‘‘spouse’’. ‘‘terminated,’’; and (II) by inserting ‘‘or permanent partner’’ rity that such permanent partnership was (d) WAIVERS OF INADMISSIBILITY ON CRIMI- not contracted for the purpose of evading NAL AND RELATED GROUNDS.—Section after ‘‘spouse’’; and (C) in clause (ii), by inserting ‘‘or perma- any provision of the immigration laws; or 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is amended ‘‘(ii) it appears to the satisfaction of the by inserting ‘‘permanent partner,’’ after nent partner’’ after ‘‘spouse’’; and (2) in subparagraph (B)(i)— Secretary of Homeland Security that the ‘‘spouse,’’. alien has failed or refused to fulfill the (e) WAIVER OF INADMISSIBILITY FOR MIS- (A) by inserting ‘‘or permanent partner- alien’s permanent partnership, which the REPRESENTATION.—Section 212(i)(1) (8 U.S.C. ship’’ after ‘‘marriage’’; and Secretary of Homeland Security determines 1182(i)(1)) is amended by inserting ‘‘perma- (B) by inserting ‘‘or permanent partner’’ was made for the purpose of procuring the nent partner,’’ after ‘‘spouse,’’. after ‘‘spouse’’. (f) DEFINITIONS.—Section 216(g) (8 U.S.C. alien’s admission as an immigrant.’’; and SEC. 11. NONIMMIGRANT STATUS FOR PERMA- (4) in paragraphs (2)(E)(i) and (3)(C)(ii), by NENT PARTNERS AWAITING THE 1186a(g)) is amended— AVAILABILITY OF AN IMMIGRANT (1) in paragraph (1)— inserting ‘‘or permanent partner’’ after VISA. (A) by inserting ‘‘or permanent partner’’ ‘‘spouse’’ each place it appears. Section 214(r) (8 U.S.C. 1184(r)) is amend- after ‘‘spouse’’ each place it appears; and SEC. 15. REMOVAL PROCEEDINGS. ed— (B) by inserting ‘‘or permanent partner- Section 240 (8 U.S.C. 1229a) is amended— (1) in paragraph (1), by inserting ‘‘or per- ship’’ after ‘‘marriage’’ each place it appears; (1) in the heading of subsection manent partner’’ after ‘‘spouse’’; and (2) in paragraph (2), by inserting ‘‘or per- (c)(7)(C)(iv), by inserting ‘‘PERMANENT PART- (2) in paragraph (2), by inserting ‘‘or per- manent partnership’’ after ‘‘marriage’’; NERS,’’ after ‘‘SPOUSES,’’; and manent partnership’’ after ‘‘marriage’’ each (3) in paragraph (3), by inserting ‘‘or per- (2) in subsection (e)(1), by inserting ‘‘per- place it appears. manent partnership’’ after ‘‘marriage’’; and manent partner,’’ after ‘‘spouse,’’.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.036 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S712 CONGRESSIONAL RECORD — SENATE February 13, 2013 SEC. 16. CANCELLATION OF REMOVAL; ADJUST- (4) in subsection (e)(1)— This area in Southeastern Louisiana MENT OF STATUS. (A) by inserting ‘‘or permanent partner’’ has contributed much to our Nation’s Section 240A(b) (8 U.S.C. 1229b(b)) is after ‘‘spouse’’; amended— history, and there are many stories (B) by inserting ‘‘by the Secretary of De- that have yet to be preserved for future (1) in paragraph (1)(D), by inserting ‘‘or fense’’ after ‘‘is authorized’’; and permanent partner’’ after ‘‘spouse’’; and (C) by inserting ‘‘or permanent partner- generations. Unless Congress acts to (2) in paragraph (2)— ship’’ after ‘‘marital union’’; and preserve these historical assets, they (A) in the paragraph heading, by inserting (5) in subsection (e)(2), by inserting ‘‘or will be lost forever. That is why I am ‘‘, PERMANENT PARTNER,’’ after ‘‘SPOUSE’’; and permanent partner’’ after ‘‘spouse’’. again for the fourth time, introducing (B) in subparagraph (A), by inserting ‘‘, (b) SAVINGS PROVISION.—Section 319(e) (8 this legislation. It is important that permanent partner,’’ after ‘‘spouse’’ each U.S.C. 1430(e)) is amended by adding at the this legislation become law and I look place it appears. end the following: forward to working with my colleagues SEC. 17. ADJUSTMENT OF STATUS OF NON- ‘‘(3) Nothing in this subsection may be con- IMMIGRANT TO THAT OF PERSON strued to confer a right for an alien to ac- to enact it. ADMITTED FOR PERMANENT RESI- company a member of the Armed Forces of In order to be designated as a unit in DENCE. the United States or to reside abroad with the National Park System, the Depart- (a) PROHIBITION ON ADJUSTMENT OF STA- such member, except as authorized by the ment of the Interior must first conduct TUS.—Section 245(d) (8 U.S.C. 1255(d)) is Secretary of Defense in the member’s official a special resources study to determine amended by inserting ‘‘or permanent part- orders.’’. nership’’ after ‘‘marriage’’. whether an area possesses nationally SEC. 21. APPLICATION OF FAMILY UNITY PROVI- (b) AVOIDING IMMIGRATION FRAUD.—Section significant natural, cultural or rec- SIONS TO PERMANENT PARTNERS 245(e) (8 U.S.C. 1255(e)) is amended— OF CERTAIN LIFE ACT BENE- reational resources to be eligible for fa- (1) in paragraph (1), by inserting ‘‘or per- FICIARIES. vorable consideration. manent partnership’’ after ‘‘marriage’’; and Section 1504 of the LIFE Act Amendments This is exactly what my bill does—it (2) by adding at the end the following: of 2000 (division B of Public Law 106–554; 114 asks the Department of the Interior to ‘‘(4)(A) Paragraph (1) and section 204(g) Stat. 2763–325) is amended— take the first step in determining what shall not apply with respect to a permanent (1) in the heading, by inserting ‘‘, PERMA- partnership if the alien establishes by clear I already know—that the Lower Mis- NENT PARTNERS,’’ after ‘‘SPOUSES’’; sissippi River Area would be a suitable and convincing evidence to the satisfaction (2) in subsection (a), by inserting ‘‘, perma- of the Secretary of Homeland Security nent partner,’’ after ‘‘spouse’’; and and feasible asset to the National Park that— (3) in each of subsections (b) and (c)— Service. ‘‘(i) the permanent partnership was entered (A) in each of the subsection headings, by As many from Louisiana are already into in good faith and in accordance with inserting ‘‘, PERMANENT PARTNERS,’’ after aware, this area has vast historical sig- section 101(a)(52); ‘‘SPOUSES’’; and nificance with cultural history. In the ‘‘(ii) the permanent partnership was not (B) by inserting ‘‘, permanent partner,’’ 1500s, Spanish explorers traveled along entered into for the purpose of procuring the after ‘‘spouse’’ each place it appears. the banks of the river. In 1682, Robert alien’s admission as an immigrant; and SEC. 22. APPLICATION TO CUBAN ADJUSTMENT ‘‘(iii) no fee or other consideration was de LaSalle claimed all the land drained ACT. by the area. In 1699, the site of the first given (other than a fee or other consider- (a) IN GENERAL.—The first section of Pub- ation to an attorney for assistance in prepa- lic Law 89–732 (8 U.S.C. 1255 note) is amend- fortification on the Lower Mississippi ration of a lawful petition) for the filing of a ed— river, known as Fort Mississippi. Since petition under section 204(a) or 214(d) with (1) in the next to last sentence, by insert- then, it has been home to ten different respect to the alien permanent partner. ing ‘‘, permanent partner,’’ after ‘‘spouse’’ fortifications, including Fort St. Phil- ‘‘(B) The Secretary shall promulgate regu- the first 2 places it appears; and lip and Fort Jackson. lations that provide for only 1 level of ad- (2) in the last sentence, by inserting ‘‘, per- Fort St. Philip, which was originally ministrative appellate review for each alien manent partners,’’ after ‘‘spouses’’. under subparagraph (A).’’. built in 1749, played a key role during (b) CONFORMING AMENDMENT.—Section the Battle of New Orleans when Amer- (c) ADJUSTMENT OF STATUS FOR CERTAIN 101(a)(51)(D) (8 U.S.C. 1101(a)(51)(D)) is ALIENS PAYING FEE.—Section 245(i)(1)(B) (8 amended by striking ‘‘or spouse’’ and insert- ican soldiers blocked the British Navy U.S.C. 1255(i)(1)(B)) is amended by inserting ing ‘‘, spouse, or permanent partner’’. from going upriver. Fort Jackson was ‘‘, permanent partner,’’ after ‘‘spouse’’. built at the request of General Andrew SEC. 18. APPLICATION OF CRIMINAL PENALTIES By Ms. LANDRIEU: Jackson and partially constructed by TO FOR MISREPRESENTATION AND S. 311. A bill to direct the Secretary CONCEALMENT OF FACTS REGARD- famous local Civil War General, P.G.T. ING PERMANENT PARTNERSHIPS. of the Interior to study the suitability Beauregard. This fort was the site of Section 275(c) (8 U.S.C. 1325(c)) is amended and feasibility of designating sites in the famous Civil War battle known as to read as follows: the Lower Mississippi River Area in the ‘‘Battle of Forts’’ which is also re- ‘‘(c) Any individual who knowingly enters the State of Louisiana as a unit of the ferred to as the ‘‘night the war was into a marriage or permanent partnership National Park System, and for other lost.’’ As you can see, from a historical for the purpose of evading any provision of the immigration laws shall be imprisoned for purposes; to the Committee on Energy perspective, this area has many treas- not more than 5 years, fined not more than and Natural Resources. ures that provide a glimpse into our $250,000, or both.’’. Ms. LANDRIEU. Mr. President, I rise past. These are treasures that have na- SEC. 19. REQUIREMENTS AS TO RESIDENCE, today to introduce legislation entitled tional significance and they should be GOOD MORAL CHARACTER, ATTACH- the Lower Mississippi River National maintained and preserved. MENT TO THE PRINCIPLES OF THE Historic Site Study Act. This bill will In addition, there are many other im- CONSTITUTION. Section 316(b) (8 U.S.C. 1427(b)) is amended direct the Secretary of the Interior to portant and unique attributes to this by inserting ‘‘, permanent partner,’’ after study the suitability and feasibility of area. This area is home to the longest ‘‘spouse’’. designating sites in Plaquemines Par- continuous river road and levee system SEC. 20. NATURALIZATION FOR PERMANENT ish along the Lower Mississippi River in the U.S. It is also home to the an- PARTNERS OF CITIZENS. Area as units of the National Park Sys- cient Head of Passes site, to the (a) IN GENERAL.—Section 319 (8 U.S.C. 1430) tem. I know there are several of my Plaquemines Bend, and to two National is amended— colleagues across the aisle that do not Wildlife Refuges. (1) in subsection (a)— want to authorize such studies because Finally, this area has a rich cultural (A) by inserting ‘‘or permanent partner’’ after ‘‘spouse’’ each place it appears; and they only target one area, or because it heritage. Over the years, many dif- (B) by inserting ‘‘or permanent partner- potentially will cost the Federal Gov- ferent cultures have made this area ship’’ after ‘‘marital union’’; ernment a modest amount to conduct home, including Creoles, Europeans, (2) in subsection (b)— such a study. I can appreciate those Indians, Yugoslavs, African-Americans (A) in paragraph (1), by inserting ‘‘or per- sentiments, but the good news with and Vietnamese. These cultures have manent partner’’ after ‘‘spouse’’; and this particular study, is that the local worked together to create the infra- (B) in paragraph (3), by inserting ‘‘or per- government feels this is so important structure for the transport of our Na- manent partner’’ after ‘‘spouse’’; to get done, they are willing to pay for tion’s energy, which is being produced (3) in subsection (d)— (A) by inserting ‘‘or permanent partner’’ all or some of the study if necessary, by these same people off our shores in after ‘‘spouse’’ each place it appears; and because they know these sites deserve the Gulf of Mexico. They have also cre- (B) by inserting ‘‘or permanent partner- Federal recognition as a unit of the Na- ated a vibrant fishing industry that ship’’ after ‘‘marital union’’; tional Park Service. contributes to Louisiana’s economy.

VerDate Mar 15 2010 05:29 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.036 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S713 I think it is easy to see why this area the Congressional Review Act. As cur- abundantly clear—and is instead treat- would make an excellent addition to rently written, the CRA covers only ing State agencies as second-class citi- the National Park Service. However, substantial agency rules. Meanwhile, zens. For evidence of this, we need look the longer Congress takes to act, the EPA has made use of what they call no farther than the text of a recent greater the opportunity for these treas- guidance documents to simply cir- court opinion. ures and their rich history to erode cumvent the accountability that comes In a case last year involving the away. Unfortunately, this area has with the rulemaking process, while Clean Air Act, the DC Circuit Court of weathered the passing of several hurri- still making major policy changes. Appeals ultimately struck down an canes, including Katrina and most re- Using guidance documents also shields EPA rule known as the Cross-State Air cently Isaac, and is now suffering from the policy change from being reversed Pollution Rule or the transport rule. the impacts of the BP oil spill. All of by Congress under the Congressional Here is what the court said: these events threaten to destroy these Review Act. (t)he Federal Government sets air quality historical assets, but this need not be Perhaps, though, the most obvious standards for pollutants. The States have the case. These assets need protection example was the use of a guidance doc- the primary responsibility for determining and this is the first step in securing it. ument to expand the regulatory reach how to meet those standards and regulating sources within their borders. That is why I am re-introducing this of EPA and the Corps of Engineers over bill—to conduct a study to determine bodies of water not currently covered. Well, the trouble, according to the the suitability and feasibility of in- They did this by expanding the defini- opinion, is that the EPA ignored the cluding this area in the system and ul- tion of ‘‘waters of the United States’’ law. That is truly what the court ruled: timately to begin the process of adding under the Clean Water Act. The EPA snubbed their nose at us, Con- this area as a unit of the National Park changes are extremely controversial, gress, and therefore the law. It did not Service. I look forward to working with so the agencies chose a path that in- give the States the time needed to de- my colleagues to quickly enact this tentionally minimized oversight and velop a plan to meet the standards. In- bill. legal responsibility. In other words, stead, EPA tried to force-feed States they did an end-run around us—they the implementation plan EPA devel- By Mr. JOHANNS (for himself did an end-run around the American oped. and Mrs. FISCHER): people and Congress. I can say with some certainty that S. 317. A bill to require the Inspector My bill closes this loophole by ensur- my home State of Nebraska is much General of the Environmental Protec- ing that guidance documents are cov- better off when allowed to develop a tion Agency to include certain assess- ered by the Congressional Review Act plan tailored to our State, rather than ments in reports; to the Committee on just as similar regulations would be. to accept a ‘‘one size fits all,’’ ‘‘my way Environment and Public Works. Senators Barrasso, Grassley, Paul, or the highway,’’ overreaching Federal Mr. JOHANNS. Mr. President, I rise Coats, and Fischer have agreed to co- plan. today to discuss changes needed at the sponsor this commonsense change, and The court explained it this way: Environmental Protection Agency to I want to say thank you to them for . . . (t)he Clean Air Act affords States the rebuild public trust and transparency. this critical support. initial opportunity to implement reductions The reviews of this agency are al- The idea behind this is simple and required by EPA under the good neighbor provision. But here, where EPA quantified most unanimous from my constituents straightforward: Major policy changes pursued through the use of guidance States’ good neighbor obligations, it did not in Nebraska. Quite frankly, my con- allow the States the initial opportunity to stituents are frustrated, and some- documents need to come here. They need to have our scrutiny, the scrutiny implement the required reductions with re- times just plain angry. While the de- spect to sources within their borders. of the public, and the congressional tails and specific issues will vary from The court’s conclusion in turn was oversight rules need to apply. It is that one industry to another, the theme absolutely and abundantly clear: seems to always be the same: Nebras- straightforward. My second proposal likewise pro- . . . EPA’s Transport Rule violates federal kans think EPA doesn’t understand do- motes transparency by addressing how law. Therefore, the rule must be vacated. mestic businesses, nor do they under- the agency responds to our States. It That is the holding of the court. stand job creation—from specific in- says simply this: If a State is devel- My bill targets the relationship be- dustries, to their employees, to their oping its plan to implement a rule or a tween EPA and the States, and takes customers. They think the agency is standard established by the EPA under steps to restore the equal footing that not transparent, is arrogant, and often- the Clean Air Act, any reasonable re- has been eroded over the past several times unresponsive. I hear this from ag quest that a State makes to the agency years by the EPA. My bill says, very producers, I hear it from the construc- for technical support, data, or mod- simply, if a State has a question about tion industry, I hear it from electricity eling must be honored. the data or the modeling driving a providers, I hear it from city managers Here is why this is important: State standard, the EPA cannot shut them and mayors. governments are equal partners in out or slow-walk their request. They Do you know what else. These folks much of the work the EPA does. That have to be responsive. So no more hid- don’t speak with an R or a D beside is the law. In fact, the law specifically ing the ball, as the saying goes, just their name but, rather, an A for Amer- recognizes the prominent role States simple transparency and a true partner ican. Their message is loud, it is very have. Section 101 of the Clean Air Act, working relationship. clear, and it is unmistakable: EPA is for example, notes that: The third good government bill I am overreaching, overbearing, and over- . . . air pollution control at its source is introducing addresses broad frustration stepping boundaries that have long ex- the primary responsibility of States and with what I would call the EPA bomb- isted. The request is always the same. local governments. shells. By that I mean the agency’s They ask: Senator, what can you do? The law further declares that its pur- failure to obey current law directing What can you do to change how they pose is, in part: them to publish regulatory agendas. act? . . . to provide technical and financial as- This is remarkable. It is remarkable Nebraskans’ frustration is driven by sistance to State and local governments in that EPA continues to struggle with both what EPA is trying to do—mean- connection with the development and execu- telling the public what rules are com- ing the content of their rules and tion of their air pollution prevention and ing. But they do. standards—as well as how the agency is control programs. As a child, I always enjoyed birthday making its decisions. So today I will be Also, section 101 of the Federal Water parties and all the surprises. But EPA introducing several proposals to ad- Pollution Control Act declares: regulations are no party for people, and dress these two areas. It is the policy of the Congress to recog- they shouldn’t come as a surprise. My first proposal addresses how EPA nize, preserve, and protect the primary re- Well, it turns out that several execu- conducts business by increasing trans- sponsibilities and rights of States to prevent, tive orders and existing statutes in- parency in policy decisions. I am intro- reduce, and eliminate pollution . . . struct EPA to tell the public what ex- ducing a bill that brings agency guid- Unfortunately, the EPA is not hon- actly is on its regulatory agenda. Sec- ance documents under the coverage of oring that language—although it is tion 602 of the Regulatory Flexibility

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Act, for example, requires the agencies S. 323. A bill to amend title XVIII of alysis—more than $75,000 a year for 21⁄2 to publish: the Social Security Act to provide for years. Medicare also paid for Derek’s During the months of October and April of extended months of Medicare coverage kidney transplant at a cost of about each year . . . a regulatory flexibility agenda of immunosuppressive drugs for kidney $110,000. which shall contain a brief description of the transplant patients and other renal di- For the last two and a half years, subject area of any rule which the agency ex- alysis provisions; to the Committee on Medicare has covered the expensive im- pects to propose . . . Finance. munosuppressive medication Derek Also, Executive Order 12866 requires Mr. DURBIN. Mr. President, today I must take for the rest of his life to en- the EPA to update its regulatory agen- am introducing the Comprehensive Im- sure that his body doesn’t reject his da twice a year. munosuppressive Drug Coverage for new kidney. These updates are supposed to be Kidney Transplant Patients Act with Here’s the problem: Derek’s Medicare published in a document known as the my colleague Senator THAD COCHRAN. coverage runs out in July. Unified Agenda. It seems clear to me; More than 26 million American Without Medicare coverage, Derek unfortunately, not clear to EPA. EPA adults are living with chronic kidney will be burdened with prescription drug has ignored these requirements. It costs of roughly $1500 per month—more failed to publish an agenda in the disease. Fortunately, many of these in- spring of 2012, it published nothing in dividuals are able to improve their con- than he and almost any family could October, and then waited until Decem- dition through medication and lifestyle afford. ber 2012 to publish anything at all. change. There is an unfair and unrealistic gap That is not acceptable. The adminis- But more than half of a million in coverage for people with end stage tration simply played hide-the-ball Americans live with irreversible kid- renal disease who, like Derek, are nei- until after the election. ney failure or end-stage renal disease. ther elderly nor disabled. My bill instructs the EPA Office of They have only two choices to sur- For those transplant recipients, Inspector General—known as EPA’s vive—both of them hard. They can re- Medicare coverage, including coverage OIG—to assess whether EPA obeys the ceive regular and frequent dialysis or of immunosuppressive drugs, ends 36 law and publishes its regulatory agen- they can receive a kidney transplant. months after transplantation. da according to deadlines. The OIG is In 1972, Congress made a commit- If only the need to continue the im- tasked with reviewing what EPA does ment to individuals with end-stage munosuppressive drugs also ended 36 and reporting on problems, abuses, and renal disease, or ERSD, to cover the months after transplantation. But it efficiencies. My legislation simply di- treatment they needed, including pos- doesn’t. rects the OIG to include in its reports sible transplants, under Medicare, re- Without immunosuppressive drugs to a tally of whether EPA has met its gardless of their age. prevent rejection, many patients find legal requirements to publish planned Organ transplantation is a medical themselves back in a risky and fright- regulations. success story. Thousands of kidney ening place—in need of a new kidney. My point here is that EPA simply transplants are done every year, and A recent New England Journal of needs to meet its legal requirements. It for the patients fortunate enough to re- Medicine report estimates that extend- needs to be transparent, which means ceive a donated organ, the quality and ing immunosuppressive drug coverage simply to be honest with the American length of their lives can be dramati- to people who now lose it after 36 people about new regulations it is plan- cally improved. months will save Medicare approxi- ning. But not everyone who needs a do- mately $200 million a year by helping My fourth and final EPA bill puts nated kidney receives one. There are to prevent kidney rejections. some teeth behind my request that the currently more than 100,000 Americans Extending immunosuppressive drug agency deal with the American people on the waiting list for a kidney trans- coverage saves lives and it saves in an honest way. It shouldn’t be need- plant. money. ed, but it is. It simply says we will re- Last year, 15,000 transplants were Sadly, Derek isn’t alone. It is esti- duce EPA’s budget if the agency fails performed while more than 30,000 peo- mated that over 45,000 successful trans- to meet its legal deadlines for regu- ple were added to that waitlist. plant recipients are at risk of losing latory agenda setting. If a deadline Derek Haney is one of the lucky ones their immunosuppressive drug cov- passes and the agency has not pub- who beat those odds and received a kid- erage. lished its agenda, then the Office of the ney transplant. This makes no sense morally, medi- Administrator loses $20,000 per week Derek is a brave young man raised in cally or economically. until the deadline is met. If this ap- Effingham, IL, a small city in central I am pleased to join my Republican proach sounds familiar, that is because Illinois. colleague, Senator COCHRAN, in intro- this bill is modeled after a provision in In 2008 the unexpected happened. ducing the Comprehensive Immuno- the highway bill that passed with sub- Derek became chronically ill. After suppressive Drug Coverage for Kidney stantial bipartisan margins in both the regular trips to the hospital, Derek’s Transplant Patients Act. Senate and the House last year. Sec- doctors discovered that his kidneys This bipartisan legislation would tion 1306 of the highway bill authorizes were only functioning at 10 percent. At allow kidney transplant recipients to the rescission of $20,000 per week from the age of 23, Derek was diagnosed with continue Medicare coverage for the agencies that fail to complete docu- end stage renal disease. purpose of immunosuppressive drugs ments required by transportation For the next two and a half years of only. All other Medicare coverage projects. The rationale is straight- his life, Derek underwent dialysis. would end 36 months after the trans- forward and accepted by Congress: If an Three times a week he would go in a 4- plant. agency does not complete its work ac- hour dialysis treatment, while he wait- Our legislation will reduce the need cording to reasonable schedules, then ed for a kidney. The dialysis treat- for dialysis and repeated kidney trans- the budget gets decreased. I have outlined four commonsense so- ments meant that Derek had to put his plants. It will provide reliable, sus- lutions designed to respond to reason- college plans on hold, but he continued tained access to critically important, able concerns of real people and to re- to work full-time and never gave up life-saving medications for thousands spond to their heartfelt frustration hope. of Americans. with this agency. But, above all, they On July 15, 2010, Derek got his new In both moral and economic terms, promote transparency and they pro- kidney. this is the right decision and I urge our mote responsible government. Two and a half years later, Derek is colleagues to join us in passing this I urge my colleagues to assist and co- still healthy. He is pursuing a degree in reasonable, targeted, lifesaving bill. sponsor these proposals that bring business administration at a local com- Mr. President, I ask unanimous con- transparency and a dose of reality to munity college. He hopes to transfer sent that the text of the bill be printed an out-of-control Federal agency. soon to a university where he can work in the RECORD. toward a CPA license. There being no objection, the text of By Mr. DURBIN (for himself and Fortunate1y for Derek and his fam- the bill was ordered to be printed in Mr. COCHRAN): ily, Medicare covered the expense of di- the RECORD, as follows:

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.031 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S715 S. 323 ‘‘(2) In the case of such an individual who time limitation, except that when such indi- Be it enacted by the Senate and House of Rep- enrolls in part B for coverage of immuno- vidual becomes entitled to benefits under resentatives of the United States of America in suppressive drugs under section 1837(m)(2), this title under sections 226(a) or 226(b), or Congress assembled, such individual’s coverage period shall begin entitled to or eligible for benefits under this SECTION 1. SHORT TITLE. on the first day of the month in which the title under section 226A, the provisions of This Act may be cited as the ‘‘Comprehen- individual first satisfies section 1836(b) or subparagraphs (A) and (B), and the time lim- sive Immunosuppressive Drug Coverage for the month following the month in which the itations under this subparagraph, respec- Kidney Transplant Patients Act of 2013’’. individual so enrolls, whichever is later. tively, shall apply.’’. SEC. 2. EXTENDED MONTHS OF COVERAGE OF IM- ‘‘(3) The provisions of subsections (b) and (8) ENSURING COVERAGE UNDER THE MEDI- MUNOSUPPRESSIVE DRUGS FOR (d) shall apply with respect to an individual CARE SAVINGS PROGRAM.—Section KIDNEY TRANSPLANT PATIENTS described in paragraph (1) or (2). 1905(p)(1)(A) of the Social Security Act (42 AND OTHER RENAL DIALYSIS PROVI- ‘‘(4) In addition to the reasons for termi- U.S.C. 1396d(p)(1)(A)) is amended by inserting SIONS. nation under subsection (b), the coverage pe- ‘‘or an individual who is enrolled under part (a) MEDICARE ENTITLEMENT TO IMMUNO- riod of an individual described in paragraph B for the purpose of coverage of immuno- SUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT (1) or (2) shall end when the individual be- suppressive drugs under section 1836(b)’’ RECIPIENTS.— comes entitled to benefits under this title after ‘‘section 1818’’. (1) KIDNEY TRANSPLANT RECIPIENTS.—Sec- under section 226(a), 226(b), or 226A.’’. (9) PART D.—Section 1860D–1(a)(3)(A) of the tion 226A(b)(2) of the Social Security Act (42 (B) CONFORMING AMENDMENTS.—Section Social Security Act (42 U.S.C. 1395w– U.S.C. 426–1(b)(2)) is amended by inserting 1838(b) of the Social Security Act (42 U.S.C. 101(a)(3)(A)) is amended by inserting ‘‘(but ‘‘(except for eligibility for enrollment under 1395q(b)) is amended, in the matter following not including an individual enrolled solely part B solely for purposes of coverage of im- paragraph (2), by adding ‘‘or section for coverage of immunosuppressive drugs munosuppressive drugs described in section 1837(m)(3)’’ after ‘‘section 1837(f)’’ each place under section 1836(b))’’ before the period at 1861(s)(2)(J))’’ before ‘‘, with the thirty-sixth it appears. the end. month’’. (5) PREMIUMS FOR INDIVIDUALS ONLY ELIGI- (2) INDIVIDUALS ELIGIBLE ONLY FOR COV- BLE FOR COVERAGE OF IMMUNOSUPPRESSIVE By Mr. CORNYN (for himself, Mr. ERAGE OF IMMUNOSUPPRESSIVE DRUGS.— DRUGS.—Section 1839 of the Social Security MCCONNELL, Mr. ROBERTS, Mr. (A) Section 1836 of the Social Security Act Act (42 U.S.C. 1395r) is amended— HATCH, Mr. COCHRAN, Mr. (42 U.S.C. 1395o) is amended— (A) in subsection (b), by adding at the end GRASSLEY, Mr. SHELBY, Mr. (i) by striking ‘‘Every’’ and inserting ‘‘(a) the following new sentence: ‘‘No increase in MCCAIN, Mr. INHOFE, Mr. SES- IN GENERAL.—Every’’; and the premium shall be effected for individuals (ii) by inserting at the end the following who are enrolled pursuant to section 1836(b) SIONS, Ms. COLLINS, Mr. ENZI, new subsection: for coverage only of immunosuppressive Mr. CRAPO, Ms. MURKOWSKI, Mr. ‘‘(b) INDIVIDUALS ELIGIBLE FOR IMMUNO- drugs.’’; and CHAMBLISS, Mr. GRAHAM, Mr. SUPPRESSIVE DRUG COVERAGE.—Beginning on (B) by adding at the end the following new ALEXANDER, Mr. BURR, Mr. January 1, 2014, every individual whose in- subsection: COBURN, Mr. THUNE, Mr. ISAK- surance benefits under part A have ended ‘‘(j) DETERMINATION OF PREMIUM FOR INDI- SON, Mr. VITTER, Mr. CORKER, (whether before, on, or after such date) by VIDUALS ONLY ELIGIBLE FOR COVERAGE OF IM- Mr. BARRASSO, Mr. WICKER, Mr. reason of section 226A(b)(2) is eligible for en- MUNOSUPPRESSIVE DRUGS.—The Secretary rollment in the insurance program estab- shall, during September of each year, deter- JOHANNS, Mr. RISCH, Mr. KIRK, lished by this part solely for purposes of cov- mine and promulgate a monthly premium Mr. COATS, Mr. BLUNT, Mr. erage of immunosuppressive drugs.’’. rate for the succeeding calendar year for in- MORAN, Mr. PORTMAN, Mr. (B) CONFORMING AMENDMENT.—Sections dividuals who enroll only for the purpose of BOOZMAN, Mr. TOOMEY, Mr. 1837, 1838, and 1839 of the Social Security Act coverage of immunosuppressive drugs under HOEVEN, Mr. RUBIO, Mr. JOHN- section 1836(b). Such premium shall be equal (42 U.S.C. 1395(p), 42 U.S.C. 1395(q), 42 U.S.C. SON of Wisconsin, Mr. PAUL, Mr. 1395(r)) are each amended by striking ‘‘1836’’ to 35 percent of the monthly actuarial rate LEE, Ms. AYOTTE, Mr. HELLER, and inserting ‘‘1836(a)’’ each place it appears. for enrollees age 65 and over, determined ac- Mr. SCOTT, Mr. FLAKE, Mr. (3) ENROLLMENT FOR INDIVIDUALS ONLY ELI- cording to paragraph (1), for that succeeding GIBLE FOR COVERAGE OF IMMUNOSUPPRESSIVE calendar year. The monthly premium of each CRUZ, and Mrs. FISCHER): DRUGS.—Section 1837 of the Social Security individual enrolled for coverage of immuno- S.J. Res. 7. A joint resolution pro- Act (42 U.S.C. 1395(p)) is amended by adding suppressive drugs under section 1836(b) for posing an amendment to the Constitu- at the end the following new subsection: each month shall be the amount promul- tion of the United States relative to ‘‘(m)(1) Any individual who is eligible gated in this subsection. Such amount shall balancing the budget; to the Com- under section 1836(b) to enroll in the medical be adjusted in accordance with subsections mittee on the Judiciary. insurance program established under this (c) and (f).’’. Mr. CORNYN. Mr. President, I ask part for purposes of coverage of immuno- (6) GOVERNMENT CONTRIBUTION.—Section 1844(a) of the Social Security Act (42 U.S.C. unanimous consent that the text of the suppressive drugs may enroll only in such joint resolution be printed in the manner and form as may be prescribed by 1395w(a)) is amended— RECORD. regulations, and only during an enrollment (A) in paragraph (3), by striking the period period described in this subsection. at the end and inserting ‘‘; plus’’; There being no objection, the text of ‘‘(2) An individual described in paragraph (B) by adding at the end the following new the joint resolution was ordered to be (1) may enroll beginning on the first day of paragraph: printed in the RECORD, as follows: the third month before the month in which ‘‘(4) a Government contribution equal to S.J. RES. 7 the individual first satisfies section 1836(b). the estimated aggregate reduction in pre- Resolved by the Senate and House of Rep- ‘‘(3) An individual described in paragraph miums payable under part B that results resentatives of the United States of America in (1) whose entitlement for hospital insurance from establishing the premium at 35 percent Congress assembled (two-thirds of each House benefits under part A ends by reason of sec- of the actuarial rate under section 1839(j) in- concurring therein), That the following article tion 226A(b)(2) on or after January 1, 2014, stead of 50 percent of the actuarial rate for is proposed as an amendment to the Con- shall be deemed to have enrolled in the med- individuals who enroll only for the purpose stitution of the United States, which shall be ical insurance program established by this of coverage of immunosuppressive drugs valid to all intents and purposes as part of part for purposes of coverage of immuno- under section 1836(b).’’; and the Constitution when ratified by the legis- suppressive drugs.’’. (C) by adding at the end the following flush latures of three-fourths of the several States: (4) COVERAGE PERIOD FOR INDIVIDUALS ONLY matter: ‘‘ARTICLE— ‘‘The Government contribution under para- ELIGIBLE FOR COVERAGE OF IMMUNO- ‘‘SECTION 1. Total outlays for any fiscal SUPPRESSIVE DRUGS.— graph (4) shall be treated as premiums pay- year shall not exceed total receipts for that (A) IN GENERAL.—Section 1838 of the Social able and deposited for purposes of subpara- fiscal year, unless two-thirds of the duly cho- Security Act (42 U.S.C. 1395q) is amended by graphs (A) and (B) of paragraph (1).’’. sen and sworn Members of each House of adding at the end the following new sub- (7) EXTENSION OF SECONDARY PAYER RE- Congress shall provide by law for a specific section: QUIREMENTS FOR ESRD BENEFICIARIES ELIGIBLE excess of outlays over receipts by a roll call ‘‘(g) In the case of an individual described FOR COVERAGE OF IMMUNOSUPPRESSIVE vote. in section 1836(b), the following rules shall DRUGS.—Section 1862(b)(1)(C) of the Social ‘‘SECTION 2. Total outlays for any fiscal apply: Security Act (42 U.S.C. 1395(y)(b)(1)) is year shall not exceed 18 percent of the gross ‘‘(1) In the case of such an individual who amended by adding at the end the following domestic product of the United States for is deemed to have enrolled in part B for cov- new sentence: ‘‘With regard to immuno- the calendar year ending before the begin- erage of immunosuppressive drugs under sec- suppressive drugs furnished to an individual ning of such fiscal year, unless two-thirds of tion 1837(m)(3), such individual’s coverage who enrolls for the purpose of coverage of the duly chosen and sworn Members of each period shall begin on the first day of the immunosuppressive drugs under section House of Congress shall provide by law for a month in which the individual first satisfies 1836(b) on or after January 1, 2014, this sub- specific amount in excess of such 18 percent section 1836(b). paragraph shall apply without regard to any by a roll call vote.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.044 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S716 CONGRESSIONAL RECORD — SENATE February 13, 2013 ‘‘SECTION 3. Prior to each fiscal year, the Mr. REED of Rhode Island) submitted Whereas Hiram Rhodes Revels, Blanche President shall transmit to the Congress a the following resolution; which was Kelso Bruce, Edward William Brooke, Carol proposed budget for the United States Gov- considered and agreed to: Moseley Braun, Barack Obama, and Roland ernment for that fiscal year in which— Burris have all served as African-American S. RES. 31 ‘‘(1) total outlays do not exceed total re- firsts in the exclusive body known as the ceipts; and Whereas, in 1776, the United States of United States Senate; and ‘‘(2) total outlays do not exceed 18 percent America was imagined, as stated in the Dec- Whereas, on January 2, 2013, Tim Scott be- of the gross domestic product of the United laration of Independence, as a new nation came the first African American to serve as States for the calendar year ending before dedicated to the proposition that ‘‘all men Senator of South Carolina, and on February the beginning of such fiscal year. are created equal, that they are endowed by 7, 2013, William ‘‘Mo’’ Cowan became the ‘‘SECTION 4. Any bill that imposes a new their creator with certain unalienable rights, first African American to represent Massa- tax or increases the statutory rate of any tax that among these are life, liberty, and the chusetts in the Senate since 1978: Now, or the aggregate amount of revenue may pursuit of happiness’’; therefore, be it pass only by a two-thirds majority of the Whereas, on November 19, 1863, President Resolved, That the Senate— duly chosen and sworn Members of each Abraham Lincoln, in reference to the Dec- (1) acknowledges that all of the people of House of Congress by a roll call vote. For the laration of Independence, stated, ‘‘Four score the United States are the recipients of the purpose of determining any increase in rev- and seven years ago our fathers brought wealth of history given to us by black cul- enue under this section, there shall be ex- forth, upon this continent, a new nation, ture; cluded any increase resulting from the low- conceived in liberty, and dedicated to the (2) recognizes the importance of Black His- proposition that all men are created equal.’’; ering of the statutory rate of any tax. tory Month as an opportunity to reflect on Whereas the history of the United States ‘‘SECTION 5. The limit on the debt of the the complex history of the United States, includes injustices and the denial of basic, United States shall not be increased, unless while remaining hopeful and confident about fundamental rights at odds with the words of three-fifths of the duly chosen and sworn the path that lies ahead; the founders of the United States and the Members of each House of Congress shall (3) acknowledges the significance of Black sacrifices commemorated at Gettysburg, provide for such an increase by a roll call History Month as an important opportunity Pennsylvania; vote. to recognize the tremendous contributions of Whereas the injustices committed in the African Americans to the history of the ‘‘SECTION 6. The Congress may waive the United States include approximately 250 provisions of sections 1, 2, 3, and 5 of this ar- United States; years of slavery, 100 years of lynchings, de- ticle for any fiscal year in which a declara- (4) encourages the celebration of Black nial of both fundamental human and civil tion of war against a nation-state is in effect History Month to provide a continuing op- rights, and withholding of the basic rights of portunity for all people in the United States and in which a majority of the duly chosen citizenship; and sworn Members of each House of Con- to learn from the past and to understand the Whereas inequalities and injustices in our experiences that have shaped the United gress shall provide for a specific excess by a society still exist today; States; roll call vote. Whereas Sojourner Truth, Frederick Doug- (5) remembers the injustices that African ‘‘SECTION 7. The Congress may waive the lass, Harriet Tubman, W.E.B. Dubois, Booker Americans have endured and commends the provisions of sections 1, 2, 3, and 5 of this ar- T. Washington, Charles Hamilton Houston, African-American community for over- ticle in any fiscal year in which the United the Tuskegee Airmen, Lena Horne, Ralph coming those injustices and changing the States is engaged in a military conflict that Bunche, Jackie Robinson, Constance Baker course and nature of history by forging the causes an imminent and serious military Motley, James Baldwin, Dorothy Height, fight for equality; and threat to national security and is so declared Thurgood Marshall, and Shirley Chisholm (6) agrees that while the United States by three-fifths of the duly chosen and sworn each lived a life of incandescent greatness began in division, the United States must Members of each House of Congress by a roll while many African Americans lived, toiled, now move forward with purpose, united tire- call vote. Such suspension must identify and and died in obscurity, never achieving the lessly as one Nation, indivisible, with liberty be limited to the specific excess of outlays recognition they deserved, but paved the way and justice for all, and honor the contribu- for that fiscal year made necessary by the for future generations to succeed; tion of all pioneers who help ensure the leg- identified military conflict. Whereas many African-American men and acy of these great United States. ‘‘SECTION 8. No court of the United States women worked against racism to achieve f or of any State shall order any increase in success, such as James Beckwourth, Bill revenue to enforce this article. Pickett, Colonel Allen Allensworth, Clara SENATE RESOLUTION 32—CON- ‘‘SECTION 9. Total receipts shall include all Brown, and many others who were pivotal in GRATULATING THE NORTH DA- receipts of the United States Government ex- the exploration and westward expansion of KOTA STATE UNIVERSITY FOOT- cept those derived from borrowing. Total the United States; outlays shall include all outlays of the BALL TEAM FOR WINNING THE Whereas pioneers such as David Dinkins, 2012 NATIONAL COLLEGIATE ATH- United States Government except those for Mae Jemison, Arthur Ashe, Oprah Winfrey, repayment of debt principal. James Earl Jones, Clarence Thomas, Ursula LETIC ASSOCIATION DIVISION I ‘‘SECTION 10. The Congress shall have Burns, Alice Walker, Ronald Brown, Alexis FOOTBALL CHAMPIONSHIP SUB- power to enforce and implement this article Herman, Kenneth Chenault, and Magic John- DIVISION TITLE by appropriate legislation, which may rely son have all served as positive beneficiaries Mr. HOEVEN (for himself and Ms. on estimates of outlays, receipts, and gross of our forefathers and as great role models domestic product. HEITKAMP) submitted the following res- and leaders for future generations; olution; which was considered and ‘‘SECTION 11. This article shall take effect Whereas, on November 4, 2008, and again on beginning with the fifth fiscal year begin- November 6, 2012, the people of the United agreed to: ning after its ratification.’’. States elected an African-American man, S. RES. 32 f Barack Obama, as President of the United Whereas the North Dakota State Univer- SUBMITTED RESOLUTIONS States, and African Americans continue to sity (referred to in this preamble as serve the United States at the highest levels ‘‘NDSU’’) Bison won the 2012 National Colle- of the government and Armed Forces; giate Athletic Association (referred to in Whereas Carter G. Woodson, the ‘‘Father of this preamble as the ‘‘NCAA’’) Division I SENATE RESOLUTION 31—CELE- Black History’’, stated, ‘‘We have a wonder- Football Championship Subdivision title BRATING BLACK HISTORY ful history behind us.... If you are unable to game in Frisco, Texas, on January 5, 2013, in MONTH demonstrate to the world that you have this a hard fought victory over the Sam Houston Mrs. GILLIBRAND (for herself, Ms. record, the world will say to you, ‘You are State University Bearkats by a score of 39 to not worthy to enjoy the blessings of democ- 13; MIKULSKI, Mr. FRANKEN, Ms. LANDRIEU, racy or anything else.’ ’’; Whereas the NDSU Bison and coach Craig Mrs. BOXER, Mr. CARDIN, Mr. WHITE- Whereas Black History Month, celebrated Bohl had an incredible 2012 season with 14 HOUSE, Mr. COCHRAN, Mr. LEVIN, Mr. during the month of February, dates back to wins and 1 defeat; MENENDEZ, Mr. LAUTENBERG, Mr. 1926 when Carter G. Woodson set aside a spe- Whereas NDSU has won 10 NCAA Football COONS, Mr. SCHATZ, Mr. BEGICH, Mr. cial period of time in February to recognize Championships; MANCHIN, Mrs. HAGAN, Mrs. SHAHEEN, the heritage and achievement of black Amer- Whereas, during the championship game, Mr. CASEY, Mr. BROWN, Mr. WICKER, icans; the NDSU Bison offense scored 39 points Mr. UDALL of Colorado, Mr. NELSON, Whereas, on February 22, 2012, President against the Sam Houston State Bearkats; Barack Obama and First Lady Michelle Whereas Coach Bohl and his staff have in- Mr. SCHUMER, Mr. PRYOR, Ms. CANT- Obama, along with former First Lady Laura stilled character and confidence in the NDSU WELL, Mr. PORTMAN, Mr. ISAKSON, Mr. Bush, celebrated the groundbreaking of the players and have done an outstanding job WYDEN, Mr. WARNER, Mr. MERKLEY, Mr. National Museum of African American His- with the Bison football program; DURBIN, Mrs. MCCASKILL, Ms. STABE- tory and Culture on the National Mall in Whereas the leadership of President Dean NOW, Mrs. FEINSTEIN, Mr. COWAN, and Washington, D.C.; Bresciani and Athletic Director Gene Taylor

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.046 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S717 has helped bring both academic and athletic Whereas on February 3, 1863, Kansas be- the session of the Senate on February excellence to NDSU; and came one of the first States to accept the 13, 2013, at 10 a.m. to conduct a hearing Whereas the 2012 NCAA Division I Football terms and conditions of the Act of July 2, entitled ‘‘Solutions to the Crisis Fac- Championship Subdivision title was a vic- 1862 (commonly known as the ‘‘First Morrill ing the U.S. Postal Service.’’ tory not only for the NDSU football team, Act’’) (7 U.S.C. 301 et seq.), which created the The PRESIDING OFFICER. Without but also for the entire State of North Da- land-grant system of colleges and univer- kota: Now, therefore, be it sities; objection, it is so ordered. Resolved, That the Senate— Whereas Kansas State Agricultural Col- COMMITTEE ON THE JUDICIARY (1) congratulates the North Dakota State lege, which is known today as Kansas State Mr. REID. Mr. President, I ask unan- University football team, the 2012 National University, received a land-grant charter on imous consent that the Committee on Collegiate Athletic Association Division I February 16, 1863, making it the first oper- the Judiciary be authorized to meet Football Championship Subdivision cham- ational land-grant institution in the United during the session of the Senate, on pions; States; February 13, 2013, at 9:30 a.m., in room (2) commends the North Dakota State Uni- Whereas since the inception of Kansas SH–216 of the Hart Senate Office Build- versity players, coaches, and staff for their State University, the university has ex- hard work and dedication; and panded the main campus in Manhattan to in- ing, to conduct a hearing entitled (3) recognizes the students, alumni, and clude campuses in Olathe and Salina; ‘‘Comprehensive Immigration Re- loyal fans for supporting the Bison on their Whereas students attending Kansas State form.’’ successful quest to capture another Division University hale from all 50 States and 90 The PRESIDING OFFICER. Without I trophy for North Dakota State University. countries; objection, it is so ordered. f Whereas more than 200,000 alumni are COMMITTEE ON THE JUDICIARY proud to call Kansas State University their Mr. REID. Mr. President, I ask unan- SENATE RESOLUTION 33—COM- alma mater; imous consent that the Committee on MEMORATING THE 150TH ANNI- Whereas the commitment of Kansas State the Judiciary be authorized to meet University to education is unparalleled; and VERSARY OF EMPORIA STATE during the session of the Senate, on UNIVERSITY Whereas the history and stature of Kansas State University are secured by the excep- February 13, 2013, at 3:15 p.m., in room Mr. MORAN (for himself and Mr. tional caliber of the educational profes- SD–226 of the Dirksen Senate Office ROBERTS) submitted the following reso- sionals and students: Now, therefore, be it Building, to conduct a hearing entitled lution; which was considered and Resolved, That the Senate recognizes and ‘‘Judicial Nominations.’’ agreed to: congratulates Kansas State University for The PRESIDING OFFICER. Without 150 years of fulfilling the mission of a land- S. RES. 33 objection, it is so ordered. grant university. Whereas, in 1863, the State of Kansas COMMITTEE ON RULES AND ADMINISTRATION founded the Kansas State Normal School to f Mr. REID. Mr. President, I ask unan- provide opportunities for higher education in AUTHORITY FOR COMMITTEES TO imous consent that the Committee on the fields of teaching, mechanic arts, agri- MEET Rules and Administration be author- culture, and various other arts and sciences; ized to meet during the session of the Whereas the Kansas State Normal School COMMITTEE ON COMMERCE, SCIENCE, AND Senate on February 13, 2013, at 10 a.m. became the Kansas State Teachers College in TRANSPORTATION The PRESIDING OFFICER. Without 1923, Emporia Kansas State College in 1974, Mr. REID. Mr. President, I ask unan- objection, it is so ordered. and Emporia State University in 1977; imous consent that the Committee on COMMITTEE ON SMALL BUSINESS AND Whereas Emporia State University has pre- Commerce, Science, and Transpor- pared thousands of teachers in the United ENTREPRENEURSHIP tation be authorized to meet during Mr. REID. Mr. President, I ask unan- States through its nationally acclaimed the session of the Senate on February teacher education programs; imous consent that the Committee on Whereas Emporia State University is the 13, 2013, at 2:30 p.m. in room 253 of the Small Business and Entrepreneurship host of the National Teachers Hall of Fame, Russell Senate Office Building. be authorized to meet during the ses- which recognizes and honors exceptional ca- The PRESIDING OFFICER. Without sion of the Senate on February 13, 2013, reer educators from throughout the United objection, it is so ordered. at 4 p.m. in room 432 of the Russell States; COMMITTEE ON FINANCE Senate Office building. Whereas Emporia State University offers Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without outstanding and highly accredited programs, including programs in education, business, imous consent that the Committee on objection, it is so ordered. and library and information management; Finance be authorized to meet during f the session of the Senate on February Whereas Emporia State University is the PRIVILEGES OF THE FLOOR alma mater of more than 75,000 proud alum- 13, 2013, at 10 a.m., in room 215 of the ni; and Dirksen Senate Office Building. Mr. REED. Mr. President, I ask unan- Whereas the quality of Emporia State Uni- The PRESIDING OFFICER. Without imous consent that Brian Huysman versity as an institution of higher learning is objection, it is so ordered. and Mellissa Duru, fellows in my office, a reflection of the extraordinary caliber of COMMITTEE ON FOREIGN RELATIONS be granted the privilege of the floor for its educational professionals and students: Mr. REID. Mr. President, I ask unan- this session of the 113th Congress. Now, therefore, be it The PRESIDING OFFICER. Without imous consent that the Committee on Resolved, That the Senate recognizes and objection, it is so ordered. extends its congratulations to the edu- Foreign Relations be authorized to cational professionals, students, and alumni meet during the session of the Senate f of Emporia State University for 150 years of on February 13, 2013, at 3 p.m. RESOLUTIONS SUBMITTED TODAY excellence in higher education. The PRESIDING OFFICER. Without Mr. BLUMENTHAL. Mr. President, I f objection, it is so ordered. ask unanimous consent that the Sen- SENATE RESOLUTION 34—COM- COMMITTEE ON HEALTH, EDUCATION, LABOR, ate proceed to the immediate consider- MEMORATING THE 150TH ANNI- AND PENSIONS ation en bloc of the following resolu- VERSARY OF KANSAS STATE Mr. REID. Mr. President, I ask unan- tions which were submitted earlier UNIVERSITY imous consent that the Committee on today: S. Res. 31, S. Res. 32, S. Res. 33, Health, Education, Labor, and Pen- Mr. ROBERTS (for himself and Mr. and S. Res. 34. sions be authorized to meet during the MORAN) submitted the following reso- There being no objection, the Senate session of the Senate on February 13, lution; which was considered and proceeded to consider the resolutions 2013, at 10 a.m. in SD–430. agreed to: en bloc. The PRESIDING OFFICER. Without Mr. BLUMENTHAL. I ask unanimous S. RES. 34 objection, it is so ordered. consent the resolutions by agreed to, Whereas Kansas State University was es- COMMITTEE ON HOMELAND SECURITY AND the preambles be agreed to, the mo- tablished by the Territory of Kansas on Feb- GOVERNMENTAL AFFAIRS tions to reconsider be laid upon the ruary 9, 1858, as the Bluemont Central Col- lege Association, in response to the desire to Mr. REID. Mr. President, I ask unan- table en bloc, with no intervening ac- provide higher education opportunities to imous consent that the Committee on tion or debate, and any statements re- farm families and working class individuals Homeland Security and Governmental lating to the resolutions be printed in in Kansas; Affairs be authorized to meet during the RECORD.

VerDate Mar 15 2010 04:35 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.043 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE S718 CONGRESSIONAL RECORD — SENATE February 13, 2013 To be rear admiral (lower half) AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL A. The PRESIDING OFFICER. Without COOPER AND ENDING WITH SUSAN MICHELLE MILLER, objection, it is so ordered. CAPT. VICTOR W. HALL WHICH NOMINATIONS WERE RECEIVED BY THE SENATE The resolutions were agreed to. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE UNITED STATES NAVY RESERVE TO THE GRADE JANUARY 23, 2013. The preambles were agreed to. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: AIR FORCE NOMINATIONS BEGINNING WITH VICTOR DOUGLAS BROWN AND ENDING WITH RODNEY M. WAITE, The resolutions, with their pre- To be rear admiral (lower half) WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ambles, are printed in today’s RECORD AND APPEARED IN THE CONGRESSIONAL RECORD ON CAPT. PRISCILLA B. COE JANUARY 23, 2013. under ‘‘Resolutions Submitted.’’ THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH WALTER S. f IN THE UNITED STATES NAVY RESERVE TO THE GRADE ADAMS AND ENDING WITH CARL E. SUPPLEE, WHICH INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JANUARY ORDERS FOR THURSDAY, To be rear admiral (lower half) 23, 2013. AIR FORCE NOMINATIONS BEGINNING WITH JOHN J. FEBRUARY 14, 2013 CAPT. CHRISTINA M. ALVARADO BARTRUM AND ENDING WITH GEORGE L. VALENTINE, Mr. BLUMENTHAL. Mr. President, I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE UNITED STATES NAVY RESERVE TO THE GRADE AND APPEARED IN THE CONGRESSIONAL RECORD ON ask unanimous consent that when the INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: JANUARY 23, 2013. Senate completes its business today, it To be rear admiral (lower half) AIR FORCE NOMINATIONS BEGINNING WITH KIMBERLY adjourn until 10 a.m. on Thursday, Feb- L. BARBER AND ENDING WITH JANET L. SETNOR, WHICH CAPT. JAMES R. MCNEAL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ruary 14, 2013; that following the prayer PEARED IN THE CONGRESSIONAL RECORD ON JANUARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 23, 2013. and pledge, the morning hour be IN THE UNITED STATES NAVY RESERVE TO THE GRADE AIR FORCE NOMINATIONS BEGINNING WITH DINA L. deemed expired, the Journal of pro- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: BERNSTEIN AND ENDING WITH WILLIAM R. YOUNG- To be rear admiral (lower half) BLOOD, WHICH NOMINATIONS WERE RECEIVED BY THE ceedings be approved to date, and the SENATE AND APPEARED IN THE CONGRESSIONAL time for the two leaders be reserved for CAPT. DANIEL L. GARD RECORD ON JANUARY 23, 2013. AIR FORCE NOMINATIONS BEGINNING WITH TIMOTHY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT their use later in the day; and that fol- LEE BRININGER AND ENDING WITH CHRISTOPHER J. IN THE UNITED STATES NAVY RESERVE TO THE GRADE RYAN, WHICH NOMINATIONS WERE RECEIVED BY THE lowing any leader remarks, the Senate INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: SENATE AND APPEARED IN THE CONGRESSIONAL resume executive session and consider- To be rear admiral (lower half) RECORD ON JANUARY 23, 2013. ation of the nomination of Senator AIR FORCE NOMINATIONS BEGINNING WITH FRANCIS CAPT. MARK J. FUNG XAVIER ALTIERI AND ENDING WITH KEVIN M. ZELLER, Hagel to be Secretary of Defense. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE UNITED STATES NAVY RESERVE TO THE GRADE AND APPEARED IN THE CONGRESSIONAL RECORD ON The PRESIDING OFFICER. Without JANUARY 23, 2013. objection, it is so ordered. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: To be rear admiral (lower half) IN THE ARMY f CAPT. ALMA M.O.L. GROCKI ARMY NOMINATION OF JONATHAN A. FOSKEY, TO BE LIEUTENANT COLONEL. PROGRAM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF MARION J. PARKS, TO BE COLO- IN THE UNITED STATES NAVY RESERVE TO THE GRADE NEL. Mr. BLUMENTHAL. Mr. President, INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATION OF KAREN A. PIKE, TO BE COLO- earlier today cloture was filed on the To be rear admiral (lower half) NEL. ARMY NOMINATIONS BEGINNING WITH DEREK S. REY- Hagel nomination. That cloture vote is CAPT. WILLIAM K. DAVIS NOLDS AND ENDING WITH BRIAN D. VOGT, WHICH NOMI- NATIONS WERE RECEIVED BY THE SENATE AND AP- expected on Friday. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON JANUARY IN THE UNITED STATES NAVY RESERVE TO THE GRADE 23, 2013. f INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATIONS BEGINNING WITH EDWARD A. ADJOURNMENT UNTIL 10 A.M. To be rear admiral (lower half) FIGUEROA AND ENDING WITH MICHAEL C. VANHOVEN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TOMORROW CAPT. DANIEL J. MACDONNELL AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2013. Mr. BLUMENTHAL. Mr. President, if f ARMY NOMINATIONS BEGINNING WITH JACK C. MASON there is no further business to come be- AND ENDING WITH TODD B. WAYTASHEK, WHICH NOMINA- CONFIRMATIONS TIONS WERE RECEIVED BY THE SENATE AND APPEARED fore the Senate, I ask that it adjourn IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2013. Executive nominations confirmed by under the previous order. ARMY NOMINATIONS BEGINNING WITH RUTH E. the Senate February 13, 2013: APONTE AND ENDING WITH MICHAEL J. ZINNO, WHICH There being no objection, the Senate, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE AIR FORCE PEARED IN THE CONGRESSIONAL RECORD ON JANUARY at 6:46 p.m., adjourned until Thursday, 23, 2013. February 14, 2013, at 10 a.m. THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE ARMY NOMINATIONS BEGINNING WITH LESLIE E. AKINS UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- AND ENDING WITH MARC W. ZELNICK, WHICH NOMINA- f SERVE OF THE AIR FORCE TO THE GRADE INDICATED TIONS WERE RECEIVED BY THE SENATE AND APPEARED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2013. NOMINATIONS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATIONS BEGINNING WITH TIMOTHY G. To be lieutenant general ABRELL AND ENDING WITH JOHN A. ZULFER, WHICH Executive nominations received by NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAJ. GEN. WILLIAM H. ETTER PEARED IN THE CONGRESSIONAL RECORD ON JANUARY the Senate: 23, 2013. IN THE ARMY BUREAU OF CONSUMER FINANCIAL PROTECTION ARMY NOMINATIONS BEGINNING WITH RAFAEL E. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ABREU AND ENDING WITH R010075, WHICH NOMINATIONS RICHARD CORDRAY, OF OHIO, TO BE DIRECTOR, BU- IN THE UNITED STATES ARMY TO THE GRADE INDICATED WERE RECEIVED BY THE SENATE AND APPEARED IN THE REAU OF CONSUMER FINANCIAL PROTECTION FOR A WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CONGRESSIONAL RECORD ON JANUARY 23, 2013. TERM OF FIVE YEARS. (NEW POSITION) RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE MARINE CORPS NATIONAL LABOR RELATIONS BOARD To be lieutenant general MARINE CORPS NOMINATION OF JACKIE W. MORGAN, JR., TO BE MAJOR. RICHARD F. GRIFFIN, JR., OF THE DISTRICT OF COLUM- MAJ. GEN. KENNETH E. TOVO BIA, TO BE A MEMBER OF THE NATIONAL LABOR RELA- MARINE CORPS NOMINATION OF DANA R. FIKE, TO BE TIONS BOARD FOR THE TERM OF FIVE YEARS EXPIRING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LIEUTENANT COLONEL. AUGUST 27, 2016, VICE WILMA B. LIEBMAN, TERM EX- IN THE UNITED STATES ARMY NURSE CORPS TO THE MARINE CORPS NOMINATION OF SAMUEL W. SPENCER PIRED. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 624 III, TO BE LIEUTENANT COLONEL. SHARON BLOCK, OF THE DISTRICT OF COLUMBIA, TO BE AND 3064: MARINE CORPS NOMINATION OF LARRY MIYAMOTO, TO A MEMBER OF THE NATIONAL LABOR RELATIONS BOARD To be brigadier general BE LIEUTENANT COLONEL. FOR THE TERM OF FIVE YEARS EXPIRING DECEMBER 16, MARINE CORPS NOMINATIONS BEGINNING WITH 2014, VICE CRAIG BECKER. COL. BARBARA R. HOLCOMB GEORGE L. ROBERTS AND ENDING WITH PAUL A. SHIR- LEY, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- DEPARTMENT OF JUSTICE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY MEDICAL SERVICE CORPS ATE AND APPEARED IN THE CONGRESSIONAL RECORD KAROL VIRGINIA MASON, OF GEORGIA, TO BE AN AS- TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- ON JANUARY 23, 2013. SISTANT ATTORNEY GENERAL, VICE LAURIE O. ROBIN- TIONS 624 AND 3064: MARINE CORPS NOMINATIONS BEGINNING WITH RICH- SON, RESIGNED. ARD D. KOHLER AND ENDING WITH GARY J. SPINELLI, To be brigadier general WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE NAVY AND APPEARED IN THE CONGRESSIONAL RECORD ON COL. PATRICK D. SARGENT JANUARY 23, 2013. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARINE CORPS NOMINATIONS BEGINNING WITH ERIC T. IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS TO THE CLINE AND ENDING WITH ROBERT S. SCHMIDT, JR., WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 624 WHICH NOMINATIONS WERE RECEIVED BY THE SENATE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND 3064: AND APPEARED IN THE CONGRESSIONAL RECORD ON To be vice admiral JANUARY 23, 2013. To be major general MARINE CORPS NOMINATIONS BEGINNING WITH JOSE REAR ADM. JOSEPH P. AUCOIN BRIG. GEN. BRIAN C. LEIN L. SADA AND ENDING WITH BRIAN J. SPOONER, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. NADJA Y. WEST NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES NAVY RESERVE TO THE GRADE PEARED IN THE CONGRESSIONAL RECORD ON JANUARY INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE JUDICIARY 23, 2013. MARINE CORPS NOMINATIONS BEGINNING WITH FRED- To be rear admiral (lower half) WILLIAM J. KAYATTA, JR., OF MAINE, TO BE UNITED ERICK L. HUNT AND ENDING WITH CHAD E. TIDWELL, STATES CIRCUIT JUDGE FOR THE FIRST CIRCUIT. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CAPT. BRIAN S. PECHA IN THE AIR FORCE AND APPEARED IN THE CONGRESSIONAL RECORD ON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JANUARY 23, 2013. IN THE UNITED STATES NAVY RESERVE TO THE GRADE AIR FORCE NOMINATION OF KORY D. BINGHAM, TO BE MARINE CORPS NOMINATIONS BEGINNING WITH TODD INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: MAJOR. E. LOTSPEICH AND ENDING WITH DONALD E. WILLIAMS,

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WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATIONS BEGINNING WITH DAVID AND APPEARED IN THE CONGRESSIONAL RECORD ON AND APPEARED IN THE CONGRESSIONAL RECORD ON B. BLANN AND ENDING WITH ALLEN L. LEWIS, WHICH JANUARY 23, 2013. JANUARY 23, 2013. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING WITH JASON PEARED IN THE CONGRESSIONAL RECORD ON JANUARY IN THE NAVY B. DAVIS AND ENDING WITH JOHN F. REYNOLDS, JR., 23, 2013. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATIONS BEGINNING WITH MI- NAVY NOMINATION OF HARRY E. HAYES, TO BE COM- AND APPEARED IN THE CONGRESSIONAL RECORD ON CHAEL GASPERINI AND ENDING WITH TIMOTHY W. WIL- MANDER. JANUARY 23, 2013. LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE NAVY NOMINATION OF SHEMEYA L. GRANT, TO BE MARINE CORPS NOMINATIONS BEGINNING WITH TRAV- SENATE AND APPEARED IN THE CONGRESSIONAL LIEUTENANT COMMANDER. IS M. FULTON AND ENDING WITH GARY S. LIDDELL, RECORD ON JANUARY 23, 2013. NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER J. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATIONS BEGINNING WITH STE- KANE AND ENDING WITH LUKE C. SUBER, WHICH NOMINA- AND APPEARED IN THE CONGRESSIONAL RECORD ON PHEN R. BYRNES AND ENDING WITH JAMES N. TIMMER, TIONS WERE RECEIVED BY THE SENATE AND APPEARED JANUARY 23, 2013. JR., WHICH NOMINATIONS WERE RECEIVED BY THE SEN- IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2013. MARINE CORPS NOMINATIONS BEGINNING WITH BRYAN ATE AND APPEARED IN THE CONGRESSIONAL RECORD NAVY NOMINATIONS BEGINNING WITH JEANINE F. BEN- DELGADO AND ENDING WITH RODOLFO D. QUISPE, WHICH ON JANUARY 23, 2013. JAMIN AND ENDING WITH BENJAMIN F. VISGER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MARINE CORPS NOMINATIONS BEGINNING WITH PETER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JANUARY K. BASABE, JR. AND ENDING WITH MICHAEL A. YOUNG, PEARED IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2013. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 23, 2013.

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