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

Vol. 159 WASHINGTON, MONDAY, APRIL 15, 2013 No. 50 House of Representatives The House met at noon and was hunger among Americans over the age banks to prioritize and target hunger called to order by the Speaker pro tem- of 50 increased by nearly 80 percent—80 among seniors. AmpleHarvest.org is pore (Mr. HOLDING). percent. That is unconscionable. working with seniors to grow their own f One reason for this significant rise in food. And of course, there is Meals on senior hunger is the economy. The re- Wheels, which delivers food directly to DESIGNATION OF SPEAKER PRO cession has made hunger in America homebound seniors. TEMPORE worse for everyone, and it’s been par- A recent Brown University report The SPEAKER pro tempore laid be- ticularly bad among people between found that for every additional $25 a fore the House the following commu- the ages of 50 and 59, a population too State spends on Meals on Wheels each nication from the Speaker: young for Social Security and Medi- year for a person over 65, the low-care WASHINGTON, DC, care, but too old for programs that tar- nursing home population decreases by 1 April 15, 2013. get families with children. And it’s not percent. That helps save Medicaid dol- I hereby appoint the Honorable GEORGE E. just the very poor. In fact, between 2007 lars and lowers health care costs over- B. HOLDING to act as Speaker pro tempore on and 2009, the most dramatic increase in all. this day. hunger was among those whose annual In fact, the cost of feeding a senior JOHN A. BOEHNER, incomes were twice the poverty line. for 1 year through Meals on Wheels is Speaker of the House of Representatives. Food—good, healthy food—is impor- roughly equal to the cost of just 1 day f tant at all ages, but it is critical for in the hospital. And the average pa- MORNING-HOUR DEBATE young children and for senior citizens. tient stays in the hospital for almost 5 For kids, nutritious food is critical for days. Funding for Meals on Wheels is The SPEAKER pro tempore. Pursu- physical and mental development. For an important investment to decreasing ant to the order of the House of Janu- seniors, good, healthy food is critical health care spending. ary 3, 2013, the Chair will now recog- for entirely different, but no less im- I also want to highlight the Senior nize Members from lists submitted by portant, reasons. Farmers’ Market Nutrition Program, the majority and minority leaders for Hunger can exacerbate existing med- which helps more than 860,000 seniors morning-hour debate. ical conditions, and many medications who make less than $15,000 per year to The Chair will alternate recognition need to be taken with food. Taking have access to local fresh fruits and between the parties, with each party some medicine on an empty stomach vegetables at farmers markets. A limited to 1 hour and each Member can result in illness or hospitalization, qualified senior is awarded between $20 other than the majority and minority problems that not only result in in- and $50 to spend at their local farmers leaders and the minority whip limited creased medical costs, but can also be markets. Over 19,000 farmers partici- to 5 minutes each, but in no event shall deadly to people with reduced immune pate and benefit from the money sen- debate continue beyond 1:50 p.m. systems. iors spend through this program. f A common problem is that many sen- Wholesome Wave is an organization iors are homebound, unable to travel to that doubles the purchasing power of SENIOR HUNGER IN AMERICA grocery schools or food banks to get the Senior Farmers’ Market Nutrition The SPEAKER pro tempore. The food. A homebound senior can be a for- Program. Its Double Value Coupon pro- Chair recognizes the gentleman from gotten senior. It’s easy to see why sen- gram operates at more than 300 farm- Massachusetts (Mr. MCGOVERN) for 5 ior hunger is a hidden problem. In ers markets in 26 States and the Dis- minutes. many cases, the hungry senior is lit- trict of Columbia. Boston Mayor Tom Mr. MCGOVERN. Mr. Speaker, for erally hidden away behind a closed Menino has a similar program called the past 2 months, I have been speak- door. the Boston Bounty Bucks. These pro- ing each week about hunger in Amer- That’s why it is so important to have grams allow low-income seniors on ica. Today, I want to focus on hunger senior advocacy groups like AARP, the fixed incomes to buy more fresh fruits among our senior citizens, which is a National Council on Aging, and and vegetables with their limited silent scourge in our Nation. AmpleHarvest.org—to name a few— funds. Over 49 million Americans are hun- who focus on senior hunger. AARP has Mr. Speaker, these are terrific pro- gry; and of those, 8.3 million are sen- its Drive to End Hunger campaign with grams, but they simply can’t do it all. iors. That’s one in seven seniors and NASCAR and Jeff Gordon. The Na- In the case of senior hunger, we need to nearly 15 percent of everyone over 60 tional Council on Aging is working make sure that groups like Meals on years old. In fact, from 2001 to 2009, with Feeding America and other food Wheels and programs like Senior

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

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VerDate Mar 15 2010 03:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A15AP7.000 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1996 CONGRESSIONAL RECORD — HOUSE April 15, 2013 Farmers’ Market Nutrition Program wise, how much food would be lost on taking food out of the mouths of sen- are well funded. But we also need to an annual basis with chained CPI as it iors in the future that you’re fixing the work with doctors and nurses, with eats away at the annual adjustments problem for full funding of Social Secu- Medicare and Medicaid, and with other and the things that she purchases go up rity beyond 2033. You’re not. That’s a health care professionals to treat hun- faster and faster. lie. Admit what you’re doing. You want ger as a health issue. We need to pre- b 1210 to cut benefits to seniors, to veterans vent costly hospital readmissions that and other working Americans with this are preventable with proper nutrition. Each shopping cart represents a chained CPI artifice. weekly food budget of $53. That’s not We need to ensure that seniors aren’t f falling through the cracks and that exactly living high on the hog here. At they aren’t going hungry. 65, she loses 2 weeks of food. And a RECESS Mr. Speaker, we need Presidential woman retiring at age 65 this year has The SPEAKER pro tempore. Pursu- leadership to End Hunger Now, and we a life expectancy of 20 years. That ant to clause 12(a) of rule I, the Chair need a White House conference on food means at age 85, with this new device, declares the House in recess until 2 and nutrition to talk about senior hun- the chained CPI, she would lose 16 p.m. today. ger; to brainstorm, plan, and execute a weeks worth of her food budget. That’s Accordingly (at 12 o’clock and 13 national antihunger plan that will 16 weeks. minutes p.m.), the House stood in re- truly end hunger now. Everybody, as they get older, works cess. through their savings and other means We are the most prosperous Nation in f the world. There is absolutely no rea- of support. And if you live too long, son why anyone should go hungry in you’re going to have a really hard time b 1400 making ends meet. If we chain the CPI, the United States of America. It is es- AFTER RECESS pecially shameful that so many older it will get even harder for the next gen- people, people who have made this eration of seniors. The recess having expired, the House country great, find themselves in a po- There’s kind of a mixed message was called to order by the Speaker pro sition where they are hungry. We can here. Republicans want to cut entitle- tempore (Mr. WENSTRUP) at 2 p.m. do something about it. I hope we come ments. They never supported Social Se- f curity and Medicare, but they just together, and I hope we end hunger PRAYER now. want to cut them to make sure they’re there in the future. Well, If you chain The Chaplain, the Reverend Patrick f the CPI, Social Security, which is sup- J. Conroy, offered the following prayer: CHAINED CPI posed to have adequate benefits to pay Almighty God of the universe, we The SPEAKER pro tempore. The full guaranteed benefits until 2033, give You thanks for giving us another Chair recognizes the gentleman from would pick up 2 years. So we cut bene- day. We thank You that You give us a Oregon (Mr. DEFAZIO) for 5 minutes. fits for 100 percent of seniors retiring share in Your creative work, having Mr. DEFAZIO. Mr. Speaker, there’s a now and in the future, and Social Secu- endowed each with unique and impor- lot of talk in Washington, D.C., about rity would last 2 years longer. That tant talents. something called chained CPI. A lot of doesn’t exactly save Social Security, On this day, we ask Your blessing on people don’t know what that means. does it? the men and women of the people’s We have assurances from the White On the converse, with my plan, where House who have been entrusted with House and the Republicans who origi- we lift the cap so that people who earn the care of this great Nation’s people. nated this idea. It’s an innocuous sort a $1 million or $2 million or one of Because of the great blessings You of little change to Social Security, vet- those hedge fund guys earning a billion have bestowed on our Nation, may we erans benefits, and other programs, be- dollars a year would pay Social Secu- embrace the opportunity to build a bet- cause we overstate inflation in the CPI. rity tax on all of his or her income, we ter world beyond our borders as well. Actually, particularly for seniors, add 50 years to the life of Social Secu- May all that we do this day be for the reverse is true. The consumer price rity. That’s about as far as you can Your greater honor and glory. index, as measured, significantly un- measure it into the future. Amen. derstates inflation that impacts sen- If they wanted to save Social Secu- f iors because seniors have a different rity, if that’s what the White House is buying pattern than 20-year-olds. up to, if that’s what the Republicans THE JOURNAL They’re not out buying the latest are up to, it’s a much better way to do The SPEAKER pro tempore. The iPhone. They’re buying a lot of medical it without penalizing seniors. But Chair has examined the Journal of the care, going up much faster than meas- that’s not really what it’s about. It’s to last day’s proceedings and announces ured inflation, pharmaceuticals going take a program, Social Security, which to the House his approval thereof. up at phenomenal, obscene rates. Hous- is self-funding, doesn’t draw on the Pursuant to clause 1, rule I, the Jour- ing, energy, and all those things make general fund, doesn’t create any def- nal stands approved. up a bigger percentage of their budget icit, it’s to take money from Social Se- f in retirement. curity and use it elsewhere to plug For years, I have proposed legislation holes in our budget. PLEDGE OF ALLEGIANCE to accurately measure the cost of liv- That’s not right. It’s the highest tax The SPEAKER pro tempore. Will the ing for seniors, which actually would paid by many American workers to the gentleman from South Carolina (Mr. increase their annual cost-of-living ad- Federal Government. Almost half of WILSON) come forward and lead the justments. But now come the White workers pay more in Social Security House in the Pledge of Allegiance. House and the Republicans to say we’re taxes, particularly the self-employed, Mr. WILSON of South Carolina led overstating inflation. Let’s just use than they do income taxes to the Fed- the Pledge of Allegiance as follows: chained CPI, it doesn’t matter, it’s all eral Government. And if you earn over I pledge allegiance to the Flag of the about substitution. If they can’t afford $112,000 a year, your tax rate goes United States of America, and to the Repub- beef, they’ll do chicken; if they can’t down. If you get $1,200,000, your tax lic for which it stands, one nation under God, do chicken, they’ll do pasta; if they rate is one-tenth that of someone who indivisible, with liberty and justice for all. can’t do pasta, they’ll buy dog food; if earns $50,000 a year; $12 million, one f they can’t afford that, they’ll starve. one-hundredth; and those billionaires That’s kind of the bottom line of these are paying less than 1 second’s wages WE NEED A FAIRER, SIMPLER TAX pointy-headed economists out there on in Social Security taxes. CODE how these sort of weird theories work. If you want to fix the program, lift (Mr. WILSON of South Carolina Here’s a graphic that demonstrates the cap and make everybody pay the asked and was given permission to ad- this a little better. This shows for a re- same percentage of their income into dress the House for 1 minute and to re- tired single woman, widowed or other- Social Security, but don’t pretend by vise and extend his remarks.)

VerDate Mar 15 2010 02:02 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.002 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H1997 Mr. WILSON of South Carolina. Mr. bring legislation to the House floor to reflected in a record of performance, Speaker, today is tax day. This year, reduce gun violence. including awards in regional forensic millions of Americans spent more time We cannot let some in Congress block and theater competitions, spelling than ever before preparing their taxes action. We all deserve a vote. bees, and Academic Challenge Bowls. as a result of ObamaCare’s 21 new tax f From humble beginnings in 1949, to increases, which added up to more than OUR TAX SYSTEM IS BROKEN this day, Hopwood has served a vital $1 trillion, destroying jobs. role in the lives of our students and our The Tax Code is extremely complex, (Mr. RICE of South Carolina asked communities. I have great confidence with over 4 million words, and is com- and was given permission to address the school will continue to distinguish prised of over 74,000 pages. House Re- the House for 1 minute and to revise itself in the years to come. publicans understand that we need to and extend his remarks.) Congratulations to the Hopwood reform the Tax Code to make it more Mr. RICE of South Carolina. Mr. Hilitais. Speaker, this week, as hardworking fair and simple. f Our budget proposal, the Path to Americans across the country submit Prosperity, not only repeals their tax returns, we are all reminded FLAWED IMMIGRATION PROPOSAL of the heavy burden placed upon all ObamaCare and the job-destroying (Mr. SMITH of Texas asked and was taxpayers by our country’s broken tax taxes associated with it, it also reforms given permission to address the House system. our Tax Code to encourage new jobs by for 1 minute and to revise and extend Like a snowball rolling down a hill, small businesses. By simplifying our his remarks.) the United States Tax Code has grown Tax Code, closing loopholes, and low- Mr. SMITH of Texas. Mr. Speaker, and bloated itself over time, resulting ering rates, small businesses will be the Senate’s immigration proposal con- in an avalanche of overregulation com- able to begin hiring again and increase tains a fatal flaw. It legalizes almost ing down on the heads of American tax- wages for American workers. everyone in the country illegally, am- The Presidential and Senate budget payers. There have been over 4,400 changes to nesty, before it secures the border. plans keep ObamaCare taxes in place the Tax Code in the last decade alone. As a result, the Senate proposal and advocate for billions in new taxes. That averages to more than one per issues an open invitation to enter the Raising taxes takes money from small day. Is it any surprise, then, that the country illegally. Millions more will do businesses and destroys jobs. United States boasts more tax pre- so before the border is secure. The Sen- I encourage the Senate and the Presi- parers than we do police officers and ate proposal would dramatically in- dent to begin working with House Re- firefighters combined? crease illegal immigration. publicans to clean up the Tax Code, We’re facing a four-alarm tax emer- The non-partisan Government Ac- rather than increasing regulations and gency in this country, and the House countability Office found that only 6 taxes that will destroy jobs. Republicans have a plan to address it. percent of the U.S.-Mexico border is In conclusion, God bless our troops, We stand committed to fundamental, under full control of the Border Patrol. and we will never forget September the comprehensive tax reform that makes And 40 percent of all illegal immi- 11th in the global war on terrorism. our Tax Code fairer and simpler for all grants are visa overstayers. Yet, the f Americans, a Tax Code that makes our Senate proposal legalizes almost every- HONORING THE VICTIMS OF THE corporations more competitive, that one in the country before a system is VIRGINIA TECH SHOOTING will stop the hemorrhaging of Amer- set up to identify the visa overstayers. ican jobs overseas and bring jobs back The Senate proposal amounts to am- (Mr. TIERNEY asked and was given nesty first, border security later, if permission to address the House for 1 to our shores. Tax reform would increase hard- ever. It is fatally flawed. minute.) Mr. TIERNEY. Mr. Speaker, today I working Americans’ take-home pay so f that they have more money to live on, rise to remember the tragic shooting at b 1410 Virginia Tech. Seven years ago tomor- instead of the government having more TAX REFORM II row our country lost more than 30 of their money to spend. Mr. Speaker, that’s what American lives, many of them college students (Mr. WENSTRUP asked and was taxpayers deserve. with their entire future stretching out given permission to address the House before them. f for 1 minute.) One of those students was Ross CONGRATULATING HOPWOOD JUN- Mr. WENSTRUP. It’s that time of Alameddine, who lived in Saugus, IOR HIGH SCHOOL ON ITS 50TH year again. Folks back in my district which is in my district. He was loved ANNIVERSARY and all across America have had to by his family and friends, and is re- (Mr. SABLAN asked and was given part ways with our hard-earned money membered by countless more. I’ve had permission to address the House for 1 as we send our taxes off to Washington. the honor to talk with his mother, minute and to revise and extend his re- How long did it take you just to figure Lynnette Alameddine, and have seen, marks.) out the complicated tax forms and get firsthand, how she has turned her sor- Mr. SABLAN. Mr. Speaker, 50 years everything together just to file your row into action, working to prevent ago, the first school to offer secondary returns? It takes the average American other tragedies like the one that took education in the Northern Mariana Is- 13 hours. Not the best use of your time, her child, and to protect all of our chil- lands was officially named Hopwood is it? But, then, it’s not hard to imag- dren, our sons and daughters. Junior-Senior High School, in honor of ine when you consider that our Tax And she’s not alone. In recent Admiral Herbert Gladstone Hopwood, Code contains over 70,000 pages of regu- months we’ve seen the strength of commander-in-chief of the Pacific lations. moms and dads across the country. Fleet. That’s not the tax system that our Americans were mobilized in joining In 1969, when a senior high school fellow Americans deserve. We need a together to demand action, to ensure opened, the name was shortened to Tax Code that is fairer and simpler for that Congress passes responsible legis- Hopwood Junior High School. But the everyone—families, students, business lation to reduce gun violence. school itself expanded. It now has the owners, and all hardworking taxpayers. In my district alone, some 500 people second-largest student body of any That’s the kind of comprehensive tax in the last few days have joined me on- Northern Marianas school, serving reform that the House Republicans line to demand action on commonsense nearly 1,200 young scholars. want to enact. legislation. Through my Web site, Facilities expanded to vocational f Facebook, and Twitter, hundreds of education buildings; an alternative parents and grandparents and students school, Lina’la Malawasch Academy; TAXES AND THE BUDGET have added their names to the hun- and a performing arts building. (Ms. FOXX asked and was given per- dreds of thousands of voices across the Hopwood’s motto is: ‘‘We Make Every mission to address the House for 1 country calling on Speaker BOEHNER to Day the Best.’’ This upbeat attitude is minute.)

VerDate Mar 15 2010 02:02 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.005 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H1998 CONGRESSIONAL RECORD — HOUSE April 15, 2013 Ms. FOXX. National taxpayer advo- SEC. 2. GOVERNMENT ACCOUNTABILITY OFFICE (d) AGENCY REPORTS.—Section 720(b) of cate Nina E. Olson lists ‘‘complexity in IMPROVEMENT. title 31, United States Code, is amended— (a) AUTHORITY TO OBTAIN INFORMATION.— the Tax Code’’ as ‘‘the number one (1) in the matter preceding paragraph (1), (1) AUTHORITY TO OBTAIN RECORDS.—Section most serious problem facing tax- by inserting ‘‘or planned’’ after ‘‘action 716 of title 31, United States Code, is amend- taken’’; and payers.’’ At about 4 million words in ed in subsection (a)— (2) by striking paragraph (1) and inserting length, it’s not hard to see why. Our (A) by striking ‘‘(a)’’ and inserting ‘‘(2)’’; the following: Tax Code is four times wordier than and ‘‘(1) the Committee on Homeland Security the Bible, minus the grace and mercy. (B) by inserting after the section heading and Governmental Affairs of the Senate, the It’s so complex and intimidating that the following: Committee on Oversight and Government ‘‘(a)(1) The Comptroller General is author- 60 percent of Americans pay good Reform of the House of Representatives, the ized to obtain such agency records as the congressional committees with jurisdiction money just to have someone else tell Comptroller General requires to discharge them how much the government is over the agency program or activity that is his duties (including audit, evaluation, and the subject of the recommendation, and the going to take from them. Families investigative duties), including through the Government Accountability Office before the spend more on taxes today than on bringing of civil actions under this section. 61st day after the date of the report; and’’. In reviewing a civil action under this sec- food, clothing, and housing combined. The SPEAKER pro tempore. Pursu- We should be working to lighten that tion, the court shall recognize the con- ant to the rule, the gentleman from burden. A simpler, fairer Tax Code will tinuing force and effect of the authorization in the preceding sentence until such time as California (Mr. ISSA) and the gen- help families save more and empower the authorization is repealed pursuant to tleman from (Mr. CUMMINGS) employers to pay their workers more law.’’. each will control 20 minutes. and create new jobs. A Tax Code that (2) COPIES.—Section 716(a) of title 31, GENERAL LEAVE doesn’t require taxpayers to own a se- United States Code, as amended by sub- cret decoder ring or hire a legal team is section (a), is further amended in the second Mr. ISSA. I ask unanimous consent the kind of reform we’re working on in sentence of paragraph (2) by striking ‘‘in- that all Members may have 5 legisla- the House of Representatives. A com- spect an agency record’’ and inserting ‘‘in- tive days within which to revise and spect, and make and retain copies of, an extend their remarks and include ex- monsense Tax Code will make the dif- agency record’’. ference in the lives of taxpayers, and traneous material on the bill under (b) ADMINISTERING OATHS.—Section 711 of consideration. that’s what this Congress should strive title 31, United States Code, is amended by toward. striking paragraph (4) and inserting the fol- The SPEAKER pro tempore. Is there objection to the request of the gen- f lowing: ‘‘(4) administer oaths to witnesses when tleman from California? RECESS auditing and settling accounts and, with the There was no objection. The SPEAKER pro tempore. Pursu- prior express approval of the Comptroller Mr. ISSA. Mr. Speaker, I yield myself ant to clause 12(a) of rule I, the Chair General, when investigating fraud or at- such time as I may consume. tempts to defraud the United States, or ir- declares the House in recess until ap- As you know, the Government Ac- regularity or misconduct of an employee or countability Office is a legislative proximately 5 p.m. today. agent of the United States.’’. Accordingly (at 2 o’clock and 12 min- (c) ACCESS TO CERTAIN INFORMATION.— branch agency that investigates how utes p.m.), the House stood in recess. (1) ACCESS TO CERTAIN INFORMATION.—Sub- the Federal Government spends tax- f chapter II of chapter 7 of title 31, United payer dollars. Often called the ‘‘con- States Code, is amended by adding at the end gressional ,’’ the GAO inves- b 1701 the following: tigates instances of waste, fraud, and AFTER RECESS ‘‘§ 721. Access to certain information abuse in the Federal Government. My ‘‘(a) No provision of the Social Security committee has direct jurisdiction over The recess having expired, the House Act, including section 453(l) of that Act (42 was called to order by the Speaker pro the GAO. U.S.C. 653(l)), shall be construed to limit, Congress must have current informa- tempore (Mr. HOLDING) at 5 o’clock and amend, or supersede the authority of the 1 minute p.m. Comptroller General to obtain any informa- tion on how Federal programs are per- forming in order to both legislate and f tion or to inspect or copy any record under section 716 of this title. effectively conduct meaningful over- ANNOUNCEMENT BY THE SPEAKER ‘‘(b) No provision of the Federal Food, sight. PRO TEMPORE Drug, and Cosmetic Act, including section H.R. 1162, the GAO Improvement Act, 301(j) of that Act (21 U.S.C. 331(j)), shall be The SPEAKER pro tempore. Pursu- will enhance the GAO’s ability to serve construed to limit, amend, or supersede the Congress primarily by ensuring the ant to clause 8 of rule XX, the Chair authority of the Comptroller General to ob- will postpone further proceedings tain any information or to inspect or copy agency has access to key data today on motions to suspend the rules any record under section 716 of this title. warehoused in the executive branch. on which a recorded vote or the yeas ‘‘(c)(1) The Comptroller General shall pre- This bill ensures that the GAO has and nays are ordered, or on which the scribe such policies and procedures as are access to the National Directory of vote incurs objection under clause 6 of necessary to protect from public disclosure New Hires, which is used to verify eli- proprietary or trade secret information ob- gibility for Federal programs, to detect rule XX. tained consistent with this section. Record votes on postponed questions ‘‘(2) Nothing in this section shall be con- or prevent fraud, and to identify im- will be taken later. strued to— proper payments. f ‘‘(A) alter or amend the prohibitions H.R. 1162 will ensure the GAO has the against the disclosure of trade secret or ability to obtain agency records and to GOVERNMENT ACCOUNTABILITY other sensitive information prohibited by administer oaths to witnesses when au- OFFICE IMPROVEMENT ACT section 1905 of title 18 and other applicable diting accounts and investigating Mr. ISSA. Mr. Speaker, I move to laws; or fraud. suspend the rules and pass the bill ‘‘(B) affect the applicability of section It will allow the Comptroller General 716(e) of this title, including the protections (H.R. 1162) to amend title 31, United against unauthorized disclosure contained in to seek judicial remedy to enforce States Code, to make improvements in that section, to information obtained con- GAO’s right to information under the the Government Accountability Office, sistent with this section. law. as amended. ‘‘(d) Specific references to statutes in this GAO has an exemplary record of pro- The Clerk read the title of the bill. section shall not be construed to affect ac- tecting sensitive government informa- The text of the bill is as follows: cess by the Government Accountability Of- tion, including national security docu- fice to information under statutes that are H.R. 1162 ments. The committee is confident not so referenced.’’. that GAO, a nonpartisan portion of the Be it enacted by the Senate and House of Rep- (2) TECHNICAL AND CONFORMING AMEND- resentatives of the United States of America in MENT.—The table of sections for chapter 7 of legislative branch, will continue to vig- Congress assembled, title 31, United States Code, is amended by orously maintain confidentiality re- SECTION 1. SHORT TITLE. inserting after the item relating to section garding information it obtains. This Act may be cited as the ‘‘Government 720 the following: I want to note that the language in Accountability Office Improvement Act’’. ‘‘721. Access to certain information.’’. this bill was included in previous

VerDate Mar 15 2010 02:02 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.007 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H1999 versions of the DATA Act that was ap- GAO to administer oaths in certain cir- Mr. CUMMINGS. We have no further proved unanimously by the House in cumstances and specifically granting requests for time, and I yield back the the last Congress. GAO access to certain information. balance of my time. I want to additionally thank the Finally, Mr. Speaker, the bill creates Mr. ISSA. Then I think we both ask ranking member, Mr. CUMMINGS, for his a reporting mechanism so that Con- for favorable consideration, and I yield partnership in this issue. No matter gress will be more fully informed when back the balance of my time. which of us holds the gavel, we to- agencies do not cooperate with GAO. The SPEAKER pro tempore. The gether know that the information we I introduced similar legislation to question is on the motion offered by base our decisions on, the information this bill in the last Congress which the gentleman from California (Mr. critical to the American people, has a passed the House as a provision of H.R. ISSA) that the House suspend the rules balance of time that we must realize 2146, the DATA Act, to which it was and pass the bill, H.R. 1162, as amend- must be sooner and not later. added at my request. ed. The ranking member and I absolutely Again, I want to thank the chairman The question was taken. support this bill in its current form be- of the committee for his cooperation in The SPEAKER pro tempore. In the cause we know that fresh information getting the bill to the floor, and I urge opinion of the Chair, two-thirds being is critically important if we’re to make Members to pass H.R. 1162. in the affirmative, the ayes have it. With that, I reserve the balance of our decisions well timely. Mr. ISSA. Mr. Speaker, on that I de- With that, I reserve the balance of my time. Mr. ISSA. Mr. Speaker, I now will mand the yeas and nays. my time. The yeas and nays were ordered. Mr. CUMMINGS. Mr. Speaker, I yield place in the record a letter from the chairman of the Ways and Means Com- The SPEAKER pro tempore. Pursu- myself such time as I may consume. ant to clause 8 of rule XX, further pro- Mr. Speaker, I first just want to dedi- mittee supporting the bill, but recog- nizing that the primary jurisdiction ceedings on this motion will be post- cate a moment or two to our fellow poned. citizens up in Boston who are going over this database belongs to the Ways and Means Committee, and we are re- f through some very traumatic times sponding in the affirmative for that. right now. The fact that bombs have DISTRICT OF COLUMBIA CHIEF FI- gone off in Boston, that sadly there COMMITTEE ON WAYS AND MEANS, NANCIAL OFFICER VACANCY ACT have been fatalities and sadly many HOUSE OF REPRESENTATIVES, Washington, DC, April 15, 2013. Mr. ISSA. Mr. Speaker, I move to people have been injured, our prayers Hon. DARRELL ISSA, suspend the rules and pass the bill go out to our fellow citizens, to the Chairman, Committee on Oversight and Govern- (H.R. 1246) to amend the District of Co- first responders, and we pray that this ment Reform, Rayburn House Office Build- lumbia Home Rule Act to provide that matter will be resolved in a way that ing, Washington, DC. the District of Columbia Treasurer or brings anybody who brings harm to DEAR CHAIRMAN ISSA, On March 20, 2013, one of the Deputy Chief Financial Offi- anyone to justice. the Committee on Oversight and Govern- cers of the Office of the Chief Financial With that, Mr. Speaker, on the sub- ment Reform reported H.R. 1162, the Govern- ment Accountability Office Improvement Officer of the District of Columbia may ject of the bill, I rise in strong support Act, favorably to the House. Section 2, deal- perform the functions and duties of the of this bill. ing with authority to access the National Di- Office in an acting capacity if there is I want to associate myself with the rectory of New Hires in Section 453 of the So- a vacancy in the Office. words of our chairman, Mr. ISSA. This cial Security Act, touches the jurisdiction of The Clerk read the title of the bill. is truly indeed a bipartisan bill. As to the Committee on Ways and Means. As a re- The text of the bill is as follows: the contents of the bill, GAO assists sult of your having consulted with the Com- H.R. 1246 Congress in identifying waste, fraud, mittee concerning the provision of the bill that falls within our Rule X jurisdiction, I and abuse in Federal programs and rec- Be it enacted by the Senate and House of Rep- agree not to seek a sequential referral so resentatives of the United States of America in ommending ways to make government that the bill may proceed expeditiously to Congress assembled, work better. the House floor. SECTION 1. SHORT TITLE. Because of its vital role, GAO needs The Committee on Ways and Means takes This Act may be cited as the ‘‘District of this action with the mutual understanding unfetterred access to Federal agencies. Columbia Chief Financial Officer Vacancy that, by forgoing consideration of H.R. 1162 Efforts by executive branch officials to Act’’. withhold information from GAO unfor- at this time, we do not waive any jurisdic- tion over the subject matter contained in SEC. 2. AUTHORIZING DISTRICT OF COLUMBIA tunately impede Congress’ ability to this or similar legislation, and the Com- TREASURER OR DEPUTY CHIEF FI- legislate effectively. And I will say it NANCIAL OFFICER OF OFFICE OF mittee will be appropriately consulted and CHIEF FINANCIAL OFFICER OF THE over and over again, as long as I live, involved as the bill or similar legislation DISTRICT OF COLUMBIA TO SERVE we need to be effective and efficient in moves forward so that we may address any AS ACTING CHIEF FINANCIAL OFFI- everything we do on this Earth. This is remaining issues that fall within our Rule X CER IN EVENT OF VACANCY IN OF- an effort to make sure that we can be jurisdiction. The Committee also reserves FICE. just that, more effective and efficient. the right to seek appointment of an appro- (a) AUTHORIZING SERVICE IN ACTING CAPAC- The Government Accountability Of- priate number of conferees to any House- ITY IN EVENT OF VACANCY IN OFFICE.—Section Senate conference involving this or similar 424(b) of the District of Columbia Home Rule fice Improvement Act will increase the legislation, and requests your support for Act (sec. 1–204.24(b), D.C. Official Code) is effectiveness of GAO by clarifying and such request. amended by adding at the end the following strengthening its authority in several Finally, I would appreciate your response new paragraph: critical areas, including access to to this letter confirming this understanding, ‘‘(3) AUTHORIZING TREASURER OR DEPUTY records. and would ask that a copy of our exchange of CFO TO PERFORM DUTIES IN ACTING CAPACITY IN The GAO Improvement Act addresses letters on this matter be included in the EVENT OF VACANCY IN OFFICE.— a Federal court decision in Walker v. Congressional Record during floor consider- ‘‘(A) SERVICE AS CFO.— ation thereof. Cheney that limited GAO’s ability to ‘‘(i) IN GENERAL.—Except as provided in Sincerely, clause (ii), if there is a vacancy in the Office question agency access determinations DAVE CAMP, of Chief Financial Officer because the Chief in court. Chairman. Financial Officer has died, resigned, or is The bill provides the Comptroller Before I recognize the next speaker, I otherwise unable to perform the functions General, with express authority from would ask that the House take a mo- and duties of the Office— Congress, to pursue litigation if the ment to recognize the loss of life in ‘‘(I) the District of Columbia Treasurer Comptroller General determines that shall serve as the Chief Financial Officer in Boston as this tragedy continues to un- an acting capacity, subject to the time limi- the performance of her official duties is fold. harmed when an agency improperly tation of subparagraph (B); or withholds information. b 1710 ‘‘(II) the Mayor may direct one of the Dep- uty Chief Financial Officers of the Office re- The bill also clarifies GAO’s access to Mr. ISSA. Mr. Speaker, we have no ferred to in subparagraphs (A) through (D) of information in other key areas by con- further requests for time, and I am pre- subsection (a)(3) to serve as the Chief Finan- firming GAO’s right to make and re- pared to close unless there are further cial Officer in an acting capacity, subject to tain copies of records, authorizing the speakers on the other side. the time limitation of subparagraph (B).

VerDate Mar 15 2010 03:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.009 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2000 CONGRESSIONAL RECORD — HOUSE April 15, 2013 ‘‘(ii) EXCLUSION OF CERTAIN INDIVIDUALS.— Vacancies Reform Act and simply reaf- Columbia. The city may not obligate or Notwithstanding clause (i), an individual firms a logical sequence of who may be expend funds without the CFO’s ap- may not serve as the Chief Financial Officer considered to fill this vacancy for proval. Congress, apparently uninten- under such clause if the individual did not whatever period of time would be rea- tionally, created uncertainty regarding serve as the District of Columbia Treasurer or as one of such Deputy Chief Financial Of- sonable. Under our legislation, we rec- the Mayor’s authority to appoint an in- ficers of the Office of the Chief Financial Of- ognize that we also mirror the Federal terim CFO in the fiscal 2001 District of ficer (as the case may be) for at least 90 days statute for what is, in fact, a tem- Columbia Appropriations Act, which during the 1-year period which ends on the porary filling. added a 30-day congressional review date the vacancy occurs. I want to just close by thanking Del- and comment period before the ap- ‘‘(B) TIME LIMITATION.—A vacancy in the egate HOLMES NORTON. She brought pointment of a CFO takes effect. Office of the Chief Financial Officer may not this to us, realizing how critical it Now, when we passed the original be filled by the service of any individual in could be, and was the first to realize bill, there was not that comment pe- an acting capacity under subparagraph (A) that, if Dr. Gandhi had simply had a riod, and here is where we got the tech- after the expiration of the 210-day period nical flaw and Congress retained this which begins on the date the vacancy oc- car accident and had become infirmed, curs.’’. the same exact situation could have congressional review and comment pe- (b) CONFORMING AMENDMENT.—Section happened and could have been a crisis riod in its rewrite of the CFO statute 424(b)(2)(D) of such Act (sec. 1–204.24(b)(2)(D), during an August recess or some other in the 2005 District of Columbia Omni- D.C. Official Code) is amended by striking period of time in which Congress would bus Authorization Act. In the event of ‘‘Any vacancy’’ and inserting ‘‘Subject to have found itself unable to resolve it in a vacancy, this review and comment paragraph (3), any vacancy’’. a timely fashion. So I want to thank period could leave the District without (c) EFFECTIVE DATE.—The amendments a CFO for at least 30 days. made by this Act shall apply with respect to her for recognizing the potential before all others, and perhaps that’s the best While it could be argued that the vacancies occurring on or after the date of Mayor has the general authority to the enactment of this Act. justification for having a Delegate rep- resent the District of Columbia as she execute the laws and to administer the The SPEAKER pro tempore. Pursu- affairs of the District of Columbia, ant to the rule, the gentleman from has so well. I reserve the balance of my time. which may give the Mayor implicit au- California (Mr. ISSA) and the gentle- Ms. NORTON. Mr. Speaker, I yield thority to fill a vacancy in the Office of woman from the District of Columbia myself such time as I may consume. the CFO on an interim basis, this of- (Ms. NORTON) each will control 20 min- I begin by thanking the chairman, fice, after all, was created by the Con- utes. Chairman ISSA and, of course, Ranking gress. It would not be prudent to leave The Chair recognizes the gentleman Member CUMMINGS for so quickly un- doubt about the Mayor’s authority as from California. derstanding the importance of bringing to the only officer who can authorize GENERAL LEAVE this bill to the floor and for marking it spending for the District of Columbia. Mr. ISSA. Mr. Speaker, I ask unani- up expeditiously. We brought it to the The bill removes any possible doubt. mous consent that all Members may chairman and the ranking member Mr. Speaker, I urge my colleagues to have 5 legislative days within which to after they had completed the list for join me in supporting this bill, and I revise and extend their remarks and in- the markup, and they immediately rec- reserve the balance of my time. Mr. ISSA. I yield myself such time as clude extraneous materials on the bill ognized how important this bill was. I may consume. under consideration. May I also take this moment to I would like to join with my col- The SPEAKER pro tempore. Is there thank Chairman ISSA for his continued objection to the request of the gen- league, Ms. NORTON, in her comments partnership on legislation to improve just a moment ago. tleman from California? the efficiency and effectiveness of the There was no objection. District of Columbia, including budget b 1720 Mr. ISSA. Mr. Speaker, I yield myself autonomy, which got a boost this week The President recognizes that now is such time as I may consume. when President Obama included a leg- the time to work on a bipartisan basis As chairman of the committee with islative provision—that’s the first time on budget autonomy for the District, oversight and responsibility over the any President has ever included legis- recognizing that every year contracts District of Columbia, from time to lative language—to grant D.C. budget have to be let for teachers who will go time it comes to our attention that the autonomy in his budget. to work in late August and early Sep- Home Rule Act and other legislation This legislation is a whole lot more tember, but in fact they often do not that has governed the Federal City straightforward but is highly technical know what their budget is going to be needs to be updated. In this case, be- and could have been overlooked. The on October 1. So this is another area cause of the work of Delegate HOLMES District of Columbia Chief Financial where I think Ms. NORTON and I find NORTON, we became aware of a poten- Officer Vacancy Act is, however, an im- ourselves prepared to bring legislation tially dangerous flaw within existing portant example of Chairman ISSA’s in a timely fashion that deals with the law. commitment to assist the District of need to make sure that the taxes raised On February 1, Dr. Gandhi, the long- Columbia in improving and safe- within the District of Columbia by the standing District of Columbia chief fi- guarding its vital operations. people of the District of Columbia can nancial officer, announced that he will The bill, based on the Federal Vacan- in fact be put toward those essential, retire on June 1. Subsequently, Ms. cies Reform Act of 1998, is intended to important services that are paid for by NORTON and the Mayor both began to clarify the authority of the Mayor of the taxes of the people of the District. realize that, if they did not have a full- the District of Columbia to fill a va- So although that isn’t directly re- time and confirmed replacement by cancy in the Office of the Chief Finan- lated to today’s legislation, I think it’s June 1, they would be without the au- cial Officer on an interim basis. Under critical that we as the ultimate stew- thority to write checks; they would be the bill, if there is a vacancy in the Of- ards of the Federal city recognize that without a requirement that makes the fice of the CFO because the CFO has we cannot run the Federal city, we city physically work. This has been a died or resigned or has otherwise be- cannot budget the Federal city, we flaw for a very long time. No city, no come unable to perform the functions cannot in fact do what mayors and city State, no government should have a and duties of the office, under this bill, councils do as well as they do. So al- single individual critical to the dis- patterned after Federal legislation, the though I share with my colleagues that bursement and consideration of their D.C. treasurer becomes the acting CFO it is a responsibility the Constitution just debts; but that is, in fact, the way unless the Mayor appoints a deputy gives us, I join with my colleague, Ms. the law was written. CFO to serve as the acting CFO. In ei- NORTON, in saying that we will live up This bill very narrowly but essen- ther case, there may not be an acting to the President’s request in the budg- tially—and, if I may say, it’s long over- CFO for more than 210 days. et; we will offer legislation from our due—recognizes that there has to be a The CFO, an independent official cre- committee in the next month or so, so succession plan, a capability to fill va- ated by Congress, oversees all of the fi- that long before the passage of appro- cancies. H.R. 1246 parallels the Federal nancial operations of the District of priations we once again have a piece of

VerDate Mar 15 2010 02:36 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A15AP7.008 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2001 legislation before this committee that sible for the financial operations of the plified acquisition threshold unless the deals with a long overdue reform to the District. prospective contractor or grantee cer- Home Rule Act, and I reserve the bal- While the Mayor, as the official re- tifies in writing to the agency award- ance of my time. sponsible for executing the laws of the ing the contract or grant that the con- Ms. NORTON. May I thank the chair- District, may have implied authority tractor or grantee has no seriously de- man for his remarks concerning budget under current law to appoint an acting linquent tax debts, and for other pur- autonomy. Many in the District see chief financial officer, this bill erases poses, as amended. budget autonomy as simply a right be- any doubt about the Mayor’s authority The Clerk read the title of the bill. cause it is a local budget; and, of to appoint an acting CFO. The text of the bill is as follows: course, the Congress had nothing to do That is so very important. The Dis- H.R. 882 with raising the funds in that budget. trict’s strong credit rating is attrib- Be it enacted by the Senate and House of Rep- The chairman had a hearing where he utable in no small part to the Office of resentatives of the United States of America in listened to the ramifications and ef- the Chief Financial Officer, and it is Congress assembled, fects of bringing a local budget to a important that there be no confusion SECTION 1. SHORT TITLE. body that, even in the best of times, is about the office’s ability to expend This Act may be cited as the ‘‘Contracting surrounded by great uncertainty; and funds. and Tax Accountability Act of 2013’’. he heard the experience of the pen- Finally let me say this. I agree with SEC. 2. GOVERNMENTAL POLICY. alties that the District incurs in its the gentlelady, with her comments, It is the policy of the United States Gov- bond rating which otherwise would be ernment that no Government contracts or with regard to her comments with re- grants should be awarded to individuals or perhaps the best in the country be- gard to the chairman of the committee. companies with seriously delinquent Federal cause the District has such a large re- He has shown strong support for this tax debts. serve, unusual in these times. And he autonomy that she is talking about, SEC. 3. DISCLOSURE AND EVALUATION OF CON- heard about our budget year, which is the autonomy that the residents of the TRACT OFFERS FROM DELINQUENT timed to begin with the congressional District of Columbia richly deserve; FEDERAL DEBTORS. budget year; whereas, every other ju- and hopefully we will be able to move (a) IN GENERAL.—The head of any executive risdiction in the United States begins agency that issues an invitation for bids or a this ball forward so that when we look request for proposals for a contract in an its fiscal year in July timed to their at the end of our tenure, if not before, amount greater than the simplified acquisi- own children and the opening of school. we will be able to say that we were able tion threshold shall require each person that And he heard about the difficulties of to accomplish it and get it done. submits a bid or proposal to submit with the running a large city government and of So I applaud the chairman for his bid or proposal a form— the shutdown preparations we’ve had foresight. I definitely support him in (1) certifying that the person does not have to make because our budget is tied to his efforts with regard to that issue. a seriously delinquent tax debt; and the federal budget. And to this issue, by the way, because (2) authorizing the Secretary of the Treas- The District of Columbia did not ury to disclose to the head of the agency in- this issue here that we are dealing with formation limited to describing whether the lobby the chairman. He is an astute ob- today, clearly, we had a situation person has a seriously delinquent tax debt. server, not only of the District of Co- where there was a hole that needed to (b) IMPACT ON RESPONSIBILITY DETERMINA- lumbia, but of how money is managed, be closed so that there would be clar- TION.—The head of any executive agency, in and he himself came forward with the ity. And through your foresight, Ms. evaluating any offer received in response to notion that the local budget ought to NORTON, and certainly the foresight of a solicitation issued by the agency for bids be with local residents. It seems to me the D.C. Government, we now are able or proposals for a contract, shall consider a to be a particularly thoughtful pro- to close that so there is no ambiguity certification that the offeror has a seriously posal when you consider that Congress, delinquent tax debt to be definitive proof whatsoever. that the offeror is not a responsible source as in bills and various provisions that Mr. Speaker, I urge my colleagues to defined in section 113 of title 41, United have been offered, still would have the join me in supporting this bill, and States Code. final authority over the budget. Here thank the gentlelady for yielding to (c) DEBARMENT.— we have a situation where Congress me. (1) REQUIREMENT.—Except as provided in would lose nothing, but the District Ms. NORTON. Mr. Speaker, I have no paragraph (2), the head of an executive agen- would gain what we would in the Dis- further speakers, but I do want to cy shall initiate a suspension or debarment proceeding against a person after receiving trict would call almost everything. thank the ranking member for his very With that, I’m pleased to yield such an offer for a contract from such person if— vigorous and important remarks on (A) such offer contains a certification (as time as he may consume to the gen- this bill, and for his great assistance to required under subsection (a)(1)) that such tleman from Maryland (Mr. CUMMINGS), me on this bill and on budget auton- person has a seriously delinquent tax debt; the ranking member who has been so omy and many other issues. or helpful to me on this and other mat- I yield back the balance of my time. (B) the head of the agency receives infor- ters. Mr. ISSA. Mr. Speaker, I urge all mation from the Secretary of the Treasury Mr. CUMMINGS. Mr. Speaker, I want Members to join with me in support of (as authorized under subsection (a)(2)) dem- to first of all say to Ms. NORTON, I want H.R. 1246. This bill under consideration onstrating that such a certification sub- to thank you for your vigilance and mitted by such person is false. is critical and timely. (2) WAIVER.—The head of an executive thank you for staying on the case. No I yield back the balance of my time. agency may waive paragraph (1) with respect matter how history will be written The SPEAKER pro tempore. The to a person based upon a written finding of about the District of Columbia, it must question is on the motion offered by urgent and compelling circumstances signifi- be said that you have, over and over the gentleman from California (Mr. cantly affecting the interests of the United again, stood up for the District, trying ISSA) that the House suspend the rules States. If the head of an executive agency to make sure that it has the autonomy and pass the bill, H.R. 1246. waives paragraph (1) for a person, the head of that it deserves, which is simply right, The question was taken; and (two- the agency shall submit to Congress, within and we thank you very much for those 30 days after the waiver is made, a report thirds being in the affirmative) the containing the rationale for the waiver and efforts. rules were suspended and the bill was relevant information supporting the waiver As ranking member of the House passed. decision. Oversight and Government Reform A motion to reconsider was laid on (d) RELEASE OF INFORMATION.—The Sec- Committee, I rise in strong support of the table. retary of the Treasury, in consultation with this important legislation. The District f the Director of the Office of Management of Columbia Chief Financial Officer Va- and Budget, shall make available to all exec- cancy Act would give the D.C. Mayor CONTRACTING AND TAX utive agencies a standard form for the au- the express authority to appoint an ACCOUNTABILITY ACT OF 2013 thorization described in subsection (a). (e) REVISION OF REGULATIONS.—Not later acting chief financial officer in the Mr. ISSA. Mr. Speaker, I move to than 270 days after the date of enactment of event of a vacancy in the Office of the suspend the rules and pass the bill this subsection, the Federal Acquisition Reg- Chief Financial Officer, an independent (H.R. 882) to prohibit the awarding of a ulation shall be revised to incorporate the office created by Congress and respon- contract or grant in excess of the sim- requirements of this section.

VerDate Mar 15 2010 02:36 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.015 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2002 CONGRESSIONAL RECORD — HOUSE April 15, 2013 SEC. 4. DISCLOSURE AND EVALUATION OF if such corporation has an officer or a share- being an agent and, in fact, recognizes GRANT APPLICATIONS FROM DELIN- holder who— that those who do not make good on QUENT FEDERAL DEBTORS. (i) holds 50 percent or more, or a control- (a) IN GENERAL.—The head of any executive their taxes may, in fact, be seen as eli- ling interest that is less than 50 percent, of gible for potential suspension or debar- agency that offers a grant in excess of an the outstanding shares of corporate stock in amount equal to the simplified acquisition that corporation; and ment. threshold shall require each person applying (ii) has a seriously delinquent tax debt. Federal contractors, for the most for a grant to submit with the grant applica- (2) EXECUTIVE AGENCY.—The term ‘‘execu- part, do comply and they do comply tion a form— tive agency’’ has the meaning given such very well. But I believe that what Ms. (1) certifying that the person does not have term in section 133 of title 41, United States SPEIER and Chairman CHAFFETZ have a seriously delinquent tax debt; and Code. done is recognize that we must have (2) authorizing the Secretary of the Treas- (3) SERIOUSLY DELINQUENT TAX DEBT.— ury to disclose to the head of the executive zero tolerance for people who, even (A) IN GENERAL.—The term ‘‘seriously de- after being recognized, and who are se- agency information limited to describing linquent tax debt’’ means an outstanding whether the person has a seriously delin- riously behind and delinquent, con- Federal debt under the Internal Revenue tinue to resist paying their just taxes. quent tax debt. Code of 1986 for which a notice of lien has (b) IMPACT ON DETERMINATION OF FINANCIAL Again, often these taxes have noth- been filed in public records pursuant to sec- STABILITY.—The head of any executive agen- tion 6323 of such Code. ing to do with a debate about income cy, in evaluating any application for a grant (B) EXCEPTIONS.—Such term does not in- tax but, rather, withholding that sim- offered by the agency, shall consider a cer- clude— ply wasn’t done. These kinds of con- tification that the grant applicant has a seri- (i) a debt that is being paid in a timely tractors are, by definition, the ones ously delinquent tax debt to be definitive manner pursuant to an agreement under sec- proof that the applicant is high-risk and, if also likely to not live up to the high tion 6159 or section 7122 of such Code; and the applicant is awarded the grant, shall standard that the taxpayers expect by (ii) a debt with respect to which a collec- take appropriate measures under guidelines our contractors. tion due process hearing under section 6330 issued by the Office of Management and With that, I reserve the balance of of such Code, or relief under subsection (a), Budget for enhanced oversight of high-risk my time. (b), or (f) of section 6015 of such Code, is re- grantees. Mr. CUMMINGS. Mr. Speaker, I yield quested or pending. (c) DEBARMENT.— myself such time as I may consume. (1) REQUIREMENT.—Except as provided in SEC. 6. EFFECTIVE DATE. This Act shall apply with respect to con- Mr. Speaker, I want to, first of all, paragraph (2), the head of an executive agen- thank Congressman CHAFFETZ and Con- cy shall initiate a suspension or debarment tracts and grants awarded on or after the gresswoman SPEIER for introducing proceeding against a person after receiving a date occurring 270 days after the date of the grant application from such person if— enactment of this Act. this very, very important piece of leg- (A) such application contains a certifi- The SPEAKER pro tempore. Pursu- islation. And I rise in strong support of cation (as required under subsection (a)(1)) ant to the rule, the gentleman from H.R. 882, the Contracting and Tax Ac- that such person has a seriously delinquent California (Mr. ISSA) and the gen- countability Act. tax debt; or tleman from Maryland (Mr. CUMMINGS) This bill is very similar to legislation (B) the head of the agency receives infor- each will control 20 minutes. passed by the House in the 110th Con- mation from the Secretary of the Treasury The Chair recognizes the gentleman gress, and I supported it then, and I (as authorized under subsection (a)(2)) dem- from California. surely support it now. The bill enjoys onstrating that such a certification sub- bipartisan support. It is noncontrover- mitted by such person is false. GENERAL LEAVE sial. Last month it was considered by (2) WAIVER.—The head of an executive Mr. ISSA. Mr. Speaker, I ask unani- agency may waive paragraph (1) with respect mous consent that all Members may the Oversight Committee and passed to a person based upon a written finding of have 5 legislative days within which to unanimously. urgent and compelling circumstances signifi- revise and extend their remarks and in- GAO has reported that government cantly affecting the interests of the United clude extraneous material on the bill contractors owed more than $5 billion States. If the head of an executive agency under consideration. in unpaid Federal taxes in 2004 and waives paragraph (1) for a person, the head of The SPEAKER pro tempore. Is there 2005. Unpaid tax, taxes owed by con- the agency shall submit to Congress, within tractors, included payroll taxes as well 30 days after the waiver is made, a report objection to the request of the gen- tleman from California? as corporate income taxes. containing the rationale for the waiver and GAO has also found that some con- relevant information supporting the waiver There was no objection. tractors with unpaid tax debts are re- decision. b 1730 (d) RELEASE OF INFORMATION.—The Sec- peat offenders that have failed to pay retary of the Treasury, in consultation with Mr. ISSA. Mr. Speaker, I yield myself their taxes over many years, including, the Director of the Office of Management such time as I may consume. in one case, for almost 20 years. and Budget, shall make available to all exec- H.R. 882, the Contracting and Tax Ac- H.R. 882 would allow the Federal utive agencies a standard form for the au- countability Act of 2013, is, in fact, a Government to ensure that contractors thorization described in subsection (a). broadly bipartisan bill introduced by seeking to do business with the Federal (e) REVISION OF REGULATIONS.—Not later Mr. CHAFFETZ of Utah and Ms. SPEIER than 270 days after the date of the enactment Government have paid their taxes be- of this section, the Director of the Office of of California. They recognize that, in fore they can receive a Federal con- Management and Budget shall revise such fact, contractors and, in a companion tract. regulations as necessary to incorporate the bill, individual Federal employees have The Federal Acquisition Regulation requirements of this section. a high standard, a high responsibility, was revised in 2008 to require contrac- SEC. 5. DEFINITIONS AND SPECIAL RULES. and one of the least of those respon- tors to certify that they do not owe a For purposes of this Act: sibilities is to pay their taxes in a delinquent tax debt to the Federal Gov- (1) PERSON.— timely fashion. ernment. The bill builds on that re- (A) IN GENERAL.—The term ‘‘person’’ in- Sadly, we discover that, on occa- quirement by providing Federal agen- cludes— sions, we find ourselves with contrac- (i) an individual; cies the means to verify contractors’ (ii) a partnership; and tors who have not met that responsi- claims. (iii) a corporation. bility. Most often, those contractors, The legislation will also ensure that (B) EXCLUSION.—The term ‘‘person’’ does by not meeting that responsibility, responsible contractors no longer have not include an individual seeking assistance may have, in fact, not deposited the to compete with tax delinquents. through a grant entitlement program. withholding of the very workers who Mr. Speaker, I urge my colleagues to (C) TREATMENT OF CERTAIN PARTNER- are working on our behalf. support this important piece of legisla- SHIPS.—A partnership shall be treated as a This kind of irresponsible behavior, tion in order to preserve the fairness in person with a seriously delinquent tax debt although not always found, is found the contracting process. if such partnership has a partner who— often enough that GSA contractors are I also take a moment to salute our (i) holds an ownership interest of 50 per- chairman, Mr. ISSA, for making sure cent or more in that partnership; and estimated to owe over $3 billion in (ii) has a seriously delinquent tax debt. taxes that are in arrears, and nearly that this bill reached the floor. And so (D) TREATMENT OF CERTAIN CORPORA- $1.4 billion seriously in arrears. with that, we will now be able to ad- TIONS.—A corporation shall be treated as a The bill makes tax compliance both a dress some of these deadbeat contrac- person with a seriously delinquent tax debt prerequisite for receiving a contract or tors.

VerDate Mar 15 2010 02:36 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A15AP7.004 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2003 I reserve the balance of my time. This is a good piece of legislation. So this bill will ensure that taxpayer Mr. ISSA. Mr. Speaker, it’s now my H.R. 882 establishes the process dollars due today only go to respon- honor to yield such time as he may through which persons with serious de- sible contractors who do not have sig- consume to the gentleman from Utah linquent Federal tax debts may be pro- nificant debts to the Federal Govern- (Mr. CHAFFETZ), the author of this bill, hibited from receiving Federal con- ment. This bill will make it clear to all a champion for accountability of the tracts and grants. The legislation is de- contracting officials: no more tax Federal workforce and Federal con- signed to mandate that tax compliance money for deadbeat contractors. tractors. be a prerequisite for receiving a Fed- b 1740 Mr. CHAFFETZ. Mr. Speaker, I eral contract or a grant. thank Chairman ISSA for his As the chairman knows, the Federal As it stands, delinquent contractors unyielding support in pursuit of good Acquisition Regulation, known as the are not only eligible for future con- government. And I thank him for his FAR, was revised in 2008 to require tracts, but they actually get them. support of this piece of legislation contractors to certify they do not have With one of the largest budgets in the moved forward. delinquent tax debt to the Federal Gov- Federal Government, the Defense De- I also thank Ranking Member CUM- ernment. Under the FAR revision, if a partment already has a reputation for MINGS, in working with him and his contractor is delinquent, then the letting contractors fleece taxpayers. staff, and certainly with Representa- standard Government-wide suspension And to underscore this point, when the tive SPEIER, who also shares his pas- and debarment process occurs in order Defense Department needed a new PR sion of making sure that contractors to hold the contractor accountable. contractor, they settled on a company are held responsible for their actions. H.R. 882 would, in essence, codify that still owed $4 million in taxes. How Mr. Speaker, today, tens of millions that regulation and provide a means to can we allow that to happen? of individuals and corporations all verify the contractor’s certification. Another company that owed the Fed- across America will file their Federal The legislation also provides broad ex- eral Government a million dollars in tax returns and pay back any money ceptions for debts being paid in a time- taxes was paid an additional million they owe the Federal Government. ly manner, and debts to which a due dollars as a contractor from the De- However, unfortunately, Mr. Speak- process hearing has been requested or partment of Defense. Instead of using er, there will be some who fail to meet is pending. the money to pay back the govern- this obligation and simply refuse to Like the Federal Employee Tax Ac- ment, what did he do with the money? pay the taxes they owe. countability Act, to be considered He bought a boat, some cars, and a This legislation, H.R. 882, the Con- next, this legislation is meant to affect home overseas. tracting and Tax Accountability Act, those thumbing their nose at Uncle Even the IRS, the agency responsible has a very simple purpose: to prohibit Sam and the United States of America. for collecting our taxes, has fallen companies with serious delinquent Fed- The Government Accountability Of- down on the job of making sure that eral tax debts from doing business with fice, the GAO, has reported that gov- our taxpayer dollars only go to con- the Federal Government and receiving ernment contractors owe over $5 bil- tractors who have paid them. The In- new Federal contracts. Since Federal lion in unpaid Federal taxes. Many of spector General found the IRS gave 11 contractors draw compensation and the contractors have repeatedly failed companies $356 million in contracts de- funding from taxpayer dollars, we must to fulfill their tax obligations and have spite owing millions of dollars them- delinquencies that have extended over ensure that they are complying with selves. multiple tax periods. So the question is, Why would we re- existing laws and paying their own GAO even identified instances in ward scofflaws? taxes. which companies that are delinquent in Let’s get this done this year. And I Mr. Speaker, just last month this their taxes have won contracts by sub- would suggest to my colleagues on the legislation passed through the Over- mitting lower offers than companies other side of the aisle if in fact the sight and Government Reform Com- that comply with their tax obligations, Senate is the logjam, if that’s what is mittee by voice vote, and it is identical giving them an undue advantage. going to prevent this from taking ef- to legislation that also unanimously Those who consciously ignore the fect, let’s co-write a letter to the Presi- passed the committee last Congress. channels in place to fulfill their tax ob- dent of the United States and ask him Going back a little further, Mr. ligations must be held accountable, under his powers of executive order to Speaker, in both the 110th and the and they must play on the same even take the steps necessary to put this in 111th Congress, former Congressman playing field. This legislation will do place so that we don’t continue to have Brad Ellsworth of Indiana introduced just that. contractors who do not pay their taxes very similar versions of this bill. And I urge my colleagues to join me in getting rewarded with contracts by the in the 110th Congress, the legislation supporting this commonsense, bipar- Federal Government. passed the House again by voice vote. tisan piece of legislation. I again thank Mr. ISSA. Mr. Speaker, at this time It begs the question what’s hap- Chairman ISSA for his support, as well I have no further requests for time, and pening over there in the United States as Ranking Member CUMMINGS. I reserve the balance of my time. Senate, but we will continue to pursue Mr. CUMMINGS. Mr. Speaker, I yield Mr. CUMMINGS. Mr. Speaker, how this to make sure this legislation 3 minutes to the gentlewoman from much time do I have remaining? passes. California (Ms. SPEIER), the cosponsor The SPEAKER pro tempore. The gen- Also back in the 110th Congress, of this legislation. tleman has 141⁄2 minutes remaining. then-Senator sponsored Ms. SPEIER. Mr. Speaker, I want to Mr. CUMMINGS. Mr. Speaker, I yield the Senate companion, Contractor and thank the ranking member for allot- 3 minutes to the gentlelady from Wash- Tax Accountability Act, to Congress- ting me some time to speak on this ington, D.C. (Ms. NORTON). man Ellsworth’s legislation but, unfor- bill, and to our chairman, Mr. ISSA, for Ms. NORTON. Mr. Speaker, I just tunately, the legislation did not moving this bill forward, and to my wanted to thank Mr. CHAFFETZ and Mr. progress in either Chamber then. colleague, Mr. CHAFFETZ from Utah, ISSA for this bill. As President, Mr. Obama has contin- who is the author of this measure. Initially, there was a bill involving ued to fight for the contractors to be Imagine what our constituents are only Federal employees. And we had a held accountable. I concur with the thinking right now. Imagine if they concern that often when bills come for- President on this issue. This is bipar- really knew that while they’re scur- ward for Federal employees, they are tisan. rying around trying to get their tax re- not bills that recognize the substantial We’re going to lead and spearhead turns filed on time and making sure funds that contractors receive. And this effort here in the House of Rep- they have adequate funds in their ac- Chairman ISSA and Chairman resentatives and make sure that it be- counts to write out that check, that CHAFFETZ looked closely at it and now comes law, but the United States Sen- there are corporations in this country have come forward with a contractor’s ate is going to actually have to step up that continue to get contracts from the bill as well. and do something at some point in life, United States of America, even though I do want to say in light of the fact Mr. Speaker. they don’t pay their taxes. that I’m going to oppose the next bill—

VerDate Mar 15 2010 02:36 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.019 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2004 CONGRESSIONAL RECORD — HOUSE April 15, 2013 and I do believe there’s a difference be- The SPEAKER pro tempore. The ‘‘§ 7382. Ineligibility for employment tween employees and contractors, and I question is on the motion offered by ‘‘(a) IN GENERAL.—Subject to subsection don’t want to get into that right at the gentleman from California (Mr. (c), any person who has a seriously delin- this moment—I do want to say that for ISSA) that the House suspend the rules quent tax debt shall be ineligible to be ap- Federal employees undergoing a pay and pass the bill, H.R. 882, as amended. pointed or to continue serving as an em- freeze and furloughs, there’s one thing The question was taken. ployee. ‘‘(b) DISCLOSURE REQUIREMENT.—The head Uncle Sam can do that apparently The SPEAKER pro tempore. In the of each agency shall take appropriate meas- hasn’t been done with many contrac- opinion of the Chair, two-thirds being ures to ensure that each person applying for tors. He can garnish wages. And you in the affirmative, the ayes have it. employment with such agency shall be re- can bet your bottom dollar if there’s a Mr. ISSA. Mr. Speaker, on that I de- quired to submit (as part of the application Federal employee that owes taxes and mand the yeas and nays. for employment) certification that such per- you can prove that money is owed to The yeas and nays were ordered. son does not have any seriously delinquent the Federal Government, his pay will The SPEAKER pro tempore. Pursu- tax debt. be garnished. ant to clause 8 of rule XX, further pro- ‘‘(c) REGULATIONS.—The Office of Personnel Management, in consultation with the Inter- But as we heard the gentlelady from ceedings on this motion will be post- nal Revenue Service, shall, for purposes of California say, these contractors con- poned. carrying out this section with respect to the tinue to receive the largesse—I guess f executive branch, promulgate any regula- that’s how they regard it—of the Fed- tions which the Office considers necessary, eral Government. It certainly can be FEDERAL EMPLOYEE TAX except that such regulations shall provide distinguished in that way. But I do be- ACCOUNTABILITY ACT OF 2013 for the following: lieve that the chairman of the full Mr. ISSA. Mr. Speaker, I move to ‘‘(1) All due process rights, afforded by committee and the subcommittee de- suspend the rules and pass the bill chapter 75 and any other provision of law, (H.R. 249) to amend title 5, United shall apply with respect to a determination serve credit for, in fact, moving at under this section that an applicant is ineli- least where they saw that there should States Code, to provide that persons gible to be appointed or that an employee is be some equity, that contractors would having seriously delinquent tax debts ineligible to continue serving. be treated similarly to Federal employ- shall be ineligible for Federal employ- ‘‘(2) Before any such determination is ees. ment. given effect with respect to an individual, Mr. ISSA. I continue to reserve the The Clerk read the title of the bill. the individual shall be afforded 180 days to balance of my time. The text of the bill is as follows: demonstrate that such individual’s debt is Mr. CUMMINGS. Having no further one described in subparagraph (A), (B), (C), H.R. 249 requests for time, Mr. Speaker, I urge or (D) of section 7381(a)(1). Members to vote in favor of this legis- Be it enacted by the Senate and House of Rep- ‘‘(3) An employee may continue to serve, in resentatives of the United States of America in a situation involving financial hardship, if lation, and I yield back the balance of Congress assembled, the continued service of such employee is in my time. SECTION 1. SHORT TITLE. the best interests of the United States, as de- Mr. ISSA. Mr. Speaker, I yield myself This Act may be cited as the ‘‘Federal Em- termined on a case-by-case basis. such time as I may consume. ployee Tax Accountability Act of 2013’’. ‘‘(d) REPORTS TO CONGRESS.—The Director I made a decision to bring these two of the Office of Personnel Management shall SEC. 2. INELIGIBILITY OF PERSONS HAVING SE- bills separately, rather than combine RIOUSLY DELINQUENT TAX DEBTS report annually to Congress on the number them, for a reason. This is not con- FOR FEDERAL EMPLOYMENT. of exemptions made pursuant to subsection troversial, but failed to get through (a) IN GENERAL.—Chapter 73 of title 5, (c)(3). the Senate. The other bill has some United States Code, is amended by adding at ‘‘§ 7383. Review of public records controversy. But I’d like to say that in the end the following: ‘‘(a) IN GENERAL.—Each agency shall pro- fact I believe that both bills would tell ‘‘SUBCHAPTER VIII—INELIGIBILITY OF vide for such reviews of public records as the the American people—both the one re- PERSONS HAVING SERIOUSLY DELIN- head of such agency considers appropriate to lated to contractors and the next one QUENT TAX DEBTS FOR FEDERAL EM- determine if a notice of lien (as described in PLOYMENT section 7381(1)) has been filed with respect to we’ll be considering related to Federal ‘‘§ 7381. Definitions an employee of or an applicant for employ- employees—that we hold ourselves to ment with such agency. ‘‘For purposes of this subchapter— the standard that the American people, ‘‘(b) ADDITIONAL REQUESTS.—If a notice of ‘‘(1) the term ‘seriously delinquent tax the American taxpayer, expects us to. lien is discovered under subsection (a) with debt’ means an outstanding debt under the respect to an employee or applicant for em- So although I know that Ms. NORTON Internal Revenue Code of 1986 for which a no- ployment, the agency may— does not support the next bill, but with tice of lien has been filed in public records ‘‘(1) request that the employee or applicant the kind of vigor and optimism and pursuant to section 6323 of such Code, except execute and submit a form authorizing the positive discussion that we’ve heard on that such term does not include— Secretary of the Treasury to disclose to the ‘‘(A) a debt that is being paid in a timely the previous two bills and on this, I head of the agency information limited to manner pursuant to an agreement under sec- would say that the important thing for describing whether the employee or appli- tion 6159 or section 7122 of such Code; all of us to understand is the money cant has a seriously delinquent tax debt; and ‘‘(B) a debt with respect to which a collec- here is significant; but the principle of ‘‘(2) contact the Secretary of the Treasury tion due process hearing under section 6330 to request tax information limited to de- holding our contractors, and in the of such Code, or relief under subsection (a), scribing whether the employee or applicant next bill ourselves, responsible to a (b), or (f) of section 6015 of such Code, is re- has a seriously delinquent tax debt. high level of integrity and not having quested or pending; ‘‘(c) AUTHORIZATION FORM.—The Secretary those continue without us taking note ‘‘(C) a debt with respect to which a levy of the Treasury shall make available to all has been issued under section 6331 of such of it, I think offers the same statement agencies a standard form for the authoriza- Code (or, in the case of an applicant for em- to the American people at a time of se- tion described in subsection (b)(1). ployment, a debt with respect to which the questration, at a time in which we’re ‘‘(d) NEGATIVE CONSIDERATION.—The head applicant agrees to be subject to a levy questioning how much we can afford of an agency, in considering an individual’s issued under such section); and application for employment or in making an from our government. ‘‘(D) a debt with respect to which relief employee appraisal or evaluation, shall give For that reason, I want these bills to under section 6343(a)(1)(D) of such Code is negative consideration to a refusal or failure be considered separately. I intend to granted; to comply with a request under subsection vote for both of them. I believe both of ‘‘(2) the term ‘employee’ means an em- (b)(1). them have merit for the same reason; ployee in or under an agency, including an but I do thank my colleagues on the individual described in sections 2104(b) and ‘‘§ 7384. Confidentiality other side because this bill, I believe, is 2105(e); and ‘‘Neither the head nor any other employee truly without controversy and would ‘‘(3) the term ‘agency’ means— of an agency may— be without controversy. I ask all of ‘‘(A) an Executive agency; ‘‘(1) use any information furnished under ‘‘(B) the United States Postal Service; the provisions of this subchapter for any pur- those here to note that we, on a unani- ‘‘(C) the Postal Regulatory Commission; pose other than the administration of this mous basis, support H.R. 882. I ask its and subchapter; support, and I yield back the balance of ‘‘(D) an employing authority in the legisla- ‘‘(2) make any publication whereby the in- my time. tive branch. formation furnished by or with respect to

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.029 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2005 any particular individual under this sub- rears in our taxes, for the most part, percentage was zero, but it’s not. But chapter can be identified; or has to do with activities outside our again, the general delinquency rate, 8.2 ‘‘(3) permit anyone who is not an employee role. We’re well insured for health care. percent; Federal workers, 3.62 percent. of such agency to examine or otherwise have Our taxes have already been withheld. The legislation is unnecessary be- access to any such information.’’. cause the IRS and other executive (b) CLERICAL AMENDMENT.—The analysis So although there are occasions in for chapter 73 of title 5, United States Code, which a taxpayer may find themselves agencies already have procedures in is amended by adding at the end the fol- seriously in arrears for some reason place to recover back taxes from Fed- lowing: otherwise, this bill intends and has eral employees. Through the Federal ‘‘SUBCHAPTER VIII—INELIGIBILITY OF carefully crafted every possible excep- Payment and Levy Program, the IRS PERSONS HAVING SERIOUSLY DELIN- tion so they could continue to work if, can impose a continuous levy on Fed- QUENT TAX DEBTS FOR FEDERAL EM- in fact, reasonable measures have been eral salaries and annuities up to 15 per- PLOYMENT taken by the employee. In fact, if an cent until the debt is paid. Agencies ‘‘7381. Definitions. employee simply agrees to be gar- also have the authority to take dis- ‘‘7382. Ineligibility for employment. nished for past taxes, pursuant to the ciplinary action against employees for ‘‘7383. Review of public records. law, they in fact can continue to work. delinquent tax debts, which may in- ‘‘7384. Confidentiality.’’. So I’d like to preface by saying this clude removal, if necessary. SEC. 3. EFFECTIVE DATE. bill has passed before and has been well The legislation is counterproductive This Act and the amendments made by because it would make it more difficult this Act shall take effect 9 months after the thought out. We in fact sent a letter to date of enactment of this Act. IRS asking them for a timely response. to collect unpaid taxes from Federal And to my dismay, they were not in- employees by requiring their termi- The SPEAKER pro tempore. Pursu- terested enough to respond to us by the nation and eliminating the ability to ant to the rule, the gentleman from deadline. Of course, the deadline for re- impose levies on their salaries. California (Mr. ISSA) and the gen- sponding really was in the last Con- On another note, I just left, about 3 tleman from Maryland (Mr. CUMMINGS) gress. hours ago, a job fair that I sponsored in each will control 20 minutes. I reserve the balance of my time. my district where 9,000 unemployed The Chair recognizes the gentleman people showed up. In talking to some of 1750 from California. b the various agencies, they said, Con- GENERAL LEAVE Mr. CUMMINGS. Mr. Speaker, I yield gressman CUMMINGS, we’re glad that Mr. ISSA. Mr. Speaker, I ask unani- myself such time as I may consume. the State of Maryland is now dealing mous consent that all Members may As one who represents many Federal with child support issues a little bit have 5 legislative days within to revise employees, with the Social Security differently because we used to take and extend their remarks and include Administration smack dab in the mid- everybody’s license. We would make it extraneous materials on the bill under dle of my district, with many of my almost impossible for them to make consideration. constituents getting up at 4 o’clock in money so that they could pay the child The SPEAKER pro tempore. Is there the morning, catching the train over support. They said now we’re beginning objection to the request of the gen- here from Howard County and Balti- to turn some of those laws around be- tleman from California? more County to work for the Federal cause, again, we want to be effective There was no objection. Government, a group of people, many and efficient in collecting the money. Mr. ISSA. Mr. Speaker, I yield myself of whom are being subjected now to Here, if a person has no job, how are such time as I may consume. furloughs, have been subjected to pay they going to pay their taxes? Mr. Speaker, first of all, I would like freezes, in some instances have been I am also concerned that this legisla- to commend Mr. CHAFFETZ. Like the placed in a position where they have to tion is being rushed to the floor today last piece of legislation, Mr. CHAFFETZ pay more toward their pensions and get to apparently make a political point. reintroduces a bill that passed over- less, a group of people who in many in- During committee debate over the leg- whelmingly in the last Congress but stances I run into them at the gas sta- islation, questions were raised. To his was not taken up by the Senate. As Mr. tion, at the Pancake House, or wher- credit, the chairman agreed that we CHAFFETZ said, it is in fact time for the ever I may see them, who are very would try to get some responses from Senate to at least give us an up-or- much concerned about a word that has the IRS about the rules and procedures down vote on this legislation. By bring- become a significant word in this regarding debt collection, options for ing it early in the Congress and, I be- House, ‘‘uncertainty.’’ I strongly op- resolving delinquencies, payment op- lieve, all these bills on a bipartisan pose H.R. 249, a measure that would re- tions, tax delinquencies of IRS employ- basis, we make it clear that we want to quire the Federal Government to fire— ees, and other issues. The chairman hold ourselves to the standard that the to fire—Federal employees who have an promised to obtain the answers to taxpayers believe we should. outstanding tax debt. The legislation is these questions from the IRS and to All Federal employees are currently unwarranted, unnecessary and, in fact, work with Democrats before the bill held for paying their taxes by the code counterproductive. was brought to the floor. of ethics of the executive branch. So I believe that Federal employees, Now, I have absolutely no doubt that how can someone who, by the code of like all Americans, should pay their the IRS failed to do what they were ethics, in fact not have satisfied in taxes, and I don’t think that there’s supposed to do; they did not give us the good faith their obligations as citizens, one single Member of this Congress information. But there was a reason including all financial obligations, es- that feels otherwise. We all believe that we wanted that information. We pecially those to the Federal, State, that Federal employees and all folks wanted the information so that we and local taxes that are imposed by who owe taxes ought to pay them. Fed- could base our decisions on sound facts. law, how can somebody who in fact eral workers hold the public trust and If we are placing people in a position hasn’t done it and has reached a point should be held to a high standard of where they will lose their way of feed- of garnishment, reached a point at conduct. The fact is that Federal em- ing their family and having a roof over which they are unwilling to pay their ployees have met and exceeded that their head and taking care of their just taxes, have no appeals or any standard. kids, it would be nice to have informa- pending, how can they in fact continue The legislation is unwarranted be- tion. to expect to be Federal employees? The cause the tax delinquency rate for Fed- I tell my staff all the time: Give me truth is these employees have given up eral employees is less than half that of the information so that I can make a any question about their ethics by the general public. In 2011, the tax de- decent decision. We don’t have that in- avoiding it. linquency rate for the general public formation, and that is unfortunate. Before going further, I would like to was 8.2 percent. In the same year, the Hopefully, at some point, we will get it have the Speaker take note that in fact tax delinquency rate for Federal work- from the IRS. Again, Mr. Speaker, I for us, as Federal employees, our with- ers was only 3.62 percent. Now, let me don’t blame the chairman. He did his holding is already taken out of our make it clear: I would suggest that it part. He submitted his letter, I know taxes. So to become seriously in ar- would be best—and wonderful—if that he did, but we still have not heard from

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Again, without this information, it is thumb their nose at the rest of us. Un- In fact, in the last Congress, Mr. unclear whether various scenarios fortunately, there are 107,000 Federal Speaker, Mr. LYNCH, who’s as pas- under which taxpayer disputes of tax workers who don’t pay their taxes. It sionate on this issue as you can pos- debt would be exempted under the bill. accounts for about $1 billion in uncol- sibly find, offered some amendments. For example, it is unclear whether an lected taxes. And let me read from the record when appeal from a collection due process In 2011—the most recent year for we accepted the amendment offered by hearing, litigation proceedings in U.S. which the IRS data is available—they Mr. LYNCH of Massachusetts: Tax Court, or hearings under the IRS’ tell us that 107,658 civilian Federal em- Mr. LYNCH. With that refinement here, a Collection Appeals Program would ployees owed more than $1 billion. friendly amendment, I certainly would vote trigger an exemption. Now, the statistics say they have a for the bill if the amendment were included. Contrary to the chairman’s assur- greater compliance than the rest of the The amendment was included. We did ances, the Republican leadership has public. But let’s remember, when this in a bipartisan way. That’s why it insisted on bringing this bill to the you’re unemployed, you’re probably sailed through the House of Represent- floor without the benefit of this infor- going to have a hard time complying. atives last time and why it should sail mation and without resolving the Employment for those that are Federal through again. many concerns raised during the com- workers is 100 percent. They have a job. In addition, individuals have 6 mittee debate. For these reasons, I They have a responsibility to pay their months to demonstrate that their tax urge my colleagues to join me in vot- taxes. debt is not seriously delinquent—some- ing against this bill. As the chairman indicated, the in- thing that Mr. LYNCH asked for, some- Again, we need information, but tent of the bill is simple: if you’re a thing we agreed with, something that more importantly, there is something Federal employee or applicant, you we move forward with. that the chairman said that I think we should be making a good faith effort to For many of my colleagues on both need to be clear on. I want to see, pay your taxes or to dispute them, as sides of the aisle, this legislation again, a situation where everybody the taxpayers have a right to do. should sound familiar because we did pays every dime that they are supposed Under H.R. 249, individuals having se- pass it. to pay, but I don’t think that people riously delinquent tax debts are ineli- The SPEAKER pro tempore. The get fired if they’re not Federal employ- gible for Federal civilian employment time of the gentleman has expired. ees when they have a tax delinquency. in the executive and legislative branch, Mr. ISSA. Mr. Speaker, I yield the So when we’re talking about fairness, including congressional staff. ‘‘Seri- gentleman an additional minute. again, we’re talking about the Federal ously tax delinquent’’ is defined as an Mr. CHAFFETZ. Actually, at this employee, and then we’re talking about outstanding Federal tax debt for which time, what I would like to do is yield everybody else. a notice of lien has been publicly filed. back and respond based on the other So with that, Mr. Speaker, I reserve b 1800 comments. Mr. CUMMINGS. Mr. Speaker, I yield the balance of my time. And there are exemptions. If you’re Mr. ISSA. Mr. Speaker, the gen- 3 minutes to the distinguished lady being paid in accordance with an in- tleman is right. And I would take note from the District of Columbia (Ms. stallment agreement, perhaps you’re that this afternoon the IRS did offer to NORTON). having your wages garnished, you have speak to us over the phone but had no Ms. NORTON. Mr. Speaker, I just an offer of compromise, or wage gar- answers in writing, which continues to want to say to my good friends, the nishment, you’re exempted; it’s not befuddle me a little bit that we can’t chairman of the full committee and of going to affect you. get answers. I will continue to work The IRS has already told us on the the subcommittee, that we were doing with the ranking member to get those record when they testified in a hearing so well in the last few bills showing answers. that the overwhelming majority of the how bipartisan our committees could At this time, I yield 5 minutes to the 107,000 people fall within that category. be. And I mean that sincerely, because author of the bill, the gentleman from They testified to the body in the last the committee has been working in a Utah (Mr. CHAFFETZ). Congress that roughly 12 percent of the very bipartisan way, particularly this Mr. CHAFFETZ. I thank Chairman 100,000 people would fall into this cat- year. ISSA, Speaker BOEHNER, and Leader As I indicated in my prior remarks, egory that we’re here talking about CANTOR for their support in allowing us there is not perfect symmetry between today. We’ve had a hearing about this. to bring this piece of legislation, a employees and contractors. Here is one We did ask the IRS about this. piece of legislation that has come be- I also want to note, Mr. Speaker, on of the examples where we do not have fore this body before. This is not a new page 4 of the legislation at (c)(3): that symmetry. Mr. Speaker, I am a firm believer in topic. This is not something that just An employee may continue to serve, in a sprung up with us in the last 10 days situation involving financial hardship, if the ‘‘lead by example.’’ I think that applies here. continued service of such employee is in the to Members of Congress, and I believe Mr. Speaker, on tax day, 2013, I want best interests of the United States, as deter- the Federal employees believe that ap- to impress upon my colleagues that mined on a case-by-case basis. plies to them. Why else would they Federal employees who consciously ig- There’s an opportunity to have the have a delinquency rate less than half nore the channels and processes in person who’s in charge to make a de- the tax delinquency rate of other place to fulfill their tax obligations termination: Do you know what? I have Americans? They know they are a must be held accountable. The Federal looked at this, and I grant this person unique workforce. Employee Tax Accountability Act ad- an exemption. Here is a workforce that has already dresses noncompliance with our tax But, as I did when I spoke to a group stepped up front beyond the American laws by prohibiting individuals with se- of HR professionals who work within people. They are the ones who were the rious delinquent tax debt from Federal the Federal Government, I told them first to sacrifice for the deficit, and civilian employment. about this and said, You need some they keep sacrificing, now in the 3rd Most taxpayers file accurate tax re- tools to take care of the bad apples. I year of a freeze and a sequester on top turns and pay them on time. Most Fed- could see every one of their heads of it. eral workers do that—the over- shaking, yes, please, give us this tool. Why would we pick them out for any whelming majority of them do it. In The bill requires individuals applying other purpose except a symbolic pur- fact, statistically, more than 96 per- for Federal jobs to certify they are not pose, which is what I see here? It’s not

VerDate Mar 15 2010 02:36 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.025 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2007 lost on any of us, Mr. Speaker, that affect them, they’re looking to their vote last year, because I thought it was today is April 15. I suppose this is a bill left and their right endlessly won- a message that was incorrect. I to make sure everybody understands dering who these deadbeats are be- thought that there were processes in that we understand it’s April 15. I un- cause, in all cases, it’s below 10 per- place today which allow us to act derstand entirely the importance of cent, and at the IRS at 1 percent. against those, yes, who are tax symbolic moves. I put out a release Mr. Speaker, the case for this legisla- delinquents. But very frankly, this is myself today on taxation without rep- tion is made by the IRS’s success, and not a discussion today about huge tax resentation. I reserve the balance of my time. delinquents, huge tax frauds, people But here we have the best workforce Mr. CUMMINGS. Mr. Speaker, I yield who are not paying taxes to this coun- in the United States, the most special- 2 minutes to the gentleman from Mary- try in which they’re being so success- ized, and the workforce that has given land (Mr. HOYER). ful. more than any of us. Mr. HOYER. I thank the gentleman So, Mr. Speaker, first of all, we send I have a serious legal problem with for yielding. our regrets to those who have been the this bill. This bill defines a ‘‘seriously Mr. Speaker, I adopt the remarks subject of a terrorist act, whether it delinquent’’ Federal worker as one that were made by Ms. NORTON. The de- was a domestic terrorist, a foreign ter- against whom there is ‘‘notice of a lien linquency rate of Federal employees is rorist, but a terrorist act this day. which has been publicly filed.’’ Mr. far below what it is for other employ- Secondly, we say to those Federal Speaker, a notice of lien is a claim by ees on a general level throughout this employees who time after time, week the claimant, in this case, the United country. I adopt the gentlelady’s re- after week, month after month are States. The answer may come, of marks that, yes, this is April 15, and being disparaged by their board of di- course, as to any claim in our legal my own staff has said, oh, I had to pay rectors, that we understand the quality system from the defendant. this, that, or the other. of their service and contribution. And, Here, on the basis of the claim alone, The implication here is that we yes, we understand there are some who we are going so far as to allow even the brought a bill dealing with Federal em- don’t do what they ought to do, and we employee to be fired, this at a time ployees this day. Why? Because Federal demand that they do so, but this is not when Americans, including Federal employees are very easy to target. For the way to do it. employees, have had the worst hard- people who don’t like government: Mr. ISSA. Mr. Speaker, I’m not going ships since the Great Depression, in- Well, the Federal employees, look at to do too much responding to some- cluding homes under water and all the what they’re doing. You’re having to thing that asks why something was rest of it. It’s just not necessary. If pay your taxes today before those brought on April 15, except to say that they have the best tax record in the deadbeat Federal employees. That’s the minority was very happy to have us United States, why then would they be the message here. bring on April 15 something to hold picked out? Now, if this were a problem that you contractors responsible on tax day for The SPEAKER pro tempore. The really wanted to deal with, it wouldn’t taxes, and we thought appropriate that time of the gentlewoman has expired. have to be April 15. It could have been both should be about this tax day in Mr. CUMMINGS. Mr. Speaker, I yield February 15 or it could be June 15. But, which 99 percent of Americans have the gentlelady an additional 30 sec- no, that’s not the message here. paid all their taxes, whether they like onds. to or not, and a small percentage have b 1810 Ms. NORTON. Mr. Speaker, I wanted not. to emphasize that the IRS already has The message is that somehow Fed- With that, I yield 1 minute to the special procedures to recover taxes eral employees need to be targeted. I gentleman from Utah (Mr. CHAFFETZ). from its own employees, and I com- understand they work for us, and so Mr. CHAFFETZ. I thank the chair- mend the IRS for that, including, by they’re easy to get at. And we are get- man. the way, being able to garnish their ting at them almost every week. We’re Mr. Speaker, only in Washington, wages up to 15 percent and even to take furloughing them. We’re suggesting DC, can we say that this is not a seri- disciplinary actions. Why would we they pay more, that they’re not paying ous issue. We’re talking about 107,000 need anything further, particularly at enough for retirement. We are sug- people and a billion dollars in uncol- this moment in time, against our Fed- gesting that somehow they’re less than lected taxes when the very Americans eral employees who have endured so stellar employees. that are paying their paychecks are much? But before I conclude, let me take a writing out their checks. I thank the gentleman for yielding. second look at this. I would also look at the companion Mr. ISSA. Mr. Speaker, I yield myself We had a tragic event happen in Bos- piece of legislation, which is $5 billion, such time as I may consume. ton today, and the President was quick that deals with the contractors. What I join with the gentlelady from the to call Governor Deval Patrick and say we’re saying to the employees of the District of Columbia in applauding we’re going to send some Federal em- Federal Government—the men and what the IRS has done. The IRS effec- ployees from the FBI, the ATF, and women who are patriotic, who are tively gave itself the rules that Mr. other agencies to make sure that we doing their job; they’re doing the right CHAFFETZ would like to have all Fed- look at this and protect America. thing; they work hard; they love this eral civilian workers living under. We extend our sympathies, of course, country; they’re the first ones to run The IRS has a delinquency rate now to all the victims and their families. and respond—we’re going to take care of 1 percent. So if you take a fraction The SPEAKER pro tempore. The of you; we’ve got your back. Because of that 1 percent that could possibly be time of the gentleman has expired. every once in a while there is a bad out of compliance for a short period of Mr. CUMMINGS. I yield the gen- apple, there is somebody that works in time, and that’s what happens. You’ve tleman an additional 11⁄2 minutes. that department, there is somebody lowered the overall rate from, for ex- Mr. HOYER. We express our sym- that works in that agency who doesn’t ample, the Government Printing Of- pathies to all of them, and we recog- play by the rules like everybody else fice, 7.6 percent; the 316,000 people at nize that they have some employees in does. They give this country and they the Department of Veterans Affairs, Boston and around this country at the give their counterparts and their em- 13,000 of them, or 4.3 percent, are seri- municipal and State level, and, yes, at ployees a bad name. We’re going to ously in arrears. the Federal level, who are going to try stand up for them by giving that head Mr. Speaker, the gentlelady is abso- to respond and make sure America is of that department in the agency the lutely right: the IRS did the right safe. opportunity to fire somebody if they thing, and it worked. You’ve got a Let’s send a message to those Federal don’t comply. compliance rate down to 1 percent fail- employees, because they’re our em- Pay your Federal taxes, you’re in ure, or 99 percent positive compliance ployees, that we respect them, their good shape; don’t pay your Federal rate. contribution. Let us not bring a bill to taxes, don’t put yourself in place, then For all the Federal workers who are the floor—by the way, the gentleman is we’re going to give you an opportunity listening carefully because this could correct that it passed here not with my to be let go.

VerDate Mar 15 2010 02:36 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.030 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2008 CONGRESSIONAL RECORD — HOUSE April 15, 2013 Mr. CUMMINGS. Mr. Speaker, may I Should the same be true for Federal Our intention was, in fact, to bring ask how much time we have remain- workers? accountability and, in fact, a sense of ing? Quote, from President Obama: pride to the Federal workforce, one in The SPEAKER pro tempore. The gen- All across this country, there are people which 96-point-some percent do pay tleman from Maryland has 6 minutes who meet their obligation each and every their taxes, and of the remaining ones remaining. day. You do your jobs; you support your fam- who do not, the vast majority has Mr. CUMMINGS. I yield 11⁄2 minutes ilies; you pay taxes you owe because it’s a made arrangements to deal with taxes to the gentleman from Pennsylvania fundamental responsibility of citizenship. And yet, somehow, it’s become standard in arrears. (Mr. CARTWRIGHT). But, Mr. Speaker, less than a year Mr. CARTWRIGHT. Mr. Speaker, I practice in Washington to give contracts to companies that don’t pay their taxes. ago, I had my house robbed. I live in a rise in opposition to H.R. 249, the Fed- Later on, the President said: low-crime neighborhood. Less than 2 eral Employee Tax Accountability Act percent of the homes get robbed in a of 2013. The status quo, then, is inefficiency, and it’s wasteful by the larger and more funda- given year, but the police still re- On close examination, it is obvious sponded and still said, I’ll do some- that this bill is deceptive, unnecessary, mental point that it is wrong. It is simply wrong for companies to take taxpayer dol- thing about your home being burglar- and even counterproductive. It’s a bill lars and not be taxpayers themselves. So we ized. that puts additional requirements on need to insist on the same sense of responsi- All we’re saying here is: let’s stop Federal workers that the rest of the bility in Washington that so many of you talking about the 97 percent who do public does not face: that of losing strive to uphold in your own lives, in your the right thing, and let’s deal with own families and your own businesses. their job because of a tax lien. On top those who do not in a way that encour- of this, common sense will tell you it’s The same should be true for Federal ages them, like the IRS has, to start a very difficult thing to collect taxes workers. And when those Federal doing the right thing and lower that or any debt from somebody who doesn’t workers are giving out those Federal failure rate to 1 percent or less. have a job. contracts by the hundreds of billions of I reserve the balance of my time. The IRS already has procedures in dollars, let them be able to look people Mr. CUMMINGS. I yield 1 minute to place to collect back taxes from Fed- in the face and say, We hold ourselves the gentlelady from California (Ms. eral employees. The Federal Payment to that same high standard. We’re not SPEIER). Levy Program allows the IRS to im- having a separate standard for contrac- Ms. SPEIER. I thank the ranking pose a continuous levy on Federal, and tors and for you. Those of us that do member. only Federal, employees up to 15 per- work for the Federal Government are Let me just be very specific. Mr. cent. This means Federal employees al- honest in our dealings. We pay our CHAFFETZ, at one point, said we have a ready are held to a higher standard and taxes. You know what? If we don’t few bad apples, and the chairman sug- the IRS already has additional weapons around here, they eventually fire us. gested, Well, who are these deadbeats? in its arsenal, making the bill before us That seems to me to be common Let’s talk about who these deadbeats an over-the-top and punitive measure. sense and the right approach. really are. $3.5 billion—54 percent of It’s a solution without a real problem that $3.5 billion is attributed to mili- and a solution that will only make it b 1820 tary, active military, military Re- harder to actually collect taxes. And I Mr. CUMMINGS. I yield 1 minute to serves, and retired military. question whether this is a sincere ef- the gentleman from California (Mr. Now, I don’t know about you, but I fort to improve our Nation or just an- CA´ RDENAS). ´ think maybe we should rethink this be- other in a long series of unfair attacks Mr. CARDENAS. Mr. Speaker, I rise cause the truth of the matter is 54 per- on Federal employees and the unions in opposition to H.R. 249. cent have either been in the military that represent them. These are people This bill would bar individuals who or active military. Furthermore, 46 who haven’t had a raise in 3 years. work for the Federal Government and percent of those ‘‘deadbeats’’ are civil- These are people for whom many are who have a tax lien from being em- ian Federal employees retired and mili- receiving furlough notices even as we ployed by the Federal Government. I tary Federal employees retired. speak. These are people that now we’re agree with Congressman CHAFFETZ and The SPEAKER pro tempore. The attacking in a new and better way. the supporters of this bill that all citi- time of the gentlewoman has expired. Mr. Speaker, I suggest at some point zens, including our Federal employees, Mr. ISSA. I yield myself such time as you wonder how we’re supposed to at- should pay their taxes. However, this I may consume. tract talented and capable individuals bill is far more focused on attacking Mr. Speaker, the gentlelady is enti- to come to work for us when we treat Federal employees than on actually re- tled to her opinion, but I don’t believe them like this. solving problems. This bill, H.R. 249, is I urge my colleagues to join me in a political document, not a policy solu- her facts. Our information shows that, in fact, voting against the bill. tion. Mr. ISSA. Mr. Speaker, may I inquire The IRS says that the tax delin- first of all, this bill only pertains to ci- as to how much time we have remain- quency rate for our Federal employees vilian personnel. It does not affect uni- ing? is half that of the average American formed military personnel. Uniformed The SPEAKER pro tempore. The gen- taxpayer. This legislation is the wrong military personnel can be court- tleman from California has 81⁄2 minutes approach and is destined to be grossly martialed for not living up to their fi- remaining. ineffective because it makes collecting nancial obligations. That is certainly Mr. ISSA. At this time, I yield 2 min- outstanding taxes difficult—by firing more than we are considering here. utes to the gentleman from Utah (Mr. the very people we’d like to pay their The fact is the numbers we pre- CHAFFETZ). taxes. As a former business owner my- sented, the numbers quoted here, rep- Mr. CHAFFETZ. Mr. Speaker, I’d self, in putting people into homes, I resent civilian workers. Some of those like to harken back to the comments used to find out time after time that civilian workers do also serve in the of President Obama on January 20, the IRS would violate their agreement. Reserves, and some of them are also re- 2010. It’s the IRS that violates the agree- tired individuals, but let’s understand Make no mistake; the President was ment sometimes when somebody says, this is not about the men and women talking about delinquent contractors, I’ll pay it on a regular basis, and the deployed in uniform. This is, in fact, not specifically about Federal workers. IRS changes that agreement without about civilian workers who may have But I want you, as you listen to the notice. That will and does happen to supplemental incomes from retire- President, in his own words, to wonder employees all the time. ment, who may, in fact, also be Re- why should—these, too, are families. The SPEAKER pro tempore. The serves. This is all about people who re- Contractors are families; they’re Amer- time of the gentleman has expired. ceive often more than $100,000 a year icans; they’re people. Some of them are Mr. ISSA. I yield myself 1 minute. and have not made arrangements to bad apples. Most of them do a good job. The gentleman from California is catch up on taxes that are seriously in But listen to the President as he’s new, and I’m sure he did not mean to arrears by up to $10,000 or more. talking about contractors, and say: disparage our intention. I reserve the balance of my time.

VerDate Mar 15 2010 02:36 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.033 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2009 Mr. CUMMINGS. Mr. Speaker, how tors contracts up to the tune of $5 bil- Military active duty: these are the much time do I have left? lion a year. I introduced that bill as men and women who have a different The SPEAKER pro tempore. The gen- well. set of rules. They can be court- tleman from Maryland has 21⁄2 minutes So to suggest, Mr. Speaker, that this martialed if they don’t live up to their remaining. bill is unfair, it’s unwarranted, it’s obligations, 2 percent. Remember, that Mr. CUMMINGS. I yield that 21⁄2 min- going to harm Federal employees—-it’s 2 percent includes all those who may utes to the gentleman from Virginia going to protect Federal employees, be- eventually comply. (Mr. MORAN). cause the ones who are doing the right Military Reserve and Guard: these Mr. MORAN. I thank my very good job, that are patriotic, are protected are the men and women who give up friend from Baltimore. under this bill. Only those who thumb their day jobs, often taking a huge pay The basic problem with this bill is their noses and won’t pay their taxes cut in doing so, often unanticipated, 2.4 that it claims to fix a problem that are the ones who should be scared of percent. doesn’t exist. The fact is that Federal this bill. Military retired, 4.3 percent. Mr. employees have a delinquency rate The SPEAKER pro tempore. The gen- Speaker, I can’t account for why, when that is less than half of what it is for tleman from Maryland is recognized military people retire, they find them- the average American taxpayer. The for 15 seconds. selves seriously in arrears in taxes. But fact is that there already exist pro- Mr. CUMMINGS. I yield the remain- what I can say is when we look at 1 grams to garnish wages and annuity in- ing time to the gentleman from Vir- percent at the IRS, and 2 percent for come for delinquent filers. The fact is ginia (Mr. MORAN). those men and women getting a pri- that agencies can already take discipli- Mr. MORAN. The problem with this vate’s pay or a corporal’s pay, they nary action against employees who bill is that it singles out Federal em- manage to keep their taxes straight. have tax debt, including that of termi- ployees by threatening and accusing The Federal workforce has a high nation. them, suggesting that there is an en- compliance rate, as has been said re- So why are we doing this—to punish demic problem within the Federal Gov- peatedly by my colleagues. Their com- people because they chose public serv- ernment, and there isn’t. pliance rate is nearly twice the rate of ice? Mr. CHAFFETZ. Will the gentleman the public as a whole. Of course, the This bill would have virtually no ef- yield? public as a whole includes over 7 per- fect on revenue because there are so Mr. MORAN. I am more than happy cent unemployed, and it includes all few civil servants who are delinquent to yield to the gentleman from Utah if kinds of other characteristics that lead and, invariably, there is some under- I have the time. to people being in default. standable reason, just as there has The SPEAKER pro tempore. The What we’re saying here today is the been for a number of our colleagues time of the gentleman has expired. IRS made a decision to have a compli- over the years. Mr. ISSA. I yield 10 seconds to the ance standard that has dramatically HAFFETZ). So it’s not about bringing down the gentleman from Utah (Mr. C reduced failure to comply, and has put Mr. CHAFFETZ. There are 107,000 debt. This is about threatening Federal us in a situation where people of the people who haven’t paid about $1 bil- workers, singling them out by sug- IRS can say proudly: We pay our taxes. lion in taxes. To suggest there isn’t a gesting that there is some kind of en- We pay our taxes at a 99 percent rate, problem is, I think, factually without demic problem when there isn’t. You’ve and we deal with those who do not live merit. already docked the Federal workforce Mr. ISSA. Mr. Speaker, how much up to promising to pay the rest. with up to 14 unpaid furlough days. We just want the same for the Fed- time do I have remaining? You’ve cut more than $100 billion from The SPEAKER pro tempore. The gen- eral workforce, and I believe Federal their pensions and pay. You’ve just se- workers listening here today would tleman from California has 31⁄4 minutes questered $600 million from the IRS. remaining. agree that in fact since most of them Federal employees work for our con- Mr. ISSA. I yield myself the remain- do exactly what’s right, all of them stituents, and they work for us. Their ing time. should be held to do what is exactly jobs are to carry out the laws that we Mr. Speaker, I would like to close on right. I urge passage of the bill. make. The majority of this House ap- a little bit quieter note than the de- I yield back the balance of my time. parently ran for office on the claim bate. The debate was, rightfully so, Mr. CONNOLLY. Mr. Speaker, I strongly be- that the Federal Government isn’t heated, and it was heated because, in lieve that all Americans, particularly Federal working, and now that they’ve been fact, we are making an important sym- workers, should pay their taxes in full and on elected they’re trying to prove it—by bolic statement in this legislation. time, period. Fortunately, according to the threatening and accusing and, thus, de- $1 billion is a lot of money to the tax- most recent tax compliance statistics from the moralizing the dedicated public serv- payers listening, but the principle here Internal Revenue Service (IRS), the vast ma- ants who have fought our wars, built is extremely important. It’s a principle jority of Federal workers, more than 96 per- our roads and bridges, enforced our that shows that, when the IRS changed cent, pay their taxes in full and on time. laws, invented the technology that their rules, they didn’t fire very many This admirable compliance rate is especially powers our economy, and researched people. I’m sure, in fact, what they got impressive when considering that the Nation’s the treatments that heal and save our was compliance, far greater compli- overall compliance rate is approximately 83 loved ones. And all this Congress can ance, but let’s go through a few things percent. Further, with an average delinquency do is to threaten them with bills like because the gentlelady, my colleague rate for Federal employees of 3.3 percent, this. and friend from California (Ms. compared to an average delinquency rate of This is not a fair bill, and thus I urge SPEIER), used a larger number, and the 7.4 percent for all American taxpayers, it is a ‘‘no’’ vote on it. larger numbers, in fact, are worth clear that our dedicated civil servants take Mr. ISSA. I now yield 1 minute to the using in closing. their tax obligations seriously. In addition, for gentleman from Utah (Mr. CHAFFETZ). the small minority of Federal employees who Mr. CHAFFETZ. This bill doesn’t b 1830 fall behind on their taxes, the causes of finan- threaten the Federal employees. It We’ve been talking, up until now, cial hardship are not unique to Federal work- only threatens the Federal employees about $3 billion, $2.976 billion, that in ers, but similar to the challenges and cir- who don’t pay their Federal taxes. You fact is about the civilian employees of cumstances facing many middle class Amer- pay your taxes because you get your the Federal Government. They have a ican families who find themselves temporarily income from the taxpayers. It doesn’t delinquency rate of approximately 3.62 unable to meet their tax obligations as a result affect you. percent. She mentioned other individ- of life-changing hardships, such as a divorce, What I hear continually, Mr. Speak- uals, and I want to mention in closing serious illness, or a spouse losing a job. er, is, Oh, no problem here. Don’t worry their delinquency rate: Simply put, H.R. 249 is a solution in search about it. Civilian retired: understand, these of a problem. It’s $1 billion in uncollected taxes. are not individuals you can fire. The Congressional Budget Office cost esti- For far too long, this Congress has ig- They’re retired, but their delinquency mate found that implementing H.R. 249 will nored this. They keep giving contrac- is 2.5 percent. cost taxpayers $1 million in 2014 and about

VerDate Mar 15 2010 02:36 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K15AP7.035 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2010 CONGRESSIONAL RECORD — HOUSE April 15, 2013 $500,000 in subsequent years, since it will not The SPEAKER pro tempore. In the Edwards Kuster Rahall Ellison Labrador Rangel enhance revenues. Although it may seem opinion of the Chair, two-thirds being Ellmers LaMalfa Reed counterintuitive that the so-called ‘‘Federal in the affirmative, the ayes have it. Engel Lamborn Reichert Employee Tax Accountability Act’’ would in- Mr. ISSA. Mr. Speaker, on that I de- Enyart Lance Renacci crease the deficit, it is logical when one con- mand the yeas and nays. Eshoo Langevin Ribble Esty Lankford Rice (SC) siders current law. Presently, the law provides The yeas and nays were ordered. Farenthold Larsen (WA) Rigell for a hierarchy of penalties based on the seri- The SPEAKER pro tempore. Pursu- Farr Larson (CT) Roby ousness and willfulness of the offense related ant to clause 8 of rule XX, further pro- Fattah Latham Roe (TN) to improperly filing a tax return, and it provides ceedings on this motion will be post- Fitzpatrick Latta Rogers (AL) Fleischmann Lee (CA) Rogers (KY) IRS the authority to garnish wages to recoup poned. Fleming Levin Rogers (MI) owed taxes from employees. f Flores Lewis Rokita H.R. 249 would replace this system with an Forbes Lipinski Rooney inflexible mandate to fire any Federal em- ANNOUNCEMENT BY THE SPEAKER Fortenberry LoBiondo Ros-Lehtinen Foster Loebsack Roskam ployee with an outstanding tax debt to the PRO TEMPORE Foxx Lofgren Ross Federal Government for which a public lien The SPEAKER pro tempore. Pursu- Frankel (FL) Long Rothfus has been filed. If my Republican colleagues Franks (AZ) Lowenthal Roybal-Allard ant to clause 8 of rule XX, proceedings Frelinghuysen Lowey Royce are so concerned about tax delinquency, then will resume on motions to suspend the Fudge Lucas Ruiz why not use the $1 million cost of this legisla- rules previously postponed. Gabbard Luetkemeyer Runyan tion to hire additional IRS enforcement agents Votes will be taken in the following Gallego Lujan Grisham Ruppersberger to chip away at our Nation’s net tax gap of ap- Garamendi (NM) Rush order: Garcia Luja´ n, Ben Ray Ryan (OH) proximately $385 billion? H.R. 1162, by the yeas and nays; Gardner (NM) Ryan (WI) We recently held a hearing where the head H.R. 882, by the yeas and nays; Garrett Maffei Salmon of the U.S. Government Accountability Office H.R. 249, by the yeas and nays. Gerlach Maloney, Sa´ nchez, Linda stated that the tax gap is the single largest Gibbs Carolyn T. The first electronic vote will be con- Gibson Maloney, Sean Sanchez, Loretta item we can address to achieve savings. ducted as a 15-minute vote. Remaining Gingrey (GA) Marino Sarbanes Could it be that actually recognizing such valu- electronic votes will be conducted as 5- Gohmert Massie Scalise able work does not fit neatly with their nega- minute votes. Goodlatte Matheson Schakowsky tive narrative of the Federal workforce? Gosar Matsui Schiff f Gowdy McCarthy (CA) Schneider Spending more than $1 million to implement Granger McCarthy (NY) Schock H.R. 249, which only targets our country’s civil GOVERNMENT ACCOUNTABILITY Graves (GA) McCaul Schrader servants and does nothing to address our Na- OFFICE IMPROVEMENT ACT Graves (MO) McClintock Schwartz tion’s $385 billion tax gap, is neither a prudent Grayson McCollum Schweikert Green, Al McGovern Scott (VA) nor wise policy response. I urge all Members The SPEAKER pro tempore. The un- finished business is the vote on the mo- Green, Gene McHenry Scott, Austin to oppose this legislation. Griffin (AR) McIntyre Scott, David Mr. VAN HOLLEN. Mr. Speaker, I rise in op- tion to suspend the rules and pass the Griffith (VA) McKeon Sensenbrenner position to H.R. 249, the misleadingly named bill (H.R. 1162) to amend title 31, Grijalva McKinley Serrano United States Code, to make improve- Grimm McMorris Sessions Federal Employee Tax Accountability Act. This Guthrie Rodgers Sewell (AL) bill unfairly singles out federal employees for ments in the Government Account- Gutierrez McNerney Shea-Porter punishment instead of applying a uniform set ability Office, as amended, on which Hahn Meadows Sherman of rules to individuals who may be delinquent the yeas and nays were ordered. Hall Meehan Shimkus The Clerk read the title of the bill. Hanabusa Meeks Shuster on their taxes. Hanna Messer Simpson All Americans should pay their taxes, and The SPEAKER pro tempore. The Harper Mica Sinema those who fail to do so should be penalized. question is on the motion offered by Harris Michaud Sires the gentleman from California (Mr. Hartzler Miller (FL) Slaughter But this bill denies public workers the full com- Hastings (WA) Miller (MI) Smith (NE) plement of due process rights that would be ISSA) that the House suspend the rules Heck (NV) Miller, George Smith (NJ) available to any other American under the and pass the bill, as amended. Heck (WA) Moran Smith (TX) same circumstances. In effect, this bill would The vote was taken by electronic de- Hensarling Mullin Smith (WA) vice, and there were—yeas 408, nays 0, Herrera Beutler Mulvaney Southerland require the firing of any public employee even Higgins Murphy (FL) Speier if they are legitimately contesting their delin- not voting 24, as follows: Himes Murphy (PA) Stewart quency through the established process. [Roll No. 103] Hinojosa Nadler Stivers Holding Napolitano Stockman There are laws and regulations on the books YEAS—408 Holt Neal Stutzman that address how tax delinquency should be Aderholt Broun (GA) Connolly Horsford Negrete McLeod Swalwell (CA) handled and how public employees who are Alexander Brownley (CA) Conyers Hoyer Neugebauer Takano delinquent on their payments should be dis- Amash Buchanan Cook Hudson Noem Terry Amodei Bucshon Cooper Huelskamp Nolan Thompson (CA) ciplined. By by-passing those procedures, this Andrews Burgess Costa Huffman Nugent Thompson (MS) measure unfairly targets public employees Bachmann Bustos Cotton Huizenga (MI) Nunes Thompson (PA) simply because they work for the government. Bachus Butterfield Cramer Hultgren Nunnelee Tiberi Barber Calvert Crawford Hunter O’Rourke Tierney Public servants work hard every day pro- Barletta Camp Crenshaw Hurt Olson Tipton viding a wide array of public services for Barr Campbell Crowley Israel Owens Titus Americans, from helping to nurse our wound- Barrow (GA) Cantor Cuellar Issa Palazzo Tonko ed veterans, to discovering cures and treat- Barton Capito Culberson Jackson Lee Pascrell Tsongas Bass Capps Cummings Jeffries Pastor (AZ) Turner ments for diseases that plague millions of Beatty Capuano Daines Jenkins Paulsen Upton American families, to protecting our food sup- Becerra Ca´ rdenas Davis (CA) Johnson (GA) Payne Valadao ply. Benishek Carney Davis, Danny Johnson (OH) Pearce Van Hollen The passage of this bill is the latest in a se- Bentivolio Carson (IN) DeFazio Johnson, E. B. Pelosi Vargas Bera (CA) Carter DeGette Johnson, Sam Perlmutter Veasey ries of unfair congressional attacks on public Bilirakis Cartwright Delaney Jones Perry Vela workers that has ranged from cutting their pay Bishop (GA) Cassidy DeLauro Jordan Peters (CA) Vela´ zquez to reducing their benefits. And this bill arrives Bishop (NY) Castor (FL) DelBene Joyce Peters (MI) Visclosky Bishop (UT) Castro (TX) Denham Kaptur Peterson Wagner just as many of them face further pay cuts re- Black Chabot Dent Kelly (IL) Petri Walberg sulting from agency imposed furloughs. Blackburn Chaffetz DeSantis Kelly (PA) Pingree (ME) Walden Federal workers do not deserve to be treat- Blumenauer Chu DesJarlais Kennedy Pitts Walorski ed like this. Bonamici Cicilline Deutch Kildee Pocan Walz Bonner Clyburn Diaz-Balart Kilmer Poe (TX) Wasserman The SPEAKER pro tempore. The Boustany Coble Dingell Kind Polis Schultz question is on the motion offered by Brady (PA) Coffman Doggett King (IA) Pompeo Waters the gentleman from California (Mr. Brady (TX) Cohen Doyle King (NY) Posey Watt ISSA) that the House suspend the rules Braley (IA) Cole Duckworth Kingston Price (GA) Waxman Bridenstine Collins (GA) Duffy Kinzinger (IL) Price (NC) Weber (TX) and pass the bill, H.R. 249. Brooks (AL) Collins (NY) Duncan (SC) Kirkpatrick Quigley Webster (FL) The question was taken. Brooks (IN) Conaway Duncan (TN) Kline Radel Welch

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A15AP7.005 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2011 Wenstrup Wittman Yoder ory of the victims of today’s attack in Holt Meehan Scalise Whitfield Wolf Yoho Boston. Horsford Meeks Schakowsky Williams Womack Young (AK) Hoyer Messer Schiff Wilson (FL) Woodall Young (FL) f Hudson Mica Schneider Wilson (SC) Yarmuth Young (IN) Huelskamp Michaud Schock NOT VOTING—24 CONTRACTING AND TAX Huffman Miller (FL) Schrader ACCOUNTABILITY ACT OF 2013 Hultgren Miller (MI) Schwartz Brown (FL) Honda Miller, Gary Hunter Miller, George Schweikert Clarke Keating Moore The SPEAKER. Without objection, 5- Hurt Moran Scott (VA) Clay Lummis Pallone Israel Mullin Scott, Austin Cleaver Lynch Pittenger minute voting will continue. Issa Mulvaney Scott, David Courtney Marchant Richmond There was no objection. Davis, Rodney Markey Rohrabacher The SPEAKER. The unfinished busi- Jackson Lee Murphy (FL) Sensenbrenner Jeffries Murphy (PA) Serrano Fincher McDermott Thornberry ness is the vote on the motion to sus- Hastings (FL) Meng Westmoreland Jenkins Nadler Sessions pend the rules and pass the bill (H.R. Johnson (GA) Napolitano Sewell (AL) b 1857 882) to prohibit the awarding of a con- Johnson (OH) Neal Shea-Porter Messrs. COHEN and GRIJALVA tract or grant in excess of the sim- Johnson, E. B. Negrete McLeod Sherman Johnson, Sam Neugebauer Shimkus changed their vote from ‘‘yea’’ to plified acquisition threshold unless the Jones Noem Shuster ‘‘nay.’’ prospective contractor or grantee cer- Jordan Nolan Simpson So (two-thirds being in the affirma- tifies in writing to the agency award- Joyce Nugent Sinema tive) the rules were suspended and the ing the contract or grant that the con- Kaptur Nunes Sires bill, as amended, was passed. tractor or grantee has no seriously de- Kelly (IL) Nunnelee Slaughter Kelly (PA) O’Rourke Smith (NE) The result of the vote was announced linquent tax debts, and for other pur- Kennedy Olson Smith (NJ) as above recorded. poses, as amended, on which the yeas Kildee Owens Smith (TX) A motion to reconsider was laid on and nays were ordered. Kilmer Palazzo Smith (WA) the table. The Clerk read the title of the bill. Kind Pallone Southerland The SPEAKER. The question is on King (IA) Pascrell Speier f King (NY) Pastor (AZ) Stewart MOMENT OF SILENCE FOR VIC- the motion offered by the gentleman Kingston Paulsen Stivers TIMS OF BOSTON MARATHON EX- from California (Mr. ISSA) that the Kinzinger (IL) Payne Stockman Kirkpatrick Pearce Stutzman PLOSIONS House suspend the rules and pass the bill, as amended. Kline Pelosi Swalwell (CA) (Mr. CAPUANO asked and was given This is a 5-minute vote. Kuster Perlmutter Takano permission to address the House for 1 Labrador Perry Terry The vote was taken by electronic de- LaMalfa Peters (CA) Thompson (CA) minute.) vice, and there were—yeas 407, nays 0, Lamborn Peters (MI) Thompson (MS) Mr. CAPUANO. Mr. Speaker, I rise not voting 25, as follows: Lance Peterson Thompson (PA) today to commemorate the people in Langevin Petri Tiberi [Roll No. 104] Boston who lost their lives and the Lankford Pingree (ME) Tierney many others who were seriously in- YEAS—407 Larsen (WA) Pitts Tipton jured today. I hesitate to call what the Aderholt Castro (TX) Farr Larson (CT) Pocan Titus Alexander Chabot Fattah Latham Poe (TX) Tonko event was; but whatever it was, it was Amash Chaffetz Fitzpatrick Latta Polis Tsongas a terrible tragedy. No matter how you Amodei Chu Fleischmann Lee (CA) Pompeo Turner measure it, whether official or unoffi- Andrews Cicilline Fleming Levin Posey Upton cial terrorism, anyone who acts in such Bachmann Clyburn Flores Lewis Price (GA) Valadao Bachus Coble Forbes Lipinski Price (NC) Van Hollen a manner is clearly an evil person and Barber Coffman Fortenberry LoBiondo Quigley Vargas deserves to be called as such. Barletta Cohen Foster Loebsack Radel Veasey I know that today the rest of Amer- Barr Cole Foxx Lofgren Rahall Vela Barrow (GA) Collins (GA) Frankel (FL) Long Rangel Vela´ zquez ica stands with us, as we have stood Barton Collins (NY) Franks (AZ) with others before us, hopefully to Lowenthal Reed Visclosky Bass Conaway Frelinghuysen Lowey Reichert Wagner Beatty Connolly never have to do it again. This event Fudge Lucas Renacci Walberg Becerra Conyers Gabbard was not just a Boston event. The Bos- Luetkemeyer Ribble Walden Benishek Cook Gallego Lujan Grisham Rice (SC) Walorski ton Marathon is an international event Bentivolio Cooper Garamendi that draws people from around the Bera (CA) Costa Garcia (NM) Rigell Walz ´ world. I would not be shocked if many Bilirakis Cotton Gardner Lujan, Ben Ray Roby Wasserman Bishop (GA) Cramer Garrett (NM) Roe (TN) Schultz of the people injured today were not Bishop (NY) Crawford Gerlach Maffei Rogers (AL) Waters just from Massachusetts. They’re prob- Bishop (UT) Crenshaw Gibbs Maloney, Rogers (KY) Watt ably from other States and possibly— Black Crowley Gibson Carolyn Rogers (MI) Waxman probably—other countries. Blackburn Cuellar Gingrey (GA) Maloney, Sean Rokita Weber (TX) Blumenauer Culberson Goodlatte Marino Rooney Webster (FL) Today is a holiday in Massachusetts. Bonamici Cummings Gosar Massie Ros-Lehtinen Welch It’s a State holiday called Patriots Bonner Daines Gowdy Matheson Roskam Wenstrup Day. It’s the day that we celebrate the Boustany Davis (CA) Granger Matsui Ross Whitfield actions of our patriots back in 1776 Brady (PA) Davis, Danny Graves (GA) McCarthy (CA) Rothfus Williams Brady (TX) DeFazio Graves (MO) that started the Revolution that McCarthy (NY) Roybal-Allard Wilson (FL) Braley (IA) DeGette Grayson McCaul Royce Wilson (SC) brought to birth this country. We re- Bridenstine Delaney Green, Al McClintock Ruiz Wittman Brooks (AL) DeLauro Green, Gene mind ourselves regularly what it is to McCollum Runyan Wolf Brooks (IN) DelBene Griffin (AR) McGovern Ruppersberger Womack be an American, what it is to be a pa- Broun (GA) Denham Griffith (VA) McHenry Rush Woodall triot, what it is to be a member of a so- Brownley (CA) Dent Grijalva ciety that cares for each other. Buchanan DeSantis Grimm McIntyre Ryan (OH) Yarmuth McKeon Ryan (WI) Yoder I know that the Members of this Bucshon DesJarlais Guthrie Burgess Deutch Gutierrez McKinley Salmon Yoho House will join me in wishing well all Bustos Diaz-Balart Hahn McMorris Sa´ nchez, Linda Young (AK) those people who were injured and Butterfield Dingell Hall Rodgers T. Young (FL) sending our deepest condolences and Calvert Doggett Hanabusa McNerney Sanchez, Loretta Young (IN) sympathies to those people who were Camp Doyle Hanna Meadows Sarbanes Campbell Duckworth Harper killed, as well as wishing well our men Cantor Duffy Harris NOT VOTING—25 and women of law enforcement. I have Capito Duncan (SC) Hartzler Brown (FL) Honda Miller, Gary absolutely full faith and confidence Capps Duncan (TN) Hastings (WA) Capuano Edwards Heck (NV) Clarke Huizenga (MI) Moore that they will find the people that have Ca´ rdenas Ellison Heck (WA) Clay Keating Pittenger done this and bring them to justice so Carney Ellmers Hensarling Cleaver Lummis Richmond that we can all rest a little easier at Carson (IN) Engel Herrera Beutler Courtney Lynch Rohrabacher some point. Carter Enyart Higgins Davis, Rodney Marchant Thornberry Cartwright Eshoo Himes Fincher Markey Westmoreland The SPEAKER. The House will now Cassidy Esty Hinojosa Gohmert McDermott observe a moment of silence in mem- Castor (FL) Farenthold Holding Hastings (FL) Meng

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A15AP7.007 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2012 CONGRESSIONAL RECORD — HOUSE April 15, 2013 b 1908 Neugebauer Rogers (KY) Stivers b 1916 Noem Rogers (MI) Stockman So (two-thirds being in the affirma- Nugent Rokita Stutzman Ms. LORETTA SANCHEZ of Cali- tive) the rules were suspended and the Nunes Ros-Lehtinen Terry fornia changed her vote from ‘‘yea’’ to bill, as amended, was passed. Nunnelee Roskam Thompson (PA) ‘‘nay.’’ The result of the vote was announced Olson Ross Tiberi So (two-thirds not being in the af- Palazzo Rothfus Tipton as above recorded. Paulsen Royce Turner firmative) the motion was rejected. A motion to reconsider was laid on Pearce Ruiz Upton The result of the vote was announced the table. Perry Runyan Valadao as above recorded. Peters (CA) Ryan (OH) Wagner PERSONAL EXPLANATION f Peters (MI) Ryan (WI) Walberg Petri Salmon Walden Mr. ROONEY. Mr. Speaker, on roll- FEDERAL EMPLOYEE TAX Pitts Scalise Walorski call No. 105 on final passage of H.R. 249, Poe (TX) Schneider Weber (TX) ACCOUNTABILITY ACT OF 2013 I inadvertently voted ‘‘nay.’’ I would Polis Schock Webster (FL) have voted ‘‘aye,’’ which is consistent The SPEAKER pro tempore (Mr. Pompeo Schwartz Wenstrup Posey Schweikert Whitfield with my past position on this legisla- OLDING H ). The unfinished business is Price (GA) Scott, Austin Williams tion. In the 112th Congress, I voted the vote on the motion to suspend the Quigley Sensenbrenner Wilson (SC) ‘‘aye’’ on rollcall No. 538 on final pas- rules and pass the bill (H.R. 249) to Radel Sessions Wittman sage of H.R. 828, which is virtually amend title 5, United States Code, to Reichert Shimkus Wolf identical to H.R. 249. provide that persons having seriously Renacci Shuster Womack Ribble Simpson Woodall f delinquent tax debts shall be ineligible Rice (SC) Smith (NE) Yoder for Federal employment, on which the Rigell Smith (NJ) Yoho REMOVAL OF NAME OF MEMBER yeas and nays were ordered. Roby Smith (TX) Young (FL) AS COSPONSOR OF H.R. 1101 The Clerk read the title of the bill. Roe (TN) Southerland Young (IN) Mr. THOMPSON of Mississippi. Mr. Rogers (AL) Stewart The SPEAKER pro tempore. The Speaker, I ask unanimous consent that question is on the motion offered by NAYS—159 my name be removed as a cosponsor of the gentleman from California (Mr. Amodei Hahn Perlmutter H.R. 1101. ISSA) that the House suspend the rules Andrews Hanabusa Peterson The SPEAKER pro tempore. Is there and pass the bill. Barber Higgins Pingree (ME) objection to the request of the gen- This is a 5-minute vote. Bass Hinojosa Pocan tleman from Mississippi? The vote was taken by electronic de- Beatty Holt Price (NC) There was no objection. Becerra Horsford Rahall vice, and there were—yeas 250, nays Bishop (GA) Hoyer Rangel f 159, not voting 23, as follows: Bishop (NY) Huffman Reed MESSAGE FROM THE SENATE [Roll No. 105] Blumenauer Israel Rooney Bonamici Jackson Lee YEAS—250 Roybal-Allard A message from the Senate by Ms. Brady (PA) Jeffries Ruppersberger Curtis, one of its clerks, announced Aderholt DeFazio Hultgren Braley (IA) Johnson (GA) Rush Alexander DelBene Hunter Bustos Johnson, E. B. Sa´ nchez, Linda that the Senate has agreed to a concur- Amash Denham Hurt Butterfield Kaptur T. rent resolution of the following titles Bachmann Dent Issa Capuano Kelly (IL) Sanchez, Loretta in which the concurrence of the House Bachus DeSantis Jenkins Ca´ rdenas Kennedy Sarbanes is requested: Barletta DesJarlais Johnson (OH) Carson (IN) Kildee Schakowsky Barr Diaz-Balart Johnson, Sam Cartwright King (NY) Schiff S. Con. Res. 8. Concurrent resolution set- Barrow (GA) Dingell Jones Castro (TX) Kirkpatrick Schrader ting forth the congressional budget for the Barton Duffy Jordan Chu Langevin Scott (VA) United States Government for fiscal year Benishek Duncan (SC) Joyce Cicilline Larsen (WA) Bentivolio Duncan (TN) Kelly (PA) Scott, David 2014, revising the appropriate budgetary lev- Clyburn Larson (CT) Bera (CA) Ellmers Kilmer Serrano els for fiscal year 2013, and setting forth the Cohen Lee (CA) Bilirakis Esty Kind Sewell (AL) appropriate budgetary levels for fiscal years Connolly Levin Bishop (UT) Farenthold King (IA) Shea-Porter 2015 through 2023. Conyers Lewis Black Fitzpatrick Kingston Sherman Crowley f Blackburn Fleischmann Kinzinger (IL) Loebsack Sinema Cummings Bonner Fleming Kline Lofgren Sires TERROR HITS BOSTON MARATHON Boustany Flores Kuster Davis (CA) Lowenthal Slaughter Davis, Danny Brady (TX) Forbes Labrador Lowey Smith (WA) (Mr. POE of Texas asked and was DeGette Bridenstine Fortenberry LaMalfa Lujan Grisham Speier Delaney given permission to address the House Brooks (AL) Foxx Lamborn (NM) Swalwell (CA) DeLauro Luja´ n, Ben Ray for 1 minute and to revise and extend Brooks (IN) Franks (AZ) Lance Takano Deutch (NM) Broun (GA) Frelinghuysen Lankford Thompson (CA) his remarks.) Doggett Maloney, Brownley (CA) Gallego Latham Thompson (MS) Mr. POE of Texas. Mr. Speaker, Doyle Carolyn Buchanan Garcia Latta Tierney today is Patriot’s Day in Boston. To Bucshon Gardner Lipinski Duckworth Matsui Titus Burgess Garrett LoBiondo Edwards McCarthy (NY) commemorate Boston’s fierce spirit of Tonko Calvert Gerlach Long Ellison McCollum independence, Bostonians host a world- Tsongas Camp Gibbs Lucas Engel McGovern wide marathon. Campbell Gingrey (GA) Luetkemeyer Enyart Meeks Van Hollen Cantor Gohmert Maffei Eshoo Michaud Vargas Today, as runners approached the Capito Goodlatte Maloney, Sean Farr Miller, George Veasey finish line of the marathon, terror Capps Gosar Marino Fattah Moran Vela erupted: two explosions, 14 seconds Carney Gowdy Massie Foster Nadler Vela´ zquez apart. Two other bombs were also Carter Granger Matheson Frankel (FL) Napolitano Visclosky Cassidy Graves (GA) McCarthy (CA) Fudge Neal Walz found by law enforcement. The scene Castor (FL) Graves (MO) McCaul Gabbard Negrete McLeod Wasserman was described as a war zone. Chabot Griffin (AR) McClintock Garamendi Nolan Schultz Amidst the chaos and blood-filled Chaffetz Griffith (VA) McHenry Gibson O’Rourke Waters streets, there was a group of people Coble Guthrie McIntyre Grayson Owens Watt Coffman Hall McKeon Green, Al Pallone Waxman who ran towards the danger, as they al- Cole Hanna McKinley Green, Gene Pascrell Welch ways do. They were America’s first re- Collins (GA) Harper McMorris Grijalva Pastor (AZ) Wilson (FL) sponders. They were there within mo- Collins (NY) Harris Rodgers Grimm Payne Yarmuth ments. They disregarded their own Conaway Hartzler McNerney Gutierrez Pelosi Young (AK) Cook Hastings (WA) Meadows safety to assist the wounded and secure Cooper Heck (NV) Meehan NOT VOTING—23 the area. Costa Heck (WA) Messer Fellow marathon runners from all Cotton Hensarling Mica Brown (FL) Honda Miller, Gary Cramer Herrera Beutler Miller (FL) Clarke Keating Moore different States and countries also res- Crawford Himes Miller (MI) Clay Lummis Pittenger cued strangers and the wounded. They Crenshaw Holding Mullin Cleaver Lynch Richmond helped treat their wounds and carried Cuellar Hudson Mulvaney Courtney Marchant Rohrabacher others to safety. Offers of help are com- Culberson Huelskamp Murphy (FL) Davis, Rodney Markey Thornberry Daines Huizenga (MI) Murphy (PA) Fincher McDermott Westmoreland ing from all over the United States. Hastings (FL) Meng

VerDate Mar 15 2010 03:45 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.041 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2013 There are two confirmed dead and over THE BOSTON TRAGEDY NASA engineers, learning important 100 injured. (Ms. JACKSON LEE asked and was engineering skills. We should inspire The person of interest in custody is given permission to address the House these students and others to explore reportedly a 20-year-old Saudi na- for 1 minute.) careers in robotics and other science, tional. Those responsible for this at- Ms. JACKSON LEE. Mr. Speaker, it technology, engineering, and math tack of death and terror must be was my intent as well, as my colleague fields. brought to justice because, Mr. Speak- indicated, to come to the floor and dis- I’m proud to say that Minnesota has er, justice is what we do in this coun- cuss and urge the fast consideration of now led the Nation in robotics innova- try. gun safety legislation and to speak as tion and education, and I’d like to wish And that’s just the way it is. well to the jurisdictional issue of the all the students taking part in this Homeland Security Department work- May’s Minnesota State High School f ing on cybersecurity. League’s robotics competition good But I, too, believe it is most impor- luck. 1920 b tant to offer my deepest sympathy to f those who lost their lives in Boston on THE BOSTON TRAGEDY THE BOSTON TRAGEDY Patriots’ Day in this Boston Marathon (Ms. EDWARDS asked and was given that all the world comes to; to thank (Mr. GOHMERT asked and was given permission to address the House for 1 the first responders, including nurses permission to address the House for 1 minute.) and doctors, volunteers, marathon run- minute.) Ms. EDWARDS. Mr. Speaker, I had ners, and those who came from around Mr. GOHMERT. Mr. Speaker, this planned to come to the floor this the world to be in this unifying event. was to be a happy and glorious day in evening, as we do every Monday, to We give to them our deepest concern. Boston. Because of the explosions that talk about the importance of climate I express my deepest sympathy to my were set off by evil people, at least two change and the importance of this colleagues who represent the Boston have been killed, we’re told, and scores country addressing an issue that is so area, to Governor Deval Patrick, and of others wounded. critical in front of us. But it seems to- to those families who lost loved ones Our thoughts and our prayers go out night that it’s actually quite more ap- and those who are now lingering in for those who were wounded and in- propriate to offer my sincere condo- hospital beds. I wish them well and jured and for the families of those who lences to the people of Boston, Massa- stand with my colleagues as we did on were killed. That will continue as the chusetts, but most especially to those 9/11 and many other times, that those hurting continues, and may God help who’ve been injured and lost their lives who perpetrated this heinous act will us to respond in a proper manner. and to their families, and to offer up be brought to justice. f from the Fourth Congressional District As a member of the Homeland Secu- and from all of us as Americans, that rity Committee, Mr. Speaker, I also THE COMING EFFECTS OF THE we stand united behind this city in its hope to look at venues and big events AFFORDABLE CARE ACT efforts to bring those who committed in the pending weeks and months so The SPEAKER pro tempore (Mr. this great harm to justice, but also to that we can reassess the safety and se- SALMON). Under the Speaker’s an- stand with the families of first re- curity for the American people. That is nounced policy of January 3, 2013, the sponders and all of those who are called our charge and our responsibility, and gentleman from Texas (Mr. BURGESS) is to action. I know that together we will be able to recognized for 60 minutes as the des- accomplish it. ignee of the majority leader. f Again, my deepest sympathy for this Mr. BURGESS. Mr. Speaker, I thank loss. We cannot express the depths of the House leadership for allowing me THE BOSTON TRAGEDY the feelings of sympathy that we have. to utilize this hour to talk about some (Mr. THOMPSON of Pennsylvania May God bless you, and may those of the coming effects of the Affordable asked and was given permission to ad- who have lost their lives, may they Care Act. dress the House for 1 minute and to re- rest in peace. THE BOSTON TRAGEDY vise and extend his remarks.) f Mr. BURGESS. First, I do want to Mr. THOMPSON of Pennsylvania. take a moment and join with so many Mr. Speaker, earlier today, two explo- RECOGNIZING NATIONAL of my colleagues who have just spoken sions tore through the finish line of the ROBOTICS WEEK on the floor in acknowledging the sac- Boston Marathon, according to the (Mr. PAULSEN asked and was given rifices that were made by first respond- Boston Police Department. These permission to address the House for 1 ers, people who ran toward the sound of blasts have so far reportedly resulted minute and to revise and extend his re- the destruction this afternoon in Bos- in several deaths and perhaps more marks.) ton; and I certainly would recognize than 100 injuries. Mr. PAULSEN. Mr. Speaker, I want that even now, at this late hour, doc- Mr. Speaker, when faced with such to just rise and congratulate and cele- tors and nurses are working in the adversity, now is the time for the brate those that have been partici- emergency rooms in Boston to try to American people to come together with pating as a part of National Robotics provide comfort to the afflicted and their thoughts and prayers for those Week this week. save life and limb for those who were who have been injured and those lives Mr. Speaker, robotics have become damaged this afternoon, an act so as- that have been so tragically lost. an increasingly important part of our tonishing in its cruelty, it is difficult My thoughts and prayers are also lives both in the workplace and at to comprehend. with the Boston fire rescue and emer- home, and the opportunities for this Mr. Speaker, in 51⁄2 short months gency medical personnel that, as I exciting industry grow daily. from right now, October 1, 2013, the full speak, are still on the job. Minnesota has now developed into a effects of the Patient Protection and My thoughts and prayers are also leading robotics ecosystem with dy- Affordable Care Act are going to start with the Boston police and investiga- namic organizations like Robotics to be felt around the country. It’s im- tors, that they will quickly determine Alley. Minnesota is now in the fore- portant that we take a few moments who is responsible for what appears to front of finding opportunities for robot- this evening and think about the road be a cruel, senseless, and cowardly act. ics innovation and growth outside their ahead, think about the things that are Today marks the 238th annual Patri- traditional military role. supposed to come online on October 1, ots’ Day in Boston. Mr. Speaker, let it Last month I had a chance to visit and think about the contingencies if be known that the evil that transpired the robotics lab at Weaver Lake Ele- those things are not able to be accom- today will not deter the courage of mentary School in Maple Grove, where plished. American patriots from the past, the I saw sixth grade students that were It was just a few weeks ago in this present, or the future. participating in a Google Hangout with town when speaking to the American

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.045 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2014 CONGRESSIONAL RECORD — HOUSE April 15, 2013 Health Insurance group, one of the in- Now, what does the Secretary of the stitutional, and the law was allowed to formation technologists from Health Department of Health and Human stand. and Human Services talked about this Services have to say about all of this? Leading up to that day that the Su- informational hub that is supposed to She maintains that the Affordable Care preme Court made that pronounce- be developed by the Department of Act will lower the cost of premiums for ment, I was so convinced that we as Health and Human Services, this infor- everyone; but in fact, in the past cou- Members of Congress had an obligation mational hub that will allow people to ple of weeks, she has admitted: to our constituents—to people who go online to sign up for their benefits These folks will be moving into a really were, in fact, thinking that they were under the Affordable Care Act. The fully insured product for the first time, and covered under the Affordable Care comments of this individual were quite so there may be a higher cost associated Act—to provide a contingency plan, revealing. Speaking to an AHIP group with getting into that market. particularly for those people who were earlier this year, he said: Translation: you’re going to be pay- covered under this new Federal pre- The time for debating about the size of the ing more. existing condition insurance plan. text on the screen or the color or whether She goes on to say: Well, it turns out I wasn’t right, and it’s a world-class user experience, that’s Some men and some younger customers the law was constitutional. what we used to talk about 2 years ago. Now could see their rates increase. Women and But what would have happened last let’s just make sure it’s not a Third World older customers could see their rates drop. June 30 if the Supreme Court had said experience. So, Mr. Speaker, I would submit that that it was unconstitutional, and the That’s a pretty sobering admission the coming rate shock is something for whole thing was struck down? As a from someone who is charged with pro- which people are actually unprepared. consequence, people who were in the viding the information hub, the infor- They have been told for 3 years that, preexisting condition program would mation technology, the computer ar- after all, this is the Affordable Care have found themselves without insur- chitecture that is supposed to be the Act, and it’s going to make health care ance, and that would have been a pret- underpinnings of the Affordable Care more affordable for all Americans; but ty significant event to have occurred. I Act. the reality is somewhat different from felt that we needed to have a contin- Bear in mind, it was 3 years ago, the truth that is espoused by the De- gency plan to cover those individuals. Now here we are some 6, 8 months March of 2010, that the Affordable Care partment of Health and Human Serv- later; and what happened in January of Act was signed into law. So 3 years ices. this year? The PCIP program ran out later, billions of dollars spent in the Let’s think about some of these of money. It ran out of money at the implementation phase, and they’re not things for just a minute, because they end of January, and they said, We’re sure if they can get this computer sys- are important. Remember when the Af- not taking any more people into this tem up and running by October 1, fordable Care Act was debated? Re- which, by law, is when it is supposed to program. member the President’s discussing the We had a hearing a couple of weeks kick in. Affordable Care Act? Everyone wanted ago in the Committee on Energy and b 1930 to talk about patients with preexisting Commerce and heard from a patient conditions: patients with preexisting That is a pretty significant admis- who had thought she was in the queue, conditions are frozen out of the sys- in that waiting period, to get into the sion from the information architect at tem; patients with preexisting condi- the Department of Health and Human Federal preexisting condition program tions can’t get care. Well, they meant except that they suspended enrollment Services. couldn’t get insurance, because people Now, when Barry Cohen, who is the at the end of January. You’ve got to can get care. Nevertheless, this was head of the Center for Consumer Infor- believe that there were a lot of people proposed as an enormous problem. The mation and Insurance Oversight in the who were in that 6-month waiting pe- Affordable Care Act was going to fix it. riod who were waiting for their time to Department of Health and Human How did the Affordable Care Act fix Services, was addressing the same come up so that they could, in fact, en- it? roll in this preexisting condition pro- group in response to a question, he was Next year, when the exchanges are up a little bit unclear as to whether or not gram; but as of the end of January, and running or when Medicaid is ex- they were shut out. So the committee they would be, in fact, ready on that panded, people, indeed, may be incor- October 1 deadline. wrote a letter to the President that porated into that system. Until that said, We’d like to help you here. There He said: day arrives, they were to be taken care We’ll have to wait. Then we’ll be in a posi- are probably other moneys in the Af- of through what is known as the Pre- fordable Care Act that can be moved tion to know which contingency plans we ac- existing Condition Insurance Program, tually have to implement. around and can continue to cover these or PCIP, which is the Federal pre- In other words, we can’t plan for the individuals until January 1 of 2014 existing risk pool that was set up for when the exchanges and the Medicaid contingency until we get there and see the first time under the Affordable that a contingency plan is necessary. expansion and all of the goodies pre- Care Act. Five billion dollars was put scribed in the Affordable Care Act can But, after all, what are contingency forward to help people with preexisting plans but those plans that are put in come on line. conditions with their premiums. Now, One of the things that we were told place because something unexpected there was a little bit of a barrier to in leading up to the passage of the Af- may happen? entry. You had to be uninsured for 6 fordable Care Act is that there were Last week, on the other side of the months’ time before you would be eligi- Capitol, in the other body, the Senator millions of people who fell into this ble for coverage under the preexisting preexisting condition trap. In fact, on from West Virginia said: condition program. the floor of the House, you heard peo- ObamaCare is so complicated, and if it I’ve got to tell you, Mr. Speaker, I ple quote figures of 8 to 12 million peo- isn’t done right the first time, it will just thought the Supreme Court was going simply get worse. ple. The Speaker of the House at that to knock this thing out of the water. I time, Speaker PELOSI, said 125 million That’s a pretty startling pronounce- thought there was no way in the world people had preexisting conditions. In ment from someone who was, in fact, a the highest court of the land could fact, that was a little bit of a mis- pretty big cheerleader for the Afford- look at this thing and agree that it is nomer because, when you look at the able Care Act when it went through the constitutional under the Commerce people who are covered by insurance in Senate. Clause; that is, you can compel com- this country, the vast majority is cov- He went on to say: merce in order to regulate it. I just ered under what’s called a ‘‘large group I believe that the Affordable Care Act is knew that that day when the Supreme plan,’’ or what we know as ‘‘employer- probably the most complex piece of legisla- Court ruled that they would agree with tion ever passed by the United States Con- sponsored insurance.’’ A preexisting gress. Tax reform has obviously been huge, me. In fact, they did; but then they condition exclusion can occur in that too, but up to this point, this—the Afford- went on to say that, in fact, since it’s environment, but it’s much, much able Care Act—is just beyond comprehen- all a tax, Congress has the power to rarer, and there are typically open en- sion. tax, and for that reason, it’s not uncon- rollment periods in which a person can

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.047 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2015 get taken on to his employer’s insur- ate 4 million jobs, 400,000 jobs almost you have to ask yourself, are they ger- ance. Now, for 65 percent of the popu- immediately. Well, that hasn’t turned mane to someone who is applying for lation, that’s not the issue. Certainly, out to be exactly true, either. health insurance. But nevertheless, the for people in the small group market The Federal Reserve reported that application is out there. It’s in the pub- and in the individual market, in the employers are citing the uncertainty lic domain, albeit it’s a draft at this small group market and in the indi- embedded in the Affordable Care Act as point. My hope is that the Department vidual market, there was a problem. reasons for layoffs in companies and of Health and Human Services will re- On the numbers that people quoted the reluctance to hire new employees. fine that, but most of the 27- to 35- prior to the passage of the Affordable The application that was proposed by year-olds that I know are not going to Care Act—8 million, 10 million, 12 mil- the Department of Health and Human spend a lot of time filling out a 21-page lion people—how many people were in Services for people to fill out to get application. the Federal preexisting condition pro- coverage in the exchanges next year We were told in the run-up to the gram at the end of June when I worried actually asks an applicant if their job passage of this law that it would, in that the Supreme Court was going to is no longer offering health coverage in fact, pay down the deficit. It was $142 strike the whole thing down? the next year. Clearly embedded in the billion over 10 years, but it was sup- There were 65,000 people and cer- Affordable Care Act was a risk to job posed to reduce the deficit. Does any- tainly every one of those individuals creation in this country, and we’re now body really believe that anymore? Of with a compelling story—and not a seeing that actually come into being. course not. And now the further eval- small population but a manageable The law does not treat everyone the uation of the costs and the expansive costs that are going to occur under the population. If we are just talking about same. It creates essentially a new Affordable Care Act, probably an addi- trying to correct a problem for 65,000 underclass. It promises universal cov- tional $1.5 trillion, at a conservative people in a country of 310 million, I erage, but it leaves some workers’ fam- estimate, as to what this will add to would submit that we can do that with- ilies without coverage. Now, one of the the deficit over the next 10 years, and out destroying the existing program, most significant embedded problems in the Affordable Care Act is if an indi- this is just for the subsidies and the ex- the employer-sponsored insurance, that changes and for the Medicaid expansion people said they liked and wanted to vidual is working and their employer is providing them employer-sponsored in- alone. keep. Now, why does that matter? Mr. surance, that employer is required to Remember, if you like what you Speaker, it matters because in just a do that; or if that employee looks for have, you can keep it? few short weeks, the statutory bor- Instead of taking care of a problem coverage in the exchange, that em- rowing authority of the United States for a relatively finite but compelling ployer may be fined. But if the em- will be met or exceeded. And this Con- population, the administration and, at ployer provides that employer-spon- gress, this House, will once again be in- the time, the congressional Democrats sored insurance, great. But he doesn’t volved in another discussion about pushed through a bill of ‘‘we just want have to apply it, he doesn’t have to raising the debt limit. In July of 2011, to control everything about your provide that insurance to their family. we had this discussion. It was pretty health care.’’ They got their wish, but This is a significant problem because acrimonious and attracted a lot of at- now we had probably 100,000 people in that family, which right now may be tention and a lot of publicity, none of January who were in the Federal pre- covered, next year may not. it good. We’re going to have that same existing condition program, and now But here’s the other part of that. fight occur again. no new people can sign up for it be- That family would not be eligible for a A lot of people are concerned about cause it is going to run out of money. subsidy in the insurance exchange be- the sequester. They say, we wish the Mr. Speaker, I would submit that cause the employer is providing the sequester had never happened. But re- there is other money available in benefit to the employee, but there was member, the sequester was what the things like, we call them, ‘‘slush nothing in the law that said they had President proposed in order to get the funds’’ that were built into the Afford- to continue family coverage. So who is expansion of the debt limit to a point able Care Act; things like the Medicare going to be affected, primarily women where he would not have to deal with it Modernization Act; things like the and children. A headline in the Fort again until after election day 2012. So fund that is to allow for other activi- Worth Star Telegram a few weeks ago, the President got his wish. He said the ties in the Centers for Medicare & Med- and the Fort Worth Star Telegram is sequester was good; it will allow us to icaid Services. So, by just shifting generally supportive of the administra- get past this point and to move on. But some money around, these people who tion and generally supportive of the Af- now people are dealing with the after- have preexisting conditions, in fact, fordable Care Act, but under their math. could be taken care of, and we have the headline was, ‘‘500,000 Children to Lose I would just ask you, what is the se- ability to do that. Really, it would be Health Benefits Under the Affordable quester going to look like in the sum- a relatively easy lift at this point, and Care Act.’’ mer of 2013, because the debt limit will perhaps next week we’ll see legislation This was actually not through some- not be just expanded to cover the obli- on the floor. thing that was revealed in the Depart- gations. There is going to have to be Can you imagine if this had been a ment of Health and Human Services, some spending discipline that goes Republican President who had taken but rather a rule that was proposed by along with that. I don’t know what people off the Federal preexisting con- the Department of the Treasury and that will be. I’m not privy to those dis- dition program? You would have heard the Internal Revenue Service. It turns cussions, but will all the money that is about it from every newspaper in the out that children who lose insurance promised to be there for the Medicaid country, and every television outlet in because the primary employee will be expansion, for the subsidies in the ex- the country would have talked about covered but the family will not, those change, will it in fact be there, or will it. How much did you hear? Well, children who lose insurance will not be that be exposed to some type of seques- you’re probably hearing about it to- fined by the IRS for not complying ter-type device? I don’t know the an- night for the first time. You’ll hear with the insurance mandate; but that swer to that question, but those are about it a little bit more next week. is scant consolation for the fact that questions in which this House will have People don’t want to talk about the now they have no insurance and they to deal in literally a few short weeks’ failures embedded in the Affordable have no reasonable way of achieving time. Care Act, but it is important that we that because, after all, the cost for in- There has been significant tax policy do so. surance is going to significantly in- that has gone into effect since the Af- crease under the Affordable Care Act. fordable Care Act was passed. Just this b 1940 There is a 21-page application for year, five new taxes—significant Now, when this bill was passed into Americans who feel that they should be taxes—have occurred, as a result of the law, March of 2010, the then-Speaker of covered under the Medicaid expansion. Affordable Care Act. There’s a payroll the House, Speaker PELOSI, claimed A 21-page application is pretty signifi- tax that has increased almost 1 per- that the Affordable Care Act would cre- cant. It does ask some questions that cent, 0.9 percent.

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.048 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2016 CONGRESSIONAL RECORD — HOUSE April 15, 2013 A payroll tax for people who earn there was a 7.5 percent exclusion from was the number. It did go through the over $200,000 a year, joint filers of your adjusted gross income, that is, committee process. It was amended $250,000 a year, some people look at until your medical expenses equaled 7.5 several times in the various House that and say we knew that Medicare percent of your adjusted gross income, committees. From there it went to the was getting into trouble. Maybe that is you didn’t get to deduct medical ex- Speaker’s desk, where it was all kind of a good thing that that payroll tax for penses from your tax. That amount has consolidated; all three committee prod- Medicare has gone up. Well, it might be actually increased to 10 percent for ucts were kind of melded into one, and except the money doesn’t stay in the next year. So people who were accus- then it came to the floor of the House, Medicare trust fund. It’s collected, and tomed, people with a lot of medical ex- doubled in size, during that 2- or 3- then it immediately goes into the gen- penses who were accustomed to keep- month hiatus, and was passed by the eral revenue in order to pay for or off- ing up with those receipts and then House of Representatives in the fall, in set the cost of the subsidies that are being able to deduct those medical ex- November of 2009. going to exist in the insurance ex- penses as they exceeded 7.5 percent of Not a single—well, one Republican change. their adjusted gross income, they’re vote, and the rest carried by Demo- One of the more onerous taxes that now not going to be able to deduct crats. Thirty-five Democrats voted was begun on January 1 was a 2.4 per- those expenses until after 10 percent of against it because of some of the prob- cent gross receipts tax on medical de- their adjusted gross income. lems contained within that legislation. But the important thing is, as bad as vices. Class II and class III medical de- b 1950 vices as defined by the Food and Drug I think it is, it did go through the reg- So who have we punished here? ular House process. We may have been Administration are now subject to a 2.4 We have punished the families with percent gross receipts tax. That’s not a curtailed in the number of amendments special needs children. We have pun- we could offer in committee. Our time tax on profits; that’s a tax on gross ished people with chronic medical con- sales. It is significant. Sure, there are for debate in committee may have been ditions. We’ve basically gone after the limited but, nevertheless, it did come some big companies that will make sickest Americans to say you’re going due; but really it’s the small entre- through the committee process. to pay a little bit more for what every- Not so in the Senate. H.R. 3200 has preneur who is developing medical de- one else is going to receive in the Af- vices, and this is happening all the never been seen or heard from again. It fordable Care Act. passed the House, went over to the time. Those individuals are the ones There is going to be a tax on insur- Senate to await activity, and there it who are going to be particularly hard ance companies—I’m sorry—a tax on went, up into the ether somewhere. No hit. And, as you can imagine, it may insurance policies that people will have one really knows what happened to it. reduce some of that entrepreneurial ac- to pay. This will go into a couple of dif- But, wait a minute. There’s a health tivity or send it overseas. ferent accounts, a couple of different care law that was signed by the Presi- We already have a Food and Drug Ad- funds, but the bottom line is it costs dent in March of 2010. How did the ministration that’s sometimes difficult more every year to buy your insurance. health care law come into being? to deal with as far as getting things ap- And then, beginning in 2018, the so- Well, the House had passed another proved. Europe and Central Asia are called tax on Cadillac insurance plans bill in July of 2009. It was H.R. 3590, not so difficult to deal with. And, hey, kicks in. And who’s this going to af- dealt with housing. I think it passed by the way, there’s not that gross re- fect? the House with very few negative ceipts tax. Perhaps we ought to move Well, yes, it will affect higher-income votes. But it was a housing bill. our manufacturing somewhere else. earners who get a generous insurance It went over to the Senate to await And, of course, the jobs go with the policy. But it also affects union mem- further activity, and that’s the bill manufacturing. bers whose insurance policies were part that was picked up by Senate leader- There’s been a change in what are of their collective bargaining agree- ship that was brought to the floor of called flexible spending accounts. ments over time, and those policies the Senate and amended. The amend- Flexible spending accounts are that which now are going to be judged to be ment read ‘‘strike all after the enact- money which you are able to designate Cadillac plans will actually be taxed at ing clause and insert,’’ striking, of at the beginning of every calendar a much higher rate starting in 2018. course, the language for the housing year, and you can have pretax dollars There was supposed to be an ex- bill, which was the base bill, and in- that can be spent for recurrent medical change set up for small business. It was serting health care language, and that expenses. called the SHOP Exchange, small busi- was the bill that the Senate passed late This now has been capped at $2,500 a ness health policies. Twenty-nine times on Christmas Eve in 2009, right ahead year. The amount was much higher there were deadlines that were missed of a big snowstorm that was coming to previously; but under the Affordable in setting up the SHOP exchanges. And town. Care Act, in order to offset some of the now, just in the past couple of weeks, All the Senators wanted to get out so additional costs of the Affordable Care the Department of Health and Human they passed this bill. Sixty votes. Not a Act, they said we’re going to cap those Services said, it’s pretty tough, pretty single Republican vote. Passed with en- flexible spending account contributions complicated. We don’t know if we can tirely Democratic votes. to $2,500. That started this year. do it or not, but we’re giving ourselves Now, under normal circumstances, So if you’ve got a recurring medical another year. This won’t happen until H.R. 3590, which was now the Senate expense that occurs every year, and 2015. health care bill, and H.R. 3200, which think about someone with a family I think this is one of the things that was the House bill, would have gone to member who has a chronic medical really caused some of the consterna- a conference committee. They would condition or a family with a special tion over in the Senate because in the have worked rough edges out. They needs child where they wanted to be other body this was one of the deals would have worked the differences out able to set some dollars aside at the be- that they made in order to get the Af- between the two bills, and a conference ginning of the year, not have them fordable Care Act passed, in order to report would have come back to both taxed so that they could pay for what- get it to the floor of the Senate in the Houses of Congress, the House and the ever it was that was going to be re- fall of 2009. Senate, and that would have been quired, they are now capped at $2,500. It is instructive for people to remem- voted on, up or down. People are going to very quickly find ber how this thing came to be in the The problem was that, remember, it that amount is exceeded, and that they first place. Now, in the summer of 2009, took 60 votes to pass it on the Senate have been caught in this so-called FSA the committees of jurisdiction here in side. Shortly after H.R. 3590 passed on trap, or flexible spending account trap. the House—Ways and Means, Energy the Senate side, a Democratic seat was For people who deduct medical ex- and Commerce, Education and Labor— lost. Scott Brown was elected from penses from their income tax, and as all debated a version of the House Massachusetts and, as a consequence, you know, currently for the last tax health care reform bill. that 60th vote was no longer available year for which we all just prepared our Now, make no mistake about it. I to the Democratic leadership in the taxes and filed them this evening, think it was a crummy bill. H.R. 3200 Senate.

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.051 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2017 So what are they going to do? Well, the answer, Mr. Speaker, is be- terrorist attacks against Americans in Well, they said that the House will cause they were dealt out of the proc- the United States. And it troubles us just simply have to pass H.R. 3590. ess. And then, the rulemaking that more when it happens here rather than After all, it was a House bill that was started happening after the law was when Americans are attacked any- passed already by the House in July of signed began to scare them, but a lot of where else in the world. 2009, amended by the Senate, to become the rules were held until after Election But, Mr. Speaker, I add to this point a health care bill. All that is required Day. that we are a resilient people. We are for it to become law is for the House to The rule governing essential health proud, self-confident, tenacious people. take a vote; will the House now concur benefits—what Governor in their right And if anyone attacks Americans, with the Senate amendment to H.R. mind is going to sign on to an exchange thinking somehow that it weakens our 3590. So many as in favor, say aye. program where they don’t even know resolve, it has the exact opposite ef- If that is a simple majority, 218 votes what they’re going to be required to fect. It strengthens our resolve, it here in the House of Representatives, if cover? They don’t know how much brings us to action, it galvanizes us to that is a simple majority, then that’s money it is going to cost them? action. Even though as years go by and the end of the discussion. The bill goes Well, it’s no surprise that 26 States we look back on some of these attacks down the street to the White House for said no dice to the exchange. An addi- on Americans and that our vigor might a signing ceremony, and that’s exactly tional six States said maybe we’ll do a diminish because we may think we what happened. partnership, but you go ahead and set have resolved some of the issues with Now, it took 3 months to accomplish the program up through the Federal regard to the terrorists that are at- that, because no one here in the House level first. tacking us, Mr. Speaker, I announce thought H.R. 3590 was a very good leg- And as consequence, the Office of here to you tonight that the American islative product. Personnel Management is now required people are going to stand together. We In fact, let’s be honest, Mr. Speaker. to set up exchanges for 26 States, plus stand with the people in Boston, we It was a rough draft that had been pro- six that might want partnership, and stand with the Massachusetts delega- duced by the Senate Finance Com- that’s a tall order, which is why Gary tion, we stand with the Northeast, we mittee, the staff of the Senate Finance Cohen said, I’m not sure we’re going to stand with the 50 States. We stand to- Committee, as a vehicle to get the Sen- need a contingency plan, but we can’t gether in defiance of the kind of ter- ate to conference with the House. They know what contingency we have until rorism that attacks Americans. never expected for this thing to be we actually get there. We stand for some things here, Mr. signed into law. It was a vehicle to get I will submit there is going to be a Speaker, and there are a series of com- to a conference to then sit down with need for a contingency plan. The soon- ponents of what it takes to be an the House, and let’s work out these dif- er that the agencies admit that to the American or become an American. It ferences between the two of us, and appropriate committees in the House starts with the list of the pillars of then we’ll get a conference committee and Senate, the sooner they can begin American exceptionalism, which along product to come to the floor. But it to work on a solution for a problem. the line of that list, Mr. Speaker, are didn’t work out. Because, Mr. Speaker, let’s face it. freedom of speech, religion, the press, As a consequence, the bill that was January 1 of 2014, there’s going to be an freedom of assembly, keep and bear signed into law was one that was never emergency room, there’s going to be an arms. They’re the property rights. In intended to become law. It was a prod- operating room, there’s going to be a our judicial branch there’s no double uct produced by the staff of the Senate delivery room where a patient and doc- jeopardy. You are tried by a jury of Finance Committee as a vehicle to get tor are going to come in contact with your peers. You can face your accuser. them out of town before Christmas Eve each other, and they don’t need the un- The powers that are not delineated in so that they could then get to the con- certainty of what this legislation has the Constitution, enumerated in the ference committee where the real dealt them. Constitution, are devolved to the work, the real work of writing this I thank the Speaker for the time this States or the people, respectively. All health care law would occur. evening, and I yield back the balance of of these are components of American The American people were cheated by my time. exceptionalism. this process, Mr. Speaker. And now, Along with that, there’s another we’re left to deal with the con- f component: free enterprise capitalism. sequences. b 2000 And there’s a piece to this also, which And what are the consequences? is the rule of law. It says in the Con- IMMIGRATION REFORM 500,000 children, according to the stitution ‘‘the supreme law of the Fort Worth Star-Telegram, being The SPEAKER pro tempore (Mr. land.’’ And we must abide by the Con- taken off their parents’ employer-spon- ROTHFUS). Under the Speaker’s an- stitution and the language in it. The sored insurance. People in the pre- nounced policy of January 3, 2013, the language in the Constitution isn’t existing program who had been waiting gentleman from Iowa (Mr. KING) is rec- something that can be redefined away patiently for their turn are now told, ognized for the remainder of the hour from us, but instead, Mr. Speaker, it is we’re sorry, it’s full up. No more space. as the designee of the majority leader. a written contract. It’s a contract from You can’t come in. Mr. KING of Iowa. Thank you, Mr. the generations that ratified the Con- It didn’t have to be this way. There Speaker. It’s my privilege to be recog- stitution and the subsequent amend- were good ideas on both sides that nized by you to address you here on the ments to the succeeding generations. could have been taken into account. floor of the United States House of Our charge is to preserve, protect, One of the fundamental questions I Representatives. and defend this Constitution of the think we have to ask ourselves over On this tragic day, as we watch the United States. And if we find that the and over again is where were the coun- events unfold in Boston, each of our wisdom of our predecessors didn’t fore- try’s Governors when this bill was ac- hearts go out and our prayers go out to see circumstances in the current area tually written. Well, of course it was the victims, the victims’ families, and where we are, we have an obligation written by the Senate Finance Com- all of those who are doing so much to not to redefine the Constitution, de- mittee staff, so the Governors were no- put back together the great city of fend always the language of the Con- where in the room. A lot of deals that Boston while our hearts bleed for the stitution and the understanding of the were struck between some of the spe- whole country. I am, I think, opti- meaning of that language at the time cial interest groups and the White mistic since the President—at least his of ratification, but instead have House were all done down at the White Office—has declared this to be an act of enough courage to use the tools to House in July of 2009. The Nation’s gov- terror. It clearly is—the timing, the amend the Constitution if we need to. ernors weren’t involved in that. planning, the strategy. I believe we The supreme law of the land. Why were the Nation’s governors so will bring those perpetrators to justice. The rule of law is an essential pillar reluctant to accept the exchanges, the Many of us fear that this is another of American exceptionalism. Without Medicaid expansion? episode in a long series of episodes of it, we wouldn’t have a reason to uphold

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.053 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2018 CONGRESSIONAL RECORD — HOUSE April 15, 2013 the Constitution. It could be defined That’s the last component of the Amer- American citizens naturalized that away from us. And I often speak to ican exceptionalism that I’ll list here day—and he said: Look out that win- groups of people and inform them that tonight. dow. When you look out the window of the Constitution guarantees us these American vigor. Now where does that the Indian room at the Old Executive rights but it can’t be guaranteed and come from? Well, we have natural-born Office Building, you see into the South upheld generation after generation un- American citizens that are part of this Lawn and the White House from the less each generation defends the lan- civilization and culture. These natural- side. He said: From this day, the person guage that’s in the Constitution, the born American citizens are the de- who lives in this house next door— original understanding of the language scendants of those who came here will- pointing to the White House—is no in the Constitution, and exercises ingly with a dream. When they came more American than you are. those constitutional rights. here with a dream, they saw the prom- Now, that’s a profound statement. Can you imagine, Mr. Speaker, if our ise of the Statue of Liberty. And in the It’s true in the United States, and I society decided at some point we’re not image of the Statue of Liberty are the don’t believe it’s true anywhere else. going to any longer exercise our free- list of American exceptionalism com- So we have a special mission, Mr. dom of assembly? And so for some rea- ponents, the pillars of exceptionalism Speaker. We have a special responsi- son if the stigma of society would dis- that I talked about, most of them with- bility, a responsibility to promote God- courage assembly, for us to come to- in the Bill of Rights. But our fore- given liberty and freedom throughout gether and talk about the issues that fathers were inspired to come here in the world, a responsibility to hold free we want to have our dialogue and ex- order to realize their dream. They saw enterprise capitalism together, a re- change on, if we didn’t exercise that, that they couldn’t make it in their sponsibility to exercise our freedom of the next generation could hardly get home country where they hoped to be speech, religion, the press and assem- bly, and our right to keep and bear out the Constitution and look at it and able to do that and they couldn’t real- arms—all of these things are in the Bill say, Well, in here it says we have free- ize their potential in their home coun- dom of assembly, and reinstall it. Or, of Rights. try. They knew there were challenges But I fear that too many in this Con- for example, if we gave up our Second here. They came here to rise to the gress and too many across this country Amendment right to keep and bear level of their potential. Because of have lost touch, lost contact with what arms, can you imagine, Mr. Speaker, that, there’s been a natural filter that that means. And so, because of polit- our children, our grandchildren, and has been built. And it’s the willing ical purposes, it seems to me there are our great grandchildren after a genera- legal immigrants that came to Amer- a number of them that are trying to tion or two or three going without any ica who were inspired by these pillars devise a way to make accommodations right to keep or bear arms, opening up of American exceptionalism which are out of political expediency that in the this Constitution, dusting off this doc- embodied within the image of the Stat- end undermine one of the most essen- ument and pointing to it and saying, ue of Liberty, and they decided they tial pillars of American There is a right here to keep and bear would find a way to get on a trip or exceptionalism, the rule of law. arms? travel, whatever way they could to Now I take you back to 1986. In 1986, You cannot reestablish these rights come to the United States, get in line there was a long debate—it was months that are there in this Constitution if to become a legal immigrant to the long; in fact it may have been nearly 2 we once stop exercising them. That’s United States. And so many of them years long—a debate about what to do why we exercise freedom of speech, we have dynamically and dramatically about 800,000 people who were in the must exercise freedom of religion, and contributed to our economy, our soci- United States unlawfully. Through we must exercise freedom of the press. ety, our culture, and our civilization. that debate, they worked out an ac- All of these rights are rights that we We are that kind of an America. commodation. The 800,000 was more or have to utilize. They are rights that But there’s a unique American char- less generally understood to be 1 mil- define for us in this Constitution, with- acter, a unique American spirit, a lion people; and Ronald Reagan, in his in it, the supreme law of the land, the unique American vigor that comes honest way, was reluctantly persuaded rule of law. from those who came here in a legal to sign the 1986 Amnesty Act. When he There’s another component of Amer- way that have contributed to our soci- did that, the promise was that we ican exceptionalism as well, aside from ety and our culture and the things that would get enforcement, that immigra- these rights that are in the Constitu- they have taught their children and tion law would be enforced with the ut- tion and the free enterprise piece, the things that their children have most vigor of the executive branch of which is something that gives our taught their children and each suc- the United States Government. That economy its utmost vigor. I would ad- ceeding generation on down. We’re a was the promise that was made by this vise people that are preparing to take unique character and quality here. Congress. It was a promise that was the naturalization test to become an We’re not just the descendants of West- made by the President of the United American citizen by choice rather than ern Europe or Latin America or wher- States, Ronald Reagan, who was as birth, that’s a choice by the edu- ever it might be. We are the cream of trustworthy as any President in my cational foundation that they under- the crop of every donor civilization on lifetime, as principled, and one whom stand our history, our language. One of the planet that has sent people here to I’ve long admired and, as I said, only the questions that will be there is: become Americans. That’s a special let me down twice in 8 years of the what’s the economic system of the charge. It’s a special responsibility. It’s Presidency of the United States. But United States? distinct from any other Nation in the he made a commitment to enforce the Mr. Speaker, the answer to that is world. We’re the only Nation in the 1986 Amnesty Act. free enterprise capitalism. That’s what world where people can come here and He was honest with us; he called it gives our economy its vigor. And when become American. It doesn’t work to amnesty. The definition of amnesty we move away from free enterprise cap- go to Norway to become Norwegian or then is the definition that we have of italism, when we move towards govern- Holland to become Dutch. But it does amnesty today. To grant amnesty is to ment management of our economy, work to come to the United States of pardon immigration lawbreakers and government bailouts, government de- America, embrace the civilization, em- reward them with the objective of their ciding who’s too big to be allowed to brace this culture, embrace this Con- crime. fail, eventually so much of our private stitution, take the test to qualify for Now, what happened back in 1986? sector economy gets co-opted by gov- naturalization, become an American The people that were unlawfully ernment that we lose the vigor of free citizen. present in the United States were par- enterprise capitalism and we lose some doned, with some exceptions—those of the promise of the ascendancy of the b 2010 that had felony records, for example, great American civilization. I remember going to a naturalization those that were violent criminals, and There’s another piece of this also ceremony in the old Executive Office some others—but generally they were that I speak to relatively often, Mr. Building. I remember the speaker that pardoned. They were given an instanta- Speaker, and that’s American vigor. day—as there were maybe 125 new neous legalization. The exchange was

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.055 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2019 that those that were in the United forcement. Now, I have people on my So some of the proposals are also, States at the time of—there would be a side of the aisle come over and they well, in this exchange, instanta- cut off—and those who came after say we have de facto amnesty. No, we neously—this is a proposal that will would be faced with the full enforce- have literal amnesty. We have factual come out of the Senate tomorrow— ment of the law. amnesty, not de facto amnesty. they will instantaneously legalize ev- This, in 1986, was going to be the last The President has declared, in a law- erybody that’s here in the United amnesty ever. The rule of law was to be less fashion, amnesty for those who do States illegally, and then set about, if restored, and there would never be the not threaten him politically. That’s someone is discovered who happens to promise of an amnesty again. Well, un- large classes of people, in an unconsti- have a felony on their record, has com- fortunately, Mr. Speaker, that didn’t tutional fashion, he has announced mitted a violent crime, perhaps, maybe hold up. History knows that. History that they are issuing work permits, three serious misdemeanors, they notes that. There have actually been creating a work permit/visa for people might package them up and send them six or seven less significant amnesties that are in the country illegally when back to where they can wake up legally along the way since that period of the law requires that they come out in their home country. They might do time, each one of them drip, drip, drip, and enforce the law rather than grant that. But meanwhile, you can see that making another promise and another them a work permit. there’s no will to enforce the law for So, de facto amnesty? No. It’s real promise to people that if they could law breakers. There’s no will to do and it’s literal amnesty. And now it just get into the United States, if they that. could just live in the shadows, eventu- seems as though many people on my side of the aisle have leaped to this b 2020 ally there would be another amnesty conclusion that this amnesty exists— that would come along. By the way, So if they pass their legislation—in- call it real, literal, or de facto am- the 1986 amnesty, that 800,000 to 1 mil- stantaneously 11 million or maybe 20 nesty, it exists—and so the only way lion people became 3 million people. million or more people are legalized— we can deal with that is to go ahead Three million people were granted am- can we imagine that if all of these con- and officially act and legalize so that nesty back then because of document ditions that they write into this bill as we can somehow resolve this issue. fraud and underestimations of the far as border security are concerned This is an issue that’s been created by and operational control of the border numbers of people. many, many years of failure to enforce So we’re watching as the Gang of and an Entry/Exit System and an E- immigration law. But the idea that Eight will presumably introduce a bill Verify system, if all of that goes into Congress should ratify an unconstitu- tomorrow in the United States Senate. place, they say then there’s going to be tional lawless act on the part of the We don’t know with confidence what is a path to citizenship? Can we imagine President is beyond my comprehension in that bill, but we do know all of the that once people are legalized that as to how that solves the problem. they would ever be delegalized because initiatives that have come from the I hear one of the voices in this immi- of the failure of the executive branch open-borders side of this argument. We gration issue say, we will never get to follow through on all these promises know what Democrats think—they’re border security unless we first legalize that are going to be made of the execu- politically empowered. They’re for any the people that are here illegally. Well, tive branch by the legislative branch of kind of amnesty. They’d do instanta- how does that follow? How is that ra- government by presumably a President neous citizenship. They would mail it tional, that we’ll never get border secu- who hasn’t followed through on his in if they could because they see a sig- rity? We have a President who’s not nificant political gain. But on the Re- going to enforce the law. We know that oath of office to take care that the publican side of the aisle, it seems to workplace enforcements are down 70 laws be faithfully executed? me that they’ve suspended a full under- percent under this President. Janet So here’s one presumption. They’ll standing of what goes on in history or Napolitano declares that we have fewer want to put E-Verify into this and then what would take place contemporarily. interdictions on the border; therefore, make E-Verify mandatory. Therefore, So what are we trying to accomplish, that proves that there are fewer border that would mean that we would have is the question, Mr. Speaker. I’m con- crossings. Well, Mr. Speaker, it doesn’t full enforcement and the jobs in the vinced that the President, who came prove that. If you want to have fewer workplace. Well, no, we won’t have en- before the Republican Conference, he interdictions, you just slow down the forcement unless the executive branch made a statement to us and he said: enforcement on the border. enforces. Republicans, you will never win an- Now, I actually do believe that there They’ve already told ICE to stand other national election unless you first are fewer attempted border crossings. down. I can give you a whole list of cir- pass comprehensive immigration re- That’s a component of the economics. cumstances by which ICE is prohibited form. I don’t know that we should be But we should look and see what’s the from enforcing existing law by this ex- looking to the President of the United level of illegal drug interdictions. That ecutive branch of government. And States for political advice for Repub- will tell us something about how many who could imagine that E-Verify, if it licans in the first place. illegal border crossings there are and passes and becomes mandatory law, is The second part he said was: I’m try- how porous our border is. We should going to be enforced to the extent that ing to help you Republicans. Some of look and see how many people end up it’s effective? the people in that room believed that, fatalities in the desert trying to come I say, instead, just simply clarify Mr. Speaker. I did not, and neither do into the United States across Arizona, that wages and benefits paid to people thinking Americans believe that the for example, or the other States. That illegally living in the United States are President of the United States, who will give you some real data on what not business expenses. When that hap- has been charged with attempting to, kind of border crossings we have. pens, then you’ll see employers make let me say, significantly weaken the We have the question of granting that decision because they will not Republican Party, would be seriously people a path to citizenship, and the want the tax, the penalty, and the in- trying to improve the Republican argument, Mr. Speaker, that somehow terest liability that goes along with a Party. this is not a path to citizenship when tax violation. What are we trying to accomplish, it’s a path to a green card; the argu- That’s a clear piece. It’s not a piece Mr. Speaker? Well, I’d like to restore ment that a green card is not a path to of policy that’s being discussed by the rule of law. I hear Members of this citizenship. If a green card is not a these people because they are not seri- House and Senate talk to me about, for path to citizenship, then there is no ous about solving this problem in the example, they’ll say: Well, the Presi- path to citizenship here in the United way rule of law people would be. dent of the United States has refused States, but of course we know that it E-Verify won’t be enforced ade- to enforce immigration law. That’s is. A green card is a path to citizen- quately to be effective. It could be true. He has unconstitutionally, law- ship, and a path to a green card is just passed. I think it could be passed as a lessly refused to enforce immigration a little bit longer path to a path to condition. law. He has defined classes of people citizenship. The American people un- The next one is, finish the border that will be waived as subjects of en- derstand that; it’s not a mystery. fence. We have that language in place

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.056 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2020 CONGRESSIONAL RECORD — HOUSE April 15, 2013 now. We passed 700-mile border fence With that, Mr. Speaker, I would yield forcement will identify those respon- language called the Secure Fence Act. back the balance of my time. sible for what took place earlier today Actually, 854 miles, and that’s because f and bring them to justice. the border is crooked in some places, With that, I yield back the balance of and we’ve got about 40 miles of effec- CBC HOUR: BOSTON MARATHON my time. EXPLOSIONS tive fence. f And so follow through on the existing The SPEAKER pro tempore (Mr. law that we have is my recommenda- ROTHFUS). Under the Speaker’s an- b 2030 tion. We don’t have to have a new law nounced policy of January 3, 2013, the IN HONOR OF ISRAEL’S 65TH to build a fence. Build the fence, secure gentleman from New York (Mr. INDEPENDENCE DAY the border and then come back and tell JEFFRIES) is recognized for 60 minutes The SPEAKER pro tempore. Under us that you’ve actually accomplished as the designee of the minority leader. the Speaker’s announced policy of Jan- that. Let’s watch this thing with Mr. JEFFRIES. Mr. Speaker, thank uary 3, 2013, the Chair recognizes the drones and see if that’s taking place, you very much for your recognition. gentlewoman from Florida (Ms. and other security. We know from the Under ordinary circumstances, I would FRANKEL) for 30 minutes. last drone report that the Border Pa- stand before you today as a member of trol, even drone assisted, were not GENERAL LEAVE the Congressional Black Caucus, where Ms. FRANKEL of Florida. Mr. Speak- interdicting half of those that at- for the next 60 minutes the CBC would tempted to cross the border, and that er, I ask unanimous consent that all speak directly to the American people Members may have 5 legislative days number in that sector of the border about an issue of significance that the was over 3,000. within which to revise and extend their country is confronting. remarks and include extraneous mate- Then the argument about operational However, today, as a result of the ex- control of the border. You would hand rials on the subject of my Special traordinary events that occurred a few Order. that over to who? A border commission hours ago in Boston, Massachusetts, to be named later. Or hand it over to The SPEAKER pro tempore. Is there there is no issue that is more signifi- objection to the request of the gentle- the judgment of Janet Napolitano, who cant than standing with the people who has already declared that they have woman from Florida? participated in the marathon, those There was no objection. significant operational control of the runners and those observers and those border. I don’t know anybody that’s Ms. FRANKEL of Florida. Mr. Speak- first responders, who were victimized er, tonight’s Special Order is meant to buying that particular line. earlier today. And then they would also implement honor Israel’s 65th Independence Day. As President Barack Obama men- But first, today’s horrible tragedy of an Entry/Exit program. Well, we have tioned, this is a moment where we’re that. It’s called US-VISIT. It’s been in Boston demands our attention. not Democrats or Independents or Re- law since about 1996, when it first Security officials continue to inves- publicans; we’re Americans. We’re not began to be implemented as entry, and tigate the details of the incident. I Blacks, Whites, Latinos, or Asians; then we added the exit piece of it, but know that all Americans join with us we’re one today. And as representa- it’s never been implemented. I’ve stood today, our thoughts and prayers for tives from 43 different Congressional at the border and watched as people those affected, the victims, their fami- districts across the country, the CBC come in, swipe their card, they go reg- lies and the courageous first respond- would like simply to extend our ister on a computer that they come ers. thoughts and our prayers to the family into the United States, and an hour When acts like this occur, I find it members of those who died earlier later the car goes back south again and even more important that we carry on today. We want to extend our great doesn’t have to stop because there’s no and refuse to allow our lives to be dic- sympathies and our best wishes to exit system in place. Why not? This ad- tated by those wishing ill. So, in many those who were victimized, and we are ministration and the previous adminis- ways, it’s fitting to discuss Israel to- praying for full and complete recovery. tration were not determined to com- night, a nation that knows all too well We also, of course, want to extend plete it. the pain of these tragedies. In fact, So piece after piece of this, Mr. our thanks and our heartfelt gratitude today Israelis commemorated Memo- Speaker, says that it’s another empty to those first responders who, once rial Day to honor the memory of 24,000 promise, and they tell us we are going again, demonstrated courage under fire Israeli men, women, and children to fix the immigration situation so and bravery in the face of dangers that who’ve been killed in terror attacks that we don’t have to deal with it were seen and unforeseen. and wars over the past 65 years. again in our lifetime. Well, we know Now, America is a great country, and Immediately following Memorial better. The 1986 Amnesty Act wasn’t whatever is revealed about the attacks Day, though, Israel transitions to Inde- the last one; it was the promise of the that took place earlier today, we’re pendence Day, when Israelis and Jews next one. We’ve had six or seven since confident that we have the resolve to across the globe celebrate the modern- then. continue to move forward as strong as day revival of the State of Israel. This is a huge promise of amnesty, we always have been. In the aftermath The abrupt transition from the sad- and it wouldn’t be the last one; it of Pearl Harbor and throughout World ness of Memorial Day to the joy and would be the biggest promise for the War II, Americans demonstrated great celebration of Independence Day em- next one. And anyone who could get resolve. During the Cuban Missile Cri- bodies the Israeli narrative and serves into the United States before this is sis, in the face of the possibility of nu- as a poignant lesson in resilience. enacted could stay here as long as they clear catastrophe, Americans dem- Sixty-five years ago, Israel began as choose, in the shadows or out. And if onstrated great resolve. In the face of a modest nation of 800,000 people, fight- those in the shadows get to be great the uncertainty that followed the hor- ing for its very survival. Today, enough numbers, then we will have es- rific Oklahoma City bombings, Ameri- Israel’s population stands at over 8 tablished that there will be another cans demonstrated great resolve. And million. It’s a thriving liberal democ- amnesty down the line. of course in my home city, the great racy, the homeland for Jewish people, a We cannot be a Nation unless we city of New York, and all across this global economic and high-tech power- have borders. We cannot declare we country in the aftermath of the ter- house and maintains the region’s most have borders unless we decide and con- rorist attacks on September 11, Amer- powerful military force. trol who comes in and who goes out. ica demonstrated great resolve this Sixty-five years ago, this success was That’s an important obligation. If time. not guaranteed and at times seemed al- there’s going to be an America, we No matter what the circumstances most unobtainable. Memorial Day, must preserve the rule of law. And reveal about who was behind what took which just ended tonight, and Holo- while we’re doing it, Mr. Speaker, we place earlier today, we’re confident caust Remembrance Day, which was must also preserve and protect and re- that America will continue to show commemorated last week, are potent spect the dignity of every human per- tremendous resolve. Our spirit will not reminders of the struggles the Jewish son. be broken. We’re confident that law en- people have faced and continue to face.

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.058 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2021 The story of the Jewish people is rid- commemorate the over 20,000 Israelis American economy. The United States’ dled with triumph and tragedy, and who have given their lives in defense of trade with Israel has reached over $40 Israel’s national anthem, called the Jewish state, as well as the thou- billion, and Israel accounts for 25 per- ‘‘Hatikva,’’ meaning ‘‘The Hope,’’ sings sands more that were killed in ter- cent of U.S. exports to the Middle East. of the 2,000-year-old dream to be free, rorist attacks. Even as we celebrate The United States and Israel share a people in a land of our own after cen- Israel’s history, we remember those culture of innovation and entrepre- turies of pogroms and inquisitions and who gave their lives for their country. neurship that has attracted leading genocide. That dream has been realized As we continue to stand with the technology companies like Intel, in the establishment of the State of Israeli Government in the face of Microsoft, and Google to Israel. At the Israel. threats and terrorism, I strongly be- same time, tens of thousands of jobs in Now, Mr. Speaker, I’d like to intro- lieve that the United States must also the United States are created by Israeli duce and bring up a very distinguished continue to work together with our companies, and Israel has the third member of our Illinois delegation, Con- Israeli partners to ensure a secure and most companies on the NASDAQ stock gresswoman JAN SCHAKOWSKY. peaceful future for Israel and for the exchange. Ms. SCHAKOWSKY. Thank you so entire Middle East. Israel is our closest In just 65 years, Israel has accom- much for organizing this Special Order. friend and ally in the turbulent Middle plished extraordinary achievements. I want to thank my colleague, Rep- East region, and the U.S. Congress re- Whether in technology, business, agri- resentative FRANKEL from Florida, for mains committed to a safe and secure culture, or defense, Israel’s innovations bringing us together. I notice we’re future for the Israeli people. and advancements contribute to the wearing the colors of the Israeli flag There aren’t a whole lot of things I daily lives of all Americans. For exam- today in celebration of the 65th birth- can say with confidence that represent ple, some of the most important tech- day, the anniversary of the State of both sides of the aisle, but I can say nology we use every day, including in- Israel. that the support for the State of Israel stant messenger, voice mail, and com- I, too, when I walked over to the Cap- truly is a bipartisan, a nonpartisan puter processor, were developed in itol, our gleaming Capitol today, I saw issue for Members of Congress. For Israel. Additionally, Israeli medical ad- our flag at half-mast, recognizing the over six decades, the U.S.-Israel rela- vances are saving lives here in the U.S. tragedy that happened in Boston tionship has been fortified by this bi- and around the world, and Israeli-de- today; and I, too, want to acknowledge partisan understanding about the crit- veloped military technologies are pro- and give my condolences to those fami- ical importance of the relationship to tecting American troops stationed in lies of the two that we know that have both countries. So today, Congress- the Middle East. been lost, have been killed, and I wish Mr. Speaker, our partnership with woman FRANKEL, as we celebrate the well the dozens more that have been in- Israel is not just an investment in 65th anniversary of the establishment jured. I do believe in what the Presi- American jobs and American pros- of the State of Israel, we remain com- dent said, that whoever did this will be perity; it is an investment in freedom mitted to a safe and secure future for brought to justice. and democracy. Simply put, investing Israel. So, along with Israelis and their in Israel is investing in America, and Thank you so much for allowing me friends around the world, we are also at we must continue to maintain our to participate in this wonderful hour of a moment of celebration, celebrating strong relationship with the State of celebration. the renewal of the Jewish state in the Israel. I ask my colleagues to join me Ms. FRANKEL of Florida. Thank you land of Israel. For 65 years, our two na- in congratulating Israel on her 65th very much, Congresswoman SCHA- tions have enjoyed a close friendship as Independence Day and in reaffirming KOWSKY. well as a strategic alliance. the lasting partnership between our We’re also joined here today by a Since the United States became the two countries. first country to recognize Israel a mere newcomer to Congress, but very much Ms. FRANKEL of Florida. Thank a rising star, my neighbor and friend in 11 minutes after her founding, Presi- you, Mr. MURPHY. dent Truman recognized Israel as a the Palm Beach County delegation and Now I have the privilege of intro- state, and that relationship and that the distinguished colleague who is on ducing the distinguished ranking mem- bond has continued to grow and the House Financial Services Com- ber of the House Foreign Affairs Com- strengthen. Rooted in shared ideals and mittee and Small Business Committee mittee, ELIOT ENGEL, from the great dreams, as well as common global and I know recently took a trip to State of New York. threats, the United States-Israel rela- Israel, Congressman PATRICK MURPHY. Mr. ENGEL. I thank the gentle- tionship remains as critical today as it b 2040 woman from Florida. was in 1948. Let me say, as the ranking member As a Jew and a Member of Congress, Mr. MURPHY of Florida. Thank you, on the House Foreign Affairs Com- I have a strong personal connection to Congresswoman FRANKEL. mittee, I really want everyone to know the State of Israel, and I’m committed First, I want to take this opportunity what a valued member of our com- to continuously working to grow and to express my heartfelt condolences to mittee the gentlewoman from Florida strengthen that U.S.-Israel relation- all of those affected by the tragedy is. She is a new Member of Congress, ship. And even in the face of terrorism that occurred earlier today in Boston. but we value her opinions and thoughts and war, Israel has become a leader in My heart goes out to all the friends and hard work on our committee. I technology and energy and scientific and families of those involved during know she has got a very bright future innovation. this most difficult time. on our committee and in Congress, and Those people who haven’t gone ought I also want to take this opportunity I thank her for inviting me to partici- to go and see the spirit of Israel, de- to celebrate the 65th anniversary of the pate in this very important Special spite the relentless years of war and at- declaration of the State of Israel. Since Order. tack and terrorist bombings. This is a David Ben-Gurion declared the estab- As we’ve heard, Mr. Speaker, from so resilient people looking to find joy in lishment of the State of Israel on April many of our colleagues who have spo- everyday life and looking forward to 26, 1948, the United States and Israel ken, the United States and Israel have the future. have maintained an unbreakable bond. much in common. Israel is the only de- I traveled to Israel this past Feb- This bond is rooted in our shared val- mocracy in the Middle East. The ruary, and like I had been on previous ues and common goals of democracy, United States, of course, is the oldest trips, I was struck for the need for a freedom and a desire for peace. In this democracy in the world. We have simi- peaceful future for the Israeli people. time of difficult security challenges lar values. The standard of living of It’s my wish today, on the celebration and economic concerns, this partner- citizens in both our countries is higher of the anniversary, that the years to ship is more important than ever to than in most of the world, and Israel come will show a time of peace. We the prosperity of both nations. and the United States share common need peace. Bilateral trade between the United concerns. Israelis paused on Remembrance States and our ally Israel creates jobs Israel is celebrating its 65th birth- Day, which ended at sunset in Israel, to here at home and contributes to the day, a celebration of the holiday of

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.060 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2022 CONGRESSIONAL RECORD — HOUSE April 15, 2013 Yom Ha’Atzmaut, and I think all Again, I want to thank the gentle- mittee, being a life-long advocate for a Americans want to congratulate the woman from Florida for including me strong U.S.-Israel relationship, it is a people of Israel for persevering in a in this, and I look forward to con- great distinction and honor for me to very, very dangerous neighborhood and tinuing to work with her on the For- stand here to celebrate Yom in a very, very dangerous environment. eign Affairs Committee and in Con- Ha’Atzmaut, the 65th anniversary for Earlier today, we had a terrible trag- gress on this issue and on so many Israel. I am honored to be going to edy in the United States, in Boston, in other issues of importance to the peo- Israel again in 2 weeks with members which lives were lost, in what seems to ple of the United States. of the Chicago community. We will be be a bombing, or a potential terrorist Ms. FRANKEL of Florida. Thank you going throughout the country. We will attack. I don’t want to jump to conclu- very much, Congressman ENGEL, and have a chance to visit Iron Dome, I will sions, but that’s the way it appears. As thank you for your great leadership to have a chance to visit Sderot, and a New Yorker who lived through Sep- us in Congress. places where Israel is at the front lines tember 11, 2001, terrorism is something Now I am very pleased to yield to an- of a battle that is ours together. that, whenever it raises, or rears, its other new Member of Congress, a col- So I am proud and honored to rep- ugly head, all people of goodwill must league of mine in the class of 2013 and resent Illinois here in the United condemn it. The people of Israel have a colleague of mine on the Foreign Af- States House of Representatives know- lived through that—have lived through fairs Committee and on the Sub- ing that the bond, the connection, be- bombings of busses and bombings of committee on the Middle East and tween the United States and Israel is pizza shops and bombings of weddings North Africa, from the great State of sound, secure, and permanent. and just random bombings of people Illinois, BRAD SCHNEIDER. Ms. FRANKEL of Florida. Thank you who care not about life but who care Mr. SCHNEIDER. Thank you. It is an very much, Mr. SCHNEIDER. about death. So we pause, of course, for honor to speak in celebration of Yom Tonight, we have had a very good, I the loss of life in Boston today, and we Ha’Atzmaut, the 65th anniversary of think, discussion here because in understand that, when Israel has gone the birth of Israel, and of the partner- Israel, as we speak, Israelis dressed in through terrorist attacks, there has ship between our country and the coun- blue and white flood the streets for been a similar crying out of wanton ceremonies and parties to celebrate all try of Israel for all of those 65 years. I acts of terror. that Israel has accomplished. And what am proud that the United States was I just came back a few weeks ago a lesson we have learned because even one of the first countries to recognize from Israel. I had the honor of trav- in our sadness in our hearts tonight for the new state 65 years ago and that our eling there with President Obama, and the people in Boston, we can learn from bond has continued to grow. the President, of course, is working fe- Israel the resilience of how to come I had the privilege of being in Israel verishly to try to move towards a two- back from tragedy. 15 years ago for the Jubilee celebra- state solution, which all of us believe is I thank both of you, Mr. SCHNEIDER tion—to see the vibrancy of the coun- the best thing that could happen—a and Mr. MURPHY, for reminding us that Palestinian state and an Israel Jewish try and the hopes for prosperity and Israel is not just to be known for a state. Certainly, the United States will peace in the region that were shared by place of trouble and conflict. They always stand by its ally Israel. I’ll be so many of the people—and as we come have developed some of the leading going back to the region in a couple of forward 15 years, to see that the part- universities in the world, boast the weeks, visiting Israel again with senior nership between the United States and highest ratio of university degrees to members of the House Foreign Affairs Israel has continued to grow, as was population. And as Mr. MURPHY men- Committee and of the other relevant mentioned earlier, in so many different tioned, it is oft been labeled ‘‘the start- committees because we realize how im- aspects: on security and defense as well up nation’’ for its remarkably ad- portant it is to continue to keep the re- as economically and culturally. We are vanced entrepreneurial economy and is lationship between the U.S. and Israel. sharing technologies. We are sharing among the world’s leaders in high-tech It has been a very strong partnership, experiences. We have a special bond industry and is at the forefront of re- and it has been a good partnership. built on common values and a common search and development in the field of Israel is one of the greatest supporters dream of a better world for our chil- renewable energy sources. of the United States in the United Na- dren, and we are contributing to the And most incredibly, even as Israel tions and elsewhere, and of course the world in so many different ways. struggles to protect and care for its United States is one of the greatest b 2050 own population, Israel regularly sends supporters of Israel. Iron Dome, which humanitarian aid, search and rescue is saving countless Israeli civilian I was in Israel 3 years ago, and I had teams, mobile hospitals, and other lives, has been funded for and provided a chance to see some of the new tech- emergency supplies to help victims of for by the United States, and the nologies that were emerging, both with disasters around the world. United States has stood by the people electric cars and some of the medical We know that Israel has its share of of Israel in its constant fight against technologies; and you see the partner- difficulties, as every country does; but terrorism. ship with the United States and Israel despite the current impasse for the I am just so happy that we are cele- in technology is contributing to the en- peace process, the majority of Israelis brating Israel’s 65th birthday. I guess tire world. In medical aspects you see continue to show support for a two- that makes Israel a senior citizen these where research is being collaboratively state solution. days. Israel is obviously a very new done between our country and re- So as we conclude tonight, I want to country but of people in a very, very searchers in Israel, working to find say that I know on a personal note, as old land. Israel is the ancient Jewish cures for disease to ease the pain and a mother of a combat veteran, I know homeland, and the rebirth of the Jew- burdens of families and individuals who too well the pain and fear and lying ish state in 1948 is a miracle for all to are afflicted with different diseases, awake at night wondering if your child behold. cancers, and other types. This is some- will come home safe. That’s the feeling So I am very, very proud of the rela- thing that’s a beacon to the rest of the that parents in Israel often have. That tionship that we in the United States world. is the reason I know that I will work have with the State of Israel and the My district in Illinois, the 10th Con- with Mr. SCHNEIDER, Mr. ENGEL, Ms. people of Israel. I am very proud that gressional District of Illinois, is home SCHAKOWSKY, and the rest of my col- we have strong supporters of Israel on to many people who have family in leagues here in what I am so happy to both sides of the aisle. Israel, as Ms. Israel, who travel to Israel. Our con- say is a bipartisan way to strengthen SCHAKOWSKY said before, is a bipartisan nection to Israel is not strictly polit- the United States-Israel relationship. or a nonpartisan issue in that people, ical; it is personal. And the relation- With that, Mr. Speaker, I just want Democrats and Republicans, under- ship we have and will continue to have to say happy birthday to the State of stand that Israel’s fight for democracy, is a special bond that I’m pleased and Israel. against terrorism and for its people is honored to be able to represent. I yield back the balance of my time. really the same fight that we have here With you, being a member of the Mr. WAXMAN. Mr. Speaker, I rise today to in the United States. Middle East and North Africa Com- pay tribute to the Jewish state of Israel on

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\K15AP7.062 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2023 Israel’s Independence Day, Yom Ha’atzmaut. I I wish the people and government of Israel country in the world that entered the 21st cen- am proud to join many other colleagues in the a Chag Sameach, a happy holiday on this tury with a net gain in its number of trees, United States Congress in honoring the 65th Independence Day. made more remarkable because this was strength of the US-Israel friendship and the Mr. GENE GREEN of Texas. Mr. Speaker, achieved in an area considered mainly desert. shining example that Israel gives as America’s I rise to recognize Israel, our partner in peace And, Israel continues to be a shining exam- most reliable partner in the region. and prosperity, for its 65 years of independ- ple of democratic governance in the Middle Last month, when President Obama visited ence. East. Israel, Prime Minister Netanyahu gave him a On April 14, 1948, just hours before the Brit- Israel is the only country in the Middle East special gift, a nano-chip, designed and created ish Mandate was due to end, Israel’s Found- with protections for free speech, free press, by Technion scientists. Set against the back- ing Fathers and Founding Mothers, led by fu- free practice of religion, women’s rights and drop of a Jerusalem stone, this nano-chip re- ture David Ben-Gurion declared the birth of gay rights. calls the advancements of Israel in the context the State of Israel in Tel Aviv. All citizens of Israel have full voting rights of its ancient roots. Inscribed side by side on Many of the Jews who lived in Israel in without regard to race, sex, or ethnicity. the nano-chip were replicas of the Declara- 1948 were survivors of the Second World War And, Israel’s parliament, the Knesset, in- tions of Independence of the United States of and the Holocaust, which pushed international cludes Jews and Arabs alike as members. America and the State of Israel. opinion for the need for a homeland for the Israel is a small country in a hostile environ- This gift reminds us of shared values be- Jewish people where they could be free from ment that has found a way to accomplish big tween the United States and Israel—spelled persecution and free to build a better life. things. out on some of our Nations’ earliest docu- Since that fateful day in Tel Aviv, Israel and We as Americans are better off today be- ments. In Israel, their Declaration of Independ- its people have worked tirelessly to build a cause of Israel’s existence. ence refers to its commitment to ‘‘uphold the thriving democracy that is economically pros- And, as I wish Israel and her citizens a full social and political equality of all its citi- perous and at peace with neighboring nations. happy 65th birthday, I stress that I will con- zens, without distinction of race, creed or sex’’ The first nation to recognize Israel’s inde- tinue working with my colleagues to support and a guarantee of ‘‘full freedom of con- pendence, I am proud to say, was the United our closest friend and ally, as it continues to science, worship, education and culture.’’ In States, which welcomed Israel into the com- inspire the world with its achievement. the United States, centuries before, our fore- munity of nations just hours after its declara- Mr. HUFFMAN. Mr. Speaker, tonight many fathers pledged ‘‘that all men are created tion. of my colleagues will be participating in a spe- equal, that they are endowed by their Creator The bonds between our two great nations, cial order in observance of Yom Ha’atzmaut, with certain unalienable Rights, that among bound together by common interests and Israel’s Independence Day. these are Life, Liberty and the pursuit of Hap- shared values, have only grown with time. I want to join them in celebration and wish piness.’’ These shared values demonstrate It is also fitting to take this occasion to the Israeli people a very happy and blessed that the US Israel relationship can withstand speak on the future of a lasting peace. As I 65 years of independence. the toughest challenges because the founda- and my colleagues in this chamber have said The road traveled by the people of Israel re- tion of the relationship is built on enduring val- repeatedly, the only path to peace is through quired extraordinary and unimaginable sac- ues. direct negotiations between Israel and the Pal- rifice. And still this struggle continues every day In these uncertain times in the Middle East estinians. Mr. Speaker, I hope on this joyous day that for Jewish people in countries across the and North Africa, Israel seems surrounded by we reflect on the need to redouble our efforts world. chaos. On one border, Israel must rely on to bring peace to the region and continue to I am proud to stand with Israel and continue Egypt to disrupt weapons and human smug- tangibly support our friend and ally in its re- our nation’s support of democracy and peace gling into Gaza. To the North, Lebanon is po- quest for peace. in the Middle East. litically fractured, with an avowed terrorist Mrs. DAVIS of California. Mr. Speaker, I rise A personal hero of mine, President Truman, group, Hezbollah, in the government. In Syria, in strong support of the contribution of the bonded our countries together when he made a post-Assad era seems near, yet opposition State of Israel as it celebrates its 65th anniver- the United States the first nation to recognize groups are becoming more closely aligned sary as a vibrant and open democratic society. the State of Israel. with those who seek Israel’s destruction. In I had the great privilege to live and work in Since that time we’ve worked together to Jordan, the state is under tremendous burden Israel in the mid-1960’s and celebrated Israel’s promote peace in the region and stand up to to cope with refugees from other more unsta- 22nd anniversary by taking part in a three-day threats and acts of aggression. ble parts of the Middle East, leading to a walk from the shores of Tel Aviv to the hills of Today Israel faces new challenges and un- shaky foundation for one of Israel’s most im- Jerusalem. certainty. But by acting together the United portant relationships. With an intransigent Pal- Now about 50 years later, I marvel at the States and Israel can—and will—overcome. estinian leadership refusing to negotiate, a po- extraordinary changes that have taken place Again, I would like to offer my sincere con- litical solution to the Palestinian-Israeli conflict in Israel. gratulations to Israel on its 65th year of inde- seems out of reach. Iran’s illicit nuclear pro- In its 65 years, Israel has managed some pendence, and my hope that we will continue gram remains an existential threat to Israel, incredible achievements. to strive towards a stable and peaceful Middle haunting every decision that Israel’s govern- These have been true gifts to Americans East and North Africa. ment makes. and the world—healing the sick, improving se- Ms. ESTY. Mr. Speaker, I rise today to con- Israel does not have to be reminded of curity, and promoting commerce. gratulate America’s great friend and ally, these threats. Every year, on the day before Israeli doctors and researchers have pro- Israel, and the people of Israel, on the 65th Independence Day, Israelis mourn the loss of duced countless medical advances. anniversary of their independence. those who were killed in service to their coun- Israelis have developed techniques to better Mr. Speaker, as a student, in the 1980’s, I try. The Israeli Memorial Day, Yom Hazikaron, assist cancer and Parkinson’s patients. was incredibly fortunate to have the oppor- is marked by the sound of a piercing siren that Israelis invented the PillCam to better detect tunity to travel to Israel. I learned a lot from stops the entire country. Because everyone in disorders of the GI Tract. that journey. There are few places I have Israel has been touched by the violence of the Israelis are pioneering robotic surgery. been to in my life as vibrant and dynamic as Arab-Israeli conflict—no matter how young or Israelis were key to developing the cell that nation. I was impressed, as I think most old. phone—which has transformed American busi- visitors are, by the great optimism and resil- And yet, despite these challenges across ness and, of course, allowed many Jewish ience of the Israeli people—optimism and re- the region and the world, the Israeli people re- mothers, like myself, to instantly get in touch silience that they showed even during a time main resilient and strong. Their economy is with their children. of extreme uncertainty. growing rapidly, they continue to have just and Israelis also invented voice mail technology. And I was also struck by how small, and fair elections and their democracy thrives. On Israel developed the Iron Dome Missile De- how vulnerable, Israel is geographically. On a this Yom Ha’atzmaut, Israel has much to be fense System which has already saved count- clear day, you can stand on top of the Golan proud of. less lives from missile attacks. And, Israel is Heights and see from one end of the country And the United States’ commitment to Israel sharing this vital technology with the United to another. Right before your eyes, you can is unshakeable. As Israel faces difficult deci- States. see the fragility of the country’s security— sions ahead about peace and security, the Israel is also a leader in conservation and whose defense is a great credit to the Israeli United States will stand by its ally and friend. renewable energy. In fact, Israel is the only people.

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\A15AP7.015 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2024 CONGRESSIONAL RECORD — HOUSE April 15, 2013 Right before your eyes, you see a strong, 1101. A letter from the Acting Principal of the Notification and Federal Employee but geographically small country, a country not Deputy, Department of Defense, transmit- Antidiscrimination and Retaliation Act of protected by oceans, a country with many ting the Department’s annual report for 2012 2002 (No FEAR Act), Public Law 107-174; to on the STARBASE Program, pursuant to 10 the Committee on Oversight and Govern- hostile neighbors, a country that has been U.S.C. 2193b(g); to the Committee on Armed ment Reform. bravely defending itself from terrorist and mili- Services. 1112. A letter from the Federal Liaison Of- tary attacks repeatedly since its independ- 1102. A letter from the Chairman, Federal ficer, Department of Commerce, transmit- ence. Financial Institutions Examination Council, ting the Department’s final rule — Changes My visit to Israel dramatically increased my transmitting the Council’s Annual Report to Representation of Others Before The appreciation for Israel and helped define my for 2012; to the Committee on Financial United States Patent and Trademark Office own views about the importance of their secu- Services. [Docket No.: PTO-C-2012-0034] (RIN: 0651- 1103. A letter from the Administrator, Se- AC81) received April 2, 2013, pursuant to 5 rity and our nation’s special relationship with curities and Exchange Commission, trans- U.S.C. 801(a)(1)(A); to the Committee on the Israel. Our shared national interests and our mitting the Commission’s final rule — Judiciary. shared values of democracy, peace, and lib- Amendment to Rule Filing Requirements for 1113. A letter from the Principal Deputy erty have defined that relationship for 65 years Dually-Registered Clearing Agencies [Re- Assistant Attorney General, Department of now and will continue to define that relation- lease No.: 34-69284; File No.: S7-29-11] (RIN: Justice, transmitting the 2012 Biennial Re- ship into the future. 3235-AL18) received April 8, 2013, pursuant to port on the Effectiveness of Grant Programs I’m proud to join my colleagues of both par- 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- under the Violence Against Women Act; to the Committee on the Judiciary. ties in expressing a renewed commitment to nancial Services. 1104. A letter from the Director, Regula- 1114. A letter from the Secretary, Depart- that special relationship and to Israel’s secu- tions Policy and Management Staff, Depart- ment of Transportation, transmitting the rity, in honoring Israel’s history, in expressing ment of Health and Human Services, trans- Annual Report to Congress and the National our best wishes for Israel’s continued accom- mitting the Department’s final rule — Serv- Transportation Safety Board Responding to plishments, and in offering our congratulations ice of Process on Manufacturers; Manufac- Issues on the National Transportation Safe- to the Israeli people on this significant anniver- turers Importing Electronic Products Into ty Board’s 2013 Most Wanted List; to the Committee on Transportation and Infra- sary. the United States; Agent Designation; Change of Address [Docket No.: FDA-2007-N- structure. Congratulations to our dear friends in Israel 1115. A letter from the Chairman, Federal 0091] (formerly 2007N-0104) received April 2, on the 65th anniversary of your nation’s inde- Maritime Commission, transmitting the 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commission’s 51st annual report of activities pendence. Committee on Energy and Commerce. f 1105. A letter from the Director, Regula- for fiscal year 2012; to the Committee on Transportation and Infrastructure. tions Policy and Management Staff, Depart- LEAVE OF ABSENCE 1116. A letter from the Director of Regula- ment of Health and Human Services, trans- By unanimous consent, leave of ab- tion Policy and Management, Office of the mitting the Department’s final rule — Med- General Counsel, Department of Veterans Af- sence was granted to: ical Devices; Technical Amendment [Docket fairs, transmitting the Department’s final Mr. HONDA (at the request of Ms. No.: FDA-2013-N-0011] received April 2, 2013, rule — Grants for Transportation of Vet- PELOSI) for today on account of official pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- erans in Highly Rural Areas (RIN: 2900-AO01) business. mittee on Energy and Commerce. received April 2, 2013, pursuant to 5 U.S.C. 1106. A letter from the Program Manager, 801(a)(1)(A); to the Committee on Veterans’ Ms. MOORE (at the request of Ms. Department of Health and Human Services, PELOSI) for today on account of med- Affairs. transmitting the Department’s final rule — 1117. A letter from the Chief, Publications ical reasons. Medicaid Program; Increased Federal Med- and Regulations, Internal Revenue Service, Mr. GARY G. MILLER of California (at ical Assistance Percentage Changes under transmitting the Service’s final rule — Ap- the request of Mr. CANTOR) for today the Affordable Care Act of 2010 [CMS-2327- peals Settlement Guidelines — New York and the balance of the week on account FC] (RIN: 0938-AR38) received April 1, 2013, State Qualified Empire Zone Enterprise of family business. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Credit Real Property Taxes received April 8, mittee on Energy and Commerce. f 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1107. A letter from the Deputy Bureau, Committee on Ways and Means. ADJOURNMENT Wireline , Federal Com- 1118. A letter from the Chairman, Defense munications Commission, transmitting the Nuclear Facilities Safety Board, transmit- Ms. FRANKEL of Florida. Mr. Speak- Commission’s final rule — Connect America ting the Board’s Twenty-Third Annual Re- er, I move that the House do now ad- Fund; High Cost Universal Service Support port to Congress on health and safety activi- journ. [WC Docket No.: 10-90] [WC Docket No.: 05- ties; jointly to the Committees on Armed The motion was agreed to; accord- 337] received April 2, 2013, pursuant to 5 Services and Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on En- ingly (at 8 o’clock and 55 minutes f p.m.), under its previous order, the ergy and Commerce. 1108. A letter from the Acting Assistant REPORTS OF COMMITTEES ON House adjourned until tomorrow, Tues- Secretary, Legislative Affairs, Department PUBLIC BILLS AND RESOLUTIONS day, April 16, 2013, at 10 a.m. for morn- of State, transmitting Notification of the in- ing-hour debate. tention to exercise the authority under Sec- Under clause 2 of rule XIII, reports of f tion 552(c)(2) of the Foreign Assistance Act committees were delivered to the Clerk of 1961, to authorize the drawdown to the for printing and reference to the proper EXECUTIVE COMMUNICATIONS, Syrian Opposition Coalition and the Su- calendar, as follows: ETC. preme Military Council; to the Committee Mr. ROGERS of Michigan: Permanent Se- Under clause 2 of rule XIV, executive on Foreign Affairs. lect Committee on Intelligence. H.R. 624. A communications were taken from the 1109. A letter from the Director, Equal Em- bill to provide for the sharing of certain ployment Opportunity and Inclusion, Farm Speaker’s table and referred as follows: cyber threat intelligence and cyber threat Credit System Insurance Corporation, trans- information between the intelligence com- 1099. A letter from the Congressional Re- mitting the Corporation’s annual report for munity and cybersecurity entities, and for view Coordinator, Department of Agri- FY 2012 prepared in accordance with the No- other purposes; with an amendment (Rept. culture, transmitting the Department’s final tification and Federal Employee Anti- 113–39). Referred to the Committee of the rule — Importation of Live Birds and Poul- discrimination and Retaliation Act of 2002 Whole House on the state of the Union, try, Poultry Meat, and Poultry Products (No FEAR Act); to the Committee on Over- f From a Region in the European Union sight and Government Reform. [Docket No: APHIS-2009-0094] (RIN: 0579- 1110. A letter from the Chairman, Occupa- PUBLIC BILLS AND RESOLUTIONS AD45) received April 2, 2013, pursuant to 5 tional Safety and Health Review Commis- Under clause 2 of rule XII, public U.S.C. 801(a)(1)(A); to the Committee on Ag- sion, transmitting the Commission’s annual bills and resolutions of the following riculture. report for Fiscal Year 2012 prepared in ac- 1100. A letter from the Director, Regu- cordance with Section 203 of the Notification titles were introduced and severally re- latory Management Division, Environmental and Federal Employee Antidiscrimination ferred, as follows: Protection Agency, transmitting the Agen- and Retaliation Act of 2002 (No FEAR Act), By Mr. PITTS (for himself, Mr. BUR- cy’s final rule — Styrene-Ethylene-Pro- Public Law 107-174; to the Committee on GESS, and Mrs. WAGNER): pylene Block Copolymer; Tolerance Exemp- Oversight and Government Reform. H.R. 1549. A bill to amend Public Law 111- tion [EPA-HQ-OPP-2013-0043; FRL-9380-5] re- 1111. A letter from the Chair, Recovery Ac- 148 to transfer fiscal year 2013 through fiscal ceived April 5, 2013, pursuant to 5 U.S.C. countability and Transparency Board, trans- year 2016 funds from the Prevention and Pub- 801(a)(1)(A); to the Committee on Agri- mitting the Board’s annual report for FY lic Health Fund to carry out the temporary culture. 2012 prepared in accordance with Section 203 high risk health insurance pool program for

VerDate Mar 15 2010 03:49 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A15AP7.017 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 15, 2013 CONGRESSIONAL RECORD — HOUSE H2025 individuals with preexisting conditions, and By Mr. DOGGETT (for himself, Ms. for concrete masonry products; to the Com- to extend access to such program to such in- BASS, Mr. BECERRA, Ms. CHU, Mr. mittee on Energy and Commerce. dividuals who have had creditable coverage CICILLINE, Mr. CONYERS, Mr. DEFAZIO, By Mr. HURT (for himself and Mr. during the 6 months prior to application for Ms. DEGETTE, Ms. DELAURO, Mr. DIN- MEEKS): coverage through such program; to the Com- GELL, Mr. ELLISON, Mr. JOHNSON of H.R. 1564. A bill to amend the Sarbanes- mittee on Energy and Commerce. Georgia, Ms. LEE of California, Mr. Oxley Act of 2002 to prohibit the Public Com- By Mr. KILDEE (for himself and Mr. MCDERMOTT, Mr. MCGOVERN, Mr. pany Accounting Oversight Board from re- TURNER): MORAN, Mr. RUSH, Mr. SHERMAN, Mr. quiring public companies to use specific H.R. 1550. A bill to allow use of assistance TONKO, Ms. TSONGAS, Mr. GARAMENDI, auditors or require the use of different audi- under the Hardest Hit Fund program under Ms. SCHAKOWSKY, Mr. PAYNE, and Mr. tors on a rotating basis; to the Committee the Troubled Assets Relief Program of the COHEN): on Financial Services. Department of the Treasury for demolition H.R. 1555. A bill to amend the Internal Rev- By Mr. KING of New York (for himself, of foreclosed-upon properties and related ex- enue Code of 1986 to reduce international tax Mr. THOMPSON of California, Mr. penses; to the Committee on Financial Serv- avoidance and restore a level playing field FITZPATRICK, Mr. MEEHAN, Mrs. ices. for American businesses; to the Committee MCCARTHY of New York, and Mr. By Mr. MEEKS (for himself, Mr. on Ways and Means. DEFAZIO): LUETKEMEYER, Mr. DAVID SCOTT of By Mr. DOGGETT (for himself, Mr. H.R. 1565. A bill to protect Second Amend- Georgia, Mr. SESSIONS, and Mr. DEFAZIO, Ms. DELAURO, Mr. DINGELL, ment rights, ensure that all individuals who CLAY): Mr. MORAN, Ms. LEE of California, should be prohibited from buying a firearm H.R. 1551. A bill to amend the Consumer Mr. RUSH, Mr. GARAMENDI, Ms. SCHA- are listed in the National Instant Criminal Background Check System, and provide a re- Credit Protection Act to assure meaningful KOWSKY, Mr. MCDERMOTT, Mr. sponsible and consistent background check disclosures of the terms of rental-purchase CICILLINE, and Mr. COHEN): agreements, including disclosures of all costs H.R. 1556. A bill to amend the Internal Rev- process; to the Committee on the Judiciary, to consumers under such agreements, to pro- enue Code of 1986 to prevent corporations and in addition to the Committee on Vet- vide certain substantive rights to consumers from exploiting tax treaties to evade tax- erans’ Affairs, for a period to be subse- under such agreements, and for other pur- ation of United States income; to the Com- quently determined by the Speaker, in each case for consideration of such provisions as poses; to the Committee on Financial Serv- mittee on Ways and Means. fall within the jurisdiction of the committee ices. By Mr. BRALEY of Iowa: By Mr. HUIZENGA of Michigan: H.R. 1557. A bill to ensure clarity of regula- concerned. H.R. 1552. A bill to amend the Internal Rev- tions to improve the effectiveness of Federal By Mr. LUETKEMEYER (for himself enue Code of 1986 to allow the transfer of re- regulatory programs while decreasing bur- and Mr. MEEKS): H.R. 1566. A bill to create a Federal charter quired minimum distributions from a retire- dens on the regulated public; to the Com- ment plan to a health savings account; to for Internet consumer credit corporations, mittee on the Judiciary, and in addition to and for other purposes; to the Committee on the Committee on Ways and Means. the Committee on Oversight and Govern- By Mrs. CAPITO (for herself, Mrs. Financial Services. ment Reform, for a period to be subsequently By Mr. MULVANEY (for himself, Mr. CAROLYN B. MALONEY of New York, determined by the Speaker, in each case for DUNCAN of South Carolina, Mr. JOR- Mr. CARNEY, Mr. HUIZENGA of Michi- consideration of such provisions as fall with- DAN, Mr. MCCLINTOCK, Mr. POMPEO, gan, Mr. LUCAS, Mr. PITTENGER, Mr. in the jurisdiction of the committee con- Mr. PRICE of Georgia, Mr. RIBBLE, BARR, Ms. MOORE, Mr. ROSS, Mrs. cerned. Mr. AMASH, Mr. MEADOWS, and Mr. MCCARTHY of New York, Mr. GARY G. By Mr. COLLINS of New York: MILLER of California, Mr. WESTMORE- SALMON): H.R. 1558. A bill to lower health premiums H.R. 1567. A bill to eliminate corporate LAND, Mr. LUETKEMEYER, Mr. HURT, and increase choice for small businesses; to welfare programs of the Department of Agri- Mrs. WAGNER, Mr. GRIMM, Mr. STIV- the Committee on Energy and Commerce, culture, the Department of the Interior, the ERS, Mrs. BACHMANN, Mr. and in addition to the Committee on Ways Department of Transportation, and other FITZPATRICK, Mr. KING of New York, and Means, for a period to be subsequently Federal agencies; to the Committee on Mr. GARRETT, Mr. FINCHER, Mr. HINO- determined by the Speaker, in each case for Transportation and Infrastructure, and in JOSA, Mr. ROYCE, Mr. POSEY, Mr. consideration of such provisions as fall with- addition to the Committees on Ways and PEARCE, Mr. DUFFY, and Mr. NEUGE- in the jurisdiction of the committee con- Means, Agriculture, Natural Resources, Fi- BAUER): cerned. nancial Services, and Armed Services, for a H.R. 1553. A bill to improve the examina- By Ms. GABBARD (for herself and Ms. period to be subsequently determined by the tion of depository institutions, and for other HANABUSA): Speaker, in each case for consideration of purposes; to the Committee on Financial H.R. 1559. A bill to amend the Public such provisions as fall within the jurisdic- Services. Health Service Act to provide health care tion of the committee concerned. By Mr. DOGGETT (for himself, Ms. practitioners in rural areas with training in By Mr. NADLER (for himself, Mrs. BASS, Mr. BECERRA, Mr. BLU- preventive health care, including both phys- LOWEY, and Mr. ISRAEL): MENAUER, Mr. CAPUANO, Ms. CHU, Mr. ical and mental care, and for other purposes; H.R. 1568. A bill to amend the Internal Rev- CICILLINE, Mr. CONYERS, Mr. CUM- to the Committee on Energy and Commerce. enue Code of 1986 to provide for adjustments MINGS, Mr. DEFAZIO, Ms. DEGETTE, By Mr. GARCIA (for himself, Mr. in the individual income tax rates to reflect Ms. DELAURO, Mr. DEUTCH, Mr. DIN- RADEL, and Ms. ROS-LEHTINEN): regional differences in the cost-of-living; to GELL, Ms. EDWARDS, Mr. ELLISON, Mr. H.R. 1560. A bill to amend the Internal Rev- the Committee on Ways and Means. FARR, Mr. GENE GREEN of Texas, Mr. enue Code of 1986 to authorize the Internal By Mr. POMPEO (for himself, Mr. GRIJALVA, Mr. HIGGINS, Mr. Revenue Service to permit truncated social AMASH, Mr. MCCLINTOCK, Mr. HUFFMAN, Ms. EDDIE BERNICE JOHN- security numbers on wage reporting provided MULVANEY, Mr. RIBBLE, Mr. DUNCAN SON of Texas, Mr. JOHNSON of Geor- to employees; to the Committee on Ways and of South Carolina, Mr. LAMBORN, Mr. gia, Mr. LARSON of Connecticut, Ms. Means. JORDAN, Mr. MEADOWS, and Mr. PRICE LEE of California, Mr. LOEBSACK, Mr. By Mr. GARDNER: of Georgia): LYNCH, Mr. MARKEY, Ms. MCCOLLUM, H.R. 1561. A bill to authorize the Secretary H.R. 1569. A bill to amend the Internal Rev- Mr. MCDERMOTT, Mr. MCGOVERN, Mr. of the Interior to make improvements to enue Code of 1986 to terminate certain en- GEORGE MILLER of California, Ms. support facilities for National Historic Sites ergy tax subsidies and lower the corporate MOORE, Mr. MORAN, Mr. PASCRELL, operated by the National Park Service, and income tax rate; to the Committee on Ways Mr. PETERS of Michigan, Mr. RUSH, for other purposes; to the Committee on Nat- and Means. Ms. SCHAKOWSKY, Mr. SHERMAN, Ms. ural Resources. By Mr. RICHMOND: SLAUGHTER, Mr. TIERNEY, Mr. TONKO, By Mr. GIBSON (for himself, Mr. REED, H.R. 1570. A bill to amend title 31, United Ms. TSONGAS, Mr. VAN HOLLEN, Mr. Mr. OWENS, and Mr. SEAN PATRICK States Code, to provide for the regulation of WELCH, Mr. YARMUTH, Mr. LANGEVIN, MALONEY of New York): tax return preparers; to the Committee on Mr. HOLT, Mr. LIPINSKI, Mr. GUTIER- H.R. 1562. A bill to amend the Immigration Ways and Means. REZ, Mr. LEWIS, Mr. GARAMENDI, Mr. and Nationality Act to simplify the peti- By Mr. SCALISE (for himself, Mr. PAYNE, and Mr. COHEN): tioning procedure for H-2A workers, to ex- YODER, Mr. CHABOT, Mr. MULVANEY, H.R. 1554. A bill to restrict the use of off- pand the scope of the H-2A program, and for Mr. FLORES, Mr. PITTS, Mr. MEAD- shore tax havens and abusive tax shelters to other purposes; to the Committee on the Ju- OWS, Mr. PERRY, Mr. GRAVES of Geor- inappropriately avoid Federal taxation, and diciary. gia, Mr. STUTZMAN, Mr. COLLINS of for other purposes; to the Committee on By Mr. GUTHRIE (for himself and Ms. Georgia, Mr. YOHO, Mr. ROE of Ten- Ways and Means, and in addition to the Com- CASTOR of Florida): nessee, Mr. MESSER, Mr. FLEMING, mittee on Financial Services, for a period to H.R. 1563. A bill to enable concrete ma- Mr. KING of Iowa, Mr. ROKITA, Mrs. be subsequently determined by the Speaker, sonry products manufacturers to establish, BLACKBURN, Mr. DESJARLAIS, and in each case for consideration of such provi- finance, and carry out a coordinated pro- Mrs. HARTZLER): sions as fall within the jurisdiction of the gram of research, education, and promotion H.R. 1571. A bill to amend the Internal Rev- committee concerned. to improve, maintain, and develop markets enue Code of 1986 to provide for taxpayers

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\L15AP7.100 H15APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2026 CONGRESSIONAL RECORD — HOUSE April 15, 2013 making donations with their returns of in- Congress has the power to enact this legis- Clause 18, Section 8, Article 1 of the United come tax to the Federal Government to pay lation pursuant to the following: States Constitution, which reads: ‘‘The Con- down the public debt; to the Committee on This bill is enacted pursuant to the power gress shall have Power . . . To make all Ways and Means. granted to Congress under Article I, Section Laws which shall be necessary and proper for By Mr. SCHOCK: 8, Clause 3 of the United States Constitution. carrying into Execution the foregoing Pow- H.R. 1572. A bill to prohibit the use of Fed- By Mr. KILDEE: ers, and all other Powers vested by the Con- eral money for print, radio, television or any H.R. 1550. stitution in the Government of the United other media advertisement, campaign, or Congress has the power to enact this legis- States or in any Department or Officer form of publicity against the use of a food or lation pursuant to the following: thereof.’’ beverage that is lawfully marketed under the Article I, Section 8 By Mr. GARDNER: Federal Food, Drug, and Cosmetic Act; to By Mr. MEEKS: H.R. 1561. the Committee on Energy and Commerce. H.R. 1551. Congress has the power to enact this legis- By Mr. SIRES (for himself, Mr. Congress has the power to enact this legis- lation pursuant to the following: GARAMENDI, Mr. HONDA, Mr. PETRI, lation pursuant to the following: Article I, Section 8 and Mr. KENNEDY): This bill is enacted pursuant to the power Article IV, Section 3, Clause 2 H.R. 1573. A bill to amend the Peace Corps granted to Congress under Article 1, Section By Mr. GIBSON: Act to allow former volunteers to use the 8, Clause 3 of United States Constitution. H.R. 1562. seal, emblem, or name of Peace Corps on By Mr. HUIZENGA of Michigan: Congress has the power to enact this legis- death announcements and grave stones; to H.R. 1552. lation pursuant to the following: the Committee on Foreign Affairs. Congress has the power to enact this legis- Clause 3 and 4, of Section 8, of Article I. By Mr. TURNER: lation pursuant to the following: By Mr. GUTHRIE: H.R. 1574. A bill to amend the Dayton Avia- Article 1, Section 8 of the United States H.R. 1563. tion Heritage Preservation Act of 1992 to re- Constitution. Congress has the power to enact this legis- name a site of the park; to the Committee on By Mrs. CAPITO: lation pursuant to the following: Natural Resources. H.R. 1553. Article I, Section 8, Clause 3 By Mr. YODER (for himself, Mr. Congress has the power to enact this legis- To regulate Commerce with foreign Na- POMPEO, Ms. JENKINS, and Mr. lation pursuant to the following: tions, and among the several States, and CLEAVER): The Commerce Clause, Article I, Section 8, with the Indian Tribes; H.R. 1575. A bill to amend the Communica- Clause 3 of the Constitution states that Con- By Mr. HURT: tions Act of 1934 to require a provider of a gress shall have power to regulate the regu- H.R. 1564. commercial mobile service or an IP-enabled late Commerce with foreign Nations, and Congress has the power to enact this legis- voice service to provide call location infor- among the several States, and with the In- lation pursuant to the following: mation concerning the user of such a service dian Tribes. Article I, Section 8, Clause 3. to law enforcement agencies in order to re- By Mr. DOGGETT: By Mr. KING of New York: spond to a call for emergency services or in H.R. 1554. H.R. 1565. an emergency situation that involves risk of Congress has the power to enact this legis- Congress has the power to enact this legis- death or serious physical harm; to the Com- lation pursuant to the following: lation pursuant to the following: mittee on Energy and Commerce. Clause 1 of Section 8 of Article I of the Article I, Section 8, Clause 6 By Mr. NEUGEBAUER: United States Constitution. The Congress shall have Power . . . To H.J. Res. 39. A joint resolution proposing By Mr. DOGGETT: make all Laws which shall be necessary and H.R. 1555. an amendment to the Constitution of the proper for carrying into Execution the fore- Congress has the power to enact this legis- United States; to the Committee on the Ju- going Powers, and all other Powers vested by lation pursuant to the following: diciary. this Constitution in the Government of the Clause 1 of Section 8 of Article I of the By Mr. RUNYAN (for himself and Mr. United States, or in any Department or Offi- United States Constitution and Amendment SCHNEIDER): cer thereof. XVI of the United States Constitution. H. Con. Res. 31. Concurrent resolution sup- By Mr. LUETKEMEYER: By Mr. DOGGETT: porting Rare Pituitary Disease Awareness; H.R. 1566. to the Committee on Energy and Commerce. H.R. 1556. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. GARDNER (for himself, Mr. lation pursuant to the following: PETERS of Michigan, Mr. FLORES, Mr. lation pursuant to the following: Clause 1 of Section 8 of Article I of the The constitutional authority on which this RENACCI, Mr. HANNA, Mr. CARNEY, Mr. bill rests is the explicit power of Congress to COFFMAN, Mr. BARBER, Mr. DELANEY, United States Constitution and Amendment XVI of the United States Constitution. regulate commerce in and among the states, Mr. HIMES, Mr. POLIS, Mrs. as enumerate in Article 1, Section 8, Clause HARTZLER, Mr. TERRY, Mr. By Mr. BRALEY of Iowa: H.R. 1557. 3, the Commerce Clause, of the United States LANKFORD, Mr. GERLACH, Mr. Congress has the power to enact this legis- Constitution. BENISHEK, Mr. YODER, and Mr. lation pursuant to the following: By Mr. MULVANEY: LANCE): This bill is enacted pursuant to the power H.R. 1567. H. Res. 160. A resolution amending the Congress has the power to enact this legis- Rules of the House of Representatives to re- granted to Congress under Article I, Section 8, Clause 18 of the United States Constitu- lation pursuant to the following: quire authorizing committees to hold annual Article I, Section 8, Clause 1. ‘‘The Con- hearings on GAO investigative reports on the tion. By Mr. COLLINS of New York: gress shall have Power To lay and collect identification, consolidation, and elimi- Taxes, Duties, Imposts and Excises, to pay nation of duplicative Government programs; H.R. 1558. Congress has the power to enact this legis- the Debts and provide for the common to the Committee on Rules. lation pursuant to the following: Defence and general Welfare of the United By Mr. ROGERS of Kentucky (for him- This bill makes specific changes to exist- States; but all Duties, Imposts and Excises self, Mr. KEATING, Mr. WOLF, Mr. ing law in a manner that returns power to shall be uniform throughout the United RAHALL, Mr. GRIMM, Mr. LYNCH, Mr. the States and to the People, consistent with States.’’ TIERNEY, and Mr. ADERHOLT): Article I, Section 8, Clause 18. ‘‘To make H. Res. 161. A resolution expressing the Amendment X of the United States Constitu- tion. all Laws which shall be necessary and proper sense of the House of Representatives that for carrying into Execution the foregoing the Food and Drug Administration should By Ms. GABBARD: H.R. 1559. Powers, and all other Powers vested by this encourage the use of abuse-deterrent formu- Congress has the power to enact this legis- Constitution in the Government of the lations of drugs; to the Committee on En- lation pursuant to the following: United States, or in any Department or Offi- ergy and Commerce. The U.S. Constitution including Article 1, cer thereof.’’ f Section 8. By Mr. NADLER: CONSTITUTIONAL AUTHORITY By Mr. GARCIA: H.R. 1568. H.R. 1560. Congress has the power to enact this legis- STATEMENT Congress has the power to enact this legis- lation pursuant to the following: Pursuant to clause 7 of rule XII of lation pursuant to the following: Art. 1, sec. 8, cl. 1 ‘‘Congress shall have the the Rules of the House of Representa- Clause 1, Section 8 of Article 1 of the Power to lay and collect Taxes, Duties, Im- tives, the following statements are sub- United States Constitution, which reads: posts and Excises. . . .’’ mitted regarding the specific powers ‘‘The Congress shall have Power to lay and Art. 1, sec. 8, cl. 18 Necessary and proper collect Taxes, Duties, Imposts, and Excises, clause. granted to Congress in the Constitu- to pay the Debts, and provide for the com- By Mr. POMPEO: tion to enact the accompanying bill or mon Defense and General Welfare of the H.R. 1569. joint resolution. United States; but all Duties and Imposts Congress has the power to enact this legis- By Mr. PITTS: and Excises shall be uniform throughout the lation pursuant to the following: H.R. 1549. United States.’’ Article I, Section 8, Clause 3

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By Mr. RICHMOND: H.R. 139: Ms. DELBENE. H.R. 1181: Mr. COBLE. H.R. 1570. H.R. 200: Mrs. NAPOLITANO. H.R. 1201: Mr. LATHAM and Mr. ELLISON. Congress has the power to enact this legis- H.R. 207: Mr. FRANKS of Arizona, Mr. CAS- H.R. 1211: Mr. QUIGLEY. lation pursuant to the following: SIDY, and Mr. GIBBS. H.R. 1229: Ms. LEE of California, Ms. JACK- The Constitutional authority for this bill H.R. 208: Ms. LEE of California. SON LEE, Ms. WILSON of Florida, Mr. GRI- stems from Clause 1 of Section 8 of Article I H.R. 236: Mrs. NAPOLITANO. JALVA, and Ms. CLARKE. of the United States Constitution and H.R. 279: Mr. MULLIN. H.R. 1242: Mr. LABRADOR and Mr. H.R. 318: Mr. GRIFFITH of Virginia. Amendment XVI of the United States Con- BENTIVOLIO. H.R. 324: Mr. KENNEDY. stitution. EE H.R. 333: Mr. YOUNG of Alaska, Mr. KILMER, H.R. 1250: Ms. L of California. By Mr. SCALISE: H.R. 1252: Mr. MICHAUD. and Mr. TURNER. H.R. 1571. H.R. 351: Mr. WHITFIELD and Mr. RICE of H.R. 1263: Mr. RUNYAN and Mr. BARBER. Congress has the power to enact this legis- South Carolina. H.R. 1265: Mr. VARGAS and Mrs. NEGRETE lation pursuant to the following: H.R. 377: Mr. NEAL and Mr. SABLAN. MCLEOD. Article I, Section 8, Clause 1 of the United H.R. 503: Mr. STEWART. H.R. 1281: Mr. ROGERS of Kentucky. States Constitution H.R. 556: Mr. LABRADOR and Mr. NEUGE- H.R. 1289: Ms. WILSON of Florida, Mr. By Mr. SCHOCK: BAUER. TAKANO, Ms. JACKSON LEE, and Ms. SLAUGH- H.R. 1572. H.R. 569: Mrs. WALORSKI. TER. Congress has the power to enact this legis- H.R. 570: Mr. COURTNEY. H.R. 1322: Ms. SHEA-PORTER. lation pursuant to the following: H.R. 624: Mr. MCCAUL, Mr. THORNBERRY, H.R. 1330: Mr. VARGAS. The constitutional authority on which this Mr. UPTON, Mr. WALDEN, Mr. WESTMORELAND, H.R. 1344: Mr. THOMPSON of Mississippi, Ms. bill rests is the power of Congress as stated Mr. NUNES, Mr. POMPEO, Mr. PETERS of Cali- BORDALLO, Ms. HAHN, Mr. CA´ RDENAS, Mr. in Article I, Section 9, Clause 7 and Article fornia, Ms. SINEMA, Mr. LANCE, Mr. LOBI- CARTWRIGHT, and Mr. GRIMM. I, Section 8, Clause 18 of the United States ONDO, Mr. KING of New York, Mr. HECK of Ne- H.R. 1371: Ms. MICHELLE LUJAN GRISHAM of Constitution. vada, Mr. STIVERS, Mr. CONAWAY, Mr. New Mexico. By Mr. SIRES: MCHENRY, Mrs. MILLER of Michigan, Mr. H.R. 1386: Mr. GIBBS, Mrs. LUMMIS, Mr. H.R. 1573. GUTHRIE, Mr. KLINE, Mr. SCHOCK, Mr. MULVANEY, and Mr. PEARCE. Congress has the power to enact this legis- MULVANEY, Mr. HASTINGS of Washington, Mr. H.R. 1414: Ms. BORDALLO, Mr. PAYNE, Mr. lation pursuant to the following: CAMP, Mr. COLE, Mr. KINZINGER of Illinois, HASTINGS of Florida, Mr. TIERNEY, Ms. Article 1, Section 8 of the United States Mr. AMODEI, Mr. GRIFFIN of Arkansas, Ms. BROWNLEY of California, and Mr. POLIS. Constitution SEWELL of Alabama, Mr. CUELLAR, Mr. H.R. 1416: Mr. HECK of Nevada, Mr. BROUN By Mr. TURNER: COSTA, Mr. HASTINGS of Florida, Mr. KILMER, of Georgia, Mr. HUNTER, Mr. YODER, Mr. H.R. 1574. Mr. LIPINSKI, Mr. ENYART, Mr. GUTIERREZ, RADEL, Mrs. MILLER of Michigan, Mr. JONES, Congress has the power to enact this legis- and Mr. VARGAS. Mr. COBLE, Mr. CARTER, Mrs. BLACKBURN, Mr. lation pursuant to the following: H.R. 627: Mr. HONDA, Mr. LOWENTHAL, Mr. SMITH of New Jersey, Mr. GIBBS, Mrs. LUM- Article I, Section 8, Clauses 1 and 18; and GEORGE MILLER of California, Mr. LUCAS, and MIS, Mr. DAVID SCOTT of Georgia, Mr. RUP- Article IV, Section 3, Clause 2 of the Con- Mr. KING of Iowa. PERSBERGER, Mrs. BACHMANN, Mr. MCHENRY, stitution of the United States. H.R. 629: Mr. HORSFORD. Mr. ROONEY, Ms. JACKSON LEE, and Mr. ROE By Mr. YODER: H.R. 630: Mr. BISHOP of Georgia and Mr. of Tennessee. H.R. 1575. CASTRO of Texas. H.R. 1417: Mr. HUDSON and Mr. STEWART. Congress has the power to enact this legis- H.R. 655: Mr. RENACCI. H.R. 1460: Mrs. WAGNER. lation pursuant to the following: H.R. 666: Mr. RUIZ. H.R. 1466: Mr. DOGGETT, Mr. GRIJALVA, Ms. Article 1, Section 8, Clauses 1 and 3, H.R. 671: Mr. BISHOP of New York and Mr. SCHWARTZ, Mr. CONNOLLY, Mr. NADLER, Ms. The Congress shall have power To lay and KILMER. BROWN of Florida, and Mr. RANGEL. collect Taxes, Duties, Imposts and Excises, H.R. 719: Mr. YOUNG of Alaska and Mr. H.R. 1478: Ms. TSONGAS. to pay the Debts and provide for the common SCHIFF. H.R. 1502: Mr. BACHUS, Mr. BRADY of Texas, defence and general Welfare of the United H.R. 721: Mrs. NOEM. and Mr. ROSKAM. ILMER ARSON States; but all Duties, Imposts and Excises H.R. 724: Mr. K , Mr. C of Indi- H.R. 1507: Mr. RAHALL, Mr. LATHAM, Mr. ASSIDY INZINGER shall be uniform throughout the United ana, Mr. C , and Mr. K of Illi- SIRES, Ms. BONAMICI, Mr. KING of New York, States; nois. and Mr. CONNOLLY. To regulate Commerce with foreign Na- H.R. 730: Mr. SENSENBRENNER and Mr. H.R. 1509: Mr. DOYLE. tions, and among the several States, and BARR. H.R. 1532: Mr. HUFFMAN. H.R. 755: Ms. SCHAKOWSKY AND Mr. COOK. with the Indian Tribes; H.R. 1547: Mr. SCHRADER, Ms. SINEMA, Mr. H.R. 786: Mr. POCAN. By Mr. NEUGEBAUER: MULVANEY, and Mr. CARTWRIGHT. H.R. 792: Mr. MCHENRY. H.J. Res. 39. H.J. Res. 31: Mr. CARTWRIGHT. Congress has the power to enact this legis- H.R. 798: Ms. TITUS and Mrs. BEATTY. H.R. 800: Mr. NUGENT and Mrs. ELLMERS. H. Con. Res. 23: Mr. KINGSTON. lation pursuant to the following: H. Con. Res. 24: Mr. COBLE and Mr. COLE. Article I, Section 8, Clause 1 H.R. 826: Mr. COOPER. H.R. 850: Mr. GARCIA, Ms. WILSON of Flor- H. Con. Res. 26: Mr. FORBES. The Congress shall have Power to lay and H. Con. Res. 30: Mr. WILSON of South Caro- collect Taxes, Duties, Imposts and Excises, ida, Ms. BROWN of Florida, Mr. LUCAS, Mr. COHEN, Ms. LINDA T. SA´ NCHEZ of California, lina, Mr. PETERS of Michigan, Mr. YOHO, Mr. to pay the Debts and provide for the common HALL, Mr. ENYART, Mr. POLIS, Mrs. MCMOR- Defence and general Welfare of the United Mr. HARPER, and Mr. GARAMENDI. H.R. 851: Mr. MCGOVERN. RIS RODGERS, Mrs. CAROLYN B. MALONEY of States; but all Duties, Imposts and Excises H.R. 920: Mr. TIBERI and Mr. LUCAS. New York, Mr. YODER, Ms. WILSON of Flor- shall be uniform throughout the United H.R. 924: Mr. VAN HOLLEN. ida, Mr. HORSFORD, Mr. RUNYAN, Mr. BACHUS, States. H.R. 940: Mr. DUFFY. Ms. SCHAKOWSKY, Mrs. DAVIS of California, f H.R. 956: Mr. ROHRABACHER, Mr. MCINTYRE, Mr. CHAFFETZ, Mr. WALBERG, Mr. TIBERI, Mr. Mr. RUPPERSBERGER, Mr. RICHMOND, and Mr. ADDITIONAL SPONSORS SOUTHERLAND, Mr. MICHAUD, Mr. SESSIONS, PERLMUTTER. Ms. FUDGE, Ms. ROS-LEHTINEN, Mr. KELLY of Under clause 7 of rule XII, sponsors H.R. 961: Mr. THOMPSON of California and Pennsylvania, Mr. SMITH of New Jersey, Ms. were added to public bills and resolu- Mr. WELCH. SPEIER, Mrs. BLACKBURN, Mr. SCHWEIKERT, tions as follows: H.R. 962: Ms. LOFGREN and Mr. WELCH. Mr. VAN HOLLEN, Mr. SHIMKUS, Mr. MILLER H.R. 984: Mrs. BLACKBURN. of Florida, Mr. MURPHY of Florida, Mr. H.R. 3: Mr. PITTENGER, Mr. SCHOCK, Mr. H.R. 1012: Mr. NADLER, Mr. HASTINGS of DESJARLAIS, Mr. SCALISE, Mr. SALMON, Mr. ROE of Tennessee, Mrs. MILLER of Michigan, Florida, and Ms. WILSON of Florida. PEARCE, Mr. ROGERS of Kentucky, Mrs. Mr. WILSON of South Carolina, Mr. LATHAM, H.R. 1020: Mr. DUNCAN of Tennessee, Mr. HARTZLER, Mr. MEADOWS, Mr. NUNNELEE, Mr. Mr. GRAVES of Georgia, and Mr. THORN- MULVANEY, Mr. AMODEI, and Mr. COLE. BERRY. H.R. 1024: Mr. DEFAZIO. OLSON, Mr. YOUNG of Florida, Mr. MARINO, H.R. 32: Ms. ESTY and Mr. LUCAS. H.R. 1026: Mr. STOCKMAN, Mr. SMITH of Ne- Mr. RANGEL, Mr. GENE GREEN of Texas, Mr. H.R. 38: Mr. HECK of Nevada, Mr. braska, and Mr. CONAWAY. POMPEO, Mr. RODNEY DAVIS of Illinois, Mrs. MULVANEY, Mr. GUTHRIE, and Mr. CALVERT. H.R. 1038: Mr. MCCLINTOCK, Mr. DEFAZIO, LUMMIS, Mr. LATTA, and Mr. SWALWELL of H.R. 124: Mr. KLINE and Mr. COBLE. and Ms. MATSUI. California. H.R. 125: Mr. DUNCAN of Tennessee. H.R. 1076: Mr. COTTON. H. Res. 30: Mr. THOMPSON of Mississippi. H.R. 129: Ms. SPEIER, Mrs. NAPOLITANO, and H.R. 1100: Mr. RUIZ. H. Res. 36: Mr. CRAWFORD and Mr. Mr. DANNY K. DAVIS of Illinois. H.R. 1148: Mr. WITTMAN and Mr. KING of WENSTRUP. H.R. 135: Mr. BERA of California. Iowa. H. Res. 75: Mr. BENTIVOLIO. H.R. 136: Mr. BERA of California. H.R. 1151: Mr. GRAVES of Missouri. H. Res. 78: Ms. LOFGREN.

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Vol. 159 WASHINGTON, MONDAY, APRIL 15, 2013 No. 50 Senate The Senate met at 2 p.m. and was nation of Beverly Reid O’Connell to be On this proposal—background called to order by the President pro a district judge for the Central District checks—the National Rifle Association tempore (Mr. LEAHY). of California. is not being very talkative. Why? Be- At 5:30 p.m. there will be a rollcall cause they have supported this meas- PRAYER vote on confirmation of the O’Connell ure in the past. And while they are not The Chaplain, Dr. Barry C. Black, of- nomination. publicly supporting it now, they have fered the following prayer: f done it in the past. Let us pray. PREVENTING GUN VIOLENCE This measure has the support of Eternal God, inspire us to treat oth- antigun violence advocates such as Mr. REID. Mr. President, the debate Mayors Against Illegal Guns, con- ers as we want them to treat us. Let us over the best way to prevent gun vio- rejoice in their strengths, and let us be sisting of hundreds of mayors around lence in America raises strong emo- the country. It has the support of law patient with their weaknesses. tions. Second amendment advocates— As our Senators do the work of free- enforcement groups, such as the Inter- me among them—want to preserve and national Association of Chiefs of Po- dom today, may they be sustained by protect the right of every law-abiding Your love. Remind them that Your Di- lice. citizen to bear arms. Victims of gun vi- Although this compromise does not vine affection has given them every- olence and family members of those thing they need for life and liberty. An- go as far to expand background checks killed by guns—me among them—want as some had hoped, the nature of com- swer them when they cry out to You to ensure that guns are kept from the promise is what it is. That is what leg- and tell them great and unsearchable hands of criminals and those with men- islation is all about. It is not perfect, things they do not know. Give them tal illnesses severe in nature. These are but it certainly is a long, big, heavy the humility to understand that none both worthy goals, and they should not step forward. of us has a monopoly on Your truth be mutually exclusive goals. and that we all need each other to dis- It is possible to uphold the second Expanding background checks to cover Your guidance together. amendment while protecting innocent cover gun shows and Internet sales is We pray in Your great Name. Amen. Americans from gun violence. Of common sense. It will help protect the innocent from gun violence. And it will f course it is. The compromise back- ground check proposal before the Sen- also protect firearms sellers. No re- PLEDGE OF ALLEGIANCE ate—a measure crafted by Senators sponsible firearms dealer wants to un- The President pro tempore led the TOOMEY, MANCHIN, KIRK, and SCHU- wittingly put a gun in the hands of a Pledge of Allegiance, as follows: MER—achieves both goals. This bipar- murderer. I pledge allegiance to the Flag of the tisan measure would keep guns out of One need only ask a man by the United States of America, and to the Repub- the hands of dangerous criminals by re- name of Bruce Daly. Mr. Daly sold the lic for which it stands, one nation under God, quiring background checks for private shotgun that was used in a shooting indivisible, with liberty and justice for all. gun sales at gun shows and over the rampage at the Lloyd D. George Fed- f Internet. eral Courthouse in Las Vegas a few It strengthens the existing instant years ago. RECOGNITION OF THE MAJORITY Seventy-two-year-old security guard LEADER check system by encouraging States to put all their criminal and mental and retired police officer Stanley Coo- The PRESIDENT pro tempore. The health records into the National In- per was murdered by a felon who majority leader is recognized. stant Criminal Background Check Sys- bought a gun at a gun show in King- f tem, a step supported by gun rights man, AZ—90 miles from Las Vegas. I groups. And it would establish a Na- repeat, the shooter was a convicted SCHEDULE tional Commission on Mass Violence to felon, who had no right to own a gun Mr. REID. Mr. President, following study all causes of mass violence in our and could never have passed a back- leader remarks, the Senate will be in a country. School safety, mental health, ground check. But because Mr. Daly period of morning business until 5 video games—whatever is appropriate sold the shotgun at a gun show in Ari- o’clock this afternoon. During that pe- should be looked into. zona, he never had to perform a back- riod of time, each Senator will be al- This legislation has the backing of ground check. lowed to speak for up to 10 minutes the Citizens Committee for the Right After the shooting at the Las Vegas each, if they wish. to Keep and Bear Arms. It has 650,000 courthouse, Mr. Daly was found to At 5 p.m. the Senate will proceed to members. It is the second largest gun have an expired Federal permit for sell- executive session to consider the nomi- rights group in the Nation. ing weapons, and because of that he

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

S2629

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VerDate Mar 15 2010 23:36 Apr 15, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A15AP6.000 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2630 CONGRESSIONAL RECORD — SENATE April 15, 2013 was convicted. But Mr. Daly, admi- Don’t we have an obligation to the responsible gun owners. I understand rably, has stepped forward. He admits American people to do some correcting this check is necessary and I have no to having sold dozens of guns that were of what is not right in this country? I problem going through it. But I expect linked to violent crimes. I repeat, believe so. everybody else to go through it because today Mr. Daly, admirably, wishes he Mr. President, I know the chairman it keeps guns out of the hands of crimi- had done more to keep the guns he sold of the committee, who has worked hard nals and those who are a danger to out of the hands of criminals, and he to get this matter before us, is here. He themselves and others due to mental has stated many times that expanded also has an amendment. I hope we can illness. background checks are the best way to get to his amendment, which I wish to Background checks work. Since 1998, do that. do next; and that is an amendment over 2 million sales to prohibited peo- Most gun owners—and most gun deal- that I am told is even supported by the ple have been prevented thanks to ers—are responsible, law-abiding peo- National Rifle Association to improve background checks. That is 2 million ple. They love and respect firearms. what is in this bill that was reported times a potentially dangerous person They are sportsmen who hunt. They out of the committee dealing with Fed- trying to get a gun was denied a gun. may take their weapons when they go eral trafficking. Now some argue that background fishing. These are people who enjoy The PRESIDING OFFICER (Mr. checks do not work because not enough target shooting, who no longer hunt, KAINE). The Senator from Vermont. people who fail the background check but they like to go out and plunk or f are later prosecuted. Failing a back- they like to go to a range and shoot. ground check is not in itself a crime. They are citizens who simply want to GUN TRAFFICKING Indeed, the main purpose of the back- protect themselves, their homes, and Mr. LEAHY. Mr. President, I tell the ground check is to prevent a prohibited their families. Senator from Nevada, we have been person from getting the desired gun. A better background check law will working very hard on that. It has bi- Although not foolproof, the back- not infringe on second amendment partisan support. It had a bipartisan ground check system we have had in rights in any way. But it will prevent vote out of the Senate Judiciary Com- place has succeeded in preventing dan- the small minority of people who want mittee. gerous people from getting guns over 2 to obtain guns for the wrong reasons We had been working on it with the million times. What we are now trying from buying these weapons. And it will National Rifle Association and a lot of to do is improve the background check stop troubled people who, because of an others because this trafficking allows system. That is what the Manchin- illness beyond their control, would be a somebody who can legitimately buy Toomey amendment is trying to do. We danger to themselves or to others if weapons to go in and buy them and all know there is a huge, huge loophole they possessed a firearm. then sell them to people who are from in that background check system. This compromise legislation should a drug cartel in this country or others Criminals and other prohibited people not be controversial. Nine out of 10 or to a gang member—people who could who could not go in to a legitimate gun Americans—including a majority, a not have bought them legitimately. It store in the Presiding Officer’s State or vast majority, of gun owners and 75 is a huge loophole. my State can get around this by going percent of NRA members—support We saw the same loophole in the stronger background check laws. This to nonlicensed dealers at gun shows. murder of the head of the Colorado I know gun store owners in Vermont. is not the background check law that prison system. The man who we under- They follow the law and conduct back- was reported out of the committee that stand shot him would have been pro- ground checks. They wonder why oth- is in the underlying bill. But MANCHIN, hibited from buying a weapon, but ers who sell guns do not have to follow TOOMEY, KIRK, and SCHUMER think they somebody who could buy one bought it these same rules. I agree with these re- can improve that, and that is what this and passed it on to him. amendment is all about. sponsible business owners. Just as I go I want to thank Senators MANCHIN A number of my colleagues oppose through a background check when I and TOOMEY for coming forward with this measure. I am sure that is the buy a gun, I want everybody to have to case. It is their right to vote against it. their bipartisan amendment to close go through it and not be able to use the We continue to work—I continue to the gun show loophole and prevent loophole. work—toward an agreement to vote on criminals from obtaining firearms, I have been voting to close this loop- this compromise and to consider other while at the same time respecting and hole for years. In 1999, when the Senate amendments. We need to do that. protecting the second amendment adopted an amendment to close the Democrats are not going to offer all rights of responsible gun owners. These gun show loophole, we passed that pro- the amendments. Republicans want to Senators have worked long and hard. vision after the tragedy at Columbine. offer amendments. They feel the law in They have studied the issue. They have Regrettably, the House would not pass the country today is too weak. In their compromised, and they have reached the bill. Republican leadership at the minds, they want to make it weaker an agreement that I intend to support time let the matter drop. I hope this but they think that is a strength. Most and I hope the Senate will adopt. time the House will join us to close the people, a majority of us, would dis- The Senator from Nevada certainly loophole once and for all. agree, but they have a right to do that. hopes Senators will vote and not fili- The Manchin-Toomey bipartisan I hope there are not going to be a few buster. The American people I think amendment closes the loophole in a unreasonable extremists who are going would consider it a disgrace if Senators way that does not infringe upon second to try to prevent an up-or-down vote on were unwilling to stand and vote either amendment rights. Sales at gun shows, legislation in this bill. We should not yes or no. A filibuster means you vote sales using online or print advertising have a filibuster on this legislation. I, maybe. I would hope, with only 100 of will be governed by the same kind of of course, can always file cloture. I us to represent 314 million Americans, requirements that a gun store owner in hope we do not have to do that. That we would at least have the courage to Vermont or Virginia or anywhere else would be a shameful tribute to the vote yes or vote no. It may not be a has to follow. It is going to make us memory of 27 people who died in New- popular vote either way you vote, but safer. It will not confiscate anyone’s town: little boys and girls—in the voting maybe—which is what a fili- guns. It will not create a government minds of many, babies—and school buster is—shows no respect for the registry. It does not undermine the sec- teachers, administrators who were Senate and shows no courage. ond amendment. No court has held killed; 27 of them. We have had background checks for that background checks, which have Newtown deserves a vote, and so do decades. They are an accepted part of been with us for decades, violate the the mothers and fathers, loved ones the process of buying a gun. I am second amendment. Indeed, when the and friends, of the 3,300 victims of gun among millions of responsible gun own- U.S. Supreme Court expressly held that violence in America since that terrible ers who have undergone a background the second amendment provides an in- day at Sandy Hook. Mr. President, 3,300 check as part of this process. And as I dividual right in the Heller case, it also people have died because of gunshots tell our gun dealers in Vermont when I said that ‘‘longstanding provisions on since Sandy Hook. buy a gun there, I am like millions of the possession of firearms by felons and

VerDate Mar 15 2010 23:36 Apr 15, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.002 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 15, 2013 CONGRESSIONAL RECORD — SENATE S2631 the mentally ill’’ do not violate the the enforcement of existing laws and p.m., with Senators permitted in speak second amendment. efforts to give law enforcement offi- for up to 10 minutes each. The compromise these Senators have cials better tools to do their jobs are The PRESIDING OFFICER. The Sen- presented to us is focused on gun shows not mutually exclusive; those efforts ator from Oregon. and commercial sales. It does not re- complement each other. A recent arti- Mr. WYDEN. Mr. President, I ask quire background checks for sales be- cle in the Washington Times, certainly unanimous consent to speak for up to tween spouses or siblings or parents, not considered a liberal paper, docu- 20 minutes. grandparents, uncles, aunts, nieces, mented the gun prosecutions were in The PRESIDING OFFICER. Without nephews, and cousins. It does not re- decline beginning in the Bush adminis- objection, it is so ordered. quire background checks for a transfer tration. They suggested having a Sen- f between friends and neighbors who talk ate-confirmed Director of the Bureau TAX REFORM to each other and decide to sell or give of Alcohol, Tobacco, Firearms and Ex- each other a firearm. plosives would significantly help law Mr. WYDEN. Mr. President, in The bill does not require background enforcement. We need to get such a di- Shakespeare’s ‘‘Julius Caesar,’’ a checks for temporary transfers of guns rector. But let’s not be distracted from soothsayer warned Caesar to ‘‘beware for hunting or target shooting. But it what we can do to keep Americans safe the Ides of March.’’ For most Ameri- does require background checks for the by partisan attacks on this administra- cans, however, the Ides of March passes kind of sales that can be easily ex- tion or the last administration. without incident. It is the Ides of ploited by people who intend to do I also want to thank Senator SCHU- April—April 15, tax day—that so many harm: sales at gun shows and through MER for all his efforts to bring us to Americans dread. The last few days online and print advertisement. this point. I worked with him to make must have been a big bonanza for the I would hope Senators would agree sure the legislation considered and headache medicine industry. Taxes are with 90 percent of the people in this voted on in the Judiciary Committee due tonight at midnight. country: We need a strong background included a provision to improve the Millions of Americans spent their check system in order to keep guns out background checks system. He intro- weekend struggling to use tax software of the hands of dangerous criminals. duced a number of background check that crashed, flailing about to locate Why not try to plug the loopholes in proposals. He reached across the aisle receipts, and wading through hundreds the law that allow dangerous criminals to try very hard to come to an agree- of pages of tax instructions. Instead of to buy guns without background ment with Senator COBURN. His efforts enjoying the outdoors or spending time checks? It is a matter of common helped pave the way for the agreement with family and friends, too many sense. If we agree that the background that Senator MANCHIN and Senator Americans spent this past weekend check system makes sense, why not TOOMEY were able to reach. hunched over their kitchen tables or in make it more effective? What respon- I have also been encouraging the jun- front of their computers surrounded by sible gun owner objects to improving ior Senator from West Virginia in his a maze of receipts, canceled checks, the background check system? efforts. He has shown great leadership, forms, and other paperwork as they un- I come from a State with a lot of gun sensitivity and perseverance. I com- dertook the annual water torture rit- owners, myself included. I have not mend Senator TOOMEY for his willing- ual of preparing tax returns. heard a single gun owner say, we ness to join in this legislative effort. This is the tax instruction booklet should not have a background check Together they have done the Senate for our personal taxes, our 1040 form. It apply to everybody just as it applies to and the country a great service. At the goes on and on, well over 200 pages. The them. outset of the Judiciary Committee’s first 104 pages of instructions are the At the first of our Judiciary Com- consideration of this issue, I encour- basic form 1040. The further 110 pages mittee hearings of the year, the first of aged Senators to bring forward their of instructions are for the most com- three hearings on gun violence pro- ideas, to debate that which they mon schedules to the 1040. There has posals, I pointed out that Wayne thought could make a difference, not got to be a better way. LaPierre of the NRA testified in 1999 in just obstruct that which they opposed. Some day I hope Democrats and Re- favor of mandatory criminal back- I hope those who oppose the measure publicans can come to the floor of this ground checks for every sale at every put forward by Senators MANCHIN and body, ask unanimous consent that this gun show. He emphasized at that time TOOMEY will seek to be part of this de- goes into the trash, and instead we sub- the NRA supported closing loopholes in bate rather than simply try to silence stitute a much simpler way for our the background system by saying, ‘‘No it. people to do their taxes. The reality is loopholes anywhere for anyone.’’ Improving the background check sys- the Tax Code is too complex, too cost- It is common sense. That is what we tem is a matter of common sense. Sen- ly, and simply takes too much time to voted to do in 1999 and we should again, ators MANCHIN and TOOMEY have shown comply with. It is a code that is hope- and this time we should get it enacted. that it can be accomplished in a way lessly out of date, mind-numbingly I have said over and over again, do not that better protects our communities complex, increasingly unfair, and ex- filibuster or sloganeer. Vote. Vote yes; and fully respects our Second Amend- traordinarily inefficient. vote no. Do not vote maybe. No one is ment rights. I am pleased to support As a result, one of our most con- going to take away our second amend- this bipartisan solution. sequential economic policies, our tax ment rights. They are not at risk. But Now, will everybody agree on this law, does far more to stifle economic lives are at risk where responsible peo- legislation? Perhaps not. But at least growth than to encourage it. Our coun- ple fail to stand up for laws that will have the courage to vote yes or no. try needs a comprehensive overhaul of keep guns out of the hands of those Vote yes or no. If you are going to vote our system of raising revenue and a who use them to commit crimes of vio- maybe, that is voting for a filibuster. modern Tax Code that is simpler, fair- lence. The American people want a little bit er, and simply more efficient. In sum, This is something we can come to- of courage on the part of 100 Senators. what is needed is a progrowth eco- gether and do to make America safer nomic tax policy. If history is any f and more secure. Some have expressed guide, particularly when former Presi- frustration about the level of prosecu- RESERVATION OF LEADER TIME dent Reagan and a big group of Demo- tions under existing gun laws. And The PRESIDING OFFICER. Under crats got together, it can bolster Amer- some have suggested that instead of the previous order, the leadership time ican families and increase revenue making sensible changes to our public is reserved. without raising rates. safety laws to prevent gun violence, f I have been something of a broken Federal law enforcement officials record on this issue for some time. But should focus exclusively on existing MORNING BUSINESS on a day such as this, particularly laws. I share some of that frustration, The PRESIDING OFFICER. Under given what our people went through but I do not agree it is a valid excuse the previous order, the Senate will be over the past weekend, I think it is for us to do nothing. Improvements in in a period of morning business until 5 time we spend a few minutes to talk

VerDate Mar 15 2010 23:36 Apr 15, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.003 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2632 CONGRESSIONAL RECORD — SENATE April 15, 2013 about how important it is to bring eliminate the multiple provisions that about who ought to receive tax bene- some common sense to American tax require taxpayers to calculate their li- fits, but I think they needlessly com- law. What is particularly striking is ability multiple times, such as the al- plicate tax filing and certainly lead to that I think the Congress understands ternative minimum tax. Talk about bu- inadvertent errors which the Internal what needs to be done. This is a ques- reaucratic water torture. All this Revenue Service then attempts to fig- tion of political will now. There have weekend across the country we had ure out how to correct. been all kinds of blue-ribbon reports middle-class folks essentially doing Other factors used to define quali- from the Bush administration, the their taxes twice as a result of the min- fying children further complicate the Obama administration. I think what imum tax. The personal exemption situation, including the child’s phys- needs to be done is widely understood. phaseout, PEP, and the phaseout of ical residence, custody arrangements, The pipes in the Tax Code are clogged itemized deductions, Pease, isn’t much and who pays the child’s living ex- with provisions that encourage rent- easier. penses. Establishing a single definition seeking behavior, lead to the I would show this poster which dem- to determine whether taxpayers may misallocation of capital, and warp the onstrates 11 tax forms. These are claim tax benefits for children would American economy. What needs to be forms, colleagues, the typical filer simplify both tax filing and IRS proc- done is go in there and drain the must fill out every year or, if they can essing of returns. swamp and clean out the Tax Code. It afford it, pay someone to fill them out. The list only goes on and on, such as contains almost 4 million words. In the Is it really necessary to run this full- the earned-income tax credit, some- last decade alone, more than 130 laws time, hand-cramping program for our thing vital to low-income families, and have been enacted that yielded almost citizens to have to wade through all of a whole host of different workshops. 4,500 changes to the Tax Code. That this? The educational credits are, again, an- amounts to more than one change to We also have another alternative, a other example where families with stu- the Tax Code each and every day, year one-page 1040 form which I have dents in college qualifying for multiple in and year out. worked on with colleagues for years. It tax benefits to defray educational ex- It has become so complicated that al- is only about 29 lines long. Some indus- penses often may claim only one of most 90 percent of taxpayers either trious reporters took this particular them. For example, a family may be hire a tax preparer or use tax prepara- tax form and found a typical citizen— able to claim either the Hope credit or tion software to complete returns. The this was worked on by Democrats and the Lifetime Learning Credit, but not IRS reports that the average estimated Republicans—may fill out their taxes both for the same student. time burden for all taxpayers filing a with this form in under an hour. If the family has more than one stu- Form 1040, a 1040A, a 1040EZ, is 13 To illustrate how complicated the dent it may claim one credit for one hours, with an average cost of $210. code has become, let me refer briefly to student and the other for a second stu- With respect to these forms, nonbusi- capital gains. The income tax cur- dent. Determining which alternative is ness taxpayers face an average burden rently imposes at least nine different best requires multiple calculations and of about 8 hours, a full day’s work, effective tax rates on capital gains, de- may conflict with the use of other tax while business taxpayers face an aver- pending on the taxpayer’s regular rate, benefits for education such as age burden of about 23 hours, nearly 3 how long an asset was owned, the type Coverdale savings accounts and 529 sav- days of work. of asset, and whether the taxpayer ings plans. Comprehensive tax reform In 2011, the Small Business Adminis- owes the alternative minimum tax. For would, at the very minimum, coordi- tration found that among businesses this the IRS provides three different nate these educational benefits to with 20 or fewer employees, tax compli- worksheets, one with 37 lines, to help make it easier for families to deter- ance cost $1,584 per employee. In addi- taxpayers calculate their tax on cap- mine eligibility. tion to the escalating cost of compli- ital gains. How complicated have things be- ance with this code, cost, both time Comprehensive reform should make come? A few years ago Treasury’s In- and money, the complexity of the code, things easier for taxpayers by allowing spector General for Tax Administra- in my view, has obscured the typical a percentage exclusion for long-term tion sent staff to pose as taxpayers at person’s ability to understand it and gains and reapplying regular tax rates 12 commercial preparer chains and 16 has undercut voluntary compliance, to the rest. This simple change, to have small independent preparers. Of the 28 which is, of course, the bedrock prin- an exclusion for a measure of capital tax returns the professionals prepared, ciple of our tax law. gains which have been earned and then 17 had mistakes. All of the business re- With the ongoing debate about how a progressive rate structure from this turns were wrong. Let me repeat that. to reduce the budget deficit, the Tax point on, would sharply reduce the All of the business returns were wrong Code’s complexity serves also to per- complexity of returns while maintain- when professionals had prepared them. petuate what is known as the tax gap; ing fairness and opportunities for all In 2006 the same sort of drill was un- that is, the difference between what our people to invest. dertaken. Again, the Government Ac- taxpayers pay and what is owed under Further complicating matters, a countability Office found professional the law. The most recent Internal Rev- number of commonly used terms in the preparers made mistakes. They mis- enue Service estimate for the tax gap Tax Code: qualifying child, modified handled those bread-and-butter kinds is $385 billion. Based on statistical adjusted gross income, and more, have of issues, such as the earned-income trends, the likely gap for this year is multiple definitions depending on the tax credit and the childcare credit. going to exceed $420 billion. This is an provision. Certainly, Democrats and They even got it wrong whether the underpayment of approximately 14 per- Republicans should agree uniform defi- taxpayer should even itemize his or her cent. nitions for the most commonly used deductions. My gut tells me—I serve on both the terms are something which shouldn’t The question is, If the pros can’t fig- Finance Committee and the Joint be a bipartisan issue. More than 40 defi- ure out how to file taxes, isn’t it clear, Committee on Taxation—that some of nitions of small business exist in the isn’t it obvious to all of us the Tax this gap certainly is due to conscious Tax Code alone. Code needs to be purged and the special tax evasion, but I also believe a signifi- There are certainly policy reasons to interest breaks cleaned out so rates cant portion of it is attributable to in- provide tax benefits to families with can be held down for all? And we can advertent mistakes in filing, many of children. The definition of a child dif- agree on a simple tax philosophy. I can which stem from the complexity of the fers widely across the Tax Code. sum up mine in a sentence. code. Well-coordinated, thoughtful, Children under 19 count in defining I believe we need a tax system which comprehensive reform is going to re- the earned-income tax credit benefits. gives everybody in America the oppor- duce the need for many complex provi- Those under 17 qualify for the child tunity to get ahead. If you are success- sions that limit the ability of tax- credit, and only those under 13 are eli- ful, we want you to be successful. You payers to benefit from certain deduc- gible for the child and dependent care will pay your fair share, but nothing in tions, credits, exemptions, and exclu- credit. Maybe these differences result the Tax Code will make it impossible sions. Comprehensive tax reform must from deliberate congressional actions for you to be successful in the days

VerDate Mar 15 2010 23:36 Apr 15, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.004 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 15, 2013 CONGRESSIONAL RECORD — SENATE S2633 ahead. If you don’t have much, we will Tax Day is a day to renew our efforts Small businesses generate two out of have a Tax Code which is simple and to simplify the tax system and ease the every three new jobs. Ninety-five per- understandable. When you work hard burden on hard-working Americans. cent of businesses, which employ near- and play by the rules, you will have an The act of actually filing taxes is never ly 70 million Americans, are organized opportunity to get ahead as well. pleasant, but it also allows Americans in such a way that earnings are passed Comprehensive tax reform will make the chance to assess just how much of through the enterprise and therefore it easier to file. It is going to lay out their income is going toward sub- subject to taxation at the individual an opportunity for the Senate Demo- sidizing an ever-growing bureaucracy. level. Tax day provides us with a need- crats, Republicans, and Independents Rather than make it easy for citizens ed reminder of how broken our Tax to come together. to comply with the income tax require- Code is. We can and should use it as the I close simply by saying once again, ments, the Federal Government has impetus to pursue progrowth tax re- we saw in the past few days how broken held onto an arcane, convoluted tax form. My goal for tax reform is sim- and dysfunctional our tax system in system. Many citizens, particularly ple—a fairer tax code that ensures that America has become. Can you imagine small business owners, are forced to Nebraskans and our neighbors from what people thought when their soft- hire costly accountants or buy tax across the country can keep more of ware was crashing in the last couple of software just to sift through the the money they work hard to earn days? They are trying to find their re- 3,951,104 words of the Tax Code which, while providing for the core duties and ceipts, flailing through filing cabinets along with other rules and regulations, responsibilities of our government. trying to find those documents which fills 73,608 pages of text, all in order to Mr. President, I yield the floor. attest to their taxable events for the figure out just how much one owes. The PRESIDING OFFICER. The Sen- past year. They can’t know with cer- Nebraskans shouldn’t need to waste ator from Michigan. their time or pay for expensive finan- tainty, based upon some of those anal- f yses by the Government Account- cial advisers just to fork over more GUN SAFETY ability Office, whether they have done money to Uncle Sam. Americans col- it right or even professionals have done lectively spend more than 6 billion Ms. STABENOW. Mr. President, we it correctly. hours preparing their tax returns. are about to enter into an incredibly Until this Senate comes together on Imagine what more could be done if important debate about a series of a bipartisan basis to work for a sim- Americans could focus less time and re- issues relating to violence—specifi- pler, more coherent tax system—one sources on tax compliance. cally, gun violence—in our commu- According to the National Federation which promotes growth and eases the nities all across America. of Independent Businesses, 90 percent burden on American families and Today I rise to speak about a very of small businesses have given up at- American businesses—there will be no important bipartisan amendment I will tempting to comply with the Tax Code. relief from the Ides of April. This, in be offering with Senator ROY BLUNT Instead, they pay a professional tax my view, is a tragedy worthy of Shake- and others called the Excellence in preparation service. speare. Mental Health Act. This addresses a Through tax reform to make the Tax very important piece of the discussion. I yield the floor. Code simpler and fairer, these small The PRESIDING OFFICER. The Sen- It is an opportunity for us to come to- businesses could redirect scant re- gether amidst a lot of controversial de- ator from Nebraska. sources currently used for tax compli- Mrs. FISCHER. Mr. President, I ask bate and agree on something that is a ance to focus more on growth and cre- very important piece of the puzzle— for such time as I may consume. ating jobs. having access to comprehensive, qual- The PRESIDING OFFICER. Without I am encouraged, however, by the re- ity mental health services. objection, it is so ordered. cent efforts toward much needed com- This weekend we heard from f prehensive tax reform to simplify our Francine Wheeler, whose 6-year-old son Tax Code. Just last week the chairman TAX DAY Ben was murdered on December 14 in of the Finance Committee, Senator Mrs. FISCHER. I rise today on Tax Newtown, CT. We know that Ben was MAX BAUCUS, wrote an opinion piece in Day, the deadline for Americans to file the Wall Street Journal with House one of 26 people—20 children—who lost Federal tax returns on their hard- Ways and Means Committee chairman their lives. I can only begin to imagine earned income for the 2012 tax year. what all of us as parents would feel in DAVE CAMP highlighting their progress Benjamin Franklin famously said the to date in pressing toward bipartisan that situation. For those 26 victims only sure things in life are death and tax reform. and the 3,300 other Americans killed taxes. Today we Americans live up to President Obama has called for rev- since then in acts of gun violence, it is that second hard truth, the day when enue-neutral corporate tax reform in time to take action. I am hopeful, the taxman comes. his fiscal year 2014 budget. Unfortu- given the strong bipartisan vote we had For those of us in Congress, Tax Day nately, the President’s proposal is con- to move forward on this debate, that serves as an important reminder of just tingent on a $1.1 trillion tax increase we can actually have the debate, that who is funding all of the government’s above and beyond the $1.7 trillion in people will have their say and then spending: it is the American taxpayer. tax increases the President has already vote on this very important issue. Even as families across America have sought and won. The bill before us is a commonsense made tough decisions and tightened Such a tax hike sends the unmistak- effort toward comprehensive back- their household budgets, the Federal able message to every American tax- ground checks that will help save lives. Government has gone on a spending payer that the government knows how I am very supportive of not only that spree. The government has posted four to spend their money better than they provision but others that will be of- straight trillion-dollar deficits and is do. I believe American families know fered as well. growing the national debt, which is ap- how best to spend their money, par- One important piece that hasn’t been proaching $17 trillion. ticularly during ongoing times of eco- in the headlines as much but is very In recent years the average annual nomic hardship when everyone is called important in getting it right is the deficit has skyrocketed to 8.7 percent upon to make tough decisions and to need for better access to comprehen- of our gross domestic product. These make those tough decisions about their sive mental health services. That is deficits should be all the evidence we budgets and about spending. why we need the bipartisan Excellence need in order we get our fiscal house in Revenue-neutral, progrowth tax re- in Mental Health Act passed as an order. form should not only be geared toward amendment that will increase access to I believe, and Nebraskans believe, to the corporate side of our Tax Code, we care and improve the quality of life for generate economic growth we must should pursue revenue-neutral tax re- those who need it. first address our Nation’s addiction to forms on the individual side as well We know that a person who does not spending. We need to fix our broken tax which would benefit American families receive treatment after his or her first system, and what better time than Tax as well as small businesses that pay psychotic episode is 15 times more like- Day to highlight this need? those taxes at the individual level. ly to commit a violent act. But let me

VerDate Mar 15 2010 23:36 Apr 15, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.005 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2634 CONGRESSIONAL RECORD — SENATE April 15, 2013 be clear. We also know that the vast not have appropriate treatments. When They and their families, all those in majority of those who are living with I was growing up, in middle school and that situation, need to know there is mental illnesses are more likely to be high school, my father had bipolar dis- help available for them. That is why we a victim of crime than to be a perpe- ease. At that time we didn’t know what have very strong support from vet- trator of crime. But tragedies do hap- it was. He was misdiagnosed for 10 erans, the Iraq and Afghanistan vet- pen when treatment and help are not years. At that time everybody was erans organizations, which were very available. schizophrenic. There was no under- pleased to have stood with us last week In too many instances today we are standing that we actually have chem- when we did a press conference with seeing that there is not effective help ical imbalances in the brain, just as veterans to focus on this important available to people in communities. someone who isn’t monitoring their part of the puzzle. The current lack of access to mental sugar because they are diabetic might We know that one in four veterans health services means too often it is have. They need to monitor that in coming home needs some kind of men- the local police who are responding to order to take medicine to keep them on tal health support, so we want to make psychiatric emergencies, and they may an equilibrium so they do not get sick sure that if they are in a rural commu- not have services to which to take and have problems. We have the same nity in northern Michigan and it is 3 or someone. These police officers are thing with something called mood dis- 4 hours to drive to the VA, they instead being diverted from what they should orders in our country, and we have could receive some help in their own be doing—responding to other crimes— learned much about it. If someone is community—working with the VA but and so they take people to jail rather taking the right medicine, it stops the receiving help in their own commu- than have them get the services they imbalance where they are either manic nity—and that is what this does. We need. They are spending resources in- or severely depressed. want to make sure that our veterans carcerating people who would other- There are solutions. When my dad are fully receiving the services prom- wise need to be and should be in a was finally diagnosed correctly and re- ised them and that comprehensive treatment situation. ceived the help he needed and the med- health care will be available to them That is why we have law enforcement icine—at the time it was lithium—he when they come home. supporting this amendment. We have went on to lead a very productive life I would like to share just one story over 50 organizations—from law en- for the rest of his days. So I have seen from our press conference. Jennifer Crane joined us. She is a forcement and community mental both what happens when people don’t veteran of the war in Afghanistan. This health and health groups, as well as get treatment and when people do, and October will mark 10 years since she those who represent our brave veterans we literally have the opportunity to returned home, but she says, ‘‘The ex- home from the war—supporting us be- take this next step in order to make periences live inside of me like it was cause they know that if we don’t have sure people all across our country get quality service in the community, we yesterday.’’ She suffers from post-trau- the help they need. matic stress disorder. She couldn’t will continue to see people in jail who Unfortunately, today one-third of all sleep. She self-medicated and ended up shouldn’t be in jail, we will continue to bipolar disorders do not get any treat- homeless and in trouble with law en- see families and individuals not getting ment even when we know there are ab- forcement. But when she got the help the help they need, and in some cir- solute answers for individuals and fam- she needed at a community mental cumstances we will see more tragedies ilies. Shame on us for not making sure health center, it transformed her life. occur as well. those are readily available. The amend- Over the course of this week, we are She met the man who would become ment I will be offering would make going to hear a lot of debate about dif- her husband. She is now going to have sure those are available and close what ferent aspects of gun safety. Colleagues a baby and now works with Give an I believe is the final step in what we are going to disagree about the manner Hour, which is a wonderful organiza- of background checks or limits on as- have called mental health parity. tion that helps veterans get the mental We, as a group, on a bipartisan basis sault weapons. But I hope there will be health services they need, and they are passed legislation authored by our dear no disagreement that people with seri- strongly supporting what we are doing departed Paul Wellstone and Senator ous mental illnesses should be given ef- as well. Pete Domenici, with strong advocacy fective treatment and that we can do a Jennifer could have ended up a sta- from Senator Ted Kennedy, to provide better job in our country to make sure tistic, but she got the help she needed. parity under health insurance between treatment is readily available in a We need to give every one of our heroes physical and mental health services. community setting. That should be the coming home from war the same oppor- hopeful part of this whole debate. We passed that. We have now gone on tunity. That is why the Excellence in Science has shown us significant ad- to strengthen that with the new health Mental Health Act is so important as a vances in the study of the brain and reforms that are in place. The only part of all of this effort. the most effective mental health treat- place where we don’t have mental We have come a long way, in a bipar- ments. There are solutions if people get health parity right now is in the com- tisan way, to recognize the need for the help they need. They can live munity outside of the insurance sys- mental health treatment. As I men- healthy, productive lives rather than tem. We do not have the same parity tioned before, the wonderful partner- struggling with their illness. And I ap- between what we do through a commu- ship of Senators Domenici, Wellstone, plaud President Obama’s historic brain nity health clinic receiving reimburse- and Kennedy paved the way for us to mapping initiative to expand that ment for preventive care for health more fully understand that when we knowledge even more. services and what we do for behavioral talk about comprehensive health serv- It is amazing to me that we have so health—mental health, substance ices, we shouldn’t stop at the neck— many studies relating to heart disease, abuse—which is what we are going to from the neck down, one set of rules; kidney disease, or diabetes, and yet all fix with this amendment. We want to from the neck up, another set of of the issues relating to the brain— make sure we are focusing comprehen- rules—that, in fact, we are talking whether it is bipolar disorder or Alz- sively in the community. about comprehensive care. We need to heimer’s or Parkinson’s disease or As part of this, I also wish to talk make sure we lose that stigma and schizophrenia—we have not tackled about another tragedy facing our coun- focus instead on what we can do to help with the same vigor. There are solu- try; that is, the loss of so many of our people receive the services they need. tions. We are finding those every day. heroes from Iraq and Afghanistan. This This amendment takes those efforts There is hope. Today, thanks to cut- is a very important part of this story across the finish line by expanding ac- ting-edge research, we have answers for and part of what our amendment will cess to community mental health serv- people living with severe mental ill- address in a very positive way. Men ices. nesses. We have proven therapies, and women who survive the horrors of I knew there would be a lot of con- treatment options, and medicines that war are ending up taking their own troversial debate, but I hope in the end truly transform lives. lives when they come home. Twenty- we will be able to come together, as we I speak as someone who lived, as a two veterans a day commit suicide, 22 have on this amendment. I am very ap- daughter, through a time when we did a day today, yesterday, and tomorrow. preciative of the bipartisan support. I

VerDate Mar 15 2010 23:36 Apr 15, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.009 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 15, 2013 CONGRESSIONAL RECORD — SENATE S2635 want to thank Senator ROY BLUNT loved ones of families who lost their of this tour changed my perspective on again on our Excellence in Mental lives, cradled children in their care as school safety, and certainly reinvigo- Health Act, as well as Senator MARCO they were met by a hail of gunfire— rated my appreciation for what hap- RUBIO, Senator SUSAN COLLINS, Senator that teaching moment should not only pens in the classrooms and schools of LISA MURKOWSKI, and others who have inspire us but obligate us to do more our country with the leadership of our expressed their support as well. This is about school safety. teachers and administrators. We owe an opportunity for us to come to- That is why I have gone to the them a great debt of gratitude. gether, as we have in the past, and do schools of Connecticut, most recently The issue of safe and secure schools the right thing for millions of families on a tour that I conducted to ten certainly raised its head last week in dealing with mental illnesses that are schools around the State, to learn from the town of Greenwich, CT, when re- treatable. The good news is there is our educators what they think those ports of a gunman put Greenwich High hope now. There are actually answers lessons are from Sandy Hook and School in a lockdown. Thankfully, the now to so many mental illnesses. By where they think the priorities should suspect was apprehended, unarmed, passing our bipartisan Excellence in be in terms of school safety. That expe- with no casualties. The fact that a Mental Health Act we can prevent rience provided me with some pillars of lockdown was even necessary under- tragedies from happening in families a program that I believe is important scores that we have made great strides; all over our country. and is embodied in the act that is be- but our young people will not be safe in Mr. President, I yield the floor. fore us: the School and Campus Safety schools unless we know all of the best The PRESIDING OFFICER. The Sen- Enhancement Act. I want to thank practices and implement them. This ator from Connecticut. Senator BOXER for her leadership on it threat proved empty, but it offered a Mr. BLUMENTHAL. Mr. President, which reauthorizes in effect the Secure learning experience in terms of the first, I commend and thank my col- Our Schools Program, which has been training, the locking and unlocking league from Michigan, Senator STABE- very productive and unfortunately was procedures for school doors, the types NOW, for her leadership on an issue that not reauthorized when it expired. of issues that can be addressed through is among the paramount questions for These measures and the pillars of better and more regular coordination our time: whether we will meet our ob- this program can be summarized very with local police and others who can ligation to regard mental illness on a simply: provide that kind of guidance. par with physical illness, a cause that First, decisions should be made lo- Over the past 3 weeks, the schools I has occupied me for a long time. So I cally about what best fits the commu- visited were large and small, in widely want to thank the Senator from Michi- nity. Those decisions ought to be made varying parts of our State: Manchester gan for spearheading this initiative, by school districts and their boards, High School, Kelly Middle School in which is a vital part of the effort to parents, teachers, administrators—all Norwich, Middletown’s Snow Elemen- stop gun violence in our country and, who are involved and have the knowl- tary School, New Britain High School, in fact, make our country healthy in so edge and expertise and commitment lo- West Bristol K–8 School, the Gilbert many ways. I am proud to join her as a cally, and Washington should not im- School in Winsted’s High School, cosponsor and a supporter of these ef- pose its judgment on those commu- Northwestern Region 7 High School, forts. nities with a one-size-fits-all set of Waterbury’s West Side Middle School, I come to the floor today to continue policies. Ross Woodward Magnet School, and the debate on the gun violence initia- Second, school safety ideally should Shelton Intermediate School. In every tives which are central to making involve a partnership between edu- one of them, I saw different ways of America safer and making our country cators and law enforcement. In many dealing with school safety, and also as- stronger. This bill is a comprehensive of the schools I visited, I saw the value piration for even better procedures and set of provisions that will hopefully be of school resource officers. More impor- equipment—locks, lighting, alarms, further strengthened by an amendment tantly, educators pointed out to me the cameras—but also training for teach- to be offered this week. We are on the value of their partnership with local ers, and more school resource officers. cusp of voting on that amendment, the law enforcement through school re- I believe one of the most important pil- work done by Senators TOOMEY and source officers who acted not only as lars of this program has to be Federal MANCHIN, our colleagues, to reach a security personnel but also as mentors, resources that meet those local needs reasonable compromise. It is indeed a counselors, and role models, preventing without imposing a one-size-fits-all sensible, commonsense compromise crime, not just stopping it in progress policy. These schools are in widely dif- that I am proud to support that will or apprehending criminals afterwards. ferent areas in terms of geography and guarantee a criminal background Third, schools must be open, sup- demographics, the size of the commu- check system to keep firearms and portive, nurturing environments. They nities they serve, the size of the weapons of war out of the hands of peo- cannot be prisons. They cannot be schools, the qualifications of their staff ple who are dangerous, people who transformed into permanent lockdown. and their training. That is why this should not have guns, criminals, men- We must commit ourselves to the free- program has to be individualized in tally ill, seriously mentally problem- doms and liberties that are embodied terms of how it meets these needs and, stricken, and of course others, such as in our schools and the educative at- again, empower and enable local deci- domestic abusers. mosphere that is so priceless and essen- sionmaking. For too long, criminal individuals tial to real education. We cannot solve The Secure Our Schools grant pro- and organizations have prospered from this problem by simply having more gram has impacted Connecticut very illegally distributing weapons and fire- guns in schools, or arming teachers or positively. The program has a direct arms. So the bill in its second title administrators. Trained school re- and tangible impact on schools in takes a great step toward barring ille- source officers or others provided with Stamford, for example, where the prob- gal trafficking and to also ban straw law enforcement support have to be lem of gang violence was addressed, purchases. part of a nurturing and open environ- and in other schools around the State Too often given short shrift or little ment. such as Hartford, where the grant was attention is the third title which The act that is before us today em- used for the purchase of an outdoor speaks to school safety, and that is the bodied in title III is important to move intercom station, as well as locks and measure that brings me here today. forward school safety, and to em- card readers to control access to School safety is not an afterthought. bolden, encourage, enable, and em- school. It is central to stopping gun violence. power local decisionmaking. The Secure Our Schools Program was The tragic lessons we have learned Today, I want to provide a very short a success story, and this act now will from Sandy Hook include not only the report to my colleagues on what I have not only reauthorize but strengthen courage of the educators, those brave learned in my tour; and I encourage my the Secure Our Schools Program. teachers and administrators and school colleagues to do the same around their To give some examples: In Man- psychologists, who literally threw States because it is genuinely a learn- chester, the swipe card entry program themselves at bullets and cradled the ing experience. The teaching moment not only provides for better security

VerDate Mar 15 2010 23:36 Apr 15, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.011 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2636 CONGRESSIONAL RECORD — SENATE April 15, 2013 but better attendance tracking. The forcement, a belt-and-suspenders ap- our children safer, and we make Amer- Illing Middle School in Manchester is proach that many schools are imple- ica safer. I am hopeful—more opti- considering that system, but the in- menting. mistic than ever in light of the vote we stallation costs run about $50,000—a At Sandy Hook we know that Adam took last week—that we are making small price to pay for greater security Lanza ended his massacre and took his progress and that we will have positive that the card system provides. In gen- own life when law enforcement arrived. votes in the days ahead, votes that eral, I found security was not only cost So the presence of law enforcement can fully fulfill our obligation to stop the effective, it was minimal in its cost often have a powerful deterrent effect. plague of gun violence. compared to many other programs we The knowledge that apprehension will Again, I thank my colleagues for are potentially taking to improve be swift, that killing will be stopped, is their courageous votes last week and school safety. a huge deterrent. urge them to move forward this week When I went to see Kelly Middle At West Bristol K–8 School, Tim Cal- in the same way. School in Norwich, I had to buzz in on lahan, who is the school project man- I yield the floor, and I suggest the ab- an intercom and announce myself. ager there, pointed out to me how a sence of a quorum. That was true of many other schools as parent dropoff was configured with vis- The PRESIDING OFFICER. The well. A Senate pin may allow us access ual straight lines. Again, design and clerk will call the roll. to the floor of the Senate without pass- architecture is important to security The assistant legislative clerk pro- ing through security, but it doesn’t get so that out in the parking areas there ceeded to call the roll. you into Kelly Middle School, nor are virtually no blind spots. They have The PRESIDING OFFICER. The Sen- should it. They have a simple, practical integrated security features into this ator from West Virginia. system. If you are visiting during building while it was constructed. West Mr. MANCHIN. Mr. President, I ask school hours, you buzz in and announce Bristol also requires visitors to buzz in unanimous consent that the order for yourself, and then they decide whether through the main office when they go the quorum call be rescinded. that individual can enter through an- through the main building. With grant The PRESIDING OFFICER. Without other set of locked doors. The double funds made available under this legis- objection, it is so ordered. locks are a system that some schools lation, this school could install locks Mr. MANCHIN. Mr. President, last are considering implementing. It is a on a second set of doors, slowing down week Senator TOOMEY, my dear friend sensible policy that is enabled by an potential intruders. We know in these from Pennsylvania, and I introduced intercom system and a camera—again, dangerous emergency situations that this important piece of bipartisan leg- minimal in cost compared to many time is critical. Slowing down a killer, islation with our colleagues Senator other infrastructure programs we may stopping an invader at a second locked KIRK and Senator SCHUMER. It is called be considering this year. door, can gain time for law enforce- the Public Safety and Second Amend- In Middletown, I visited Snow Ele- ment to respond and save lives. ment Rights Protection Act because mentary School. Principal James Adam Lanza killed 26 people, 20 beau- that is what it does. Gaudreau demonstrated how their tiful children and 6 great educators, in This bill protects the safety of the doors are locked. When a person is 5 minutes with 154 bullets. If he had public and our constitutional right to buzzed in, video cameras record and ar- been stopped earlier, if a second set of bear arms. Since we introduced the chive who is entering. Some schools doors had alerted police, if a buzzer had bill, there has been a lot of misin- have archiving systems, others do not. been available of the most immediate formation about this legislation. I wish Law enforcement knows that archiving kind available elsewhere, the con- to set the record straight with hard is important. As Chief William McKen- sequences might have been different. facts about our proposal and what it na and Mayor Dan Drew told me, these There were alerts to the police. They will do and what it will not do. systems are planning that was under- responded virtually immediately. Their I think people need to understand taken even before Sandy Hook. School response was heroic and profoundly sig- how guns first get into their life, which systems, boards, administrators, and nificant to saving even more lives. But is through a commercial sale of some teachers were aware of security before we know that time is of the essence in sort. We are not talking about creating Sandy Hook, but their awareness has these situations and that is why double any new laws; we are making the laws been enhanced and they are planning locks, buzzer systems, identification, we have uniform. to devote additional resources to this additional checks—all can be impor- First of all, today we have on the issue. Both Mayor Drew and Chief tant. books FFL—Federal firearms li- McKenna extolled the virtues of the The chief operating officer in New censed—dealers, and there are approxi- three school resource officers, and they Haven Public Schools, Will Clark, told mately 55,000 throughout the United are looking for additional resources to me about that kind of buzzer system States of America. We all have one create afterschool programs and other there and in Winsted. School officials, close to us in our neighborhood. These measures to enhance that partnership including the regional school district are friends of mine and people I know. and cooperation between police and school superintendent, Judith Palmer, If a person goes to a licensed dealer students, and teachers, educators, and and the high school principal, Candy today and purchases a gun, they are re- law enforcement can collaborate. Perez, are working hard to improve its quired to do a criminal background Visiting New Britain was very impor- security system. But infrastructure check. The background check is basi- tant on this tour. there, as they told me, is a continuing cally to see if that person is able to When I went to New Britain High challenge. Winsted Board of Education have a gun. That licensed dealer puts School with Mayor Tim O’Brien and member, Mimi Valyo, told me, ‘‘We do that record of the background check school superintendent Kelt Cooper, I not even have wifi.’’ they did, and only he or she, as a li- saw there the requirement that any In 2013 we are in a wireless age, and censed dealer, can keep it. visitor is automatically run through a the next generation of security sys- It is against the law to form some database check—the sex offender data- tems may rely on Wi-Fi or type of registry. The paranoia of those base check. Using the driver’s license smartphones. We need to make sure who say someone will know where my they were able to run that kind of schools like Winsted have the resources guns are and people can take them check virtually instantaneously. They they need to address the security needs away cannot happen. In our bill, we also have, in that single high school, of the 21st century with the technology double down to make sure it doesn’t 150 cameras to know what is going on of the 21st century. School security is happen by making it a felony with a 15- in that school minute to minute and too important to be allowed to lag. year imprisonment, so that myth is with direct links to the police head- I thank all of the educators who edu- gone. quarters so that any kind of emergency cated me, who shared with me their The second way to buy a gun is at a is immediately apparent to law en- stories of progress, their goals for the gun show. If a person goes to a gun forcement. The school is going to in- future, their hopes that we can im- show and that same FFL dealer—if stall discrete panic buttons, allowing prove our schools and make them safer. that person went to their store, he or for rapid alerts to be sent to law en- If we make our schools safe, we make she would go through a background

VerDate Mar 15 2010 23:36 Apr 15, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.012 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 15, 2013 CONGRESSIONAL RECORD — SENATE S2637 check. If a person goes to a gun show If we are looking for ways to keep I have heard a lot of my colleagues and buys from a dealer there, he or she our citizens safe from mass violence, on different talk shows saying they would still have to go through a back- then shouldn’t we look at the culture didn’t like this or we should be doing ground check under current law. If of mass violence? I have gone around to that. My good friend Senator PAT that person goes to the next table, he the schools in West Virginia and talked TOOMEY and I are going to go through or she can buy whatever they want and to some of the students. this bill and explain what it does and nobody is checking, and that is what We can talk to our young pages, the what it doesn’t do and how we can we are going to stop. brightest and best of what we have. move the ball forward by keeping soci- Let’s say I want to buy a gun They have probably become desen- ety safe, treating law-abiding gun own- through the Internet from Senator sitized compared to what the Presiding ers with the respect they should have TOOMEY in Pennsylvania and I am in Officer and I would have seen in our and make sure criminals or the men- West Virginia. I see he has a gun for generation. If we saw what they do in a tally insane who have been found to be sale, and I want to buy that gun. As movie—and we didn’t have the Internet so by court cannot buy a gun. the law is stated today, as far as buy- back then, so we didn’t have anything So if someone is a law-abiding gun ing interstate—from West Virginia to to compare to it. owner, they are going to like this bill. Pennsylvania—Mr. TOOMEY would have If we are going to talk about banning If someone is a believer in the second to send that firearm to a licensed deal- somebody’s weapon, such as a hand-me- amendment right of Americans to bear er in West Virginia, and I would have down gun, if you will, don’t you think arms, they are going to like this bill. If to have a background check done be- we ought to have people with expertise someone is a defender of the rights of fore I can take possession of that gun. who can tell what the gun does to our military veterans, they are defi- We are not creating new law. All we make sure it isn’t just something that nitely going to like this bill. If some- are saying is if a person goes to a gun might look fancy but doesn’t perform one is looking for ways to keep our show, there will be a background check any better than a deer rifle? The Com- citizens safe from mass violence, espe- for all guns that are sold at the gun mission on Mass Violence is part of cially our precious children, they are show. If a person buys through the this bill. Basically, we are going to going to like this bill. For those crimi- Internet, there will be a background have people who have gun expertise, nals or persons who have been declared people who have mental illness exper- check whether it is instate or out of mentally insane by the courts, they are tise. State. This is not a universal back- not going to like this bill, and that is ground check. This is basically a crimi- I have gone to the schools and talked to teachers in kindergarten, first exactly what we have tried to do. nal and mental background check and I want to go through much of this, grade, and second grade. They are say- that criminal and mental background but I want to give my friend Senator ing: Wait a minute. We have no help. check has to show that person has been We have identified kids who are chal- PAT TOOMEY an opportunity. I appre- found guilty by a court that he or she lenged mentally or come from a home ciate his input so much. We are sister is a criminal or criminally insane and that is unstable and not getting proper States, West Virginia and Pennsyl- not allowed to buy a gun and that is support, and we have nothing to do to vania—especially western Pennsyl- all. vania. My family and I grew up in So what everybody is hearing with help them. As a society, I believe we have a responsibility, so we are going Farmington and Fairmont and north- all this talk is just falsehood. If a per- to have that Commission with guns ern West Virginia, which is an hour son is a law-abiding, proud gun owner, and mental illness expertise. and a half below Pennsylvania. We such as myself, and likes shooting and How about school safety expertise? have the same slangs and sayings. We going out in the woods with friends and We had the horrific situation in New- say ‘‘you’ns’’ instead of you all or you. family, we do not infringe in any way, town. That gentleman got in that Pat and I understand each other. shape or form on individual transfer. school, not because he had a key or be- I would like Senator TOOMEY to ex- For those transactions which are not cause the door was unlocked, he got in plain the part that is so near and dear commercial transactions—for example, that school because he was able to to him as well as to me. in West Virginia usually your grand- shoot the glass out of the front door The PRESIDING OFFICER. The Sen- father or uncle or somebody gets you and stick his arm in, hit the safety bar ator from Pennsylvania. your first gun. There are some people and let himself in. f who never bought a gun but have a col- I have been a Governor for 6 years in lection of guns that was handed down TRAGEDY AT THE BOSTON the State of West Virginia. We built a MARATHON to them by their family. Those people lot of schools, and we remodeled a lot will still be able to have that type of of schools. Not once did an architect Mr. TOOMEY. Mr. President, I wish transaction. That is not interfered come to me and say: Governor, if we to begin by actually taking a moment with. A person can sell a gun to their are going to build these schools, we to inform the Members of this body and neighbor without any interference. A need all these safety devices so a per- people who may be listening, if you person can put a note on the bulletin son cannot get into the school. were not aware, it appears that a trag- board in their church and say: I have a They told me about the lockdown for edy has struck at the Boston Marathon gun I would like to sell and sell it to a each room so a person would need to and bombs have gone off and there are church member. have a safety code to get into a room. injuries that we know of, casualties, So if anyone says we are infringing Not one time was I told we should have the severity of which we do not yet on somebody’s right, we are not. As we bulletproof glass on every first floor know. We hope and pray there are no worked on the bill, we basically looked window. Not one time was that ever fatalities. Apparently, according to the at the gun culture in America, who we brought up to me. We need people who news reports I have seen, it is too soon are, how we become who we are, and have school safety expertise. to know that with certainty. that is what we took into consider- There is video violence. Talk to the I know my good friend from West ation. children and youth of today. If you Virginia joins me in having our I, for one, as a gun owner and a per- have not gotten on the Internet lately thoughts and prayers go out to the vic- son who enjoys hunting and shooting and flipped to video violence, you tims and their families of the very dis- and all the things and camaraderie should do it. It will amaze you. What turbing news we have just learned this which that brings, I feel sometimes I you see will absolutely scare you. They afternoon. am looked upon in an objectionable are exposed to horrific things, which I f way because I enjoy that. I am a law- can never imagine from my childhood. abiding citizen and my second amend- Don’t you think we should have the GUN SAFETY ment right gives me that right. I want people who are the first defenders of Mr. TOOMEY. I cannot tell you how to make sure that right is protected. I the first amendment come and talk to much I appreciate the Senator from also have a responsibility to do the us about how we can change the cul- West Virginia. The work we have done right thing, and that is why we are ture of violence in our society? That is together has been challenging and con- here. what we are talking about. structive. I think we have come to a

VerDate Mar 15 2010 23:36 Apr 15, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.014 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2638 CONGRESSIONAL RECORD — SENATE April 15, 2013 very sensible legislative product— amendment for many years probably That is the Heller opinion affirming something I can be proud of. I want to arose from the first phrase about the the individual right of the second thank Senator KIRK for the work he did ‘‘well regulated Militia.’’ The debate amendment—He says: on this from way back, and Senator centered around whether this right, Nothing in our opinion should be taken to SCHUMER’s contribution to this process this second amendment right—that, cast doubt on long-standing prohibitions on as well. obviously, is enshrined in the Constitu- the possession of firearms by felons and the I wish to start, if I could, with some tion—was a collective right that de- mentally ill . . . or laws imposing conditions thoughts about the second amendment and qualifications on the commercial sale of pended on one’s membership in a mili- arms. and what it means to me and why I tia or if it were an individual right be- It seems to me that is a very explicit think a proper understanding is so im- longing to individual people. explanation that it is not an infringe- portant in this discussion. It was always clear to me this is an Sometimes it is useful to go to the ment on second amendment rights to individual right. It is clear to me for a attempt to keep firearms out of the source, and so, as a reminder—not that variety of reasons, not the least of we are not familiar with it—I am going hands of criminals and mentally ill which is the Founders never recognized people. to read from my pocket version of the the idea of collective rights. For them, So if the Founders were in agreement Constitution the second amendment to it was all about individual rights. But, on this, and the Supreme Court is in the Constitution, which simply says: fortunately, our judicial system put an agreement, and we have laws in all 50 A well regulated Militia, being necessary end to that question when a conserv- States that make it illegal for certain to the security of a free State, the right of ative majority of U.S. Supreme Court criminals and mentally ill people to the people to keep and bear Arms, shall not Justices reached the Heller decision. In be infringed. have firearms, the question is: Are we District of Columbia v. Heller they willing to take modest measures to try Today, we often think that the sec- made it very clear this is not a collec- to achieve this goal that I think we all ond amendment is about sportsmen, it tive right, this is not contingent upon share and that is clearly consistent is about hunting. That is an important membership in a militia. The second with our Constitution? part of it. But the second amendment amendment is an individual right that That is what Senator MANCHIN and is actually much more profound than a applies to individual Americans. And I Senator KIRK and I are trying to do protection for hunters. It is more fun- wholeheartedly agree. here today. What we are trying to do is damental to our country and who we Not too long after that, in the make it a little bit more difficult for are as a people. McDonald et al. v. City of Chicago de- the people who are not supposed to In my view, the Framers, in writing cision, the Court went even further in have firearms in the first place to ob- the second amendment, were recog- a way in upholding the Heller decision tain them. I think Senator MANCHIN nizing our natural rights, our natural and referencing that. It affirmed that will agree with me there is no panacea law rights of self-defense and self-pres- decision, but it went farther and said here, there is no law anyone could ervation. In fact, those rights precede this second amendment right is so im- write—certainly not this one—that is the Constitution. They were acknowl- portant and so fundamental and so ever going to guarantee that a deter- edging and recognizing those rights in basic that it is binding on States and mined criminal will not be able to ob- the Constitution. They did not create local governments as well. So not only tain a weapon one way or another or them. can the Federal Government not in- that maybe even a mentally ill person I would also suggest that the second fringe upon second amendment rights, may not be able to obtain a weapon amendment is about sovereignty. Who but neither can a State or a local gov- eventually if they are sufficiently de- is sovereign in this country? Is it the ernment. So that is a pretty impressive termined. But can’t we take a very government? Is it the head of state or conclusion that our Court has come to modest step to make it more difficult, is it the people? I think, as we know, in resolving a big part of this conten- if we can do it in a way that does not this whole great experiment of ours tious debate. infringe on the second amendment that is America is an exercise in recog- rights of law-abiding citizens whose nizing the sovereignty of the individual I would pose a question the Court has also addressed, and that is, is this a rights we want to defend? people. And a sovereign people, it flows So I think of our bill as doing three right that is enjoyed by all of the peo- logically, ought to have the right to broad things. And Senator MANCHIN ple of America? In my opinion—and I bear arms, to protect themselves. and I will walk through some of the think this is not controversial—the an- Ultimately, our Founders intended specifics of how we achieve this. But I swer to that question is no. Young chil- the second amendment to be the means would suggest one way to think about dren are not expected to be afforded by which we would maintain our lib- it is three categories. erty and prevent tyranny. We often the same second amendment rights as One is, we simply encourage greater take things for granted in a democratic adults. Criminals who have been con- compliance with the background check society in which we get to select our victed of crimes have foregone many of system we have in place now. We are own government and our constitu- their rights, including second amend- not inventing a new one. We are not in- tionally protected rights are respected. ment rights, by virtue of their convic- venting new criteria for it. But the fact But we all know that around the world tion of serious crimes. And dangerously is, the participation in the background and in the recent past there have been mentally ill people are people whom we check system by the various States— appalling cases where tyranny has de- as a society have every right to protect you see, we rely on the States to pro- stroyed the rights of relatively free ourselves from, and so they do not have vide information about the people who peoples who in many ways have come the same second amendment rights ev- have been adjudicated as mentally dan- from societies not terribly dissimilar eryone else has. gerous, the people who have been adju- to ours. Now, I would argue, to our Founders dicated as criminals. They have been So these are some of the thoughts this was a given. After all, this was a convicted. The Federal government that occur to me when I think about time when capital punishment was does not have that information. We the second amendment, why it is so im- quite common and they fully accepted rely on the States to provide it. What portant to me. I see it as a very impor- capital punishment. How perverse and we do in this bill is create greater in- tant part of our very identity as a Na- absurd would the idea be that someone centives for the States to, in fact, par- tion and as a people. It is why it is very who was subject to capital punishment ticipate because the participation var- important to me personally. would somehow be able to enjoy second ies dramatically. In addition to being a gun owner and amendment rights? Of course not. It is A second thing we do is expand back- someone who has always respected obvious criminals forego that right. ground checks to gun sales at gun these rights, it has a very important The Heller decision, the recent Su- shows and over the Internet. Again, philosophical underpinning for me. preme Court decision I referred to, ad- this is not a new system. We are just For years, of course, we had many dresses this as well. Justice Scalia ob- applying this background check to a contentious debates. One of the conten- served: category that has not been subject to tious debates we had about the second Nothing in our opinion— it, but it is the existing system.

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.016 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 15, 2013 CONGRESSIONAL RECORD — SENATE S2639 Then the third thing is—and we will greater compliance on the part of the working on right now would not have talk about this at a little length, I various States. saved our beautiful little children. But hope—we have a number of measures in Senator MANCHIN may want to elabo- what we are asking the Senate to do is this bill that, frankly, I think are over- rate a little bit on how we achieve maybe save another family, just maybe due and they enhance the opportunity that, and then I would continue in this prevent another family from going for law-abiding citizens to simply exer- discussion with him. through what we went through. cise the second amendment rights they The PRESIDING OFFICER (Mr. We need to think about that. I wish I ought to be able to exercise. KING). The Senator from West Virginia. could be that strong. I said that if 100 I think Senator MANCHIN put this Mr. MANCHIN. Mr. President, I come of us in this body had 1 ounce of the very well. If you are a law-abiding cit- from a State where, like most of the courage those family members have, izen who enjoys exercising second rural States in America, there are an oh, my goodness, what a body we would amendment rights, you are going to awful lot of people who live a solid life. have. If we weren’t worried about all of like this bill. It is going to enhance There is a thing back home that we the outside pressure and maybe getting your ability to exercise those rights call a person having either common elected, maybe getting the campaign that you have. If you are a criminal, sense or nonsense, and now we think funds it would take for us to go out and and you want to get a weapon illegally, people ought to have a little gun sense. get elected, if we worried about basi- you probably are not going to like this It just makes sense when we think cally keeping a gun out of the hands of bill because it is going to make it a lit- about what we are doing—not infring- a criminal in a commercial trans- tle harder for you to do that. It will ing on anybody’s rights but protecting action—a criminal who has gone also make it harder for someone who is those rights—by prohibiting those who through a court system and has been mentally ill. shouldn’t be able to have a firearm found guilty—or out of the hands of a I am going to yield back for my through a commercial transaction mentally insane person who has gone friend, the Senator from West Virginia. from getting one. through a court and found to be unfit, But before I do that, I want to make My good friend Senator TOOMEY was just maybe we could save one life. one simple point about how tangible just talking about second amendment Someone says: Well, why would the and how real and how important this rights, which all of us hold near and Senate take this on? I don’t know why can be. I am referring to enhancing dear if a person comes from a gun cul- else we were sent here other than to compliance with the NICS background ture State such as ours. With that try to make a difference. The easiest check system. being said—I just talked about com- vote I can make while I am a Senator We all remember the Virginia Tech mon sense and gun sense—one of the is no. I can vote no on about every- shootings. One of the aspects of this largest progun organizations in the thing and be fine. I can go home and tragedy is that the shooter’s ability to country, the Citizens Committee for people won’t say: Why did you do that? obtain a weapon might have been pre- the Right to Keep and Bear Arms, I am glad you voted that way because vented. I say that because the young which is strictly for the right to pro- I don’t like that either. man, Seung-Hui Cho, had already been tect the second amendment, has come Do my colleagues follow me? ‘‘No’’ is adjudicated to be mentally ill, dan- out in total support of this legisla- the safest vote as a Congressperson or gerously so, by a Virginia judge. They tion—total support. Do my colleagues a Senator. I understand that. had discovered this. They had figured know why? Because they read the bill. It is wonderful, I guess, to have the this out. They knew this was a very un- That is all we are asking. They read title of ‘‘Senator.’’ It is a great honor stable and very dangerous man. But the bill. to be in this unbelievable body with the State of Virginia never passed that A lot of our colleagues have been told these truly magnificent people. I want information on. So there was no infor- certain things. We have a lot of friends to make a difference. I want to do mation about this man in the national in different gun organizations who something, and I think most of my col- background check system when who have been told different things. All leagues do as well. knows whatever demons possessed him Senator TOOMEY and I ask is to take The only thing I am asking of my to go out and obtain guns so he could the time and read the bill. colleagues who have been told some- wreak the havoc he did. He went and We started out working this bill from thing or have heard something or have submitted himself to a background so many different angles. Everybody gotten pressured phone calls and let- check, and he passed with flying colors had a part in this. What we tried to do ters is to read the bill. Just read it. It because the system did not have the was find something that would make a is only 49 pages. When have we had data. difference. something that could change the One of the things Senator MANCHIN I want my colleagues to think about course of our country and it is only 49 and I are proposing in this legislation this: Most of our colleagues have been pages long? I have seen bills that were is, let’s provide greater incentives; and visited by those unbelievable families 1,000 pages, 500 pages, amendments that there is a carrot and there is a stick from Newtown. I can’t even imagine—I were 300 pages. We have an entire bill and a cost to States so they will be really can’t, I still cannot—I know the that is 49 pages. That is all we have more in compliance. Presiding Officer probably saw the asked for. That is all. Now, I will be clear: If Virginia had clips when I lost control of my emo- My dear friend Senator TOOMEY and I provided this information to the sys- tions, but I am a grandfather, I am a are going to be on the floor for quite tem, then this shooter from Virginia father, and I can only imagine what some time. Tomorrow we will probably Tech would have been denied that day these families are going through. be joined by our other good friends, and we do not know what would have Let me put my colleagues in that Senator KIRK and Senator SCHUMER. happened after that. It is possible he state of mind, of losing a child in such Everybody has come together. Senator would have found some other way to a tragic way. A child goes to school. A SCHUMER started with a piece for the obtain weapons. But think of all the parent would never expect that child bill, and I said: My dear friend CHUCK, other things that might have hap- not to come home from school—one of I can’t support that. pened. If he had been denied at that the most sacred places we have—but it He said: Can I work with you? moment and he had walked out of that happens. How would my colleagues I said: I would love for you to work store, who knows what else might have feel? What state of mind would they be with me. intervened—whether he would have in? Let me tell my colleagues their My dear friend MARK KIRK from Illi- gotten help, whether he would have state of mind. To a person, each one of nois has been steadfast and rock solid. been stopped some other way. We will these family members came in and He has been right there. never know that. But it seems to me it said: We don’t want to take anybody’s This is bipartisan. Bipartisan—is it is a good idea to try to put that block guns away. We don’t want to ban any Democratic and Republican? This is in place, and that is one of the things weapons. We don’t want to infringe on America. I don’t want to say it is bi- we would achieve. Our legislation, I people’s second amendment right. partisan. This is America. This is think, would go a long way over time On top of that, they said: We really about whether we can make a dif- to encouraging and, in fact, realizing a know and realize the bill the Senate is ference. Can we change something? Can

VerDate Mar 15 2010 01:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.017 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2640 CONGRESSIONAL RECORD — SENATE April 15, 2013 we have the influence of people who are Mr. TOOMEY. I also wish to mention or a family member. People can do basically the most unselfish, strongest, one of the very typical categories of that. We are not preventing that. bravest people I have ever met, includ- mental illness we want to capture, and There are no restrictions in those cir- ing the families of the Newtown chil- that is people who have been publicly cumstances. Also under current law are dren, to be able to come and say: Lis- adjudicated. So that would be people transfers between families, friends, and ten, I want to protect the rights of law- who have pleaded not guilty to a crime neighbors, which we have already abiding citizens. I want people to have by reason of insanity. That strikes me talked about. That can be done. That is their rights. I want people to enjoy as a pretty good definition of somebody not what we are talking about. Again, their guns. I want people to enjoy their who is mentally ill. And someone who it is just common sense. hunting trips with their families. I is deemed not competent to stand trial As I said, the Senator from Pennsyl- want people to enjoy all the things the by virtue of their mental deficiency vania, as well as our other colleagues, second amendment gives us. But I want would be another category. Senator KIRK and Senator SCHUMER, to protect another family, protect an- But the idea is that we have a series and I have been talking back and forth other child, protect another person in of specific measures that would encour- about this. This is not a bill written by America. age greater compliance. There is a car- just Senators. We have had input from That is all we are trying to do. rot-and-stick approach. We would au- the outside. We have included people As we look through the bill, there are thorize some funding. It would have to from all different walks of life. We so many different things we have live within the spending caps we have would then proceed to do a little re- talked about. I have heard people say: already agreed to, the overall spending search to find out if what they sug- Oh, my goodness, they are going to caps, but we authorize funding for gested made sense and if it had been start registering, and they are going to grants that States can use to carry done and if it hadn’t, whether an in- give all of those records to some big out, first of all, an assessment of the fringement occurred to a person who fancy computer that is going to know extent to which they are or are not has not been able to enjoy their rights exactly where to come and get the gun currently in compliance. As I said, as a law-abiding citizen. We did all of of the Presiding Officer. some States are probably doing vir- that. Not only does the law prohibit that tually all they can and other States I appreciate so much the Senator today, this bill—when we pass this bill, are doing almost nothing in terms of from Pennsylvania pointing out those this law will basically say: If any gov- providing the information they have to issues, and we will talk more about it ernment agency intends to do that and this database system, and they can later. abuse that record the law-abiding fire- start with an assessment of that. I yield for the Senator from Pennsyl- arm dealer is supposed to keep—and We would then ask them to submit a vania. only them—it will not only be a felony, 4-year plan by which they would de- Mr. TOOMEY. Mr. President, the last it will entail 15 years of imprisonment. velop full compliance or as full as they point I wish to make is something That is why we have these organiza- can achieve in 4 years. They work this about the NICS system that I should tions basically joining in after looking out with the Attorney General. There have mentioned; that is, currently at and reading the bill and saying: My will be benchmarks along the way. there are States in which someone can goodness, this is really protecting sec- They would have a series of steps they be adjudicated as mentally ill, for in- ond amendment rights. would take by which they would start stance, but that person is left with So it is an emotional bill. It is an to turn over this information they al- very few options to challenge that sta- emotional time in our country, but ready have about people who are crimi- tus. That is the current situation. We truly it is a time for us to come to- nals and people who are mentally ill. remedy that. One of the things we re- gether. It truly is. There is healing If a State refuses to develop such a quire in this bill, in the 4-year plan that must go on, and this bill will help plan or to achieve the benchmarks States have to develop, is that it has to that healing. they set out in their own plan, then we include a program, a mechanism by We want to talk about this, and we propose they have a penalty and they which a person who feels they have are going to go into it detail by detail, would lose some funding. That is the been wrongly designated as someone step by step. mechanism by which we have an in- who can’t own a firearm by virtue of I thank my good friend Senator PAT ducement, an incentive for these their criminal background or their TOOMEY from Pennsylvania, and I yield States. They could lose up to 15 per- mental health would have an oppor- the floor. cent of what is known as the Byrne/ tunity to challenge that, as they The PRESIDING OFFICER. The Sen- JAG funding, which is funding Con- should. There ought to be a process ator from Pennsylvania. gress annually makes available to they can go through to challenge that Mr. TOOMEY. Mr. President, I think States for fighting crime. finding so that nobody who doesn’t be- it might be useful to discuss some of So I believe this is a sensible com- long on this list ends up on this list. the specific ways in which this legisla- bination of measures to simply encour- Let me move on to the background tion would enhance the compliance and age States to participate as they checks at gun shows. I am going to in- the participation on the part of our 50 should. troduce this by reading a letter I re- States with this existing background If the Senator from West Virginia ceived from a constituent yesterday. check system. has anything more to say about the This happens to be a woman whom I As Senator MANCHIN said—as we both NICS improvement piece of this, I will know very well. I have known her for said—we are not creating a new sys- certainly yield. If not, I want to men- years. She is a conservative Repub- tem. We are not creating a new set of tion a reason why I feel strongly about lican, as it happens. She is a second rules by which the system operates. expanding the background checks. But amendment gun owner. Let me read What we are simply asking is that at this point I yield for the Senator what she wrote: since States already have information from West Virginia. Hello, Pat. I just had to write after watch- about people who are criminals and The PRESIDING OFFICER. The Sen- ing your leadership with this very difficult people who are dangerously mentally ator from West Virginia. issue. I very much understand what you are ill, we want them to put that in the Mr. MANCHIN. I thank the good Sen- doing with the gun show checks and appre- database so we can discover when ator from Pennsylvania. I appreciate ciate your dealing with this. This issue is that. I think what he said is spot-on. very personal to me and if you will indulge someone attempts to buy a firearm. me, I will tell you. By the way—— He is basically saying it preserves im- Mr. MANCHIN. Mr. President, if my portant exemptions of background She goes on to say: friend will yield, if I may, I would like checks that are in current law, such as I’m a very strong supporter of the second to mention that we also discussed in- the temporary transfers. That way, for amendment. I’m the gun owner in my house. I do shoot. My father very proudly passed cluding an incentive so someone can’t example, a person can lend their hunt- down his Remington 1100 to me several years say that is an unfunded mandate. That ing rifle. We are hearing all of those before he passed away. He presented it to me provision is not an unfunded mandate, misnomers, such as that people can’t with great pride. I accepted it as a very spe- I say to my colleague. even lend their hunting rifle to a friend cial moment between us. Meanwhile, Pat, I

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.018 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 15, 2013 CONGRESSIONAL RECORD — SENATE S2641 have an adopted daughter who has had emo- would give the penalties of a felony and As we move forward and talk about tional troubles her entire life. Much of our a 15-year sentence. As we talk about the things this bill does positively and journey with her has been difficult and it this bill, we are asking our colleagues negatively, I want to tell you, I have continues to this day. My daughter has been to come down and bring their ques- read it forwards and backwards. I have involuntarily committed twice, and I unfor- tions, concerns, or what they believe tunately believe that it won’t be the last talked to folks. I can tell you this time, as she refuses to get proper treatment. and what they have seen in talking to makes my second amendment rights I was the one who had to sign her paperwork their constituents. stronger. For that I thank you. the first time. And it was made clear to me Right now I am very pleased to have Here is how it does it: My second that I would be taking away her right to own with me a colleague of mine from the amendment rights are only put at risk a gun. I knew that we had no choice but to Big Sky State of Montana. He comes by people who use guns in an improper try and get her some help. But my hands from gun culture like myself and Sen- way. This bipartisan agreement makes shook and I had to pause quite a long time ator TOOMEY. I yield to the Senator sure we protect that second amend- over that document, because I so strongly from Montana. ment for responsible gun owners, not believe in our second amendment rights. Mr. TESTER. Mr. President, I would just in a willy-nilly way, by the way. Nevertheless, I signed it and I would do it like to thank the Senators from West again today. This clearly defines what irresponsible At various times, people have been con- Virginia and Pennsylvania. I rise to gun ownership is. It fixes the under- cerned for our safety with the volatile na- talk about the Toomey-Manchin lying bill that, quite frankly, I moved ture of my daughter’s problems. The idea amendment, knowing this is not an to move forward on. But without this that she would be able to purchase a weapon end-all when it comes to violence in amendment I could not support it. openly in a public venue is not acceptable. I America. It does some positive things like lets do not believe that she actually would, but I We have to do some things that gun dealers sell firearms across State don’t find any comfort in the fact that she revolve around mental health, mental could have an avenue if she so chose. Once lines at gun shows. That is new. It im- illness, how we treat that, how we proves the process by which someone again, I cannot emphasize the importance of move forward in ways that make sense can get their rights restored. This is a the second amendment to me enough. Pat, I for folks who believe strongly in the thank you for your efforts in D.C. and bless big one for me. We have veterans re- second amendment, but also believe in you for all that you’re doing. Be well and be turning from Iran and Afghanistan, by how we make our communities safer. strong. the way, who need treatment, can go So whether it is the Toomey-Manchin I think that says a lot about what we get treatment. This bill does not im- amendment or whether it is some other are trying to accomplish. Here we have pact them whatsoever. amendment that may came up during a passionate supporter of the second On the other hand, if somebody has a this debate, or whether it is an amend- amendment, a gun owner, someone who serious problem, gets put on a list, ment that deals with mental health has always been a believer in the sec- they have the ability through this law and how we treat it and how we get ond amendment. For reasons that she to be able to get off that list once they professionals out there on the ground, has explained very personally, very im- prove they can handle that gun owner- this is a very important issue for folks portant reasons, she does not want her ship responsibly. There has been a lot in this country. daughter to be able to go into a gun The second amendment is very im- of talk about gun registries. This bill show and buy a firearm without so portant. I now want to give a little bit prohibits it from the Department of much as a background check. of background, which most of the Sen- Justice. The way the world is right now Since the mom has the recognition of ators know. I come from a farming I think it is fair to say nothing her daughter’s problems, if the infor- background. My grandparents came to changes: No gun registry now. No gun mation is provided and if that State our farm a little over 100 years ago. registry after this amendment is complies—in this case it is my State of When my folks took the place over, my passed. In fact, this strictly prohibits Pennsylvania—with this background dad set up a custom butcher shop. For it when it comes to the Department of check system, then someone in the cir- 20 years my wife Sharla and I ran that Justice. cumstances of her daughter attempting custom butcher shop. That means There are protections in here for vet- to buy a weapon at a gun show would every morning, literally every morn- erans to make sure they are treated be denied. ing, I would get up and we would go fairly by the system. I serve on the I think that is the outcome we all knock down a beef or a pork with a Veterans’ Affairs Committee. Montana want. It is certainly the outcome her gun. has the second most per capita number own mother wants, who loves her dear- I literally made a good portion of my of veterans in the country. It is impor- ly and loves the second amendment. living on the farm with a gun. It was a tant—it was true in Vietnam, but espe- I would yield back to the Senator tool. It was a way that kept us on the cially with Iraq and Afghanistan—that from West Virginia. farm. It was a way that kept our farm these folks are able to get the treat- Mr. MANCHIN. Mr. President, I economically viable. But you do not ment they need without impacting think we all have letters such as Sen- have to be a butcher to know the value their second amendment rights. I think ator TOOMEY read right now and people of a gun. In Montana, we have sports we are clear on that. It does not impact looking for what we call gun sense, men and women who literally start them in a negative way. which goes right along with common hunting at a very early age and know If you want to give a gun to your son sense. There is so much out there how to handle a gun. They know re- or daughter or you want to sell it to about the bill. Let me just reiterate a sponsible gun ownership when they see your neighbors or friends, there is no couple of things the bill does not do. it. They know irresponsible gun owner- background check required. Active What the bill will not do: The bill ship when they see that too. military can buy a gun in their home will not in any way, shape, or form in- Right now, anybody can go out and State or the station where they are, fringe upon anyone’s second amend- buy a gun. In some States where the not just their duty station. It allows ment right to keep and bear arms. In national instant crime background for a concealed carry permit to be used fact, it strengthens that, as Senator check is not very good, literally any- in lieu of a background check. But the TOOMEY has so eloquently described. body, whether they have a criminal bottom line is it does not impact my The bill will not take away anyone’s record or history of violent mental ill- second amendment rights whatsoever. guns. Nobody will have their guns ness, can go out and buy a gun. I think I was on the tractor this weekend taken away. The bill will not ban any what we are trying to do, what Sen- seeding a few peas and a little bit of type of a firearm. It is not even in the ators MANCHIN and TOOMEY are trying barley. On the radio came a show bill. We are not banning anything. The to do with this amendment is to make called ‘‘Tradio,’’ where if you have bill will not ban or restrict the use of the second amendment stronger for the something you want to sell, you put it any kind of bullet or any size of clip. It people who are law-abiding gun owners on the radio. One of the things that is not in this legislation. but yet trying to keep guns out of the was being sold was a .308 rifle. Under The bill will not create a national hands of folks who cannot handle them this bill, if I put a .308 rifle on the registry, which we just spoke about. In in a responsible way, and have a record radio, and PATRICK TOOMEY calls me fact, it explicitly prohibits that, which of that—a court-adjudicated record. and says he wants to buy that gun, I

VerDate Mar 15 2010 01:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.020 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2642 CONGRESSIONAL RECORD — SENATE April 15, 2013 can. PATRICK TOOMEY is a friend of dent which has happened and is unac- has been available online since Thurs- mine. We can sell it; no background ceptable. day night. It is available now and in check. The bottom line—and I know the every detail. It is available in sum- But if someone I do not know calls, Senator has talked about this a lot mary form and available in any way then we whip down to the local store, during the presentation of his bill. He people choose to look at it. do a quick background check, which has spoken about something called The Citizens Committee for the takes—well, I will ask Senator common sense. This would ensure when Right to Keep and Bear Arms, one of MANCHIN from West Virginia. How long we do a background check it actually the pro second amendment rights does a background check typically is a background check. This bill will groups which endorses this bill, states: take on an individual buying a gun? not solve all the violence problems in If you read the Manchin-Toomey sub- Mr. MANCHIN. I would say that more this country, not even close. Is it a stitute amendment, you can see all the ad- than 90 percent of the background step in the right direction while pro- vances for our cause, that it contains. checks in America that are done are tecting my second amendment rights? This ‘‘cause’’ refers to defense of the less than 3 minutes, and probably even Yes, it is. second amendment, which it contains. no more than a minute and a half. So Does it take away my guns? Does it The bottom line is, as the Senator in that range. That tells you about how stop my ability to go out and buy any from Montana pointed out, our amend- quick it can be done. guns I could buy today? No, it does not. ment isn’t gun control. This is very Mr. TESTER. Exactly. So you zip Does it have any impact on things clear, and I think it is an important down to the local gun store, wherever like assault rifles or big, large maga- contrast. There are other Members of it might be in your town, do the back- zine clips? No, it does not. this body who are not happy with this ground check. Then you do not have to What it does is once the National In- bill because they want active, aggres- worry about if, in fact, that person has stant Criminal Background Check Sys- sive gun control. For instance, they a criminal past or is severely, violently tem is up to snuff, it will contain peo- want to ban various categories of weap- mentally ill. It will be there. There is ple who have a history of violence who ons. They wish to ban various cat- also language in this bill that if a used guns improperly. It will prevent egories of ammunition. They would State is not putting information in the people who are violently mentally ill like to ban various kinds of waiting pe- National Instant Criminal Background from going out there and purchasing a riods and put other restrictions on law- Check System, money is pulled back. gun. abiding citizens. This is gun control. In the State of Montana, I believe it If we are able to work together in a Restricting the freedom of law-abiding is about 10 percent. In the State of bipartisan way, as the Senator from citizens who have never done anything Montana, that is serious dollars. It is West Virginia and the Senator from to harm anyone and restricting their well over $100,000 to be pulled back. Pennsylvania have done, hopefully, we second amendment rights is gun con- Would the Senator from West Vir- may move forward with some issues trol. I disagree with it. I oppose it. I ginia like to talk about the thinking and policies which deal with mental will oppose every such amendment that went into that and how this could health in this country, an issue we which comes before this body. impact the background checks? have not dealt with well as a society, Trying to keep guns out of the hands Mr. MANCHIN. All of the Members or the stigma associated with it. If we of people who aren’t legally entitled to who worked on the bill, Senators can do this there are other amend- have them—dangerous people, be they TOOMEY, KIRK, and SCHUMER, all of us ments we may potentially put on this criminals or dangerously mentally ill got together on that. There had to be— bill as we move forward. people—that is not gun control; this is basically, one of our largest gun orga- If the amendments have common- common sense. nizations brought us to task saying: We sense backing and protect the second As I started off my comments, there supported background checks 10 or amendment, we should take a hard is no dispute this is not an infringe- more years ago. It just did not work. look at them and have a debate on ment on the second amendment. Our You know what. They were right. So those also. The bottom line is I want Founders didn’t think so. Our Supreme we said: Fine. Do you throw the baby my second amendment rights pro- Court Justices didn’t think so. The out with the bathwater or do you tected. I want law-abiding citizens in laws in 50 States don’t maintain this. change the water and make it a little this country to be able to continue to It is common sense. bit better? purchase firearms. I want my kids to I wish to point out another difference So we went back and looked at it. We be able to do that, my grandkids to be in the approach Senator MANCHIN and I said: Fine. We did not want any un- able to do that. I think this bill en- have taken versus some others in this funded mandates. We put $100 million a sures that. I thank the sponsors for body have taken. Others have said let’s year for 4 years for the States to have their hard work. make a universal background check, grants to get them up and running to I yield for the Senator from West and then we will think about who to where they should be. So there is an in- Virginia. make an exception for. Then they centive. We also said: If you do not do The PRESIDING OFFICER. The Sen- carve out very narrow categories. your job and you do not turn your ator from West Virginia. One of the problems with that, in my records over of your adjudicated crimi- Mr. MANCHIN. I wish to thank my view, is we will not imagine every sort nals or mental illness records, then 10 good friend, the Senator from Mon- of set of circumstances we ought to percent the first year, 11 percent—then tana. I know how many calls he has re- carve out. We took a different ap- I think it goes to 13 and up to 15. That ceived and the pressure. I know this be- proach. We said private transactions is off of the Byrne/JAG money. Every cause of all of the misconceptions and generally don’t need to be subject to State depends on that Byrne/JAG untruths. He did something we are ask- this. I am not going to try to imagine money. That is serious. No one else has ing all of our colleagues to do. He read every conceivable private transaction. ever put that in there. the bill and found out for himself this We said let’s have background checks You know what. That concern came bill does exactly what we have been on commercial transactions. This is from the gun organizations right now, trying to do for a long time: most im- where the big volume of commercial one of them who is not supporting it portantly, protect the innocent and our transactions occur and where strangers and should be. people by keeping guns away from peo- are buying and selling guns from each Mr. TESTER. Well, the bottom line ple and children who shouldn’t have other. This is why we require the back- is, I think this puts into effect real in- them. He read the bill. This is all we ground check at gun shows, and we re- centives to keep this National Instant have asked for. quire the background check on Inter- Criminal Background Check System I yield for my friend from Pennsyl- net sales. database up to snuff. vania, Senator TOOMEY. The private transaction, whether it There is also a Commission on Mass The PRESIDING OFFICER. The Sen- is with a family member, friends, Violence in this bill, which I think is ator from Pennsylvania. neighbors or colleagues, if it doesn’t good policy as we move forward, as we Mr. TOOMEY. The Senator makes a happen at a gun show and doesn’t hap- find almost on a daily basis some inci- point which may seem basic. This bill pen over the Internet, it is not subject

VerDate Mar 15 2010 01:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.021 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 15, 2013 CONGRESSIONAL RECORD — SENATE S2643 to the background check. We thought have given so much to us. This is in our men and women who have put their that would be an unnecessary burden bill. lives on the line for us and come back on people who know each other. We also have a policy today where with challenges. If they have been af- Let me just run through quickly the law of the land forbids an Active- fected by this war, they are almost some of the ways in which this legisla- Duty military person from buying a afraid to be evaluated because if they tion strengthens the ability of law- gun in his home State. I don’t know are not evaluated in a positive way, abiding citizens to exercise their sec- whose idea this was. It doesn’t make they could be discriminated against. ond amendment rights. I will do this any sense to me. This is the law. We re- I think that is wrong unless in a briefly. The Senator from Montana peal the policy in this bill to enable a process and procedure they are found touched on some of these. I ought to man or woman serving in uniform in to not be competent. We have 150,000 start off underscoring something the this country to buy a firearm in their who perhaps were not notified of their Senator from West Virginia mentioned home State. We also allow a person rights. We need to make sure they have earlier. who has a concealed carry permit to the appeal process available to them. Not only will this not in any way use the permit as the mechanism by When this legislation passes, every vet- contribute to any kind of national reg- which they are approved for a gun sale. eran coming back going through a istry, it is explicitly forbidden. Any- This stands to reason. The concealed court proceeding can say: Wait a body in the Federal Government who carry permit process is itself a very minute. I went through a field process, did try to create a Federal registry cumbersome and onerous process. In and I think your evaluation is wrong. would become a felon and subject to 15 many cases it is very thorough and We can’t put them in a system they years in prison. This is point No. 1. very expensive. If someone passes that need to work the rest of their lives to One of the problems we have heard they should be fine. We have it in this undo. I think we owe that to our great from our constituents who are gun en- bill as well. veterans in this country. Again, it thusiasts, which we were able to ad- I wish to underscore that these are comes down to simply reading the bill, dress in this legislation, is clarifying the reasons two of the leading pro sec- not making up things, and listening to and fixing interstate travel laws such ond amendment groups have endorsed organizations that may be using this as for sportsmen who are traveling this bill. It enhances the opportunity fear tactic as a campaign to raise long distances. Unfortunately, it hap- of law-abiding citizens to exercise their funds, finances, and money. I don’t like pens too frequently when a sportsman second amendment rights. If someone to say that. I am a proud member of or- is traveling from one State to another is a criminal or mentally unqualified ganizations. They do a lot of good and State, perhaps on a hunting trip or to have a firearm, they are not going informing and teaching safety to young going home for Christmas and wishes to like this bill. children. We do a lot of things. to give a relative a gun for a present. As I said at the beginning, I feel very I had the benefit of growing up in a He is perfectly, lawfully entitled to strongly about this. It is not gun con- town with a sportsmen’s club called own this gun. He is following the rules trol to try to keep guns out of the the Farmington Sportsmen’s Club. My and regulations in his State. He packs hands of people who are not qualified father was not a big sportsman, but he the gun appropriately in his vehicle. As to have them. wanted me to be involved. He worked a he is traveling through another State, I, again, wish to thank the Senator lot and didn’t have time. These people he discovers he is not in compliance from West Virginia, my friend. I appre- took me under their wing at a very with the other State. ciate the hard work he has put into young time and taught me to respect People have gotten themselves into this. I appreciate the chance to share and to use firearms safely. They taught trouble. They have not done anything these thoughts and work with him. We me to be totally responsible, such as to harm anybody, they are just trav- will welcome any questions, comments, when I should put a shell in the gun, eling into a State which has a whole ideas or suggestions from our col- when I should not put in a shell, when different regime and doesn’t respect leagues as we wrestle with this bill in I should have it in my case. Also, they the regime of the other State. the coming days and, hopefully, have a taught me when I should carry it in the We fixed that by clarifying in the leg- vote soon which will be successful on woods and when I cross the fence the islation if a person is transiting this amendment. gun should be unloaded. through a State and in compliance The PRESIDING OFFICER. The Sen- All of us have heard of horrific acci- with the laws of their home State, they ator from West Virginia. dents. These are just little things. are OK. We permit interstate handgun Mr. MANCHIN. I wish to thank Sen- They ingrained this into me. A lot of sales from dealers. We provide—and ator TOOMEY for his hard work, to be these organizations do good deeds. this is very important; the Senator involved, informed, and to bring his ex- When they put misinformation out, from Montana mentioned this—a legal pertise to the discussion we have had they do a disservice to law-abiding gun process for restoring veterans second with our colleagues. owners and the people who respect the amendment rights. As he has been speaking we have right the second amendment provides. We have a problem in this country been joined by our good friend Senator Senator TOOMEY has eloquently spoken right now for veterans. They come TESTER from Montana. Those of us who about this, as well as Senator TESTER. back after serving this country, risking come from a gun culture State can put This is going to continue for some their lives, often sustaining injuries, some of these myths to the side, if you time, I am understanding, and we are sustaining trauma. They can go to the will, and allow the facts to come out. going to be talking, Senator TOOMEY VA and have a social worker decide I think the most important thing and I. We will be joined by other col- they are not able to handle their per- about speaking today for a while is leagues—Senators KIRK, SCHUMER, and sonal financial matters. This alone that we are not creating new law, we TESTER—and we are inviting all of our puts them on the registry, disqualifies are improving old law. This is what we colleagues to come down. If you have them from being able to own a firearm were sent here to do. heard something from a constituent or legally and be able to purchase one. My father used to say the only thing from an organization, come down and I think this is outrageous, frankly. that is new in this world is a pair of talk to us about it. We will show you in This is currently happening every day eyes. Everything else has been pretty the bill that it doesn’t do what they to veterans. We deal with that. We much an improvement of what some- have said. change the system. Under our legisla- one else has done. This is what we are The biggest thing we have heard is tion, this couldn’t happen. Before any- trying to do. We are improving on a about the registration. It doesn’t do body at the VA could designate a vet- system which needed to be improved. that. Not only does it not do it, it even eran as somebody who can’t own a fire- We spoke about the veterans, as Sen- protects you more than you are pro- arm, first they would need to inform ator TOOMEY has. I didn’t know how tected today by law. We improve upon the veteran 30 days in advance to give veterans were treated when they came it. It doesn’t take anybody’s guns the veteran an opportunity to chal- home. We are in a war which has lasted away. I think Senator TOOMEY talked lenge the status. This is only fair. We longer than 12 years and counting. about basically there are things he owe that to those men and women who There are hundreds of thousands of wouldn’t vote for, nor would I. But

VerDate Mar 15 2010 01:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.022 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2644 CONGRESSIONAL RECORD — SENATE April 15, 2013 guess what. That is not in this bill. all who have been hearing all of these erate judicial nominees. They have al- There will be other bills, other amend- things and getting excited about we are ready, during the last 4 years, filibus- ments, that all colleagues will have a going to do something to take your tered more of President Obama’s mod- chance to either support, if they are for guns away or take your rights away or erate judicial nominees than were fili- more gun support, or oppose. register you, that is false. That is a bustered during President Bush’s en- What we are saying is, this is one baldfaced falsehood. All we are saying tire 8 years—67 percent more, in fact— piece of legislation we know will make is go online and read the bill. It is only and there is no dispute that President a difference by keeping guns out of the 49 pages. We have even broken it down Bush was engaged in an effort to pack hands of those who have been adju- for you. If colleagues will do that, and the courts with ideological extremists. dicated through a mental court system bring those conversations to the floor, In connection with the wrongheaded or a criminal court system. And we that is all we can ask. The facts will filibuster of the nomination of Caitlin know about commercial transactions— set you free. The facts will set you free. Halligan, an outstanding nominee to people have used all different types of We have worked hard. Our staffs have the DC Circuit, I urged them to aban- figures as to how many guns basically worked exceedingly hard. And I appre- don their misguided efforts that sac- are transferred at a gun show or online. ciate everybody—my good friend Sen- rifice outstanding judges for purposes With the expansion of the Internet ator TOOMEY, my good friend Senator of partisan payback. Regrettably, their there are going to be more and more. TESTER, and the other Senators; Sen- response seems to be to expand their All we are saying is that is the least ator KIRK from Illinois and Senator efforts through a ‘‘wholesale fili- personal of all transactions—on the SCHUMER from New York—who has buster’’ of nominations to the DC Cir- Internet. I might not know you, Mr. worked so hard to find a balance. It cuit and a legislative proposal to strip President, but up in your beautiful takes us all, from the right and the three judgeships from the DC Circuit. State of Maine I may see something left, from both sides of the aisle—Re- I am tempted to suggest that they you have that I would like, and with publicans, Democrats, and Independ- amend their bill to make it effective the technology of this modern world ents—to work together to make this an whenever the next Republican Presi- today to make contact, hopefully, I American bill. It is not just bipartisan, dent is elected. I say that to point out would be able to purchase that. That is it is for our country. It is to save chil- that they had no concerns with sup- something I could never have done 20, dren, it is to keep our society safe, and porting President Bush’s four Senate- 30, or 40 years ago. But I want to make also to protect the rights of law-abid- confirmed nominees to the DC Circuit. sure also that gun is sent to a licensed ing citizens and law-abiding gun own- Those nominees filled the very vacan- dealer who depends on his livelihood by ers such as myself and the Presiding cies for the 9th, 10th and even the 11th abiding by the law and making sure a Officer. judgeship on the court that Senate Re- background check is done on me before With that, I yield the floor, and I publicans are demanding be eliminated I can purchase or pick up that gun I suggest the absence of a quorum. now that President Obama has been re- bought from you. That only makes The PRESIDING OFFICER. The elected by the American people. The common sense. clerk will call the roll. target of this legislation seems appar- I have heard a lot of things such as: The legislative clerk proceeded to ent when its sponsors emphasize that it Well, they can be charging a lot. Fees call the roll. is designed to take effect immediately can be charged. We allow the person Mrs. BOXER. Mr. President, I ask and acknowledge that ‘‘[h]istorically, who is going to be doing that service unanimous consent that the order for legislation introduced in the Senate al- for you to charge a fee. Let me tell the quorum call be rescinded. tering the number of judgeships has you, as a businessperson, every one of The PRESIDING OFFICER. Without most often postponed enactment until us in business, especially retailers, objection, it is so ordered. the beginning of the next President’s knows exactly the value of every cus- term’’ but that their legislation ‘‘does f tomer who walks through a door. You not do this.’’ It is just another foray in might say: Well, they are just shop- CONCLUSION OF MORNING their concerted efforts to block this ping. My grandfather says: There is no BUSINESS President from appointing judges to such thing as a shopper. They are all The PRESIDING OFFICER. Morning the DC Circuit. buyers. They just don’t know it yet. business is closed. In its April 5, 2013 letter, the Judicial Conference of the United States, They are going to buy something. They f walk through the store and they have a chaired by Chief Justice John Roberts, value. And if they have a value, you EXECUTIVE SESSION sent us recommendations ‘‘based on know what is going to happen? You are our current caseload needs.’’ They do going to see people advertising: Please not recommend stripping judgeships NOMINATION OF BEVERLY REID come and let us do your background from the DC Circuit but state that O’CONNELL TO BE UNITED check free for you. That is a service we they should continue at 11. Four are STATES DISTRICT JUDGE FOR want to give you. We want you to be currently vacant. According to the Ad- THE CENTRAL DISTRICT OF right and make sure the right person ministrative Office of U.S. Courts, the CALIFORNIA gets it. And guess what. They might be caseload per active judge for the DC buying something else. They might buy The PRESIDING OFFICER. Under Circuit has actually increased by 50 new boots or some camouflage gear for the previous order, the Senate will pro- percent since 2005, when the Senate their son or buy their daughter a new ceed to executive session to consider confirmed President Bush’s nominee to outfit. the following nomination, which the fill the 11th seat on the DC Circuit. That is marketing. That is business. clerk will report. When the Senate confirmed Thomas That is what it is all about. So don’t The assistant legislative clerk read Griffith, President Bush’s nominee to let the naysayers say: Oh no, too much the nomination of Beverly Reid the 11th seat in 2005, the confirmation of a burden. Trust me, the markets O’Connell, of California, to be United resulted in there being approximately have a unique ability to correct them- States District Judge for the Central 119 pending cases per active DC Circuit selves and take advantage of a situa- District of California. judge. There are currently 188 pending tion. As a retailer, when a customer— The PRESIDING OFFICER. Under cases for each active judge on the DC a buyer, not a shopper—comes through the previous order, there will be 30 Circuit, more than 50 percent higher. the door, we will sell them something. minutes of debate equally divided in Senate Republicans also seek to mis- I know that. the usual form. use caseload numbers. The DC Circuit So we are going to be happy to talk The Senator from Vermont. Court of Appeals is often considered about this bill for a few days here. We Mr. LEAHY. Mr. President, since the ‘‘the second most important court in want to invite all our colleagues down. American people first elected President the land’’ because of its special juris- We will be announcing the times we Obama, Senate Republicans have been diction and because of the important will be coming to the floor. In the engaged in a concerted effort to fili- and complex cases that it decides. The meantime, to all of my colleagues, to buster, obstruct and delay his mod- court reviews complicated decisions

VerDate Mar 15 2010 01:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.024 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 15, 2013 CONGRESSIONAL RECORD — SENATE S2645 and rulemaking of many Federal agen- nominees. That is not what Democratic and delay that has faced district nomi- cies, and in recent years has handled Senators did during the Bush adminis- nees during the last four years, a pat- some of the most important terrorism tration. This is a new and destructive tern that is without precedent. and enemy combatant and detention tactic. Despite the progress we have While these delays and backlogs are cases since the attacks of September been allowed to make this year, we re- without precedent, Republicans point 11. These cases make incredible de- main more than 20 circuit and district to April 2004 as the one time that there mands on the time of the judges serv- nominees behind the pace set during were a number of President Bush’s ing on this court. It is misleading to President Bush’s administration. Just nominees pending on the floor. Of cite statistics and to accuse hard- 183 of President Obama’s circuit and course back in April 2004, President working judges of having a light or district nominees have been confirmed, Bush had bypassed the Senate and re- easy workload. All cases are not the compared to 206 of President Bush’s at cess appointed two individuals to be same and many of the hardest, most the same point, and vacancies today circuit judges, while Republican Com- complex and most time-consuming are nearly double what they were in mittee staff hacked into a shared serv- cases in the Nation end up at the DC April 2005. We can make up much of er to pilfer Democratic files. Still, we Circuit. that ground if Senate Republicans were able to clear the backlog that re- As the former Chief Judge of the DC would just agree to a vote on all 15 sulted by confirming more than 20 con- Circuit Court of Appeals explained nominees currently pending on the Ex- sensus nominees in just 1 month. There again recently, ‘‘The nature of the DC ecutive Calendar. All of them received is nothing like that to explain the Circuit’s caseload is what sets it apart bipartisan support in committee, and years of backlogged judicial nominees from other courts.’’ She correctly all but one were unanimous. There is during this administration. In truth, 17 noted in her recent column: no good reason for further delay. of the judicial nominations for which The DC Circuit hears the most complex, At this point in President Bush’s Senate Republicans take credit over time-consuming, labyrinthine disputes over presidency, when his district nominees the past 2 years should have been con- regulations with the greatest impact on ordi- were reported by the Judiciary Com- firmed more than 2 years ago in the nary Americans’ lives: clean air and water mittee, it took, on average, just 35 preceding Congress. They allowed only regulations, nuclear plant safety, health- days for them to receive a vote. The 60 judicial confirmations to take place care reform issues, insider trading and more. comparable average for President during President Obama’s first 2 years These cases can require thousands of hours Obama’s district court nominees is of preparation by the judges, often con- in office, the lowest total for a Presi- suming days of argument, involving hun- nearly three times as long, 102 days. dent in over 30 years. This is not a new dreds of parties and interveners, and necessi- This number is has a firm foundation— phenomenon. During President tating dozens of briefs and thousands of arithmetic. It is derived simply by add- Obama’s first year in office, Senate Re- pages of record—all of which culminates in ing up the number of days each nomi- publicans stalled all but 12 of his cir- lengthy, technically intricate legal opinions. nee waited and dividing by the number cuit and district nominees. That was I ask unanimous consent that a copy of nominees. That is how an average is the lowest 1-year confirmation total of that article again be printed in the calculated. since the Eisenhower administration, RECORD at the conclusion of my re- During President Bush’s first term when the Federal bench was barely marks. alone, 57 district nominees were con- one-third the size it is today. Today, the Senate will vote on only firmed within just 1 week of being re- The fact is that we have these 15 one of the 15 judicial nominees ready ported. By contrast, during his first 4 nominees waiting for a vote. All Senate for final action. While I am glad that years only two of President Obama’s Democrats are prepared to vote on all we are being allowed to fill one of the district nominees have been confirmed of them today. 86 judicial vacancies around the coun- within a week of being reported by the Before Republicans take refuge in the try, I wish we were allowed to make Committee. Just before the Thanks- number of vacancies without a nomi- more progress more quickly. After all, giving recess in 2009, when Senator nee, they should be honest about their there are 14 judicial nominees voted SESSIONS of Alabama was the ranking slow-walking the President on rec- out of the Judiciary Committee with- Republican on the Judiciary Com- ommendations for nominees from their out objection who are currently pend- mittee, we were able to get Republican home States. For example, there are 24 ing before the Senate. All members of agreement to confirm Judge Abdul emergency vacancies in States rep- the committee, Republicans and Demo- Kallon, a nominee from Alabama, and resented by Republican Senators. Over crats agreed that they were qualified Judge Christina Reiss, our Chief Judge 40 percent of all judicial emergency va- and should be confirmed. Some were for the Federal District Court for the cancies are in just 3 States, each of held over from last year. Indeed, there District of Vermont. They had their which is represented by 2 Republican are still five judicial nominees pending hearing on November 4, were voted on Senators. Those Senators should be on the Executive Calendar who could by the Judiciary Committee 2 weeks working with the White House to fill and should have been confirmed last later on November 19, and were con- those vacancies. I encourage Repub- year. firmed by the Senate on November 21. lican Senators to work with this Presi- There are currently three times as They were not stalled on the Senate dent, just as I encouraged Democratic many judicial nominees on the Execu- Executive Calendar without a vote for Senators to work with President Bush, tive Calendar as there were at this weeks and months. They were con- to find good nominees for those impor- point in President Bush’s second term. firmed 2 days after the vote by the Ju- tant vacancies and to allow qualified Of course by then the Senate had pro- diciary Committee. That should be the nominees to move forward. I take very ceeded to confirm almost two dozen standard we follow, not be the excep- seriously our responsibilities of both more judges than we have been allowed tion. It should not take being from the advice and consent on nominations. to proceed to consider. Before Senate ranking Republican’s home State to be Today, the Senate is being allowed to Republicans pat themselves on the promptly confirmed as a noncontrover- confirm Judge Beverly O’Connell to a back too hard, they should help us sial judicial nominee. judicial emergency vacancy on the clear the nominees backlogged from Digging deeper into the numbers, the Federal trial court for the Central Dis- last year and acknowledge that there Congressional Research Service has trict of California, one of the busiest was just one judicial nominee con- found that during President Bush’s courts in the Nation. She currently firmed this year whose hearing was first term, 85 percent of his district serves on the Superior Court for the held this year. The others were all nominees waited 60 days or fewer for a County of Los Angeles in California, nominees they needlessly held over for vote. In President Obama’s first term, where she has served for the last 8 months and who should have been con- 78 percent of his district nominees years. She is also currently an Adjunct firmed last year. waited 60 days or longer. What these Professor of Law at Loyola Law School It is really incomprehensible that so data show is that President Obama’s and at Pepperdine University School of many judgeships were forced to remain district nominees have been facing un- Law. Prior to becoming a judge, she vacant for so long when there was no precedented delays. There is an undeni- served in the U.S. Attorney’s Office for actual opposition to these consensus able pattern of Republican obstruction the Central District of California for 10

VerDate Mar 15 2010 01:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.026 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2646 CONGRESSIONAL RECORD — SENATE April 15, 2013 years and worked in private practice as I served on the D.C. Circuit for more than on terrorism charges urged a judge on Mon- an associate at Morrison & Foerster 20 years and as its chief judge for almost day not to hold an early trial because auto- LLP. She received the ABA Standing five. My colleagues and I worked as steadily matic government budget cuts were requir- and intensively as judges on other circuits ing furloughs of lawyers in their office. Committee on the Federal Judiciary’s even if they may have heard more cases. The The request, which seemed to take the highest possible rating, unanimously nature of the D.C. Circuit’s caseload is what judge, Lewis A. Kaplan, by surprise, follows ‘‘well qualified,’’ and has the support of sets it apart from other courts. The U.S. Ju- requests that five or six federal judges in her home State Senators, Senator dicial Conference reviews this caseload peri- Manhattan have received from public defend- FEINSTEIN and Senator BOXER. She odically and makes recommendations to ers to be relieved from cases in the wake of originally had her hearing last Decem- Congress about the court’s structure. In 2009, the automatic cuts, known as sequestration, ber, was unanimously approved by the the conference recommended, based on its said Loretta A. Preska, the chief judge of the review, that the circuit’s 12th judgeship be Federal District Court in Manhattan. Judiciary Committee, will be over- eliminated. This apolitical process is the ‘‘It’s devastating,’’ Judge Preska said late whelming approved by the Senate, and proper way to determine the circuit’s needs, Monday. She praised the work of the federal should and could have been confirmed rather than in the more highly charged con- defenders and said their replacement in cases last year. text of individual confirmations. with publicly paid court-appointed lawyers Finally, last month, I spoke about During my two-decade tenure, 11 active would probably lead to delays and higher the damaging effect of sequestration on judges were sitting a majority of the time; costs. today, the court has only 64 percent of its Judge Kaplan said in court on Monday that our Federal courts and our system of authorized active judges. This precipitous justice and how these indiscriminate he was considering holding the trial of bin decline manifests in the way the court oper- Laden’s son-in-law, Sulaiman Abu Ghaith—a cuts have caused both Federal prosecu- ates. And while the D.C. Circuit has five sen- onetime Al Qaeda spokesman charged with tors and Federal public defenders to be ior judges, they may opt out of the most conspiring to kill Americans—in September. furloughed. The effects have become all complex regulatory cases and do not sit en After the defense requested a later date, he too real as even terrorism prosecutions banc. They also choose the periods during said: ‘‘It’s extremely troublesome to con- are being delayed. Chief Judge Loretta which they will sit, which can affect the ran- template the possibility of a case of this na- domization of assignment of judges to cases. ture being delayed because of sequestration. Preska of the Southern District of New There is, moreover, a subtle constitutional York called these cuts ‘‘devastating.’’ dynamic at work here: The president nomi- Let me say only that—stunning.’’ The judge did not set a trial date, saying The head of the Federal Defenders Of- nates and the Senate confirms federal judges he would consider the request, but the ex- fice stated: ‘‘On a good day, we’re for life. While some presidents may not en- counter any vacancies during their adminis- change shows how the forced budget cuts are stretched thin. . . . Sequestration beginning to have an effect on the adminis- takes us well beyond the breaking tration, over time the constitutional schemata ensures that the makeup of courts tration of justice in federal courts in New point. You simply can’t sequester the reflects the choices of changing presidents York. Sixth Amendment.’’ He is right. Se- and the ‘‘advise and consent’’ of changing About 30 trial lawyers with the federal de- questration is causing grave harm to Senates. Since the circuit courts’ structure fenders office handle around 2,000 criminal our judicial system. I ask unanimous was established in 1948, President Obama is cases a year in federal courts in Manhattan, Brooklyn and other locations, according to consent that a copy of an article dated the first president not to have a single judge confirmed to the D.C. Circuit during his first David E. Patton, who heads the office. April 8 be printed in the RECORD at the full term. The constitutional system of nom- The forced cuts, he said, will mean each conclusion of my statement. ination and confirmation can work only if lawyer in the office will be furloughed for There being no objection, the mate- there is good faith on the part of both the five and a half weeks through the end of Sep- rial was ordered to be printed in the president and the Senate to move qualified tember, when the fiscal year ends. RECORD, as follows: nominees along, rather than withholding ‘‘On a good day, we’re stretched thin,’’ Mr. Patton said. ‘‘Sequestration takes us well [From , Feb. 28, 2013] consent for political reasons. I recall my own difficult confirmation 35 years ago as the beyond the breaking point. You simply can’t SENATE MUST ACT ON APPEALS COURT first female judge on the circuit; eminent sequester the Sixth Amendment.’’ VACANCIES senators such as Barry Goldwater, Thad ‘‘Investigations have to be conducted,’’ Mr. (By Patricia M. Wald) Cochran and Alan Simpson voted to confirm Patton added. ‘‘Evidence must be reviewed. Patricia M. Wald, who is retired, served as me regardless of differences in party or gen- Law must be researched. Those things don’t a judge on the U.S. Court of Appeals for the eral political philosophy. just happen by themselves.’’ D.C. Circuit from 1979 to 1999, including five The two D.C. Circuit nominees before the In seeking the delay, lawyers for Mr. Abu years as chief judge. Senate are exceedingly well qualified. Ghaith, who was arraigned in March, cited Pending before the Senate are nominations Caitlin Halligan served as my law clerk dur- the need for overseas investigation, the to fill two of the four vacant judgeships on ing the 1995–96 term, working on cases in- translation of voluminous materials and the U.S. Court of Appeals for the District of volving the Department of Health and other issues. ‘‘We would urge the court to Columbia Circuit. This court has exclusive Human Services, the Immigration and Natu- find a later date,’’ one lawyer, Martin Cohen, jurisdiction over many vital national secu- ralization Service, the Federal Communica- said. rity challenges and hears the bulk of appeals tions Commission and diverse other topics. Judge Preska said that lawyers had been from the major regulatory agencies of the She later clerked for Supreme Court Justice allowed to leave one of the cases in which federal government. Aside from the U.S. Su- Stephen Breyer. She also served as New York the furlough problem had been cited; the preme Court, it resolves more constitutional solicitor general and general counsel for the issue is pending in the others. questions involving separation of powers and Manhattan district attorney’s office, as well Newly appointed lawyers would have to executive prerogatives than any court in the as being a partner in a major law firm. The ‘‘get up to speed’’ on their cases, and because country. other nominee, Sri Srinivasan, has similarly they are paid by the hour (federal defenders The D.C. Circuit has 11 judgeships but only impressive credentials and a reputation that are salaried), the public would probably end seven active judges. There is cause for ex- surely merits prompt and serious consider- up paying more, Judge Preska said. ‘‘There’s treme concern that Congress is systemati- ation of his nomination. no resolution,’’ she said. ‘‘Time is of the es- cally denying the court the human resources There is a tradition in the D.C. Circuit of sence, and we’re very, very concerned.’’ it needs to carry out its weighty mandates. spirited differences among judges on the The PRESIDING OFFICER. The Sen- The court’s vacancies date to 2005, and it most important legal issues of our time. My ator from California. has not received a new appointment since experience, however, was that deliberations Mrs. BOXER. Mr. President, in the generally focused on the legal and real-world 2006. The number of pending cases per judge midst of another tragic occurrence in has grown from 119 in 2005 to 188 today. A consequences of decisions and reflected a great many of these are not easy cases. The premium on rational thinking and intellec- our country, where we are all holding D.C. Circuit hears the most complex, time- tual prowess, not personal philosophy or pol- our breath to learn the facts, and pray- consuming, labyrinthine disputes over regu- icy preferences. It is in that vein that I urge ing, I wanted to say the business of the lations with the greatest impact on ordinary the Senate to confirm the two pending nomi- Senate is moving forward in terms of Americans’ lives: clean air and water regula- nations to the D.C. Circuit, so that this emi- judges and how important it is to have tions, nuclear plant safety, healthcare re- nent court can live up to its full potential in judges in place so criminals can be our country’s judicial work. form issues, insider trading and more. These prosecuted and justice is served. cases can require thousands of hours of prep- [From the New York Times, Apr. 8, 2013] Tonight in front of the Senate is aration by the judges, often consuming days Judge Beverly Reid O’Connell to be dis- of argument, involving hundreds of parties CITING CUTS, LAWYERS SEEK RELIEF IN and interveners, and necessitating dozens of TERRORISM CASE trict court judge for the Central Dis- briefs and thousands of pages of record—all (By Benjamin Weiser) trict Court of California. Judge Reid of which culminates in lengthy, technically Federal public defenders who are rep- O’Connell was approved in the Judici- intricate legal opinions. resenting a son-in-law of Osama bin Laden ary Committee by a voice vote. She has

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.026 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 15, 2013 CONGRESSIONAL RECORD — SENATE S2647 had a very diverse legal career. She move forward tonight because we need shocked and saddened by the news from served as an exemplary superior court to make sure we have qualified judges Boston today. There were explosions judge in Los Angeles. She will be an ex- on the benches to deal with crimes, to near the finish line at the Boston Mar- cellent addition to the Federal bench. deal with justice every single day. athon. My thoughts go out to all those She is a lifelong Southern Californian. I believe Judge Reid O’Connell is a who were injured, and my condolences She grew up in Northridge, where she wonderful choice for these very dif- go to the families and friends of those was valedictorian of her high school. ficult times and I urge my colleagues affected by this tragedy. She went on to attend UCLA and to support her nomination. I commend the first responders and Pepperdine Law School, where she was Mrs. FEINSTEIN. Mr. President, I the observers who rushed toward dan- managing editor of the Law Review rise to express my strong support for ger to help those who were hurt. We and graduated magna cum laude. Superior Court Judge Beverly Reid will continue to monitor the news from She began her career in private prac- O’Connell’s nomination to be a district Boston. tice, spending 5 years as an associate judge for the Central District of Cali- President Obama has spoken to a at Morrison and Foerster. In 1995, she fornia. number of people, including the mayor Born in Ventura, CA, Judge joined the Department of Justice as an of Boston and Governor Deval Patrick. O’Connell graduated from the Univer- assistant U.S. attorney, where she They have pledged every resource sity of California, Los Angeles in 1986 spent 10 years gaining critical criminal available to help those who were af- and earned her law degree from law and trial experience. fected and to find and bring to justice Pepperdine University School of Law Judge O’Connell excelled as an assist- the perpetrators. The President will be magna cum laude in 1990. She was man- ant U.S. attorney. She was the deputy speaking to the Nation in about 20 aging editor of the Pepperdine Law Re- chief of the general crimes section, re- minutes. sponsible for supervising all the attor- view. Following law school, she worked on I will do whatever I can to support neys in the criminal division. She was complex civil litigation in private the people of Boston and the Common- the lead attorney on a case that led to practice at the law firm Morrison & wealth of Massachusetts, as we all will, the indictment of the highest ranking Foerster for 5 years. She then joined during this difficult time. member of a major drug trafficking or- the U.S. Attorney’s Office in the Cen- I ask unanimous consent that all ganization on U.S. soil. tral District of California, where she time be yielded back on the nomina- For her work on this case she was served for 10 years, from 1995 through tion, and following a moment of silence awarded the DEA Administrator’s 2005. She handled a number of high pro- in observance of the tragic events Award for Exceptional Service. which took place in Boston earlier She has also received numerous other file cases, such as the prosecution of a high ranking member of the Arellano today, the Senate then proceed to vote awards from the DEA, FBI, and local on the confirmation of the nomination. governments. Felix drug cartel. She was appointed to the Superior The PRESIDING OFFICER. Is there She was appointed Superior Court Court by former Governor Arnold objection? Without objection, it is so Judge in Los Angeles in 2005 by Gov- Schwarzenegger in 2005. She has been ordered. ernor Arnold Schwarzenegger, and an outstanding judge, presiding over Under the previous order, the Senate Judge O’Connell is the Assistant Su- literally thousands of cases and ap- will observe a moment of silence. pervising Judge of the North Valley proximately 150 jury trials. She also (Moment of Silence.) Judicial District where she is respon- has been a proven administrator, serv- Mr. REID. Mr. President, I ask for sible for supervising 3 court houses and ing with great skill as an assistant su- the yeas and nays. 22 bench officers. pervising judge for the North Valley The PRESIDING OFFICER. Is there a An expert in criminal law, she pre- District of the Superior Court. sufficient second? sides over all aspects of felony criminal Simply put, Judge O’Connell has out- cases before the Superior Court. There appears to be a sufficient sec- standing credentials and an impeccable In addition to being well-respected ond. reputation, and she has received a rat- for her demeanor on the bench and her There is a sufficient second. ing of ‘‘well qualified’’ from the Amer- stellar legal intellect, she is known by The question is, Will the Senate ad- ican Bar Association—the ABA’s high- her colleagues as a great manager and vise and consent to the nomination of est rating. supervisor, attributes which will serve Beverly Reid O’Connell to be United I will conclude by saying that I have States District Judge for the Central her well at the busy central district. met with Judge O’Connell, and I have Judge Reid O’Connell is also very ac- District of California? no doubt she will be an excellent addi- The clerk will call the roll. tive in the Southern California legal tion to the Central District. community. The assistant bill clerk called the I commend Senator BOXER for recom- roll. She created a program that brings mending such a fine candidate to Presi- Mr. DURBIN. I announce that the inner-city students to the Superior dent Obama, and I am pleased her nom- Senator from North Dakota (Ms. Court to educate them about the legal ination is on the floor today. I hope my HEITKAMP), the Senator from New Jer- process and to spend time with judges colleagues will support her nomina- sey (Mr. LAUTENBERG), and the Senator and lawyers. tion. from Massachusetts (Ms. WARREN), are She also teaches continuing edu- Mrs. BOXER. Mr. President, before I necessarily absent. cation courses to California judges on yield the floor I want to say, for the criminal law, and is an adjunct pro- note of anyone who has been following Mr. CORNYN. The following Senators fessor at the law schools of Pepperdine that on Monday nights I usually speak are necessarily absent: the Senator and Loyola. about climate change, I am not going from New Hampshire (Ms. AYOTTE), the Judge Reid O’Connell received the to do this tonight. I am going to put Senator from Oklahoma (Mr. COBURN), ABA’s highest possible rating—unani- that off until next week. the Senator from South Carolina (Mr. mously ‘‘well qualified and they said I suggest the absence of a quorum. GRAHAM), the Senator from North Da- she will make an excellent Federal The PRESIDING OFFICER. The kota (Mr. HOEVEN), and the Senator judge. clerk will call the roll. from Louisiana (Mr. VITTER). While we are in the midst of some The assistant legislative clerk pro- The PRESIDING OFFICER (Mr. DON- very contentious debates—and I hope ceeded to call the roll. NELLY). Are there any other Senators and pray we will move forward with Mr. REID. Mr. President, I ask unan- in the Chamber desiring to vote? the background check amendment that imous consent that the order for the The result was announced—yeas 92, was crafted by our colleagues Senator quorum call be rescinded. nays 0, as follows: MANCHIN and Senator TOOMEY—and The PRESIDING OFFICER. Without [Rollcall Vote No. 96 Ex.] while we are worried about everything objection, it is so ordered. YEAS—92 that has happened in the country, par- BOSTON MARATHON TRAGEDY Alexander Baucus Blumenthal ticularly what has happened today at Mr. REID. Mr. President, I, like Baldwin Begich Blunt the Boston Marathon, I know we can every Member of the Senate, am Barrasso Bennet Boozman

VerDate Mar 15 2010 01:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G15AP6.027 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2648 CONGRESSIONAL RECORD — SENATE April 15, 2013 Boxer Hatch Nelson Honoring the service of every genera- from the President of the United Brown Heinrich Paul tion of American veterans is a Mon- States submitting sundry nominations Burr Heller Portman Cantwell Hirono Pryor tana value. I deeply appreciate the which were referred to the appropriate Cardin Inhofe Reed work of the Big Sky Honor Flight, the committees. Carper Isakson Reid nonprofit organization that made this (The messages received today are Casey Johanns Risch trip possible. printed at the end of the Senate pro- Chambliss Johnson (SD) Roberts Coats Johnson (WI) Rockefeller To the World War II veterans making ceedings.) Cochran Kaine Rubio the trip, I salute you. We will always f Collins King Sanders Coons Kirk be grateful, and we will never forget Schatz MESSAGE FROM THE HOUSE Corker Klobuchar your service or your sacrifice. Schumer RECEIVED DURING ADJOURNMENT Cornyn Landrieu Scott f Cowan Leahy Sessions Under the authority of the order of Crapo Lee ADDITIONAL STATEMENTS the Senate of January 3, 2013, the Sec- Cruz Levin Shaheen Donnelly Manchin Shelby retary of the Senate, on April 12, 2013, Durbin McCain Stabenow during the adjournment of the Senate, Enzi McCaskill Tester TRIBUTE TO ANNA JO GARCIA received a message from the House of Feinstein McConnell Thune HAYNES Fischer Menendez Toomey Representatives announcing that the Flake Merkley Udall (CO) ∑ Mr. BENNET. Mr. President, today I House has passed the following bill, Franken Mikulski Udall (NM) wish to celebrate Anna Jo Garcia without amendment: Gillibrand Moran Warner Haynes, a remarkable Coloradan, who Grassley Murkowski Whitehouse S. 716. An act to modify the requirements Hagan Murphy Wicker has made helping kids her life’s work. under the STOCK Act regarding online ac- Harkin Murray Wyden Anna Jo rises every morning and be- cess to certain financial disclosure state- ments and related forms. NOT VOTING—8 fore she greets the day, asks, ‘‘What can I do to improve the lives of kids f Ayotte Heitkamp Vitter Coburn Hoeven Warren today?’’ She began her work with the ENROLLED BILL SIGNED Graham Lautenberg founding of the Mile High Montessori Under the authority of the order of The nomination was confirmed. Early Learning Center, which operates eight centers in Denver’s inner city for the Senate of January 3, 2013, the Sec- f children from families with limited re- retary of the Senate, on April 12, 2013, LEGISLATIVE SESSION sources. during the adjournment of the Senate, Anna Jo has received many accolades received a message from the House of Representatives announcing that the MORNING BUSINESS over her career, and she has been rec- ognized by foundations, elected offi- Speaker has signed the following en- Mr. BEGICH. Mr. President, I ask cials, including both houses of the Col- rolled bill: unanimous consent the Senate proceed orado legislature, and many others. S. 716. An act to modify the requirements to a period of morning business, with She is often praised with flowery lan- under the STOCK Act regarding online ac- Senators permitted to speak for up to guage and many whereas clauses to ac- cess to certain financial disclosure state- ments and related forms. 10 minutes each. knowledge her service to Colorado’s The PRESIDING OFFICER. Without kids. Under the authority of the order of objection, it is so ordered. I know that Anna Jo would want me the Senate of January 3, 2013, the en- f to say in my remarks today that she is rolled bill was subsequently signed on April 12, 2013, during the adjournment WORLD WAR II VETERANS VISIT very proud of her humble, pioneer roots in Colorado and that she raised five of the Senate, by the President pro Mr. TESTER. Mr. President. On April tempore (Mr. LEAHY). 21, 88 World War II veterans from Mon- children, who were secure in their f tana will be visiting our Nation’s Cap- mother’s love and grew up to become ital. leaders in their own right. She would MESSAGE FROM THE HOUSE further want me to say that she lives With a great deal of honor and re- At 2:05 p.m., a message from the for kids—and has worked to create spect, I extend a hearty Montana wel- House of Representatives, delivered by hope and success for kids who were not come to each and every one of them. Mrs. Cole, one of its reading clerks, an- born into educational or economic op- Together, they will visit the World nounced that the House has passed the portunity but who have achieved it due War II Memorial and share stories following bills, in which it requests the to the programs she has worked to cre- about their service. This journey will concurrence of the Senate: no doubt bring about a lot of memo- ate and support. This month, Anna Jo is receiving due H.R. 678. An act to authorize all Bureau of ries. I hope it will give them a deep Reclamation conduit facilities for hydro- sense of pride as well. recognition from the Girls Athletic power development under Federal Reclama- What they achieved together almost Leadership School in Denver, CO, for tion law, and for other purposes. 70 years ago was remarkable. That me- being a champion for Colorado edu- H.R. 1120. An act to prohibit the National morial is a testament to the fact that cation. I join the Girls Athletic Leader- Labor Relations Board from taking any ac- a grateful nation will never forget ship School and the State of Colorado tion that requires a quorum of the members what they did or what they sacrificed. in thanking Anna Jo for working to of the Board until such time as Board consti- To us, they were our greatest genera- create educational opportunity and for tuting a quorum shall have been confirmed by the Senate, the Supreme Court issues a tion. They left the comforts of their enriching our community and our decision on the constitutionality of the ap- family and their communities to con- State. I look forward to whatever Anna pointments to the Board made in January front evil from Iwo Jima to Bastogne. Jo tackles in the future and the posi- 2012, or the adjournment sine die of the first Together, they won the war in the Pa- tive influence she will continue to have session of the 113th Congress. cific by defeating an empire and liber- in our community.∑ The message also announced that the ated a continent by destroying Hitler f House has agreed to the following reso- and the Nazis. MESSAGES FROM THE PRESIDENT lution: To them, they were simply doing H. Res. 142. Resolution relative to the elec- their jobs. They enlisted in unprece- Messages from the President of the tion of Members to Joint Committee of Con- dented numbers to defend our freedoms United States were communicated to gress on the Library and Joint Committee on and our values. They represented the the Senate by Mr. Pate, one of his sec- Printing. very best of us and made us proud. retaries. f From a young age, I remember play- f ing the bugle at the memorial services MEASURES REFERRED of veterans of the first two World Wars. EXECUTIVE MESSAGES REFERRED The following bills were read the first It instilled in me a profound sense of As in executive session the Presiding and the second times by unanimous respect that I will never forget. Officer laid before the Senate messages consent, and referred as indicated:

VerDate Mar 15 2010 01:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A15AP6.024 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 15, 2013 CONGRESSIONAL RECORD — SENATE S2649 H.R. 678. An act to authorize all Bureau of viding certain taxpayers with an optional S. 84, a bill to amend the Fair Labor Reclamation conduit facilities for hydro- pre-prepared tax return, and for other pur- Standards Act of 1938 to provide more power development under Federal Reclama- poses; to the Committee on Finance. effective remedies to victims of dis- tion law, and for other purposes; to the Com- By Mrs. GILLIBRAND (for herself, Mr. crimination in the payment of wages mittee on Energy and Natural Resources. TESTER, and Mr. BLUMENTHAL): H.R. 1120. An act to prohibit the National S. 723. A bill to require the Commissioner on the basis of sex, and for other pur- Labor Relations Board from taking any ac- of Social Security to revise the medical and poses. tion that requires a quorum of the members evaluation criteria for determining dis- S. 135 of the Board until such time as Board consti- ability in a person diagnosed with Hunting- At the request of Mr. VITTER, the tuting a quorum shall have been confirmed ton’s Disease and to waive the 24-month name of the Senator from Kansas (Mr. by the Senate, the Supreme Court issues a waiting period for Medicare eligibility for in- MORAN) was added as a cosponsor of S. decision on the constitutionality of the ap- dividuals disabled by Huntington’s Disease; pointments to the Board made in January to the Committee on Finance. 135, a bill to amend title X of the Pub- 2012, or the adjournment sine die of the first By Mr. BLUNT (for himself, Mr. RISCH, lic Health Service Act to prohibit fam- session of the 113th Congress; to the Com- Mr. HOEVEN, Mr. WICKER, Mr. ily planning grants from being awarded mittee on Health, Education, Labor, and JOHANNS, Mr. ENZI, Mrs. FISCHER, Ms. to any entity that performs abortions, Pensions. COLLINS, Mr. INHOFE, and Mr. BOOZ- and for other purposes. f MAN): S. 195 S. 724. A bill to provide flexibility to agen- At the request of Mr. FRANKEN, the MEASURES READ THE FIRST TIME cies on determining what employees are es- name of the Senator from New York The following bills were read the first sential personnel in implementing the se- (Mrs. GILLIBRAND) was added as a co- time: quester; to the Committee on Homeland Se- curity and Governmental Affairs. sponsor of S. 195, a bill to amend the S. 729. A bill to protect law abiding citizens By Mr. CORNYN: Public Health Service Act to revise and by preventing criminals from obtaining fire- S. 725. A bill to provide a taxpayer bill of extend projects relating to children arms. rights for small businesses; to the Com- S. 730. A bill to prevent criminals from ob- and violence to provide access to mittee on Finance. school-based comprehensive mental taining firearms through straw purchasing By Mr. SCHATZ (for himself and Ms. and trafficking. health programs. HIRONO): f S. 726. A bill to amend the Public Health S. 232 ENROLLED BILL PRESENTED Service Act to provide health care practi- At the request of Mr. HATCH, the tioners in rural areas with training in pre- name of the Senator from Utah (Mr. The Secretary of the Senate reported ventive health care, including both physical LEE) was added as a cosponsor of S. 232, that on April 12, 2013, she had presented and mental care, and for other purposes; to a bill to amend the Internal Revenue to the President of the United States the Committee on Health, Education, Labor, Code of 1986 to repeal the excise tax on the following enrolled bill: and Pensions. By Mr. MORAN (for himself and Mr. medical devices. S. 716. An act to modify the requirements MANCHIN): S. 296 under the STOCK Act regarding online ac- S. 727. A bill to improve the examination of cess to certain financial disclosure state- At the request of Mr. LEAHY, the depository institutions, and for other pur- ments and related forms. name of the Senator from Oregon (Mr. poses; to the Committee on Banking, Hous- MERKLEY) was added as a cosponsor of f ing, and Urban Affairs. S. 296, a bill to amend the Immigration By Mr. SCHUMER (for himself, Ms. REPORTS OF COMMITTEES and Nationality Act to eliminate dis- COLLINS, and Mr. CARDIN): The following reports of committees S. 728. A bill to amend the Internal Rev- crimination in the immigration laws were submitted: enue Code of 1986 to extend the exclusion by permitting permanent partners of By Mr. LEVIN, from the Committee on from gross income for employer-provided United States citizens and lawful per- Armed Services: health coverage for employees’ spouses and manent residents to obtain lawful per- Special Report entitled ‘‘Inquiry Into U.S. dependent children to coverage provided to manent resident status in the same Costs and Allied Contributions to Support other eligible designated beneficiaries of em- manner as spouses of citizens and law- the U.S. Military Presence Overseas’’ (Rept. ployees; to the Committee on Finance. ful permanent residents and to penalize By Mr. CRUZ (for himself, Mr. PAUL, No . 113–12). immigration fraud in connection with Mr. LEE, Mr. BOOZMAN, Mr. SCOTT, f Mr. INHOFE, Mr. RISCH, Mr. CRAPO, permanent partnerships. INTRODUCTION OF BILLS AND Mr. JOHANNS, Mr. GRAHAM, and Mr. S. 309 JOINT RESOLUTIONS RUBIO): At the request of Mr. HARKIN, the S. 729. A bill to protect law abiding citizens name of the Senator from Alabama The following bills and joint resolu- by preventing criminals from obtaining fire- (Mr. SESSIONS) was added as a cospon- tions were introduced, read the first arms; read the first time. and second times by unanimous con- By Mr. CRUZ: sor of S. 309, a bill to award a Congres- sent, and referred as indicated: S. 730. A bill to prevent criminals from ob- sional Gold Medal to the World War II members of the Civil Air Patrol. By Mr. THUNE (for himself, Mr. taining firearms through straw purchasing MCCONNELL, Mr. GRASSLEY, Mr. and trafficking; read the first time. S. 313 PORTMAN, Mr. CRAPO, Mr. BOOZMAN, f At the request of Mr. CASEY, the Mr. ENZI, and Mr. BARRASSO): name of the Senator from Oregon (Mr. SUBMISSION OF CONCURRENT AND S. 720. A bill to amend the Internal Rev- MERKLEY) was added as a cosponsor of SENATE RESOLUTIONS enue Code of 1986 to provide for taxpayers S. 313, a bill to amend the Internal making donations with their returns of in- The following concurrent resolutions Revenue Code of 1986 to provide for the come tax to the Federal Government to pay and Senate resolutions were read, and down the public debt; to the Committee on tax treatment of ABLE accounts estab- Finance. referred (or acted upon), as indicated: lished under State programs for the By Mr. ROBERTS (for himself and Mr. By Mr. COBURN (for himself, Mr. care of family members with disabil- MORAN): SCHUMER, and Mr. MCCONNELL): ities, and for other purposes. S. 721. A bill to amend the Communica- S. Res. 97. A resolution expressing the S. 367 tions Act of 1934 to require a provider of a sense of the Senate that the Food and Drug At the request of Mr. CARDIN, the commercial mobile service or an IP-enabled Administration should encourage the use of voice service to provide call location infor- abuse-deterrent formulations of drugs; to the name of the Senator from Vermont mation concerning the user of such a service Committee on Health, Education, Labor, and (Mr. LEAHY) was added as a cosponsor to law enforcement agencies in order to re- Pensions. of S. 367, a bill to amend title XVIII of spond to a call for emergency services or in f the Social Security Act to repeal the an emergency situation that involves risk of Medicare outpatient rehabilitation death or serious physical harm; to the Com- ADDITIONAL COSPONSORS therapy caps. mittee on Commerce, Science, and Transpor- S. 84 S. 448 tation. By Mrs. SHAHEEN: At the request of Ms. MIKULSKI, the At the request of Mr. RUBIO, the S. 722. A bill to require the Secretary of name of the Senator from Indiana (Mr. name of the Senator from Delaware the Treasury to study the feasibility of pro- DONNELLY) was added as a cosponsor of (Mr. COONS) was added as a cosponsor

VerDate Mar 15 2010 01:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A15AP6.009 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2650 CONGRESSIONAL RECORD — SENATE April 15, 2013 of S. 448, a bill to allow seniors to file 480, a bill to improve the effectiveness strategy to obtain observer status for their Federal income tax on a new of the National Instant Criminal Back- Taiwan at the triennial International Form 1040SR. ground Check System by clarifying re- Civil Aviation Organization Assembly, S. 450 porting requirements related to adju- and for other purposes. At the request of Mr. SHELBY, the dications of mental incompetency, and S. 603 name of the Senator from Oklahoma for other purposes. At the request of Mr. BARRASSO, the (Mr. INHOFE) was added as a cosponsor S. 505 name of the Senator from Wyoming of S. 450, a bill to require enhanced eco- At the request of Mr. CRUZ, the name (Mr. ENZI) was added as a cosponsor of nomic analysis and justification of reg- of the Senator from Louisiana (Mr. S. 603, a bill to repeal the annual fee on ulations proposed by certain Federal VITTER) was added as a cosponsor of S. health insurance providers enacted by banking, housing, securities, and com- 505, a bill to prohibit the use of drones the Patient Protection and Affordable modity regulators, and for other pur- to kill citizens of the United States Care Act. poses. within the United States. S. 617 S. 453 S. 509 At the request of Mr. CASEY, the At the request of Mrs. HAGAN, the At the request of Mr. HATCH, the name of the Senator from Minnesota name of the Senator from New York name of the Senator from Utah (Mr. (Ms. KLOBUCHAR) was added as a co- (Mr. SCHUMER) was added as a cospon- LEE) was added as a cosponsor of S. 509, sponsor of S. 617, a bill to provide hu- sor of S. 453, a bill to require that cer- a bill to provide for the conveyance of manitarian assistance and support a tain Federal job training and career certain parcels of National Forest Sys- democratic transition in Syria, and for education programs give priority to tem land to the city of Fruit Heights, other purposes. programs that lead to an industry-rec- Utah. S. 628 ognized and nationally portable cre- S. 510 At the request of Mr. TESTER, the dential. At the request of Mr. HATCH, the name of the Senator from Connecticut S. 458 name of the Senator from Utah (Mr. (Mr. BLUMENTHAL) was added as a co- At the request of Mr. ROBERTS, the LEE) was added as a cosponsor of S. 510, sponsor of S. 628, a bill to amend title name of the Senator from Alabama a bill to authorize the Secretary of the 10, United States Code, to extend the (Mr. SESSIONS) was added as a cospon- Interior to convey certain interests in duration of the Physical Disability sor of S. 458, a bill to improve and ex- Federal land acquired for the Scofield Board of Review and to the expand the tend certain nutrition programs. Project in Carbon County, Utah. authority of such Board to review of S. 462 S. 516 the separation of members of the At the request of Mrs. BOXER, the At the request of Mr. TESTER, the Armed Forces on the basis of mental names of the Senator from Missouri name of the Senator from Alabama condition not amounting to disability, (Mrs. MCCASKILL) and the Senator from (Mr. SESSIONS) was added as a cospon- including separation on the basis of a Alaska (Mr. BEGICH) were added as co- sor of S. 516, a bill to reduce disparities personality or adjustment disorder. sponsors of S. 462, a bill to enhance the and improve access to effective and S. 629 strategic partnership between the cost efficient diagnosis and treatment At the request of Mr. PRYOR, the United States and Israel. of prostate cancer through advances in name of the Senator from Alabama S. 464 testing, research, and education, in- (Mr. SESSIONS) was added as a cospon- At the request of Mr. INHOFE, the cluding through telehealth, compara- sor of S. 629, a bill to amend title 38, name of the Senator from Alabama tive effectiveness research, and identi- United States Code, to recognize the (Mr. SESSIONS) was added as a cospon- fication of best practices in patient service in the reserve components of sor of S. 464, a bill to declare English as education and outreach particularly the Armed Forces of certain persons by the official language of the United with respect to underserved racial, eth- honoring them with status as veterans States, to establish a uniform English nic and rural populations and men with under law, and for other purposes. language rule for naturalization, and a family history of prostate cancer, to S. 635 to avoid misconstructions of the establish a directive on what con- At the request of Mr. BROWN, the English language texts of the laws of stitutes clinically appropriate prostate names of the Senator from Nevada (Mr. the United States, pursuant to Con- cancer imaging, and to create a pros- HELLER), the Senator from Arizona gress’ powers to provide for the general tate cancer scientific advisory board (Mr. FLAKE), the Senator from Georgia welfare of the United States and to es- for the Office of the Chief Scientist at (Mr. CHAMBLISS) and the Senator from tablish a uniform rule of naturalization the Food and Drug Administration to Florida (Mr. RUBIO) were added as co- under article I, section 8, of the Con- accelerate real-time sharing of the lat- sponsors of S. 635, a bill to amend the stitution. est research and accelerate movement Gramm-Leach-Bliley Act to provide an S. 470 of new medicines to patients. exception to the annual written pri- At the request of Mr. TESTER, the S. 517 vacy notice requirement. names of the Senator from Oklahoma At the request of Mr. LEAHY, the S. 679 (Mr. COBURN) and the Senator from name of the Senator from South Da- At the request of Mr. BROWN, the North Dakota (Mr. HOEVEN) were added kota (Mr. THUNE) was added as a co- names of the Senator from Vermont as cosponsors of S. 470, a bill to amend sponsor of S. 517, a bill to promote con- (Mr. SANDERS) and the Senator from title 10, United States Code, to require sumer choice and wireless competition Hawaii (Mr. SCHATZ) were added as co- that the Purple Heart occupy a posi- by permitting consumers to unlock sponsors of S. 679, a bill to promote tion of precedence above the new Dis- mobile wireless devices, and for other local and regional farm and food sys- tinguished Warfare Medal. purposes. tems, and for other purposes. S. 471 S. 545 S. 687 At the request of Mr. SANDERS, the At the request of Ms. MURKOWSKI, the At the request of Mr. MORAN, the name of the Senator from New York name of the Senator from Colorado names of the Senator from Hawaii (Mr. (Mrs. GILLIBRAND) was added as a co- (Mr. UDALL) was added as a cosponsor SCHATZ) and the Senator from Oregon sponsor of S. 471, a bill to amend the of S. 545, a bill to improve hydropower, (Mr. WYDEN) were added as cosponsors Fair Credit Reporting Act to require and for other purposes. of S. 687, a bill to prohibit the closing the inclusion of credit scores with free S. 579 of air traffic control towers, and for annual credit reports provided to con- At the request of Mr. MENENDEZ, the other purposes. sumers, and for other purposes. names of the Senator from Montana S. 689 S. 480 (Mr. TESTER) and the Senator from At the request of Mr. HARKIN, the At the request of Mr. GRAHAM, the New Mexico (Mr. HEINRICH) were added names of the Senator from South Da- name of the Senator from Arizona (Mr. as cosponsors of S. 579, a bill to direct kota (Mr. JOHNSON), the Senator from MCCAIN) was added as a cosponsor of S. the Secretary of State to develop a Connecticut (Mr. BLUMENTHAL), the

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Rights, among other things, provides alties if their spouse improperly re- S. 700 more protections and safeguards for ported items or omitted items on their At the request of Mr. KAINE, the small businesses during administrative tax return. names of the Senator from Mississippi procedures with the IRS. It would This legislation is also supported by (Mr. COCHRAN) and the Senator from lower the compliance burden on small the Texas Association of Business, Na- Virginia (Mr. WARNER) were added as business taxpayers; strengthen safe- tional Federation of Independent Busi- cosponsors of S. 700, a bill to ensure guards against IRS overreach; increase ness, U.S. Hispanic Chamber of Com- that the education and training pro- taxpayer compensation for IRS abuses merce, Americans for Tax Reform, and vided members of the Armed Forces and; improve taxpayer access to the the National Taxpayers Union, among and veterans better assists members court system. Amid the weakest eco- others. and veterans in obtaining civilian cer- nomic recovery since World War II, Small business owners face an espe- tifications and licenses, and for other American job creators urgently need cially crushing burden of paperwork, purposes. such relief. but they lack the key financial and The Small Business Taxpayer Bill of S. 710 legal resources that multinational cor- Rights Act will reduce the compliance At the request of Mr. WARNER, the porations do when dealing with the tax and administrative burdens faced by names of the Senator from Missouri code and the IRS. This legislation will small business taxpayers when it (Mrs. MCCASKILL) and the Senator from provide relief for small businesses and comes to dealing with the IRS. The bill Georgia (Mr. CHAMBLISS) were added as will allow small businesses to spend provides an alternative dispute resolu- cosponsors of S. 710, a bill to provide more time expanding their business tion procedure through which a small exemptions from municipal advisor and creating jobs and less time dealing business taxpayer may be able to re- registration requirements. with the IRS. quest arbitration with an independent, S. RES. 65 Mr. President, I ask unanimous con- neutral third party not employed by At the request of Mr. GRAHAM, the sent that the text of the bill and a let- the IRS. In addition, the bill will make name of the Senator from Maine (Mr. ter of support be printed in the more small businesses eligible to re- KING) was added as a cosponsor of S. RECORD. Res. 65, a resolution strongly sup- coup attorney’s fees when a court finds that the IRS’s action taken against a There being no objection, the mate- porting the full implementation of rial was ordered to be printed in the United States and international sanc- taxpayer is not substantially justified. The legislation also reinforces the RECORD, as follows: tions on Iran and urging the President independent nature of the IRS Appeals S. 725 to continue to strengthen enforcement Office by prohibiting it from discussing of sanctions legislation. Be it enacted by the Senate and House of Rep- the merits of a taxpayer’s case with resentatives of the United States of America in f any other department at the IRS, un- Congress assembled, STATEMENTS ON INTRODUCED less the taxpayer is afforded an oppor- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. BILLS AND JOINT RESOLUTIONS tunity to participate. Second, the bill (a) SHORT TITLE.—This Act may be cited as By Mr. CORNYN: will prevent an Appeals Officer from the ‘‘Small Business Taxpayer Bill of Rights S. 725. A bill to provide a taxpayer raising a new issue that was not ini- Act of 2013’’. bill of rights for small businesses; to tially raised by the IRS in the exam- (b) TABLE OF CONTENTS.—The table of con- the Committee on Finance. ination process. The SBTBOR would tents of this Act is as follows: Mr. CORNYN. Mr. President, I rise to help to ensure the Appeals Office re- Sec. 1. Short title; table of contents. reintroduce the Small Business Tax- mains a neutral entity that effectively Sec. 2. Modification of standards for award- ing of costs and certain fees. payer Bill of Rights Act of 2013, facilitates the taxpayer’s appeals proc- Sec. 3. Civil damages allowed for reckless or SBTBOR. ess. As millions of taxpayers across the intentional disregard of inter- The Small Business Taxpayer Bill of nal revenue laws. country race to meet today’s deadline Rights Act will make the IRS more ac- Sec. 4. Modifications relating to certain of- to file their Federal tax return, it is countable to taxpayers by increasing fenses by officers and employ- important to note that their tax bur- the amount of damages taxpayers may ees in connection with revenue den is more than just the amount of receive for any collection action the laws. tax paid to the Federal Government. IRS takes against them that is reck- Sec. 5. Modifications relating to civil dam- Taxpayers also bear the compliance less, or by reason of negligence dis- ages for unauthorized inspec- cost of complying with a byzantine tax regards the law or its regulations. Sec- tion or disclosure of returns code. Analysts predict that taxpayers ond, it increases the amount of dam- and return information. will spend over $350 billion this year ages taxpayers may be awarded when Sec. 6. Interest abatement reviews. alone to comply with the tax code. An the IRS improperly discloses their tax Sec. 7. Ban on ex parte discussions. analysis of IRS data by the Office of returns and tax information. Third, the Sec. 8. Alternative dispute resolution proce- dures. the Taxpayer Advocate shows it takes bill raises the monetary penalty on Sec. 9. Extension of time for contesting IRS taxpayers more than 6.1 billion hours IRS employees who commit certain un- levy. to compete filings required by a tax lawful acts or disclose taxpayer infor- Sec. 10. Waiver of installment agreement code that contains almost four million mation. fee. words and that, on average, has more Finally, the legislation will improve Sec. 11. Suspension of running of period for than one new provision added to it taxpayer access to the Tax Court by filing petition of spousal relief daily. expanding the role of the current and collection cases. A dispute over a complex tax code ‘‘small tax case’’ procedure—an infor- Sec. 12. Venue for appeal of spousal relief with the IRS can become an expensive mal and efficient method for resolving and collection cases. endeavor for small businesses, who disputes before the Tax Court—to in- Sec. 13. Increase in monetary penalties for have limited resources to fight off friv- clude a wider variety of cases. The bill certain unauthorized disclo- olous IRS claims. With the passage of will permit taxpayers to obtain judi- sures of information. the 2010 health care act, this burden is cial review from the Tax Court when Sec. 14. De novo tax court review of claims expected to increase in the future. At a the IRS fails to act on their claim for for equitable innocent spouse relief. time when job creation remains weak, interest abatement due to an error or Sec. 15. Ban on raising new issues on appeal. small businesses should be spending delay by the IRS. And taxpayers whose SEC. 2. MODIFICATION OF STANDARDS FOR their time and resources creating jobs, property has been wrongly seized to AWARDING OF COSTS AND CERTAIN not cutting through miles of burden- satisfy a tax debt will have more time FEES. some IRS red tape. The Small Business to claim relief and bring a civil suit (a) SMALL BUSINESSES ELIGIBLE WITHOUT Taxpayer Bill of Rights seeks to miti- against the IRS. It also makes proce- REGARD TO NET WORTH.—Subparagraph (D)

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of section 7430(c)(4) of the Internal Revenue ‘‘(A) at any time after the earlier of— ‘‘(c) AVAILABILITY OF DISPUTE RESOLU- Code of 1986 is amended by striking ‘‘and’’ at ‘‘(i) the date of the mailing of the Sec- TIONS.— the end of clause (i), by striking the period retary’s final determination not to abate ‘‘(1) IN GENERAL.—The procedures pre- at the end of clause (ii) and inserting ‘‘and’’, such interest, or scribed under subsection (b)(1) and the pilot and by adding at the end the following new ‘‘(ii) the date which is 180 days after the program established under subsection (b)(2) clause: date of the filing with the Secretary (in such shall provide that a taxpayer may request ‘‘(iii) in the case of an eligible small busi- form as the Secretary may prescribe) of a mediation or arbitration in any case unless ness, the net worth limitation in clause (ii) claim for abatement under this section, and the Secretary has specifically excluded the of such section shall not apply.’’. ‘‘(B) not later than the date which is 180 type of issue involved in such case or the (b) ELIGIBLE SMALL BUSINESS.—Paragraph days after the date described in subpara- class of cases to which such case belongs as (4) of section 7430(c) of the Internal Revenue graph (A)(i).’’. not appropriate for resolution under such Code of 1986 is amended by adding at the end (2) EFFECTIVE DATE.—The amendments subsection. The Secretary shall make any the following new subparagraph: made by this subsection shall apply to determination that excludes a type of issue ‘‘(F) ELIGIBLE SMALL BUSINESS.—For pur- claims for abatement of interest filed with or a class of cases public within 5 working poses of subparagraph (D)(iii), the term ‘eli- the Secretary after the date of the enact- days and provide an explanation for each de- gible small business’ means, with respect to ment of this Act. termination. any proceeding commenced in a taxable (b) SMALL TAX CASE ELECTION FOR INTER- ‘‘(2) INDEPENDENT MEDIATORS.— year— EST ABATEMENT CASES.— ‘‘(A) IN GENERAL.—The procedures pre- ‘‘(i) a corporation the stock of which is not (1) IN GENERAL.—Subsection (f) of section scribed under subsection (b)(1) shall provide publicly traded, 7463 of the Internal Revenue Code of 1986 is the taxpayer an opportunity to elect to have ‘‘(ii) a partnership, or amended— the mediation conducted by an independent, ‘‘(iii) a sole proprietorship, (A) by striking ‘‘and’’ at the end of para- neutral individual not employed by the Of- if the average annual gross receipts of such graph (1), fice of Appeals. corporation, partnership, or sole proprietor- (B) by striking the period at the end of ‘‘(B) COST AND SELECTION.— ship for the 3-taxable-year period preceding paragraph (2) and inserting ‘‘, and’’, and ‘‘(i) IN GENERAL.—Any taxpayer making an such taxable year does not exceed $50,000,000. (C) by adding at the end the following new election under subparagraph (A) shall be re- For purposes of applying the test under the paragraph: quired— preceding sentence, rules similar to the rules ‘‘(3) a petition to the Tax court under sec- ‘‘(I) to share the costs of such independent of paragraphs (2) and (3) of section 448(c) tion 6404(h) in which the amount of interest mediator equally with the Office of Appeals, shall apply.’’. abatement sought does not exceed $50,000.’’. and (c) EFFECTIVE DATE.—The amendments (2) EFFECTIVE DATE.—The amendments ‘‘(II) to limit the selection of the mediator made by this section shall apply to pro- made by this subsection shall apply to— to a roster of recognized national or local ceedings commenced after the date of the en- (A) cases pending as of the day after the neutral mediators. actment of this Act. date of the enactment of this Act, and ‘‘(ii) EXCEPTION.—Clause (i)(I) shall not SEC. 3. CIVIL DAMAGES ALLOWED FOR RECK- (B) cases commenced after such date of en- apply to any taxpayer who is an individual LESS OR INTENTIONAL DISREGARD actment. or who was a small business in the preceding OF INTERNAL REVENUE LAWS. SEC. 7. BAN ON EX PARTE DISCUSSIONS. calendar year if such taxpayer had an ad- (a) INCREASE IN AMOUNT OF DAMAGES.—Sec- (a) IN GENERAL.—Notwithstanding section justed gross income that did not exceed 250 tion 7433(b) of the Internal Revenue Code of 1001(a)(4) of the Internal Revenue Service Re- percent of the poverty level, as determined 1986 is amended by striking ‘‘$1,000,000 structuring and Reform Act of 1998, the In- in accordance with criteria established by ($100,000, in the case of negligence)’’ and in- ternal Revenue Service shall prohibit any ex the Director of the Office of Management serting ‘‘$3,000,000 ($300,000, in the case of parte communications between officers in and Budget, in the taxable year preceding negligence)’’. the Internal Revenue Service Office of Ap- the request. (b) EXTENSION OF TIME TO BRING ACTION.— peals and other Internal Revenue Service Section 7433(d)(3) of the Internal Revenue ‘‘(iii) SMALL BUSINESS.—For purposes of employees with respect to any matter pend- Code of 1986 is amended by striking ‘‘2 years’’ clause (ii), the term ‘small business’ has the ing before such officers. and inserting ‘‘5 years’’. meaning given such term under section (b) TERMINATION OF EMPLOYMENT FOR MIS- (c) EFFECTIVE DATE.—The amendments 41(b)(3)(D)(iii). CONDUCT.—Subject to subsection (c), the made by this section shall apply to actions ‘‘(3) AVAILABILITY OF PROCESS.—The proce- Commissioner of Internal Revenue shall ter- of employees of the Internal Revenue Service dures prescribed under subsection (b)(1) and minate the employment of any employee of after the date of the enactment of this Act. the pilot program established under sub- the Internal Revenue Service if there is a section (b)(2) shall provide the opportunity SEC. 4. MODIFICATIONS RELATING TO CERTAIN final administrative or judicial determina- OFFENSES BY OFFICERS AND EM- to elect mediation or arbitration at the time PLOYEES IN CONNECTION WITH tion that such employee committed any act when the case is first filed with the Office of REVENUE LAWS. or omission prohibited under subsection (a) Appeals and at any time before deliberations (a) INCREASE IN PENALTY.—Section 7214 of in the performance of the employee’s official in the appeal commence.’’. the Internal Revenue Code of 1986 is amend- duties. Such termination shall be a removal (b) EFFECTIVE DATE.—The amendment ed— for cause on charges of misconduct. made by this section shall take effect on the (1) by striking ‘‘$10,000’’ in subsection (a) (c) DETERMINATION OF COMMISSIONER.— date of the enactment of this Act. and inserting ‘‘$25,000’’, and (1) IN GENERAL.—The Commissioner of In- SEC. 9. EXTENSION OF TIME FOR CONTESTING (2) by striking ‘‘$5,000’’ in subsection (b) ternal Revenue may take a personnel action IRS LEVY. and inserting ‘‘$10,000’’. other than termination for an act prohibited (a) EXTENSION OF TIME FOR RETURN OF (b) EFFECTIVE DATE.—The amendments under subsection (a). PROPERTY SUBJECT TO LEVY.—Subsection (b) made by this section shall take effect on the (2) DISCRETION.—The exercise of authority of section 6343 of the Internal Revenue Code date of the enactment of this Act. under paragraph (1) shall be at the sole dis- of 1986 is amended by striking ‘‘9 months’’ SEC. 5. MODIFICATIONS RELATING TO CIVIL cretion of the Commissioner of Internal Rev- and inserting ‘‘3 years’’. DAMAGES FOR UNAUTHORIZED IN- enue and may not be delegated to any other (b) PERIOD OF LIMITATION ON SUITS.—Sub- SPECTION OR DISCLOSURE OF RE- officer. The Commissioner of Internal Rev- section (c) of section 6532 of the Internal TURNS AND RETURN INFORMATION. enue, in his sole discretion, may establish a Revenue Code of 1986 is amended— (a) INCREASE IN AMOUNT OF DAMAGES.—Sub- procedure which will be used to determine (1) in paragraph (1) by striking ‘‘9 months’’ paragraph (A) of section 7431(c)(1) of the In- whether an individual should be referred to and inserting ‘‘3 years’’, and ternal Revenue Code of 1986 is amended by the Commissioner of Internal Revenue for a (2) in paragraph (2) by striking ‘‘9-month’’ striking ‘‘$1,000’’ and inserting ‘‘$10,000’’. determination by the Commissioner under and inserting ‘‘3-year’’. (b) EFFECTIVE DATE.—The amendment paragraph (1). (c) EFFECTIVE DATE.—The amendments made by this section shall apply to inspec- (3) NO APPEAL.—Any determination of the made by this section shall apply to— tions and disclosure occurring on and after Commissioner of Internal Revenue under (1) levies made after the date of the enact- the date of the enactment of this Act. this subsection may not be appealed in any ment of this Act, and SEC. 6. INTEREST ABATEMENT REVIEWS. administrative or judicial proceeding. (2) levies made on or before such date if the (a) FILING PERIOD FOR INTEREST ABATE- (d) TIGTA REPORTING OF TERMINATION OR 9-month period has not expired under section MENT CASES.— MITIGATION.—Section 7803(d)(1)(E) of the In- 6343(b) of the Internal Revenue Code of 1986 (1) IN GENERAL.—Subsection (h) of section ternal Revenue Code of 1986 is amended by (without regard to this section) as of such 6404 of the Internal Revenue Code of 1986 is inserting ‘‘or section 7 of the Small Business date. amended— Taxpayer Bill of Rights Act of 2013’’ after SEC. 10. WAIVER OF INSTALLMENT AGREEMENT (A) by striking ‘‘REVIEW OF DENIAL’’ in the ‘‘1998’’. FEE. heading and inserting ‘‘JUDICIAL REVIEW’’, SEC. 8. ALTERNATIVE DISPUTE RESOLUTION (a) IN GENERAL.—Section 6159 of the Inter- and PROCEDURES. nal Revenue Code of 1986 is amended by re- (B) by striking ‘‘ ‘if such action is (a) IN GENERAL.—Section 7123 of the Inter- designating subsection (f) as subsection (g) brought’ ’’ and all that follows in paragraph nal Revenue Code of 1986 is amended by add- and by inserting after subsection (e) the fol- (1) and inserting ‘‘if such action is brought— ing at the end the following new subsection: lowing new subsection:

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‘‘(f) WAIVER OF INSTALLMENT AGREEMENT ‘‘(G) in the case of a petition under section UNITED STATES HISPANIC FEE.—The Secretary shall waive the fees im- 6015(e), the legal residence of the petitioner, CHAMBER OF COMMERCE, posed on installment agreements under this or Washington, DC, April 11, 2013. section for any taxpayer with an adjusted ‘‘(H) in the case of a petition under section Hon. JOHN CORNYN, gross income that does not exceed 250 per- 6320 or 6330— Senate Minority Whip, U.S. Senate, cent of the poverty level, as determined in ‘‘(i) the legal residence of the petitioner if Washington, DC. accordance with criteria established by the the petitioner is an individual, and DEAR SENATOR CORNYN: The United States Director of the Office of Management and ‘‘(ii) the principal place of business or prin- Hispanic Chamber of Commerce (USHCC) Budget, and who has agreed to make pay- cipal office or agency if the petitioner is an would like to express its support and thank ments under the installment agreement by entity other than an individual.’’. you for introducing the Small Business Tax- electronic payment through a debit instru- (b) EFFECTIVE DATE.—The amendments payer Bill of Rights Act of 2013 (SBTBOR). ment.’’. made by this section shall apply to petitions As our organization advocates for legislation (b) EFFECTIVE DATE.—The amendment filed after the date of enactment of this Act. that helps Hispanic owned businesses grow made by this section shall take effect on the SEC. 13. INCREASE IN MONETARY PENALTIES the economy and create jobs, it is encour- date of the enactment of this Act. FOR CERTAIN UNAUTHORIZED DIS- aging to see the SBTBOR introduced on the SEC. 11. SUSPENSION OF RUNNING OF PERIOD CLOSURES OF INFORMATION. Senate floor during the 113th Congress. FOR FILING PETITION OF SPOUSAL (a) IN GENERAL.—Paragraphs (1), (2), (3), As you are aware, Hispanic-owned firms RELIEF AND COLLECTION CASES. and (4) of section 7213(a) of the Internal Rev- are the fastest growing segment of American (a) PETITIONS FOR SPOUSAL RELIEF.— enue Code of 1986 are each amended by strik- enterprise. We applaud you for recognizing (1) IN GENERAL.—Subsection (e) of section ing ‘‘$5,000’’ and inserting ‘‘$10,000’’. this fact and, as a result, taking the initia- 6015 of the Internal Revenue Code of 1986 is (b) EFFECTIVE DATE.—The amendments tive to provide sensible solutions for the amended by adding at the end the following made by this section shall apply to disclo- USHCC constituency of Hispanic entre- new paragraph: sures made after the date of the enactment preneurs. The four pillars of the SBTBOR— ‘‘(6) SUSPENSION OF RUNNING OF PERIOD FOR of this Act. lowering compliance burden for taxpayers, FILING PETITION IN TITLE 11 CASES.—In the SEC. 14. DE NOVO TAX COURT REVIEW OF CLAIMS strengthening taxpayer protections, compen- case of a person who is prohibited by reason FOR EQUITABLE INNOCENT SPOUSE sating taxpayers for IRS abuses, and improv- of a case under title 11, United States Code, RELIEF. ing taxpayer access to the judicial system— from filing a petition under paragraph (1)(A) (a) IN GENERAL.—Subparagraph (A) of sec- are crucial for the financial health of small with respect to a final determination of re- tion 6015(e)(1) of the Internal Revenue Code businesses across the country, and we hope lief under this section, the running of the pe- of 1986 is amended by adding at the end the that your Senate colleagues join in your ef- riod prescribed by such paragraph for filing following new flush sentence: forts to pass common sense, pro-growth leg- such a petition with respect to such final de- ‘‘Any review of a determination by the Sec- islation. termination shall be suspended for the period retary with respect to a claim for equitable In the USHCC’s 2012–2014 Legislative Agen- during which the person is so prohibited relief under subsection (f) shall be reviewed da, regulatory reform is noted as a critical from filing such a petition, and for 60 days de novo by the Tax Court.’’. part of the Hispanic small business commu- thereafter.’’. (b) EFFECTIVE DATE.—The amendment nity’s potential for job creation and eco- (2) EFFECTIVE DATE.—The amendment made by this section shall apply to petitions nomic development. The SBTBOR, by ad- made by this subsection shall apply to peti- filed or pending before the Tax Court on and dressing problematic regulation and inter- tions filed under section 6015(e) of the Inter- after the date of the enactment of this Act. action with the IRS, is in line with the nal Revenue Code of 1986 after the date of the SEC. 15. BAN ON RAISING NEW ISSUES ON AP- USHCC’s view for a full economic recovery. enactment of this Act. PEAL. In order for the Hispanic community to con- (b) COLLECTION PROCEEDINGS.— (a) IN GENERAL.—Chapter 77 of the Internal tinue leveraging its entrepreneurial spirit, (1) IN GENERAL.—Subsection (d) of section Revenue Code of 1986 is amended by adding we cannot allow for these job creators to be 6330 of the Internal Revenue Code of 1986 is at the end the following new section: amended— subject to slow and costly resolution of au- ‘‘SEC. 7529. PROHIBITION ON INTERNAL REV- dits, low civil damages when the IRS dis- (A) by striking ‘‘appeal such determination ENUE SERVICE RAISING NEW ISSUES to the Tax Court’’ in paragraph (1) and in- IN AN INTERNAL APPEAL. regards the law, fees on installment agree- ments for low-income taxpayers, and many serting ‘‘petition the Tax Court for review of ‘‘(a) IN GENERAL.—In reviewing an appeal such determination’’, of any determination initially made by the other harsh burdens that exist for small businesses. (B) by striking ‘‘JUDICIAL REVIEW OF DETER- Internal Revenue Service, the Internal Rev- The SBTBOR could have an immediate, MINATION’’ in the heading of paragraph (1) enue Service Office of Appeals may not con- positive impact on the Hispanic business and inserting ‘‘PETITION FOR REVIEW BY TAX sider or decide any issue that is not within community and American economy as a COURT’’, the scope of the initial determination. whole. Please let us know how we may assist (C) by redesignating paragraph (2) as para- ‘‘(b) CERTAIN ISSUES DEEMED OUTSIDE OF in your effort to promote an environment graph (3), and SCOPE OF DETERMINATION.—For purposes of where entrepreneurs focus more on growing (D) by inserting after paragraph (1) the fol- subsection (a), the following matters shall be their businesses rather than dealing with un- lowing new paragraph: considered to be not within the scope of a de- reasonable regulations. We are here to help. ‘‘(2) SUSPENSION OF RUNNING OF PERIOD FOR termination: Respectfully Submitted, FILING PETITION IN TITLE 11 CASES.—In the ‘‘(1) Any issue that was not raised in a no- MARC RODRIGUEZ, case of a person who is prohibited by reason tice of deficiency or an examiner’s report Chairman of the of a case under title 11, United States Code, which is the subject of the appeal. Board, USHCC. from filing a petition under paragraph (1) ‘‘(2) Any deficiency in tax which was not JAVIER PALOMAREZ, with respect to a determination under this included in the initial determination. President & CEO, section, the running of the period prescribed ‘‘(3) Any theory or justification for a tax USHCC. by such subsection for filing such a petition deficiency which was not considered in the with respect to such determination shall be initial determination. suspended for the period during which the ‘‘(c) NO INFERENCE WITH RESPECT TO ISSUES By Mr. SCHATZ (for himself and person is so prohibited from filing such a pe- RAISED BY TAXPAYERS.—Nothing in this sec- Ms. HIRONO): tition, and for 30 days thereafter.’’. tion shall be construed to provide any limi- S. 726. A bill to amend the Public (2) CONFORMING AMENDMENT.—Subsection tation in addition to any limitations in ef- Health Service Act to provide health (c) of section 6320 of such Code is amended by fect on the date of the enactment of this sec- care practitioners in rural areas with striking ‘‘(2)(B)’’ and inserting ‘‘(3)(B)’’. tion on the right of a taxpayer to raise an training in preventive health care, in- (3) EFFECTIVE DATE.—The amendments issue, theory, or justification on an appeal from a determination initially made by the cluding both physical and mental care, made by this subsection shall apply to peti- and for other purposes; to the Com- tions filed under section 6330 of the Internal Internal Revenue Service that was not with- Revenue Code of 1986 after the date of the en- in the scope of the initial determination.’’. mittee on Health, Education, Labor, actment of this Act. (b) CLERICAL AMENDMENT.—The table of and Pensions. sections for chapter 77 of such Code is SEC. 12. VENUE FOR APPEAL OF SPOUSAL RE- Mr. SCHATZ. Mr. President, I ask LIEF AND COLLECTION CASES. amended by adding at the end the following unanimous consent that the text of the new item: (a) IN GENERAL.—Paragraph (1) of section bill be printed in the RECORD. 7482(b) of the Internal Revenue Code of 1986 ‘‘Sec. 7529. Prohibition on Internal Revenue There being no objection, the text of Service raising new issues in an is amended— the bill was ordered to be printed in (1) by striking ‘‘or’’ at the end of subpara- internal appeal.’’. the RECORD, as follows: graph (E), (c) EFFECTIVE DATE.—The amendments (2) by striking the period at the end of sub- made by this section shall apply to matters S. 726 paragraph (F) and inserting a comma, and filed or pending with the Internal Revenue Be it enacted by the Senate and House of Rep- (3) by inserting after subparagraph (F) the Service Office of Appeals on or after the date resentatives of the United States of America in following new subparagraphs: of the enactment of this Act. Congress assembled,

VerDate Mar 15 2010 02:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A15AP6.008 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2654 CONGRESSIONAL RECORD — SENATE April 15, 2013 SECTION 1. SHORT TITLE. aged manufacturers of opioid drug products Because of the limited time available This Act may be cited as the ‘‘Rural Pre- to develop abuse-deterrent formulations de- for the hearing, witnesses may testify ventive Health Care Training Act of 2013’’. signed to prevent or discourage the abuse or by invitation only. However, those SEC. 2. PREVENTIVE HEALTH CARE TRAINING. misuse of those products; wishing to submit written testimony Whereas in response, several opioid drug Part D of title VII of the Public Health for the hearing record should send it to Service Act (42 U.S.C. 294 et seq.) is amended manufacturers have developed abuse-deter- by inserting after section 754 the following: rent formulations; the Committee on Energy and Natural ‘‘SEC. 754A. PREVENTIVE HEALTH CARE TRAIN- Whereas efforts to reduce the level of abuse Resources, United States Senate, 304 ING. of opioid drug products are dependent on the Dirksen Senate Office Building, Wash- ‘‘(a) IN GENERAL.—The Secretary may widespread adoption of new technologies and ington, DC 20510–6150, or by email to make grants to, and enter into contracts approaches to the safer formulation of these [email protected]. with, eligible applicants to enable such ap- drugs; and For further information, please con- plicants to provide preventive health care Whereas the Commissioner of Food and tact Meghan Conklin (202) 224–8046 or Drugs has acknowledged that the Food and training, in accordance with subsection (c), John Assini (202) 224–9313. to health care practitioners practicing in Drug Administration has the authority rural areas. Such training shall, to the ex- under current law to require generic versions SUBCOMMITTEE ON WATER AND POWER tent practicable, include training in health of products that have been formulated or re- Mr. WYDEN. Mr. President, I would care to prevent both physical and mental formulated with abuse-deterrent features to like to advise you that a hearing has disorders before the initial occurrence of have comparable features: Now, therefore, be been scheduled before the Sub- such disorders. In carrying out this sub- it committee on Water and Power of the section, the Secretary shall encourage, but Resolved, That it is the sense of the Senate that the Food and Drug Administration Committee on Energy and Natural Re- may not require, the use of interdisciplinary sources. The hearing will be held on training project applications. should exercise its acknowledged authority ‘‘(b) LIMITATION.—To be eligible to receive to— Tuesday, April 16, 2013, at 2:30 p.m., in training using assistance provided under sub- (1) refuse to approve generic versions of room SD–366 of the Dirksen Senate Of- section (a), a health care practitioner shall non-abuse-deterrent opioid products that fice Building in Washington, DC. be determined by the eligible applicant in- have been replaced in the market with The purpose of this hearing will be to volved to be practicing, or desiring to prac- abuse-deterrent formulations recognized by hear testimony on the following meas- tice, in a rural area. the Food and Drug Administration as effec- ures: ‘‘(c) USE OF ASSISTANCE.—Amounts re- tive; and S. 211, the Provo River Project Transfer ceived under a grant made or contract en- (2) require generic versions of abuse-deter- Act; tered into under this section shall be used— rent opioid products to be formulated with S. 284, the Fort Sumner Project Title Con- ‘‘(1) to provide student stipends to individ- comparable abuse-deterrent features. veyance Act; uals attending rural community colleges or f S. 510, the Scofield Land Transfer Act; other institutions that service predomi- NOTICES OF HEARINGS S. 659, to reauthorize the Reclamation nantly rural communities, for the purpose of States Emergency Drought Relief Act of enabling the individuals to receive preven- COMMITTEE ON HEALTH, EDUCATION, LABOR, 1991; tive health care training; AND PENSIONS S. 684, to amend the Mni Wiconi Project ‘‘(2) to increase staff support at rural com- Mr. HARKIN. Mr. President, I wish to Act of 1988 to facilitate completion of the munity colleges or other institutions that Mni Wiconi Rural Water Supply System, and service predominantly rural communities to announce that the Committee on Health, Education, Labor, and Pen- for other purposes; facilitate the provision of preventive health S. 693, to amend the Reclamation Waste- care training; sions will meet in open session on water and Groundwater Study and Facilities ‘‘(3) to provide training in appropriate re- Thursday, April 18, 2013, at 10 a.m. in Act to authorize the Secretary of the Inte- search and program evaluation skills in room 430 of the Dirksen Senate Office rior to participate in the City of Hermiston, rural communities; Building to conduct a hearing entitled Oregon, water recycling and reuse project, ‘‘(4) to create and implement innovative ‘‘Hearing for Secretary of Labor-Des- and for other purposes. programs and curricula with a specific pre- ignate Thomas E. Perez.’’ S.J. Res. 12, A joint resolution to consent vention component; and to certain amendments enacted by the legis- ‘‘(5) for other purposes as the Secretary de- For further information regarding this meeting, please contact Anna lature of the State of Hawaii to the Hawai- termines to be appropriate. ian Homes Commission, Act, 1920; and ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Porto of the committee staff on (202) H.R. 316 and S. Amdt. 579, the Collinsville There are authorized to be appropriated to 224–5363. Renewable Energy Promotion Act. carry out this section, $5,000,000 for each of COMMITTEE ON HEALTH, EDUCATION, LABOR, fiscal years 2014 through 2017.’’. For further information, please con- AND PENSIONS tact Sara Tucker at (202) 224–6224 or f Mr. HARKIN. Mr. President, I wish to John Assini at (202) 224-9313. announce that the Committee on SUBMITTED RESOLUTIONS SUBCOMMITTEE ON WATER AND POWER Health, Education, Labor, and Pen- Mr. WYDEN. Mr. President, I would sions will meet in open session on like to advise you of an addition to a SENATE RESOLUTION 97—EX- Tuesday, April 16, 2013, at 10 a.m. in previously announced hearing before PRESSING THE SENSE OF THE room 430 of the Dirksen Senate Office Subcommittee on Water and Power of SENATE THAT THE FOOD AND Building to conduct a hearing entitled the Committee on Energy and Natural DRUG ADMINISTRATION SHOULD ‘‘The Challenge of College Afford- Resources. ENCOURAGE THE USE OF ABUSE- ability: The Student Lens’’ The hearing will be held on Tuesday, DETERRENT FORMULATIONS OF For further information regarding April 16, 2013, at 2:30 p.m., in room SD– DRUGS this meeting, please contact Leanne 366 of the Dirksen Senate Office Build- Hotek of the committee staff on (202) Mr. COBURN (for himself, Mr. SCHU- ing. 228–6685. MER, and Mr. MCCONNELL) submitted In addition to the other measures the following resolution; which was re- COMMITTEE ON ENERGY AND NATURAL previously announced, the Committee ferred to the Committee on Health, RESOURCES will also consider: Education, Labor, and Pensions: Mr. WYDEN. Mr. President, I would S. 684, to amend the Mni Wiconi Project S. RES. 97 like to announce for the information of Act of 1988 to facilitate completion of the Whereas when abuse-deterrent formula- the Senate and the public that a hear- Mni Wiconi Rural Water Supply System, and tions of a drug have been developed, ap- ing has been scheduled before the Com- for other purposes; proved, and recognized as effective by the mittee on Energy and Natural Re- S. 693, to amend the Reclamation Waste- Food and Drug Administration, the approval sources. water and Groundwater Study and Facilities and marketing of generic versions that do The hearing will be held on Tuesday, Act to authorize the Secretary of the Inte- not have abuse-deterrent features are likely April 16, 2013, at 10 a.m. in room SD–366 rior to participate in the City of Hermiston, to prevent achievement of the public health of the Dirksen Senate Office Building. Oregon, water recycling and reuse project, purposes of the efforts to develop such abuse- and for other purposes; and deterrent formulations; The purpose of this hearing is to con- S. 715, to authorize the Secretary of the In- Whereas the Office of National Drug Con- sider the President’s Proposed Budget terior to use designated funding to pay for trol Policy and the Food and Drug Adminis- for Fiscal Year 2014 for the Forest construction of authorized rural water tration have for many years strongly encour- Service. projects, and for other purposes.

VerDate Mar 15 2010 01:38 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A15AP6.017 S15APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 15, 2013 CONGRESSIONAL RECORD — SENATE S2655 For further information, please con- expired, the Journal of proceedings be WILLIAM H. PRYOR, JR., OF ALABAMA, TO BE A MEM- BER OF THE UNITED STATES SENTENCING COMMISSION tact Sara Tucker at (202) 224–6224, or approved to date, the time for the two FOR A TERM EXPIRING OCTOBER 31, 2017, VICE WILLIAM John Assini at (202) 224–9313. leaders be reserved for their use later B. CARR, JR., TERM EXPIRED. f in the day; that following any leader IN THE ARMY remarks, the Senate be in a period of THE FOLLOWING ARMY NATIONAL GUARD OF THE PRIVILEGES OF THE FLOOR UNITED STATES OFFICERS FOR APPOINTMENT IN THE morning business for 1 hour, with Sen- RESERVE OF THE ARMY TO THE GRADES INDICATED Ms. STABENOW. Mr. President, I ask ators permitted to speak therein for up UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: unanimous consent that Lara Flint, a to 10 minutes each, with the time To be major general detailee on the Senate Judiciary Com- equally divided and controlled between BRIGADIER GENERAL LOUIS H. GUERNSEY, JR. mittee, be granted the privilege of the the two leaders or their designees, with BRIGADIER GENERAL MATTHEW T. QUINN floor for the duration of calendar year the majority controlling the first half BRIGADIER GENERAL KENNETH L. REINER 2013. and the Republicans controlling the To be brigadier general The PRESIDING OFFICER. Without final half; further, that following COLONEL STEPHEN G. KENT objection, it is so ordered. morning business, the Senate resume COLONEL JUAN A. RIVERA IN THE NAVY f consideration of S. 649, the gun safety legislation, and the time until the re- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEASURES READ THE FIRST cess for the caucus meeting be for de- TO THE GRADE INDICATED IN THE UNITED STATES NAVY TIME—S. 729, S. 730 UNDER TITLE 10, U.S.C., SECTION 624: bate only; finally, that the Senate re- To be commander Mr. BEGICH. Mr. President, I under- cess from 12:30 p.m. until 2:15 p.m. to stand there are two bills at the desk. I allow for the weekly caucus meetings. MARIA V. NAVARRO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ask for their first reading en bloc. The PRESIDING OFFICER. Without TO THE GRADE INDICATED IN THE UNITED STATES NAVY The PRESIDING OFFICER. The objection, it is so ordered. UNDER TITLE 10, U.S.C., SECTION 624: clerk will read the titles of the bills for f To be captain the first time en bloc. SHANE G. HARRIS ADJOURNMENT UNTIL 10 A.M. The assistant legislative clerk read TOMORROW IN THE COAST GUARD as follows: PURSUANT TO THE AUTHORITY OF SECTION 271(D), A bill (S. 729) to protect law-abiding citi- Mr. BEGICH. Mr. President, if there TITLE 14, U.S. CODE, THE FOLLOWING OFFICERS FOR AP- zens by preventing criminals from obtaining is no further business to come before POINTMENT TO THE GRADE INDICATED IN THE U.S. COAST GUARD: firearms. the Senate, I ask unanimous consent A bill (S. 730) to prevent criminals from ob- that it adjourn under the previous To be rear admiral taining firearms through straw purchasing order. BRUCE D. BAFFER and trafficking. MARK E. BUTT There being no objection, the Senate, DAVID R. CALLAHAN Mr. BEGICH. I now ask for a second at 6:23 p.m., adjourned until Tuesday, STEPHEN P. METRUCK reading and object to my own request April 16, 2013, at 10 a.m. JOSEPH A. SERVIDIO PURSUANT TO THE AUTHORITY OF SECTION 12203(A), en bloc. f TITLE 10, U.S. CODE, THE FOLLOWING OFFICERS FOR AP- The PRESIDING OFFICER. Objec- POINTMENT TO THE GRADE INDICATED IN THE U.S. NOMINATIONS COAST GUARD RESERVE: tion having been heard, the bills will receive their second reading on the Executive nominations received by To be rear admiral next legislative day. the Senate: KURT B. HINRICHS THE JUDICIARY f VERNON S. BRODERICK, OF NEW YORK, TO BE UNITED f ORDERS FOR TUESDAY, APRIL 16, STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT 2013 OF NEW YORK, VICE DEBORAH A. BATTS, RETIRED. UNITED STATES SENTENCING COMMISSION CONFIRMATION Mr. BEGICH. Mr. President, I ask RACHEL ELISE BARKOW, OF NEW YORK, TO BE A MEM- Executive nomination confirmed by unanimous consent that when the Sen- BER OF THE UNITED STATES SENTENCING COMMISSION the Senate April 15, 2013: ate completes its business today, it ad- FOR A TERM EXPIRING OCTOBER 31, 2017, VICE BERYL A. HOWELL, TERM EXPIRED. THE JUDICIARY journ until 10 a.m. on Tuesday, April CHARLES R. BREYER, OF CALIFORNIA, TO BE A MEM- 16, 2013; that following the prayer and BER OF THE UNITED STATES SENTENCING COMMISSION BEVERLY REID O’CONNELL, OF CALIFORNIA, TO BE FOR A TERM EXPIRING OCTOBER 31, 2015, VICE RUBEN UNITED STATES DISTRICT JUDGE FOR THE CENTRAL pledge, the morning hour be deemed CASTILLO, TERM EXPIRED. DISTRICT OF CALIFORNIA.

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HONORING THE NEW LIFE CONGRATULATIONS TO EDEN EANOR HOLMES NORTON, to honor the extraor- CHRISTIAN SCHOOL PRAIRIE BOYS SWIM TEAM dinary life of Elzora Mae Brown, a fourth-gen- STATE CHAMPIONS eration, three-time cancer survivor and life- HON. JOHN K. DELANEY long champion for breast cancer awareness OF MARYLAND HON. ERIK PAULSEN and research among women of color. With her IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA passing on March 3, 2013, we look to the out- Monday, April 15, 2013 IN THE HOUSE OF REPRESENTATIVES standing quality of her life’s work and the Monday, April 15, 2013 countless lives she touched and saved over Mr. DELANEY. Mr. Speaker, I rise today to the course of her career in advocacy. honor the New Life Christian School, an edu- Mr. PAULSEN. Mr. Speaker, I rise today to Born March 20, 1949 in Holdenville, Okla- cational institution in my district celebrating its congratulate the Eden Prairie Boys Swim homa, Elzora Mae Brown received a bach- 25th Anniversary on April 22, 2013. Team on their outstanding performance at this elor’s degree in business administration from Since its founding in 1988, the New Life year’s Minnesota State High School League Oklahoma State University before moving to Meet. The Eden Prairie Boys put on a domi- Christian School has served as an organiza- the Washington, D.C. area, where she would nating performance, winning their second state tion where our community’s young adults can live for the next 30 years. Ms. Brown received grow personally and academically. The championship in as many years. This Eden Prairie team has now gone two a wealth of experience in public communica- school’s students have acted as role models tion through her role assisting the lobbying of- for their peers, and they should be proud of consecutive seasons undefeated, ending the year with a 7–0 record. fice of the Ford Motor Company. In 1976, she their academic accomplishments. secured an administrative assistant’s post at I ask that you and my other distinguished This dream season, as described by the team’s coach, Kelly Boston, was capped off by the White House, which led to a quick ascent colleagues help me in honoring the significant in communications positions, including becom- occasion of the New Life Christian School’s winning performances by many of the team’s members. Two relay teams and three indi- ing assistant director for public affairs at the 25th Anniversary. The school is a model orga- vidual swimmers captured state titles at the Federal Communications Commission and nization and will remain an inspiration in our meet, and the Eden Prairie squad amassed 9 public affairs director with the Broadcast Cap- community for many generations to come. total top-three finishes while breaking state ital Fund. f records in the 400 freestyle relay and the 200 At the age of 32, Ms. Brown was diagnosed A TRIBUTE IN HONOR OF THE medley relay. with breast cancer. As the youngest of eight LIFE OF THE HONORABLE WIL- All of these student athletes, their parents children, she was prepared to face the same LIAM H. ROYER and their coaches deserve praise for their disease that had struck her great-grand- dedication and determination. mother, grandmother, mother, and three sis- It’s an honor to be able to represent, and ters. In most cases, swift action via mastec- HON. ANNA G. ESHOO recognize, such all-star athletes. Congratula- tomy had saved her family members’ lives. OF CALIFORNIA tions! Only her late sister Belva Brissett lost a 12- IN THE HOUSE OF REPRESENTATIVES f year battle with breast cancer in 1990. As Ms. Monday, April 15, 2013 HONORING WASHINGTON STATE Brown took actions to save her life, she de- Ms. ESHOO. Mr. Speaker, I rise today to GOVERNOR BOOTH GARDNER cided to use her experience as a sounding honor a former member of the House of Rep- board for other women. She eventually under- resentatives, Congressman William H. Royer, HON. DAVID G. REICHERT went two mastectomies and multiple treat- who served in the House from 1979 to 1981 ments throughout a courageous and continued OF WASHINGTON after winning a special election to succeed the battle with bouts of breast and ovarian cancer IN THE HOUSE OF REPRESENTATIVES late Leo J. Ryan who was slain in Jonestown, over the years. Yet, she was able to channel Guyana. Monday, April 15, 2013 the power of these challenges into a trail- Bill Royer was born in Jerome, Idaho, on Mr. REICHERT. Mr. Speaker, today I rise to blazing advocacy campaign. April 11, 1920, and died on April 8, 2013, at honor and remember the life of Washington In the 1980s, her minority and media-fo- the age of 92. At the time of his death he was State Governor Booth Gardner. He brought cused public relations position at the Broad- the 15th oldest former member of the House. thought and care to everything he did. While cast Capital Fund allowed her to spearhead He was brought to Redwood City, California running for King County Sheriff, Governor televised public service announcements about by his family as a young boy, and lived there Gardner and four other Washington State gov- breast cancer that aimed to reach inner-city his entire life. He was a graduate of Sequoia ernors came together to an event to show women. A short film about preventative care, High School and Santa Clara University which their support for me. It touched me deeply that ‘‘Once a Year . . . For a Lifetime,’’ which she he attended on a baseball scholarship, and he he would take the time to make that public helped to produce, featured celebrities such did graduate work at Oklahoma State Univer- gesture, and his words of encouragement still as Phylicia Rashad from ‘‘The Cosby Show’’ sity. He served his country in the U.S. Army resonate with me today. Governor Gardner reading personal testimony from cancer pa- Air Corps from 1943 to 1945 and enjoyed a fought for what he believed in with passion tients—including the diaries of Belva Brissett. successful career in real estate. and conviction, and was a champion of many Ms. Brown noted that few, if any, mammo- Bill Royer served on the Redwood City City of the causes close to my own heart, such as gram summits and information forums at the Council from 1950 to 1966, and twice served improving U.S. trade relations and the edu- time were targeted to African American, minor- as mayor. He was a member of the San cation of our children. With his death last ity, and underserved women. She began Mateo County Board of Supervisors from 1973 month, Washington lost one of its fiercest ad- speaking to local churches, clinics, and civic to 1979. vocates, but his legacy lives on. groups about the benefits of self-examination Bill Royer was predeceased by his beloved f and mammograms, while dispelling false no- wife of 69 years, Shirley Royer, and leaves his HONORING ELZORA MAE BROWN tions of breast cancer as a white women’s sons Dennis and Peter, their wives and chil- issue. By 1989, Ms. Brown had organized the dren, and many grandchildren. Breast Cancer Resource Committee, BCRC, Mr. Speaker, I ask the entire House to join HON. BARBARA LEE with the mission of reducing the dispropor- OF CALIFORNIA me in honoring our former colleague who tionate breast cancer mortality rates among IN THE HOUSE OF REPRESENTATIVES served his community and his country with African American women by 50 percent at the great devotion and distinction, and in express- Monday, April 15, 2013 end of the century through education, preven- ing our most sincere sympathy to his sons and Ms. LEE of California. Mr. Speaker, I rise tion, and early detection. An offshoot of this their families. today with my colleague, Congresswoman EL- initiative was named in honor of her late sister

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

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K15AP8.001 E15APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E456 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 2013 and co-founder: the Belva Brissett Advocacy MARYLAND’S LEGISLATURE’S claim that corporations have political Center. SUPPORT OF A CONSTITUTIONAL rights. In 1991, Ms. Brown was appointed by Presi- AMENDMENT TO OVERTURN THE Corporations enjoy special state-conferred dent George H.W. Bush to the National Can- SUPREME COURT CASE, CITI- economic and legal advantages not enjoyed ZENS UNITED V. FEC by natural persons, including limited liabil- cer Advisory Board. As the first African Amer- ity of the shareholders, perpetual life of the ican woman to serve in this post, she was corporation itself, and favorable treatment able to direct vital funding toward inner-city HON. CHRIS VAN HOLLEN of the accumulation and distribution of as- cancer screenings and invite hundreds of OF MARYLAND sets. These advantages permit corporations leaders from the nation’s black community to IN THE HOUSE OF REPRESENTATIVES to amass vast sums of money that are spent properly for economic purposes but not for participate in education forums. She served on Monday, April 15, 2013 the President’s Special Commission on Breast the purposes of intervening in democratic Cancer from 1992 to 1994, organizing the Mr. VAN HOLLEN. Mr. Speaker, I would like politics and entrenching corporate power. Cancer Awareness Program Services, CAPS. to submit the following: Article V of the United States Constitu- In January 2010, the Supreme Court issued And in 1993, Ms. Brown proudly helped orga- tion empowers the people, the states and the a decision in Citizens United v. FEC that fun- Congress to use the constitutional amending nize the Washington D.C.-based breast cancer damentally overturned American campaign fi- process to protect republican self-govern- survivor support group for African American nance laws by treating corporations as ‘‘per- ment. women, ‘‘Rise, Sister Rise.’’ Among countless sons’’ under the First Amendment, thus ena- This power has repeatedly been used by the local and national accolades, Ms. Brown also bling CEOs to make unlimited expenditures people when the Supreme Court has under- co-authored the 2003 book, ‘‘100 Questions from corporate treasuries into political cam- mined the progress or popular democracy. and Answers About Breast Cancer.’’ paigns. An estimated $1 billion of outside As Members of the Maryland General As- Today, California’s 13th Congressional Dis- money, an unprecedented amount, was spent sembly, we sharply disagree with the major- ity decision in Citizens United v. Federal trict and the District of Columbia salute and in the 2012 election. Of this amount, an esti- honor an outstanding individual and a stalwart Election Commission and call upon the mated $400 million was received from anony- United States Congress to propose and send community leader, Ms. Elzora Mae Brown. Her mous sources as it was channeled through invaluable service to our nation will be forever to the states for ratification as soon as is entities that do not have to identify their do- practicable a constitutional amendment to supported by the endless legacy of her work. nors. The impact of this secret special interest reverse this decision and restore fair elec- We offer our sincerest condolences to her be- money will greatly diminish the integrity of our tions and democratic sovereignty to the loved family and to the many friends and as- electoral process. states and to the people. sociates whose lives she touched over the Many legislative solutions have been identi- Very truly yours, course of her incredible life. She will be deeply fied to correct this trend that damages our de- Del. Aisha Braveboy; Del. Alfred Carr; Del. missed. mocracy. One alternative would reverse the Ana Sol Gutierrez; Del. Anne Healey; Del. decision of the Court through an amendment Anne Kaiser; Del. Ariana Kelly; Del. Aruna f Miller; Del. Barbara Frush; Del. Benjamin to the Constitution. Senator Jamie Raskin, Kramer; Del. Bonnie Cullison; Del. Brian IN HONOR OF THE 100TH ANNIVER- from the State of Maryland, has made a sig- Feldman; Del. Brian McHale; Del. C.T. Wil- SARY OF THE BOROUGH OF LAU- nificant contribution to the development of son; Del. Cheryl Glenn; Del. Craig Zucker; REL SPRINGS Federal legislation that would overturn the Citi- Del. Curt Anderson; Del. Dan Morhaim; Del. zens United case. Moreover, Senator Raskin Dana Stein; Del. Doyle Niemann; Del. Eliza- has been a leader in the Maryland State Sen- beth Bobo. HON. ROBERT E. ANDREWS ate in amassing support from Maryland legis- Del. Emmett Burns; Del. Eric Leudtke; Del. Frank Turner; Del. Galen Clagett; Del. OF NEW JERSEY lators to call upon the U.S. Congress to pass a Constitutional Amendment to correct this de- Geraldine Valentino-Smith; Del. Guy IN THE HOUSE OF REPRESENTATIVES cision. I would like to commend Senator Guzzone; Del. Hattie Harrison; Del. ; Del. James Gilchrist; Del. James Monday, April 15, 2013 Raskin for his work to strengthen the integrity Hubbard; Del. James Malone; Del. James of our electoral process. Mr. ANDREWS. Mr. Speaker, I rise today to Proctor; Del. Jay Walker; Del. Jill Carter; honor the One-hundredth Anniversary of the THE MARYLAND GENERAL ASSEMBLY, Del. Jon Cardin; Del. John Olszewski; Del. Annapolis, MD, January, 2012. John Wood; Del. Jolene Ivey; Del. Joseline founding of the Borough of Laurel Springs. TO THE HONORABLE MEMBERS OF THE Pena-Melnyk; Del. Joseph Minnick. On April 2, 1913, the people of Laurel UNITED STATES CONGRESS: We, the Under- Del. Joseph Vallario; Del. Justin Ross; Del. Springs broke with Clementon Township to signed Members of the Maryland General As- Kathleen Dumais; Del. Keiffer Mitchell; Del. form their own community. In the past century, sembly, call upon you to pass a constitu- Keith Haynes; Del. Kiri11 Reznick; Del. Kris Laurel Springs has been a peaceful place to tional amendment to reverse the United Valderama; Del. Kumar Barve; Del. Luke call home for many, and a relaxing destination States Supreme Court’s 5–4 ruling in Citizens Clippinger; Del. Maggie McIntosh; Del. United v. Federal Election Commission for people from near and far. Its idyllic South Marvin Holmes; Del. Mary Washington; Del. (2010), which declared that corporations Melvin Stukes; Del. Michael Summers; Del. Jersey location has been appreciated for cen- enjoy the First Amendment political rights turies. Michael Weir; Del. Norman Conway; Del. of the people and toppled dozens of state and Pamela Beidle; Del. Peter Hammen; Del. Poet Walt Whitman spent much of his time federal laws and many decades of judicial Peter Murphy; Del. Rudolph Cane. precedent preventing corporations (and between 1876 and 1884 in a summer house Del. Sam Arora; Del. Sandy Rosenberg; in what later became the Borough of Laurel unions) from spending corporate (and union) treasury funds in political campaigns. Del. Shane Pendergrass; Del. Shane Robin- Springs. It was there that he wrote portions of This radical departure from judicial prece- son; Del. Shaw Tarrant; Del. Sheila Hixson; his renowned collection Leaves of Grass. Of dent and democratic values has already Del. Shirley Nathan-Pulliam; Del. Stephen Laurel Lake, Whitman simply wrote that it was brought a torrent of corporate money, much Lafferty; Del. Steven DeBoy; Del. Susan Lee; ‘‘the prettiest lake in either America or Eu- of it secret, into American politics, fun- Del. Talmedge Branch; Del. Tawanna Gaines; rope.’’ Whitman’s praise revealed this well- damentally distorting public elections and Del. Theodore Sophocleus; Del. Tom Hucker; kept secret to the world, attracting residents campaigns for public office. The decision Del. Veronica Turner; Sen. Bill Ferguson; poses a direct and dramatic threat to govern- Sen. Brian Frosh; Sen. Catherine Pugh; Sen. and visitors and helping the community grow Delores Kelley; Sen. Edward Kasemeyer. and thrive. ment ‘‘of the people, by the people and for the people.’’ Sen. James Brochin; Sen. James Robey; Mr. Speaker, this beautiful community has By bringing corporations into the heart of Sen. James Rosapepe; Sen. Jamie Raskin; served as a home to generations of New the political process, Citizens United Sen. Jennie Forehand; Sen. Joan Carter- Jerseyans and a home away from home for changes the character of democracy. For- Conway; Sen. Joanne Benson; Sen. John tourists from around the world. On the centen- profit corporations (except benefit corpora- Astle; Sen. Karen Montgomery; Sen. Kath- nial of the creation of the borough, the citi- tions) are legally hound to pursue the maxi- erine Klausmeier; Sen. Lisa Gladden; Sen. zens, mayor, and council of Laurel Springs mization of profits and economic advantage Nancy King; Sen. Nathaniel McFadden; Sen. in all of their endeavors. This is one reason Norman Stone; Sen. Paul Pinsky; Sen. Rich- should be congratulated for reaching this mile- why most United States Supreme Court Jus- ard Madaleno; Sen. Robert Garagiola; Sen. stone. I join all of South Jersey in wishing the tices, from Chief Justice john Marshall to Robert Zirkin; Sen. Roger Manno; Sen. Ron- people of Laurel Springs another hundred Chief Justice William Rehnquist. to Justice ald Young; Sen. Thomas Middleton; Sen. years of happiness and prosperity for their Byron White to the four dissenting justices Ulysses Currie; Sen. Verna Jones Rodwell; community. in Citizens United v. FEC, have rejected the Sen. Victor Ramirez.

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A15AP8.003 E15APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 15, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E457 RECOGNIZING DR. KUMAR only four seasons with seven or more losses. In the years since, the school has greatly MAHADEVAN This year, Hopkins completed the season win- expanded. The campus now includes voca- ning 28 games and losing just one. tional education buildings; an alternative HON. VERN BUCHANAN The path to achieving greatness is never school, Lina’la Malawasch Academy; and a uncontested, as the girls found out. But de- OF FLORIDA performing arts building. Hopwood now has spite the one loss, this team took the state the second largest student body of any Saipan IN THE HOUSE OF REPRESENTATIVES tournament with more than a ten point win school, serving nearly 1,200 young scholars. Monday, April 15, 2013 over each opponent they faced. Along with improvements in the physical fa- Mr. BUCHANAN. Mr. Speaker, I rise to rec- All of these student athletes, their parents cility, so too have academic opportunities, stu- ognize my constituent, Dr. Kumar Mahadevan, and their coaches deserve praise for their dent achievement and faculty development for his many contributions to marine science. dedication and determination. evolved. One significant milestone reflective of Dr. Mahadevan is retiring in May from his It’s an honor to be able to represent, and this ongoing advancement was reached in position as chief executive and president of recognize, such all-star athletes. Congratula- 1993, when the school was granted prelimi- Mote Marine Laboratory, which is a private re- tions! nary accreditation by the Western Association search center and aquarium based in Sara- f of Schools and Colleges. It continues today as sota, Florida. CONGRATULATING HOPWOOD JUN- a fully accredited member of WASC. Hopwood’s motto is ‘‘We Make Everyday Dr. Mahadevan joined Mote Marine in 1978 IOR HIGH SCHOOL ON ITS 50TH the Best.’’ This upbeat attitude is reflected in as a senior scientist and became chief execu- ANNIVERSARY tive and president in 1986. the faces and in the actions of the school’s Under his leadership, Mote has grown from HON. GREGORIO KILILI CAMACHO students, teachers, and staff alike. This drive a small research facility to an internationally to be the best is also reflected in the wide recognized laboratory of marine science and a SABLAN range of co-curricular and sports activities in local treasure teaching children and adults OF THE NORTHERN MARIANA ISLANDS which students participate and represent their about sea life and conservation. IN THE HOUSE OF REPRESENTATIVES school so well. By way of example, in recent During his tenure, Mote has added an Monday, April 15, 2013 years Hopwood Junior High students have aquarium that attracts more than 350,000 an- won awards in the National Junior Forensic Mr. SABLAN. Mr. Speaker, just over 50 League regional competition, regional spelling nually and expanded to include a 200-acre years ago, in the fall of 1962, the first school Aquaculture Park in eastern Sarasota County, bees, Academic Challenge Bowls, regional to offer secondary education in the Northern thespian competitions, and local essay and research field stations on Pine Island in Char- Mariana Islands was renamed Hopwood Jun- lotte Harbor and Summerland Key in the Flor- logo contests. This diversity extend to the ath- ior Senior High School, in honor of Admiral letic fields, as well, where Hopwood students ida Keys, satellite offices in Punta Gorda and Herbert Gladstone Hopwood, a Naval officer Boca Grande and a second public outreach have won numerous track and field, cross with 42 years of distinguished service to our country, soccer, volleyball, and basketball exhibit dedicated to coral reefs in the Eco-Dis- country, including 3 years as Commander-in- covery Center in Key West. competitions. Chief of the Pacific Fleet. From its humble beginnings in 1949 and to The nonprofit’s annual operating budget has The school had been founded following the this day, Hopwood is recognized as an institu- increased from approximately $2 million in end of World War II, as our community turned tion that has played a historic role in our com- 1978 to more than $17 million and its staff has from the harrowing years of desperate survival munity and that continues to serve a vital role grown from 52 members to 192 members, in- to the work of rebuilding our islands and im- in the lives of our students and our commu- cluding 31 doctorate-level scientists who are proving the lives of those who lived there. The nity. I have great confidence that the school leaders in their fields. American administration of the Trust Territory will continue to distinguish itself in the years to I was proud to serve on the board at Mote of the Pacific Islands directed that uniform come. And I offer my congratulations to all prior to my election to Congress. I have seen public education be implemented throughout those who have been affiliated with Hopwood firsthand the positive impact that Dr. Micronesia; and in September 1949 secondary Mahadevan has had on public policy to revi- education was introduced in the Northern Mar- Junior High School over these many years— talize and sustain marine resources through iana Islands with the establishment of Saipan teachers, staff, students, alumni, and parents. science based outreach and education. Intermediate School, offering classes for f Although he is stepping down from his cur- grades seven through nine. RECOGNITION OF RYAN DAHMER rent position, I am pleased that Dr. At first, the small school shared a campus Mahadevan will stay on as president emeritus, with Chalan Kanoa Elementary School, but HON. SHELLEY MOORE CAPITO Saipan Intermediate moved to its own campus which will allow him to continue to promote the OF WEST VIRGINIA lab’s research and development. in the village of Chalan Piao in 1952, where IN THE HOUSE OF REPRESENTATIVES In the meantime, I appreciate this oppor- classes were held in reconditioned wartime tunity to express my deep appreciation for his Quonset huts. The original curriculum included Monday, April 15, 2013 outstanding contributions to Mote Marine Lab- arithmetic, English, native languages, science, Mrs. CAPITO. Mr. Speaker, I rise today to oratory and the field of marine science. history, geography, domestic arts, crafts, voca- recognize the achievement of my constituent, f tional training, and music. Teacher training Ryan Dahmer, a young man from Franklin, courses were also established. West Virginia, who recently earned the rank of CONGRATULATIONS TO HOPKINS During these early years in the reconstruc- Eagle Scout. Ryan’s accomplishment is the re- GIRLS BASKETBALL STATE tion of the Northern Mariana Islands edu- sult of years of hard work and service, which CHAMPIONS cational options beyond ninth grade were lim- has undoubtedly benefitted his neighbors and ited. There were few private high schools and, the community in which he lives. HON. ERIK PAULSEN prior to 1962, no public high schools. But the Ryan Dahmer began serving his community OF MINNESOTA desire for formal educational advancement as a young boy by joining the Cubs Scouts, IN THE HOUSE OF REPRESENTATIVES had already established a foothold in our soci- eventually earning the Arrow of Light, the or- ety. ganization’s honor society and Eagle Scout Monday, April 15, 2013 In the late 1950’s, Saipan Intermediate equivalent. Since becoming a Boy Scout, Mr. PAULSEN. Mr. Speaker, I rise today to School was renamed Hopwood Intermediate Ryan’s community involvement has only in- congratulate the Hopkins Girls Basketball School. And then in 1962, it was renamed creased. Last year, he participated in the 2012 Team. Hopwood Junior Senior High School to recog- Youth and Government Seminar and met On March 16, 2013 the Hopkins Girls Team nize the enrollment of tenth grade students. State Senator Clark Barnes and Delegate won the Minnesota State High School Basket- This first class of public high school students Allen Evans, his local representatives in the ball tournament for the third consecutive year, in the Northern Mariana Islands then grad- state legislature. making them the first Class 4A School to win uated from Hopwood in 1965. In December 2012, Ryan completed the re- three consecutive championships since the But Hopwood’s time as a senior high school quirements to become an Eagle Scout and will tournament expanded to four classes. was short. In 1969 a new and larger public be officially recognized during an Eagle Court Head Coach Brian Cosgriff has undoubtedly high school opened on Saipan; and Hopwood of Honor on April 21, 2013. In order to be- accomplished something great with this pro- assumed its current name of Hopwood Junior come an Eagle Scout, Ryan completed a com- gram. During Cosgriff’s era, Hopkins has had High School. munity service project focused on safety and

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15AP8.007 E15APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E458 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 2013 beautification at the Franklin Town Park. The OUR UNCONSCIONABLE NATIONAL outcomes post-hospitalization, patient satisfac- project included painting buildings, picnic ta- DEBT tion, and affordability. bles and trash cans, laying mulch, repairing This is only the second time such a list has playground equipment, and conducting a safe- HON. MIKE COFFMAN been released and KVH Hospital has been on ty survey. OF COLORADO the list both times. KVH is one of only two Ryan Dahmer lives with his family in Pen- IN THE HOUSE OF REPRESENTATIVES hospitals in Washington State to receive this dleton County, West Virginia. After high distinction and has repeatedly shown itself to school, Ryan plans to attend Fairmont State Monday, April 15, 2013 be a champion for the well-being of their pa- University and pursue a degree in aviation. Mr. COFFMAN. Mr. Speaker, on January 3, tients. It is truly committed to improving the Mr. Speaker, the Boy Scout Oath encour- 2009, the day I took office, the national debt communities it serves. Again, I applaud KVH ages young scouts do their best for God and was $10,627,961,295,930.67. for its dedication to providing communities with country. Indeed, Ryan Dahmer has done his Today, it is $16,819,547,647,482.89. We’ve superior patient care and achieving this high duty, by serving his community and making added $6,191,586,351,552.22 to our debt in 4 honor. I encourage it to continue its practices Franklin, West Virginia a better place. years. This is $6.1 trillion in debt our nation, shown to improve patient health outcomes and f our economy, and our children could have satisfaction, and I hope that other critical ac- avoided with a Balanced Budget Amendment. cess hospitals from Washington State and HONORING ITNAMERICA FOR DE- We must stop this unconscionable accumula- across the nation will strive to copy KVH’s LIVERING A HALF-MILLION SEN- tion of debt. success. IOR RIDES f f HON. CHELLIE PINGREE CONGRATULATIONS TO EDINA RECOGNIZING THE RECIPIENTS OF OF MAINE BOYS HOCKEY STATE CHAMPIONS THE DALE CITY MULTICUL- TURAL ACHIEVEMENT AWARDS IN THE HOUSE OF REPRESENTATIVES Monday, April 15, 2013 HON. ERIK PAULSEN OF MINNESOTA HON. GERALD E. CONNOLLY Ms. PINGREE of Maine. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA would like to congratulate an organization IN THE HOUSE OF REPRESENTATIVES based in my district on reaching an important Monday, April 15, 2013 Monday, April 15, 2013 milestone. With its beginnings in Portland, Mr. PAULSEN. Mr. Speaker, I rise today to Maine, the senior transportation service congratulate the Edina Boys Hockey Team on Mr. CONNOLLY. Mr. Speaker, I rise to rec- ITNAmerica provided its half-millionth ride in their impressive performance at the State ognize the 2013 recipients of the Dale City March 2013. Hockey Tournament victory on March 9, 2013. Multicultural Achievement Awards sponsored Designed to recreate the comfort, conven- The team defeated Hill Murray High School by the Dale City Christian Church. The Dale ience, and independence of private automobile in the finals to win their 11th State Tour- City Multicultural Achievement Awards began ownership, ITNAmerica offers rides to seniors nament title and end their season with a 22– in 1984 to educate youth about the achieve- who can no longer drive their own vehicles. 6 winning record. This game served as the ments of African–Americans under the adopt- Using a network of paid and volunteer drivers, programs’ rubber match, with Edina winning ed motto, ‘‘For if a man does not know his his- the organization offers ‘‘arm-through-arm and the championship in 1988 and Hill Murray tory, he cannot know his future.’’ door-through-door service’’ seven days a evening the series in 2008. This year, Edina Currently in its 29th year, the Dale City week, 24 hours a day. With an average age came out the victor once again. Multicultural Achievement Awards banquet is of 85, riders use the service for anything from The Edina Boys hockey program carries on an annual event honoring individuals who shopping trips to doctor’s appointments. a proud tradition of success in athletics at show an exceptional devotion to their commu- Reading the stories of its riders, it’s clear Edina High School under the coaching staff of nity through service. The purpose of the event that ITNAmerica’s service is not just about Curt Giles. is two–fold: To highlight the extraordinary work getting seniors from Point A to B. All of these student athletes, their parents of individuals who are improving the lives of Without the ability to drive, seniors can find and their coaches deserve praise for their people within the local community and to offer themselves suddenly shut off from services, dedication and determination. scholarship assistance to high school seniors friends, and the world—with terrible repercus- It is an honor to be able to represent, and pursuing higher education. The banquet pro- sions for their health and wellbeing. Just as recognize, such all-star athletes. Congratula- motes higher education and independence by sadly, our communities can also lose out on tions! providing guidance and financial assistance to the many things they have to offer. This serv- f students, which helps instill the honorees with ice allows seniors to keep their freedom and national, community, and family pride. quality of life while maintaining their connec- CONGRATULATIONS KITTITAS The 2013 recipients are graduating high tions to businesses, churches, and volunteer VALLEY HEALTHCARE (KVH) school seniors, public servants, business lead- commitments. And along the way, they de- HOSPITAL ers, local church leaders, and members of the velop lasting friendships with their drivers and Dale City Christian Church congregation. It is fellow riders. HON. DAVID G. REICHERT my honor to enter into the CONGRESSIONAL Executive Director Katherine Freund found- OF WASHINGTON RECORD the names of the recipients of the ed the organization in 1995 after her 3-year- IN THE HOUSE OF REPRESENTATIVES 2013 Dale City Multicultural Achievement old son was injured by an elderly driver. Kath- Awards: Monday, April 15, 2013 erine decided the accident was less the fault Pastoral Leadership Award: Dr. Derek Grier. of the driver than of a system that does not Mr. REICHERT. Mr. Speaker, today I rise to Religious Leadership Award: Rev. Morris adequately meet the transportation needs of applaud the Kittitas Valley Healthcare (KVH) Bussie. seniors who live past their driving years. From Hospital for being named among the top 100 Educational Leadership Award: Ms. Anita humble beginnings, ITNAmerica has grown to critical access hospitals in the nation. Having Flemons, Mr. Terrence Davenport. 23 affiliates in 18 states across the country immediate, quality care can make the dif- Professional Leadership Award: Dr. Kiana and Katherine has earned numerous awards ference between saving a life and losing it, Rene Trent. and accolades for the difference she has and I am so proud that a facility like KVH is Community Service Award: Dale City Sports made in the lives of seniors. serving the constituents of Washington’s 8th Club, Cecil and Veronica Anderson. While it took 18 years to reach the first half- District. Critical access hospitals are institu- Business Achievement Award: Ms. Michelle million rides, ITNAmerica expects to deliver its tions that are at least 35 miles away from an- McKinney. millionth ride in only three years from now. other hospital and have a maximum of 27 Christian Service Award: Ms. Marguerette With millions of baby boomers soon retiring, acute care beds. All 100 of these institutions Swift, Mr. Thomas Martin. this service is more important than ever. My are to be commended for their work ensuring Faithfulness Award: Deaconess Edna sincere congratulations and appreciation go to access to quality healthcare for all citizens, Fulcher, Trustee George Boggs. Katherine Freund, ITNAmerica, its affiliates, and especially those living in rural areas. KVH Dedicated Christian Family Award: Deacon staff, volunteers, and, indeed, riders on reach- was chosen to be in the top 100 because it Bedford, Deaconess Karen King and Family. ing this incredible milestone. provides exceptional quality of care, patient Senior Leadership Award: Miss Tyra Bland.

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15AP8.010 E15APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 15, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E459 Senior Christian Service Award: Miss Dene put themselves in harm’s way to protect our total revenues generated by all minority owned Middleton, Master Latrell Riley. residents I say: ‘‘Stay safe.’’ businesses in this region. Junior Leadership Award: Master Kyle f Each year, the AACC recognizes busi- Stokes. nesses and non-profits in the Asian-American CELEBRATION OF ALFRED T. Junior Christian Service Award: Miss Faith community for their outstanding contributions LILLY, FLORENCE, MASSACHU- Leftridge, Master Samuel Thomas. to the Metropolitan Washington community SETTS 2013 High School Senior Scholarship Re- and economy. I congratulate the following indi- cipients: Miss Tyra Bland, Miss Marquetta viduals and businesses for receiving one of Inabinet, Miss Dene Middleton, Master Latrell HON. JAMES P. McGOVERN the 2013 Asian-American Chamber of Com- Riley. OF MASSACHUSETTS merce Awards: Mr. Speaker, I ask that my colleagues join IN THE HOUSE OF REPRESENTATIVES Asian Business Excellence Award: me in commending the 2013 Dale City Multi- Monday, April 15, 2013 Pragmatics, Inc. cultural Achievement Awards recipients for Small Business of the Year: Mr. MCGOVERN. Mr. Speaker, I rise today APS Pest Services. their dedication to building and maintaining a to acknowledge the 200th birthday of Alfred T. thriving community. Each recipient has made Asian Business Leader of the Year: Lilly, founder of the Lilly Library in Florence, S. Tien Wong (Lore Systems, Inc.). an impact on Dale City and with these awards Massachusetts. we hope to show them how much their con- Outstanding Corporate Partner Award: Mr. Lilly was a cornerstone of the Florence Wells Fargo. tributions are appreciated. community: He began as a superintendant of f Non-Profit of the Year: the Nonotuck Silk Company, eventually be- Becky’s Fund; Boys & Girls Clubs of Great- RECOGNIZING THE BURKE VOLUN- coming part owner of the company after er Washington, Fairfax Region. TEER FIRE AND RESCUE DE- Nonotuck became one of the largest and best- Volunteer of the Year: PARTMENT 65TH ANNUAL IN- known manufacturers of silk in the United Le Ha Anderson, Andrew Bittan. STALLATION OF OFFICERS BAN- States. Mr. Lilly helped found a number of Government Agency of the Year: QUET businesses in Florence, including the present- Fairfax County Economic Development day Florence Savings Bank. He believed that Agency. local businesses were an integral part of any Emerging Business of the Year: HON. GERALD E. CONNOLLY The W Salon. OF VIRGINIA vibrant community. Mr. Speaker, in 1888, Mr. Lilly recognized Next Generation Investment Award: IN THE HOUSE OF REPRESENTATIVES the need for a library in his community. By Erie Insurance. Monday, April 15, 2013 deeding the land where the building was to be Mr. Speaker, I ask that my colleagues join Mr. CONNOLLY. Mr. Speaker, I rise to join constructed, donating a considerable portion me in congratulating the honorees of the 2013 the Burke Volunteer Fire and Rescue Depart- of his personal library, and providing financial Asian-American Chamber of Commerce ment, which is hosting its 65th Annual Installa- support, Mr. Lilly led the efforts to construct Awards and in commending the Asian Amer- tion of Officers Banquet, to thank its volun- the library that now bears his name. Mr. ican Chamber of Commerce for its work to teers for filling an essential role in keeping the Speaker, Mr. Lilly was a philanthropist in the support Asian- and Pacific Islander-owned community safe. purest sense of the word and cared deeply businesses throughout our region. The Burke Volunteer Fire and Rescue De- about his community. His dedication, Mr. f partment was founded in January 1948, and Speaker, is the reason why, two centuries RECOGNIZING MS. JEAN PACKARD for 65 years has provided lifesaving, fire sup- after his birth, Alfred Lilly’s spirit thrives in the ON HER 90TH BIRTHDAY pression/prevention and emergency medical/ institution that he helped to form. rescue services to the residents of Burke, It is in recognition of his dedication and pas- Fairfax County, and the surrounding commu- sion, Mr. Speaker, that I ask my fellow Mem- HON. GERALD E. CONNOLLY nities. It also provides, houses, and maintains bers of the United States House of Represent- OF VIRGINIA firefighting and emergency medical equipment; atives to join me in honoring the great con- IN THE HOUSE OF REPRESENTATIVES provides opportunities for professional growth tributions Mr. Lilly made to the community of Monday, April 15, 2013 and development for the membership; and Florence. Mr. CONNOLLY. Mr. Speaker, I rise today maintains and fosters a strong viable organi- f to congratulate my dear friend and mentor zation. RECOGNIZING THE 2013 ASIAN– Jean Packard on her 90th birthday. As one of the most active volunteer fire and AMERICAN CHAMBER OF COM- Jean, who moved to Fairfax County in 1951, rescue departments in Fairfax County, the MERCE AND THE 2013 AWARD RE- got her start in public life the same way I did— Burke Volunteer Fire and Rescue Department CIPIENTS as president of her neighborhood civic asso- works in cooperation with the Fairfax County ciation. She likes to say that her first ‘‘win’’ Fire and Rescue Department to serve the HON. GERALD E. CONNOLLY was convincing the county to pick up trash— community. Last year alone, the Burke station a humble start to what would become five OF VIRGINIA handled 3,384 incidents and 4,881 unit re- decades of community leadership, particularly IN THE HOUSE OF REPRESENTATIVES sponses. on the environmental. Jean was unabashed For 2013, the following dedicated men and Monday, April 15, 2013 environmentalist long before most people women deserve special recognition for step- Mr. CONNOLLY. Mr. Speaker, I rise to ac- knew the meaning of that word. ping up to become officers and members of knowledge Asian-American Chamber of Com- Jean’s activities soon branched out beyond the board of directors: merce and the recipients of the 2013 Asian– her neighborhood, and she was elected presi- Chief: Thomas Warnock. American Chamber Awards. dent of the Fairfax Federation of Citizens As- Assistant Chief: Lawrence Bocknek. The Asian-American Chamber of Com- sociations. She was elected Chairman of the Deputy Chiefs: Tina Godfrey and John merce, AACC, is dedicated to improving eco- Fairfax Board of Supervisors, serving from Hudak. nomic development for Asian Pacific American 1972 to 1976. During that time, she also Captain; Melissa Ashby. Owned businesses in the Washington, DC re- Lieutenant: Keith O’Connor. served as chairman of the Metropolitan Wash- Sergeants: John Rose and Jennifer Babic. gion. The 11th District of Virginias is blessed ington Council of Governments. She later be- President: Patrick Owens. by its diversity. Roughly 1 in 4 residents are came the first woman in Virginia elected to Vice President: John Powers. foreign born and approximately 40 percent are serve on a regional soil and water conserva- Secretary: Larry Barnett. minorities. Half of our foreign-born population tion district board, a post in which she still Treasurer: Sheryl Gilhooly. emigrated from Asia and more than 80,000 of serves today. She has held numerous other Board Members: L. Joseph Dumas, Crystal our neighbors speak an Asian language at positions including: the state Soil and Water Eden, and Alisha Sunde. home. Northern Virginia has a robust inter- Conservation Board, the Northern Virginia Mr. Speaker, I ask that my colleagues join national business community and is home to Conservation Trust, the Interstate Commission me in congratulating the department for 65 the largest concentration of minority-owned on the Potomac River Basin, the Fairfax Land years of service and in thanking all of the technology firms in the nation. The AACC and Preservation Trust, and the Sierra Club’s na- brave volunteers who do not hesitate to drop its members contribute greatly to our eco- tional board. everything when the community calls in need nomic strength and stability; Asian-American For her extraordinary service to the citizens of help. To all of these men and women who businesses generate more than 52 percent of of Fairfax County, Jean has received many

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K15AP8.003 E15APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E460 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 2013 well–deserved awards and honors including highlighted the past but also gave Callaway Along with his service to the county, Walter Fairfax County Citizen of the Year, Fairfax County the opportunity to explore the future. has been an enthusiastic little league baseball County Conservationist of the Year, and the In closing, I ask all my colleagues to join me coach and serves on the steering committee Architecture Medal for Virginia Service from in honoring the National Churchill Museum’s of his Sunday School class at the United the Virginia Society of the American Institute ‘‘The Kingdom at Work’’ exhibit and its con- Christian Parish in Reston. When not volun- of Architects. tribution to the humanities. teering, he is Vice President of Environmental In 2010, I was honored to present Jean with f Affairs and Industry Sustainability at the Con- the Fairfax County Park Authority’s Sally sumer Electronics Association, where he leads IN RECOGNITION OF WALTER Ormsby Environmental Stewardship Award, environmental policy and electronics recycling ALCORN FOR RECEIPT OF LEAD- which is named in memory of our dear friend efforts as well as legislative initiatives impact- ERSHIP FAIRFAX’S KATHERINE and fellow community leader. In further rec- ing electronic product design, eco–labeling K. HANLEY PUBLIC SERVICE ognition of Jean’s contributions to environ- and hazardous materials restrictions. Prior to AWARD FOR 2013 mental causes, the Northern Virginia Con- CEA he was a consultant on electronics recy- servation Trust’s lifetime achievement award cling issues and co–founded the National Cen- was renamed the Jean R. Packard Award in HON. GERALD E. CONNOLLY ter for Electronics Recycling in 2005. From her honor in 2011. OF VIRGINIA 1992 to 2003 he worked at SAIC, where he It is no exaggeration to say that without IN THE HOUSE OF REPRESENTATIVES left as Deputy Division Manager in the Tech- Jean’s dedication and passion for our commu- Monday, April 15, 2013 nology Research Group. He resides in Reston nity and the environment, Virginia would have Mr. CONNOLLY. Mr. Speaker, I rise to rec- with his wife, Kristina, and their two children, more erosion, dirtier water, and fewer trees. ognize this year’s recipient of Leadership Fair- Ryan and Delia. He also enjoys a large circle Fairfax County in particular would not be the fax’s Katherine K. Hanley Public Service of friends, of which I am proud to be a mem- green, nationally-recognized environmental Award. This year’s award goes to Walter ber. steward it is today. Alcorn, whom I had the great pleasure of Mr. Speaker, I ask my colleagues to join me Mr. Speaker, I asked my colleagues to join working with during his sixteen years on the in congratulating Walter Alcorn for receiving of me in congratulating Jean Packard on her Fairfax County Planning Commission. the Katherine K. Hanley Public Service Award 90th birthday and thanking her for her dec- Leadership Fairfax is a nonprofit corporation and in thanking Leadership Fairfax for con- ades of service to our community and future dedicated to finding, training and growing tinuing to develop leaders for Northern Vir- generations through her environmental stew- leaders in Northern Virginia. Leadership Fair- ginia. ardship and example of civic engagement. fax seeks to build leaders who raise the tide f f not only in their organization or local commu- RECOGNIZING THE FAIRFAX COUN- nity but in the whole Northern Virginia region. RECOGNIZING THE NATIONAL TY POLICE DEPARTMENT RE- Graduates from its programs become part of CIPIENTS OF THE 2013 FAIRFAX CHURCHILL MUSEUM IN FULTON, and stay connected to a fast growing number COUNTY CHAMBER OF COM- MO of civic leaders. I’ve always said, ‘‘When you MERCE VALOR AWARDS walk into a crowded room it’s easy to spot the HON. BLAINE LUETKEMEYER graduates of Leadership Fairfax—they just OF MISSOURI stand out!’’ HON. GERALD E. CONNOLLY OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES Northern Virginia is blessed with many lead- ers who have given their time and service to IN THE HOUSE OF REPRESENTATIVES Monday, April 15, 2013 make a difference in our community. To rec- Monday, April 15, 2013 Mr. LUETKEMEYER. Mr. Speaker, I rise ognize these outstanding leaders among us, Mr. CONNOLLY. Mr. Speaker, I rise today today to recognize the National Churchill Mu- Leadership Fairfax instituted the Katherine K. to recognize an outstanding group of men and seum in Fulton, MO for its recent award from Hanley Public Service Award. This annual women in Northern Virginia. These individuals the Missouri Humanities Council honoring its award honors an individual for his or her out- have demonstrated superior dedication to pub- ‘‘The Kingdom at Work’’ exhibit. As part of the standing accomplishments in the areas of pub- lic safety and have been awarded the pres- ‘‘The Way We Worked’’ program instituted by lic service employment or service on a public tigious Valor Award by the Fairfax County the Missouri Humanities Council, this effort board, authority or commission and for lasting Chamber of Commerce. provided an excellent opportunity to display contributions to the quality of life in the com- The Valor Awards recognize remarkable the cultural history of the area and also dem- munity. heroism and bravery in the line of duty exem- onstrated the power of collaboration in our Walter Alcorn has stood out in our commu- plified by our public safety agencies and their local community. nity for many years. After graduating from the commitment to the community. Our public ‘‘The Kingdom at Work’’ exhibit focused on University of Virginia, he began his career as safety and law enforcement personnel put sharing the stories of how work became a a policy aide to then–Supervisor Kate Hanley, their lives on the line every day to keep our central element of American culture and the who was my predecessor as Chairman of the families and neighborhoods safe. This year’s many challenges and innovations affecting the Fairfax County Board of Supervisors. Kate ap- ceremony will recognize 36 individuals in a va- workforce and work environment. Concen- pointed him to the Fairfax County Planning riety of categories including: the Lifesaving trating on several broad categories, the exhibit Commission in 1996, and I had the honor of Award, the Certificate of Valor, the Bronze shared the unique stories of work from dif- reappointing him three times during my tenure Medal of Valor, and the Silver Medal of Valor. ferent walks of life in Callaway County over as Chairman. As Chair of the Planning Com- Twenty–six members of the Fairfax County the past century. mission’s Tysons Corner Committee, Walter Police Department are being honored for their In addition to the National Churchill Mu- oversaw revisions of the comprehensive plan exceptional service. It is with great pride that seum, I would like to extend special recogni- for Tysons that will allow what is known as the I submit the names of the following Valor tion to the local groups and organizations that downtown of Fairfax County to be transformed Award Recipients: cooperated to make the exhibit possible, in- from an area filled mainly with strip malls, car 2013 Silver Medal of Valor Recipients: Sec- cluding: the City of Fulton, the Callaway Coun- dealerships, and office buildings into a vibrant, ond Lieutenant Erik H. Roads, Officer First ty Chamber of Commerce, the Kingdom of walkable, sustainable, mixed–use community. Class Eric W. Crago, and Police Officer First Callaway Historical Society, the Fulton Area Many people said that was impossible, but Class Thomas R. Divers. Development Corporation, Westminster Col- Walter displayed the patience and persistence 2013 Bronze Medal of Valor Recipients: Po- lege and student organization, the University of an owl in finding a way to lead a wide vari- lice Officer First Class Luis A. Castellon, Po- of Missouri Extension Program—Labor Edu- ety of stakeholders to forge the compromises lice Officer First Class Matthew W. Stanfield, cation Program, Sunrise Sign Company and necessary to move forward. The result of that and Officer Kenneth I. Hunt, III. local trade unions. effort, the Tysons Plan, received the 2011 2013 Certificate of Valor Recipients: Police The final exhibit is an outstanding example Daniel Burnham Award from the American Officer First Class Sean P. Corcoran, Police of how one community’s commitment to col- Planning Association. That prestigious award Officer First Class John R. Diffley, Police Offi- laboration and learning can bring the human- recognizes only one urban plan in the nation cer First Class Peter E. Focazio, Police Officer ities to life and make our cultural history ac- each year, for advancing the science and art First Class Michael R. Row, Police Officer cessible to current generations. The exhibit of planning, and Walter deserves much of the First Class Anthony P. Stancampiano, and Of- and activities surrounding its debut not only credit. ficer Bradley E. Chiz.

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K15AP8.006 E15APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 15, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E461 2013 Lifesaving Award Recipients: Officer RECOGNIZING THE FAIRFAX COUN- made in recent years, we must continue clear- Kristen M. Bennett, Police Officer First Class TY FIRE AND RESCUE DEPART- ance efforts until UXO are no longer a threat. Kenneth M. Bridgeman, Police Officer First MENT RECIPIENTS OF THE 2013 Legacies of War is a compelling and power- Class Alan C. Cordray, Police Officer First CHAMBER OF COMMERCE VALOR ful educational program that provides needed Class Timothy S. Evans, Police Officer First AWARDS attention to the suffering of the thousands of Class Dana V. Ferreira, Police Officer First UXO victims in Laos. This month, Legacies of Class Brooks R. Gillingham (2 Lifesaving HON. GERALD E. CONNOLLY War is bringing two demining advocates from Awards), Police Officer First Class Christopher OF VIRGINIA Laos to share their stories about the sense- B. Hutchison, Police Officer First Class Rich- IN THE HOUSE OF REPRESENTATIVES less deaths, injuries and tragic consequences ard A. Juchnewicz, Police Officer First Class Monday, April 15, 2013 caused by UXO. I commend Legacies of War Christopher W. Munson, Police Officer First for sponsoring this nationwide speaker tour Class Brendan T. Murphy, Police Officer First Mr. CONNOLLY. Mr. Speaker, I rise today series in cities across the U.S. to rally public Class Ali Sepehri (2 Lifesaving Awards), Po- to recognize an outstanding group of men and support for increased urgency in the removal lice Officer First Class Robert E. Welch, Mas- women in Northern Virginia. These individuals of UXO in Laos. This tour also provides an op- ter Police Officer Maureen M. McKeon, and have demonstrated superior dedication to pub- portunity to promote healing and hope by cre- Detective Annie R. Mack–Evans (Retired) lic safety and have been awarded the pres- ating a brighter and safer future for the people Mr. Speaker, I congratulate the 2013 Valor tigious Valor Award by the Fairfax County of Laos. Award Recipients, and thank each of the men Chamber of Commerce. and women who serve in the Fairfax County The Valor Awards recognize remarkable I strongly urge my colleagues to attend any Police Department. Their efforts, made on be- heroism and bravery in the line of duty exem- events in their district and support UXO clear- half of the citizens of Fairfax County, are self- plified by our public safety agencies and their ance programs in Laos and around the world. less acts of heroism and truly merit our high- commitment to the community. Our public Children should not live in fear of the lethal est praise. I ask my colleagues to join me in safety and law enforcement personnel put remnants from a long-past war. applauding this group of remarkable citizens. their lives on the line every day to keep our f families and neighborhoods safe. This year’s f TRIBUTE TO HONOR FLIGHT OF ceremony will recognize 36 individuals in a va- RECOGNIZING THE FAIRFAX COUN- OREGON riety of categories including: the Lifesaving TY SHERIFF’S OFFICE RECIPI- Award, the Certificate of Valor, and the Bronze ENTS OF THE 2013 FAIRFAX HON. GREG WALDEN or Silver Medal of Valor. COUNTY CHAMBER OF COM- Five members of the Fairfax County Fire OF OREGON MERCE VALOR AWARDS and Rescue Department are being honored IN THE HOUSE OF REPRESENTATIVES this year for their exceptional service. It is with Monday, April 15, 2013 great pride that I submit the names of the fol- HON. GERALD E. CONNOLLY Mr. WALDEN. Mr. Speaker, I rise to recog- lowing award recipients: nize the 21 World War II veterans from Or- 2013 Bronze Medal of Valor Recipients: OF VIRGINIA egon who will be visiting their memorial this Captain II Jerome Williams, Technician Rudy IN THE HOUSE OF REPRESENTATIVES Friday in Washington, D.C. through Honor Iturrino, and Volunteer EMT Brandy L. Walker. Flight of Oregon. On behalf of a grateful state 2013 Certificate of Valor Recipients: Captain Monday, April 15, 2013 and country, we welcome these heroes to the I Timothy O. Barb and Captain I William S. Mr. CONNOLLY. Mr. Speaker, I rise today nation’s capital. Moreland. to recognize an outstanding group of men and The veterans on this flight from Oregon are Mr. Speaker, I congratulate the 2013 Valor women in Northern Virginia. These individuals as follows: James Chase, U.S. Army; Irene L. Award Recipients, and thank each of the men have demonstrated superior dedication to pub- Christopherson, U.S. Army; Duane F. Good- and women who serve in the Fairfax County lic safety and have been awarded the pres- man, U.S. Army; Charles V. Heaney, U.S. Fire and Rescue Department. Their efforts, tigious Valor Award by the Fairfax County Army; John J. Kime, U.S. Army; Robert O. made on behalf of the citizens of Fairfax Chamber of Commerce. Phariss, U.S. Army/U.S. Air Force; Donald M. County, are selfless acts of heroism and truly Rickard, U.S. Army; Donald S. Shilling, U.S. merit our highest praise. I ask my colleagues The Valor Awards recognize remarkable Army; Velma L. Sundet, U.S. Army; Ross A. to join me in applauding this group of remark- heroism and bravery in the line of duty exem- Turkle, U.S. Army; Warren C. Gilfillan, U.S. able citizens. plified by our public safety agencies and their commitment to the community. Our public Army Air Forces; Floyd E. Goldbloom, U.S. f Army Air Forces; Elliot Lovelace, U.S. Army safety and law enforcement personnel put Air Forces; Leslie L. Lawrence, U.S. Coast HONORING THE WORK OF their lives on the line every day to keep our Guard; Raymond H. Prescott, U.S. Marine LEGACIES OF WAR families and neighborhoods safe. This year’s Corps; Arthur Nelson Cauble, U.S. Merchant ceremony will recognize 36 individuals in a va- Marines; Arthur H. Cusson, U.S. Navy; Earl HON. BETTY McCOLLUM riety of categories including: the Lifesaving Garrett, U.S. Navy; Richard E. Mould, U.S. OF MINNESOTA Award, the Certificate of Valor, and the Bronze or Silver Medal of Valor. Navy; Charles A. Potter, U.S. Navy; Wayne IN THE HOUSE OF REPRESENTATIVES Five members of the Fairfax County Sher- W. Stram, U.S. Navy. Monday, April 15, 2013 These 21 heroes join more than 98,000 vet- iff’s Office are being honored this year for their erans from across the country who, since Ms. MCCOLLUM. Mr. Speaker, I rise today exceptional service. It is with great pride that 2005, have journeyed from their home states to honor the work of Legacies of War, a I submit the names of the following award re- to Washington, D.C. to reflect at the memo- project that continues to raise public aware- cipients: ness about the unexploded ordnance (UXO) in rials built in honor of our nation’s veterans. 2013 Silver Medal of Valor Recipient: Mas- the country of Laos dropped by the U.S. Air Mr. Speaker, each of us is humbled by the ter Deputy Sheriff Curtis A. LeMay courage of these soldiers, sailors, airmen, and Force during the Vietnam War. Marines who put themselves in harm’s way for Between 1964 and 1973, the U.S. Air Force 2013 Life Saving Award Recipients: Correc- our country and way of life. As a nation, we dropped more than two million tons of bombs tional Technician Mark J. Richey, Private First can never fully repay the debt of gratitude on Laos; about a third of those bombs failed Class Brandon A. Pitts, Private First Class owed to them for their honor, commitment, to detonate. Today, those bombs remain lethal Morgan R. Walker, and Master Deputy Sheriff and sacrifice in defense of the freedoms we and embedded the ground, where they con- Dwight D. Greear. have today. tinue to maim, injure and kill civilians. Each Mr. Speaker, I congratulate the 2013 Valor My colleagues, please join me in thanking year, hundreds of civilians, children, women Award Recipients, and thank each of the men these veterans and the volunteers of Honor and farmers get injured, maimed or killed by and women who serve in the Fairfax County Flight of Oregon for their exemplary dedication UXO. I witnessed many first-hand accounts of Sheriff’s Office. Their efforts, made on behalf and service to this great country. I especially tragic stories from UXO survivors in December of the citizens of Fairfax County, are selfless want to recognize and thank Gail Yakopatz for 2006 when I visited the Xiengkhoung Province acts of heroism and truly merit our highest her tireless work as president of Honor Flight in Laos, an area that was heavily contami- praise. I ask my colleagues to join me in ap- of Oregon. nated by UXO. While progress has been plauding this group of remarkable citizens.

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K15AP8.008 E15APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E462 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 2013 THREE CHAMPIONSHIPS FOR all-state Joshua McClelland, second team all- Greater Reston Chamber of Commerce, which VANDALIA CHRISTIAN SCHOOL state Michael Matthews and Houston Miller, presented Cate with its Volunteer of the Year along with Tyler Metcalf, Jasper White, for 2012. HON. HOWARD COBLE Zachary Dark, Jake Stone, Cates Banner, Jef- Mr. Speaker, I ask that my colleagues rise OF NORTH CAROLINA frey Welker, Matthew Hobbs, Arthur Ascensio, to join me in congratulating Cate Fulkerson for IN THE HOUSE OF REPRESENTATIVES Will Zimmerman, Andrew Strickland, Colton this award and thanking her for her committed Toft, and Bradley Casey. and selfless service to our community. Monday, April 15, 2013 Every team will tell you that they need peo- f Mr. COBLE. Mr. Speaker, there is a school ple cheering for them in their quest for glory. in the Sixth District of North Carolina that just In the case of Vandalia Christian School, the IN RECOGNITION OF THE 20TH AN- won its third state championship this school teams with Vikings on their chests were sup- NIVERSARY OF COMMUNITY IN- year. Vandalia Christian School of Greensboro ported by a cheerleading squad that also was VOLVED IN SUSTAINING AGRI- won state titles in basketball, soccer and crowned state champion this school year. CULTURE (CISA) SOUTH DEER- cheerleading. I would like to take this time to Lead by head Coach Kim Hazelwood, the FIELD, MASSACHUSETTS congratulate all their squads. VCS cheerleaders included Ally Crook, Mor- The story of the boys’ basketball team from gan Kennedy, Alyce Lentz, Morgan McDowell, HON. JAMES P. McGOVERN Vandalia Christian School is all but ordinary. Victoria Johnson, Ali Willard, Leanne Powell, OF MASSACHUSETTS On February 23, the Vikings capped off the Grace Wilson, Lauren Michaels, and Ashley IN THE HOUSE OF REPRESENTATIVES 2013 season with a 13–point win over Raleigh Pollard. Monday, April 15, 2013 Christian Academy resulting in their first All in all, it has been quite a year for the NCCSA Class 2–A championship in 28 years. students, faculty, staff, and families of Mr. MCGOVERN. Mr. Speaker, I rise today The road was not easily traveled; they lost in Vandalia Christian School. On behalf of the to recognize the outstanding work of Commu- the championship game the year before and citizens of the Sixth District of North Carolina, nity Involved in Sustaining Agriculture through- one of their players, Will Zimmerman, was di- we congratulate Principal Jeremy Cordova, out western Massachusetts for the past twenty agnosed with leukemia and had to undergo Athletic Director Luke Oates, and the basket- years. The organization has grown from a chemotherapy treatments through the rest of ball, soccer, and cheerleading squads of VCS small group of farmers to a community of res- 2012. Considering the circumstances of mak- for their state championships. taurants, farmers, neighbors, and local busi- ing it deep into the playoffs just to meet de- f nesses. CISA has increased the visibility of lo- feat, and the tragic diagnosis of a teammate, cally produced food through its highly suc- you would have expected to see a demor- COMMENDING CATE FULKERSON cessful ‘‘buy local’’ campaign—the longest alized team the following year. The Vikings, FOR RECOGNITION AS THE RES- running in the country—and supported the however, did the opposite. They turned defeat TON CITIZEN ASSOCIATION CIT- growth of farmers’ markets in Franklin, Hamp- into a learning experience—and the strength IZEN OF THE YEAR FOR 2013 den, and Hampshire counties to include over of Zimmerman into spirit—and they carried his 50 local produce markets including seven win- jersey to every game to lay over an empty HON. GERALD E. CONNOLLY ter markets. seat on the bench giving them the desire to OF VIRGINIA The Pioneer Valley, and the nation as a make a run at the title. IN THE HOUSE OF REPRESENTATIVES whole, Mr. Speaker, has benefitted greatly Lead by Head Coach Tommy Adams and from the contributions of CISA. Over five Monday, April 15, 2013 Assistant Luke Adams, their hands were full years, CISA helped to increase the total acre- with an incredibly tense game. Raleigh Chris- Mr. CONNOLLY. Mr. Speaker, I rise to com- age of farmland in Franklin, Hampshire, and tian nearly overcame a 20-point deficit despite mend Cate Fulkerson of Reston for her rec- Hampden counties by four percent and dou- having one of its senior players go down with ognition as the Reston Citizen Association Cit- bled the annual total dollar amount of agricul- an injury and transported off the court by med- izen of the Year for 2012. tural products sold by local farmers to the ical personnel. Vandalia would hold on for the The Reston Citizens Association was found- community to nearly eight and a half million win thanks to the supporting cast of players in- ed in 1967 to promote and protect Reston’s dollars. cluding Tyler Metcalf, Houston Miller, Michael founding principles by serving as a non–par- Mr. Speaker, western Massachusetts is Fields, Andrew Owen, Chase McNeil, Aaron tisan forum for all residents and as an advo- blessed by some of the most picturesque Whittman, Christian Gravely, Tyler Christian cate for the community with County and State landscapes in this country. Because of CISA’s Daniels, Zachary Dark, Brandon McDowell, governments. commitment to supporting farmers and pre- James Wagner, Ethan Willis, Will Zimmerman, The RCA Citizen of the Year award dates serving these farmlands, we can pass this in- and Nathaniel Hobbs. And behind the scenes, back to 1976 and is awarded to someone credible resource on to the next generation. managers Kloe Atkinson, Kani Totten, Storm whose actions are consistent with the goals of Mr. Speaker, I would ask my colleagues in Somers, and Gabriel Fields aided the cause. Reston and the RCA. Recipients are recog- the United States House of Representatives Coach Adams said the circumstances sur- nized for contributing to the quality of life in join me in congratulating Community Involved rounding Zimmerman gave the team added Reston and for helping people in need. in Sustaining Agriculture on twenty years of motivation to get back to the championship Cate Fulkerson, a Reston native, is best vital service to the community of western Mas- game. With his cancer in remission, we are known throughout the community for her var- sachusetts. proud to announce that Will sat courtside to ious roles on the staff of the Reston Associa- f motivate and cheer his team to victory. tion, where she has worked since 1991 and Vandalia’s varsity boys’ soccer team also now serves as second in command of an 80– TO ACKNOWLEDGE VOLUNTEER experienced success when it won the NCCSA person staff. Countless Restonians have ben- FAIRFAX AND THE RECIPIENTS 2–A state championship. It was the Viking efitted from her outstanding customer service, OF THE 2013 SERVICE AWARDS soccer team’s first title since 1994. They were efficiency, and professionalism. Cate insists coached by true Viking blood, VCS alumnus, that no one who contacts her organization with HON. GERALD E. CONNOLLY Coach Jason McCall. With goalie Jeffrey a problem or question is ever told to ‘‘call OF VIRGINIA Welker accounting for six saves, the Vikings someone else.’’ IN THE HOUSE OF REPRESENTATIVES took on Wilmington Christian on October 27, Cate’s service also extends deep into the Monday, April 15, 2013 2012, with a stifling defensive approach, shut- community and she is well known as a ‘‘pow- ting out Wilmington 2–0. erhouse of enthusiasm’’ in many endeavors. Mr. CONNOLLY. Mr. Speaker, I am honored VCS scored both goals in the first half with She has led the effort to bring the Character to recognize and give thanks acknowledge a header by Houston Miller and then a put Counts program and Ethics Day to Reston and give thanks to Volunteer Fairfax and the back by Joshua McClelland. Both goals were schools, helped plan Reston’s annual Martin extraordinary honorees of the 21st Annual only separated by 10 minutes, giving Wil- Luther King Day celebration, organized walks Fairfax County Volunteer Service Awards. mington Christian an early uphill battle from to help the homeless, collected Christmas pre- Volunteer Fairfax matches the skills and in- which they could not overcome. sents for needy kids, and served as Board terests of volunteers to the needs of local Assistant Coach Junior Hannig accom- President of Leadership Fairfax. Her dedica- non–profit organizations. Volunteer time and panied Coach McCall in their quest for the elu- tion to Reston has been recognized by mul- services valued at nearly $1 million are con- sive state title with the assistance of first team tiple community organizations, including the tributed annually to more than 900 public and

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A15AP8.019 E15APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 15, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E463 private non–profit agencies, which enables This title requires all such committees 2 p.m. these organizations to meet crucial community to notify the Office of the Senate Daily Committee on Armed Services needs. With great pleasure, I submit the fol- Subcommittee on Personnel Digest—designated by the Rules Com- To hold hearings to examine the Active, lowing names of the Service Award honorees mittee—of the time, place and purpose Guard, Reserve, and civilian personnel into the CONGRESSIONAL RECORD: of the meetings, when scheduled and programs in review of the Defense Au- Community Champions: Amy Gould, Brad- any cancellations or changes in the thorization Request for fiscal year 2014 dock District; Bill Sudow, Dranesville District; meetings as they occur. and the Future Years Defense Pro- Stuart Rakoff, Hunter Mill District; Suzette gram. Kern, Lee District; Ken and Camille Mittelholtz, As an additional procedure along SR–232A Mason District; Shep Crow, Mount District; with the computerization of this infor- 2:30 p.m. Dunn Loring Volunteer Fire and Rescue De- mation, the Office of the Senate Daily Committee on Armed Services partment, Providence District; Cherilyn Mur- Digest will prepare this information for Subcommittee on Strategic Forces To hold hearings to examine nuclear phy, Springfield District; Yom Chu Kim, Sully printing in the Extensions of Remarks forces and policies in review of the De- District; Stella Koch, At–Large. section of the CONGRESSIONAL RECORD fense Authorization Request for fiscal Adult Volunteer 250 Hours & Over: Hazel on Monday and Wednesday of each year 2014 and the Future Years Defense Poole. week. Program; to be immediately followed Adult Volunteer 250 Hours & Under: Robin by a closed session in SVC–217. Falci. Meetings scheduled for Tuesday, SR–222 Adult Volunteer Group: Gracing Spaces. April 16, 2013 may be found in the Daily Committee on Commerce, Science, and Corporate Volunteer Program: Balfour Digest of today’s RECORD. Transportation To hold hearings to examine the future Beatty Spirit. of passenger rail, focusing on what’s Fairfax County Volunteer: Bobbi Cippel. MEETINGS SCHEDULED next for the Northeast Corridor. Fairfax County Volunteer Program: Stronger SR–253 Together Supervised Visitation and Exchange APRIL 17 Program. 9 a.m. APRIL 18 Family Volunteer: The Jenkins Family. Committee on Appropriations 9:30 a.m. Lifetime Achievement: Irma Clifton. Subcommittee on Department of Defense Committee on Foreign Relations Integrate Individual: Alcira Pernot. To hold hearings to examine proposed To hold hearings to examine national se- Integrate Group: Centreville Immigration budget estimates for fiscal year 2014 for curity and foreign policy priorities in Forum. the National Guard and Reserve. the fiscal year 2014 International Af- Rising Star: Mike Sneed. SD–192 fairs budget. 9:30 a.m. SD–562 Senior Volunteer: Ann Marquis. Committee on Armed Services Joint Economic Committee Volunteer Program: Fairfax Court Appointed To hold hearings to examine the Defense To hold hearings to examine the Federal Special Advocates (CASA). Authorization Request for fiscal year Reserve System at 100, focusing on Youth Volunteer: Benjamin Roodberg. 2014 and the Future Years Defense Pro- monetary policy. Youth Volunteer Group: Messiah in Mission gram; to be immediately followed by a SH–216 from Messiah United Methodist Church. briefing on the situation in Syria. 9:45 a.m. Youth Benchmark 100 Honorees: Sandhya SH–216 Committee on Energy and Natural Re- Chandar, Laura Kidd, Aiden Levy, Gabrielle 10 a.m. sources Levy, Christopher Marty, Erin McFarland, Committee on Appropriations Business meeting to consider the nomi- Subcommittee on Departments of Labor, nation of Ernest J. Moniz, of Massa- Abrar Omeish, Timothy Pham, Katherine Health and Human Services, and Edu- chusetts, to be Secretary of Energy. Rohloff, Benjamin Roodberg, Madeline cation, and Related Agencies SD–366 Roodberg, Zack Sanders, Zoe Smith, Leilani To hold hearings to examine proposed 10 a.m. Wolf. budget estimates for fiscal year 2014 for Committee on Appropriations Benchmark 250 Honorees: Jael the Department of Education. Subcommittee on Transportation and Abdelwahed, Terry Angelotti, Kathi Baker, SD–138 Housing and Urban Development, and Maureen Barrett, Leona Bates, Ruth Benker, Committee on Banking, Housing, and Related Agencies Charles Camp, Mark Cohen, Robert Dutrow, Urban Affairs To hold hearings to examine proposed Subcommittee on Housing, Transpor- budget estimates for fiscal year 2014 for Denise Echols, Leslie Fetty, Anne Fogle, tation, and Community Development the Federal Aviation Administration. Emilie Gillanders, Johan Glembocki, Richard To hold hearings to examine helping SD–138 Goehner, Ginger Higgins, Debra Hoeg, David homeowners harmed by foreclosures, Committee on Armed Services Kline, Cathy Lanni, Melissa Lopes, Michelle focusing on ensuring accountability To hold hearings to examine the current Lord, Ludeane Maughan, Bev Morse, Peter and transparency in foreclosure re- and future worldwide threats to the na- Mory, Alcira Pernot, Jane Perry, Helen views, part 2. tional security of the United States; Repasy, Sarah Samuel, Ruth Schrott, Vince SD–538 with the possibility of a closed session Sescoe, Mike Sneed, Emily Ward, Grace Wolf. Committee on Finance in SVC–217 following the open session. To hold hearings to examine the Presi- SD–106 Benchmark 500 Honorees: Mary Anne dent’s proposed budget request for fis- Committee on Banking, Housing, and Cummins, Don Di Spirito, Mary Lee Di Spirito, cal year 2014. Urban Affairs Mary Ann Lecos, Andrew Levy, Ann Marquis, SD–215 To hold an oversight hearing to examine Diane Sandford. Committee on Homeland Security and the Federal Housing Finance Agency Benchmark 1000 Honorees: Mohammad Governmental Affairs (FHFA), focusing on evaluating FHFA Alam, Naila Alam. To hold hearings to examine the Presi- as regulator and conservator. Mr. Speaker, I ask that my colleagues and dent’s proposed budget request for fis- SD–538 I join in acknowledging Volunteer Fairfax for cal year 2014 for the Department of Committee on Energy and Natural Re- Homeland Security. sources 37 years of outstanding community service SD–342 To hold hearings to examine the Presi- and in thanking the 2013 Service Award hon- Committee on Homeland Security and dent’s proposed budget request for fis- orees for their incredible contributions to our Governmental Affairs cal year 2014 for the Department of En- community. Business meeting to consider the nomi- ergy. f nation of Sylvia Mathews Burwell, of SD–366 West Virginia, to be Director of the Of- Committee on Health, Education, Labor, SENATE COMMITTEE MEETINGS fice of Management and Budget. and Pensions Title IV of Senate Resolution 4, SD–342 To hold hearings to examine the nomina- agreed to by the Senate of February 4, Committee on Small Business and Entre- tion of Thomas Edward Perez, of Mary- 1977, calls for establishment of a sys- preneurship land, to be Secretary of Labor. To hold hearings to examine the Presi- SD–192 tem for a computerized schedule of all dent’s proposed budget request for fis- Committee on the Judiciary meetings and hearings of Senate com- cal year 2014 for the Small Business Business meeting to consider the nomi- mittees, subcommittees, joint commit- Administration. nations of Gregory Alan Phillips, of tees, and committees of conference. SR–428A Wyoming, to be United States Circuit

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\K15AP8.012 E15APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E464 CONGRESSIONAL RECORD — Extensions of Remarks April 15, 2013 Judge for the Tenth Circuit, Karol Vir- 10 a.m. tablish the Manhattan Project Na- ginia Mason, of Georgia, to be an As- Committee on Commerce, Science, and tional Historical Park in Oak Ridge, sistant Attorney General, Department Transportation Tennessee, Los Alamos, New Mexico, of Justice, and S. 607, to improve the Subcommittee on Oceans, Atmosphere, and Hanford, Washington, and S. 615, to provisions relating to the privacy of Fisheries, and Coast Guard establish Coltsville National Historical electronic communications. To hold hearings to examine the Presi- Park in the State of Connecticut. SD–226 dent’s proposed budget request for fis- SD–366 cal year 2014 for the Coast Guard and 10:30 a.m. the National Oceanic and Atmospheric Committee on Appropriations APRIL 24 Administration (NOAA). 10 a.m. Subcommittee on Agriculture, Rural De- SR–253 Committee on Armed Services velopment, Food and Drug Administra- Committee on Energy and Natural Re- Subcommittee on Personnel tion, and Related Agencies sources To resume hearings to examine the Ac- To hold hearings to examine proposed To hold hearings to examine S. 306, to budget estimates for fiscal year 2014 for authorize all Bureau of Reclamation tive, Guard, Reserve, and civilian per- the Food and Drug Administration. conduit facilities for hydropower devel- sonnel programs in review of the De- SD–124 opment under Federal Reclamation fense Authorization Request for fiscal 2 p.m. law, S. 545, to improve hydropower, and year 2014 and the Future Years Defense Committee on Appropriations an original bill to promote energy sav- Program. Subcommittee on Military Construction ings in residential and commercial SR–222 Committee on Homeland Security and and Veterans Affairs, and Related buildings and industry. Governmental Affairs Agencies SD–366 To hold an oversight hearing to examine To hold hearings to examine proposed Committee on the Judiciary business practices of durable medical budget estimates for fiscal year 2014 for Subcommittee on the Constitution, Civil Rights and Human Rights equipment companies. the Department of Veterans Affairs. To hold hearings to examine drone wars, SD–342 SD–138 focusing on the constitutional and 2:30 p.m. 2:30 p.m. counterterrorism implications of tar- Committee on Appropriations Committee on Appropriations geted killing. Subcommittee on Energy and Water Devel- Subcommittee on State, Foreign Oper- SD–226 opment ations, and Related Programs 2:30 p.m. To hold hearings to examine proposed To hold hearings to examine proposed Committee on Armed Services budget estimates for fiscal year 2014 for budget estimates for fiscal year 2014 for Subcommittee on Emerging Threats and the National Nuclear Security Admin- the Department of State and Foreign Capabilities istration. Operations. To hold hearings to examine prolifera- SD–192 SD–192 tion prevention programs at the De- Committee on Armed Services Committee on Armed Services partment of Energy and at the Depart- Subcommittee on Airland Subcommittee on Emerging Threats and ment of Defense in review of the De- To hold hearings to examine tactical air- Capabilities fense Authorization Request for fiscal craft programs in review of the Defense To hold hearings to examine the role of year 2014 and the Future Years Defense Authorization Request for fiscal year the Department of Defense science and Program; to be immediately followed 2014 and the Future Years Defense Pro- by a closed session in SVC–217. technology enterprise for innovation gram. SR–222 and affordability in review of the De- SD–G50 Committee on Energy and Natural Re- fense Authorization Request for fiscal Committee on Armed Services sources Subcommittee on Readiness and Manage- year 2014 and the Future Years Defense To hold hearings to examine S. 59, to des- Program. ment Support ignate a Distinguished Flying Cross To hold hearings to examine military SR–232A National Memorial at the March Field Committee on Armed Services construction, environmental, and base Air Museum in Riverside, California, S. closure programs in review of the De- Subcommittee on Readiness and Manage- 155, to designate a mountain in the fense Authorization Request for fiscal ment Support State of Alaska as Denali, S. 156, to year 2014 and the Future Years Defense To hold hearings to examine the current allow for the harvest of gull eggs by Program. readiness of U.S. forces in review of the the Huna Tlingit people within Glacier SR–232A Defense Authorization Request for fis- Bay National Park in the State of Committee on Indian Affairs cal year 2014 and the Future Years De- Alaska, S. 219, to establish the Susque- hanna Gateway National Heritage Area To hold hearings to examine the Presi- fense Program. dent’s proposed budget request for fis- SR–222 in the State of Pennsylvania, S. 225, to authorize the Secretary of the Interior cal year 2014 for Tribal Programs. Select Committee on Intelligence SD–628 To hold closed hearings to examine cer- to conduct a study of alternatives for commemorating and interpreting the tain intelligence matters. APRIL 25 SH–219 role of the Buffalo Soldiers in the early years of the National Parks, S. 228, to 9:30 a.m. establish the Sacramento-San Joaquin Committee on Armed Services APRIL 19 Delta National Heritage Area, S. 285, to To hold hearings to examine the Depart- 10 a.m. designate the Valles Caldera National ment of the Navy in review of the De- Committee on the Judiciary Preserve as a unit of the National Park fense Authorization Request for fiscal To hold hearings to examine comprehen- System, S. 305, to authorize the acqui- year 2014 and the Future Years Defense sive immigration reform legislation. sition of core battlefield land at Cham- Program; with the possibility of a SH–216 pion Hill, Port Gibson, and Raymond closed session in SVC–217 following the for addition to Vicksburg National open session. APRIL 22 Military Park, S. 349, to amend the SD–106 10 a.m. Wild and Scenic Rivers Act to des- 10 a.m. Committee on the Judiciary ignate a segment of the Beaver, Committee on Energy and Natural Re- To resume hearings to examine com- Chipuxet, Queen, Wood, and Pawcatuck sources prehensive immigration reform legisla- Rivers in the States of Connecticut and To hold hearings to examine drought and tion. Rhode Island for study for potential ad- the effect on energy and water manage- SH–216 dition to the National Wild and Scenic ment decisions. Rivers System, S. 371, to establish the SD–366 Blackstone River Valley National His- 2:30 p.m. APRIL 23 torical Park, to dedicate the Park to Committee on Energy and Natural Re- 9:30 a.m. John H. Chafee, S. 476, to amend the sources Committee on Armed Services Chesapeake and Ohio Canal Develop- Subcommittee on Public Lands, Forests, To hold hearings to examine the Depart- ment Act to extend to the Chesapeake and Mining ment of the Army in review of the De- and Ohio Canal National Historical To hold hearings to examine S. 27, to fense Authorization Request for fiscal Park Commission, S. 486, to authorize clarify authority granted under the year 2014 and the Future Years Defense pedestrian and motorized vehicular ac- Act entitled ‘‘An Act to define the ex- Program. cess in Cape Hatteras National Sea- terior boundary of the Uintah and SD–106 shore Recreational Area, S. 507, to es- Ouray Indian Reservation in the State

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\M15AP8.000 E15APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 15, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E465 of Utah’’, S. 28, to provide for the con- defects or pay the claim maintenance 2 p.m. veyance of a small parcel of National fee, S. 368, to reauthorize the Federal Committee on Armed Services Forest System land in the Uinta- Land Transaction Facilitation Act, S. Subcommittee on Personnel Wasatch-Cache National Forest in 447, to provide for the conveyance of Business meeting to markup those provi- Utah to Brigham Young University, S. certain cemeteries that are located on sions which fall under the subcommit- 159, to designate the Wovoka Wilder- National Forest System land in Black tee’s jurisdiction of the proposed Na- ness and provide for certain land con- Hills National Forest, South Dakota, tional Defense Authorization Act for veyances in Lyon County, Nevada, S. and S. 609, to authorize the Secretary fiscal year 2014. 241, to establish the Rio Grande del of the Interior to convey certain Fed- SD–G50 Norte National Conservation Area in eral land in San Juan County, New 3:30 p.m. the State of New Mexico, S. 255, to Mexico. Committee on Armed Services withdraw certain Federal land and in- SD–366 Subcommittee on Strategic Forces terests in that land from location, Closed business meeting to markup those entry, and patent under the mining MAY 7 provisions which fall under the sub- laws and disposition under the mineral 9:30 a.m. committee’s jurisdiction of the pro- and geothermal leasing laws, S. 256, to Committee on Armed Services posed National Defense Authorization amend Public Law 93–435 with respect To hold hearings to examine the Depart- Act for fiscal year 2014. to the Northern Mariana Islands, pro- ment of the Air Force in review of the SR–232A viding parity with Guam, the Virgin Is- Defense Authorization Request for fis- 6 p.m. lands, and American Samoa, S. 258, to cal year 2014 and the Future Years De- Committee on Armed Services amend the Federal Land Policy and fense Program. Subcommittee on Emerging Threats and Management Act of 1976 to improve the SH–216 Capabilities management of grazing leases and per- Closed business meeting to markup those mits, S. 312, to adjust the boundary of MAY 8 the Carson National Forest, New Mex- provisions which fall under the sub- 9:30 a.m. ico, S. 327, to authorize the Secretary committee’s jurisdiction of the pro- Committee on Armed Services of Agriculture and the Secretary of the posed National Defense Authorization Subcommittee on Airland Interior to enter into cooperative Act for fiscal year 2014. To hold hearings to examine Army mod- agreements with State foresters au- SR–232A ernization in review of the Defense Au- thorizing State foresters to provide thorization Request for fiscal year 2014 certain forest, rangeland, and water- JUNE 12 and the Future Years Defense Pro- shed restoration and protection serv- 9:30 a.m. gram. ices, S. 340, to provide for the settle- Committee on Armed Services SR–222 ment of certain claims under the Alas- Subcommittee on SeaPower Committee on Armed Services ka Native Claims Settlement Act, S. Closed business meeting to markup those Subcommittee on SeaPower 341, to designate certain lands in San To hold hearings to examine Navy ship- provisions which fall under the sub- Miguel, Ouray, and San Juan Counties, building programs in review of the De- committee’s jurisdiction of the pro- Colorado, as wilderness, S. 342, to des- fense Authorization Request for fiscal posed National Defense Authorization ignate the Pine Forest Range Wilder- year 2014 and the Future Years Defense Act for fiscal year 2014. ness area in Humboldt County, Nevada, Program. SR–222 S. 353, to designate certain land in the SR–232A 2:30 p.m. State of Oregon as wilderness, to make Committee on Armed Services additional wild and scenic river des- JUNE 11 Closed business meeting to markup the ignations in the State of Oregon, S. 360, proposed National Defense Authoriza- 9:30 a.m. to amend the Public Lands Corps Act tion Act for fiscal year 2014. Committee on Armed Services of 1993 to expand the authorization of SR–222 the Secretaries of Agriculture, Com- Subcommittee on Airland Business meeting to markup those provi- merce, and the Interior to provide serv- JUNE 13 ice opportunities for young Americans; sions which fall under the subcommit- help restore the nation’s natural, cul- tee’s jurisdiction of the proposed Na- 9:30 a.m. tural, historic, archaeological, rec- tional Defense Authorization Act for Committee on Armed Services reational and scenic resources; train a fiscal year 2014. Closed business meeting to continue to new generation of public land man- SD–G50 markup the proposed National Defense agers and enthusiasts; and promote the 11 a.m. Authorization Act for fiscal year 2014. value of public service, S. 366, to amend Committee on Armed Services SR–222 the Omnibus Budget Reconciliation Subcommittee on Readiness and Manage- Act of 1993 to require the Bureau of ment Support JUNE 14 Land Management to provide a claim- Business meeting to markup those provi- 9:30 a.m. ant of a small miner waiver from claim sions which fall under the subcommit- Committee on Armed Services maintenance fees with a period of 60 tee’s jurisdiction of the proposed Na- Closed business meeting to continue to days after written receipt of 1 or more tional Defense Authorization Act for markup the proposed National Defense defects is provided to the claimant by fiscal year 2014. Authorization Act for fiscal year 2014. registered mail to cure the 1 or more SD–G50 SR–222

VerDate Mar 15 2010 03:42 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\M15AP8.000 E15APPT1 pwalker on DSK7TPTVN1PROD with REMARKS Monday, April 15, 2013 Daily Digest Senate 5 Army nominations in the rank of general. Chamber Action 6 Coast Guard nominations in the rank of admi- Routine Proceedings, pages S2629–S2655 ral. Measures Introduced: Eleven bills and one resolu- Routine lists in the Navy. Page S2655 tion were introduced, as follows: S. 720–730, and S. Messages from the House: Page S2648 Res. 97. Page S2649 Measures Referred: Pages S2648–49 Measures Reported: Measures Read the First Time: Page S2649 Special Report entitled ‘‘Inquiry Into U.S. Costs and Allied Contributions to Support the U.S. Mili- Enrolled Bills Presented: Page S2649 tary Presence Overseas’’. (S. Rept. No. 113–12) Additional Cosponsors: Pages S2649–51 Page S2649 Statements on Introduced Bills/Resolutions: Safe Communities, Safe Schools Act–Agreement: Pages S2651–54 A unanimous-consent agreement was reached pro- Additional Statements: Page S2648 viding that at approximately 11 a.m., on Tuesday, April 16, 2013, Senate resume consideration of S. Notices of Hearings/Meetings: Pages S2654–55 649, to ensure that all individuals who should be Privileges of the Floor: Page S2655 prohibited from buying a firearm are listed in the Record Votes: One record vote was taken today. national instant criminal background check system (Total—96) Pages S2647–48 and require a background check for every firearm sale, and the time until the recess for the caucus Adjournment: Senate convened at 2 p.m. and ad- meetings be for debate only. Page S2655 journed at 6:23 p.m., until 10 a.m. on Tuesday, April 16, 2013. (For Senate’s program, see the re- Nomination Confirmed: Senate confirmed the fol- marks of the Acting Majority Leader in today’s lowing nomination: Record on page S2655.) By a unanimous vote of 92 yeas (Vote No. EX. 96), Beverly Reid O’Connell, of California, to be United States District Judge for the Central District Committee Meetings of California. Pages S2644, S2655 (Committees not listed did not meet) Nominations Received: Senate received the fol- lowing nominations: VETERANS’ PROGRAMS BUDGET Vernon S. Broderick, of New York, to be United Committee on Veterans’ Affairs: Committee concluded a States District Judge for the Southern District of hearing to examine the President’s proposed budget New York. request for fiscal year 2014 for Veterans’ Programs, Rachel Elise Barkow, of New York, to be a Mem- after receiving testimony from Eric K. Shinseki, Sec- ber of the United States Sentencing Commission for retary, Robert A. Petzel, Under Secretary for Health, a term expiring October 31, 2017. Allison A. Hickey, Under Secretary for Benefits, Charles R. Breyer, of California, to be a Member Steve L. Muro, Under Secretary for Memorial Affairs, of the United States Sentencing Commission for a Stephen W. Warren, Acting Assistant Secretary for term expiring October 31, 2015. the Office of Information and Technology, and W. William H. Pryor, Jr., of Alabama, to be a Mem- Todd Grams, Executive in Charge for the Office of ber of the United States Sentencing Commission for Management and Chief Financial Officer, all of the a term expiring October 31, 2017. Department of Veterans Affairs.

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VerDate Mar 15 2010 04:09 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D15AP3.REC D15APPT1 pwalker on DSK7TPTVN1PROD with DIGEST D310 CONGRESSIONAL RECORD — DAILY DIGEST April 15, 2013 House of Representatives Suspension—Failed: The House failed to agree to Chamber Action suspend the rules and pass the following measure: Public Bills and Resolutions Introduced: 27 pub- Federal Employee Tax Accountability Act of lic bills, H.R. 1549–1575; and 4 resolutions, H.J. 2013: H.R. 249, to amend title 5, United States Res. 39; H. Con. Res. 31; and H. Res. 160–161, Code, to provide that persons having seriously delin- were introduced. Pages H2024–26 quent tax debts shall be ineligible for Federal em- Additional Cosponsors: Pages H2027–28 ployment, by a 2⁄3 yea-and-nay vote of 250 yeas to Report Filed: A report was filed today as follows: 159 nays, Roll No. 105. Pages H2004–10, H2012 H.R. 624, to provide for the sharing of certain Senate Message: Message received from the Senate cyber threat intelligence and cyber threat informa- today appears on page H2012. tion between the intelligence community and cyber- Senate Referral: S. Con. Res. 8 was held at the security entities, and for other purposes, with an desk. amendment (H. Rept. 113–39). Page H2024 Quorum Calls—Votes: Three yea-and-nay votes de- Speaker: Read a letter from the Speaker wherein he veloped during the proceedings of today and appear appointed Representative Holding to act as Speaker on pages H2010–11, H2011–12, and H2012. There pro tempore for today. Page H1995 were no quorum calls. Recess: The House recessed at 12:13 p.m. and re- Adjournment: The House met at 12 noon and ad- convened at 2 p.m. Page H1996 journed at 8:55 p.m. Recess: The House recessed at 2:12 p.m. and recon- vened at 5:01 p.m. Page H1998 Committee Meetings Suspensions: The House agreed to suspend the rules ONGOING INTELLIGENCE ACTIVITIES and pass the following measures: House Permanent Select Committee on Intelligence: Full Government Accountability Office Improvement Committee held a hearing entitled ‘‘Ongoing Intel- Act: H.R. 1162, amended, to amend title 31, ligence Activities’’. This was a closed hearing. United States Code, to make improvements in the Government Accountability Office, by a 2⁄3 yea-and- Joint Meetings nay vote of 408 yeas with none voting ‘‘nay’’, Roll No joint committee meetings were held. No. 103; Pages H1998–99, H2010–11 District of Columbia Chief Financial Officer f Vacancy Act: H.R. 1246, to amend the District of COMMITTEE MEETINGS FOR TUESDAY, Columbia Home Rule Act to provide that the Dis- APRIL 16, 2013 trict of Columbia Treasurer or one of the Deputy (Committee meetings are open unless otherwise indicated) Chief Financial Officers of the Office of the Chief Fi- nancial Officer of the District of Columbia may per- Senate form the functions and duties of the Office in an Committee on Armed Services: to hold hearings to examine acting capacity if there is a vacancy in the Office; the situation in Afghanistan, 9:30 a.m., SH–216. and Pages H1999–H2001 Committee on the Budget: to hold hearings to examine the President’s proposed budget and revenue request for fiscal Contracting and Tax Accountability Act of year 2014, 3 p.m., SD–608. 2013: H.R. 882, amended, to prohibit the awarding Committee on Commerce, Science, and Transportation: to of a contract or grant in excess of the simplified ac- hold hearings to examine aviation safety, focusing on the quisition threshold unless the prospective contractor Federal Aviation Administration’s (FAA) progress on key or grantee certifies in writing to the agency award- safety initiatives, 2:30 p.m., SR–253. ing the contract or grant that the contractor or Committee on Energy and Natural Resources: to hold hear- grantee has no seriously delinquent tax debts, by a ings to examine the President’s proposed budget request 2⁄3 yea-and-nay vote of 407 yeas with none voting for fiscal year 2014 for the Forest Service, 10 a.m., ‘‘nay’’, Roll No. 104. Pages H2001–04, H2011–12 SD–366. Subcommittee on Water and Power, to hold hearings Moment of Silence: The House observed a moment to examine S. 211, to amend certain definitions contained of silence in honor of the victims of today’s attack in the Provo River Project Transfer Act for purposes of in Boston, MA. Page H2011 clarifying certain property descriptions, S. 284, a bill to

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transfer certain facilities, easements, and rights-of-way to Subcommittee on Interior, Environment and Related Fort Sumner Irrigation District, New Mexico, S. 510, to Agencies, public and outside witness hearing day, 1 p.m., authorize the Secretary of the Interior to convey certain B–308 Rayburn. interests in Federal land acquired for the Scofield Project Subcommittee on Agriculture, Rural Development, in Carbon County, Utah S. 659, to reauthorize the Rec- FDA, and Related Agencies, hearing on USDA Budget, lamation States Emergency Drought Relief Act of 1991, 10 a.m., 2362–A Rayburn. S.J. Res. 12, to consent to certain amendments enacted Subcommittee on Defense, hearing on Department of by the legislature of the State of Hawaii to the Hawaiian Defense Fiscal Year 2014 Budget Overview, 10 a.m., Homes Commission, Act, 1920 H.R. 316, to reinstate 2359 Rayburn. and transfer certain hydroelectric licenses and extend the Subcommittee on Homeland Security, hearing on deadline for commencement of construction of certain hy- United States Coast Guard Fiscal Year 2014 Budget Re- droelectric projects, S. 684, to amend the Mni Wiconi quest, 10 a.m., H–140 Capitol. Project Act of 1988 to facilitate completion of the Mni Subcommittee on Labor, Health and Human Services, Wiconi Rural Water Supply System, S. 693, to amend and Education, hearing on Department of Labor Budget, the Reclamation Wastewater and Groundwater Study and 10 a.m., 2358–C Rayburn. Facilities Act to authorize the Secretary of the Interior to Subcommittee on Transportation, Housing, and Urban participate in the City of Hermiston, Oregon, water recy- Development, hearing on Department of Transportation Fiscal Year 2014 Request, 10 a.m., 2358–A Rayburn. cling and reuse project, and S. 715, to authorize the Sec- Committee on Armed Services, Full Committee, hearing on retary of the Interior to use designated funding to pay for the Fiscal Year 2014 National Defense Authorization construction of authorized rural water projects, 2:30 p.m., Budget Request from the Department of the Navy, 10 SD–366. a.m., 2118 Rayburn. Committee on Finance: to hold hearings to examine tax Subcommittee on Readiness, hearing entitled ‘‘The fraud and tax identity theft, focusing on moving forward Readiness Posture of the U.S. Army’’, 2 p.m., 2212 Ray- with solutions, 10 a.m., SD–215. burn. Committee on Foreign Relations: Subcommittee on African Subcommittee on Intelligence, Emerging Threats and Affairs, to hold hearings to examine ongoing conflict in Capabilities, hearing entitled ‘‘Fiscal Year 2014 National Eastern Congo, 9:45 a.m., SD–419. Defense Authorization Budget Request for Department of Full Committee, business meeting to consider S. 657, Defense Science and Technology Programs’’, 3:30 p.m., to eliminate conditions in foreign prisons and other de- 2118 Rayburn. tention facilities that do not meet primary indicators of Committee on the Budget, Full Committee, hearing enti- health, sanitation, and safety, S. Res. 90, standing with tled ‘‘The President’s Fiscal Year 2014 Revenue and Eco- the people of Kenya following their national and local nomic Policy Proposals’’, 10 a.m., 210 Cannon. elections on March 4, 2013, and urging a peaceful and Committee on Education and the Workforce, Subcommittee credible resolution of electoral disputes in the courts, S. on Higher Education and Workforce Training, hearing Res. 65, strongly supporting the full implementation of entitled ‘‘Keeping College within Reach: The Role of United States and international sanctions on Iran and Federal Student Aid Programs’’, 11 a.m., 2175 Rayburn. urging the President to continue to strengthen enforce- Committee on Energy and Commerce, Subcommittee on ment of sanctions legislation, the nomination of Jacob J. Oversight and Investigations, hearing entitled ‘‘A Con- Lew, of New York, to be United States Governor of the tinuing Investigation into the Fungal Meningitis Out- International Monetary Fund, United States Governor of break and Whether It Could Have Been Prevented’’, 10 the International Bank for Reconstruction and Develop- a.m., 2123 Rayburn. ment, United States Governor of the Inter-American De- Subcommittee on Energy and Power, markup on H.R. velopment Bank, and United States Governor of the Eu- 3, the ‘‘Northern Route Approval Act’’, 2 p.m., 2123 ropean Bank for Reconstruction and Development, and Rayburn. lists in the Foreign Service, 2:15 p.m., S–116, Capitol. Committee on Financial Services, Subcommittee on Finan- Committee on Health, Education, Labor, and Pensions: to cial Institutions and Consumer Credit, hearing entitled hold hearings to examine college affordability, 10 a.m., ‘‘Examining Community Bank Regulatory Burdens’’, 10 SD–430. a.m. 2128 Rayburn. Committee on the Judiciary: Subcommittee on Antitrust, Subcommittee on Oversight and Investigations, hearing Competition Policy and Consumer Rights, to hold an entitled ‘‘Who is Too Big to Fail: Does Dodd-Frank Au- oversight hearing to examine the enforcement of the anti- thorize the Government to Break Up Financial Institu- trust laws, 2:30 p.m., SD–226. tions?’’, 2 p.m., 2128 Rayburn. Committee on Foreign Affairs, Subcommittee on Europe, Select Committee on Intelligence: to hold closed hearings to Eurasia, and Emerging Threats hearing entitled ‘‘China’s examine certain intelligence matters, 2:30 p.m., SH–219. Rapid Political and Economic Advances in Central Asia House and Russia’’, 2 p.m., 2200 Rayburn. Subcommittee on Africa, Global Health, Global Committee on Appropriations, Subcommittee on Interior, Human Rights, and International Organizations, hearing Environment and Related Agencies, public and outside entitled ‘‘Kenya’s 2013 Elections: An Effective Assistance witness hearing day, 9:30 a.m., B–308 Rayburn. Model?’’, 2 p.m., 2172 Rayburn.

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Committee on the Judiciary,Full Committee, hearing enti- America’s Guard-Reserve Retirees Act’’; H.R. 733, the tled ‘‘Mismanagement at the Civil Rights Division of the ‘‘Access to Veterans Benefits Improvement Act’’; H.R. Department of Justice’’, 10 a.m., 2141 Rayburn. 894, to amend title 38, United States Code, to improve Subcommittee on Courts, Intellectual Property and the the supervision of fiduciaries of veterans under the laws Internet, hearing entitled ‘‘Abusive Patent Litigation: The administered by the Secretary of Veterans Affairs; and Issues Impacting American Competitiveness and Job Cre- H.R. 1405, to amend title 38, United States Code, to re- ation at the International Trade Commission and Be- quire the Secretary of Veterans Affairs to include an ap- yond’’, 2 p.m., 2141 Rayburn. peals form in any notice of decision issued for the denial Committee on Natural Resources, Subcommittee on Public of a benefit sought, 2:30 p.m., 334 Cannon. Lands and Environmental Regulation, hearing on the fol- Committee on Ways and Means, Subcommittee on lowing measures: H.R. 250, to amend the Antiquities Human Resources, hearing on the Implementation of Act of 1906 to place additional requirements on the es- 2012 Unemployment Insurance Reforms, 2 p.m., 1100 tablishment of national monuments under that Act, and Longworth. for other purposes; H.R. 382, the ‘‘Preserve Land Free- f dom for Americans Act’’; H.R. 432, to prohibit the fur- ther extension or establishment of national monuments in CONGRESSIONAL PROGRAM AHEAD Nevada except by express authorization of Congress; H.R. Week of April 16 through April 19, 2013 758, the ‘‘Utah Land Sovereignty Act’’; H.R. 1512, the ‘‘New Mexico Land Sovereignty Act’’; H.R. 1434, the Senate Chamber ‘‘Montana Land Sovereignty Act’’; H.R. 1439, the ‘‘Idaho Land Sovereignty Act’’; H.R. 1459, the ‘‘Ensuring Public On Tuesday, at approximately 11 a.m., Senate will Involvement in the Creation of National Monuments resume consideration of S. 649, Safe Communities, Act’’; H.R. 855, the ‘‘San Antonio Missions National Safe Schools Act. Historical Park Boundary Expansion Act of 2013’’; 10 During the balance of the week, Senate may con- a.m., 1324 Longworth. sider any cleared legislative and executive business. Subcommittee on Energy and Minerals Resources, hear- Senate Committees ing on H.R. 3, the ‘‘Northern Route Approval Act’’, 2 p.m., 1334 Longworth. (Committee meetings are open unless otherwise indicated) Subcommittee on Water and Power, hearing entitled Committee on Appropriations: April 17, Subcommittee on ‘‘Examining the Proposed Fiscal Year 2014 Spending, Department of Defense, to hold hearings to examine pro- Priorities and the Missions of the Bureau of Reclamation, posed budget estimates for fiscal year 2014 for the Na- the Four Power Marketing Administrations and the U.S. tional Guard and Reserve, 9 a.m., SD–192. Geological Survey’s Water Program’’, 2 p.m., 1324 Long- April 17, Subcommittee on Departments of Labor, worth. Health and Human Services, and Education, and Related Committee on Oversight and Government Reform, Full Com- Agencies, to hold hearings to examine proposed budget mittee, hearing entitled ‘‘Open to Visitors? Assessing the estimates for fiscal year 2014 for the Department of Edu- Federal Efforts to Minimize the Sequester’s Impact on Ac- cation, 10 a.m., SD–138. cess to Our Nation’s Capital and National Treasures’’, April 18, Subcommittee on Transportation and Hous- 9:30 a.m., 2154 Rayburn. ing and Urban Development, and Related Agencies, to Committee on Rules, Full Committee hearing on H.R. hold hearings to examine proposed budget estimates for 624, the ‘‘Cyber Intelligence Sharing and Protection fiscal year 2014 for the Federal Aviation Administration, Act’’, 3 p.m. 10 a.m., SD–138. Committee on Science, Space, and Technology, Subcommittee April 18, Subcommittee on Agriculture, Rural Devel- on Oversight and Subcommittee on Energy hearing enti- opment, Food and Drug Administration, and Related tled ‘‘Assessing the Efficiency and Effectiveness of Wind Agencies, to hold hearings to examine proposed budget Energy Incentives’’, 2 p.m. 2318 Rayburn. estimates for fiscal year 2014 for the Food and Drug Ad- Committee on Transportation and Infrastructure, Sub- ministration, 10:30 a.m., SD–124. committee on Water Resources and Environment, hearing April 18, Subcommittee on Military Construction and entitled ‘‘The Foundations for a New Water Resources Veterans Affairs, and Related Agencies, to hold hearings Development Act’’, 10 a.m., 2167 Rayburn. to examine proposed budget estimates for fiscal year 2014 Subcommittee on Coast Guard and Maritime Transpor- for the Department of Veterans Affairs, 2 p.m., SD–138. tation, hearing on the proposed fiscal year 2014 budget April 18, Subcommittee on State, Foreign Operations, request for the U.S. Coast Guard and related marine and Related Programs, to hold hearings to examine pro- transportation programs, 2 p.m., 2167 Rayburn. posed budget estimates for fiscal year 2014 for the De- Committee on Veterans’ Affairs, Subcommittee on Dis- partment of State and Foreign Operations, 2:30 p.m., ability Assistance and Memorial Affairs, hearing on the SD–192. following measures: H.R. 569 the, ‘‘Veterans’ Compensa- Committee on Armed Services: April 16, to hold hearings tion Cost-of-Living Adjustment Act of 2013’’; H.R. 570, to examine the situation in Afghanistan, 9:30 a.m., the ‘‘American Heroes COLA Act’’; H.R. 602, the ‘‘Vet- SH–216. erans 2nd Amendment Protection Act’’; H.R. 671, the April 17, Full Committee, to hold hearings to examine ‘‘Ruth Moore Act of 2013’’; H.R. 679, the ‘‘Honor the Defense Authorization Request for fiscal year 2014

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and the Future Years Defense Program; to be imme- purposes of clarifying certain property descriptions, S. diately followed by a briefing on the situation in Syria, 284, a bill to transfer certain facilities, easements, and 9:30 a.m., SH–216. rights-of-way to Fort Sumner Irrigation District, New April 17, Subcommittee on Personnel, to hold hearings Mexico, S. 510, to authorize the Secretary of the Interior to examine the Active, Guard, Reserve, and civilian per- to convey certain interests in Federal land acquired for sonnel programs in review of the Defense Authorization the Scofield Project in Carbon County, Utah, S. 659, to Request for fiscal year 2014 and the Future Years Defense reauthorize the Reclamation States Emergency Drought Program, 2 p.m., SR–232A. Relief Act of 1991, S.J. Res. 12, to consent to certain April 17, Subcommittee on Strategic Forces, to hold amendments enacted by the legislature of the State of hearings to examine nuclear forces and policies in review Hawaii to the Hawaiian Homes Commission, Act, 1920, of the Defense Authorization Request for fiscal year 2014 H.R. 316, to reinstate and transfer certain hydroelectric and the Future Years Defense Program; to be imme- licenses and extend the deadline for commencement of diately followed by a closed session in SVC–217, 2:30 construction of certain hydroelectric projects, S. 684, to p.m., SR–222. amend the Mni Wiconi Project Act of 1988 to facilitate April 18, Full Committee, to hold hearings to examine completion of the Mni Wiconi Rural Water Supply Sys- the current and future worldwide threats to the national tem, S. 693, to amend the Reclamation Wastewater and security of the United States; with the possibility of a Groundwater Study and Facilities Act to authorize the closed session in SVC–217 following the open session, 10 Secretary of the Interior to participate in the City of a.m., SD–106. Hermiston, Oregon, water recycling and reuse project, April 18, Subcommittee on Emerging Threats and Ca- and S. 715, to authorize the Secretary of the Interior to pabilities, to hold hearings to examine the role of the De- use designated funding to pay for construction of author- partment of Defense science and technology enterprise for ized rural water projects, 2:30 p.m., SD–366. innovation and affordability in review of the Defense Au- April 18, Full Committee, business meeting to con- thorization Request for fiscal year 2014 and the Future sider the nomination of Ernest J. Moniz, of Massachu- Years Defense Program, 2:30 p.m., SR–232A. setts, to be Secretary of Energy, 9:45 a.m., SD–366. April 18, Subcommittee on Readiness and Manage- April 18, Full Committee, to hold hearings to examine ment Support, to hold hearings to examine the current the President’s proposed budget request for fiscal year readiness of U.S. forces in review of the Defense Author- 2014 for the Department of Energy, 10 a.m., SD–366. ization Request for fiscal year 2014 and the Future Years Committee on Finance: April 16, to hold hearings to ex- Defense Program, 2:30 p.m., SR–222. amine tax fraud and tax identity theft, focusing on mov- Committee on Banking, Housing, and Urban Affairs: April ing forward with solutions, 10 a.m., SD–215. 17, Subcommittee on Housing, Transportation, and Com- April 17, Full Committee, to hold hearings to examine munity Development, to hold hearings to examine help- ing homeowners harmed by foreclosures, focusing on en- the President’s proposed budget request for fiscal year suring accountability and transparency in foreclosure re- 2014, 10 a.m., SD–215. views, part 2, 10 a.m., SD–538. Committee on Foreign Relations: April 16, Subcommittee April 18, Full Committee, to hold an oversight hearing on African Affairs, to hold hearings to examine ongoing to examine the Federal Housing Finance Agency (FHFA), conflict in Eastern Congo, 9:45 a.m., SD–419. focusing on evaluating FHFA as regulator and conser- April 16, Full Committee, business meeting to con- vator, 10 a.m., SD–538. sider S. 657, to eliminate conditions in foreign prisons Committee on the Budget: April 16, to hold hearings to and other detention facilities that do not meet primary examine the President’s proposed budget and revenue re- indicators of health, sanitation, and safety, S. Res. 90, quest for fiscal year 2014, 3 p.m., SD–608. standing with the people of Kenya following their na- April 17, Full Committee, business meeting to con- tional and local elections on March 4, 2013, and urging sider the nomination of Sylvia Mathews Burwell, of West a peaceful and credible resolution of electoral disputes in Virginia, to be Director of the Office of Management and the courts, S. Res. 65, strongly supporting the full imple- Budget, Time to be announced, Room to be announced. mentation of United States and international sanctions on Committee on Commerce, Science, and Transportation: April Iran and urging the President to continue to strengthen 16, to hold hearings to examine aviation safety, focusing enforcement of sanctions legislation, the nomination of on the Federal Aviation Administration’s (FAA) progress Jacob J. Lew, of New York, to be United States Governor on key safety initiatives, 2:30 p.m., SR–253. of the International Monetary Fund, United States Gov- April 17, Full Committee, to hold hearings to examine ernor of the International Bank for Reconstruction and the future of passenger rail, focusing on what’s next for Development, United States Governor of the Inter-Amer- the Northeast Corridor, 2:30 p.m., SR–253. ican Development Bank, and United States Governor of Committee on Energy and Natural Resources: April 16, to the European Bank for Reconstruction and Development, hold hearings to examine the President’s proposed budget and lists in the Foreign Service, 2:15 p.m., S–116, Cap- request for fiscal year 2014 for the Forest Service, 10 itol. a.m., SD–366. April 18, Full Committee, to hold hearings to examine April 16, Subcommittee on Water and Power, to hold national security and foreign policy priorities in the fiscal hearings to examine S. 211, to amend certain definitions year 2014 International Affairs budget, 9:30 a.m., contained in the Provo River Project Transfer Act for SD–562.

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Committee on Health, Education, Labor, and Pensions: April April 18, Subcommittee on Interior, Environment, and 16, to hold hearings to examine college affordability, 10 Related Agencies, hearing on the U.S. Fish and Wildlife a.m., SD–430. Service, 9:30 a.m., B–308 Rayburn. April 18, Full Committee, to hold hearings to examine April 18, Subcommittee on Agriculture, Rural Devel- the nomination of Thomas Edward Perez, of Maryland, to opment, FDA and Related Agencies, hearing on USDA be Secretary of Labor, 10 a.m., SD–192. Marketing and Regulatory Programs, 10 a.m., 2362–A Committee on Homeland Security and Governmental Affairs: Rayburn. April 17, business meeting to consider the nomination of April 18, Subcommittee on Defense, hearing on Cen- Sylvia Mathews Burwell, of West Virginia, to be Director tral Command/International Security Assistance Force, 10 of the Office of Management and Budget, 10 a.m., a.m., H–140 Capitol. SD–342. April 18, Subcommittee on Military Construction and April 17, Full Committee, to hold hearings to examine Veterans Affairs, hearing on Department of Veterans Af- the President’s proposed budget request for fiscal year fairs Budget, 10:30 a.m., 2359 Rayburn. 2014 for the Department of Homeland Security, 10 a.m., April 18, Subcommittee on Commerce, Justice, and SD–342. Science, and Related Agencies, hearing on Department of Committee on the Judiciary: April 16, Subcommittee on Justice Budget Request, 2 p.m., 2359 Rayburn. Antitrust, Competition Policy and Consumer Rights, to Committee on Armed Services, April 17, Full Committee, hold an oversight hearing to examine the enforcement of hearing entitled ‘‘Recent Developments in Afghanistan’’, the antitrust laws, 2:30 p.m., SD–226. 10 a.m., 2118 Rayburn. April 18, Full Committee, business meeting to con- April 17, Subcommittee on Tactical Air and Land sider the nominations of Gregory Alan Phillips, of Wyo- Forces, hearing entitled ‘‘Fiscal Year 2014 Navy, Marine ming, to be United States Circuit Judge for the Tenth Corps and Air Force Combat Aviation Programs’’, 2 p.m., Circuit, Karol Virginia Mason, of Georgia, to be an As- 2212 Rayburn. sistant Attorney General, Department of Justice, and April 17, Subcommittee on Intelligence, Emerging S. 607, to improve the provisions relating to the privacy Threats and Capabilities, hearing entitled ‘‘Fiscal Year of electronic communications, 10 a.m., SD–226. 2014 National Defense Authorization Budget Request for April 19, Full Committee, to hold hearings to examine U.S. Special Operations Command and U.S. Special Oper- comprehensive immigration reform legislation, 10 a.m., ations Forces’’, 3:30 p.m., 2118 Rayburn. SH–216. Committee on Education and the Workforce, April 17, Full Committee on Small Business and Entrepreneurship: April Committee, markup on H.R. 1406, the ‘‘Working Fami- 17, to hold hearings to examine the President’s proposed lies Flexibility Act of 2013’’, 10 a.m., 2175 Rayburn. budget request for fiscal year 2014 for the Small Business Committee on Energy and Commerce, pril 18, Sub- Administration, 10 a.m., SR–428A. committee on Health, hearing entitled ‘‘A Financial Re- Select Committee on Intelligence: April 16, to hold closed view of the Department of Health and Human Services hearings to examine certain intelligence matters, 2:30 and Its FY 2014 Budget’’, 10 a.m., 2123 Rayburn. p.m., SH–219. April 18, Subcommittee on Commerce, Manufacturing, April 18, Full Committee, to hold closed hearings to and Trade, hearing on discussion draft of the ‘‘Global In- examine certain intelligence matters, 2:30 p.m., SH–219. vestment in American Jobs Act of 2013’’, 9:30 a.m., 2322 Rayburn. House Committees Committee on Financial Services, April 17, Subcommittee Committee on Appropriations, April 17, Subcommittee on on Oversight and Investigations, hearing entitled ‘‘Exam- Interior, Environment, and Related Agencies, public and ining the SEC’s Failure to Implement the JOBS Act and outside witness hearing day, 1 p.m., B–308 Rayburn. its Impact on Economic Growth’’, 2 p.m., 2128 Rayburn. April 17, Subcommittee on Agriculture, Rural Devel- Committee on Foreign Affairs, April 17, Full Committee, opment, FDA, and Related Agencies, hearing on USDA hearing entitled ‘‘Securing U.S. Interests Abroad: The FY Research, Education, and Economic Budget, 10 a.m., 2014 Foreign Affairs Budget’’, 10 a.m., 2172 Rayburn. 2362–A Rayburn. April 18, Subcommittee on Africa, Global Health, April 17, Subcommittee on Homeland Security, hear- Global Human Rights, and International Organizations, ing on Customs and Border Protection Fiscal Year 2014 hearing entitled ‘‘Tier Rankings in the Fight Against Budget Request, 10 a.m., 2359 Rayburn. Human Trafficking’’, 1 p.m., 2172 Rayburn. April 17, Subcommittee on Transportation, Housing, Committee on Homeland Security, April 18, Full Com- and Urban Development, hearing on Department of mittee, hearing entitled ‘‘The President’s FY 2014 Budg- Housing and Urban Development Fiscal Year 2014 Re- et Request for the Department of Homeland Security’’, 9 quest, 10 a.m., 2358–A Rayburn. a.m., 311 Cannon. April 17, Subcommittee on Commerce, Justice, and Committee on the Judiciary, April 17, Full Committee, Science and Related Agencies, hearing on Federal Bureau meeting to Authorize the Chairman to issue a subpoena of Prisons, 10:30 a.m., H–309 Capitol. to the Department of Justice, 10 a.m., 2141 Rayburn. April 17, Subcommittee on State and Foreign Oper- April 18, Subcommittee on Constitution and Civil Jus- ations, hearing on Department of State Fiscal Year 2014 tice, hearing on the ‘‘Private Property Rights Protection Budget, 2 p.m., 2359 Rayburn. Act’’, 9 a.m., 2141 Rayburn.

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Committee on Natural Resources, April 17, Full Com- 2014 Budget Request for Science Agencies’’, 10 a.m., mittee, hearing entitled ‘‘State Lands vs. Federal Lands 2318 Rayburn. Oil and Gas Production: What State Regulators are doing April 17, Subcommittee on Research, hearing entitled right’’, 10 a.m., 1324 Longworth. ‘‘An Overview of the National Science Foundation Budget April 18, Subcommittee on Fisheries, Wildlife, Oceans for Fiscal Year 2014’’, 2 p.m., 2318 Rayburn. and Insular Affairs, hearing entitled ‘‘Spending for the April 18, Subcommittee on Technology, hearing enti- National Oceanic and Atmospheric Administration, the tled ‘‘An Overview of the Fiscal Year 2014 Budget Pro- Council on Environmental Quality, the Office of Insular posal at the National Institute of Standards and Tech- Affairs, the U.S. Fish and Wildlife Service and the Presi- nology’’, 10 a.m., 2318 Rayburn. dent’s Fiscal Year 2014 Budget Request for these Agen- Committee on Small Business, April 17, Full Committee, cies’’, 10 a.m., 1324 Longworth. hearing entitled ‘‘The Health Care Law: Implementation April 18, Subcommittee on Public Lands and Environ- and Small Businesses’’, 1 p.m., 2360 Rayburn. mental Regulation, hearing on H.R. 657, the ‘‘Grazing April 18, Subcommittee on Economic Growth, Tax Improvement Act’’; H.R. 696, the ‘‘Lyon County Eco- and Capital Access, hearing entitled ‘‘Innovation as a Cat- nomic Development and Conservation Act’’; H.R. 934, to alyst for New Jobs’’, 10 a.m., 2360 Rayburn. amend the Wild and Scenic Rivers Act related to a seg- Committee on Transportation and Infrastructure, April 17, ment of the Lower Merced River in California, and for Full Committee, hearing entitled ‘‘GAO Review: Are Ad- other purposes; and H.R. 993, the ‘‘Fruit Heights Land ditional Federal Courthouses Justified?’’, 10:30 a.m., Conveyance Act’’, 10 a.m., 1334 Longworth. 2167 Rayburn. Committee on Oversight and Government Reform, April 17, Committee on Ways and Means, April 18, Subcommittee Subcommittee on National Security, hearing entitled on Social Security, hearing on the President’s and Other ‘‘Contracting to Feed U.S. Troops in Afghanistan: How Bipartisan Entitlement Reform Proposals, 9:30 a.m., did the Defense Department end up in Multi-Billion B–318 Rayburn. Dollar Billing Dispute?’’, 2 p.m., 2154 Rayburn. April 17, Full Committee, hearing entitled ‘‘Options House Permanent Select Committee on Intelligence, to Bring the Postal Service Back from Insolvency’’, 9:30 April 18, Full Committee, hearing entitled ‘‘Ongoing In- a.m., 2154 Rayburn. telligence Activities’’, 9 a.m., HVC–304. This is a closed April 18, Subcommittee on National Security; and hearing. Subcommittee on Government Operations, hearing enti- tled ‘‘Sequestration Oversight: Prioritizing Security over Joint Meetings Administrative Costs at TSA’’, 9:30 a.m., 2154 Rayburn. Joint Economic Committee: April 18, to hold hearings to Committee on Science, Space, and Technology, April 17, Full examine the Federal Reserve System at 100, focusing on Committee, hearing entitled ‘‘A Review of President’s FY monetary policy, 9:30 a.m., SH–216.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, April 16 10 a.m., Tuesday, April 16

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of measures under morning business (not to extend beyond 1 hour), Senate suspension of the rules. will resume consideration of S. 649, Safe Communities, Safe Schools Act. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Connolly, Gerald E., Va., E458, E459, E459, E459, E460, Paulsen, Erik, Minn., E455, E457, E458 E460, E461, E461, E462, E462 Pingree, Chellie, Me., E458 Andrews, Robert E., N.J., E456 Delaney, John K., Md., E455 Reichert, David G., Wash., E455, E458 Buchanan, Vern, Fla.,E457 Eshoo, Anna G., Calif., E455 Sablan, Gregorio Kilili Camacho, Northern Mariana Lee, Barbara, Calif., E455 Capito, Shelley Moore, W.Va., E457 Islands, E457 Luetkemeyer, Blaine, Mo., E460 Coble, Howard, N.C., E462 Van Hollen, Chris, Md., E456 McCollum, Betty, Minn., E461 Coffman, Mike, Colo., E458 McGovern, James P., Mass., E459, E462 Walden, Greg, Ore., E461

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