Senate Has Passed a Budget They Did Not Answer

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

Vol. 159 WASHINGTON, THURSDAY, APRIL 25, 2013 No. 58 House of Representatives The House met at 10 a.m. and was er, more destructive storms are pound- ponds, and the Deep Tunnel Project called to order by the Speaker pro tem- ing our region with distressing regu- can lessen or even prevent disaster. pore (Mr. COLLINS of Georgia). larity and resulting in huge costs. We need to find the funds for these f While some don’t believe in climate local projects that will avert the next change, I hope they believe in funding flood and ultimately save millions in DESIGNATION OF SPEAKER PRO flood control. We owe it to our con- tax dollars in damages. For the Chi- TEMPORE stituents. cago area, that means demanding the The SPEAKER pro tempore laid be- I spent most of this past weekend $35 million per year in Federal funding fore the House the following commu- touring the flooded streets and base- that is needed to complete the McCook nication from the Speaker: ments throughout my district. Every- and Thornton reservoirs. These res- WASHINGTON, DC, where I went, I encountered residents ervoirs are part of a larger flood miti- April 25, 2013. who had lost their homes, their belong- gation plan put in place over 20 years I hereby appoint the Honorable DOUG COL- ings, and their peace of mind. The resi- ago by the Army Corps of Engineers. LINS to act as Speaker pro tempore on this dents I talked to wanted to know two The Federal Government is now hold- day. things: What was their government ing up their completion because of JOHN A. BOEHNER, going to do to help, and why was this budget issues. Speaker of the House of Representatives. happening again so soon after the hor- Local budgets are just a start, f rific flooding of 2010? though. We also need to address the MORNING-HOUR DEBATE I told people that my office would do question of why 100-year storms are re- everything it could to bring Federal curring so often. Climate change is The SPEAKER pro tempore. Pursu- disaster relief to their homes and busi- here, and we must address it now. With ant to the order of the House of Janu- nesses; but, unfortunately, Federal a sensible energy policy, development ary 3, 2013, the Chair will now recog- help for big States can be an uphill of alternative energy sources, and com- nize Members from lists submitted by fight. Aid is based, in part, on a popu- monsense conservation, we can begin the majority and minority leaders for lation-based formula that penalizes to confront one of the great challenges morning-hour debate. larger States like Illinois. Big States of our time. If we don’t, then the The Chair will alternate recognition have to suffer more damage before storms of last week in the Midwest and between the parties, with each party meeting the aid threshold. last fall on the east coast will be the limited to 1 hour and each Member This process of rewarding aid is un- new normal, and that’s a normal none other than the majority and minority fair, and we need to change it. I raised of us can afford. leaders and the minority whip limited this concern last summer with my col- f to 5 minutes each, but in no event shall leagues on the Transportation and In- debate continue beyond 11:50 a.m. frastructure Committee. I was pleased ARMY RESERVE BIRTHDAY f to see language in Superstorm Sandy The SPEAKER pro tempore. The legislation requiring FEMA to review Chair recognizes the gentleman from CLIMATE CHANGE IS HERE its processes in rewarding disaster aid. Pennsylvania (Mr. THOMPSON) for 5 The SPEAKER pro tempore. The But reviews and bill language are of minutes. Chair recognizes the gentleman from little immediate consolation to people Mr. THOMPSON of Pennsylvania. Illinois (Mr. QUIGLEY) for 5 minutes. who have lost their homes or busi- Mr. Speaker, today I rise to honor the Mr. QUIGLEY. Mr. Speaker, I rise nesses. With 44 counties declared a dis- United States Army Reserve, which today because last week my district ex- aster area after last week’s flood, we celebrates 105 years of service defend- perienced its second ‘‘storm of the cen- don’t need another study. The people of ing our country this week. tury’’ in the last 3 years, its third since my district and others across the State These citizen-soldiers are actively 2008. More than 7 inches of rain turned need our help. engaged citizens in our communities the streets of Hinsdale, Elmhurst, FEMA needs to act—and act without and volunteers in the Army who are Franklin Park, and Albany Park into delay—to get Illinois back on its feet. ready to step in and fulfill any mission. rivers. Every town in my district has projects They are our friends, our family, our Clearly, we need to revisit our defini- that will help lessen the impact of the neighbors, coaches and teachers, police tion of the 100-year storm; because, next storm. Storm sewer improve- and firefighters. Reservists are in near- while some may doubt the reality of ments, berms, swales, planting more ly every profession across every com- climate change, it is a fact that strong- wetlands, permeable pavers, detention munity in the Nation.

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

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VerDate Mar 15 2010 23:50 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.000 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2302 CONGRESSIONAL RECORD — HOUSE April 25, 2013 Our Nation has now been at war for a cally designed for children. SNAP, for- this conference to bring all the stake- decade, yet a smaller percentage of our merly known as food stamps, is the holders, like the Eos Foundation, the citizens have been in the Armed biggest antihunger program in the Fed- Governor, and other political leaders Forces. The Army Reserve offers a re- eral Government. It does a good job, from West Virginia and other States minder that our Nation rests on the but there are still many ways that it and other organizations that are not strength of brave soldiers who volun- can be improved. typically in the antihunger movement. teer to step forward and make tremen- Over many years, we have also cre- We need faith-based leaders, CEOs, dous sacrifices. ated the National School Breakfast leaders of food banks, pediatricians, Today, I wish a special 105th birthday Program and the National School schools, and nutritionists together in to all the men and women serving in Lunch Program; and in order to meet one room to develop a comprehensive the United States Army Reserve and increased demand, we now have after plan, take assignments and make it welcome some of them to Capitol Hill school snack and meal programs. But work. If we do this, we can end hunger to participate in Army Day, to remind these programs are inadequate in many now. us all of the sacrifices that they make ways. The breakfast and lunch pro- Mr. Speaker, hunger is a political every day to defend this country. grams provide either a free or a re- condition. We have everything we need To the men and women of the United duced price meal. The free meal is to end it. We lack the political will. States Army Reserve, I salute you. available to those kids whose families I urge my colleagues to make this Thank you. are quite poor; but the reduced price issue a priority. End hunger now. f meals are available to kids of families f who are poor, but not poor enough to END HUNGER NOW—CHILDHOOD qualify for the free plan. This means CENSUS BUREAU ECONOMIC HUNGER IN AMERICA there are days, and even weeks, when a QUESTIONNAIRE The SPEAKER pro tempore. The child’s family simply may not have The SPEAKER pro tempore. The Chair recognizes the gentleman from enough money to pay for the reduced Chair recognizes the gentleman from Massachusetts (Mr. MCGOVERN) for 5 price meal. That’s a serious problem. Florida (Mr. POSEY) for 5 minutes. minutes. Another problem is that breakfasts Mr. POSEY. Mr. Speaker, generally, Mr. MCGOVERN. Mr. Speaker, today are typically served before school we believe that what’s good for the I rise to talk about the national shame starts, meaning that poor kids have to goose is good for the gander. That’s of child hunger in America. I wish it get themselves to school early just to why I was a little bit shocked when it didn’t exist, but we can’t ignore the get a good meal. This can create a stig- was brought to my attention by a num- fact that there are more than 16 mil- ma where these kids get teased and ber of my colleagues that they received lion kids in America who are food inse- bullied because they’re poor, but it can an economic census in the mail—a very cure. Quite simply, that means more also result in a pattern where these complex, 14-page document asking than 16 million children went hungry children don’t have regular access to a them in very great detail about their in 2011. That’s unconscionable and that school breakfast if their parents can’t business, about their suppliers, about is unacceptable. get them to school on time or if the their cost, about who they sell to, and Hunger has no place in the richest, school buses don’t deliver them early who their customers are. These were most prosperous nation on Earth. Let- enough to be able to benefit from this received by mom-and-pop businesses, ting anyone in this country go without breakfast. Organizations like the EOS sometimes just mom businesses, no food is bad enough, but letting children Foundation in Massachusetts and pop—one-person businesses. One said: go hungry is more than heartbreaking; States like West Virginia are working It will take me two days to fill out this it’s just plain wrong. Yet we let it hap- to fix this by promoting Breakfast at questionnaire. I have to work. If I don’t work pen every day in America—16 million the Bell programs, a solution I strong- 2 days, my business will go down the drain. children, Mr. Speaker. That means one ly support. I wondered how important this infor- in five kids in America go to bed hun- And then there are weekends, where mation was, so I wrote a letter to the gry and wake up hungry at some point schools aren’t open. Food banks, Department of Commerce and the Cen- in their lives during the year. That churches, synagogues, mosques, and sus Bureau to ask just a few questions means one in five kids don’t know other antihunger organizations are fill- about it. I asked about their constitu- when their next meal is coming. ing that gap with food backpacks that tional authority to do that, and they We are allowing more than 16 million are given out on Friday afternoons. gave me their statutory authority. I’ll kids to wake up hungry, go to school talk about their letter in a minute. hungry, and go to sleep hungry. We are b 1010 Then, while they didn’t have time to allowing more than 16 million kids to Mr. Speaker, as a candidate, then- answer my letter on a timely basis, be deprived of proper nutrition, the nu- Senator Obama pledged to end child- they did have time to send another rel- trition contained in good, healthy food hood hunger by 2015. It was a good idea atively harassing letter to the busi- that helps children’s minds and bodies then, and it’s a good idea now. We nesses threatening them with more properly develop. We are allowing more worked hard, and many of us pushed penalties—a fine—and just scared the than 16 million kids to struggle at for a comprehensive childhood hunger daylights out of them if they did not school and have problems with learning plan. We even wore those buttons to take time to return that form. simply because they suffer from hun- show our support. I finally got my response from them, ger. Mr. Speaker, 2015 is only 2 years and what I found was that they didn’t Child hunger has many impacts. Kids away. There is no way we are going to answer all my questions. I asked them: who don’t eat enough good, healthy meet that goal, but it doesn’t mean we food will not develop properly. They should give up. Now is the time to re- Please provide me with the information de- have more health problems and require double our efforts. Now is the time to scribing the universe the economic census questionnaires were mailed to and how they more costly health care than children make the pledge to end hunger now. were selected. who don’t have to worry about hunger. And that’s not just a clever tag line. No answer. Sometimes the lack of food results in No, Mr. Speaker, we can end hunger One constituent who received a ques- developmental problems and learning now if we start with the commitment tionnaire was a sole proprietor with no disabilities. Other times, hunger sim- to develop a comprehensive plan to do other employees; another was a sole ply doesn’t allow kids to concentrate. so. proprietor with two employees. These problems can lead to under-edu- That’s why I continue to call for cation, which can have long-term ef- Presidential leadership on this serious Please provide me a summary, if you have fects, including a lifetime of low-pay- matter. We need a White House Con- one, as to how many of the businesses to which economic censuses were mailed were ing jobs and even unemployment. ference on Food and Nutrition to de- sole proprietors or small businesses or cor- America has several antihunger safe- velop a comprehensive plan that will porations? How many would you consider to ty net programs to deal with hunger. address all aspects of hunger in Amer- be large corporations? Were there any For- Some of these programs are specifi- ica, especially child hunger. We need tune 500 companies?

VerDate Mar 15 2010 23:50 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.002 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2303 They didn’t tell me. speak Spanish. They were even told to the sequester and achieve the same Please tell me how many Federal employ- shave their mustaches until ‘‘they gave savings. It was rejected, not once, not ees from your agencies were involved in the proof of their manhood.’’ twice, not three times, but all four development and execution of the economic Despite this adversity, the Regiment em- times by the Republican majority. census. Do you not need to count Postal braced their Hispanic heritage, calling them- They wouldn’t even allow it to be made Service time while delivering or returning selves ‘‘Borinqueneers’’ after the Taino word in order to be put on this floor to have the forms? for Puerto Rico. a debate on and a vote. This trans- No answer. The Regiment served with distinction during parent new leadership that we were Please provide me with the names of any the Battle of Chosin Reservoir in December supposed to have wouldn’t even allow a Federal employees associated with the devel- 1950. Fighting alongside the 1st Marine Divi- vote on this issue. opment of the economic census that have sion, they covered one of the greatest stra- ever owned or operated any business whatso- b 1020 ever in the private sector. tegic withdrawals in military history. Fighting in temperatures as low as Negative 37 degrees, Now the Senate has passed a budget They did not answer. the Borinqueneers were among the last de- which the Republicans have been cry- Please provide me with the identity of any fenders of Hungham harbor, and suffered tre- ing wolf about forever. The Senate Federal agency which has ever provided the passed a budget. It replaces sequester. kind of detailed financial information and mendous casualties during the evacuation. The Regiment later participated in numerous It achieves the savings that we need to operating information to citizens that achieve over time. The Ryan budget you’ve requested from the people you are battles, conducting the last recorded battalion- supposed to serve. size bayonet charge in Army history. Though was passed, which is tantamount to sequester. So now we’re asking to go to No answer. they struggled with a grave shortage of trained non-commissioned officers and personnel poli- conference, but we haven’t gone to con- The cost of completing the questionnaire ference. will be costly for small business. How much cies that pushed it to the breaking point, they do you anticipate the cost of labor will be to overcame these challenges, fighting valiantly, This week has been a lost week. a business to comply with your request to and earning the respect and admiration of You’ve heard about a lost weekend. complete the questionnaire? their commanders. This week, this House has done prac- No answer. The Borinqueneers are part of a proud tradi- tically nothing. Now we’re going to Please advise how the information gleaned tion of service in the face of adversity that in- take 2 days, today and tomorrow, to from these questionnaires will be used. cludes the Tuskegee Airmen, Montford Point consider a bill about helium that could They gave me some generalizations. Marines, Navajo Code Talkers and the Japa- be passed in 10 minutes, which is non- nese-American 442nd Regimental Combat controversial and passed out of com- Please explain the benefit you anticipate mittee by a voice vote. the public will gain from the questionnaire. Team—all of whom have already received the Congressional Gold Medal. Will we deal with sequester, which is Well, sort of. They said it would help causing America such grief right now? them look at statistics. I therefore rise in support of the Borinqueneers—the Forgotten soldiers of a We will not. Please provide me with a one-page sum- Forgotten war—and urge all of my colleagues It is a shameful performance by the mary of major activities performed by your Congress of the United States. It is an agencies. Please cite the number of times to join us by cosponsoring this legislation to you perform each activity and the cost of ensure that the Borinqueneers receive their irresponsible performance by the ma- performing each activity on a unit cost long overdue recognition. jority leadership of this House that we basis. The aggregate cost of all performing f will not have the opportunity to re- activity should be equal to the exact amount place this irrational, stupid, non- of money that was passed through your agen- SEQUESTER commonsense policy we call ‘‘seques- cies during a 1-year period. The SPEAKER pro tempore. The ter.’’ Of course, they did not answer that. Chair recognizes the gentleman from Some Republicans say, well, this is They have no problem demanding Maryland (Mr. HOYER) for 5 minutes. the President’s policy. That’s baloney. that information from the private sec- Mr. HOYER. Mr. Speaker, sequester It’s not true. It’s a fraud. The Presi- tor, but the government sector is com- starts with ‘‘S.’’ That stands for ‘‘student is against this policy. The Senate pletely unwilling to go through the pid.’’ It is an irrational policy with no Democrats are against this policy, and least little amount of trouble to pro- common sense attached to it, and it is House Democrats are against this pol- vide Congress with that same informa- a policy that we are headlong pursuing icy. If I were the majority leader, as I tion. as a result of the actions of the major- once was, this policy would not have We are often thought to believe that ity in this House. It is a policy that the gone into effect, and I want the Amer- what’s good for the goose is good for President of the United States opposes, ican people, Mr. Speaker, to know that. the gander, and so I will persist on try- it is a policy that the majority in the There were some who pretended, oh, ing to get answers to those questions United States Senate opposes, and it is it will have no effect. Well, it’s having for the constituents in my district, and a policy that all of the Members of the an effect on the flying public right hopefully for those in your districts Democratic Party in this House op- now; and on the Food and Drug Admin- that have also been interested. pose. istration, in overseeing food safety, it’s AWARDING CONGRESSIONAL GOLD MEDAL TO My friend on the floor here shakes going to have an effect. There are 70,000 PUERTO RICO’S 65TH INFANTRY REGIMENT his head, but he voted for a bill. It was children who qualify for Head Start Mr. POSEY. Mr. Speaker, I would called Cut, Cap, and Balance. And Cut, who are not going to have a seat in also like to say I am pleased to be here Cap, and Balance said we have a target, Head Start. today and joined by Resident Commis- but if we don’t meet it what happens? Ladies and gentlemen of this House, sioner PIERLUISI in support of a bill Sequester happens—sequester happens. we ought to be doing some real work awarding the Congressional Gold Medal The Republicans passed that through this week, not putting bills on the floor to Puerto Rico’s 65th Infantry Regi- this House long before any deal was and then taking them off the floor be- ment, also known as the made not to default on our national cause, very frankly, the majority party Borinqueneers. debt, which included a provision for se- can’t get its act together. We’re now When the Korean war erupted in 1950, quester so that we would achieve having a helium bill on the floor for 2 the soldiers of the regiment served in a Speaker BOEHNER’s objective articu- days. We’re not even going to vote on segregated unit, despite President Tru- lated March of 2011 on Wall Street that the helium bill today—we’re going to man’s order desegregating the military we would cut dollar for dollar the in- vote on the rule—and at about 2:30 2 years earlier. crease in the debt. That’s why we have today, we’re going to adjourn. Army commanders doubted the effec- a sequester. It starts with ‘‘S.’’ It is a My, my, my. What a hard workday. tiveness of these Puerto Rican troops, stupid policy. It is a negative policy. It We’re not dealing with the budget. calling them ‘‘rum and Coca-Cola sol- is a policy that is hurting America. We’re not dealing with the budget con- diers.’’ They were required to use sepa- CHRIS VAN HOLLEN, the ranking Dem- ference. We’re not dealing with getting rate showering facilities and ordered ocrat of the Budget Committee, offered this country on a fiscally sustainable under penalty of court-martial not to an amendment four times to replace path. We’re not dealing with getting

VerDate Mar 15 2010 23:50 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.004 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2304 CONGRESSIONAL RECORD — HOUSE April 25, 2013 rid of the sequester. We’re dealing with Lake City area. The abuser occasion- recognition that Congress, acting on a noncontroversial helium bill that ally would leave and take Elizabeth behalf of a grateful Nation, can bestow could pass in 10 minutes in this House. Smart with him, but he would tell her, upon an individual or group in recogni- America, Mr. Speaker, is angry, and I ‘‘If you ever scream and tell anybody, I tion of outstanding and enduring don’t blame them. I’m angry, too. will kill your family.’’ achievement. As our legislation states: America is disgusted with us. I don’t She believed that. A 14-year-old girl The highly decorated 65th Infantry Regi- blame them. I’m disgusted with us as obviously would believe that, so she ment is deserving of this award because of well. I don’t blame Mr. and Mrs. Amer- never cried out because she didn’t want its ‘‘pioneering military service, devotion to ica for saying that Congress is not anything bad to happen to her wonder- duty and many acts of valor in the face of diversity.’’ doing its work. They’re right. We’re ful family. Meanwhile, Mom and Dad not. We were sent here to serve the and the brothers and the sisters every Between 1950 and 1953, the regiment American people and our country and day hoped—but no results in finding participated in some of the fiercest make it stronger, and we’re not doing her. battles of the Korean war; and its that. We’re failing to come together When she would go out with the evil- toughness, courage, and loyalty earned and reach compromise and consensus doer, forcibly, he would even put a wig the admiration of those who had pre- for positive action in our country. over her head and a veil. He would dis- viously harbored reservations about How sad, Mr. Speaker. How sad for guise her so that, if people in the Salt Puerto Rican soldiers based on stereo- our country. How sad for our people. Lake City area knew Elizabeth Smart, types. One individual whose misconceptions How sad for our families. There are they wouldn’t recognize her. were shattered was William Harris, good people on both sides of this aisle, Finally, after 9 months, Elizabeth who served as the regiment’s com- but we’re not coming together to do Smart was with the evildoer who sexu- mander during the early stages of the our duty for America. How sad. ally assaulted her—and with his wife— law. Harris recounts that he was reluc- and a police car stopped. The police of- f tant to take command of the unit be- ficer started questioning Elizabeth ELIZABETH SMART cause, like many U.S. military leaders, Smart. She didn’t say anything be- he assumed that Puerto Rican soldiers The SPEAKER pro tempore. The cause she remembered that the evil- were not as capable as other troops. Chair recognizes the gentleman from doer said he would kill her family. Un- Following the war, Harris recalled that Texas (Mr. POE) for 5 minutes. beknownst to Elizabeth, her sister had his skeptical attitude did not survive Mr. POE of Texas. Mr. Speaker, sev- given the police a sketch of the person first contact with the enemy and that, eral years ago in Salt Lake City, Utah, who had kidnapped her. The police in fact, his experience ultimately led there was a happy family—a mom and took Elizabeth Smart to the police sta- him to regard the men of the 65th as a dad, six kids—happy as they could be. tion, and after a few minutes, in comes On the typical summer day of June 5, the best soldiers he had ever seen. her father. Another individual who came to hold 2002, the kids and the family had their She was rescued after 9 months—The prayers. Two of the girls went up to the 65th in high esteem was General criminals went to prison. Douglas MacArthur. In March 1951, their room. The older girl read to the Elizabeth Smart is now 27 years of younger girl. They went to sleep. after months of heavy engagements age, and she has used this awful trag- with the enemy in which the 65th And then the nightmare began. edy of being kidnapped and sexually as- In the middle of the night, the older played a critical role, General Mac- saulted as a child in order to help other Arthur wrote the following: girl, who was a 14-year-old child, was sexual assault victims in this country. awakened. The man who woke her up The Puerto Ricans forming the ranks on She started the Elizabeth Smart Foun- the gallant 65th Infantry on the battlefields had a knife to her throat. The younger dation. A couple of weeks ago, she was girl woke up, too, but was in fear and of Korea by valor, determination and a reso- in Houston. She spoke very forcefully lute will to victory give daily testament to shock and terror and could not phys- to a group of women—several hun- their invincible loyalty to the United States. ically even move. So the kidnapper dred—about being abused. They are writing a brilliant record of took the 14-year-old girl, climbed out So, this Victims’ Rights Week, Mr. achievement in battle, and I’m proud, in- the window with her, and at Speaker, I want to honor Elizabeth deed, to have them in this command. I wish knifepoint, they left in the middle of Smart and all of those other sexual as- that we might have many more like them. the night. Finally, the younger girl sault victims—especially children— By the time fighting came to a close was able to get some type of composure who have been assaulted by evil people in Korea in July 1953, soldiers in the and tell her parents what had hap- in this country, and let us remember to 65th had earned 10 Distinguished Serv- pened. support them totally in their recovery. ice Crosses, about 250 Silver Stars, over The police get involved, and they And that’s just the way it is. 600 Bronze Stars, and nearly 3,000 Pur- start looking for Elizabeth Smart, but ple Hearts. As a collective, the regi- they didn’t find her that night, and f ment won numerous awards, including they didn’t find her the next day be- b 1030 two Presidential Unit Citations, the cause Elizabeth Smart had been kid- Nation’s highest unit-level recognition AWARDING THE CONGRESSIONAL napped by an individual who took her for extraordinary heroism. The unit’s GOLD MEDAL TO THE 65TH IN- to a secluded place. The first thing he disproportionately high casualty rate FANTRY REGIMENT wanted to do, of course, was to abuse underscored the fact that it had been her—and he did. He sexually assaulted The SPEAKER pro tempore. The serving on the front lines, face to face her, and he sexually assaulted her, and Chair recognizes the gentleman from with the enemy at the very tip of the he sexually assaulted her. He tied her Puerto Rico (Mr. PIERLUISI) for 5 min- spear. between two trees, Mr. Speaker, and utes. In a 2010 obituary that appeared in sexually assaulted her. He did every- Mr. PIERLUISI. Mr. Speaker, today The New York Times for 87-year-old thing he wanted to do to her for 9 Congressman BILL POSEY of Florida Modesto Cartagena, one of the most months. and I will introduce bipartisan legisla- decorated soldiers from the regiment, That 14-year-old girl was gone, kid- tion to award a Congressional Gold it was observed that in Korea: napped—parents scared to death and Medal to the 65th Infantry Regiment, a Puerto Rican soldiers surmounted not only worried about one of their six children. famed U.S. Army unit know as the the Communist enemy, but also prejudicial The police were looking, but they Borinqueneers composed almost en- attitudes. never found her, not for 9 months. tirely of soldiers from the U.S. terri- This same point was made with par- This evil person who kidnapped Eliz- tory of Puerto Rico that overcame dis- ticular eloquence in 2000 by Secretary abeth arranged a fake marriage to try crimination and earned praise and re- Louis Caldera during a ceremony hon- to marry her even though he was mar- spect for its comeback performance in oring the regiment when he said that ried to another individual lawfully. So the Korean war. the soldiers of the 65th were fighting to the wife, the abuser, and Elizabeth The Congressional Gold Medal is con- protect the people of South Korea, even Smart stayed in hiding in the Salt sidered the most distinguished form of as they struggled against the injustice

VerDate Mar 15 2010 23:50 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.006 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2305 in the ranks of the military that they to Work Act would create a huge boost Joneses in every congressional district. loved and served so well. in our economy; and, therefore, I urge I believe as a country we have endless Mr. Speaker, in the face of unique Congress to take up the National Right potential to improve outcomes of challenges, the men of the 65th regi- to Work Act. Duchenne muscular dystrophy and so ment served our Nation with great f many other diseases that our children skill and tremendous grace. Their con- face; and I think this should be a bipar- IN HONOR OF MITCHELL DEE tributions to our country have been tisan effort. JONES recognized in many forms. Streets and As we work in service of our con- parks bear their name. Monuments and The SPEAKER pro tempore. The stituents, I hope we will all reflect on plaques memorialize their accomplish- Chair recognizes the gentleman from the Joneses in Herriman, Utah, and the ments. And cities and States have ap- Utah (Mr. MATHESON) for 5 minutes. priorities of real American families. proved resolutions in their honor. I be- Mr. MATHESON. Mr. Speaker, I rise These are citizens who inspire us to lieve it is time that Congress pay trib- today to honor the life of an inspira- work harder, to do better, to solve ute to the 65th, and so I ask my col- tional young man from my district. problems, and to make a difference. leagues to join me in the effort to Mitchell Dee Jones from Herriman, Mitch’s legacy is one of love and award the regiment with the Congres- Utah, passed away on March 2 of this compassion of an inspiring young man sional Gold Medal. year after a lifelong battle with who faced every challenge with bravery f Duchenne muscular dystrophy. and faith. Here in Congress we should Mitch was a beloved son, brother, strive to live and serve in the same END FORCED UNION DUES IN friend, and Latter-day Saint. He lived way. AMERICA life to the fullest and loved others self- f The SPEAKER pro tempore. The lessly. In the very best ways, Mitch Chair recognizes the gentleman from was a typical 10-year-old boy playing b 1040 ING board games, building with Legos, four- Iowa (Mr. K ) for 5 minutes. STRENGTHENING OUR STRATEGIC Mr. KING of Iowa. Mr. Speaker, I’m wheeling, camping, and enjoying the ALLIANCES here today to ask my colleagues to join outdoors in Utah with his family. His me in supporting an end to forced sense of humor, of adventure, and of The SPEAKER pro tempore. The union dues in America. I’m talking devotion to his family touched thou- Chair recognizes the gentleman from about the National Right to Work Act, sands. Both in his life and in his pass- Ohio (Mr. TURNER) for 5 minutes. which I recently reintroduced here in ing, Mitch’s dignity and gentleness, Mr. TURNER. Mr. Speaker, the the 113th Congress as H.R. 946. strength of spirit, and quiet resolve re- American public always decries the Every American should have the veal his exceptional character. partisan tone that happens here on this power to negotiate with their employer I hope you will join me today in hon- House floor, and I’m always amazed about the terms of their employment, oring the life of this very special young when people come down to the House but no American should be forced to man who brought others together, who floor and rail on Republicans and pay union dues just to get or keep a touched lives in a profound way, and Democrats and try to place blame. I’m job. However, when Congress enacted who inspired us all. always particularly amazed when the National Labor Relations Act in Mitch’s parents, Chris and Natalie someone comes to the House floor and 1935, it established monopoly bar- Jones, have humbly shared their fam- blames the Republicans for a bill that gaining, and that monopoly bargaining ily’s journey with our community in they voted for. I voted against seques- conscripts workers who want nothing Utah and with countless others around tration, and I certainly agree with Mr. to do with the union into paying union the world. They opened their lives and HOYER’s current statements of how bad dues. That doesn’t sound like the Mitch’s story so they might serve oth- sequestration is. It just would have America that I know. ers, bringing an important awareness been nice if the consistency was there In 1947, Congress admitted this provi- and a better understanding of their in the actual voting record besides just sion violated the rights of workers; but son’s condition and that of others with the attempt to blame Republicans. because the votes weren’t there to fully Duchenne muscular dystrophy. This clearly was a project that was repeal this provision, they opted in- I urge my colleagues on both sides of proposed by the President. I opposed it stead to allow the States to opt out of the aisle to learn more about Mitch’s because I knew it was going to wreak the NLRA’s monopoly bargaining stat- story and about Duchenne muscular havoc on our national security. And I ute. That was a provision that the dystrophy by following his father’s wish those who now see its folly actu- States, though, had to pass laws to ex- Facebook journal called ‘‘Mitchell’s ally had voted against it when it was empt themselves. Journey.’’ on the House floor. To date, 24 States have enacted these This coming Monday, on April 29, the But, Mr. Speaker, I’m here today to right-to-work laws; and because of city of Herriman, Utah, will honor talk about energy security. It con- that, they have been able to mitigate Mitch’s life with the recognition of tinues to play an important role in the negative effects of our misguided Mitchell Jones Day. Here in our Na- global relationships and dialogue. In Federal labor law on their citizens and tion’s Capital, we can join together to my role as chairman of the U.S. delega- their economy. Iowa is one of those do the same by familiarizing ourselves tion to the NATO Parliamentary As- States. with the disease that ultimately took sembly, many foreign leaders and offi- But the fact remains that Congress Mitch’s life. cials have expressed to me the need to created this problem in the first place Duchenne muscular dystrophy is a diversify energy resources away from by making forced unionization the de- genetic muscular disorder that most one source or from unstable regions. fault position for all States. Since Con- often affects young boys and is charac- As we all know, the United States is gress created this problem, it is Con- terized by a progressive muscle weak- currently experiencing a surplus of gress’ responsibility to correct it. The ness and degeneration. It is typically natural gas production, helping to keep National Right to Work Act does so diagnosed early in life and is usually the price low compared with global without adding a single new word to fatal in the late teens or early rates. This is creating opportunities to the Federal Code by simply erasing the twenties. For some, like Mitch, the dis- boost job growth right here at home forced-dues clauses in the Federal stat- ease progresses quickly and affects the and for U.S. natural gas to compete in ute. voluntary muscles of limbs and torso the global marketplace. While the votes weren’t there to re- and eventually the involuntary muscle In fact, a recent Department of En- peal this provision in 1947, they should function of the heart and lungs. ergy commissioned report found that be there today because we now have As legislators, it is stories like increasing exports of natural gas would decades of data to compare forced-dues Mitch’s that should remind us of the have positive economic benefits for our States and workplace-freedom States. magnitude of our decisions about time country. In my home State of Ohio, ex- The results of this nationwide experi- and resources. The course we chart for ploration and development in the Utica ment suggest that the National Right our country is real for families like the Shale would have a $5 billion economic

VerDate Mar 15 2010 23:50 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.008 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2306 CONGRESSIONAL RECORD — HOUSE April 25, 2013 impact and create or support nearly that allows the addition of other for- Jazzy Jordan understands that and is 66,000 jobs in Ohio by 2014. eign countries to this list if the Sec- now head of The Jordan Webster Increasing natural gas exports would retary of State deems, in consultation Group, a film and music production not only help reduce our trade deficit with the Secretary of Defense, that it house in Washington, D.C. A brilliant and create job opportunities for Amer- would be in our national interest. businessman, he has a great love of ican workers but would also help key Exporting U.S. natural gas presents gospel music. We are grateful for his allies diversify their energy sources, opportunities to create American jobs service to Verity Gospel Music Group, bolster their energy and national secu- while helping to bolster our strategic now known as RCA Inspiration. Mr. rity, and strengthen our strategic alli- alliances. I urge all of my colleagues to Jordan was a founding board member ances. Many of our allies are heavily support this important bill that would of the Gospel Music Heritage Founda- reliant on natural gas from either one have great economic impacts for the tion and cochair, with gospel music ad- country or from unstable regions and United States. vocate Mr. Carl Davis of my district, of are paying significantly higher prices. f the Evolution of Gospel Celebration Several of the largest natural gas im- HONORING GOSPEL MUSIC which kicks off Gospel Music Heritage porters are also NATO members with PIONEERS Celebration in the Nation’s capital. Mr. strong national security ties to the Jordan was executive producer for United States. In recent years, several The SPEAKER pro tempore. The Gold, Platinum, Grammy, Stellar, and European countries have experienced Chair recognizes the gentlewoman from Dove award-winning projects. Through- Texas (Ms. JACKSON LEE) for 5 minutes. natural gas supply disruptions from out his career, he served as a creative Ms. JACKSON LEE. Mr. Speaker, Russia, the largest supplier of natural producer and has marketed and pro- gas to Europe. Turkey relies on 20 per- later on today, the President will join my fellow Texans in West, Texas, to moted many awarding-winning CDs cent of its natural gas from Iran. and gospel artists that have included Earlier this year, Islamist militants mourn the loss of so many who died in a tragic plant explosion last week. Kirk Franklin, and as well worked with attacked a natural gas facility in Alge- DJ Jazzy Jeff and Will Smith—‘‘Fresh ria, which is the third-largest exporter Many of them were first responders. And many who will come to mourn and Prince.’’ of natural gas to Europe. Oh, he knows music. And to tell you Japan, a strategic ally in Asia and al- celebrate life and the life of West, Texas, are those who have been harmed that he does, he has engaged and ready the world’s largest importer of worked with the likes of Kirk Frank- natural gas, may need to seek greater and injured. I will join them in spirit, as I know my colleagues here today lin, as I said, Marvin Sapp, Donnie imports of natural gas as a result of McClurkin, Fred Hammond, Heather the 2011 nuclear plant disaster. Japan will. That’s why as I rise today to com- Kyle Walker, Donald Lawrence, Rich- already relies on 42 percent of its nat- memorate and salute two gospel music ard Smallwood, Byron Cage, John P. ural gas from Russia, the Middle East, titans, it becomes even more appro- Kee, Jay Moss, Crystal Aikin, Deitrick and North Africa. priate to salute my friend, James Haddon, and DeWayne Woods. Mr. Jor- The surplus of U.S. natural gas pro- ‘‘Jazzy’’ Jordan and Mr. Don Jackson, dan is truly one who lives his life in duction is already having an impact on for they understand the value and mes- commemorating and cultivating and global natural gas markets. Natural sage of gospel music. nurturing the gospel tradition, the gos- gas previously destined for the United Gospel music holds a special place in pel tradition which has now spread be- States, but no longer needed as a result the American experience. Gospel music yond the borders of this Nation. of our domestic increased production, was a release from suffering and hard- He is joined by Mr. Don Jackson, the has been diverted to other markets. ship, but it was also a form of praise founder, chairman, and CEO of the 41- For example, in 2012, nearly half of the and protest. I would like to thank year-old Central City Productions, now natural gas supplied to Europe was Jazzy Jordan for understanding that as the founder and organizer of the Stella purchased under spot contracts. Help- we introduced in 2008 the Gospel Music Awards. ing our allies diversify their energy re- Heritage legislation that establishes I am grateful that Mr. Jackson sources is important to strengthening September in the United States of thought it was important to recognize our partnerships and bolstering secu- America as Gospel Music Heritage those who excelled in gospel music. He rity. Month. graduated from Northwestern Univer- Under section 3 of the Natural Gas We hope as we have faced these trag- sity and entered a career in media and Act, companies seeking to export nat- edies over the last couple of weeks that broadcasting with a number of sta- ural gas must receive permits from the Americans, no matter what their reli- tions, WBEE and WVON, a top radio Department of Energy, which deter- gious background or nonreligious back- station in Chicago. As he founded Cen- mines if such exports are in the public ground, will find relief in this joyful tral City Marketing in 1970, his com- interest. Export permits to U.S.-free and comforting music. Spirituals once pany over 41 years involved itself in en- trade countries are automatically ap- sung by slaves transformed into gospel couraging and helping others promote proved. Non-free trade countries must songs sung by free people who had their their issues. He had involvement in go through a process. own space and place to express their promotion and sales and production of In general, when it comes to export- emotions and tell their stories in media and television. ing U.S. goods, we often talk about music—those spirituals have been 1050 barriers in other countries for U.S. pro- translated into gospel music. b ducers that they must overcome to sell Gospel music could express the joys But his first gospel music awards their products, but in this instance we and sorrows of so many people. All of show in the United States, the Stellar have a domestic barrier that prevents us remember and have often sung the Awards, was produced by his company. us from exporting our natural gas to song ‘‘Amazing Grace,’’ created by one The Stellar Awards honors gospel consumers willing and eager to buy. who saw this wonderful resilience of music artists, writers, and industry There are currently 20 applications their life when they thought they had professionals. before the Department of Energy from been lost. That is truly American and He is one who has featured so many companies seeking approval to export American gospel music. artists, such as the Clark Sisters, Kirk natural gas. As the DOE evaluates We know the early founders: Thomas Franklin, Da’ T.R.U.T.H., Mary Mary, these applications, I hope it takes into Dorsey, Mahalia Jackson, James and many others. consideration the domestic economic Vaughan, James Cleveland, and now Mr. Speaker, as I close, let me simply benefits. today Kirk Franklin, and Yolanda say, these two men are more than de- I have authored bipartisan and bi- Adams, among so many. And then serving of being American icons, and cameral legislation, H.R. 580, the Expe- those who were influenced by gospel we congratulate them for loving, cher- dited LNG for American Allies Act, music: Sam Cooke, Al Green, Elvis ishing, and promoting gospel music. which would make approval of export Presley, Aretha Franklin, Whitney Mr. Speaker, I rise to recognize two of licenses to NATO countries and Japan Houston, Little Richard, Buddy Holly, America’s pioneers in gospel music: Mr. automatic. This bill creates a process among many. James ‘‘Jazzy’’ Jordan and Mr. Don Jackson.

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\K25AP7.010 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2307 Jazzy Jordan and Don Jackson are titans in five million copies; Joe on his tops selling CDs ades the company has specialized in mar- the field of Gospel Music. Over the last 30 All That I Am, which was a platinum selling keting, promotion, sales, and the production years their combined efforts have elevated this album, and My Name Is Joe, which sold over of media and television programs for African Americans. unique American art form to national and inter- three million copies; and three of R. Kelly’s Today, CENTRAL CITY PRODUCTIONS, national prominence. CDs—R. Kelly, R. and TP–2.Com, which all INC., is the full-service company that pro- Gospel music holds a special place in the sold more than three million copies. duces, syndicates, and manages advertising American experience. Just as Jazz is well The other person I want to recognize is Mr. sales for all of the company’s local and na- known far from our nation’s shores, the spread Don Jackson, the founder, chairman and CEO tional television programs. Central City Pro- of gospel music has also become popular of the 41–year-old CENTRAL CITY PRODUC- ductions’ mission is to develop, produce, and around the world. Gospel music holds a TIONS a national television production, sales, market television programming which is de- unique place in the African experience—its and syndication Company based in Chicago, signed to communicate positive, uplifting images of Black people all over the world. roots are deep in the black church. For gen- Illinois. Mr. Jackson after graduating from North- Under his guidance and vision, CCP has erations, gospel music could only be heard on launched many new and unique television Sunday mornings where African American western University entered a career in media programs to Black Americans nationwide. people gathered to worship. and broadcasting with WBEE & WVON radio. Many of these programs have more than 30 Church was a place where black people felt He was someone to watch—and for good rea- years of consecutive airing over local and na- truly free and safe to express themselves. son—he became youngest and first African tional television. Gospel music was a release for suffering and American sales manager at WVON, the top Mr. Jackson also gives back to the commu- radio station in the Chicago media market at nity as a member of several organizations. hardship—it was a form of praise and protest. He is the former chairman of the board of Spirituals once sung by slaves transformed the time. He had to work hard and be extremely smart to reach such notable success the DuSable Museum of African American into gospel songs sung by free people who History. He has also previously served on the had their own space—and place to express at such a young age. boards of Northwestern University, Junior their emotions and tell their stories in music. In 1970, Mr. Jackson founded CENTRAL Achievement of Chicago, Columbia College, Gospel music could express the joys and CITY MARKETING. His company for over 40 Gateway Foundation and Chicago Transit sorrows of black people in ways that touched years has specialized in marketing, promotion, Authority Board. those who were not African American. There sales, and the production of media and tele- In addition, Mr. Jackson is the founder and vision programs for African Americans. The a member of A.B.L.E. (Alliance of Business were lessons to be learned for the artists and Leaders and Entrepreneurs), which is the the listeners. Famous jazz and rock-and-roll first Gospel Music Awards show in the United States, the Stellar Awards, was produced by first business organization bringing Black artists perfected their singing styles by visiting Leaders together in the business community black churches to listen to gospel music. CENTRAL CITY MARKETING. The Stellar to network, to address business issues and to Gospel music traditions produced many Awards honor Gospel Music Artists, writers, provide a legacy for future African American memorable voices and musical pioneers in the and industry professionals for their contribu- entrepreneurs. history of our country; singers like Thomas tions to the Gospel Music Industry. The Stellar He has received numerous awards for his Dorsey, Mahalia Jackson, James Vaughan, Awards program is syndicated in over 140 business accomplishments and community markets nationwide. involvement. Mr. Jackson is married to Roberta Martin, Virgil Stamps, Diana Wash- Rosemary Jackson. The couple has two adult ington, James Cleveland, The Mighty Clouds The Stellar Awards has featured well known gospel artists that include the Clark Sisters, children and two grandsons, Donovan and of Joy, Kirk Franklin, Yolanda Adams, and The Dain. Their daughter Rhonda is a graduate Winans among many others. Kirk Franklin, Da’ T.R.U.T.H, Tye Tribbett, of Syracuse University, and their son Baba Gospel music has inspired and influenced Mary Mary, Heather Headley, CeCe Winans, Dainja graduated from the University of other music art forms and artists that include Marvin Sapp, Yolanda Adams, Donnie Minnesota. Sam Cooke, Al Green, Elvis Presley, Marvin McClurkin, and Tamela Mann. Atlanta, Chi- JAMES ‘‘JAZZY’’ JORDAN Gaye, Aretha Franklin, Whitney Houston, Little cago, Houston, Los Angeles, Nashville, and Richard, Ray Charles, Buddy Holly, Alan Jack- New York have been the location of the Stellar James ‘‘Jazzy’’ Jordan is head of The Jor- Awards programs. Through his efforts, the dan Webster Group, a film and music produc- son, Dolly Parton, Mariah Carey, Bob Dylan, tion house in Washington DC. Projects to be and Randy Travis. spread of gospel appreciation is traveling far beyond our nation’s shore and finding new released this summer are ‘‘Your Husband Is I stand in the well of the House to honor two Cheating On Us’’ starring JD Lawrence, A re- men who are my friends who also are great converts every day. ality TV series The Football Moms with contributors to the American experience by Because of the efforts to these two men Reggie Bush’s mother Denise, Adrian Peter- preserving and cultivating new converts to the scholars now know—if you want to truly un- son’s mother Bonita and others. gospel music. Through their efforts gospel derstand the black American experience—you Mr. Jordan is also developing a theatrical music has in a very short time period ex- must understand the music of that experience film titled ‘‘ColorBlind’’ starring JD Law- rence and directed by Bill Duke, he is film- panded beyond the black church to a broader and a way to do this is through gospel music. I ask my colleagues to join me in applaud- ing a new comedy TV series for Comedian global audience. ing the life achievements of Mr. Don Jackson Michael Colyar, taping this summer at The Mr. James ‘‘Jazzy’’ Jordan is head of The Howard Theater in DC. Jordan Webster Group, a film and music pro- and Mr. James ‘‘Jazzy’’ Jordan. He most recently was Executive Vice duction house in Washington DC. Mr. Jordan 40 YEARS OF MEDIA MARKETING EXPERIENCE President/General Manager of Verity Gospel is a brilliant businessman with a love of gospel Don Jackson is the founder, chairman, and Music Group (VGMG). A division of Sony music, which he fully expressed in his leader- CEO of 41-year-old CENTRAL CITY PRO- Music Entertainment, INC., it is the largest gospel music company in the world. ship of the Verity Gospel Music Group now DUCTIONS, Inc., a national television production, sales, and syndication company The VGMG roster of artists includes: Kirk known as RCA Inspiration. Mr. Jordan is a based in Chicago, IL. Franklin, Marvin Sapp, Donald McClurkin, founding board member of the Gospel Music Mr. Jackson is a Chicago native who grad- Fred Hammond, Hezekiah Walker, Donald Heritage Foundation and is Co-Chair along uated from Marshall High School, where he Lawrence, Richard Smallwood, Kurt Carr, with Gospel Music Advocate Carl Davis of the played on the school’s 1960 state champion- 21:03, Byron Cage, John P. Kee, J. Moss, ‘‘Evolution of Gospel Celebration’’ that Kicks ship basketball team. He also started on the Crystal Aikin, Deitrick Haddon, Dewayne off Gospel Music Heritage Celebration in the 1961 Marshall basketball team, which won Woods, and others. 3rd place in the state championship. He at- Over his 30-year career, Jordan has worked Nation’s Capital. in a variety of areas within the music indus- Over his 30 year career, Mr. Jordan was extended Northwestern University on a basketball scholarship and was captain of the Uni- try, including retail, radio broadcasting and ecutive producer for Gold, Platinum, marketing. These experiences have given ® versity’s 1965 Wildcat basketball team. Mr. GRAMMY , Stellar and Dove award-winning Jackson earned his B.S. in Radio, TV, and him a 360-degree view of the music business projects. Throughout his career, Jordan has Film from Northwestern in 1965. and uniquely equipped him to shepherd art- served as executive producer or has marketed After graduating from Northwestern, Mr. ists to success. Jordan was in charge of all or promoted many award-winning CDs for Jackson worked in the media and broadcast operations for Verity Gospel Music Group, gospel artists that included Kirk Franklin and industries in sales at WBEE & WVON radio. Jordan lent his business acumen and expertise to the consistently successful label. He R. Kelly. He also, worked with DJ Jazzy Jeff He became the youngest and first African American sales manager at WVON, the top has served as executive producer for Gold, and The Fresh Prince (Will Smith) on their radio station in the Chicago market at the Platinum, GRAMMY®, Stellar and Dove album Parents Just Don’t Understand, which time. award-winning projects such as Hello Fear sold over four millions copies; Salt N’ Pepa on In 1970, Mr. Jackson founded CENTRAL and The Fight Of My Life (Kirk Franklin), their Very Necessary album, which sold over CITY MARKETING, INC. For over four dec- Thirsty and Here I Am (Marvin Sapp), Live

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In London (Donnie McClurkin), Show Up Republican opposition over the budget NATIONAL SECURITY (John P. Kee), and many others. led to an agreement, which ultimately Last week, we were all horrified to watch Jordan has held senior executive positions resulted in this sequestration decision. the bombings at the 117th Boston Marathon. at Tommy Boy, RCA and PolyGram record Republican leadership has failed to We all applauded the valiant and successful labels. In 1995, he was named Vice President of Black Music Marketing at Jive Records. bring to the floor this week measures efforts of law enforcement. Even so, the intel- At Jive, Jordan not only played a vital role to build our economy. We should be fo- ligence community who diligently worked with in the label’s success in urban music, he also cused on salient measures designed to local law enforcement to ultimately capture a helped to launch Verity Records and cata- grow our economy and create jobs. bombing suspect is not immune from the im- pult it into the most successful gospel record Republican leadership has also failed pacts of sequestration. label to date. to fully address the issues arising from As a direct result of sequestration the Na- Throughout his career, Jordan has served sequestration; although, it is clear that tional Intelligence Community could receive 4 as executive producer or has marketed or these cuts are arbitrary, indiscrimi- billion dollars in cuts. Consider a recent state- promoted over 50 award-winning CDs for art- nate, and far too blunt. ment from National Intelligence Director ists ranging from Will Smith to Kirk Frank- lin. He worked with DJ Jazzy Jeff and the The American people may be aware James Clapper. He stated ‘‘sequestration Fresh Prince (Will Smith) on their album of the obvious impacts of sequestra- forces the intelligence community to decrease Parents Just Don’t Understand, which sold tion, such as the closing of national all intelligence actions and functions without over four millions copies; Salt N’ Pepa on parks and the elimination of tours at regard to the impact on our mission. It is my their Very Necessary album, which sold over the White House; however, Americans judgment, as our nation’s senior intelligence five million copies; Joe on his tops selling might not be aware of how sequestra- officer, that sequestration jeopardizes our na- CDs All That I Am, which was a platinum tion can impact important parts of tion’s safety and security, and this jeopardy selling album, and My Name Is Joe, which their lives and this economy. will increase over time.’’ sold over three million copies; and three of. Let’s take air travel. Some of you Kelly’s CDs—R. Kelly, R. and TP2.Com, We all watched on television as the Federal which all sold more than three million cop- have heard about what is going on in Bureau of Investigation, FBI, Hostage Rescue ies. our airports. Imagine that you’re try- Team bravely apprehended the surviving Bos- A man of many interests and skills, in 2006 ing to get to the airport to catch a ton bombing suspect. It is at these moments Jordan was one of only two African Ameri- flight to attend your daughter’s wed- the American public can witness the training cans to have ownership in an Indy 500 ding or graduation or to see about a and skill of FBI agents. Yet, even the FBI is racecar (the other was NBA All-Star sick relative, or you’re a business trav- not protected from sequestration. Carmelo Anthony). Jordan’s car placed 12th eler trying to meet a potential client Last month, FBI Director Robert Muller esti- in the race. for the first time. Well, sequestration mated that sequestration would decrease the f could soon impact all of your travel FBI’s budget by $550 million for this fiscal SEQUESTRATION AND THE plans. year. As 60 percent of the FBI’s budget pays Due to sequestration, the Federal BUDGET for personnel, Director Muller anticipates that Aviation Administration addressed the he will have to plan for the possibility of fur- The SPEAKER pro tempore. The shortage in their funding by furloughs in the FBI. Chair recognizes the gentlewoman from loughing 47,200 employees and are ex- According to Director Muller ‘‘any furlough California (Ms. WATERS) for 5 minutes. pected to close certain airports. As a would pose a risk to FBI operations particu- Ms. WATERS. Mr. Speaker, I rise result, we’re witnessing airplanes re- larly in the areas of counter terrorism and today to discuss the impacts that se- maining on the tarmac for hours. The cyber.’’ questration is having on our country. traveling public is expecting flight I believe the American people understand Although I did not support the deci- delays and cancellations at airports all the importance of protecting our national secu- sions that led to sequestration, I re- across the country. The impact of se- rity, especially at a time when our nation faces main committed to protecting the questration is being felt by the thou- threats both foreign and domestic. But again, American people from the most harm- sands of travelers who utilize our air- due to sequestration the FBI and other mem- ful and potentially dangerous outcomes ways every day. And, ladies and gentle- bers of the national intelligence community related to sequestration. men, it’s going to get worse. who play a vital role in protecting our nation Sequestration simply means budget Along with flight delays, airline trav- may be given shorter hours or furloughed. cuts, extraordinary budget cuts. Every elers can expect increased wait times These are the sort of insidious impacts that moment we spend here in Washington in airport security lines because the unfortunately, may not get anyone’s attention should be spent working to improve the Transportation Security Administra- until something tragic happens. There are real lives and opportunities for the Amer- tion has also had to furlough screening life consequences if the sequester is not lifted. ican people. To that end, we should be agents in response to sequestration. PUBLIC HEALTH focused on legislation to avert seques- I represent Los Angeles International The effect on public health could be equally tration and improve our economy. Airport, which is the sixth busiest air- devastating. Sequestration could cut $3.7 bil- As our minority whip said here this port in the world and the third busiest lion from funding for the Department of Health morning, we’ve passed a budget off the airport in the United States. I under- and Human Services. A myriad of programs floor of the House. It’s the Ryan budg- stand the impact that flight delays will will be negatively impacted by these cuts. For et, and it protects sequestration. It have, not only on those traveling for example, cuts to Community Health Centers wants all of the cuts to take place. On leisure, but also on the airline industry could leave one million low-income and unin- the Senate side, they’ve passed a budg- and business travelers. sured patients without basic health services. et that does away with the onerous se- These furloughs are problematic for If we do not act to end the effects of sequestration budget cuts. Now we need a airports of any size. The importance of questration, there could be 45,000 fewer conference committee, simply mean- the air traffic controllers at LAX and breast and cervical cancer screenings for lowing, we need both sides to come to- across the country cannot be under- income women. Further, nearly 485,000 sen- gether and resolve their differences and stated. God forbid that there should be iors could lose access to disease prevention move on with having a budget for this an accident that could have been avert- programs. country. But the Republicans are say- ed. No explanation could possibly make Even the gains we have made in HIV/AIDS ing ‘‘no.’’ amends for the resulting loss of life. awareness, screening, and care may also be And as it was mentioned by our mi- This is simply unacceptable. hampered by sequestration. The anticipated nority whip, we’re here in Washington, Ladies and gentlemen, I could talk cuts to HIV screening could result in 424,000 D.C., fiddling while Rome burns. We’re about a lot more, national security, fewer HIV tests. Further, cuts to the AIDS not taking care of any real business. housing, health care, all of that, but Drug Assistance Program could leave 7,400 They will not bring a conference com- the fact of the matter is this is unnec- HIV/AIDS patients in need of treatment without mittee together to resolve these dif- essary. I’m absolutely disappointed. I life-saving AIDS medications. Finally, the Na- ferences. want this Congress to get on with the tional Institutes of Health would be cut by $1.6 The simplest way to describe the se- business of getting a budget and rep- billion. That’s $1.6 billion less money available quester is to say that this was an resenting the people that sent them for cutting-edge research by scientists seeking avoidable, self-inflicted wound. A vocal here to represent them. cures for diseases like cancer, diabetes, and

VerDate Mar 15 2010 04:20 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\A25AP7.005 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2309 Alzheimer’s disease. These are only a handful Last year, Congress passed the only less of the medications they depend on. of the unintended consequences of blind se- law I have ever seen that was designed Instead, we make smart cuts. We stop questration required cuts. to never be enforced. It’s called seques- buying the things we don’t need, but HOUSING tration. we don’t stop educating our children. When it comes to housing—according to the Sequestration was actually designed At least in my house, my wife and I Center on Budget and Policy Priorities, these to cut spending across the board in a don’t decide what’s important to us cuts come at a time when the number of low- way that was so offensive and so illogi- and ignore everyone else. income families in need of housing assistance cal that it could never survive as a law. b 1100 has been rising substantially. Currently, there It was a law that was meant to unify both sides of the aisle in an effort to That doesn’t work in families, and it are long waiting lists for vouchers in almost doesn’t work in Washington. We sit every community, and homelessness remains develop a comprehensive deal to fix the economy and our deficit. down like adults—at least we should in a persistent problem. Congress—around some kitchen table The United States Department of Housing A responsible Congress could have and figure out what we can buy and and Urban Development estimates that about stopped those ridiculous cuts. In fact, I what we can’t. We work through to- 125,000 individuals and families, including el- agree with Senator MARK WARNER, who happens to be a former Governor, who day’s needs and plan for our future. We derly and disabled individuals, may lose as- don’t stop investing in our families. sistance and be at risk of becoming homeless. had to balance his State of Virginia’s Like Senator WARNER said, that would budget, and I quote, he called this These effects, while not immediate, would be be stupid. ‘‘stupid.’’ devastating to the millions of low- income fam- The House and the Senate need to get Mr. VAN HOLLEN, whom I work with ilies who depend on these federal programs around the table—any table. If you on the Budget Committee, introduced for shelter, a basic life necessity. can’t find a table here in the Capitol, commonsense legislation that would Sequestration cuts would also result in more come to my kitchen table. We must have responsibly reduced our deficit than 100,000 formerly homeless people, in- create an American budget that invests cluding veterans, being removed from their and ended the sequester. Unfortu- in job growth and educating our future current housing or emergency shelter pro- nately, the Republican majority re- workforce. We can make cuts—but cuts grams, putting them at substantial risk of be- fused to allow an up-or-down vote on that make sense. Let’s root out the coming homeless. this floor for that straightforward leg- waste, fraud, and abuse and cut tax WIC AND HEAD START islation. They doubled down on irre- loopholes to make sure everyone pays The sequester could also have a negative sponsible policies based on an eco- their fair share. impact on federally funded programs that pro- nomic math that we now know is com- The American people have shown us vide services to women and children. Essen- pletely flawed. what to do. Let’s get around a table. tial programs like Head Start and Early Head It reminded me of a story. Two guys Let’s name conferees and show the peo- Start may have to turn away up to 70,000 chil- are in a lifeboat, and the one holding ple who sent us here that we can be re- dren and families. These families rely on their the oars says, ‘‘This is a bad situation, sponsible and keep the promise of the services for quality childcare and parenting and one of us ain’t gonna make it.’’ It American Dream a reality. education initiatives. doesn’t take a genius to figure out who Ladies and gentlemen, I have been Even Women, Infants and Children, WIC, the guy with the oars is talking about. honored to be elected at the State leg- that provides nutritious food, counseling on All of us are in this lifeboat together, islative level in California, I have been healthy eating, and health care referrals to and we know where the majority honored to be a council member, and low-income pregnant and postpartum women, stands. They’re not rowing for the mid- now, since January of this year, I have infants, and children under age 5 who are at dle class. They’re just fighting to pro- been a Member of this body. And I’m nutritional risk faces cut. Secretary Tom tect millionaires and make sure their very, very disappointed. In business, at Vilsack at the U.S. Department of Agricultures special interests keep their tax breaks. home, and in elected office, I’ve never warned back in February that as a result of We know families, businesses, and seen a situation so stagnant, so stale the sequester WIC will only be able to provide communities continue to be hurt by and damaging to the people who sent services for 600,000 of the 9 million low-in- what we do or don’t do here in Wash- us here to represent them. ington. You’ve all seen it. FAA fur- come families currently served. f CONCLUSION loughs are causing flight delays, just Mr. Speaker, sequestration has already one example of how we’re continuing to HONORING NAZARINE J. taken a toll on families, businesses, and com- hurt our economy. BELLARDINI munities across the country. At a time when We can do better. We can write a le- The SPEAKER pro tempore. The we are working to rebuild our economy, se- gitimate, measured budget for this Chair recognizes the gentleman from questration will cost American workers millions country. New York (Mr. OWENS) for 5 minutes. of dollars in lost wages and businesses bil- Mr. Speaker, return this House to Mr. OWENS. Mr. Speaker, I rise lions of dollars in lost revenue. regular order. Our House has a budget. today to honor the life of a constituent Sequestration will have impacts that we The Senate has a budget. Let’s go to and World War II veteran, Nazarine J. might not consider here today. It will impact conference and start negotiating a real Bellardini of Norwood, New York. our national security efforts. It will impact our American budget. The American people Mr. Bellardini served the Nation in air travel and it will even impact the food we deserve some certainty, and they cer- the Air Force during World War II. eat. We must work to avert these thoughtless tainly deserve to know what priorities After he was honorably discharged in cuts. are important to their elected rep- 1948, he returned home to upstate New It is time for Republicans to stop refusing to resentatives. York and married his wife, Caroline, in move forward in our work to pass a budget For those watching at home, why is a 1950. that reflects our nation’s values. It is time to conference committee so important? Like so many World War II veterans, do the right thing for the American people and Because there are vast differences be- Mr. Bellardini helped build the modern lift the sequester. tween the budgets currently on the middle class. After the war, Mr. f table. A conference committee nego- Bellardini worked at the 7UP Bottling tiates, in full view of the public, on Company in Utica, New York. In 1957, SEQUESTER AND THE BUDGET principles and priorities that set fund- he was initially employed at the State The SPEAKER pro tempore. The ing for the next fiscal year. University of New York at Potsdam in Chair recognizes the gentleman from Let’s talk about this like my Repub- the mailroom. California (Mr. CA´ RDENAS) for 5 min- lican colleagues’ favorite thing to talk Mr. Bellardini retired from Potsdam utes. about. Let’s talk about it like people as the plant superintendent for heat- Mr. CA´ RDENAS. Mr. Speaker, I rise do at the kitchen table. ing, ventilation, and refrigeration. His today to address the number of times If paychecks are cut or an unforeseen behind-the-scenes work was vital to that Congress has dropped the ball emergency happens in a family, fami- the success of the thousands of stu- when it comes to our budget. But I’m lies don’t just pay 10 percent less on dents who attended SUNY Potsdam also here to say that we can fix it. their mortgage or require 10 percent during his tenure.

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.006 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2310 CONGRESSIONAL RECORD — HOUSE April 25, 2013 In his retirement, Mr. Bellardini rein Your ways, that our Nation might be handedly juggle work and household mained active as a member of the Pots- guided along the roads of peace, jus- responsibilities. dam Elks Lodge, the VFW, the Amer- tice, and goodwill. I rise today on behalf of a college stu- ican Legion, and the Knights of Colum- Grant strength and wisdom to our dent from Shakopee and millions like bus. He was also an avid hunter. Speaker and the Members of both the her working full-time while pursuing He will be greatly missed by those people’s House and the Senate, to our an undergraduate degree. left behind, including his son, his sis- President and his Cabinet, and to our And I rise today on behalf of an ter, two daughters, six grandchildren, Supreme Court. Eagan couple, who, like more than 50 as well as four great-grandchildren. Bless as well the moral and military million working Americans, spend at Like so many of that generation, he leaders of our country, and may those least 8 hours a week providing care for lived by the motto: ‘‘I was just doing who are the captains of business, indus- aging relatives, a challenge when bal- my job.’’ That is something we in try, and unions learn to work together ancing the demands of a job. Washington should clearly emulate. toward the mutual benefit of all. Mr. Speaker, outdated Federal policy I thank you for joining with me in Grant us the courage to develop a denies many workers the chance to honoring Mr. Bellardini’s life and his sound energy program for the good of spend more time with their children or service to our country. all. Bestow on the Members of Congress care for an aging relative. Accordingly, the Education and Workforce Com- f the perseverance to provide a framework that protects the rights and con- mittee approved legislation last week IT IS NEVER OKAY TO DISREGARD cerns of all Americans in the wake of that will fix this outdated policy and OUR MOST BASIC PRIVACY RIGHTS terrible violence in our land and the help more Americans balance family The SPEAKER pro tempore. The wisdom to forge a fair and equitable and work. Mr. Speaker, Americans sacrifice a Chair recognizes the gentlewoman from immigration reform, that together we great deal to provide for their families, Missouri (Mrs. HARTZLER) for 5 min- might look ahead to ever greater goals and I agree with my Minnesotan con- utes. for the continued growth of our Nation. stituents and most Americans: it is Mrs. HARTZLER. I rise today in re- May all that is done within the peo- about time. sponse to a situation which is cur- ple’s House be for Your greater honor rently causing a great deal of concern and glory. f among law-abiding citizens in my Amen. DON’T DISCOURAGE CROSS- home State of Missouri. f BORDER TRAVEL We have learned, through the dili- (Mr. HIGGINS asked and was given THE JOURNAL gent work of State Senator Kurt permission to address the House for 1 Schaefer and others in State govern- The SPEAKER pro tempore. The minute.) ment, that the Missouri Department of Chair has examined the Journal of the Mr. HIGGINS. Mr. Speaker, I was Revenue, which issues concealed-carry last day’s proceedings and announces alarmed to discover that the Depart- permits in our State, has improperly to the House his approval thereof. ment of Homeland Security’s budget allowed this sensitive, personal infor- Pursuant to clause 1, rule I, the Jour- request proposed a study of the imposi- mation to be shared with the Federal nal stands approved. tion of a fee—a tax—for passengers and Government. This egregious disregard f pedestrians at our northern land border for privacy rights led last week to the crossing. resignation of the director of the State PLEDGE OF ALLEGIANCE Western New York is home to two Department of Revenue. The SPEAKER pro tempore. Will the rail and three vehicle crossings, includ- While Missourians are pleased that gentlewoman from California (Ms. ing the Peace Bridge, the second busi- this inappropriate sharing of informa- BROWNLEY) come forward and lead the est northern border crossing. Inte- tion has been discovered, we are still House in the Pledge of Allegiance. grating the economies of western New trying to determine why information Ms. BROWNLEY of California led the York and southern Ontario is essential on who is legally licensed to carry con- Pledge of Allegiance as follows: to our economic strength, and nation- cealed firearms was surrendered to I pledge allegiance to the Flag of the ally 300,000 people cross our Canadian Federal authorities in the first place. United States of America, and to the Repub- border by vehicle each day and spend I stand with Missouri’s elected rep- lic for which it stands, one nation under God, an estimated $235 million. resentatives as they pursue all legal indivisible, with liberty and justice for all. Last year, the American and Cana- avenues to learn why the Missouri De- dian Governments signed a historic Be- f partment of Revenue displayed such yond-the-Border agreement to bolster blatant disregard for the rights of our ANNOUNCEMENT BY THE SPEAKER cross-border travel. The imposition of a honest, law-abiding citizens. PRO TEMPORE border toll will discourage cross-border f The SPEAKER pro tempore. The travel and goes against the spirit of this historic agreement. RECESS Chair will entertain up to 15 requests for 1-minute speeches on each side of Mr. Speaker, we should be encour- The SPEAKER pro tempore. Pursu- the aisle. aging increased economic activity be- ant to clause 12(a) of rule I, the Chair tween the United States and Canada, declares the House in recess until noon f not stifling it. This proposal is com- today. WORKING FAMILIES FLEXIBILITY pletely unacceptable and must be with- Accordingly (at 11 o’clock and 4 min- ACT OF 2013 drawn immediately. utes a.m.), the House stood in recess. (Mr. KLINE asked and was given per- f f mission to address the House for 1 SIMPLIFY AND STRENGTHEN b 1200 minute.) FEDERAL SCHOOL AID PROGRAMS Mr. KLINE. Mr. Speaker, I rise today (Mr. WALBERG asked and was given AFTER RECESS on behalf of the Minnesotans I serve permission to address the House for 1 The recess having expired, the House who tell me simply: it’s about time. minute.) was called to order by the Speaker pro I rise today on behalf of a South St. Mr. WALBERG. Mr. Speaker, for tempore (Mr. POE of Texas) at noon. Paul mom and dad who find it difficult many young people, higher education f to balance work and family and feel has become a very expensive dream be- they are not spending enough time cause of rising costs. The average new PRAYER with their children. graduate is struggling to pay off more The Chaplain, the Reverend Patrick I rise today on behalf of the Min- than $25,000 in debt while hunting for a J. Conroy, offered the following prayer: nesota National Guard and all our job in this stagnant economy. Eternal God, we give You thanks for brave men and women in uniform who While Washington can play a role in giving us another day. Lead us this day are deployed while their spouses single- fixing the problem, we cannot look to

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.015 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2311 the Federal Government alone to fix and help secure our energy supply, this to honor a military hero and one of my this problem. Instead, we must work administration continues to pursue the constituents, and a casualty of war. with State governments, schools, stu- same failed economic policies. Their Private First Class Barrett L. Austin dents, and parents to find a solution. budget adds over $8 trillion to the debt, died on April 21 after being a casualty, Within the past decade, costs have raises taxes by another trillion dollars, I believe, of an IED while serving his risen 66 percent beyond the rate of in- and they continue to support a burden- country in Afghanistan. Barrett Austin flation. Instead of trying to work with some health care law that does nothing was just 20 years old. He was assigned schools, the Federal Government has to address the issue of rising costs. to A Company, 4th Brigade Special been busy implementing policies that The House is working on solutions to Troops Battalion, 3rd Infantry Divi- increase their costs. My colleagues and create a stronger, healthier economy sion, out of Fort Stewart, Georgia. Pri- I on the Higher Education and Work- with more jobs and opportunities for vate First Class Austin was a beloved force Training Subcommittee are look- all Americans. We have passed legisla- son, husband, friend, and soldier from ing at how to simplify and strengthen tion to replace the sequester, to bal- the Dacusville-Easley, Pickens County Federal aid programs. ance the budget, to repeal the Presi- area of South Carolina. It’s obvious more needs to be done to dent’s health care law, and we’re work- My heart goes out to his wife, his help students and families make the ing on reforming our broken Tax Code parents, and all of those who called best decision possible about their edu- to make it more fair and efficient. Barrett a friend. This true American cation at a price they can afford. My It’s time for the administration to hero has made the true sacrifice in de- goal is to continue to identify and re- get on board: stop creating problems fense of our great Nation, and we owe move unnecessary and costly burdens like politically motivated flight delays him our eternal gratitude. This Nation from this process and put the dream of and start helping to make life easier remains the greatest on Earth because higher education in reach of more stu- for American families. of people like Barrett Austin, and we dents. f must never forget the true cost of the freedoms that we enjoy. f b 1210 So on behalf of the Third District of ENERGY SAVINGS AND INDUS- HONORING ALAMEDA COUNTY South Carolina and the entire Nation, TRIAL COMPETITIVENESS ACT LEADERS we thank you, Barrett, for your sac- (Mr. WELCH asked and was given (Mr. SWALWELL of California asked rifice. Our thoughts and prayers con- permission to address the House for 1 and was given permission to address tinue to be with the entire Austin fam- minute and to revise and extend his re- the House for 1 minute and to revise ily. May God bless them, and may God marks.) and extend his remarks.) continue to bless America. Mr. WELCH. Mr. Speaker, climate Mr. SWALWELL of California. To- f change, in my view, is real, it’s urgent, morrow, the Alameda County Labor SUPPORTING SPECIALTY CROPS and we must make progress or ignore it Council will be hosting their annual at our peril. But whether we agree or Unionist of the Year awards dinner (Ms. DELBENE asked and was given disagree, whether you’re a climate where local labor leaders will be recog- permission to address the House for 1 change believer or denier, there are nized for their tireless advocacy on be- minute and to revise and extend her re- things that we can do together for the half of hardworking Americans. marks.) benefit of the environment and the One of these great leaders is Obray Ms. DELBENE. Mr. Speaker, I rise economy. Van Buren, who will be honored with today to introduce a bipartisan resolu- We can focus the debate on energy ef- the Unionist of the Year award. Obray tion in support of specialty crops, with ficiency; we can save money through has been a member of the Plumbers support from Members of Congress making our homes and buildings more and Steamfitters Local 342 for 30 years. across the country. Specialty crops, energy efficient; we can put people Obray is also on the board of directors such as fruits and vegetables, are a sig- back to work and buy American prod- for Tri-CED Community Recycling, a nificant part of agriculture, with an- ucts; and, in the process, we can cut company which gives many former of- nual production valued at over $50 bil- down on harmful carbon emissions and fenders and at-risk youth a chance at lion. This is about half of the value of make progress on climate change and life. This organization proudly serves all U.S. crops, but specialty crops strengthen our economy. both Hayward and Union City in my aren’t given the same attention or fi- That is why I’ve joined with my district. nancial support as our traditional com- friend from West Virginia, DAVID Also honored will be California’s At- modities. MCKINLEY, in introducing the Energy torney General Kamala Harris, an Ala- Specialty crops are a major source of Savings and Industrial Competitive- meda County native who also, like me, economic activity, jobs, and our Na- ness Act, which proposes practical so- served in the Alameda County District tion’s food supply. Every State has at lutions to bolster energy efficiency. Attorney’s Office and will be honored least some specialty crop production, This bill will speed our transition to a as the Warrior Woman of the Year. At- and my district is no different. In more energy efficient economy—in- torney General Harris is committed to Whatcom and Skagit counties, hun- creasing America’s economic competi- defending the interests of working fam- dreds of specialty crops are grown, to- tiveness in energy security—and build ilies who are the backbone of our econ- taling millions in sales each year. Spe- jobs. omy. cialty crops grown on farms in Snoho- By finding areas where we actually Other honorees include Rachel mish and King counties provide fresh, do agree and working together, we can Bryan, Jason Gumataotao, Tanya quality foods to our schools, res- make progress on the environment and Pitts, Tamara Perine, Bud Beal, and taurants, and farmers markets. on the economy. Christine Garrett. As Congress begins to consider an- f Once again, congratulations to all other farm bill, it is important to acknowledge how vital specialty crops MAKE LIFE EASIER FOR honorees. Alameda County appreciates are to our country. I urge my col- AMERICAN FAMILIES your efforts to ensure that worker rights and benefits are always pro- leagues to join me in supporting this (Ms. JENKINS asked and was given tected. resolution, and I look forward to con- permission to address the House for 1 f tinuing to work together to ensure minute and to revise and extend her re- that programs in support of specialty marks.) REMEMBERING PRIVATE FIRST crops are highlighted and fully funded. CLASS BARRETT L. AUSTIN Ms. JENKINS. Whether it’s jobs or f our Nation’s debt, the economy is still (Mr. DUNCAN of South Carolina the number one issue for hardworking asked and was given permission to ad- NATIONAL AUTISM AWARENESS Americans. But, instead of supporting dress the House for 1 minute.) MONTH initiatives like the Keystone pipeline, Mr. DUNCAN of South Carolina. Mr. (Mr. MESSER asked and was given something that would create 20,000 jobs Speaker, I rise today with heavy heart permission to address the House for 1

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.018 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2312 CONGRESSIONAL RECORD — HOUSE April 25, 2013 minute and to revise and extend his re- Today, takeoffs are only 20,000 a day, tence of 10 years to receive Federal marks.) and they have $10 billion of funding. In grants for child abuse. We commend Mr. MESSER. Mr. Speaker, I rise 2001, there were 14,000 air traffic opera- this legislation to this respected body today to recognize National Autism tors, and today there are 14,000 air traf- and ask for their support. Awareness Month. We once lived in a fic operators. f world where polio was an epidemic that So if it’s not a demand problem be- 1220 killed kids and left others with debili- cause demand went down, if it’s not a b tating paralysis. Thankfully, medical people problem because they have the GET RID OF SEQUESTRATION and scientific advances largely have same people, and it’s not a resource (Ms. JACKSON LEE asked and was eliminated the threat from this and problem because they have about 100 given permission to address the House many other dreaded diseases and condi- percent more money, what is the prob- for 1 minute.) tions. Yet our understanding of autism lem? Ms. JACKSON LEE. The simple ques- I contend to you, Mr. Speaker, it’s a remains an unsolved puzzle. tion is asked, why are we in such a di- political problem. It’s time to tell the Mr. Speaker, autism affects too lemma of complexity and absolutely administration to stop playing politics many children, including my nephew abandoning the American people? with the American people. Trey, and strains families, as I know That’s what sequestration is all about. firsthand. It is time to commit our- f And I know it’s hard to tell a story selves as a Nation to solving this mod- GUN SAFETY again, but sequestration came about ern epidemic so autism can be pre- (Mr. HIMES asked and was given per- because a whole sizeable population of vented, treated, and cured tomorrow mission to address the House for 1 Members, Republican Members, did not like polio is today. minute and to revise and extend his re- want to pay America’s bills. f marks.) But we can, as a bipartisan, collec- HONORING SEAN SMITH Mr. HIMES. Mr. Speaker, last week tive body that responds to America, was a profoundly disturbing week for avoid the loss of 2 million jobs and a .6 (Mr. VARGAS asked and was given those of us from Connecticut and for percent drag on the economy and $67.8 permission to address the House for 1 Americans as a whole. When this body, million lost for primary and secondary minute.) when the institution of Congress failed education in Texas, $51 million lost for Mr. VARGAS. Mr. Speaker, I rise to do anything to promote gun safety education of children with disabilities, today in honor of Sean Smith, an infor- in the face of the tragedy at Newtown, and 4,800 Head Start seats lost. We can mation technology specialist killed in this institution let the American peo- come together. the September 11, 2012, terrorist attack ple down. We can pass H.R. 900, which gets rid in Benghazi, Libya. Sean was called When a Senator on the Republican of the sequestration, or we can call for ‘‘one of our best’’ at the State Depart- side with an ‘‘A’’ rating from the NRA the budget conferees to, once and for ment by former Secretary of State Hil- and a Senator from the Democratic all, address the question of America. lary Clinton. side with an ‘‘A’’ rating from the NRA The reason why we have a slowdown Originally from San Diego, Cali- put forward a background check meas- of FAA, it’s because the people are fur- fornia, Sean enlisted in the Air Force ure that fails, we fail. loughed. You can have 50,000 FAA air in 1995. In 2002, he was awarded the Air Look, we can and we should debate traffic controllers; but if they’re fur- Force Commendation Medal and joined what kind of weapons Americans loughed, they can’t work. the United States Foreign Service. should have a right to. We can and we Let’s work on behalf of the American President Barack Obama stated: should debate how many bullets can go people—have the budget conferees now Sean Smith lived to serve, first in the Air into a magazine. There is no principled pass H.R. 900, get rid of the sequestra- Force, then at the State Department. He argument for why we should not check tion. knew the perils of his calling. And there in out someone who wants to buy a weap- Benghazi, far from home, he laid down his f on. And yet, we couldn’t make that ar- life in the service to all of us. THE SENATE IMMIGRATION BILL gument in the Congress of the United PROVIDES COVER FOR TERROR- Sean was also a loving husband and a States. proud father. He was devoted to his So as a result, some time soon, a ter- ISTS wife, Heather, and to his two children, rorist will buy a gun at a gun show. (Mr. SMITH of Texas asked and was Samantha and Nathan. Some time soon, a violent felon will given permission to address the House Mrs. Smith said of her late husband: buy a gun online. And as a result, for 1 minute and to revise and extend Sean supported the mission of diplomacy Americans will die. And this institu- his remarks.) and served his country with pride and opti- tion will bear the blame. This was not Mr. SMITH of Texas. Mr. Speaker, mism. a proud moment, Mr. Speaker, for the the Senate immigration bill provides I wish to offer my deepest condo- Congress of the United States. cover for suspected terrorists and oth- lences and the deepest condolences of f ers who would do us harm. After 6 this House to the Smith family. Please months, it legalizes millions of people know that your family will continue to KILAH DAVENPORT CHILD in the country illegally. They can then be in our prayers and our thoughts. PROTECTION ACT get work permits, Social Security And thank you and your late husband (Mr. PITTENGER asked and was cards, and driver’s licenses. This gives for your selfless service to our country. given permission to address the House them a legitimate cover to travel and May God bless you. for 1 minute.) plot attacks. f Mr. PITTENGER. Mr. Speaker, I rise And mass legalization will encourage today on behalf of the Kilah Davenport others to enter the country illegally so TRUTH TELLING WITH FLIGHT Child Protection Act. Just a year ago, they too can obtain cover documents. DELAYS a 3-year-old girl was rammed against a Any immigration bill should put the (Mr. RIBBLE asked and was given wall head first, suffering irreparable safety of Americans first. We should go permission to address the House for 1 brain damage and being paralyzed for slowly before giving amnesty to mil- minute.) the rest of her life. When the DA went lions of illegal immigrants long before Mr. RIBBLE. Mr. Speaker, I rise to prosecute, he found in North Caro- we have secure borders. today to give the American people lina that the sentencing was limited to f some truth telling about what is going 4 to 7 years, a very minimum sentence on with the FAA and flight delays. We for such an egregious act. Upon further SIBLING VISAS have been told this is all the result of review, we found that other States also (Ms. CHU asked and was given per- the sequester. And yet in 2001, there have such minimum sentencing, some mission to address the House for 1 were about 30,000 takeoffs per day in with no minimum whatsoever. minute.) the United States, and they did that Mr. Speaker, our act would provide Ms. CHU. Twenty-four years, a quar- with about $6 billion worth of funding. that there would be a minimum sen- ter century. Imagine not being able to

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.019 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2313 see your brother or sister for 24 years. able to do this, may be able to capture In my district of Sacramento County, That’s how long our sibling visa back- and store carbon dioxide; but we have we have a large Hmong population. logs can be right now in our broken im- natural infrastructure that can do it Some cancer rates in the Hmong are 16 migration system. right now. And a great example of that times higher than in the White popu- The Senate immigration bill does is from my own district in California, lation, and their cancer is much more many good things to fix this broken the Pacific Forest Trust. likely to be diagnosed at a later stage. system and reduces the backlog of fam- They’ve been working for over 20 That’s one reason why this month I ily visas. This means that all those years with landowners, as well as local, introduced the bipartisan resolution families who have been waiting for so State and Federal officials, to conserve recognizing National Minority Cancer many years can finally be reunited. and manage forests to capture carbon. Awareness Week with my colleague, But for the future it gets rid of the sib- Their work with forest conservation Representative RODNEY DAVIS. We ling category entirely. easements is paying off for wildlife, for must invest in research, innovation, What this means is that if someone landowners, and also for our climate. and diagnosis to end this disparity. I immigrates here and becomes a citizen, Their Van Eck forest in Humboldt celebrate National Minority Health she can petition for her parents to County was the first forest emissions Month. come in short order; but because this reduction project registered under f bill gets rid of the sibling category, the California’s climate change law. HONORING MONTANA’S WORLD 22-year-old brother with Down syn- f drome would have to be left behind to WAR II VETERANS PLAYING POLITICS WITH THE be all by himself. That’s not right. SEQUESTER (Mr. DAINES asked and was given Fixing our broken immigration sys- permission to address the House for 1 tem is so important. But let’s make (Mr. BUCSHON asked and was given minute and to revise and extend his re- sure that immediate family members permission to address the House for 1 marks.) can be reunited. minute.) Mr. DAINES. Mr. Speaker, I rise f Mr. BUCSHON. Mr. Speaker, I’m here today to recognize the 86 Montana to comment on the administration RAISING AWARENESS ABOUT THE World War II veterans who recently playing politics in an attempt to maxi- made their way to Washington, D.C., as ATROCITIES COMMITTED BY mize the impact of his sequester on the KERMIT GOSNELL part of the Big Sky Honor Flight. I’m American people and, in this case, the so proud that the Honor Flight pro- (Ms. ROS-LEHTINEN asked and was aviation system and the traveling pub- gram exists, and I’m deeply thankful to given permission to address the House lic. all the volunteers that made this pos- for 1 minute and to revise and extend The FAA’s operating budget has sible. her remarks.) grown by nearly 110 percent, more than As the son of a U.S. Marine, I have a Ms. ROS-LEHTINEN. Mr. Speaker, I double in the last 17 years, as domestic deep appreciation for the sacrifices our rise today to raise awareness about the flights are down 27 percent. The FAA’s veterans have made in service to our grave atrocities committed by Kermit share of the sequester represents $600 Nation. But I was struck by something Gosnell against innocent lives at his million of their $16 billion annual budg- that one of our Montana World War II Philadelphia abortion clinic. Witnesses et, about 5 percent. vets said while sitting before the World called the clinic a ‘‘house of horrors’’ Does anyone out there believe a Fed- War II monument just this past Mon- and described a procedure known as eral Government bureaucracy can’t day. He said this: ‘‘At the end of my ‘‘snipping,’’ in which the backs of ba- find this level of savings without af- life, I look around this memorial and I bies’ necks are cut with scissors to fecting the American people? Well, I see the power of this Nation.’’ ‘‘ensure fetal demise.’’ don’t. It’s true. The monuments that line Abortion clinics across our Nation Rather than furloughing air traffic our National Mall do remind us of the take the lives of 1.2 million babies controllers to make a political point, strength and perseverance of the every year. This is murder, and it must the FAA should cut wasteful and un- United States. be stopped. We have the responsibility necessary spending. But, Mr. Speaker, I look at our vet- to protect the unborn, as well as the Mr. Speaker, these cuts should not erans and our servicemembers, from sanctity of all innocent human life. significantly impact the aviation sys- the members of the Greatest Genera- These wholesale murder clinics contem, but the administration is failing tion to the men and women serving our tinue to take innocent lives. The pros- to show leadership and is trying to Nation today, and in them I see the ecution of Kermit Gosnell is a positive score political points. power of this Nation, founded in a com- step toward stopping our Nation’s slide f mitment to freedom and an unwavering toward unrestricted abortions. RECOGNITION OF NATIONAL dedication to service. f MINORITY HEALTH MONTH f CLIMATE CHANGE SOLUTIONS (Mr. BERA of California asked and b 1230 (Mr. HUFFMAN asked and was given was given permission to address the permission to address the House for 1 House for 1 minute.) IN OPPOSITION TO THE FULL minute.) Mr. BERA of California. Mr. Speaker, FAITH AND CREDIT ACT Mr. HUFFMAN. Mr. Speaker, across I have the pleasure of being cochair of (Mr. GENE GREEN of Texas asked this country, we are seeing the ruinous the Congressional Asian Pacific Amer- and was given permission to address effects of climate change, from more ican Caucus on Healthcare with my the House for 1 minute and to revise powerful storms in the East, to per- colleague from California, Representa- and extend his remarks.) sistent drought and catastrophic tive BARBARA LEE, who happens to be Mr. GENE GREEN of Texas. Mr. wildfires in the West. here in the Chamber as well. Speaker, today I rise in opposition to We are not powerless in the face of I’d like to take this opportunity to the Full Faith and Credit Act, H.R. 807. this threat. We know what we have to recognize National Minority Health This bill would allow the Secretary of do: slow our emissions of greenhouse Month. Despite medical advances that the Treasury to take all necessary ac- gases, deploy clean energy solutions. save many lives in our country, there’s tions to ensure U.S. public debt obliga- But we also must do another thing. been limited progress in ending the ra- tions are paid when due and allows the We must manage our forest lands to be cial and ethnic disparities in health. Secretary to forego obligations not re- part of the solution instead of part of Groups like Asian Americans, Native lated to public debt. What this means, the problem. Healthy forests can actu- Hawaiians, and Pacific Islanders have essentially, is all foreign debt will take ally help remove carbon dioxide from higher rates of diabetes, certain types precedence over repaying important the environment, from the atmosphere. of cancer and obesity, conditions that domestic programs, such as Social Se- We sometimes hear about tech- are expensive to treat and have lasting curity. We should pass legislation that nologies that, in the future, may be consequences. Social Security be paid for first, not

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.021 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2314 CONGRESSIONAL RECORD — HOUSE April 25, 2013 the foreign debt. Social Security is not risk for death and for trauma. That is of Whales and won the Presidential En- contributing one penny to our national wrong. There is no more important vironmental Youth Award. debt. We must remember that it’s one funding that we do than the National I am so honored to represent the Oak of the most important commitments Institutes of Health. That’s our oppor- Park Unified School District and am that America has made to its citizens. tunity to save people’s lives. proud of their dedication to sustain- The U.S. Government has purchased I will introduce a bill to take that ability and to protecting the environ- credit known as ‘‘special obligations’’ funding out of the sequester. I ask my ment. from Social Security. The credits are colleagues in a bipartisan manner to f backed by ‘‘the full faith and credit of put the people first. The real enemy is NATIONAL SEXUAL ASSAULT the U.S. Government,’’ with the prom- disease. Fund the National Institutes AWARENESS AND PREVENTION ise to redeem these credits. I support of Health fully. MONTH AND NATIONAL DNA DAY repaying the Social Security trust fund f before any other debt is paid. Pay So- (Mr. PEARCE asked and was given ENOUGH IS ENOUGH cial Security first before we pay other permission to address the House for 1 countries. (Mr. PRICE of Georgia asked and was minute and to revise and extend his re- f given permission to address the House marks.) for 1 minute.) Mr. PEARCE. Mr. Speaker, April is REPEALING HEALTH CARE LAW Mr. PRICE of Georgia. Mr. Speaker, National Sexual Assault Awareness (Mr. WESTMORELAND asked and the greatest amount of opportunity, and Prevention Month. In fact, today is was given permission to address the the greatest amount of success for the National DNA Day, where we com- House for 1 minute and to revise and greatest number of people—ensuring memorate the discovery of DNA’s dou- extend his remarks.) that the American Dream lives for ble helix and the subsequent scientific Mr. WESTMORELAND. Mr. Speaker, all—that’s what we want. That’s our advancements. it was 3 years ago when President goal. And our constituents know that DNA has revolutionized public safety Obama and congressional Democrats the path to that goal demands real so- and criminal justice in this country. It pushed through their government take- lutions. helps solve unsolved crimes. Since its over of health care. In those 3 short Sadly, all we hear from the President inception in 1994, the DNA database years, the law has already cost the and the other side is to just stay the system has solved more than 200,000 American people over $2 trillion and course. More failed policies, more debt, cold cases that provided closure to over has raised taxes another $1 trillion— more taxes, less American energy, 200,000 families. It assists prosecutors and the law isn’t even fully enacted more government control of health in taking criminals off the streets. It yet. And what do we have to show for care, more dependency on government, also exonerates the innocent, having it? Higher government spending, higher less economic growth. That’s their freed more than 300 convicted crimi- taxes, higher deficits, higher health in- plan. And it simply isn’t working for nals. surance premiums, and a lower quality American families. Katie Sepich was a 22-year-old grad- of health care. And now the President is forcing air uate student at New Mexico State Uni- Companies all over the country are travel delays, blaming the action on versity in my district. In August of being forced to cut costs by laying off the sequester. The FAA is spending 2003, she was brutally raped, burned, current employees or cutting their right now exactly what it spent in 2010. strangled to death, and abandoned at a hours, putting on hold hiring new em- So these are Obama flight delays. The dumpsite. But Katie Sepich was a ployees, and halting expansion. That is truth is that any spending reduction at fighter, having the DNA of her offender bad for American workers and bad for the FAA could easily be gained by cut- under her fingernails. Through DNA, our economy. ting waste, not necessary services. they were able to find and convict her House Republicans are committed to President Obama, stop playing poli- offender and put him in jail. defunding, delaying, and dismembering tics with the American people. We in The bill, which was signed into law ObamaCare and will continue to fight Congress are used to it, but the public here in this Congress last year, helps for the American people to get rid of doesn’t deserve it. Enough is enough. the State collect evidence. DNA has this terrible law and replace it with f transformed our justice system and real reforms that will make our health provided closure for families. CONGRATULATING OAK PARK care stronger. As one senior Demo- UNIFIED SCHOOL DISTRICT f cratic Senator said, ObamaCare is a FLOODING IN ILLINOIS ‘‘train wreck.’’ (Ms. BROWNLEY of California asked f and was given permission to address (Mrs. BUSTOS asked and was given the House for 1 minute and to revise permission to address the House for 1 FUNDING THE NATIONAL and extend her remarks.) minute.) INSTITUTES OF HEALTH Ms. BROWNLEY of California. Mr. Mrs. BUSTOS. I rise today to talk (Mr. COHEN asked and was given per- Speaker, I rise today to congratulate about the recent flooding that has im- mission to address the House for 1 one of Ventura County’s most distin- pacted families across my region. From minute.) guished school districts, Oak Park Uni- Rockford to the Quad Cities to Peoria, Mr. COHEN. Many people have been fied School District, for winning the Illinois, and in so many towns in be- concerned about the sequester and the Sustainability Award from the U.S. De- tween, communities large and small effects it has had on airplane flights. partment of Education. Oak Park Uni- are suffering due to this month’s And I am, too. People are delayed a fied was one of just 14 school districts record flooding. Among the worst hit half hour, an hour, or whatever, and in the entire Nation to receive this areas of my region is London Mills, that’s bad. But the biggest thing people award, which recognizes schools and which is in the far southern part of my ought to be upset about the sequester school districts for their exemplary ef- congressional district. Many there are is the fact that it takes $1.6 billion out forts in reducing energy usage, pro- suffering. of the National Institutes of Health. moting better health care, and pro- Amanda Franklin of London Mills Mr. Speaker, each person in this viding better quality environmental lost her home, many of her possessions, room at one time will face a ren- education to their students. and even her children’s drawings that dezvous with destiny. Whether that Oak Park Unified Elementary School she has held onto since they were in rendezvous is cancer, heart disease, students are taking produce from their kindergarten. stroke, Alzheimer’s, AIDS, diabetes, or school garden and greenhouse to a Bethene Weber, who is 78 years old, Parkinson’s, the National Institutes of local free clinic where they explain the lost her home of almost half a century Health is working for cures and treat- impacts of diabetes to their patients to the flooding. ments. By taking $1.6 billion from what and how to grow and enjoy healthy There are far too many heart- is our personal Department of Defense, foods. Last year, another team of stu- breaking stories from across my re- we are going to put certain people at dents sponsored the district-wide Week gion.

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.023 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2315 While keeping in mind those who are Federal efforts to achieve health eq- mittee Print 113-9. That amendment in the still recovering, I’d like to thank the uity. nature of a substitute shall be considered as first responders, the relief workers, and In spite of these important advance- read. All points of order against that amend- others who have volunteered their time ments, more must be done. It is critical ment in the nature of a substitute are waived. No amendment to that amendment and their energy to help those in need. to adequately fund proven health eq- in the nature of a substitute shall be in order Illinoisans are generous and compas- uity programs and pass the next steps except those printed in the report of the sionate, as well as resilient and hard- of the Tri-Caucus Health Equity bill, Committee on Rules accompanying this res- working. I have no doubt we will re- which, on behalf of the Tri-Caucus, I olution. Each such amendment may be of- cover from this flooding. But, Mr. will introduce this fall. fered only in the order printed in the report, Speaker, this type of disaster could Health justice will be achieved when may be offered only by a Member designated happen anywhere. As we continue to every man, woman, and child in Amer- in the report, shall be considered as read, debate the issues of the day, I call on ica has an equal opportunity to live a shall be debatable for the time specified in the report equally divided and controlled by all of us to keep in mind the people healthy life, regardless of who they are the proponent and an opponent, shall not be who are suffering and be there for them or where they live. subject to amendment, and shall not be sub- in their time of need. f ject to a demand for division of the question f in the House or in the Committee of the COMMUNICATION FROM THE Whole. All points of order against such b 1240 CLERK OF THE HOUSE amendments are waived. At the conclusion The SPEAKER pro tempore laid be- of consideration of the bill for amendment OUTRAGE OVER AIR TRAFFIC the Committee shall rise and report the bill CONTROL FURLOUGH fore the House the following commu- to the House with such amendments as may (Mr. GIBBS asked and was given per- nication from the Clerk of the House of have been adopted. Any Member may de- mission to address the House for 1 Representatives: mand a separate vote in the House on any minute.) APRIL 25, 2013. amendment adopted in the Committee of the Whole to the bill or to the amendment in the Mr. GIBBS. Mr. Speaker, I rise today, Hon. JOHN A. BOEHNER, The Speaker, The Capitol, House of Representa- nature of a substitute made in order as origi- as I am outraged by the actions that tives, Washington, DC. nal text. The previous question shall be con- this White House is putting on the DEAR MR. SPEAKER: Pursuant to the per- sidered as ordered on the bill and amend- American public, unnecessary hardship mission granted in Clause 2(h) of rule II of ments thereto to final passage without inter- in their furloughing of air traffic con- the Rules of the U.S. House of Representa- vening motion except one motion to recom- trollers. This is not necessary. tives, the Clerk received the following mes- mit with or without instructions. Out of a $10 billion operating budget, sage from the Secretary of the Senate on SEC. 2. On any legislative day during the they have almost $3 billion of nonper- April 25, 2013 at 9:15 a.m.: period from April 27, 2013, through May 3, 2013— sonnel operation costs that they can Appointments: Advisory Committee on the Records of (a) the Journal of the proceedings of the make cuts there first. It would include Congress. previous day shall be considered as approved; $500 million for consultants, $325 mil- National Advisory Committee on Institu- and lion for supplies and travel, and $143 tional Quality and Integrity. (b) the Chair may at any time declare the million to address their 46 fleet of air- With best wishes, I am House adjourned to meet at a date and time, craft. Aircraft travel in this time pe- Sincerely, within the limits of clause 4, section 5, arti- riod is down 27 percent. This is unnec- KAREN L. HAAS, cle I of the Constitution, to be announced by essary. Clerk. the Chair in declaring the adjournment. SEC. 3. The Speaker may appoint Members Today we hear reports of air traffic f to perform the duties of the Chair for the du- controllers reporting that they’ve been PROVIDING FOR CONSIDERATION ration of the period addressed by section 2 of instructed by management to make it OF H.R. 527, RESPONSIBLE HE- this resolution as though under clause 8(a) of as tough as possible on the traveling LIUM ADMINISTRATION AND rule I. public. This is nothing but political SEC. 4. The Committee on Education and STEWARDSHIP ACT rhetoric to gain and put pressure on the Workforce may, at any time before 5 the Congress to pass more tax in- Mr. BISHOP of Utah. Mr. Speaker, by p.m. on Tuesday, April 30, 2013, file a report creases. I think it’s a despicable atti- direction of the Committee on Rules, I to accompany H.R. 1406. tude for this White House, and we call up House Resolution 178 and ask The SPEAKER pro tempore. The gen- should address it with the American for its immediate consideration. tleman from Utah is recognized for 1 public. It’s despicable and it’s out- The Clerk read the resolution, as fol- hour. rageous. lows: Mr. BISHOP of Utah. Mr. Speaker, for the purpose of debate only, I yield f H. RES. 178 Resolved, That at any time after the adop- the customary 30 minutes to the gen- MINORITY HEALTH MONTH tion of this resolution the Speaker may, pur- tleman from Massachusetts (Mr. (Ms. ROYBAL-ALLARD asked and suant to clause 2(b) of rule XVIII, declare the MCGOVERN), pending which I yield my- was given permission to address the House resolved into the Committee of the self such time as I may consume. Dur- House for 1 minute and to revise and Whole House on the state of the Union for ing the consideration of this resolu- consideration of the bill (H.R. 527) to amend extend her remarks.) tion, all time yielded is for the purpose the Helium Act to complete the privatiza- of debate only. Ms. ROYBAL-ALLARD. Mr. Speaker, tion of the Federal helium reserve in a com- on behalf of Congresswoman LEE and petitive market fashion that ensures sta- GENERAL LEAVE myself, I rise to commemorate April as bility in the helium markets while pro- Mr. BISHOP of Utah. I further ask the 13th annual Minority Health tecting the interests of American taxpayers, that all Members have 5 legislative Month. and for other purposes. The first reading of days during which they may revise and Before 2001, there was no national the bill shall be dispensed with. All points of extend their remarks. conversation about health disparities. order against consideration of the bill are The SPEAKER pro tempore. Is there waived. General debate shall be confined to Since then, the Congressional Tri-Cau- the bill and shall not exceed one hour equal- objection to the request of the gen- cus has been tireless in efforts to edu- ly divided and controlled by the chair and tleman from Utah? cate Congress and the country about ranking minority member of the Committee There was no objection. the disproportionate burden of pre- on Natural Resources. After general debate Mr. BISHOP of Utah. This resolution mature death and preventable illness the bill shall be considered for amendment provides a structured rule for the con- in our minority communities. under the five-minute rule. In lieu of the sideration of H.R. 527, the Responsible Due to the advocacy of the Tri-Cau- amendment in the nature of a substitute rec- Helium Administration and Steward- cus, the ACA contained ground- ommended by the Committee on Natural Re- ship Act. It makes several amendments sources now printed in the bill, it shall be in breaking policies to reduce disparities, order to consider as an original bill for the in order, which were compliant with such as expanding Medicaid eligibility, purpose of amendment under the five-minute the rules of this House. In fact, four of increasing resources for community rule an amendment in the nature of a sub- the five amendments suggested to the health clinics, and institutionalizing stitute consisting of the text of Rules Com- Rules Committee will be presented.

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.024 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2316 CONGRESSIONAL RECORD — HOUSE April 25, 2013 The only one that was rejected is one important issue of government for us This sequester that my friends on the that was duplicative of one that was should be getting her Social Security other side embraced is still going into added in here. So everything that the check. I do not have the arrogance to effect. We’ve already seen cuts to pro- Members cared enough about to file in try and tell her that, look, take the grams like Meals on Wheels and on an appropriate way have been accom- broad view of government, your issue is food pantries and WIC recipients and modated for the discussion we will so small in conjunction to everything Head Start facilities, just to name a have be having today on this particular we’re doing, it should be ignored until few. bill. It provides for 1 hour of general we do something more complicated I would like to enter into the debate, with 30 minutes equally divided first. No. You find the problem and you RECORD, Mr. Speaker, a news item that and controlled by the chair and rank- solve that particular problem. appeared on a Fox affiliate out in Utah ing minority member of the Committee This is one of the situations we have entitled, ‘‘Sequestration forces food on Natural Resources. It’s a very fair here today. The concept of helium is a pantry closure.’’ and good rule. potential problem if we don’t change We started hearing reports about air- Mr. Speaker, I am pleased to stand the law that regulates it. It will affect port delays because of the sequester’s before the House today in support of people in the manufacturing sector and impact on the FAA. And I really got a this rule and the underlying piece of in the health care sector. It will hurt kick out of my Republican colleagues legislation, H.R. 527, the Responsible real people. coming down here kind of expressing Helium Administration and Steward- What we should celebrate is the fact their astonishment that there were air- ship Act, as opposed to the irrespon- that today Republicans and Democrats port delays as a result of sequestration. sible helium administration and stew- have come together and done what the They actually had the temerity to ardship act one could assume coming people have requested and found a complain about those delays. from the other body. problem and suggested a good, com- I asked my friends on the other side The underlying legislation is a bipar- monsense solution to a problem in a ra- of the aisle: What did you think would tisan bill and enjoys a broad base of tional and reasonable way. That is happen when you voted for unneces- support on both sides of the aisle, in- what we have before us today, Mr. sary, arbitrary, senseless across-the- cluding the sponsor, the chairman of Speaker. board cuts? My Republican friends re- the Natural Resources Committee, Mr. I reserve the balance of my time. mind me of Claude Rains in ‘‘Casa- HASTINGS of Washington, and the Nat- Mr. MCGOVERN. I want to thank the blanca.’’ They are shocked—shocked— ural Resources Committee ranking gentleman from Utah (Mr. BISHOP) for that voting to slash funding for air member, Mr. MARKEY. In fact, H.R. 527 yielding me the customary 30 minutes, traffic controllers would result in their was favorably reported out of the Com- and yield myself such time as I may flights being delayed. mittee on Natural Resources on Feb- consume. Well, I want my friends to under- ruary 14 on a voice vote, and there (Mr. MCGOVERN asked and was stand one thing. There are con- were no dissenting votes. given permission to revise and extend sequences to their actions. There are I’d like to thank the chairman of the his remarks.) consequences to the sequestration. Natural Resources Committee, the gen- Mr. MCGOVERN. Mr. Speaker, I want The truth, Mr. Speaker, is that def- tleman from Washington (Mr. HAS- to begin by thanking the majority for icit reduction is an important goal, but TINGS), for his work on this common- bringing up a bipartisan bill. It’s not deficit reduction alone is not an eco- sense bill and approach. often that this majority works in a bi- nomic policy. We know that mindless Mr. Speaker, helium is an essential partisan way on legislation. In fact, austerity budget cuts like this stupid and vital element and a commodity it’s a rarity. But, in this case, Chair- sequester are not going to help our that we all depend on in countless man HASTINGS worked with Ranking economy grow and help people get jobs ways. It’s used widely in the scientific Member MARKEY to produce a bill that and help get our economy back on the community, but also in the health care should pass the House with very, very kind of footing we all want it to be on. industry. It’s vital to the proper func- little opposition. When Bill Clinton was President, tioning of MRI equipment in hospitals. In fact, we have a streamlined proc- when he rescued the economy in the It’s vital in the production of elec- ess here in the House for noncontrover- 1990s, he did so through job creation, tronics, such as microchips and super- sial bills like this. It’s called the sus- investing in our economy. We expanded conductors. Helium is essential for pension calendar. This is a perfect bill the tax base by increasing the work- science. It’s essential for our NASA for the suspension calendar. We could force, bringing more revenue into the space program. Helium is a byproduct be done with this bill in 40 minutes. We Federal Government and thereby re- of natural gas production. could debate, vote, and send it to the ducing the deficit. In short, we have heard from people Senate so they could send it to the And here’s the funny thing. Despite for a long time that what Congress President. the apocalyptic gloom and doom of needs to do is come together and work But, instead, the majority is stretch- some on the other side of the aisle, be- in a bipartisan way, find a compromise ing this bill out over 2 days—2 days, lieve it or not, the deficit is actually and present a solution that can actu- Mr. Speaker, to consider a bill that shrinking faster than expected. And ally solve some of the problems we’re isn’t controversial and will pass over- the best thing we can do is to help facing. This is exactly what this par- whelmingly, 2 days to consider this bill speed up that process by investing in ticular bill does do. when there are so many other urgent our people and creating jobs. We should challenges that this majority con- be promoting growth through infra- b 1250 tinues to ignore, 2 days on the Respon- structure projects and job-training pro- This is exactly what this particular sible Helium Administration and Stew- grams. We should be creating long- bill does do. ardship Act. That’s a lot of hot air term demand through research and de- The leadership, both Republicans and even for this House. So while we’re velopment, not cutting the National Democrats on the committee, have spending a ridiculous amount of time Institutes of Health’s research budget, crafted a bill in which they have come on this bill, the Republican majority not cutting the National Science Foun- together and presented a compromise. continues to ignore the economy. dation. We should be supporting these We should be happy with this day. We The gentleman from Utah is right areas that create innovation and op- should be celebrating this particular when he says that this could poten- portunity. We should be investing in bill on the floor because it’s a perfect tially be a problem if we don’t address our young people, preparing our stu- example of government done right. this issue of helium, but that’s not dents for the 21st century economy, When an elderly lady will call my until the end of the fiscal year. We but we’re not doing any of that today— district office and complain that her have some major problems right now any of that today. Social Security check has not arrived, this very second that the majority of And, yes, the bill before us that we’re the most important issue of govern- this House continues to ignore, chal- dealing with right now is fine, no prob- ment to her is her Social Security lenges that impact our constituencies lems. Yes, Republicans and Democrats check. To me and my staff, the most all over this country. worked together on this in a way that

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.027 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2317 is sadly uncommon for this current pared for a potential increase in traffic as se- 1925, the Federal Government enacted Congress, but we aren’t doing enough questration cuts begin to impact other parts legislation which created a Federal He- to solve our biggest problems. of the valley. lium Reserve, and the Federal Govern- Tomorrow, when we adjourn after ‘‘There’s a lot of uncertainty as far as groups that have something to do with pro- ment basically has had a monopoly on this overlong debate on this helium viding a social safety net,’’ says Bailey. the helium market ever since. bill, we’re going to take another week ‘‘That certainly includes food pantries. Par- After World War II, the demand for off—the sixth week of recess that this ticularly if they have significant govern- helium increased dramatically, so Con- House of Representatives has taken ment funding.’’ gress passed the Helium Act in 1960 to since January—the sixth weeklong re- The closure of the SLCAP food pantry in provide incentives for the private nat- cess with all that’s going on. With all Murray is a big hole in that safety net. ural gas industry to strip helium from of the difficulty that people all across Neighborhood Pantry Manager Mary Ander- its natural gas wells and sell it to the this country are dealing with because son says the federal cuts left them little government, which then placed it in choice. of the sequestration, we’re taking an- ‘‘The pantries have had to take a 10 per- the Federal Helium Reserve, eventu- other week off. cent budget cut,’’ Anderson says. ‘‘We oper- ally leading to a supply large enough Mr. Speaker, I think we should do ate on Community Development Federal to supply all of the U.S. Federal and more, we can do more, we must do Block Grants, which are government pro- domestic needs as well as the ability to more, and we certainly can do better. grams.’’ sell some overseas. The 1960 legislation So while I have no problem with this Customers from the Murray pantry are required that the Federal Government bill, and while, if we don’t deal with being diverted to SLCAP’s pantry on Red- set prices on the sale of helium, which wood Road. But Anderson says it’s a big in- this helium issue come the end of the convenience for a group of people who are al- would cover the costs of the Federal fiscal year there may be a problem, ready struggling. Government for its purchase and stor- we’ll deal with it fast enough. Right ‘‘The need has been increasing a lot,’’ says age. now there are urgent issues that we Anderson. ‘‘Over 200% [in the past five Since the 1990s, the Federal demand need to face, not just airline delays. years]. But also our other programs.’’ for helium has dropped significantly There are people in this country who Anderson says the organization’s Head while the private demand has in- have fallen through the cracks. There Start program has also taken a significant creased. So, in 1996, Congress passed cut due to sequestration. Affordable housing are people in this country struggling programs are another on the chopping block. the Helium Privatization Act, which who are seeing their benefits slashed Bailey says that perpetuates the problem, was intended to lead to the phasing out because of the sequestration. There are since those are typically the people who also of the Federal role in helium produc- research facilities all across this coun- rely on the food pantry. tion and storage with a view towards try that are terminating important Mr. BISHOP of Utah. Mr. Speaker, I allowing market forces to work within medical research programs because of yield myself such time as I may con- the private sector for its production the sequestration. We ought to deal sume. and reducing the cost to the Federal with that. I wish to thank the gentleman from Government. The 1996 law required the And one other thing, Mr. Speaker. Massachusetts for his kind words about government to price helium, not on My friends on the other side of the the process that we are doing here. It is market prices, but only on the min- aisle a few weeks ago made a big hoo- nice to be complimented on a bill imum price necessary to recover $1.3 ha and sent all kinds of press releases which we have done correctly and done billion in Federal debt that was in- about how they were going to force the right. I would suggest, though, that it curred to build this helium reserve. House and the Senate to pass budgets, is wise of us to actually bring it here to The Federal Government will be able otherwise we would lose our salaries. the floor, rather than put it on a sus- to pay off that $1.3 billion debt sooner Well, the House passed a budget, a pension calendar. than was anticipated—another cause lousy budget, but the House passed a There were several Representatives for celebration. That doesn’t happen budget. The Senate passed a budget, as that wished to have a chance to speak very often in this government either; well. So you have two budgets. Why to this and amend it. We are dealing but unless the particular law we have doesn’t the House move to go to con- with amendments to this particular on the books now is amended, it will ference? Why aren’t we trying to rec- bill, which is, once again, why you close the reserve, leaving no new do- oncile the differences between the bring it to the floor, otherwise they mestic sources of helium. The industry House and the Senate to try to get our would be closed from that process. would be forced to look overseas to budgetary situation under control? such producers as Algeria and Qatar We’re not doing that. We’re not doing b 1300 and Russia to fill their needs. anything, quite frankly, that we need I also appreciate his comments about In essence, if we do not deal with this to do at this moment. sequestration. I am very happy that he particular bill, there will be a harm So I would urge my colleagues, this mentioned that because, not only did I that will impact real people. I’m sorry is a fine bill, vote for it, bipartisan sup- vote against the original law that es- that fixing this harm is not good port. Mr. HASTINGS, Mr. MARKEY, it’s tablished it, but I voted twice for solu- enough for some, but it is something all good, but we’re spending 2 days on tions to it well before sequestration that needs to be done, and it needs to this? Give me a break. was ever established. Both of those be done in an open way, which will I reserve the balance of my time. bills passed in a bipartisan way and allow us to discuss some amendments [From fox13now.com, Mar. 29, 2013] were sent over to the Senate. The Sen- people wish to present towards this SEQUESTRATION FORCES FOOD PANTRY ate responded by doing nothing, which particular bill. CLOSURE is typical of a lot of things that simply The National Academy of Sciences (By Zach Whitney) happen around this place. issued a report in 2010 which addressed MURRAY, UT.—For months, the threat of In 1925, when the issue of helium was this issue, as did the General Account- sequestration has had organizations tight- first addressed by Congress, we made a ing Office. H.R. 527 is based largely ening their budgets. But as those federal mistake. The idea at the time was that upon the recommendations of these re- cuts take effect, it appears those in need are dirigibles would be the source of avia- ports, and it makes revisions to the taking the biggest hit. Salt Lake Community Action Program tion for the future, and therefore he- law to continue the effort to divest the closed its Murray food pantry last week. The lium was extremely successful. It’s not Federal Government from its current food pantry was one of five locations that the first time we’ve been wrong. The role as a monopoly on helium produc- serve over 1,000 people every month. Now fact that we have steps leading out the tion in an orderly, three-phased proc- those people will have to go somewhere else, east side of this Capitol Building, going ess. A new approach will better incor- with even less to go around. in that direction, is because, when this porate market forces into the produc- ‘‘The potential is for a perfect storm where was originally laid out and established tion and the sale of helium, and it will there’s less help available and it’s harder for people to get by,’’ says Crossroads Urban and built, everyone knew that Wash- ensure the future supply of helium to Center Executive Director Glenn Bailey. ington, D.C., would grow to the east. the Federal Government and to private Crossroads Urban Center relies on private We’ve been wrong from the very incep- users; and it will ensure that it will not donations for funding, but says they’re pre- tion of this governmental city. But in be interrupted.

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.029 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2318 CONGRESSIONAL RECORD — HOUSE April 25, 2013 It is important that Congress take a [From the Washington Post, Apr. 3, 2013] ‘‘We don’t sugar-coat things, we’re cancer proactive step through the passage of CANCER CLINICS ARE TURNING AWAY THOU- doctors,’’ Charles Holladay, a doctor at the this legislation in order to avoid dis- SANDS OF MEDICARE PATIENTS. BLAME THE clinic, said. ‘‘We tell them that if we don’t go ruptions in our helium supplies world- SEQUESTER. this course, it’s just a matter of time before (By Sarah Kliff) we go out of business.’’ wide; and it would have, if we did not, Cancer patients turned away from local on- a far-reaching negative consequence. Cancer clinics across the country have cology clinics may seek care at hospitals, This legislation is a model of how im- begun turning away thousands of Medicare which also deliver chemotherapy treat- portant bipartisan legislation which patients, blaming the sequester budget cuts. ments. addresses real issues and real problems Oncologists say the reduced funding, which The care will likely be more expensive: took effect for Medicare on April 1, makes it for real people can, indeed, be achieved One study from actuarial firm Milliman impossible to administer expensive chemo- found that chemotherapy delivered in a hos- in Congress. It’s a good bill and a fair therapy drugs while staying afloat finan- rule. pital setting costs the federal government an cially. average of $6,500 more annually than care de- Mr. Speaker, I reserve the balance of Patients at these clinics would need to livered in a community clinic. my time. seek treatment elsewhere, such as at hos- Those costs can trickle down to patients, pitals that might not have the capacity to who are responsible for picking up a certain Mr. MCGOVERN. I yield myself such accommodate them. time as I may consume. amount of the medical bills. Milliman found ‘‘If we treated the patients receiving the that Medicare patients ended up with an av- I would just like to remind my col- most expensive drugs, we’d be out of business erage of $650 more in out-of-pocket costs leagues that, again, as we are debating in six months to a year,’’ said Jeff Vacirca, when they were seen only in a hospital set- this bill—which I’m not saying we chief executive of North Shore Hematology ting. shouldn’t pass—even with all of the Oncology Associates in New York. ‘‘The It is still unclear whether hospitals have amendments, we could probably spend, drugs we’re going to lose money on we’re not the capacity to absorb these patients. The going to administer right now.’’ maybe, a total of an hour on this bill same Milliman report found that the major- After an emergency meeting Tuesday, ity of Medicare patients—66 percent—receive and get all of those things taken care Vacirca’s clinics decided that they would no of. I have no problem with passing the treatment in a community oncology clinic, longer see one-third of their 16,000 Medicare instead of a hospital. bill. patients. Non-profit hospitals will likely have an ‘‘A lot of us are in disbelief that this is What I do have a problem with is the easier time bearing the brunt of the seques- happening,’’ he said. ‘‘It’s a choice between fact that this Republican majority con- ter cuts. A federal program known as 340B seeing these patients and staying in busi- requires pharmaceutical companies to give tinues to ignore the economy. This Re- ness.’’ double-digit discounts to hospitals that treat publican majority continues to ignore Some who have been pushing the federal low-income and uninsured patients. the very, very harsh consequences of government to spend less on health care say Eastern Connecticut Health Network this is not the right approach. the sequestration that they thrust began preparing for additional volume after ‘‘I don’t think there was an intention to upon this country, that they voted for, a local oncology practice sent out notice disrupt care or move it into a more expen- that they will not allow us to bring up that it would stop seeing certain cancer pa- sive setting,’’ said Cathy Schoen, senior vice an alternative to fix. tients. president of the Commonwealth Fund, which ‘‘What we’re trying to do in the hospital is I want to read for my colleagues and recently released a plan for cutting $2 tril- prepare for this,’’ ECHN spokesman Eric insert into the RECORD an article that lion in health spending. ‘‘If that’s the case, Berthel said. ‘‘We’re making sure we have appeared in The Washington Post on we’re being penny-wise and a pound-foolish access to the pharmaceutical companies and with these cuts.’’ April 3. It’s entitled, ‘‘Cancer Clinics that we have appropriate staff on hand. Legislators meant to partially shield Medi- are Turning Away Thousands of Medi- We’re hoping the oncology practice will be care from the automatic budget cuts trig- care Patients. Blame the Sequester.’’ successful in renegotiating this. It’s so fresh, gered by the sequester, limiting the program so we’re pretty unsure.’’ It reads: to a 2 percent reduction—a fraction of the Some cancer clinics are counting on the Cancer clinics across the country have cuts seen by other federal programs. federal government to provide relief, and begun turning away thousands of Medicare But oncologists say the cut is unexpect- continuing to see patients they expect to patients, blaming the sequester budget cuts. edly damaging for cancer patients because of lose money on. the way those treatments are covered. Oncologists say the reduced funding, which ‘‘We’re hoping that something will change, Medications for seniors are usually covered took effect for Medicare care on April 1, as legislators see the impact of this,’’ Ralph under the optional Medicare Part D, which makes it impossible to administer expensive Boccia, director of the Center for Cancer and includes private insurance. But because can- chemotherapy drugs while staying afloat fi- Blood Disorders in Bethesda, Md., said. ‘‘I cer drugs must be administered by a physi- nancially. Patients at these clinics would don’t think we could keep going, without a cian, they are among a handful of pharma- need to seek treatment elsewhere, such as at change, for more than a couple of months.’’ ceuticals paid for by Part B, which covers hospitals that might not have the capacity An analysis prepared by his clinic esti- doctor visits and is subject to the sequester to accommodate them. mates that, if the full 2 percent cut takes ef- cut. fect, between 50 and 70 percent of the drugs When the gentleman says that he’s The federal government typically pays it administers would become money losers. sorry that this helium bill isn’t good community oncologists for the average sales Boccia estimates that 55 percent of his pa- enough for some, he’s right. It isn’t price of a chemotherapy drug, plus 6 percent tients are covered by Medicare, making any to cover the cost of storing and admin- good enough for me. It isn’t good changes to reimbursement rates difficult to istering the medication. enough for the majority of people on weather. Since oncologists cannot change the drug my side of the aisle who believe that ‘‘When I look at the numbers, they don’t prices, they argue that the entire 2 percent we ought to be fixing this problem that add up,’’ he said. ‘‘Business 101 says we can’t cut will have to come out of that 6 percent stay open if we don’t cover our costs.’’ many cancer patients are facing right overhead. That would make it more akin to now, that we ought to be fixing the a double-digit pay cut. At this point, I yield 3 minutes to the problem of the delays in our airlines, ‘‘If you get cut on the service side, you can ranking member of the Committee on that we ought to be fixing the problems either absorb it or make do with fewer Natural Resources’ Subcommittee on of these budget cuts to programs like nurses,’’ said Ted Okon, director of the Com- Energy and Mineral Resources, the WIC—that’s the Women, Infants, and munity Oncology Alliance, which advocates gentleman from New Jersey (Mr. Children program—and food banks. I for hundreds of cancer clinics nationwide. ‘‘This is a drug that we’re purchasing. The HOLT). could go right down the list. costs don’t change and you can’t do without Mr. HOLT. Mr. Speaker, I thank my So there are urgent things for us to it. There isn’t really wiggle room.’’ friend from Massachusetts, a superb do, not to spend 2 days on helium—that Okon’s group has sent letters to legislators Member of Congress, Mr. MCGOVERN. I is totally unnecessary—and then take urging them to exempt cancer drugs from join him in saying that this legislation another week off, to adjourn for an- the sequester or, as a back-up, only shave 2 represents an unwarranted delay on other week, while all of these cuts con- percent off the money they receive to admin- what should be a noncontroversial tinue to go into effect, these cuts ister the medications. piece of legislation. Doctors at the Charleston Cancer Center in which have a really nasty and negative South Carolina began informing patients H.R. 527 is a bill carefully written by effect on our economy. We ought to be weeks ago that, due to the sequester cuts, Chairman HASTINGS, in consultation doing our job here, not kicking the can they would soon need to seek treatment else- with me and with Ranking Member down the road. where. MARKEY, with Representative FLORES,

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.031 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2319 and with many individuals and organi- that is why they have proposed amend- ning away from our responsibility here zations that depend on a reliable, fairly ments. The only way to allow those in this Congress and running away priced supply of helium. Now, most amendments to be discussed on the from our responsibility to our constitu- Americans give no thought to our sup- floor is not through suspension, but ents. ply of helium; but a reliable supply of going through regular order. The Democrats have had an alter- helium is essential for health care im- I appreciate also the comments that native to sequestration. Mr. VAN HOL- aging, for electronics manufacturing, were made by other speakers as to LEN has tried on countless occasions to and for many, many other activities issues that we’re taking. I do take one have the Rules Committee allow him important to Americans today and in sense of umbrage at the idea that we’re the opportunity to bring his alter- the future. going on a vacation again. I do not native to the floor. He’s been turned In line with the recommendations of know how some people try to view the down every single time. the National Academy of Sciences, district work period—to some it may Again, I really appreciated my Re- which my friend from Utah mentioned, be a vacation, but for me it is not. publican friends who came down here the bill succeeds in averting a global When I go back to the district, at that and were upset about the flight delays. helium crisis that would result from time, I’m constantly in meetings and They’re upset about the flight delays the closure of the Federal Helium Re- going to places to meet with constitu- because, quite frankly, that impacts serve at the end of this fiscal year. The ents and find out how the actions and them directly. What was missing from bill also fixes the mechanism for he- ideas of this body impact real people. their outrage were the cuts in WIC, the lium pricing so that we can now pro- I note just in the history of Congress cuts in food banks, the cuts in medical vide a fair market price to users and a there occasionally have been Speakers research and the furloughs. Why aren’t positive return to taxpayers. So I sup- who did not like to allow people to go they complaining about that as well? port the bipartisan agreement rep- back and talk to their constituents. Maybe because it doesn’t affect them resented here in H.R. 527. You have the opportunity, if you’re directly. Yet by bringing this legislation to here all the time, of hiding from con- But I think the idea of leaving here the floor under a rule, which is really stituents and not necessarily having for a week with this sequestration in not necessary, with amendments and that interface. So, one Speaker, every play is an absolute disgrace, and I re- by scheduling a debate today, which time that particular Speaker allowed serve the balance of my time. will end, maybe, an hour or two from Members to go back and interface with Mr. BISHOP of Utah. Mr. Speaker, now—and amendments tomorrow, the districts and the constituents in once again, a nice conversation. We which will take an hour or so, the districts, they always came back need to have that conversation with stretched over 2 days—the leadership with a different opinion that had to be my friends in the Senate. We’ve al- has created a deliberate, irresponsible remolded and reshaped. ready sent two bills over there they Some people don’t like the idea of ac- delay. We could have dispensed with haven’t addressed. I don’t know how tually interfacing. Some people think this in 10 minutes. My colleague said 60 many more we need to address, but it if we never go back and talk to our minutes—okay. Let’s be generous—60 would be nice if the Senate did some- constituents, that we’re hiding from minutes—but we could have dispensed thing. them. That is why the district work pe- with this. With that, I yield as much time as riod, to me, is not a vacation. It’s not Instead, we spend 2 days on this, and she may consume to the gentlelady in the 2 days we spend on this, we are a recess from what we’re doing. It’s a from Florida (Ms. ROS-LEHTINEN), a chance to actually expand what we’re not considering legislation to create member of the Rules Committee. jobs, to provide education and training doing so when we come back here we Ms. ROS-LEHTINEN. I thank the for workers, to consider a conference make wiser decisions, or at least have gentleman for the time. on the budget resolutions of the House a true understanding and implication I so agree with what the gentleman and the Senate, or legislation to undo of what it does and how Congress im- has been discussing, which is the dif- the sequester imposed by the Repub- pacts the real workings that deal with ference between recess and district lican majority and now affecting air- real people. I appreciate that. work period. It is so important for port delays and Head Start limitations I also appreciate, once again, the Members of Congress to maintain close and lost food inspections and delayed concepts of sequestration. The gen- attention and close ties with the con- medical research and so many other tleman from Massachusetts, I think, stituents we so proudly represent. If we things. The bill could have been consid- makes some nice points about seques- don’t go back home, if we don’t meet ered and adopted under a suspension of tration. I think he’s in the wrong spot, with constituents, if we don’t talk to the rules, but instead we are here de- though. This body has, numerous times the Lions Clubs and the Rotary Clubs bating a rule. before sequestration went into effect, and Chambers of Commerce and every- It’s an important issue. We’ve pro- passed laws to blunt the impact of se- day people who come to our congres- posed a workable solution. There is no questration to solve the problem. We sional offices every day seeking help controversy that I know of on this, so need to talk to our friends on the other and remedy from the bureaucracy of let’s pass H.R. 527 without delay and side of this building who refuse to even the Federal Government, we would get on to all of these other issues. It’s discuss any of those bills that were really not know what is going on in our not as if there aren’t important prob- passed in this body to solve the prob- congressional districts. lems facing this country. lem before it hit. It was a great speech, wrong people. You need to be talking Many people prefer to move up to b 1310 to an element that is a lot more elderly D.C., and they get the Beltway fever Mr. BISHOP of Utah. Mr. Speaker, I than we are over on this side, and I say and they rarely go back home. I think yield myself such time as I may con- that with grey hair. that’s the wrong approach. I value the sume. Also, Mr. Speaker, I reserve the bal- time that we get to be in our district I appreciate the words that were ance of my time. so we can be in touch with our con- given by the gentleman from New Jer- Mr. MCGOVERN. Mr. Speaker, I yield stituents. I’m lucky enough that sey. He is far too modest. You are a co- myself such time as I may consume. Miami is not too far from D.C. We have sponsor of this bill. It’s a good bill. It Let me respond to my friend from many flights every day, and so I’m able was worked out well. This is not an un- Utah by simply saying that I think to go home every weekend to be with warranted delay bill. This is an impor- going on a week-long recess while peo- my constituents. But it’s difficult to tant bill that solves problems for real ple are being furloughed, while cuts in really plan very much without know- people. medical research go forward, while we ing for sure that you’re going to be Once again, even though I think what see cuts in programs like WIC and cuts home for an extended period of time, so you have done with your bill is a very in programs like food banks and sci- I value the district work period. good job, there are others in this body entific research, I think going on re- This Saturday, for example, what is who are not on the Natural Resources cess with all of this happening, quite my day like? Well, we have a student Committee who would disagree, and frankly, is unconscionable. That’s run- award ceremony where we’re giving

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.033 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2320 CONGRESSIONAL RECORD — HOUSE April 25, 2013 awards to every student who has got- tration cuts and the devastating im- ceremony to honor kids who have a ten good grades, who’s had good at- pacts it has on our community. good attendance record. tendance, who’s been most improved So I thank the gentleman from Utah But with all due respect, Mr. Speak- throughout the year. Then we’ll also be for his time. I hope that people under- er, I think my colleague’s time, and in having an art competition at another stand, especially our constituents un- effect all of our time, would be better local school. I’ll be meeting with derstand, the value of district work pe- spent trying to solve the sequestration human rights activists who have come riods and that it will keep us more at- problem, trying to avoid deep cuts in from Cuba to talk about the deterio- tuned to our constituency and better medical research that will cost jobs, rating human rights condition. We’ll be able to address the needs that they are that will delay advancements in med- having a get-together with the Dade facing each and every day. ical science, that perhaps could find County Farm Bureau. It’s a very ex- We know that those needs are great. cures for diseases like Alzheimer’s or tended day that can only be possible There is no way that we’re saying, Parkinson’s or diabetes. By the way, if when we have these district work peri- There is no problem with sequestra- we found a cure for one of those dis- ods. tion; this is fine. Nobody is saying eases, it would help make Medicare and On the issue of sequestration itself, that. These are real problems. We need Medicaid solvent forever and ever and as the gentleman, my colleague on the to solve them. We have a plan to do it, ever. So investment actually does pay Rules Committee, has pointed out time and we’ve done it twice. off. and time again, the House has dealt So I thank the gentleman for the I appreciate the fact that she brought with the sequestration problem not time, and I will continue to try to a guest on the floor here today, a once, but twice. We have passed bills work in a bipartisan manner in our young student. But I would simply say and given them to the Senate. And I Rules Committee, as well as in our that the sequestration cuts education. agree with the gentleman from Utah Foreign Affairs Committee, to see what Sequestration actually cuts education. when he says it’s time for the Senate we can do to make our Nation safer, to It will be more difficult to fund our to do its job. We have sent them the secure our future for the next genera- schools. It will be more difficult to be legislation. It’s time for them to de- tion. able to provide students with the finan- bate it, send it back to us, and let’s I’m proud to have with me here, cial aid that they need to go to college have a conference and see on what Madison, a young lady who is from St. because of the sequestration. points we can or cannot agree. Louis, Missouri. Today is Take Our So with all due respect about all of But if we keep passing bill after bill Children to Work Day. Madison is not the wonderful things that my col- and the Senate just sits on its hands— my child, but she belongs to all of us; leagues will be doing during their re- as it likes to do—and doesn’t pass and I want to make sure that the fu- cess, it is still a recess. It is a week meaningful legislation, doesn’t even ture for Madison is a bright future that we are not dealing with the budg- care to debate it, it’s very difficult for where she doesn’t graduate from col- et. It is a week we are not dealing with us to get ourselves out of this seques- lege with terrible debt, where she has a sequestration. tration jam. lot of opportunities available to her, And by the way, I understand that it We are willing to work with the Sen- where she knows that every path is has become fashionable to blame the ate, and we’ve made that point very available and open to her, that there Senate for everything, but when it clear. And the way that we deliver that will be no problem for her, whether comes to the budget, the House has message very clearly is by sending not she’s male or female, what nationality, passed a budget. The Senate has passed one, but two bills over to the other what religion, what ethnic background. a budget. We’re waiting for the House body. We would like those bills to be This is the land of opportunity and this to go to conference. So we’re going to debated, and we would like them to is the land of equality. I want that for vote in a little while, and then that’s it settle on legislation that we can both all of the children of the United States for the day. We’re done. We’re done for agree on that will not be a perfect bill, of America. And I think having Madi- the day. Why aren’t we going to con- but will address some of the major son here with me today is a very im- ference with the Senate on a budget? holes that we have with sequestration, portant point to say to my colleagues: Why are we not doing something mean- whether it’s airport delays—whether We want a bright future for Madison. ingful? they’re real or manufactured—whether We don’t want to have her be shoul- So with that, Mr. Speaker, I again re- they’re problems of people accessing dering this massive debt that we’re pil- spect the itinerary of my colleague the social service safety net that we ing onto the next generation. from Florida, but I’ll tell you, there want to provide for the most needy of are lot of workers who are being fur- b 1320 our constituency. loughed who are expecting us to come So I thank the gentleman for the If we continue to be not careful stew- to some sort of solution so they don’t time so that I can highlight that this is ards of the taxpayer dollars, that’s lose a week or a month’s pay, which not recess, that this is district work what we’ll be passing off to Madison— will make it more difficult for them to period. I don’t know how others handle insurmountable debt and a huge prob- pay their mortgage and their utility their week at home, but I can tell you lem for her as she advances in her ca- bills, and for their kids. This is urgent, I’ve got a full calendar, and it means reer. and we’re not dealing with it. working hard for the people in this job So I thank the gentleman from Utah I reserve the balance of my time. that I really hold in such high esteem. for the opportunity so we can highlight Mr. BISHOP of Utah. I reserve the I never forget that the people I work the next generation of Americans, the balance of my time. for are the people with whom I’m going Madisons, who are going to inherit, we Mr. MCGOVERN. Mr. Speaker, I yield to meet next week, and those are my hope, a better society. And if we do our 2 minutes to the gentlewoman from constituents, the residents of the 27th job right, they will be able to inherit New York (Ms. SLAUGHTER), the distin- District of Florida. that better society. guished ranking member of the Com- So we can’t be successful Members of I thank the gentleman for the time. mittee on Rules. Congress unless we’re in touch with the The SPEAKER pro tempore (Mr. Ms. SLAUGHTER. Mr. Speaker, I rise people we represent. I enjoy that op- WOMACK). Members are advised to not again today, as I have ever since we portunity. Of course, I get to go back make reference to persons on the floor started this term in January, to talk to a lovely district like Miami, Flor- as guests of the House. about the lack of work that this House ida. But whatever district you rep- Mr. MCGOVERN. Mr. Speaker, I yield of Representatives has produced and resent, it’s important to be in touch myself such time as I may consume. how absolutely devastating it is to the with our constituents so they can tell I want to thank the gentlelady from public and how angry they are that us their needs, and then we can come Florida for her comments. I appreciate week after week we do absolutely noth- back here and fight so their needs are the fact that she has a beautiful dis- ing here of any importance. addressed in legislation like the legis- trict in southern Florida, and I appre- One-House bills—this week, I think, lation we sent to the Senate not once, ciate the fact that she’s going to spend is a prime example of that. We came in, but twice, dealing with these seques- her recess going to a student awards went into the Rules Committee, put a

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.035 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2321 rule that we knew would not go to the because they can’t find a job because ments. There are poor women who ben- Senate, and we knew the President the economy is so bad, are having that efit from the WIC program who are not would veto it. But we spent time on it cut as well. getting that benefit. There are food until suddenly some groups got very We have done enormous harm with banks that are being closed all around angry about it and said, Well, you’d this folly, and we have an opportunity this country. better not vote for that. It was pulled to heal it. Let VAN HOLLEN’s bill come There is medical research that is off the floor yesterday after we’d done to the floor tomorrow. In a bipartisan being curtailed. There is scientific re- the rule. And everybody who voted for way, let’s discuss that with our leader- search that is being curtailed, all while the rule is already on record that they ship and your leadership, bring that we speak. And all this is vitally impor- wanted that bill to pass. I think that’s out here, and bring this thing to a tant to our economy. All this is vitally important. If they were trying to es- close. important to our economy. And yet cape making some conservative groups What we’re suffering now and what we’re doing nothing. We’re doing noth- mad, they’ve done that already. people are seeing now with flight ing. We’re just going to kind of wait it But FRANK PALLONE, Representative delays is only a small piece of it. Every out. And what we’re saying on this side of PALLONE from New Jersey, who was day it’s going to get worse. And we will managing that bill for the Democrats, rue the day we had all of these oppor- the aisle is we ought to do something. We ought to be debating what is urgent got no notice at all that the bill was tunities with Mr. VAN HOLLEN to get right now before the American people, not going to be taken up, and was rid of it, and certainly we will rue the and that is the cuts that are impacting standing here almost open-mouthed day if we don’t make it in order for to- them as a result of sequestration. when he found out he had nothing to morrow when we’re apparently trying That’s what we should be talking about do. to make work. right now. That’s what we should be Now this bill we have here today Mr. BISHOP of Utah. Mr. Speaker, if debating. I don’t know why that’s such could have been done on suspension one needs an MRI, this helium bill is a controversial idea. without any question. There’s nothing extremely significant. If one needs to But we’re not. We’re going to do this here—helium. This whole thing is filled use microchips, this helium bill is sig- bill, which is not urgent, and we’re with hot air. nificant. This bill solves problems of going to go home for a week, the sixth And the sequestration—I’ve said and real people. And I recognize that we week of recess since January, the sixth said as recently as yesterday that Con- have other issues that people wish to week of recess. gressman VAN HOLLEN has come to the discuss. That’s great. This one is one And, again, I appreciate the fact that Rules Committee three times, and four that we should do now and get it over we all have busy schedules when we go times he has tried to get a bill on the to the Senate and see if once again the home—I do as well—but the idea of floor which would take away sequestra- Senate actually will do something, at leaving here while people are being fur- tion and would provide all of the least on this issue, which has bipar- loughed, while families are being hurt, money by other means, sensitive ways tisan support. It’s a good bill. I just find unconscionable. to cut, that sequestration is going to I’m going to reserve the balance of And so our complaint is with the fact take. But no, he didn’t have a chance my time, but I’m ready to move on as that we’re not addressing the central to do it. soon as the other side is. issue before the American people So now we’re going to worry about Mr. MCGOVERN. Mr. Speaker, I’ll today, and that is these devastating airplanes, which is important because I close, but I would be interested to cuts. And I would like to think that we live in a district that does not nec- know whether anybody on the other could get some clue from somebody essarily have the best flight schedules, side can tell me when we might go to that, at some point in the near future, but I’m also concerned about the can- conference on the budget? The House we would be able to deal with it. cer patients in this country who are has passed a budget. The Senate has Just one final point. My friends on not getting their shots because of se- passed a budget. I thought the whole the other side of the aisle embrace this questration. I’m worried about the at point of getting the Senate to pass a idea of sequestration, so my friends least 70,000 young kids who have been budget was to go to conference and try own it. I think it’s your responsibility cut out of Head Start because of se- to work out the differences. I don’t to at least provide us the forum to find questration. know whether anybody on the other a way out of it. The answer for us here is to make side of the aisle has any information on I will close by saying, Mr. Speaker, that, again, we have no problem with Van Hollen in order for tomorrow and when we might go to conference. It’s the helium bill. We could do this in an take away sequestration and follow his the House’s responsibility to ask for a hour, with all the amendments. That’s bill, and we’ll get the same amount of conference. I’m just trying to get a money. how noncontroversial it is. sense. If not today, will it be tomor- But the idea that we’re stretching it The SPEAKER pro tempore. The row? Surely it won’t be next week be- time of the gentlewoman has expired. over 2 days, and we’re not dealing with cause we’re on break next week. Any- these devastating cuts and sequestra- Mr. MCGOVERN. I yield an addi- body? tional 1 minute to the gentlewoman. tion, I think, is just wrong. Okay, thank you for that informative With that, I yield back the balance of Ms. SLAUGHTER. Sequestration was answer. my time. an awful thing. The whole idea of it Mr. Speaker, let me close by saying I Mr. BISHOP of Utah. Mr. Speaker, I made absolutely no sense. And it was have no problem with this helium bill. have enjoyed being held accountable so stupid that I think that most Mem- There is value to passing this bill. It for the Senate’s inaction on some of bers in this House really thought doesn’t have to be passed today. It these issues. However, we do have a bill they’d never see it; that nobody in here could be passed anywhere up until the before us that is a good bill, that solves would be dumb enough to do that. Mr. end of this fiscal year, but I’m fine a real problem, and that helps real peo- MCGOVERN and I were smart enough to with passing it today. It’s not con- ple. And I promise you that if we use vote against it, weren’t we, JIM? So if troversial. This could pass really this bill, or if we pass this bill, which you voted for it, it’s your bill. But let quickly, but we are stretching it over 2 has amendments that suggests that me tell you, we need to get rid of se- days for reasons that none of us can there has to be some controversy ap- questration. We have a chance to do quite fathom. plied, that if, indeed, we were to pass that tomorrow. Obviously for the op- this bill we would make the desert b 1330 tics of the thing, we have to stay here bloom. and do something because we haven’t But the problem is not with the he- Mr. Speaker, in a moment, I will done anything this whole week. If lium bill. The problem is with what offer an amendment to the rule. The we’re going to do something, make it we’re not doing. And as we speak, there amendment will provide suspension au- meaningful. Let’s take away sequestra- are people who are losing their jobs. thority for potential consideration of tion. Let’s get people back to work. There are people who are being fur- additional measures prior to the dis- The people who are on unemployment loughed. There are cancer patients who trict work period next week where we who are barely making it, poor souls, are not getting access to their treat- will be meeting with people.

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.037 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2322 CONGRESSIONAL RECORD — HOUSE April 25, 2013 AMENDMENT OFFERED BY MR. BISHOP OF UTAH Pittenger Rothfus Tipton b 1356 Mr. BISHOP of Utah. Mr. Speaker, I Pitts Royce Turner Poe (TX) Runyan Upton Ms. CASTOR of Florida and Mrs. offer an amendment to the resolution. Pompeo Ryan (WI) Valadao NAPOLITANO changed their vote from The SPEAKER pro tempore. The Posey Salmon Wagner ‘‘yea’’ to ‘‘nay.’’ Clerk will report the amendment. Price (GA) Scalise Walberg So the resolution, as amended, was The Clerk read as follows: Radel Schweikert Walden Reed Scott, Austin Walorski agreed to. At the end of the resolution, add the fol- Reichert Sensenbrenner Weber (TX) The result of the vote was announced lowing: Renacci Shimkus Webster (FL) as above recorded. SEC. 5. It shall be in order at any time Ribble Shuster Wenstrup A motion to reconsider was laid on through the legislative day of April 26, 2013, Rice (SC) Simpson Westmoreland the table. for the Speaker to entertain motions that Rigell Sinema Whitfield the House suspend the rules as though under Roby Smith (NE) Wilson (SC) f clause 1 of rule XV. Roe (TN) Smith (NJ) Wittman Rogers (AL) Smith (TX) Wolf Mr. BISHOP of Utah. Mr. Speaker, I Rogers (KY) Southerland Womack ANNOUNCEMENT OF CLASSIFIED yield back the balance of my time, and Rogers (MI) Stewart Woodall BRIEFING REGARDING SYRIA I move the previous question on the Rohrabacher Stivers Yoder AND NORTH KOREA amendment and on the resolution. Rokita Stockman Yoho Rooney Terry Young (AK) The previous question was ordered. (Mr. CANTOR asked and was given Ros-Lehtinen Thompson (PA) Young (IN) permission to address the House for 1 The SPEAKER pro tempore. The Roskam Thornberry question is on the amendment. Ross Tiberi minute.) The amendment was agreed to. Mr. CANTOR. Mr. Speaker, today, NAYS—177 the administration has confirmed that The SPEAKER pro tempore. The the Assad regime in Syria has crossed question is on the resolution, as Andrews Gutierrez Pallone Barrow (GA) Hahn Pascrell a dangerous, game-changing red line, amended. Bass Hanabusa Pastor (AZ) using chemical weapons against its The question was taken; and the Beatty Hastings (FL) Payne own citizens. Speaker pro tempore announced that Becerra Heck (WA) Pelosi The Syrian conflict has raged for the ayes appeared to have it. Bishop (GA) Higgins Perlmutter Bishop (NY) Himes many months, and nearly 100,000 Syr- Mr. BISHOP of Utah. Mr. Speaker, on Peters (MI) Blumenauer Hinojosa Peterson ian civilians have been killed. The con- that I demand the yeas and nays. Bonamici Holt Pingree (ME) flict now threatens to spill over Syria’s The yeas and nays were ordered. Brady (PA) Honda Pocan borders, destabilizing key American al- The vote was taken by electronic de- Braley (IA) Hoyer Price (NC) Brown (FL) lies. This dangerous conflict threatens vice, and there were—yeas 231, nays Huffman Quigley Brownley (CA) Israel Rahall American national security interests 177, not voting 24, as follows: Bustos Jackson Lee Rangel in the region. [Roll No. 124] Butterfield Jeffries Richmond Capps Johnson, E. B. I wanted to take this opportunity, YEAS—231 Roybal-Allard Capuano Kaptur Ruiz Mr. Speaker, to urge Members to at- Aderholt Duffy Joyce Ca´ rdenas Keating Ruppersberger tend the classified briefing that the ad- Alexander Duncan (SC) Kelly (PA) Carson (IN) Kelly (IL) Ryan (OH) ministration will be providing tomor- Amash Duncan (TN) King (IA) Cartwright Kennedy Sa´ nchez, Linda row morning at 9:30 a.m. in the CVC Amodei Ellmers King (NY) Castor (FL) Kildee T. Bachmann Farenthold Kingston Castro (TX) Kilmer Sanchez, Loretta auditorium. Secretary of State Kerry, Bachus Fincher Kinzinger (IL) Chu Kind Sarbanes Deputy Secretary of Defense Ash Car- Barber Fitzpatrick Kline Cicilline Kirkpatrick Schakowsky Barletta Fleischmann Labrador ter, Vice Chairman of the Joint Chiefs Clarke Kuster Schiff Admiral Sandy Winnefeld, and Deputy Barr Fleming LaMalfa Clay Langevin Benishek Forbes Lamborn Schrader Director of National Intelligence Rob- Cleaver Larsen (WA) Schwartz Bentivolio Fortenberry Lance Clyburn Larson (CT) ert Cardillo will be there to brief Mem- Bera (CA) Foxx Lankford Scott (VA) Cohen Lee (CA) Bilirakis Franks (AZ) Latham Scott, David bers on the situations in both Syria Conyers Levin Bishop (UT) Frelinghuysen Latta Serrano and in North Korea. Cooper Lewis Black Gabbard LoBiondo Sewell (AL) Courtney Lipinski With that, Mr. Speaker, I’d like to Blackburn Garcia Long Shea-Porter say to Members that we won’t be hav- Bonner Gardner Lucas Crowley Loebsack Sherman Boustany Garrett Luetkemeyer Cuellar Lofgren Sires ing another vote in this series. Cummings Bridenstine Gerlach Lummis Lowenthal Slaughter Davis (CA) Lowey Brooks (AL) Gibbs Maffei Smith (WA) f Davis, Danny Lujan Grisham Brooks (IN) Gibson Marino Speier DeGette (NM) Broun (GA) Gingrey (GA) Massie Swalwell (CA) Delaney Luja´ n, Ben Ray b 1400 Buchanan Gohmert McCarthy (CA) Takano Bucshon DeLauro (NM) Goodlatte McCaul Thompson (CA) Calvert Gosar McClintock DelBene Maloney, Thompson (MS) APPOINTMENT AS MEMBER OF HIT Camp Gowdy McHenry Deutch Carolyn Tierney POLICY COMMITTEE Campbell Graves (GA) McIntyre Dingell Maloney, Sean Cantor Graves (MO) McKeon Doggett Matheson Titus Tonko The SPEAKER pro tempore. The Capito Griffin (AR) McKinley Doyle Matsui Chair announces the Speaker’s ap- Carney Griffith (VA) McMorris Edwards McCarthy (NY) Tsongas Carter Grimm Rodgers Ellison McCollum Van Hollen pointment, pursuant to section 13101 of Cassidy Guthrie Meadows Engel McDermott Vargas the HITECH Act (Pub.L. 111–5), and the Chabot Hall Meehan Enyart McGovern Veasey order of the House of January 3, 2013, of Vela Chaffetz Hanna Messer Eshoo McNerney the following individual on the part of Coble Harper Mica Esty Meeks Vela´ zquez Coffman Harris Miller (FL) Farr Meng Visclosky the House to the HIT Policy Com- Cole Hartzler Miller (MI) Fattah Michaud Walz mittee: Collins (GA) Hastings (WA) Miller, Gary Foster Moore Wasserman Mrs. Gayle Harrell, Stuart, Florida Collins (NY) Heck (NV) Mullin Frankel (FL) Moran Schultz Cook Herrera Beutler Mulvaney Fudge Nadler Waters f Costa Holding Murphy (FL) Gallego Napolitano Watt Cotton Horsford Murphy (PA) Garamendi Neal Waxman Crawford Hudson Neugebauer Green, Al Negrete McLeod Welch HOUR OF MEETING ON TOMORROW Crenshaw Huelskamp Noem Green, Gene Nolan Wilson (FL) Culberson Huizenga (MI) Nugent Grijalva O’Rourke Yarmuth Mr. HASTINGS of Washington. Mr. Daines Hultgren Nunes Speaker, I ask unanimous consent that Davis, Rodney Hunter Olson DeFazio Hurt Owens NOT VOTING—24 when the House adjourns today, it ad- Denham Issa Palazzo Barton Grayson Polis journ to meet at 10 a.m. tomorrow. Dent Jenkins Paulsen Brady (TX) Hensarling Rush The SPEAKER pro tempore. Is there DeSantis Johnson (OH) Pearce Burgess Johnson (GA) Schneider objection to the request of the gen- DesJarlais Johnson, Sam Perry Conaway Lynch Schock Diaz-Balart Jones Peters (CA) Connolly Marchant Sessions tleman from Washington? Duckworth Jordan Petri Cramer Markey Stutzman There was no objection. Flores Miller, George Williams Granger Nunnelee Young (FL)

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.038 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2323 REMOVAL OF NAMES OF MEM- clining usefulness and had racked up a General. The big gap is right here. This BERS AS COSPONSORS OF H.R. $1.3 billion debt. is what we are selling it for, and this is 1445 In response, Congress in 1996 passed what the market price is. Mr. PALLONE. Mr. Speaker, I ask legislation to implement reforms to In addition, the current program re- unanimous consent that Representa- the program and require the sale and stricts sales to only a few companies tives RUNYAN, GRIMM, LOBIONDO, and privatization of the Reserve by 2015, or through an allotment system that is BISHOP of New York be removed as co- when the debt was paid off, whichever essentially an oligarchy for Federal he- sponsors of H.R. 1445. came first. lium. Nearly 100 percent of our helium The SPEAKER pro tempore. Is there However, since this original decision supply is being put into the hands of objection to the request of the gen- to close the Reserve, both the demand four refiners that directly benefit from tleman from New Jersey? and uses for helium have dramatically the low Federal pricing formula while There was no objection. changed. This has created a situation other competitors are locked out. The where the Reserve’s debt will be paid current cheap price of helium gives an f off sooner than expected—nearly 2 unfair market advantage to these RESPONSIBLE HELIUM ADMINIS- years earlier—in October of this year. handful of companies. TRATION AND STEWARDSHIP But, while the debt will have been paid Implementing semiannual helium ACT off, there will still be helium in the Re- auctions will inject much-needed com- serve. By law then, the current Federal petition into the program and help es- GENERAL LEAVE helium program will end and the Bu- Mr. HASTINGS of Washington. Mr. tablish a fair market price for helium. reau of Land Management, or BLM, According to the CBO, this bill will Speaker, I ask unanimous consent that will no longer have the authority to all Members may have 5 legislative bring in over $340 million to the Treas- sell the remaining 11 billion cubic feet ury over the next 10 years. The bill also days in which to revise and extend of helium. It’s important to note, too, their remarks and include extraneous includes important reforms to increase Mr. Chairman, that the Reserve con- transparency and to prevent supply material on the bill H.R. 527. tains half of our U.S. domestic supply The SPEAKER pro tempore. Is there disruptions. and 30 percent of the world’s helium Now, Mr. Chairman, over 20 groups objection to the request of the gen- supply. tleman from Washington? representing the end users of refined If Congress fails to act before Octo- helium—and these are high-tech manu- There was no objection. ber, we will artificially drop the he- The SPEAKER pro tempore. Pursu- facturers of semiconductors, aerospace lium supply and cause a global helium technologies, medical devices, chemi- ant to House Resolution 178 and rule shortage that will cost jobs and se- XVIII, the Chair declares the House in cals, fiber optics, and scientific re- verely disrupt our economy. Despite search—all have called for the passage the Committee of the Whole House on what many think, helium is not just the state of the Union for the consider- of this legislation. Although this bill used for party balloons. It is essential enjoys broad bipartisan support, I do ation of the bill, H.R. 527. to our 21st century economy. Without The Chair appoints the gentleman want to take a moment to directly ad- helium we wouldn’t have lifesaving dress some concerns that have been from Kansas (Mr. YODER) to preside MRI machines, computer chips, fiber over the Committee of the Whole. raised throughout this legislative proc- optic cables, or other devices used for ess. b 1403 defense needs. First, doing nothing is not an option. The bill before us today is truly a bi- While I recognize that many people IN THE COMMITTEE OF THE WHOLE partisan plan that I’m pleased to have don’t believe that the Federal Govern- Accordingly, the House resolved worked on with the lead Democrat on ment should be in the helium busi- itself into the Committee of the Whole the Natural Resources Committee, Mr. ness—and I would agree—we must rec- House on the state of the Union for the MARKEY from Massachusetts, as well as ognize the realities of our current situ- consideration of the bill (H.R. 527) to our other colleagues on the committee, ation. Helium is too essential to our amend the Helium Act to complete the Mr. FLORES of Texas and Mr. HOLT of economy to essentially cut off the privatization of the Federal helium re- New Jersey. valve at the Reserve. We need this bill serve in a competitive market fashion First, this bill would implement a to protect our economy from severe that ensures stability in the helium new operating system for the Federal disruptions and to provide additional markets while protecting the interests Helium Reserve over the next decade time for the new development of alter- of American taxpayers, and for other that would include semiannual auc- native domestic helium resources so purposes, with Mr. YODER in the chair. tions. This will ensure that we prevent that our country and economy are pre- The CHAIR. Pursuant to the rule, the a helium shortage and that the Reserve pared for when the Reserve does close. bill is considered read the first time. stays open until nearly all of the he- However, this bill will make sure that The gentleman from Washington (Mr. lium supply is sold. HASTINGS) and the gentleman from New we are building on the reforms of the Jersey (Mr. HOLT) each will control 30 b 1410 1996 act and that we are managing and minutes. Second, it will build on the reforms selling the helium in a more respon- Mr. HASTINGS of Washington. Mr. made in 1996 and inject more free mar- sible manner. Chairman, I yield myself as much time ket principles into the sales process to Second, maintaining the status quo as I may consume. get a better and fairer return for Amer- is not an option. Under conditions in Today, I rise in support of H.R. 527. ican taxpayers. the current law, the entire program This bill is necessary to protect our Over the last decade, the Federal comes to an end this October. Simply economy from the impending helium Government has been selling helium authorizing the continuation of the shortage and to inject free-market from the Reserve significantly below current program does nothing to ad- principles into our Federal helium pro- market price. As you can see from this dress the current issues with the Fed- gram. chart—and this is based on BLM data— eral pricing formula and the need to The Federal Helium Reserve was first the new demands for helium have implement free market reforms. We created after World War I, when we caused the market price to rise much cannot keep selling helium to a hand- imagined a world where blimps would higher than the Federal Government’s ful of companies. Instead, we need an be the future of air travel and vital to pricing formula and much faster than open helium market that encourages our national security efforts. Although BLM’s ability to track market prices. more bidders, more competition, and this effort took a different course, that So, as a result, this has cost tax- more accurate pricing in order to get didn’t stop the Federal Government payers tens of millions of dollars. This the best return for the taxpayers. from spending money on this program has been confirmed by reports and tes- What we need then, Mr. Chairman, is and stockpiling helium continuously timony from both the Government Ac- no more lucrative handouts, no more through the 1980s. By the 1990s, it be- countability Office, the GAO, and the government picking winners. What we came clear that the Reserve had a de- Department of the Interior Inspector need is good ole American competition.

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.042 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2324 CONGRESSIONAL RECORD — HOUSE April 25, 2013 Finally, this bill will do absolutely At the current withdrawal rates, we Technology Policy, and many sci- nothing to interfere with private busi- have only 5 to 7 years of helium avail- entific researchers. It has the support ness contracts, and it will not create able from the Reserve. Reviews by the of the American Physical Society and instability within the helium market. National Academy of Sciences, by the many other groups and many helium With or without this legislation, the Government Accountability Office, and users, such as corporations like Gen- existing helium program and existing by the Interior Department Inspector eral Electric, Siemens, Philips, Intel, contracts all will end in October of this General’s Office have all concluded Applied Materials, Dow Chemical, IBM, year. This bill violates no contracts be- that we are not selling the Nation’s he- Texas Instruments, and many others. cause none will exist when certain con- lium at market prices. Since Federal It’s a product of close work between ditions in current law expire, which we helium comprises such an enormous the majority and the minority mem- think will be this October. This is why percentage of the global supply, with bers of the committee. Congress must act before October to es- the price set and controlled by the In- Again, I thank the majority for pro- tablish a new helium program to final- terior Department as required under viding that collaboration with us. It’s a ize the sell-off of the helium from the the guidelines established some years good bill. It provides a workable solu- Reserve. back, the global price of helium is arti- The bill will protect our economy tion to a real problem. I urge its adop- ficially low. tion. from a harmful helium shortage and The current system isn’t just a bad implement much-needed reforms to up- deal for taxpayers; it has also distorted I wish we could deal with this bill date the Federal Helium Program so the global helium market. If we con- promptly and all the amendments that it better reflects the uses and de- tinue to avoid a solution, as some have promptly. We could be done in less mands for helium in the year 2013. advocated, we could find ourselves fac- than an hour, and then we could turn Mr. Chairman, this is a good bill, and ing even more severe helium shortages our attention to other concerns that it’s a bipartisan bill. I’m glad I had and price spikes when the Federal Re- Americans have, such as jobs and edu- support in working with my colleagues serve is largely exhausted a few years cation, training for workers, a con- across the aisle on the committee, and from now and when there may be insuf- ference committee to reconcile the dif- I urge the passage of this legislation. ficient alternative supplies to turn to. ferences between the House and the With that, I reserve the balance of That’s why we must reform our Na- Senate budget resolutions, removing my time. the thoughtless sequester that the ma- Mr. HOLT. Mr. Chairman, I yield my- tion’s helium policy, put the market- based signals in place that will help jority imposed on the country affecting self such time as I may consume. air traffic control and food inspections I rise in support of H.R. 527, and I provide an incentive to bring new supplies on line. The failure to enact re- and Head Start slots and medical re- begin by commending and thanking search and many other things. But in- Chairman HASTINGS for his outstanding forms of the helium program, such as those contained in this legislation, stead, we will postpone the consider- bipartisan leadership on this legisla- ation of the amendments until tomor- tion and on other things before the could mean an increased reliance on in- secure and irregular helium supplies row, I’m sorry to say, and eat up valu- committee. This bill was drafted in able time that we could spend dealing close cooperation with the Democratic from Russia, Algeria, Qatar, and other foreign sources. It could mean higher with America’s pressing problems. Nev- minority, and I thank the chairman of ertheless, I look forward to the passage the committee. He worked with Rank- prices for American industry and for researchers. of this bill, and I urge my colleagues to ing Member MARKEY and me and with support it. Representative FLORES; and we’ve put There have already been interrup- together, I think, a solid piece of legis- tions in supply. National labs have tes- With that, I reserve the balance of lation. The legislation is an example of tified before our committee that he- my time. how we can work together. I wish it lium deliveries necessary for their re- Mr. HASTINGS of Washington. Mr. were moving faster on the floor today search have already been subject to Chairman, I’m very pleased to yield 2 and tomorrow, but it is a cooperative interruptions. minutes to the gentleman from Vir- undertaking. b 1420 ginia (Mr. WITTMAN), a valuable mem- As the chairman said, helium is crit- ber of the Natural Resources Com- The bipartisan legislation before us ical for magnetic resonance imaging, mittee. MRI machines; for NASA rocket oper- today would address both of these im- Mr. WITTMAN. Mr. Chairman, I rise ation; for high-tech manufacturing; pending crises. H.R. 527 would extend in support of H.R. 527, the Responsible and for all sorts of scientific research. the life of the Federal Helium Reserve Helium Administration and Steward- For many of these applications, there past the end of this year and ensure a ship Act. is no replacement for helium with its fair return to taxpayers on this feder- truly unique properties. Farsighted ally-owned resource. It would generate H.R. 527 is important legislation for legislators established a Federal stock- more than $300 million for American our Nation’s high-tech, defense, med- pile many decades ago, which was good; taxpayers as estimated by the Congres- ical, and scientific industries. It will and as important uses of helium were sional Budget Office. The bill will in- ensure the continued operation of and recognized over the decades, we can be crease competition, transparency, and sales of helium from the Federal He- thankful that the stockpile existed. participation in helium markets, which lium Reserve, providing a stable and The frenzy of privatization under the will help shift commercial helium reli- secure supply of a critical material for Gingrich era in Congress has now made ance from the Reserve to private the next several years. this legislation necessary. Our Nation’s sources. This legislation represents a signifi- Federal Helium Reserve supplies near- The principles of this bill are con- cant step forward in addressing the ly half of the helium used in the United sistent with the recommendations concerns associated with the helium States; and if Congress fails to pass made by the National Academy of supply from the Federal Helium Re- this legislation, by the end of the cur- Sciences in 2010 to improve the helium serve. This also creates a situation rent fiscal year, the Interior Depart- program by expanding participation where we have a reliable source of he- ment’s authority to continue operating and openness in helium markets. lium that’s critical to the strategic in- the Reserve will expire. If this is al- It will protect Federal users, such as terests of this Nation. lowed to happen, nearly half of Amer- NASA and the National Labs, as well ica’s helium supply would be cut off as the scientific community by ensur- This bill also provides for the contin- overnight, creating truly a crisis in ing that they have priority access to ued operation of the Reserve and the health care, in research, in electronic this federally-owned resource in the sale of helium to private entities, manufacturing, and in many other short term and exclusive access in the thereby helping to ensure a stable and areas. That’s the immediate problem longer term. secure supply of helium in the near that this legislation would solve; but This bill was created with input from term. there is a second, potentially more se- the Department of the Interior, the It provides price transparency vere, problem to be addressed. White House Office of Science and through clear reporting requirements

VerDate Mar 15 2010 04:20 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.044 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2325 for both the Bureau of Land Manage- Mr. HOLT. If the gentleman needs used in welding and in the manufac- ment and for those who purchase he- more time, I gladly yield an additional turing of fiber optic cable and semi- lium. And for many industries through- 30 seconds. conductors. Medical imaging has be- out the United States, this reliability Mr. JOHNSON of Georgia. Sadly, Re- come a vital tool in the health care and transparency is absolutely critical. publicans are just blowing in the wind system, and every MRI requires he- H.R. 527 is important and is urgently and can’t seem to tether themselves lium. The list of applications for this needed to address this Nation’s helium down to take on such an important element is long and touches many im- supply in making sure, too, that we task. They float off in different direc- portant industries. keep in mind the implications it has tions unable to appoint conferees to ne- When the current law passed in 1996, for both our national and our homeland gotiate with the Senate. the situation with respect to helium’s security. Yesterday, despite the gravity of the value and usage was quite different, I’d like to applaud Chairman HAS- matter, the Tea Party Republicans and there was an expectation that ad- TINGS and Ranking Member MARKEY couldn’t even agree on their own ditional private sources of helium for their work on this bill, and I urge health care bill, which was named the would be developed and then of course my colleagues to support it. Helping Sick Americans Now Act. With enter the market. For a variety of rea- Mr. HOLT. Mr. Chairman, I yield 3 a title like that, I’m helium flab- sons, that has not yet happened on a minutes to the gentleman from Geor- bergasted that they could not pass that sufficient enough scale to ensure a sta- gia (Mr. JOHNSON). bill. ble supply of helium to meet our na- Mr. JOHNSON of Georgia. I thank b 1430 tional demand for this basic element. the gentleman. The Federal Government, through Mr. Chairman, like a kid at a car- Yesterday we spent all day debating the Bureau of Land Management, needs nival, I rise in full support of H.R. 527, that bill, and today after their failure to remain engaged in this market for the Responsible Helium Administra- to pass it, they’ve pretty much decided an additional period of time. The tion and Stewardship Act of 2013. that sick Americans can wait. We need United States reserve is about 40 per- Mr. Chairman, I’m relieved, and I’m laughing gas because of the inability of cent of the worldwide supply of helium. sure that the American people are re- the Republican House to deal with the The many industries and research in- lieved as well, that Congress is finally difficult issues. It’s real sad; we need stitutions that rely on helium cannot going to do something about one of the some laughing gas. The sequestration afford a disruption in its supply. most pressing issues of the day, that is, is delaying flights and harming our The national storage facility is we’ve got to ensure access to helium economy. unique, and there are many character- for all. The CHAIR. The time of the gen- istics of the helium market that are Surely, those harmed by sequestra- tleman has again expired. distinctly different from the markets tion and those harmed by the Repub- Mr. HOLT. I yield an additional 15 of most commodities. These factors are lican failure to appoint budget con- seconds to the gentleman. likely the reasons a more robust pri- ferees appreciate the House spending 2 Mr. JOHNSON of Georgia. With se- vate supply of helium has not yet full legislative days on this most crit- questration delaying flights and harm- emerged to replace our Federal Gov- ical issue. The American people cer- ing our economy, our Nation needs a ernment’s role. H.R. 527 provides addi- tainly understand the fact that 48 little gas. Say what you will, but this tional time to phase down the Federal hours of this House’s precious time was is just the best thing that we can do Government’s role in the helium mar- necessary to pass such a noncontrover- here. So I’d like to float a simple idea: ket and to allow a private market to sial bill. stop wasting our time. Let’s get to the develop. I’m pleased to support this bill, business that is meaningful for Ameri- There is no substitute for helium in which shows that this Tea Party Con- cans. I support this bill. many of its crucial applications. Pas- gress will make the tough choice to Mr. HASTINGS of Washington. Mr. sage of this legislation is critical to keep children’s birthday parties on Chairman, I want to ask my friend maintaining high-wage, high-skilled schedule and give industries that rely from New Jersey, I have at this point jobs in my district, the 20th Congres- on helium the lift that they deserve. no further requests for time. One addi- sional District of New York, through- Imagine, Mr. Chairman, a world with- tional speaker may be coming, but I’m out New York State for that matter, out balloons. How can we make sure prepared to close. and in many other States across our that there is not the injustice of there Mr. HOLT. We have at least one more great country. It is essential that we being no helium for comedians to get speaker, and my closing. work with the Senate to get a law that high-pitched voice that we all Mr. HASTINGS of Washington. I resigned this year to provide certainty to hold near and dear to our hearts? Imag- serve the balance of my time. helium suppliers and users. ine a world without balloons. To date, Mr. HOLT. I yield 3 minutes to the I recognize there are some who are the House has chosen to just simply gentleman from New York (Mr. TONKO) uncomfortable with certain aspects of float above it all. who counts among his constituents this legislation. It is not a perfect bill, Finally, we are going to do some- many who work in technical industries and if the expected development of pri- thing for the American people, and we and laboratories who depend on helium vate supplies of helium does not occur, should all pat ourselves on the back for and understand that although there are we need to revisit this issue in the fu- that. Too often lately, this body has a lot of easy jokes about helium, this is ture. sat deflated, not for a lack of hot air, a serious matter. It is a serious matter For the present, though, this bill of- mind you, but seriously, ladies and that we should move along with fers a reasonable compromise that gentlemen, unlike a noble element, promptly. keeps helium flowing onto the market, this House has failed to act on Ameri- Mr. TONKO. Mr. Chairman, I thank and that is what we need now. I urge cans’ real concerns. Representative HOLT. I want to thank my colleagues to support H.R. 527 and There are serious reasons to support Chairman HASTINGS and Representa- maintain a reliable supply of this vital this bill, and I do look forward to sup- tive MARKEY and Representative HOLT ingredient for the sake of research and porting it. The substance of this bill is and other members of the Natural Re- industry. not the focus of my sarcasm today, Mr. sources Committee for working stead- Mr. HASTINGS of Washington. Mr. Chairman. My point is that America fastly together to bring this important Chairman, I’m pleased to yield 3 min- would be much better off if this Tea bill to the floor. utes to the gentleman from Colorado Party Republican Congress brought to The Federal Helium Reserve was cre- (Mr. LAMBORN), the chairman of the the floor issues that mean the most to ated in 1925, long before today’s many subcommittee dealing with this issue. Americans, like appointing a con- uses of helium were envisioned. Now Mr. LAMBORN. I thank the chair- ference committee to work out a budg- this element has become an essential man of the full committee for allowing et with the Senate. ingredient to our Nation’s research, me to speak. I rise in strong support of The CHAIR. The time of the gen- medical, technology, manufacturing, H.R. 527, the Responsible Helium Ad- tleman has expired. space, and defense activities. Helium is ministration and Stewardship Act.

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.047 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2326 CONGRESSIONAL RECORD — HOUSE April 25, 2013 Our House Natural Resources Com- INFORMATION TECHNOLOGY I yield back the balance of my time. INDUSTRY COUNCIL, mittee passed this bipartisan legisla- b 1440 tion by voice vote, and I encourage my Washington, DC, April 25, 2013. Hon. JOHN BOEHNER, Mr. HASTINGS of Washington. Mr. colleagues in the full House to do the Speaker of the House, House of Representatives, Chairman, I yield myself such time as same. The Responsible Helium Admin- Washington, DC. I may consume. istration and Stewardship Act adds Hon. NANCY PELOSI, Mr. Chairman, as has been pointed Democratic Leader, House of Representatives, free market reforms to the current sys- out on both sides, this is a very impor- tem. The current system allows a small Washington, DC. DEAR SPEAKER BOEHNER AND LEADER tant piece of legislation. Our free econ- number of companies to have access to PELOSI: On behalf of the Information Tech- omy is made up of a lot of different and benefit from the taxpayer resource, nology Industry Council (ITI), I write to ex- parts, and it’s hard—as a matter of which is helium, but it’s a good thing press the importance of H.R. 527, the Respon- fact, it’s impossible—to regulate all of to broaden the base of those who are sible Helium Administration and Steward- those parts. The market does it a ship Act to the high-tech industry. ITI sup- most benefiting from this resource. ports the passage of H.R. 527 and we will con- whole lot better. There is currently some instability sider scoring votes in support of final pas- But in this situation, because of past in the marketplace for American com- sage of the bill in our 113th Congressional actions of Congress, there was a stockpile of Federal helium, and it became panies that are the end users of helium. Voting Guide. Helium is critical to a variety of advanced, more and more valuable; but market These companies employ thousands of high-tech manufacturing processes, as well prices weren’t being got for that avail- Americans, and they rely upon a de- as cutting-edge scientific research. It is irre- able commodity. This issue addresses placeable in many of these processes, as pendable supply of helium for their that until the markets can catch up in business every day. This includes de- there is no known substitute. The Federal Government controls 40% of the world’s he- several years in order to make sure fense companies, medical companies, lium supply, and without Congress enacting there is a supply of helium. manufacturing companies, and a vari- legislation by the end of this fiscal year, the And I’m glad to have worked in a bi- ety of users. Federal Government’s authority to sell he- partisan way with my colleagues on Numerous government reports—from lium to the private sector will expire. Such the Natural Resources Committee. a supply disruption would be catastrophic to We’ll deal with the amendment process the Department of Interior Inspector the private sector entities that require he- General to the Government Account- lium for their manufacturing processes. H.R. tomorrow. That’s why we have a rule. ability Office to the National Academy 527 would prevent such a problematic situa- There are several Members who wanted of Sciences—have all come to the same tion by ensuring the Federal Government to improve, from their point of view, this piece of legislation, and you can’t conclusion: we need to reform the cur- has authority to continue selling helium to the private sector through an auction proc- do that, obviously, on a suspension cal- rent system. ess. endar, as has been suggested. You have The current system allows a select The United States’ information technology to go through the rule process, and we group of companies to buy a critical industry is the strongest in the world, driving economic growth, creating new busi- will do that tomorrow. Federal resource at significantly below nesses, and generating jobs. On behalf of So, in the meantime, Mr. Chairman, I market value to the exclusion of other ITI’s member companies, I thank you for urge adoption of this legislation, and I companies. There are historical rea- bringing this legislation to the floor to pre- yield back the balance of my time. sons how this situation developed, but vent any possible helium supply disruptions, Mr. VAN HOLLEN. Mr. Chair, I rise in sup- we have to look to the future and and urge you and your colleagues to pass port of the Responsible Helium Administration H.R. 527, the Responsible Helium Adminis- and Stewardship Act, a bipartisan bill that will what’s best for the economy moving tration and Stewardship Act. forward. Sincerely, prevent a global helium shortage that could limit high-tech manufacturing and critical sci- As a result, the American people are DEAN C. GARFIELD, entific research. potentially being denied tens or even President and CEO. Mr. HOLT. Mr. Chairman, I appre- Recognizing the value of our helium re- hundreds of millions of dollars of addi- sources, the government established a Fed- tional revenue because this Federal ciate the comments of the gentleman from Colorado, the chair of the Energy eral Helium Reserve in the 1960s. In 1996, taxpayer resource is sometimes being and Mineral Subcommittee. He reiter- Congress enacted legislation to privatize the sold at under-market values. ates the important uses of helium, and Reserve and sell off its supply. Unfortunately, It should be noted that over 20 orga- I would add that any American patient that sale has been conducted at below-market nizations and end-user companies rep- or doctor who uses MRIs, which depend rates even as demand for helium, which is resenting high-tech manufacturers of on helium, or any American who uses critical for hospitals, manufacturing, and re- semiconductors, aerospace tech- modern electronics whose manufacture search, has increased. Moreover, under that nologies, life-saving medical devices, depends on helium, or anyone who de- 1996 law, the Reserve will have to stop oper- chemicals, fiber optic, and scientific pends on so many other things for ations this October, cutting our domestic sup- researchers who require helium as an which helium is essential, should be ply by nearly half and causing a worldwide essential part of their daily business grateful that decades ago farsighted shortage. Today’s legislation creates a new, auction- support this bill. H.R. 527 will ensure legislators created the stockpile to pre- based program for selling helium from the Re- that these industries employing thou- serve helium. We now have before us the need to serve, preventing the shortage and ensuring sands of Americans and vital to the make sure that helium isn’t sold at that taxpayers get fair value for this resource. United States can obtain a reliable and fire-sale prices. We need to make sure It’s a common sense solution to a serious secure source of helium while ensuring that we have a reliable supply for these problem and I urge my colleagues to support American taxpayers that they receive important uses. We need to make sure it. the best possible market value for this that the Interior Department is not Ms. JACKSON LEE. Mr. Chair, I rise today taxpayer resource. forced out of the business prematurely. in support of H.R. 527, the ‘‘Responsible He- H.R. 527 will end the current allot- The Interior Department has expressed lium Administration and Stewardship Act,’’ ment system and add free market com- support for the approach taken by this which will renew the Department of the Inte- ponents to the BLM helium program. legislation. rior’s (DOI) authority to continue operating the This will increase transparency be- Again, I commend and thank the Federal Helium Reserve beyond this fiscal tween companies and the BLM and en- chairman for his bipartisan leadership year. to bring this sensible legislation to the sure that purchasers of helium will I want to thank Chairman HASTINGS and floor. I hope that the other body will Ranking Member MARKEY for their hard work have timely access to the pipeline to act quickly and follow our lead and in shepherding this legislation, which enjoys ensure delivery of the helium that they pass this legislation so we do not expe- strong bipartisan support, to the floor. have purchased. rience supply disruptions and price Mr. Chair, I support H.R. 527 because it is This bill is supported by the ITI, and spikes later this year. I urge passage of an important first step in updating our nation’s I urge your support of this legislation. this bill. helium policy by increasing transparency and

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\K25AP7.049 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2327 fostering competitive helium markets, while However, market fluctuations in recent years for 1 minute and to revise and extend providing a better return for American tax- have often been in excess of 10 percent. Pro- his remarks.) payers. viding the Secretary with greater discretion to Mr. STUTZMAN. Mr. Speaker, Currently, the United States is the largest adjust the minimum price in accordance recent Kermit Gosnell is a real-life Hannibal helium producer in the world. The most recent trends is desirable to ensure that prices track Lecter. Gosnell operated an abortion data from the United States Geological Survey market value as closely as possible. clinic that severed the necks of hun- indicates that at over 20 billion cubic meters, In my view, the bill would be improved if the dreds of babies and stuffed their bodies the total helium reserves and resources of the Secretary’s discretion were enlarged to author- into freezers, plastic bags, and cat-food United States represents roughly 40 percent of ize adjustments to the minimum price by an tins. Soon, a jury in Pennsylvania will the world’s helium supply. amount not to exceed 20 percent. decide his fate. Helium is primarily used in magnetic reso- But taken as a whole, H.R. 527 is a positive Mr. Speaker, the Gosnell case must nance imaging (MRI) devices in hospitals, but step in the right direction. And I want to ex- give us a moment of reflection. Have 40 is also used as a coolant for superconductors, press my appreciation again to Chairman HAS- years of abortion on demand seared our as well as in cryogenics, welding, chroma- TINGS and Ranking Member MARKEY for their national conscience and given us a tography, and various other uses. good work. false refuge behind euphemisms like The Federal Helium Reserve is a strategic Mr. Chair, I urge my colleagues in joining ‘‘choice’’? More than 3,000 unborn children die reserve located at the Cliffside Storage Facility me in voting for H.R. 527, ‘‘Responsible He- lium Administration and Stewardship Act.’’ in abortion clinics every day in this in Potter County, Texas, near the city of Ama- Mr. PAULSEN. Mr. Chair, I rise in support of country. While none of these deaths at- rillo. Created in 1925, its original function was this important legislation which will ensure tract the headlines of the Gosnell case, to ensure supplies of helium to the federal U.S. manufacturers of medical devices, com- each loss is a tragedy. Each of these de- government for defense, research, and med- puter chips, and balloons continue to have re- fenseless babies is just as innocent as ical purposes. liable access to helium. Helium is a critical Gosnell’s victims, just as human as you Through the Helium Privatization Act of element to the manufacturing and operation of and I, and just as precious as our own 1996, the Federal Helium Reserve evolved to these innovative and competitive industries children. serve four purposes: (1) operating and main- and their products. There is no moral distinction be- taining a helium storage reservoir and pipeline The Federal Helium Reserve is scheduled tween killing a baby 5 minutes after system view map; (2) providing crude helium to close this year. If that should happen, a birth or ending her life 5 minutes or gas by contract with private companies; (3) global helium shortage would disrupt business even 5 days before delivery. evaluating the Nation’s helium-bearing gas in these industries and could cause the loss of In the coming weeks, more questions fields; and (4) providing responsible access to thousands of American jobs. will be asked: Who referred patients to federal land for managed recovery and dis- In my home state of Minnesota, a large bal- Gosnell’s house of horrors, and what posal of helium. loon company continues to manufacture their can be learned from these atrocities? While the Interior Department currently has products here in the United States. They de- Today, we all ought to re-examine the authority to continue funding and operating pend on reliable access to helium not only to our national conscience. the Federal Helium Reserve, this authority is stay in business, but also to continue research f set to expire at the end of this fiscal year. and development, innovative engineering, Upon expiration, and absent Congressional manufacturing, and quality control for their bal- THE GOSNELL TRIAL action, our national supply of helium faces se- loon products. (Mr. ROSS asked and was given per- vere turmoil in the form of substantial price in- But a helium shortage would negatively im- mission to address the House for 1 creases and market disruptions for American pact more than just balloon manufacturing. It minute and to revise and extend his re- consumers and businesses. would also harm the high tech and medical marks.) Moreover, the Federal Helium Reserve, device communities as well. Approximately Mr. ROSS. Mr. Speaker, every day, which constitutes a large portion of the global 250,000 Americans are employed in the man- over 3,200 children are aborted in this supply, is instrumental in controlling price. The ufacturing of computer chips using helium. great country, the same country that large quantity of helium in the reserves means These chips are used in GPS, smart phones, is called the land of the free and the that the Interior Department effectively deter- and MRI machines. Helium is also used to home of the brave. This isn’t just unac- mines prices paid for helium around the world. cool the magnets in MRI machines. ceptable; it’s a horrific tragedy. Numerous reports indicate that the Interior We must pass this legislation to prevent And my heart goes out to all women Department may be selling helium at below major shocks to these important industries. I who feel that abortion is the only op- market value, which may have the effect of sti- urge my colleagues in the Senate to act soon tion. God made them special and made fling private investment in new helium sup- to ensure critical access to helium for the their children special too. These chil- plies. As a result, we risk facing a shortage in medical device, IT, and balloon industries and dren aren’t free and will never have the coming years as helium supplies diminish. to protect these American jobs. option to be brave. The CHAIR. All time for general de- Currently, in Philadelphia, Kermit H.R. 527 addresses this problem by bate has expired. Gosnell, an abortion doctor, is on trial transitioning helium sales to a competitive Mr. HASTINGS of Washington. Mr. for multiple counts of murder. One auction system, thus ensuring a steady supply Chairman, I move that the Committee count is for a woman who died during of helium and allowing users to bid on crude do now rise. an abortion at his clinic. helium from the reserve. Consequently, the The motion was agreed to. The horrific findings in Mr. Gosnell’s law of supply and demand would dictate price Accordingly, the Committee rose; clinic serve as just one more dev- rather than having the price controlled by a and the Speaker pro tempore (Mr. astating wake-up call. As a country, we central authority. BRIDENSTINE) having assumed the should work to protect everyone, in- Ideally, I would have liked to see more dis- chair, Mr. YODER, Chair of the Com- cluding women and children. cretion afforded to the Secretary of the Interior mittee of the Whole House on the state When will we be bold enough to enact in this bill, particularly with respect to the min- of the Union, reported that that Com- serious changes? imum price charged for crude helium. mittee, having had under consideration These children are precious and are The bill requires the Secretary to make a the bill (H.R. 527) to amend the Helium truly gifts. We should not use any tax- determination as to the minimum sale price at Act to complete the privatization of payer dollars to fund abortion. And I auctions in accordance with various factors, the Federal helium reserve in a com- also believe that we should prohibit including a confidential survey of domestic he- petitive market fashion that ensures abortions for unborn babies who are lium transactions with the reserve, as well as stability in the helium markets while more than 20 weeks old in-utero, which recent market prices as reflected by auction protecting the interests of American is why I recently cosponsored the Dis- sales. taxpayers, and for other purposes, had trict of Columbia Pain-Capable Unborn Currently under the bill, the Secretary would come to no resolution thereon. Child Protection Act. have the discretion to adjust the minimum f f price by up to 10 percent if the survey is not reflective of the current market value of helium THE GOSNELL TRIAL THE GOSNELL TRIAL or if a higher minimum price may result in (Mr. STUTZMAN asked and was (Mr. SMITH of New Jersey asked and greater conservation of helium. given permission to address the House was given permission to address the

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A25AP7.015 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2328 CONGRESSIONAL RECORD — HOUSE April 25, 2013 House for 1 minute and to revise and women and war on children is occur- tions at a Pennsylvania clinic. Former extend his remarks.) ring. employees have testified that he deliv- Mr. SMITH of New Jersey. Mr. f ered babies and then killed them by Speaker, the Jeffrey Dahmer-like mur- snipping their spinal cords with scis- der trial of an abortionist named THE GOSNELL TRIAL sors. One staffer described this proce- Kermit Gosnell is replete with shock- (Mr. FORTENBERRY asked and was dure as ‘‘literally a beheading.’’ ing testimony of beheadings, given permission to address the House Mr. Speaker, life is precious; there- unfathomable abuse, spinal cord for 1 minute and to revise and extend fore, every abortion is a tragedy. But snippings, death, and body parts in his remarks.) this case exposes the full horror of jars. Mr. FORTENBERRY. Mr. Speaker, abortion carried to its logical end. As But how different, really, is Gosnell’s sometimes it’s just so bad that we columnist Kirsten Powers recently ‘‘house of horrors’’ from the abortions don’t even want to look at it. Some- wrote, the difference between late-term that occur in clinics around the coun- times it’s just so awful we want to turn abortion in the womb and the murder try every single day? Not much. Not our face away. But we can’t. of a newborn infant is simply ‘‘merely much at all. Shayquana Abrams was a 17-year-old a matter of geography.’’ Mr. Speaker, will Americans ever be when she went to see a doctor named In response to a nearly total lack of told the horrifying details as to how Gosnell. He performed an abortion on coverage by mainstream media, myself and how often abortionists dismember, her. Afterwards, she was diagnosed and many Members who stand today decapitate, and chemically poison in- with a grapefruit-sized abscess and a here, including MARSHA BLACKBURN, nocent babies? clot near her heart. It took her 2 years STEVE SCALISE, and a whole cadre of Last week, reporter Timothy Carney to recover. She was just a child, Mr. folks that are speaking today, wrote to asked participants in a call hosted by Speaker. the heads of the major TV networks de- the pro-abortion group RH Reality This Dr. Gosnell waged his own pri- manding that they cover this and other Check: vate war on women. And for what? For high-profile abortion controversies. Thankfully, this case has begun to What is the distinction between what profit. receive the attention it deserves, and Gosnell did and what a late-term abortionist Now, thankfully, he’s on trial; and, like Leroy Carhart does? Americans are discovering that this is thankfully, more and more people are not about pro-choice versus pro-life, Professor Tracy Weitz responded: learning about this. but about basic human rights. When a procedure that usually involves Maybe, Mr. Speaker, we just don’t collapsing the skull is done, it is usually want to look because it is so awful. f done when the fetus is still in the uterus, not Maybe it’s challenging our very prem- WORKFORCE DEVELOPMENT when the fetus has been delivered. ises, our very understanding of what INVESTMENT ACT That’s it? It’s just a matter of where, this choice for abortion really leads to. (Ms. KUSTER asked and was given in the womb or not, that this violence But we have to look, and we have to permission to address the House for 1 against children is construed to be recognize how deeply we are inflicting minute and to revise and extend her re- okay? wounds upon our very selves. marks.) Where is the outrage over 55 million Mr. Speaker, women deserve better. Ms. KUSTER. This week, I am intro- children victims who have been killed Our Nation can do better. Why not help ducing commonsense legislation to en- by abortion, and where is the appalling young women like Shayquana and let courage public and private partner- lack of compassion? the healing begin? ships to help meet the needs of New Why the empathy deficit for the vic- f Hampshire students and businesses. tims, women and children, especially The Workforce Development Invest- by our President, President Barack b 1450 ment Act would give tax incentives to Obama? THE GOSNELL TRIAL firms that partner with educators to Women and children deserve better. (Mr. ROTHFUS asked and was given improve workforce development and f permission to address the House for 1 job training for students. Training a highly skilled, 21st cen- THE GOSNELL TRIAL minute and to revise and extend his re- tury workforce is critical for growing marks.) (Mr. HUELSKAMP asked and was our economy, creating jobs, and Mr. ROTHFUS. Mr. Speaker, I join given permission to address the House strengthening the middle class. When my colleagues to continue to shine the for 1 minute and to revise and extend we invest in our workforce, more em- light on the human rights abuses that his remarks.) ployers will invest in the United are the subject of the Kermit Gosnell Mr. HUELSKAMP. Mr. Speaker, States; and in the Granite State, our trial in Philadelphia. there’s been a lot of talk in recent students will be more competitive in Dr. Gosnell’s practice included a pro- months about a ‘‘war on women,’’ but the job market, and our businesses will cedure he called ‘‘snipping.’’ This ap- those using the term to attack pro-life be more successful in the global econ- palling procedure ended the lives of supporters should look a little closer to omy. home for the real war on women. some of the youngest members of the Right now, there are companies like Abortion proponents would like us to human family. WH Bagshaw in Nashua, New Hamp- believe that the atrocities being dis- A culture of life needs to reject the shire, that are looking to hire but cussed at the murder trial of Philadel- philosophy that gives rise to such hor- struggling to find workers with the phia abortion provider Gosnell are nei- ror, and no organization that would right skills for the job. My bill would ther standard nor acceptable practice support the ending of such young lives help close this skills gap by providing in the abortion industry. But evidence should receive one dime of Federal incentives for businesses to team up indicates otherwise. funding. with educators to teach our students The so-called Aid For Women abor- f the skills they need to compete and tion clinic in Kansas City has also been THE GOSNELL TRIAL succeed. the subject of several investigations This is a commonsense proposal, and into the care provided to women and (Mr. ROKITA asked and was given I urge your support. the cleanliness of the facility with re- permission to address the House for 1 f ports very similar to those coming out minute and to revise and extend his re- of the Gosnell trial. marks.) THE GOSNELL TRIAL And with abortion providers all up Mr. ROKITA. Mr. Speaker, I rise to (Mrs. BACHMANN asked and was and down the east coast referring pa- highlight the deeply disturbing case of given permission to address the House tients to Gosnell’s clinic, I find it hard Dr. Kermit Gosnell, who is currently for 1 minute and to revise and extend to believe that no one knew of the con- charged with four counts of first-degree her remarks.) ditions, the wretched conditions at this murder and one count of third-degree Mrs. BACHMANN. Mr. Speaker, it’s clinic. That is where the real war on murder related to the botched abor- difficult for me to even speak about

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.053 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2329 this subject today. I’m a woman who’s Mr. BENTIVOLIO. I am glad our b 1500 been privileged to give birth to 5 chil- country is having a conversation about THE GOSNELL TRIAL dren, and I’ve also taken 23 children gun violence. It’s about the children, into my home as foster children. It’s we say. I am glad our country is dis- (Mr. SCALISE asked and was given very hard for me to imagine, Mr. cussing immigration reform. It’s about permission to address the House for 1 Speaker, that a doctor in this country, the children, we say. I am glad we are minute.) a doctor who took an oath to do no finally having a conversation about our Mr. SCALISE. Mr. Speaker, I rise to harm, would, in fact, kill a woman at trillion-dollar deficit. It’s about the raise awareness about the trial that’s his abortion clinic and he would sever children, we say. Every day, this going on in Philadelphia. the heads of four babies that were born Chamber debates and votes on legisla- Dr. Kermit Gosnell is on trial right alive—and potentially others—and tion, all in the name of the children, now for the murder of at least four ba- commit one gruesome act after an- we say. bies who were born alive as a result of other. Well, Baby A was a child. He had 10 a botched abortion, as well as a mother Shamelessly, the mainstream media fingers and 10 toes and he moved. He who was murdered during the process has all but gone silent and failed to moved before those scissors were of an abortion at the hands of Dr. cover this horrific violence against jabbed in the back of his head and he Gosnell. women. moved in reaction to the pain he felt. Now, just a few days ago, more than 70 Members of Congress sent a letter to No one, Democrat or Republican, be- Baby B had 10 fingers and 10 toes. He the heads of the three major networks lieves in violence against women. We kicked in his mother’s womb. His asking why they’re not giving fair cov- abhor it. But there’s nothing that even mother was a child herself—scared, erage to this trial. I think we all recog- comes close to what’s happened in this frightened, looking for an adult to help nize if Dr. Gosnell used an AK–47 in- abortion clinic in Pennsylvania. The her. stead of a scalpel, the media coverage officials in Pennsylvania and the State Dr. Gosnell, his staff, the health de- Department of Health, unfortunately— would rival a natural disaster. Yet partment, and even national pro-choice barely a peep comes from the main- it appears, willfully—ignored this hei- organizations were in no way con- nous crime. It also appears that this stream media because it happened to cerned with these women, their health be an abortion doctor who was actually has been ignored now across our Na- or well-being. Instead, these entities tion. performing abortions. either turned a blind eye or they were This is one of those untold stories in Well, we won’t ignore it. And I thank more devoted to a political ideology God for the men who stood up here our country that we all need to stand rather than the sounds of babies up for, Mr. Speaker. That’s why we’re today to stand for women and against drowning in toilets. violence against women. I lend my here today. We’re going to continue to voice and my support to that effort as stand up for the lives of the unborn and f well. for their rights. f f THE GOSNELL TRIAL VA CLAIMS, OPERATIONS, AND THE GOSNELL TRIAL RECORDS EFFICIENCY ACT (Mr. LANKFORD asked and was given permission to address the House (Mr. GOSAR asked and was given (Mrs. KIRKPATRICK asked and was for 1 minute and to revise and extend permission to address the House for 1 given permission to address the House his remarks.) minute.) Mr. GOSAR. Mr. Speaker, today, I for 1 minute and to revise and extend Mr. LANKFORD. In Philadelphia, an join my colleagues to express my dis- her remarks.) abortion clinic murder trial is about to gust and anger at the barbaric actions Mrs. KIRKPATRICK. Mr. Speaker, go to the jury next week for the death of Dr. Kermit Gosnell. today, I introduced a bipartisan piece of four children and one adult. The one The facts of this case are gut-wrench- of legislation to help tackle the sub- adult was killed by an overdose of ing. As a father, a Catholic, and a stantial backlog of veterans’ claims. drugs that she was given during the health care provider, I believe in pro- My bill is called the VA Claims, Oper- abortion procedure. The four children tecting the unborn. ations, and Records Efficiency Act, or represent many children that were de- This case isn’t only about upholding CORE. It directs the Department of De- livered completely, and then their spi- the sanctity of life, but it is also about fense to enact an efficient electronic nal cord was cut while they were outpatient care and safety. Further, it transfer of veterans’ records instead of side the womb. the outdated paperwork process that is shows many in the mainstream media The defense has said those children currently being used. will turn a blind eye to the murder of would have died anyway. They were The average veteran waits more than infants if it suits their political agen- small. The drugs they had been given 250 days for a decision on a claim. da. would have killed them already in the About 175 days of that time is the VA Regardless of one’s abortion position, surgical destruction that happened waiting for the DOD to send the com- no one can defend Gosnell’s practices, during the actual abortion procedure. plete records. In Arizona’s District yet his criminal case proceeds without So those children don’t matter. They One, one of my veterans’ caseworkers the national outcry for justice that we shouldn’t count as a murder. They is helping several vets who waited have heard on other murder cases. Do wouldn’t have lived anyway. more than 2 years. This wait time is we value the lives of infants or the simply unacceptable. Federal agencies I’m going to ask two questions. One health care of mothers who endured must leave paperwork in the past and is: What is the difference of 3 feet be- such horrific medical care? adopt an efficient electronic approach. tween delivering a child and snapping The lack of oversight allowing Dr. I thank my colleague, Chairman their spinal cord or killing them in the Gosnell to operate under horrific condi- COFFMAN, for cosponsoring this bill. womb? And the second is: Why would tions, perform late-term abortions and Helping our veterans isn’t a partisan we do this to children in the first murder babies should be scrutinized in issue; it’s a national responsibility. place? the same manner as other serial kill- Let’s end the backlog so we can keep I’d love for you to meet Olivia. She ers. My hope is our actions today shed the promises we’ve made to our vet- goes to high school with my daughter. light on this case and start a conversa- erans. She was born in 1996 at 1 pound, 2 tion to be sure that this never happens ounces, just over 20 weeks at delivery, f again. the very same as these children that f THE GOSNELL TRIAL were killed that day and many days in (Mr. BENTIVOLIO asked and was that Philadelphia abortion clinic. THE GOSNELL TRIAL given permission to address the House We have got to stand for life. We can- (Mr. WALBERG asked and was given for 1 minute and to revise and extend not be a Nation that does this to our permission to address the House for 1 his remarks.) children. minute.)

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.055 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2330 CONGRESSIONAL RECORD — HOUSE April 25, 2013 Mr. WALBERG. Mr. Speaker, I rise THE GOSNELL TRIAL State governments. And I’ve worked at with my colleagues today to ask why (Mr. PERRY asked and was given a State higher ed institution. That’s the media has not reported on this permission to address the House for 1 what public institutions are supposed atrocity that’s been going on related to minute and to revise and extend his re- to do. They are supposed to serve, and Dr. Gosnell. I rise as a Member of Con- marks.) they are supposed to serve citizens. gress, but also a minister. Mr. PERRY. Mr. Speaker, I stand Many of us travel by air frequently, I read an article just recently on this here again today to speak for the un- and we’re grateful with the relative very issue that really brought to my derprivileged women and children who ease which air travel allows us to visit, attention what the problem is, why the suffered under the horrible acts of Dr. whether it’s distant loved ones or trav- media won’t report. The article, talk- Gosnell. And again, as a father of two el to conduct business. ing about Dr. Gosnell, said: little girls, just like President Obama, Government is vitally important in He regularly and illegally delivered live, I challenge President Obama to lead in the service to citizens in air travel. But viable babies in the third trimester of preg- this unspeakable case. It’s time for the once again, the Federal Aviation Ad- nancy—and then murdered these newborns President to finally acknowledge these ministration is finding it more impor- by severing their spinal cords with scissors. tant to play politics with air travel and He overdosed his patients with dangerous acts. drugs, spread venereal disease among them Mr. President, your silence on this air service than to serve the citizens, with infected instruments, perforated their issue is deafening. It’s deafening, isn’t which is what government is supposed wombs and bowels—and, on at least two oc- it? When will you stand up and say to do. casions, caused their deaths. that we must protect these women and The FAA has decided to implement Over the years, many people came to children and ensure their safety? These President Obama’s sequester by fur- know that something was going on acts are reprehensible and require your loughing employees, like their air traf- here. But then, Mr. Speaker, it ends by leadership without delay. fic controllers—vitally important to saying, ‘‘But no one put a stop to it.’’ The SPEAKER pro tempore. Mem- the service and safety of our country— Until we stand as citizens of the bers are reminded to address their re- and causing delays in up to 40 percent United States, until ministers in the marks to the Chair. of U.S. flights. pulpit stand and speak for life itself, This isn’t the only way the FAA f God-given, until we return to our could save money. There are many foundational principles, the media, our FAA FLIGHT DELAYS other ways the FAA could save money, and they were provided the flexibility Presidents, no one else will listen to (Mr. RICE of South Carolina asked to save that money. But instead, in the cries of these innocents. Mr. Speak- and was given permission to address 2010 alone, the FAA spent $8 million on er, it is time for America to stand in the House for 1 minute and to revise employee conferences. There are many their defense. and extend his remarks.) ways they are not serving us. f Mr. RICE of South Carolina. I rise to THE GOSNELL TRIAL speak about an entirely different topic f today. And my topic pales in compari- (Mr. ROE of Tennessee asked and was b 1510 son to the death of children at the given permission to address the House hands of this awful clinic, so please ex- FAA FLIGHT DELAYS for 1 minute.) Mr. ROE of Tennessee. Mr. Speaker, I cuse me for the diversion. (Mr. MICA asked and was given per- stand today to express my horror at What I rise to speak about today is mission to address the House for 1 the accusations made in the trial of the sequester and the effects on the minute and to revise and extend his re- Kermit Gosnell, an abortionist in Federal Aviation Administration. You marks.) Pennsylvania. If these charges are see, in my State of South Carolina, our Mr. MICA. Mr. Speaker, FAA fur- true, they’re horrific. budget is actually less than it was 5 loughs of air traffic controllers and Let me speak from my heart. I am an years ago. Whereas, in the last 5 years, threats to delay flights represent an OB/GYN physician who has delivered the Federal budget has risen by 29 per- absolutely colossal failure of this ad- almost 5,000 babies. In my heart of cent. In a time when hardworking ministration. The FAA and the Obama hearts, I cannot imagine what must Americans are tightening their belts, administration knew about sequestra- have gone on in the guise of health when State and local governments are tion. In fact, the FAA knows, and this care in that abortionist clinic. It is tightening their belts, the Federal chart shows that, in fact, air traffic is physically nauseating for me to think budget is up 29 percent. We run record down some 27 percent in the last dec- about what this doctor did. deficit after record deficit. Yet with se- ade. Life is a precious miracle, and the quester, we’re seeking a 2.4 percent FAA failed to make reductions where children who lost their lives in Phila- cut—after a 29 percent rise in the last air traffic has actually been reduced. delphia were blessed with this miracle 5 years, 2.4 percent. The FAA knows which airports they only to have it so cruelly ripped away My State has cut its budget with can reduce their workforce. We’ve got a from them. Regardless of whether one minimal disruption because the Gov- report here that outlines in detail is pro-life or pro-abortion, we should ernor and the legislature have worked where we have more air traffic control- all agree that these children deserved a together to do exactly that, minimize lers than we need. chance at life. disruption. This administration, on the The Obama administration is poking This country carries a responsibility other hand, is making every effort to Congress and the American people, the and duty to protect those who do not make this 2.4 percent cut as painful as flying public, in the eye. There’s no have a voice, including the unborn chil- they possibly can. reason for this mess. I will tell you dren of America that represent our f this: if Ronald Reagan were President, greatest silent minority. They’re the this whole fiasco would have been over FAA FLIGHT DELAYS most innocent among us and deserve Monday morning. the protections we afford to all other (Mrs. BROOKS of Indiana asked and f people in this great country. was given permission to address the FAA FLIGHT DELAYS One of government’s most important House for 1 minute and to revise and duties is to protect the most vulner- extend her remarks.) (Ms. FOXX asked and was given per- able among us. I pledge to continue to Mrs. BROOKS of Indiana. Having mission to address the House for 1 remember and to strive toward this. served in the city of Indianapolis city minute.) If found guilty, I expect the full government, as well as working for the Ms. FOXX. Mr. Speaker, these FAA weight of the law to be used to punish Federal Government as a United States flight delays have been in effect for the accused. Attorney and serving my citizens, less than a week and already the Amer- I simply will finish by saying, as a re- that’s what I thought Federal Govern- ican people are suffering. FAA’s finan- minder to all of us, what a precious gift ment, city governments, and local gov- cial mismanagement is now costing of life our children are. ernments were supposed to do—and Americans time and money, and yet

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.056 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2331 the administration has done nothing to Staff shortages as a result of these Ms. LEE of California. Mr. Speaker, reverse it. furloughs led to more than 2,250 flight first, let me just say I’m very pleased At a time when families are traveling delays in the first 2 days alone, great- to anchor this Congressional Progres- to see their kids graduate from college, ly—greatly—inconveniencing the sive Caucus Special Order on Iraq with fly across the country to take care of schedules of many people trying to my colleague from California, Con- their elderly parents, and make busi- travel across our country. These delays gresswoman MAXINE WATERS. ness trips to help support their fami- are all unnecessary. Let me also take a moment to thank lies, these delays are inexcusable. There are $2.7 billion in nonpersonnel Congresswoman WATERS, who is the That’s why House Republicans voted operational costs that the House founder of the Out of Iraq Caucus. Con- twice to replace President Obama’s se- Transportation Committee has identi- gresswoman WATERS had the vision and quester with reasonable and respon- fied and which could be examined be- the determination to pull together sible spending cuts—because we wanted fore furloughs that ultimately hurt the Members of the House who really need- to prevent things like this from hap- American people. The FAA and this ad- ed some space, who needed to be able to pening. ministration have decided to inconven- provide legislative strategies and to So I encourage all of you when you ience the American traveler instead of beat the drum to end this war in Iraq. travel home this week to talk to people using its flexibility within the agency The country owes Congresswoman in your hometown airports, take pic- to enact these cuts in a responsible WATERS a debt of gratitude, and we tures and engage the people you meet manner. thank you very much for that. about what they’re experiencing and When air traffic controllers are being I also want to acknowledge Congress- then tweet those stories using the furloughed, yet workers helping imple- woman Lynn Woolsey, who retired hashtag: #ObamaFlightDelays. And, ment ObamaCare have been unaffected, from Congress at the end of last year, above all, please join me in encour- it becomes clear on where this adminis- but who loomed so large during this aging the administration to stop play- tration’s priorities are. Special Order, given her incredible I am very concerned with Democrats ing politics with the American people. leadership in working to end the war in using this latest example of a manufac- f Iraq and to bring our troops home. She tured crisis to cut workers, not waste. FAA FLIGHT DELAYS is and remains our sister in arms when f (Mr. RODNEY DAVIS of Illinois it comes to working for global peace asked and was given permission to ad- FAA FLIGHT DELAYS and security for our children, all of our dress the House for 1 minute and to re- (Mr. LAMALFA asked and was given collective work. vise and extend his remarks.) permission to address the House for 1 It was no wonder that many observ- Mr. RODNEY DAVIS of Illinois. Mr. minute.) ers called Congresswomen WATERS, Speaker, this week, the Chicago Trib- Mr. LAMALFA Mr. Speaker, we live Woolsey, and myself ‘‘The Triad,’’ but une published an editorial that stated in a representative Republic, and so it was actually Congresswoman Wool- what many of us have known for the people expect us at our different sey who coined this term in our forma- months: the administration is playing levels of government to go to Wash- tion. political games by attempting to make ington, go to your local State capitols b 1520 the sequestration as painful as possible and get the job done and do it right. We We are here today to reflect back on on Americans, especially traveling appoint people to get these jobs done the 10-year anniversary of the start of Americans. for us that you expect, whether the The FAA furloughs announced this President does the appointments or the unnecessary, immoral, and costly week, they’re not just wrong, they’re somehow the House and the Senate ap- war and to remember and pay tribute irresponsible. The bottom line is the prove them. And yet Washington, D.C., to the sacrifices of our troops, those FAA has the flexibility to find money has fallen down on the job; this admin- who lost their lives, the injured, their and minimize the impact to the trav- istration has fallen down on the job on families, and their loved ones, many of eling public. Even more concerning is this issue of FAA and air traffic con- whom are still grappling with the scars that the FAA has chosen not to imple- trollers and delays that can affect real and the impact of the war. We are also ment the furloughs in a way that could American people. here to reflect on the costs of this war protect the most critical air traffic It’s really shameful that we are main blood and treasure. On the costs of control operations and facilities. They nipulated in such a way, because what this war: $800 billion, 4,486 soldiers, an are indiscriminately furloughing ev- we’ve seen in recent years, actually untold number of Iraqi civilians, count- eryone in the FAA. since 1996, the budget for FAA has in- less refugees, and also on the lost op- Air traffic controllers are being fur- creased 110 percent. And now in this portunity costs of this war to our coun- loughed at the same rate as non- fiscal crisis, this country has seen try. controllers, and furloughs are being ap- where everybody is having to cut back, Instead of spending $800 billion on plied at the same rate regardless of the whether personally in our own lives or Iraq, we could have created jobs, re- airport size. Waterloo in Iowa is not in government, that we’re finding ways built our crumbling infrastructure or Chicago O’Hare. The FAA needs to to try and trim the cost of doing busi- invested in our schools to provide manage better, and they need to do it ness of government a little bit. every child with a 21st century edu- now. A 4 percent cut in FAA resulting in cation. Sadly, this list goes on and on. There is still time for the adminis- 40 percent of our flights being delayed, It is especially painful when we under- tration and the FAA to reverse course that’s an outrage. It should be an out- stand that this war never should have on these decisions and start making rage to every individual that we’re happened in the first place. It was a the right decision instead of trying to being manipulated this way at a time, war of choice. It was unnecessary; it simply score political points by play- with a $16-plus trillion deficit, we can’t was immoral; and it was wrong. ing the political game of chicken. get this right. Over 10 years now in the run-up to the war, there were those of us in Con- f So, missed connections, we’re hurting the American public with these gress and millions of people in the FAA FLIGHT DELAYS delays. We’ve got to do better. I ask antiwar movement who fought the (Mrs. WAGNER asked and was given the administration to do better. launch of this war. We had questions permission to address the House for 1 f about weapons of mass destruction minute.) claims. We pushed for hearings; we Mrs. WAGNER. Mr. Speaker, we have CPC HOUR: IRAQ called for a full debate; and we called seen these political games played be- The SPEAKER pro tempore. Under to halt the rush to war. fore with sequestration, and the Amer- the Speaker’s announced policy of Jan- In October 2002, the Bush administra- ican people have responded unfavor- uary 3, 2013, the gentlewoman from tion pushed for invading Iraq. During ably every time. This decision to fur- California (Ms. LEE) is recognized for 60 that time, I was on the Foreign Affairs lough air traffic controllers by the minutes as the designee of the minor- Committee. I proposed an amendment, FAA is no different. ity leader. which the Rules Committee made in

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.058 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2332 CONGRESSIONAL RECORD — HOUSE April 25, 2013 order. We brought that amendment to I recall clearly the efforts of Con- this Congress and to increase attention the floor, which would have required gresswoman Woolsey, who offered the on this very issue. I will never forget the United Nations to continue with very first sense of Congress resolution the over 441 speeches that were made weapons inspections. At that time, I calling for an end to the war and to on the floor by our friend Congress- stated on this House floor that bring our troops home. From what I re- woman Woolsey. She is not here today unilateralism is really not the answer. member, she received approximately because she has retired, but we will al- If Iraqi weapons of mass destruction 132, 133 votes for that resolution, but ways remember the care and concern are a problem to the world community, that was another defining moment; that she gave to this issue. yes, we must confront it. We must do There was a resolution that I offered On March 19, 2003, the brave men and so through the United Nations, and we very early on to repeal the doctrine of women of our Armed Forces were or- must determine whether or not there preemption—that’s preemptive war. In dered into service in Iraq. In the fol- are weapons of mass destruction in other words, let’s start a war to pre- lowing years, nearly 4,500 of those serv- Iraq. There were 72 of my colleagues vent a future war, which the President icemembers did not return home to the who voted in favor of this amendment, claimed in waging the war in Iraq; United States, and tens of thousands which would have led us to the same There was the McGovern amendment, would come back wounded, injured— conclusion that so many soldiers lost led by Congressman MCGOVERN, who their lives changed forever. their lives and limbs to reach—that led on the effort to bring a responsible I voted against the war authorization there were no weapons of mass destruc- end to the war by calling for a time- in the first place, and in hindsight, I tion in Iraq. We all know the tragedy table; know there are many Members who that followed. Then, of course, my annual Lee also wish they had voted against it. It The Bush administration launched amendment: to limit the funding for was in that spirit that the Out of Iraq its war of choice, claimed its ‘‘mission the safe, timely, and orderly with- Caucus was established: to bring to the accomplished,’’ and chose to send pal- drawal of our troops. What this Lee House of Representatives an ongoing lets of shrink-wrapped cash and more amendment was trying to accomplish debate about the war in Iraq and to of our brave young men and women to was to stop the funding and to end urge the return of U.S. servicemembers fight on and on—despite the fact that combat operations but to protect our to their families as soon as possible. there was no real military solution to troops and contractors and bring them The Out of Iraq Caucus provided a real the quagmire that the Bush adminis- home. voice in Congress for the individuals tration created. One of my amendments, the Lee It is important to remember that and groups who supported these efforts. amendment, eventually was signed into this war did not go unchallenged, that We had a membership of nearly 80 law, which was to prohibit permanent there was a tremendous groundswell of Representatives from diverse constitu- bases in Iraq. Now that is and was and opposition and that that was critical in encies. As a caucus, we kept in close continues to be the law of the land. demanding its end and in helping to communication with congressional There were so many other efforts led bring it to a close, finally, under Presi- leadership and with committee chair- by members of the Out of Iraq Caucus— dent Obama. In Congress, this opposi- men to drive Congress toward our ob- from amendments, to resolutions, to tion was centered around the Out of jective of ending the war in Iraq. We letters, and to floor actions. Iraq Caucus, which Congresswoman also worked with other congressional I want to yield now to my colleague WATERS, whom I mentioned earlier, caucuses and national organizations to from California and just, once again, founded, and Congresswoman Woolsey hold hearings, press conferences, and thank her for her tremendous leader- and I helped cofound. This was in 2005. town hall meetings to educate the ship in case she has to leave early be- Together, we held ad hoc hearings that American people and to pressure the fore this hour ends. the Republican congressional leader- Bush administration to conclude the Ms. WATERS. I would like to take a ship refused to hold or participate in. war in Iraq. moment to express my sincere grati- We held press conferences, wrote op- tude and appreciation for Congress- b 1530 eds, and took the floor to sound the woman BARBARA LEE. At the time, our most important leg- alarm. Here I need to acknowledge, as I I want to thank her for having the vi- islative goal was to end the Iraq war sion to organize today’s activities and and bring our troops home to their know Congresswoman WATERS will— because I know this is a very impor- to say to me and to our other friend families. Our work helped define the tant benchmark to acknowledge—that Lynn Woolsey: let us not let this mo- national debate on how this could be Congresswoman Woolsey on this point ment pass without reminding this accomplished. delivered 441 floor speeches over the country that it was 10 years ago that We again organized community ral- last decade to call for the war’s end. we were involved in the invasion of lies against a war, we marched in pa- We worked with our grassroots allies, Iraq. Let us talk about the con- rades, we held press conferences, we like MoveOn, Win Without War, Pro- sequences of that, and let us do every- worked with the mothers of many of gressive Democrats of America, the thing that we can to continue to be a our young men and women who were in Friends Committee on National Legis- voice for peace. the war, who were serving in the war, lation, United for Peace and Justice, I want to thank you, BARBARA LEE, and we worked with many of the vet- Peace Action, and with great leaders not only for today, but I am reminded erans organizations. like Tom Hayden and others, to help of the courageous action that you took I, too, offered a series of legislation build a movement to bring our troops when you warned us, when there was to buttress our opposition that our home. legislation authorizing the use of mili- troops must be safely and speedily re- I recall vividly when we marched tary force, that we should have all been deployed from Iraq and that we must here in Washington, D.C., past the against it. However, you were the lone work to restore peace in Iraq. White House, with hundreds of thou- vote in the House of Representatives I introduced bills such as H.R. 3134, sands of protesters in opposition to the who voted against that authorization. Responsible Security in Iraq Act; H.R. war. These marches and rallies and ac- So I thank you for your work, for your 5488, Iraqi Displacement Coordinator; tions happened all across this country. guidance, and for your leadership. H.R. 7215, Human Costs in Iraq Act; H. I have to say, in northern California You are absolutely correct. In June Res. 1326, Honor Iraq’s Sovereignty; and especially in the East Bay and in of 2005, I became the chair and a found- and, of course, H. Res. 1519, Press Free- San Francisco—the entire Bay Area of ing member of the Out of Iraq Congres- dom in Iraq. California—they were really at the sional Caucus, along with you, Rep- On the 1-year anniversary of the forefront of this effort. Of course we resentative BARBARA LEE, and, of founding of the Out of Iraq Caucus, I worked the legislative process as hard course, our friend Representative Lynn launched a campaign to inform the as we possibly could. There were many Woolsey. As a matter of fact, we be- public about H.J. Res. 73. Ms. LEE, you members of the Out of Iraq Caucus who came known as ‘‘The Triad.’’ I want will remember John Murtha, the led important legislative efforts to end you to know that a combination of ac- former Member of this House who is the war: tions that we took helped to galvanize now deceased who introduced H.J. Res.

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.060 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2333 73, now known as The Murtha Plan, thank you for having always been iden- courses at a magnet school during the which established a reasonable time- tified as a woman of peace, a woman day and at Los Angeles Community table for the redeployment of our who understood and believed and College at night. troops from Iraq. We all worked with worked for peace and who has always His husband, Michael, came to the him on that legislation, and we honor believed that whatever our differences United States from Malaysia on a stu- him even today for his wisdom and his are in the world, that we must find dent visa in 2005, and since then has foresight. ways to have the kind of diplomacy been the perfect example of the kind of I want to do just one thing before I that can resolve these differences. immigrant we want to keep here. He have to leave, and that is read a letter Some people think that this is not has earned a master’s degree in nursing to President Bush that we all sent possible, but I know that those of us and is currently working on a doc- funding only for redeployment of who believe this will continue to fight torate in the same field. troops, if you recall. By the following and to work for peace on Earth and Michael and Brian have shared their year in 2007, we as a caucus delivered a goodwill toward all men and women. lives for almost 10 years and cannot letter to President Bush signed by 92 Ms. LEE of California. Congress- even travel internationally to see Mi- Members of Congress, which stated our woman WATERS, thank you so much for chael’s family because of the visa re- intent to only support war funding for that very eloquent and profound state- strictions placed on them. the safe and orderly redeployment of ment and for your kind remarks. Let What’s going to happen to Michael our U.S. troops from Iraq. me just say to you also that you have when he completes his education? Are In the letter, we cited the tremen- been a woman who has always believed we really going to break up this fam- dous human and financial costs of the that peace is possible and peace is pa- ily? Are we really going to send a well- President’s failed Iraq policy. And be- triotic. So I just want to thank you for trained medical professional back? cause of you, BARBARA LEE, I’d like to your leadership, for being here with us, The debate on reforming our immi- share this letter because you were in and just say how proud we are that you gration system is not over. I plan on the leadership of this. It said: are our Financial Services ranking working with Members of Congress Dear Mr. President: We are writing to in- member also. Thank you. from both sides of the aisle, from both form you that we will only support appro- Let me take a moment now to yield Houses, to ensure that binational priating additional funds for U.S. military to the gentleman from California, Con- LGBT families are given the same op- operations in Iraq during fiscal year 2008 and gressman MARK TAKANO, who has been portunities as everyone else. beyond for the protection and safe redeploy- way out there in terms of opposing this b 1540 ment of all our troops out of Iraq before you war from day one. leave office. Thank you again for being here. Ms. LEE of California. Let me go More than 3,600 of our brave soldiers have back now to the 10th anniversary of died in Iraq. More than 26,000 have been seri- IMMIGRATION REFORM Mr. TAKANO. I want to thank the this unfortunate war, Mr. Speaker. ously wounded. Hundreds of thousands of I’m going to introduce now into the Iraqis have been killed or injured in the hos- gentlelady from California for yielding tilities and more than 4 million have been me some time. RECORD tonight a timeline of some of displaced from their homes. Furthermore, I’m going to switch subjects a little what we have talked about tonight be- this conflict has degenerated into a sectarian as I want to rise today to express my cause they should be remembered and civil war; and U.S. taxpayers have paid more support for the immigration proposal because these efforts and the efforts of than $500 billion, despite assurances that released last week by the bipartisan the movement that ended this war fi- you, your key advisers gave our Nation at nally did make a difference, although the time you ordered the invasion in March group of Senators called the Gang of Eight. obviously not as quickly as we wanted; 2003 that this military intervention would but we did make a difference together. cost far less and would be paid from Iraq oil While this bill is not perfect and I revenues. have serious doubts about several pro- After years of speaking out and as visions in it, it shows that both sides of the toll of the Iraq war stretched the Remember that? patience of the American people, public We agree with a clear and growing major- the aisle can work together on issues facing our Nation, that Democrats and opinion started turning. People began ity of the American people who are opposed asking what were we doing in Iraq. Iraq to continued, open-ended U.S. military oper- Republicans can work together. ations in Iraq, and we believe it is unwise I am pleased that the proposal pro- had no weapons of mass destruction, as and unacceptable for you to continue to uni- vides a pathway to citizenship, a fast the Bush administration told us. Iraq laterally impose the staggering costs and the track for DREAMers, an increase in had not been involved in the 9/11 at- soaring debt on Americans currently and for the number of high-skilled worker tacks, as suggested by the Bush admin- generations to come. visas and an opportunity for immi- istration. Sincerely. grants, who have been deported on non- Then-Secretary of State Colin Powell And it was signed by all 93 Members criminal grounds, to apply for readmit- made a presentation at the United Na- at that time. tance if they have a spouse or children tions that was greatly misleading, Our efforts gained momentum; and in the United States. stating that Iraq possessed extremely by late 2008, President Bush signed the I do, however, have some concerns re- dangerous weapons of mass destruc- Status of Forces agreement, which garding the legislation, including the tion. Some of you may remember the mandated that the U.S. shall com- fact that it fails to address binational smoking cloud that he talked about. It pletely withdraw from Iraq no later eligible LGBT families. was just really very, very tragic. He de- than December 31, 2011, and all U.S. More than a dozen countries allow scribed biological weapons factories on combat forces shall withdraw from Iraq same-sex partner-sponsoring, including wheels, and estimated that Iraq had be- cities before June 3, 2009. Australia, Brazil, Canada, Denmark, tween 100 and 150 tons—no, I believe it As a caucus, we continue to hold Finland, France, Israel, New Zealand, may have been 500 tons—of chemical hearings and briefings, as well as Norway, South Africa, Sweden, the weapons stockpiled. All of those claims speaking on this very floor until Presi- United Kingdom, and many more. about weapons of mass destruction dent Obama, who initially opposed the The United States should be no dif- turned out to be false. war, approved an 18-month redeploy- ferent. Secretary of State Powell’s own chief ment plan that would begin in Sep- Keeping these loving families apart of staff, Colonel Lawrence Wilkerson, tember of 2009 and end in December of is wrong, and it’s bad for the economy. later said about his own participation 2011. Take the story of southern California in the deception at the United Nations, Ms. LEE, I’m sorry that I’m going to residents Brian and Michael. They met he said: have to leave the floor because I have in 2005, became engaged next year in I participated in a hoax on the American a meeting scheduled with the members Paris and were married during the brief people, the international community, and of our caucus of the Financial Services window during which same-sex mar- the United Nations Security Council. Committee. But I’d like to say before I riage was legal in California. Iraq did not present a clear and leave, again, thank you for your lead- Brian, who’s been an educator for present danger to the United States. ership; thank you for your wisdom; over 20 years, teaches humanity Secretary Powell and his staff, they

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.062 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2334 CONGRESSIONAL RECORD — HOUSE April 25, 2013 knew this. President Bush, he knew larly thank you for your astuteness on these makeshift IEDs that tore this. Vice President Cheney, he knew bringing us together. If I might reflect through their body and either killed this. But they wanted their war and on memory lane that was very painful, them or completely amputated or they deceived the United Nations and we traveled a lot together, and I think caused the amputation of their arms or scared the American public to justify of the moments in history on the Iraq legs and the disfigurement of their their war of choice. war. The rising up of the American face. We see them now. We call them I distinctly remember the day in May people was powerful, from San Fran- wounded warriors. We call them he- 2003, 10 years ago next week, when cisco to places in between, to the quar- roes, and certainly those who followed President Bush stood on the deck of ter of a million people that walked in Afghanistan. the USS Abraham Lincoln and pro- down 53rd and 57th Street in New York But this 10th year reminds us to ask: claimed ‘‘Mission Accomplished.’’ Of on a cold morning in January. Have we made the progress that we course, the mission was far from ac- People all over America recognized should have? The gentlelady spoke of complished. The war was to drag on for that it was not these brave men and the moneys, $800 billion that has di- another 8 years. women that you see here. And I rectly contributed to the Nation’s def- President Obama committed to end- brought pictures of wonderful families icit, and the amount of money that was ing the war during his campaign; and and men and women who were called to supposed to be used for restoration; he, of course, did as President. While serve who we continue to honor and ap- and because there was no infrastruc- the war in Iraq is over, its legacy con- preciate. I thought it was important to ture in Iraq, we made our Army per- tinues and the lessons still have yet to acknowledge that our soldiers have sonnel be the little government. be learned. We need to look closely at families. We see it all the time. My dis- b 1550 the decisions made, understand the trict is near Ellington Field, and it is We made soldiers be the ones that mistakes and misjudgments, and en- increasingly becoming a base utilizing had to interact with the village leaders sure that we never again repeat such a the talents of young Americans who and the chiefs, and carry monies to tragedy. are willing to volunteer. So I take this them. No, nothing accounted for; just In Ghana, in the Akan language of 10th anniversary, as well, to pay trib- good intentions, following orders. But Ghana, there is a mythical bird that’s ute to them and those who still serve we cannot account for those dollars. a symbol. It’s called Sankofa. It’s a in foreign fields around the world. We We don’t know if they made a dif- bird flying forward looking back, and know that they still serve in Iraq and ference. We don’t know if they helped the message is that in order to not Afghanistan. bring Iraqis home. We don’t know if make the same mistakes as we move So we come here today on the 10th they helped build schools or hospitals. forward, we have to look back and we anniversary simply to ask the ques- So I think it is important to note have to know our history. We have to tion: Why? And when we ask the ques- that when we make decisions regarding know where we have come from, what tion why, it is not a selfish question on war, we need to think about soldiers we have done in order to move forward, behalf of Members of Congress. It is a holding their families and loving their and we should learn from those mis- question on behalf of those brave men families. We need to think about the takes. Sankofa. and women who, no matter who calls better way to go, and we need to ask The Special Inspector General for them as Commander in Chief and for those whose war we fight—Saddam Iraq Reconstruction issued its final re- what cause, they accept the cause. For Hussein is gone—the people whose war port to Congress just last month, de- that reason, it is imperative that we we fight, the conflict between the Shi- tailing billions and billions of dollars understand the battle into which we ites and Sunnis. lost to waste, fraud, and abuse. The oc- send them. We need to understand our history as cupation of Iraq was characterized by In the Iraq war, it was alleged there to whether or not a war that would see poor planning by the Bush administra- were weapons of mass destruction. We the loss of all these brilliant young tion, who ignored State Department have come to a fairly complete conclu- people, divide families, whether or not and USAID analysis envisioning pro- sion that there were no such weapons. we can bring some measure of peace, tracted U.S. involvement in Iraq re- We all knew Saddam Hussein, and none some comfort, some stability. quiring substantial spending for many of us adhered to his despotic and hor- And I’d venture to say today that we years. rible governance. But I will tell you, have not. And I say this to the head of The Pentagon was left in charge of my colleagues thought the same thing, Iraq, the leader, Mr. Maliki, for his managing postwar Iraq, and Defense that our approach should have been dif- participation in the ongoing conflict in Secretary Donald Rumsfeld famously ferent. The bloodshed not only of the Iraq, because that is the case. underestimated the resources needed to young men and women that you see There is no coming together of the stabilize the country. When Lieutenant here, some of their comrades were lost, Shiites and Sunnis. There is a cluster General Jay Gardner told Secretary but the millions, the numbers of Iraqi of a government that hides in the Rumsfeld that the United States might people who themselves, their lives were walls, that does not go out and try to need to spend billions of dollars to re- lost and of course still continue to be bring peace to the people. And I give build Iraq, Rumsfeld responded: in danger. you one example, Mr. Speaker, that If you think we’re going to spend a billion The Iraq war saw more than 4,400 troubles me over and over again—it is dollars of our money over there, you are brave men and women who wore the the Iranians who left Iran. sadly mistaken. United States uniform make the ulti- We know the conflicted issues and al- Well, of course, it was Mr. Rumsfeld mate sacrifice, and tens upon tens of liances were all, if you will, misunder- who was sadly mistaken, and the thousands who in actuality were stood; old alliances, friends and en- American public who was sadly misled, wounded. Over 32,000 of the men and emies. We understand that. But this is and the Iraqi people who sadly suffered women who came home suffered supposed to be a peaceful nation now, from the chaos and destruction un- wounds. But as we know, those num- and there are Iranians who fled the des- leashed by ideologues who used Iraq as bers have risen. Some 3,000 of the potic Iran, and have become, in es- a laboratory for a light-footprint war. wounded call Texas their home, 500 lost sence, enemies of Iran. Mr. Speaker, unfortunately, those their lives. We know the scars that They started out in Camp Ashraf. lost opportunities and tragic mistakes were left on families—mother, fathers, They were called rebels and terrorists. are not behind us. children, and wives. We realized that They have now been vindicated, and I would like to take a moment now we needed to make a better judgment. they’re not called that anymore. and yield to my friend and colleague, a As the tragedy unfolded in Boston, But let me tell you what the present woman who has consistently been one of the emergency physicians, one government of Iraq allows. They allow, against the war and has stood for peace of the medical professionals, said they in the camp that was Camp Ashraf that all of her life, Congresswoman SHEILA knew exactly what it was because they is now Camp Liberty, bombs to go in JACKSON LEE. had been to Iraq, and they understood from the Iraqi soldiers. They allow no Ms. JACKSON LEE. I thank the gen- the sound of the IEDs. How many of medical care to come into that par- tlelady from California, and I particu- our brave men and women encountered ticular camp.

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.064 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2335 Just yesterday, the Friends of Iran, stood in strong and unwavering solidarity with In this post-Iraq time we must turn our at- American Iranians were here, and they our troops. tention to helping’ our men and women who had 10 people or more, their faces, who Part of our role as representatives in Con- have fought bravely overseas to ensure our had died in that camp because the gov- gress is to give voice to the plight of our con- freedom and the promotion of democracy. ernment of Iraq, the government that stituents that include men and women in the Earlier this week a new Veterans Affairs we shed blood for, that we asked to be armed forces—many of them served tour after outpatient clinic was opened in the Houston a peaceful nation, is, in essence, at- tour after tour without break; and in the begin- area, which will shorten the distance between tacking people on their soil who are ning of the war had insufficient equipment to Houston veterans and the care they need. The unarmed, who are not interested in protect them from IEDs which cost the nation nearly 30,000 square foot establishment pro- war, who fled because they’d been per- countless lives and left many with traumatic vides primary health care, mental healthcare, secuted. life changing injuries. women’s specialty care, x-rays, optometry, And they don’t allow them to get ac- We cannot forget their sacrifice and heroism physical therapy, occupational therapy, ENT cess to cars, access to hospitals, and so in the face of what was asked of them. In April (ear, nose and throat) and audiology. The new people die from sicknesses because of last year the great city of Houston, which I center will have a fully operational laboratory they could not get care. am proud to represent, hosted a Bayou City- by July, as well as a visiting cardiologist and When we go into battle and send our style parade honoring the homecoming of the surgical physician’s assistant for minor proce- troops into battle, shouldn’t we ask the American troops. This gesture of thanks de- dures. question of what is the ultimate re- fines the support that Houston has for our The new clinic is expected to service 7,000 sult? troops in any situation. to 8,000 veterans within its first year of oper- We understand that democracy in its During the course of the Iraq War more than ation and create more than 50 paying jobs. structure that is here in the United 4,400 brave men and women in uniform made The Houston area clinic is one of many States cannot only be the structure the ultimate sacrifice and over 32,000 were Community-Based clinics that have been es- that fits every community, every na- wounded. Of these brave men and women tablished in response to the growing number tion, every faith. But what I would say more than 500 of the fallen and 3,000 of the of Iraq and Afghanistan veterans returning to you is that we bring one of those C– wounded call Texas their home. from war. It is vital that we keep these vet- 130s, big C–130s that many of us have In 2003 I fought with many of my colleagues erans, and current soldiers, in mind as we de- rode on to go into Iraq. And I spent in the Congressional Progressive Caucus to velop policies to ensure their care and many hours there, nothing in compari- ensure that the order to proceed with the Iraq wellbeing. son, of course, to those who served, but War did not pass the House, but our efforts Ms. LEE of California. Let me thank I’m grateful I had the opportunity to were not successful. the gentlelady from Texas for that go and serve and see those individuals Although we have withdrawn from Iraq it is very profound statement and presen- who served, and to sit down with those imperative to understand that the withdrawal is tation. And just let me say to you that, from Texas and to break bread with not synonymous with the end of the war on as the daughter of a 25-year veteran of them. terror. It has been my stance since the begin- the Armed Forces, I am deeply thank- When we land one of those C–130s, ning of the war that there are different steps ful for your bringing forth the faces of why don’t we know, and shouldn’t we that must be taken to combat terror—which in- our Armed Forces. know our purpose, our goal, what is our clude diplomatic and humanitarian efforts. And also, talking about the obstacles ultimate direction that we would like The war also had an economic cost to our now that they’re facing upon their re- to see? nation, which we are still paying and will con- turn, I’m especially concerned with the Not the dominance of the United tinue to pay until our colleagues on the other widespread and often undiagnosed inci- States over this nation that we help side of the isle resolve to battle the economic dents of PTSD and the alarming sui- but to be able to know that they, too, threat at home with the vigor of the fight cide rates among our soldiers. stand for democracy and peace. against a less than creditable threat many The back claims, the Veterans Af- I want to thank the gentlelady from thought they saw in Iraq 10 years ago. fairs losing records, denying claims California for allowing me to share this The monetary cost of the war exceeded that are clearly service-related. I want time with her, and to say, it’s impor- $800 billion, which directly contributed to the to acknowledge Congresswoman JACKIE tant to remind us of the 10th anniver- nation’s deficit that is now trying to be mended SPEIER and her work in our area and sary, one, to say thank you, for when by the Sequester. More worrisome, the long throughout the country to try to ad- we land these C–130s and these men and terms costs from the results of the war are ex- dress the backlog of claims of our vet- women come out ready for battle, they pected to exceed $3 trillion. erans who don’t deserve to be treated are wearing our uniform and our flag Since our withdrawal, insurgencies have this way. but, at the same time, we must ask the erupted across the country of Iraq. Iraq has Since the invasion of Iraq 10 years question, for what? For what results? been seen to gravitate towards Iran, a nation ago, over 2,000 current and former serv- For what long-range results? For what that has openly been hostile towards U.S. mis- icemembers have committed suicide. peace? For we owe that to them. sion, and one that has proven to be a source The lessons from this tragedy cannot I ask that we consider those in Camp of destabilization in the area. be any clearer. It’s a lot easier to get Liberty and we find relief for them. I The remedies to these issues once again into war than to get out of one. thank the gentlelady very much. come from intelligence and diplomatic chan- It’s my hope, Mr. Speaker, that this Mr. Speaker, I rise in solidarity with my fel- nels that do not include invasions like the one reckless and shortsighted decision will low members of the Congressional Progres- the United States so hastily entered into with mark a turning point in American his- sive Caucus to speak in recognition of the Iraq. tory, and that we will be more careful 10th Anniversary of the Iraq war. I want to The tactical withdrawal from Iraq can be about war and use all of the tools of thank my colleagues, Representatives LEE and seen with some high regard as a template for American power, as Congresswoman WATERS for anchoring this Special Order. how to end the war in Afghanistan, and exit Woolsey so eloquently talked to us On March 19, 2003 President Bush the region safely and decisively. As a nation about and introduced over and over launched invasion of Iraq ten years ago under we must turn away from this past decade of again, SMART security that should be a cloud of questions about the motivations for occupying countries in the name of fighting used in resolving disputes, including di- the invasion. Today we see the toll of this war terror. These endless occupations delay the plomacy. on our young military men and women, their creation of opportunity within our own nation, Let me ask you, Mr. Speaker, how families and communities across our nation. which must be one of the priorities as we at- much time do I have remaining? First and foremost, I would like to thank our tempt to overcome the economic hardships The SPEAKER pro tempore. The gen- troops who served in the Iraq war, but more facing the nation. tlewoman has 21 minutes remaining. broadly I would like to thank all members of In closing, I would once again like to extend Ms. LEE of California. I would like to the armed forces for their courage and her- my deepest gratitude to our troops fighting know if the gentlelady from Texas has oism under circumstances that few of us could across the nation on the 10th Anniversary of anything else to say. Otherwise, we imagine. As members of Congress we have, the Iraq War, and would like to thank my Con- will close. regardless of our view of the wisdom of enter- gressional Progressive Caucus colleagues Let me just use a bit more time and ing into armed conflict with Iraq, have always again for hosting this event. say that there’s no military solution in

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.066 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2336 CONGRESSIONAL RECORD — HOUSE April 25, 2013 Afghanistan either, so we must absorb tilities, unfortunately, toward the House Committee on International Rela- that fact and learn, again, what we United States, unless we get this policy tions. learned in Iraq. And we need to bring straight about the lethal use of drones H. RES. 82 [109th] Latest Title: Disavowing the doctrine of the war in Afghanistan to an acceler- and have congressional oversight and preemption. ated end. debate and really exercise our constitu- Sponsor: Rep Lee, Barbara [D–CA–9] (intro- We need to stop throwing good tional responsibility to really declare duced 2/9/2005) Cosponsors: 15 money after bad, poorly conceived and war, if that’s what we’re going to do. Committees: House International Rela- poorly managed reconstruction efforts, And so as we embark into this new tions and bring our troops home now. age of modern warfare, we do need Latest Major Action: 2/9/2005 Referred to And we need to repeal the 2001 Au- rules. We need oversight; we need ac- House committee. Status: Referred to the countability; and we need to develop an House Committee on International Rela- thorization For the Use of Military tions. Force, which Congresswoman WATERS international legal framework on H. AMDT. 214 [109th] mentioned, which I voted against right drones. (A009) after the horrific events of 9/11. This And we understand asymmetrical Amends: H.R.1815 overly broad blank check has under- warfare and the new world in which we Sponsor: Rep Woolsey, Lynn C. [D–CA–6] written the past decade of perpetual live. None of us have our head in the (offered 5/25/2005) sand about that. We just need to make AMENDMENT PURPOSE: war. An amendment numbered 26 printed in I have a resolution, H.R. 198, it’s the sure that Congress has a role in debating exactly how we’re going to, if we’re House Report 109–96 to express the sense of Repeal of the Authorization For the Congress that the President should develop a Use of Military Force. This will remove going to, and when the appropriate use plan for the withdrawal of U.S. military one of the underlying legal justifica- of force is necessary. forces from Iraq, and submit this plan to the tions for targeted drone killings that For me, personally, I believe in congressional defense committees. has been invoked over and over again, SMART Security; and I know that that STATUS: will lead to a world that our children 5/25/2005 6:20 pm: Amendment (A009) offered this time, targeted killings, to justify a by Ms. Woolsey. (consideration: CR H4035– wide range of activities, including deserve and is worthy of our children’s future. 4040, H4043; text: CR H4035) warrantless surveillance and wire- So let’s put this decade of perpetual 5/25/2005 7:53 pm: On agreeing to the Wool- tapping activities, and, yes, a blank sey amendment (A009) Failed by recorded warfare behind us. We should bring our check for war anywhere, any time, for vote: 128–300 (Roll no. 220). troops home. We should invest in our H. CON. RES. 197 [109th] any length of time. veterans and our children, create jobs I hope those who are listening and Latest Title: Declaring that it is the policy here at home and really begin to invest of the United States not to enter into any who care about this, go back and read in our future for the sake of our chil- base agreement with the Government of Iraq that resolution of 9/14. What it said was dren and our grandchildren. that would lead to a permanent United the President, and I’m paraphrasing I have this chart here to show you States military presence in Iraq. now, but it was the President is au- just in terms of the fiscal implications Sponsor: Rep Lee, Barbara [D–CA–9] (intro- thorized to use force against any na- of what these policies have brought. duced 6/30/2005) Cosponsors: 86 Committees: House International Relations tion, organization, individual, deemed When you look at the deficit, with the connected to terrorism and the 9/11 at- Latest Major Action: 6/30/2005 Referred to war and the economic policies of the House committee. Status: Referred to the tacks. Bush era, the tax cuts, we’re looking at House Committee on International Rela- Now, this was in 2001. 2001. No end this line right here. Had these unfortu- tions. game, no timetable, a blank check, nate policies not occurred, our deficit H. AMDT. 750 [109th] perpetual war until this is repealed. So would be down here. This is very clear. (A050) Congress really needs to reassert its Amends: H.R. 4939 This was put forth by the Congres- Sponsor: Rep Lee, Barbara [D–CA–9] (of- constitutional authority in the mat- sional Budget Office in February. ters of war. Our Founding Fathers were fered 3/16/2006) These are their estimates. AMENDMENT PURPOSE: very deliberate in placing war-making It’s very clear, I hope, to everyone An amendment to prohibit the use of funds powers in this body. In a democracy, that the failed economic policies of the from being available to enter into a basing such as ours, we have this system of Bush administration and the wars in rights agreement between the United States checks and balances. Iraq are the major contributing factors and Iraq. On 9/14, we did not have a full debate. STATUS: to the economic crisis that we find our- 3/16/2006 4:39 pm: Amendment (A050) offered From what I remember, it may have selves in. And so, aside from the human been an hour, it may have been 2 hours. by Ms. Lee. (consideration: CR H1107–1110; toll that this 10-year war and the war text: CR H1107) But we did not fully debate that blank in Afghanistan has taken, we have a 3/16/2006 5:04 pm: On agreeing to the Lee check and what that meant by author- real crisis now, an economic crisis in amendment (A050) Agreed to by voice vote. izing then-President Bush, now Presi- this country that we need to come to H.R. 5875 [109th] dent Obama and any future President, grips with. Our senior citizens did not Latest Title: Iraq War Powers Repeal Act to use force in perpetuity. of 2006 cause this crisis. Our children did not Sponsor: Rep Woolsey, Lynn C. [D–CA–6] b 1600 cause this crisis. The poor, our middle (introduced 7/25/2006) Cosponsors: 26 Commit- We can no longer abdicate our con- class individuals, and families did not tees: House International Relations Latest Major Action: 7/25/2006 Referred to stitutional duties allowing any Presi- cause this crisis. And we cannot forget what has taken place over the last 10 House committee. Status: Referred to the dent to engage in hostilities without House Committee on International Rela- debate, without oversight, and without years of this unbelievably terribly sad time in our history, where we lost so tions. accountability. f And I want to commend Senator many lives and we lost so much time in terms of rebuilding our country for the DURBIN for conducting hearings this SECOND AMENDMENT RIGHTS week looking at the constitutionality future of our children. The SPEAKER pro tempore. Under I yield back the balance of my time. and the rationale for targeted killings the Speaker’s announced policy of Jan- using drones. This was a very impor- KEY IRAQ VOTES FROM THE 109TH CONGRESS uary 3, 2013, the gentlewoman from H. CON. RES. 35 [109th] tant hearing. I was able to sit through Latest Title: Expressing the sense of Con- Missouri (Mrs. HARTZLER) is recognized some of that hearing, and it was very gress that the President should develop and for 60 minutes as the designee of the revealing. Actually, there was a young implement a plan to begin the immediate majority leader. man from Yemen who received a State withdrawal of United States Armed Forces Mrs. HARTZLER. When I was 10 Department scholarship. He went to from Iraq. years old, I got my first job. It would school here, had gone back to Yemen, Sponsor: Rep Woolsey, Lynn C. [D–CA–6] require skill and perseverance and pa- and his village was devastated by (introduced 1/26/2005) Cosponsors: 34 tience, and it would have a real poten- Committees: House International Rela- drones. tions tial economic impact on our family So you can see what’s happening Latest Major Action: 1/26/2005 Referred to hog farm. My dad hired me. He paid me now. There are more and more hos- House committee. Status: Referred to the 15 cents a unit.

VerDate Mar 15 2010 01:41 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.067 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2337 What was my job? It was shooting the gentleman, the gang member, say, Missouri (Mr. LUETKEMEYER). So gen- sparrows around our farm. At that Well, they passed a new law in D.C., so tleman, what would you like to share time, there was a disease going around I guess we can’t use assault rifles any- about our Second Amendment rights? rural America, and sparrows were tak- more. Mr. LUETKEMEYER. Thank you, ing it from farm to farm. So it had a We’ve got to look at the facts about Congresswoman HARTZLER. It’s always real practical purpose. whether passing this law would really good to work with another fellow Mem- But, as I’m a parent now, I look back address violence. In this case, it cer- ber from Missouri, the Show Me State, on it. I used to tag around with my dad tainly wouldn’t. where we can give some folks a little all the time, and I wonder maybe if he As far as that legislation, also the insight as to what’s going on. just kind of wanted to give me some- word ‘‘assault’’ is an adjective. It is not Mr. Speaker, when I was growing up thing to do, in addition to a job. a gun. What gun control advocates call in rural Missouri, firearms were a reg- But I had a lot of fun that summer an assault rifle is actually a regular ular part of my life. Beyond learning going around the grain bins and the rifle with only a few cosmetic dif- how to safely handle firearms while sheds on our farm and our buildings ferences on the outside, such as a pistol hunting and shooting, I learned also to and trying to catch that bird unawares. grip, a hand guard, and a removable respect them. Like so many parents, I And I think over the entire summer, I magazine. It is misleading to label fire- made sure those same lessons were in- may have earned around 45 cents. So it arms with negative words in order to stilled in my own children. wasn’t a big moneymaker, but I sure advance a gun control agenda. It is because of the efforts of parents had a lot of fun. The fact is that more deaths have or adults who can have a positive influ- And I learned some important things. been inflicted using fists and knives ence on a child that the culture of safe- I learned that using firearms can be a and baseball bats than with a gun. In ty and respect toward firearms have fun hobby and hunting can be fun; also, fact, one-and-a-half times as many been so well maintained in rural Amer- that using firearms can have a real homicides are committed with blunt ica. Our communities and families practical purpose. And over the years, objects such as a baseball bat, over two work very hard to ensure this heritage, I’ve shot a lot of different kind of fire- times as many homicides with fists, and it is very upsetting when law- arms now and different sizes, but I and five times as many with knives. makers—many of whom know nothing really appreciate what our Founding So why aren’t proponents of bans on about firearms—attempt to place limi- Fathers did when they established our firearms calling baseball bats assault tations on our Second Amendment Second Amendment and gave us that baseball bats or assault knives? Well, right to keep and bear arms. as our basic right. the reason is because the American The Second Amendment is, in fact, a This afternoon, my colleagues and I people know that objects are only tools primary constitutional right that sets want to highlight not only why the of people who wish to do others harm. America far apart from nations around Second Amendment is important to us They are not the cause. Now, it’s a slo- the world. Our Founders got this right. and to the people in our districts, but gan, it’s a bumper sticker, but it is They knew ensuring the right of a cit- how it is also important to this coun- true: guns don’t kill people; people do. izen to keep and bear arms would al- try. We want to dispel the myths that So that’s one proposal that I think ways be vital to ensuring personal free- decisions about how to address violence misses the mark. doms. are based on facts and not emotions. Another proposal is to create uni- I have spent my time as an elected As a lifelong gun owner as well as a versal background checks. Well, the official—first in the Missouri State former public schoolteacher, I appre- fact is that the vast majority of gun House of Representatives, and now in ciate the thoughtful discussion that sales already have background checks Congress—working to protect the Sec- our country has been having after the with the sale, because all firearm sales ond Amendment. However, not only is tragic school shooting in Newtown, through dealers must complete the in- it important to protect the right to Connecticut. My heart has gone out to stant background check. The only own the gun; it is also important to those families, as I know everyone in transactions that do not require the protect the privacy of the information America’s heart has, and our prayers background checks are sales between about the ownership of the gun and the as well. We want to understand the de- individual gun owners; and they are conceal-carry permits and things like sire to stop the violence. I share that not the problem. Requiring law-abiding that. goal but believe that many of the pro- citizens to have to go to a dealer and I will give you an example. In my posals being put forth miss the mark. get a background check on their neigh- State just recently—in fact, we’re bare- So let’s look at some of the proposals bor in order to sell him a gun would do ly finished working on this—it has and compare them to the facts. little to stop mass killings. come to our attention that the Depart- One proposal that is being talked Imposing the new law would not have ment of Revenue and Highway Patrol, about and has been talked about is to stopped the Sandy Hook killer. He in working in conjunction with the So- ban what’s called assault rifles. Well, stole the guns he used to carry out his cial Security Administration’s Inspec- the fact is that lawbreakers ignore the evil scheme. The same with the Au- tor General, was looking into getting laws. Banning firearms would only rora, Colorado, shooter in the movie control of the conceal-carry permit list take guns away from our law-abiding theater. He actually had passed a back- of all the folks in the State of Missouri citizens and ensure that lawbreakers ground check. So passing a new law to compare it for mental health dis- have guns. like this does not really address the ability fraud in our State. While we I was watching TV a couple of weeks issue. were satisfied in going through all the ago, and I saw the sponsor of the Sen- different informational checks and ate bill to ban these assault rifles and b 1610 crosschecks with regard to the Federal she was giving a rationale why she It’s time for all of us to address the side of this—that they did everything thought it was important. She was say- real issue of how to protect our chil- legally they were supposed to do as ing, Well, gangs in California have as- dren and schools rather than to use a well as the information was protected sault rifles, and we’ve got to get these tragedy to impose more government and not compromised—it still pointed off the streets and out of the hands of control on law-abiding citizens or in- out some of the looseness and sloppi- our gang members, so we need to pass fringe on our Second Amendment ness that went on with regards to the this bill. And I just kind of scratched rights. way that the State folks handled our my head and thought, Do you really Several of my colleagues are going to information. To me, that is something believe that gang members are going to join me today to share their insights that we have to be constantly watchful listen and pay attention to a law that into why the Second Amendment mat- for. Washington, D.C., passes? They break ters to them and their constituents, Someone once said the price of free- laws every day. I really can’t see them and to discuss how to address the real dom is eternal vigilance. I think with getting together and having an organi- issues of violence in our country. regard to Second Amendment rights, it zational meeting and saying, Well, let’s I would like to start off with my fel- certainly is something that is very have the legislative report and have low colleague from the great State of true.

VerDate Mar 15 2010 01:45 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.069 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2338 CONGRESSIONAL RECORD — HOUSE April 25, 2013 Mrs. HARTZLER. I thank you, gen- I’m glad to see my colleague from my own kids and with my husband, tleman. I think well said there. Our South Dakota here. She is quite a Brian. rural heritage is based on our Second champion of gun rights. We’re looking Opening day of pheasant season is al- Amendment rights, and well said. forward to hearing your comments, ways big in South Dakota. It’s a family Certainly, being from Missouri, I ap- lady, about the Second Amendment. reunion, but obviously there are many, preciate your work—and we’ve worked Mrs. NOEM. Well, thank you. I appre- many friends that show up for that as together on this. This is a very real ciate that, and I thank the gentlelady well. It starts with a big breakfast. We concern. I call it the Department of from Missouri for her leadership on all gather together for good entertain- Revenue debacle. this issue. ment and conversation until it’s time I certainly appreciate State Senator You know, people sacrificed for the to go out and start enjoying the day to- Kurt Schaefer and others there in Mis- rights that we have. The Constitution gether. It’s a tradition that we don’t souri who have been on the forefront of is so important to me. It’s important want to lose. Every year, sportsmen getting to the bottom of this and how to the people of South Dakota and to and -women flock to South Dakota to our conceal-carry list was released to my family, and the Second Amendment enjoy this tradition and take advan- Federal authorities without all of the is very dear to our heritage. tage of our State’s abundance of hunt- permissions and all of the safety That’s why I wanted to come to the ing and wildlife. guards in place. That is very, very dis- floor today, because I wanted to talk I want to give you a few facts about turbing. So thank you for your work on about how the Constitution guarantees South Dakota. With over 700,000 acres of public hunting land, South Dakota that and for your comments. us the individual’s right to keep and I would now like to yield to a new bear arms. That’s why I strongly sup- is home to the Nation’s best pheasant hunting, and it’s the pheasant hunting Member here, who has just hit the port the Second Amendment. capital of the world. In fact, last year, ground running and who brings so This right isn’t abstract to me. It’s pheasant hunters were able to put 1.55 much to our whole delegation with his part of my family’s heritage, and it’s my State’s culture. I am a gun owner million roasters in their game bags. service. I appreciate the gentleman In 2011 alone, the pheasant hunting and a member of the Congressional from New York (Mr. COLLINS), and I season had an economic impact of over Sportsmen’s Caucus. I’ll continue to would be happy to yield time to you, $225 million to our State. It’s our num- gentleman. fight and defend this right for the peo- ber two industry as tourism, and a big Mr. COLLINS of New York. I want to ple of South Dakota and for our way of part of that happens during the hunt- thank both the gentlewoman and gen- life. ing season. A majority of the money tleman from Missouri for their com- You know, the Second Amendment spent from that $225 million comes in ments. has been described in many different from out-of-state visitors. Mr. Speaker, I come to the House ways over the years, such as it is there Hunting and maintaining a healthy floor this afternoon to stand in support to support our natural rights of self-de- habitat for wildlife is one of the great of the Second Amendment. I also fense. It is there for resistance of op- things that I appreciate about South proudly stand here in support of all the pression. It even was described as a Dakota, and it’s why I’m so proud to law-abiding gun owners in New York’s civic duty to act in concert in the de- call it home. 27th Congressional District and all fense of the State. These are all rea- During the debates that have oc- across our country. sons that we need to make sure that we curred here in Washington, D.C., re- As a father and a grandfather, the re- are continuously talking about the cently, I received many, many—thou- cent violent tragedies in our country benefits of this right, what it means to sands, actually—letters from South have left my heart heavy. But as a gun mothers and fathers who are protecting Dakotans. I just want to read a couple owner with a carry permit, I proudly their families, and what it means to us of excerpts from a couple of those if I carry my dad’s Ithaca .45 from World growing up in a country where people have the chance. War II. As a Member of Congress rep- sacrificed, bled and died to protect the The first one was from Kevin in Aber- resenting thousands of law-abiding gun rights that we had. deen. He said: owners, I join my colleagues and say You know, growing up in South Da- I urge you to oppose any and all antigun we refuse to allow these tragedies to be kota, I’ve always had an enormous legislation that will simply penalize law- used for political gain. amount of respect and appreciation for abiding gun owners. Instead, focus on im- These recent crimes should not be the outdoors and for hunting. If you provements to our Nation’s mental health system and enhancing school security, while used as a pretense to weaken our con- aren’t familiar with South Dakota, I’ll respecting our Second Amendment rights. stitutional rights. And law-abiding tell you that hunting is a very impor- Mike, who is also from Aberdeen, in citizens should not fall victim to addi- tant part of it. It’s one of our greatest talking about a bill that had been pro- tional laws and regulations which have traditions and ways of life across the posed said: no impact on reducing crime. State. Let us not kid ourselves. What was I grew up hunting and taking hunting This is clearly the wrong answer for a real issue. Taking away a right that has been recently proposed in the Senate and trips—sometimes for weeks on end, proven to save lives time and again is the what has recently become law in my one- or two-week trips to the moun- wrong reason against obvious mental issues home State of New York would have tains to hunt with my dad and my and security lapses. done nothing to prevent the Newtown brothers. It was good family quality or Christmastime shootings of fire- time. We had a lot of conversations b 1620 fighters in Webster, a community just while we were enjoying the outdoors. The last one I want to touch on is outside my district. The first person that taught me how from Greg. He says: I strongly support the Second to hunt and to carry a gun correctly I agree that work needs to be done to keep Amendment and the right of an indi- was my grandmother. She and I and weapons out of the hands of mentally ill in- vidual to protect themselves and their her black lab BJ would go out and dividuals, but this isn’t the answer. I regu- family. The actions of depraved killers spend hours together. It was during larly use a rifle that would be banned under some proposed legislation when controlling should not punish law-abiding gun those times that she not only taught coyotes and the rabbit populations on my owners. And the actions of this Con- me the proper way to handle a firearm farm. I’ve also used the rifle for controlling gress should not pick away at the and to enjoy the wildlife, but also life prairie dog populations on other landowner rights guaranteed by our Constitution. lessons that I don’t think I would have property, in addition to hunting on public Mrs. HARTZLER. Thank you, gen- gotten if I hadn’t spent that much time lands. tleman. That is well said. Tragedies with her in the outdoors enjoying that That’s one of the things you don’t should not be used for political gain. heritage. talk about a lot. For many people in That is so true. We want to get at the This belief in the Second Amendment the middle of the country out in west- heart of what causes violence and how is critically important to South Dako- ern South Dakota, they simply to protect children, and not just pass tans, and I certainly appreciate the wouldn’t be able to be in business any- laws that wouldn’t even address the fact that I had the opportunity to more if they didn’t have the oppor- problem. enjoy it. Now I have the chance with tunity to control predators that could

VerDate Mar 15 2010 01:45 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.070 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2339 wipe out their entire livestock herd. One of the letters came just this shotgun, and she protected herself this The Second Amendment guarantees week from a student and a Boy Scout time with the shotgun and the outcome them the right to have the ability to named Caleb. He said: was totally different and the person is do that. Dear Representative Farenthold: in jail now. This is just a small glimpse into the I wanted to thank you for your beliefs on There’s another example in Kansas traditions that we have in South Da- gun control in our State. I believe that we City. There was a man who had a re- kota and the heritage that gun owner- all have a right to bear arms and protect straining order against someone who ship offers all of us. ourselves if we are in harm. was trying to do him harm. He entered I want to thank the gentlelady for And that really kind of sums up the his home and, once again, he was at- giving me the opportunity to talk feeling of a lot of folks in Texas and a tacked by this person with a knife. about that. The Second Amendment is lot of the farmers and ranchers that I But, thanks to having a gun in the critically important. It needs to be de- represent. home, he was able to stop him, and fended, and I was very proud to stand As Representative NOEM was talking that person is behind bars as well. here and do that with you today. about, spending time shooting with her We could go on with many, many ex- Mrs. HARTZLER. Thank you, lady. children, one of the things that I look amples, but Americans every day use It was sure important, I think, that back on in raising my daughters—they their Second Amendment rights to pro- those voices from South Dakota would are now in college—and you look back tect and defend their families and be heard and how it is a part of a herit- and think, well, what should I have themselves. It is so important that we age of so many people in this country done? I should have spent more time keep that ability to do that. That’s and how it has very practical and real outside with them. I should have spent why our Founding Fathers established benefits to the citizens. We need to more time passing on some of the this right. focus on solutions that are based on things that I’ve learned. But there’s Now I would like to turn to my friend facts and not emotions. still an opportunity. from Michigan, TIM WALBERG, to share One thing that the lady talked about Morgan, my 24-year-old daughter, your thoughts on the Second Amend- is that it is a constitutional right. And came to me just a couple of weekends ment. Gentleman, thank you for being I wanted to just reiterate that the U.S. ago when I was back home in Corpus here. Supreme Court has affirmed that gun Christi and said, ‘‘Dad, can we take a Mr. WALBERG. I thank the gentle- ownership is an individual right. In concealed-carry class together this lady, my friend from Missouri, for District of Columbia v. Heller, the U.S. summer?’’ So that’s on the agenda for holding this opportunity for us to Supreme Court held that D.C.’s com- when I’m back in Texas is passing on speak on the Second Amendment. plete gun ban infringes on the Second the tradition of the safe and respon- I’ve often said at town hall meetings Amendment rights of the D.C. citizens, sible use of firearms in my family. that we’re talking about the Second and it clarified that the Second I’m looking forward to spending time Amendment to the U.S. Constitution, Amendment guarantees a fundamental with her in that concealed-carry class, the Second Amendment in the Bill of individual right to have a firearm in and I hope it instills in her the same Rights, that namely speaks to the the home. passion that I have for the sport of issue that was declared so strongly in So this isn’t something just that was shooting. If this plays out well, we’re the Declaration of Independence, that talked about and established years ago going to spend time on the skeet range; document, one of two documents that when our country was founded; it has we’re going to spend some time out could be considered the greatest man- been upheld recently. We are very hunting. It’s something that I’m really made documents ever penned, the Dec- thankful for that and want to continue looking forward to. It’s an important laration of Independence and then the to protect that right. part of America. It’s an important part Constitution. We have a gentleman here from of folks’ family lives. The Bill of Rights understood what Texas, who I’m sure knows all about The Second Amendment has got to be the Declaration said, that all men are rights and wants to share a little bit protected, and the traditions of safe created equal and endowed with certain about Texas views on why it’s impor- firearms use in this country needs to unalienable rights, namely, the right tant to have our Second Amendment continue for a myriad of reasons—just to life, liberty, and the pursuit of hap- rights. This is BLAKE FARENTHOLD, and more reasons than I can list. piness. I yield to the gentleman. I see you’ve got quite a few other I think the Framers and Founders Mr. FARENTHOLD. Thank you very people here who want to talk about understood with the First Amendment, much. their experiences with the Second the right to free speech and the free- As I was listening to the gentlelady Amendment and their beliefs, so I’m dom of religion, but also that under- from South Dakota (Mrs. NOEM), her not going to eat up all the time. Thank standing that the right to life involved stories about growing up around fire- you. making sure that I could defend my- arms and the quality time that she Mrs. HARTZLER. Thank you very self, protect myself, care for myself, spent with her grandmother learning much, BLAKE. I’ll look forward to hear- feed myself with the use of a weapon in marksmanship and learning gun safety ing how it goes in August with your the field in hunting, but not simply and learning about life in the outdoors daughter there. that. Mr. Speaker, I will say, it was really struck home with me. I think you made a really great point there to make sure that a citizen, a I remember growing up with my about the important role of protection free citizen of the United States, was grandfather, driving around the ranch and how firearms provide a very prac- able to care for himself or herself, his learning to shoot a .22, moving up and tical and very, very vital role in self- family or her family, in any shape or learning how to shoot a shotgun and protection. Estimates range anywhere form. learning how to do so safely. In Texas, from 83,000 times a year up to perhaps And so I see the First Amendment as gun control is hitting what you aim at, 1 million times a year citizens of this important, but I see equally important and that’s part of growing up, with an country use firearms in order to pro- the Second Amendment, the right to understanding of firearm safety and tect themselves. In Missouri, let me keep and bear arms. And as my friend marksmanship. It’s part of many share with you just a couple of exam- Ted Nugent says: ‘‘Keep’’ is defined as American’s lives, just like it was a part ples. ‘‘It’s mine. It’s not yours. You’re not of my life. In 2008, there was a woman in Cape going to take it from me.’’ I got a lot of letters as the debate Girardeau who endured a horrific Very simple. Very simple. about gun control was going through crime. Someone broke into her apart- I think we need to understand as the Senate, as well, urging me to con- ment through a window and she was there are laws that are being thought tinue to stand up for the Second raped. Two days later she came home of, well-intentioned even, and yet laws Amendment rights that our Founding and that person was there again. She that really aren’t based in reality of Fathers realized was so important—the had the window repaired, but they were what takes place around civilization, right to bear arms; the right that those there. This time, though, she was pre- when it understands that we need to in the Revolutionary War fought for. pared. She had borrowed a friend’s make sure that we don’t step on other

VerDate Mar 15 2010 01:45 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.072 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2340 CONGRESSIONAL RECORD — HOUSE April 25, 2013 people’s rights and their freedoms and would have been on law-abiding citi- He murdered his own mother. I think their opportunities, yet there is a place zens, the ability to keep and to bear they counted over 40 different laws when we must be prepared to defend arms, to protect themselves—to carry that were broken by the Sandy Hook ourselves so that those rights can be out the constitutional right. murderer. Then somebody is going to carried on, not only for ourselves, but So I thank the gentlelady from Mis- tell you that one more law, which for those that count on us to care. souri for allowing us to speak on this makes it harder for law-abiding citi- issue. zens to get a gun, would have stopped 1630 b Hopefully, some would hear the com- him from doing that when, in fact, he In a famous quote, Benjamin Frank- mon sense of it all and not just hear didn’t even break the laws that they’re lin said it this way: what some would say: that if we appre- proposing. They that can give up essential liberty to ciate weapons, we are warmongers or So I think people see through that. obtain a little temporary safety deserve nei- that we are living in danger and pro- People realize that these bills are, un- ther safety nor liberty. ducing danger in other people’s lives. fortunately, the same bad ideas that Well said. The fact is just the opposite: we are have been floating around for decades I think there are people with well- there to ensure safety, ensure liberty by people who just want to take away meaning intentions right now that and to make sure that people are pro- our Second Amendment rights. They aren’t thinking of the fact that liberty tected against criminals who would just don’t share those same beliefs that comes with a cost, that it comes with abuse us regardless of what the law or our Founding Fathers had when they the responsibility and an account- the Constitution says. felt that it was so important that all ability to continue on to make sure I will defend that, and I thank my American citizens have these protec- that liberty continues, not only for me, colleagues for standing for this reality tions. but for you and everyone else, and that and truth for the Second Amendment. I am proud to come from Louisiana. liberty is protected from those who Mrs. HARTZLER. Thank you, Mr. We call ourselves a Sportsman’s Para- would take away our freedoms, our WALBERG. Well said. dise. There, when you talk about the rights, even our lives. I like how you point out that the Second Amendment, we’re not just I like to hunt, and I love to right to life is tied to the Second talking about hunting. Some people trapshoot, and I love to shoot skeets, Amendment—to be able to defend our- want to say that the Second Amend- and I love to shoot sporting clay, and I selves and protect that life. That is so ment is really just about hunting. It’s love to target practice. On my farm, we true. Also, it’s not a safety issue. In not about hunting. It’s about a lot have a target range, and my wife uses fact, violent crime has dropped by 72 more than hunting. It’s about the abil- it as well. In fact, she uses it better percent since 1993 in this country; and, ity for people to protect themselves. than I do with a pistol. Yet with the actually, there has been a 47 percent I was in New Orleans after Hurricane fun and enjoyment that can come from increase in U.S. households that have Katrina. During those days, there were being trained, we also understand the guns. We now have 47 percent of us who some very dark days. We had a few concerns that are there as with any own a gun, and crime has gone down. weeks, not just hours or days, where tool, as my dad taught me. He taught So an excellent point there. you couldn’t pick up the phone and call I would like to yield to my friend me not only how to shoot a gun and 911. There was no 911 system. In many from Louisiana, Representative STEVE about the inherent dangers that were cases, there was no power for weeks. SCALISE. He is a champion of our Sec- there that also demanded my responsi- You couldn’t get law enforcement to ond Amendment. come if there were somebody trying to bility and accountability, but he also Thank you for coming. taught me how to use a radial saw. He come and loot your house or worse, so Mr. SCALISE. I want to thank my the citizens at home in their houses said it would work very well in doing colleague, Mrs. HARTZLER from Mis- the things it was meant for, but you with their guns was the only protec- souri, for hosting this leadership hour tion that people had for not just days, have to be careful with it. to talk about our Second Amendment So, yes, we who believe in the Second but for weeks after Hurricane Katrina. rights and for yielding time as well. One of the more frightening things Amendment believe that there ought I am very proud to rise in strong sup- to be training and that people ought to that happened after Hurricane port of our Second Amendment rights Katrina—there were many frightening care for how they use their weapons, and also in opposition to many of these things that happened during Katrina— but we believe they ought to be allowed bills that have been floating around but after Katrina, local law enforce- for us to freely use as they were in- Congress that would take away those ment gave an order to have the police tended for all good purposes. I grew up rights that are so precious to all Amer- actually go door to door in the city of on the south side of Chicago. Leroy icans. Those rights were so important New Orleans and confiscate guns from Brown and Junkyard Dog were my that the Second Amendment to the law-abiding citizens. It actually hap- neighbors. I love that area of Calumet Constitution—part of our Bill of pened. It has been well documented to City where I grew up, but I also know Rights, the first set of amendments to the point where I was in the State leg- that there are dangers. I also know our Constitution—enshrined this right islature at the time, and I filed legisla- that protection is required and that to the American people to bear arms. tion to prevent that from ever being the protection to fit the need and the This wasn’t a right that they just gave able to happen again. In fact, the NRA, concern is what must be there. to the militia, to the military, to our which is so decried by all of these gun So I would say to my friend and col- local law enforcement. This was a right control advocates, actually stood up league, as well as to the Speaker and to that was granted to all Americans be- and said that it’s wrong for govern- those who might listen to these words, cause it was so precious and important. ment to go door-to-door and take your that the Second Amendment is not the We were all shocked and saddened by guns from you. problem; and the law-abiding citizen the murders at Sandy Hook; but I People said, Oh, that can never hap- who carries out the responsibilities of think what is also disappointing is, pen in America. the Second Amendment is not the when you have these tragedies, unfor- Yet, it happened. It happened in an problem. Most of us fit in that cat- tunately, there are people—Washington American city—in New Orleans. egory. Nothing in the bill that was put politicians—who try to take advantage After Katrina, there is actual video forth in the Senate, or any other of those tragedies, who then come be- footage of a woman, Ms. Connie. She thoughts, would take care of those hind and try to impose their own agen- was in her house in uptown New Orle- criminals. It would not have changed das in the name of somebody else. ans, and the police actually came to the Boston bombers in their ability to When you look at a lot of these bills her house to take her gun. She didn’t get and to use for criminal, terrorist that have been filed, they have abso- want to give up her gun, and they tack- purposes any change or impingement lutely nothing to do with those mur- led her. They broke her collarbone. I on the Second Amendment. They would ders or with any of these other trage- actually brought her to testify for my have still committed their atrocities, dies that we’ve seen. bill. I am proud to say my bill passed and they would have still gotten their You look at Sandy Hook. He stole back then and that no longer can any- weapons. The only negative impact the gun. The gun was from his mother. body in Louisiana take away your guns

VerDate Mar 15 2010 01:45 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.073 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2341 even during a natural disaster. Fortu- they don’t expect knee-jerk reactions within three votes of passing, which I nately, because of the NRA’s leader- from Washington when it comes to leg- thought was very interesting that ship, they made this a national law. islation. And now I would like to just while the President was trying to enact It’s now a national law. But that actu- quote a couple of quotes from our stricter gun legislation, a bill that ally happened. Founding Fathers that I think are so would actually let us as Americans So this Second Amendment right is important and quotes about our Second travel across the country almost incredibly sacred, and it’s unfortunate Amendment rights. passed in the Senate. I think that that some try to take advantage of dis- George Washington said, ‘‘A free peo- sends a strong message to all of us as asters to go and try to chip those ple ought to be armed.’’ Americans that the Senate does under- rights away. That’s why we’re here Thomas Jefferson says that, ‘‘The stand and respect the importance of today, and that’s why I’m proud of my strongest reason for the people to re- the Second Amendment but also is in- colleague from Missouri and of so tain the right to keep and bear arms is, terested in letting those folks who are many others who are here to stand up as a last resort, to protect themselves abiding by the law to also carry for that right that we all hold dear. against tyranny in government.’’ throughout the country. Mrs. HARTZLER. Thank you very He also says, ‘‘The beauty of the Sec- The bill that I’ve authored under- much, STEVE. ond Amendment is that it will not be stands that instead of pursuing ineffec- It’s very helpful, I think, to be re- needed until they try to take it.’’ tive gun controls, we really do need to minded of the firsthand account of I think that is why this motivates strengthen the protections for law what can happen and what did happen people to contact their Members of abiding citizens who exercise their in Louisiana when the government Congress, to let them know how they right to self-defense every day. came to take the guns away from the feel. One other comment is that my bill citizens there. We don’t ever want to Madam Speaker, we are a democracy would simply make sure that law abid- see that happen again because, like you that is represented by people we send ing gun owners who legally carry a said, it’s imperative for personal pro- to Washington. As we saw the votes un- concealed weapon in their home State tection besides its being a personal fold in the Senate, I think that each may do so in other States. Illinois does right. So thank you for sharing that. I one of those Members in the Senate not have a permit, so they would not appreciate it. was representing the people that they be allowed to carry there, but just were elected by. Of course, the Presi- about every other State does. b 1640 dent was very critical of the Senate I think Americans have seen over the Mrs. HARTZLER. Well, we have my after they were not able to pass a bill past couple of weeks that both sides of friend and colleague from Indiana, that he had wanted. But when he is the aisle see that sweeping gun control who’s come to join us here, MARLIN criticizing them, he is criticizing each legislation is misguided and it is an at- STUTZMAN. one of those particular Members and tack on law-abiding gun owners, and it You brought a couple of guests here also the people that sent them to the is designed to advance another agenda with you today to be a part of our Spe- United States Senate. To watch each instead of really saving lives. cial Order? different vote take place, I think it I believe what we really should be fo- Mr. STUTZMAN. I did. tells us that Americans across the cused on is the people behind the weap- Mrs. HARTZLER. Very good. Well, I country are not about just knee-jerk on, the people that plant the bomb, the yield to you. I want to hear what you reactions but about responsibility people that are taking these particular have to share. when it comes to gun ownership, and it tools and hurting other people, wheth- Mr. STUTZMAN. I thank the lady also shows their passion about pro- er it’s with a ball bat or a crowbar or from Missouri for yielding. I brought tecting the Second Amendment. Many any other sort of device that people my two sons, Payton and Preston, of these Members in the Senate did not could pick up with their hands and along today. So it’s a father and son want to vote for tighter gun control hurt others. We really need to focus on outing here. Payton asked if he could laws because they were representing the mental challenges that these peo- come along to hear us talk about the the people from their particular States. ple have. There has to be. There is in- Second Amendment. So I believe that last week the Amer- formation that we know about these We, of course, we’re farmers back in ican people spoke. It wasn’t just the particular people, and I believe that’s Indiana, and I grew up with BB guns. Senate. The American people, through who we need to focus on. And Payton now has his little BB gun their representatives, said that they We as Americans need to make sure and a 410/22, and Preston has a little BB don’t want stricter gun legislation. that we teach our children safety. If gun. So we enjoy the sport out on the We’ve already tried Senator FEIN- someone has decided to purchase a gun, farm. STEIN’s so-called ‘‘assault weapons’’ they have a responsibility to under- I want to just thank you for bringing ban in the nineties and it failed to re- stand how that particular weapon oper- this issue to the floor today because duce murder rates then, and it would, I ates and the safety measures that go it’s such an important issue for our believe, fail to reduce murder rates along with it, just like I learned in my country, and obviously a lot of things now. The American people understand hunter safety course when I was 12 have happened over the past several that, and I believe that the United years old, and also by my father, who years that brings this issue to us ap- States Senate understands that, as threatened me many times if any more propriately. I believe that we do need well. They’ve seen this before. windows were shot out that I was going to have a discussion not only about our So while we watched the Senate work to be paying for them. Second Amendment rights, but about through the gun legislation, there was There are so many different exciting gun safety and how each of us as Amer- one particular amendment that I and joyful opportunities that families icans who owns a gun is responsible. thought was very intriguing, and that can do together as a family with fire- Of course, my wife, Christy, and I are was the amendment that Senator COR- arms, but also there is a great respon- grieving, along with our family which NYN from Texas offered. That was an sibility that comes along with that. is grieving for those who lost loved amendment that—I have a bill filed Also, as the quotes that I read before ones in Newtown and, of course, in Ari- here in the House, H.R. 578. It’s called from our Founding Fathers show, there zona, Colorado, Virginia and so many the Respecting States’ Rights and Con- is an even greater right behind that, a other places. We’ve had some cases in cealed Carry Reciprocity Act of 2013, principle behind that, that we do have Fort Wayne of just irresponsibility, but which basically allows law abiding citi- a responsibility not only to protect also intended murder. But, of course, zens that have a concealed weapon per- ourselves but to protect other citizens as we saw what happened in Boston, mit to carry across State lines to those that we live with. bad people can take any device and States that do have concealed carry So thank you for bringing this issue hurt people with those devices, and it permits. to the floor, and thank you to all of is always sad to see. Senator CORNYN offered a very simi- those who have spoken, as well. I be- But one of the things that I know lar amendment to the underlying bill lieve that as we continue these discus- from constituents back home is that in the Senate. It almost passed. It was sions that it should be thoughtful, that

VerDate Mar 15 2010 04:20 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.075 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2342 CONGRESSIONAL RECORD — HOUSE April 25, 2013 it be careful, and we in Congress have there are people who are irresponsible for Guns can do no harm by themselves. They a responsibility to let people know that them. Those people will get guns no matter are no more harmful than any large vehicle we do understand that this issue is an what, but law-abiding citizens need to be like a truck or bus that has mass or weight important matter. But as we’ve seen in able to protect our families. It is our right, as a part of their structure. just as freedom of speech is, and should not It’s interesting that Larry would say the votes from the Senate, people want be taken away. to know gun safety is the most impor- that because yesterday I saw a clip on Well said, Samantha. I think that is tant issue that we’re dealing with. the news of someone who actually went a perfect example of what happens po- after someone else in a car. The other b 1650 tentially when a crime is occurring, person was on a bicycle, and they tried Mrs. HARTZLER. Absolutely. Very and how important it is for families to to kill them. They were able to save well said. I appreciate your comments, be able to defend themselves in that the person. Thankfully, he wasn’t hurt, and I’m so glad you brought Payton event. but they are still looking for the per- and Preston along. I was sharing ear- Here’s a comment from Carol from son in the car. So are we going to ban lier that I got my start on the farm Lowry City. She said in an email to cars because they can be used to kill with my BB gun as well. I’m glad to me: people? Of course not, because what we hear you’re well on your way to having By definition, criminals do not care about need to do is find the person who was a lot of years of fun hunting and doing laws. They will acquire guns and whatever trying to commit the crime. it safely with your father teaching you. weapon they want to use for their nefarious Continuing on, Larry says: My friend from Indiana brought up so activity regardless of what the law is. The Sick individuals can take any truck and many great points. The quotes from only thing that this unconstitutional gun drive it into a school or mall, killing our grab will do is put innocent, law-abiding citi- the Founding Fathers really bring loved ones just as a gun can. I don’t want zens in harm’s way by preventing them from anyone to be hurt or die, but feel that this home what this is all about and why it protecting themselves, their property and is so important that we as a country path of legislation is wrong. As others have their family. If stringent gun control which suggested, we need to focus on people. People retain the right as citizens to be able stripped Second Amendment rights from the are the motor driving the gun, truck, bus or to protect ourselves, not just from in- people were the answer to alleviating vio- any other object. The focus has to become dividuals, but from the government lence, then the city of Chicago would be a helping the mentally ill. even. Well said there. model of safety. Instead, Chicago, which has some of the most strict gun control laws in And we have Jessica from As far as the Senate vote, I think you Warrensburg. She said: brought up an excellent point as well, the Nation, led the country in number of deaths related to firearms at 532. The people If a fraction of the time, energy, money that the American people really did could not protect themselves against the and passion that went into debating gun con- speak. I think overwhelmingly the criminal activity around them, and many trol went toward establishing a more effi- American people understand that tak- paid for it with their lives. cient national or State mental health outing away guns or putting new restric- I wanted to share some statistics reach campaign, perhaps we would have less tions on law-abiding citizens is not heartbreaking tragedies involving individ- from the World Health Organization. It uals who felt unheard, isolated, and alien- going to address the problems of vio- lists, and you probably can’t see it, but lence in our society, and it would not ated. A commonly heard phrase is guns don’t two pages’ worth of countries here that kill people, people kill people. If that is true, have prevented the tragedy that oc- have a higher percentage of murders What are we doing to help people? curred in Connecticut or any of the per 100,000 citizens than we do. You I think that brings up the point of other shootings that we have experi- have countries everywhere from the mental health issues in our country enced. So we need to, as I said earlier, Bahamas, Puerto Rico, Jamaica, Pan- and how we should be focusing more on focus on the facts and not on emotions. ama, Brazil, Greenland, Costa Rica, these killers and what caused them or I wanted to share with you some of Russia, British Virgin Islands, Phil- the comments from people in my dis- led them to do it. What about violent ippines, Uruguay, Thailand, and on and video games? If you look at the New- trict. I think lots of times people in the on. Two pages of countries that have country have the pulse of what is com- town, Connecticut, shooter as well as very high murder rates, and yet here is the Aurora, Colorado, shooter, Madam mon sense and what is wise policy for the United States below all of them. our country, more so than in the heat Speaker, you’ll find that both of them And you know what all of these other spent an inordinate amount of time of the moment sometimes with some countries have in common? All of these things that have gone on here at the playing violent video games where they countries have banned guns 100 percent actually were carrying out scenarios of Capitol. from their citizens. This is an example from Samantha of shooting people. How come we aren’t So this validates what Carol from what happened recently in our district hearing proposals talking about that Lowry City said to me in her email, in Randolph County, and I think she from gun control advocates or from that when you take guns away from in- has a very interesting perspective on those who say that they want to do dividuals, crime rates actually go up this. She said: this to help children. Let’s get to the because criminals will have the guns heart of the issue here. I am a citizen of Randolph County, and on and the law-abiding citizens won’t be Easter Sunday, two men went on a crime We have Kelly from Sedalia who spree in our area and shot two very close able to protect themselves. I thought adds: friends of mine, pistol whipped an elderly that was a really good point that she The one thing all of these misguided pro- lady, and killed a woman from Moberly. makes. posals have in common is that they won’t re- These suspects were on the run from police Here’s a comment in an email from duce crime. Criminals by definition are law for over 12 hours, including overnight. The Vicki Jo from Clinton, Missouri. She breakers. They are not deterred by laws residents of this area didn’t sleep well not said: against murder, rape, armed robbery, et knowing what was going on. Houses were on cetera; and they won’t be affected by addi- I would like you to know that I do not sup- lockdown. It was a horrible feeling knowing tional gun control laws on top of the tens of port more regulations on any guns, acces- the armed men were able to get away from thousands of existing laws we have on the sories, or ammunition. These items are only police officers for several hours and not books at every governmental level. Again, I tools some people choose to use as weapons knowing where they would go next. urge you to oppose any and all anti-gun leg- against others. I feel the Second Amendment As a mother, I was terrified for my family. islation that will simply penalize law-abid- gives me the freedom to own and operate any Knowing that we were protected in case ing gun owners and instead focus on im- firearm that I choose. I’m a hunter and, if these perpetrators came in our neighborhood provements to our Nation’s mental health needed, would use my firearms for protection was the only thing that made that night system and enhancing school security while from harm. I feel that more attention needs even bearable. Please vote to keep our Sec- respecting our Second Amendment rights. to be spent on those dealing with mental ill- ond Amendment rights. It is our right to pro- ness and pose a threat to others’ welfare. We The gentleman from Indiana brought tect ourselves from these criminals who will law-abiding citizens don’t need more laws to up some really good points awhile ago, always be able to get guns no matter what take more freedoms away from us. Please and we share a lot in common. We both they do, such as drugs, because drugs are il- pursue the violators of these crimes and not legal as well. If they want them, they will come from a farm background, and we their ill-chosen tools. get them. Let normal, law-abiding citizens both still have a farm today. We both keep their guns to protect themselves. We Well said. have children still in school, and we should not have them taken away because Larry from Mexico, Missouri, said: enjoy sharing our heritage. I say to the

VerDate Mar 15 2010 01:45 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.077 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2343 gentleman, my daughter, we’ve had a what Thomas Jefferson mentioned grants with no choice but to rely upon the lot of fun with her, teaching her how to about the Second Amendment. grace and mercy of others who not only had shoot a gun and going out also in our Mrs. HARTZLER. It’s certainly a de- power over our subsistence, but sometimes pasture. We have an area that we’ve terrent, I think, from any government over our lives. The truth of the Exodus story for the Jew- blocked off, and we target shot, and it’s who would want to take on their citi- ish people is eternal because we have often a lot of fun and she enjoys it. But just zens. And you look at this list that I been wanderers in lands that were not our as importantly as it being enjoyable, I was sharing, two pages of people and own. think just being familiar with guns and countries who have very high murder Subsequent to the Exodus story, the first for the potential of having self-protec- rates. I feel for the people of those encounter with the landless powerlessness tion is so important, as well. And I countries. occurred nearly 2,500 years ago in the land of know you would agree. I can’t imagine what that would be Babylonia. like to live in a country where you’re It was there that we also learned the b 1700 strength that comes when a people exits the basically helpless. You and your family Mr. STUTZMAN. Absolutely. I think shadows and is able to take its place in the are helpless. You are totally open to light of the Nation’s destiny. A vibrant Jew- that as Payton, our oldest, we’ve given and vulnerable to anyone, whether it’s ish community thrived there for thousands him a bow and arrow, and he has his somebody in government, a rogue gov- of years as citizens of a Persian nation. straw bales out in the back of the barn. ernment, or a criminal who wants to do Elsewhere in the world over the centuries And I think that any time he goes out, yourself or your family harm, and you Jews encountered wandering, rootlessness we always talk to him about look don’t have that ability to protect your- and powerlessness in Europe, Russia and what’s beyond your target and make self. Northern Africa. With each move, we endured the insecurity of foreigners never fully sure that you’re not shooting in a di- Madam Speaker, how much time do I rection towards a house or towards any welcomed in a land that benefited from our have remaining? labor and our skills. other one that’s behind there. The SPEAKER pro tempore (Mrs. The all too infrequent eras of stability, se- And it really does come down to BROOKS of Indiana). The time of the curity and peace were welcomed isles of har- awareness and responsibility and mak- gentlewoman has expired. mony that allowed our people to prosper. Because of our history, because of our col- ing sure that any time you’re shooting, f whether it’s a bow and arrow, or lective memory of wandering and existing as whether it’s a baseball, for that mat- IMMIGRATION REFORM immigrants in lands that were not our own ter, throwing a baseball or shooting a The SPEAKER pro tempore. Under from birth, because we were wanderers who firearm, that there is an awareness al- traveled to nations looking for better for- the Speaker’s announced policy of Jan- tunes and left nations where fortune and ways around you. uary 3, 2013, the Chair recognizes the safety eluded, the Jewish people have a mis- I know we see a lot of the tragedies gentleman from California (Mr. sion to extend compassion and embrace to that happen in cities, whether it could VARGAS) for 30 minutes. others who seek the very security that we be from a stray bullet, and that’s Mr. VARGAS. Madam Speaker, I rise often sought for ourselves. where we need to continue to focus on today to speak on our Nation’s need for Now that we have found peace, comfort, those people, whether it’s through our comprehensive immigration reform. I stability and strength in this great country, churches, whether it’s through chari- did want to, however, congratulate my we demand nothing less than that for others table organizations, through schools, who seek these essential components of life friend, MARLIN STUTZMAN, and his fam- for themselves and for their families. education, and helping people under- ily. What a beautiful family. And it Eleven million immigrants have cared for stand the great responsibility that was a delight looking over and seeing our children, attended our schools, worked in comes with firearms. both boys. What a terrific family. our factories, fought our wars, frequented I feel fortunate to be raised on a farm I come today, though, to thank, real- our businesses, and made our way of life pos- where I could start at a very young age ly, the faith community in this coun- sible. and was taught the lessons of responsi- try that has come together around The time is now for those who have become bility with gun ownership. And then comprehensive immigration reform. a part of our American fabric through the sweat of their hands to be given the place in we’re teaching the same with Payton It’s been interesting to see how, lit- our society that we cherish for ourselves as and Preston. erally, every denomination, every faith well: citizens of the United States of Amer- There is that point of fun and the en- group, has come together and said that ica. joyment of having firearms as you’re we must have comprehensive immigra- Sincerely, Rabbi Ron Stern. out in the woods or wherever you’re at. tion reform because of the values that I want to thank Rabbi Stern. I think But it also goes deeper than that. And they have, as religious people and reli- that he, along with so many others, I think that’s why the Second Amend- gious groups, but also, more impor- have really set the stage for something ment goes to the very heart of Ameri- tantly, the religious values that we that I think is not only overdue but cans and how we were founded. Obvi- share as Americans. that we’re going to do, and that is, ously, the men who fought in the Revo- So I want to thank all of the groups we’re going to look into our hearts, lutionary War needed to have the ac- that have been praying for us, that and we’re going to see that the strang- cess to a gun to defend themselves have come to the Capitol to speak to er among us is not so strange. against the Redcoats at the time, and us, to say, open up your hearts, open up It was interesting that the rabbi so they obviously had to learn the your minds and take a look at the mentioned fought our wars. For those same thing. stranger among you. of us that have been working with im- And it wasn’t just to defend them- I would like to read a letter that I re- migrants, I think probably the saddest selves from another army. It was also a ceived yesterday that, I think, puts it things, the saddest occurrences that tool used to provide food for them- into context, certainly in the Judeo- we’ve encountered are these, when selves. Christian context, and that was a let- military men and women have spouses We’re very fortunate in so many ter that I received from Rabbi Ron who are undocumented. ways that we don’t have the responsi- Stern from the Stephen S. Wise Temple bility of using a gun on a daily basis in Los Angeles, California. b 1710 like people used to. With that, people He wrote this: A good example is a story I gave be- don’t use a firearm as often, and they Among the fundamental stories of the Jew- fore, and I’ll give it again, it was so do have a responsibility to make sure ish people is the classic telling of the experi- compelling. that they’re trained when they do pur- ence of slavery in Egypt. Here in the Capitol, on the Senate chase one, and recognizing those that The story is not only told each year during side, we heard testimony from an Army are around them when they’re using the Passover Seder held by Jews around the soldier who had, unfortunately, been them. world but it is also referenced repeatedly as injured. He came home and his wife is the rationale for many Jewish ethical prin- But again, it goes to the heart of us ciples. taking care of him and his young fam- as Americans and defending our free- The tradition teaches us that we must al- ily. And what he’s had to do is line the dom. And if it has to absolutely come ways remember that we were strangers in a car windows and all over the car with to that, to defeat tyranny. That is strange land, that we were powerless immi- stickers that say, ‘‘Injured Soldier,’’

VerDate Mar 15 2010 01:45 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.079 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2344 CONGRESSIONAL RECORD — HOUSE April 25, 2013 ‘‘Go Army,’’ and all sorts of other As an aside, it is. And we see it here And so I thank all of these religious stickers that show that he is someone at the Capitol. We see more and more leaders, all of these faith communities that went and fought for us overseas. church groups and pastors coming and that have come together. Interestingly, And the reason he does this, he says, is speaking to us, and speaking to us in a I can’t recall another time when you’ve because he doesn’t want to get pulled very united way and a very compas- had so many different religious faith over for some small traffic violation sionate way and a very values-filled groups, pastors, reverends, and rabbis because his wife is the only one that’s way, saying that we have to do some- come together with one voice and say, able to drive, and she could be deported thing. And I thank them again for that. This is the path forward; we all agree. because she’s undocumented. They go on: But we have it here. And probably even more compelling, We stand ready to support legislation that The nice thing about it is that I we had, afterwards, a member of the reflects our Christian values and builds the think we are getting to a point where Marines come forward and say, trag- common good. We are driven by moral obli- we are going to agree that we have to ically, that he is fearful when he is gation rooted deeply in our faith to address have a comprehensive immigration sent overseas, but not of dying, inter- the needs of immigrants in our country. package that reflects the values that estingly. He said that he served two Compassionate and just treatment of immigrants is a frequent topic in the Scripture. they have spoken to, the values that tours of duty in Iraq. He said that he we hold dear as Americans, and I think was scared the whole time he was The Hebrew word for immigrant, ‘‘ger’’, occurs 92 times throughout the Bible. that we are going to get there. And I there, but not of what I thought. He We respectfully request that you meet per- thank each and every one of them that said, You wouldn’t guess. He said, I’m sonally with leadership from the Evangelical prays for us because I am a person of going back now to Afghanistan, and I Immigration Table in the first 92 days of the faith. I do believe that prayers work. I have the same fear. And you know next Congress to discuss bipartisan immigra- can feel their fervent prayers here. We what his fear is? His fear is not of tion reform legislation that: One, guarantees secure national borders; can all hear them here. It’s a wonderful dying. Interestingly and starkly, he thing. said, That’s what Marines do. We fight Two, respects the God-given dignity of every person; I do want to read a few more letters and we die. I’m not afraid of that. I’m Three, ensures fairness to taxpayers; and a few more quotes from these same afraid that my wife will get deported Four, protects the unity of the immediate evangelical leaders because I think it’s because she’s undocumented. I’m afraid family; important to get a feel for how unani- Five, establishes a path toward legal sta- that my wife will get deported. That’s mous they are that we have to have what his fear is, that his wife may be tus and/or citizenship for those who qualify comprehensive immigration reform deported. and those who wish to become permanent that really reflects our best values, our He says, What then will happen to residents; Six, respects the rule of law. not only my wife but my children? I’m better angels. So here’s a press release These principles are endorsed by the sign- from the evangelical leaders to amplify off in Afghanistan doing what I think ers of this letter and by more than 150 other is right, defending our country, defend- the call for bipartisan immigration re- prominent evangelical leaders from around form with radio ads in key States. ing our liberty, and at the same time the Nation. The principles reflect a growing my wife could get deported to a nation convergence with the position of other reli- b 1720 she doesn’t really even know anymore. gious, civic, business, labor, and law enforce- Dr. Richard Land, president, Ethics She came as a child. She came from ment leaders. and Religious Liberty Commission of Mexico. How is that fair? We urge you to reach across the aisle and And I can tell him, Of course, that’s to work to create a bipartisan solution that the Southern Baptist Convention: reflects our values, creates just and humane not fair. But I think that more and Evangelical Christians who listen to Chris- immigration laws, and moves us forward to- tian radio tend to be well educated in the more of us are hearing these stories. gether. And I thank him for his bravery to Scriptures and politically engaged. Reaching The letter was signed by Leith An- them with this message about God’s heart come forward because it does, in fact, derson, President, National Associa- for immigrants and the importance of immi- put his family in peril because she tion of Evangelicals; Stephan Bauman gration solutions rooted in Biblical values could get deported. But I thank him President and CEO, World Relief; David will be absolutely critical for building the and I thank the other brave members Beckmann, President, Bread for the political will we need to pass meaningful re- of the military that have come forward forms in 2013. World; Noel Castellanos, CEO, Chris- and given us their stories. I’ve heard Our political leaders need to hear from our tian Development Community Associa- from many now. constituents and from their constituents and Now I would like to take a moment tion; Robert Gittelson, President, Con- know that evangelical Christians are strong- to share with you a letter written by servatives for Comprehensive Immigra- ly behind them if they have the moral courage to act on the values we see in Matthew the Evangelical Immigration Table to tion Reform; Richard Land, President, Ethics and Religious Liberty Commis- 25 and other places in the Scripture con- us here in the United States Congress. cerning welcoming the stranger. They wrote: sion of the Southern Baptist Conven- I thank Dr. Richard Land. When he Dear Speaker Boehner and Leader Pelosi, tion; Samuel Rodriguez, President, Na- Congratulations to you and your campaign tional Hispanic Christian Leadership says that he hopes that we hear from teams on your election victories. Conference; Gabriel Salguero, Presi- our constituents, we are hearing from Our Nation faces many great challenges dent, National Latino Evangelical Coa- them. In fact, we’re also hearing from and opportunities. We pray that God will lition; Richard Stearns, President, Dr. Richard Land and other leaders in lead and guide your steps and provide you World Vision United States; and Jim the evangelical churches that have with the wisdom during the years ahead. As evangelical leaders, we live every day with Wallis, President and CEO of Sojourn- come here to say, if you have any dis- the reality that our immigration system ers. trust in your heart for the immigrant, doesn’t reflect our commitment to the val- So why have all of these evangelical the stranger, or even hate, put it aside. ues of human dignity, family unity, and re- leaders and why have so many other Instead, follow your heart and under- spect for the rule of law that define us as faith groups come together and said stand that the immigrant, the stranger Americans. with a unified voice that we have to among you, deserves your love, your Initiatives by both parties to advance com- have comprehensive immigration re- attention, your values. monsense fixes to our immigration policies have stalled in the years past. With your form? Well, as they say, the reason is I think it’s happening here. Again, I leadership, this can change. In the next Con- because of their values. Because they don’t think it’s by accident, I think it’s gress, Republicans and Democrats need to believe in the Bible and they believe by their prayers. I think it’s by them come together to pass and implement a na- that the stranger among us must be coming together with a united voice tional immigration strategy that addresses treated as ourselves. In fact, interest- and saying we have to do what is right. our Nation’s broken immigration system. We ingly, some of them quote Leviticus. And I thank them. commit to supporting you. We are already In Leviticus, of course, it says that I’d like to read now from Reverend working across the country to educate and mobilize our fellow evangelical Christians to you shall love the alien, the stranger, Dr. Uth, senior pastor of the First Bap- support just immigration laws. Support for as you love yourselves, because you tist Church of Orlando. The reason I reform is growing in our churches, denomi- have to remember that you once were want to read the pastor’s notes is be- nations, campuses, and communities. strangers, too, in the land of Egypt. cause the pastor not only talks about

VerDate Mar 15 2010 04:20 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.082 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2345 reform, he comes from a particular groups are coming together to pray for work that’s being done bipartisanly area, Orlando. This is his quote: us, to encourage us to move forward on here, too, in this House, in the Con- There’s a consistent message throughout comprehensive immigration reform. So gress, and you will soon see a bill. Scripture, and it’s a command to welcome I would like to read from Reverend Dr. I thank and I pray every day for the and to treat fairly all people, but especially Fleming, senior pastor, Champion For- members of that group that are work- the stranger and the foreigner in your land. est Baptist Church in Houston, Texas: ing hard—often under great stress—to When we fail to welcome the stranger, in es- We’re beginning now to see immigrants as come forward with a bill, a change in sence we fail to welcome Christ. us. We live together, we work together, we And so Christians in our church, when they the law, that represents our better an- serve together, we’re all in this together, and learn about God’s heart for the immigrant gels. It represents our values as Ameri- the notion of welcoming the outsider and the and what the Bible has to say, their hearts cans, as Christians, as Jews, as people stranger and inviting them in has been key are open because we are a people of faith, to that. We see the immigrant as a person of faith. So I thank them. and it is our desire to live out that faith in created in the image of God. They’re hus- I’d also like to quote Reverend Sam- our world. bands and wives, they’re parents, they’re uel Rodriguez, president of the Na- Coupled with that, when they meet these children. tional Hispanic Christian Leadership immigrants, when they have personal en- Oftentimes our broken immigration sys- counters, all of a sudden this issue has a Conference: tem causes great suffering in the homes and face, it has a story. And it’s in that meeting Today’s meeting invigorated me with hope in the families and in the people’s lives. and optimism. The President’s resolve in that transformation happens and has hap- I believe, and my experience has been here conjunction with evangelical support facili- pened here for us. We know that the time is in Texas that conservative Christians and tate the prescription for a comprehensive now for this discussion. evangelicals are rising to support a Biblical resolution addressing America’s immigra- I thank the pastor. I thank him be- approach to this very complex issue. tion crisis. I am convinced that with prayer cause he’s right. But I also thank him I thank him. I thank Dr. Reverend and prophetic activism, we will live out Mat- because I think his prayers, his suppli- David Fleming, senior pastor, Cham- thew 25 and welcome the stranger in the cations are being answered. I think the pion Forest Baptist Church of Houston, name of Jesus. prayers of his congregation are being for his courage, for his prayers, for his b 1730 answered. We are coming together, and encouragement, for his heart, and for we are coming together in a bipartisan his insight. I think it’s very insightful. Of course he quotes famously Mat- way. I want to quote him: thew 25. Matthew 25, of course, is the There are many other things that we We’re beginning now to see immigrants as judgment where Jesus himself says disagree on. I’ve been here not very us. We live together, we work together, we how we will be judged as a nation. I long, but I can already tell you there serve together, we’re all in this together, and hope you go back and read that part of are a lot of things that we disagree on. the notion of welcoming the outsider and the Scripture. But more and more, we’re coming to- stranger and inviting them in has been key Jesus says: gether around the issue of comprehen- to that. ‘‘When I was hungry, you gave me to sive immigration reform, and we’re In fact, they have been invited in. eat. When I was thirsty, you gave me coming together because it’s the right I’ve had the great honor now to speak to drink. When I was naked, you thing to do. to many pastors, and evangelization clothed me. When I was ill, you cured In fact, the voices now—and they’re has happened with many of the undocu- me. When I was a stranger, you wel- few and they’re shrill—seem to be a mented people that have come to our comed me. When I was a prisoner, you real outlier now. They seem to be far Nation. visited me.’’ out, nowhere in the mainstream. In- Now, in fact, as the marine that I Then of course the sheep will ask: stead, we’re down to the nitty-gritty spoke of earlier, as well as the soldier, ‘‘When do we do that, Jesus?’’ and we’re trying to figure out the oftentimes they meet their spouses in ‘‘When you did it to the least of my small things. I think that that’s very church and they get married. Then we brothers.’’ good; I think that that’s healthy. put them in a situation that if they le- That’s what Reverend Samuel Rodri- I appreciate, again, the candor that gally want to live together their spouse guez was quoting and most Christian we’ve had on this discussion. It is a has to leave the country for 10 years. groups quote. It’s so profoundly who we pleasure to have the discussion on im- Can you imagine that? The marine, are: the welcoming of the stranger, migration be so humane and values- who is again going to be deployed over- Christ among us. based. But also, some of the interests seas, for his wife to be here legally she Madam Speaker, I know I don’t have around the country are coming to- would have to leave the country for 10 much time left. I appreciate deeply the gether too. years, what would she do with the chil- time that I was given today to speak to I sit on the Agriculture Committee, dren? Does she take them with her? my colleagues and to speak to hope- and we were having a committee hear- They’re American citizens. Does she go fully a larger crowd that I have great ing on horticulture and specialty crops. to this country that she really doesn’t faith, I have great faith that we are Almost immediately, the discussion know anymore? How can that be right? coming together and we’re coming to- went to comprehensive immigration How can that be fair? How can that be gether in a way that we will produce a reform because it’s one of the most im- just? How can that be Christian? How bill that we can all be proud of and portant things for the agricultural can those be our values? They’re not hopefully that we will all support but community. Interestingly, they said our values. That’s why I thank Pastor that will have bipartisan support. And that the bill in the Senate is not per- Dr. David Fleming for stepping forward it won’t be an accident. It will be be- fect, the bill that we’re going to and saying it’s time that we change. cause of the prayers of these pastors. It produce here is not perfect, but it’s Now, I happen to be a Catholic, so I’d will be because of the courage of Rabbi getting close. They’re saying that like to quote now Archbishop Jose Stern. It will be because of all the en- there’s a lot of agreement between Gomez, the archbishop of Los Angeles couragement that we’ve received from those that work in the field and rep- and chairman of the USCCB Com- the faith communities outside of this resent them and those that are the mittee on Migration. He says this: House. It is because of their fervent farmers. When do you see that? It sel- Our collective faith groups are prepared to love and support for the immigrant, dom happens. Again, I think it’s hap- support just and humane reform of a broken the stranger, that we will have a just pening because of the prayers of the immigration system. With the President’s law, and I thank them. pastors. leadership and cooperation between both Madam Speaker, thank you for the I do want to read a few more of them parties in Congress, we can achieve this goal within the year. opportunity today. I yield back the because they’ve sent so many of them We agree with the President and the bipar- balance of my time. now to my office, and also because I ap- tisan Senate leaders who are stressing the f preciate what they’re doing. They’re importance of a path to citizenship for the making a difference here. I also want undocumented. We should not sanction a ATROCITIES OF ABORTION to show that it’s not only in Orlando, permanent underclass in our society. The SPEAKER pro tempore. Under in one part of the country; it’s all over Never to correct an archbishop; how- the Speaker’s announced policy of Jan- the country that pastors and religious ever, I would add that also the good uary 3, 2013, the Chair recognizes the

VerDate Mar 15 2010 02:12 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.084 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2346 CONGRESSIONAL RECORD — HOUSE April 25, 2013 gentleman from Arizona (Mr. FRANKS) associate professor of pediatrics at research these tragedies for them- for 30 minutes. Case Western University, reported to selves, given the cataclysmic implica- Mr. FRANKS. Thank you, Madam the American Pediatric Research Soci- tions for any society who turns a blind Speaker. ety concerning research he and associ- eye to such atrocities against the most Madam Speaker, there was a time ates had conducted on 12 babies up to innocent and helpless of its members? when the rules of Congress forbid any- 20 weeks old who had been born alive b 1740 one to petition this Congress against from hysterotomy abortion. These men slavery. For some inexplicable reason, decapitated these little babies and If our society is to survive with our once in a while, it seems mankind be- cannulated the internal carotid arte- humanity intact, our moral impulse to- comes completely blind to a mon- ries. They then kept these little heads ward our fellow human beings must strosity. History is replete with such alive with heart-lung machines in first survive. Madam Speaker, that is examples. It seems we are never quite order to study them. Like the victims why it is so important for people to see so eloquent as we are when we decry of Dr. Gosnell, their spines had been for themselves the inhumanity of what the crimes of the past generation, and completely sliced through and the is being done to these little victims. yet we seem as staggeringly blind as painful agony that they were feeling is Maybe it would not change everyone’s some of our most sightless predecessors beyond our imagination, Madam mind, but it has changed many minds. when it comes to facing and rejecting Speaker. One such example gained a lot of media atrocities in our own time. Americans were outraged when they coverage. Whether it was slavery, the Nazi Hol- learned that the Russians had kept the Abby Johnson spent 9 years working ocaust, or the many human genocides heads of dogs alive in the 1950s. Yet, at a Texas Planned Parenthood clinic— across history, the patterns were the when asked, Peter Adams responded to first as a volunteer and then as clinic same. Innocent human beings, children the criticism of keeping these little director. At one point, she was asked of God all, were systematically dehu- human heads alive. He responded by to assist during a routine abortion pro- manized and then subjected to the saying: cedure. Amazingly, this was the first most horrifying inhumanity. All the Our society has declared the fetus dead and time in those 9 years that Abby had ac- while, human society as a whole hard- abrogated its rights. I don’t see any ethical tually watched on an ultrasound an ened their hearts and turned away. problem. Whose rights are we going to pro- abortion being performed. She recounts But, Madam Speaker, truth and time tect once we’ve decided the fetus won’t live? holding the transducer over the moth- travel on the same road. And although In another case, Madam Speaker, Dr. er’s midsection and observing the dis- it was often agonizingly slow, the truth Abu Hayat, the Manhattan abortionist play of the baby’s movements on the of these tragic inhumanities in our who severed the arm of a baby girl screen. She then watched as the abor- past began to dawn on people of reason later born alive, is reportedly the first tion proceeded and as the unborn baby and good will. Their hearts first and physician in the United States to be attempted unsuccessfully to escape the then their minds began to change. jailed for an illegal third-trimester probe. I’ve often asked myself: What was it abortion since the infamous 1973 Roe v. She said: that changed their minds? What Wade decision. I could see the whole profile of the baby. I changed the minds of those who had Sixty-three-year-old Abu Hayat was could see the probe. I could see the baby try previously embraced an invincible ig- convicted of having knowingly per- to move away from the probe, and I just norance to hide from themselves the formed an abortion on Rosa Rodriguez thought: What am I doing? Then I thought: never again. horror of what was happening to their in October of 1991. The 7- to 8-month- innocent fellow human beings? old baby girl she carried, baby Ana Two weeks later, looking out the Madam Speaker, if I only really knew Rosa Rodriguez, was born the next day, clinic window and seeing two members or if I knew how to express it because, but one of her arms was missing at the of Coalition for Life standing outside, you see, today such a conundrum shoulder because of Dr. Hayat’s praying, Johnson walked out of the looms before humanity once again, botched abortion. Hayat was also con- clinic and joined them, and she has those most glaring examples of which victed of assault on the woman be- never looked back. Then there was the case of Brenda are things like the trial in Philadel- cause, in the middle of the abortion, he Shafer, a nurse who was so radically phia of Dr. Kermit Gosnell. In the stopped to demand an additional $500. pro-abortion that she told her teenage words of the grand jury report, Gosnell When the woman’s husband couldn’t daughters that they would be forced to had a simple solution for unwanted ba- come up with the additional money, have an abortion if they ever got preg- bies. He killed them. He didn’t call it she was sent home semiconscious and nant; but only 3 days of working in an that, Madam Speaker. He called it ‘‘en- still bleeding. suring fetal demise.’’ The way he en- Madam Speaker, my heart goes out abortion clinic was more than she sured fetal demise was by sticking scis- to those like Rosa Rodriguez, and espe- could handle. She speaks of going in on her third sors in the back of the baby’s neck and cially to her, who sooner or later had and final day and watching as the doc- cutting the spinal cord. He called it to face the question from her baby tor performed three partial-birth abor- ‘‘snipping.’’ Over the years there were daughter, Mommy, where is my arm? tions, including one procedure on a 6- hundreds of ‘‘snippings.’’ Oh, Madam Speaker, it beggars human When authorities entered the clinic imagination to try to take in the month-old baby boy with Down syn- of Dr. Gosnell, they found a torture crushing emotional burden that the drome. She watched as the little boy’s chamber for little babies that I do not abortion industry in this country has arms and legs were delivered, his little have the words or the stomach to ade- heaped upon so many American moth- fingers clasping and unclasping, his quately describe. Suffice it to say that ers. feet kicking before the vacuum tube Dr. Gosnell ran a systematic practice Madam Speaker, I will not expound was inserted into the baby’s head. He in his late-term abortion clinic to cut upon the cases of abortionist Dr. Scott went completely limp—only to be dis- the spines of those babies who had sur- Ricke or abortionist Gordon Goei or carded as if he were nothing more than vived his attempt to abort them. Malvin Roy Weisberg in the infamous a rag. Every American with the slightest Weisberg incident in Woodland Hills, Brenda said: shred of compassion for the innocent California. However, I will tell you, I have been a nurse for a long time, and I should learn the truth of this case for Madam Speaker, that they involved have seen a lot of death—people maimed in auto accidents, gunshot wounds, you name themselves, Madam Speaker, because thousands of unborn children, many of it—and I have seen surgical procedures of perhaps the greatest tragedy of all sur- them in their third trimester, in what every sort; but in all of my professional rounding this case is that it is not as can be described as a torturous and years, I had never witnessed anything like rare as those in the media would try to mass desecration of innocent unborn this. For a long time, sometimes still, I had convince us. babies. nightmares about what I saw in the clinic Six months after the Supreme Court Would it be too much to hope for, that day. legalized abortion on demand in the Madam Speaker, that Members of this Former abortion provider Nita Whit- United States, Dr. Peter A.J. Adam, an body and Americans in general might ten tells a similarly gut-wrenching

VerDate Mar 15 2010 02:12 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.086 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2347 story of a young teenage girl who was opening of the George W. Bush Presi- — Chartering and Field of Membership Man- pressured by her mother to have an dential Library in Dallas, Texas. ual for Federal Credit Unions (RIN: 3133- abortion. The doctors had inserted Mr. MARCHANT (at the request of Mr. AE02) received April 8, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- what is called a ‘‘laminaria’’ to allow CANTOR) for today and the balance of nancial Services. the abortion to be performed. Nita de- the week on account of attending the 1268. A letter from the Secretary, Securi- scribes the young girl going into the opening of the George W. Bush Presi- ties and Exchange Commission, transmitting bathroom and screaming at the top of dential Library in Dallas, Texas. the Commission’s final rule — Identity Theft Red Flags Rules (RIN: 3235-AL26) received her lungs for her mother, screaming f over and over ‘‘It’s a baby. It’s a baby’’ April 11, 2013, pursuant to 5 U.S.C. after she saw the baby that was abort- BILL PRESENTED TO THE 801(a)(1)(A); to the Committee on Financial PRESIDENT Services. ed in the toilet. 1269. A letter from the Secretary, Depart- For this little girl, who will forever Karen L. Haas, Clerk of the House, ment of Health and Human Services, trans- be scarred by what she saw, there was reported that on April 25, 2013, she pre- mitting the Department’s ‘‘Report to Con- no debate about whether her baby was sented to the President of the United gress on Dual Language Learners in Head just a blob of tissue. Unlike the osten- States, for his approval, the following Start and Early Head Start Programs’’; to sibly educated abortionists, this girl bill. the Committee on Education and the Work- force. realized intuitively what science has H.R. 1246. To amend the District of Colum- long argued: conception creates a ge- 1270. A letter from the Director, Regula- bia Home Rule Act to provide that the Dis- tions Policy and Management Staff, Depart- netically unique human life—a baby. trict of Columbia Treasurer or one of the ment of Health and Human Services, trans- All of these people shared a common Deputy Chief Financial Officers of the Office mitting the Department’s final rule — thread when they were confronted with of the Chief Financial Officer of the District Change of Address; Biologics License Appli- the brutality and the reality of abor- of Columbia may perform the functions and cations; Techical Amendment [Docket No.: tion. They could no longer deny the duties of the Office in an acting capacity if FDA-2013-N-0011] received April 8, 2013, pur- truth that abortion is the murder of a there is a vacancy in the Office. suant to 5 U.S.C. 801(a)(1)(A); to the Com- defenseless child. It’s easy for those of f mittee on Energy and Commerce. us who are far removed from the actual 1271. A letter from the Director, Regula- ADJOURNMENT tions Policy and Management Staff, Depart- abortion clinics—those who do not Mr. FRANKS of Arizona. Madam ment of Health and Human Services, trans- have to confront the unspeakable pain mitting the Department’s final rule — List- caused within the doors of those clinics Speaker, I move that the House do now ing of Color Additives Exempt From Certifi- every day—to idealize and justify abor- adjourn. cation; Reactive Blue 247 Copolymers [Dock- tion on demand. The motion was agreed to; accord- et Nos.: FDA-2011-C-0344 and FDA-2011-C-0463] They tell themselves that they are ingly (at 5 o’clock and 47 minutes received April 8, 2013, pursuant to 5 U.S.C. really fighting for women. They con- p.m.), under its previous order, the 801(a)(1)(A); to the Committee on Energy and vince themselves that that little flick- House adjourned until tomorrow, Fri- Commerce. day, April 26, 2013, at 10 a.m. 1272. A letter from the Director, Regu- er they see on the ultrasound screen, as latory Management Division, Environmental the baby is savagely torn apart in his f Protection Agency, transmitting the Agen- own mother’s womb, is not the tiny cy’s final rule — Approval and Promulgation EXECUTIVE COMMUNICATIONS, beating heart of another living being. of Implementation Plans; Mississippi; ETC. They lie to themselves year after year, 110(a)(2)(E)(ii) Infrastructure Requirement ignoring the truth that every 5-year- Under clause 2 of rule XIV, executive for the 1997 and 2006 Fine Particulate Matter old child knows instinctively. They de- communications were taken from the National Ambient Air Quality Standards Speaker’s table and referred as follows: [EPA-R04-OAR-2012-0402; FRL-9798-6] re- sensitize themselves to the horrors and ceived April 5, 2013, pursuant to 5 U.S.C. the reality until the violent destruc- 1262. A letter from the Management and 801(a)(1)(A); to the Committee on Energy and tion of a defenseless baby is viewed as Program Analyst, Department of Agri- Commerce. if it were nothing more than having culture, transmitting the Department’s final 1273. A letter from the Director, Regu- one’s tonsils removed. rule — Project-Level Predecisional Adminis- latory Management Division, Environmental Indeed, this is the hope and the goal trative Review Process (RIN: 0596-AD07) re- Protection Agency, transmitting the Agen- ceived April 8, 2013, pursuant to 5 U.S.C. cy’s final rule — Revisions to the California of monsters like Kermit Gosnell or Abu 801(a)(1)(A); to the Committee on Agri- Hayat or Scott Ricke or Gordon Goei State Implementation Plan, Santa Barbara culture. County Air Pollution Control District and or Malvin Weisberg, just to name a few. 1263. A letter from the Director, Policy South Coast Air Quality Management Dis- When Abby Johnson, Brenda Shafer, Issuances Division, Department of Agri- trict [EPA-R09-OAR-2012-0828; FRL-9776-6] re- Nita Whitten, and so many others like culture, transmitting the Department’s final ceived April 5, 2013, pursuant to 5 U.S.C. them saw what abortion really was, rule — Food Ingredients and Sources of Radi- 801(a)(1)(A); to the Committee on Energy and they changed their minds. I would ation Listed and Approved for Use in the Commerce. never suggest that I clearly know what Production of Meat and Poultry Products 1274. A letter from the Director, Regu- [Docket No.: FSIS-2011-0018] (RIN: 0583-AD47) latory Management Division, Environmental sparked the change in their hearts, but received April 8, 2013, pursuant to 5 U.S.C. I am convinced that it is the same Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Agri- cy’s final rule — Approval and Promulgation spark in the human soul that has culture. of Implementation Plans; Georgia: New turned the tide of blood and tragedy 1264. A letter from the Director, Regu- Source Review-Prevention of Significant De- and hatred and inhumanity throughout latory Management Division, Environmental terioration [EPA-R04-OAR-2012-0662; FRL- history. And, Madam Speaker, I am Protection Agency, transmitting the Agen- 9798-5] received April 5, 2013, pursuant to 5 also convinced that it is mankind’s cy’s final rule — Flumioxazin; Pesticide Tol- U.S.C. 801(a)(1)(A); to the Committee on En- only hope. erances [EPA-HQ-OPP-2012-0139; FRL-9381-7] ergy and Commerce. With that, I yield back the balance of received April 5, 2013, pursuant to 5 U.S.C. 1275. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Agri- latory Management Division, Environmental my time. culture. Protection Agency, transmitting the Agen- f 1265. A letter from the Under Secretary, cy’s final rule — Approval and Promulgation LEAVE OF ABSENCE Department of Defense, transmitting a bien- of Implementation Plans; Region 4 States; nial strategic plan for the Defense Advanced Prong 3 of Section 110(a)(2)(D)(i) Infrastruc- By unanimous consent, leave of ab- Research Projects Agency for 2012; to the ture Requirement for the 1997 2006 Fine Par- sence was granted to: Committee on Armed Services. ticulate Matter National Ambient Air Qual- Mr. BURGESS (at the request of Mr. 1266. A letter from the Under Secretary, ity Standards [EPA-R04-OAR-2012-0814; FRL- CANTOR) for today and the balance of Department of Defense, transmitting author- 9799-8] received April 5, 2013, pursuant to 5 the week on account of attending the ization of 11 officers to wear the authorized U.S.C. 801(a)(1)(A); to the Committee on En- opening of the George W. Bush Presi- insignia of the grade of major general or ergy and Commerce. brigadier general; to the Committee on 1276. A letter from the Director, Regu- dential Library in Dallas, Texas. Armed Services. latory Management Division, Environmental Mr. SESSIONS (at the request of Mr. 1267. A letter from the General Counsel, Protection Agency, transmitting the Agen- CANTOR) for today and the balance of National Credit Union Administration, cy’s final rule — Revisions to the California the week on account of attending the transmitting the Administration’s final rule State Implementation Plan, Antelope Valley

VerDate Mar 15 2010 02:12 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K25AP7.088 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2348 CONGRESSIONAL RECORD — HOUSE April 25, 2013 Air Quality Management District and Mon- mitting the Department’s final rule — En- 01] (RIN: 0648-BC01) received April 15, 2013, terey Bay Unified and Santa Barbara County dangered and Threatened Wildlife and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Air Pollution Control Districts [EPA-R09- Plants; Designation of Critical Habitat for mittee on Natural Resources. OAR-2012-0886; FRL-9778-4] received April 5, Southwestern Willow Flycatcher [Docket 1293. A letter from the Acting Deputy Di- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the No.: FWS-R2-ES-2011-0053] (RIN: 1018-AX43) rector, Office of Sustainable Fisheries, Committee on Energy and Commerce. received April 11, 2013, pursuant to 5 U.S.C. NMFS, National Oceanic and Atmospheric 1277. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Natural Administration, transmitting the Adminis- latory Management Division, Environmental Resources. tration’s final rule — Fisheries of the Exclu- Protection Agency, transmitting the Agen- 1286. A letter from the Acting Deputy Di- sive Economic Zone Off Alaska; Pacific Cod cy’s final rule — Revisions to the California rector, Office of Sustainable Fisheries, by Catcher Vessels Using Trawl Gear in the State Implementation Plan, Santa Barbara NMFS, National Oceanic and Atmospheric Central Regulatory Area of the Gulf of Alas- and San Diego County Air Pollution Control Administration, transmitting the Adminis- ka [Docket No.: 111207737-2141-02] (RIN: 0648- Districts [EPA-R09-OAR-2013-0426; FRL-9794- tration’s final rule — Fisheries of the Exclu- XC590) received April 15, 2013, pursuant to 5 4] received April 5, 2013, pursuant to 5 U.S.C. sive Economic Zone Off Alaska; Pacific Cod U.S.C. 801(a)(1)(A); to the Committee on Nat- 801(a)(1)(A); to the Committee on Energy and by Catcher Vessels Using Trawl Gear in the ural Resources. Commerce. Western Regulatory Area of the Gulf of Alas- 1294. A letter from the Acting Deputy Di- 1278. A letter from the Director, Regu- ka [Docket No.: 111207737-2141-02] (RIN: 0648- rector, Office of Sustainable Fisheries, latory Management Division, Environmental XC502] received April 10, 2013, pursuant to 5 NMFS, National Oceanic and Atmospheric Protection Agency, transmitting the Agen- U.S.C. 801(a)(1)(A); to the Committee on Nat- Administration, transmitting the Adminis- cy’s final rule — Revisions to the California ural Resources. tration’s final rule — Fisheries of the Exclu- State Implementation Plan, Butte County 1287. A letter from the Acting Deputy Di- sive Economic Zone Off Alaska; Pacific Cod Air Quality Management District and Sac- rector, Office of Sustainable Fisheries, by Catcher Vessels Less Than 60 feet (18.3 ramento Metropolitan Air Quality Manage- NMFS, National Oceanic and Atmospheric meters) Length Overall Using Jig of Hook- ment District [EPA-R09-OAR-2012-0914; FRL- Administration, transmitting the Adminis- and-Line Gear in the Bogoslof Pacific Cod 9776-8] received April 5, 2013, pursuant to 5 tration’s final rule — Fisheries of the Exclu- Exemption Area in the Bering Sea and Aleu- U.S.C. 801(a)(1)(A); to the Committee on En- sive Economic Zone Off Alaska; Pacific Cod tian Islands Management Area [Docket No.: ergy and Commerce. by Catcher Vessels Greater Than or Equal to 111213751-2102-02] (RIN: 0648-XC596) received 1279. A letter from the Acting General 50 Feet (15.2 Meters) Length Overall using April 15, 2013, pursuant to 5 U.S.C. Counsel, Federal Energy Regulatory Com- Hook-and-Line Gear in the Central Regu- 801(a)(1)(A); to the Committee on Natural mission, transmitting the Commission’s latory Area of the Gulf of Alaska [Docket Resources. final rule — Regional Reliability Standard No.: 120918468-3111-02] (RIN: 0648-XC585) re- 1295. A letter from the Director, Office of PRC-006-NPCC-1 —— Automatic Underfre- ceived April 15, 2013, pursuant to 5 U.S.C. Sustainable Fisheries, NMFS, National Oce- quency Load Shedding [Docket No.: RM12-12- 801(a)(1)(A); to the Committee on Natural anic and Atmospheric Administration, trans- 000; Order No. 775] received April 5, 2013, pur- Resources. mitting the Administration’s final rule — suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1288. A letter from the Director, Office of Fisheries Off West Coast States; Coastal Pe- mittee on Energy and Commerce. Sustainable Fisheries, NMFS, National Oce- lagic Species Fisheries; Annual Specifica- 1280. A letter from the Chief of Staff, Media anic and Atmospheric Administration, trans- tions [Docket No.: 120924487-3221-02] (RIN: Bureau, Federal Energy Regulatory Commis- mitting the Administration’s final rule — 0648-XC263) received April 15, 2013, pursuant sion, transmitting the Commission’s final Pacific Halibut Fisheries; Catch Sharing to 5 U.S.C. 801(a)(1)(A); to the Committee on rule — Reallocation of Channel 2 from Jack- Plan [Docket No.: 130123063-3207-02] (RIN: Natural Resources. son, Wyoming to Wilmington, Delaware, 0648-BC75) received April 15, 2013, pursuant to 1296. A letter from the Acting Deputy Di- Amendment of Section 73.622(i), Post-Transi- 5 U.S.C. 801(a)(1)(A); to the Committee on rector, Office of Sustainable Fisheries, tion Table of DTV Allotments, Television Natural Resources. NMFS, National Oceanic and Atmospheric Broadcast Stations [MD Docket No.: 13-73] 1289. A letter from the Director, Office of Administration, transmitting the Adminis- (RM-11695) received April 15, 2013, pursuant Sustainable Fisheries, NMFS, National Oce- tration’s final rule — Fisheries of the Exclu- to 5 U.S.C. 801(a)(1)(A); to the Committee on anic and Atmospheric Administration, trans- sive Economic Zone Off Alaska; Sablefish Energy and Commerce. mitting the Administration’s final rule — Managed Under the Individual Fishing Quota 1281. A letter from the Acting General Fisheries of the Northeastern United States; Program [Docket No.: 111207737-2141-02 and Counsel, Federal Energy Regulatory Com- Atlantic Mackerel, Squid, and Butterfish 111211375-2102-02] (RIN: 0648-XC569) received mission, transmitting the Commission’s Fisheries; Framework Adjustment 7 [Docket April 15, 2013, pursuant to 5 U.S.C. final rule — Revisions to Reliability Stand- No.: 121128658-3161-02] (RIN: 0648-BC72) re- 801(a)(1)(A); to the Committee on Natural ard for Transmission Vegetation Manage- ceived April 15, 2013, pursuant to 5 U.S.C. Resources. ment [Docket No.: RM12-4-00; Order No. 777] 801(a)(1)(A); to the Committee on Natural 1297. A letter from the Acting Deputy Di- received April 15, 2013, pursuant to 5 U.S.C. Resources. rector, Office of Sustainable Fisheries, Na- 801(a)(1)(A); to the Committee on Energy and 1290. A letter from the Director, Office of tional Oceanic and Atmospheric Administra- Commerce. Sustainable Fisheries, NMFS, National Oce- tion, transmitting the Administration’s final 1282. A letter from the Assistant Secretary anic and Atmospheric Administration, trans- rule — Fisheries of the Caribbean, Gulf of For Export Administration, Department of mitting the Administration’s final rule — Mexico, and South Atlantic; 2013 Commer- Commerce, transmitting the Department’s Magnuson-Stevens Act Provisions; Fisheries cial Accountability Measure and Closure for final rule — Amendments to Existing Vali- of the Northeastern United States; North- Coastal Migratory Pelagic Resources of the dated End-User Authorizations: CSMC Tech- east Multispecies Fishery; Sector Exemp- Gulf of Mexico and South Atlantic [Docket nologies Corporation in the People’s Repub- tions; Final Rule Implementing a Targeted No.: 001005281-0369-02] (RIN: 0648-XC570) re- lic of China (PRC) [Docket No.: 130322279- Acadian Redfish Fishery for Sector Vessels ceived April 15, 2013, pursuant to 5 U.S.C. 3279-01] (RIN: 0694-AF90) received April 18, [Docket No.: 120813331-3122-02] (RIN: 0648- 801(a)(1)(A); to the Committee on Natural 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the XC164) received April 15, 2013, pursuant to 5 Resources. Committee on Foreign Affairs. U.S.C. 801(a)(1)(A); to the Committee on Nat- 1298. A letter from the Acting Under Sec- 1283. A letter from the Acting Assistant ural Resources. retary and Acting Director, Department of Secretary, Legislative Affairs, Department 1291. A letter from the Acting Deputy Di- Commerce, transmitting the Department’s of State, transmitting the Department’s rector, Office of Sustainable Fisheries, final rule — Setting and Adjusting Patent final rule — Implementation of the Defense NMFS, National Oceanic and Atmospheric Fees; Correction [Docket No.: PTO-C-2013- Trade Cooperation Treaty Between the Administration, transmitting the Adminis- 0010] (RIN: 0651-AC86) received April 9, 2013, United States and Australia (RIN: 1400-AD38) tration’s final rule — Fisheries of the Exclu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- received April 9, 2013, pursuant to 5 U.S.C. sive Economic Zone Off Alaska; Pacific Cod mittee on the Judiciary. 801(a)(1)(A); to the Committee on Foreign Af- by Catcher Vessels Less Than 50 Feet (15.2 1299. A letter from the Attorney-Advisor, fairs. Meters) Length Overall Using Hook-and-Line Department of Homeland Security, transmit- 1284. A letter from the Chief, Branch of FS, Gear in the Central Regulatory Area of the ting the Department’s final rule — Safety Department of the Interior, transmitting the Gulf of Alaska [Docket No.: 120918468-3111-02] Zone; Lubbers Cup Regatta; Spring Lake, MI Department’s final rule — Endangered and (RIN: 0648-XC584) received April 15, 2013, pur- [Docket No.: USCG-2013-0210] (RIN: 1624- Threatened Wildlife and Plants; Listing the suant to 5 U.S.C. 801(a)(1)(A); to the Com- AA00) received April 18, 2013, pursuant to 5 Yellow-Billed Parrot With Special Rule, and mittee on Natural Resources. U.S.C. 801(a)(1)(A); to the Committee on Correcting the Salmon-Crested Cockatoo 1292. A letter from the Director, Office of Transportation and Infrastructure. Special Rule [Docket No.: FWS-R9-ES-2011- Sustainable Fisheries, NMFS, National Oce- 1300. A letter from the Attorney-Advisor, 0075]; [4500030115] (RIN: 1018-AY28) received anic and Atmospheric Administration, trans- Department of Homeland Security, transmit- April 11, 2013, pursuant to 5 U.S.C. mitting the Administration’s final rule — ting the Department’s final rule — Draw- 801(a)(1)(A); to the Committee on Natural Fisheries Off West Coast States; Pacific bridge Operation Regulations; Pelican Island Resources. Coast Groundfish Fishery; Trawl Rational- Causeway, Galveston, Channel, TX [Docket 1285. A letter from the Chief, Branch of ization Program; Reconsideration of Alloca- No.: USCG-2013-0063] (RIN: 1625-AA09) re- Listing, Department of the Interior, trans- tion of Whiting [Docket No.: 120313185-3252- ceived April 18, 2013, pursuant to 5 U.S.C.

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A letter from the Deputy Assistant Under clause 2 of rule XII, public mined by the Speaker, in each case for con- Chief Counsel for Safety, Department of bills and resolutions of the following sideration of such provisions as fall within Transportation, transmitting the Depart- titles were introduced and severally re- the jurisdiction of the committee concerned. ment’s final rule — Vehicle/Track Inter- ferred, as follows: By Mr. WALZ (for himself, Mr. FOR- action Safety Standards; High-Speed and By Mr. LOBIONDO (for himself, Mr. TENBERRY, Mr. GIBSON, and Mr. High Cant Deficiency Operations [Docket BRADY of Pennsylvania, and Mr. PETERSON): H.R. 1727. A bill to expand and improve op- No.: FRA-2009-0036, Notice No. 2] (RIN: 2130- JONES): AC09) received April 9, 2013, pursuant to 5 H.R. 1721. A bill to direct the Secretary of portunities for beginning farmers and ranch- U.S.C. 801(a)(1)(A); to the Committee on Defense to prohibit the performance of De- ers, and for other purposes; to the Com- Transportation and Infrastructure. partment of Defense flight demonstration mittee on Agriculture, and in addition to the 1302. A letter from the Paralegal Spe- teams outside the United States; to the Com- Committee on the Budget, for a period to be cialist, Department of Transportation, trans- mittee on Armed Services. subsequently determined by the Speaker, in mitting the Department’s final rule — Air- each case for consideration of such provi- By Mr. MCKINLEY (for himself, Mr. worthiness Directives; The Boeing Company sions as fall within the jurisdiction of the ENYART, Mr. GRIFFITH of Virginia, Airplanes [Docket No.: FAA-2005-22523; Di- committee concerned. and Mr. ROE of Tennessee): rectorate Identifier 2005-NM-058-AD: Amend- H.R. 1722. A bill to direct the Secretary of By Mr. RANGEL: H.R. 1728. A bill to repeal certain appro- ment 39-17379; AD 2013-0507] (RIN: 2120-AA64) Labor to conduct a review of the forms re- priations riders that limit the ability of the received April 9, 2013, pursuant to 5 U.S.C. lated to obtaining workers’ compensation Bureau of Alcohol, Tobacco, Firearms, and 801(a)(1)(A); to the Committee on Transpor- benefits under the Federal Black Lung Bene- Explosives to administer the Federal fire- tation and Infrastructure. fits Program; to the Committee on Edu- 1303. A letter from the Paralegal Spe- arms laws; to the Committee on the Judici- cation and the Workforce. cialist, Department of Transportation, trans- ary. By Ms. SCHAKOWSKY (for herself, Mr. mitting the Department’s final rule — Air- By Mrs. KIRKPATRICK (for herself and CONYERS, Ms. EDWARDS, Ms. MCCOL- worthiness Directives; The Boeing Company Mr. COFFMAN): LUM, Mr. YARMUTH, Ms. LEE of Cali- Airplanes [Docket No.: FAA-2008-0847; Direc- H.R. 1729. A bill to direct the Secretary of fornia, and Mr. GUTIERREZ): torate Identifier 2008-NM-056-AD; Amend- Defense to provide the service records of vet- H.R. 1723. A bill to amend the Internal Rev- ment 39-17375; AD 2013-05-03] (RIN: 2120-AA64) erans to the Secretary of Veterans Affairs in enue Code of 1986 to impose increased rates received April 9, 2013, pursuant to 5 U.S.C. an efficient, electronic format; to the Com- of tax with respect to taxpayers with more 801(a)(1)(A); to the Committee on Transpor- mittee on Armed Services. than $1,000,000 taxable income, and for other tation and Infrastructure. By Mr. ENGEL (for himself and Ms. purposes; to the Committee on Ways and 1304. A letter from the Paralegal Spe- NORTON): cialist, Department of Transportation, trans- Means. H.R. 1730. A bill to amend the Communica- mitting the Department’s final rule — Air- By Mr. HARPER (for himself, Mr. tions Act of 1934 to prohibit mobile service worthiness Directives; The Boeing Company COLE, Mr. BARLETTA, Mr. HULTGREN, providers from providing service on mobile Airplanes [Docket No.: FAA-2012-0597; Direc- Ms. JENKINS, Mr. MEEHAN, and Mrs. devices that have been reported stolen, to re- torate Identifier 2012-NM-054-AD; Amend- WALORSKI): quire such providers to give consumers the ment 39-17377; AD 2013-05-05] (RIN: 2120-AA64) H.R. 1724. A bill to eliminate taxpayer fi- ability to remotely delete data from mobile received April 9, 2013, pursuant to 5 U.S.C. nancing of presidential campaigns and party devices, to prohibit the alteration or re- 801(a)(1)(A); to the Committee on Transpor- conventions and reprogram savings to pro- moval of mobile device identification num- tation and Infrastructure. vide for a 10-year pediatric research initia- bers, and for other purposes; to the Com- 1305. A letter from the FMCSA Regulatory tive through the Common Fund administered mittee on Energy and Commerce. Ombudsman, Department of Transportation, by the National Institutes of Health, and for By Mr. SCHRADER (for himself, Mr. transmitting the Department’s final rule — other purposes; to the Committee on Energy DENHAM, Mr. FARR, Mr. FITZPATRICK, Commercial Driver’s License Testing and and Commerce, and in addition to the Com- Mr. CAMPBELL, and Mr. HUFFMAN): Commercial Learner’s Permit Standards mittees on House Administration, and Ways H.R. 1731. A bill to provide for a uniform [Docket No.: FMCSA-2007-27659] (RIN: 2126- and Means, for a period to be subsequently national standard for the housing and treat- AB59) received April 9, 2013, pursuant to 5 determined by the Speaker, in each case for ment of egg-laying hens, and for other pur- U.S.C. 801(a)(1)(A); to the Committee on consideration of such provisions as fall with- poses; to the Committee on Agriculture. Transportation and Infrastructure. in the jurisdiction of the committee con- By Ms. BASS (for herself, Mr. MARINO, 1306. A letter from the Trial Attorney, De- cerned. Mr. CHABOT, Mr. FARENTHOLD, Mr. partment of Transportation, transmitting By Mr. CARTWRIGHT (for himself, GRIJALVA, Ms. JACKSON LEE, Mr. the Department’s final rule — Systems for Mrs. BEATTY, Mr. BRADY of Pennsyl- MCDERMOTT, Mr. JOHNSON of Ohio, Telephonic Notification of Unsafe Conditions vania, Mr. BUTTERFIELD, Mrs. CAPPS, Ms. MOORE, Mrs. NAPOLITANO, Mr. at Highway-Rail and Pathway Grade Cross- Mr. CA´ RDENAS, Mr. CARSON of Indi- POLIS, Mr. RANGEL, and Mr. VARGAS): ings (RIN: 2130-AC38) received April, 9, 2013, ana, Mrs. CHRISTENSEN, Ms. CHU, Mr. H.R. 1732. A bill to amend part E of title IV pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- CONYERS, Mr. DEFAZIO, Mr. DEUTCH, of the Social Security Act to better enable mittee on Transportation and Infrastruc- Mr. DOGGETT, Mr. ENYART, Ms. ESTY, State child welfare agencies to prevent ture. Mr. FATTAH, Ms. FRANKEL of Florida, human trafficking of children and serve the 1307. A letter from the Paralegal Spe- Ms. GABBARD, Mr. GRIJALVA, Ms. needs of children who are victims of human cialist, Department of Transportation, trans- HAHN, Mr. HIGGINS, Mr. HINOJOSA, trafficking, and for other purposes; to the mitting the Department’s final rule — Air- Mr. HOLT, Mr. HONDA, Mr. HORSFORD, Committee on Ways and Means, and in addi- worthiness Directives; PILATUS AIRCRAFT Ms. JACKSON LEE, Ms. EDDIE BERNICE tion to the Committee on Education and the LTD. Airplanes [Docket No.: FAA-2008-0070; JOHNSON of Texas, Mr. JONES, Mr. Workforce, for a period to be subsequently Directorate Identifier 2007-CE-098-AD; KILDEE, Ms. KUSTER, Ms. LEE of Cali- determined by the Speaker, in each case for Amendment 39-17398; AD 2008-07-11 R1] (RIN: fornia, Mrs. LOWEY, Mrs. MCCARTHY consideration of such provisions as fall with- 2120-AA64) received April 9, 2013, pursuant to of New York, Mr. MCGOVERN, Mrs. in the jurisdiction of the committee con- 5 U.S.C. 801(a)(1)(A); to the Committee on NAPOLITANO, Mr. NEAL, Mr. NOLAN, cerned. Transportation and Infrastructure. Ms. NORTON, Mr. PASCRELL, Mr. PAS- By Mrs. BLACKBURN (for herself, Mr. 1308. A letter from the Paralegal Spe- TOR of Arizona, Mr. PETERS of Michi- MATHESON, Mr. GRIFFITH of Virginia, cialist, Department of Transportation, trans- gan, Mr. RANGEL, Mr. RUSH, Mr. Mr. GRIMM, Mr. DESJARLAIS, Mrs. mitting the Department’s final rule — Estab- RYAN of Ohio, Ms. SHEA-PORTER, Ms. BLACK, and Mr. BILIRAKIS): lishment of Class E Airspace; Round Moun- SPEIER, Mr. TONKO, Ms. WATERS, Ms. H.R. 1733. A bill to amend the Public tain, TX [Docket No.: FAA-2012-0771; Air- DELAURO, Mr. LARSEN of Washington, Health Service Act to limit the liability of space Docket No. 12-ASW-7] received April 9, Ms. KAPTUR, and Ms. SINEMA): health care professionals who volunteer to 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 1725. A bill to amend title 38, United provide health care services in response to a Committee on Transportation and Infra- States Code, to provide for unlimited eligi- disaster; to the Committee on Energy and structure. bility for health care for mental illnesses for Commerce, and in addition to the Committee 1309. A letter from the Director of Regula- veterans of combat service during certain pe- on the Judiciary, for a period to be subse- tion Policy and Management, Office of the riods of hostilities and war; to the Com- quently determined by the Speaker, in each General Counsel, Department of Veterans Af- mittee on Veterans’ Affairs. case for consideration of such provisions as fairs, transmitting the Department’s final By Mr. POSEY (for himself and Mr. fall within the jurisdiction of the committee rule — Grants to States for Construction or PIERLUISI): concerned. Acquisition of State Homes (RIN: 2900-AO60) H.R. 1726. A bill to award a Congressional By Mr. CAPUANO (for himself, Mr. received April 10, 2013, pursuant to 5 U.S.C. Gold Medal to the 65th Infantry Regiment, CICILLINE, Mr. CONNOLLY, Mr. CON- 801(a)(1)(A); to the Committee on Veterans’ known as the Borinqueneers; to the Com- YERS, Mr. CUMMINGS, Mrs. DAVIS of Affairs. mittee on Financial Services, and in addi- California, Mr. DEFAZIO, Ms.

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DELAURO, Ms. EDWARDS, Mr. ELLISON, H.R. 1738. A bill to amend the Internal Rev- SPEIER, Mr. LYNCH, Mr. CARSON of In- Ms. ESHOO, Mr. FARR, Mr. GRIJALVA, enue Code of 1986 to extend and modify the diana, Mr. RANGEL, Mr. TONKO, Mr. Mr. LARSON of Connecticut, Mr. American Opportunity Tax Credit, and for CLAY, Mr. BUTTERFIELD, Mr. LYNCH, Mrs. CAROLYN B. MALONEY of other purposes; to the Committee on Ways CA´ RDENAS, Mr. CUMMINGS, Ms. New York, Mr. MARKEY, Mr. MCGOV- and Means. DELBENE, Mr. BISHOP of Georgia, Mr. ERN, Mr. MICHAUD, Ms. MOORE, Mr. By Mr. ENYART (for himself and Mr. MCDERMOTT, Ms. WILSON of Florida, MORAN, Ms. NORTON, Ms. PINGREE of ISRAEL): and Mr. SERRANO): Maine, Ms. SHEA-PORTER, and Ms. H.R. 1739. A bill to amend title 38, United H.R. 1748. A bill to amend the Help Amer- SLAUGHTER): States Code, to direct the Secretary of Vet- ica Vote Act of 2002 to permit an individual H.R. 1734. A bill to amend the Securities erans Affairs to pay provisional benefits for who is subject to a requirement to present Exchange Act of 1934 to require shareholder certain nonadjudicated claims, and for other identification as a condition of voting in an authorization before a public company may purposes; to the Committee on Veterans’ Af- election for Federal office to meet such re- make certain political expenditures, and for fairs. quirement by presenting a sworn written other purposes; to the Committee on Finan- By Mr. FORBES (for himself and Mr. statement attesting to the individual’s iden- cial Services. LIPINSKI): tification, and for other purposes; to the By Mr. CASSIDY: H.R. 1740. A bill to intensify stem cell re- Committee on House Administration. H.R. 1735. A bill to amend the Patient Pro- search showing evidence of substantial clin- By Ms. LEE of California (for herself, tection and Affordable Care Act to provide ical benefit to patients, and for other pur- Ms. BROWN of Florida, Mr. CAPUANO, for participation in the Exchange of the poses; to the Committee on Energy and Com- Mrs. CHRISTENSEN, Ms. CLARKE, Mr. President, Vice President, and Executive merce. CLAY, Mr. CONYERS, Mr. AL GREEN of cabinet officials in same manner as Members By Mr. GOODLATTE (for himself and Texas, Mr. GRIJALVA, Mr. HASTINGS of Congress and Congressional staff; to the Mr. DAVID SCOTT of Georgia): of Florida, Mr. JOHNSON of Georgia, Committee on Oversight and Government H.R. 1741. A bill to establish a dairy pro- Mr. MCGOVERN, Mr. MEEKS, Ms. Reform, and in addition to the Committee on ducer margin insurance program for the pur- MOORE, Ms. NORTON, Mr. RANGEL, Mr. Energy and Commerce, for a period to be pose of protecting dairy producer income by RUSH, Ms. SCHAKOWSKY, Ms. subsequently determined by the Speaker, in paying participating dairy producers margin WASSERMAN SCHULTZ, Ms. WILSON of each case for consideration of such provi- insurance payments when actual dairy pro- Florida, Ms. WATERS, Mrs. BEATTY, sions as fall within the jurisdiction of the ducer margins are less than a threshold Ms. ROYBAL-ALLARD, Mr. THOMPSON committee concerned. level, and for other purposes; to the Com- of Mississippi, and Mr. RICHMOND): By Mrs. DAVIS of California (for her- mittee on Agriculture. H.R. 1749. A bill to measure the progress of self, Mr. POLIS, Mr. BEN RAY LUJA´ N By Mr. HECK of Nevada (for himself, recovery and development efforts in Haiti of New Mexico, Ms. BORDALLO, and Mr. WEBSTER of Florida, Mr. GARD- following the earthquake of January 12, 2010, Ms. ROYBAL-ALLARD): and for other purposes; to the Committee on H.R. 1736. A bill to amend the Elementary NER, Mr. RENACCI, Mr. KILMER, Mr. and Secondary Education Act of 1965 to re- BUCSHON, and Mr. CARNEY): Foreign Affairs. cruit, prepare, and support principals H.R. 1742. A bill to exclude from consider- By Mr. LUETKEMEYER (for himself, through capacity-building measures that ation as income under the United States Mr. WESTMORELAND, and Mr. GARY G. will improve student academic achievement Housing Act of 1937 payments of pension MILLER of California): H.R. 1750. A bill to enhance the ability of in high-need schools; to the Committee on made under section 1521 of title 38, United Education and the Workforce. States Code, to veterans who are in need of community financial institutions to foster economic growth and serve their commu- By Ms. DELAURO (for herself, Mr. regular aid and attendance, and for other nities, boost small businesses, increase indi- KINZINGER of Illinois, Mr. RYAN of purposes; to the Committee on Financial vidual savings, and for other purposes; to the Ohio, Mr. MICHAUD, Mr. CICILLINE, Services. Mr. LOEBSACK, Ms. DUCKWORTH, Ms. By Mr. HOLT (for himself, Mr. GRI- Committee on Financial Services. LEE of California, and Mr. RODNEY JALVA, Ms. CASTOR of Florida, Ms. By Mrs. CAROLYN B. MALONEY of DAVIS of Illinois): SLAUGHTER, Mrs. CAPPS, Mr. POLIS, New York (for herself, Mr. POLIS, Mr. H.R. 1737. A bill to amend the Internal Rev- and Mr. MARKEY): CONYERS, Mr. GRIJALVA, Ms. WILSON enue Code of 1986 to allow manufacturing H.R. 1743. A bill to amend the Oil Pollution of Florida, Mr. CICILLINE, Ms. LEE of businesses to establish tax-free manufac- Act of 1990 to require responsible parties to California, Mr. POCAN, Mr. KEATING, turing reinvestment accounts to assist them pay the full cost of offshore oil spills, and for Mrs. DAVIS of California, Mr. in providing for new equipment and facilities other purposes; to the Committee on Trans- LOWENTHAL, Mr. NADLER, Ms. MOORE, and workforce training; to the Committee on portation and Infrastructure. Mr. ENGEL, Ms. NORTON, Mr. GEORGE Ways and Means. By Mr. HORSFORD: MILLER of California, Mr. ELLISON, By Mr. DOGGETT (for himself, Mr. H.R. 1744. A bill to provide for the imple- and Ms. TITUS): DANNY K. DAVIS of Illinois, Mr. mentation of the multispecies habitat con- H.R. 1751. A bill to amend the Family and BECERRA, Mr. BLUMENAUER, Mr. servation plan for the Virgin River, Nevada, Medical Leave Act of 1993 and title 5, United CROWLEY, Mr. KIND, Mr. LARSON of and Lincoln County, Nevada, to extend the States Code, to permit leave to care for a do- Connecticut, Mr. CARSON of Indiana, authority to purchase certain parcels of pub- mestic partner, parent-in-law, adult child, Mr. LEWIS, Mr. MCDERMOTT, Mr. PAS- lic land, and for other purposes; to the Com- sibling, grandchild, or grandparent who has a CRELL, Mr. RANGEL, Ms. LINDA T. mittee on Natural Resources. serious health condition, and for other pur- SA´ NCHEZ of California, Ms. SCHWARTZ, By Mr. ISRAEL (for himself and Mr. poses; to the Committee on Education and Mr. LEVIN, Mr. VAN HOLLEN, Mr. KING of New York): the Workforce, and in addition to the Com- HINOJOSA, Mr. ANDREWS, Mrs. CAPPS, H.R. 1745. A bill to direct the Adminis- mittees on House Administration, and Over- Mr. CA´ RDENAS, Ms. CASTOR of Flor- trator of the Federal Aviation Administra- sight and Government Reform, for a period ida, Mrs. CHRISTENSEN, Mr. CICILLINE, tion to issue regulations regarding secondary to be subsequently determined by the Speak- Mr. COHEN, Mr. CUELLAR, Mr. CUM- cockpit barriers; to the Committee on Trans- er, in each case for consideration of such pro- MINGS, Ms. FUDGE, Mr. GALLEGO, Mr. portation and Infrastructure. visions as fall within the jurisdiction of the GARAMENDI, Mr. AL GREEN of Texas, By Mr. KING of Iowa: committee concerned. Mr. GENE GREEN of Texas, Mr. HAS- H.R. 1746. A bill to amend the National By Mr. MARINO: TINGS of Florida, Mr. HOLT, Mr. Labor Relations Act to protect employer H.R. 1752. A bill to amend the Food and Nu- HONDA, Ms. EDDIE BERNICE JOHNSON rights; to the Committee on Education and trition Act of 2008 to require retail food of Texas, Ms. LEE of California, Mr. the Workforce. stores to collect, and report to the Secretary LOEBSACK, Ms. MATSUI, Ms. MCCOL- By Ms. KUSTER: of Agriculture, detailed information that LUM, Ms. MOORE, Mr. PASTOR of Ari- H.R. 1747. A bill to allow employers a cred- identifies food items purchased with benefits zona, Mr. RYAN of Ohio, Ms. SCHA- it against income tax as an incentive to provided under the supplemental nutrition KOWSKY, Ms. SHEA-PORTER, Mr. SHER- partner with community colleges or other assistance program; and to require the Sec- MAN, Mr. SIRES, Ms. SPEIER, Mr. educational institutions to improve work- retary to compile and publish such informa- THOMPSON of Mississippi, Mr. VELA, force development and job training for stu- tion; to the Committee on Agriculture. Mr. WELCH, Mr. YARMUTH, Mr. POCAN, dents; to the Committee on Ways and Means. By Mr. PALLONE (for himself, Mr. Ms. JACKSON LEE, Mrs. NEGRETE By Mr. LARSEN of Washington (for BISHOP of New York, Mr. RUNYAN, MCLEOD, Mr. VARGAS, Mr. TONKO, Mr. himself, Ms. BROWN of Florida, Mr. Mr. GRIMM, and Mr. LOBIONDO): DEFAZIO, Mr. GRIJALVA, Ms. BLUMENAUER, Ms. LEE of California, H.R. 1753. A bill making supplemental ap- EDWARDS, Ms. WILSON of Florida, Ms. Ms. DEGETTE, Mr. ELLISON, Mr. GRI- propriations for the National Oceanic and TITUS, Mrs. DAVIS of California, Mr. JALVA, Mr. HONDA, Mr. FARR, Ms. Atmospheric Administration for fisheries NADLER, Mr. RUSH, Ms. BASS, Mr. CHU, Mr. SMITH of Washington, Mr. disasters, and for other purposes; to the BUTTERFIELD, Mr. CAPUANO, Mr. BECERRA, Mr. COHEN, Ms. NORTON, Committee on Appropriations, and in addi- CLEAVER, Mr. DOYLE, Mr. FATTAH, Mr. LEWIS, Ms. BORDALLO, Ms. tion to the Committee on the Budget, for a Mr. DEUTCH, Mr. KILDEE, and Mr. SCHWARTZ, Mr. RUSH, Mr. JOHNSON of period to be subsequently determined by the PRICE of North Carolina): Georgia, Mr. DEUTCH, Ms. MOORE, Ms. Speaker, in each case for consideration of

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such provisions as fall within the jurisdic- H.R. 1755. A bill to prohibit employment CAPPS, Ms. WATERS, Ms. ROYBAL- tion of the committee concerned. discrimination on the basis of sexual ori- ALLARD, Mr. LOWENTHAL, Mr. HONDA, By Mr. PETERS of Michigan (for him- entation or gender identity; to the Com- Mr. HECK of Washington, Ms. self, Mr. ROSS, and Mr. ELLISON): mittee on Education and the Workforce, and DELBENE, Mr. PETRI, and Mr. H.R. 1754. A bill to establish pilot programs in addition to the Committees on House Ad- GARAMENDI): to encourage the use of shared appreciation ministration, Oversight and Government Re- H.R. 1763. A bill to direct the Secretary of mortgage modifications, and for other pur- form, and the Judiciary, for a period to be Education to establish and administer an poses; to the Committee on Financial Serv- subsequently determined by the Speaker, in awards program recognizing excellence ex- ices. each case for consideration of such provi- hibited by public school system employees By Mr. POLIS (for himself, Mr. AN- sions as fall within the jurisdiction of the providing services to students in pre-kinder- DREWS, Mr. COHEN, Ms. BASS, Mr. committee concerned. garten through higher education; to the CONNOLLY, Mrs. BEATTY, Mr. CON- By Mr. POSEY: Committee on Education and the Workforce. H.R. 1756. A bill to authorize the Secretary YERS, Mr. BECERRA, Mr. COOPER, Mr. By Ms. SLAUGHTER (for herself, Mr. of Defense to transport to any country, with- BISHOP of New York, Mr. COURTNEY, BURGESS, Ms. SCHAKOWSKY, and Ms. out charge, supplies that have been furnished Mr. BLUMENAUER, Mr. CROWLEY, Ms. SPEIER): by a nonprofit organization and that are in- BONAMICI, Mr. CUMMINGS, Mr. BRADY H. Res. 180. A resolution recognizing the tended for distribution to members of the of Pennsylvania, Mrs. DAVIS of Cali- sequencing of the human genome as one of Armed Forces, and for other purposes; to the fornia, Mr. BRALEY of Iowa, Mr. the most significant scientific accomplish- Committee on Armed Services. DEFAZIO, Mrs. CAPPS, Ms. DEGETTE, ments of the past 100 years and expressing By Mr. POSEY (for himself and Mrs. Mr. CA´ RDENAS, Mr. DELANEY, Mr. support for the designation of April 25, 2013, CAROLYN B. MALONEY of New York): CARNEY, Ms. DELAURO, Mr. CARSON of as ‘‘DNA Day’’; to the Committee on Energy H.R. 1757. A bill to direct the Secretary of Indiana, Ms. DELBENE, Mr. CART- and Commerce. Health and Human Services to conduct or WRIGHT, Mr. DEUTCH, Ms. CASTOR of By Mr. BRALEY of Iowa (for himself support a comprehensive study comparing Florida, Mr. DINGELL, Mr. CASTRO of and Ms. EDDIE BERNICE JOHNSON of total health outcomes, including risk of au- Texas, Mr. DOGGETT, Ms. CHU, Mr. Texas): tism, in vaccinated populations in the DOYLE, Mr. CICILLINE, Ms. H. Res. 181. A resolution supporting the United States with such outcomes in DUCKWORTH, Ms. CLARKE, Ms. goals and ideals of Workers’ Memorial Day unvaccinated populations in the United EDWARDS, Mr. CLAY, Mr. ELLISON, Mr. in order to honor and remember the workers States, and for other purposes; to the Com- ENGEL, Mr. FARR, Mr. FATTAH, Ms. who have been killed or injured in the work- mittee on Energy and Commerce. FRANKEL of Florida, Ms. FUDGE, Mr. place; to the Committee on Education and By Ms. ROS-LEHTINEN (for herself, GARCIA, Mr. AL GREEN of Texas, Mr. the Workforce. Mr. DIAZ-BALART, Ms. WASSERMAN GRIJALVA, Mr. GUTIERREZ, Ms. HAHN, By Ms. DELBENE (for herself, Mr. SCHULTZ, Ms. WILSON of Florida, and Ms. HANABUSA, Mr. HANNA, Mr. HAS- VARGAS, Mr. DEFAZIO, Mr. BENISHEK, Mr. GARCIA): TINGS of Florida, Mr. HECK of Wash- Mr. HASTINGS of Washington, Mr. H.R. 1758. A bill to increase the portion of SEAN PATRICK MALONEY of New York, ington, Mr. HIGGINS, Mr. HIMES, Mr. community development block grants that HINOJOSA, Mr. HOLT, Mr. HONDA, Mr. Ms. KUSTER, Mr. SCHRADER, Mr. may be used to provide public services, and MCGOVERN, Mr. GARAMENDI, and Mr. HORSFORD, Mr. HUFFMAN, Mr. ISRAEL, for other purposes; to the Committee on Fi- Ms. JACKSON LEE, Ms. EDDIE BERNICE REICHERT): nancial Services. H. Res. 182. A resolution expressing the JOHNSON of Texas, Mr. JOHNSON of By Mr. RUIZ (for himself, Mr. Georgia, Ms. KAPTUR, Mr. KEATING, sense of the House of Representatives that CA´ RDENAS, Mrs. KIRKPATRICK, Mr. Mr. KENNEDY, Mr. KILDEE, Mr. KIL- specialty crops are a vital part of agriculture BARBER, Mrs. NEGRETE MCLEOD, Mr. MER, Mr. KIND, Mrs. KIRKPATRICK, Ms. in the United States, that the Committee on TAKANO, and Mr. COOK): Agriculture should propose funding for pro- KUSTER, Mr. LANGEVIN, Mr. LARSEN H.R. 1759. A bill to amend title 38, United grams that support specialty crops prior- of Washington, Mr. LARSON of Con- States Code, to direct the Secretary of Vet- ities, and that legislation should be passed necticut, Ms. LEE of California, Mr. erans Affairs to submit to Congress quar- that includes funding reflecting specialty LEVIN, Mr. LEWIS, Mr. LOEBSACK, Ms. terly reports on the timeliness in which the crops as a growing and important part of LOFGREN, Mr. LOWENTHAL, Mrs. Department of Veterans Affairs receives cer- United States agriculture; to the Committee LOWEY, Ms. MICHELLE LUJAN GRISHAM tain information from other departments or ´ on Agriculture. of New Mexico, Mr. BEN RAY LUJAN agencies of the United States; to the Com- By Mr. ROHRABACHER: of New Mexico, Mr. LYNCH, Ms. MAT- mittee on Veterans’ Affairs. H. Res. 183. A resolution expressing the SUI, Mr. MAFFEI, Mrs. CAROLYN B. By Mr. SCHIFF: sense of the House of Representatives that MALONEY of New York, Mr. SEAN H.R. 1760. A bill to establish an entre- the Broadcasting Board of Governors should PATRICK MALONEY of New York, Mr. preneur-based immigrant category for alien broadcast and direct Azeri language content MARKEY, Mr. MATHESON, Mrs. MCCAR- entrepreneurs who have completed or are in into the Islamic Republic of Iran and Baloch THY of New York, Ms. MCCOLLUM, Mr. the process of completing a degree in language content into the Islamic Republic MCDERMOTT, Mr. MCGOVERN, Ms. Science, Engineering, Math or a technology- of Iran and the Islamic Republic of Pakistan; MENG, Mr. MICHAUD, Mr. GEORGE related field; to the Committee on the Judi- to the Committee on Foreign Affairs. MILLER of California, Ms. MOORE, Mr. ciary. By Mr. ROHRABACHER: MORAN, Mr. MURPHY of Florida, Mr. By Mr. TERRY: NADLER, Mrs. NAPOLITANO, Ms. NOR- H.R. 1761. A bill to amend title XIX of the H. Res. 184. A resolution expressing the TON, Mr. PALLONE, Mr. PASCRELL, Mr. Social Security Act to cover physician serv- sense of the House of Representatives that PAYNE, Ms. PELOSI, Mr. PETERS of ices delivered by podiatric physicians to en- the United States should immediately re- Michigan, Mr. PETERS of California, sure access by Medicaid beneficiaries to ap- move all members of the United States Ms. PINGREE of Maine, Mr. POCAN, propriate quality foot and ankle care, to Armed Forces from Afghanistan and pursue Mr. PRICE of North Carolina, Mr. amend title XVIII of such Act to modify the alternative strategies, which do not require QUIGLEY, Mr. RANGEL, Ms. ROS- requirements for diabetic shoes to be in- large deployments of ground combat forces LEHTINEN, Ms. ROYBAL-ALLARD, Mr. cluded under Medicare, and for other pur- of the Armed Forces, in order to create a sta- RUSH, Mr. RYAN of Ohio, Ms. LINDA T. poses; to the Committee on Energy and Com- ble Afghanistan that is not a base for inter- SA´ NCHEZ of California, Ms. LORETTA merce, and in addition to the Committee on national terrorism; to the Committee on SANCHEZ of California, Mr. SARBANES, Ways and Means, for a period to be subse- Foreign Affairs. Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. quently determined by the Speaker, in each SCHNEIDER, Mr. SCHRADER, Ms. case for consideration of such provisions as f SCHWARTZ, Mr. SCOTT of Virginia, Mr. fall within the jurisdiction of the committee SERRANO, Ms. SHEA-PORTER, Mr. concerned. MEMORIALS SHERMAN, Ms. SINEMA, Ms. SLAUGH- By Mr. THORNBERRY: Under clause 3 of Rule XII, memo- TER, Mr. SMITH of Washington, Ms. H.R. 1762. A bill to provide a biennial budg- SPEIER, Mr. SWALWELL of California, et for the United States Government; to the rials were presented and referred as fol- Mr. TAKANO, Mr. TIERNEY, Ms. TITUS, Committee on the Budget, and in addition to lows: Mr. TONKO, Ms. TSONGAS, Mr. VAN the Committees on Rules, and Oversight and 6. The SPEAKER presented a memorial of HOLLEN, Mr. VEASEY, Mr. WALZ, Ms. Government Reform, for a period to be sub- the Senate of the State of Tennessee, rel- WASSERMAN SCHULTZ, Ms. WATERS, sequently determined by the Speaker, in ative to Senate Joint Resolution No. 38 urg- Mr. WAXMAN, Mr. WELCH, Ms. WILSON each case for consideration of such provi- ing the Congress to adopt a balanced federal of Florida, Mr. YARMUTH, Mr. CAPU- sions as fall within the jurisdiction of the budget; to the Committee on the Budget. ANO, Mr. DENT, Mr. GRAYSON, Mr. committee concerned. 7. Also, a memorial of the House of Rep- O’ROURKE, Mr. HOYER, Mr. MCNER- By Ms. TITUS (for herself, Mrs. DAVIS resentatives of the Commonwealth of Ken- NEY, Mr. SIRES, and Ms. BROWNLEY of of California, Ms. WILSON of Florida, tucky, relative to House Concurrent Resolu- California): Mr. PRICE of North Carolina, Mrs. tion No. 109 urging the Congress to persuade

VerDate Mar 15 2010 04:20 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\L25AP7.100 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2352 CONGRESSIONAL RECORD — HOUSE April 25, 2013 the EPA to withdraw its proposed Green- CONSTITUTIONAL AUTHORITY calling forth the Militia to execute the Laws house Gas New Source Performance Stand- STATEMENT of the Union, suppress Insurrections and ard for Electric Generating Units; to the repel Invasions; Committee on Energy and Commerce. Pursuant to clause 7 of rule XII of Article I, Section 8, Clause 18 of the Con- 8. Also, a memorial of the Senate of the the Rules of the House of Representa- stitution of the United States: The Congress State of Kansas, relative to Senate Resolu- tives, the following statements are sub- shall have Power to make all Laws which tion No. 1737 recognizing the many contribu- mitted regarding the specific powers shall be necessary and proper for carrying tions made by the citizens of the Republic of granted to Congress in the Constitu- into Execution the forgoing Powers, and all Azerbaijan; to the Committee on Foreign Af- tion to enact the accompanying bill or other vested by this Constitution in the Gov- fairs. joint resolution. ernment of the United St Department or Of- 9. Also, a memorial of the Senate of the ficer thereof Commonwealth of Massachusetts, relative to By Mr. LOBIONDO: By Mr. WALZ: Senate Resolution reaffirming the friendship H.R. 1721. H.R. 1727. between the Commonwealth of Massachu- Congress has the power to enact this legis- Congress has the power to enact this legis- setts and Taiwan; to the Committee on For- lation pursuant to the following: lation pursuant to the following: eign Affairs. Article 1, Section 8, Clause 18 of the Con- This bill is enacted pursuant to the power 10. Also, a memorial of the House of Rep- stitution of the United States of America granted to Congress under Article I, Section resentatives of the State of Kansas, relative By Mr. MCKINLEY: 8 of the United States Constitution. H.R. 1722. to House Resolution No. 6022 recognizing the By Mr. RANGEL: Congress has the power to enact this legis- many contributions made by the citizens of H.R. 1728. lation pursuant to the following: Congress has the power to enact this legis- the Republic of Azerbaijan; to the Com- According to Article I, Section 8, Clause 18 lation pursuant to the following: mittee on Foreign Affairs. of the Constitution: The Congress shall have 11. Also, a memorial of the Senate of the Article I, Section 8 Power to make all Laws which shall be nec- Commonwealth of Pennsylvania, relative to By Mrs. KIRKPATRICK: essary and proper for carrying into Execu- Senate Resolution No. 53 supporting those H.R. 1729. tion the foregoing Powers, and all other peaceful political actions that will result in Congress has the power to enact this legis- Powers vested by this Constitution in the the final reunification of Ireland; to the lation pursuant to the following: Government of the United States, or in any Committee on Foreign Affairs. This bill is enacted pursuant to the power Department or Officer thereof. 12. Also, a memorial of the House of Rep- granted to Congress under Article I, Section By Ms. SCHAKOWSKY: resentatives of the State of New Mexico, rel- 8, Clause 18 of the United States Constitu- H.R. 1723. ative to House Joint Memorial No. 22 re- tion. Congress has the power to enact this legis- By Mr. ENGEL: questing the Congress to provide full funding lation pursuant to the following: to cover the costs associated with the bene- H.R. 1730. Article I, Section VIII. Congress has the power to enact this legis- fits received by Indian tribes and the United By Mr. HARPER: States; to the Committee on Natural Re- lation pursuant to the following: H.R. 1724. Article 1, Section 1 of the Constitution. sources. Congress has the power to enact this legis- 13. Also, a memorial of the Senate of the Congress has the power to enact this legisla- lation pursuant to the following: tion, as well, under Article 1, Section 8, State of Tennessee, relative to Senate Reso- clause 3 of section 8 of article I of the Con- Clauses 1, 3 and 18. lution No. 4 memorializing the Congress to stitution. amend the Constitution relative to author- By Mr. SCHRADER: By Mr. CARTWRIGHT: H.R. 1731. izing states to rescind certain federal laws; H.R. 1725. Congress has the power to enact this legis- to the Committee on the Judiciary. Congress has the power to enact this legislation pursuant to the following: 14. Also, a memorial of the House of Rep- lation pursuant to the following: Congress has the authority to act under resentatives of the State of New Mexico, rel- Article I; Section 8 of the Constitution Article I, § 8, clause 3—the Commerce Clause. ative to House Memorial 7 calling for the states ‘‘The Congress shallhave Power To lay By Ms. BASS: New Mexico delegation to vote in favor of and collect Taxes, Duties, Imposts and Ex- legislation that would remove the deadline H.R. 1732. cises, to pay the Debts and provide for the Congress has the power to enact this legis- for ratification of the equal rights amend- common Defence and general Welfare of the lation pursuant to the following: ment; to the Committee on the Judiciary. United States; but all Duties, Imposts and This bill is enacted pursuant to the power 15. Also, a memorial of the House of Rep- Excises shall be uniform throughout the granted to Congress under Article 1, Section resentatives of the State of New Mexico, rel- United States;’’ 1. ative to House Joint Memorial No. 34 urging The power to spend for the general welfare Article. I. the New Mexico delegation to vote in favor is one of the broadest grants of authority to Section 1. of the reauthorization of the Violence Congress in the United States Constitution. All legislative Powers herein granted shall Against Women Act; to the Committee on The scope of the national spending power be vested in a Congress of the United States, the Judiciary. was brought before the United States Su- which shall consist of a Senate and House of 16. Also, a memorial of the Senate of the preme Court in a landmark case in 1937 deal- Representatives. State of Hawaii, relative to Senate Concur- ing with the newly enacted Social Security By Mrs. BLACKBURN: rent Resolution No. 32 requesting Congress Act. In Steward Machine Co. v. Davis the H.R. 1733. to recognize the legacy of the Late Senator Court sustained a tax imposed on employers Congress has the power to enact this legis- Daniel K. Inouye by designation of the to provide unemployment benefits to indi- lation pursuant to the following: Kilauea Point Lighthouse on the Island vidual workers. Article I, Section 8, Clause 1 Kauai, Hawaii, as the Daniel K. Inouye Subsequent Supreme Court decisions have By Mr. CAPUANO: Kilauea Point Lighthouse; to the Committee not questioned Congress’s policy decisions as H.R. 1734. on Transportation and Infrastructure. to what kinds of spending programs are in Congress has the power to enact this legis- 17. Also, a memorial of the House of Rep- pursuit of the ‘‘general welfare,’’ and so nu- lation pursuant to the following: resentatives of the State of New Mexico, rel- merous programs have been funded in such Article I Sec. 8, Clause 3: ‘‘The Congress ative to House Joint Memorial 7 requesting diverse areas as education, housing, vet- shall have Power . . . To regulate Commerce that the Congress reauthorize Section 5056 of erans’ benefits, the environment, welfare, with foreign Nations, and among the several the Water Resource Development Act of 2007; health care, scientific research, the arts, States, and with the Indian Tribes.’’ to the Committee on Transportation and In- community development, and public financ- By Mr. CASSIDY: frastructure. ing of election campaigns. H.R. 1735. 18. Also, a memorial of the Senate of the By Mr. POSEY: Congress has the power to enact this legis- State of Tennessee, relative to Senate Reso- H.R. 1726. lation pursuant to the following: lution No. 3 asking that the Department of Congress has the power to enact this legis- Article 1, Section 8, Clause 1 of the United Health and Human Services resolve the long- lation pursuant to the following: States Constitution standing Medicare Liability owed to Ten- Article I, Section 8, Clause 5 of the Con- By Mrs. DAVIS of California: nessee related to Special Disability Work- stitution of the United States: To coin H.R. 1736. load cases; jointly to the Committees on En- Money, regulate the Value thereof, and of Congress has the power to enact this legis- ergy and Commerce and Ways and Means. foreign Coin, and fix the Standard of Weights lation pursuant to the following: 19. Also, a memorial of the Legislature of and Measures;; Article I, Section 8, Clause I the Territory of Guam, relative to Resolu- Article I, Section 8, Clause 12 of the Con- By Ms. DELAURO: tion No. 10-32 requesting that the President stitution of the United States: To raise and H.R. 1737. send the World Health Organization Frame- support Armies, but no Appropriation of Congress has the power to enact this legis- work Convention on Tobacco Control to the Money to that Use shall be for a longer Term lation pursuant to the following: Senate for ratification; jointly to the Com- than two Years; Article I, Section 8., Clause 1. mittees on Foreign Affairs and Energy and Article I, Section 8, Clause 16 of the Con- By Mr. DOGGETT: Commerce. stitution of the United States: To provide for H.R. 1738.

VerDate Mar 15 2010 02:12 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\L25AP7.001 H25APPT1 smartinez on DSK6TPTVN1PROD with HOUSE April 25, 2013 CONGRESSIONAL RECORD — HOUSE H2353 Congress has the power to enact this legis- By Mr. LUETKEMEYER: carrying into Execution the forgoing Powers, lation pursuant to the following: H.R. 1750. and all other Powers vested by this Constitu- Article One, Section 8 and the 16th Amend- Congress has the power to enact this legis- tion in the Government of the United States ment of the Constitution. lation pursuant to the following: or in any Department or Officer thereof By Mr. ENYART: The constitutional authority on which this By Ms. ROS-LEHTINEN: H.R. 1739. bill rests is the explicit power of Congress to H.R. 1758. Congress has the power to enact this legis- regulate commerce in and among the states, Congress has the power to enact this legislation pursuant to the following: as enumerate in Article 1, Section 8, Clause lation pursuant to the following: This bill is enacted pursuant to the power 3, the Commerce Clause, of the United States Article I—The Legislative Branch. granted to Congress under Article I, Section Constitution. Section 1: The Legislature: 8 of the United States Constitution. Additionally, Article 1, Section 7, Clause 2 All legislative Powers herein granted shall By Mr. FORBES: of the Constitution allows for every bill be vested in a Congress of the United States, H.R. 1740. passed by the House of Representatives and which shall consist of a Senate and House of Congress has the power to enact this legis- the Senate and signed by the President to be Representatives. lation pursuant to the following: codified into law; and therefore implicitly al- Section 8: Article I, Section 8, Clauses 1 and 18 lows Congress to repeal any bill that has Clause 1. The Congress shall have Power to By Mr. GOODLATTE: been passed by both chambers and signed lay and collect Taxes, Duties, Imposts and H.R. 1741. into law by the President. Excises, to pay the Debts and provide for the Congress has the power to enact this legis- By Mrs. CAROLYN B. MALONEY of common Defense and general Welfare of the lation pursuant to the following: New York: United States; but all Duties, Imposts and The ability to regulate interstate com- H.R. 1751. Excises shall be uniform throughout the merce pursuant to Article 1, Section 8, Congress has the power to enact this legis- United States. Clause 3.’’ lation pursuant to the following: Clause 18. The Congress shall have Power By Mr. HECK of Nevada: Article I, Section 8, Clause 3 To make all Laws which shall be necessary H.R. 1742. The Congress shall have Power * * * To and proper for carrying into Execution the Congress has the power to enact this legis- regulate Commerce with foreign Nations, foregoing Powers, and all other Powers vest- lation pursuant to the following: and among the several States, and with the ed by the Constitution in the Government of The power granted to Congress under Arti- Indian Tribes. the United States, or in any Department or cle I, Section 8, Clause 18 of the United By Mr. MARINO: Officer thereof. States Constitution, to make all laws which H.R. 1752. shall be necessary and proper for carrying Congress has the power to enact this legis- By Mr. RUIZ: into execution the foregoing Powers, and all lation pursuant to the following: H.R. 1759. other powers vested by the Constitution in Article 1, Section 9, Clause 7: ‘‘No Money Congress has the power to enact this legis- the Government of the United States, or in shall be drawn from the Treasury, but in lation pursuant to the following: any Department or officer thereof. Consequence of Appropriations made by Law; clause 18 of section 8 of article I of the By Mr. HOLT: and a regular Statement and Account of the Constitution H.R. 1743. Receipts and Expenditures of all public By Mr. SCHIFF: Congress has the power to enact this legis- Money shall be published from time to H.R. 1760. lation pursuant to the following: time.’’ Congress has the power to enact this legis- Article I of the U.S. Constitution By Mr. PALLONE: lation pursuant to the following: By Mr. HORSFORD: H.R. 1753. Article I, Section 8, Clause 4 of the Con- H.R. 1744. Congress has the power to enact this legis- stitution. Article I, Section 8, Clause 4 of the Congress has the power to enact this legislation pursuant to the following: Constitution. lation pursuant to the following: Article I, section 9, clause 7 By Mr. TERRY: Article. I. Section. 8. Clause, 18. and Article I, section 8, clause 1 H.R. 1761. Article. IV. Section. 3. Clause. 2. By Mr. PETERS of Michigan: Congress has the power to enact this legis- By Mr. ISRAEL: H.R. 1754. lation pursuant to the following: H.R. 1745. Congress has the power to enact this legis- Article I, Sec. 8, Cl. 1 Congress has the power to enact this legislation pursuant to the following: By Mr. THORNBERRY: lation pursuant to the following: Article I, Section 8, Clause 3 H.R. 1762. Article I, Section 8. By Mr. POLIS: Congress has the power to enact this legis- By Mr. KING of Iowa: H.R. 1755. lation pursuant to the following: H.R. 1746. Congress has the power to enact this legis- Article I, Section 8, Clause 1: The Congress Congress has the power to enact this legislation pursuant to the following: shall have Power To lay and collect Taxes, lation pursuant to the following: Clause 3 of section 8 of article I of the Con- Duties, Imports and Excises, to pay the This legislation contains a clarification stitution; clause 18 of section 8 of article I of Debts and provide for the common Defence that is intended to limit the scope of an ex- the Constitution; section 5 of Amendment and general Welfare of the United States; but isting statute. As such, this bill makes spe- XIV to the Constitution. all Duties, Imposts and Excises shall be uni- cific changes to existing law in a manner By Mr. POSEY: form throughout the United States; that returns power to the States and to the H.R. 1756. Article I, Section 9, Clause 7: No Money People, in accordance with Amendment X of Congress has the power to enact this legis- shall be drawn from the Treasury, but in the United States Constitution. lation pursuant to the following: Consequence of Appropriations made by Law; By Ms. KUSTER: Article I, Section 8, Clause 12 of the Con- and a regular Statement and Account of the H.R. 1747. stitution of the United States: Receipts and Expenditures of all public Congress has the power to enact this legis- To raise and support Armies, but no Appro- Money shall be published from time to time. lation pursuant to the following: priation of Money to that Use shall be for a Article I, Section 5, Clause 2: Each House Article, I, Section 8, Clause 1 (relating to longer Term than two Years; may determine the Rules of its Proceedings, the power to lay and collect taxes, duties, Article I, Section 8, Clause 18 of the Con- punish its Members for disorderly Behavior, imposts and excises, to pay the debts and stitution of the United States and, with the Concurrence of two thirds, provide for the common defence and general The Congress shall have Power to make all expel a Member. welfare of the United States) of the United Laws which shall be necessary and proper for By Ms. TITUS: States Constitution. carrying into Execution the forgoing Powers, H.R. 1763. By Mr. LARSEN of Washington: and all other Powers vested by this Constitu- Congress has the power to enact this legis- H.R. 1748. tion in the Government of the United States lation pursuant to the following: Congress has the power to enact this legis- or in any Department or Officer thereof. The bill is enacted pursuant to the power lation pursuant to the following: By Mr. POSEY: granted to Congress under Article I, Section As described in Article 1, Section 1 ‘‘all H.R. 1757. 8, Clause 3 of the United States Constitution. legislative powers herein granted shall be Congress has the power to enact this legis- vested in a Congress.’’ lation pursuant to the following: f By Ms. LEE of California: Article I, Section 8, Clause 3 of the Con- H.R. 1749. stitution of the United States: ADDITIONAL SPONSORS Congress has the power to enact this legis- The Congress shall have Power to regulate Under clause 7 of rule XII, sponsors lation pursuant to the following: Commerce with foreign Nations, and among were added to public bills and resolu- This bill is enacted pursuant to the power the several States, and with the Indian granted to Congress under Article I of the Tribes. tions as follows: United States Constitution and its subse- Article I, Section 8, Clause 18 of the Con- H.R. 35: Mr. BRIDENSTINE. quent amendments, and further clarified and stitution of the United States H.R. 38: Mr. KIND. interpreted by the Supreme Court of the The Congress shall have Power to make all H.R. 96: Mr. CICILLINE. United States. Laws which shall be necessary and proper for H.R. 164: Mr. ROONEY and Mr. LOBIONDO.

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H.R. 176: Mr. BARR and Mr. SCALISE. WELL of Alabama, Mr. LIPINSKI, Mr. ROGERS H.R. 1622: Mr. ELLISON. H.R. 180: Mr. MAFFEI and Mr. RANGEL. of Michigan, Mr. MCCAUL, Mr. HUDSON, and H.R. 1626: Mr. LONG. H.R. 183: Mr. MAFFEI and Ms. LORETTA Ms. BROWN of Florida. H.R. 1630: Ms. DEGETTE, Mr. MCGOVERN, SANCHEZ of California. H.R. 1027: Mr. DINGELL, Mr. LEVIN, Ms. Ms. SPEIER, Mrs. KIRKPATRICK, Mr. H.R. 184: Mr. POCAN and Ms. LINDA T. SCHAKOWSKY, Mr. CARTWRIGHT, and Mr. LOEBSACK, Ms. ESHOO, and Mr. CICILLINE SA´ NCHEZ of California. POCAN. H.R. 1634: Mr. YOUNG of Indiana, Mr. H.R. 258: Mrs. WALORSKI. H.R. 1030: Mr. TAKANO. TIBERI, and Mr. ROSKAM. H.R. 262: Mr. MAFFEI. H.R. 1038: Mrs. CAPPS. H.R. 1638: Mr. STOCKMAN. H.R. 301: Mr. GRIFFIN of Arkansas. H.R. 1041: Mr. RANGEL. H.R. 1640: Mr. KEATING and Mr. RAHALL. H.R. 303: Mr. PETERSON. H.R. 1091: Mr. GOHMERT and Mr. LONG. H.R. 1643: Mr. HECK of Washington. H.R. 320: Mrs. BEATTY and Mr. O’ROURKE. H.R. 1129: Mr. FARENTHOLD. H.R. 1652: Ms. BROWN of Florida, Mr. H.R. 351: Ms. LORETTA SANCHEZ of Cali- H.R. 1150: Mr. DEFAZIO. HONDA, Mr. MAFFEI, and Mr. VEASEY. fornia and Mr. DESANTIS. H.R. 1154: Mr. DEFAZIO and Ms. ESHOO. H.R. 1659: Ms. KUSTER. H.R. 358: Mr. BUCSHON. H.R. 1175: Mr. DEFAZIO. H.R. 1661: Mr. BUTTERFIELD, Mr. MCINTYRE, H.R. 484: Mr. LATTA. H.R. 1182: Mr. LAMALFA. Mr. ELLISON, Ms. NORTON, Mr. GRIJALVA, Mr. H.R. 485: Ms. ESHOO. H.R. 1199: Mr. LIPINSKI, Mr. RUSH, Mr. CONNOLLY, Mr. LOEBSACK, and Mr. RYAN of H.R. 494: Mr. BILIRAKIS, Mr. REED, and Mr. SABLAN, and Mr. MARKEY. Ohio. ISSA. H.R. 1209: Mr. CASTRO of Texas, Mr. ISSA, H.R. 1685: Mr. MCNERNEY and Mr. WELCH. H.R. 508: Mr. PETERS of Michigan and Mr. Mr. HECK of Washington, Mrs. HARTZLER, Mr. H.R. 1692: Ms. WATERS and Mr. BISHOP of LOEBSACK. KING of Iowa, Mr. SCHOCK, and Mr. OWENS. Georgia. H.R. 515: Mr. CAPUANO. H.R. 1242: Mr. NUNNELEE. H.R. 1693: Mr. THORNBERRY and Ms. SHEA- H.R. 531: Ms. WILSON of Florida, Mr. H.R. 1249: Mr. BARTON, Mr. YOUNG of Indi- PORTER. BUTTERFIELD, and Mr. WELCH. ana, Mr. BENISHEK, Mr. LATTA, and Mr. H.R. 1700: Mr. RANGEL. H.R. 535: Mr. CARNEY, Ms. TSONGAS, Ms. HUELSKAMP. H. J. Res. 36: Mr. MULVANEY and Mr. DUN- ´ ALADAO NORTON, Mr. CARDENAS, and Mr. TAKANO. H.R. 1250: Mr. V . CAN of South Carolina. H.R. 1276: Mr. SARBANES, Ms. EDDIE BER- H.R. 543: Mr. BENTIVOLIO and Mr. DOGGETT. H. J. Res. 41: Mr. GIBSON. NICE JOHNSON of Texas, Mrs. ROBY, Ms. NOR- H.R. 565: Mr. LOEBSACK and Mrs. DAVIS of H. Res. 30: Mr. SHERMAN and Mr. ROYCE. TON, Ms. DELAURO, Mr. RIGELL, Mr. VAN HOL- California. H. Res. 36: Mr. FORTENBERRY, Mr. STEW- LEN, Mr. MCGOVERN, Mr. COLLINS of New H.R. 577: Mr. BRIDENSTINE and Mr. BROUN ARD, Mr. CAMPBELL, and Mr. FLEISCHMANN. York, Ms. FUDGE, Mr. GRIMM, Mr. CONNOLLY, of Georgia. H. Res. 72: Mr. MARCHANT. Ms. EDWARDS, and Ms. TSONGAS. H.R. 627: Mr. ENGEL, Mr. CARSON of Indi- H. Res. 86: Mr. GOODLATTE. H.R. 1282: Mrs. MCCARTHY of New York. ana, Ms. ZOE LOFGREN, Mr. LARSON of Con- H. Res. 94: Ms. DEGETTE. H.R. 1286: Mrs. CHRISTENSEN, Ms. necticut, and Mr. DIAZ-BALART. H. Res. 104: Ms. WILSON of Florida. VELA´ ZQUEZ, Mr. CLYBURN, Ms. BASS, and Mrs. H.R. 630: Ms. WATERS, Ms. FRANKEL of H. Res. 108: Mr. CA´ RDENAS. LOWEY. Florida, and Mr. GARAMENDI. H. Res. 112: Mr. COFFMAN and Mr. TONKO. H.R. 1303: Mr. NUNNELEE, Mrs. KIRK- H.R. 647: Ms. ESTY, Mr. BUTTERFIELD, and H. Res. 131: Mr. CARSON of Indiana. PATRICK, Mr. PAULSEN, and Mr. POE of Texas. Mr. LATTA. H. Res. 147: Mr. GRIFFIN of Arkansas, Mr. UFFMAN H.R. 1313: Mr. JORDAN. H.R. 671: Mr. H . WALBERG, and Mr. MILLER of Florida. H.R. 675: Mrs. KIRKPATRICK, Ms. MICHELLE H.R. 1338: Mr. SARBANES. H. Res. 153: Mr. LABRADOR. LUJAN GRISHAM of New Mexico, and Ms. H.R. 1339: Mr. KEATING. H. Res. 167: Mr. CARTWRIGHT and Mr. POE of H.R. 1341: Mr. GRAVES of Georgia. SLAUGHTER. Texas. H.R. 679: Mr. KIND, Mr. O’ROURKE, Mr. CAR- H.R. 1344: Mr. POCAN and Mr. JOHNSON of H. Res. 170: Mr. STOCKMAN and Mr. SES- NEY, Mr. DAINES, Mr. LATTA, and Mrs. Ohio. SIONS. BUSTOS. H.R. 1354: Mr. MICHAUD, Mr. COLE, Mrs. H. Res. 173: Mr. LANKFORD and Mr. TIPTON. H.R. 685: Mr. MILLER of Florida. KIRKPATRICK, Ms. DELBENE, Mr. ROSKAM, Mr. H. Res. 174: Mr. MURPHY of Florida, Ms. H.R. 693: Mr. BARR. STIVERS, and Mr. NEAL. WILSON of Florida, Mr. MORAN, Mr. CART- H.R. 698: Mr. CLAY, Mr. RANGEL, Mr. H.R. 1355: Mr. POE of Texas and Mr. WEST- WRIGHT, Ms. BROWN of Florida, Mr. COSTA, SCHIFF, and Mr. GRIFFIN of Arkansas. MORELAND. Ms. SPEIER, Mr. HOLT, Ms. ZOE LOFGREN, Mr. H.R. 713: Mr. KIND, Mr. BRALEY of Iowa, H.R. 1389: Ms. TITUS, Mr. BRADY of Penn- SWALWELL of California, Mr. MAFFEI, Mr. Ms. BORDALLO, Mr. LIPINSKI, Ms. MOORE and sylvania, Mr. PETERS of Michigan, and Mr. BISHOP of Georgia, Ms. SHEA-PORTER, Mrs. Mrs. MCCARTHY of New York. WAXMAN. BEATTY, Mr. COHEN, Mr. BISHOP of New York, H.R. 724: Mr. BISHOP of Georgia. H.R. 1406: Mr. ROTHFUS, Mr. LAMBORN, and Mr. PAYNE, Ms. KUSTER, Mr. SHERMAN, and H.R. 755: Mr. CA´ RDENAS. Mr. WEBSTER of Florida. Mrs. MCCARTHY of New York. H.R. 763: Mr. LATHAM, Mr. HASTINGS of H.R. 1413: Ms. SINEMA and Mr. MATHESON. H. Res. 177: Mr. STIVERS, Mr. HULTGREN, Washington, Mr. HECK of Nevada, Mr. WHIT- H.R. 1414: Mrs. NAPOLITANO, Ms. DELBENE, Mr. WEBER of Texas, Mr. WESTMORELAND, Mr. FIELD, and Mr. HUNTER. and Mrs. LOWEY. TIBERI, and Mr. LAMBORN. H.R. 769: Mr. LOWENTHAL, Mrs. NAPOLI- H.R. 1416: Mr. BISHOP of New York, Mr. TANO, Mr. RUPPERSBERGER, Ms. EDDIE Ms. VEASEY, Mr. WITTMAN, and Mrs. NOEM. f BERNICE JOHNSON of Texas, Ms. JACKSON LEE H.R. 1427: Mr. CRENSHAW and Mr. CARSON of DELETIONS OF SPONSORS FROM PUB- and Mr. MAFFEI. Indiana. LIC BILLS AND RESOLUTIONS H.R. 794: Mr. GRAYSON. H.R. 1431: Mr. JOYCE, Mr. ENGEL, Mr. HAS- Under clause 7 of rule XII, sponsors H.R. 807: Mr. LATTA. TINGS of Florida, and Ms. MICHELLE LUJAN were deleted from public bills and reso- GRISHAM of New Mexico. H.R. 811: Mr. COLE. lutions as follows: H.R. 831: Mr. SWALWELL of California, Mrs. H.R. 1449: Mr. TURNER, Ms. NORTON, Mr. BEATTY, Mr. PIERLUISI, and Mr. COBLE. LATHAM, Mr. RYAN of Ohio, Mr. WAXMAN, Ms. H.R. 1445: Mr. BISHOP of New York, Mr. H.R. 847: Mr. CAPUANO. SEWELL of Alabama, Mr. THOMPSON of Penn- RUNYAN, Mr. GRIMM, and Mr. LOBIONDO. H.R. 851: Mr. TAKANO and Ms. DELAURO. sylvania, Ms. WILSON of Florida, Mr. CAS- f H.R. 855: Mr. BISHOP of New York. SIDY, Mr. BROOKS of Alabama, Mr. YOHO, Mr. H.R. 864: Mr. LARSON of Connecticut, Mr. STIVERS, Mr. MEEHAN and Mrs. BEATTY. PETITIONS, ETC. COHEN, Mr. DEUTCH, Mr. GOODLATTE, and Mr. H.R. 1466: Ms. SHEA-PORTER, Mr. LEWIS, Under clause 3 of rule XII, petitions WILSON of South Carolina. Mr. CARSON of Indiana, Mr. MCGOVERN, Mr. and papers were laid on the clerk’s H.R. 811: Mr. HONDA. CLAY, and Ms. CLARKE. H.R. 904: Mrs. CAPPS and Mr. SEAN PATRICK H.R. 1494: Mr. MILLER of Florida and Mr. desk and referred as follows: MALONEY of New York. YOUNG of Florida. 7. The SPEAKER presented a petition of H.R. 920: Mr. BISHOP of New York. H.R. 1496 Mr. FRANKS of Arizona and Mr. the Commissioner of Gray County, Texas, H.R. 924: Mr. GRIJALVA. FINCHER. relative to a Resolution affirming the rights H.R. 949: Ms. FUDGE. H.R. 1526: Mr. WALDEN. of our citizens under the 2nd Amendment; to H.R. 952: Mr. COLLINS of New York. H.R. 1528: Mr. CRAWFORD, Mr. SMITH of Ne- the Committee on the Judiciary. H.R. 958: Mr. HUFFMAN. braska, Mr. HASTINGS of Florida, Mr. HANNA, 8. Also, a petition of the Board of Super- H.R. 960: Mr. CASSIDY. and Mr. VALADAO. visors, Monterey County, California, relative H.R. 961: Mr. POCAN, Ms. MENG, Mr. TONKO, H.R. 1565: Mr. CICILLINE. to Resolution No. 13-089 urging the Congress Mr. HONDA, Ms. CLARKE, and Mr. NOLAN. H.R. 1572: Mr. BARR and Mr. HUDSON. to enact comprehensive immigration reform; H.R. 984: Mr. SHIMKUS, Mr. MCKINLEY, and H.R. 1586: Mr. LANKFORD. to the Committee on the Judiciary. Mr. BRADY of Pennsylvania. H.R. 1595: Mr. MCNERNEY and Ms. WATERS. 9. Also, a petition of the Pima County H.R. 990: Mr. BISHOP of Georgia. H.R. 1605: Ms. ESTY. Board Supervisors, Arizona, relative to Reso- H.R. 997: Mr. STOCKMAN. H.R. 1613: Mr. POE of Texas and Mr. lution No. 2013-19 urging the Congress to H.R. 1020: Mr. WALBERG, Mrs. WALORSKI, MCCAUL. enact comprehensive immigration reform; to Mr. BROUN of Georgia, Mr. HUFFMAN, Ms. SE- H.R. 1620: Mr. RUIZ. the Committee on the Judiciary.

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Vol. 159 WASHINGTON, THURSDAY, APRIL 25, 2013 No. 58 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING WELCOMING THE GUEST called to order by the Honorable WIL- PRESIDENT PRO TEMPORE CHAPLAIN LIAM M. COWAN, a Senator from the The PRESIDING OFFICER. The Ms. WARREN. Mr. President, thank Commonwealth of Massachusetts. clerk will please read a communication you. Every April a large blue-and-gold PRAYER to the Senate from the President pro tempore (Mr. LEAHY). banner flies above the entryway at Old The PRESIDING OFFICER. Today’s The assistant legislative clerk read South Church, with words from Isaiah: opening prayer will be offered by Rev. the following letter: ‘‘May you run and not grow weary, John Edgerton, Old South Church, Bos- U.S. SENATE, walk and not faint.’’ Old South Church ton, MA. PRESIDENT PRO TEMPORE, sits on the finish line for the Boston The guest Chaplain offered the fol- Washington, DC, April 25, 2013. Marathon, a distinguished and histor- lowing prayer: To the Senate: ical spot that has earned its name, Along with the heartbroken of Bos- Under the provisions of rule I, paragraph 3, ‘‘Church of the Finish Line.’’ ton, let us pray. of the Standing Rules of the Senate, I hereby Today I welcome Rev. John Edgerton O God, remember this assembly, appoint the Honorable WILLIAM M. COWAN, a of Old South Church, the Church of the which you acquired long ago. Have re- Senator from the Commonwealth of Massa- gard for Your covenant, for the dark chusetts, to perform the duties of the Chair. Finish Line, and thank him for coming places of the land are full of the haunts PATRICK J. LEAHY, here to share his faith, resilience, and of violence. Your foes have roared; they President pro tempore. fortitude. Less than 2 weeks ago, on the Sunday have roared within Your holy place; Mr. COWAN thereupon assumed the before the marathon, Old South Church they set up their emblems there. They chair as Acting President pro tempore. welcomed athletes, friends, families, said to themselves: We will utterly sub- f supporters, and marathon volunteers due them. But it is God who executes RECOGNITION OF THE MAJORITY into the church for the annual justice, putting down one and lifting up LEADER premarathon ‘‘Blessing of the Ath- another. For in the hand of the Lord, letes.’’ there is a cup with foaming wine, well The ACTING PRESIDENT pro tem- On Marathon Monday, just after 12 mixed. God will pour a draught from it, pore. The majority leader is recog- p.m., the bells of Old South Church and the wicked of the Earth shall drain nized. rang in the men’s winner of the Boston it to the dregs. f Marathon, Lelisa Desisa Benti, as he Lord, You were favorable to Your SCHEDULE crossed the finish line. land. Restore us again, O God of our Mr. REID. Mr. President, following Later that day two blasts from hid- salvation. Will You not revive us again, leader remarks, the Senate will be in a den bombs rocked the crowded final so that Your people may rejoice in period of morning business until 10:30 stretch on the Boston Marathon. One You? Let me hear what the Lord will this morning. The majority will con- explosion occurred mere feet from the speak. Peace. God speaks peace to the trol the first half, the Republicans the front of the church. In an instant, Old people, to the faithful, to those who final half. At 10:30 the Senate will re- South Church, the marathon church, turn to the Lord in their hearts. Stead- cess for an hour to allow for a Sen- the Church of the Finish Line, joined fast love and faithfulness will meet. ators-only briefing. When the Senate the rest of Boston in helping, com- Righteousness and peace will kiss each reconvenes, we will resume consider- forting, and praying. other. Faithfulness will spring up from ation of the Marketplace Fairness Act. The Old South Church was first gath- the ground, and righteousness will look Yesterday I filed cloture on this legis- ered in 1669 by a group of colonists who down from the sky. It is You who have lation. As a result the filing deadline wanted to create a more inclusive and said so, O God. welcoming congregation. Since then, it Amen. for all first-degree amendments is 1 p.m. today. Unless an agreement is has played an integral role in Boston’s f reached, Senators should expect a clo- history. Meetings that led to the Bos- PLEDGE OF ALLEGIANCE ture vote on Friday morning. ton Tea Party were held at the church, The Honorable WILLIAM M. COWAN led That was a wonderful prayer. I appre- and in the 19th century church mem- the Pledge of Allegiance, as follows: ciated it very much. bers were active in the abolitionist I pledge allegiance to the Flag of the I would now yield to my friend, the movement. United States of America, and to the Repub- senior Senator from Massachusetts. Although Old South Church was lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- closed for more than a week following indivisible, with liberty and justice for all. pore. The Senator from Massachusetts. the explosion, its ministry remained

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

S2981

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2982 CONGRESSIONAL RECORD — SENATE April 25, 2013 open. This past Sunday I attended an theme music from ‘‘Chariots of Fire’’ who lost their lives last week as a re- interfaith service, jointly performed by and the Olympics as well as a prayer sult of the attack on the Boston Mara- Old South Church and other local reli- for the athletes. Marathoners from thon and during the manhunt to appre- gious institutions, at the corner of around the Commonwealth, Nation, hend the suspects. Boylston and Berkeley Streets, a few and world congregate at the Old South In this resolution the Senate com- blocks from the site of the bombing. I Church seeking community, faith, and mends the heroism, courage, and sac- stood with hundreds of worshipers from strength for the upcoming race. rifices of Sean Collier, an officer in the a variety of faiths in downtown Boston, Last Monday explosions rocked the Massachusetts Institute of Technology praying, signing, remembering. This finish line at Boylston Street and police force, and Richard Donohue, Jr., perseverance and dedication to faith brought chaos to the front door of the an officer in the Massachusetts Bay and community is why Boston has not Old South Church. For over a week the Transportation Authority police force. grown weary; it is why Boston has not church’s doors remained closed, as did Officer Collier was a 26-year-old na- fainted; it is why Boston is strong. much of the neighborhood, as inves- tive of Wilmington, MA, and was on Reverend Edgerton, thank you for tigators scoured the block for evidence. the force for just over a year in his the blessing you brought to the Senate But today, as we pray here for those dream job, a police officer. Before join- today. I join you in praying for our lives lost and those still recovering, ing the ranks at MIT, Officer Collier hometown and for our Nation as we Old South Church will open its doors served as a civilian employee with the face the challenges ahead. The quali- once again and pray for our city, our Somerville Police Department, and ties you and your church exemplify, Commonwealth, and our citizens. likely because of his outstanding serv- the spirit of openness and inclusive- As we do in times of hardship and ice at MIT he was going to be invited ness, the power of healing and prayer, heartbreak, we rely on the guidance of to return to Somerville in June of this and the strength of community are community leaders such as Reverend year, this time as an officer. what will bring Boston through these Edgerton and take comfort in their On Thursday evening last, Officer difficult times. I am honored that you words. It is through their guidance and Collier was murdered in the line of joined us today. wisdom that we find the strength to re- duty, allegedly by the men suspected in I yield the floor. bound from tragedy and to find hope to the Boston Marathon bombings of last week. MIT Police Chief John DiFave f move forward. In churches all across Massachusetts said the following about Officer Collier: MEASURE PLACED ON THE this week, from the Back Bay to Dor- Sean was one of these guys who really CALENDAR—S. 799 chester and from Medford to looked at police work as a calling. He was born to be a police officer. Mr. REID. Mr. President, S. 799 is at Stoneham, bells will toll in their stee- the desk and due for a second reading; ples and worshippers of all faiths will Officer Collier was compassionate is that right? gather to remember the lives of Officer and stood out for his ability to connect The PRESIDING OFFICER (Mr. Sean Collier, Lingzi Lu, Krystle Camp- personally with the students and com- SCHATZ). The Senator is correct. bell, and Martin Richard, and to pray munity he served. We will never forget The clerk will read the title of the for the scores who were injured. his devotion to protecting the commu- bill for the second time. Again next year, we look forward to nity of MIT and serving as a police offi- The assistant legislative clerk read the Sunday before Marathon Monday cer. He will be sincerely missed. I as follows: when runners will again gather at the honor the exemplary service of Officer Collier and I extend my deepest sym- A bill (S. 799) to provide for a sequester re- Old South Church to receive their placement. blessings before the running of the pathies to his family. 118th Boston Marathon. We will always Last week MBTA police officer Rich- Mr. REID. Mr. President, I object to remember, and we will recover. We are ard Donohue, Jr. was working to pro- any further proceeds with respect to thankful to have leaders such as Rev- tect the public at the Boston Mara- this bill at this time. erend Edgerton to guide us as we do. thon, and early Friday morning he The PRESIDING OFFICER. Objec- I yield the floor. raced to assist Cambridge police as tion is heard. The bill will be placed on The PRESIDING OFFICER. The Sen- they pursued the suspect who shot an the calendar. ator from Massachusetts. MIT officer in Watertown, MA. What Mr. REID. Mr. President, I now yield f Officer Donohue may not have known to the junior Senator from Massachu- was that officer down at MIT was his setts, Mr. COWAN. HONORING THE VICTIMS OF THE friend and fellow police academy class- f BOSTON BOMBINGS mate Sean Collier. Ms. WARREN. Mr. President, I ask In the ensuing gun battle, showing WELCOMING THE GUEST unanimous consent that the Senate remarkable courage and disregard for CHAPLAIN proceed to the consideration of S. Res. his own safety, Officer Donohue en- Mr. COWAN. Mr. President, I am 115, submitted earlier today. dured a barrage of gunfire and explo- pleased to rise this morning to join The PRESIDING OFFICER. The sives unleashed by these suspects, and Senator WARREN in honoring our guest clerk will report the resolution by he himself was seriously wounded. Offi- Chaplain from Boston, Rev. John title. cer Donohue is recovering from his Edgerton, and I thank him for his The bill clerk read as follows: wounds and remains in critical but sta- words this morning. A resolution (S. Res. 115) commending the ble condition. I wish to thank Officer In the wake of the recent tragedies in heroism, courage, and sacrifice of Sean Col- Donohue for his service, and I wish him Massachusetts, I am glad to welcome a lier, an officer in the Massachusetts Insti- a speedy recovery. As he heals, our representative of Boston’s spiritual tute of Technology Police Department, Mar- thoughts are with the entire Donohue community to deliver our invocation tin Richard, an 8-year-old resident of Dor- family, especially his wife Kim and today. Reverend Edgerton’s church, the chester, Massachusetts, Krystle Campbell, a native of Medford, Massachusetts, Lu Lingzi, their young son, who are a constant Old South Church, is located on a student at Boston University, and all the presence at his hospital bedside. Boylston Street, not more than 100 victims who are recovering from injuries Ms. WARREN. Mr. President, I ask yards past the finish line of the great caused by the attacks in Boston, Massachu- unanimous consent that the resolution Boston Marathon. setts, including Richard Donohue, Jr., an of- be agreed to, the preamble be agreed Since the first marathon 117 years ficer in the Massachusetts Bay Transpor- to, and the motions to reconsider be ago, the Old South Church has been tation Authority Transit Police Department. laid upon the table, with no inter- known as the Church of the Finish There being no objection, the Senate vening action or debate. Line. Every year, the Sunday before proceeded to consider the resolution. The PRESIDING OFFICER. Without Patriots’ Day, the Old South Church Mr. COWAN. I am honored to join the objection, it is so ordered. holds a service to bless those running senior Senator from the Common- The resolution (S. Res. 115) was the marathon the very next morning. wealth of Massachusetts in this resolu- agreed to. The service this year included the tion to honor those who were injured or The preamble was agreed to.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S2983 (The resolution, with its preamble, is good example. We cannot let a few peo- Earlier this year Democrats helped printed in today’s RECORD under ‘‘Sub- ple stand in the way of fairness. That is us repeal the CLASS Act, for instance. mitted Resolutions.’’) what this is all about. Last month, the Senate voted over- The PRESIDING OFFICER. The ma- f whelmingly, 79 to 20, to repeal the jority leader. law’s job-killing medical device tax. RECOGNITION OF THE MINORITY Last week we saw a union reverse f LEADER course and come out for repeal of the MARKETPLACE FAIRNESS ACT The PRESIDING OFFICER. The Re- law. I would hope more would come out Mr. REID. Mr. President, the Senate publican leader is recognized. and join us in repealing it in its en- operates by cooperation and consent. f tirety, root and branch. I am opti- So it is unfortunate that we could not HEALTH CARE mistic we will see more common sense reach an agreement yesterday to con- take root in the days to come as the Mr. MCCONNELL. Mr. President, last sider amendments to the Marketplace country learns more about this law and week one of our most senior Demo- Fairness Act, a measure that will pro- the harm it is causing families, busi- cratic colleagues, a primary author of vide parity between brick-and-mortar nesses, and taxpayers. I suspect we ObamaCare, referred to the law’s im- retailers and online stores. will. plementation as ‘‘a train wreck.’’ He A few Senators have held up this im- When administration officials are re- warned: ‘‘Small businesses have no idea portant legislation—and I mean a few— duced to hoping that the law’s imple- what to do.’’ They have no idea ‘‘what legislation which proponents have ad- mentation will not amount to ‘‘a third vocated for 11 years. The able sponsors to expect.’’ He also expressed concern that the health insurance exchanges world experience,’’ then you know of this bill—Senators ENZI, DURBIN, and there is trouble on the way. ALEXANDER—are continuing to work to for consumers and small businesses could turn into a fiasco. I agree with That is why I have also called on the get an agreement on a list of amend- President to address the Nation and ments upon which the Senate could him. I think just about everyone in my conference agrees with him. give an honest accounting of what vote. many Americans can expect as this law Three-quarters of the Senate support Here is the difference. This is not some grand revelation to Republicans. starts to come online: the higher costs, this measure. A number of those who the premium increases, the taxes, the do not vote with us do not oppose this We have been saying this since day one. We said a government takeover of loss of health care plans they like and legislation, they are doing it for other want to keep. All of that is happening. reasons. This is overwhelmingly impor- health care would raise health care costs and premiums. We said it would We asked him to do this in his State of tant legislation, but, as we saw with raise taxes on the middle class. We said the Union speech. He should have, be- the background check measure and the it would force millions of Americans to cause the longer he waits to lay out other gun matters last week, here in give up insurance plans they liked and the truth for the American people, the the Senate a minority of Senators can wanted to keep. We said it would bury more people are going to get blindsided block even measures with over- families and small businesses in a lit- by all of this. That is simply not right. whelming support. We found that on eral mountain of regulations, and we The President shouldn’t waste any background checks. This bill is no ex- said it would cost our country jobs. We more time. In the meantime, Ameri- ception. Despite 75 votes to proceed to shouted these things from the rooftop cans can rest assured Republicans will the Marketplace Fairness Act, just a throughout the health care debate. A keep working to repeal this law. I hope few individual Senators are vowing to few of us have even said it would be a more of the President’s allies will join derail this legislation. Absent consent, ‘‘train wreck.’’ us in this fight as well, because all of we will vote on closure on this measure Until now, the President’s allies us owe our country better than this. an hour after we convene tomorrow. mostly ignored or brushed off our con- For the sake of my constituents in I remain open to an agreement to cerns. But do you know what. With Kentucky and for the sake of Ameri- consider amendments to this legisla- each passing day, it appears clearer cans across the country, I urge my tion. The proponents of this legislation and clearer that we were right to sound friends on the other side to join with have worked for a long time to move the alarm. Republicans and stop the train wreck, forward. They worked all day yester- Only now are Washington Democrats stop this train wreck before things get day and the day before to come up with starting to come around to the reality even worse. a list of amendments. No one is trying of what they passed. Perhaps they MARKETPLACE FAIRNESS ACT to prevent amendments, except a hand- thought a ‘‘yes’’ vote on this bill would On the matter currently before the ful of Senators. I am eager to conduct somehow magically cure our country’s an open debate on this bill, but time is Senate, I wish to make the following health care challenges without any observation about the Internet sales winding down. One way or another we cost increases, without hurting the are going to finish work on this meas- tax bill. Earlier this week I announced middle class, and without the massive, my opposition to this bill, which I ure before we leave for our instate unnavigable bureaucracy that is being work period, even if it takes the week- don’t think is in the best interests of erected literally as I speak. Kentuckians or its taxpayers in gen- end. Those people—that handful of peo- That is the problem. That is why we eral. I know everyone in the Chamber ple—should understand that. The cal- are stuck in this mess. Our constitu- doesn’t feel that way. This bill may endar is simply too full to allow this ents did not send us here to robotically pass. There are Members on both sides important measure to hold over until fall in line behind bad legislation and who support it. Before it does, I hope next month. then pat ourselves on the back for the Senate will at least have some The Senate must complete work on ‘‘doing something.’’ They sent us here chance to offer amendments. job-creating water resource legislation to eventually elevate public policy and Mr. President, I yield the floor. and a farm bill during the May work to think about the medium- and long- period so we can move forward on the term consequences of our actions. f immigration debate in June. We have Look, ObamaCare’s mounting chal- RESERVATION OF LEADER TIME had eight Senators who have spent lenges shouldn’t come as much of a days, weeks, working on an immigra- surprise. It is not just that Republicans The PRESIDING OFFICER. Under tion bill. We have a bipartisan bill have warned about them for so long or the previous order, the leadership time coming to the Senate with a system to that experts echoed our concerns. A lot is reserved. fix our broken immigration system, of the problems in this 2,700-page bill f just like we have a bipartisan bill on should have been pretty self-evident the Senate floor today. right from the start. MORNING BUSINESS The only way we get things done In some ways I am glad to see more The PRESIDING OFFICER. Under around here is with Senators working and more Washington Democrats and the previous order the Senate will be in together. The immigration bill is a their allies come around to the reality a period of morning business until 10:30 good example of that, and this bill is a of what they have done. a.m., with Senators permitted to speak

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2984 CONGRESSIONAL RECORD — SENATE April 25, 2013 therein for up to 10 minutes each, with concerned about the Federal Govern- with this Congress. When asked at the the time equally divided and controlled ment’s failure to effectively target same hearing about the FAA’s possible between the two leaders or their des- these required but necessary budget furlough strategy, Mr. Huerta provided ignees, with the majority controlling cuts. Of particular concern is the only general statements. Hours later, the first half. FAA’s complete mismanagement of the FAA officials provided detailed fur- Mr. MCCONNELL. I suggest the ab- cost reductions which has resulted in lough plans to airlines—a disturbing sence of a quorum. unnecessary travel delays all across move to hide the ball from lawmakers, The PRESIDING OFFICER. The this Nation. Since 1996, the FAA’s oper- who were left without the opportunity clerk will call the roll. ations budget has grown by an astound- to mitigate the impact of these exten- The bill clerk proceeded to call the ing 109 percent, from $4.6 billion to $9.7 sive furloughs. roll. billion. A mere 5-percent budget cut I stand here ready to work with the Mr. DONNELLY. I ask unanimous would simply return the FAA to the President and any of my colleagues consent that the order for the quorum 2010 funding levels. who are committed to making these call be rescinded. Despite 2 years to prepare for these budget cuts in a smart, effective, and The PRESIDING OFFICER. Without budget reductions, the FAA chose to efficient manner, a manner that pre- objection, it is so ordered. provide Congress and the airline indus- serves essential government services. (The remarks of Mr. DONNELLY per- try with less than 1 week’s notice re- I thank the chair. I yield the floor. taining to the introduction of S. 810 are garding its plans to furlough its work- The PRESIDING OFFICER. The Sen- located in today’s RECORD under force, showing complete disregard for ator from Maine. ‘‘Statements on Introduced Bills and the traveling public. Ms. COLLINS. Mr. President, I rise Joint Resolutions.’’) The FAA has insisted on targeting today to discuss a serious problem con- Mr. DONNELLY. I yield the floor, air traffic controllers, rather than sole- fronting the American traveling public and I suggest the absence of a quorum. ly focusing on lower priority personnel and our economy, and later today I will The PRESIDING OFFICER. The to ensure morale. I wonder if anyone be introducing a bill to remedy this clerk will call the roll. has checked in with the folks waiting problem. I am very pleased to be joined The legislative clerk proceeded to in airport terminals—and waiting in by several of my Senate colleagues as call the roll. those terminals for hours—to deter- original cosponsors, including Senator Mrs. FISCHER. Mr. President, I ask mine their current morale. The FAA MARK UDALL, Senator RISCH, Senator unanimous consent that the order for has 47,000 employees, of which 15,500 ROBERTS, Senator ISAKSON, and I ex- the quorum call be rescinded. are air traffic controllers. While I ap- pect several more cosponsors to join in The PRESIDING OFFICER. Without preciate the hard work of many Fed- this effort over the course of the day. objection, it is so ordered. eral employees, air traffic controllers As the ranking member of the Trans- f should be the last ones on the FAA’s portation Appropriations Sub- budgetary chopping block. committee, I have followed the issue of EXCESSIVE GOVERNMENT WASTE Rather than selectively ratcheting FAA delays and furloughs very closely. Mrs. FISCHER. Mr. President, a re- up the pain of Federal budget cuts on In fact, the first thing this morning I cent Washington Post headline has American citizens with these long met with Secretary of Transportation grabbed national attention. It reads: delays, the FAA should, instead, focus LaHood and FAA Administrator U.S. Government spends $890,000 on on cutting its $500 million consultant Huerta to discuss this problem and my nothing. slush fund or the $325 million spent on proposed solution. It almost sounds like a bad joke, but supplies and travel. The challenges the FAA faces this this is no laughing matter. The Post For months, the administration has fiscal year are daunting. Not only is reported: argued it lacks the flexibility to target the agency operating under a con- This year, the government will spend at the required budget cuts in a smart, re- tinuing resolution but sequestration least $890,000 on service fees for bank ac- sponsible manner—in a smart, respon- compounds the problem. It is impor- counts that are empty. At last count, Uncle sible manner—that mitigates the im- tant that sequestration be imple- Sam has 13,712 such accounts with a balance pact on the public. To that end, I have mented in a way that ensures safety of zero. cosponsored several legislative efforts and minimizes the impact on travelers The American people are no strang- to provide this administration with the as well as on jobs in the hospitality ers to reports of excessive government tools to ensure that essential Federal and airline industries. waste, from robotic squirrel research employees continue to provide these The FAA recently announced its to Moroccan pottery classes. This lat- vital services, such as our control plans to achieve its sequestration sav- est example, however, comes at a par- tower operations. ings by implementing furloughs of air ticularly frustrating moment, as thou- Most recently I cosponsored the Es- traffic controllers, closing contract sands of Americans are stuck waiting sential Services Act, which would sim- towers, eliminating midnight services, for hours in airport terminals with de- ply require each Federal agency head among other cuts. layed fights—the result of the Federal to identify and exempt essential em- I personally believe the FAA had Aviation Administration’s decision to ployees from any furlough policies by other choices and could have avoided furlough thousands of air traffic con- using the same standards that were many of these disastrous outcomes, but trollers due to sequestration. The Post created by multiple administrations there is no doubt that personnel does astutely noted: during previous government shut- make up a great deal of the agency’s If you are a federal worker on furlough this downs. budget and that some furloughs un- week—or an airline passenger delayed by fed- Unfortunately, the President and my doubtedly would have been necessary. eral furloughs—you might want to save your Democratic colleagues continue to op- Whether it was necessary for the FAA blood pressure and go read another story. pose any of these measures to both to concentrate so many of the cuts in Federal law requires the government achieve needed savings without tax the area of air traffic controllers is an to reduce overall spending by 5 percent hikes and preserve our important gov- entirely different question. In any in each agency, totaling $85 billion for ernment functions. event, my bill would restore funding the remainder of this fiscal year. While Notably, FAA Administrator Michael for these essential programs and would the $890,000 currently spent on unused Huerta recently testified at a Senate do so—and this is an important point— bank accounts may seem like a drop in hearing that he does, in fact, have dis- without increasing the funding for the the bucket, it nonetheless proves there cretion to prioritize the spending cuts. FAA or for the Department of Trans- is plenty of fat to trim in Federal If that is true, then it appears the FAA portation. spending. We can do that, and we can is more interested in scoring political Let me give a little bit of back- do it without directly impacting essen- points rather than cutting its $2.7 bil- ground. The FAA began furloughing tial government services and jobs. lion in nonpersonnel operation costs. 47,000 employees this past Sunday, in- The same holds true with the FAA. I am very disappointed in Adminis- cluding nearly 15,000 air traffic control- Similar to many Nebraskans, I remain trator Huerta’s lack of forthrightness lers. This is essentially 10 percent of its

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S2985 workforce, which equates to one fur- at the same time to maintain a safe I urge my colleagues to support this lough day per biweekly pay period for and efficient national airspace system. bill, and I hope we can act very approximately 11 days through Sep- Our bill would accomplish this goal by promptly to solve this problem. tember 30. The FAA also plans to allowing a one-time shift of unused Thank you, Mr. President. eliminate midnight shifts in more than moneys in the Airport Improvement f 70 control towers across the country Program to the operations account. and will close more than 149 air traffic I first raised this idea of using the CONCLUSION OF MORNING control towers at airports with fewer AIP carryover balances as a solution at BUSINESS than 150,000 flight operations or 10,000 our Republican policy lunch on Tues- The PRESIDING OFFICER. Morning commercial operations per year. In ad- day. Since that time, many of my col- business is closed. dition, the agency is slated to reduce leagues from both sides of the aisle f preventive maintenance and equipment have indicated interest in this ap- provisioning and support for all Na- proach. RECESS I want to emphasize our legislation tional Airspace System equipment. The PRESIDING OFFICER. Under These are simply irresponsible cuts has been vetted by the general counsel offices at both the FAA and the Sec- the previous order, the Senate stands that have real and detrimental impacts in recess for 1 hour. on the traveling public, on the airline retary’s office, so we know it works. Secretary LaHood told me this morn- Thereupon, the Senate, at 10:31 a.m., industry, on the hospitality industry, recessed until 11:30 a.m. and reassem- and they will cause widespread delays ing it is an effective, workable solution. bled when called to order by the Pre- to the air transportation system. It is siding Officer (Mr. SCHATZ). estimated as many as 6,700 flights I want to explain further exactly how could be delayed each day, more than this would work. Each year funds are f double the worst day of flight delays distributed according to a formula under the Airport Improvement Pro- MARKETPLACE FAIRNESS ACT OF last year. 2013 In fact, there is one estimate that gram to airports across the country, just since Sunday, 5,800 delays have oc- but each year there are moneys that The PRESIDING OFFICER. Under curred because of the actions taken by cannot be used by these airports by the the previous order, the Senate will re- the FAA. This reduction in staffing of end of the fiscal year. Those moneys sume consideration of S. 743, which the air traffic controllers has been the pri- come back to the FAA in Washington, clerk will report. mary cause of at least one out of every and they are then usually reallocated The assistant legislative clerk read three delays since the furloughs began, through a competitive grant program. as follows: Last year it was as much as $700 mil- and the problem is only going to get A bill (S. 743) to restore States’ sovereign lion that came back to Washington to worse. rights to enforce State and local sales and be reallocated. This year the amount of use tax laws, and for other purposes. To give an example: On Monday there unused funds is estimated to be ap- were 2,660 delayed flights, of which Pending: proximately $400 to $450 million. So we 1,200 were due to the furloughs. What is Reid (for Enzi) amendment No. 741, of a would take $253 million of that $400- even more troubling is this is only the perfecting nature. plus million and use those funds to beginning, and soon we will be ap- Durbin amendment No. 745 (to amendment avoid these very damaging furloughs. proaching the peak travel season. No. 741), to change the enactment date. The rest of the funds would, as usual, Some airports may experience delays Mr. ENZI. Mr. President, I suggest be reallocated to airports that need of up to 3 hours during peak travel the absence of a quorum. them through a competitive grant pro- times, and we know these delays cause The PRESIDING OFFICER. The gram. clerk will call the roll. a ripple throughout the entire system. I want to be clear: This is the discre- What is going to happen is that air The assistant legislative clerk pro- tionary portion of the Airport Improve- ceeded to call the roll. travelers are going to decide to cancel ment Program. It in no way affects the Mr. DURBIN. Mr. President, I ask trips and will not even bother to go on entitlement funds that airports are unanimous consent that the order for brief vacations because they don’t guaranteed to receive. The program the quorum call be rescinded. want to spend 3 hours sitting on the has sufficient funding to support this The PRESIDING OFFICER. Without tarmac waiting for their flights to take effort. Moreover, this is a one-time objection, it is so ordered. off. shift. It does not in any way provide a Mr. DURBIN. Mr. President, pending The FAA acknowledges these service permanent change in this program. reductions will adversely affect com- There would also be sufficient funds on the floor is S. 743. This is a bill mercial, corporate, and general avia- to fully fund and continue operating which, in its simplest terms, will allow tion operators. The agency expects the contract tower programs, which so the States to ask Internet retailers, that as the airlines estimate the poten- many of our colleagues—particularly when they sell in the State, to collect tial impact of the furloughs, they will Senator MORAN—have supported and sales tax. Currently, every State re- be forced to change their schedules, been concerned about. quires consumers to pay the sales tax, cancel flights, and lay off employees. This is a commonsense solution. It but it is not collected at the point of At a time when our economy is already doesn’t involve additional money. It is purchase. So this legislation will re- fragile, that is the last thing we need a one-time shift of unused moneys. It spond to a 20-year-old Supreme Court to happen. does not make a permanent change in decision that said to Congress: You The legislation I am introducing with the Airport Improvement Program. It have to write a law to do this. This is several of my colleagues, including will solve the problem, avoid the need the law. Senator MARK UDALL, is called the Re- for these delays, for layoffs, and avoid Senator ENZI and I, Senator HEIDI ducing Flight Delays Act of 2013. Here harming our economy at a time when HEITKAMP, as well as Senator LAMAR is how it would work: It would provide we can least afford to do so. ALEXANDER, we have all worked to- the Secretary of Transportation with The Airport Improvement Program is gether on this legislation on a bipar- the flexibility to transfer certain funds a very important program. It does sup- tisan basis. to prevent the furloughs of essential port infrastructure at our Nation’s air- This measure was before the Senate employees at the FAA, and certainly ports. We are simply taking the unused last week. It is not a long bill; it is 11 air traffic controllers qualify as essen- funds that are generally reallocated pages. It is certainly within the grasp tial employees. and instead using a portion of these of any Senator to secure and read it Specifically, it would give the Sec- funds to avoid these disastrous impli- and understand it. It is very straight- retary the authority to transfer an cations of the direction the FAA has forward. amount not to exceed $253 million to chosen. We have had efforts made on the Sen- prevent the furloughs of the air traffic Our bill should be recognized as a ate floor to delay consideration of this controllers and other essential employ- one-time solution in order to avert measure. We have taken three votes on ees in order to reduce flight delays and these serious national impacts. it over the past month or so. The first

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2986 CONGRESSIONAL RECORD — SENATE April 25, 2013 vote under the budget resolution was a We brought this to the floor, and a Representatives, and let it go through generic vote: Do you support the idea Senator from Oregon came and ob- the process it needs to go through? or not? Seventy-five Senators voted in jected to considering that amendment So this is different. This is both the affirmative—a dramatic commit- yesterday. So yesterday, no amend- sides—a small group—blocking amendment from the Democratic side and a ments. Now we are told that as to any ments the large majority on each side majority commitment from the Repub- amendments we bring to the floor wants to move forward with. lican side to this measure. We then today, there will be more objections. Thank you, Mr. President. faced a vote on cloture—in other I do not think this makes the Senate The PRESIDING OFFICER. The Sen- words, closing down the debate—on the look very good. I do not think this is in ator from Maine. motion to proceed. We had that vote on the best interests of this institution Ms. COLLINS. Mr. President, I have Monday. Seventy-four Senators voted nor our government. We were elected an amendment at the desk, No. 771, of- to proceed. Yesterday, on the actual to roll up our sleeves and go to work fered on behalf of myself and Senator motion to proceed: 75 Senators. So this and address the problems facing this KING, and I would ask for its imme- is clearly an issue where a substantial country. We understand that with 100 diate consideration. majority of the Senate believes we people there will be differences of opin- The PRESIDING OFFICER. Is there should move forward and pass this legion. We are supposed to engage in civil objection to laying aside the pending islation. debate on the floor and then vote. But amendment? We have invited our colleagues—Sen- to lunge from one filibuster to the next Mr. WYDEN. Reserving the right to object. ator ENZI and I have—if they have and have Members coming to the floor The PRESIDING OFFICER. The Sen- amendments, to file their amendments. and objecting to amendments puts us ator from Oregon. They have had 6 days—6 days—to pre- in a terrible position. Mr. WYDEN. Mr. President, I am pare the amendments and file them. I have served in the minority, as Sen- only doing it, I would advise my col- The deadline is an hour and a half from ator ALEXANDER and Senator ENZI do leagues—who I know feel strongly now for filing amendments. So far we at this point. The one thing you really about it—Chairman BAUCUS wanted to have received 31 amendments. want in the minority is a chance to be able to address this issue. That is We sat down last night and said: offer an amendment, to express your the purpose of my reservation. Let’s pick a good number of these point of view, even if you lose. Now we The PRESIDING OFFICER. Is there amendments. Call them. Let’s debate are offering that opportunity, and un- objection? them. Let’s vote on them. Let’s act fortunately there is a resistance to it. The Senator from Montana. like the Senate. Let’s see how that Well, we are going to try it. We are Mr. BAUCUS. Mr. President, I object. works. going to test it. If the people who are The PRESIDING OFFICER. Objec- We started to do that. We came up going to continue to try to block any tion is heard. with a list. Included in that list are debate on this bill want to come for- The Senator from Maine. amendments being offered by people we ward, I hope they will face questions Ms. COLLINS. Mr. President, let me know are going to vote against this from colleagues as to what their intent express my frustration and dismay bill, so they are not friendly amend- is. over the objection that has been lodged ments. They are adversarial amend- Ultimately, we will finish this bill against considering a very reasonable ments. But that is all right. Isn’t that before we go home. If it means staying amendment to this bill. what we are here for—debate it out; ex- through the weekend—if that satisfies This is a bipartisan amendment. It is press your point of view; we will ex- some Members—we will do it. But it is offered by the Independent Senator press ours; let’s vote. I think that is a terrible waste of opportunity. We from Maine, Mr. KING, and me. It has fair. No one can criticize us for not have gone 2 straight days with no votes widespread support. It is a very reason- being open to that. We are not trying on amendments. And Senators ENZI, able amendment that simply gives to fix the outcome. We are ready to ALEXANDER, HEITKAMP and I believe it businesses more time to comply with bring this to full debate. But when we is time for the Senate to be the Senate. the provisions of this bill. It is con- contacted the Senators who are op- Mr. President, I yield the floor. sistent with the purpose of this bill and posed to the bill and said, call your The PRESIDING OFFICER. The Sen- does not undermine it in any way. It amendments, they said, we are not ator from Tennessee. simply recognizes that 90 days is sim- ready. Mr. ALEXANDER. Mr. President, 3 ply too short a period of time for im- I wish those Senators who said they times Senators have voted, either with plementation of the software and other were not ready could meet the Sen- 74 or 75 votes, in favor of this legisla- changes that would be required under ators we run into in the hall who say, tion—a majority of Democratic Sen- this legislation. when is this going to end, when can I ators and a majority of Republican I think there is, however, a broader go home, because the two of them need Senators. On Monday we were ready for issue. This is a bipartisan bill—a bill to get in conversation. We want to do amendments, but the small group of that I am a cosponsor of, a bill that has this in a timely, thoughtful way be- Senators who oppose it objected. On widespread support, a bill that the cause it is a critically important issue. Tuesday we asked to have time given Governor of Maine strongly supports But we cannot do it unless our col- back so we could begin amendments. because of the revenue it would bring leagues will come to the floor of the There was an objection. On Wednesday in that is now lost to the State even Senate and offer their amendments. the Senator from Arkansas asked for a though it is owed to the State. Yesterday we had one amendment we 10-year moratorium on Internet taxes, It is a bill that has widespread sup- thought was simple and easy. It is an and there was an objection. And we are port among Main Street retailers who amendment that said: We will not im- ready today, as we will see. see customers come into their stores, pose across America a tax for you to Sometimes we Republicans feel as take up the time of their clerks, and use the Internet—the Internet Freedom though Democrats keep us from offer- then whip out an iPhone to order the Act it is called. It is bipartisan. Sen- ing amendments. Whether that is ever exact same merchandise online solely ator MARK PRYOR of Arkansas, a Demo- true, this is different. In this case, for the purpose of evading the sales tax crat, and Senator BLUNT of Missouri, a Democrats and Republicans—a small that is due on the item. Republican, came together and offered group—are blocking the majority of us, So this bill is a matter of fairness. It to extend the current policy of the Democrats and Republicans, who want imposes no new taxes. In fact, there is United States on Internet freedom. to go forward with the bill and who a prohibition on taxing the Internet. Senator ENZI and I looked at that have been ready to consider amend- As Senator ALEXANDER has pointed out and said: We can put that in this bill. ments since Monday. and Senator DURBIN has said—and Sen- That is something with which we We respect the points of view of those ator ENZI, who has worked so many agree. We are not imposing any new 24 or 25 Senators who disagree with us, years on this bill—this bill has wide- taxes in this bill—none. So that is cer- but with 3 votes of 74, 75 votes, can we spread, bipartisan support. tainly a statement of policy with not have our amendments, bring this Here we are stymied by a small group which we would agree. to a conclusion, send it to the House of of Members on both sides of the aisle

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S2987 who will not even allow us to debate I too am puzzled by what is going on not understand why we cannot move and consider a bipartisan amendment here. When I came to Washington in forward with these amendments. that simply delays the effective date of January, I knew in many cases the We are here, I thought, to do the Na- this bill by a year to allow businesses Senate had to get 60 votes in order to tion’s business. I think we should do so. more time to make the software move forward with legislation under So I rise to support the amendment. I changes they need to make in order to rule XXII. This is a piece of legislation hope we can move to the consideration ensure they are in full compliance with that has actually had three votes so of the amendment and other amend- the bill. far. Each one has been between 70 and ments that will come forward and We have reached a very disappointing 75 votes. If we cannot do anything with move this bill through the process. and unsatisfactory result if that is a three-quarters majority, then I think I yield the floor. where we are. If there is opposition to the American people are going to say: The PRESIDING OFFICER. The Sen- our amendment, I am sure the oppo- What gives? Nothing is going to happen ator from Tennessee. nents would have every opportunity to even on a piece of legislation that gets Mr. ALEXANDER. Mr. President, I speak against our amendment and to over 70 votes on three consecutive rise in support of the amendment by vote against our amendment. But to times. the Senators from Maine. I think it not allow our amendment to be consid- I have listened to the debate. I have makes a lot of sense. It is symbolic too. ered, which is completely relevant to listened to the arguments from the Here we have a bipartisan amendment, this bill, an amendment that simply al- Senators from three of the four States. we have a Republican Senator and an ters the date of implementation, is be- I do think it is interesting—there are Independent Senator. The Independent yond my comprehension. I do not un- four States in this country that do not Senator is a former Governor, as I once derstand it. I think it is wrong. I think have sales taxes. Three of the four are was. it is what frustrates the American peo- strenuously objecting to this bill; one The reason I support the amendment ple. It is an example of the kind of of them is not. In fact, one of the Sen- is because it gives more time for any- gridlock that is very frustrating to the ators from the State of Delaware indi- body who might be affected by this American public. cated that he believed this could be an amendment to adjust to it. That is The only good thing I can say about advantage to his State because people never a bad idea—almost never a bad this gridlock is it is bipartisan in this would come to Delaware rather than idea in the Senate. case. But that is a very small comfort buy something online and avoid the It gets us to our goal a few months indeed. So, again, all our amendment sales tax in a neighboring State. later than we had thought. It makes would have done, had we been allowed There is nothing in this bill that will sure those who might be affected can to consider it, is put a 1-year delay in compel the citizens of Oregon or Mon- adjust. Of course, many people who call the final implementation and also say tana or New Hampshire to pay a sales my office are surprised to learn that it implementation could not begin during tax. Something has been argued that does not affect anyone unless they the retailers’ busiest time of the year; this is somehow coercive on companies have revenues of more than $1 million that is, the holiday season. in those States to collect the sales tax. a year. So about 99 percent of people This was intended to provide ade- I would respond by saying if they do who sell things online or in catalogs quate lead time for retailers to under- not want to collect the sales tax, they are not affected. take the complex steps that may be do not have to sell into those States Of course, it does not affect Internet needed: the software changes, the that have a sales tax. There is no coer- taxes; we have a law against Internet training, et cetera. Retailers are going cion. They are voluntarily marketing taxes. In fact, another bipartisan to have to begin early anyway, but amendment by the Senator from Ar- with this 1-year delay we know they into Maine or Vermont or Texas or kansas and the Senator from Missouri will be prepared to fully implement the wherever there is a sales tax. If they was to extend the 10-year moratorium Marketplace Fairness Act. want to avoid the strictures of this Again, it is very disappointing to me bill, they can do so voluntarily. on Internet taxes. That was objected that this commonsense amendment To me, this makes total common to. The Collins-King amendment is im- that is designed to improve the under- sense. I will conclude with a story that lying bill cannot be considered at this was in our Portland newspaper just minently reasonable. I think it time. I have been very pleased to work this week with regard to this bill of a strengthens the bill. It is offered in a with my colleague from Maine, Sen- real-life company that I, in fact, shop good spirit. Some may wish to go faster, but I think it is sensible and reason- ator KING, on this amendment. He may at, Johnson Sporting Goods. have some comments as well. I also The proprietress was talking about able. I fully support it. wish to thank the sponsors of the bill people coming into her store, looking I would reiterate that we were ready for working very hard with us on this at items, feeling them, trying them on, to accept amendments on Monday, but legislation. deciding if they liked them, and then there was an objection—not a partisan The PRESIDING OFFICER. The Sen- walking out and buying the wetsuit or objection but by Democrats and Repub- ator from Maine. the scuba equipment or whatever it licans, a small number. Mr. KING. Mr. President, I rise to as- was online. She said: We have become a We were ready on Tuesday to go sociate myself with the comments showroom for Internet marketers. The ahead with amendments, but there was from the senior Senator from Maine on problem is if this keeps up, we are not an objection, a bipartisan objection to this amendment. I consider it virtually going to be here anymore. going forward. We were ready on a technical amendment. It simply It is just fundamentally unfair to our Wednesday with a bipartisan proposal changes the implementation date retail community in our towns, which to put on the 10-year extension of the under the bill so that companies will make up the backbone of the commer- Internet tax, but there was an objec- have adequate time to be sure they in- cial district in every town in America, tion. tegrate the software supplied by the that they are being put at a disadvan- This is like—I have used this before, States into their systems and also inte- tage, a 5- or 6- or 7- or whatever per- but this is like joining the Grand Old grate the definition of which items in cent it is disadvantage with regard to Opry and not being allowed to sing. their inventory are covered and not the sale of products. This is what we are supposed to do. We covered according to different defini- I, frankly, am puzzled. I just do not are supposed to bring up these bills, tions across the country. understand the vehemence of the oppo- consider reasonable amendments, and As we know, the software is to be sition from the nonsales-tax States. I vote on them. supplied by the States. This is simply, guess in those States one cannot even We are at noon on Thursday. We have as I say, a change in the implementa- utter the words ‘‘sales tax,’’ let alone not been allowed to do what we could tion date in order to ensure that our do something that will not burden have finished on Tuesday. So I greatly online retailers are able to serve their their citizens in any way, shape, or respect the Senators on the other side. customers adequately and without any form except for the companies that will I know their feelings; we have strong interruption of service or otherwise collect a sales tax under the software feelings too. As a former Governor, I do have problems. that is provided by the States. So I do not think it is any of Washington’s

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We do a heck of a lot better All the reasons I have heard are: not supported by its long history. job of making decisions about taxes Well, gee, Senator, we asked to do this In fact, during the budget resolution and spending and collections than peo- a while ago, several months ago. That when we voted on this measure and it ple do here. is no answer. I say now we will do it. I, received such a strong vote—I think it So we pretty well made up our minds. for the life of me, can’t understand why was something like 70 to 75 votes—I Three times now we have had 74, 75 we don’t solve this in the right forum. went over to MIKE ENZI and congratu- votes for this bill. We are ready to pro- The right forum is the committee of ju- lated him because he finally had gotten ceed. We have several amendments risdiction. We can’t do this on the Sen- a preliminary vote on legislation he that have been filed, some by those ate floor without hearings, without had been working on for literally more who oppose the bill. That is fine. Bring consideration. than a decade. them up. Let’s vote on them. They may Senators who have been here a couple I don’t think this is a complicated make good sense, just like this amend- of years know the good legislation we concept. It is not creating a new tax; it ment makes good sense. have passed around here is legislation is not imposing a new tax; it is not tax- So I thank the Senators from Maine from the committee, where staffs go ing the Internet. All it is doing is mak- for being constructive, for making a over all the different amendments and ing sure States that have sales taxes commonsense proposal to the bill. I they work things out. The Senators receive the revenue they are owed. support it. I hope that very soon we work things out, and they try to find That is not a complicated concept. can debate it and vote on it and finish compromises, solutions, not for the Is it going to require retailers to this legislation. first time on the floor when the Sen- make changes in their software, par- The PRESIDING OFFICER. The Sen- ators make speeches. They don’t think ticularly large retailers that are sell- ator from Montana. and look for solutions on the floor of ing all over the country? Keep in mind, Mr. BAUCUS. Mr. President, I ob- the Senate. They just make speeches. this bill exempts small retailers. It ex- jected to the last amendment for a I am suggesting the good place we empts those with sales of under a mil- very simple reason. The author of the don’t make speeches is in the com- lion dollars, so they are not affected at amendment is making my case. This mittee of jurisdiction, the Finance all. Is it going to require some changes amendment makes my case. What is Committee, where we can work out to be made in software and training by large retailers? Yes, it is. That is why my case? My case is this bill should go some of these problems. That is the we have offered this commonsense to committee. It has so many prob- reason I have been objecting and will amendment to improve but not change lems, unthought-through, unintended continue to object. This is a travesty, the underlying bill that says rather consequences. This amendment recog- the way this bill is being considered in than giving 90 days for businesses to nizes that. This amendment says delay; the Senate. comply with the sale, let’s give them a delay for a year. Why delay? Because The PRESIDING OFFICER (Ms. year so they can fully get the software there are so many problems, because BALDWIN). The Senator from Maine. changes made and installed, their staff there are so many problems. Ms. COLLINS. Madam President, I trained, and ensure full, complete, and The way to solve the problem is for feel compelled to respond to the com- accurate compliance. That is all the us to deal with the problem in comments of my good friend and colleague Collins-King amendment does. It does mittee. That is the solution. I have from Montana. First, let me say I am not in any way change the thrust of made that point many times, many dif- sorry to learn of his decision to leave this bill or the underlying provisions of ferent places: the floor of the Senate, the Senate, to retire from the Senate, this bill. It simply allows more time different private meetings. Finally, because I have enjoyed working with for compliance. people are starting to realize all of him over the years. The PRESIDING OFFICER. The Sen- their problems with this bill. Slowly I do want to make several points. ator from Tennessee. they are starting to read it. Slowly Senator MIKE ENZI of Wyoming, who Mr. ALEXANDER. Madam President, they are starting to think about it. came to the Senate the same year I did first let me join the Senator from Slowly it is starting to sink in: Oh, my in 1997, has been talking about this bill Maine in expressing to the Senator gosh, I did not think of that. Oh, that for at least a decade. He has introduced from Montana my regret that he is re- problem too affects businesses, not just it many times before. There has been tiring. He has had a long and distin- businesses in nonsales-tax States, busi- ample opportunity for there to be con- guished career here, and I have enjoyed nesses across the country, all cross the sideration by the committee, and the working with him and look forward to country. committee chose not to consider his working with him the rest of this year This amendment makes my case. bill. This is not a new concept in any and next year. He has a history of inde- This amendment seeking a 1-year delay way. It has been talked about and dependent thinking and working across makes my case that there must be bated at length over the past decade. party lines, which is valuable in the problems; we have to delay this bill. Moreover, I would note the amend- Senate. That is the basic reason I think we ment I have offered, along with my col- On the point the Senator from Maine should not pass this bill. We should league from Maine, does not in any made—and I see the Senator from Mon- send it to the committee. way change the basic thrust of this leg- tana may want to say something, so I I pledge to Members, my colleagues, islation. In fact, both Senator KING and will be brief. The bill as proposed, the my friends, the Finance Committee, I are cosponsors of the underlying bill. Marketplace Fairness Act, the pending which I chair, will hold a markup on If this bill were so problematic for re- act, has a 6-month implementation pe- this bill in the next work period. I tailers across the country, why would riod. This would add 6 months to that made that pledge. I made that pledge. it have the support of so many retail- so there would be a total of a year for We can work on all of the problems ers across the country? Why would it implementation of the bill. This is a this bill creates and solve them the have the support of national organiza- reasonable period of time. best we can during the markup. tions representing retailers across the As far as the bill going to Finance I have heard no good reason we country? Committee, it has been in the Finance should not go to the committee. This This is not a complicated bill in con- Committee. Nothing would have bill was placed straight on the floor cept. What it says is if a retailer is sell- pleased the sponsor of the bill more calendar, no committee consideration, ing into another State, it needs to col- than for the chairman and other mem- none whatsoever—none. The Com- lect the sales tax and remit it to that bers of the committee to bring the bill mittee of jurisdiction had no oppor- State. That is not a complicated con- up, mark it up, and send it to the floor, tunity to look at this bill, none. I cept. but they didn’t do that.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S2989 As Senator COLLINS said, Senator Maine and Senator ALEXANDER of Ten- come law, what they should have done ENZI has been introducing different nessee, for their nice, warm com- is say yes, let’s go to the Finance Com- bills for the last decade or so. But he pliments. I deeply appreciate that. It mittee; the chairman of the Finance introduced this very basic bill, about 11 means a lot to me because they are Committee has agreed to take it up; he or 12 pages, S. 1832, on November 9, both very fine Senators. They are ter- has agreed publicly to markup, not just 2011. It was referred to the Finance rific, as a matter of fact. a hearing. We have had a hearing al- Committee. In April of 2012 there was a A couple of points to clear the ready. We would have a markup on this Finance Committee hearing on State record. Senator COLLINS said Senator bill in the next work period. Then the and local tax issues, including the Mar- ENZI has been working on this bill for differences would be worked out and ketplace Fairness Act. The Senator about a decade. That is not accurate. some of the problems solved. Then the from Montana referred to that in his There was an earlier bill called the bill comes to the floor, and it will not remarks the other day, so there was streamline act, or something like that. be opposed, probably, at least not in some other hearing on this very bill in I have forgotten what it was. It was an the same way it is opposed now. Then April of 2012. That is a year ago. attempt at a compact among States to it will more than likely be passed by Then the Senate Commerce Com- address this issue. They worked on it the other body or at least worked mittee in August held a full hearing on and worked on it and worked on it for through the other body. That is the this bill involving many Senators with close to a decade and then couldn’t better way to do it. a lot of testimony, and I was there. It agree. I think 24 States agreed, the re- This way, not going to committee is certainly arguable that the Com- maining States did not agree, so that and straight to the floor, reduces the merce Committee is at least as in- was the end of that. probability that this bill is going to be- volved in this issue as the Finance This bill is to ram through what come law. I, frankly, am going to ob- Committee, because while the Parlia- other States would not agree to and to ject to other amendments because I do mentarian has sent it to the Finance try to find ‘‘the lowest common denom- not believe the proper way to do legis- Committee, it has nothing to do with inator.’’ That is basically what this bill lation is only on the floor and not go the Tax Code, zero. In any event, that is, a new bill. This bill has had, to my through the proper development in is where it has been. knowledge, no vetting at all by any committee. In this Congress, the Marketplace committee in any significant way. I yield the floor. Fairness Act was introduced, this very This bill has been referred to the Fi- The PRESIDING OFFICER. The Sen- 11-page bill, in the second month of nance Committee. As the Senator from ator from North Dakota. this year and referred to the Finance Tennessee points out, the Finance Ms. HEITKAMP. Madam President, Committee. Sixteen Senators have Committee has not reported out the this is a challenge the States have been asked for it to be heard and marked up. bill. That is true. Frankly, we know confronted with since 1992—a challenge It is certainly the prerogative of the one good reason why it hasn’t is be- of trying to get equity for Main Street chairman to decide in a busy com- cause we have been meeting very fre- businesses. The Supreme Court told us mittee what he has time to do and not quently at the staff levels. My staff of that Congress is best equipped to make to do. It certainly seemed to everyone the Finance Committee with the staffs a determination on how we implement that the Finance Committee had be- of those who are sponsors of the bill something that would level the playing come a dungeon for the bill and not a are working out different potential and fields for Main Street businesses under place where it was likely to ever come actual complexities and problems of our notion of what constitutes appro- out. I believe that is exactly why rule the bill. There have been a lot of meet- priate regulation and controls of inter- XIV is in the Senate rules, to allow the ings. state commerce. majority leader to take a bill, bypass I asked my staff, if someone were to The challenge was passed over 20 the committee, and bring it to the be a fly on the wall, were those meet- years ago to Congress, and the Main floor. One that has had this much ings in good faith? They were in good Street businesses have been waiting for thought, this much consideration, is an faith to try to find the answers to the 20 years for equity, for fairness, and for excellent candidate for that. questions. The answer is yes. That is a system that does not discriminate The cure for that, it seems to me, is their belief. There have been a lot of against them. Only in Washington, DC, to take these amendments and work meetings to try to work out some of could waiting 20 years for a solution we them through, consider them on the these problems which clearly exist. are debating today be considered ram- floor, debate them, vote them, and con- Obviously one big problem is rep- ming something through Congress. tinue the process. Send the bill to the resented by the amendment that has Only in Washington, DC, can a 20-year House and let the House do what it been—not offered but consent was delay for equity and justice and fair- will, have a conference if it is nec- asked that it could be offered, asking ness in our tax policy be considered too essary. There are plenty of opportuni- for a 9-month delay. I cannot think of soon for a debate. ties to deal with the bill. any reason for a 9-month delay except This is an 11-page bill. This is a very The point is the Finance Committee to say, hey, 90 days isn’t working. That simple bill. I can attest, having been ought to have the bill. The Finance is just an example of some of the prob- here only a short period of time, to the Committee has had the bill. The Fi- lems and imperfections of this bill that fact that most Senators have very ca- nance Committee wouldn’t act on the could have been addressed in com- pable staff. Quite honestly, most Sen- bill. Now we are past the point of send- mittee, and there are many of them. ators have an enormous capacity to ing it back to the Finance Committee. But, no, this bill didn’t go to com- read this 11-page bill, understand it, It is before us. It has votes of 74 or 75 mittee. and appreciate what the bill says and Members of the Senate. It has the ma- I stand here again and tell the world, to make a determination. In fact, this jority of each side. We have been ready the Senate Finance Committee will re- concept—just in concept—received an ever since Monday to consider the port out this bill in the next work pe- overwhelming vote from this body. amendments that have been offered to riod if it has an opportunity to do so This bill, in consideration now in two the bill by both proponents and oppo- and work out all of these different votes, has received an overwhelming nents of the legislation. problems, rather than trying to willy- show of support because colleagues I would hope the Senators who op- nilly ram this through the floor and know their Main Street businesses pose the bill will not object to the preventing changes from being cor- have waited too long. They know we amendments but will participate in the rected in a good, solid way. need to accomplish something. We need process and allow us to move forward Let me make a prediction. Those who to move forward. on the bill. are for ramming this bill on the floor We need to do what is easy because The PRESIDING OFFICER. The Sen- without letting it go to committee are we have so many hard things to do in ator from Montana. doing themselves a disservice, because the Congress. We have a budget out of Mr. BAUCUS. First, I want to deeply it makes it more likely this bill will control, we have an energy policy we thank my two colleagues who pre- not become law. If the proponents of need to prepare for the future, and we viously spoke, Senator COLLINS of this bill want this legislation to be- have challenges with sequestration and

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2990 CONGRESSIONAL RECORD — SENATE April 25, 2013 making sure we are making the right been trying to get this passed. Wyo- course, deal with something other than investments in our future. We have big ming has recognized the need for it and what would be germane to this bill. issues. I would suggest that what we has had the desire for it. We were one There would be major changes in the are looking at, albeit a small issue in of the first to join the streamlined tax structure in other ways. We have this body, is a big issue for Main Street sales tax effort, and I think we were tried to keep this to an 11-page bill. We businesses. joined by a number of our surrounding tried to keep it simple, keep it to one We heard from a woman just a couple States. The purpose of that, of course, topic. It is something anybody can read days ago—a woman named Teresa— was to make it simpler so it would be and understand. In fact, I don’t remem- who runs a little pet food store. She easier for people to collect the tax. ber a bill that has had language quite has trained all of her people on what is I wish to congratulate the Senators as clear. great nutrition. So when clients or cus- from Maine for putting forward what I I thank the Senator from Tennessee, tomers come in, she can talk about the consider to be kind of a phase-in part. Mr. ALEXANDER, for all his concentra- age of their pets, she can talk about Of course, there are a lot of people who tion. He looked at the 80-plus page bill what the nutritional problems are and would like to have it done a lot faster we had, which had a lot more stuff in give them advice and then, she said, than that, but this would allow 1 year it, and said why don’t we make this only to watch them walk out the door for people to get their program up and into a States rights bill. Once we took with that advice and order that prod- running. Part of that time would be that approach to it, it made all the lan- uct on the Internet. taken by the free software that has to guage much simpler. We just needed One might say that is competition or come from the States. It will take some basics for them to have to par- whatever. But she is not afraid of com- them a while to get that together, al- ticipate, and so that is why it is an 11- petition. Her challenge is that if they though everybody is hearing from eBay page bill. We will not see an 11-page buy in her store, the sales tax her city a little bit, and eBay already has one of bill come through here very often. I those sales tax programs. It costs 15 and State will charge is 91⁄2 percent. So would guess some of the amendments bucks a month if you want to collect she is immediately at a 91⁄2-percent dis- being proposed—that have nothing to advantage. Yet they use her expertise. sales tax in the States, so it isn’t like do with the collection of sales tax—are I would like someone to explain to it is something impossible. probably more extensive in pages than I know L.L.Bean is going through a me how we can’t be moved by a story what this bill is. such as that and to correct the in- major computer switchover right now, We are hoping people will stick to equity; how we can’t be sophisticated so they know how difficult that is, and germane and relevant—or at least rel- enough as legislators to read an 11-page if it were compounded at the same time evant; that is a little broader than ger- by having the sales tax collected, it bill and understand what it says with mane, and we can do some amend- could create some difficulties. In all the staffing we have. ments. I am confident, as we go forward, we checking around, we have gotten the But if there is going to be an objec- are doing what is right. Any State that suggestion there be 1 year allowed be- tion—and I was just in a meeting where doesn’t want to participate, any State fore they had to start collecting the I was assured this is going to happen, that doesn’t want to collect remote taxes. and there is going to be an objection There is another small provision that sales tax in this fashion, either stream- every time, no matter what the amend- says from October 31 through Decem- lined or under the alternative process ment is—I am very disappointed in ber 31 there wouldn’t be a conversion that. provided in the bill, does not have to because that is the Christmas season. I do want to point out there is a pursue this collection mechanism. In retail, that is the big season. If they small seller exemption. If you are a re- They can continue to do what they are can’t concentrate on their customers tailer and you do less than $1 million of doing. at that point in time, they are not sales online during a year, you don’t The bill talks about a remote seller going to make their money. It makes come under this bill. You don’t do any- who has sales over $1 million. This the whole year just in those couple of thing different than what you are young woman said to us, when she was months there. So there is an exclusion doing right now. For a lot of small talking about her pet store, that she the program wouldn’t go into effect also runs a little online business. We during that period of time. businesses, $1 million would be a lot of asked: How would you feel? She said: I So there is this kind of a phase-in for money. I have heard some proposals could only hope for $1 million of online everybody to get everything ready. I that maybe we go to $10 million or $20 sales. I would be glad to collect the tax know it is a lot more time than what million. That affects some big retailers if that was my business. She is a small States would like to have. They would that don’t want to do it. But to small businesswoman. like to begin collecting the taxes in 90 retailers, $1 million is a lot of sales So if we can’t bring equity now, then days, if they were able to get their pro- when it is just the ones that are done when? We have been waiting 20 years. gram in place in 90 days. But we think online. We are not talking about their We have an opportunity to show this that is reasonable. They brought that total sales—what they do in their country and show those Main Street to the floor, but it was objected to even stores. We are just talking about the businesses, show our friends and neigh- getting to debate it. So we don’t get to ones where they put up their Web site bors who support the Little League, vote on that. and they get orders and they ship out who support our school newspapers, Around here a lot of times people those orders. If that exceeds $1 million, who support our communities, that say: It is a filibuster if you don’t get the next year they would have to start someone in this body cares. In fact, the to, and if there is cloture, then every- collecting it. majority of people in this body cares. body ought to vote against cloture So not only, with the Collins amend- In fact, a supermajority of this body until everybody gets their amendment, would there be 1 year built into cares, and we are listening to you. ments. How can you do your amend- the time before they would have to Maybe, in some small way—in some ments if one person can object—and start doing it, there would also be an- very small way—we will have told has. I think there would probably be other year before they would hit the $1 them Washington is still a place where three or four who would object, maybe million, and if they do not hit the $1 people will listen and respond and actu- six or eight who would object. But it is million, then they have another year ally get something done. That is what hard to do the amendments, and that and another year and another year we are trying to do. should definitely not be the reason for until they do. Of course, having been a I yield the floor. anybody to vote against final cloture small businessman, I am pulling for all The PRESIDING OFFICER. The Sen- on this bill and get it enacted. Hope- of them to exceed $1 million. ator from Wyoming. fully, we can still get some amend- Most small businesses I know would Mr. ENZI. Madam President, I wish ments through the process. Anything be so tickled to hit $1 million they to thank the Senator from North Da- that is germane after cloture can still would think maybe this wouldn’t be kota for her comments and her involve- be voted on. such a bad deal. This is definitely giv- ment for over 20 years. I feel like a I know there are a lot of proposals ing some emphasis to online sales. It is newcomer, with just the 12 years I have out there. Some of those proposals, of much easier now to get a Web site. In

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S2991 fact, the Small Business Administra- there were objections, bipartisan objec- on Saturday, and I suspect we will pass tion has been going from State to tion. it with 74 to 75 votes. State to State and providing people On Tuesday we said that instead of I yield the floor. who will do free Web sites for people going the full 30 hours of debate, let’s I suggest the absence of a quorum. who attend a seminar on how to do on- give the time back and let’s start the The PRESIDING OFFICER. The line sales. I commend the Small Busi- amendments. Bipartisan objection. clerk will call the roll. ness Administration for doing that. I On Wednesday we brought up the bi- The legislative clerk proceeded to think it has helped a number of busi- partisan proposal of Senator BLUNT and call the roll. nesses that haven’t been able to expand Senator PRYOR to extend the morato- Mrs. FISCHER. Mr. President, I ask beyond the few thousand dollars they rium on the Internet tax. There is al- unanimous consent that the order for are selling in their own stores to in- ready a moratorium on taxing the the quorum call be rescinded. crease their sales. We hope everybody Internet. You cannot have it. That is The PRESIDING OFFICER (Mr. gets to exceed $1 million. the law. We were going to extend it for HEINRICH). Without objection, it is so There is another part of that $1 mil- 10 years. Objection. ordered. lion that is kind of interesting. If you Then today Senator COLLINS and Sen- f are a nursery—and we heard an exam- ator KING say: Instead of implementing NATIONAL PEDIATRIC BRAIN ple of a nursery last night—and you are this in 6 months, let’s do it in a year. CANCER AWARENESS DAY doing big sales, the chances are pretty Objection. good some of those big sales are to If it continues this way—and I say to Mrs. FISCHER. Mr. President, I rise other nurseries. If a product is sold to the Senator from Wyoming, this is the today in support of a resolution desig- somebody else to be resold, there isn’t way I figure the procedure—if there is nating September 26, 2013, as ‘‘National a sales tax. So that wouldn’t count in no consent, always objection to any Pediatric Brain Cancer Awareness the $1 million. amendment from both a few Repub- Day.’’ We did hear an example during the licans and a few Democrats, then we Childhood is a time for growing— press conference of a contractor in a will have a vote on cloture tomorrow. growing bodies, growing minds, and State and the other contractor got all That would be tomorrow afternoon, I growing hearts. It is a time for bike his stuff online and from out of State guess—tomorrow morning. Probably rides that end in skinned knees and and on a $150,000 contract was able to for the fourth time, 74 or 75 of us will sleepovers in backyard forts. It is a undercut him by 10 percent. It was just vote for the Marketplace Fairness Act. time for wondrous stories of Neverland a $150,000 project—a category that Then we will stay here until Saturday and family board games. It is a time to small businessmen specialize in—but afternoon for the full 30 hours, and we learn the difference between right and he was beat out by an out-of-State per- will have a vote on the two amend- wrong and the difficult discipline of son who didn’t pay sales tax on the ments and final passage. That will be homework. It is a time—a very brief products they were bringing into the Saturday afternoon. And probably an- time—given to us by God to live with- State and using in construction. other 74 or 75 votes for that, I hope. out fear or physical pain or without So we do have a small seller exemp- That is what will happen if a few burdens and responsibilities. tion. There is also simplification in the Democrats and a few Republicans con- For too many children, though, bill, and I would be happy to go tinue to say: No amendments. childhood is very different. Too many through that. We haven’t had any sug- I want to make sure no one on our children in this country are forced to gestions for more simplification, at side of the aisle stands up and says grow up far too quickly. The stark re- least from those who understand what they, the Democrats, are blocking alities of hunger and poverty mature the simplification is. One of the rea- amendments, because they are not. them and some have no choice but to sons that is fairly simple now is be- Most Democrats and most Republicans learn the hard lessons of courage from cause computers have come a long way. want to offer and vote on amendments. the cruel, unyielding teacher of sick- I don’t know how many people here A few Democrats and a few Repub- ness. have purchased something online, but licans say no. I believe that is where Despite this hasty transition from when you do, you put in your address we are procedurally, if that persists. storybooks to the harsh realities of where you want something shipped, I completely respect the point of life, these children remain beacons of and when you go over to see what the view of other Senators. I never ques- hope. They inspire us. They challenge bill is going to be, not only will there tion a Senator’s vote. That is his or her us to overcome our own trials which be the price of the product, but there prerogative, and it is their prerogative seem trivial in comparison to the will be a sales tax. In a number of to keep us here until Saturday after- heavy burdens they shoulder. They States, people have volunteered to col- noon if that is what they wish to do. prompt us all to believe in the power of lect it, and for the number of people But that is not really a very good way miracles because they have no other who have volunteered to collect it, we for the Senate to work when we have choice. really appreciate that. three-fourths of us, a majority on both One such child is a friend of mine. He I cannot believe that Senator COL- sides of the aisle, who are for some- is a personal hero. His name is Jack LINS’ request to bring up an amend- thing and we are ready to move Hoffman. Jack Hoffman is a 7-year-old ment that would allow a phase-in, that through it with amendments and im- boy. He was born and raised in Atkin- would give everybody extra time, provements and debates. This is not a son, NE. would be objected to, but, as I said, good procedure, but it is procedure. Jack’s early years passed like those when we checked we found out that ev- This is the season for parades in Ten- of many children his age who live in erything is going to be objected to, nessee. On weekends and Fridays, I go Nebraska communities. He learned to which will bring us to a cloture vote. home. I have a rule of thumb: Walk in fish and hunt. He went for long bike I yield the floor. parades. I put on my red-and-black rides. He played sports. He started The PRESIDING OFFICER. The Sen- plaid shirt that I walked across Ten- school. He made friends with many of ator from Tennessee. nessee in. I walked in the Saint Pat- his classmates. I am willing to bet lit- Mr. ALEXANDER. Madam President, rick’s Day parade in Erin. I walked in tle Jack has also had a fight or two I know the Senator from Louisiana is the Mule Day parade in Columbia— with his siblings. coming. When he comes, I will be 100,000 people there, lots of mules But childhood for Jack took a quick through. there. I always try to walk at the front and unexpected turn on April 22, 2011— I say to the Senator from Wyoming of the Mule Day parade for obvious rea- almost exactly 2 years ago—when Jack who just said that apparently there is sons. And tomorrow I was looking for- suffered a life-threatening seizure. an intention to object to any amend- ward to walking in the parade at the Upon examining him, doctors had ment, just to review, we started Mon- Paris Fish Fry. But if we continue to shocking news: Jack had brain cancer. day. object to every amendment to this bill, Jack immediately underwent surgery We could have started amendments I will not get to walk in the Paris Fish to remove this cancerous mass on his Monday if there were no objection, but Fry tomorrow, but we will pass the bill brain, but the surgery did not bring

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2992 CONGRESSIONAL RECORD — SENATE April 25, 2013 about the results they hoped for. As I admire the Hoffmans for their un- by the American traveling public and doctors desperately sought an answer, wavering commitment to transform businesses on the FAA. We heard the Jack’s young body continued to be rid- this very personal trial into a force for majority leader say we couldn’t do the dled with seizures. Within 5 months, he good. I am deeply grateful for all they sequester because we still have the endured a second brain surgery which have done to find a cure. same amount of money, and there is no removed 95 percent of the remaining Today the Senate commends the way we could cut the $40 billion out of tumor. But despite this success, in Hoffmans, Team Jack, and all those our budget over the next 6 months. April 2012 the MRI showed that Jack’s Americans who work tirelessly to bat- I thought I would just draw a little cancer had returned and doctors deter- tle and bring attention to pediatric comparison for us so we could actually mined it was inoperable. So Jack brain cancer. The resolution Senator see the Federal budget, and then we quickly began 60 weeks of chemo- KLOBUCHAR and I are submitting recog- could make a comparison to the aver- therapy, employing an outdated regi- nizes the unique struggles of pediatric age family budget. Here is the Federal men used by doctors for over 25 years. brain cancer for their patients and budget. This is last year’s Federal Unfortunately, diminished research their families. It commends scientists, budget. We spent $3.7 trillion, we took funding for pediatric brain cancer has researchers, and health care providers in $2.46 trillion, and we had a deficit of stunted medical advancements, so working to modernize and improve the $1.32 trillion. We added to our total treatment options remain limited. But diagnosis and treatment options; and, debt, so we have come to a total debt Jack and his parents didn’t despair. importantly, it designates September now of $17.57 trillion. The sequester They remain hopeful and determined to 26, 2013, as ‘‘National Pediatric Brain cuts are $85 billion, and $85 billion discover God’s will in their hardships. Cancer Awareness Day’’ to encourage sounds like a lot of money. In a recent Omaha World-Herald efforts toward the early diagnosis and Now let’s compare it to the average story, Jack’s father Andy is quoted as treatment and ultimate cure for this family household in America. The me- saying: disease. dian household income in America last I don’t know why God chose Jack to have So at this time I ask unanimous con- year was $53,000. By the way, in real this. But I do know that we can make some- sent that the Senate proceed to the dollars that is less than what it was in thing good out of it, and that’s promote the consideration of S. Res. 116, submitted 1989—less than what it was in 1989. improvement of treatments of this disease. earlier today. If we spent money in households the So the Hoffmans set out, they set out The PRESIDING OFFICER. The way the Federal Government spends on a mission to raise awareness for pe- clerk will report the resolution by money, we would have spent $81,000. We diatric brain cancer. title. would have only earned $53,000, but we This is a rare but devastating disease The assistant legislative clerk read would have spent $81,000. We would that poses unique health and develop- as follows: have had an annual credit card debt mental problems for the 3,000 child pa- A resolution (S. Res. 116) designating Sep- that we would have chalked up of tients who are diagnosed each year. tember 26, 2013, as ‘‘National Pediatric Brain $28,000 doing exactly what the Federal Jack and other children suffering from Cancer Awareness Day’’. Government does, which would have brain cancer endure seizures, difficulty There being no objection, the Senate made our total credit card debt speaking, and trouble with their bal- proceeded to consider the joint resolu- $375,000. ance. The list, unfortunately, goes on. tion. We are spending $81,000, and if we cut They spend long periods of time away Mrs. FISCHER. Mr. President, I ask the amount of spending in the seques- from their families, friends, and class- unanimous consent that the resolution ter as a percentage of the total Federal mates. They miss school, they miss be agreed to, the preamble be agreed budget as to the median family income football games, and they miss out on to, and the motions to reconsider be in America, we would have cut $182. childhood. laid upon the table with no intervening That kind of puts it in perspective. The Hoffmans’ fundraising efforts action or debate. How many families would continue through the Team Jack campaign have The PRESIDING OFFICER. Without to be able to operate this way? They yielded over $300,000, and it is all for objection, it is so ordered. wouldn’t. No credit card company pediatric brain cancer research. The resolution (S. Res. 116) was would continue to give them $28,000 Although there are countless worthy agreed to. worth of credit card debt. They cer- charities across our country, my hus- The preamble was agreed to. tainly wouldn’t let them run up $375,000 band Bruce and I feel a special connec- (The resolution, with its preamble, is and then say: Oh, by the way, what are tion with Team Jack, and we have you doing about getting your finances printed in today’s RECORD under ‘‘Sub- worked very closely with the Hoffman mitted Resolutions.’’) in order? Your response would be: I family to increase awareness of pedi- Mrs. FISCHER. Thank you, Mr. have cut $182 out of my budget this atric brain cancer. President. I yield the floor. next year. While Jack and his family have been What we are seeing is a farce when friends of mine for many years, he was f we talk about we can’t cut $44 billion first introduced to most Americans MARKETPLACE FAIRNESS ACT OF or $88 billion out of the Federal budget when he became an overnight football 2013—Continued over a year’s period. It is an absolute star—complete with his own trading farce. card—and he did this at the Huskers Mrs. FISCHER. I suggest the absence Then when you talk about the FAA, spring football game on April 6, 2013. of a quorum. in fact, they have less controllers now Jack suited up with football pads and a The PRESIDING OFFICER. The than they did in 2010. If you look at the No. 22 jersey, and little Jack ran 69 clerk will call the roll. budget requested in 2013, there is about yards. He scored a touchdown in front The assistant legislative clerk pro- a $300 million difference between the of 60,000 screaming fans in our Memo- ceeded to call the roll. sequester level and, actually, it is the rial Stadium in Lincoln, NE. Mr. COBURN. I ask unanimous con- same as in 2010. In a single dash across the gridiron, sent that the order for the quorum call What the FAA and the administra- little Jack Hoffman touched the hearts be rescinded. tion are telling us is there is no way of millions of Americans, and that in- The PRESIDING OFFICER. Without they can possibly do anything to asso- cludes 7.6 million YouTube viewers, objection, it is so ordered. ciate less inconvenience and less de- and he increased awareness of pediatric Mr. COBURN. I ask unanimous con- layed flights. Yesterday there were brain cancer. sent to speak as in morning business. 6,800 flights delayed to make it hurt. It didn’t take a touchdown, though, The PRESIDING OFFICER. Without I want to enter something into the to make Jack a hero. He smiles objection, it is so ordered. RECORD that came up on my whistle- through the pain. His courage and his SEQUESTER blower site. This is an employee of the resilience represent the very best of Mr. COBURN. I wanted to spend a FAA and what they were told in a the human spirit and the very best of minute as we have had a lot of discus- meeting on Monday by management. our Nation. sions over the pain that is being caused Here is what they were told.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S2993 ‘‘I hope this is the appropriate chan- control supervisor. I am writing you ference in our view of how we get nel to contact you through.’’ I am not because I don’t want to lose my job there, but there is no difference that going to say who works for the FAA but, more importantly, I don’t want to we do have a Constitution, and it is not and asked me to e-mail you. We want see safety across the Nation be deterio- un-American to think we ought to to ‘‘let you know that the FAA man- rated at the risk of the lives of avi- honor our oath to that Constitution; agement has stated in meetings that ators. Sir, I don’t need to remind you that we ought to truly follow the Bill they need to make the furloughs as about the importance of safety and of Rights and not pass laws that aban- hard as possible for the public so that would like to talk to you about what don it; that we truly ought to embrace they understand how serious it is. Due could have happened on the day OSU the enumerated powers. to this there is management trying to played OU 16 February 2013. Please call Over the last 3 years the GAO has make everyone take the same furlough me day or night. shown us where $250 billion a year in day so that the FAA shuts down com- The fact is there is a bigger story be- waste is, and yet the Congress has done pletely on that day. Union employees hind that, which I will make a speech nothing. Senator FEINSTEIN and I are supposed to be able to pick their on tomorrow, to actually detail what is eliminated $6 billion a year in terms of furlough day, but are being pushed by going on. the ethanol blenders credit. That is the management to take the same day as When we hear there is no risk to safe- only thing that has gone through in 3 everyone else. Example, recently there ty, and here is a supervisor saying years that even comes close to address- was a meeting between’’—and I am not there is, what are we doing? This is a ing what the GAO has recommended going to say between which group of contrived farce to make the American out of $250 billion. employees, but at the FAA, ‘‘manage- people think we can’t cut $182 out of an You can understand why people ment, and union where the union re- $81,000 budget, put in simple family might be cynical of Washington—be- minded a manager that he cannot force budget terms, or we can’t cut $85 bil- cause we don’t have our nose pointed in them to take off the same day. A union lion out of a $3.7 trillion budget. the right direction. We continue to employee wants Wednesdays off so an- When we get down and look at it in pass laws that ignore the enumerated other employee, under the managers those terms, everybody in America powers. orders, tried to make the union em- knows it is possible to do that. Every- One of the results of that is $250 bil- ployee change his mind. When the body knows all it takes is some com- lion of duplicative programs which union employee asked why, the other mon sense and the utilization of prior- have no true metrics on them. If they employee said to prove a point. I do not ities that are in the best interests of were all working, that would be fine. know if any of this information is use- the country, not the best interest of But, in fact, most aren’t. ful or not. If it is I’’ will contact you any political party or political philos- I think it needs to be countered that with more information. ophy, to actually accomplish this. there are a lot of disparate views in our Well, the fact is, if that is really I must say I am disappointed in the country, but the motivation behind going on, that the management at FAA Department of Transportation. I am them is really love of country. Whether is trying to make union employees all disappointed in the FAA that they they are on the hard left or on the hard take the same day off, what is that would be so callous as to carry this for- right, it is just a different path. To about? Is that about airline travel in ward. compare that group of people to anar- America or is that trying to make the I also want to make some comments chists is both insensitive, inaccurate, sequester hurt? Is that about $182 out about the remarks of the majority and outrageous. What we need in our of your budget and we can’t even do leader 2 days ago about the tea party. country today is leadership that pulls that? We have the government’s manage- I have to say I adamantly disagree. The us together, not leadership that divides ment manipulating a program so that tea party people I know from Okla- us further. What we are seeing is just it hurts the American public? How cyn- homa and the Midwest love our coun- the opposite. ical, how un-American is that. try. They want an effective, efficient I would ask my fellow Americans if I would ask unanimous consent to government. They want a government they think on a comparative basis we submit this e-mail for the RECORD. that follows the Constitution. They couldn’t cut $182 out of an $81,000 budg- There being no objection, the mate- want the rule of law to be supported all et, if that is too much, especially since rial was ordered to be printed in the the time. the fact that this budget has grown 89 RECORD as follows: He related and compared them to an- percent in the last 10 years while their Sent: Wednesday, April 24, 2013 8:16 AM archists. Nothing could be further from income has gone down 5 percent. Which To: Coburn, Whistleblower (Coburn) the truth. Are there some crazy opin- is the better way? Should we raise your Subject: FAA Furlough ions on both sides of the extremes in taxes and spend more of your money or SEN. COBURN: I hope this is the appropriate both parties? You bet. But the vast ma- should we actually decrease and elimi- channel to contact you through. My wife jority of people in America understand nate tremendous amounts of wasteful, works for the FAA and asked me to email over the last few years they have had ineffective, and inefficient government you for her. She wanted me to let you know to do more with less at the same time that the FAA management has stated in spending and not sacrifice the future of meetings that they need to make the fur- the government is doing less with our children? loughs as hard as possible for the public so more. I don’t think the answer is com- that they understand how serious it is. Due To indict a group of people who care plicated. I think most of America to this there is management trying to make just as much about this country but would agree that we could get $182 out everyone take the same furlough day so that see a different way of solving the prob- of $81,000. That is the comparative the FAA shuts down completely on that day. lems, who say we should live within ratio of $85 billion out of $3.7 trillion Union employees are supposed to be able to our means, that we shouldn’t borrow and what we heard the majority leader pick their furlough day, but are being pushed against our children’s future, that we by management to take the same day as ev- say that is impossible to do. It is only eryone else. Example, recently there was a should follow the Constitution, that we impossible to do this because we don’t meeting between employees, management, should follow the enumerated powers, want to do it. and union where the union reminded a man- that we should honor the Bill of I have spent 8 years outlining waste ager that he cannot force them to take off Rights—that we should honor the Bill in the Federal Government. Very few the same day. A union employee wants of Rights asking us to do the very of my colleagues have helped eliminate Wednesdays off so another employee, under things that our oath calls on us to do— that waste. The reason is they are dou- the managers orders, tried to make the to me, the fact that the majority lead- ble minded. In their hearts they want union employee change his mind. When the union employee asked why, the other emer would attack that group of people as the best for the country, but they also ployee said to prove a point. I do not know a class and relate their motives to that want to get reelected. Every one of if any of this information is useful or not. If of anarchy is very shameful. They even those duplicative, wasteful programs it is I can get my wife to contact you with make the comparison, but it is also has a constituency. more information. made out of ignorance. So parochialism trumps patriotism Mr. COBURN. Here is another from Everybody in this country wants the in the Senate. That is the only expla- an FAA supervisor: I am an air traffic best in the long term. There is a dif- nation for why we haven’t addressed

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2994 CONGRESSIONAL RECORD — SENATE April 25, 2013 what the GAO has plainly said is dupli- where did they get their motivation? It ployees in past due taxes. I am not cation, waste, and actual stupidity. is an embarrassment. talking about taxes that have been ad- When we have over 100 job training The fact is the Senate has not acted judicated or settled or that have been programs, 47 for the nondisabled, and in the best interests of the country in worked out. I am talking about taxes all but 3 of them do exactly the same the long term, and what we have de- owed today that haven’t been paid. The thing, and most of those do not have a nied—the fact is we cannot cut $182 out Federal Government has the ability to metric—in fact, none of them have a of an $81,000 budget. We cannot do that; garnish those wages, but they will not. metric to say whether they are effec- it is too hard. But nobody in America The way we get rid of a $1 trillion tive—and we will not reform it, we are believes that. Nobody believes it. So deficit is $1 billion at a time. On active saying we do not care; we cannot cut what we do is call up all of the heart- Federal employees right now there is $182. wrenching things we can to say how $1.1 billion in tax arrears and $2.2 bil- When we have 110 teacher training terrible it is but do not talk about the lion from retired. That is undisputed. I programs, and none of those has a met- real fact that we are living way outside am not talking about disputed. This is ric, across 9 different agencies, not in of our means. We are living on the undisputed and hasn’t been paid. So if the Department of Education, and none backs of our children. Every day we are there is an agreement that has been of those has a metric. We spend about stealing their future and we refuse to worked out, if they are working it out, $4 billion a year on them, and we do admit to the very real concept that that is fine, this amendment does noth- not know if they are effective and we that is morally wrong. It is especially ing. will not conform them into 1, even if it morally wrong when we, if we did our We are laying off people at the FAA. is a role for the Federal Government, jobs properly, would not be doing it. A portion of these people at the FAA, or into 2, and eliminate and get some I yield the floor and I suggest the ab- whether it be in communications or a consolidated savings, what we are say- sence of a quorum. secretary or whatever, owes the Fed- The PRESIDING OFFICER. The ing is we cannot cut $182 out of an eral Government thousands of dollars, clerk will call the roll. $81,000 budget. but we are asking somebody else to You see, the problems are not insolv- The assistant legislative clerk proceeded to call the roll. take a furlough day rather than either able. There is no attempt being made terminating this other individual or to solve them. So we get a choice, Mr. COBURN. Mr. President, I ask unanimous consent that the order for garnishing their wages. Something is America gets a choice: Continue to op- wrong with that picture. erate as we are, and what we are actu- the quorum call be rescinded. This amendment says we are going to ally going to do is put handcuffs on our The ACTING PRESIDENT pro tem- do that. We are going to actually en- children and shackle their legs and pore. Without objection, it is so or- force the rule of law and we will apply take away the opportunity of a life dered. Mr. COBURN. Mr. President, I under- it equally to Federal employees as we equal to ours. We are stealing that stand there are going to be objections apply it to everybody else in this coun- from them. try. When we have the majority leader of to amendments, but I am going to offer the Senate say it is impossible for us to them anyway and let people object. This will save, over the next 2 to 3 cut $182 out of an $81,000 budget, what One of the ways the Senate is running years, about $3 billion. Yet I can’t we are saying is our priorities are now is that we have spent 3 days doing bring up this amendment. I understand wrong. I can go through the list. We nothing, so I am going to talk about the dynamics that are ongoing. I have have 204 science, technology, engineer- my amendments. If they get objected no personal animosity toward Senator ing, and math programs. Twenty-one to, fine. But the fact is the American BAUCUS or Senator DURBIN for object- different agencies run those. Half of people should know what we are doing ing to the amendment. I know what is them are at the Defense Department. rather than spending all our time in happening. But the fact is we can’t None of them has a metric to see if quorum calls. bring up an amendment to save us $3 So I will be calling up several amend- they are working. They are well in- billion. ments. If they are objected to, I will tended. Why do we have 204 science and The Marketplace Fairness Act is spend the time talking about those technology programs? Nobody can an- going to pass this body. Everybody amendments. I have no intention of swer that question. We just have them knows that. But what we can’t do is losing the floor until I have finished because somebody saw a need but did the regular work of the American peo- calling up all my amendments and not look to see what we were already ple and we can’t get a vote on an talking about each of them. amendment that would actually save doing or make what we were already I just gave a talk on the tremendous doing work. It is not rocket science. It us $3 billion. waste that is in this government, but Mr. DURBIN. Would the Senator is common sense. There is not a thim- there is a lot of other waste and ways bleful of it in Washington. There is not yield for a question? to solve it. Most of these amendments Mr. COBURN. I would be happy to a thimbleful of common sense in Wash- have bipartisan sponsors or have had in ington; otherwise, we would be address- yield to my colleague from Illinois. the past, and they are about good gov- Mr. DURBIN. The Senator from ing these programs. We would not have ernment. I understand there will be ob- a statement saying there is no way we Oklahoma is my friend, and we have jections, and that is fine. Members can worked together on many occasions. I can cut $85 billion out of a $3.7 trillion defend the objection and the fact that wish to state for the RECORD, because budget. America does not believe that. there are not going to be any amend- Now we have sequester and a refusal he knows it and I wish to put it on the ments on the bill, but I am going to by the administration to even accept RECORD, that we have what is called a offer mine anyway. blue-slip problem. There are no Federal flexibility if we were to grant it, or any The first amendment I would like to taxes as part of the underlying bill. In request for reprogramming to make it call up is amendment No. 753 and I ask fact, no taxes—no new taxes. If we add better for the American people. What unanimous consent for its consider- a provision, which the Senator has sug- we have is a political stunt by the FAA ation. that not only inconveniences travelers The ACTING PRESIDENT pro tem- gested—and he has six or eight amend- but puts people at risk, markedly af- pore. Is there any objection to setting ments each dealing with the Internal fects business, and changes people’s aside the pending amendment? Revenue Code, and many of them very lives. When you think about those peo- Mr. DURBIN. I object. meritorious—they would be objected to ple who are not going to make the fu- The ACTING PRESIDENT pro tem- and the bill would be rejected in the neral of one of their loved ones because pore. Objection is heard. House because revenue measures have of this stunt or are not going to be at Mr. COBURN. I will discuss amend- to originate in the House of Represent- a graduation because of this stunt or ment No. 753, and I appreciate the ob- atives. the airlines and the significant losses jection by the Senator from Illinois to So it is a technical, procedural objec- they are incurring every day because of that amendment. tion and does not reflect my feelings this stunt, you have got to ask: Who in We have over $4 billion owed to the about the substance or about the spon- the world is leading this country and Federal Government by Federal em- sor.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S2995 Mr. COBURN. I understand that, but The ACTING PRESIDENT pro tem- neys in prosecuting criminal violations I think this amendment has no tech- pore. Objection is heard. of tax-exempt and charitable organiza- nical problem because it does not raise Mr. COBURN. This is an amendment tions. new revenues. It is simply a direction to require a report from the Treasury Mr. DURBIN. Will the Senator yield for performance of the Federal Govern- Department on the abuse of tax-exempt for a question? ment, which is the marketplace fair- status by charitable organizations. Mr. COBURN. I am happy to. ness. We are directing what will happen What we have seen in studies by the Mr. DURBIN. I would like to say I to the States and the involvement of GAO and the IG is that many profes- would vote for that in a second and I the Federal Government in it. So there sional athletes set up charitable orga- am not ruling out the possibility of may very well be a blue-slip problem nizations and then use them inappro- agreeing to allow the Senator to offer with some of the others, but I don’t priately to pay the expenses of their this as an amendment to the bill. think there is with this one. lives. All we are asking from the IRS is Please let us see if it raises a blue slip The point is here we sit. I just gave a to take a good look at this. Let’s not issue, which we mentioned earlier, speech saying it is $182 out of a $81,000 allow this aspect of a very well-in- which is a procedural issue, which budget we say we can’t cut. That is the tended tax law to be utilized to skirt means if it has a revenue measure in it equivalent family situation I just lined expenses and taxes. initiated in the Senate, it would be up here, and here is a way to get $3.2 On March 31, 2015, ESPN investiga- subject to a blockage or objection in billion that is owed and due back into tive unit ‘‘Outside the Lines’’ released the House, which we are trying to the Federal coffers and we are not the findings of an in-depth look at 115 avoid. going to allow it. different charitable organizations This is a measure Senator ENZI So we could allow the amendment founded by prominent athletes. They worked on for 12 years. I have worked and then table it. The fact is we don’t gave extensive details of that inves- on it for several years. We would like want to do that either. In talking to tigation. What they outlined was that to get this measure up for a vote and my House colleagues, it is going to be 74 percent of these nonprofits fell short for approval in the House. If the Sen- a while, if ever, if this bill actually of one or more of the acceptable guide- ator from Oklahoma is offering a meas- sees the light of day. So we ought to be lines for nonprofit operating standards. ure that would not jeopardize that, I voting on the things that will actually That means they are operating outside am at least going to entertain that make a difference. the law or do not meet the require- idea, and I will talk to my staff about I don’t disagree it is unfair on the ments for a charitable organization. it. Marketplace Fairness Act. I think the Yet nothing has been done about it. Mr. COBURN. I appreciate the com- exclusion level is way too low for any Here again they are asking for over- ments of my colleague, and question. business to be able to afford to comply sight, asking for us to do the right The next amendment I would like to with it, but that is another story. The thing, asking us to get the money that call up is amendment No. 767, which re- very fact is we are not doing what we is actually due the Federal Govern- quires all legislation to be reviewed be- could do to collect the revenue we are ment. We are not going to get a vote on fore it is considered by the Senate to due now. This is an example of just it. We are not going to have an ability determine whether duplicative or over- saying: Start enforcing the law. Start to vote on it. We are not going to di- lapping programs are created. I ask using the tools at hand at the Treasury rect the IRS to actually do that and that that amendment be called up and and the different agencies. Yet we are actually recapture some of the money the pending amendment be set aside. not going to get to vote on that. We that is actually due to the Federal The ACTING PRESIDENT pro tem- ought to vote. If they want to table it, Government. pore. Is there objection? fine, but not to allow an amendment to All it is is a study: Tell us how bad Mr. DURBIN. I object. come up? We are not postcloture, but this problem is and what you are going The ACTING PRESIDENT pro tem- we are not allowing an amendment, to do about it. How are you going to fix pore. Objection is heard. which means I don’t have the right to it? But, no, we are not going to do that. Mr. COBURN. Here is one that modify a bill or even have a vote on We are going to continue to allow the doesn’t get anything as far as a blue modifying the bill. process to go on so that some of the slip. What we now have is 3 years’ I understand what is going on, but I most wealthy people in our country worth of reports by the General Ac- think that is a significant amendment. continue to pay less taxes than what countability Office showing at least Most Americans don’t know Federal they owe because Congress is dysfunc- $250 billion in questionable programs employees who are actively working tional. that are markedly duplicative of one today owe that kind of money to the I am not going into the individuals another. This is multiple areas, and I Federal Government. Yet nothing is who were named in the ESPN story. I have them now memorized and all the being done about it and no consequence think it created quite a stir in the new ones too. It is layer after layer, for not paying. I guarantee if you are media. Yet we have seen no action ei- agency after agency, program after out there and you are not paying, you ther in the House or the Senate in this program. are feeling the full force of the IRS. area. All we are asking with this This is a bipartisan amendment. All I ask unanimous consent to bring up amendment is the number of charitable this says is that before we create an- amendment No. 751 and set aside the organizations that existed 10 years ago; other program in the Senate, we have a pending amendment. the number that had their tax-exempt The ACTING PRESIDENT pro tem- report from the Congressional Re- status revoked each year since 2007; the pore. Is there objection? search Service: Does this duplicate a Mr. DURBIN. Mr. President, reserv- number and nature of the allegations program that is already out there? If ing the right to object, I appreciate I of the problems made to the Internal we continue doing what we are doing, have to object, but I want the Senator Revenue Service with respect to chari- we are going to continue to get GAO from Oklahoma to please explain the table organizations that were founded reports that we are creating programs amendment. in this area of expertise for charitable that duplicate what we are already Mr. COBURN. Can I actually have it organizations and what the IRS has doing. read and then the Senator from Illinois done about it over the last 6 years; a It is not the fact that maybe our in- object after having it read? description of the challenges the Inter- tent is good, it is the fact that we don’t Mr. DURBIN. Whatever way the Sen- nal Revenue Service faces in trying to know what is out there now—except ator from Oklahoma wishes to explain enforce and oversee such organizations; GAO does now—and how will we ever it. I will object at this point. the number of criminal investigations know until we put a requirement on I am sorry, I understand that can’t be of charitable organizations conducted ourselves to quit creating new duplica- done. by the IRS since 2010—in other words, tive programs? What the commonsense Mr. COBURN. All right. Let me ex- what are you doing about the prob- man would say is that if you have pro- plain a minute, and the Senator can lem—and then finally an explanation of grams that are doing things and they object ahead of time or later. It doesn’t any problems the Internal Revenue are not working, don’t create another matter when. Service has had with the U.S. attor- one, fix the ones you have. Yet we

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They have driven a car 2 or 3 were failing and were duplicative and tion that we are not ever going to do years longer than they wanted to and didn’t have the metrics, and they con- that again. That is not a wise expendi- put money into an old automobile be- verted those to 6, 36 out of 47 because ture of taxpayer money. It is probably cause they could not afford to go the the committee that did this, the not constitutional. It has never been other way. They have changed the way SKILLS Act, only had jurisdiction over challenged. It certainly does not fall they enjoy themselves as a family be- them. They created six programs, and within the enumerated powers of the cause of what we have done. They have they put metrics on it. We spend $19.8 Constitution, article I, section 8. So it made hard choices. They have gone billion on those 47 programs. We are is another way of saving us some through the priorities in their lives and going to achieve wonderful savings. money. said: What is important based on the But the most important thing we are I would just repeat my point. We amount of money we have? going to do with the SKILLS Act is we have the FAA out there intentionally That is not just in Oklahoma; in are actually going to give somebody a causing pain and harm to the American every State in this country they have skill with the money we spend rather public today, and we have the Senate done that. Everybody has done that but than wasting 80 percent in the job- intentionally not doing what will solve the Federal Government—the Federal training programs we have, and that is those problems—intentionally not Government. And once we do take $182 what the oversight says. When you doing what will solve those problems. out of a $150,000 family budget, which I look at it, that is what it says. We are not trying to find the waste. We showed an example of earlier, what we For us to not continue adding to the are not offering bills to eliminate the are told is, we can’t do that. There is problem, this is an amendment—it does waste. We are not offering bills to no way. It is impossible. We can’t do not have a blue slip problem, so what is eliminate duplication. We are not try- that. wrong with considering this amending to refine programs to make them Then we have a demonstrated, overt ment? I ask my colleague, what is better. We are not trying to save Medi- exacerbation of something that was not caused by the sequester, that could wrong with considering this amend- care and we are not trying to save So- have been averted, to prove a point ment? This is common sense. It works. cial Security—the very things that are that we cannot cut a penny from the It will actually cause us to not do stu- very important in terms of what is get- Federal budget. pid things in the future. It will actu- ting ready to happen to us. When $100 billion a year in Medicare We cannot point to the administra- ally help us to be better stewards of and Medicaid fraud is ongoing in this tion and say they are cynical without the public’s money. Yet we are going to country, we are talking about trim- pointing to ourselves as well. Here is object to bringing it up. ming the availability of Medicare serv- $200 million that we spend every 4 Mr. DURBIN. If the Senator will ices to seniors, and we have not solved years. Why don’t we quit spending it? yield? that problem. We are not believable If the political parties—I have never Mr. COBURN. I will be happy to anymore; we are not trustworthy any- been to a political convention in my yield. more. Mr. DURBIN. Just to restate, we are life, but if they want to have a party, This is a very simple, straight- going through—I think the Senator has they ought to pay for it and we should forward amendment. I know $200 mil- six or eight amendments. We are going not charge it to DICK DURBIN’s lion doesn’t sound like much in Wash- through those in a good-faith effort to grandkids or MIKE ENZI’s grandkids or ington, but it is a ton in Muskogee, OK. find those which would complement TOM COBURN’s grandkids or anybody I will offer my amendment again and what we are doing and not create a else’s grandkids, which is what we are there will be objections. What will problem substantively. My objection at doing. probably happen is that I will not have this moment should not be taken as an We are probably not going to get a a chance to offer it again because it is objection beyond this moment. We vote on this amendment either, which not germane to the bill, and then when would like to work with the Senator in shows again that our focus is not on we get postcloture, it will be ruled non- good faith to do this. what is most important for our coun- germane. Mr. COBURN. I thank my colleague. try; our focus is on us. We have not set We will not have a chance for Sen- I will make my mark on what I am about to solve the big problems for our ator DURBIN or Senator ENZI to object going to reoffer in the future. country. in the future because of the rules we I ask unanimous consent to call up This is a no-brainer. There are not are operating under. We are not going amendment No. 766 and have the pend- many people other than those people in to have any amendments until we get ing amendment set aside. the political hierarchy of each party postcloture, which means everything I The ACTING PRESIDENT pro tem- who would be against this. Yet it is not have talked about so far is not even pore. Is there objection to setting aside even going to get a vote. What does going to be considered. the pending amendment? that say to the American people? Sure, We could consider them. We could Mr. DURBIN. Reserving the right to it is only $200 million. Two hundred allow them to be voted on. We could object, I do not know the substance of million dollars. Two hundred thousand demonstrate to the American people the amendment. thousands. We talk about millions as if we are actually interested in trying to Mr. COBURN. I am happy to let the they are nothing. Most of our fellow solve some of the problems up here, but Senator object ahead of time, as he ob- citizens will have trouble making that we decided we will not do that. It is viously is going to. amount of money in their lifetime, and pretty frustrating to me as a Senator, Mr. DURBIN. I object. It is a good- we flip it off as nothing. but it has to be terribly disappointing faith objection. I hope the Senator un- This is a simple amendment. It has to the average American. derstands. been objected to. I understand. I have I have just outlined about $5 billion The ACTING PRESIDENT pro tem- no animosity toward my colleague. I worth of savings with the four amend- pore. Objection is heard. understand what is going on. But do we ments I have talked about. We are not Mr. COBURN. Every 4 years the Fed- really want to solve problems for the going to get to vote on them. Now, $5 eral Government spends $200 million so American people or do we just want to billion is almost Oklahoma’s entire both political parties can have a party. play this game some more? It is dis- State budget for 1 year. This is easy, We are $17.4 trillion in debt as we speak turbing. It has to be disturbing to the simple stuff to do. Mark my words, we at this moment. That is $50 million a average American. will never vote on one of these amend- year. The way to get rid of a billion- In the last 5 years the average Okla- ments associated with this bill. Since dollar debt is $50 million at a time. The homa family has truly struggled to get we don’t have real amendment oppor- way to get rid of a trillion-dollar debt by, and we have been one of the more tunities anymore in the Senate, they

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S2997 will only come forward when the ma- kids because that is $90 million we are have certainly elevated the prosperity jority leader decides he wants to vote not going to borrow against their fu- of the Federal Government, and we on them. He has been very recalcitrant ture. have certainly undermined the pros- in offering to vote on hardly anything The final amendment I will mention perity of our children. that will actually make a difference in is on subsidies for millionaires for I am worried about our country. I am our future in terms of finances. gambling losses. I will admit to Sen- worried about the loss of confidence in I am going to talk about the other ator DURBIN that this one does have a this body. I am worried about our amendments I wish to bring up. I will blue slip. For anyone who reports $1 abandonment of common sense. I am not make the Senator from Illinois ob- million in adjusted gross income a year worried about the fact that we ignore ject to them, so I will just talk about in this country, they have an unlimited the enumerated power and then we them. amount of gambling losses they can wonder why we get GAO reports that Amendment No. 29, which I will not offset against that. talk about the duplication and things call up, is an amendment on something I am not a big fan of gambling. If it that are not effective. I think is terribly unfair. If this was a great business, we would all be There is a great role for government amendment were passed, it would only gambling and be better off, but we are in a lot of areas in this country, but in save us $90 million a year. Does anyone not. Most of us are losers when we try many areas we are not effective and realize the Professional Golfer’s Asso- to gamble. The fact is the high rollers certainly not efficient. The reasons our ciation is a tax-free organization? They in this country get to deduct their Founders put the enumerated power in raise billions of dollars every year, but gambling losses, and it is a large was so the decisions that could be the money that goes into the PGA is amount of money. made on so many things would be made tax free—that actually goes into the We also don’t have any cutoff in at the local level so it would be done organization. They are a 501(c)6 tax-ex- terms of taking advantage of a lot of effectively and efficiently. empt organization. Not only does it in- other expenses, which is for a speech When we have this year’s GAO report clude the PGA tour, it includes the Na- another day, but here is one that is not showing that there is $98 billion worth tional Football League, the National necessarily great for society, yet we of duplicative waste—$250 billion over Hockey League, and it includes the incentivize because we give an unlim- the last 3 years of duplicative waste— LPGA. ited availability of deduction for the and we don’t do anything about it, Can anybody tell me why they are very wealthy. It ought to be something what we are saying is it is not impor- tax-exempt other than it is under a we change. tant. The future is not important, hav- loophole we have created? So if they Mr. DURBIN. Will the Senator yield ing the confidence of the American were not tax-exempt and they paid for a question? people is not important, our kids’ fu- their taxes as other organizations that Mr. COBURN. I will be happy to. ture is not important, and don’t worry, are in the business of making money, Mr. DURBIN. I am not much of a we will be able to pay all the debt the IRS would collect about $95 million gambler myself. I make a voluntary back. more a year from just these four orga- tax payment every once in a while and I will close with this: There are a lot nizations. buy a lottery ticket, although I realize of biblical principles about paying in- Professional baseball saw the light I will never win. terest and going into debt. Last year and gave this up. They said it was not Refresh my memory—and the Sen- we paid about $223 billion in interest right. They did it a number of years ator probably knows this—do I recall costs. If we took our historical pattern ago. They said it is not right. Yet we that the only deduction for gambling over the last 30 years of what our inter- continue to allow the well-heeled in losses is against gains in gambling and est is, we are actually paying the same our country to take advantage of the not against ordinary income? interest we were 25 years ago on one- Tax Code as we raise taxes on every- Mr. COBURN. It is against gains in fourth the debt. body else. I think this is something we gambling. The Senator is correct. If we took our historical interest ought to fix. Mr. DURBIN. I thank the Senator. rate, which is about 5.88 percent, and A lot of my colleagues on my side of Mr. COBURN. Nevertheless, we give applied it to where we are today, what the aisle don’t like this. I think it is an advantage to those with an adjusted we would see is our interest costs inherently unfair that the very profit- gross income of $1 million or more a would be $880 billion a year. That is able sports organizations in our coun- year. What we have done is given the going to happen to us pretty soon. No- try don’t pay taxes on the income their well-heeled and well-connected an ad- body knows for sure when, but interest parent organizations make. I am not vantage the average American citizen rates are not going to stay at zero for saying they don’t do some positive cannot do. I cannot recall, but this the Federal Government. We are not things. morning I read the exact amount of going to have the Federal Reserve con- The President talked about paying revenue. The point is it is the prin- tinuing to print money, and if we do, your fair share. This is one that is not ciple. then the value of our dollar is going to fair. Let’s make it fair. Let’s collect Over the next few months will—re- decline and we will all get taxed that money. It is not going to make gardless of this bill, its outcome—the through the decrease in value of what- any difference in what they do. Congress start addressing the real ever we have or hold. There are a few more organizations problems facing our country? We just The point I want to make is that the to add to this list: The ATP, WTP, the passed $740 billion worth of increased interest payment doesn’t help the poor- U.S. Tennis Association, Professional income taxes and payroll taxes at the est person in this country, it doesn’t Rodeo and Cowboy Association, the Na- end of the year. Supposedly we will help the single mom, it doesn’t help tional Hot Rod Association, as well as start cutting $85 billion over the next the kid in Head Start, it doesn’t help the ones I mentioned earlier also get 12 months. We will see if that actually our schools, it doesn’t help our mili- this benefit. happens, as we have grown the govern- tary, it doesn’t help our foreign serv- People say this is going to impact ment 89 percent over the last 10 years, ice. It doesn’t help anybody except the their teaching certification or their while the average American family in- person who has our debt. charitable activities. They already come has declined 5 percent over the Don’t we have an obligation to not have a 501(c)3. All of these organiza- same time. let that happen? Don’t we have an obli- tions have a 501(c)3. They have a (c)6 I made the statement earlier—and it gation to start addressing the very real just so they don’t have to pay taxes. can be checked on any Web site—if we problems in front of us? Not one dollar They have a charitable organization go by inflation-adjusted dollars, the av- we pay in interest helps anybody in for all of their charitable stuff as well erage American is where they were in America in the long-term net way. as their certifications. 1989. If we look at the size of govern- Last year the Chinese dumped $250 This amendment will take the extra ment, it is almost four times that size. trillion of our debt. We ought to ask $90-some million and give it back to It doesn’t seem to me we are accom- ourselves why. Their perception is that the American people. By giving that plishing a whole lot as far as elevating as their currency appreciates, our cur- money back, it is giving it back to our the prosperity of Americans, but we rency is eventually going to depreciate.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2998 CONGRESSIONAL RECORD — SENATE April 25, 2013 As my friends in Oklahoma say, one working with us, conferring with us, it has no relationship to the actual of the reasons we are doing so well hopefully, so something can be done, value of the property and what that right now is we are the best-looking and here, of course, it is Republicans property would raise if it were in pri- horse in the glue factory. We look good and Democrats—more than half of the vate hands, which is why there are because everybody else is looking so people—who are supporting this bill. some appeals around here to sell off bad. We are lulled into a position of As I said, I have worked for 12 years Federal property. But this year the thinking we, in fact, can get away with to get the bill to this point, and it usu- Federal Government said, Well, yes, we continuing to do what we have done for ally gets blocked at the committee owe that, and we haven’t been increas- years in Washington when, in fact, we level. This time it didn’t go to coming it so it is way below what the prop- cannot. mittee. I prefer bills to go to com- erty tax ought to be, but we are going I appreciate the time on the floor and mittee, but if we can’t get them to to cut you out of another 5.3 percent. I my colleagues’ consideration of my committee and we get an opportunity know people across America didn’t amendments. I understand what is hap- to bring one up, we do. have a choice of saving 5.3 percent of pening. I am not happy about what is One of the difficulties we have here is the money before sending it to the Fed- happening in the Senate. I think we there are a lot of things that have to be eral Government, but the Federal Gov- ought to be working on solving real done in the Senate, there are a lot of ernment is saying, For the taxes we problems. They are the biggest prob- things people want to have done in the owe, we are going to take 5.3 percent lems in front of our country. Saving Senate, and there are a lot of things out of it first. So there are a lot of Medicare is important. In 13 months, that have tremendous appeal through- things there that are going to infringe Social Security disability is going to out the United States or at least on States and counties and municipali- be out of money. Those people who are among certain people. ties. truly disabled are going to see a cut in It is my understanding the next I used to be a mayor so I know what their benefits. We are not going to be thing we are going to go to is water, the money is going to be used for and able to address that. and if my colleagues want to talk I know an essential part of that comes The time for us to be acting is now. about a sensitive issue in the West, from sales tax—in States that have I yield the floor. talk about water. My State gets an av- sales tax—and in those States the prop- The ACTING PRESIDENT pro tem- erage of 16 inches—yes, that is right, erty tax is usually pretty low. But if pore. The Senator from Wyoming. just 16 inches—of rainfall a year. Other they continue to lose revenue on the Mr. ENZI. Mr. President, I appreciate States get 16 inches in a month. We are remote sales that take their revenue the comments from the Senator from considered high desert, and we are conaway, they are going to have to prob- Oklahoma and have enjoyed working scious of our water. So we will be inter- ably raise some of those taxes. I know with him the entire time he has been ested in the water bill. there is a desire to force them to re- here. He brings up a lot of important Following that, I think, is the immi- duce some tax in exchange for what- issues, part of which is the financial gration bill which has gotten a lot of ever tax they get from this, but they shape our country is in right now. I no- publicity. There are a lot of people have been losing tax and they are going ticed his comment that we are the working on it, and there are a lot of to be losing tax. best-looking horse in the glue factory opinions that I think are actually This is a States rights bill. That is and so people are pouring money into being worked into some kind of a bill. how we got it shortened down so much. the United States. Again, if we had a process where peo- The States actually have to take some I went to one of the bond issue auc- ple could bring their bills up step by action in order to be able to do this. I tions where we and some people from step, we could probably go through hope we don’t try to dictate to the other countries were willing to take a with a lot more. Because one of the States what they do with whatever negative interest rate in order to buy complaints around here is bills often money they raise from this. But, again, our bonds, which means they think we wind up to be a couple thousand pages that is a possibility on an amendment. are the best hope there is out there. long and it is hard to digest that. It is I am sorry the Senator from Okla- But that could change pretty quickly, hard to bring the American people homa isn’t on the Finance Committee and 5.88 percent is the average, which along on it. But the bill we are talking anymore because there is the possi- changes to $880 billion a year, which is about here is an 11-page bill, and I bility, as we are doing tax reform right a lot more than we spend on defense. think it is probably one of the most now, to talk about a number of these So we need to be looking at some of readable bills people have ever had to things he brought up, including gam- those issues. work on. An 11-page bill shouldn’t blers who get to deduct their losses and It is difficult to get a bill up around probably take very long around here, the 501(C)(6) corporations that are tax- here. It is difficult to get a vote on an but it takes just as long as any other free. We need to be talking about amendment around here. I know, be- bill. So I am hoping for this one chance whether some of those things should be cause I have been working on the bill we have to shore up some of the State, tax-free, what their purpose is, where that is on the floor for 12 years, hoping county, and town revenues, particu- the money goes, how much is in the to get an opportunity on the floor. So larly since they are not going to be private sector, and what it is used for. I would love to give Senators all the able to come to the Federal Govern- Of course, I have been on the Finance amendments they want; I was just hop- ment for money. Committee and I have been going ing their amendments might be rel- In fact, the Federal Government is through these discussions on reforming evant—not germane, necessarily, rel- taking money away from them right the taxes, and every time we get into evant—to what we are doing; that it now and is talking about even more it, we think of a lot more things we would be something about the sales tax ways of taking money away from the could be spending money on. So some- collection. Those ought to come up. States, the towns, the counties, and times we talk about raising the tax in- But when amendments are brought up the municipalities. stead of making it fairer and simpler. as a result of frustration because peo- What we did recently in that seques- The two things can actually be sepa- ple haven’t been able to bring them up ter bill is we took 5.3 percent out of the rate. The policy of how we spend the before—or some have even been Federal Government’s payment in lieu money is supposed to be appropriation brought up before and voted down—I of taxes. They know they own prop- and authorization from the commit- would hope they would kind of con- erties in the States that, if they were tees. The committees say what they strain themselves on trying to make in private hands, would result in prop- think the money ought to be spent on those an amendment to this bill. erty tax, but they are in the Federal and then the appropriators are sup- Yes, there ought to be an easier way Government’s hands, and the States posed to stay within those limits. But to get things going around here, and I can’t tax the Federal Government. But that isn’t the way it exactly happens. think that would be in kind of a bipar- the Federal Government said, We know If we are going to have fairer and tisan way. This is a bipartisan bill. It that is wrong, so we will pay a tax. The simpler taxes, they are going to have is even bicameral. We have Repub- Federal Government decided what that to be fairer and simpler. I know Sen- licans and Democrats on the House end tax would be and they don’t raise it, so ator WYDEN has a principle that is a

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S2999 one-pager. That would be nice, if it to include in this unanimous consent rious about preventing unintended con- were only one page to fill out for our request his amendment No. 754, which I sequences, we need to change some of taxes. Of course, that means getting believe he is going to speak to now on the specific provisions of the bill. rid of a lot of things we have come to the floor, which relates to the sub- One particular troublesome aspect of take as standard policy in our taxes. stance of the underlying bill, S. 743. this bill is the preemption provision. In Again, a lot of those could be handled I am not asking for the consent at order to downplay the need for regular another way and they could be more this moment but giving notice to my order on this legislation, proponents of forthright and more honest on what ex- colleagues that this is a request that the Marketplace Fairness Act have re- actly we are doing, and probably fairer will be made after Senator HATCH has peatedly claimed that the bill has been to the recipients of some of the tax ex- spoken. around in some form or another for penditures we get. I yield the floor. over 10 years. And, in a sense, that is I appreciate the amendments brought The PRESIDING OFFICER. The Sen- true. up by the Senator. I hope others will ator from Utah. However, none of the previous come and at least explain their amend- Mr. HATCH. Madam President, on versions of this bill—including the ments, but I hope they will try to stick Monday, before the cloture vote on the version that was introduced just 18 to amendments that actually affect the motion to proceed to the Marketplace months ago—have included a preemp- sales tax provisions. If we try to put on Fairness Act, I came to the floor to dis- tion provision. some other kind of taxes or take off cuss the need to reinstate the com- Specifically, this provision states some other kind of taxes, we are actu- mittee process in the Senate. that this legislation ‘‘shall not be con- ally getting into the Ways and Means I have come to the floor many times strued to preempt or limit any power in the House which has the right to over the past few months to talk about exercised by a State or local jurisdic- start all of these kinds of issues, and the importance of restoring regular tion under the law of such State or they call that a blue slip. That means order. I know a number of my col- local jurisdiction or under any other they object to it and it is done for. So leagues share the same concerns. Yet Federal law.’’ At first glance this sounds innoc- if we end up with one of those for this here we are today debating another uous, but why was it only added to this bill, what it actually does is kind of piece of legislation that has not gone latest version of the bill? Why was it kill the bill. through the full committee. It has not gone through the full committee proc- not included in previous drafts? I am hoping after all the years of My concern is that this provision ess, and, once again, it appears we will work that we don’t kill the bill, par- seeks to address an issue that the au- be getting less than optimal results. ticularly since we found a way to sim- thors of the Streamlined Sales and Use I think the legislation before us is a plify it and make it a States rights sit- Tax Agreement have been wrestling prime example of why regular order is uation, so States have to take some ac- with for years, which is that States are so essential. The Marketplace Fairness tion and so the States understand the reluctant to surrender any taxing au- Act is a complicated piece of legisla- action they are taking. I am hoping we thority at all. can do that. But I appreciate those ex- tion that deserves more thorough ex- I always have been a proponent of planations and perhaps there are some amination. States rights. I have fought hard to I think the bill is well-intentioned, of those that somebody won’t object to. preserve the right of States to regulate and I am not fundamentally opposed to I don’t object. issues within their own spheres in a it. But make no mistake, there are At this point, I yield the floor and number of contexts. But we need to problems with this legislation as it is suggest the absence of a quorum. recognize, with this provision in place, currently drafted, problems that likely The ACTING PRESIDENT pro tem- we would be backing up State laws could have been avoided if the Finance pore. The clerk will call the roll. with Federal enforcement. By passing The assistant bill clerk proceeded to Committee had been given an oppor- this legislation as it currently stands, call the roll. tunity to fully consider the bill. we would be essentially signing off on Mr. DURBIN. Madam President, I ask I also understand the feelings of laws that have not even been written unanimous consent that the order for those who feel otherwise. But the com- yet. the quorum call be rescinded. mittee chairman offered to have a I think it is only reasonable to con- The PRESIDING OFFICER (Ms. WAR- hearing on a set date, a markup on a sider whether we should, after passing REN). Without objection, it is so or- set date, and go to the floor. I thought this bill, expect more aggressive State dered. that was a pretty good offer. sales tax laws to be enacted with the Mr. DURBIN. Madam President, my I am not here today to talk about the promise of Federal authority to enforce friend and colleague from Utah Senator process failures we have had with re- them. HATCH is going to give a speech in a gard to this legislation. I think I have My amendment would help us avoid moment. I would like to say before he made that point, and others have as the potential problems with this pre- speaks that after he has spoken, I am well. Instead, I am going to take a few emption provision by simply striking it going to ask for a unanimous consent minutes to talk about just a few of the from the bill. As I stated, this is a new which renews an earlier request but ex- specific problems I see with this legis- provision that deserves more careful pands it, and the request is going to be lation and how I propose to fix them. examination before being enacted into that we call up three amendments, two I have filed an amendment that law. of which have been objected to already, would address some of my concerns. I If the Finance Committee had been and a third one, Senator HATCH’s believe my amendment would make given an opportunity to examine this amendment. this bill more workable for businesses provision more thoroughly, it is pos- For my colleagues who are following and consumers around the country. sible these concerns could have been this debate in their office, the three For example, my amendment would addressed. But that is not the world in amendments we are talking about are implement a 5-year sunset on the tax- which we are living. Under the current amendment No. 740, offered by Sen- ing authority provided under this legis- circumstances, this provision should be ators PRYOR and BLUNT, a bipartisan lation. Like I said, this is a com- removed from the bill. amendment that relates to the Inter- plicated bill, and we are not precisely I should point out that I am not the net Freedom Act, a 10-year extension, sure what the impact is going to be. only person expressing concern about which was objected to yesterday; and Whenever Congress deals with legis- the potential impact of enforcing new then I will ask for consent that we go lation this complex, unintended con- State sales tax laws with Federal au- from that, after an agreed to time for sequences are to be expected. I believe thority. That is an important issue. debate, to amendment No. 771, offered we need to ensure that Congress has an Earlier this week the Securities In- by Senators COLLINS and KING, another opportunity to revisit these issues once dustry and Financial Markets Associa- bipartisan amendment that relates to we have had a chance to see how this tion released a statement saying: the effective date of the underlying bill is implemented. A 5-year sunset We believe the impact of this legislation legislation; and then, to Senator would provide that opportunity, but on trade and services has not been ade- HATCH, I would say that we are going that is not enough. If we are really se- quately explored by Congress. The bill could

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3000 CONGRESSIONAL RECORD — SENATE April 25, 2013 lead to unexpected costs being passed on to statute of limitations in situations nesses, particularly small businesses, consumers of financial services, including where fraud is not alleged. are not unduly harmed by this legisla- sales taxes on services or state-level stock One of the major driving forces be- tion. If you hadn’t noticed, the com- transaction taxes. hind this legislation is the fact that mon theme running through all of the On Monday, I quoted from a letter over the years, the number of tangible provisions of my amendment is a desire delivered to Senators from the Amer- goods purchased over the Internet has to protect small businesses. I think we ican Society of Pension Professionals increased exponentially. Proponents of all want to ensure small businesses are and Actuaries that argued: the Marketplace Fairness Act believe allowed to grow, expand, and create The legislation would allow states to it is necessary to level the playing field jobs. While I do not think the pro- impose a financial transaction tax that between Internet and brick-and-mortar ponents of this bill want to inten- would apply to American workers’ businesses. tionally harm small businesses, I do 401(k) contributions and other trans- While this is a fair point, it does not not think they have done enough to actions within workers’ accounts. address the issues surrounding the sale protect them from the burdens this 11- These are not concerns that can just of digital goods. Digital goods are often page piece of legislation would impose. be cast aside. These are experts in the consumed in places that are not at the Let me give you one more example. financial services industry saying there location of either the buyer or the sell- Businesses making less than $1 million is a set of problems with the way this er. That being the case, applying State a year in remote sales would be exempt bill is drafted. sales taxes to the purchase of digital from the sales taxes authorized under I am not saying the Marketplace goods presents a number of problems this legislation. That may sound like a Fairness Act will automatically create that are simply not contemplated or fair concession, but it warrants further these new taxes on financial services. resolved under this bill. examination. First of all, previous But unless we are sure the legislation Some of my colleagues in the Senate versions of the bill set the exemption would prohibit such taxes, we may be have spent time working on legislation at $5 million a year. Why has that handing a blank check of Federal in this area. In addition, the Stream- number been reduced over time? Is it power to States that are becoming in- lined Sales and Use Tax Agreement has an arbitrary number that sounds good creasingly aggressive with regard to also considered this issue. However, the or is there a specific target in mind? tax enforcement. legislation before us is completely si- These are the questions I have when I That is why my amendment requires lent on this and other matters. look at that number. My concern with the Government Accountability Office These issues demand more consider- placing the exemption at $1 million is to study whether, and under what cir- ation than will be possible under this it could subject smaller regional com- cumstances, the authority granted bill. That is why my amendment in- panies and individual sellers to sales under this legislation might allow cludes a carve-out for digital goods. tax burdens in States where they only States to impose taxes on financial Exempting digital goods from the sales do a small amount of business. In our transactions or retirement contribu- taxes authorized by this legislation already fragile economy the last thing tions. will give Congress an opportunity to we want to do is discourage the busi- My amendment provides a simple, examine this matter more fully and nesses from growing, expanding, and straightforward way to address a po- provide a solution that makes sense. creating new jobs. My amendment Another problem with this legisla- tentially serious problem with the would set the exemption at $10 million tion is that it does not take into ac- Marketplace Fairness Act. My amend- a year in remote sales. It would also count the costs businesses will face as ment would also require the GAO to index the level of the exemption to in- they transition into this new sales tax conduct a study on the costs incurred flation to ensure it does not shrink as system. There is just no way around it. by remote sellers in complying with the years go by. This bill represents a change to long- I recognize coming up with the exact the new sales tax requirements that standing policy that will require many definition of a small business is no easy would be imposed by States under this companies to incur additional costs. task. Any number we use will nec- bill. For example, as the bill stands as essarily be a rough figure because it There are serious questions regarding written, businesses that sell into mul- has to encompass different industries the economic impact of this legisla- tiple States will likely have to incor- and different business models. But set- tion. We are talking about a bill that porate multiple software packages into ting the exemption at $10 million would impose new costs on businesses their operations or create their own would protect small businesses in a throughout the country—costs that program. Anybody who thinks about it number of different sectors and ensure will most certainly impact the ability can see that is a big set of problems. we are not discouraging expansion and of these companies to grow and expand. Furthermore, an online retailer will investment in those types of compa- I do not need to tell you that these still be required to pay interchange nies. are perilous economic times. fees on all transactions regardless of I have a number of concerns with the What impact will the Marketplace whether the amounts transacted rep- Marketplace Fairness Act as it is cur- Fairness Act have on job creation? We resent the tax or the price of the item rently drafted. These are just some of simply do not know. This study would purchased. My amendment would help the concerns I have. I have more, but I help provide us with some answers. But to address this problem by providing thought I would at least make these we need to do more to ensure that this for compensation for remote sellers concerns noticeable by talking about legislation will not harm small busi- that will be required to withhold and them on the floor. My amendment nesses throughout the country. remit sales taxes as a result of this leg- would go a long way toward resolving Another concern I have with this bill islation. these concerns. I respect my colleagues is that it could potentially create a sit- A simple, fair system of vendor com- who have worked on this legislation uation in which small remote sellers pensation will help businesses over- over the years. But I want to work are routinely audited by multiple come the difficulties of transitioning with them to improve the bill. States at the same time. This would be into the new sales tax regime. The I respect the distinguished Senator a severe impediment to small business amendment would phase out vendor from Tennessee, the distinguished Sen- growth and job creation. I think we compensation over a 5-year period. It ator from Wyoming, the distinguished need to ensure that this legislation would begin at 10 percent of amounts Senator from Illinois. They are sincere, does not impose administrative bur- collected for 2 years, 8 percent of they are dedicated, they believe they dens that crush small remote sellers amounts collected for an additional 2 are right. I wish to work with them to under an avalanche of paperwork. years after that, and then 6 percent of improve this bill. Everyone knows if we To help address this concern my amounts collected for 1 year. I think pass this bill in its current form the amendment would institute a 3-year this is a reasonable provision. I think House is not going to take it. So we statute of limitations on State audits it would solve a lot of the problems may be doing a thankless act here of remote sellers. This would provide a folks are raising on this bill. rather than working, as legislators uniform rule for State sales tax audits, This is a simple approach. It would should do, to improve the bill, make it one that mirrors the current Federal go a long way to ensuring that busi- acceptable, hopefully make it so both

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3001 Houses will take it, and the President The PRESIDING OFFICER. Objec- also take care to prevent unfair mar- will sign it. But as you can see, there tion is heard. ket incentives that drive consumers to are simply too many problems and too The Senator from Massachusetts. spend or not spend at certain establish- many unanswered questions sur- Mr. COWAN. Madam President, I rise ments based upon government policy rounding this legislation for me to sup- both early and late in my Senate ca- and decisions. port it as it is. reer in strong support of the Market- I find it interesting that many news As I have stated, I believe these prob- place Fairness Act, legislation that reports about the bill we are debating lems could easily be resolved by a sim- Massachusetts-based merchants and now seemed to lead with the headline ple return to regular order. Indeed, if Massachusetts municipalities tell me ‘‘tax-free shopping on the Internet is the Finance Committee had been given is long overdue. about to come to a halt.’’ Let’s be clear an opportunity to fully examine this First, let me congratulate Senators about one thing. There was never such legislation, many of these problems DURBIN, ENZI, ALEXANDER, and a thing as tax-free shopping over the would undoubtedly have been solved al- HEITKAMP for their tireless efforts over Internet in States such as mine and so ready. There are people who do not many years on this issue. I strongly en- many other States that have a sales or want this bill; I understand that. The courage my colleagues to vote for this use tax. Under the Commonwealth’s chairman of the committee does not measure and to continue working with sales and use tax law—and the laws want this bill. But he was willing, the House so we can finally see it en- that exist in 44 other States in this Na- knowing he would lose, to go ahead acted into law. tion—if you owe a tax when you walk with a committee markup, a com- As I see it, in a sense, this legislation into a store to buy an item, then you mittee hearing, and a committee battle finishes the job that was started in the owe a tax when you go online, buy it, on the floor. House by former Congressman, now and have it shipped to your house. You As I said, that is not the world we are Senator, WYDEN and former Congress- heard me correctly. If you live in Mas- living in. Once again, I want to work man Christopher Cox, when they first sachusetts or one of the other 44 States with my colleagues to improve this introduced the Internet Tax Freedom that collect sales tax, you owe taxes bill. I hope they will listen to my con- Act. That law, which Congress first en- today on those Internet purchases al- cerns and consider the changes my acted in 1998, officially declared that ready. amendment would make. If no changes the Internet and electronic commerce For 45 years, Massachusetts mer- are made to this legislation, if it is should not bear a higher tax burden chants have competed against sellers forced through the Senate without any than traditional commerce. in our neighbor State, New Hampshire, real improvement, I am going to have Standing here in 2013, knowing how which has no sales tax. Some Massa- to vote no. That is not where I want to commerce has evolved, how consumer chusetts consumers choose to hop in be, but that is what I would have to do. behavior and expectations have their cars and drive up Route 93 to We have already missed some real op- evolved, and how technology itself has make purchases. I understand the frus- portunities to examine and improve evolved, I am happy to report Congress tration of Massachusetts merchants, this legislation. I hope we can change largely has been successful. State tax particularly since the tax is still actu- course and take a good look at all of laws do not discriminate against elec- ally due to the Commonwealth in the these implications surrounding this tronic commerce. These transactions form of a consumer-remitted use tax. particular bill. do not need any special protection For the past decade, the growth in I ask unanimous consent that the from State tax collectors. Quite the competition based upon sales tax col- pending amendments be set aside, and contrary. On the contrary. Now so lection avoidance hasn’t been from that it be in order to call up the fol- much commerce routinely is conducted north of the Massachusetts border but, lowing amendments en bloc: Collins 744 on line, the pendulum has swung in the rather, from desktop and laptop com- or 771; Ayotte 759, as amended; Coats other direction. It is time to ensure our puters and today from smart phones 765; Thune 765, with a GAO study; State tax laws are uniformly applied and tablets. Consumers who are reeled Thune 778, with a GAO study; Coburn no matter how a transaction is con- in by the tax avoidance marketing 753; Coburn 767; Thune 743; Lee 768; summated. messages of certain sellers don’t have Ayotte 763; Hatch 754; Portman 772; For more than 300 years, New Eng- to drive to New Hampshire. Avoiding Cruz 794; Coats 797; Portman 792; Paul land Main Streets have been anchored the State sales tax takes only a few 755; Cruz 799; Ayotte 776. by local merchants who not only offer keystrokes on their phones. I further ask unanimous consent that consumers important goods and serv- Billions of sales that otherwise would each amendment be limited to no more ices but are key employers for our go to Massachusetts employers are an- than 1 hour for debate equally divided communities. Those Main Street estab- nually sent elsewhere. Those losses are in the usual form; I further ask consent lishments have always been and will al- real for our Main Streets, for our re- that following the use or yielding back ways remain an important part of the tailers, our retail employers, for all our of time on each of the amendments, the fabric of our communities. cities and towns, and the losses are Senate proceed to a vote in relation to Today in Massachusetts, the retail growing every year. The annual sales each amendment with no intervening sector employs 550,000 people in 60,000 tax loss in Massachusetts is currently action or debate. locations across our 351 cities and estimated to be $335 million. That The PRESIDING OFFICER. Is there towns. They represent 17 percent of all number grows to $400 million when you objection? the jobs in the Commonwealth—an im- include lost income and property taxes The Senator from Illinois. portant percentage, yet one which has from declining employment and dark- Mr. DURBIN. Reserving the right to declined from a decade ago. ened storefronts. If we don’t act, if we object, this is the first time I have seen Consumers today are fortunate to don’t pass this bill, that number will this list. It has 17 Republican amend- have unlimited choices, meaning ex- grow to over $1 billion by the year 2020. ments on it. An hour apiece with a vote tremely competitive pricing from re- Allow me to repeat that. That is $1 bil- would probably take us around the tailers and great service in order to ob- lion in losses to my State. clock or close to it. I wish to review tain and retain customers. That is good A sale is a sale is a sale. With today’s this list with the Senator from Utah for both the consumer and the econ- technology, it shouldn’t matter how it and others interested. I said earlier I omy, but it also means retailers nec- is transacted or where it is transacted. was going to make a unanimous con- essarily must have very tight margins Government must be blind and be a sent request. I will not make it at this in order to stay competitive on price. nonfactor in our competitive consumer very moment, but I will be making a Those tight margins mean many small marketplace and in our application of unanimous consent request within businesses thrive or die on a daily basis taxation to that market. We under- minutes, which will include at least based upon consumer trends and pur- stand this fact in Massachusetts. In- two of the amendments that are on his chasing decisionmaking. creasingly, many online sellers recog- list, and it will be a starting point. I Those of us in government should nize this reality too. will object to the request at this mo- foster consumer choice and competi- Last year I worked with Gov. Deval ment. tion but, equally important, we must Patrick to negotiate with amazon.com

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3002 CONGRESSIONAL RECORD — SENATE April 25, 2013 to begin collecting and remitting the This bill will not crush small busi- tomers walk into their stores, browse Massachusetts sales tax. Amazon did nesses. When I served in State govern- the merchandise, take out a cell phone, the right thing for Massachusetts em- ment, small business owners and their and walk out, opting to buy a product ployers, workers, our schools, services, associations repeatedly called on us to from an online retailer that could ig- and for our cities and towns. Amazon beg Congress to level the playing field. nore the State sales tax collection. recognized that they use our infra- Those same small business owners are Guess what. Now there is an app for structure, the airports, the highways, the people who sent us here to rep- that. and streets to deliver goods to con- resent their interests. When our Our States have limited sources of sumers. Furthermore, they understood bosses—the people—tell us they want revenue and significant obligations and that their customers who purchase us to act, they should not have to beg. investments to fund. We know the re- from them use those very same serv- We should act on the will of the people. ality of this situation—that no matter ices in Massachusetts and enjoy our vi- Let me be clear about how this bill how much our consumers prefer to brant downtown. Amazon and many of will work. Businesses that have less shop online rather than on the street, the other businesses that support this than $1 million in remote sales will be they do not and cannot call a virtual legislation have stores in multiple exempt from compliance. States that ambulance or an online firetruck. We States. They have made their online want businesses to collect and remit need to do all we can to keep our busi- presence and their brick-and-mortar the sales tax already due will be re- nesses in business. We need to ensure presence seamless to consumers. They quired to provide those businesses with them a level playing field in which to already collect and remit applicable the software to do it free of charge. compete. We need to protect the integ- sales tax and follow all the other busi- The State will set up a simplified proc- rity of our tax laws that ensure we can ness rules in the States where they do ess so that businesses only have one provide essential services to our resi- business. If other States want to com- point of contact with the State on col- dents. pete for their customers in the great lections and audits. No business will I have listened carefully to the objec- Commonwealth of Massachusetts, they have to navigate the thousands of tax- tions to the bill that have been raised also should play by all of our rules, in- ing jurisdictions opponents of this bill by others here on the floor, in the cor- cluding the obligation to collect and are so fond of asserting. respondence sent to my office, and the remit our sales tax. If a business really does not want to many tweets on my Twitter feed. While It used to be the case that if you comply, it is easy: they can forgo the I am sympathetic to some of the asser- wanted to reach a broader market- tions made against this bill, respect- place, you opened a location there. You customers in that State. If they do, I complied with all the State laws that assure you, those consumers—a very fully, I am not persuaded by them. applied in those jurisdictions because resourceful group—will quickly fill There are just too many consumers, it was worth it to expand your reach that void with another business that is small businesses, and struggling com- and build a broader customer base. willing to follow a State’s business munities in the Commonwealth of Mas- Why isn’t it the same thing now? Why rules. sachusetts that are shouldering an have we been so unwilling to apply the This bill will not impose a tax on fi- ever-growing burden because Congress same rules to online businesses that we nancial transactions. I admit that has yet to join forces with the States do to businesses in our States? when I heard this assertion, it worried to help us efficiently enforce our tax This is not an unreasonable proposal. me and many of my constituents, so I laws in a 21st-century marketplace. Every time a business opens a physical went back and I read the bill again. I urge my colleagues to support this space in my State, they set down roots This charge is fiction. bill. there. They create jobs there. They The bill is crystal clear. I quote: Madam President, I yield the floor. support our communities, and they Nothing in this Act shall be construed as The PRESIDING OFFICER. The Sen- contribute to the cost of local services. encouraging a State to impose sales and use ator from Illinois. That means they collect and remit taxes on any goods or services not subject to Mr. DURBIN. Madam President, let taxation prior to the date of the enactment me first thank my colleague from Mas- sales taxes on the purchases made by of this Act. the customers who enter their front sachusetts for an excellent statement I come from State government, as do door. Every open business in the Com- in support of the legislation pending on several of my colleagues in this body. monwealth and every consumer in the the floor. Commonwealth understands this rela- Trust me, budgeting on the State level Let me remind my colleagues that I tionship. Why should we allow an on- is a little different from the process am planning to make a unanimous con- line business transaction better treat- that plays out here in Congress. In sent request on several amendments. I ment than we provide to our own folks? Massachusetts we rely on a combina- have asked Senator AYOTTE from New Outsiders should not be treated better tion of income taxes and sales taxes to Hampshire to come forward with than insiders. Everybody should be cover the costs of the services our citi- amendments to be included on this list, treated equitably. zens tell us they want and need and and I am hoping she will do that mo- That is all this bill will do. It will provide the appropriate measure of in- mentarily. After Senator PAUL of Ken- allow a State government to require vestments—in education, infrastruc- tucky, who is seeking recognition, con- the same sales tax collection obliga- ture, and innovation—we know is nec- cludes his statement, I would like to tions of businesses that sell to State essary for a growing and prosperous make this unanimous consent request. residents online that it does to busi- State economy. Sales tax revenues rep- May I ask the Senator from Ken- nesses that sell to State residents on resent almost one-quarter of our total tucky if he would be kind enough to Main Street—nothing different, noth- tax collections. tell me how long he will be speaking on ing more burdensome. Sales taxes are a difficult revenue the floor. There has been a lot of misunder- source, I understand, because they are Mr. PAUL. Between 3 and 5 minutes. standing about what this bill does, so so dependent upon broader economic Mr. DURBIN. Without objection, I let me try to clear it up. This bill will conditions. As we saw during the re- yield the floor. not create a new tax obligation for cent recession, when people are out of The PRESIDING OFFICER. The Sen- anyone who doesn’t already have one. work or believe their jobs are threat- ator from Kentucky. If you live in a State that already im- ened, they pull back on spending. In NEUROFIBROMATOSIS 2 poses sales and use taxes, online mer- fact, many small businesses in my Mr. PAUL. My nephew Mark Pyeatt chants will add the sales tax to your State and in others, I am sure, were has neurofibromatosis 2, NF2, but that purchase in the same way the neigh- told by banks that lines of credit need- is not who he is. He is an indomitable borhood retailer does. If you live in a ed to be tightened because consumers spirit, a courageous young man, a man State without a sales tax, nothing were pulling back. It was an unfortu- who knows and faces each day certain changes for you—nothing. If you don’t nate domino effect that our Main that he is one with his God. He is like pay a tax at a store on Main Street, Street businesses are still struggling to many young people on Earth—he is in you won’t pay one on the Web. It is overcome. Yet, as they were trying to search of the truth. He reads, he that simple. hang on, they also watched the cus- thinks, but he no longer hears.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3003 Neurofibromatosis 2 is characterized member’s sister Karen, with pul- somehow Oregon was going to be an by recurrent neurologic tumors. Its monary fibrosis—this situation will be Internet tax haven. signature tumor affects the auditory made more personal. These are people We all know States rights means nerves and destroys the hearing. Its re- who are close to our families, and we States take different approaches with lentless course eventually takes all of hope others will come to realize we respect to this issue. To me, what we the hearing. I have never heard Mark must do something to get rid of gov- ought to be looking at are approaches complain. ernment obstacles to cures for rare dis- that bring people together. So I offered While my signing is only rudi- eases. Senator DURBIN a chance to test out mentary, most of his immediate family I yield the floor. this question of whether Oregon would are proficient, and at Christmas dinner The PRESIDING OFFICER. The Sen- be an Internet tax haven and try it out for 40 family members, nearly everyone ator from Illinois. for a period of time. That was unac- is trying to learn some signing. The Mr. DURBIN. Madam President, I ceptable. grandkids sing, ‘‘Happy Birthday, have reached out during the statement So now this amendment includes the Jesus. I am so glad you came.’’ The of the Senator from Kentucky to try Pryor-Blunt legislation, which, for ex- whole family is learning to commu- and find the Senator from New Hamp- ample, says we ought to reauthorize nicate with their hands. I mostly like shire. I know she has a busy schedule, the Internet Tax Freedom Act. Col- to learn insults so I can taunt Mark on and I couldn’t find her to ask her for leagues, I wrote that legislation. It the golf course. I can’t use most of the her amendments to include on this list. says in section 2 you can’t have dis- signs he taught me on the Senate floor. I am going to go ahead and make the criminatory taxes on electronic com- I don’t know this for certain, but I unanimous consent request, and I give merce. The Internet tax freedom pro- think the seven words George Carlin her my word when she comes to the posal Senator DURBIN seeks to include said you can’t say on TV, I think you floor I will be happy to amend it to in- in his base bill is basically trying to can’t sign them on TV either. I love clude two of her amendments, which add some sugar into a very bitter cup the way names for people in sign lan- offer I made to her earlier and I wish to of coffee. He is taking our legislation, guage are created only by the deaf. make again. which has been a real boost for the Mark’s mother Lori is ‘‘L’’ to the ear I ask unanimous consent that the economy, and trying to put it into this because she is on the phone all the pending Enzi amendment be set aside very bitter cup of coffee that is his leg- time. My wife Kelley is ‘‘K’’ sweet. My and it be in order for the following islation. middle son Duncan is ‘‘D’’ in a hoop be- amendments to be called up: the Col- I just don’t think that makes a lot of cause he likes basketball. lins-King amendment No. 771, the sense. This bill is going to make it pos- Neurofibromatosis 2 is a rare disease. Pryor-Blunt amendment No. 740, and sible—the base bill—for discriminatory Some call it an orphan disease. Orphan Hatch amendment No. 754; further, treatment of electronic commerce be- diseases face certain obstacles that that no second-degree amendments be cause online retailers in communities others do not. Money is typically allo- in order to any of these amendments across the country are going to be sub- cated to research based on how preva- prior to votes in relation to the amend- jected to burdens that brick-and-mor- lent a disease is. For rare diseases, the ments. tar retailers would not be subject to. resources are likewise rare. Unless someone has another sugges- I know my colleague from Montana In order for investors to invest in a tion, I am going to suggest we have 20 wishes to speak on this as well, but I cure for neurofibromatosis 2, regu- minutes of debate equally divided be- would just close by saying I will have latory obstacles need to be cleared. We tween opponents and proponents of to object to the Senator’s request be- need to allow foreign drug studies to be each amendment. cause this particular amendment, in- accepted in the United States and not The PRESIDING OFFICER. Is there cluding the bill I wrote, in effect, is repeated. We need to have speedy ap- objection? akin to adding sugar to the bitter cup proval of drugs that are already being Mr. WYDEN. Reserving the right to of coffee. The base bill offered by the used by the general population in other object, Madam President. proponents undermines the Internet countries. The PRESIDING OFFICER. The Sen- Tax Freedom Act by allowing the very My chief of staff’s sister Karen has ator from Oregon. discrimination on electronic commerce pulmonary fibrosis—another orphan Mr. WYDEN. Madam President, over the Internet Tax Freedom Act was all disease. She is 40 years old with a the last few days, I have spent a good about. young daughter, and she is likely only chunk of my waking hours trying to This effort needs more time to bring alive today through a fluke in the sys- find some common ground, some oppor- about some common ground. I will tem. She takes a medication that is tunity to bring both sides together. I close with this. Our technology policy part of an experimental trial in the have repeatedly put specifics on paper over the last few years has been built United States but has been on the gen- and provided those specifics to the pro- on three kinds of principles: eral market in Japan for years. If she ponents of this legislation. By and No. 1, we would take voluntary steps. didn’t live near a research center and if large—and I believe there is a little bit We wouldn’t use coercion. This bill her family couldn’t afford to pay $1,500 of a Senate code when one talks around uses coercion. In fact, it was the vol- a month out-of-pocket, she wouldn’t here—the response has been: They have untary steps, starting with some of the receive this drug, even though it is 75 votes, and that is kind of it. But I first laws that encouraged investment legal in Japan. have been trying to deal with the in social media, that were so impor- The drug should have been cleared al- issues that have been raised. tant. This bill moves away from any ready, but we are not doing a good For example, my colleague from Illi- semblance of voluntariness. enough job of trying to get drugs nois sincerely believes that unless Or- No. 2, I have outlined the discrimina- cleared. It went through trials here. It egon’s small businesses are not coerced tory aspect of the legislation where we has already been approved in Europe into enforcing out-of-state laws, that are going to have brick-and-mortar re- and Japan, but 200,000 Americans who Oregon is going to become a small busi- tailers not have to do certain things have a rare deadly terminal disease are ness haven. He says Oregon has to be that online people do. being denied this drug. coerced by this bill or it is going to be Finally, No. 3, what is just breath- We all want safety in the drugs and a small business haven. I would just taking is this gives foreign retailers a in the cures for disease. We all ac- say to my colleagues that is not the re- leg up on a Montana business, on an knowledge this is a balancing act. We ality of what we see in the Pacific Oregon business, and, frankly, it gives should all acknowledge the regulatory Northwest every day. a leg up on every business in the obstacles and burdens new drugs face Washington State has a sales tax. Or- United States because the foreign rein our country are oppressive and coun- egon does not have a sales tax. So if tailer will not be subjected to what a terproductive. my colleague from Illinois was right, business in our country is subjected to. My hope is by putting a face to two we would be seeing moving vans all the I know my colleague from Montana orphan diseases—my nephew Mark, time coming across the borders from wants to speak on this issue as well, so with neurofibromatosis, and my staff Washington State to Oregon because I am going to maintain my reservation

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3004 CONGRESSIONAL RECORD — SENATE April 25, 2013 so my colleague can speak, but I will of-State audit? There is none here, but We are talking about asking Internet have to object. there could be. There could be protec- retailers around America, when they The PRESIDING OFFICER. The Sen- tions if we go to committee and reason- make a sale, to collect the sales tax on ator can object or not object. ably find a way to deal with this. that sale. That is it. Mr. WYDEN. I object. Those are just some of the problems My colleague, Senator HEITKAMP The PRESIDING OFFICER. Objec- with this bill, and there are many oth- from North Dakota, was tax commis- tion is heard. ers that have not really been thought sioner in her State and took a case to The Senator from Montana. through—many others. I have deep re- the Supreme Court 20 years ago about Mr. BAUCUS. Mr. President, I am spect for Senators standing on the the collection of sales tax for remote happy the Senator from Oregon is ob- floor and pointing out their States are sales—catalog sales, mail order oper- jecting. I am not going to get into how losing some revenue. I understand that ations. many times the Senator from Illinois argument. But most of those States She took the case to the Supreme and anybody else wrote the Finance don’t go the next step. Most of those Court, across the street, and 20 years Committee to work on this bill. That is Senators don’t go the next step. They ago they said: Congress, you have to fix frankly irrelevant, and it is not a dis- have not read the bill. I have read it this problem. cussion that is worth getting into. It all. It is right here. It is 11 pages. She had hoped she found the solu- misses the whole point. The whole As I have pointed out, with respect to tion, but they said, no, you can’t fix it point is whether this is sound legisla- audits, with respect to enforcement, State by State. Congress has to fix this tion. The whole point, in my judgment, there is no protection whatsoever. problem. is we should try to find a process where There are some nice wishful words in Here we are 20 years later. Senator we do make this sound legislation. this bill, but when we stop to think ENZI of Wyoming has been working on I think I am known around here as about it, if someone is a small busi- this issue for 12 years. I have joined not somebody to unnecessarily hold up nessperson, they start asking a lot of him for the last 3 or 4, partnering with legislation. I have been here it will be questions. What does that out-of-State him in this effort. This is not a new close to 36 years, and that is not my taxing authority do to me? What does issue. It is not new to me, not new to style. That is not who I am. It is not in it do to me, an out-of-State taxing au- Senator HEITKAMP or anyone on the my DNA. I am someone who wants to thority? floor. As far as this version of the bill, work out things fairly, work both sides We are not talking about a Federal this version of the bill was introduced, fairly but not stand and filibuster, not taxing authority. We are talking about if I am not mistaken, in February—is delay for the sake of delay or to try to an out-of-State taxing authority as it that correct? This version of the bill, 11 get leverage. That is not what I do. I affects me as a seller in my home pages—by Federal standards, this is think, by and large, that is not very State. Whether you are a sales tax not a big, complex piece of legislation. productive. State is irrelevant. Let’s take Massa- We asked for hearings before the Fi- I have said many times, and I will chusetts and a remote seller in the nance Committee and we did not get say it again, we can improve upon this State of Massachusetts. Let’s say, for our wish. We brought it directly to the bill if we would go to the Finance Com- example, some other State feels that floor. I wish it would have been heard mittee and work on the bill the next remote seller in Massachusetts isn’t before the Finance Committee. Per- work period and report the bill out. I properly adhering to the provisions of haps they would have made some ad- have made that commitment; that the this bill. Let’s say it is a California justments or changes that might have Finance Committee will have a mark- taxing authority and it goes to the re- been beneficial. But it reached the up on this legislation in the next work mote seller in the State of Massachu- point where we said we have to get this period and report it out so we can work setts and audits that remote seller and done. After all these years, we have to on a lot of problems that are in this brings an enforcement action against get this done. bill. There are a lot of them. that remote seller in the State of Mas- Why do we have to get it done? First, One of the problems that comes to sachusetts—I don’t know—or if you are understand if you happen to be a per- my mind—and I haven’t had time to a nonsales tax State, such as the State son who has made a sacrifice and analyze it; nobody has had time to ana- of Oregon or Montana. opened a small business in your home- lyze it because there is no forum for it. There are a lot of questions. Frankly, town—think in terms of your sporting Sure, Senator ENZI has worked on this I believe very strongly it makes much goods store to start with—you invested for many years, but that was another more sense for this legislation to go to your capital. You and your spouse are provision. That was other legislation the appropriate committee where we there every single day. You are part of which States rejected because they can work on it, especially when the the community, to sponsor that Little couldn’t reach agreement. So Senator committee has made a promise to re- League team. They came around ask- ENZI found another solution, which is port that bill out in the next work pe- ing for money for the United Way and the bill he has introduced, and that has riod. I grant you it will be a short pe- you say our sporting goods store al- not ever been, to my knowledge, thor- riod of time to work on it, during the ways gives to you. We are part of this oughly examined in any committee. next work period, but that is the com- community. One of the problems I have is audits— promise between those who want this Then the customers walk in the door out-of-State audits. Nothing in this bill bill up now—who want to ram it and sit down and say I want to try on protects States from an out-of-State through, ram it through—with no sig- that pair of running shoes, maybe try audit which is oppressive in duration. nificant committee consideration on the next larger size. Do you have a dif- This bill says there will only be a sin- the one hand and on the other hand ferent color? Once they find the right gle audit. How long is a single audit? having several weeks to work it out running shoe, they say, can I write How many years is a single audit? How and report the bill to the floor. down a few numbers here? And you much pressure will an out-of-State tax- For that reason, I join my friend know what happens next. They walk ing authority push on another State’s from Oregon in objecting to these out the door, go home, get on the seller—a single seller or a bunch of amendments. We can’t write the bill on Internet, and buy that product without sellers? What is a single audit; a single the floor of the Senate. We have to go paying sales tax on it. So that sporting audit for all the sellers in a State or a to committees where we can work goods store down on the corner or at single audit per seller? This legislation things out. the mall is a showroom for goods they doesn’t say. I yield the floor. are not selling. What is the enforcement provision? The PRESIDING OFFICER. The Sen- We are trying to change that. We are What if a taxing authority from one ator from Illinois. trying to make sure if you sell goods in State wants to go to another State, Mr. DURBIN. Madam President, I re- a State, you collect the sales tax of feeling that State is not living up to spect my colleagues from Oregon and that State. We do not create any new the provisions of this bill? What pro- Montana, but I respectfully disagree taxes. The tax we are collecting is al- tection does that State have from an with the way they have described the ready owed by the consumer. We cer- out-of-State taxing authority, an out- situation. tainly do not create any new Federal

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3005 taxes whatsoever. It is just a matter of bill. We know it. They don’t want to a bill. You can do that simply by cre- collection. see this bill pass. They want to try to ating some confusion. Around here you Why are we tied up in knots here? change the bill, perhaps even jeop- can do it by applying some rules and The two States represented by the last ardize the bill. We are prepared to de- suggesting that part of the process two Senators to speak, Oregon and bate their amendments. How much could be backtracked and done dif- Montana, have no sales tax. There are more fair can you be? We have opened ferently and done over. three other States that have no State this bill to amendments, we have It is pretty hard to get a bill to the sales tax: Alaska, Delaware and New opened it to amendments that are crit- floor. It doesn’t happen very much. It Hampshire. You would think from ical of the bill, and the Senators object could happen easier, it could happen their arguments, the coercion they are to our even debating them. more often. When you get one here, talking about, we are trying to impose To the folks on C–SPAN, I am sorry, there are still a lot of ways to kill a a sales tax on Oregonians or Mon- call for a refund because the Senate is bill and that is kind of what we are see- tanans. That is not true. If this bill not going to be the Senate today. We ing because there are some people who passes, Oregonians will not be required are not going to debate. We are not say: Gee, if we don’t get our amend- to pay a penny in sales tax whether going to vote. We are in the midst of a ment, we are going to kill the bill. We they buy over the counter or over the filibuster where we are trying to bring are going to vote against cloture, Internet. The only people who will be amendments to the floor for an actual which is the only way to move on in affected by this are Internet retailers debate and a vote on a bill and we are the Senate because we like debate, we in that State who choose to sell their being stopped from doing that. Is that like pretty much unlimited debate. products in States that have a sales why we ran for this office, so we can Debate can be constructive. There tax. We put an exemption in this bill find ways to stop debate, stop amend- are things that need to be done on and said if your Internet retailer has ments? I think not. I think we are sent bills. I heard several good ideas. They less than $1 million in sales the pre- here to do a job. If someone has a good have been objected to, so we are not vious year, you are exempt; you do not idea on this bill, I am ready to consider going to get to actually vote on those. have to collect sales tax. it. The Internet freedom amendment But one thing as an accountant that I Let’s take a look at the specific we talked about here is a bipartisan want to bring up is this thing about au- States that are objecting to this bill. amendment. Senator PRYOR, a Demo- dits, because that can loom pretty Of the roughly 1,000 Internet retailers crat of Arkansas, Senator BLUNT, Re- strong for a business. Audit is some- who will be affected by this bill across publican of Missouri, came together thing that we know from the IRS and the United States, there are 11 in the and said we want to extend for 10 years it is very scary. But the audits they are State of Oregon. Five already collect the prohibition against taxing people talking about are not going to happen sales tax. Let me read their names be- for using the Internet. I am for that. I to nearly the extent they think they cause you will know them right off the am for that amendment. I want to con- are going to happen. Somebody will bat: Adidas of Oregon already collects sider it and I want to vote for it. have to be avoiding the sales tax en- sales tax, Columbia Sportswear is al- The Senator from Oregon said, oh, tirely and they will have to have a very ready collecting sales tax, Nike is al- that is a spoonful of sugar in a bitter strong suspicion that they exceed $1 ready collecting sales tax, Harry and cup of coffee. For goodness sake, what million online in a year before they David—I have gotten that as a gift we are trying to do is improve this leg- will ever audit because it costs money once in a while—already collects sales islation, and if he has a good idea, offer to audit. Especially it would cost tax. Five of the 11 Internet retailers in it as an amendment. We have opened money if you went over the border to Oregon already collect sales tax. This it—Senator ENZI on the Republican another State to audit. Then there are is no new burden on them. side, I have opened it on the Demo- some difficulties with being able to col- What we are talking about, then, is cratic side. Bring your amendments to lect what is discovered in the audit. six Internet retailers in Oregon that I the floor. We are ready to debate them. But it is only done when something assume do not want to collect sales But for the last 2 days consistently, seems very wrong. tax. those from no-sales-tax States have One of my clients I worked with for In Montana there are two Internet stopped every effort to bring an amend- 10 years had big sales in the oilfield— retailers with Web sales above the ex- ment to a vote. lots of sales in the oilfield. We got au- emption in this bill—actually there are I think that is unfortunate. Eventu- dited on sales tax once in 10 years. I am four in the list of Internet retailers, ally this matter will be brought to a pleased to say they did not find any- but one already collects sales tax and vote. We have had three different votes thing. It took them 2 weeks to do the the other one is below the exemption already—75 votes in favor of it, 74 votes audit and that was a very big business. level so they are not covered by this in favor of it, and 75 votes. Clearly a bi- It was very technical stuff. Of course bill. partisan majority of the Senate wants they looked at it because a lot of them When I hear this objection about to finally meet the challenge the Su- are very big sales. There are some con- stopping this bill and the impact it is preme Court gave us 20 years ago. We fusing things in the sales too. But you going to have on these States, we are want to get this done. We put a lot of have to have an audit in there for a lit- talking about five businesses in Or- effort into it—no one more than Sen- tle bit of honesty. So that is why that egon, one or two businesses in Mon- ator ENZI of Wyoming. is in there. But it is not going to be tana. That is what it is about. I thank Senator ALEXANDER of Ten- something the States are going to But it is about much more, because nessee and Senator HEITKAMP from jump on because it has some costs. these sales tax revenues are important North Dakota. I am going to yield the If you are a government that wants to States and localities and local units floor at this point and say to my col- to do audits—I remember when I was in of government. This is the money they leagues, I don’t know what it takes for the Wyoming legislature they used to use to avoid raising your property the Senate to be the Senate. This no- talk about how much return they got taxes and income taxes. This is the tion of sitting here staring at one an- out of their audit. They would get $20 money they use to provide basic serv- other, hoping we never get to a vote, is or $30 to the $1 of cost. Consequently ices for the people who live in the com- a disappointment, not only to those of they used that as an argument for hir- munities around these local stores and us on the floor but I think to those who ing even more auditors because they it is a question of leveling the playing have a lot more hope for the Senate. would find a lot more money. The in- field for the businesses as well. The PRESIDING OFFICER (Mr. tent of an audit is not to find $1 for What happened today, happened yes- COONS). The Senator from Wyoming. every dollar that is expended. It is to terday, and this morning? We at- Mr. ENZI. Mr. President, I want to find $20 or $30, somebody who is vio- tempted to bring to the floor amend- make a couple of comments on what lating the law in a big way so you can ments to this bill—and I would say has transpired here this afternoon and afford the cost of the audit. That of that three of the five amendments we for the last several days. One of the course keeps all of the people a little were bringing to the floor were being toughest things to do is to pass a bill. bit more honest. So audit has to be in offered by Senators who oppose the One of the easiest things to do is to kill here but audit is being blown out of

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3006 CONGRESSIONAL RECORD — SENATE April 25, 2013 proportion, probably so we can try to now move their operations to Canada eign corporations—Canadian corpora- kill the bill. I hope that is not the in- and operate out of a foreign country. tions—that are, in fact, licensed or per- tention. That has its own brand of problems for mitted as retailers. They talked about needing to go to any corporation that would consider In fact, the State tax department committee. I have gotten a couple of that, and I will outline some of those. records show that in calendar year 2011 hearings on this in 12 years but have Locating facilities outside of the 46 we collected $1.6 million from Canadian never been able to get a markup in the States while still selling to the U.S. companies that were registered and ac- committee. This process has gotten consumers would actually increase tually remitted the tax. So anyone lis- this bill to the floor and I am hoping some costs for retailers and complicate tening understands the level of busi- everybody will listen to their retailers the sales process. Locating farther ness North Dakota is doing; our sales and help out on this bill and get it fin- away from customers would increase tax is 5 percent. There was a big leap in ished. I can tell you, being in charge of shipping costs. Many online retailers 2012 as we saw almost $3.8 million. this bill and one of the drafters of this are moving their distribution and other That is, I am sure, due to Canadian bill, it is not a popularity contest you facilities closer to their consumers so companies supplying North Dakota are winning. It is just the right thing they can be more responsive to their corporations and North Dakota busi- to do. It is what the States need if they customers. In fact, we are seeing 1-day nesses in the oilfield. are going to have the revenue to pro- shipping or same-day shipping. We already do this, and very many vide all of the services that are in the International sales may be subject to Canadian companies already know municipalities—whether it is police or duties. Foreign currency exchanges what these requirements are, just like fire protection or cleaning the streets may be needed to conduct the sale, and a North Dakota domiciled company or whatever is done there, plus all of so it is a whole brave new world. It is that does business and takes advantage the charitable work people in the com- a very complicated world. of the Canadian marketplace will be munities do too, because that is the The other thing is there is a big dis- subject to Manitoba taxes or subject to sense of community they have so they cussion about how to enforce it. States Sasquatchian taxes. We know what our contribute. All of that is going to dry can currently request information from obligations are. up. Customs and Border Protection about It is very important that we do not If you ask your municipality how international shipments into their mix concepts here. I think the Senate much money they get out of sales tax, States so they know what products are is a place where they do understand I think the minimum one of them will coming in and where they come from. foreign tax treaties. But provinces of say is 30 percent. Probably the max- I want to take a moment to explain Canada and States such as North Da- imum is 70 percent. But that is a lot of how this works. As my colleagues have kota are subnationals, which is their budget and that is declining as the heard in this discussion on the floor, I, classification within trade law. They Internet grows and the sales happen in fact, was the tax commissioner of are not bound by very many of these without the tax. So I hope people will the State of North Dakota who initi- treaties. They are not obligated under help pass this bill and get this into ef- ated the action in Quill, but that is not these foreign tax agreements we hear fect. It is only an 11-page bill. That is over and over, and it is not make-be- a miracle around here. It is possible for the extent of my experience. I also spent a great deal of time—in fact, 6 lieve. The reality is that in States such people to read the bill. as North Dakota, we collect taxes from I thank the Senator from Massachu- years of my life—as a tax commis- Canadian companies. setts and appreciate the comments he sioner collecting sales and use taxes. I yield the floor. made. He is new to the Senate but he We frequently have people go across The PRESIDING OFFICER. The ma- obviously read the bill. I am very im- the border and shop in Canada or spend jority leader. pressed with the comments he made. I a weekend in Canada. Their Customs reports are filed. We typically would Mr. REID. Mr. President, I ask unan- hope people will help pass this bill. imous consent that as soon as I finish I yield the floor. send a sales tax auditor up to review The PRESIDING OFFICER. The Sen- those Customs reports and send use tax my brief remarks, the Senator from ator from North Dakota. collection statements out as a result of Montana be recognized to respond to Ms. HEITKAMP. Mr. President, I will that. That kind of compliance is al- the remarks of the Senator from North be very brief. I want to respond to a ready happening. Dakota. couple of claims that have been made, States also have enforcement options The PRESIDING OFFICER. Without especially with how they relate to for- available to them to ensure that for- objection, it is so ordered. eign corporations. I think there is a eign corporation compliance is com- Mr. REID. Mr. President, this is not sense that foreign corporations have pleted, including liens and other kinds a partisan bill. There are times I am on absolutely no State tax obligations no of discussions. the floor advocating for partisan ad- matter what they do in their State or I want to offer a CRS report on this vantage, but that is not what we have what their presence is. issue, which said: here. We have managers of this bill who have worked very hard for a long I want to clarify a couple of points. Finally, some have noted that U.S. based People argue that foreign corporations retailers may respond to the expanded state time, and this is where we are now. We that make remote sales will have an tax collection authority by shifting oper- are to a point where there have been a advantage over domestic companies. ations outside the U.S. to avoid the collec- number of amendments offered, there We need to understand that is not true. tion burden. The costs of moving operations have been objections made, and so no The Marketplace Fairness Act treats and increased shipping costs, however, would amendments are allowed to be debated foreign corporations the same as it seem greater than any benefit conferred by or voted on, and that is where we find treats domestic corporations, and by avoiding the collection burden. ourselves procedurally. that I mean corporations which are in- Again, as my colleagues have heard As the manager of the Senate, I am corporated in the 50 States in our coun- over and over, we have heard about left with no option except to look to try. how expensive this is. Yet we have ven- the next alternative to try and move All online retailers who make over $1 dors out there. In fact, eBay is charg- things along, which will be after mid- million in remote sales, regardless of ing no more than $15 a month to pro- night tonight. At 12:30 a.m. or 1 a.m. where the retailer is located, must col- vide this service to businesses they this morning, we would have a vote on lect and remit sales tax to States that have. cloture on the bill. require it. States currently have and Some may say, Well, that is all fine I say to my friends who oppose this— do exert jurisdiction over foreign com- and good, Senator HEITKAMP, I don’t and I know they believe in their oppo- panies. In fact, States collect different believe that actually happens. I re- sition to it fervently—it is a big waste types of tax from foreign companies quested some information from our of time. We have had overwhelming even when those companies are exempt current tax commissioner in the tax votes twice. Whether we vote after from Federal taxation. department in North Dakota because I midnight tonight or at 6 p.m. this Locating facilities—there has been a know a little bit about sales and use evening, it will still be the same result. big argument here—means people will tax, and I know we actually have for- So I would hope those who oppose this

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3007 will take a look at this and maybe ar- I will offer up this document which This is a question that affects all small rive at a point so we can have a vote outlines that we are not parties to for- businesses, all remote sellers all earlier. If that doesn’t happen, every- eign treaties: Nelson v. Sears, Roebuck around the country in addition to the one should understand we are going to & Co., which is a 1941 Supreme Court point I mentioned earlier—and I cannot come here sometime after midnight to- case. Felt & Tarrant Manufacturing v. for the life of me think any State can night and move forward on this legisla- Gallagher, which is a 1939 U.S. Su- bring an enforcement action in many tion. After that, of course, it is only a preme Court case. countries around the world where that majority vote to complete this legisla- It is a well-established and long- remote seller does not have nexus in tion. standing precedent in this country that the State in question. This is another The managers are still ready to allow if a company is doing business as a for- reason why this bill is fraught with amendments to be offered. It is getting eign company in a State or in our ju- problems and why it should have gone late in the day. The 30 hours is grind- risdictions, we have jurisdiction and to committee in the first place. ing to a halt. I hope we can get some- can apply our State law and our State I yield the floor. thing done and move on. taxing authority over a foreign com- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- pany that has jurisdiction and nexus in ator from North Dakota. ator from Montana. our—— Ms. HEITKAMP. Mr. President, I Mr. BAUCUS. Mr. President, I wish Mr. BAUCUS. The Senator just said wish to clarify one point about nexus to ask the Senator from North Dakota the magic word. The Senator is talking versus commerce clause, and I think it a question. I guess I will ask the ques- about States where there is nexus. I has been misstated about tax jurisdiction through the Chair. ask for the proposition where there is tion. Mr. President, I wonder if the Sen- no nexus. That is the whole point of a There was a case decided in the 1950s ator from North Dakota would tell me lot of this discussion here. called National Bellas Hess that said where in this bill—and I have read it— The point in Quill is that in a State remote sellers do not have nexus nor a State would have the authority to where there is no nexus, a sales tax can we apply the collection burden be- audit and bring enforcement action cannot be enforced. Where there is cause of the commerce clause. When it against a remote seller in any other nexus, it can be enforced. I will bet was decided, what was decided is that, country, such as China. Where in this those cases the Senator cited have to yes, North Dakota had nexus over bill does the State of North Dakota do with whether a State is doing busi- Quill. We could not apply the sales tax have the taxing authority to go to a re- ness in another State, and that is because it was in violation of the com- mote seller in China that is selling nexus. We are not talking about that merce clause. goods in North Dakota? Where in the here. We are talking about remote sell- The nexus standards have changed bill does it say that? What is the lan- ers where there is not nexus and not from physical presence to economic ac- guage in the bill which allows any doing business in the State. tivity and that is why we are here. We State to bring enforcement action Let’s say there is a remote seller in cannot, in my opinion, as a body—and against a remote seller in any other China selling merchandise in North Da- as a lawyer who has studied this area— country? kota. I will bet dollars to doughnuts we cannot change the nexus standards Ms. HEITKAMP. Mr. President, I say those cases have nothing to do with re- by any statute in this body, so every to the Senator from Montana, what the mote sellers generally. State will have to defend their own ap- bill exerts jurisdiction over is remote I will make a second point, that I plication of nexus. sellers. It does not differentiate wheth- think North Dakota will have a hard What we are talking about is not er they are foreign nationals or domes- time enforcing the provisions of this nexus; it is commerce clause jurisdic- tic corporations. In State law we have bill in some province in China. Is North tion—the ability to apply it and not the ability to enforce State laws Dakota going to go to Hunan Province violate the interstate commerce against anyone who is obligated under and have the Premier of Hunan Prov- clause. the jurisdiction of the State to comply. ince enforce this? I doubt it. It is not So I think we need to be very careful I will tell the Senator that the jurisdic- just China, it is any other country. about our terminology. tion in here is not over States. It is not The Senator is confusing nexus from I yield the floor. over Oregon or New Hampshire. It is remote sellers, and that is not the The PRESIDING OFFICER. The Sen- over a remote seller. It does not dif- point here. The point is remote sellers. ator from Tennessee. ferentiate anywhere in this bill in That is just one of the problems of this Mr. ALEXANDER. Mr. President, I terms of a remote seller. bill when we start looking at it and wish to engage the Senator from North I will also tell the Senator that as start thinking about it and what is in Dakota, if I may, in a colloquy for a the former tax commissioner of the it. That is why this bill should have few minutes on the subject, so we may State of North Dakota, I have enforced gone to committee in the first place so speak through the Chair to each other. State tax laws against foreign corpora- we could correct it. The PRESIDING OFFICER. Does the tions just as foreign corporations have One other point, and I don’t think Senator from North Dakota agree? enforced their provincial laws against this is understood by very many Sen- Ms. HEITKAMP. Yes. North Dakota domiciled companies. It ators. This is not just a nonsales-tax The PRESIDING OFFICER. Without happens every day in America. issue, by any stretch of the imagina- objection, it is so ordered. Mr. BAUCUS. Mr. President, I have tion. For example, let’s say two Mr. ALEXANDER. The Senator from another question. This is very similar States—and they are both sales-tax Montana has raised a good question to the context of this bill, and that is, States. There is a remote seller in one about audits. Let me say to the Sen- I have asked the Senator from North State—let’s say Massachusetts—selling ator from North Dakota, I wish to Dakota many times to provide me with to a State such as California, and both paint a picture, and I wish to ask the the authority for that proposition. I have sales taxes. Under this legisla- Senator from North Dakota to help me am wondering if the Senator from tion, California State taxing authority because she may be one of the newer North Dakota could provide me the au- could audit the online seller in Massa- Members of this body, but she knows thority for that proposition rather chusetts if it wants to and bring an ac- more about this subject than most of than just asserting it. What is the au- tion against that online seller in Mas- us put together because of her experi- thority? Is there a case? Is there a Fed- sachusetts. ence, with all respect to all the Sen- eral law? Is there a Supreme Court case So this applies to remote sellers in ators already here in the Senate. I wish on that authority? I wish to know. all States. This is not just nonsales-tax to paint a picture of what would hap- Ms. HEITKAMP. Mr. President, and States but all States. This bill allows pen if we don’t act. my friend from Montana, we will pro- all States to bring enforcement actions We are talking about audits. We are vide the citations and the Supreme and audit actions against remote sell- talking about businesses. Let’s think Court cases that talk about the exer- ers in any State. This bill does that. about what we are talking about. I tion of jurisdiction over foreign cor- That is what it provides. This is not want to look to Washington from Nash- porations by State taxing authorities. just a nonsales-tax State question. ville, TN, or from some other State

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3008 CONGRESSIONAL RECORD — SENATE April 25, 2013 capital—the requests that States are I can put in my ZIP Code and type in on interstate commerce, coupled with making of us is that if I am a Governor ‘‘Williams-Sonoma,’’ figure out the the potential of retroactive applica- of Tennessee or a legislature, I want to sales tax I owe when I buy my ice tion, which would have meant huge au- be able to make the decision myself as cream freezer online, and they can col- dits where there was no opportunity to a sovereign State about whether people lect it and send it to the State of Ten- collect, and said: You know what. We who sell in our State are treated in the nessee. So it is not any sort of burden think this is better left to Congress. same way. on interstate commerce. We share an obligation with Congress A person may be a catalog seller or It is my right as a sovereign State to on interstate commerce. We think Con- an Internet seller or a brick-and-mor- make everybody who wants to sell on- gress can do the right thing. tar seller, but if an entity is going to line or by catalog into the State of The world has changed since then. sell in our State and we have decided Tennessee—I am going after them. I What we know that Internet sellers we are going to have a sales tax instead am going after them if they don’t col- know about us today is remarkable. of an income tax, if we require the lect the tax. Then, my friends in Mis- Can we imagine litigation, I say to my local business to collect the tax, we are sissippi see me do that and they do it friend from Tennessee, where we show going to require everybody who sells too and then Kentucky does it and then that we simply order—in my case one there to collect the tax. If an entity the next State does it and then all 9,600 plus-size blouse—and we get all kinds wants to sell in our State, that is what taxing jurisdictions go after this single of plus-size ads on the side. Some peo- they need to do. If they want to drive remote seller. ple think that is kind of insulting, but in our State, they follow our speed They might come back to the Senate I think it is an interesting evaluation limit. They follow our criminal laws. If and say: Why didn’t you guys do your of how much these retail sellers know one lives in our State, they pay our in- job a few years ago? Why didn’t you about us individually. If they can know come tax. If someone sells in our State, simplify this system? Why didn’t you that, they can collect the sales tax. wherever they are in the world, we create something that was easy, which The other piece of this that is new in want them to collect the tax and send limited our liability, which made the this statute that I think further com- it to us. That is what we are talking States provide us with the software pels us is we are not talking about the about, treating everybody the same in that makes this work, which limited small mom-and-pops. The other reason that way. the audits to one a year, which limited why I am supporting this legislation is So the obvious thing comes up: What the tax to one per State? Why didn’t I have small beekeepers who make wax about all these different jurisdictions? you make it so even a smaller seller— candles and maybe they put those wax We hear a lot about 9,600 taxing juris- 99 percent of the Internet sellers are candles on the Internet; maybe they dictions, and I live in Maryville, TN. exempt from this act—a smaller seller make $20,000, $30,000 a year selling wax So the city might have a sales tax and wouldn’t have to worry about it? candles. I don’t want them, after fur- the State might have a sales tax and So I ask the Senator from North Da- ther litigation, to have a burden of they might be different than what the kota if she would respond, given her 20, sales tax collection. They are small next city is. 30 years of experience in this whole mom-and-pops, and we are talking So my question to the Senator from issue, am I exaggerating? What would about $1 million. North Dakota is—what this law does is it be like if the State of Tennessee got So, in many ways, this legislation is it streamlines these 9,600 jurisdictions. tired of the Senate not being able to prosmall business, it is It simplifies the whole process to make act after all this time and went back to prostreamlining tax. If we let this go it easier for out-of-State sellers. It the Supreme Court and won the case back to the Court with a better argu- takes advantage of the technology of and Tennessee and North Dakota and ment than we are not burdening inter- the Internet so there could be a single all the other States started enforcing state commerce, with an argument tax return for each State, a single their laws against remote sellers? that we can do it for $15 a month, the audit for each State, and States often Ms. HEITKAMP. Mr. President, in re- Court is going to be persuaded that work together with audits and there sponse to my friend from Tennessee, there is no impediment to interstate can only be one audit per year; in other the first thing I will say is the tools we commerce, and that is the risk we run words, it reduces this burden. have today were not available 20 years by not acting and not acting soon. Of course, if an entity is in Kansas ago. The simplification, the immediacy Mr. ALEXANDER. Mr. President, I and they are selling in Tennessee, they of buying a $15 opportunity from e-bay thank the Senator for her knowledge may be subject to an audit and they so you can collect sales tax in all juris- and her contribution to the debate. Of file a report every year electronically. dictions on products that are unique to course, what she is emphasizing is that But, according to this, there can only each State, that was not even a if we do act, we simplify things for the be one a year. thought when we litigated Quill. Yet small businessperson. For one thing, What if we didn’t pass this law? Let’s we came pretty close to convincing the we exempt anyone whose revenues are say I am an enterprising Governor of Court this should be allowed under the less than $1 million. That, by some Tennessee, which I once was, and I say, interstate commerce clause. I think, at economists’ studies, is 99 percent of all the Senate can’t get anything done. the end of the day, the Court decided Internet sellers. If we don’t act and a They can’t even agree when they have that case because they were concerned case is won in the Supreme Court 75 people on both sides of the aisle who mainly about retroactivity. But now, if today, that is different than 20 years already have voted 3 times for the bill. we compare the experience of 20 years ago. There is no $1 million exemption— So I have given up on them. So I am ago to what we know in terms of data there is no $1 million exemption—and going back to the Supreme Court 20 availability and the ease of administra- there is exposure to 9,600 tax districts years later, after Senator HEITKAMP tion today, which is being further if they win that case. wins as tax collector for North Dakota, streamlined by requiring a streamlined So the thing to think about is if we and I am going to say, back then, 20 tax, one single tax base—what do I do our job, and the Supreme Court said years ago, we didn’t know anything mean by that? The city of Fargo im- 20 years ago we are the ones to do it— about the Internet and this case came poses sales tax. Let’s assume for a mo- and 74 or 75 of us 3 times now have indi- to the Supreme Court and the Court ment we allow them to tax different cated we think we should through this said it is too much of a burden on products than what the State taxes. 12-page bill, we will provide an exemp- interstate commerce for you to require This requires one tax per product. We tion for virtually all Internet sellers, out-of-State sellers with no physical don’t get to have different tax bases. we will create rules that simplify, and presence in the State to do the same So we have streamlined that piece that we will give States the opportunity to thing you already require your instate concerned the Court at the time. When do what States should have the oppor- sellers to do on taxes that are already we think about it, local sales taxes tunity to do. My heavens, I hear some owed—taxes that are already owed. I were not unique and were prevalent people say—and I have said this on the am going to go back to the Court and even at the time we litigated Quill. floor—Washington didn’t trust the say things have changed. Times are dif- This argument was overwhelming for States to make these decisions about ferent. I can take my computer out and the Court. They looked at the burden tax matters. Nobody in Tennessee

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3009 trusts Washington to make decisions We should create the environment the I brought it up in the hearing, and about tax matters. So what this bill court says to give them the freedom to Chairman LEAHY said: Well, a lot of does is say to the State of Tennessee or make those decisions for themselves. people file lawsuits. Very few win. Delaware, it is your business; you de- Some may do it one way, some may do Well, yesterday or the day before yes- cide it. If what you want to do is col- it another, but States have the right to terday, the Federal judge basically lect tax from some of the people who be right, States have the right to be ruled in favor of the officers and said a owe it and not all of the people who wrong, and we have the responsibility Secretary of DHS has no authority to owe it—States have the right to be to recognize the constitutional frame- issue guidelines that counteract plain right; States have the right to be work of our country which was created mandatory Federal law. So, basically, wrong. That is what the 10th Amend- by sovereign States. the Secretary was saying: Do not re- ment is about. In some States, they Thank you, Mr. President. move certain people from the country will use the money to pay teachers Mr. BAUCUS. Mr. President, I sug- that current law says must be re- more for teaching well. gest the absence of a quorum. moved. She was refusing to do what the In the State of Ohio they have al- The PRESIDING OFFICER. The law of the United States says. This is ready decided if this passes, they are clerk will call the roll. one of the reasons we have such a prob- going to lower the income tax. The The legislative clerk proceeded to lem reforming and fixing immigration Governor of Idaho said he already has call the roll. law. It is because the American people his eye on a tax he would like to lower. Mr. SESSIONS. Mr. President, I ask have little or no confidence in the will- If we can collect taxes from everybody unanimous consent that the order for ingness of our officials to even follow who already owes them—and that is the quorum call be rescinded. present law, much less new law. the important point to make. We are The PRESIDING OFFICER. Without They have planned to fix this in the not talking about new taxes; we are objection, it is so ordered. bill so now the Secretary would have talking about taxes people aren’t pay- Mr. SESSIONS. Mr. President, I ask even more power. In the legislation we ing that they owe. So why should I unanimous consent to be able to speak have already found maybe 200 ref- have to pay my tax, and if the Senator as in morning business for up to 15 erences to waivers and discretion of the from Delaware is in the same similar minutes. Secretary. But look at page 65: situation, why should he not have to The PRESIDING OFFICER. Without (B) WAIVER.— pay? So in each State, the same people objection, it is so ordered. (i) IN GENERAL.—The Secretary may waive the application of subparagraph (A)(i)(III) or IMMIGRATION ought to have to pay. any provision of section 212(a) that is not Art Laffer, the distinguished econo- Mr. SESSIONS. Mr. President, we listed in clause (ii) on behalf of an alien for mist who wrote a good column in the have an attempt to move and rush humanitarian purposes, to ensure family Wall Street Journal endorsing this idea through the Senate an immigration unity, or if such waiver is otherwise in the of marketplace fairness, said the best bill before the American people can ab- public interest. Any discretionary authority tax, if there has to be a tax, is one that sorb what is in it. I think this is a very to waive grounds of inadmissibility under affects the largest number of people at bad policy. The bill was introduced at 2 section 212(a) conferred under any other pro- the lowest possible rate. If we have a a.m. 8 days ago. It was set for markup vision of this Act shall apply equally to aliens seeking registered provisional status 10-percent sales tax in Tennessee and 25 in the committee today. Our diligent under this section. percent of the people who buy things staff has been trying to read it and ab- (ii) EXCEPTIONS.— are not paying a tax they owe, they sorb it, and they are having a great Exceptions to that. ought to be paying it. They ought to be deal of difficulty sifting through this The discretionary authority under clause (i) paying it. If they all pay it, we can complicated 844-page bill. may not be used to waive— lower the rate for everybody. That is Senator GRASSLEY, the ranking Re- (I) subparagraph (B), (C), (D)(ii), (E), (G), what—we are not deciding that here; publican on the committee, has asked (H), or (I) of section 212(a)(2); we are just deciding the States could for the bill to be put over for 1 week. (II) section 212(a)(3); (III) subparagraph (A), (C), (D), or (E) of have the right to decide. Next week is a recess, so now it will section 212(a)(10). . . . But the important point of the Sen- come up in 2 weeks to be presented and So if I am a Senator, and I am trying ator from North Dakota is that if we passed out of committee. to protect the interests of the people of act, we are protecting the small seller On Monday, we had a hearing. I will the United States to understand what a by creating the $1 million exemption. not say it was a circus, but it was im- piece of legislation means, I have to go We are protecting the small seller or possible to absorb all the information. back and read every one of those sub- any remote seller by saying you have a Twenty-three witnesses testified, one paragraph exceptions. limited liability, a limited number of right after the other, 5 or so minutes This is gobbledygook. My staff tells audits, a limited number of States to each. The Senators who were here on me every time they go back and read do it in, and if we don’t act and the Su- Monday—not a lot—had 5 minutes of it, they see more difficulty. I have not preme Court hears this case, Katy bar questioning and not much was re- even had a chance to look at this. Oh, the door, and out-of-State sellers all solved. They did not know what was in but do not worry about it, we have set over the world will be coming to the the bill either. They were just testi- up a vision. We have a vision of this Congress and saying: Why didn’t you do fying about policy, basically. Nobody great immigration bill that is going to your job? could explain exactly how the bill is be comprehensive and fix all our prob- So there is a good reason why we going to work. lems. Trust us. Do not worry about it. have a majority of Democrats who So people say: You should be able to You will find out what is in it later. have voted three times to express their handle a bill like that. You should be Right? Just like health care, I guess. support for this bill and a majority of able to read an 844-page bill. This is not a way to do business. The Republicans who have done the same. So I just want to show why this is a immigration policy of the United There is a good reason why leading ob- pretty complicated process and why a States is just as important as the servers across the country, from the piece of legislation such as this has to health care policy of the United States. chairman of the American Conserv- be carefully read. It is not easy to do I am not going to consent to this bill. ative Union and others who don’t like so. We ought to find out what is in it. It to see States picking and choosing be- So this is page 65 of the bill that I goes on more and more and more, this tween winners and losers—there is a will show you. It deals with an issue I kind of gobbledygook. good reason all of those people support talked about yesterday. Secretary Continuing: this. And there is a good reason it is an Napolitano issued a prosecutorial di- (IV) with respect to misrepresentations re- 11-page bill. It is a simple idea. rective and guidance to ICE officers lating to the application for registered provi- We have sovereign States. States that was so upsetting to the ICE offi- sional immigrant status, section make their own tax laws. Unless cers that they sued her and their Direc- 212(a)(6)(C)(i). States, by their tax laws, create an un- tor, Mr. Morton, in Federal court, say- And it goes on. constitutional burden on an out-of- ing she is directing them not to follow It is not right to say that people who State seller, it is no business of ours. plain U.S. law. are concerned about the legislation are

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3010 CONGRESSIONAL RECORD — SENATE April 25, 2013 obstructing the process. We are trying care need to be strengthened, not legally. The American people say that to find out what the bill does. weakened; and the numbers are not is about right, although a recent poll A headline yesterday in the Christian going to be disputed. It is not going to showed that over half of the American Science Monitor said: How many peo- strengthen Social Security and Medi- people believe that number is too high. ple will be made legal under this bill? care, as many advocates say. It is They would like to see it brought down It then quoted one of the supporters of going to weaken it, and it is also going some at this time of unemployment the bill as saying: We don’t know. to weaken the financial stability of the and falling wages. So I asked at the Judiciary Com- ObamaCare legislation. They still strongly favor immigra- mittee this morning—one of the spon- We were told illegal immigrants tion for America. They are not mad at sors was there, Senator SCHUMER—I would not have access to public bene- immigrants. They do not hate immi- asked: Do you want to tell us how fits, but the bill ensures that millions grants. They do not dislike them. They many people are going to be legalized of illegal immigrants will immediately respect people who want to come to under the bill? Oh, we don’t know. be eligible for State and local public America. They understand the desire of So we do not know that. We do not assistance. If people need something, good people around the world who know answers to other questions, such need health care, they are going to get would like to come to America. But as: How much will the bill cost the it somewhere. Some will get formal what they are angry about is people in Treasury of the United States? What benefits in as short as 5 years and will high office flatly telling them time and kind of expenses will be incurred? What be eligible for all Federal welfare pro- time again: We are going to fix this is the total number of people who will grams at the time of the grant of citi- system, we are going to make it lawful, be admitted? zenship. and we will make it one that you can What we have discovered has re- We were told there was a 10-year path be proud of. Then they do not do it. vealed that the legislation fails to live to green cards or permanent legal resi- They say they are going to build a up to virtually all the promises that dence and a 13-year path before one fence, and it does not get built. They have been made about it so far. I hate could become a citizen. But 2 to 3 mil- say they passed a law that requires re- to say that, but that is the truth. lion of those who are in the country il- moval of certain people who violate the Let me list a few instances. These are legally are expected to assert that they law; they do not get removed. The promises we have been told are taken came into the country as younger peo- American people are right about this. care of or will be effectuated by the ple and, therefore, would be eligible for It is Congress and the President who legislation if we just vote for this good citizenship in 5 years under this re- have not been fulfilling the right bill. Just vote for it. It is 844 pages. markably broad DREAM Act provision standard. Just vote for it. Here are some of the that removes any age cap on the per- We were told there would be strict things: sons who can assert that they came as standards for amnesty, but the bill We were told the bill would be en- a youth. Even those who had been re- grants amnesty for those who have forcement first. But the plan confers moved from the country can come back been convicted of multiple crimes. immediate legalization in exchange for and claim the benefits of this bill. There are a whole host of exceptions to future promises of plans for enforce- Illegal agriculture workers will also ineligibility. We were told the bill ment, many of which will likely never get green cards in 5 years. Individuals would make us safer. But Mr. Chris occur. We have plain law now that re- working illegally in agriculture today Crane, the head of the ICE association, quires removal in lots of cases that the would be able to get legal permanent said it will not; that immigration offi- Secretary is failing to follow. resident status in just 5 years. This cers have been undermined. They have In fact, a major loophole that jeop- would enable them to receive benefits voted—the 7,000-member association ardizes the entire border security sec- of some kind. We were told this legisla- voted no confidence in Mr. Morton, tion commands that the Secretary of tion was for illegal immigrants who their supervisor. They filed a lawsuit DHS grant current illegal immigrants have deep roots in the country. But the for the failure of their officials to allow permanent legal status and, therefore, amnesty is extended to recent arrivals, them to enforce the law, basically com- a guaranteed path to eventual citizen- including those who may have come plaining about their supervisors direct- ship after 10 years if just one of the so- here alone just over a year ago. ing them to violate the law. called triggers that is supposed to en- Millions would be legalized who over- That is what they complained about. sure enforcement is prevented from oc- stayed their visas. People who are not That is what the judge seemed to take curring by a lawsuit. So all they have even living in the country anymore very seriously. We were told this would to do is to keep an enforcement trigger could return and receive benefits and move us toward a merit-based, high- tied up in court for ten years, and then legal status. Those who have been de- skilled immigration system with a re- the people are not going to be deported ported multiple times could receive sponsible future flow that would be if the enforcement does not occur. benefits under this legislation. That is more effective in identifying people We were told the Secretary would be just what is in this complex 844-page who could be successful in America. required to build a fence at the border. bill. This might be the biggest and most We passed a law in 2007 that required We were told the legislation would dangerous flaw of all. It does not look 700 miles of double-strength fencing at curtail the administration’s aggressive like it is going to move our numbers in the border—not the whole border but undermining of Federal law. That any way in that direction. 700 miles. How many miles have been somehow the law was going to be en- The bill would remove limitations on built since then? Thirty. Congress forced more. But it provides the Sec- the number of visas for spouses and passed a law that said we would do this retary of Homeland Security with even children of green card holders. That enforcement in the future, but it has more discretion than she has today. It would apply to both those here ille- not occurred. is filled with grants of waiver power gally and all current and future legal We were told the bill would reduce and discretionary power. The American immigrants. It would clear the 4.5 mil- the deficit. We have been told it will people are very dubious of the willing- lion illegal immigration backlog of reduce the deficit and strengthen So- ness of our government to do anything people who filed to come under chain cial Security and Medicare. But the ef- that would consistently and effectively migration, family migration. Only so fect will be to legalize large numbers of enforce laws. many were supposed to be admitted per low-skilled immigrants. Over half of I believe the American people’s heart year. You file and wait until your time those illegally here today do not have is right about the issue of immigration. comes up, then you get admitted. So, a high school diploma and will add tril- I believe the American people should apparently, the drafters of the bill felt lions to the unfunded liabilities of be respected and their opinions valued. bad because people said: You are giving Medicare, Social Security, and the What are they saying? They say: We people who came illegally advantage President’s new ObamaCare health care need a lawful system of immigration. over those who have been waiting their bill. People should be treated fairly. They time. We are talking about trillions of dol- believe in immigration. Right now we So how did they solve that? That is a lars when Social Security and Medi- are bringing in 1 million people a year pretty brilliant way to solve it. They

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3011 agreed to let everybody who has filed known in this legislation as ‘‘reg- view the condition’s constitutionally, a to come in immediately and exempt istered provisional immigrant sta- highly likely event even if the Court from them from the caps. That would tus’’—be given green cards as soon as later upheld that. solve the problem all right. the Secretary of Homeland Security Fourth, the bill restricts litigation Those who are approved under the certifies that four conditions have been challenging one particular decision of DREAM Act, persons who came as satisfied. the Secretary to a constitutional chal- younger individuals, can obtain green On page 11 of the bill it lays out the lenge only. But that limitation ex- cards on an expedited status for their process. The Secretary certifies that pressly does not apply to litigation spouses and children. We have to be the border and fencing strategies, and challenging implementation of the con- careful that we do not create a system those strategies are ones that she ditions. Litigation brought against the that allows aging parents to be brought wrote, are substantially deployed, conditions can be based on any legal to the country in large numbers. That operational, and completed. She also theory. will be a burden on us. Truly, we have has to implement a mandatory employ- Under the bill, if any court in this to be thoughtful about that. We have ment verification program and elec- country issues a stay on implementing to be responsible. As a member of the tronic exit system at airports and sea- one of the conditions, then green cards Budget Committee, we are looking at ports. The authors of the bill envision are to be issued after 10 years. these numbers. We have to reduce our that this will happen in 5 or 10 years The bill does not specify what sort of costs, not add to it wherever possible. down the road. ruling must prevent implementation or The agriculture worker program is There are three reasons this process even that the ruling be based on the expanded, giving the Secretary of is problematic: First, the Secretary has merits, nor does the bill require that Homeland Security almost unchecked unbridled discretion to conclude that appeals run their course, even if the ap- authority to increase the visas to the four provisions have been satisfied peal upholds the condition. It says that whatever number he or she sees fit. even if they have not been satisfied. the Secretary ‘‘shall permit’’—and this Think about this: The Christian The Secretary determines if the stra- is mandatory language—‘‘shall permit’’ Science Monitor asked: How many will tegic plans are substantially deployed, applications for adjustment to LPR be illegal immigrants will be admitted? operational, and completed according status if ‘‘litigation . . . has prevented I asked the bill sponsors and sup- to requirements of the law. For exam- one of the conditions from being imple- porters today in committee: How many ple, the Secretary could say she is mented.’’ Under the plain language of the bill, would be admitted over the next 10 using an electronic exit system by col- 10 days after the day that any court years? lecting visa and passport information prevents any of the border security Under current law, we should be ad- even if that system is not totally effec- conditions from being implemented, mitting about 1 million people a year, tive. The bill establishes no deadline then, of course, the floodgates for the largest number any Nation in the for implementing any of these condi- green cards are to be opened. And noth- world allows, to come into our country tions. ing in the bill stops the administration legally. That would be 10 million over Second, the bar is set very low for from agreeing to a consent decree that 10 years. Under this bill, we believe the certifying that these conditions have prevents one of the conditions from number would be 30 million-plus. been met. One of the four triggers to being met. green card is a summation of a border Let me say to my colleagues, I re- Because I listened to over 7 hours of spect their work and their efforts. I fencing strategy. The bill defines in testimony on Monday and because on know we have always valued immigra- one sentence in section 5 the contents Tuesday the Secretary of Homeland Se- tion in our country, but it is time to of that border fencing strategy condi- curity shared her thoughts, I summa- create a system that serves the nation. At a hearing on Tuesday before rize to this one statement: During all tional interest, a lawful system where our Judiciary Committee, Secretary that time, not one person disputed the those who violate the law are not re- Napolitano testified that fencing was fact that legalization begins upon the warded, those who do not violate the not a priority of this administration. mere submission of both a southern Considering how sensitive of an issue law are validated, a system that brings border security and fencing strategy. in the kind of person that has the best this is, one would not think she would Thus, the undocumented become legal chance to be successful and not be a say that. She did not really want $1.5 after the plans are submitted despite ward of the State or charge of the billion to be designated just for fenc- the potential that the plans could be State. ing. She implied that no more fencing flawed and inadequate. There are a lot of things that we was needed. Well, ask the people down If enacted today, the bill would pro- really need to do: protect our national on the border if that is true. She testi- vide no pressure on this Secretary or security, have a system and a policy fied that the Department would prefer future Secretaries to actually secure that we are proud of, that is morally flexibility to use technologies other the border. defensible. I am afraid this bill is not than fences. She stated that if she de- Secretary Napolitano has stated that there. That is why I am concerned termined that little or no additional the border is stronger than ever before. about it. I look forward to doing the funding were necessary for fencing, she She even indicated that Congress best I can to examine it carefully. might then be able to certify this con- should not hold up legalization by add- I yield the floor. dition very quickly. ing border security measures and re- The ACTING PRESIDENT pro tem- Third, litigation could ensure that le- quiring them to be a trigger for the pore. The Senator from Iowa. galization could occur in 10 years, reprogram. Mr. GRASSLEY. Mr. President, over gardless of whether any and all of the I am concerned that the bill we will the course of the next several weeks, I four border security triggers in the bill be taking up repeats the mistakes we hope to come to the floor and visit are met. The bill does this in four made in 1986. Maybe people will resent with my colleagues about the immigra- ways: First, green cards can be issued my referring to 1986, but I do that be- tion bill that will soon be going if litigation of any kind prevents any cause I went through this before, and through the Judiciary Committee. conditions from being met. Second, we thought we were doing it absolutely Today I want to share my thoughts on green cards can be issued if the Su- right in 1986. We didn’t secure the bor- the parts that deal with the border se- preme Court rules that the implemen- der then and assumed legalization curity section of S. 744. tation of any of the conditions is un- alone would stop the flow of more peo- The immigration bill is very likely constitutional. Third, green cards can ple crossing the border without papers. to allow millions of people who entered be issued if the Supreme Court grants Simply, we screwed up. We need to our country illegally or overstayed review of litigation on the constitu- learn a lesson because the basis of this their visa to receive legal status and tionality of the implementation of whole legislation is that the borders eventually green cards. However, it is these conditions. I note that this provi- will be secured. The people don’t want very unlikely to result in true border sion is especially ill-considered because some phony language that allows the security. The bill provides that those it could trigger green cards merely be- Secretary to circumvent congressional in a probationary status—and that is cause the Supreme Court agreed to re- intent.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3012 CONGRESSIONAL RECORD — SENATE April 25, 2013 I urge all my colleagues to really un- Other warning signs about the older deter aliens from entering the country derstand what the bill does in regard to brother may have been missed because illegally. Of course, there are organiza- border security and, in the process, to tips about him weren’t shared between tions, such as law firms, law school make sure the same mistakes of 1986 law enforcement. The older brother’s clinics, and others, that provide pro aren’t repeated and to insist that the best American friend was murdered in bono legal services to aliens at no cost border be secured instead of trusting an unusual triple homicide. My office to the taxpayers. what the Secretary says. has been told that local authorities in- The bill’s language is just so as- In regard to this whole issue, there vestigating the murder were unaware tounding. There are very few statutes has been a lot of finger-pointing going of the warnings from Russia about his that say that any government official on in Washington in the past 2 weeks radicalization. Thus, those local au- can do anything in his or her ‘‘sole and as it relates to immigration. It is a lot thorities in turn apparently didn’t unreviewable discretion.’’ That means like the weeks and months after 9/11. know they should make the FBI aware no oversight. However, time and again What warning signs were missed about of the murder. throughout this bill this language pops the brothers who bombed the Boston Four months later the older brother up. It means that no court can stop Marathon? Law enforcement and intel- traveled to Russia, just as the Russian what that official wants to do. That is ligence agencies tell conflicting sto- Government had warned us. The FBI hard to square with our principles of ries. Bureaucracies are gearing up to claims it was unaware of the older democracy and a government based on do battle over who dropped the ball. brother’s trip, even though the Home- the principles of checks and balances. They are preparing their defenses. land Security Department says its sys- Ironically, the title for the section They are leaking bits and pieces of in- tems alerted them to the travel. Did implies that this measure would ‘‘re- formation favorable to themselves. the Homeland Security Department duce costs,’’ but in fact it only in- Meanwhile, Congress and the public fail to share that information with the creases the costs for taxpayers. This have a growing number of questions. I FBI? measure to provide legal counsel for have written to the Department of The immigration reform bill, with all people here illegally would be paid for Homeland Security and the FBI. Sen- of its bells and whistles, can’t make from the newly created fund known as the Comprehensive Immigration Re- ator PAUL and I have written on an- agencies share information with each other matter to the FBI. But the Sen- other. That bill is supposed to require form and Trust Fund. This fund, on the ate Judiciary Committee has not yet background checks on the 12 million date of enactment, will have $6.5 billion, which is transferred from the received clear answers to our ques- people who are in our country undocu- General Treasury. How much will this tions, and there are very serious ques- mented. Yet it seems we have a hard section cost? We won’t know until CBO tions about whether our government time doing successful background scores it, but it won’t be borne by the has forgotten the lessons of 9/11. checks just on those here legally. The most important of those lessons Lack of information-sharing and fail- people in the removal proceedings, and that is going to be hard for the Amer- is this: When extremist fanatics say ure to see real warning signs are prob- ican people to swallow. they want to wage war against us, we ably things that no bill will fix. What Anything that makes deportation has to change is the culture, and, of should take them seriously. Our gov- harder or that makes deportation pro- course, that begins at the top. It re- ernment was reportedly warned on ceedings more likely to be about delay- multiple occasions that one of these quires true leadership. ing tactics should be avoided, but the At the end of the day, this is about brothers had become a radical jihadist. immigration bill appears to desire much more than who dropped the ball. Do we still have agencies failing to fol- those results as goals. We should de- It is about learning from mistakes and low up, failing to share information, cline that invitation to mischief that is doing a better job next time. In order and failing to connect the dots? going to be a direct result. In this morning’s Washington Post, to do that, we need real transparency DRUG PREVENTION AND TREATMENT PROGRAMS the editorial board asked, ‘‘Is the FBI about what happened, not just talking Mr. President, I have long been a focused enough on the real bad guys?’’ points from agencies trying to deflect strong advocate for the responsible the blame. The editorial pointed out that in addi- stewardship of taxpayer dollars. The immigration bill before the Sen- tion to the older brother in Boston, Throughout my career I have sent ate will make enforcement of immigra- several people who have been inves- countless requests, letters, and con- tigated by the FBI have gone on to tion laws more inefficient, time-conducted numerous investigations all in commit attacks. The Post cited 2 ex- suming, and ineffective. the interest of preventing waste, fraud, I would refer my colleagues to sec- amples: the man who shot 2 soldiers at and abuse of taxpayer dollars. Today, tion 3502 of the bill. That section gov- a Little Rock military recruiting office we are confronted with a government erns immigration court proceedings. in 2009 and the man who was accused of that is recklessly spending tax dollars shooting and killing 13 people at Fort Under current law, people here ille- and running up a huge Federal budget Hood later that year. gally who are going through removal deficit and debt. We are also con- According to the editorial, ‘‘Mean- proceedings are not entitled to legal fronted with the need to tighten the while, the FBI has devoted consider- counsel at government expense, and government’s belt when it comes to able resources to sting operations . . . the Justice Department is not required this reckless spending. sometimes on what look like dubious to provide that. However, this section One area where we need to do a bet- grounds.’’ For example, the FBI opens the law wide, making taxpayers ter job of responsibly using taxpayer launched an elaborate sting operation foot the bill for attorneys who will rep- dollars is through our drug treatment in Boston against a man planning to resent people here who are undocu- and prevention efforts. I have a strong attack the U.S. Capitol with a remote- mented. It provides that ‘‘the Attorney commitment to ensure drug abuse does controlled model airplane loaded with General, in the Attorney General’s sole not flourish in communities through- grenades. and unreviewable discretion, may ap- out the country. I have championed nu- The Post concluded: point or provide counsel to aliens in’’ merous efforts to prevent drug abuse In [some cases], it’s not clear that a some- removal proceedings. before it starts including my sponsor- times far-fetched plot would have gone for- The heading of the section implies ship of the Drug Free Communities ward without the encouragement and help of that court proceedings would run more grant program. FBI informants. efficiently, when in actuality the goal Drug abuse is very costly to society. That is a very good point. It may be is to ensure that people here illegally The National Survey on Drug Use and easier for an FBI informant to draw have every opportunity to fight re- Health estimates that 22.5 million someone into a far-fetched plan, but it moval orders. Some of these aliens Americans aged 12 and older used drugs is harder to detect the real terrorist could be dangerous. They certainly in 2011. This is clearly a problem that plot, such as the one in Boston. Unfor- don’t deserve free counsel whenever the needs to be addressed in an aggressive tunately, it is connecting the dots that Attorney General is inclined. Making but wise manner. keeps us safe, not those easy sting op- it harder to deport aliens who should Senator FEINSTEIN and I requested erations. be deported will make it harder to the Government Accountability Office

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3013 to conduct a study of the Federal drug their efforts. Yet these actions should The question is, Is it the sense of the treatment and prevention programs have been taken years ago. However, it Senate that debate on S. 743, a bill to that has recently been released. This is with disappointment that I saw no restore States’ sovereign rights to en- report and another, which annually re- mention of any effort to assess preven- force State and local sales and use tax ports on the duplication or overlapping tion and treatment programs in the laws, and for other purposes, shall be of Federal programs, states that out of President’s recently released 2013 Na- brought to a close? 76 drug abuse prevention and treat- tional Drug Control Strategy. The yeas and nays are mandatory ment programs 59 or nearly 80 percent In fact, it appears that the President under the rule. had evidence of overlapping efforts. In wants to expand many of the programs The clerk will call the roll. that currently do not coordinate ef- Fiscal Year 2012, 4.5 billion taxpayer The assistant legislative clerk called forts in his strategy. An assessment dollars were allocated to these pro- the roll. must be done and actions must be grams. Mr. DURBIN. I announce that the The Government Accountability Of- taken to eliminate waste before any Senator from California (Mrs. BOXER) fice reported that some programs, in- expansions take place. and the Senator from New Jersey (Mr. cluding the Drug Free Communities Failure to adhere to the Government LAUTENBERG) are necessarily absent. program, have a low risk for duplica- Accountability Office recommendation tion because they have coordinated will result in more wasted taxpayer Mr. CORNYN. The following Senators their efforts among their respective ad- dollars and less recipients benefitting are necessarily absent: the Senator ministering agencies. However, 29 of from those dollars. The people most from Texas (Mr. CRUZ), the Senator the 76 programs surveyed reported that vulnerable to drug abuse, our Nation’s from Texas (Mr. CORNYN), the Senator no staff have coordinated with other youth, require our best efforts with the from Arizona (Mr. FLAKE), the Senator agencies or programs to reduce dupli- limited resources we have to ensure from Ohio ( Mr. PORTMAN), and the cation. This is almost 40 percent of all they receive the proper education and Senator from Mississippi (Mr. WICKER). Federal drug prevention and treatment professional help so that they can grow Further, if present and voting, the programs. The report further states into healthy adults. By failing to care- Senator from Texas (Mr. CORNYN) that the Office of National Drug Con- fully safeguard taxpayer dollars, we are would have voted ‘‘nay.’’ trol Policy, which is responsible for co- failing our children and grandchildren. The PRESIDING OFFICER (Mrs. ordinating the government’s anti-drug We must do better. HAGAN). Are there any other Senators efforts, has not systematically assessed The ACTING PRESIDENT pro tem- in the Chamber desiring to vote? drug abuse prevention and treatment pore. The majority leader. The yeas and nays resulted—yeas 63, programs to examine the extent of Mr. REID. Mr. President, I ask unan- nays 30, as follows: imous consent that the vote on the mo- overlap or opportunities for coordina- [Rollcall Vote No. 111 Leg.] tion. tion to invoke cloture on S. 743 occur YEAS—63 It is with disappointment that I this evening at 5:35 p.m.; further, that learned that the President has pro- if cloture is invoked, all postcloture Alexander Fischer Menendez time be considered expired at 5 p.m. Baldwin Franken Mikulski posed a significant increase in his Begich Gillibrand Moran Budget to many of these programs. Monday, May 6; the Durbin amendment Bennet Graham Murphy Specifically, the President has pro- No. 745 then be withdrawn; that no Blumenthal Hagan Murray posed a $1.5 billion increase for drug other second-degree amendments be in Blunt Harkin Nelson order; that the Senate then proceed to Boozman Heinrich Pryor treatment programs, which is an in- Brown Heitkamp Reed crease of 18 percent from fiscal year vote in relation to the Enzi-Durbin Cantwell Hirono Reid 2012. Many of these programs have good amendment No. 741; that upon disposi- Cardin Isakson Rockefeller tion of the amendment, the Senate pro- Carper Johanns Sanders intentions and may even do good work, Casey Johnson (SD) Schatz but in a time when we are making ceed to vote on passage of the bill, as Cochran Kaine Schumer many painful cuts throughout most amended, if amended; finally, that the Collins King Sessions filing deadline for second-degree Coons Klobuchar Shelby federal agencies and programs to rein Corker Landrieu Stabenow in spending should we be making such amendments be 4 p.m. Monday, May 6. Mr. President, just briefly, I appre- Cowan Leahy Udall (CO) large increases? Donnelly Levin Udall (NM) Further, should we be spending more ciate very much the fact this is a con- Durbin Manchin Warner sent agreement I had nothing to do Enzi McCain Warren taxpayer dollars on programs that are Feinstein McCaskill Whitehouse duplicating efforts before they correct with. I appreciate all the good work of their problems? The last thing we need everyone who was involved in this. NAYS—30 The ACTING PRESIDENT pro tem- to be doing now is chasing good money Ayotte Heller Risch pore. Is there any objection to the re- Barrasso Hoeven Roberts after bad, and this is what the Presi- quest? Baucus Inhofe Rubio dent is proposing with his budget. Without objection, it is so ordered. Burr Johnson (WI) Scott Before we start increasing any pro- The clerk will report the motion to Chambliss Kirk Shaheen gram budget, we must first ensure that Coats Lee Tester invoke cloture. Coburn McConnell Thune program is responsibly tracking and The assistant legislative clerk read Crapo Merkley Toomey utilizing every taxpayer dollar it cur- as follows: Grassley Murkowski Vitter rently has and not wasting it by dupli- Hatch Paul Wyden CLOTURE MOTION cating the work of another program. We, the undersigned Senators, in accord- NOT VOTING—7 One example of success in eliminating ance with the provisions of rule XXII of the Boxer Flake Wicker duplication can be found with the Na- Standing Rules of the Senate, hereby move Cornyn Lautenberg tional Drug Intelligence Center. to bring to a close debate on S. 743, a bill to Cruz Portman This center had repeatedly been list- restore States’ sovereign rights to enforce The PRESIDING OFFICER. On this ed as a duplicating agency for a num- State and local sales and use tax laws, and vote the yeas are 63, the nays are 30. ber of years. The funding for this cen- for other purposes. Three-fifths of the Senators duly cho- ter was eventually eliminated in fiscal Harry Reid, Richard J. Durbin, Heidi sen and sworn having voted in the af- year 2011 while the work of the center Heitkamp, Martin Heinrich, Amy Klo- buchar, Al Franken, Sherrod Brown, firmative, the motion is agreed to. has been consolidated. Brian Schatz, Benjamin L. Cardin, VOTING EXPLANATION I am pleased that the Office of Na- Angus S. King, Jr., Richard tional Drug Control Policy agrees with Blumenthal, Sheldon Whitehouse, John ∑ Mrs. BOXER. Madam President, I the recommendation of the Govern- D. Rockefeller IV, Joe Manchin III, was unable to attend the roll call vote ment Accountability Office report to Thomas R. Carper, Tom Harkin, Pat- that occurred on April 25, 2013 because assess the extent of overlap and dupli- rick J. Leahy. of a family obligation. Had I been cation across all drug prevention and The ACTING PRESIDENT pro tem- present, I would have voted in favor of treatment programs by identifying pore. By unanimous consent, the man- the motion to invoke cloture on S. 743, where agencies can better coordinate datory quorum call has been waived. the Marketplace Fairness Act.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3014 CONGRESSIONAL RECORD — SENATE April 25, 2013 As electronic commerce has grown pany. For the last 30 years, that has should not be picking winners and los- dramatically, new policies are nec- been used in natural gas, oil, and coal ers in energy technology, and we essary to maintain a level playing field mining, predominately in pipelines but should have an ‘‘all of the above’’ so that businesses of all types can both also in fossil fuels. strategy. compete and prosper. This bipartisan Not surprisingly, this structure This change, in my view, will bring a bill has the support of a broad coalition means MLPs have had access to private significant new wave of private capital of Governors, mayors, business leaders, capital at a lower cost, and that is off the sidelines and into the renewable and labor groups, and is especially im- something capital-intensive projects, energy marketplace. It allows the pri- portant to our local governments. I such as oil pipelines, badly need. vate sector to look at clean energy in look forward to working with my col- Frankly, it is something alternative a whole new way. Today, master lim- leagues to ensure that implementation energy projects in the United States ited partnerships have reached a mar- of these changes is manageable for need more than ever. ket capitalization of close to $450 bil- small businesses in California and else- Let’s work together and level this lion with about 80 percent of it devoted where.∑ playing field. Let’s remove the restric- to traditional energy projects—oil and The PRESIDING OFFICER. The mation that allows only traditional en- gas—and the majority of that to pipe- jority leader is recognized. ergy projects, such as, oil, gas, coal, lines. Access to this kind of scale of f and pipelines, to form MLPs. It is lit- private capital could drive the invest- erally in the original statute that only ment that is essential to creating new MORNING BUSINESS nonrenewable forms of energy are eligi- jobs in a fast growing new field. Mr. REID. Madam President, I ask ble. In my view, we should open it up It would also, in my view, bring some unanimous consent that notwith- to include clean and renewable energy fairness, some modernization to this standing rule XXII, the Senate proceed and then let the free market take it well-established section of our Tax to a period of morning business, and from there. So this week, Senator MUR- Code. As the Presiding Officer knows, during that period of time Senators be KOWSKI and I joined Republicans and our Tax Code hasn’t been broadly mod- allowed to speak for up to 10 minutes Democrats from the House and the ernized in decades. In the mid-1980s, each. Senate to introduce the Master Lim- Congress enacted provisions to estab- The PRESIDING OFFICER. Without ited Partnerships Parity Act of 2013—a lish MLPs for oil and gas, timber and objection, it is so ordered. bill that will do just that. We are coal, and midstream energy industries. The Senator from Delaware. grateful for the support of Senators This tax benefit hasn’t been signifi- Mr. COONS. Madam President, I ask JERRY MORAN of Kansas and DEBBIE cantly changed, expanded, or modern- unanimous consent to enter into a col- STABENOW of Michigan, as well as Con- ized in nearly 30 years. loquy with the Senator from Alaska for gressman TED POE of Texas, MIKE Just to be clear, we are not talking up to 30 minutes. THOMPSON of California, PETER WELCH about taking away any of these bene- The PRESIDING OFFICER. Without of Vermont, and CHRIS GIBSON of New fits for any existing beneficiary indus- objection, it is so ordered. York, who are original cosponsors. try, just updating them to recognize f Our bill does not change these bene- the modern market reality of new en- fits for traditional energy sources at ergy technologies and to reflect the ENERGY STRATEGY all. It doesn’t touch existing MLPs and changing investment opportunities in Mr. COONS. Madam President, Sen- their well-established benefits for coal the emerging markets of renewable en- ator MURKOWSKI of Alaska is a strong and oil and natural gas; it just allows ergy. In fact, one of the lead cosponsors leader on energy issues, and I am proud renewable energy projects to compete of this legislation in the House, Con- to work with her on the Energy and fairly by also accessing this tax advan- gressman TED POE—Judge POE—a National Resources Committee. It is tage capital formation field. It gives an Texas Republican, said at a recent fitting that we are here despite rep- equal chance for success for projects press event we did that over the course resenting different States from dif- using energy from wind and the Sun, of his career, he has represented as ferent regions of the country to talk the heat of the Earth, and biomass; many oil refineries as any other Mem- about an issue we believe can bring us breakthrough technologies to con- ber of Congress. Yet he sees this as an together. sumers with affordable homegrown en- efficient and effective opportunity to Republicans and Democrats alike can ergy for generations to come. expand from its traditional use of pipe- agree that when it comes to American This bill is this year a new and im- lines of oil and gas to the broader en- energy, we need a comprehensive, all- proved version of the Master Limited ergy marketplace of the United States, of-the-above strategy, and that is the Partnership Parity Act from last year. and he is confident expanding this only way we are going to succeed in se- We introduced a version last year that structure to include clean sources of curing homegrown and affordable earned strong support from Repub- energy would create jobs. sources of energy for the next genera- licans and Democrats, as well as out- I wish to ask the Senator from Alas- tion. side experts and the business commu- ka, Ms. MURKOWSKI, if she has seen the In my view, oil and gas are not going nity. This year we are expanding the same thing in Alaska. Does the Sen- away anytime soon. If renewable scope of the bill to also include addi- ator from Alaska see this as an oppor- sources of energy are going to grow and tional energy projects that qualify as tunity that will help us grow an ‘‘all of become central players in the Amer- MLPs: waste heat to power, carbon the above’’ energy strategy for the ican energy marketplace, we have to capture and storage, biochemicals, and United States? make sure they are operating on a energy efficiency in buildings. We Ms. MURKOWSKI. I say to my friend, level playing field. Right now the play- wanted to include a broader array of the Senator from Delaware, yes. In ing field is anything but equal. clean energy resources because that is fact, I view this as an opportunity. I For nearly 30 years, traditional how we can get the best competition view this as a positive direction as we sources of energy have had access to a and deliver the most affordable and ef- build out an energy policy that works very beneficial tax structure called ficient energy to consumers from Dela- for the entire country. Master Limited Partnerships. This is a ware to Alaska and across our whole The Senator’s question is specific to financing arrangement that taxes country. my home State of Alaska, an area that projects like a partnership, a pass- MLPs are complicated financial is known for its enormous potential through, but trades their interests like structures, but our bill is very simple. with our fossil fuels, our oil, our nat- a corporate stock. This prevents double It is just a few pages long. It makes ural gas, and the opportunities that taxation and leaves more cash avail- one simple tweak to the Tax Code to have been available to a State such as able for distribution back to investors. bring these renewable energy and clean mine where we have the more tradi- This allows limited partners and gen- energy projects into the existing struc- tional fossil fuels. But we are also a eral partners to come together and in- tures of MLPs. It is the embodiment of State that is rich with potential for re- vest capital in a Master Limited Part- what I have heard from many col- newable energy resources whether it is nership and form an operating com- leagues in the last 3 years, that we geothermal, whether it is marine

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She has been a real champion for solar. cause I just came back from a bipar- a commonsense, ‘‘all of the above’’ vi- So from my perspective as a Senator tisan, bicameral meeting where we sionary path forward that will move us from Alaska, I am looking to try to were talking about the energy agenda on the committee and in the Congress. find those areas where we can branch for this Congress moving forward. Of As the ranking member of Energy out, where we can move the energy dis- course, as a nation looking at a $16.8 and Natural Resources, the support of cussion to what we are all talking trillion debt, everything we do we have the Senator from Alaska is central and about now, which is an ‘‘all of the to figure out how we are going to pay significant. I am also glad the chair- above’’ policy. In order to truly have for it. When we think about the energy man is working with me. Senator an ‘‘all of the above’’ policy and to efficiency initiative—and I note our WYDEN, in a recent public setting, re- avoid picking winners and losers, as colleague, Senator SHAHEEN from New ferred to this as ‘‘exactly the right ap- the Senator from Delaware has noted, Hampshire, is on the floor with us. proach.’’ I believe, as does the Senator then it is important that when we talk Senator SHAHEEN and Senator from Alaska, the bill will unleash pri- about how we finance these energy PORTMAN have spearheaded a great vate capital; that it will help create projects—and we all know there are piece of legislation focusing on energy jobs, modernize our Tax Code, and considerable dollars at stake with any efficiency. We think about how we make it more fair; and I think that is energy project—then let’s work to pro- move that forward because that is why it has earned support from Repub- vide a level of parity, and that is ex- going to require dollars. Where do we licans and Democrats in the House and actly what this bill does. find those dollars? There are not in the Senate, but also at some senior My hat goes off to the Senator from enough rocks with enough money un- levels in the administration. Delaware. His leadership on this bipar- derneath them to advance this. So if Former Secretary of Energy Steven tisan measure is extremely important. we can expand the opportunities for fi- Chu said the MLP Parity Act would I can recall when the Senator first nancing to include our renewables and make ‘‘a world of difference and have a came to talk to me about it, and I said: to include energy efficiencies, this is profound effect on private capital and We need to really do wholesome tax re- how we move it forward. investment.’’ Our, hopefully, incoming form. I haven’t changed my mind on Bottom line, when we are talking Energy Secretary, Ernest Moniz, also that. But what I have recognized is about the dollars. This is only going to pointed toward the MLPs as a great op- that if we are to work to build out our happen if the private markets think portunity to increase clean energy fi- energy sector, if we are to work to ad- the math makes sense. The invest- nancing and put it on a level platform. vance our ‘‘all of the above’’ policy, ments and the structures of the enti- This legislation has earned backing then we need to be a little more expan- ties that are making them very well from business leaders, from investors, sive in how we are going to look to the might not occur, but, again, that is not from outside experts, from academics. financing opportunities. our job. We are not here to pick win- Two experts in energy finance, Felix So I agreed to join the Senator from ners and losers. If it is good, if it Mormann and Dan Reicher, from Stan- Delaware as a cosponsor of the Master works, it will happen. But we are help- ford’s Steyer-Taylor Center for Energy Limited Partnership Parity Act being to provide a financing mechanism Policy and Finance, shared their cause fundamentally, at its base, it is that is fair and creates opportunities. thoughts in an editorial in the New about fairness and opportunity. That is Our job, which this bill highlights, is to York Times. a pretty good place to be sitting. provide that level playing field. This is They wrote: I think too often in this Nation de- about equality of opportunity, not If renewable energy is going to become bates about our energy policy kind of equality of outcome. We can’t guar- fully competitive and a significant source of devolve into this advocacy where we antee that outcome, but what we can energy in the United States, then further show preferential treatment for one do is kind of level the playing field in technological innovation must be accompanied by financial innovation so that clean sector or another sector. As the Sen- terms of what options are available. ator from Delaware and I have dis- energy sources gain access to the same low- This bill enables the renewable sector cost capital that traditional energy sources cussed, I am absolutely an advocate for to structure a certain way. I am cer- like coal and oil and gas enjoy. an ‘‘all of the above’’ approach. I have tainly glad to be supporting it with the Our financial innovation has to keep spelled that out in a blueprint that I Senator from Delaware. I think we up with our energy innovation. It is have shared with so many of my col- have some momentum. I was talking to just that simple. That is why more leagues called ‘‘Energy 2020,’’ which we some folks up in New York where I ad- than 250 companies and organizations released earlier this year. But I do dressed an energy financial forum, and have recently signed a letter sup- think that with the legislation the what everybody was interested in was porting our Master Limited Partner- Senator from Delaware has spear- not what is happening on the R&D side; ships Parity Act. They range from For- headed, we have identified a way to it was so much interest in the master tune 500 NRG to the American Wind further our progress in that direction. limited partnership and its ability to Energy Association, the Solar Energy Right now, the oil and gas sector is expand to other areas; how we can take Industries Association, the American able to benefit from the master limited a tool that has worked very well for us Council on Renewable Energy, and partnership structure, and it is a good in the oil and gas sector and push it many more. thing because it has helped to raise bil- out to renewables and efficiency. Just one more quote, if I might. lions of dollars in private markets for So I think the momentum is there, David Crane, who is the CEO of NRG much needed pipeline infrastructure. and I applaud Senator COONS for his Energy, said: We are going to need that as we work leadership in that regard. The MLP Parity Act is a phenomenal idea. to keep up with the natural gas boom The Senator from Delaware also It’s a fairly arcane part of the tax law, but we are having in this country—how we mentioned the expanded scope. Again, I it’s worked well and has been extremely ben- build new infrastructure, how we take think that is an important aspect of eficial to private investment in the oil and care of existing infrastructure. So we this bill. I am excited about where we gas space. The fact that it doesn’t currently need to have these financing mecha- are right now, and I look forward to apply to renewables is just a silly inequity in nisms. That is all great. But why not working with the Senator from Dela- our current law. expand that out to the renewable sec- ware as we build out our renewable en- Well, one of the things the folks we tor? Currently, as the Senator from ergy future here. work for expect us to do is to find ways Delaware points out, the law does not Mr. COONS. Madam President, I to move forward together, to find ways allow for that. It is time to fix that. So thank the Senator from Alaska. I am to nail down and address inequities in

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3016 CONGRESSIONAL RECORD — SENATE April 25, 2013 the law, and this is one we can fix with There is a great bill coming out of the Parity Act moves us closer to that goal a simple, straightforward bill. Energy and Natural Resources Com- and that day. I am so grateful for the cosponsor- mittee. I cannot wait until we get it to I thank Senator MURKOWSKI for her ship of the Senator from Alaska and the floor. Hydropower holds enormous leadership and for being here with me her leadership, and I agree with her potential for our Nation. When we talk today, and I thank Senator MORAN and that we are seeing growing momentum about kind of the backbone of the Senator STABENOW, our original Senate behind this free market approach. Does American energy system, fossil fuels cosponsors, and our House counter- the Senator from Alaska wish to add are kind of it right now, but then hy- parts. By leveling the playing field for anything else as we advocate for this dropower is by far the backbone of the fair competition, this market-driven bill? renewable energy sector. About 60 per- solution can provide vital support to Ms. MURKOWSKI. I thank the Sen- cent of our renewable energy comes the kind of comprehensive, ‘‘all of the ator from Delaware for his leadership from hydropower. above’’ energy strategy we all need to as well as for the opportunity to speak So what we are doing is opening this power our country for generations to to this issue on the floor today. As we MLP structure to our renewable re- come. talk about the momentum, I think we sources. But it goes beyond. It is kind The PRESIDING OFFICER. The Sen- recognize that oftentimes there will be of like the Ginsu knife: there is more. ator from New Hampshire. good ideas that are discussed and de- It includes the marine hydrokinetics, Mrs. SHAHEEN. Madam President, I bated but often don’t get that full body the biorefineries, alternative fuels, bio- came to the floor this evening to ad- support that allows a good thought to mass, energy efficient buildings, which dress what is known as the Market- materialize into policy. I want to let I have spoken to, storage, solar, wind, place Fairness Act, but before I do the Senator from Delaware know how and more. that, I wish to applaud Senator COONS committed I am to advancing this good Again, there is no guarantee that we for his work on the master limited policy. are going to see billions of dollars of partnerships legislation. I think it is a The Senator mentioned the reference private capital that is going to flood great bipartisan approach to one of our to financial innovation, and I think, immediately into these sectors. We energy needs. I also applaud Senator perhaps, in view of what we have seen cannot guarantee the outcomes. But MURKOWSKI for her leadership on the in past years with a little bit of chaos we are trying to ensure equal oppor- Energy Committee and for her willing- on Wall Street and in our banks with tunity across an enormous scope of en- ness to work in a bipartisan way to try derivatives, et cetera, that some people ergy sources. to move an energy agenda from which might be concerned about this new fi- I again thank the Senator for his this country can benefit. I thank both nancial innovation. We are not recre- leadership on this issue, his stick-to- Senators very much for their efforts, ating the wheel. This has been, as the itiveness. I do think that as we move and I look forward to working with Senator from Delaware points out, a fi- the issues of tax reform forward, as we both of them on the Shaheen-Portman nancing mechanism that has been move more energy matters through the energy efficiency legislation, which I available to a certain sector of the en- bodies of the Congress, folks will look know that committee heard this week. ergy industry for a considerable period at this as a sensible and rational way I really appreciate the efforts to move of time. And it has benefited them. to approach how we build out an en- that forward as well. So I thank both This is not financial innovation in ergy sector in this country of which we Senators very much. that we are building something out of can all be proud. I thank the Senator f whole cloth and hoping it works. We for his leadership, and I am so pleased know it works. What we are trying do to be part of the effort. MARKETPLACE FAIRNESS ACT with this is contained in the title. This Mr. COONS. I thank Senator MUR- Mrs. SHAHEEN. Madam President, I is bringing about parity, allowing for KOWSKI. really came down to the floor today to an extension of a good financing mech- If we are going to lead on energy or continue my opposition to the Internet anism that will benefit our energy sec- in anything, we have to listen to each sales tax legislation that is before us. tor throughout the country. other and we have to work together. I The proponents of this legislation Again, I do not mean to repeat my- have been so grateful for the way Sen- claim it is about ‘‘fairness,’’ but when self, but when we talk about an ‘‘all of ator MURKOWSKI and Senator WYDEN you really think about it, this bill is the above’’ energy policy, I think we have worked closely together and anything but fair. In fact, it creates an need to appreciate that there are some moved the Energy and Natural Re- unfair situation for small businesses in things we do from a policy perspective sources Committee forward. a number of ways. that hinder us from achieving that ‘‘all As the Senator referenced, we had a First, the legislation is particularly of the above.’’ When we put in regu- great hearing earlier this week on the unfair for businesses in my State of latory hurdles or when we put in place Shaheen-Portman bill—the energy effi- New Hampshire and in the other four limitations that would limit our abil- ciency bill on which Senator SHAHEEN States in this country that do not col- ity to move that ‘‘all of the above,’’ of New Hampshire has worked so well lect a sales tax. then we need to look critically at that, with Senator PORTMAN of Ohio—and I filed amendments, as I know a num- we need to look at how we could ad- also some bipartisan bills on hydro- ber of my colleagues have—my col- dress this. So I think the effort, again, power. league from New Hampshire, Senator to allow for real fairness, equal oppor- It is my real hope that this strong bi- AYOTTE, has filed a number of amend- tunity, is critical to us. partisan bill—opening up master lim- ments—that I hope can help address I want to wrap up my remarks by ited partnerships to energy efficiency, this issue. But I think it is important saying that I think it is important that to hydropower, and to a dozen other for everyone here, especially those who what we are doing is allowing for this clean and renewable sources of en- are concerned with creating new red- level playing field within the energy ergy—this sort of simple, straight- tape, to understand how this legisla- sector. So we are not talking about forward, commonsense, bipartisan bill tion is going to affect small businesses. stripping oil and gas pipelines of their that creates opportunity, will allow This proposal is going to put new reg- eligibility for the MLP status and re- the private sector to then marry up ulatory burdens on small companies placing it with renewables. This is not with the innovations of researchers and across the country, not just in New a swapping-out deal. I would not sup- help with the deployment of new en- Hampshire. As a result, it is going to port that if that were the case. I would ergy sources. put those small businesses at a dis- also not support it if it extended a false At the end of the day, we in Con- advantage, making it harder for them sense of parity by making, let’s just gress—the Federal Government—have to compete with large online retailers. say, only wind available for MLP sta- to set a realistic policy pathway for- As a former small business owner tus or only solar. But, as the Senator ward to sustain innovations in the en- myself, I understand how time-con- has noted, this bill includes it all. ergy market and then let the financial suming regulations and compliance re- We just had a hearing in the Energy markets work to their fullest poten- quirements can be. Make no mistake, Committee this week on hydropower. tial. The Master Limited Partnerships the bureaucratic nightmare we are

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3017 going to be creating for small busi- new businesses that are going to be shire to tell States such as Alaska re- nesses under this legislation is real. I created are going to be created by gardless of what your State chose to think it is worth talking for a minute small business. We should really think do, those who are engaged in online about what that process is going to twice before we pass this kind of legis- sales and activity are going to be look like for the small online retailers. lation that will keep them from grow- scooped into the requirement of what- In a recent piece for the Daily Beast, ing and that is really designed to help ever State in which the individual pur- writer Megan McArdle went through those big businesses. chasing your product lives. what the process would be like for a I support a number of amendments to To me, that is absolutely not fairness small business. She pointed to the SBA this bill. I would like to see them at within the marketplace. I think the guidebook for small businesses when least voted on. I hope some might be people in Alaska, when they think they collect sales taxes in multiple adopted because I think they would about their marketplace, are looking States. The guidebook tells small busi- make the legislation fairer for small at where they are and assuming their nesses: businesses. One of those is a bipartisan State’s laws are going to be what they Generally, states require businesses to pay amendment we have worked on with are dealing with. I thank the Senator the sales taxes they collect quarterly or Senator TOOMEY to raise the threshold for her comments, and in laying out monthly. You’ll have to use a special tax re- for small businesses under the legisla- very well how this measure impacts turn for sales taxes, and report all sales, [all] tion. I have also filed an amendment to these few States. taxable sales, [all] exempt sales and amount address a fundamental flaw in the leg- Maybe that is our problem. Maybe we of tax due. Not paying on time can result in do not have enough of us in terms of penalties. As always, check with your state islation that I think must be addressed or local government about the process in because this legislation is anything but those States that have opted to not your location. fair to States such as New Hampshire, move forward with a sales tax. We are McArdle points out that, despite States such as Alaska, Montana, the at a point in the evening where we had claims from the proponents of the Mar- other States in this country that do a vote to move on. We are told we are ketplace Fairness Act that tax collec- not collect a sales tax. going to be taking up this measure tion will be easy and streamlined, the This is a proposal that fundamen- when the Senate returns in about a bottom line for a small business is that tally violates State sovereignty. It en- week. It is my understanding at this ‘‘you’ve still got to keep fifty states ables one State to impose the enforce- point in time there will be no amend- worth of records and file 40-odd states ment of its laws on the 49 other States ments allowed despite the efforts of worth of returns.’’ and territories without their approval, many of my colleagues to help address, McArdle went on to say: and it provides zero benefit for the non- to help bring about some fairness to For Amazon—the actual target of these sales tax States while it creates an ad- this legislative measure. We will not be laws—this is trivial. Their staff of crack ac- ditional and unnecessary burden on our allowed to do that. It is a real chal- countants can probably roll these things out small businesses. That is why I filed an lenge today as we discuss this, recog- before their Monday morning coffee break. amendment to create an exemption for nizing that these few States might be For a small vendor, however, that’s a whole businesses in States such as New impacted disproportionately in a way lot of paperwork. Hampshire. States will be able to force that I think does not demonstrate any And that is what this legislation is New Hampshire companies to collect level of fairness. really about—those small business sales taxes—especially when our States Mrs. SHAHEEN. Will the Senator owners who are working hard to grow get no benefit whatsoever—and this yield for a question? their companies. They do not need an amendment is designed to prevent Ms. MURKOWSKI. Certainly. additional paperwork burden to dis- that. The PRESIDING OFFICER. The Sen- tract them from running their compa- I am disappointed this evening that ator from New Hampshire. nies. it does not look as though we are going Mrs. SHAHEEN. My friend from Let me provide one example. There is to be allowed to vote on any of these Alaska and I, as she pointed out, rep- a small company in the town of Epsom, amendments, although I am still hope- resent States neither of which has a NH. It is called Michele’s Sweet ful that we might get a hearing. sales tax. Would the Senator agree Shoppe. Michele’s sells popcorn and I urge my colleagues, again, to think with me that if this passes it sets a other gourmet treats both at their twice about this legislation. I urge dangerous precedent that says at any brick-and-mortar store in Epsom and them to look at the amendments when point this Congress could impose on online. This is a small business that is they are filed—if we are able to get an States such as ours, despite what we growing, and it wants to create jobs. amendment process—and to think have chosen to do in our home States, They sell locally in New Hampshire at about supporting those amendments so a tax we may totally disagree with, their brick-and-mortar store, but a big the legislation really could live up to and that that is a very dangerous part of their future strategy for growth its billing as the Marketplace Fairness precedent for us to set? is taking advantage of new markets Act because right now it certainly does Ms. MURKOWSKI. I would absolutely through the Internet. not meet that standard for the State of agree. As the Senator points out, it is Under this legislation, however, New Hampshire and our small busi- Alaska, Oregon, Montana, Delaware, there is an arbitrary ceiling on this nesses. and New Hampshire that are in this company’s growth because as they get Thank you very much, Madam Presi- situation. Basically, if this legislation closer to $1 million in online revenue— dent. were to pass, the message to those as they have said to me—they are I yield the floor. within these States is it does not make going to have to ask themselves, is it The PRESIDING OFFICER. The Sen- any difference what your State laws worth going through the bureaucratic ator from Alaska. are with regard to a State sales tax. It nightmare of complying with 46 dif- Ms. MURKOWSKI. Madam President, does not make any difference, because ferent States’ sales taxes? Unfortu- I appreciate being here in the Chamber we have made this directive back here nately, for them and for too many to hear the comments from my friend that there is going to be uniform appli- other businesses, the answer is more the Senator from New Hampshire. As cation. I have a tough time with that. than likely to be no. she has noted, there is a small handful I think our States may be somewhat For Amazon and online retailers, this of States that for a host of different similarly situated in the sense that is not even a question. This is exactly reasons have chosen not to impose a there is a real sense of States rights, the reason why this bill is good for big sales tax on their residents. As she has State sovereignty. I believe your motto businesses and bad for small busi- very well stated, this so-called Market- is ‘‘Live Free or Die.’’ We feel pretty nesses. It makes it harder for small place Fairness Act is not fair. It is not independent up North as well. I do feel mom-and-pop stores to compete. fair to those States that have put in this is a hard push against States’ Small businesses—certainly in New place other mechanisms. Yet what we rights and their ability to impose local Hampshire and in most of the coun- are doing through this legislation that taxes within their State boundaries. try—are really the economic engine of we have pending on the floor right now I am very concerned about the direc- our economy. Two out of three of the is to tell States such as New Hamp- tion we have taken. I note again, for

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3018 CONGRESSIONAL RECORD — SENATE April 25, 2013 the States without sales tax and use State an on-line retailer is located. As a it was important to express the con- taxes like these five States my col- small business owner, this legislation will af- cerns of many of the individuals I rep- leagues and I have been talking about, fect me, because I often have clients that resent in the State of Alaska. and that are not members of the start our transaction out of State, and we do I yield the floor and I suggest the ab- not have the staff to handle collecting taxes sence of a quorum. Streamlined Sales and Use Tax Agree- for 50 States. ment, this legislation creates an inher- The PRESIDING OFFICER. The Then, finally, a constituent from ent unfairness. clerk will call the roll. Again, I do think it is somewhat Eagle River writes: The legislative clerk proceeded to ironic that the bill’s sponsors chose to As a former small business owner, I am call the roll. call it the Marketplace Fairness Act. very aware of the constant and increasing Mr. RUBIO. Madam President, I ask burden that government subjects our busi- unanimous consent that the order for We have noted here on the floor what nesses to. Requiring on-line businesses to the requirements under this legislation the quorum call be rescinded. collect local sales taxes would be a horren- The PRESIDING OFFICER. Without would mean. Senator SHAHEEN from dous administrative burden that would un- objection, it is so ordered. New Hampshire has indicated exactly doubtedly cause many businesses to fail. Mr. RUBIO. Madam President, are we what it means to a small business. A Governments at all levels should be trying to encourage businesses to succeed, rather than in morning business? remote seller in Alaska who makes an The PRESIDING OFFICER. We are. online sale to someone in Vermont who trying to squeeze every last dollar of revenue is a member of the Streamlined Sales out of the businesses and their customers. f and Use Tax Agreement will have to These are three examples of some of IMMIGRATION comply, collect, and file a return in the the correspondence I have received Mr. RUBIO. Madam President, I State of Vermont. The seller otherwise from folks who are worried about the wanted to speak for a few minutes here has zero connection to Vermont. burden it is going to inflict on our on the floor as we finish the business of So it does beg the question, is this small business owners. Of course, we this work period and we return to our fair? I would contend not. Does it hear this from all of the other States, home States for about a week. We will present a burden on interstate com- certainly heard it just now from the be back here on May 6. At that time, I merce? Absolutely. The drafters of this Senator from New Hampshire. will continue this important conversa- bill will argue it creates no new taxes, The communities I mentioned we tion we are having on a number of but I would also respectfully disagree. have been hearing from are all on the issues. But one of them is this issue of This bill essentially forces States such road system, as we call it in Alaska, immigration, which was recently back as ours to adopt its requirements to en- are bigger communities. But in many in the news as a result of some efforts sure parity. Currently no State can im- of our rural communities, for those we have had here. pose its local sales tax on another, that are offroad, where economies are Let’s begin by describing the reality short of meeting constitutional nexus very limited, there is no major busi- the United States faces today. First requirements. So we have made clear ness, there are no big stores. We have and foremost, this is a country that that you cannot do that. been encouraging folks in our villages does not need to be convinced of the This legislation again scoops in ev- to use the Internet to bring the world benefits of legal immigration, because erybody. States that wish to enter into marketplace to your door, and to sell virtually every single one of us, includ- agreements with other States for this their products on line, and to sell— ing those watching here now, the peo- purpose are able to do so. Let those in- whether it is arts and crafts or what- ple who work in this building and dividual States decide whether they ever it may be. So we are encouraging across this country, are all but a gen- want to participate in the Streamlined them to do this. eration or two removed from someone Use and Tax Agreement but do not Now the concern we are hearing is, I who came here from somewhere else. mandate it. That is what this measure do not want to be the one who is the So we do not need to be convinced of would do. Only 24 States could agree to tax collector for California taxes. I am the virtues of immigration, because we do this. trying to get myself up and going and have lived them. We see them every You have to ask, is 24 States a man- make a business, make an economy in single day. In fact, we read about them date for Congress? I do not think so. a very small area. as well in terms of great innovations Again, it begs the question, is this fair? I know there is a carveout or an ex- that have changed the American econ- Absolutely not. This law presents a emption for the smaller businesses. I omy and made this country different backdoor mandate to States such as think that is critical. That is impor- from any in the history of the world. Alaska, such as New Hampshire, to ef- tant. That is going to help the very There may be some debate, but not fectively adopt a sales tax. I think Con- small mom-and-pop operators. But I much, about the value, the importance gress has to respect a State’s right to think we recognize it will have a bur- of legal immigration to the United determine how to implement and how den on our small businesses, not only States. The problem we face is we have to enforce its tax laws and not impose in Alaska but around the country. a legal immigration system right now how it must do so. The ability of a small business owner that is broken. It has not worked well The Senator has mentioned the bur- to comply with the reporting require- in a very long time. Efforts to reform den on small business owners, and the ments that will be required by this bill, it over the last 20 to 30 years have Senator spoke to an article that de- which would include the 50 States plus failed. tailed some of the concerns. This is an the District of Columbia and the U.S. Let me describe what is wrong with issue that has generated considerable territories, I think deters new startups. our immigration process. No. 1, it is interest in my State. I have had over I think it acts as a hurdle, if you will. bureaucratic and complicated. It is 600 constituents who have written to I do not think our businesses need that, very difficult to navigate the legal imme in opposition to this bill. particularly now. We already have reg- migration process, the result of long Here are a couple of the examples of ulatory burdens that our small busi- backlogs and a bureaucracy that has to the mail I am getting. I have a con- nesses are concerned and worried be dealt with. stituent in Fairbanks, AK, who says: about. I do not think we need to im- You have to lawyer up just to legally I am a small business woman selling books pose that on these States that have, come here. That comes with its own set off of my Web site. I do not want to be a tax again, made that determination that of problems. collector for other States. I especially do not they would not apply a sales tax within The second problem is the illegal im- want my customers running off to other non- their State boundaries. migration system, quite frankly, isn’t tax parts of the world. So for these reasons, as well as so based on the 21st century. It is actually I have got another constituent who many of the reasons that have been based on the middle part of the last owns a business in Anchorage who outlined by others on this floor earlier, century and a very different economic writes: I cannot support this measure. We will time in our world and certainly in our I do not support a measure that would see whether we have got the oppor- country. allow individual States to collect sales taxes tunity to have any amendments in the That is why you are not going to get on any on-line purchases regardless of which week following our recess. Again, I feel a lot of debate from people when you

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3019 say we need to have a legal immigra- very difficult, unless we are able not Based on those principles, I entered tion system that reflects the modern just to convince people but to show into negotiations with seven other Sen- era, that reflects our global economy, people that the measures we are pur- ators to work on a bill that begins as a that reflects our knowledge-based suing in immigration reform are ef- starting point of this debate. I have economy. We need a legal immigration forts that once and for all will begin to heard criticism about that process. system that is good for America’s econ- deal with this problem effectively. People say, well, it is a secret process; omy. That means a lot of different The third problem we have is this re- it is behind doors. things. ality that we have millions of human Let me clue everybody in on some- For agriculture, it means the ability beings living in this country illegally. thing. Every bill around here is drafted to find workers when they need them, Some came legally and overstayed the at the beginning in someone’s office. and that is usually most of the time— visa. They came and they were sup- Most people here, when they draft a foreign workers who come as guests posed to be here for 90 days and they bill or an amendment to bring to the and work on a temporary basis or even stayed. Others crossed the border ille- floor, they don’t do it in some audito- on a year-round basis but a way to ac- gally. rium. They are working on it in their cess those workers in a legal way. It The point is, by the way, of the peo- office with their staff. That is just the also means to continue the flow of ple who overstayed, that is about 40 starting point. That bill has to be filed. legal immigrants to the United States percent. In my home State of Florida it We are not voting upon a sheet of through a safe but reliable and non- is much larger. The point is we have paper. We are voting on a bill that peo- bureaucratic process that is cost-effec- millions of people living in this coun- ple read and analyze. tive and encourages people to come try right now who are illegally here, That is what this bill is. It is a start- here legally. It also means, by the way, people who do not have a right to be ing point. It is eight Senators, four that in some industries and some sec- here legally. No one has the right to Democrats and four Republicans, who tors from time to time you will need violate the immigration laws of the spent 2 to 3 months working on a bill that we present to our colleagues and guest workers, people who are not United States. say this is what we were able to come going to stay permanently but people On the other hand, the decisions that up with. Now it is your turn to make it who fill in the gaps, particularly in created that problem were made in 1985 and in 1986, when I remind people that better. times of very low unemployment when I was in ninth grade. As a policymaker, We actually have a process to do you cannot find a domestic worker to what I now confront is this reality that that, and here is how this process do that work. You need a legal way to we have 9, 10, 11 million human beings works. I don’t mean to be patronizing, be able to do all these things. but it is important to remind people of Perhaps the most important initia- living in the United States in violation of our immigration laws. To add to that process. tive we need is a legal immigration Here is how that process works. You system that is based on merit and on that, most of these people have been here more than a decade. They have file a bill. Committees hold hearings on skill. Right now the legal immigration children who are U.S. citizens. They that bill. Then they do what they call system is based on whether you know may even own property. They work, markup. Basically, what it means, for someone who lives here. If you know they are here, and they are never going those watching at home, is a bunch of someone who lives here as a family to go back. We have to deal with that Senators sit around and they literally member, they can bring you with fundamental reality as well. vote on changing the bill. People offer them. It is this term you hear a lot With all that in mind, this is how I ideas about how to make it better and about: ‘‘chain migration.’’ There is decided to get involved in this immi- how to change it. That is an important nothing inherently wrong with that. gration reform debate. Let me explain. process. That has to happen, and it has The problem is today our economy has There is very little political benefit to to happen with this bill. Two weeks changed, and our immigration system this issue, believe me. from today they will begin that proc- has to change with it. No. 1, I would rather be on the floor ess. I think there is a growing consensus debating issues such as taxes, debt, and I have heard my colleagues come to around the country that we need a the impediment they place on our the floor some and express concerns legal immigration system that is no economy and its growth. I hope we can about different provisions in the bill. I longer solely based on whether you get to those issues. This is also an im- don’t have time to rebut every point know a family member who lives here portant issue, and it was an issue that but, frankly, they raise some very but, rather, having one that is built on was going to come up. valid points too. Suffice it to say, some whether you are going to bring a spe- I remind Members of my party we are of the concerns they have are not valid, cial skill, talent or fill a certain void not the majority here. I wish we were, and I think we can address that with that exists in our economy today. and we will continue to make that hap- them. Others are just disagreements, The second problem with our legal pen. But we are not the majority, and and they need to be worked out immigration system is that our laws this issue is going to come up on the through the legislative process. are not being enforced. I can tell you floor of the Senate with or without us. Here is my encouragement to my col- that in the last 9 or 10 days since we in- It is a legitimate problem the coun- leagues who don’t agree with the bill troduced a bipartisan bill that we are try faces. Therefore, I decided it was we have crafted. Change it. Let’s work working on as a starting point for this best for us to be engaged and try to on changing it. If you believe that debate, if there is one thing that has come up with something that works. what we have today is broken, if you become abundantly clear, it is the That is why I endeavored to get in- believe the status quo on immigration complete lack of trust people have in volved in this issue, and that is why I is chaos and a disaster, if that is what the Federal Government and its ability continue to be involved. you believe, as I do, then let’s solve it. or willingness to enforce our laws. As a result, I have laid out some The way we solve it is by working to- I want you to know that of all the pretty clear principles about what I gether. In essence, don’t just be against impediments that stand in the way of think immigration reform should look it. Offer ideas to change it. immigration reform, none looms larger like. It should modernize our system. For example, if you don’t think the than that lack of trust in the Federal It should create real systems for en- border security provisions of the bill Government. I would say that lack of forcement so we never have this prob- we have drafted are strong enough or trust in the Federal Government is per- lem again. It deals with the people who enforceable enough, offer some ideas to vasive across every policy, but it is es- are here illegally in a way that is com- change them. Right now I stand on the pecially pronounced on the issue of passionate and humane, true to our floor of the Senate and I ask any of my legal immigration. heritage as a compassionate people but colleagues who have a bill to guarantee Too many people simply do not be- also in a way that ensures it is not fair border security to please bring it to my lieve the Federal Government is en- to the people who did it right and office. Please offer it as an amendment. forcing the law or is willing to enforce doesn’t encourage people to do this I continue to extend that offer. I am the law. As a result, it is going to wrong in the future. Those are my looking for ideas to improve what we make efforts for immigration reform principles. have drafted.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3020 CONGRESSIONAL RECORD — SENATE April 25, 2013 Quite frankly, I think we can get it do television interviews, our job is not CLOTURE MOTION to be even better. I think those of us just to poke holes, our job is to plug Mr. REID. Madam President, I send a who worked on it would agree. If people holes too. Our job is not just to criti- cloture motion to the desk. disagree with the way we modernized cize but to make better. What we have The PRESIDING OFFICER. The clo- the legal immigration system—let’s now doesn’t work. It is not good for our ture motion having been presented say they think we don’t bring enough country. We can’t leave it this way. under rule XXII, the Chair directs the high-tech workers or enough farm- We have a chance now to truly im- clerk to read the motion. workers—change it. File an amend- prove it. This is not an effort to force The assistant legislative clerk read ment to change it. anything down anyone’s throat. This as follows: Here is what I would say. Unless you bill we have worked on is a starting CLOTURE MOTION actually believe we don’t need to do point. It is not a take-it-or-leave-it We, the undersigned Senators, in accord- anything—and listen, if you believe ance with the provisions of rule XXII of the proposition. It never has been. To pre- Standing Rules of the Senate, hereby move that is valid, that is fine—if you be- tend it is isn’t fair. To pretend that to bring to a close debate on the motion to lieve that what we have is OK, if you somehow something is being crafted proceed to Calendar No. 44, S. 601, a bill to believe we don’t need to do anything that is being forced down someone’s provide for the conservation and develop- about immigration, just leave it the throat with no options to amend it or ment of water and related resources, to au- way it is, then that is fine. I respect make it better, that is not true. You thorize the Secretary of the Army to con- that view. I disagree with it, but I re- know that. struct various projects for improvements to spect it. rivers and harbors of the Unites States, and I have talked to almost all of my col- for other purposes. If what you think that what we have leagues here and extended an open Harry Reid, Barbara Boxer, Thomas R. is a disaster—and I think that is most hand and said let’s work together to Carper, Tom Harkin, John D. Rocke- of us—then let’s work on it together to make this better. I truly think we have feller IV, Patrick J. Leahy, Debbie Sta- change it. In essence, don’t view the to. benow, Christopher A. Coons, Charles bill we drafted as something that is Is this the most important issue E. Schumer, Bill Nelson, Benjamin L. being shoved down your throat, be- America faces? No. We owe $17 trillion, Cardin, Jon Tester, Mary L. Landrieu, cause it is not. View it as a starting and we have no idea how we are going Mark Begich, Joe Manchin III, Richard J. Durbin, Mark L. Pryor. point product upon which we can build to pay it back. We have an economy something that I hope most of us can that is not growing, and we need to do Mr. REID. I ask unanimous consent that the mandatory quorum required support. something about it. This is an impor- under rule XXII be waived, and that If you are opposed to this bill or ele- tant issue and, by the way, it is related the cloture vote occur on Monday, May ments of it, try to change it. Try to to that issue. There actually is a grow- 6, following the disposition of the Mar- improve it. That is why we have some- ing consensus that we have a chance to ketplace Fairness Act. thing called the amendment process. do something about it once and for all. By the way, that is just in the Judici- The PRESIDING OFFICER. Without Let’s work together. Let’s work to- objection, it is so ordered. ary Committee. Beyond that, it has to gether to come up with a solution that come to the floor of the Senate, where modernizes our legal immigration sys- f I expect there to be open debate, where tem so it is good for our economy, that OBSERVING WORLD IP DAY I expect there to be an open amend- once and for all forces the administra- Mr. LEAHY. Madam President, this ment process. If it passes here, then it tion, this one and a future one, to en- Friday, April 26, is ‘‘World IP Day,’’ has to go to the House and we have to force our immigration laws. Once and when countries around the world cele- work with them to get a product we all for all this will deal with the 11 million brate the role of intellectual property agree on. people who are here illegally in a way in encouraging innovation and cre- Here is my point. If you are going to that is fair and compassionate but also ativity. It is an opportunity for us to be against anything no matter what we fair to the people who did it right and acknowledge the authors, artists, and file or, no matter what, you just don’t also in a way to ensure this never, ever musicians who enrich our lives; the in- want to do immigration reform, then happens again. ventors whose work is transforming that is fine. If you believe, as I do, that I hope when we come back in a few our digital economy; and creators our legal immigration system is bro- days we will begin to work on that to- around the world. ken and needs to be modernized, then gether for the good of our country and Whether you are an inventor, a cre- let’s work to change it. If you believe the future of our great Nation. ative artist, or a small business owner we need to be realistic about the fact I suggest the absence of a quorum. protecting your brand, you deserve the that we have 11 million human beings The PRESIDING OFFICER. The benefit of your work. By protecting in this country who are going to be clerk will call the roll. those works, we incentivize future de- here for the rest of their lives, whether The legislative clerk proceed to call velopments that benefit us all. As law- we deal with them or not, and that it is the roll. makers, our goal must be to provide not good for America to have that Mr. REID. Madam President, I ask strong and effective protections for many people here whom we don’t unanimous consent that the order for creators, while ensuring that their cre- know, have no idea who they are, the quorum call be rescinded. ations can be appreciated, used, and en- where they are, and many of them are The PRESIDING OFFICER. Without joyed. This policy is central to the not paying taxes, then let’s work to- objection, it is so ordered. American economy, where 35 percent of gether to find a way to deal with it. our GDP is generated by IP-related in- f If you believe our laws are not being dustries. A vibrant intellectual prop- enforced and we need to pass laws that WATER RESOURCES DEVELOP- erty system fosters growth not only in force the administration—this one and MENT ACT OF 2013—MOTION TO our country, but also around the world. a future one—to enforce our law, let’s PROCEED Earlier this month, I introduced leg- change it. Let’s work on something Mr. REID. Mr. President, I move to islation that would strengthen an inno- that comes up with that. proceed to Calendar No. 44, S. 601. vation program created by the Patent I am all ears. I am open-minded and Trademark Office, the Patents for The PRESIDING OFFICER. The about that and so are my colleagues. Humanity Program. The Patents for clerk will report the bill by title. Let’s not leave it the way it is. The Humanity Program rewards a select The assistant legislative clerk read way it is is chaos. It is bad for our number of exceptional innovators who as follows: country. What we have today is not apply their intellectual property to ad- good for the United States. Our job as Motion to proceed to the bill (S. 601) to dress global humanitarian needs. At policymakers is not just to come and provide for the conservation and development of water and related resources, to au- the first Patents for Humanity Awards criticize, our job is to come and to thorize the Secretary of the Army to con- ceremony 2 weeks ago, I was proud to make a difference. Our job is not just struct various projects for improvements to honor inventors who had worked to im- to come to the floor and make speeches rivers and harbors of the United States, and prove the diagnosis of devastating dis- or go back home and give speeches or for other purposes. eases, supply access to clean water, and

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3021 combat the spread of dangerous coun- problem of so-called ‘‘patent trolls’’ second the types of patents that are al- terfeit drugs. Our patent system pro- has continued to grow exponentially. lowed to be considered under it are lim- tects that life-changing work and, in In fact, patent trolls cost operating ited. For this reason, I will be intro- the case of the Patents for Humanity companies $29 billion in 2011 alone. ducing a bill when we return from re- Program, helps promote its use for the Many of these suits are the result of cess to improve Section 18 by removing global good. poor-quality patents being asserted by its temporary status and making more As we find ways to incentivize and highly litigious parties against ordi- ‘‘likely invalid’’ business-method pat- promote widespread innovation, we nary businesses, large and small, who ents eligible for review. I look forward must uphold the vital protections that are left with only unacceptable op- to working with Chairman LEAHY and allow innovators to grow and thrive. tions: pay a costly licensing fee, settle my colleagues on the Judiciary Com- We must work to deter and prevent the a court case to avoid litigation costs, mittee on legislation to improve fur- theft of intellectual property, which or expend millions in litigation fees in ther the patent granting and patent hurts creators, costs jobs, and impedes hope of prevailing at the end of the day prosecution system. A great place to economic growth. In our inter- in court. start is to make sure the experts at the connected age, no country, or even This has been especially problematic PTO get a chance to review low-quality group of countries, can address that in the universe of technology patents against relevant prior art so problem alone. More than ever, we need startups—a booming industry in New that they cannot be used as a weapon to work together to recognize the value York in particular. These small busi- against legitimate business. of intellectual property so that inven- nesses have everything going for f tors and creators around the world may them—good ideas, smart employees, receive the benefit of their work and and loyal customers. But they risk RECOGNIZING THE 30TH ANNIVER- continue to create it. being entirely undercut by a clever SARY OF THE MAUREEN AND We must also come together to patent troll who takes advantage of MIKE MANSFIELD FOUNDATION streamline processes that will help them in court. In fact, I have heard Mr. BAUCUS. Mr. President, Senator innovators to fuel growth in the future. from businesses that actually had to TESTER and I wish to recognize the 30th Eighteen months ago, Congress took an fold as a result of a single poor-quality anniversary of the Maureen and Mike important step with passage of the patent lawsuit. This is anathema not Mansfield Foundation. Leahy-Smith America Invents Act, only to a pro-growth business culture, Nearly 30 years ago Congress passed which modernized our patent system but also to the very principles of the legislation authorizing funds for a for the 21st century and helped har- intellectual property system. foundation honoring Mike Mansfield. monize our laws with systems around I believe we can address this problem, Mike was the pride of Montana, and the world. Last December, I was and I believe there is a clear and sim- represented the State in the U.S. Con- pleased to expand on those improve- ple way to do so; in fact, we have a gress from his election to the House of ments with passage of the Patent Law model in Section 18 of the AIA. Section Representatives in 1942 to his retire- Treaties Implementation Act, which 18, the Schumer-Kyl provision, estab- ment from the Senate in 1977. Mike will help American inventors by sim- lished a post grant review by the ex- Mansfield once said he reached the plifying and expediting the process for perts at the PTO of covered business height of his political aspirations when obtaining patent protections overseas. method patents—the very patents he was elected senator from Montana. There is more Congress can do to im- which have been wreaking havoc in the Montanans remember him fondly as a prove the patent system and address courts and in boardrooms across the national leader who put Montana first. the problem of patent trolling, by in- country. Section 18 allows a petitioner Mr. TESTER. Mr. President, respect creasing transparency and account- to request that the PTO review a cov- and admiration for Mike Mansfield ability. I intend to work in a bipartisan ered patent and if they find it more reached beyond his Montana roots to and bicameral manner on legislation likely than not to be invalid, to take a Washington, where he shaped the char- that will ensure the real party in inter- second look at it and return a decision acter of the modern Senate as the longest of a patent is disclosed, protect un- promptly. est-serving Senate Majority Leader. It knowing and innocent purchasers of al- During debate of Section 18, I took also reached across the Pacific, where legedly infringing products from un- the opportunity to make clear that he combined his voice of wisdom and warranted suits, and continue to im- District Courts should stay proceedings sense of moderation with his love of prove patent quality, and we will ex- in patent cases if the PTO is reviewing Asian culture and became the longest- plore other means to make trolling ac- the same patents because the PTO deserving U.S. ambassador to Japan. tivity unprofitable. cision regarding the patent’s standing Mr. BAUCUS. Mike Mansfield was en- Our intellectual property system sup- would prove dispositive in court and amored with the Far East when he ports the creative and inventive tal- obviate the need for further court pro- traveled there as a young United ents of our citizens and provides the ceedings. States Marine in the 1920s. This early vital fuel of our economy. I hope others I am pleased to note that district experience shaped his outlook on the will join me in celebrating World IP judges have been giving deference to Pacific Basin and the world. He went Day. the legislative history and that in at on to teach East Asian history at the f least 2 cases, have stayed their pro- University of Montana, and was a lead- ceedings pending a PTO decision. Sec- ing expert on Asia while in Congress. AMERICA INVENTS ACT tion 18 is not only providing patent He then continued his life of public Mr. SCHUMER. Mr. President, In holders and accused infringers with an service as U.S. Ambassador to Japan September of 2011 this body debated alternative to court, but judges are from 1977 to 1989. He and his wife and passed landmark patent legislation able to better manage their dockets Maureen shared a love for Asia and a which was subsequently signed by the through the use of this new post-grant commitment to building relationships President and is now law. proceeding. that would support strong U.S.-Asia re- The America Invents Act—AIA—up- In the approximately 6 months since lations. dated, for the first time in many years, the process authorized by Section 18 Mr. TESTER. The Mansfield Founda- the way patents are issued and pros- began, around 20 patents have been tion has been committed to carrying ecuted, and in some instances the challenged through it at the PTO. And out this mission since it was estab- means by which businesses defend those cases are being considered at the lished in 1983. For the past 30 years, the themselves against lawsuits filed by PTO in a more cost-effective way than Foundation has offered important op- the ever-growing cottage industry of litigation. portunities for U.S. and Asian leaders patent assertion entities. It is apparent that Section 18 is in government and business to ex- The AIA made many important im- working the way we intended; the only change views and build relationships provements to our patent law. But problem with it is that it is too limited that strengthen cooperation between more needs to be done. Even in just the in two respects: first, it was only au- our countries. These exchanges, policy short time since the bill passed, the thorized as a temporary program and dialogues, and research and education

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3022 CONGRESSIONAL RECORD — SENATE April 25, 2013 opportunities are the legacies of Mike to particularly thank Leader REID and Mrs. Carpenter raised a beautiful fam- Mansfield’s passion for broader cul- Leader MCCONNELL for opening up the ily and shared their love of music with tural understanding. Senate floor today for these wonderful students and the community. Mr. BAUCUS. For example, the Mike young people. Mr. Carpenter was the director of the Mansfield Fellowship Program, a cen- I ask unanimous consent that the Watertown Municipal Band for more terpiece of the Foundation’s work, has names of the young women and men be than 45 years, and was recognized for been building a corps of U.S. Federal printed in the RECORD. his musical achievements and out- Government employees with Japan ex- There being no objection, the mate- standing dedication to his students. In pertise since it was established by Con- rial was ordered to be printed in the 1975, he was elected Teacher of the gress in 1994. This program allows U.S. RECORD, as follows: Year. The same year he retired from officials to gain practical experience Donald Cravins III, from Opelousas, LA, teaching, 1987, the American Band- working in the Japanese government. son of Donald and Yvette Cravins; masters Association honored him and, More than 100 Fellows representing 23 Antonio Clayton Jr., from Oscar, LA, son in 1992, the South Dakota Bandmasters U.S. agencies and the U.S. Congress of Tony and Paula Clayton; Association inducted him into their have entered the Fellowship Program Giselle Mayorkas, from Washington DC, Hall of Fame. The Watertown commu- since its establishment. The Founda- daughter of Alejandro and Tanya Mayorkas; Kathleen Boulet, from Lafayette, LA, nity acknowledged his expertise by tion’s other programs include: daughter of David and Monique Boulet; granting him the privilege of serving as Exchanges that allow U.S. and Asian Gabriella Trentacoste, from Gretna, LA, the adjudicator for many parades, government officials, researchers and daughter of Gerard and Theresa Trentacoste; marching contests, and music competi- policy experts to explore best prac- Olivia Sensenbrenner, from New Orleans, tions. tices, expand their contacts, and gain LA, daughter of Paige Sensenbrenner and expertise and experience. The many ex- Madeline Landrieu; The countless contributions and self- changes organized by the Foundation Laura Lagomasino, from Fairfax, VA, less dedication of Mr. Carpenter will include Washington, D.C. visits for daughter of Whitney Reitz; not be forgotten. I extend my deepest members of Japan’s Diet, Korea’s Na- Louis Lagomasino, from Fairfax, VA, son condolences to the Carpenter family; of Whitney Reitz; his children Barry Carpenter, Kay tional Assembly, and the Chinese gov- Sarah Campbell, from Washington Grove, ernment. MD, daughter of Paul Campbell and Wendy Prchal, Lee Ann McCallum, and David Policy dialogues that facilitate sub- Harris; Carpenter; his nine grandchildren, two stantive discussions on complex U.S.- Karrington Knight, from New Orleans, LA, great grandchildren, two sisters, and Asian issues including international daughter of Brian and Lori Knight; many nieces and nephews. South Da- trade, national security, the rule of Lindsey Shankle, from New Orleans, LA, kota lost a truly talented and giving law, energy and environmental chal- daughter of Kim Harper; friend.∑ lenges. Isabella Hotard, from New Orleans, LA, daughter of Jim and Jane Hotard; Programs that identify and foster Niels Mitchell from Washington, DC, son of f new generations of American Asia ex- Luke and Kirsten Mitchell; perts with the goal of strengthening Madison Smith from New Orleans, daugh- RECOGNIZING MEADOW BRIDGE dialogue, research, and cooperation be- ter of Glen and Marilyn Smith; HIGH SCHOOL tween the United States and Asia into Macie Grubbs from Gretna, LA, daughter the future. of Kevin and Melissa Grubbs. ∑ Mr. MANCHIN. Madam President, Research and education initiatives, Please join me in welcoming my ex- today I wish to speak with great pride including support for the Maureen and ceptional guests, and their family about a high school in my home State Mike Mansfield Center at the Univer- members who have accompanied them, of West Virginia and the important sity of Montana. to the United States Senate. role it is playing in our American de- Mr. TESTER. Mike Mansfield served f mocracy—Meadow Bridge High School Montanans in Congress as a fair player in Fayette County. ADDITIONAL STATEMENTS who was focused on building consensus. For the 12th year in a row, 100 per- He recognized the importance of fos- cent of the senior class at Meadow tering relationships between the REMEMBERING DOUGLAS Bridge High School is registered to United States and our friends across CARPENTER vote. This is a truly incredible accom- the Pacific. For 30 years, his vision for ∑ Mr. JOHNSON of South Dakota. plishment, and I am unaware of any U.S.-Asia relations has continued school in our great State—or any through the work of the Mansfield Madam President, I rise to honor a man who dedicated his life to his fam- school anywhere in the country, for Foundation. We are pleased to recog- that matter—that has registered every nize the Foundation’s 30th anniversary ily and community, Douglas ‘‘Doug’’ Carpenter. On April 17, 2013, Mr. Car- student in their senior class every year and to commend the Foundation for its for the past 12 years. continued efforts to build bridges of penter passed away in his Watertown, understanding with the region that SD, home at the age of 87. Young voters eligible to vote today Mike and Maureen Mansfield long rec- Born in the small South Dakota town are 44 million strong—more than one- ognized as the place ‘‘where our future of Fedora, Mr. Carpenter was raised fifth of the country’s electorate—and lies.’’ with his nine brothers and sisters. they are changing the face of American democracy. f After graduating from Fedora High School, he enlisted with the U.S. Army They are engaged in their commu- TAKE OUR DAUGHTERS AND SONS and served as a bandsman for 2 years nities, they are passionate about TO WORK DAY during World War II. Mr. Carpenter’s issues, and they are politically aware. Ms. LANDRIEU. Madam President, musical aptitude was recognized on nu- In the most recent elections, they have today, young women and men from merous occasions. He served over 20 turned out in record numbers. Louisiana and the Washington, DC, years as first chair trombone and trom- area are my special guests for Take bone soloist with the South Dakota They may be the future of our coun- Our Daughters and Sons to Work Day. Army National Guard. try, but their voices—and their votes— We were joined by over 100 young Music became a focus of study for count NOW. women and men here at the Capitol Mr. Carpenter. He graduated from Da- This is just what West Virginia’s own today with their parents, grandparents, kota Wesleyan University in 1950 and, Jennings Randolph expected when he and guardians to participate in work in later, received his masters of music was working relentlessly in the Senate the Senate. from the University of South Dakota. to win passage of the 26th Amendment I want to acknowledge the Ms. Foun- After meeting his loving wife, Donna, to our Constitution—the Amendment dation that started the national Take he taught courses including band and that lowered the voting age in America Our Daughters and Sons to Work Day singing in Geddes, Tripp, and eventu- from 21 to 18. It became law in 1971, and program over 20 years ago. I would like ally Watertown. Together, Mr. and our country is all the better for it.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3023 Every vote counts. And every voter sion for the resort that was business as talents were quickly recognized, and has not only a right but also a respon- well as a labor of love. Mr. Mayer was soon recruited into the sibility to take an active role in our Restoring Sun Valley Resort to its Office of Strategic Services, OSS—a electoral process. glory days took great attention to de- predecessor to the CIA. Once in the I tell young people all the time that tail and substantial investment. He OSS, Mr. Mayer was presented with an you cannot just sit on the sidelines— built ski lodges with stunning views, unimaginably dangerous mission—to you have to get in the game and get ac- added high-speed quad lifts and state- be clandestinely sent back into Nazi tive, especially when it is the future of of-the-art snowmaking equipment. Earl territory to collect critical military in- America that is at stake. Democracy is worked to create a superb skiing expe- telligence from behind enemy lines. not a spectator sport. rience that brought Idahoans and out Mr. Mayer accepted his mission with When I served as Secretary of State of staters to its slopes to an extent full knowledge that as a Jewish-Amer- in West Virginia, from 2000 to 2004, one that wasn’t possible in the past. His ican spy, he would almost surely be of my top priorities was to educate our focus on excellence resulted in Sun killed if he was captured. Having es- young people about the electoral proc- Valley being regularly ranked as a top caped Nazi Germany only years earlier, ess and encourage them to get in- snow skiing destination. he also accepted this mission with a volved. That was the purpose of the His transformation of Sun Valley, unique appreciation for the injustices Sharing History and Reaching Every coupled with his involvement in the that were being done by Nazi forces Student Program, also known as the 2002 Winter Olympics and the hosting and with a deep sense of duty to help SHARES program. of the 2009 International Special Olym- his new home country—the United I am proud to say that before I left pics at the Sun Valley Nordic Center, States—put an end to those injustices. the office of Secretary of State, we had led to his induction into the U.S. Ski What happened next is perhaps best registered 42,000 high school students and Snowboard Hall of Fame in 2011. told in the words of Mr. Mayer’s com- to vote. And, of course, those efforts Earl renovated the Sun Valley Lodge manding officer in a May 31, 1945, writ- have continued for the past dozen years more than once and upgraded the re- ten assessment of Mr. Mayer’s perform- since the SHARES program began, but sort’s golf course. He made Sun Valley ance: nowhere more successfully than at into a year-round resort that allowed Technical Sergeant Mayer parachuted into Meadow Bridge High School. area businesses to expand and create enemy occupied territory and remained there for three months, gathering secret in- It would be remarkable enough if 100 new jobs. Local governments and resi- telligence and rallying Austrian resistance percent of any high school senior class dents have greatly appreciated his vi- elements. During this period Technical Ser- was registered to vote. But to accom- sion and long-term commitment to the geant Mayer exhibited not only the highest plish that 12 years in a row is truly ex- resort. degree of courage under constant risk of his traordinary—not just a testament to Sun Valley is a special place to my life, but remarkable qualities of leadership the dedication of the school’s staff but wife, Vicki, and me. Our whole family and organization which made it possible for also a reflection of the students’ com- has spent numerous nights in the Sun him to contact and win the support of anti- Nazi elements of all classes and walks of life, mitment to their community and civic Valley Lodge—a tradition we continue and eventually to arrange the surrender of responsibility. to this day. It was always a pleasure to Innsbruck to American troops. In fact, Principal Al Martine reports run into Earl and his wife, Carol and Ultimately, Mr. Mayer spent nearly 3 that the students themselves now take sit and talk in such a beautiful place. months living behind enemy lines, on the challenge of reaching the 100 They were very gracious and it was al- often wearing a German officer’s uni- percent registration mark. It’s a mat- ways an enjoyable time with them. form and using forged papers to move ter of pride and patriotism. We cannot forget in every step of the openly without capture. In that guise, The right to vote is so precious be- way, he had a wonderful partner in Mr. Mayer covertly organized a net- cause it is the right by which all our Carol. They were a great team and for work of anti-Nazi Austrians and clan- other rights are protected. So by get- every story of Earl waiting tables, destinely collected vital intelligence ting our young adults involved, we are there is a story of Carol cleaning that was then relayed by his radio op- preparing them to be active and pas- rooms. For 64 years, they were partners erator to OSS headquarters in Italy. sionate defenders of our rights as in every sense of the word. Our According to now unclassified docu- Americans. thoughts and prayers are with Carol ments, Mr. Mayer collected and re- This is not a Democrat or Republican and their three children during this layed information on a wide array of issue, but one that all Americans can time. critical subjects—important Nazi war and should embrace, the way the stu- Earl Holding was a devoted husband factories, schedules relating to the dents, faculty and staff at Meadow and father and an accomplished busi- movement of Nazi troops and material Bridge High School have done. And I nessman. He had integrity in his busi- to and from the battlefront, the status congratulate them on the example they ness dealings and was loyal to his em- of Nazi defenses at key tunnels, have set for high school seniors every- ployees. He valued his customers and bridges, and highway bottlenecks, and where.∑ he was generous in many ways. the whereabouts of Mussolini, f Idaho and America has had a great Daladier, and Hitler. man pass from our midst, but we are In one case, intelligence gathered by REMEMBERING ROBERT EARL all better off because of his presence.∑ HOLDING Mr. Mayer about the assembly and f schedules of 26 military trains that ∑ Mr. RISCH. Madam President, my TRIBUTE TO FREDRICK MAYER were being sent to the Italian front led colleague, Senator MIKE CRAPO joins to the trains’ destruction and blocked me today in recognizing the extraor- ∑ Mr. ROCKEFELLER. Madam Presi- the Brenner Pass completely until well dinary life of Robert Earl Holding. dent, I would like to speak today about after the war ended. Idaho has lost a great visionary with a remarkable constituent of mine, Mr. After months of successful oper- his recent passing. As an entrepreneur, Fredrick Mayer. His story is one of ations, Mr. Mayer was betrayed by one he saw potential in many businesses, truly incredible bravery, and Mr. of his contacts. He was then arrested including the Idaho resort Sun Valley. Mayer is one of the great unsung he- by the Gestapo and brutally tortured Earl Holding came from modest roes of World War II. His selfless patri- while in captivity. Nevertheless, means. It is well-documented how he otism and unique service to the United throughout the harsh interrogations, started his business empire with the States merit our recognition. Mr. Mayer refused to give up the loca- purchase of a motel called Little Amer- Born to a Jewish family in Germany, tion of his radio operator. ica in Green River, WY. He expanded Mr. Mayer was forced to flee the rise of As a prisoner, Mr. Mayer was able to the chain and added gas and oil busi- nazism in his home country, and as a use his language skills and quick nesses that operate in the western young man he immigrated to the thinking to convince his captors to United States. United States with his family. After grant him a meeting with senior Nazi Earl purchased the Sun Valley Re- the attack on Pearl Harbor, Mr. Mayer officers, and as American troops ap- sort in 1977 and he had a long-term vi- enlisted in the U.S. Army. There, his proached, he helped persuade the Nazi

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3024 CONGRESSIONAL RECORD — SENATE April 25, 2013 commanders to surrender Innsbruck— most animate his life. As a patron of 1988 and Fredericksburg Parks and likely preventing a final battle with the arts and as a political activist, he Recreation has sponsored the Fred- U.S. forces that would have resulted in wanted to share his advantages with ericksburg Big Band March concert at even greater casualties. others. And he had a great deal of fun the University of Mary Washington In the end, Mr. Mayer led what is along the way. He was a prominent since 1987 as a means for the band to now regarded as one of the most suc- supporter of George McGovern’s Presi- give back to the community. cessful OSS covert operations of World dential campaign in 1972 and, to his de- The Big Band consists of local busi- War II—Operation GREENUP. His light, earned a place on President Nix- ness and music professionals who do- bravery, remarkable in any context, is on’s enemies list. nate their time to the group’s mission, even more noteworthy given his will- Like his Uncle Duncan, the words including past directors Philip Heim, ingness to selflessly return to enemy ‘‘founded by’’ often precede his name. DuVal Hicks, Richard Phillips, Joseph territory, not far from the childhood Gifford founded Frontier magazine, a Ulman, and current director Stephen home he was forced to flee. He did this west coast political monthly, with edi- Sanford, who has been a member of the to help win the war, and he did this in tor Phil Kirby in 1949. He published it band since 1975. The current members service to the United States. until 1966, when it merged with the Na- of the band are: Stephen Sanford, di- Mr. Mayer is now 92 years old and tion magazine. He was the founding rector; Ron Pronk, Karen Blake, Jer- lives in Charles Town, WV. He is a very chairman of the Contemporary Art emy Cooper, Terry Rooker, and John humble man who does not brag about Council at the Los Angeles County Mu- Robie on saxophone; Paul Rawlins, Ste- his wartime accomplishments. Thank- seum of Art in 1961. phen Sanford, Earl Sam, and Jim fully, that deep humility does not In 1989, he and Joann began the Breakiron on trombone; Marc Weigel, mean that his amazing story has been Chamiza Foundation in Santa Fe to Kevin Shipe, James Canty, and Dave lost, and I am honored to recognize support Pueblo culture. The Chamiza Greenfield on trumpet; Kathryn Fred’s service here today.∑ Foundation was recognized by the New Hichborn on keyboard; Frankie Black- f Mexico Legislature in 2009 for its ef- burn on guitar; Michael Rinckey on forts to sustain the cultural continuity REMEMBERING GIFFORD PHILLIPS string bass; Dave Fosdick and Ray of New Mexico’s Pueblo tribes. Homoroc on drums; and Mary Jo ∑ Mr. UDALL of New Mexico. Madam Gifford Phillips will be remembered Prouty as vocalist. Current substitutes President, today I wish to remember for his generous spirit, for his passion include Luke Grey on string bass, Gary Gifford Phillips, who passed away on for the arts, for his commitment to so- Carper on trombone and Mike Sanders April 17 at the age of 94. Over the cial justice. Gifford found joy in art, in on trumpet. course of a long life, Gifford was a those lasting creations that inspire us, Despite the many changes in the truly great champion of the arts. He that move us, and that make us more Fredericksburg Big Band membership was also a friend to all who had the fully human. He wanted others to share over the past 47 years, their mission of good fortune to know him. My wife Jill that joy, and it is his great legacy that supporting charitable organizations and I count ourselves among that very people from all walks of life, for gen- and their dedication to keeping the fortunate number. erations to come, will do so. sound of the big band alive remains Gifford was born on June 30, 1918, in Jill and I were proud to call Gifford strong. I ask the U.S. Senate to join Chevy Chase, MD, into a prominent Phillips a friend. We extend to Joann me in congratulating the Fredericks- family. He began life with great advan- and the Phillips family our sincere burg Big Band on their civic-minded, tages, but also with a great loss. His fa- condolences.∑ philanthropic success and dedication to ther, James Phillips, died that same f the arts.∑ year from the influenza epidemic when Gifford was just 4 months old. RECOGNIZING THE f The Phillips family has long been a FREDERICKSBURG BIG BAND dedicated benefactor of the arts in our ∑ Mr. WARNER. Madam President, I TRIBUTE TO W. RUSSELL RAMSEY country. The Phillips Collection in am pleased to honor the Fredericks- ∑ Mr. WARNER. Madam President, I Washington, DC, was begun in 1921 by burg Big Band for their significant con- rise today to congratulate my friend Gifford’s uncle, Duncan Phillips. Dun- tribution to culture and charitable or- Russ Ramsey as he completes his suc- can founded the museum in memory of ganizations in central Virginia. cessful tenure as the chairman of the his brother, James, and their father, In March of 1966 the Fredericksburg Board of the George Washington Uni- who had died in 1917. Mourning these Big Band was formed when a group of versity. After 15 years on the board of profound losses, Duncan Phillips found musicians gathered at the old Amer- trustees—six as chairman—uss will solace in art. ‘‘Sorrow all but over- ican Legion Hall in Fredericksburg and step down this June. Over the last few whelmed me,’’ he later recalled. ‘‘Then began a revival of 1930s and 1940s big years he has overseen the remarkable I turned to my love of painting for the band music. They initially began play- growth and success of GW and worked will to live.’’ ing simply because they enjoyed the to focus the institution on opportuni- Gifford no doubt also learned these music. Later that year the band was ties in Virginia, throughout the region, lessons well: that privilege without asked to play for the King George Fall and around the globe. generosity is hollow, that life brings Festival and began making public ap- He has presided over a renewal in the pain of grief but also the joy of art. pearances. Soon after, they had the GW’s commitment to their Virginia He lived his life in a way that reflected idea of playing for charities because Science and Technology Campus. That that understanding. In doing so, he was these civic-minded musicians wanted campus now totals more than 100 acres a credit to a renowned family, and he to make a difference for people in their and includes 17 research laboratories in helped enrich the culture of our nation. communities. The mission of the band areas such as high-performance com- His life as an art philanthropist soon became to provide music at char- puting, renewable energy, and com- began early, when he donated a paint- ity events throughout the central Vir- putational biology. Perhaps most im- ing by Cezanne to the Phillips Collec- ginia area. The band continues that portantly, it is the home to GW’s new tion in memory of his father. Gifford tradition to this day. School of Nursing—the first of GW’s 10 and Joann, his wife of 60 years, were Since the inception of the band in schools to be located in the Common- not just avid collectors of art but tire- March of 1966, it has performed at wealth. Chairman Ramsey has overseen less advocates for art. Richard many charity events in the central Vir- the creation of a Virginia committee of Diebenkorn. Mark Rothko. Claire ginia area and helped local organiza- the board of trustees, the development Falkenstein—these are just a few of tions to collectively raise well over $2 and acquisition of new buildings on the the contemporary artists they cham- million. Of notable mention are two VSTC, innovative partnerships with in- pioned. long standing events: The Fredericks- stitutions like the Textile Museum, Gifford was a successful businessman, burg Big Band has performed a Sep- and the redevelopment of Barcroft but it was his passion for the arts and tember concert sponsored by the Salva- Field in collaboration with Arlington his political activism that seemed to tion Army Women’s Auxillary since County.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3025 Beyond GW’s efforts in Virginia, my Casper office. I recognize her ef- RECOGNIZING CHRIS PERRY Chairman Ramsey has worked to ele- forts and contributions to my office as ∑ Mr. BARRASSO. Madam President, I vate GW to the status of a world-class well as to the State of Wyoming. would like to take the opportunity to institution leading the search for GW’s Brandi is a native of Casper, WY, and express my appreciation to Chris Perry 16th president, Dr. Steven Knapp, over- is a graduate of Kelly Walsh High for his hard work as an intern in my seeing a remarkable growth in fund- School. She currently attends Casper Casper office. I recognize his efforts raising, and guiding GW to make new College, where she is majoring in and contributions to my office as well investments in scientific research, chemistry and prepharmacy. She has as to the State of Wyoming. technology transfer and entrepreneur- demonstrated a strong work ethic, Chris is from Casper, WY, and a grad- ship. which has made her an invaluable asset uate of Natrona County High School. Russ Ramsey is himself a successful to our office. The quality of her work is He currently attends Casper College, entrepreneur, having built multibil- reflected in his great efforts over the where he is majoring in business ad- lion-dollar businesses primarily in the last several months. ministration. He has demonstrated a fields of investment banking and I thank Brandi for the dedication she strong work ethic, which has made him money management. He is most widely has shown while working for me and an invaluable asset to our office. The known as cofounder of Friedman, Bil- my staff. It was a pleasure to have her quality of his work is reflected in his lings, Ramsey Group. In 2001, he found- as part of our team. I know she will great efforts over the last several ed Ramsey Asset Management, a long/ have continued success with all of her months. short equity hedge fund based in future endeavors. I wish her all my I thank Chris for the dedication he ∑ McLean, VA, where he is chairman, best on her next journey. has shown while working for me and CEO, and CIO today. f my staff. It was a pleasure to have him He attended the George Washington as part of our team. I know he will University School of Business on a RECOGNIZING DUSTIN HONAKER have continued success with all of his baseball scholarship and earned his future endeavors. I wish him all my ∑ Mr. BARRASSO. Madam President, I bachelor of business administration in best on his next journey.∑ 1981. He is a native Washingtonian and would like to take the opportunity to lives with his wife Norma and their express my appreciation to Dustin f four children in Northern Virginia. Honaker for his hard work as an intern RECOGNIZING AMBER PRICE Through the W. Russell and Norma G. in my Republican policy committee of- ∑ Mr. BARRASSO. Madam President, I Ramsey Foundation, they are actively fice. I recognize his efforts and con- would like to take the opportunity to committed to philanthropic causes tributions to my office as well as to the express my appreciation to Amber dedicated to at-risk families through State of Wyoming. Price for her hard work as an intern in education and health programs. The Dustin is a native of Rock Springs, my Washington, DC, office. I recognize Ramseys are founding investors of Ven- WY. He is a graduate of the University her efforts and contributions to my of- ture Philanthropy Partners, which has of Wyoming, where he earned a degree fice as well as to the State of Wyo- invested nearly $80 million in non- in political science. He has dem- ming. profits in the greater Washington area onstrated a strong work ethic, which Amber is a native of Gilbert, AZ. She over the last 10 years. has made him an invaluable asset to graduated from the University of Cali- Please join me in congratulating my our office. The quality of his work is fornia, San Diego, with a degree in po- friend Russ Ramsey for all of his con- reflected in his great efforts over the litical science. She has demonstrated a tributions to the George Washington last several months. strong work ethic, which has made her University, the Commonwealth of Vir- I thank Dustin for the dedication he an invaluable asset to our office. The ginia, and the greater Washington re- has shown while working for me and quality of her work is reflected in her gion.∑ my staff. It was a pleasure to have him great efforts over the last several f as part of our team. I know he will have continued success with all of his months. RECOGNIZING REBEKAH FORMAN future endeavors. I wish him all my I thank Amber for the dedication she ∑ Mr. BARRASSO. Madam President, I best on his next journey.∑ has shown while working for me and would like to take the opportunity to my staff. It was a pleasure to have her express my appreciation to Rebekah f as part of our team. I know she will Forman for her continued hard work as have continued success with all of her RECOGNIZING BROUCK KUCZYNSKI an intern in my Cheyenne office. I rec- future endeavors. I wish her all my ∑ ognize her efforts and contributions to ∑ Mr. BARRASSO. Madam President, I best on her next journey. my office as well as to the State of Wy- would like to take the opportunity to f oming. express my appreciation to Brouck RECOGNIZING ADAM STAHL Rebekah is a native of Sheridan, WY, Kuczynski for her hard work as an in- and a graduate of Sheridan High tern in my Republican policy com- ∑ Mr. BARRASSO. Madam President, I School. She currently attends the Lar- mittee office. I recognize her efforts would like to take the opportunity to amie County Community College. She and contributions to my office as well express my appreciation to Adam Stahl has once again demonstrated a strong as to the State of Wyoming. for his hard work as an intern in my work ethic, which has made her an in- Brouck is a native of Virginia and a Washington, DC, office. I recognize his valuable asset to our office. The qual- graduate of Villanova University in efforts and contributions to my office ity of her work is reflected in her great Pennsylvania. She currently attends as well as to the State of Wyoming. efforts over the last several months. the University of Pittsburgh School of Adam is a native of Guilford, CT, and I thank Rebekah for the dedication Law, where she is expected to graduate a graduate of the University of Roch- she has shown while working for me in a few weeks. She has demonstrated a ester, where he earned a degree in his- and my staff. It was a pleasure to have strong work ethic, which has made her tory. He has demonstrated a strong her as part of our team. I know she will an invaluable asset to our office. The work ethic, which has made him an in- have continued success with all of her quality of her work is reflected in her valuable asset to our office. The qual- future endeavors. I wish her all my great efforts over the last several ity of his work is reflected in his great best on her next journey.∑ months. efforts over the last several months. f I thank Brouck for the dedication she I thank Adam for the dedication he has shown while working for me and has shown while working for me and RECOGNIZING BRANDI HAUPT my staff. It was a pleasure to have her my staff. It was a pleasure to have him ∑ Mr. BARRASSO. Madam President, I as part of our team. I know she will as part of our team. I know he will would like to take the opportunity to have continued success with all of her have continued success with all of his express my appreciation to Brandi future endeavors. I wish her all my future endeavors. I wish him all my Haupt for her hard work as an intern in best on her next journey.∑ best on his next journey.∑

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3026 CONGRESSIONAL RECORD — SENATE April 25, 2013 RECOGNIZING CRAIG THOMAS Mrs. Cole, one of its reading clerks, an- Yemen that was originally declared in Exec- utive Order 13611 on May 16, 2012; to the Com- ∑ Mr. BARRASSO. Madam President, I nounced that the House has passed the following bills, in which it requests the mittee on Banking, Housing, and Urban Af- would like to take the opportunity to fairs. express my appreciation to Craig concurrence of the Senate: EC–1332. A communication from the Sec- Thomas for his hard work as an intern H. R. 360. An act to award posthumously a retary of the Treasury, transmitting, pursu- in my Washington, DC, office. I recog- Congressional Gold Medal to Addie Mae Col- ant to law, a six-month periodic report on nize his efforts and contributions to lins, Denise McNair, Carole Robertson, and the national emergency with respect to Cynthia Wesley to commemorate the lives my office as well as to the State of Wy- Burma that was declared in Executive Order they lost 50 years ago in the bombing of the 13047 of May 20, 1997; to the Committee on oming. Sixteenth Street Baptist Church, where Banking, Housing, and Urban Affairs. Craig is a native of Rock Springs, these 4 little Black girls’ ultimate sacrifice EC–1333. A communication from the Assist- WY. He grew up in Fairfax, VA, where served as a catalyst for the Civil Rights ant to the Board of Governors of the Federal he graduated from Oakton High Movement. Reserve System, transmitting, pursuant to School. Craig currently attends the H. R. 1071. An act to specify the size of the law, the report of a rule entitled ‘‘Defini- University of Alabama, where he is ma- precious-metal blanks that will be used in tions of ‘Predominantly Engaged In Finan- cial Activities’ and ‘Significant’ Nonbank joring in business management. He has the production of the National Baseball Hall of Fame commemorative coins. Financial Company and Bank Holding Com- demonstrated a strong work ethic, pany’’ (RIN7100–AD64) received in the Office which has made him an invaluable f of the President of the Senate on April 22, asset to our office. The quality of his MEASURES PLACED ON THE 2013; to the Committee on Banking, Housing, work is reflected in his great efforts CALENDAR and Urban Affairs. over the last several months. EC–1334. A communication from the Direc- I thank Craig for the dedication he The following bill was read the sector of Congressional Affairs, Nuclear Regu- ond time, and placed on the calendar: latory Commission, transmitting, pursuant has shown while working for me and to law, the report of a rule entitled ‘‘Evalua- S. 799. A bill to provide for a sequester re- my staff. It was a pleasure to have him tions of Explosions Postulated to Occur at placement. as part of our team. I know he will Nearby Facilities and on Transportation have continued success with all of his f Routes Near Nuclear Power Plants’’ (Regu- latory Guide 1.91) received in the Office of future endeavors. I wish him all my EXECUTIVE AND OTHER best on his next journey.∑ the President of the Senate on April 23, 2013; COMMUNICATIONS to the Committee on Environment and Pub- f The following communications were lic Works. RECOGNIZING MICHAEL TRUJILLO laid before the Senate, together with EC–1335. A communication from the Direc- tor of the Regulatory Management Division, ∑ Mr. BARRASSO. Madam President, I accompanying papers, reports, and doc- Environmental Protection Agency, transmit- would like to take the opportunity to uments, and were referred as indicated: ting, pursuant to law, the report of a rule en- express my appreciation to Michael EC–1326. A communication from the Assist- titled ‘‘Approval and Promulgation of Imple- Trujillo for his hard work as an intern ant Secretary, Bureau of Political-Military mentation Plans; Oregon: Open Burning and in my Cheyenne office. I recognize his Affairs, Department of State, transmitting, Enforcement Procedures’’ (FRL No. 9793–5) efforts and contributions to my office pursuant to law, an addendum to a certifi- received in the Office of the President of the Senate on April 23, 2013; to the Committee on as well as to the State of Wyoming. cation, transmittal number: DDTC 13–056, of the proposed sale or export of defense arti- Environment and Public Works. Michael is a native of Laramie and a cles and/or defense services to a Middle East EC–1336. A communication from the Direc- graduate of Laramie Senior High country regarding any possible affects such a tor of the Regulatory Management Division, School. He currently attends the Uni- sale might have relating to Israel’s Quali- Environmental Protection Agency, transmit- versity of Wyoming, where he is major- tative Military Edge over military threats to ting, pursuant to law, the report of a rule ening in political science and journalism. Israel; to the Committee on Foreign Rela- titled ‘‘Approval and Promulgation of Air He has demonstrated a strong work tions. Quality Implementation Plans; District of EC–1327. A communication from the Direc- Columbia; Volatile Organic Compounds ethic, which has made him an invalu- Emissions Reductions Regulations’’ (FRL able asset to our office. The quality of tor of the Regulatory Management Division, Environmental Protection Agency, transmit- No. 9806–6) received in the Office of the Presi- his work is reflected in his great efforts ting, pursuant to law, the report of a rule en- dent of the Senate on April 23, 2013; to the over the last several months. titled ‘‘Azoxystrobin; Pesticide Tolerances’’ Committee on Environment and Public I thank Michael for the dedication he (FRL No. 9384–2) received in the Office of the Works. EC–1337. A communication from the Direc- has shown while working for me and President of the Senate on April 23, 2013; to tor of the Regulatory Management Division, my staff. It was a pleasure to have him the Committee on Agriculture, Nutrition, Environmental Protection Agency, transmit- and Forestry. as part of our team. I know he will ting, pursuant to law, the report of a rule en- EC–1328. A communication from the Direc- have continued success with all of his titled ‘‘Federal Plan Requirements for Hos- tor of the Regulatory Management Division, future endeavors. I wish him all my pital/Medical/Infectious Waste Incinerators Environmental Protection Agency, transmit- ∑ Constructed On or Before December 1, 2008, best on his next journey. ting, pursuant to law, the report of a rule en- and Standards of Performance for New Sta- f titled ‘‘Bacillus mycoides isolate J; Time- tionary Sources: Hospital/Medical/Infectious MESSAGES FROM THE PRESIDENT Limited Exemption from the Requirement of Waste Incinerators’’ (FRL No. 9802–3) re- a Tolerance’’ (FRL No. 9383–1) received in the Messages from the President of the ceived in the Office of the President of the Office of the President of the Senate on April Senate on April 23, 2013; to the Committee on United States were communicated to 23, 2013; to the Committee on Agriculture, Environment and Public Works. the Senate by Mr. Williams, one of his Nutrition, and Forestry. EC–1338. A communication from the Chief secretaries. EC–1329. A communication from the Acting of the Publications and Regulations Branch, Under Secretary of Defense (Personnel and f Internal Revenue Service, Department of the Readiness), transmitting a report on the ap- Treasury, transmitting, pursuant to law, the EXECUTIVE MESSAGES REFERRED proved retirement of Vice Admiral William report of a rule entitled ‘‘Applicable Federal R. Burke, United States Navy, and his ad- Rates—May 2013’’ (Rev. Rul. 2013–11) received As in executive session the Presiding vancement to the grade of vice admiral on Officer laid before the Senate messages in the Office of the President of the Senate the retired list; to the Committee on Armed on April 23, 2013; to the Committee on Fi- from the President of the United Services. nance. States submitting sundry nominations EC–1330. A communication from the Assist- EC–1339. A communication from the Sec- which were referred to the appropriate ant Director, Executive and Political Per- retary of the Commodity Futures Trading committees. sonnel, Department of Defense, transmit- Commission, transmitting, pursuant to law, (The messages received today are ting, a report relative to a vacancy in the the report of a rule entitled ‘‘Clearing Ex- printed at the end of the Senate pro- Department of the Navy, received in the Of- emption for Swaps Between Certain Affili- fice of the President of the Senate on April ceedings.) ated Entities’’ (RIN3038–AD47) received in 23, 2013; to the Committee on Armed Serv- the Office of the President of the Senate on f ices. April 22, 2013; to the Committee on Agri- MESSAGE FROM THE HOUSE EC–1331. A communication from the Sec- culture, Nutrition, and Forestry. retary of the Treasury, transmitting, pursu- EC–1340. A communication from the Acting At 1:46 p.m., a message from the ant to law, a six-month periodic report on Assistant Secretary, Legislative Affairs, De- House of Representatives, delivered by the national emergency with respect to partment of State, transmitting, pursuant to

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A communication from the Chief Assistant Secretary, Legislative Affairs, De- dent and Chief Executive Officer, Overseas Justice of the Supreme Court of the United partment of State, transmitting, pursuant to Private Investment Corporation, transmit- States, transmitting, pursuant to law, the law, a report consistent with the Authoriza- ting, pursuant to law, the Corporation’s fis- amendments to the Federal Rules of Evi- tion for Use of Military Force Against Iraq cal year 2012 annual report relative to the dence that have been adopted by the Su- Resolution of 2002 (P.L. 107–243) and the Au- Notification and Federal Employee Anti- preme Court of the United States; to the thorization for the Use of Force Against Iraq discrimination and Retaliation Act of 2002; Committee on the Judiciary. Resolution (P.L. 102–1) for the December 22, to the Committee on Homeland Security and EC–1362. A communication from the Chief 2012–February 19, 2013 reporting period; to Governmental Affairs. Justice of the Supreme Court of the United the Committee on Foreign Relations. EC–1352. A communication from the Acting States, transmitting, pursuant to law, the EC–1342. A communication from the Acting Director, Environmental Protection Agency, amendments to the Federal Rules of Appel- Assistant Secretary, Legislative Affairs, De- transmitting, pursuant to law, the Agency’s late Procedure that have been adopted by partment of State, transmitting, pursuant to fiscal year 2012 annual report relative to the the Supreme Court of the United States; to law, a report relative to section 36(c) of the Notification and Federal Employee Anti- the Committee on the Judiciary. EC–1363. A communication from the Chief Arms Export Control Act (DDTC 13–014); to discrimination and Retaliation Act of 2002; Justice of the Supreme Court of the United the Committee on Foreign Relations. to the Committee on Homeland Security and States, transmitting, pursuant to law, the EC–1343. A communication from the Acting Governmental Affairs. amendments to the Federal Rules of Bank- Assistant Secretary, Legislative Affairs, De- EC–1353. A communication from the Direc- ruptcy Procedure that have been adopted by partment of State, transmitting, pursuant to tor, Office of Personnel Management, trans- the Supreme Court of the United States; to law, the report of a rule entitled ‘‘Visas: mitting, pursuant to law, the Office’s fiscal the Committee on the Judiciary. Documentation of Immigrants Under the Im- year 2012 annual report relative to the Noti- EC–1364. A communication from the Chief migration and Nationality Act, as Amended’’ fication and Federal Employee Antidiscrimi- Justice of the Supreme Court of the United (RIN1400–AD39) received during adjournment nation and Retaliation Act of 2002; to the States, transmitting, pursuant to law, the of the Senate in the Office of the President Committee on Homeland Security and Gov- amendments to the Federal Rules of Civil of the Senate on April 19, 2013; to the Com- ernmental Affairs. Procedure that have been adopted by the Su- mittee on Foreign Relations. EC–1354. A communication from the Fed- preme Court of the United States; to the EC–1344. A communication from the Acting eral Liaison Officer, Patent and Trademark Committee on the Judiciary. Assistant Secretary, Office of Legislative Af- Office, Department of Commerce, transmit- EC–1365. A communication from the Prin- fairs, Department of State, transmitting, ting, pursuant to law, the report of a rule en- cipal Deputy Assistant Attorney General, Of- pursuant to law, a report relative to the titled ‘‘Changes to Implement the Technical fice of Legislative Affairs, Department of issuance of a determination to waive certain Corrections to the Leahy-Smith America In- Justice, transmitting, pursuant to law, a re- restrictions on maintaining a Palestine Lib- vents Act as to Inter Partes Review’’ port entitled ‘‘Debt Collection Recovery Ac- eration Organization (PLO) Office in Wash- (RIN0651–AC83) received in the Office of the tivities of the Department of Justice for ington and on the receipt and expenditure of President of the Senate on April 16, 2013; to Civil Debts Referred for Collection Annual PLO funds for a period of six months; to the the Committee on the Judiciary. Report for Fiscal Year 2012’’; to the Com- Committee on Foreign Relations. EC–1355. A communication from the Prin- mittee on the Judiciary. EC–1345. A communication from the Sec- cipal Deputy Assistant Attorney General, Of- EC–1366. A communication from the Prin- retary of Health and Human Services, trans- fice of Legislative Affairs, Department of cipal Deputy Assistant Attorney General, Of- mitting, pursuant to law, an annual report Justice, transmitting, pursuant to law, the fice of Legislative Affairs, Department of on mining activities as required by the Mine Annual Report to Congress for the Office of Justice, transmitting, pursuant to law, a re- Improvement and New Emergency Response Justice Programs’ Bureau of Justice Assist- port entitled ‘‘Report of the Attorney Gen- Act of 2006; to the Committee on Health, ance for fiscal year 2011; to the Committee eral to the Congress of the United States on Education, Labor, and Pensions. on the Judiciary. the Administration of the Foreign Agents EC–1346. A communication from the Sec- EC–1356. A communication from the Chief Registration Act of 1938, as amended for the retary of Health and Human Services, trans- of the Office of Regulatory Affairs, Bureau of six months ending June 30, 2012’’; to the mitting, pursuant to law, a report entitled Alcohol, Tobacco, Firearms, and Explosives, Committee on the Judiciary. ‘‘Report to Congress on Dual Language Department of Justice, transmitting, pursu- EC–1367. A communication from the Chair- Learners in Head Start and Early Head Start ant to law, the report of a rule entitled ‘‘Im- man of the United States Commission on Programs’’; to the Committee on Health, portation of Defense Articles and Defense Civil Rights, transmitting, pursuant to law, Education, Labor, and Pensions. Services—U.S. Munitions Import List’’ the Commission’s Strategic Plan for fiscal EC–1347. A communication from the Mem- (RIN1140–AA46) received in the Office of the years 2014–2018; to the Committee on the Ju- diciary. bers of the Railroad Retirement Board, President of the Senate on April 22, 2013; to EC–1368. A communication from the Direc- transmitting, pursuant to law, the Board’s the Committee on the Judiciary. tor, Office of Sustainable Fisheries, Depart- Congressional Justification of Budget Esti- EC–1357. A communication from the Dep- ment of Commerce, transmitting, pursuant mates Report for fiscal year 2014; to the uty Assistant Administrator, Office of Diver- to law, the report of a rule entitled ‘‘Fish- Committee on Health, Education, Labor, and sion Control, Drug Enforcement Agency, De- eries of the Northeastern United States; Pensions. partment of Justice, transmitting, pursuant Northeast Multispecies Fishery Management EC–1348. A communication from the Assist- to law, the report of a rule entitled ‘‘Sched- Plan; Amendment 19’’ (RIN0648–BC48) re- ant Secretary for the Employment and ules of Controlled Substances: Placement of ceived in the Office of the President of the Training Administration, Department of Methylone Into Schedule I’’ (Docket No. Senate on April 24, 2013; to the Committee on Labor, transmitting, pursuant to law, the re- DEA–357) received in the Office of the Presi- Commerce, Science, and Transportation. port of a rule entitled ‘‘Wage Methodology dent of the Senate on April 15, 2013; to the EC–1369. A communication from the Acting for the Temporary Non-Agricultural Em- Committee on the Judiciary; to the Com- Deputy Director, Office of Sustainable Fish- ployment H–2B Program, Part 2’’ (RIN1205– mittee on the Judiciary. eries, Department of Commerce, transmit- AB69) received in the Office of the President EC–1358. A communication from the Gen- ting, pursuant to law, the report of a rule en- of the Senate on April 22, 2013; to the Com- eral Counsel, Executive Office for Immigra- titled ‘‘Fisheries of the Exclusive Economic mittee on Health, Education, Labor, and tion Review, Department of Justice, trans- Zone Off Alaska; Pollock in Statistical Area Pensions. mitting, pursuant to law, the report of a rule 620 in the Gulf of Alaska’’ (RIN0648–XC575) EC–1349. A communication from the Acting entitled ‘‘Registry for Attorneys and Rep- received in the Office of the President of the Director, Office of Management and Budget, resentatives’’ (RIN1125–AA39) received in the Senate on April 24, 2013; to the Committee on Executive Office of the President, transmit- Office of the President of the Senate on April Commerce, Science, and Transportation. ting, pursuant to law, a report entitled ‘‘2012 15, 2013; to the Committee on the Judiciary. EC–1370. A communication from the Acting Report to Congress on the Benefits and Costs EC–1359. A communication from the Gen- Deputy Director, Office of Sustainable Fish- of Federal Regulations and Unfunded Man- eral Counsel, Executive Office for Immigra- eries, Department of Commerce, transmit- dates on State, Local, and Tribal Entities’’; tion Review, Department of Justice, trans- ting, pursuant to law, the report of a rule en- to the Committee on Homeland Security and mitting, pursuant to law, the report of a rule titled ‘‘Fisheries of the Exclusive Economic Governmental Affairs. entitled ‘‘Forwarding of Asylum Applica- Zone Off Alaska; Pollock in the West Yak- EC–1350. A communication from the Direc- tions to the Department of State’’ (RIN1125– utat District of the Gulf of Alaska’’ tor, Office of Personnel Management, trans- AA65) received in the Office of the President (RIN0648–XC582) received in the Office of the mitting, pursuant to law, the report of a rule of the Senate on April 15, 2013; to the Com- President of the Senate on April 24, 2013; to entitled ‘‘Prevailing Rate Systems; Redefini- mittee on the Judiciary. the Committee on Commerce, Science, and tion of the St. Louis, MO; Southern Mis- EC–1360. A communication from the Chief Transportation. souri; Cleveland, OH; and Pittsburgh, PA, Justice of the Supreme Court of the United EC–1371. A communication from the Chief Appropriated Fund Federal Wage System States, transmitting, pursuant to law, the of Staff, Media Bureau, Federal Communica- Wage Areas’’ (RIN3206–AM70) received in the amendments to the Federal Rules of Crimi- tions Commission, transmitting, pursuant to

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3028 CONGRESSIONAL RECORD — SENATE April 25, 2013 law, the report of a rule entitled ‘‘Accessible and second times by unanimous con- By Mrs. FEINSTEIN (for herself, Ms. Emergency Information, and Apparatus Re- sent, and referred as indicated: STABENOW, and Ms. COLLINS): quirements for Emergency Information and S. 820. A bill to provide for a uniform na- By Mr. DONNELLY: Video Description: Implementation of the tional standard for the housing and treat- S. 810. A bill to require a pilot program on Twenty-First Century Communications and ment of egg-laying hens, and for other pur- an online computerized assessment to en- Video Accessibility Act of 2010. . . .’’ poses; to the Committee on Agriculture, Nu- hance detection of behaviors indicating a (RIN3065–AJ85) received during recess of the trition, and Forestry. risk of suicide and other mental health con- Senate in the Office of the President of the By Mrs. GILLIBRAND (for herself, Mr. ditions in members of the Armed Forces, and Senate on April 19, 2013; to the Committee on BROWN, Mr. COWAN, Mr. CASEY, Mr. for other purposes; to the Committee on Commerce, Science, and Transportation. SANDERS, Mr. SCHUMER, Mr. HARKIN, Armed Services. EC–1372. A communication from the Dep- and Mr. FRANKEN): By Mrs. GILLIBRAND: uty Chief Counsel for Regulations and Secu- S. 821. A bill to amend the Department of S. 811. A bill to amend the Emergency rity Standards, Transportation Security Ad- Agriculture Reorganization Act of 1994 to es- Food Assistance Act of 1983 to provide for ministration, Department of Homeland Se- tablish in the Department of Agriculture a the increased purchase of Kosher and Halal curity, transmitting, pursuant to law, the re- Healthy Food Financing Initiative; to the food and to modify the labeling of the com- port of a rule entitled ‘‘Provisions for Fees Committee on Agriculture, Nutrition, and modities list under the emergency food as- Related to Hazardous Materials Endorse- Forestry. sistance program to enable Kosher and Halal ments and Transportation Worker Identifica- By Mr. LEAHY (for himself and Mr. food bank operators to identify which com- tion Credentials’’ ((49 CFR Part 1572) CORNYN): modities to obtain from local food banks; to (Amendment No. 1572–10)) received in the Of- S. 822. A bill to protect crime victims’ the Committee on Agriculture, Nutrition, fice of the President of the Senate on April rights, to eliminate the substantial backlog and Forestry. 23, 2012; to the Committee on Commerce, of DNA samples collected from crime scenes By Mr. WYDEN (for himself and Ms. Science, and Transportation. and convicted offenders, to improve and ex- MURKOWSKI): EC–1373. A communication from the Assist- pand the DNA testing capacity of Federal, S. 812. A bill to authorize the Secretary of ant General Counsel for Legislation, Regula- State, and local crime laboratories, to in- the Interior to take actions to implement tion and Energy Efficiency, Department of crease research and development of new DNA the Agreement between the United States of Energy, transmitting, pursuant to law, a re- testing technologies, to develop new training America and the United Mexican States Con- port entitled ‘‘Energy Conservation Pro- programs regarding the collection and use of cerning Transboundary Hydrocarbon Res- gram: Energy Conservation Standards for DNA evidence, to provide post conviction ervoirs in the Gulf of Mexico; to the Com- Distribution Transformers’’ (RIN1904–AC04) testing of DNA evidence to exonerate the in- mittee on Energy and Natural Resources. received in the Office of the President of the nocent, to improve the performance of coun- By Mr. REID (for Mr. LAUTENBERG (for Senate on April 24, 2013; to the Committee on sel in State capital cases, and for other pur- himself, Mrs. SHAHEEN, Mrs. BOXER, Energy and Natural Resources. poses; to the Committee on the Judiciary. Mrs. GILLIBRAND, Mrs. MURRAY, Ms. EC–1374. A communication from the Sec- By Mr. WHITEHOUSE: WARREN, and Mr. MURPHY)): S. 823. A bill to authorize the appropriation retary of Health and Human Services, trans- S. 813. A bill to require that Peace Corps mitting, pursuant to law, a report entitled of $500,000,000 for fiscal year 2014 to provide volunteers be subject to the same limita- grants to States for surface transportation ‘‘Innovative Products and Treatments to tions regarding coverage of abortion services Achieve Abstinence From Tobacco Use, Re- projects of national and regional signifi- as employees of the Peace Corps with respect cance; to the Committee on Environment ductions in Consumption of Tobacco, and Re- to coverage of such services, and for other ductions in the Harm Associated With Con- and Public Works. purposes; to the Committee on Foreign Rela- By Mr. MENENDEZ (for himself, Mrs. tinued Tobacco Use’’; to the Committee on tions. Health, Education, Labor, and Pensions. SHAHEEN, Mr. BEGICH, Mr. By Mr. REID (for Mr. LAUTENBERG): EC–1375. A communication from the Diver- BLUMENTHAL, Mr. BROWN, Mr. LAU- S. 814. A bill to provide stronger penalties TENBERG, Mr. LEAHY, Mr. MERKLEY, sity and Inclusion Programs Director, Board for violations of the Chemical Facility Anti- of Governors of the Federal Reserve System, and Mr. UDALL of New Mexico): Terrorism Standards; to the Committee on S. 824. A bill to amend the Securities Ex- transmitting, pursuant to law, the Board’s Homeland Security and Governmental Af- fiscal year 2012 annual report relative to the change Act of 1934 to require shareholder au- fairs. thorization before a public company may Notification and Federal Employee Anti- By Mr. MERKLEY (for himself, Mr. discrimination and Retaliation Act of 2002; make certain political expenditures, and for HARKIN, Mr. KIRK, Ms. COLLINS, and to the Committee on Homeland Security and other purposes; to the Committee on Bank- Ms. BALDWIN): Governmental Affairs. ing, Housing, and Urban Affairs. S. 815. A bill to prohibit the employment By Mr. SANDERS (for himself and Mr. EC–1376. A communication from the Chair- discrimination on the basis of sexual ori- man, Merit Systems Protection Board, BURR): entation or gender identity; to the Com- S. 825. A bill to amend title 38, United transmitting, pursuant to law, the Board’s mittee on Health, Education, Labor, and fiscal year 2012 Annual Performance Report States Code, to improve the provision of Pensions. services for homeless veterans, and for other and the fiscal years 2013–2014 Annual Per- By Mr. UDALL of Colorado (for himself formance Plan; to the Committee on Home- purposes; to the Committee on Veterans’ Af- and Mr. BENNET): fairs. land Security and Governmental Affairs. S. 816. A bill to amend the Omnibus Public EC–1377. A communication from the Direc- By Mr. REID (for Mr. LAUTENBERG (for Land Management Act of 2009 to provide for himself, Mr. BLUMENTHAL, Mr. HAR- tor, Office of Diversity Management and the conduct of stewardship end result con- Equal Opportunity, Office of the Under Sec- KIN, and Mr. DURBIN)): tracting projects; to the Committee on En- S. 826. A bill to amend the Internal Rev- retary of Defense (Readiness and Force Man- ergy and Natural Resources. enue Code of 1986 to reform and enforce tax- agement), transmitting, pursuant to law, a By Mrs. GILLIBRAND (for herself and ation of tobacco products; to the Committee compilation of fiscal year 2012 reports from Mr. ROCKEFELLER): on Finance. the Department of Defense Components rel- S. 817. A bill to exempt the Federal Avia- By Mr. MENENDEZ (for himself, Mr. ative to the implementation of the Notifica- tion Administration from sequestration, and NELSON, Mr. DURBIN, Mr. REED, and tion and Federal Employee Antidiscrimina- for other purposes; to the Committee on Fi- Mr. WHITEHOUSE): tion and Retaliation Act of 2002; to the Com- nance. S. 827. A bill to amend the Internal Rev- mittee on Homeland Security and Govern- By Ms. COLLINS (for herself, Mr. enue Code of 1986 to require oil polluters to mental Affairs. UDALL of Colorado, Mr. RISCH, Mr. pay the full cost of oil spills, and for other f TOOMEY, Mrs. HAGAN, Mr. ISAKSON, purposes; to the Committee on Finance. REPORTS OF COMMITTEES and Mr. ROBERTS): By Mr. MENENDEZ (for himself, Mr. S. 818. A bill to provide the Secretary of NELSON, Mr. DURBIN, Mr. REED, and The following reports of committees Transportation with the flexibility to trans- Mr. WHITEHOUSE): were submitted: fer certain funds to prevent furloughs by the S. 828. A bill to amend the Oil Pollution By Mr. LEAHY, from the Committee on Federal Aviation Administration, and for Act of 1990 to require oil polluters to pay the the Judiciary, with an amendment: other purposes; to the Committee on Com- full cost of oil spills, and for other purposes; S. 607. A bill to improve the provisions re- merce, Science, and Transportation. to the Committee on Environment and Pub- lating to the privacy of electronic commu- By Mr. BURR: lic Works. nications. S. 819. A bill to amend title 38, United By Mrs. HAGAN: States Code, to require a program of mental S. 829. A bill to improve the financial lit- f health care and rehabilitation for veterans eracy of students; to the Committee on INTRODUCTION OF BILLS AND for service-related post-traumatic stress dis- Health, Education, Labor, and Pensions. JOINT RESOLUTIONS order, depression, anxiety disorder, or a re- By Mr. MANCHIN (for himself, Ms. lated substance use disorder, and for other MURKOWSKI, Mr. ROCKEFELLER, Mr. The following bills and joint resolu- purposes; to the Committee on Veterans’ Af- HOEVEN, Ms. LANDRIEU, Mr. PORTMAN, tions were introduced, read the first fairs. and Mr. VITTER):

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3029 S. 830. A bill to amend the Federal Water other purposes; to the Committee on Fi- S. 850. A bill to prohibit the National Pollution Control Act to clarify and confirm nance. Labor Relations Board from taking any ac- the authority of the Environmental Protec- By Mr. NELSON (for himself, Mr. tion that requires a quorum of the members tion Agency to deny or restrict the use of de- ROCKEFELLER, Mr. SCHATZ, and Ms. of the Board until such time as Board consti- fined areas as disposal sites for the discharge HIRONO): tuting a quorum shall have been confirmed of dredged or fill material; to the Committee S. 839. A bill to reauthorize the Coral Reef by the Senate, the Supreme Court issues a on Environment and Public Works. Conservation Act of 2000, and for other pur- decision on the constitutionality of the ap- By Mr. COATS (for himself, Mr. LEE, poses; to the Committee on Commerce, pointments to the Board made in January Mr. BARRASSO, Mr. CHAMBLISS, Mr. Science, and Transportation. 2012, or the adjournment sine die of the first COBURN, Mr. CRAPO, Mr. ENZI, Mr. By Mr. FRANKEN (for himself and Mr. session of the 113th Congress; to the Com- HOEVEN, Mr. ISAKSON, Mr. RISCH, Mr. BENNET): mittee on Health, Education, Labor, and VITTER, Mr. WICKER, Mr. SESSIONS, S. 840. A bill to recruit, support, and pre- Pensions. and Mr. HATCH): pare principals to improve student academic By Mr. SANDERS: S. 831. A bill to limit the authority of the achievement at eligible schools; to the Com- S. 851. A bill to amend title 38, United Secretary of the Interior to issue regulations mittee on Health, Education, Labor, and States Code, to extend to all veterans with a before December 31, 2017, under the Surface Pensions. serious service-connected injury eligibility Mining Control and Reclamation Act of 1977; By Mr. BENNET (for himself and Mr. to participate in the family caregiver serv- to the Committee on Energy and Natural Re- UDALL of Colorado): ices program; to the Committee on Veterans’ sources. S. 841. A bill to designate certain Federal Affairs. By Mr. DONNELLY: land in the San Juan National Forest in the By Mr. SANDERS: S. 832. A bill to require the Secretary of State of Colorado as wilderness, and for S. 852. A bill to improve health care fur- Veterans Affairs to carry out pilot programs other purposes; to the Committee on Energy nished by the Department of Veterans Af- on furnishing case management services and and Natural Resources. fairs by increasing access to complementary assisted living to children of Vietnam vet- By Mr. SCHUMER (for himself and Mr. and alternative medicine and other ap- erans and certain Korea service veterans GRASSLEY): proaches to wellness and preventive care, born with spina bifida and children of women S. 842. A bill to amend title XVIII of the and for other purposes; to the Committee on Vietnam veterans born with certain birth de- Social Security Act to provide for an exten- Veterans’ Affairs. fects, and for other purposes; to the Com- sion of the Medicare-dependent hospital By Ms. COLLINS (for herself, Mr. mittee on Veterans’ Affairs. (MDH) program and the increased payments ROCKEFELLER, Mr. THUNE, Mr. UDALL By Mrs. MURRAY (for herself and Mr. under the Medicare low-volume hospital proof Colorado, Mr. RISCH, Mrs. HAGAN, FRANKEN): gram; to the Committee on Finance. Mr. ROBERTS, Mr. ISAKSON, Mr. S. 833. A bill to amend subtitle B of title By Mr. INHOFE: TOOMEY, Mrs. MCCASKILL, Ms. MUR- VII of the McKinney-Vento Homeless Assist- S. 843. A bill to limit the amount of ammu- KOWSKI, Mr. WARNER, Mr. CHAMBLISS, ance Act to provide education for homeless nition purchased or possessed by certain Mr. NELSON, Mr. BEGICH, and Mr. children and youths, and for other purposes; Federal agencies for a 6-month period; to the HELLER): to the Committee on Health, Education, Committee on Homeland Security and Gov- S. 853. A bill to provide the Secretary of Labor, and Pensions. ernmental Affairs. Transportation with the flexibility to trans- By Mrs. MURRAY (for herself and Mr. By Mr. SANDERS (for himself, Ms. MI- fer certain funds to prevent reduced oper- FRANKEN): KULSKI, and Mr. BROWN): ations and staffing of the Federal Aviation S. 834. A bill to amend the Child Care and S. 844. A bill to amend the Elementary and Administration, and for other purposes; con- Development Block Grant Act of 1990 to en- Secondary Education Act of 1965 in order to sidered and passed. sure access to high-quality child care for support the community schools model; to By Mr. MERKLEY (for himself, Mr. homeless children and families, and for other the Committee on Health, Education, Labor, FRANKEN, and Mr. BEGICH): purposes; to the Committee on Health, Edu- and Pensions. S. 854. A bill to improve student academic cation, Labor, and Pensions. By Mr. TESTER (for himself and Mr. achievement in science, technology, engi- By Mr. SCHUMER (for himself, Mr. MORAN): neering, and mathematics subjects; to the MENENDEZ, Ms. STABENOW, Mr. S. 845. A bill to amend title 38, United Committee on Health, Education, Labor, and ROCKEFELLER, Mr. BROWN, Mr. States Code, to improve the Department of Pensions. CARDIN, Mr. WHITEHOUSE, and Mr. Veterans Affairs Health Professionals Edu- By Mr. NELSON: DURBIN): cational Assistance Program, and for other S. 855. A bill to increase the portion of S. 835. A bill to amend the Internal Rev- purposes; to the Committee on Veterans’ Af- community development block grants that enue Code of 1986 to extend and modify the fairs. may be used to provide public services, and American Opportunity Tax Credit, and for By Mr. DURBIN: for other purposes; to the Committee on other purposes; to the Committee on Fi- S. 846. A bill to amend the Family and Banking, Housing, and Urban Affairs. nance. Medical Leave Act of 1993 to permit leave to By Mr. JOHANNS (for himself, Mr. By Mr. BROWN (for himself, Mr. DUR- care for a same-sex spouse, domestic partner, WYDEN, and Mrs. FISCHER): BIN, Mr. SCHUMER, Mr. BAUCUS, Mr. parent-in-law, adult child, sibling, grand- S.J. Res. 14. A joint resolution amending ROCKEFELLER, Mr. WYDEN, Ms. STA- child, or grandparent who has a serious title 36, United States Code, to designate the BENOW, Mr. MENENDEZ, Mr. CARDIN, health condition; to the Committee on last Friday in April as Arbor Day; to the Mr. CASEY, Mrs. MURRAY, Mr. LAU- Health, Education, Labor, and Pensions. Committee on the Judiciary. TENBERG, Mrs. GILLIBRAND, Mr. By Mr. CRAPO (for himself and Mr. f COWAN, Mr. WHITEHOUSE, Mr. REED, RISCH): SUBMISSION OF CONCURRENT AND Ms. HIRONO, Mr. HARKIN, Mr. LEVIN, S. 847. A bill to amend the Marine Mammal SENATE RESOLUTIONS Mrs. BOXER, Mr. BLUMENTHAL, Mr. Protection Act of 1972 to allow the importa- BEGICH, Mr. SCHATZ, Ms. KLOBUCHAR, tion of polar bear trophies taken in sport The following concurrent resolutions Mr. FRANKEN, Mr. BENNET, Ms. WAR- hunts in Canada before the date on which the and Senate resolutions were read, and REN, Mr. JOHNSON of South Dakota, polar bear was determined to be a threatened referred (or acted upon), as indicated: Mr. MERKLEY, and Mr. MURPHY): species under the Endangered Species Act of S. 836. A bill to amend the Internal Rev- 1973; to the Committee on Commerce, By Ms. WARREN (for herself, Mr. enue Code of 1986 to strengthen the earned Science, and Transportation. COWAN, Mr. REID, Mr. MCCONNELL, income tax credit and make permanent cer- By Mr. REED (for himself and Mr. Mr. ALEXANDER, Ms. AYOTTE, Ms. tain tax provisions under the American Re- GRASSLEY): BALDWIN, Mr. BARRASSO, Mr. BAUCUS, covery and Reinvestment Act of 2009; to the S. 848. A bill to promote transparency by Mr. BEGICH, Mr. BENNET, Mr. Committee on Finance. permitting the Public Company Accounting BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- By Mr. HARKIN (for himself, Mr. Oversight Board to allow its disciplinary MAN, Mrs. BOXER, Mr. BROWN, Mr. LEAHY, Mr. BROWN, Mr. TESTER, Mr. proceedings to be open to the public, and for BURR, Ms. CANTWELL, Mr. CARDIN, CASEY, Ms. KLOBUCHAR, Mr. UDALL of other purposes; to the Committee on Bank- Mr. CARPER, Mr. CASEY, Mr. CHAM- New Mexico, Mr. MERKLEY, Mr. ing, Housing, and Urban Affairs. BLISS, Mr. COATS, Mr. COBURN, Mr. FRANKEN, and Mr. JOHNSON of South By Mr. BENNET (for himself, Mr. BAU- COCHRAN, Ms. COLLINS, Mr. COONS, Dakota): CUS, and Mr. UDALL of Colorado): Mr. CORKER, Mr. CORNYN, Mr. CRAPO, S. 837. A bill to expand and improve oppor- S. 849. A bill to amend the Healthy Forests Mr. CRUZ, Mr. DONNELLY, Mr. DURBIN, tunities for beginning farmers and ranchers, Restoration Act of 2003 to provide for the Mr. ENZI, Mrs. FEINSTEIN, Mrs. FISCH- and for other purposes; to the Committee on conduct of stewardship contracting projects, ER, Mr. FLAKE, Mr. FRANKEN, Mrs. Agriculture, Nutrition, and Forestry. and for other purposes; to the Committee on GILLIBRAND, Mr. GRAHAM, Mr. GRASS- By Mrs. MCCASKILL (for herself and Agriculture, Nutrition, and Forestry. LEY, Mrs. HAGAN, Mr. HARKIN, Mr. Mr. BLUNT): By Mr. ALEXANDER (for himself, Mr. HATCH, Mr. HEINRICH, Ms. HEITKAMP, S. 838. A bill to amend the Internal Rev- JOHANNS, Mr. ENZI, Mr. ROBERTS, Mr. Mr. HELLER, Ms. HIRONO, Mr. HOEVEN, enue Code of 1986 to protect employees in the BLUNT, Mr. INHOFE, Mr. ISAKSON, Mr. Mr. INHOFE, Mr. ISAKSON, Mr. building and construction industry who are SCOTT, Mr. KIRK, Mr. RUBIO, Mr. JOHANNS, Mr. JOHNSON of Wisconsin, participants in multiemployer plans, and for COBURN, and Mr. RISCH): Mr. JOHNSON of South Dakota, Mr.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3030 CONGRESSIONAL RECORD — SENATE April 25, 2013 KAINE, Mr. KING, Mr. KIRK, Ms. KLO- tional Collegiate Athletic Association Wom- veterans tuition and fees at the in- BUCHAR, Ms. LANDRIEU, Mr. LAUTEN- en’s Ice Hockey Championship; considered State tuition rate, and for other pur- BERG, Mr. LEAHY, Mr. LEE, Mr. LEVIN, and agreed to. poses. Mr. MANCHIN, Mr. MCCAIN, Mrs. By Mr. REID (for himself and Mr. S. 296 MCCASKILL, Mr. MENENDEZ, Mr. MCCONNELL): MERKLEY, Ms. MIKULSKI, Mr. MORAN, S. Res. 124. A resolution to authorize testi- At the request of Mr. LEAHY, the Ms. MURKOWSKI, Mr. MURPHY, Mrs. mony in writing, documents, and representa- name of the Senator from Oregon (Mr. MURRAY, Mr. NELSON, Mr. PAUL, Mr. tion in Whitnum v. Town of Greenwich, et al; WYDEN) was added as a cosponsor of S. PORTMAN, Mr. PRYOR, Mr. REED, Mr. considered and agreed to. 296, a bill to amend the Immigration RISCH, Mr. ROBERTS, Mr. ROCKE- By Mr. MENENDEZ (for himself, Mr. and Nationality Act to eliminate dis- FELLER, Mr. RUBIO, Mr. SANDERS, Mr. REID, Mr. CRAPO, Mr. DURBIN, Mrs. crimination in the immigration laws SCHATZ, Mr. SCHUMER, Mr. SCOTT, Mr. MURRAY, Ms. LANDRIEU, and Mr. LAU- by permitting permanent partners of SESSIONS, Mrs. SHAHEEN, Mr. SHELBY, TENBERG): United States citizens and lawful per- Ms. STABENOW, Mr. TESTER, Mr. S. Res. 125. A resolution designating April THUNE, Mr. TOOMEY, Mr. UDALL of 30, 2013, as ‘‘Dia de los Ninos: Celebrating manent residents to obtain lawful per- Colorado, Mr. UDALL of New Mexico, Young Americans’’; considered and agreed manent resident status in the same Mr. VITTER, Mr. WARNER, Mr. WHITE- to. manner as spouses of citizens and law- HOUSE, Mr. WICKER, and Mr. WYDEN): By Mr. REID (for Mr. LAUTENBERG): ful permanent residents and to penalize S. Res. 115. A resolution commending the S. Res. 126. A resolution recognizing the immigration fraud in connection with heroism, courage, and sacrifice of Sean Col- teachers of the United States for their con- permanent partnerships. lier, an officer in the Massachusetts Insti- tributions to the development and progress S. 313 tute of Technology Police Department, Mar- of our country; to the Committee on Health, tin Richard, an 8-year-old resident of Dor- Education, Labor, and Pensions. At the request of Mr. CASEY, the chester, Massachusetts, Krystle Campbell, a By Ms. AYOTTE (for herself and Mrs. name of the Senator from Kansas (Mr. native of Medford, Massachusetts, Lu Lingzi, SHAHEEN): ROBERTS) was added as a cosponsor of a student at Boston University, and all the S. Res. 127. A resolution commemorating S. 313, a bill to amend the Internal victims who are recovering from injuries the 10-year anniversary of the loss of the Revenue Code of 1986 to provide for the caused by the attacks in Boston, Massachu- State symbol of New Hampshire, the Old tax treatment of ABLE accounts estab- setts, including Richard Donohue, Jr., an of- Man of the Mountain; to the Committee on lished under State programs for the ficer in the Massachusetts Bay Transpor- the Judiciary. care of family members with disabil- tation Authority Transit Police Department; f considered and agreed to. ities, and for other purposes. By Mrs. FISCHER (for herself and Ms. ADDITIONAL COSPONSORS S. 338 KLOBUCHAR): At the request of Mr. BAUCUS, the S. 123 S. Res. 116. A resolution designating Sep- name of the Senator from Wisconsin At the request of Mrs. GILLIBRAND, tember 26, 2013, as ‘‘National Pediatric Brain (Ms. BALDWIN) was added as a cospon- the name of the Senator from Massa- Cancer Awareness Day’’; considered and sor of S. 338, a bill to amend the Land agreed to. chusetts (Ms. WARREN) was added as a and Water Conservation Fund Act of By Mr. CASEY (for himself and Mr. cosponsor of S. 123, a bill to modernize 1965 to provide consistent and reliable FRANKEN): voter registration, promote access to S. Res. 117. A resolution recognizing and authority for, and for the funding of, voting for individuals with disabilities, supporting the goals and ideals of National the land and water conservation fund protect the ability of individuals to ex- Sexual Assault Awareness and Prevention to maximize the effectiveness of the ercise the right to vote in elections for Month; to the Committee on the Judiciary. fund for future generations, and for Federal office, and for other purposes. By Ms. STABENOW (for herself, Mr. other purposes. UDALL of Colorado, Mr. ISAKSON, and S. 138 S. 367 Mr. JOHANNS): At the request of Mr. VITTER, the S. Res. 118. A resolution supporting the At the request of Mr. CARDIN, the designation of April as Parkinson’s Aware- name of the Senator from Ohio (Mr. name of the Senator from New Mexico PORTMAN) was added as a cosponsor of ness Month; considered and agreed to. (Mr. HEINRICH) was added as a cospon- By Mr. COONS (for Mr. WICKER (for S. 138, a bill to prohibit discrimination sor of S. 367, a bill to amend title XVIII himself, Mr. COONS, Mr. RUBIO, Mr. against the unborn on the basis of sex of the Social Security Act to repeal the BOOZMAN, Mr. COCHRAN, Mr. CARDIN, or gender, and for other purposes. Medicare outpatient rehabilitation Mr. INHOFE, Mr. KIRK, Mr. ISAKSON, S. 154 Mrs. MURRAY, Mr. DURBIN, Mr. LAU- therapy caps. At the request of Mr. COBURN, the TENBERG, Ms. MIKULSKI, and Mr. S. 375 BROWN)): name of the Senator from Kansas (Mr. At the request of Mr. TESTER, the S. Res. 119. A resolution supporting the MORAN) was added as a cosponsor of S. name of the Senator from California goals and ideals of World Malaria Day; con- 154, a bill to amend title I of the Pa- (Mrs. BOXER) was added as a cosponsor sidered and agreed to. tient Protection and Affordable Care of S. 375, a bill to require Senate can- By Mr. LEAHY (for Mr. WICKER (for Act to ensure that the coverage offered didates to file designations, state- himself, Mr. LEAHY, Mr. SCHUMER, under multi-State qualified health and Mr. GRASSLEY)): ments, and reports in electronic form. S. Res. 120. A resolution supporting the plans offered in Exchanges is con- S. 381 mission and goals of 2013 National Crime sistent with the Federal abortion fund- At the request of Mr. BROWN, the Victims’ Rights Week to increase public ing ban. name of the Senator from Texas (Mr. awareness of the rights, needs, and concerns S. 226 CORNYN) was added as a cosponsor of S. of, and services available to assist, victims At the request of Mr. TESTER, the 381, a bill to award a Congressional and survivors of crime in the United States; name of the Senator from Massachu- considered and agreed to. Gold Medal to the World War II mem- By Mrs. MCCASKILL (for herself and setts (Ms. WARREN) was added as a co- bers of the ‘‘Doolittle Tokyo Raiders’’, Mr. BLUNT): sponsor of S. 226, a bill to amend the for outstanding heroism, valor, skill, S. Res. 121. A resolution expressing support Family and Medical Leave Act of 1993 and service to the United States in for the designation of May 1, 2013, as ‘‘Silver to provide leave because of the death of conducting the bombings of Tokyo. Star Service Banner Day’’; considered and a son or daughter. S. 411 agreed to. S. 257 At the request of Mr. ROCKEFELLER, By Mr. UDALL of Colorado (for himself, Mr. CORNYN, Mr. REID, Mr. At the request of Mr. BOOZMAN, the the names of the Senator from Nevada MENENDEZ, Mr. UDALL of New Mex- name of the Senator from Alaska (Mr. (Mr. HELLER) and the Senator from ico, Mr. ENZI, and Mr. CRUZ): BEGICH) was added as a cosponsor of S. Michigan (Ms. STABENOW) were added S. Res. 122. A resolution recognizing the 257, a bill to amend title 38, United as cosponsors of S. 411, a bill to amend historic significance of the Mexican holiday States Code, to require courses of edu- the Internal Revenue Code of 1986 to of Cinco de Mayo; considered and agreed to. cation provided by public institutions extend and modify the railroad track By Ms. KLOBUCHAR (for herself and of higher education that are approved maintenance credit. Mr. FRANKEN): S. Res. 123. A resolution congratulating the for purposes of the educational assist- S. 462 University of Minnesota women’s ice hockey ance programs administered by the At the request of Mrs. BOXER, the team on winning its second straight Na- Secretary of Veterans Affairs to charge name of the Senator from Nevada (Mr.

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WYDEN) was added as a cosponsor of S. vania (Mr. CASEY) was added as a co- 462, a bill to enhance the strategic 728, a bill to amend the Internal Rev- sponsor of S. 805, a bill to improve com- partnership between the United States enue Code of 1986 to extend the exclu- pliance with mine and occupational and Israel. sion from gross income for employer- safety and health laws, and empower S. 502 provided health coverage for employ- workers to raise safety concerns, pre- At the request of Mr. CASEY, the ees’ spouses and dependent children to vent future mine and other workplace name of the Senator from Alaska (Mr. coverage provided to other eligible des- tragedies, and establish rights of fami- BEGICH) was added as a cosponsor of S. ignated beneficiaries of employees. lies of victims of workplace accidents, 502, a bill to assist States in providing S. 749 and for other purposes. voluntary high-quality universal pre- At the request of Mr. CASEY, the S. CON. RES. 15 kindergarten programs and programs name of the Senator from Kansas (Mr. At the request of Mr. HARKIN, the to support infants and toddlers. ROBERTS) was added as a cosponsor of names of the Senator from Connecticut S. 534 S. 749, a bill to amend the Internal (Mr. MURPHY) and the Senator from Ar- At the request of Mr. TESTER, the Revenue Code of 1986 to permanently kansas (Mr. PRYOR) were added as co- names of the Senator from Montana extend the 15-year recovery period for sponsors of S. Con. Res. 15, a concur- (Mr. BAUCUS), the Senator from New qualified leasehold improvement prop- rent resolution expressing the sense of Hampshire (Mrs. SHAHEEN) and the erty, qualified restaurant property, and Congress that the Chained Consumer Senator from Iowa (Mr. HARKIN) were qualified retail improvement property. Price Index should not be used to cal- added as cosponsors of S. 534, a bill to S. 751 culate cost-of-living adjustments for reform the National Association of At the request of Mr. COATS, the Social Security or veterans benefits, or Registered Agents and Brokers, and for name of the Senator from Wisconsin to increase the tax burden on low- and other purposes. (Mr. JOHNSON) was added as a cosponsor middle-income taxpayers. S. 541 of S. 751, a bill to amend the Food, Con- AMENDMENT NO. 746 At the request of Mr. HEINRICH, his servation, and Energy Act of 2008 to au- At the request of Mr. MERKLEY, the name was added as a cosponsor of S. thorize producers on a farm to produce name of the Senator from New Hamp- 541, a bill to prevent human health fruits and vegetables for processing on shire (Mrs. SHAHEEN) was added as a co- threats posed by the consumption of the base acres of the farm. sponsor of amendment No. 746 intended equines raised in the United States. S. 783 to be proposed to S. 743, a bill to re- At the request of Mr. WYDEN, the S. 577 store States’ sovereign rights to en- name of the Senator from Maine (Mr. At the request of Mr. NELSON, the force State and local sales and use tax KING) was added as a cosponsor of S. name of the Senator from New Jersey laws, and for other purposes. 783, a bill to amend the Helium Act to (Mr. MENENDEZ) was added as a cospon- AMENDMENT NO. 747 improve helium stewardship, and for sor of S. 577, a bill to amend title XVIII At the request of Mr. MERKLEY, the other purposes. of the Social Security Act to provide name of the Senator from New Hamp- S. 789 for the distribution of additional resi- shire (Mrs. SHAHEEN) was added as a co- dency positions, and for other pur- At the request of Mr. BAUCUS, the sponsor of amendment No. 747 intended poses. names of the Senator from Oregon (Mr. to be proposed to S. 743, a bill to re- WYDEN) and the Senator from Alaska S. 579 store States’ sovereign rights to en- (Ms. MURKOWSKI) were added as cospon- At the request of Mr. MENENDEZ, the force State and local sales and use tax sors of S. 789, a bill to grant the Con- laws, and for other purposes. name of the Senator from Mississippi gressional Gold Medal, collectively, to AMENDMENT NO. 749 (Mr. COCHRAN) was added as a cospon- the First Special Service Force, in rec- sor of S. 579, a bill to direct the Sec- ognition of its superior service during At the request of Mr. TOOMEY, the retary of State to develop a strategy to World War II. names of the Senator from Oregon (Mr. obtain observer status for Taiwan at MERKLEY) and the Senator from New S. 790 the triennial International Civil Avia- Hampshire (Mrs. SHAHEEN) were added At the request of Mrs. MCCASKILL, tion Organization Assembly, and for as cosponsors of amendment No. 749 in- the names of the Senator from Ten- other purposes. tended to be proposed to S. 743, a bill to nessee (Mr. CORKER) and the Senator S. 623 restore States’ sovereign rights to en- from Mississippi (Mr. COCHRAN) were force State and local sales and use tax At the request of Mr. CARDIN, the added as cosponsors of S. 790, a bill to laws, and for other purposes. name of the Senator from New Mexico require the United States International (Mr. HEINRICH) was added as a cospon- Trade Commission to recommend tem- AMENDMENT NO. 757 sor of S. 623, a bill to amend title XVIII porary duty suspensions and reductions At the request of Mrs. SHAHEEN, the of the Social Security Act to ensure to Congress, and for other purposes. name of the Senator from Oregon (Mr. the continued access of Medicare bene- S. 794 MERKLEY) was added as a cosponsor of ficiaries to diagnostic imaging serv- At the request of Mr. HOEVEN, the amendment No. 757 intended to be pro- ices. name of the Senator from New Mexico posed to S. 743, a bill to restore States’ S. 635 (Mr. HEINRICH) was withdrawn as a co- sovereign rights to enforce State and At the request of Mr. BROWN, the sponsor of S. 794, a bill to prevent an local sales and use tax laws, and for names of the Senator from Arkansas increase in flight delays and cancella- other purposes. (Mr. BOOZMAN), the Senator from Alas- tions, and for other purposes. AMENDMENT NO. 760 ka (Mr. BEGICH), the Senator from Ohio At the request of Mr. HOEVEN, the At the request of Ms. AYOTTE, the (Mr. PORTMAN) and the Senator from names of the Senator from Louisiana name of the Senator from Texas (Mr. Connecticut (Mr. MURPHY) were added (Mr. VITTER) and the Senator from Mis- CRUZ) was added as a cosponsor of as cosponsors of S. 635, a bill to amend souri (Mrs. MCCASKILL) were added as amendment No. 760 intended to be pro- the Gramm-Leach-Bliley Act to pro- cosponsors of S. 794, supra. posed to S. 743, a bill to restore States’ vide an exception to the annual written S. 798 sovereign rights to enforce State and privacy notice requirement. At the request of Mr. BROWN, the local sales and use tax laws, and for S. 675 name of the Senator from Illinois (Mr. other purposes. At the request of Ms. AYOTTE, the DURBIN) was added as a cosponsor of S. f name of the Senator from North Caro- 798, a bill to address equity capital re- lina (Mr. BURR) was added as a cospon- quirements for financial institutions, STATEMENTS ON INTRODUCED sor of S. 675, a bill to prohibit con- bank holding companies, subsidiaries, BILLS AND JOINT RESOLUTIONS tracting with the enemy. and affiliates, and for other purposes. By Mr. DONNELLY: S. 728 S. 805 S. 810. A bill to require a pilot pro- At the request of Mr. SCHUMER, the At the request of Mr. ROCKEFELLER, gram on an online computerized assess- name of the Senator from Oregon (Mr. the name of the Senator from Pennsyl- ment to enhance detection of behaviors

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3032 CONGRESSIONAL RECORD — SENATE April 25, 2013 indicating a risk of suicide and other erans and military members have com- up. Sometimes these problems affect mental health conditions in members mitted suicide since the Department of performance. The supervisor’s input of the Armed Forces, and for other pur- Defense began closely tracking these would help identify potential triggers poses; to the Committee on Armed numbers in 2009. It is important to note for stress and suicidal tendencies or Services. suicide is not necessarily linked to de- problems in work performance. Mr. DONNELLY. Mr. President, I ployments abroad. Since the Defense The results of the whole question- wish to take time to speak about an Department Suicide Prevention Office naire would be reviewed by mental important issue that needs immediate began keeping detailed records in 2008, health specialists. If problems or risk attention, suicide among our service- less than half of suicide victims had de- factors are identified, servicemembers members and veterans. Last year, we ployed and few were involved in com- would be referred to behavioral health lost more servicemen and women to bat. specialists for further evaluation and suicide than we lost in combat in Af- Most of DOD’s existing suicide pre- medical care. ghanistan. vention programs work within the con- I included in this legislation—and In 2012, approximately 349 members text of deployments. As we draw down this is critical—privacy protections to of the U.S. military, including Active- in Afghanistan and away from the ensure information collected through Duty, Guard, and Reserve, committed strain of multiple deployments, it is the survey is used only for medical pur- suicide—more than the total number of time to find a more integrated solution poses. It cannot be used for promotion, servicemembers who died in combat that does not rely on the deployment retention or disciplinary purposes. I operations. This number does not even cycle to the servicemember’s mental strongly believe a servicemember include the more than 6,000 veterans we health. Instead, research has shown should not bear any consequence for re- lost last year to suicide. This is unac- that other risk factors, such as rela- porting on their mental health or try- ceptable. This has to end. tionship issues, legal or financial issues ing to seek out mental health assist- Today, I am introducing my first bill or substance abuse play a larger role in ance. as a Senator, the Jacob Sexton Mili- suicides than a servicemember’s de- Finally, as I think we should expect tary Suicide Prevention Act of 2013. We ployment history. of all government programs and pro- are doing this to address this pervasive We have heard this firsthand from posals, my bill would require an assess- issue. This bill seeks to better identify crisis intervention officers right in my ment as to whether it is actually work- servicemembers struggling with men- home State of Indiana. Further, many ing. To determine the effectiveness of tal health issues and to ensure they re- of these suicide victims did not com- the program and the ways to move for- ceive the assistance they need before municate their intent to take their ward, this bill would require a report resorting to this tragic act. own life nor did they have known be- from the Department of Defense to I named this bill after a member of havioral health issues. Given the facts Congress on the impact of the program the Indiana National Guard, Jacob Sex- before us, what does the current men- in identifying behavioral health con- ton, a native of farmland Indiana, who tal health system look like? The cur- cerns and interventions in suicides. tragically took his life in 2009 while rent mental health systems for both We have lost far too many men and home on a 15-day leave from Afghani- Active and Retired military rely on a women such as Jacob. Let us come to- stan. His death came as a shock to his servicemember’s or a veteran’s willing- gether in a bipartisan fashion to honor family and his friends as well as his fel- ness to self-report suicidal thoughts the memories of Jacob and all those low Guard members. and to seek out assistance. The backup Americans we have lost by working to This is a picture of Jacob while on to this system is if family members, improve our ability to spot warning duty. He is an American hero. He did peers or coworkers identify changes in signs before it is too late. I urge my everything he could to serve his coun- behavior and then recommend their colleagues to support this legislation try and to help people from another loved one or friend seek assistance. on behalf of those who sacrifice so country, to help people around the How do we improve this system? The much for our Nation every day. world live a better life. Jacob Sexton Military Suicide Preven- A couple months ago, I heard from tion Act of 2013 would establish a pilot By Mrs. FEINSTEIN (for herself, Jacob’s dad Jeff, and I have since program in each of the military serv- Ms. STABENOW, and Ms. COL- learned about his childhood in Indiana, ices and also the Reserve components LINS): Jacob’s service to our Nation, and the to integrate annual mental health as- S. 820. A bill to provide for a uniform big heart he always showed through his sessments into a servicemember’s peri- national standard for the housing and dedication to bringing winter coats to odic health assessment—or PHA. That treatment of egg-laying hens, and for all the kids he met in Afghanistan dur- is an annual review designed to track other purposes; to the Committee on ing his deployment. whether a servicemember is fit to Agriculture, Nutrition, and Forestry. Jeff, along with his wife and Jacob’s serve. The pilot program would expand Mrs. FEINSTEIN. Mr. President, I mom Barbara, has since become an ad- that review to include a more detailed rise today to introduce the Egg Prod- vocate for suicide prevention. They mental health review and to identify ucts Inspection Act Amendments of want to make sure what happened to those risk factors for mental illness so 2013 with Agriculture Committee Jacob doesn’t happen to anyone else. servicemembers can receive preventive Chairwoman DEBBIE STABENOW and They helped inspire this bill, and I care and help. Senator COLLINS as original cospon- thank them for their dedication to pre- By building on the system that mon- sors. venting these tragedies for other par- itors the member from induction to This legislation establishes a single, ents and loved ones of men and women transition into veteran status, an ex- national standard for the humane in uniform. panded review, including a mental treatment of egg-laying hens. This is a collage made in honor of health assessment, would create a ho- The bill text represents a historic Jacob by his mom Barbara, and it is a listic picture of a servicemember’s compromise between the United Egg reflection of who he was, the things he readiness to serve. The servicemember Producers, who represent about 90 per- did, the people he served, and the won- can carry this record with them as cent of the eggs produced in the United derful spirit of ‘‘can do’’ and ‘‘how can they leave the service, and it could States, and the Humane Society, the I help my country’’ that permeated help inform any future claims for vet- Nation’s largest animal-welfare organi- who he was. My hope is we can help erans’ benefits. zation. men and women similar to Jacob who The Jacob Sexton Military Suicide The bill is supported by 14 agri- are struggling with mental health Prevention Act would also integrate a culture and egg producer groups, the issues to get the help they need before first-line supervisor’s input. The first- four major veterinary groups involved they resort to taking their own life. line supervisor plays an important role in avian medicine, five consumer orga- The facts on military suicides are in a servicemember’s life and may be nizations, and hundreds more groups stark. According to the Department of aware of relationships or financial nationwide. Veterans Affairs and the Centers for problems but not be able to address Nearly 10 years ago, voters started Disease Control, at least 30,000 vet- them unless the servicemember speaks taking an interest in insuring that

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3033 their eggs were being produced hu- In this agreement, egg producers and DNA evidence to exonerate the inno- manely. This resulted in State level the Humane Society have joined forces cent, to improve the performance of legislation and a number of initiatives, to meet consumer demand, address counsel in State capital cases, and for including Proposition 2 in California, concerns of the animal welfare commu- other purposes; to the Committee on to reform the agriculture industry. nity and resolve a decade-old struggle. the Judiciary. Many of these efforts were successful. The result is a bill widely supported by Mr. LEAHY. Mr. President, today, I State laws governing egg production the industry, animal welfare advocates am proud to introduce the Justice for were enacted in 6 states, and a patch- and consumers. All Reauthorization Act of 2013. The work of differing state-based regula- It is an example of commonsense co- Justice for All Act, originally enacted tion has emerged. operation in what has historically been in 2004, was an unprecedented bipar- Compounding the problem is the lack a contentious space. tisan piece of criminal justice legisla- of a standard for egg labeling. This This bill also reflects changes al- tion. It was the most significant step makes it difficult for consumers to ready being made because of consumer Congress had taken in many years to know exactly what they are purchasing demand. McDonalds, Burger King, improve the quality of justice in this and understand what the labels mean. Costco, Safeway and other companies country. I am pleased to be joined this This situation has two principal ef- are already phasing in new humane year by Senator CORNYN as an original fects. handling requirements for the produc- cosponsor of this legislation. I know First, the uncertainty stifles eco- tion of the food that they sell. that Senator CORNYN shares my com- nomic growth in this important indus- Further, a survey by an independent mitment to ensuring public confidence try. Egg producers now face difficult research company, the Bantam Group, in the integrity of the American jus- choices when it comes to investing in found that consumers support the in- tice system. their businesses. Why expand facilities dustry transitioning to larger cages It is fitting that we introduce this and invest in new technologies when with enrichments by a ratio of 12 to 1. bill now, during Crime Victims’ Rights rules may change and invalidate your Importantly, the Congressional week, as we honor the victims of crime investment? Why expand into new mar- Budget Office scores this legislation as across the country, and reaffirm our kets when those new markets may be having no cost, and a study by commitment to seeking justice on closed to you in just a few short years? Agralytica, a consulting firm, found their behalf. That commitment feels Second, consumers are limited in that this legislation would not have a particularly important now, in light of their ability to make choices. At the substantial price effect on consumers. this year’s horrific events in Boston supermarket, consumers are That means we can achieve these goals and Newtown. Nothing can eliminate bombarded with different labels, ‘‘hu- at little to no cost to taxpayers and the pain inflicted by those tragedies, manely-raised,’’ ‘‘cage-free,’’ and ‘‘all- consumers. but we can work together to ensure natural.’’ But the definitions of these This legislation has been endorsed by that the needs of those families are labels vary, and even when they are leading scientists in the egg industry, met so that they can find healing and consistent the terms are vague. One the American Veterinary Medical Asso- begin to rebuild their lives. person’s ‘‘all-natural’’ may not be an- ciation and the two leading avian vet- This legislation takes important other person’s ‘‘all-natural.’’ One com- erinary groups. Studies show these new steps to strengthen rights for victims pany’s ‘‘cage-free’’ may not be another cages can result in lower mortality and of crime. For example, it establishes an company’s ‘‘cage-free.’’ affirmative right to be informed of This legislation addresses both prob- higher productivity for hens, making their rights under the Crime Victims’ lems. them more efficient for egg producers. It increases the size of hen cages over As many of my colleagues know, the Rights Act and other key laws, and it the next 18 years and adds enrichments legislation was the subject of a June takes several steps to make it easier like perches and nests so chickens can 2012 Senate Agriculture Committee for crime victims to assert those rights engage in natural ‘‘chicken’’ behaviors, hearing. The hearing was attended by in court. In addition to being Crime Victims’ like scratching and nesting. egg farmers from around the country— It outlaws the practice of depriving Georgia, Michigan, California, Mis- Rights Week, today is National DNA hens of food and water, a once-common sissippi, Iowa, Indiana, Minnesota, Day and it is appropriate to acknowl- practice to increase egg production. Ohio—all united in their support for edge the power DNA testing has had in It sets minimum air quality stand- uniform regulations. improving our criminal justice system. ards for hen houses, protecting workers The Secretary of Agriculture himself One example of that impact has been in and birds. suggested that the legislation is a good the testing of rape kits. This legisla- It establishes clear requirements for example of ‘‘thinking differently,’’ and tion reauthorizes the Debbie Smith egg labeling so consumers know wheth- possibly even a way to get more Ameri- DNA Backlog Reduction Act, which er the eggs they buy come from hens cans to support the farm bill and other has provided significant funding to re- that are caged, cage-free, free-range, or rural issues. As he pointed out, egg duce the backlog of untested rape kits housed in enriched cages. producers deserve to know the rules of so that victims need not live in fear Farmers with 3,000 birds or fewer are the road while kits languish in storage. That exempted from the provisions of this The agreement in this bill is just the program is named after Debbie Smith legislation. sort of reasonable thinking and com- who waited years after being attacked Also, organic, cage-free and free- promise that we need more of in Wash- before her rape kit was tested and the range egg producers will be unaffected ington. perpetrator was caught. She and her by the housing provisions of the bill. I urge you to join me in supporting husband Rob have worked tirelessly to However, they may see increased sales, this legislation. ensure that others will not experience as consumers are able to more clearly the ordeal she went through. I thank tell what is available on store shelves By Mr. LEAHY (for himself and Debbie and Rob for their continuing as a result of the labeling provisions. Mr. CORNYN): help on this extremely important The legislation offers significant S. 822. A bill to protect crime vic- cause. phase-in time to allow producers to tims’ rights, to eliminate the substan- The legislation also includes signifi- make the necessary changes in the reg- tial backlog of DNA samples collected cant measures to improve the adminis- ular course of replacing their equip- from crime scenes and convicted of- tration of justice in our courts, includ- ment. It is my understanding that hen fenders, to improve and expand the ing the use of post-conviction DNA cages generally last 10 to 15 years. So DNA testing capacity of Federal, testing. The bill is built on the work I the 18-year phase-in included in the bill State, and local crime laboratories, to began in 2000, when I introduced the In- should offer sufficient time to imple- increase research and development of nocence Protection Act, which sought ment changes to enriched cages. new DNA testing technologies, to de- to ensure that defendants in the most This legislation is important in part velop new training programs regarding serious cases receive competent rep- because it represents a compromise be- the collection and use of DNA evidence, resentation and, where appropriate, ac- tween old adversaries. to provide post conviction testing of cess to post-conviction DNA testing

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3034 CONGRESSIONAL RECORD — SENATE April 25, 2013 necessary to prove their innocence in resentation. It requires the Depart- in section 503(c) of the Victims’ Rights and those cases where the system got it ment of Justice to assist States in de- Restitution Act of 1990 (42 U.S.C. 10607(c)) grievously wrong. veloping an effective and efficient sys- and provided contact information for the Of- The Innocence Protection Act be- tem of indigent defense. I know as a fice of the Victims’ Rights Ombudsman of came a key component of the Justice the Department of Justice.’’; former prosecutor, that the system (2) in subsection (d)(3), in the fifth sen- for All Act. The act also included vital only works as it should when each side tence, by inserting ‘‘, unless the litigants, provisions to ensure that crime victims is well represented by competent and with the approval of the court, have stipu- would have the rights and protections well-trained counsel. Fifty years after lated to a different time period for consider- they need and deserve and that States the Supreme Court’s landmark decision ation’’ before the period; and and communities would take major in Gideon v. Wainwright, it is past (3) in subsection (e)— steps to reduce the backlog of untested time to ensure that all criminal de- (A) by striking ‘‘this chapter, the term’’ rape kits and ensure prompt justice for fendants have effective representation and inserting the following: ‘‘this chapter: victims of sexual assault. These and ‘‘(1) COURT OF APPEALS.—The term ‘court of before government authority takes appeals’ means— other important criminal justice provi- away their liberty. ‘‘(A) the United States court of appeals for sions made the Justice for All Act a The bill also asks States to produce the judicial district in which a defendant is groundbreaking achievement in crimi- comprehensive plans for their criminal being prosecuted; or nal justice reform. justice systems, which will help to en- ‘‘(B) for a prosecution in the Superior The programs created by the Justice sure that criminal justice systems op- Court of the District of Columbia, the Dis- for All Act have had an enormous im- erate effectively as a whole and that trict of Columbia Court of Appeals. pact, and it is crucial that we reau- all parts of the system work together ‘‘(2) CRIME VICTIM.— thorize them. Unfortunately, it is clear ‘‘(A) IN GENERAL.—The term’’; and receive the resources they need. (B) by striking ‘‘In the case’’ and inserting that simply reauthorizing the existing The bill reauthorizes and improves the following: law is not enough. Significant prob- key grant programs in a variety of ‘‘(B) MINORS AND CERTAIN OTHER VICTIMS.— lems remain, and we must work to- areas throughout the criminal justice In the case’’; and gether to address them. system. Importantly, it increases au- (C) by adding at the end the following: In the years since the Justice for All thorized funding for the Paul Coverdell ‘‘(3) DISTRICT COURT; COURT.—The terms Act passed, we have seen too many Forensic Science Improvement Grant ‘district court’ and ‘court’ include the Supe- cases of people found to be innocent program, which is a vital program to rior Court of the District of Columbia.’’. after spending years in jail. A Cali- (b) CRIME VICTIMS FUND.—Section 1402(d)(3) assist forensic laboratories in per- of the Victims of Crime Act of 1984 (42 U.S.C. fornia man, Brian Banks, was exoner- forming the many forensic tests that 10601(d)(3) is amended— ated after spending five years in prison are essential to solving crimes and (1) by inserting ‘‘(A)’’ before ‘‘Of the for a rape he did not commit. He re- prosecuting perpetrators. sums’’; and cently signed with the Atlanta Falcons In these times of tight budgets, it is (2) by adding at the end the following: and will realize his dream of playing important to note that this bill would ‘‘(B) Amounts made available under sub- professional football. Brian’s story had make all of these improvements while paragraph (A) may not be used for any pur- a happy ending, but too many wrongly responsibly reducing the total author- pose that is not specified in subparagraph (A).’’. convicted people are not as lucky. It is ized funding under the Justice For All SEC. 3. AUTHORIZATION OF APPROPRIATIONS an outrage when an innocent person is Act and that many of these changes FOR GRANTS FOR CRIME VICTIMS. punished, and this injustice is com- will help States, communities, and the (a) CRIME VICTIMS LEGAL ASSISTANCE pounded when the true perpetrator re- Federal Government save money in the GRANTS.—Section 103(b) of the Justice for mains on the streets, able to commit long term. All Act of 2004 (Public Law 108–405; 118 Stat. more crimes. We are all less safe when I thank the many law enforcement 2264) is amended— the system gets it wrong. and criminal justice organizations that (1) in paragraph (1), by striking ‘‘$2,000,000’’ To that end, this legislation have helped to pinpoint the needed im- and all that follows through ‘‘2009’’ and inserting ‘‘$5,000,000 for each of fiscal years strengthens the Kirk Bloodsworth Post provements that this law attempts to 2014, 2015, 2016, 2017, and 2018’’; Conviction DNA Testing Grant Pro- solve and I appreciate their ongoing (2) in paragraph (2), by striking ‘‘$2,000,000’’ gram, one of the key programs created support in seeing it passed. and all that follows through ‘‘2009,’’ and in- in the Innocence Protection Act. Kirk Today, we rededicate ourselves to serting ‘‘$5,000,000 for each of fiscal years Bloodsworth was a young man just out building a criminal justice system in 2014, 2015, 2016, 2017, and 2018’’; of the Marines when he was arrested, which the innocent remain free, the (3) in paragraph (3), by striking ‘‘$300,000’’ convicted, and sentenced to death for a guilty are punished, and all sides have and all that follows through ‘‘2009,’’ and in- heinous crime that he did not commit. the tools, resources, and knowledge serting ‘‘$500,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018’’; He was the first person in the United they need to advance the cause of jus- (4) in paragraph (4), by striking ‘‘$7,000,000’’ States to be exonerated from a death tice. Americans need and deserve a and all that follows through ‘‘2009,’’ and in- row crime through the use of DNA evi- criminal justice system which keeps us serting ‘‘$11,000,000 for each of fiscal years dence. safe, ensures fairness and accuracy, 2014, 2015, 2016, 2017, and 2018’’; and This program provides grants to and fulfills the promise of our constitu- (5) in paragraph (5), by striking ‘‘$5,000,000’’ States for testing in cases like Kirk’s tion. This bill will take important and all that follows through ‘‘2009,’’ and in- where someone has been convicted, but steps to bring us closer to that goal. serting ‘‘$7,000,000 for each of fiscal years where significant DNA evidence was Mr. President, I ask unanimous con- 2014, 2015, 2016, 2017, and 2018’’. (b) CRIME VICTIMS NOTIFICATION GRANTS.— not tested. The last administration resent that the text of the bill be printed Section 1404E(c) of the Victims of Crime Act sisted implementing the program for in the RECORD. of 1984 (42 U.S.C. 10603e(c)) is amended by several years, but we worked hard to There being no objection, the text of striking ‘‘this see the program put into place. Now, the bill was ordered to be printed in section—’’ and all that follows and inserting money has gone out to a number of the RECORD, as follows: ‘‘this section $5,000,000 for each of fiscal States, and is having an impact. The S. 822 years 2014, 2015, 2016, 2017, and 2018.’’. legislation we introduce today clarifies SEC. 4. DEBBIE SMITH DNA BACKLOG GRANT Be it enacted by the Senate and House of Rep- PROGRAM. the conditions set for this program so resentatives of the United States of America in Section 2(j) of the DNA Analysis Backlog that participating States are required Congress assembled, Elimination Act of 2000 (42 U.S.C. 14135(j)) is to preserve key evidence, which is cru- SECTION 1. SHORT TITLE. amended by striking ‘‘fiscal years 2009 cial, but are given further guidance This Act may be cited as the ‘‘Justice for through 2014’’ and inserting ‘‘fiscal years 2014 about how to do so in a way that is at- All Reauthorization Act of 2013’’. through 2018’’ tainable and will allow more states to SEC. 2. CRIME VICTIMS’ RIGHTS. SEC. 5. RAPE EXAM PAYMENTS. (a) IN GENERAL.—Section 3771 of title 18, participate. Section 2010(d)(2) of title I of the Omnibus United States Code, is amended— Crime Control and Safe Streets Act of 1968 This legislation takes important (1) in subsection (a), by adding at the end (42 U.S.C. 3796gg–4(d)(2)) is amended by strik- steps to ensure that all criminal de- the following: ing ‘‘enactment of this Act’’ and inserting fendants, including those who cannot ‘‘(9) The right to be informed of the rights ‘‘enactment of the Violence Against Women afford a lawyer, receive effective rep- under this section and the services described Reauthorization Act of 2013’’.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3035 SEC. 6. ADDITIONAL REAUTHORIZATIONS. (2) by striking paragraph (2) and inserting Safe Streets Act of 1968 (42 U.S.C. 3752) is (a) DNA TRAINING AND EDUCATION FOR LAW the following: amended— ENFORCEMENT.—Section 303(b) of the Justice ‘‘(2) for eligible entities that are a State or (1) by inserting ‘‘(a) IN GENERAL.—’’ before for All Act of 2004 (42 U.S.C. 14136(b)) is unit of local government, provide a certifi- ‘‘To request a grant’’; and amended by striking ‘‘$12,500,000 for each of cation by the chief legal officer of the State (2) by adding at the end the following: fiscal years 2009 through 2014’’ and inserting in which the eligible entity operates or the ‘‘(6) A comprehensive State-wide plan de- ‘‘$5,000,000 for each of fiscal years 2014 chief legal officer of the jurisdiction in tailing how grants received under this sec- through 2018’’. which the funds will be used for the purposes tion will be used to improve the administra- (b) SEXUAL ASSAULT FORENSIC EXAM PRO- of the grants, that the State or jurisdiction of the criminal justice system, which GRAM GRANTS.—Section 304(c) of the Justice tion— shall— for All Act of 2004 (42 U.S.C. 14136a(c)) is ‘‘(A) provides DNA testing of specified evi- ‘‘(A) be designed in consultation with local amended by striking ‘‘$30,000,000 for each of dence under a State statute or a State or governments, and all segments of the crimi- 2014 through 2018’’ and inserting ‘‘$15,000,000 local rule or regulation to persons convicted nal justice system, including judges, pros- for each of fiscal years 2014 through 2018’’. after trial and under a sentence of imprison- ecutors, law enforcement personnel, correc- (c) DNA RESEARCH AND DEVELOPMENT.— ment or death for a State felony offense, in tions personnel, and providers of indigent de- Section 305(c) of the Justice for All Act of a manner intended to ensure a reasonable fense services, victim services, juvenile jus- 2004 (42 U.S.C. 14136b(c)) is amended by strik- process for resolving claims of actual inno- tice delinquency prevention programs, coming ‘‘$15,000,000 for each of fiscal years 2005 cence that ensures post-conviction DNA test- munity corrections, and reentry services; through 2009’’ and inserting ‘‘$5,000,000 for ing in at least those cases that would be cov- ‘‘(B) include a description of how the State each of fiscal years 2014 through 2018’’. ered by section 3600(a) of title 18, United will allocate funding within and among each (d) FBI DNA PROGRAMS.—Section 307(a) of States Code, had they been Federal cases, of the uses described in subparagraphs (A) the Justice for All Act of 2004 (Public Law and, if the results of the testing exclude the through (G) of section 501(a)(1); 108–405; 118 Stat. 2275) is amended by striking applicant as the perpetrator of the offense, ‘‘(C) describe the process used by the State ‘‘$42,100,000 for each of fiscal years 2005 permits the applicant to apply for post-con- for gathering evidence-based data and devel- through 2009’’ and inserting ‘‘$10,000,000 for viction relief, notwithstanding any provision oping and using evidence-based and evidence- each of fiscal years 2014 through 2018’’. of law that would otherwise bar the applica- gathering approaches in support of funding (e) DNA IDENTIFICATION OF MISSING PER- tion as untimely; and decisions; and SONS.—Section 308(c) of the Justice for All ‘‘(B) preserves biological evidence, as de- ‘‘(D) be updated every 5 years, with annual Act of 2004 (42 U.S.C. 14136d(c)) is amended by fined in section 3600A of title 18, United progress reports that— striking ‘‘fiscal years 2005 through 2009’’ and States Code, under a State statute or a State ‘‘(i) address changing circumstances in the inserting ‘‘fiscal years 2014 through 2018’’. or local rule, regulation, or practice in a State, if any; SEC. 7. PAUL COVERDELL FORENSIC SCIENCES manner intended to ensure that reasonable ‘‘(ii) describe how the State plans to adjust IMPROVEMENT GRANTS. measures are taken by the State or jurisdic- funding within and among each of the uses Section 1001(a)(24) of title I of the Omnibus tion to preserve biological evidence secured described in subparagraphs (A) through (G) Crime Control and Safe Streets Act of 1968 in relation to the investigation or prosecu- of section 501(a)(1); (42 U.S.C. 3793(a)(24)) is amended— tion of, at a minimum, murder, non-neg- ‘‘(iii) provide an ongoing assessment of (1) in subparagraph (H), by striking ‘‘and’’ ligent manslaughter and sexual offenses.’’. need; at the end; (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iv) discuss the accomplishment of goals (2) in subparagraph (I), by striking the pe- Section 412(b) of the Justice for All Act of identified in any plan previously prepared riod at the end and inserting ‘‘; and’’; and 2004 (42 U.S.C. 14136e(b)) is amended by strik- under this paragraph; and (3) by adding at the end the following: ing ‘‘$5,000,000 for each of fiscal years 2005 ‘‘(v) reflect how the plan influenced fund- ‘‘(J) $25,000,000 for each of fiscal years 2014 through 2009’’ and inserting ‘‘$10,000,000 for ing decisions in the previous year. through 2018.’’. each of fiscal years 2014 through 2018’’. ‘‘(b) TECHNICAL ASSISTANCE.— SEC. 8. IMPROVING THE QUALITY OF REPRESEN- ‘‘(1) STRATEGIC PLANNING.—Not later than TATION IN STATE CAPITAL CASES. SEC. 11. ESTABLISHMENT OF BEST PRACTICES 90 days after the date of enactment of this FOR EVIDENCE RETENTION. Section 426 of the Justice for All Act of subsection, the Attorney General shall begin (a) IN GENERAL.—Subtitle A of title IV of 2004 (42 U.S.C. 14163e) is amended— to provide technical assistance to States and the Justice for All Act of 2004 (Public Law (1) in subsection (a), by striking local governments requesting support to de- 108–405; 118 Stat. 2278) is amended by adding ‘‘$75,000,000 for each of fiscal years 2005 velop and implement the strategic plan re- at the end the following: through 2009’’ and inserting ‘‘$30,000,000 for quired under subsection (a)(6). ‘‘SEC. 414. ESTABLISHMENT OF BEST PRACTICES each of fiscal years 2014 through 2018’’; and ‘‘(2) PROTECTION OF CONSTITUTIONAL FOR EVIDENCE RETENTION. (2) in subsection (b), by inserting before RIGHTS.—Not later than 90 days after the ‘‘(a) IN GENERAL.—The Director of the Na- the period at the end the following: ‘‘, or date of enactment of this subsection, the At- tional Institute of Justice, in consultation upon a showing of good cause, and at the dis- torney General shall begin to provide tech- with Federal, State, and local law enforce- cretion of the Attorney General, the State nical assistance to States and local government agencies and government laboratories, may determine a fair allocation of funds ments, including any agent thereof with re- shall— across the uses described in sections 421 and sponsibility for administration of justice, re- ‘‘(1) establish best practices for evidence 422’’. questing support to meet the obligations es- retention to focus on the preservation of bio- SEC. 9. POST-CONVICTION DNA TESTING. tablished by the Sixth Amendment to the logical evidence; and (a) IN GENERAL.—Section 3600 of title 18, Constitution of the United States, which ‘‘(2) assist State, local, and tribal govern- United States Code, is amended— shall include— ments in adopting and implementing the (1) in subsection (a)— ‘‘(A) public dissemination of practices, best practices established under paragraph (A) in paragraph (1)(B)(i), by striking structures, or models for the administration (1). ‘‘death’’; and of justice consistent with the requirements ‘‘(b) DEADLINE.—Not later than 1 year after (B) in paragraph (3)(A), by striking ‘‘and of the Sixth Amendment; and the date of enactment of this section, the Di- the applicant did not—’’ and all that follows ‘‘(B) assistance with adopting and imple- rector of the National Institute of Justice through ‘‘knowingly fail to request’’ and in- menting a system for the administration of shall publish the best practices established serting ‘‘and the applicant did not knowingly justice consistent with the requirements of under subsection (a)(1). fail to request’’; and the Sixth Amendment. ‘‘(c) LIMITATION.—Nothing in this section (2) in subsection (g)(2)(B), by striking ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— shall be construed to require or obligate ‘‘death’’. There is authorized to be appropriated compliance with the best practices estab- (b) PRESERVATION OF BIOLOGICAL EVI- $5,000,000 for each of fiscal years 2014 through lished under subsection (a)(1).’’. DENCE.—Section 3600A(c) of title 18, United 2018 to carry out this subsection.’’. (b) TECHNICAL AND CONFORMING AMEND- States Code, is amended— (c) APPLICABILITY.—The requirement to MENT.—The table of contents in section 1(b) (1) by striking paragraph (2); and submit a strategic plan under section of the Justice for All Act of 2004 (Public Law (2) by redesignating paragraphs (3), (4), and 501(a)(6) of title I of the Omnibus Crime Con- 108–405; 118 Stat. 2260) is amended by insert- (5) as paragraphs (2), (3), and (4), respec- trol and Safe Streets Act of 1968, as added by ing after the item relating to section 413 the tively. subsection (b), shall apply to any application following: SEC. 10. INCENTIVE GRANTS TO STATES TO EN- submitted under such section 501 for a grant SURE CONSIDERATION OF CLAIMS ‘‘Sec. 414. Establishment of best practices for any fiscal year beginning after the date OF ACTUAL INNOCENCE. for evidence retention.’’. that is 1 year after the date of enactment of (a) IN GENERAL.—Section 413 of the Justice SEC. 12. EFFECTIVE ADMINISTRATION OF CRIMI- this Act. for All Act of 2004 (42 U.S.C. 14136 note) is NAL JUSTICE. SEC. 13. OVERSIGHT AND ACCOUNTABILITY. amended— (a) SHORT TITLE.—This section may be All grants awarded by the Department of (1) in the matter preceding paragraph (1), cited as the ‘‘Effective Administration of Justice that are authorized under this Act by striking ‘‘fiscal years 2005 through 2009’’ Criminal Justice Act of 2013’’. shall be subject to the following: and inserting ‘‘fiscal years 2014 through (b) STRATEGIC PLANNING.—Section 502 of (1) AUDIT REQUIREMENT.—Beginning in fis- 2018’’; and title I of the Omnibus Crime Control and cal year 2014, and each fiscal year thereafter,

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3036 CONGRESSIONAL RECORD — SENATE April 25, 2013 the Inspector General of the Department of General or by any individual or organization programs for homeless veterans must Justice shall conduct audits of recipients of awarded discretionary funds through a coop- modernize to ensure that they are grants under this Act to prevent waste, erative agreement under this Act, to host or meeting the needs of the homeless vet- fraud, and abuse of funds by grantees. The support any expenditure for conferences that erans they are serving. With increasing Inspector General shall determine the appro- uses more than $20,000 in Department funds, numbers of women joining the military priate number of grantees to be audited each unless the Deputy Attorney General or the year. appropriate Assistant Attorney General, Di- and eventually becoming veterans, VA (2) MANDATORY EXCLUSION.—A recipient of rector, or principal deputy as the Deputy At- is facing a growing homeless women grant funds under this Act that is found to torney General may designate, provides prior veteran population. Many of these have an unresolved audit finding shall not be written authorization that the funds may be women are single mothers or have ex- eligible to receive grant funds under this Act expended to host a conference. perienced military sexual trauma, during the 2 fiscal years beginning after the (B) WRITTEN APPROVAL.—Written approval making their housing needs even more 12-month period described in paragraph (5). under subparagraph (A) shall include a writ- complex. (3) PRIORITY.—In awarding grants under ten estimate of all costs associated with the The Government Accountability Of- this Act, the Attorney General shall give pri- conference, including the cost of all food and fice and VA’s Office of the Inspector ority to eligible entities that, during the 3 beverages, audio/visual equipment, honoraria General both found that homeless fiscal years before submitting an application for speakers, and any entertainment. women veterans were not able to safely for a grant under this Act, did not have an (C) REPORT.—The Deputy Attorney General unresolved audit finding showing a violation shall submit an annual report to the Com- access services through VA’s transi- in the terms or conditions of a Department mittee on the Judiciary of the Senate and tional housing programs. The Homeless of Justice grant program. the Committee on the Judiciary of the House Veterans Prevention Act of 2013 would (4) REIMBURSEMENT.—If an entity is award- of Representatives on all conference expendi- remove these barriers by requiring ed grant funds under this Act during the 2- tures approved by operation of this para- grantees to ensure that facilities can fiscal-year period in which the entity is graph. safely serve the needs of the popu- barred from receiving grants under para- (9) PROHIBITION ON LOBBYING ACTIVITY.— lations that will be living there. It also graph (2), the Attorney General shall— (A) IN GENERAL.—Amounts authorized to be (A) deposit an amount equal to the grant would allow VA to reimburse grantees appropriated under this Act may not be uti- for housing the children of homeless funds that were improperly awarded to the lized by any grant recipient to— grantee into the General Fund of the Treas- (i) lobby any representative of the Depart- veterans, keeping families together ury; and ment of Justice regarding the award of grant and encouraging parents to come forth (B) seek to recoup the costs of the repay- funding; or and be housed without having to worry ment to the fund from the grant recipient (ii) lobby any representative of a Federal, about splitting their families up. that was erroneously awarded grant funds. state, local, or tribal government regarding As VA focuses on resolving homeless- (5) DEFINED TERM.—In this section, the the award of grant funding. ness, instead of just managing it, hous- term ‘‘unresolved audit finding’’ means an (B) PENALTY.—If the Attorney General de- ing stability is increasingly a focus. audit report finding in the final audit report termines that any recipient of a grant under of the Inspector General of the Department This bill also modifies the transitional this Act has violated subparagraph (A), the of Justice that the grantee has utilized grant housing program to allow VA to Attorney General shall— funds for an unauthorized expenditure or (i) require the grant recipient to repay the incentivize grantees to avoid the chal- otherwise unallowable cost that is not closed grant in full; and lenges that veterans completing time- or resolved within a 12-month period begin- (ii) prohibit the grant recipient from re- limited transitional housing programs ning on the date when the final audit report ceiving another grant under this Act for not can face as they search for permanent is issued. less than 5 years. housing. More specifically, this bill al- (6) NONPROFIT ORGANIZATION REQUIRE- lows VA to focus on housing stability MENTS.— By Mr. SANDERS (for himself (A) DEFINITION.—For purposes of this sec- by allowing certain transitional hous- tion and the grant programs described in and Mr. BURR): ing grantees to turn a portion of their this Act, the term ‘‘ ‘nonprofit organiza- S. 825. A bill to amend title 38, transitional housing units into perma- tion’ ’’ means an organization that is de- United States Code, to improve the nent housing units as veterans are sta- scribed in section 501(c)(3) of the Internal provision of services for homeless vet- bilized and linked to support services. Revenue Code of 1986 and is exempt from tax- erans, and for other purposes; to the Access to stable and safe housing is a ation under section 501(a) of such Code. Committee on Veterans’ Affairs. priority, but it is also critical to find (B) PROHIBITION.—The Attorney General Mr. SANDERS. Mr. President, as shall not award a grant under any grant pro- ways to prevent homelessness among Chairman of the Senate Committee on veterans who are at-risk of becoming gram described in this Act to a nonprofit or- Veterans’ Affairs, I rise to introduce ganization that holds money in offshore ac- homeless. This bill would also increase counts for the purpose of avoiding paying the the Homeless Veterans Prevention Act access to legal services and dental care tax described in section 511(a) of the Internal of 2013. I would like to thank Ranking for our veterans, two things that home- Revenue Code of 1986. Member BURR for joining me to intro- less veterans themselves have identi- (C) DISCLOSURE.—Each nonprofit organiza- duce this bill. At a time when too fied as unmet needs. Access to these tion that is awarded a grant under a grant many veterans are sleeping in the services would greatly increase their program described in this Act and uses the streets, in cars, and on couches, the chances of finding gainful employment, procedures prescribed in regulations to cre- Department of Veterans Affairs has ate a rebuttable presumption of reasonable- avoid foreclosure or eviction, obtain ness for the compensation of its officers, di- taken on an aggressive initiative to identification, and deal with legal rectors, trustees and key employees, shall end homelessness among veterans by issues that have resulted from the disclose to the Attorney General, in the ap- 2015. criminalization of homelessness, plication for the grant, the process for deter- This high level commitment has led among other things. mining such compensation, including the to a 17 percent decrease in the home- Veterans have a number of services independent persons involved in reviewing less veteran population between 2009 and resources available to meet their and approving such compensation, the com- and 2012. These declining numbers are a needs. At its very simplest, homeless- parability data used, and contemporaneous reflection of the combined efforts of ness among veterans is preventable substantiation of the deliberation and deci- VA and its Federal, State, Local, Trib- sion. Upon request, the Attorney General when all of these programs work to- shall make the information disclosed under al, and community partners as they gether to lift a veteran up. Conversely, this subsection available for public inspec- work to eliminate veteran homeless- homelessness occurs when a veteran tion. ness by 2015. However on one night in slips through the cracks. We cannot sit (7) ADMINISTRATIVE EXPENSES.—Unless oth- January 2012, an estimated 62,000 vet- by idly and allow another veteran to erwise explicitly provided in authorizing leg- erans were still without a place to call slip through the cracks. We must reach islation, not more than 7.5 percent of the home. We must continue to work to- out and let them know when, where amounts authorized to be appropriated under ward removing any remaining barriers and how to get the help that they need this Act may be used by the Attorney Gen- to housing for veterans. and that they have earned. eral for salaries and administrative expenses The legislation we are introducing of the Department of Justice. This is not a full summary of all the (8) CONFERENCE EXPENDITURES.— today would reaffirm this commitment provisions within this legislation. How- (A) LIMITATION.—No amounts authorized to by improving upon VA’s programs to ever, I hope that I have provided an ap- be appropriated to the Department of Justice prevent and end homelessness among propriate overview of the major bene- under this Act may be used by the Attorney veterans. VA’s transitional housing fits this legislation would provide.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3037 Mr. President, I ask unanimous con- entity described in paragraph (1)) may re- SEC. 8. PARTNERSHIPS WITH PUBLIC AND PRI- sent that the text of the bill be printed ceive per diem payments under this sub- VATE ENTITIES TO PROVIDE LEGAL SERVICES TO HOMELESS VETERANS in the RECORD. section may include furnishing care for a dependent of a homeless veteran who is under AND VETERANS AT RISK OF HOME- There being no objection, the text of LESSNESS. the care of such homeless veteran while such the bill was ordered to be printed in (a) IN GENERAL.—Chapter 20 of title 38, homeless veteran receives services from the United States Code, is amended by inserting the RECORD, as follows: grant recipient (or entity).’’. S. 825 after section 2022 the following new section: SEC. 5. REQUIREMENT FOR DEPARTMENT OF Be it enacted by the Senate and House of Rep- VETERANS AFFAIRS TO ASSESS COM- ‘‘§ 2022A. Partnerships with public and pri- resentatives of the United States of America in PREHENSIVE SERVICE PROGRAMS vate entities to provide legal services to Congress assembled, FOR HOMELESS VETERANS. homeless veterans and veterans at risk of homelessness SECTION 1. SHORT TITLE. (a) IN GENERAL.—Not later than one year This Act may be cited as the ‘‘Homeless after the date of the enactment of this Act, ‘‘(a) PARTNERSHIPS AUTHORIZED.—Subject Veterans Prevention Act of 2013’’. the Secretary of Veterans Affairs shall as- to the availability of funds for that purpose, SEC. 2. IMPROVEMENTS TO GRANT PROGRAM sess and measure the capacity of programs the Secretary may enter into partnerships FOR COMPREHENSIVE SERVICE for which entities receive grants under sec- with public or private entities to fund a por- PROGRAMS FOR HOMELESS VET- tion 2011 of title 38, United States Code, or tion of the general legal services specified in ERANS. subsection (c) that are provided by such enti- (a) MODIFICATION OF AUTHORITY TO PROVIDE per diem payments under section 2012 or 2061 ties to homeless veterans and veterans at CAPITAL IMPROVEMENT GRANTS FOR PRO- of such title. risk of homelessness. GRAMS THAT ASSIST HOMELESS VETERANS.— (b) ASSESSMENT AT NATIONAL AND LOCAL ‘‘(b) LOCATIONS.—The Secretary shall en- Subsection (a) of section 2011 of title 38, LEVELS.—In assessing and measuring under sure that, to the extent practicable, partner- United States Code, is amended, in the mat- subsection (a), the Secretary shall develop ships under this section are made with enti- ter before paragraph (1)— and use tools to examine the capacity of pro- ties equitably distributed across the geo- (1) by striking ‘‘or modifying’’ and insert- grams described in such subsection at both graphic regions of the United States, including ‘‘, modifying, or maintaining’’; and the national and local level in order to assess ing rural communities and tribal lands. (2) by inserting ‘‘privately, safely, and se- the following: ‘‘(c) LEGAL SERVICES.—Legal services spec- curely,’’ before ‘‘the following’’. (1) Whether sufficient capacity exists to (b) REQUIREMENT THAT RECIPIENTS OF meet the needs of homeless veterans in each ified in this subsection include legal services GRANTS MEET PHYSICAL PRIVACY, SAFETY, geographic area. provided by public or private entities that AND SECURITY NEEDS OF HOMELESS VET- (2) Whether existing capacity meets the address the needs of homeless veterans and ERANS.—Subsection (f) of such section is needs of the subpopulations of homeless vet- veterans at risk of homelessness as follows: amended by adding at the end the following erans located in each geographic area. ‘‘(1) Legal services related to housing, in- new paragraph: (3) The amount of capacity that recipients cluding eviction defense and representation ‘‘(6) To meet the physical privacy, safety, of grants under sections 2011 and 2061 and per in landlord-tenant cases. and security needs of homeless veterans re- diem payments under section 2012 of such ‘‘(2) Legal services related to family law, ceiving services through the project.’’. title have to provide services for which the including assistance in court proceedings for SEC. 3. INCREASED PER DIEM PAYMENTS FOR recipients are eligible to receive per diem child support, divorce, and estate planning. TRANSITIONAL HOUSING ASSIST- under section 2012(a)(2)(B)(ii) of title 38, ‘‘(3) Legal services related to income sup- ANCE THAT BECOMES PERMANENT United States Code, as added by section port, including assistance in obtaining pub- HOUSING FOR HOMELESS VET- 3(5)(B). lic benefits. ERANS. ‘‘(4) Legal services related to criminal de- (c) USE OF INFORMATION.—The Secretary Section 2012(a)(2) of title 38, United States fense, including defense in matters sympto- shall use the information collected under Code, is amended— matic of homelessness, such as outstanding this section as follows: (1) by redesignating subparagraphs (B) warrants, fines, and driver’s license revoca- (1) To set specific goals to ensure that pro- through (D) as subparagraphs (C) through tion, to reduce recidivism and facilitate the grams described in subsection (a) are effec- (E), respectively; overcoming of reentry obstacles in employ- tively serving the needs of homeless vet- (2) in subparagraph (C), as redesignated, by ment or housing. erans. striking ‘‘in subparagraph (D)’’ and inserting ‘‘(d) CONSULTATION.—In developing and car- (2) To assess whether programs described ‘‘in subparagraph (E)’’; rying out partnerships under this section, in subsection (a) are meeting goals set under (3) in subparagraph (D), as redesignated, by the Secretary shall, to the extent prac- paragraph (1). striking ‘‘under subparagraph (B)’’ and in- ticable, consult with public and private enti- (3) To inform funding allocations for pro- serting ‘‘under subparagraph (C)’’; ties— grams described in subsection (a). (4) in subparagraph (E), as redesignated, by ‘‘(1) for assistance in identifying and con- (4) To improve the referral of homeless vet- striking ‘‘in subparagraphs (B) and (C)’’ and tacting organizations described in subsection erans to programs described in subsection inserting ‘‘in subparagraphs (C) and (D)’’; (c); and (a). and ‘‘(2) to coordinate appropriate outreach re- (5) in subparagraph (A)— (d) REPORT.—Not later than 180 days after lationships with such organizations. (A) by striking ‘‘The rate’’ and inserting the date on which the assessment required ‘‘(e) REPORTS.—The Secretary may require ‘‘Except as otherwise provided in subpara- by subsection (b) is completed, the Secretary entities that have entered into partnerships graph (B), the rate’’; and shall submit to the Committee on Veterans’ under this section to submit to the Sec- (B) by striking ‘‘under subparagraph (B)’’ Affairs of the Senate and the Committee on retary periodic reports on legal services pro- and all that follows through the end and in- Veterans’ Affairs of the House of Representa- vided to homeless veterans and veterans at serting the following: ‘‘under subparagraph tives a report on such assessment and such risk of homelessness pursuant to such part- (C). recommendations for legislative and admin- nerships.’’. ‘‘(B)(i) Except as provided in clause (ii), in istrative action as the Secretary may have (b) CLERICAL AMENDMENT.—The table of no case may the rate determined under this to improve the programs and per diem pay- sections at the beginning of chapter 20 of paragraph exceed the rate authorized for ments described in subsection (a). such title is amended by adding after the State homes for domiciliary care under sub- SEC. 6. REPEAL OF REQUIREMENT FOR ANNUAL item relating to section 2022 the following section (a)(1)(A) of section 1741 of this title, REPORTS ON ASSISTANCE TO HOME- new item: as the Secretary may increase from time to LESS VETERANS. time under subsection (c) of that section. ‘‘2022A. Partnerships with public and private (a) IN GENERAL.—Section 2065 of title 38, entities to provide legal serv- ‘‘(ii) In the case of services furnished to a United States Code, is hereby repealed. homeless veteran who is placed in housing ices to homeless veterans and that will become permanent housing for the (b) CLERICAL AMENDMENT.—The table of veterans at risk of homeless- veteran upon termination of the furnishing sections at the beginning of chapter 20 of ness.’’. of such services to such veteran, the max- such title is amended by striking the item SEC. 9. EXPANSION OF DEPARTMENT OF VET- imum rate of per diem authorized under this relating to section 2065. ERANS AFFAIRS AUTHORITY TO section is 150 percent of the rate described in SEC. 7. REPEAL OF SUNSET ON AUTHORITY TO PROVIDE DENTAL CARE TO HOME- LESS VETERANS. clause (i).’’. CARRY OUT PROGRAM OF REFER- Subsection (b) of section 2062 of title 38, SEC. 4. AUTHORIZATION OF PER DIEM PAYMENTS RAL AND COUNSELING SERVICES FOR FURNISHING CARE TO DEPEND- FOR VETERANS AT RISK FOR HOME- United States Code, is amended to read as ENTS OF CERTAIN HOMELESS VET- LESSNESS WHO ARE TRANSITIONING follows: ERANS. FROM CERTAIN INSTITUTIONS. ‘‘(b) ELIGIBLE VETERANS.—(1) Subsection Subsection (a) of section 2012 of title 38, Section 2023 of title 38, United States Code, (a) applies to a veteran who— United States Code, is amended by adding at is amended— ‘‘(A) is enrolled for care under section the end the following new paragraph: (1) by striking subsection (d); and 1705(a) of this title; and ‘‘(4) Services for which a recipient of a (2) by redesignating subsection (e) as sub- ‘‘(B) for a period of 60 consecutive days, is grant under section 2011 of this title (or an section (d). receiving—

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3038 CONGRESSIONAL RECORD — SENATE April 25, 2013 ‘‘(i) assistance under section 8(o) of the FRANKEN, Mr. BENNET, Ms. Internal Revenue Service, the EITC United States Housing Act of 1937 (42 U.S.C. WARREN, Mr. JOHNSON of South lifted 6.6 million Americans out of pov- 1437f(o)); or Dakota, Mr. MERKLEY, and Mr. erty, 3.3 million of whom were chil- ‘‘(ii) care (directly or by contract) in any MURPHY): dren. of the following settings: ‘‘(I) A domiciliary under section 1710 of S. 836. A bill to amend the Internal In Illinois last year, 1 million tax- this title. Revenue Code of 1986 to strengthen the payers claimed the EITC and received ‘‘(II) A therapeutic residence under section earned income tax credit and make an average credit of about $2,300. That 2032 of this title. permanent certain tax provisions under money isn’t a hand-out, it is food on ‘‘(III) Community residential care coordi- the American Recovery and Reinvest- the table, school clothes for children nated by the Secretary under section 1730 of ment Act of 2009; to the Committee on and maybe a little bit leftover to buy this title. Finance. Christmas presents. ‘‘(IV) A setting for which the Secretary Mr. DURBIN. Mr. President, today, When Ronald Reagan signed the 1986 provides funds for a grant and per diem provider. Senator BROWN and I are introducing Tax Reform package, he had this to say ‘‘(2) For purposes of paragraph (1), in deter- important legislation to extend tax re- about its provisions that expanded the mining whether a veteran has received as- lief to working families: The Working EITC: sistance or care for a period of 60 consecutive Families Tax Relief Act of 2013. The Earned Income Tax Credit is the best days, the Secretary may disregard breaks in This legislation will ensure that anti-poverty, the best pro-family, the best the continuity of assistance or care for taxes do not increase on working fami- job creation measure to come out of Con- which the veteran is not responsible.’’. lies in the coming years, and will ex- gress. SEC. 10. EXTENSIONS OF AUTHORITIES. pand an effective incentive to work. I could not have said it better myself. (a) COMPREHENSIVE SERVICE PROGRAMS.— The Working Families Tax Relief Act I thank Senator BROWN for his lead- Section 2013 of title 38, United States Code, of 2013 is pro-family, pro-work legisla- ership on this, as a new member of the is amended by striking paragraphs (4) through (6) and inserting the following: tion that would permanently extend Finance Committee. ‘‘(4) $250,000,000 for each of fiscal years 2012 critical refundable tax credit provi- I look forward to working with him through 2014. sions that have helped lift millions of and many of my colleagues to ensure ‘‘(5) $150,000,000 for fiscal year 2015 and each working families out of poverty. that these provisions are included in subsequent fiscal year.’’. These provisions were only extended tax reform. (b) HOMELESS VETERANS REINTEGRATION for 5 years in the American Taxpayer PROGRAMS.—Section 2021(e)(1)(F) of such Relief Act, the same bill that perma- By Mr. HARKIN (for himself, Mr. title is amended by striking ‘‘2013’’ and in- nently lowered the estate tax for the LEAHY, Mr. BROWN, Mr. TESTER, serting ‘‘2014’’. Mr. CASEY, Ms. KLOBUCHAR, Mr. (c) TREATMENT AND REHABILITATION FOR wealthiest Americans. UDALL of New Mexico, Mr. SERIOUSLY MENTALLY ILL AND HOMELESS The Child Tax Credit, CTC, and the VETERANS.—Section 2031(b) of such title is Earned Income Tax Credit, EITC, are MERKLEY, Mr. FRANKEN, and amended by striking ‘‘December 31, 2013’’ and refundable tax credits that encourage Mr. JOHNSON of South Dakota): inserting ‘‘December 31, 2014’’. work, help families make ends meet, S. 837. A bill to expand and improve (d) CENTERS FOR THE PROVISION OF COM- and lead to healthier and better edu- opportunities for beginning farmers PREHENSIVE SERVICES TO HOMELESS VET- cated children. and ranchers, and for other purposes; ERANS.—Section 2033(d) of such title is Both the Senate-passed budget and to the Committee on Agriculture, Nu- amended by striking ‘‘December 31, 2013’’ and the President’s FY 2014 budget request trition, and Forestry. inserting ‘‘December 31, 2014’’. Mr. HARKIN. Mr. President, for (e) HOUSING ASSISTANCE FOR HOMELESS call for making these provisions per- VETERANS.—Section 2041(c) of such title is manent. many years we have witnessed with amended by striking ‘‘December 31, 2013’’ and Consistent with the original goals for great regret the aging of America’s inserting ‘‘December 31, 2014’’. the EITC, the Working Families Tax farmers and ranchers and the decline in (f) FINANCIAL ASSISTANCE FOR SUPPORTIVE Relief Act would help the only group the number of agricultural operations SERVICES FOR VERY LOW-INCOME VETERAN that our Tax Code pushes into poverty: in our country. Simply put, our nation FAMILIES IN PERMANENT HOUSING.— childless workers. will be stronger and better if more be- (1) IN GENERAL.—Paragraph (1) of section ginning farmers and ranchers are able 2044(e) of such title is amended by adding at The EITC was designed to help child- the end the following new subparagraph (F): less workers offset their payroll tax li- to succeed those who inevitably retire ‘‘(F) $300,000,000 for fiscal year 2014.’’. ability. In reality, employees bear the and leave the business. We need new (2) TRAINING ENTITIES FOR PROVISION OF burden of both the employee and em- generations of farmers and ranchers to SUPPORTIVE SERVICES.—Paragraph (3) of such ployer portion of the payroll tax. produce critical supplies of food, fuel, section is amended by striking ‘‘2012’’ and in- As a result, a typical single childless and fiber, to care for and conserve our serting ‘‘2014’’. adult will begin to owe Federal income soil, water, and other natural re- (g) GRANT PROGRAM FOR HOMELESS VET- taxes in addition to payroll taxes when sources, and to contribute as members ERANS WITH SPECIAL NEEDS.—Section of healthy and vibrant rural commu- 2061(d)(1) of such title is amended by striking his or her income is still significantly ‘‘for each of’’ through ‘‘shall be available’’ below the poverty line. These changes nities. Many people across America and inserting ‘‘for each of fiscal years 2007 will result in a full-time worker receiv- yearn for an opportunity to get a start through 2014, $5,000,000 shall be available’’. ing the minimum wage to be eligible and build a successful agricultural op- (h) TECHNICAL ASSISTANCE GRANTS FOR for the maximum earned income credit eration, yet they face daunting chal- NONPROFIT COMMUNITY-BASED GROUPS.—Sec- amount. lenges and obstacles. tion 2064(b) of such title is amended by strik- This may sound complicated, but The legislation we are introducing ing ‘‘2012’’ and inserting ‘‘2014’’. these CTC and EITC provisions have today will help families and individuals (i) ADVISORY COMMITTEE ON HOMELESS VET- across our nation apply their talents, ERANS.—Section 2066(d) of such title is real-world impacts. amended by striking ‘‘December 31, 2013’’ and An analysis of Census data showed motivation, and dedication to start and inserting ‘‘December 31, 2014’’. that these CTC provisions lifted 900,000 continue farm and ranch operations people above the poverty line in 2011, and revitalize rural America. Begin- By Mr. BROWN (for himself, Mr. using a poverty measure that counts ning farmers and ranchers will benefit DURBIN, Mr. SCHUMER, Mr. BAU- not only cash income but also taxes from practical assistance in this bill, CUS, Mr. ROCKEFELLER, Mr. and government benefits. including effective training and men- WYDEN, Ms. STABENOW, Mr. According to recent estimates, let- toring, better access to and careful use MENENDEZ, Mr. CARDIN, Mr. ting the expanded CTC expire will in- of credit, enhanced support for con- CASEY, Mrs. MURRAY, Mr. LAU- crease taxes on 12 million families who servation, and help in starting and suc- TENBERG, Mrs. GILLIBRAND, Mr. will see the size of their CTC credit ceeding in profitable enterprises such COWAN, Mr. WHITEHOUSE, Mr. shrink, and 5 million families will no as value-added businesses. REED, Ms. HIRONO, Mr. HARKIN, longer be eligible for the credit at all. We have previously adopted a number Mr. LEVIN, Mrs. BOXER, Mr. The EITC has long been one of the of successful initiatives to assist begin- BLUMENTHAL, Mr. BEGICH, Mr. most effective anti-poverty measures ning farmers and ranchers, including in SCHATZ, Ms. KLOBUCHAR, Mr. in our toolkit. In 2011, according to the the 2002 and 2008 farm bills enacted

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3039 when I was proud to serve as chairman to help beginning farmers and ranchers wellbeing of those they love. The of the Agriculture, Nutrition, and For- build markets and increase income FMLA gave workers with a child, par- estry Committee. This bill will extend, through adding value to their commod- ent, or spouse that was sick or injured, build upon, and strengthen existing ities, the bill enhances opportunities an opportunity to provide the needed programs and initiatives and ensure for beginning farmers and ranchers to care and support, knowing that their their continued effectiveness and suc- receive USDA value-added producer jobs would still be there when they recess. grants and provides new, increased turned. A key feature of the Beginning Farm- mandatory funding for such grants. It When it was passed, the FMLA was er and Rancher Opportunity Act of 2013 also creates a special USDA veterans an important and historic expansion of is to extend and strengthen the begin- agricultural liaison position to focus our nation’s laws. Unfortunately, as ning farmer and rancher development upon helping veterans understand and families have evolved and expanded, program, which we enacted in 2008. In benefit from USDA programs, espe- we’ve learned that the FMLA does not this program, USDA provides competi- cially those for beginning farmers and adequately nor equally protect all tively-awarded grants to qualified or- ranchers. American families. Under current law, ganizations that deliver training and In conclusion, I am proud of the ini- it is impossible for many employees to education for beginning farmers and tiatives we have previously enacted to be with their loved ones during times ranchers. This new legislation makes it help beginning farmers and ranchers of medical need. a new priority for USDA to issue create and pursue opportunities and re- As I stated when I first introduced grants to support agricultural rehabili- alize their goals and dreams. By build- this bill, Congress followed the lead of tation and vocational training for mili- ing on the success of the existing pro- many large and small businesses when tary veterans and to deliver training grams, this legislation will lend more it enacted the FMLA. Twenty years and education to help veterans who are help to beginning farmers and ranchers ago, many of these businesses had al- beginning farmers and ranchers. The and in doing so strengthen American ready recognized and addressed the bill also would extend and increase agriculture, our rural communities, need for employees to take time off to mandatory funding for this develop- and our nation as a whole. I am grate- care for themselves or a loved one that ment program to $20 million in each of ful to the cosponsors of this bill and was battling a serious health condition. These companies had put in place fiscal years 2014 through 2018. urge all of my colleagues to support it. This legislation also strengthens in systems that gave their employees several ways the assistance USDA pro- By Mr. DURBIN: time to heal themselves or their family vides to enable beginning farmers and S. 846. A bill to amend the Family members, and ensured that those em- ranchers to assemble the financial re- and Medical Leave Act of 1993 to per- ployees would return to work as soon sources they need to start and build a mit leave to care for a same-sex spouse, as they could. successful operation. It codifies in stat- domestic partner, parent-in-law, adult The FMLA took the model these ute a microloan program in which child, sibling, grandchild, or grand- companies provided and brought the young beginning farmers and ranchers parent who has a serious health condi- majority of the American workforce who qualify could borrow up to $35,000 tion; to the Committee on Health, Edu- under the same protections. We once again have an opportunity for operating expenses at reduced in- cation, Labor, and Pensions. to learn from the best practices of terest rates and with simplified paper- Mr. DURBIN. Mr. President, I rise American businesses who have adjusted work. Also included in this bill is man- today to introduce the Family and their personnel policies and benefit datory funding at $5 million a year to Medical Leave Inclusion Act. This bill, packages to better meet the needs of carry out the individual development which I have also introduced in the American families, as we find them accounts pilot program that was en- previous two Congresses, would extend today. These businesses have assessed the important protections of the Fam- acted in the 2008 farm bill. Grants the composition of their workforces ily and Medical Leave Act to grand- under this pilot program would support and realized that, in order to meet the parents, grandchildren, siblings, adult State-level individual development ac- evolving needs of their employees and children, and same-sex spouses and do- count initiatives to help beginning enhance productivity, they needed to farmers and ranchers build savings mestic partners throughout America. go one step further than the protec- I am pleased to introduce this bill that can then be invested in their agri- tions provided by the FMLA. cultural operations. Several other pro- with a coalition of Senators who are It’s time that we do the same here in visions of the bill update and improve committed to ensuring justice and Congress, and recognize in law that a the existing USDA programs to help equality for all Americans. I would like healthy workforce, regardless of sexual beginning farmers and ranchers obtain to thank Senators LEAHY, WHITEHOUSE, orientation, is a critical component of loans for operating expenses, land pur- SANDERS, MURRAY, COONS, GILLIBRAND, a healthy, modern, and efficient na- chases, and conservation practices. LAUTENBERG, and BLUMENTHAL for tional economy. The Human Rights To encourage and assist beginning standing with me in support of the Campaign, a leading civil rights orga- farmers and ranchers in maintaining Family and Medical Leave Inclusion nization that strongly supports the and adopting sound conservation prac- Act. Family and Medical Leave Inclusion tices, the bill extends and strengthens In 1993, Congress passed the Family Act, reports that at least 580 major several initiatives enacted in previous and Medical Leave Act to, among other American corporations, 17 States, and farm bills. Of special importance, the things, protect American workers fac- the District of Columbia now extend bill expands the options and financial ing either a personal health crisis, or FMLA benefits to include leave on be- incentives for maintaining conserva- that of a close family member. half’ of a same-sex partners and tion on land that comes out of Con- People in the workforce who suffer a spouses. Moreover, as of January 1st of servation Reserve Program, CRP, con- serious illness or significant injury this year, 47% of Fortune 500 compa- tracts if it is leased or sold to begin- should be able to take time to heal, re- nies provided health benefits to same- ning farmers or ranchers. Beginning cover, and follow their doctors’ orders, sex partners. farmers and ranchers would also re- without the added stress of worrying When the FMLA was signed into law, ceive more help through the Farm and about their job status. They should be it was narrowly tailored to cover indi- Ranch Land Protection Program, enable to return to their workplaces viduals caring for a very close family hanced whole-farm conservation plan- strong, healthy, and ready to be pro- member. The law sought to cover that ning and technical assistance, and in- ductive again. Thanks to the FMLA, inner circle of people, where the family creased advanced conservation cost- they can take the needed time knowing member assuming the caretaker role share payments. that their jobs will be there when they would be one of very few, if not the Other features of the bill will help be- recover. only person, who could do so. That idea ginning and socially disadvantaged Most employees, however, are not has not changed. farmers and ranchers better under- solely concerned about their own What has changed are the people who stand and utilize insurance programs health and wellbeing. They are also might be in that inner circle. The nu- and risk management systems. In order concerned about the health and clear American family has grown,

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3040 CONGRESSIONAL RECORD — SENATE April 25, 2013 sometimes by design, and sometimes zations from the business, civil rights, used with respect to an employee, means any by necessity. More and more, that LGBT, and labor communities, includ- person who is a spouse or domestic partner inner circle of close family might in- ing: the National Association of Work- of a son or daughter of the employee.’’. (b) LEAVE REQUIREMENT.—Section 102 of clude a grandparent or grandchild, sib- ing Women; AFSCME; American Acad- the Family and Medical Leave Act of 1993 (29 lings, or same-sex domestic partners in emy of Pediatrics ACLU; Families U.S.C. 2612) is amended— loving and committed relationships. USA; Gay and Lesbian Advocates and (1) in subsection (a)(1)— As the law stands right now, too Defenders, GLAD; Human Rights Cam- (A) in subparagraph (C), by striking many of these people are excluded from paign; People for the American Way; ‘‘spouse, or a son, daughter, or parent, of the the protections of the FMLA. SEIU and; The Leadership Conference employee, if such spouse, son, daughter, or In these tough economic times, when on Civil and Human Rights. parent’’ and inserting ‘‘spouse or domestic unemployment is high and those with The Family and Medical Leave Inclu- partner, or a son, daughter, parent, parent- in-law, grandparent, or sibling, of the em- jobs are doing everything they can to sion Act is the right thing to do, and I hope we can join together and pass it ployee if such spouse, domestic partner, son, keep them, we all know the value of daughter, parent, parent-in-law, grand- job security. Hardworking Americans on a bipartisan basis. parent, or sibling’’; and should not have to make the impos- Mr. President, I ask unanimous con- (B) in subparagraph (E), by striking sible choice between keeping their jobs sent that the text of the bill be printed ‘‘spouse, or a son, daughter, or parent’’ and and providing care and support for in the RECORD. inserting ‘‘spouse or domestic partner, or a There being no objection, the text of loved ones in their time of need. Twen- son, daughter, parent, parent-in-law, grand- the bill was ordered to be printed in child, or sibling,’’; ty years ago, the FMLA ensured that the RECORD, as follows: (2) in subsection (a)(3), by striking ‘‘spouse, millions of Americans did not have to S. 846 son, daughter, parent,’’ and inserting make that choice. Now, the time has ‘‘spouse or domestic partner, son, daughter, Be it enacted by the Senate and House of Rep- parent, son-in-law or daughter-in-law, grand- come to bring this protection into the resentatives of the United States of America in parent, sibling,’’; 21st century and ensure that the secu- Congress assembled, rity afforded by the FMLA is available (3) in subsection (e)— SECTION 1. SHORT TITLE. (A) in paragraph (2)(A), by striking to a broader range of American work- This Act may be cited as the ‘‘Family and ‘‘spouse, parent,’’ and inserting ‘‘spouse, do- Medical Leave Inclusion Act’’. ers. mestic partner, parent, parent-in-law, grand- There are many who would under- SEC. 2. LEAVE TO CARE FOR A SAME-SEX SPOUSE, child, grandparent, sibling,’’; and standably question what this kind of DOMESTIC PARTNER, PARENT-IN- LAW, ADULT CHILD, SIBLING, (B) in paragraph (3), by striking ‘‘spouse, change in the law would cost the busi- GRANDCHILD, OR GRANDPARENT. or a son, daughter, or parent,’’ and inserting ness community. Ensuring that work- (a) DEFINITIONS.— ‘‘spouse or domestic partner, or a son, ers can take the time they need to re- (1) INCLUSION OF ADULT CHILDREN AND CHIL- daughter, parent, parent-in-law, grandchild, cover from a health emergency not DREN OF A DOMESTIC PARTNER.—Section or sibling,’’; and only benefits an individual family, it 101(12) of such Act (29 U.S.C. 2611(12)) is (4) in subsection (f)— benefits the community where the fam- amended— (A) in paragraph (1), by striking ‘‘a hus- (A) by inserting ‘‘a child of an individual’s band and wife’’ and inserting ‘‘2 spouses or 2 ily lives and the businesses for which domestic partner,’’ after ‘‘a legal ward,’’; and domestic partners’’; and the family members work. (B) by striking ‘‘who is—’’ and all that fol- (B) in paragraph (2)— As I have stated in the past, the lows and inserting ‘‘and includes an adult (i) in subparagraph (A), by striking ‘‘that FMLA is already a very good law; it is child.’’. husband and wife’’ and inserting ‘‘those already in place and it is working. It (2) INCLUSION OF GRANDCHILDREN, GRAND- spouses or those domestic partners’’; and provides for unpaid leave when the PARENTS, PARENTS-IN-LAW, SIBLINGS, AND DO- (ii) in subparagraph (B), by striking ‘‘the need arises, and it only applies to busi- MESTIC PARTNERS.—Section 101 of such Act husband and wife’’ and inserting ‘‘those nesses that have enough employees on (29 U.S.C. 2611) is further amended by adding spouses or those domestic partners’’. at the end the following: (c) CERTIFICATION.—Section 103 of the Fam- hand to handle the absence of a single ‘‘(20) DOMESTIC PARTNER.—The term ‘do- ily and Medical Leave Act of 1993 (29 U.S.C. worker without too great a burden. mestic partner’, used with respect to an em- 2613) is amended— Ninety percent of the leave time that ployee, means— (1) in subsection (a), by striking ‘‘spouse, has been taken under the FMLA has ‘‘(A) the person recognized as the domestic or parent’’ and inserting ‘‘spouse, domestic been so that employees can care for partner of the employee under any domestic partner, parent, parent-in-law, grandchild, themselves or for a child in their care, partner registry or civil union law of the grandparent, or sibling’’; and and those situations are already cov- State or political subdivision of a State (2) in subsection (b)— (A) in paragraph (4)(A), by striking ered under the law as it stands. What where the employee resides, or the person who is lawfully married to the employee ‘‘spouse, or parent and an estimate of the the Family and Medical Leave Inclu- under the law of the State where the em- amount of time that such employee is needed sion Act would do is provide a little ployee resides and who is the same sex as the to care for the son, daughter, spouse, or par- more flexibility, and recognize that employee; or ent’’ and inserting ‘‘spouse, domestic part- there are a few more people in that ‘‘(B) in the case of an unmarried employee ner, parent, parent-in-law, grandparent, or inner circle of family who we might who lives in a State where a person cannot sibling and an estimate of the amount of call upon, or who might call upon us. marry a person of the same sex under the time that such employee is needed to care We can all agree that family is the laws of the State, a single, unmarried adult for such son, daughter, spouse, domestic person of the same sex as the employee who first and best safety net in times of partner, parent, parent-in-law, grandparent, is in a committed, personal (as defined in or sibling’’; and personal crisis. Families need to be regulations issued by the Secretary) rela- (B) in paragraph (7), by striking ‘‘parent, given the realistic ability to provide tionship with the employee, who is not a do- or spouse’’ and inserting ‘‘spouse, domestic that assistance. What the Family and mestic partner to any other person, and who partner, parent, parent-in-law, grandparent, Medical Leave Inclusion Act does is is designated to the employer by such em- or sibling’’. give those family members the ability ployee as that employee’s domestic partner. (d) EMPLOYMENT AND BENEFITS PROTEC- to help their loved ones in ways that ‘‘(21) GRANDCHILD.—The term ‘grandchild’, TION.—Section 104(c)(3) of the Family and only they can, without fear of losing used with respect to an employee, means any Medical Leave Act of 1993 (29 U.S.C. person who is a son or daughter of a son or 2614(c)(3)) is amended— their jobs in the process. daughter of the employee. (1) in subparagraph (A)(i), by striking The Family and Medical Leave Inclu- ‘‘(22) GRANDPARENT.—The term ‘grand- ‘‘spouse, or parent’’ and inserting ‘‘spouse, sion Act enhances the FMLA. Like the parent’, used with respect to an employee, domestic partner, parent, parent-in-law, FMLA when it was passed two decades means a parent of a parent of the employee. grandparent, or sibling’’; and ago, the Family and Medical Leave In- ‘‘(23) PARENT-IN-LAW.—The term ‘parent-in- (2) in subparagraph (C)(ii), by striking clusion Act is long overdue. Our legis- law’, used with respect to an employee, ‘‘spouse, or parent’’ and inserting ‘‘spouse, lation contains reasonable changes means a parent of the spouse or domestic domestic partner, parent, parent-in-law, that reflect what many of our nation’s partner of the employee. grandparent, or sibling’’. ‘‘(24) SIBLING.—The term ‘sibling’, used SEC. 3. FEDERAL EMPLOYEES. most successful businesses have al- with respect to an employee, means any per- (a) DEFINITIONS.— ready done and it accurately represents son who is a son or daughter of the employ- (1) INCLUSION OF ADULT CHILDREN AND CHIL- the modem American family. ee’s parent. DREN OF A DOMESTIC PARTNER.—Section The Family and Medical Leave Inclu- ‘‘(25) SON-IN-LAW OR DAUGHTER-IN-LAW.— 6381(6) of title 5, United States Code, is sion Act is supported by over 80 organi- The term ‘son-in-law or daughter-in-law’, amended—

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3041 (A) by inserting ‘‘a child of an individual’s daughter, parent, parent-in-law, grandchild, The PCAOB is responsible for over- domestic partner,’’ after ‘‘a legal ward,’’; and or sibling,’’. seeing auditors of public companies in (B) by striking ‘‘who is—’’ and all that fol- (c) CERTIFICATION.—Section 6383 of title 5, order to protect investors who rely on lows and inserting ‘‘and includes an adult United States Code, is amended— independent audit reports on the finan- child.’’. (1) in subsection (a), by striking ‘‘spouse, (2) INCLUSION OF GRANDCHILDREN, GRAND- or parent’’ and inserting ‘‘spouse, domestic cial statements of public companies. PARENTS, PARENTS-IN-LAW, SIBLINGS, AND DO- partner, parent, parent-in-law, grandchild, The Board operates under the oversight MESTIC PARTNERS.—Section 6381 of such title grandparent, or sibling’’; and of the U.S. Securities and Exchange is further amended— (2) in subsection (b)(4)(A), by striking Commission (SEC). (A) in paragraph (11)(B), by striking ‘‘; ‘‘spouse, or parent, and an estimate of the The PCAOB oversees more than 2,400 and’’ and inserting a semicolon; amount of time that such employee is needed registered auditing firms, as well as (B) in paragraph (12), by striking the pe- to care for such son, daughter, spouse, or the thousands of audit partners and riod and inserting a semicolon; and parent’’ and inserting ‘‘spouse, domestic (C) by adding at the end the following: partner, parent, parent-in-law, grandparent, staff who contribute to a firm’s work ‘‘(13) the term ‘domestic partner’, used or sibling and an estimate of the amount of on each audit. The Board’s ability to with respect to an employee, means— time that such employee is needed to care commence proceedings to determine ‘‘(A) the person recognized as the domestic for such son, daughter, spouse, domestic whether there have been violations of partner of the employee under any domestic partner, parent, parent-in-law, grandparent, its auditing standards or rules of pro- partner registry or civil union law of the or sibling’’. fessional practice is an important com- State or political subdivision of a State ponent of its oversight. where the employee resides, or the person By Mr. REED (for himself and However, unlike other oversight bod- who is lawfully married to the employee Mr. GRASSLEY): ies, such as the SEC, the U.S. Depart- under the law of the State where the em- S. 848. A bill to promote trans- ment of Labor, the Federal Deposit In- ployee resides and who is the same sex as the parency by permitting the Public Com- surance Corporation, the U.S. Com- employee; or pany Accounting Oversight Board to ‘‘(B) in the case of an unmarried employee modity Futures Trading Commission, allow its disciplinary proceedings to be who lives in a State where a person cannot the Financial Industry Regulatory Au- open to the public, and for other pur- marry a person of the same sex under the thority, and others, the Board’s dis- poses; to the Committee on Banking, laws of the State, a single, unmarried adult ciplinary proceedings are not allowed person of the same sex as the employee who Housing, and Urban Affairs. is in a committed, personal (as defined in Mr. REED. Mr. President, today I am to be public unless the parties consent. regulations issued by the Office of Personnel introducing the PCAOB Enforcement Of course, parties subject to discipli- Management) relationship with the em- Transparency Act of 2013 along with nary proceedings have no incentive to ployee, who is not a domestic partner to any consent to publicizing their alleged my colleague Senator GRASSLEY. This other person, and who is designated to the bill will allow the Public Company Ac- wrongdoing and thus these proceedings employer by such employee as that employ- remain cloaked behind a veil of se- ee’s domestic partner; counting Oversight Board, PCAOB, to make public disciplinary proceedings it crecy. In addition, the Board’s deci- ‘‘(14) the term ‘grandchild’, used with re- sions in disciplinary proceedings are spect to an employee, means any person who has brought against auditors and audit is a son or daughter of a son or daughter of firms earlier in the process. not allowed to be publicized until after the employee; Slightly over 10 years ago, our mar- the complete exhaustion of an appeals ‘‘(15) the term ‘grandparent’, used with re- kets fell victim to a series of massive process, which can often take several spect to an employee, means a parent of a financial reporting frauds, including years. parent of the employee; The PCAOB’s nonpublic disciplinary ‘‘(16) the term ‘parent-in-law’, used with those involving Enron and WorldCom. Public companies had produced fraudu- proceedings create a lack of trans- respect to an employee, means a parent of parency that invites abuse and under- the spouse or domestic partner of the em- lent and materially misleading finan- ployee; cial statements, which artificially mines the Congressional intent behind ‘‘(17) the term ‘sibling’, used with respect drove their stock prices up and mis- the establishment of the PCAOB, which to an employee, means any person who is a represented their overall profitability. was to shine a bright light on auditing son or daughter of the employee’s parent; Once the fraud was discovered, investor firms and practices, and to bolster the and confidence plummeted, as did the mar- accountability of auditors of public ‘‘(18) the term ‘son-in-law or daughter-in- kets themselves. We all took a step companies to the investing public. law’, used with respect to an employee, Over the last several years, bad ac- means any person who is a spouse or domes- back after this crisis and asked our- tic partner of a son or daughter of the em- selves how such massive financial fraud tors have taken advantage of the lack ployee.’’. in public reporting companies could of transparency by using it to shield themselves from public scrutiny and (b) LEAVE REQUIREMENT.—Section 6382 of have gone undetected for so long. title 5, United States Code, is amended— The Senate Committee on Banking, accountability. PCAOB Chairman (1) in subsection (a)(1)— Housing, and Urban Affairs conducted James Doty has repeatedly stated in (A) in subparagraph (C), by striking a series of hearings on issues that were testimony provided to both the Senate ‘‘spouse, or a son, daughter, or parent, of the raised by the revelations raised by and House of Representatives over the employee, if such spouse, son, daughter, or fraud at Enron and other public compa- past two years that the secrecy of the parent’’ and inserting ‘‘spouse or domestic nies. The hearings produced consensus proceedings ‘‘has a variety of unfortu- partner, or a son, daughter, parent, parent- nate consequences’’ and that such se- in-law, grandparent, or sibling, of the em- on a number of underlying causes, in- ployee, if such spouse, domestic partner, son, cluding weak corporate governance, a crecy is harmful to investors, the au- daughter, parent, parent-in-law, grand- lack of accountability, and inadequate diting profession, and the public at parent, or sibling’’; and oversight of accountants charged with large. (B) in subparagraph (E), by striking auditing a public company’s financial In one example, an accounting firm ‘‘spouse, or a son, daughter, or parent’’ and statements. that was subject to a disciplinary pro- inserting ‘‘spouse or domestic partner, or a In order to address the gaps and ceeding continued to issue no fewer son, daughter, parent, parent-in-law, grand- structural weaknesses revealed by the than 29 additional audit reports on child, or sibling,’’; public companies without any of those (2) in subsection (a)(3), by striking ‘‘spouse, investigation and hearings, the Senate son, daughter, parent,’’ and inserting passed the Sarbanes-Oxley Act of 2002 companies knowing about the PCAOB ‘‘spouse or domestic partner, son, daughter, in a 99 to 0 vote. disciplinary proceedings. In other parent, son-in-law or daughter-in-law, grand- The Sarbanes-Oxley Act ensured that words, investors and the public com- parent, sibling,’’; and corporate officers were directly ac- pany clients of that audit firm were de- (3) in subsection (e)— countable for their financial reporting prived of relevant and material infor- (A) in paragraph (2)(A), by striking and for the quality of their financial mation about the proceedings against ‘‘spouse, parent’’ and inserting ‘‘spouse, do- statements. The law also created a the firm and the substance of any vio- mestic partner, parent, parent-in-law, grand- lations. child, grandparent, sibling’’; and strong, independent board to oversee (B) in paragraph (3), by striking ‘‘spouse, the conduct of the auditors of public There are several reasons why the or a son, daughter, or parent,’’ and inserting companies, the Public Company Ac- Board’s enforcement proceedings ‘‘spouse or domestic partner, or a son, counting Oversight Board. should be open and transparent. First,

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3042 CONGRESSIONAL RECORD — SENATE April 25, 2013 as I have already noted, the closed pro- home with serious injuries sustained million individual veterans each year, ceedings run counter to the public pro- overseas, their wives, husbands, par- including over 674,000 veterans from ceedings of other government oversight ents and other family members stepped the most recent wars in Iraq and Af- bodies. Indeed, nearly all administra- in to care for them. These family mem- ghanistan. These veterans are enrolling tive proceedings brought by the SEC bers have often provided this care at in VA at a rate of 56 percent, higher against those it regulates public com- significant personal sacrifice. These than any other group of veterans from panies, brokers, dealers, investment caregivers’ dedication to caring for the previous conflicts. These veterans are advisers, and others are open, public needs of their injured veterans has receiving some of the best health care proceedings. The PCAOB’s secret pro- often resulted in lost professional op- this nation has to offer. They can ac- ceedings are not only shielded from the portunities and reduction in income. cess this care at medical centers, out- public, but from Congress as well. How Under the Caregivers and Veterans patient clinics, vet centers, mobile can the public and Congress properly Omnibus Health Services Act of 2010, clinics and through telemedicine. evaluate the Board’s oversight of audi- important services and benefits were Despite this access to care, many tors and audit firms, and its enforce- made available to seriously injured veterans still struggle with their over- ment program, when no one is entitled post–9/11 veterans and their families. all wellbeing. Therefore, it is not to know any of the details of these ad- These changes improved the lives of enough to treat veterans who are very ministrative proceedings, including caregivers by giving them the support sick. When we focus solely on disease whether a proceeding has even been they need which, in turn, improved the and illness, we miss the broader goal of initiated? lives of veterans. These services and wellness. We must expand our under- Second, the incentive to litigate benefits for caregivers include a tax- standing of the care options necessary cases in order to continue to shield free monthly stipend, travel expenses, to improve veterans’ lives. Therefore, I conduct from the public as long as pos- health insurance, mental health serv- am introducing legislation which sible frustrates the process and re- ices and counseling, caregiver training would do just that—expand veterans’ quires the expenditure of needless re- and respite care for caregivers of seri- access a full spectrum of care including sources by both litigants and the ously injured post–9/11 veterans. How- wellness and Complementary and Al- PCAOB. ever, these services were not made ternative Medicine—known as CAM. Third, agencies such as the SEC have available to pre–9/11 veterans with VA has made significant strides in observed the benefits of open and equally serious injuries and whose providing CAM at VA medical centers. transparent disciplinary proceedings, caregivers were in equal need of sup- As the name describes, CAM therapies which include the benefit of informing port. can serve as a complement to tradi- peer audit firms of the type of activity Many caregivers of pre–9/11 veterans tional care or, for some veterans, as an that may give rise to enforcement ac- have been caring for injured veterans alternative. There is a growing body of tion by the regulator. In effect, trans- for years with no support from the fed- evidence to support the value of these parency of proceedings can serve as a eral government. It is time to provide therapies but greater understanding deterrent to misconduct because of a equal benefits to veterans and their can be achieved through the expansion perceived increase in the likelihood of family members from all eras. My leg- of these services to more veterans. The ‘‘getting caught.’’ Accordingly, the islation does just that. legislation I am introducing today audit industry as a whole would also I urge my colleagues to join me in would do just that. benefit from timely, public, and non- supporting equal treatment of the care- This expansion would occur through secret enforcement proceedings. givers of our Nation’s veterans and co- the Veterans Health Administration’s Our bill will make hearings by the sponsor my legislation. Center of Innovation, which is devel- PCAOB, and all related notices, orders, Mr. President, I ask unanimous con- oping, demonstrating and evaluating and motions, transparent and available sent that the text of the bill be printed veteran-centered health care policies. to the public unless otherwise ordered in the RECORD. To date, VA has established five such by the Board. This would make the There being no objection, the text of centers. My legislation would increase PCAOB’s procedures similar to those of the bill was ordered to be printed in the number of these Centers of Innova- the SEC for analogous matters. the RECORD, as follows: tion, establishing at least one in each Increasing the transparency and ac- S. 851 of VA’s 23 Veterans Integrated Service countability of audit firms subject to Be it enacted by the Senate and House of Networks. My legislation would create disciplinary proceedings instituted by Representatives of the United States of America a total of fifteen pilot sites to provide the PCAOB is a critical component of in Congress assembled, CAM therapies to veterans throughout efforts to bolster and maintain inves- SECTION 1. SHORT TITLE. the nation. Five of the pilot sites This Act may be cited as the ‘‘Caregivers would be located at VA’s Polytrauma tor confidence in our financial mar- Expansion and Improvement Act of 2013’’. Centers, which care for veterans with kets, and should better protect compa- SEC. 2. EXTENSION TO ALL VETERANS WITH A SE- nies as well from problematic auditors. RIOUS SERVICE-CONNECTED DIS- the most complex injuries. The remain- I hope our colleagues will join Sen- ABILITY OF ELIGIBILITY FOR PAR- ing ten would provide CAM therapies ator GRASSLEY and me in taking the TICIPATION IN FAMILY CAREGIVER within primary care settings. legislative steps necessary to enhance PROGRAM. Additionally, my legislation would Section 1720G(a)(2)(B) of title 38, United require VA to study barriers to pro- transparency in the PCAOB’s enforce- States Code, is amended by striking ‘‘on or ment process. after September 11, 2001’’. viding and promoting preventive and holistic approaches to health care, in- By Mr. SANDERS: By Mr. SANDERS: cluding CAM and wellness, in the pri- S. 851. A bill to amend title 38, S. 852. A bill to improve health care mary care setting. When we understand United States Code, to extend to all furnished by the Department of Vet- these barriers we can find a way to veterans with a serious service-con- erans Affairs by increasing access to break them down, furthering opportu- nected injury eligibility to participate complementary and alternative medi- nities to enhance the overall health in the family caregiver services pro- cine and other approaches to wellness and sense of wellbeing among veterans. gram; to the Committee on Veterans’ and preventive care, and for other pur- The legislation would also authorize Affairs. poses; to the Committee on Veterans’ grants to state and city agencies, and Mr. SANDERS. Mr. President, as Affairs. community-based nonprofit organiza- Chairman of the Senate Committee on Mr. SANDERS. Mr. President, as tions to provide combat veterans and Veterans’ Affairs, I am proud to intro- Chairman of the Senate Committee on their family members access to duce the Caregivers Expansion and Im- Veterans’ Affairs, I am proud to intro- wellness programs. By leveraging these provement Act of 2013, which will ad- duce the Veterans Health Promotion outside organizations while improving dress the important needs of veterans’ Act of 2013, which will address vet- their collaboration with VA, we can caregivers. erans’ health and wellness. improve access to wellness programs For generations, as the men and The most recent statistics show that without sacrificing VA’s valuable women of our armed forces returned VA is providing health care to over 6.5 model of care coordination.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3043 An important component for main- ‘‘(3) To provide education and training for (2) CONSIDERATIONS.—In selecting locations taining a healthy lifestyle is physical health care professionals of the Department for the pilot program, the Secretary shall activity. One of the best ways to im- on— consider the feasibility and advisability of prove the health of a population is to ‘‘(A) the furnishing of services consisting selecting locations in— of complementary and alternative medicine (A) rural areas; increase access to opportunities for to veterans; or (B) areas that are not in close proximity to physical activity. When coupled with a ‘‘(B) providing referrals to veterans for the an active duty military installation; and healthy diet, physical fitness can help receipt of such services. (C) areas representing different geographic promote weight loss and lower the risk ‘‘(4) To develop and implement innovative locations, such as census tracts established of diabetes, heart attack and stroke. clinical activities and systems of care for the by the Bureau of the Census. Therefore, my legislation would create Department for the furnishing of services (d) PROVISION OF SERVICES.—Under the a pilot program to provide fitness cen- consisting of complementary and alternative pilot program, the Secretary shall provide ter memberships for overweight and medicine to veterans. covered services to covered veterans through ‘‘(c) GEOGRAPHIC DISPERSION.—The Sec- the complementary and alternative medicine obese veterans, in consultation with retary shall ensure that the centers des- centers established under subsection (c)(1). their VA health care provider. The ignated and operated under this section are (e) COVERED VETERANS.—For purposes of pilot program would be over a 2-year located at health care facilities that are geo- the pilot program, a covered veteran is any period at 10 pilot sites. Additionally, graphically dispersed throughout the United veteran who has— the legislation would require VA to States. (1) a mental health condition diagnosed by partner with fitness centers to improve ‘‘(d) FUNDING.—(1) There is authorized to a clinician of the Department; or access for veterans. be appropriated to the Secretary such sums (2) a pain condition for which the veteran as may be necessary for the support of the Finally, we must ensure CAM, has received a pain management plan from a research and education activities of the cen- clinician of the Department. wellness and fitness options are not ters operated under this section. (f) COVERED SERVICES.— only available to veterans, but are also ‘‘(2) Activities of clinical and scientific in- (1) IN GENERAL.—For purposes of the pilot utilized by veterans. Therefore, my leg- vestigation at each center operated under program, covered services are services con- islation would require VA to study the this section— sisting of complementary or alternative barriers that exist across VHA in pro- ‘‘(A) shall be eligible to compete for the medicine. viding and promoting preventative and award of funding from funds appropriated for (2) ADMINISTRATION OF SERVICES.—Covered holistic approaches to health care, to the Medical and Prosthetics Research Ac- services shall be administered under the count; and include Complementary and Alter- pilot program as follows: ‘‘(B) shall receive priority in the award of (A) Covered services shall be administered native Medicine and Wellness, in the funding from such account to the extent that by clinicians who exclusively provide serv- primary care setting in order to en- funds are awarded to projects for research on ices consisting of complementary or alter- hance their overall health and sense of the care of rural veterans. native medicine. wellbeing among veterans. ‘‘(e) COMPLEMENTARY AND ALTERNATIVE (B) Covered services shall be included as I urge my colleagues to support this MEDICINE DEFINED.—In this section, the term part of the Patient Aligned Care Teams ini- legislation and I look forward to work- ‘complementary and alternative medicine’ tiative of the Office of Patient Care Services, shall have the meaning given that term in Primary Care Program Office. ing with them to continue to improve regulations the Secretary shall prescribe for health care access for our veterans. (C) Covered services shall be made avail- purposes of this section, which shall, to the able to both— Mr. President, I ask unanimous con- degree practicable, be consistent with the sent that the text of the bill be printed (i) covered veterans with mental health meaning given such term by the Secretary of conditions or pain conditions described in in the RECORD. Health and Human Services.’’. subsection (e) who have received traditional (b) CLERICAL AMENDMENT.—The table of There being no objection, the text of treatments from the Department for such the bill was ordered to be printed in sections at the beginning of chapter 73 of such title is amended by inserting after the conditions; and the RECORD, as follows: item relating to section 7330A the following (ii) covered veterans with mental health S. 852 new item: conditions or pain conditions described in subsection (e) who have not received tradi- Be it enacted by the Senate and House of Rep- ‘‘7330B. Centers of Innovation for com- tional treatments from the Department for resentatives of the United States of America in plementary and alternative such conditions. Congress assembled, medicine in health care re- SECTION 1. SHORT TITLE. (g) VOLUNTARY PARTICIPATION.—The par- search, education, and clinical ticipation of a veteran in the pilot program This Act may be cited as the ‘‘Veterans’ activities.’’. Health Promotion Act of 2013’’. shall be at the election of the veteran and in SEC. 3. PILOT PROGRAM ON ESTABLISHMENT OF consultation with a clinician of the Depart- SEC. 2. DESIGNATION AND OPERATION OF CEN- COMPLEMENTARY AND ALTER- TERS OF INNOVATION FOR COM- ment. NATIVE MEDICINE CENTERS WITHIN (h) REPORTS TO CONGRESS.— PLEMENTARY AND ALTERNATIVE DEPARTMENT OF VETERANS AF- (1) QUARTERLY REPORTS.—Not later than 90 MEDICINE IN HEALTH CARE RE- FAIRS MEDICAL CENTERS. SEARCH, EDUCATION, AND CLINICAL days after the date of the commencement of (a) PILOT PROGRAM REQUIRED.—Com- ACTIVITIES. mencing not later than 180 days after the the pilot program and not less frequently (a) DESIGNATION AND OPERATION OF CEN- date of the enactment of this Act, the Sec- than once every 90 days thereafter for the TERS OF INNOVATION.—Subchapter II of chap- retary of Veterans Affairs shall carry out, duration of the pilot program, the Secretary ter 73 of title 38, United States Code, is through the Office of Patient Centered Care shall submit to the Committee on Veterans’ amended by adding at the end the following and Cultural Transformation of the Depart- Affairs of the Senate and the Committee on new section: ment of Veterans Affairs, a pilot program to Veterans’ Affairs of the House of Representa- ‘‘§ 7330B. Centers of innovation for com- assess the feasibility and advisability of es- tives a report on the efforts of the Secretary plementary and alternative medicine in tablishing complementary and alternative to carry out the pilot program, including a health care research, education, and clin- medicine centers within Department medical description of the outreach conducted by the ical activities centers to promote the use and integration Secretary to veterans and community orga- ‘‘(a) DESIGNATION AND OPERATION.—The of complementary and alternative medicine nizations to inform such organizations about Secretary, acting through the Director of services for mental health diagnoses and the pilot program. the Office of Patient Centered Care for Cul- pain management. (2) FINAL REPORT.— tural Transformation, shall designate and (b) DURATION OF PROGRAM.—The pilot pro- (A) IN GENERAL.—Not later than 180 days operate at least one center of innovation for gram shall be carried out during the three- after the completion of the pilot program, complementary and alternative medicine in year period beginning on the date of the the Secretary shall submit to the Committee health research, education, and clinical ac- commencement of the pilot program. on Veterans’ Affairs of the Senate and the tivities in each Veterans Integrated Service (c) LOCATIONS.— Committee on Veterans’ Affairs of the House Networks. (1) IN GENERAL.—The Secretary shall carry of Representatives a report on the pilot pro- ‘‘(b) FUNCTIONS.—The functions of the cen- out the pilot program by establishing not gram. ters of innovation designated and operated fewer than 15 complementary and alter- (B) CONTENTS.—The report submitted under subsection (a) are as follows: native medicine centers in 15 separate De- under subparagraph (A) shall include the fol- ‘‘(1) To conduct research on the furnishing partment medical centers as follows: lowing: of complementary and alternative medicine (A) Five Department medical centers des- (i) The findings and conclusions of the Sec- in health care. ignated by the Secretary as polytrauma cen- retary with respect to the pilot program, in- ‘‘(2) To develop specific models to be used ters. cluding with respect to the utilization and by the Department in furnishing services to (B) Ten Department medical center not efficacy of the complementary and alter- veterans consisting of complementary and designated by Secretary as polytrauma cen- native medicine centers established under alternative medicine. ters. the pilot program.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3044 CONGRESSIONAL RECORD — SENATE April 25, 2013 (ii) Such recommendations for the continu- (iii) Educational efforts to inform veterans cover the full reasonable cost of a fitness ation or expansion of the pilot program as of the benefits of a healthy and active life- center membership for covered veterans the Secretary considers appropriate. style. within the catchment area of such centers; SEC. 4. PILOT PROGRAM ON USE OF WELLNESS (B) A statement of understanding from the and PROGRAMS AS COMPLEMENTARY entity submitting the application that, if se- (B) not less than five medical centers of APPROACH TO MENTAL HEALTH lected, such entity will be required to report the Department at which the Secretary shall CARE FOR VETERANS AND FAMILY to the Secretary periodically on standardized cover half the reasonable cost of a fitness MEMBERS OF VETERANS. data and other performance data necessary center membership for covered veterans (a) PILOT PROGRAM REQUIRED.— to evaluate individual outcomes and to fa- within the catchment area of such centers. (1) IN GENERAL.—The Secretary of Veterans cilitate evaluations among entities partici- (2) CONSIDERATIONS.—In selecting locations Affairs shall carry out a pilot program pating in the pilot program. for the pilot program, the Secretary shall through the award of grants to public or pri- (C) Other requirements that the Secretary consider the feasibility and advisability of vate nonprofit entities to assess the feasi- may prescribe. bility and advisability of using wellness pro- selecting locations in the following areas: (e) GRANT USES.— (A) Rural areas. grams to complement the provision of men- (1) IN GENERAL.—A public or private non- tal health care to veterans and family mem- (B) Areas that are not in close proximity profit entity awarded a grant under this sec- to an active duty military installation. bers eligible for counseling under section tion shall use the award for purposes pre- 1712A(a)(1)(C) of title 38, United States Code. (C) Areas in different geographic locations. scribed by the Secretary. (e) PARTICIPATION.— (2) MATTERS TO BE ADDRESSED.—The pilot (2) ELIGIBLE VETERANS AND FAMILY.—In car- (1) MAXIMUM NUMBER OF PARTICIPANTS.— program shall be carried out so as to assess rying out the purposes prescribed by the Sec- the following: The number of covered veterans who may retary in paragraph (1), a public or private participate in the pilot program at a loca- (A) Means of improving coordination be- nonprofit entity awarded a grant under this tween Federal, State, local, and community tion selected under subsection (d) may not section shall use the award to furnish serv- exceed 100. providers of health care in the provision of ices only to individuals specified in section mental health care to veterans and family (2) VOLUNTARY PARTICIPATION.—The par- 1712A(a)(1)(C) of title 38, United States Code. ticipation of a covered veteran in the pilot members described in paragraph (1). (f) REPORTS.— (B) Means of enhancing outreach, and co- program shall be at the election of the cov- (1) PERIODIC REPORTS.— ered veteran in consultation with a clinician ordination of outreach, by and among pro- (A) IN GENERAL.—Not later than 180 days viders of health care referred to in subpara- of the Department. after the date of the enactment of this Act, (f) MEMBERSHIP PAYMENT.— graph (A) on the mental health care services and every 180 days thereafter, the Secretary available to veterans and family members (1) IN GENERAL.—Except as provided in shall submit to Congress a report on the paragraph (2), in carrying out the pilot pro- described in paragraph (1). pilot program. (C) Means of using wellness programs of gram, the Secretary shall pay the following: (B) REPORT ELEMENTS.—Each report re- (A) The full reasonable cost of a fitness providers of health care referred to in sub- quired by subparagraph (A) shall include the paragraph (A) as complements to the provi- center membership for covered veterans following: within the catchment area of centers se- sion by the Department of Veterans Affairs (i) The findings and conclusions of the Sec- of mental health care to veterans and family lected under subsection (b)(1)(A) who are retary with respect to the pilot program dur- participating in the pilot program. members described in paragraph (1). ing the 180-day period preceding the report. (D) Whether wellness programs described (B) Half the reasonable cost of a fitness (ii) An assessment of the benefits of the center membership for covered veterans in subparagraph (C) are effective in enhanc- pilot program to veterans and their family ing the quality of life and well-being of vet- within the catchment area of centers se- members during the 180-day period preceding lected under subsection (b)(1)(B) who are par- erans and family members described in para- the report. graph (1). ticipating in the pilot program. (2) FINAL REPORT.—Not later than 180 days (2) LIMITATION.—Payment for a fitness cen- (E) Whether wellness programs described after the end of the pilot program, the Sec- in subparagraph (C) are effective in increas- ter membership of a covered veteran may retary shall submit to Congress a report de- not exceed $50 per month of membership. ing the adherence of veterans described in tailing the recommendations of the Sec- paragraph (1) to the primary mental health (g) REPORTS.— retary as to the advisability of continuing or (1) PERIODIC REPORTS.—Not later than 90 services provided such veterans by the De- expanding the pilot program. partment. days after the date of the commencement of (g) WELLNESS DEFINED.—In this section, the pilot program and not less frequently (F) Whether wellness programs described the term ‘‘wellness’’ shall have the meaning than once every 90 days thereafter, the Sec- in subparagraph (C) have an impact on the given that term in regulations prescribed by retary shall submit to the Committee on sense of wellbeing of veterans described in the Secretary. paragraph (1) who receive primary mental Veterans’ Affairs of the Senate and the Com- SEC. 5. PILOT PROGRAM ON HEALTH PROMOTION mittee on Veterans’ Affairs of the House of health services from the Department. FOR OVERWEIGHT AND OBESE VET- (G) Whether wellness programs described ERANS THROUGH SUPPORT OF FIT- Representatives a report on activities car- in subparagraph (C) are effective in encour- NESS CENTER MEMBERSHIP. ried out to implement the pilot program, in- aging veterans receiving health care from (a) PILOT PROGRAM REQUIRED.—Com- cluding outreach activities to veterans and the Department to adopt a more healthy life- mencing not later than 180 days after the community organizations. style. date of the enactment of this Act, the Sec- (2) FINAL REPORT.—Not later than 180 days (b) DURATION.—The Secretary shall carry retary of Veterans Affairs shall, through the after the date of the completion of the pilot out the pilot program for a period of three National Center for Preventive Health, carry program, the Secretary shall submit to the years beginning on the date that is 90 days out a pilot program to assess the feasibility Committee on Veterans’ Affairs of the Sen- after the date of the enactment of this Act. and advisability of promoting health in cov- ate and the Committee on Veterans’ Affairs (c) LOCATIONS.—The Secretary shall carry ered veterans, including achieving a healthy of the House of Representatives a report on out the pilot program at facilities of the De- weight and reducing risks of chronic disease, the pilot program detailing— partment providing mental health care serv- through support for fitness center member- (A) the findings and conclusions of the Sec- ices to veterans and family members de- ship. retary as a result of the pilot program; and scribed in subsection (a)(1). (b) COVERED VETERANS.—For purposes of (B) recommendations for the continuation (d) GRANT PROPOSALS.— this section, a covered veteran is any vet- or expansion of the pilot program. (1) IN GENERAL.—A public or private non- eran who— SEC. 6. PILOT PROGRAM ON HEALTH PROMOTION profit entity seeking the award of a grant (1) is determined by a clinician of the De- FOR VETERANS THROUGH ESTAB- under this section shall submit an applica- partment of Veterans Affairs to be over- LISHMENT OF DEPARTMENT OF VET- tion therefor to the Secretary in such form weight or obese as of the date of the com- ERANS AFFAIRS FITNESS FACILI- and in such manner as the Secretary may re- mencement of the pilot program; and TIES. quire. (2) resides in a location that is more than (a) PILOT PROGRAM REQUIRED.—Com- (2) APPLICATION CONTENTS.—Each applica- 15 minutes driving distance from a fitness mencing not later than 180 days after the tion submitted under paragraph (1) shall in- center at a facility of the Department that date of the enactment of this Act, the Sec- clude the following: would otherwise be available to the veteran retary of Veterans Affairs shall carry out a (A) A plan to coordinate activities under for at least eight hours per day during five or pilot program to assess the feasibility and the pilot program, to the extent possible, more days per week. advisability of promoting health in covered with the Federal, State, and local providers (c) DURATION OF PILOT PROGRAM.—The veterans, including achieving a healthy of services for veterans to enhance the fol- pilot program shall be carried out during the weight, through establishment of Depart- lowing: two-year period beginning on the date of the ment of Veterans Affairs fitness facilities. (i) Awareness by veterans of benefits and commencement of the pilot program. (b) COVERED VETERANS.—For purposes of health care services provided by the Depart- (d) LOCATIONS.— this section, a covered veteran is any vet- ment. (1) IN GENERAL.—In carrying out the pilot eran who is enrolled in the system of annual (ii) Outreach efforts to increase the use by program, the Secretary shall select— patient enrollment established and operated veterans of services provided by the Depart- (A) not less than five medical centers of by the Secretary under section 1705 of title ment. the Department at which the Secretary shall 38, United States Code.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3045 (c) DURATION OF PILOT PROGRAM.—The (2) administer the survey to a representa- SUBMITTED RESOLUTIONS pilot program shall be carried out during the tive sample of veterans from each Veterans three-year period beginning on the date of Integrated Service Network; and the commencement of the pilot program. (3) ensure that the sample of veterans sur- SENATE RESOLUTION 115—COM- (d) LOCATIONS.— veyed is of sufficient size for the study re- MENDING THE HEROISM, COUR- (1) IN GENERAL.—The Secretary shall carry sults to be statistically significant. AGE, AND SACRIFICE OF SEAN out the pilot program by establishing fitness COLLIER, AN OFFICER IN THE facilities in Department facilities as follows: (b) ELEMENTS OF STUDY.—In conducting (A) In not fewer than five Department of the study required by subsection (a), the Sec- MASSACHUSETTS INSTITUTE OF Veterans Affairs medical centers selected by retary shall study the following: TECHNOLOGY POLICE DEPART- the Secretary for purposes of the pilot pro- (1) The perceived barriers associated with MENT, MARTIN RICHARD, AN 8- gram. obtaining complementary and alternative YEAR-OLD RESIDENT OF DOR- (B) In not fewer than five outpatient clin- medicine services from the Department. CHESTER, MASSACHUSETTS, ics of the Department selected by the Sec- (2) The satisfaction of veterans with com- KRYSTLE CAMPBELL, A NATIVE retary for purposes of the pilot program. plementary and alternative medicine in pri- OF MEDFORD, MASSACHUSETTS, (2) CONSIDERATIONS.—In selecting locations mary care. LU LINGZI, A STUDENT AT BOS- for the pilot program, the Secretary shall (3) The degree to which veterans are aware TON UNIVERSITY, AND ALL THE consider the feasibility and advisability of of eligibility requirements for, and the scope VICTIMS WHO ARE RECOVERING selecting locations in the following areas: of services available under, complementary FROM INJURIES CAUSED BY THE (A) Rural areas. and alternative medicine furnished by the (B) Areas that are not in close proximity Department. ATTACKS IN BOSTON, MASSA- to an active duty military installation. (4) The effectiveness of outreach to vet- CHUSETTS, INCLUDING RICHARD (C) Areas in different geographic locations. erans on the availability of complementary DONOHUE, JR., AN OFFICER IN (e) LIMITATION ON EXPENSES.—In estab- and alternative medicine for veterans. THE MASSACHUSETTS BAY lishing and supporting a fitness facility in a (5) Such other barriers as the Secretary TRANSPORTATION AUTHORITY facility of the Department under the pilot considers appropriate. program, the Secretary may expend amounts TRANSIT POLICE DEPARTMENT as follows: (c) DISCHARGE BY CONTRACT.—The Sec- Ms. WARREN (for herself, Mr. (1) For establishment and support of a fit- retary shall enter into a contract with a COWAN, Mr. REID, Mr. MCCONNELL, Mr. ness facility in a Department of Veterans Af- qualified independent entity or organization ALEXANDER, Ms. AYOTTE, Ms. BALDWIN, fairs medical center, not more than $60,000. to carry out the study required by this sec- Mr. BARRASSO, Mr. BAUCUS, Mr. (2) For establishment and support of a fit- tion. BEGICH, Mr. BENNET, Mr. BLUMENTHAL, ness facility in an outpatient clinic of the Mr. BLUNT, Mr. BOOZMAN, Mrs. BOXER, Department, not more than $40,000. (d) MANDATORY REVIEW OF DATA BY CER- ROWN URR ANTWELL (f) RENOVATIONS AND PURCHASES.—Subject TAIN DEPARTMENT DIVISIONS.— Mr. B , Mr. B , Ms. C , to subsection (e), the Secretary may, in car- (1) IN GENERAL.—The Secretary shall en- Mr. CARDIN, Mr. CARPER, Mr. CASEY, rying out the pilot program, make such ren- sure that the head of each division of the De- Mr. CHAMBLISS, Mr. COATS, Mr. ovations to physical facilities of the Depart- partment specified in paragraph (2) reviews COBURN, Mr. COCHRAN, Ms. COLLINS, Mr. ment and purchase such fitness equipment the results of the study conducted under this COONS, Mr. CORKER, Mr. CORNYN, Mr. and supplies as the Secretary considers ap- section. The head of each such division shall CRAPO, Mr. CRUZ, Mr. DONNELLY, Mr. propriate for purposes of the pilot program. submit findings with respect to the study to DURBIN, Mr. ENZI, Mrs. FEINSTEIN, Mrs. (g) PROHIBITION ON ASSESSMENT OF USER the Under Secretary for Health and to other FISCHER, Mr. FLAKE, Mr. FRANKEN, FEES.—The Secretary may not assess a fee pertinent program offices within the Depart- Mrs. GILLIBRAND, Mr. GRAHAM, Mr. upon a covered veteran for use of a fitness fa- ment with responsibilities relating to health GRASSLEY, Mrs. HAGAN, Mr. HARKIN, cility established under the pilot program. care services for veterans. (h) VOLUNTARY PARTICIPATION.—The par- Mr. HATCH, Mr. HEINRICH, Ms. (2) SPECIFIED DIVISIONS.—The divisions of ticipation of a covered veteran in the pilot HEITKAMP, Mr. HELLER, Ms. HIRONO, the Department specified in this paragraph program shall be at the election of the cov- Mr. HOEVEN, Mr. INHOFE, Mr. ISAKSON, are the following: ered veteran. Mr. JOHANNS, Mr. JOHNSON of Wis- (A) The centers for innovation established (i) REPORTS.— under section 7330B of title 38, United States consin, Mr. JOHNSON of South Dakota, (1) PERIODIC REPORTS.—Not later than 90 Mr. KAINE, Mr. KING, Mr. KIRK, Ms. days after the date of the commencement of Code, as added by section 2. KLOBUCHAR, Ms. LANDRIEU, Mr. LAU- the pilot program and not less frequently (B) The Health Services Research and De- TENBERG, Mr. LEAHY, Mr. LEE, Mr. than once every 90 days thereafter, the Sec- velopment Service Scientific Merit Review retary shall submit to the Committee on Board. LEVIN, Mr. MANCHIN, Mr. MCCAIN, Mrs. MCCASKILL, Mr. MENENDEZ, Mr. Veterans’ Affairs of the Senate and the Com- (e) REPORTS.— ERKLEY IKULSKI ORAN mittee on Veterans’ Affairs of the House of (1) REPORT ON IMPLEMENTATION.—Not later M , Ms. M , Mr. M , Representatives a report on activities car- than 180 days after the date of the enactment Ms. MURKOWSKI, Mr. MURPHY, Mrs. ried out to implement the pilot program, in- of this Act, the Secretary shall submit to MURRAY, Mr. NELSON, Mr. PAUL, Mr. cluding outreach activities to veterans and Congress a report on the status of the imple- PORTMAN, Mr. PRYOR, Mr. REED, Mr. community organizations. mentation of this section. RISCH, Mr. ROBERTS, Mr. ROCKEFELLER, (2) FINAL REPORT.—Not later than 180 days (2) REPORT ON STUDY.— Mr. RUBIO, Mr. SANDERS, Mr. SCHATZ, after the date of the completion of the pilot (A) IN GENERAL.—Not later than 45 days Mr. SCHUMER, Mr. SCOTT, Mr. SESSIONS, program, the Secretary shall submit to the after the date of the completion of the study, Mrs. SHAHEEN, Mr. SHELBY, Ms. STABE- Committee on Veterans’ Affairs of the Sen- the Secretary shall submit to Congress a re- ate and the Committee on Veterans’ Affairs NOW, Mr. TESTER, Mr. THUNE, Mr. port on the study required by subsection (a). of the House of Representatives a report on TOOMEY, Mr. UDALL of Colorado, Mr. (B) CONTENTS.—The report required by sub- the pilot program detailing— UDALL of New Mexico, Mr. VITTER, Mr. paragraph (A) shall include the following: (A) the findings and conclusions of the Sec- WARNER, Mr. WHITEHOUSE, Mr. WICKER, (i) Recommendations for such administra- retary as a result of the pilot program; and and Mr. WYDEN) submitted the fol- tive and legislative proposals and actions as (B) recommendations for the continuation lowing resolution; which was consid- or expansion of the pilot program. the Secretary considers appropriate. (ii) The findings of the head of each divi- ered and agreed to: SEC. 7. STUDY OF BARRIERS ENCOUNTERED BY S. RES. 115 VETERANS IN RECEIVING COM- sion of the Department specified under sub- PLEMENTARY AND ALTERNATIVE section (d)(2) and of the Under Secretary for Whereas, in the aftermath of the deadly MEDICINE FROM DEPARTMENT OF Health. bombings that occurred on Patriots’ Day, VETERANS AFFAIRS. April 15, 2013, during the running of the 117th (f) AUTHORIZATION OF APPROPRIATIONS.— (a) STUDY REQUIRED.—The Secretary of Boston Marathon, the residents of Massachu- There is authorized to be appropriated to the Veterans Affairs shall conduct a comprehen- setts and the people of the United States sive study of the barriers encountered by Secretary $2,000,000 to carry out this section. witnessed the incredible bravery, dedication, veterans in receiving complementary and al- SEC. 8. COMPLEMENTARY AND ALTERNATIVE and sacrifice of law enforcement officers, ternative medicine from the Department of MEDICINE DEFINED. first responders, and citizen heroes; Veterans Affairs. In conducting the study, Whereas Sean Collier of Wilmington, Mas- the Secretary shall— In this Act, the term ‘‘complementary and sachusetts, an officer in the Massachusetts (1) survey veterans who seek or receive alternative medicine’’ shall have the mean- Institute of Technology (referred to in this hospital care or medical services furnished ing given such term under section 7330B of preamble as ‘‘MIT’’) Police Department, by the Department, as well as veterans who title 38, United States Code, as added by sec- gave his life in the line of duty, the ultimate do not seek or receive such care or services; tion 2. sacrifice;

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3046 CONGRESSIONAL RECORD — SENATE April 25, 2013 Whereas Officer Sean Collier was pro- (3) the people of the United States convey treating and finding a cure for pediatric tecting the students of MIT when he was profound gratitude and prayers for a com- brain cancer. killed as he sat in his police cruiser; plete recovery to Officer Richard Donohue, f Whereas Officer Sean Collier was known by Jr., and to all of the other victims who are his family, friends, and co-workers as a gen- recovering from injuries caused by the at- SENATE RESOLUTION 117—RECOG- erous, kind, friendly, and devoted individual tacks in Boston, Massachusetts; NIZING AND SUPPORTING THE and officer; (4) the service and sacrifice of Officer Sean GOALS AND IDEALS OF NA- Whereas the people of the United States Collier and Officer Richard Donohue, Jr., TIONAL SEXUAL ASSAULT join with the family of Officer Sean Collier, will never be forgotten by the residents of AWARENESS AND PREVENTION the MIT community, and the residents of Massachusetts or the people of the United MONTH Massachusetts in mourning the loss of Offi- States, and will forever serve as an example cer Sean Collier, a dedicated, hardworking, of incredible bravery and sacrifice; and Mr. CASEY (for himself and Mr. and respected young police officer; (5) the people of the United States express FRANKEN) submitted the following res- Whereas the people of the United States re- thanks to the men and women of law en- olution; which was referred to the member Martin Richard, an 8-year-old boy forcement in the United States for their un- Committee on the Judiciary: from Dorchester, Massachusetts; wavering determination, courage, and re- S. RES. 117 Whereas Martin Richard loved to play solve to bring to justice the people respon- Whereas, on average, a person is sexually sports and draw pictures, and was dearly sible for the bombings that occurred during assaulted in the United States every 2 min- loved by his family, friends, classmates, and the running of the 117th Boston Marathon. community; utes; Whereas the people of the United States f Whereas the Department of Justice reports will always remember and strive to live by SENATE RESOLUTION 116—DESIG- that more than 200,000 people in the United States are sexually assaulted each year; the poignant and powerful message from NATING SEPTEMBER 26, 2013, AS Martin Richard: ‘‘No more hurting people. Whereas nearly 1 in 5 women and 1 in 71 ‘‘NATIONAL PEDIATRIC BRAIN men have been victims of rape at some point Peace.’’; CANCER AWARENESS DAY’’ Whereas the people of the United States rein their lives; member Krystle Campbell, who grew up in Mrs. FISCHER (for herself and Ms. Whereas the Department of Defense re- Medford, Massachusetts and attended every KLOBUCHAR) submitted the following ceived 3,158 reports of sexual assault involv- Boston Marathon since she was a young girl; resolution; which was considered and ing members of the Armed Forces in fiscal year 2010; Whereas Krystle Campbell will be remem- agreed to: bered as a selfless and caring person who was Whereas children and young adults are S. RES. 116 always there for others; most at risk of sexual assault, as 44 percent Whereas the people of the United States Whereas pediatric brain cancer, although of sexual assault victims are under 18 years are inspired by Krystle Campbell and her rare, is the leading cause of cancer deaths of age, and 80 percent are under 30 years of kind act of caring for her grandmother, who among children and poses substantial health age; was recovering from an operation; and developmental problems for an average Whereas sexual assault affects women, Whereas the people of the United States re- of 3,000 child patients and their families in men, and children of all racial, social, reli- member Lu Lingzi, who came to the United the United States each year; gious, age, ethnic, and economic groups in States from China to study statistics at Bos- Whereas children with brain cancer receive the United States; ton University; treatment at various types of medical estab- Whereas women, men, and children suffer Whereas, on the morning of the Boston lishments, including pediatric hospitals, pe- multiple types of sexual violence, including Marathon on April 15, 2013, Lu Lingzi posted diatric oncology centers, and adult cancer acquaintance, stranger, spousal, and gang on a social media site that she was enjoying facilities; rape, incest, child sexual molestation, forced her day; Whereas the parents, siblings, and families prostitution, trafficking, forced pornog- Whereas Lu Lingzi is a reminder of our of children with brain cancer face unique dif- raphy, ritual abuse, sexual harassment, and common humanity, and that senseless acts ficulties, including ensuring the continuing stalking; of terrorism, such as the bombings that oc- education and development of children un- Whereas it is estimated that the percent- curred during the running of the Boston dergoing intensive surgical procedures, age of completed or attempted rape victim- Marathon, are crimes that have no borders; chemotherapy, and treatment; ization among women in institutions of high- Whereas Richard Donohue, Jr., an officer Whereas children with brain cancer coura- er education is between 20 and 25 percent in the Massachusetts Bay Transportation geously face significant psychological, emo- over the course of a college career; Authority Transit Police Department, tional, and social challenges due to their ill- Whereas, in addition to the immediate worked a shift at the Boston Marathon on ness and the amount of time spent at treat- physical and emotional costs, sexual assault Monday, April 15, 2013, and was wounded ment facilities away from their families, has associated consequences that may in- early in the morning on Friday, April 19, classmates, and friends; clude post-traumatic stress disorder, sub- 2013, when he raced to assist officers from Whereas a number of organizations, includ- stance abuse, major depression, homeless- the MIT and City of Cambridge Police De- ing the Team Jack Legacy Fund, in partner- ness, eating disorders, and suicide; partments as they pursued the Boston Mara- ship with CureSearch for Children’s Cancer, Whereas only 41 percent of sexual assault thon bombing suspects in Watertown, Massa- have worked diligently to raise awareness, victims pursue prosecution by reporting chusetts; encourage diagnosis, and find an ultimate their attack to law enforcement agencies; Whereas, during the ensuing shootout with cure to pediatric brain cancer; and Whereas two-thirds of sexual crimes are the Boston Marathon bombing suspects, Offi- Whereas, on April 6, 2013, 7-year-old pedi- committed by persons who are not strangers cer Richard Donohue, Jr., and other officers, atric brain cancer patient Jack Hoffman to the victims; acting with complete disregard for their own joined the lineup of the University of Ne- Whereas sexual assault survivors suffer safety, withstood a barrage of gunfire and braska Cornhuskers football team for its emotional scars long after the physical scars explosives unleashed by the suspects; spring football game, wearing football pads have healed; Whereas, during the shootout with the Bos- and a number 22 jersey, and ran 69 yards to Whereas, because of advances in DNA tech- ton Marathon bombing suspects, Officer score a touchdown in front of more than nology, law enforcement agencies have the Richard Donohue, Jr., was seriously wounded 60,000 fans at Memorial Stadium in Lincoln, potential to identify the rapists in tens of by a bullet that nearly took his life; Nebraska, touching the hearts of millions of thousands of unsolved rape cases; Whereas Officer Richard Donohue, Jr., is Americans and raising awareness of pediatric Whereas aggressive prosecution can lead to recovering from his injuries and remains in brain cancer: Now, therefore, be it the incarceration of rapists and therefore critical but stable condition; and Resolved, That the Senate— prevent those individuals from committing Whereas the people of the United States (1) designates September 26, 2013 as ‘‘Na- further crimes; pray for all the people who were wounded tional Pediatric Brain Cancer Awareness Whereas national, State, territory, and during the attacks, and pledge to assist them Day’’; and tribal coalitions, community-based rape cri- in any way possible to help them recover (2) commends— sis centers, and other organizations across from their injuries: Now, therefore, be it (A) children battling brain cancer, and the United States are committed to increas- Resolved, That it is the sense of the Senate their families and friends, for their courage ing public awareness of sexual violence and that— and perseverance; its prevalence, and to eliminating sexual vio- (1) the people of the United States honor (B) organizations, including the Team Jack lence through prevention and education; the memories of Officer Sean Collier, Martin Legacy Fund and the University of Ne- Whereas important partnerships have been Richard, Krystle Campbell, and Lu Lingzi, braska, that raise awareness and encourage formed among criminal and juvenile justice and express deep condolences to their fami- the accurate and early diagnosis of the rare agencies, health professionals, public health lies and friends; but devastating disease of pediatric brain workers, educators, first responders, and vic- (2) Officer Sean Collier and Officer Richard cancer; and tim service providers; Donohue, Jr., represent the best of Massa- (C) the researchers, scientists, and Whereas free, confidential help is available chusetts and of law enforcement; healthcare providers who are dedicated to to all survivors of sexual assault through the

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3047 National Sexual Assault Hotline, more than 1,500,000 people in the United States and the and reducing malaria deaths helps to lower 1,000 rape crisis centers across the United prevalence will more than double by 2040; risks of instability in less developed coun- States, and other organizations that provide Whereas there are millions of Americans tries; services to assist survivors of sexual assault; who are caregivers, family members, and Whereas support for efforts to fight ma- Whereas, according to a 2011 survey of rape friends greatly impacted by Parkinson’s dis- laria is in the diplomatic and moral interest crisis centers by the National Alliance to ease every day; of the United States, as that support gen- End Sexual Violence, 50 percent of the rape Whereas it is estimated that the economic erates goodwill toward the United States and crisis centers have experienced a reduction burden of Parkinson’s disease is highlights the values of the people of the in staffing, 65 percent of the rape crisis cen- $14,400,000,000, including indirect costs to pa- United States through the work of govern- ters have a waiting list for services, and tients and family members each year; mental, non-governmental, and faith-based funding and staffing cuts have resulted in 67 Whereas although research suggests the organizations of the United States; percent of the rape crisis centers having to cause of Parkinson’s disease is a combina- Whereas efforts to fight malaria are in the reduce the amount of hours they spend dedi- tion of genetic and environmental factors, long-term economic interest of the United cated to prevention and awareness; the exact cause and progression of the dis- States because those efforts help developing Whereas individual and collective efforts ease is still unknown; countries identify at-risk populations, pro- reflect the dream of the people of the United Whereas there is no objective test or bio- vide better health services, produce States for a country where individuals and marker for Parkinson’s disease, and the rate healthier and more productive workforces, organizations actively work to prevent all of misdiagnosis can be high; advance economic development, and promote forms of sexual violence and no sexual as- Whereas the symptoms of Parkinson’s dis- stronger trading partners; sault victim goes unserved or ever feels that ease vary from person to person and include Whereas 35 countries, the majority of there is no path to justice; and tremors, slowness of movement, difficulty which are in sub-Saharan Africa, account for Whereas April is recognized as ‘‘National with balance, swallowing, chewing, speaking, 91 percent of malaria deaths in the world; Sexual Assault Awareness and Prevention rigidity, cognitive impairment, dementia, Whereas young children and pregnant Month’’: Now, therefore, be it mood disorders, such as depression and anx- women are particularly vulnerable to and Resolved, That— iety, constipation, skin problems, and sleep disproportionately affected by malaria; (1) it is the sense of the Senate that— difficulties; Whereas malaria greatly affects child (A) National Sexual Assault Awareness and Whereas there is currently no cure, ther- health, as children under the age of 5 ac- Prevention Month provides a special oppor- apy, or drug to slow or halt the progression count for an estimated 86 percent of malaria tunity to educate the people of the United of Parkinson’s disease; deaths each year; States about sexual violence and to encour- Whereas medications mask some symp- Whereas malaria poses great risks to ma- age the prevention of sexual assault, the im- toms of Parkinson’s disease for a limited ternal and neonatal health, causing com- proved treatment of survivors of sexual as- amount of time each day, often with dose- plications during delivery, anemia, and low sault, and the prosecution of perpetrators of limiting side effects, and ultimately lose birth weights, with estimates that malaria sexual assault; their effectiveness, leaving the person unable infection causes approximately 400,000 cases (B) it is appropriate to properly acknowl- to move, speak or swallow; and of severe maternal anemia and between edge the more than 20,000,000 men and Whereas increased education and research 75,000 and 200,000 infant deaths annually in women who have survived sexual assault in are needed to find more effective treatments sub-Saharan Africa; the United States and salute the efforts of with fewer side effects and, ultimately, an Whereas heightened national, regional, and survivors, volunteers, and professionals who effective treatment or cure for Parkinson’s international efforts to prevent and treat combat sexual assault; disease: Now, therefore, be it malaria during recent years have made sig- (C) national and community organizations Resolved, That the Senate— nificant progress and helped save hundreds of and private sector supporters should be rec- (1) supports the designation of April as thousands of lives; ognized and applauded for their work in pro- Parkinson’s Awareness Month; Whereas the World Malaria Report 2012 by moting awareness about sexual assault, pro- (2) supports the goals and ideals of Parkin- the World Health Organization states that in viding information and treatment to sur- son’s Awareness Month; 2011, approximately 53 percent of households vivors of sexual assault, and increasing the (3) continues to support research to find in sub-Saharan Africa owned at least one in- number of successful prosecutions of per- better treatments, and eventually, a cure for secticide-treated mosquito net, and house- petrators of sexual assault; and Parkinson’s disease; hold surveys indicated that 90 percent of peo- (D) public safety, law enforcement, and (4) recognizes the people living with Par- ple used an insecticide-treated mosquito net health professionals should be recognized kinson’s who participate in vital clinical if one was available in the household; and applauded for their hard work and inno- trials to advance the knowledge of the dis- Whereas, in 2011, approximately 153,000,000 vative strategies to increase the percentage ease; and people were protected by indoor residual of sexual assault cases that result in the (5) commends the dedication of State, spraying; prosecution and incarceration of the offend- local, regional, and national organizations, Whereas the World Malaria Report 2012 fur- ers; volunteers, researchers and millions of ther states that between 2000 and 2010— (2) the Senate strongly recommends that Americans across the United States working (1) malaria mortality rates decreased by 26 national and community organizations, busi- to improve the quality of life of persons liv- percent around the world; nesses in the private sector, institutions of ing with Parkinson’s disease and their fami- (2) in the African Region of the World higher education, and the media promote, lies. Health Organization, malaria mortality through National Sexual Assault Awareness f rates decreased by 33 percent; and and Prevention Month, awareness of sexual (3) an estimated 1,100,000 malaria deaths violence and strategies to decrease the inci- SENATE RESOLUTION 119—SUP- were averted globally, primarily as a result dence of sexual assault; and PORTING THE GOALS AND of increased interventions; (3) the Senate supports the goals and ideals IDEALS OF WORLD MALARIA Whereas the World Malaria Report 2012 fur- of National Sexual Assault Awareness and DAY ther states that out of 99 countries with on- Prevention Month. going transmission of malaria in 2012, 11 f Mr. COONS (for Mr. WICKER (for him- countries are classified as being in the pre- self, Mr. COONS, Mr. RUBIO, Mr. BOOZ- SENATE RESOLUTION 118—SUP- elimination phase of malaria control, 10 MAN, Mr. COCHRAN, Mr. CARDIN, Mr. countries are classified as being in the elimi- PORTING THE DESIGNATION OF INHOFE, Mr. KIRK, Mr. ISAKSON, Mrs. nation phase, and 5 countries are classified APRIL AS PARKINSON’S AWARE- MURRAY, Mr. DURBIN, Mr. LAUTENBERG, as being in the prevention of introduction NESS MONTH Ms. MIKULSKI, and Mr. BROWN)) sub- phase; Ms. STABENOW (for herself, Mr. mitted the following resolution; which Whereas continued national, regional, and UDALL of Colorado, Mr. ISAKSON, and was considered and agreed to: international investment in efforts to eliminate malaria, including prevention and Mr. JOHANNS) submitted the following S. RES. 119 resolution; which was considered and treatment efforts, the development of a vac- Whereas April 25th of each year is recog- cine to immunize children from the malaria agreed to: nized internationally as World Malaria Day; parasite, and advancements in insecticides, S. RES. 118 Whereas malaria is a leading cause of are critical in order to continue to reduce Whereas Parkinson’s disease is a chronic, death and disease in many developing coun- malaria deaths, prevent backsliding in areas progressive, neurological disease and is the tries, despite being preventable and treat- where progress has been made, and equip the second most common neurological disease in able; United States and the global community the United States; Whereas fighting malaria is in the national with the tools necessary to fight malaria and Whereas there is inadequate comprehen- security interest of the United States, as re- other global health threats; sive data on the incidence and prevalence of ducing the risk of malaria protects members Whereas the United States Government Parkinson’s disease, nevertheless it is esti- of the Armed Forces of the United States has played a leading role in the recent mated that the disease affects 500,000 to serving overseas in malaria-endemic regions, progress made toward reducing the global

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AND SURVIVORS OF CRIME IN Malaria Initiative, found the President’s Ma- f laria Initiative to be a successful, well-led THE UNITED STATES. component of the Global Health Initiative Mr. LEAHY (for Mr. WICKER (for him- SENATE RESOLUTION 121—EX- that has ‘‘earned and deserves the task of self, Mr. LEAHY, Mr. SCHUMER, and Mr. PRESSING SUPPORT FOR THE sustaining and expanding the United States GRASSLEY)) submitted the following DESIGNATION OF MAY 1, 2013, AS Government’s response to global malaria resolution; which was considered and ‘‘SILVER STAR SERVICE BANNER control efforts’’; agreed to: DAY’’ Whereas the United States Government is S. RES. 120 Mrs. MCCASKILL (for herself and Mr. pursuing a comprehensive approach to end- Whereas, in 2011, there were nearly 6,000,000 BLUNT) submitted the following resolu- ing malaria deaths through the President’s victims of violent crime and more than tion, which was considered and agreed Malaria Initiative, which is led by the 17,000,000 victims of property crime in the to: United States Agency for International De- United States; S. RES. 121 velopment and implemented with assistance Whereas, according to National Crime Vic- from the Centers for Disease Control and timization Survey, non-fatal violent crime Whereas the Senate has always honored Prevention, the Department of State, the increased by 17 percent and property crime the sacrifices made by the wounded and ill Department of Health and Human Services, increased by 11 percent in the United States members of the Armed Forces; the National Institutes of Health, the De- between 2010 and 2011; Whereas the Silver Star Service Banner partment of Defense, and private sector enti- Whereas, according to the Federal Bureau has come to represent the members of the ties; of Investigation Uniform Crime Reporting, Armed Forces and veterans who were wound- Whereas the President’s Malaria Initiative ‘‘law enforcement agencies throughout the ed or became ill in combat in the wars focuses on helping partner countries achieve nation reported an increase of 1.9 percent in fought by the United States; Whereas the Silver Star Families of Amer- major improvements in overall health out- the number of violent crimes brought to ica was formed to help the American people comes through improved access to, and qual- their attention for the first 6 months of 2012 when compared with figures reported for the remember the sacrifices made by the wound- ity of, healthcare services in locations with same time in 2011’’; ed and ill members of the Armed Forces by limited resources; and Whereas a just society acknowledges the designing and manufacturing Silver Star Whereas the President’s Malaria Initiative, impact of crime on individuals, families, Service Banners and Silver Star Flags for recognizing the burden of malaria on many schools, and communities by protecting the that purpose; partner countries, has set a target of reduc- rights of crime victims and ensuring that re- Whereas the sole mission of the Silver Star ing the burden of malaria by 50 percent for sources, and services are available to help re- Families of America is to evoke memories of 450,000,000 people, representing 70 percent of build lives; the sacrifices of members and veterans of the the at-risk population in Africa, by 2015: Whereas, despite impressive accomplish- Armed Forces on behalf of the United States Now, therefore, be it ments during the last 40 years in increasing through the presence of a Silver Star Service Resolved, That the Congress— the rights of, and services available to, crime Banner in a window or a Silver Star Flag fly- victims and survivors, many challenges re- (1) supports the goals and ideals of World ing; main to ensure that all victims are— Whereas the sacrifices of members and vet- Malaria Day, including the target of ending (1) treated with dignity, fairness, and re- erans of the Armed Forces on behalf of the malaria deaths by 2015; spect; United States should never be forgotten; and (2) recognizes the importance of reducing (2) offered support and services regardless Whereas May 1, 2013, is an appropriate date malaria prevalence and deaths to improve of whether victims report crimes committed to designate as ‘‘Silver Star Service Banner overall child and maternal health, especially against them; and Day’’: Now, therefore, be it (3) recognized as key participants within in sub-Saharan Africa; Resolved, That the Senate supports the des- the criminal, juvenile, Federal, tribal, and (3) commends the recent progress made to- ignation of May 1, 2013, as ‘‘Silver Star Serv- civil justice systems in the United States ward reducing global malaria morbidity, ice Banner Day’’ and calls upon the people of when victims do report crimes; mortality, and prevalence, particularly the United States to observe the day with Whereas victims and survivors of crime in through the efforts of the President’s Ma- appropriate programs, ceremonies, and ac- the United States need and deserve support laria Initiative and the Global Fund to Fight tivities. and assistance to help them cope with the AIDS, Tuberculosis, and Malaria; often devastating consequences of crime; f (4) welcomes ongoing public-private part- Whereas, during each of the last 31 years, nerships to research and develop more effec- communities across the United States have SENATE RESOLUTION 122—RECOG- tive and affordable tools for malaria diag- joined Congress and the Department of Jus- NIZING THE HISTORIC SIGNIFI- nosis, treatment, and vaccination; tice in commemorating National Crime Vic- CANCE OF THE MEXICAN HOLI- (5) recognizes the goals, priorities, and au- tims’ Rights Week to celebrate a shared vi- DAY OF CINCO DE MAYO thorities to combat malaria set forth in the sion of a comprehensive and collaborative re- Tom Lantos and Henry J. Hyde United sponse that identifies and addresses the Mr. UDALL of Colordo (for himself, States Global Leadership Against HIV/AIDS, many needs of crime victims and survivors; Mr. CORNYN, Mr. REID of Nevada, Mr. Tuberculosis, and Malaria Reauthorization Whereas Congress and the President agree MENENDEZ, Mr. UDALL of New Mexico, Act of 2008 (Public Law 110–293; 122 Stat. on the need for a renewed commitment to Mr. ENZI, and Mr. CRUZ) submitted the 2918); serving all victims of crime in the 21st cen- following resolution; which was consid- (6) supports continued leadership by the tury; ered and agreed to: Whereas the theme of 2013 National Crime United States in bilateral, multilateral, and S. RES. 122 private sector efforts to combat malaria and Victims’ Rights Week, celebrated from April 21 through April 27, 2013, is ‘‘New Challenges, Whereas May 5, or ‘‘Cinco de Mayo’’ in to work with developing countries to create New Solutions’’, which highlights the many Spanish, is celebrated each year as a date of long-term strategies to increase ownership challenges that confront the fields of crime great importance by the Mexican and Mexi- over malaria programs; and victim assistance, justice, and public safety; can-American communities; (7) encourages other members of the inter- and Whereas the Cinco de Mayo holiday com- national community to sustain and increase Whereas the people of the United States memorates May 5, 1862, the date on which their support for and financial contributions recognize and appreciate the continued im- Mexicans who were struggling for independ- to efforts to combat malaria worldwide. portance of promoting the rights of, and ence and freedom fought the Battle of services for, crime victims, and of honoring Puebla; crime victims, survivors, and those who pro- Whereas Cinco de Mayo has become widely vide services for them: Now, therefore be it celebrated annually by nearly all Mexicans Resolved, That the Senate— and Mexican-Americans, north and south of (1) supports the mission and goals of 2013 the United States-Mexico border; National Crime Victims’ Rights Week to in- Whereas the Battle of Puebla was but one crease individual and public awareness of— of the many battles that the courageous

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Mexican people won in their long and brave College in overtime in the Frozen Four semi- SEC. 2. The Senate Legal Counsel is author- struggle for independence and freedom; final game by a score of 3 to 2 to advance to ized to represent the Senator, his office, and Whereas the French army, confident that the national championship game; any employee of the Senator’s office from its battle-seasoned troops were far superior Whereas the national championship game whom evidence may be sought, in connection to the less-seasoned Mexican troops, ex- was played before a sold-out crowd at the with the production of evidence authorized pected little or no opposition from the Mexi- Ridder Arena in Minneapolis, Minnesota; in section one of this resolution. can army; Whereas the University of Minnesota won f Whereas the French army, which had not the 2013 NCAA Women’s Ice Hockey Cham- experienced defeat against any of the finest pionship by defeating Boston University by a SENATE RESOLUTION 125—DESIG- troops of Europe in more than half a cen- score of 6 to 3; NATING APRIL 30, 2013, AS ‘‘DIA Whereas, by winning the national cham- tury, sustained a disastrous loss at the hands DE LOS NINOS: CELEBRATING of an outnumbered and ill-equipped, but pionship game, the University of Minnesota highly spirited and courageous, Mexican improved upon its NCAA record for consecu- YOUNG AMERICANS’’ army; tive home wins, claiming its 27th straight Mr. MENENDEZ (for himself, Mr. victory at Ridder Arena and tying Harvard Whereas, after 3 bloody assaults on Puebla REID, Mr. CRAPO, Mr. DURBIN, Mrs. University for the record for most consecu- in which more than 1,000 French soldiers lost MURRAY, Ms. LANDRIEU, and Mr. LAU- their lives, the French troops were finally tive home wins; TENBERG) submitted the following reso- defeated and driven back by the out- Whereas the University of Minnesota fin- numbered Mexican troops; ished the 2012-2013 season with an unprece- lution; which was considered and Whereas the courageous spirit that Mexi- dented record of 41 wins, 0 losses, and 0 ties; agreed to: can General Ignacio Zaragoza and his men and S. RES. 125 Whereas the University of Minnesota had a displayed during that historic battle can Whereas many countries throughout the postseason record of 7 wins and 0 losses, be- never be forgotten; world, and especially within the Western coming the first team in the 13–year history Whereas many brave Mexicans willingly hemisphere, celebrate ‘‘Dıá de los Nin˜ os’’, or of NCAA women’s ice hockey to finish the gave their lives for the causes of justice and ‘‘Day of the Children’’, on April 30 each year, season with a perfect record; Whereas Uni- freedom in the Battle of Puebla on Cinco de in recognition and celebration of the future Mayo; versity of Minnesota President Eric Kaler and Athletic Director Norward Teague dem- of their country—their children; Whereas the sacrifice of the Mexican fight- Whereas children represent the hopes and ers was instrumental in keeping Mexico from onstrated great leadership bringing athletic success to the University of Minnesota: Now, dreams of the people of the United States falling under European domination while, in and children are the center of families in the the United States, the Union Army battled therefore, be it Resolved, That the Senate— United States; Confederate forces in the Civil War; (1) recognizes the achievements of the Whereas the people of the United States Whereas Cinco de Mayo serves as a re- players, coaches, students, and staff whose should nurture and invest in children to pre- minder that the foundation of the United hard work and dedication helped the Univer- serve and enhance economic prosperity, de- States was built by people from many coun- sity of Minnesota win the 2013 National Col- mocracy, and the spirit of the United States; tries and diverse cultures who were willing legiate Athletic Association Women’s Ice Whereas, according to the 2011 American to fight and die for freedom; Hockey Championship. Community Survey by the Bureau of the Whereas Cinco de Mayo also serves as a re- Census, approximately 17,400,000 of the near- f minder of the close ties between the people ly 52,000,000 individuals of Hispanic descent of Mexico and the people of the United SENATE RESOLUTION 124—TO AU- living in the United States are children States; THORIZE TESTIMONY IN WRIT- under the age of 18, representing more than Whereas, in a larger sense, Cinco de Mayo ING, DOCUMENTS, AND REP- 33 percent of the total Hispanic population symbolizes the right of a free people to self- residing in the United States; determination, just as Benito Juarez, the RESENTATION IN WHITNUM V. TOWN OF GREENWICH, ET AL. Whereas Hispanics, the youngest and fast- president of Mexico during the Battle of est growing ethnic community in the United Puebla, once said, ‘‘El respeto al derecho Mr. REID (for himself and Mr. States, continue the tradition of honoring ajeno es la paz’’ (‘‘Respect for the rights of MCCONNELL) submitted the following their children on Dıá de los Nin˜ os, and wish others is peace’’); and resolution; which was considered and to share this custom with the rest of the Whereas many people celebrate Cinco de agreed to: United States; Mayo during the entire week in which the S. RES. 124 Whereas the primary teachers of family date falls: Now, therefore, be it values, morality, and culture are parents and Resolved, That the Senate— Whereas, in the case of Whitnum v. Town family members, and children are respon- (1) recognizes the historic struggle of the of Greenwich, et al., Case No. 11–1402, pend- sible for passing on family values, morality, ing in Connecticut federal district court, the people of Mexico for independence and free- and culture to future generations; plaintiff has requested the production of tes- dom, which Cinco de Mayo commemorates; Whereas the importance of literacy and timony and documents from Senator Richard and education is most often communicated to Blumenthal and the production of documents (2) encourages the people of the United children through their family members; from the Senator’s office; States to observe Cinco de Mayo with appro- Whereas families should be encouraged to Whereas, pursuant to sections 703(a) and priate ceremonies and activities. engage in family and community activities 704(a)(2) of the Ethics in Government Act of that include extended and elderly family f 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the members and encourage children to explore Senate may direct its counsel to represent SENATE RESOLUTION 123—CON- and develop confidence; GRATULATING THE UNIVERSITY Members and employees of the Senate with respect to any subpoena, order, or request Whereas the designation of a day to honor OF MINNESOTA WOMEN’S ICE for evidence relating to their official respon- the children of the United States will help HOCKEY TEAM ON WINNING ITS sibilities; affirm the significance of family, education, SECOND STRAIGHT NATIONAL Whereas, by the privileges of the Senate of and community for the people of the United COLLEGIATE ATHLETIC ASSOCIA- the United States and Rules VI and XI of the States; TION WOMEN’S ICE HOCKEY Standing Rules of the Senate, no evidence Whereas the designation of a day of special recognition for the children of the United CHAMPIONSHIP under the control or in the possession of the Senate may, by the judicial or administra- States will provide an opportunity for chil- Ms. KLOBUCHAR (for herself and Mr. tive process, be taken from such control or dren to reflect on their future, articulate FRANKEN) submitted the following res- possession but by permission of the Senate; their aspirations, and find comfort and secu- olution; which was considered and and rity in the support of their family members agreed to: Whereas, when it appears that evidence and communities; under the control or in the possession of the Whereas the National Latino Children’s In- S. RES. 123 Senate may promote the administration of stitute, serving as a voice for children, has Whereas, on Sunday, March 24, 2013, the justice, the Senate will take such action as worked with cities throughout the United University of Minnesota Gophers won the will promote the ends of justice consistent States to declare April 30, 2013, to be ‘‘Dıá de 2013 National Collegiate Athletic Association with the privileges of the Senate: Now, los Nin˜ os: Celebrating Young Americans’’, a (referred to in this preamble as the ‘‘NCAA’’) therefore, be it day to bring together Hispanics and other Women’s Ice Hockey Championship; Resolved, That Senator Richard communities in the United States to cele- Whereas the 2013 NCAA Women’s Ice Hock- Blumenthal is authorized to produce testi- brate and uplift children; and ey Championship is the second straight na- mony in writing and relevant office docu- Whereas the children of a country are the tional championship for the University of ments in the case of Whitnum v. Town of responsibility of all of the people of that Minnesota women’s ice hockey team; Greenwich, et al., except concerning matters country, and people should be encouraged to Whereas, on Friday, March 22, 2013, the for which a privilege or objection should be celebrate the gifts of children to society: University of Minnesota defeated Boston asserted. Now, therefore, be it

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Mr. SANDERS submitted an tions, communities, churches, cities, and White Mountains, leaving behind the Old amendment intended to be proposed to States across the United States to observe Man of the Mountain (referred to in this pre- amendment SA 756 submitted by Mr. PAUL the day with appropriate ceremonies, includ- amble as the ‘‘Old Man’’) as a sentinel to and intended to be proposed to the bill S. 743, ing activities that— gaze across their granite majesty; supra; which was ordered to lie on the table. (A) center around children and are free or Whereas granite ledges formed the profile SA 774. Mr. SANDERS submitted an minimal in cost so as to encourage and fa- of the Old Man, framed by the sweeping amendment intended to be proposed to cilitate the participation of all people; curve of the shoulder of a mountain; amendment SA 755 submitted by Mr. PAUL (B) are positive and uplifting, and help Whereas the native son of New Hampshire and intended to be proposed to the bill S. 743, children express their hopes and dreams; and distinguished Member of the Senate, supra; which was ordered to lie on the table. (C) provide opportunities for children of all Daniel Webster, wrote: ‘‘Men hang out their SA 775. Mr. BROWN submitted an amend- backgrounds to learn about one another’s signs indicative of their respective trades; ment intended to be proposed by him to the cultures and share ideas; shoe makers hang out a gigantic shoe; jewel- bill S. 743, supra; which was ordered to lie on (D) include all members of a family, espe- ers a monster watch, and the dentist hangs the table. cially extended and elderly family members, out a gold tooth; but up in the Mountains of SA 776. Ms. AYOTTE submitted an amend- so as to promote greater communication New Hampshire, God Almighty has hung out ment intended to be proposed by her to the among the generations within a family, a sign to show that there He makes men’’; bill S. 743, supra; which was ordered to lie on which will enable children to appreciate and Whereas both the proud visage and the the table. SA 777. Ms. AYOTTE submitted an amend- benefit from the experiences and wisdom of steadfastness of the Old Man embodied the ment intended to be proposed by her to the their elderly family members; character traits of independence, strength, bill S. 743, supra; which was ordered to lie on (E) provide opportunities for families with- and a dedication to live free that are embed- the table. in a community to get acquainted; and ded in Granite Staters; Whereas the home of the Old Man, New SA 778. Mr. THUNE submitted an amend- (F) provide children with the support they ment intended to be proposed by him to the Hampshire, possesses a clear sense of its need to develop skills and confidence and bill S. 743, supra; which was ordered to lie on find the inner strength, will, and fire of the place in the history of the United States as— (1) the first State to adopt its own con- the table. human spirit to make their dreams come SA 779. Mr. HOEVEN (for himself and Ms. true. stitution; (2) the State whose ratification of the Con- KLOBUCHAR) submitted an amendment in- f stitution of the United States helped bring tended to be proposed by him to the bill S. forth this country; and 743, supra; which was ordered to lie on the SENATE RESOLUTION 126—RECOG- table. NIZING THE TEACHERS OF THE (3) the State that, as host of the first presidential primary in the United States, has a SA 780. Mr. TOOMEY submitted an amend- UNITED STATES FOR THEIR CON- continuing role in each election of the Presi- ment intended to be proposed by him to the TRIBUTIONS TO THE DEVELOP- dent; bill S. 743, supra; which was ordered to lie on MENT AND PROGRESS OF OUR Whereas the Old Man was visited by sight- the table. COUNTRY seers from around the world, who found SA 781. Mr. ALEXANDER submitted an strength and inspiration in his image; amendment intended to be proposed by him Mr. REID (for Mr. LAUTENBERG) sub- Whereas visits to the Old Man have in- to the bill S. 743, supra; which was ordered to lie on the table. mitted the following resolution; which spired reverence for that which is irreplace- SA 782. Mr. VITTER (for himself and Mr. was referred to the Committee on able; HELLER) submitted an amendment intended Health, Education, Labor, and Pen- Whereas, for 10 millennia, the Old Man sur- sions: to be proposed by him to the bill S. 743, vived legendary winds, snow, rain, and ice; supra; which was ordered to lie on the table. S. RES. 126 Whereas, on May 3, 2003, the time-worn SA 783. Mr. MERKLEY submitted an Whereas education is the foundation of the granite ledges of the visage of the Old Man amendment intended to be proposed by him current and future strength of the United released their hold on the mountain and fell to the bill S. 743, supra; which was ordered to States; into history; lie on the table. Whereas teachers and other education staff Whereas the loss of the Old Man forever SA 784. Mr. MERKLEY submitted an have earned and deserve the respect of stu- changed the face of New Hampshire and was amendment intended to be proposed by him dents and communities for selfless dedica- felt by all people of the State accustomed to to the bill S. 743, supra; which was ordered to tion to children in the United States; living under his watchful gaze; lie on the table. Whereas the purpose of ‘‘National Teacher Whereas the Old Man, who lived in the SA 785. Mr. MERKLEY submitted an Appreciation Week’’, which is May 6, 2013, heart of the White Mountains, now lives on amendment intended to be proposed by him through May 10, 2013, is to raise public in the hearts of the people of New Hamp- to the bill S. 743, supra; which was ordered to awareness of the important contributions of shire; and lie on the table. teachers and to promote greater respect and Whereas, while Granite Staters mourn the SA 786. Mr. MERKLEY submitted an understanding for the teaching profession; loss of their granite man, they pay tribute amendment intended to be proposed by him Whereas the teachers of the United States with a long glance up at the bare face of the to the bill S. 743, supra; which was ordered to play an important role in preparing children grey mountain and a pause in remembrance lie on the table. SA 787. Mr. MERKLEY submitted an to be positive and contributing members of of the first citizen of the beloved State: Now, amendment intended to be proposed by him society; and therefore, be it to the bill S. 743, supra; which was ordered to Whereas students, schools, communities, Resolved, That the Senate— (1) recognizes the 10th anniversary of the lie on the table. and a number of organizations host teacher SA 788. Ms. COLLINS (for herself and Mr. appreciation events in recognition of ‘‘Na- loss of the Old Man of the Mountain; UDALL of Colorado) submitted an amend- tional Teacher Appreciation Week’’: Now, (2) encourages the people of the United States to preserve the legacy of the Old Man ment intended to be proposed by her to the therefore, be it bill S. 743, supra; which was ordered to lie on Resolved, That the Senate— of the Mountain; (3) recognizes the inspiration provided by the table. (1) thanks teachers for their service; SA 789. Mr. WYDEN submitted an amend- (2) promotes the profession of teaching; the Old Man of the Mountain to generations of Granite Staters and visitors to the State ment intended to be proposed by him to the and bill S. 743, supra; which was ordered to lie on of New Hampshire; and (3) recognizes students, parents, school ad- the table. (4) recognizes the Old Man of the Mountain ministrators, and public officials who par- SA 790. Mrs. MCCASKILL (for herself and as a symbol of liberty, freedom, and inde- ticipate in teacher appreciation events dur- Ms. COLLINS) submitted an amendment in- ing ‘‘National Teacher Appreciation Week’’. pendence. tended to be proposed by her to the bill S. f f 743, supra; which was ordered to lie on the AMENDMENTS SUBMITTED AND table. SENATE RESOLUTION 127—COM- SA 791. Mr. SANDERS submitted an MEMORATING THE 10-YEAR AN- PROPOSED amendment intended to be proposed by him NIVERSARY OF THE LOSS OF SA 771. Ms. COLLINS (for herself and Mr. to the bill S. 743, supra; which was ordered to THE STATE SYMBOL OF NEW KING) submitted an amendment intended to lie on the table. HAMPSHIRE, THE OLD MAN OF be proposed by her to the bill S. 743, to re- SA 792. Mr. COATS (for Mr. PORTMAN (for THE MOUNTAIN store States’ sovereign rights to enforce himself, Mr. COATS, and Ms. AYOTTE)) sub- State and local sales and use tax laws, and mitted an amendment intended to be pro- Ms. AYOTTE (for herself and Mrs. for other purposes; which was ordered to lie posed by Mr. COATS to the bill S. 743, supra; SHAHEEN) submitted the following reso- on the table. which was ordered to lie on the table.

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SA 793. Mr. HOEVEN submitted an amend- (b) MODIFICATION TO GIFT TAX EXCLUSION clusion amount for the calendar year for ment intended to be proposed by him to the AMOUNT.—Paragraph (1) of section 2505(a) of which the tax is being computed. bill S. 743, supra; which was ordered to lie on the Internal Revenue Code of 1986 is amended ‘‘(4) APPLICABLE EXCLUSION AMOUNT.—The the table. to read as follows: term ‘applicable exclusion amount’ means, SA 794. Mr. COATS (for himself, Mr. ‘‘(1) the applicable credit amount in effect with respect to any period, the amount de- PORTMAN, and Ms. AYOTTE) submitted an under section 2010(c) for such calendar year termined under section 2010(c) for such pe- amendment intended to be proposed by him (determined as if the basic exclusion amount riod, except that in the case of any period for to the bill S. 743, supra; which was ordered to in section 2010(c)(2)(A) were $1,000,000), re- which such amount includes the deceased lie on the table. duced by’ ’’’. spousal unused exclusion amount (as defined SA 795. Mr. MERKLEY submitted an (c) MODIFICATIONS OF ESTATE AND GIFT in section 2010(c)(4)), such term shall mean amendment intended to be proposed by him TAXES TO REFLECT DIFFERENCES IN CREDIT the basic exclusion amount (as defined under to the bill S. 743, supra; which was ordered to RESULTING FROM DIFFERENT EXCLUSION section 2010(c)(3), as in effect for such pe- lie on the table. AMOUNTS.— riod).’’. f (1) ESTATE TAX ADJUSTMENT.—Section 2001 (d) EFFECTIVE DATE.—The amendments of the Internal Revenue Code of 1986 is made by this section shall apply to estates of TEXT OF AMENDMENTS amended by adding at the end the following decedents dying, and generation-skipping SA 771. Ms. COLLINS (for herself and new subsection: transfers and gifts made, after December 31, Mr. KING) submitted an amendment in- ‘‘(h) ADJUSTMENT TO REFLECT CHANGES IN 2013. tended to be proposed by her to the bill EXCLUSION AMOUNT.— Mr. SANDERS submitted an S. 743, to restore States’ sovereign ‘‘(1) IN GENERAL.—If, with respect to any SA 774. amendment intended to be proposed to rights to enforce State and local sales gift to which subsection (b)(2) applies, the applicable exclusion amount in effect at the amendment SA 755 submitted by Mr. and use tax laws, and for other pur- time of the decedent’s death is less than such PAUL and intended to be proposed to poses; which was ordered to lie on the amount in effect at the time such gift is the bill S. 743, to restore States’ sov- table; as follows: made by the decedent, the amount of tax ereign rights to enforce State and local At the end, add the following: computed under subsection (b) shall be re- sales and use tax laws, and for other SEC. ll. LIMITATION ON INITIAL COLLECTION duced by the amount of tax which would OF SALES AND USE TAXES FROM RE- have been payable under chapter 12 at the purposes; which was ordered to lie on MOTE SALES. time of the gift if the applicable exclusion the table; as follows: Notwithstanding the last sentence of sec- amount in effect at such time had been the In lieu of the matter proposed to be in- tion 2(a) or the second sentence of section applicable exclusion amount in effect at the serted, insert the following: 2(b), a State may not begin to exercise the time of the decedent’s death and the modi- TITLE l—CORPORATE TAX DODGING authority under this Act— fications described in subsection (g) had been PREVENTION (1) before the date that is 1 year after the applicable at the time of such gifts. SEC. l01. SHORT TITLE. date of the enactment of this Act; and ‘‘(2) LIMITATION.—The aggregate amount of This title may be cited as the ‘‘Corporate (2) during the period beginning on October gifts made in any calendar year to which the Tax Dodging Prevention Act’’. 1 and ending on December 31 of the first cal- reduction under paragraph (1) applies shall endar year beginning after such date of en- not exceed the excess of— SEC. l02. DEFERRAL OF ACTIVE INCOME OF actment. CONTROLLED FOREIGN CORPORA- ‘‘(A) the applicable exclusion amount in ef- TIONS. fect for such calendar year, over Section 952 of the Internal Revenue Code of SA 772. Mr. PORTMAN submitted an ‘‘(B) the applicable exclusion amount in ef- amendment intended to be proposed by 1986 is amended by adding at the end the fol- fect at the time of the decedent’s death. lowing new subsection: him to the bill S. 743, to restore States’ ‘‘(3) APPLICABLE EXCLUSION AMOUNT.—The ‘‘(d) SPECIAL APPLICATION OF SUBPART.— term ‘applicable exclusion amount’ means, sovereign rights to enforce State and ‘‘(1) IN GENERAL.—For taxable years begin- local sales and use tax laws, and for with respect to any period, the amount de- ning after December 31, 2013, notwith- other purposes; which was ordered to termined under section 2010(c) for such pe- standing any other provision of this subpart, lie on the table; as follows: riod, except that in the case of any period for the term ‘subpart F income’ means, in the which such amount includes the deceased case of any controlled foreign corporation, On page 10, line 2, insert ‘‘Such term shall spousal unused exclusion amount (as defined not include any sale made through the mail’’ the income of such corporation derived from in section 2010(c)(4)), such term shall mean any foreign country. after ‘‘Act.’’. the basic exclusion amount (as defined under ‘‘(2) APPLICABLE RULES.—Rules similar to SA 773. Mr. SANDERS submitted an section 2010(c)(3), as in effect for such pe- the rules under the last sentence of sub- riod).’’. amendment intended to be proposed to section (a) and subsection (d) shall apply to (2) GIFT TAX ADJUSTMENT.—Section 2502 of this subsection.’’. amendment SA 756 submitted by Mr. such Code is amended by adding at the end PAUL and intended to be proposed to the following new subsection: SEC. l03. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO the bill S. 743, to restore States’ sov- ‘‘(d) ADJUSTMENT TO REFLECT CHANGES IN LARGE INTEGRATED OIL COMPA- ereign rights to enforce State and local EXCLUSION AMOUNT.— NIES WHICH ARE DUAL CAPACITY sales and use tax laws, and for other ‘‘(1) IN GENERAL.—If the taxpayer made a TAXPAYERS. purposes; which was ordered to lie on taxable gift in an applicable preceding cal- (a) IN GENERAL.—Section 901 of the Inter- the table; as follows: endar period, the amount of tax computed nal Revenue Code of 1986 is amended by re- under subsection (a) shall be reduced by the designating subsection (n) as subsection (o) In lieu of the matter proposed to be in- amount of tax which would have been pay- and by inserting after subsection (m) the fol- serted, insert the following: able under chapter 12 for such applicable pre- lowing new subsection: ll SEC. . MODIFICATIONS TO ESTATE, GIFT, AND ceding calendar period if the applicable ex- ‘‘(n) SPECIAL RULES RELATING TO LARGE IN- GENERATION-SKIPPING TRANSFER clusion amount in effect for such preceding TEGRATED OIL COMPANIES WHICH ARE DUAL TAXES. calendar period had been the applicable ex- CAPACITY TAXPAYERS.— (a) MODIFICATIONS TO ESTATE TAX.— clusion amount in effect for the calendar ‘‘(1) GENERAL RULE.—Notwithstanding any (1) EXCLUSION AMOUNT.—Paragraph (3) of section 2010(c) of the Internal Revenue Code year for which the tax is being computed and other provision of this chapter, any amount of 1986 is amended to read as follows: the modifications described in subsection (g) paid or accrued by a dual capacity taxpayer had been applicable for such preceding cal- which is a large integrated oil company to a ‘‘(3) BASIC EXCLUSION AMOUNT.—For purposes of this section, the basic exclusion endar period. foreign country or possession of the United amount is $3,500,000.’’. ‘‘(2) LIMITATION.—The aggregate amount of States for any period shall not be considered gifts made in any applicable preceding cal- a tax— (2) MAXIMUM ESTATE TAX RATE.—The table in subsection (c) of section 2001 of such Code endar period to which the reduction under ‘‘(A) if, for such period, the foreign country is amended by striking ‘‘Over $1,000,000’’ and paragraph (1) applies shall not exceed the ex- or possession does not impose a generally ap- all that follows and inserting the following: cess of— plicable income tax, or ‘‘(A) the applicable exclusion amount for ‘‘(B) to the extent such amount exceeds the Over $1,000,000 but not $345,800, plus 41 percent such preceding calendar period, over amount (determined in accordance with reg- over $1,250,000. of the excess of such ‘‘(B) the applicable exclusion amount for ulations) which— amount over $1,000,000. the calendar year for which the tax is being ‘‘(i) is paid by such dual capacity taxpayer Over $1,250,000 but not $448,300, plus 43 percent computed. pursuant to the generally applicable income over $1,500,000. of the excess of such ‘‘(3) APPLICABLE PRECEDING CALENDAR YEAR tax imposed by the country or possession, or amount over $1,250,000. Over $1,500,000...... $555,800, plus 45 percent PERIOD.—The term ‘applicable preceding cal- ‘‘(ii) would be paid if the generally applica- of the excess of such endar year period’ means any preceding cal- ble income tax imposed by the country or amount over endar year period in which the applicable ex- possession were applicable to such dual ca- $1,500,000.’’. clusion amount exceeded the applicable ex- pacity taxpayer.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3052 CONGRESSIONAL RECORD — SENATE April 25, 2013 Nothing in this paragraph shall be construed ‘‘(B) the management and control of the ‘‘(ii) decisions about how to invest the as- to imply the proper treatment of any such corporation occurs, directly or indirectly, sets are made in the United States.’’. amount not in excess of the amount deter- primarily within the United States, (b) EFFECTIVE DATE.—The amendments mined under subparagraph (B). then, solely for purposes of chapter 1 (and made by this section shall apply to taxable ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- any other provision of this title relating to years beginning on or after the date which is poses of this subsection, the term ‘dual ca- chapter 1), the corporation shall be treated 2 years after the date of the enactment of pacity taxpayer’ means, with respect to any as a domestic corporation. this Act. foreign country or possession of the United ‘‘(2) CORPORATION DESCRIBED.— SA 775. Mr. BROWN submitted an States, a person who— ‘‘(A) IN GENERAL.—A corporation is de- ‘‘(A) is subject to a levy of such country or scribed in this paragraph if— amendment intended to be proposed by possession, and ‘‘(i) the stock of such corporation is regu- him to the bill S. 743, to restore States’ ‘‘(B) receives (or will receive) directly or larly traded on an established securities sovereign rights to enforce State and indirectly a specific economic benefit (as de- market, or local sales and use tax laws, and for termined in accordance with regulations) ‘‘(ii) the aggregate gross assets of such cor- other purposes; which was ordered to from such country or possession. poration (or any predecessor thereof), includ- lie on the table; as follows: ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— ing assets under management for investors, At the end, add the following: For purposes of this subsection— whether held directly or indirectly, at any SEC. ll. LIMITATIONS ON STATE WITHHOLDING ‘‘(A) IN GENERAL.—The term ‘generally ap- time during the taxable year or any pre- AND TAXATION OF EMPLOYEE IN- plicable income tax’ means an income tax ceding taxable year is $50,000,000 or more. COME. (or a series of income taxes) which is gen- ‘‘(B) GENERAL EXCEPTION.—A corporation (a) IN GENERAL.—No part of the wages or erally imposed under the laws of a foreign shall not be treated as described in this para- other remuneration earned by an employee country or possession on income derived graph if— who performs employment duties in more from the conduct of a trade or business with- ‘‘(i) such corporation was treated as a cor- than one State shall be subject to income in such country or possession. poration described in this paragraph in a pre- tax in any State other than— ‘‘(B) EXCEPTIONS.—Such term shall not in- ceding taxable year, (1) the State of the employee’s residence; clude a tax unless it has substantial applica- ‘‘(ii) such corporation— and tion, by its terms and in practice, to— ‘‘(I) is not regularly traded on an estab- (2) the State within which the employee is ‘‘(i) persons who are not dual capacity tax- lished securities market, and present and performing employment duties payers, and ‘‘(II) has, and is reasonably expected to for more than 30 days during the calendar ‘‘(ii) persons who are citizens or residents continue to have, aggregate gross assets (in- year in which the wages or other remunera- of the foreign country or possession. cluding assets under management for inves- tion is earned. ‘‘(4) LARGE INTEGRATED OIL COMPANY.—For tors, whether held directly or indirectly) of (b) WAGES OR OTHER REMUNERATION.— purposes of this subsection, the term ‘large less than $50,000,000, and Wages or other remuneration earned in any integrated oil company’ means, with respect ‘‘(iii) the Secretary grants a waiver to such calendar year shall not be subject to State to any taxable year, an integrated oil com- corporation under this subparagraph. income tax withholding and reporting re- pany (as defined in section 291(b)(4)) which— ‘‘(C) EXCEPTION FROM GROSS ASSETS TEST.— quirements unless the employee is subject to ‘‘(A) had gross receipts in excess of Subparagraph (A)(ii) shall not apply to a cor- income tax in such State under subsection $1,000,000,000 for such taxable year, and poration which is a controlled foreign cor- (a). Income tax withholding and reporting re- ‘‘(B) has an average daily worldwide pro- poration (as defined in section 957) and which quirements under subsection (a)(2) shall duction of crude oil of at least 500,000 barrels is a member of an affiliated group (as defined apply to wages or other remuneration earned for such taxable year.’’. section 1504, but determined without regard as of the commencement date of employ- (b) EFFECTIVE DATE.— to section 1504(b)(3)) the common parent of ment duties in the State during the calendar (1) IN GENERAL.—The amendments made by which— year. this section shall apply to taxes paid or ac- ‘‘(i) is a domestic corporation (determined (c) OPERATING RULES.—For purposes of de- crued in taxable years beginning after the without regard to this subsection), and termining penalties related to an employer’s State income tax withholding and reporting date of the enactment of this Act. ‘‘(ii) has substantial assets (other than requirements— (2) CONTRARY TREATY OBLIGATIONS cash and cash equivalents and other than (1) an employer may rely on an employee’s UPHELD.—The amendments made by this sec- stock of foreign subsidiaries) held for use in annual determination of the time expected tion shall not apply to the extent contrary the active conduct of a trade or business in to be spent by such employee in the States to any treaty obligation of the United the United States. in which the employee will perform duties States. ‘‘(3) MANAGEMENT AND CONTROL.— ‘‘(A) IN GENERAL.—The Secretary shall pre- absent— SEC. l04. REINSTITUTION OF PER COUNTRY (A) the employer’s actual knowledge of FOREIGN TAX CREDIT. scribe regulations for purposes of deter- fraud by the employee in making the deter- (a) IN GENERAL.—Subsection (a) of section mining cases in which the management and mination; or 904 of the Internal Revenue Code of 1986 is control of a corporation is to be treated as (B) collusion between the employer and the amended to read as follows: occurring primarily within the United ‘‘(a) LIMITATION.—The amount of the credit States. employee to evade tax; in respect of the tax paid or accrued to any ‘‘(B) EXECUTIVE OFFICERS AND SENIOR MAN- (2) except as provided in paragraph (3), if foreign country or possession of the United AGEMENT.—Such regulations shall provide records are maintained by an employer in States shall not exceed the same proportion that— the regular course of business that record of the tax against which such credit is taken ‘‘(i) the management and control of a cor- the location of an employee, such records which the taxpayer’s taxable income from poration shall be treated as occurring pri- shall not preclude an employer’s ability to sources within such country or possession marily within the United States if substan- rely on an employee’s determination under (but not in excess of the taxpayer’s entire tially all of the executive officers and senior paragraph (1); and taxable income) bears to such taxpayer’s en- management of the corporation who exercise (3) notwithstanding paragraph (2), if an tire taxable income for the same taxable day-to-day responsibility for making deci- employer, at its sole discretion, maintains a year.’’. sions involving strategic, financial, and time and attendance system that tracks (b) EFFECTIVE DATE.—The amendment operational policies of the corporation are where the employee performs duties on a made by this section shall apply to taxable located primarily within the United States, daily basis, data from the time and attend- years beginning after December 31, 2013. and ance system shall be used instead of the em- SEC. l05. TREATMENT OF FOREIGN CORPORA- ‘‘(ii) individuals who are not executive offi- ployee’s determination under paragraph (1). TIONS MANAGED AND CONTROLLED cers and senior management of the corpora- (d) DEFINITIONS AND SPECIAL RULES.—For IN THE UNITED STATES AS DOMES- tion (including individuals who are officers purposes of this section: TIC CORPORATIONS. or employees of other corporations in the (1) DAY.— (a) IN GENERAL.—Section 7701 of the Inter- same chain of corporations as the corpora- (A) Except as provided in subparagraph (B), nal Revenue Code of 1986 is amended by re- tion) shall be treated as executive officers an employee is considered present and per- designating subsection (p) as subsection (q) and senior management if such individuals forming employment duties within a State and by inserting after subsection (o) the fol- exercise the day-to-day responsibilities of for a day if the employee performs more of lowing new subsection: the corporation described in clause (i). the employee’s employment duties within ‘‘(p) CERTAIN CORPORATIONS MANAGED AND ‘‘(C) CORPORATIONS PRIMARILY HOLDING IN- such State than in any other State during a CONTROLLED IN THE UNITED STATES TREATED VESTMENT ASSETS.—Such regulations shall day. AS DOMESTIC FOR INCOME TAX.— also provide that the management and con- (B) If an employee performs employment ‘‘(1) IN GENERAL.—Notwithstanding sub- trol of a corporation shall be treated as oc- duties in a resident State and in only one section (a)(4), in the case of a corporation de- curring primarily within the United States nonresident State during one day, such em- scribed in paragraph (2) if— if— ployee shall be considered to have performed ‘‘(A) the corporation would not otherwise ‘‘(i) the assets of such corporation (directly more of the employee’s employment duties be treated as a domestic corporation for pur- or indirectly) consist primarily of as sets in the nonresident State than in the resident poses of this title, but being managed on behalf of investors, and State for such day.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3053 (C) For purposes of this paragraph, the portance of sales and use taxes in an amount of business the customer tax address with re- tion of the day during which the employee is equal to any costs or expenses incurred by spect to the sale of a digital good or a digital in transit shall not be considered in deter- the remote seller for the collection and re- service, and shall be responsible for col- mining the location of an employee’s per- mittance of such taxes. lecting and remitting the correct amount of formance of employment duties. (e) REQUIREMENT TO ENACT REMOTE SELLER tax for the State and local jurisdictions (2) EMPLOYEE.—The term ‘‘employee’’ has LIABILITY DEFENSE LAWS.— whose territorial limits encompass the cus- the same meaning given to it by the State in (1) IN GENERAL.—No State shall be author- tomer tax address if the State has the au- which the employment duties are performed, ized to require sellers to collect and remit thority to require such collection and remit- except that the term ‘‘employee’’ shall not sales and use taxes with respect to remote tance by the seller. include a professional athlete, professional sales sourced to that State under subsection (2) CERTAIN TRANSACTIONS.—When a cus- entertainer, or certain public figures. (a) or (b) unless such State has enacted a law tomer tax address is not a business location (3) PROFESSIONAL ATHLETE.—The term which provides remote sellers protection, of the seller under clause (i) of section ‘‘professional athlete’’ means a person who through an affirmative defense to an action 207(2)(A)— performs services in a professional athletic brought by the State or any locality within (A) if the sale is a separate and discrete event, provided that the wages or other re- the State, from liability with respect to transaction, then a seller shall use reason- muneration are paid to such person for per- sales and use taxes required to be collected able efforts to obtain a customer tax address, forming services in his or her capacity as a and remitted to the State under the author- as such efforts are described in clauses (iii), professional athlete. ity granted by this Act. (iv), and (v) of section 207(2)(A), before re- (4) PROFESSIONAL ENTERTAINER.—The term (2) EXCEPTION.—A State or locality may sorting to using a customer tax address as ‘‘professional entertainer’’ means a person overcome the affirmative defense described determined by clause (vi) of such section who performs services in the professional in paragraph (1) only if it carries its burden 207(2)(A); and performing arts for wages or other remu- of establishing that— (B) if the sale is not a separate and discrete neration on a per-event basis, provided that (A) it has directly notified the remote sell- transaction, then a seller shall use reason- the wages or other remuneration are paid to er of the obligation to collect and remit sales able efforts to obtain a customer tax address, such person for performing services in his or and use taxes and such remote seller has re- as such efforts are described in clauses (ii), her capacity as a professional entertainer. ceived such notification; (iii), (iv), and (v) of section 207(2)(A), before (5) CERTAIN PUBLIC FIGURES.—The term (B) it directly provided software from a resorting to using a customer tax address as ‘‘certain public figures’’ means persons of certified software provider and appropriate determined by clause (vi) of such section prominence who perform services for wages training on using such software; and 207(2)(A). or other remuneration on a per-event basis, (C) the remote seller has failed to use the (b) RELIANCE ON CUSTOMER-PROVIDED IN- provided that the wages or other remunera- software provided by the State. FORMATION.—A seller that relies in good tion are paid to such person for services pro- faith on information provided by a customer vided at a discrete event, in the nature of a SA 777. Ms. AYOTTE submitted an to determine a customer tax address shall speech, public appearance, or similar event. amendment intended to be proposed by not be held liable for any additional tax (6) EMPLOYER.—The term ‘‘employer’’ has her to the bill S. 743, to restore States’ based on a different determination of that the meaning given such term in section customer tax address by a State or local ju- sovereign rights to enforce State and risdiction or court of competent jurisdiction, 3401(d) of the Internal Revenue Code of 1986 local sales and use tax laws, and for (26 U.S.C. 3401(d)), unless such term is de- except if and until binding notice is given as fined by the State in which the employee’s other purposes; which was ordered to provided in subsection (c). employment duties are performed, in which lie on the table; as follows: (c) ADDRESS CORRECTION.—If a State or local jurisdiction is authorized under State case the State’s definition shall prevail. On page 7, between lines 8 and 9, insert the law to administer a tax, and the jurisdiction (7) STATE.—Notwithstanding section 4(8), following: determines that the customer tax address de- the term ‘‘State’’ means any of the several (d) REQUIREMENT FOR REMOTE SELLER COM- termined by a seller is not the customer tax States. PENSATION.—No State shall be authorized to address that would have been determined IME AND ATTENDANCE SYSTEM.—The require sellers to collect and remit sales and (8) T under section 207(2)(A) if the seller had the use taxes with respect to remote sales term ‘‘time and attendance system’’ means a additional information provided by the State system in which— sourced to that State under subsection (a) or or local jurisdiction, then the jurisdiction (A) the employee is required on a contem- (b) unless such State adopts and implements may give binding notice to the seller to cor- poraneous basis to record his work location a requirement providing a remote seller rect the customer tax address on a prospec- for every day worked outside of the State in compensation for the collection and remit- tive basis, effective not less than 45 days which the employee’s employment duties are tance of sales and use taxes in an amount after the date of such notice, if— primarily performed; and equal to any costs or expenses incurred by (1) when the determination is made by a (B) the system is designed to allow the em- the remote seller for the collection and re- local jurisdiction, such local jurisdiction ob- ployer to allocate the employee’s wages for mittance of such taxes. tains the consent of all affected local juris- income tax purposes among all States in dictions within the State before giving such which the employee performs employment SA 778. Mr. THUNE submitted an notice of determination; and duties for such employer. amendment intended to be proposed by (2) before the State or local jurisdiction (9) WAGES OR OTHER REMUNERATION.—The him to the bill S. 743, to restore States’ gives such notice of determination, the cus- term ‘‘wages or other remuneration’’ may be sovereign rights to enforce State and tomer is given an opportunity to dem- limited by the State in which the employ- local sales and use tax laws, and for onstrate in accordance with applicable State ment duties are performed. or local tax administrative procedures that (e) EFFECTIVE DATE; APPLICABILITY.— other purposes; which was ordered to the address used is the customer tax address. FFECTIVE DATE lie on the table; as follows: (1) E .—This section shall (d) COORDINATION WITH SOURCING OF MO- take effect on January 1 of the 2d year that At the end of the bill, insert the following: BILE TELECOMMUNICATIONS SERVICE.— begins after the date of the enactment of TITLE II—DIGITAL GOODS AND SERVICES (1) IN GENERAL.—If— this Act. TAX FAIRNESS (A) a digital good or a digital service is (2) APPLICABILITY.—This section shall not SEC. 201. SHORT TITLE. sold to a customer by a home service pro- apply to any tax obligation that accrues be- vider of mobile telecommunications service fore the effective date of this Act. This title may be cited as the ‘‘Digital Goods and Services Tax Fairness Act of that is subject to being sourced under sec- Ms. AYOTTE submitted an 2013’’. tion 117 of title 4, United States Code, or the SA 776. charges for a digital good or a digital service amendment intended to be proposed by SEC. 202. MULTIPLE AND DISCRIMINATORY are billed to the customer by such a home TAXES PROHIBITED. her to the bill S. 743, to restore States’ service provider; and No State or local jurisdiction shall impose sovereign rights to enforce State and (B) the digital good or digital service is de- multiple or discriminatory taxes on the sale local sales and use tax laws, and for livered, transferred, or provided electroni- or use of a digital good or a digital service. other purposes; which was ordered to cally by means of mobile telecommuni- lie on the table; as follows: SEC. 203. SOURCING LIMITATION. cations service that is deemed to be provided Subject to section 206(a), taxes on the sale On page 7, between lines 8 and 9, insert the by such home service provider under section of a digital good or a digital service may following: 117 of such title, only be imposed by a State or local jurisdic- (d) REQUIREMENT FOR REMOTE SELLER COM- then the home service provider and, if dif- PENSATION.—No State shall be authorized to tion whose territorial limits encompass the ferent, the seller of the digital good or dig- require sellers to collect and remit sales and customer tax address. ital service, may presume that the cus- use taxes with respect to remote sales SEC. 204. CUSTOMER TAX ADDRESS. tomer’s place of primary use for such mobile sourced to that State under subsection (a) or (a) SELLER OBLIGATION.— telecommunications service is the customer (b) unless such State adopts and implements (1) IN GENERAL.—Subject to subsection tax address described in section 207(2)(B) a requirement providing a remote seller (e)(2), a seller shall be responsible for obtain- with respect to the sale of such digital good compensation for the collection and remit- ing and maintaining in the ordinary course or digital service.

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(2) DEFINITIONS.—For purposes of this sub- (1) CUSTOMER.—The term ‘‘customer’’ ming service, or a hotel intermediary serv- section, the terms ‘‘home service provider’’, means a person that purchases a digital ice. ‘‘mobile telecommunications service’’, and good, digital service, or digital code. (C) CLARIFYING DEFINITIONS.—For purposes ‘‘place of primary use’’ have the same mean- (2) CUSTOMER TAX ADDRESS.— of subparagraph (B)— ings as in section 124 of title 4, United States (A) IN GENERAL.—The term ‘‘customer tax (i) the term ‘‘ancillary service’’ means a Code. address’’ means— service that is associated with or incidental (e) MULTIPLE LOCATIONS.— (i) with respect to the sale of a digital good to the provision of telecommunications serv- (1) IN GENERAL.—If a digital good or a dig- or digital service that is received by the cus- ices, including, but not limited to, detailed ital service is sold to a customer and avail- tomer at a business location of the seller, telecommunications billing, directory assist- able for use by the customer in multiple lo- such business location; ance, vertical service, and voice mail serv- cations simultaneously, the seller may de- (ii) if clause (i) does not apply and the pri- ices; termine the customer tax addresses using a mary use location of the digital good or dig- (ii) the term ‘‘audio or video programming reasonable and consistent method based on ital service is known by the seller, such loca- service’’— the addresses of use as provided by the cus- tion; (I) means programming provided by, or tomer and determined in agreement with the (iii) if neither clause (i) nor clause (ii) ap- generally considered comparable to program- customer at the time of sale. plies, and if the location where the digital ming provided by, a radio or television (2) DIRECT CUSTOMER PAYMENT.— good or digital service is received by the cus- broadcast station; and (A) ESTABLISHMENT OF DIRECT PAYMENT tomer, or by a donee of the customer that is (II) does not include interactive on-demand PROCEDURES.—Each State and local jurisdic- services, as defined in paragraph (12) of sec- identified by such customer, is known to the tion shall provide reasonable procedures that tion 602 of the Communications Act of 1934 seller and maintained in the ordinary course permit the direct payment by a qualified (47 U.S.C. 522(12)), pay-per-view services, or of the seller’s business, such location; customer, as determined under procedures services generally considered comparable to (iv) if none of clauses (i) through (iii) ap- established by the State or local jurisdic- such services regardless of the technology plies, the location indicated by an address tion, of taxes that are on the sale of digital used to provide such services; for the customer that is available from the goods and digital services to multiple loca- (iii) the term ‘‘hotel intermediary serv- business records of the seller that are main- tions of the customer and that would, absent ice’’— such procedures, be required or permitted by tained in the ordinary course of the seller’s (I) means a service provided by a person law to be collected from the customer by the business, when use of the address does not that facilitates the sale, use, or possession of seller. constitute bad faith; a hotel room or other transient accommoda- (B) EFFECT OF CUSTOMER COMPLIANCE WITH (v) if none of clauses (i) through (iv) ap- tion to the general public; and DIRECT PAYMENT PROCEDURES.—When a quali- plies, the location indicated by an address (II) does not include the purchase of a dig- fied customer elects to pay tax directly for the customer obtained during the con- ital service by a person who provides a hotel under the procedures established under sub- summation of the sale, including the address intermediary service or by a person who paragraph (A), the seller shall— of a customer’s payment instrument, when owns, operates, or manages hotel rooms or (i) have no obligation to obtain the mul- use of this address does not constitute bad other transient accommodations; tiple customer tax addresses under sub- faith; or (iv) the term ‘‘Internet access service’’ section (a); and (vi) if none of clauses (i) through (v) ap- means a service that enables users to con- (ii) not be liable for such tax, provided the plies, including the circumstance in which nect to the Internet, as defined in the Inter- seller follows the State and local procedures the seller is without sufficient information net Tax Freedom Act (47 U.S.C. 151 note), to and maintains appropriate documentation in to apply such paragraphs, the location from access content, information, or other serv- its books and records. which the digital good was first available for ices offered over the Internet; and SEC. 205. TREATMENT OF BUNDLED TRANS- transmission by the seller (disregarding for (v) the term ‘‘telecommunications serv- ACTIONS AND DIGITAL CODES. these purposes any location that merely pro- ice’’— (a) BUNDLED TRANSACTION.—If a charge for vides for the digital transfer of the product (I) means the electronic transmission, con- a distinct and identifiable digital good or a sold), or from which the digital service was veyance, or routing of voice, data, audio, digital service is aggregated with and not provided by the seller. video, or any other information or signals to separately stated from one or more charges (B) EXCLUSION.—For purposes of this para- a point, or between or among points; for other distinct and identifiable goods or graph, the term ‘‘location’’ does not include (II) includes such transmission, convey- services, which may include other digital the location of a server, machine, or device, ance, or routing in which computer proc- goods or digital services, and any part of the including an intermediary server, that is essing applications are used to act on the aggregation is subject to taxation, then the used simply for routing or storage. form, code, or protocol of the content for entire aggregation may be subject to tax- (3) DELIVERED OR TRANSFERRED ELECTRONI- purposes of transmission, conveyance, or ation, except to the extent that the seller CALLY; PROVIDED ELECTRONICALLY.—The term routing, without regard to whether such can identify, by reasonable and verifiable ‘‘delivered or transferred electronically’’ service is referred to as voice over Internet standards, one or more charges for the non- means the delivery or transfer by means protocol service; and taxable goods or services from its books and other than tangible storage media, and the (III) does not include data processing and records kept in the ordinary course of busi- term ‘‘provided electronically’’ means the information services that allow data to be ness. provision remotely via electronic means. generated, acquired, stored, processed, or re- (b) DIGITAL CODE.—The tax treatment of (4) DIGITAL CODE.—The term ‘‘digital code’’ trieved and delivered by an electronic trans- the sale of a digital code shall be the same as means a code that conveys only the right to mission to a purchaser where such pur- the tax treatment of the sale of the digital obtain a digital good or digital service with- chaser’s primary purpose for the underlying good or digital service to which the digital out making further payment. transaction is the processed data or informa- code relates. (5) DIGITAL GOOD.—The term ‘‘digital good’’ tion. (c) RULE OF CONSTRUCTION.—The sale of a means any software or other good that is de- (7) DISCRIMINATORY TAX.—The term ‘‘dis- digital code shall be considered the sale livered or transferred electronically, includ- criminatory tax’’ means any tax imposed by transaction for purposes of this title. ing sounds, images, data, facts, or combina- a State or local jurisdiction on digital goods SEC. 206. NO INFERENCE. tions thereof, maintained in digital format, or digital services that— (a) CUSTOMER LIABILITY.—Subject to the where such good is the true object of the (A) is not generally imposed and legally prohibition provided in section 202, nothing transaction, rather than the activity or serv- collectible by such State or local jurisdic- in this title modifies, impairs, supersedes, or ice performed to create such good, and in- tion on transactions involving similar prop- authorizes the modification, impairment, or cludes, as an incidental component, charges erty, goods, or services accomplished supersession of any law allowing a State or for the delivery or transfer of the digital through other means; local jurisdiction to impose tax on and collect tax directly from a customer based upon good. (B) is not generally imposed and legally use of a digital good or digital service in (6) DIGITAL SERVICE.— collectible at the same or higher rate by such State. (A) IN GENERAL.—The term ‘‘digital serv- such State or local jurisdiction on trans- (b) NON-TAX MATTERS.—This title shall not ice’’ means any service that is provided elec- actions involving similar property, goods, or be construed to apply in, or to affect, any tronically, including the provision of remote services accomplished through other means; non-tax regulatory matter or other context. access to or use of a digital good, and in- (C) imposes an obligation to collect or pay (c) STATE TAX MATTERS.—The definitions cludes, as an incidental component, charges the tax on a person, other than the seller, contained in this title are intended to be for the electronic provision of the digital than the State or local jurisdiction would used with respect to interpreting this title. service to the customer. impose in the case of transactions involving Nothing in this title shall prohibit a State or (B) EXCEPTIONS.—The term ‘‘digital serv- similar property, goods, or services accom- local jurisdiction from adopting different no- ice’’ does not include a service that is pre- plished through other means; menclature to enforce the provisions set dominantly attributable to the direct, con- (D) establishes a classification of digital forth in this title. temporaneous expenditure of live human ef- services or digital goods providers for pur- SEC. 207. DEFINITIONS. fort, skill, or expertise, a telecommuni- poses of establishing a higher tax rate to be In this title, the following definitions shall cations service, an ancillary service, Inter- imposed on such providers than the tax rate apply: net access service, audio or video program- generally applied to providers of similar

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3055 property, goods, or services accomplished sion and with the authority to assess, im- (1) use amounts available for the oper- through other means; or pose, levy, or collect taxes. ations of the Federal Aviation Administra- (E) does not provide a resale and compo- (14) TAX.— tion for fiscal year 2013 as of the day before nent part exemption for the purchase of dig- (A) IN GENERAL.—The term ‘‘tax’’ means the date of the enactment of this Act; or ital goods or digital services in a manner any charge imposed by any State or local ju- (2) notwithstanding division G of the Con- consistent with the State’s resale and com- risdiction for the purpose of generating reve- solidated and Further Continuing Appropria- ponent part exemption applicable to the pur- nues for governmental purposes, including tions Act, 2013 (Public Law 113–6), or a se- chase of similar property, goods, or services any tax, charge, or fee levied as a fixed questration order issued by the President accomplished through other means. charge or measured by gross amounts pursuant to section 251A(7)(A) of the Bal- (8) MULTIPLE TAX.— charged, regardless of whether such tax, anced Budget and Emergency Deficit Control (A) IN GENERAL.—The term ‘‘multiple tax’’ charge, or fee is imposed on the seller or the Act of 1985 (2 U.S.C. 901a(7)(A))— means any tax that is imposed by one State, customer and regardless of the terminology (A) increase the amount available for the one or more of that State’s local jurisdic- used to describe the tax, charge, or fee. operations of the Federal Aviation Adminis- tions, or both on the same or essentially the (B) EXCLUSIONS.—The term ‘‘tax’’ does not tration for fiscal year 2013 by an amount the same digital goods and digital services that include an ad valorem tax, a tax on or meas- Secretary determines to be necessary to en- is also subject to tax imposed by another ured by capital, a tax on or measured by net sure that flight delays and cancellations do State, one or more local jurisdictions in such income, apportioned gross income, appor- not result from the furloughs described in other State (whether or not at the same rate tioned revenue, apportioned taxable margin, subsection (b); and or on the same basis), or both, without a or apportioned gross receipts, or, a State or (B) reduce amounts made available for credit for taxes paid in other jurisdictions. local jurisdiction business and occupation other programs of the Department of Trans- (B) EXCEPTION.—The term ‘‘multiple tax’’ tax imposed on a broad range of business ac- portation for fiscal year 2013 by an amount shall not include a tax imposed by a State tivity in a State that enacted a State tax on equal to the amount by which funding for and one or more political subdivisions there- gross receipts after January 1, 1932, and be- the operations of the Federal Aviation Ad- of on the same digital goods and digital serv- fore January 1, 1936. ministration is increased under subpara- ices or a tax on persons engaged in selling SEC. 208. EFFECTIVE DATE; APPLICATION. graph (A). digital goods and digital services which also (a) GENERAL RULE.—This title shall take may have been subject to a sales or use tax effect 60 days after the date of enactment of SA 780. Mr. TOOMEY submitted an thereon. this title. amendment intended to be proposed by (9) PRIMARY USE LOCATION.— (b) EXCEPTIONS.—A State or Local jurisdic- him to the bill S. 743, to restore States’ (A) IN GENERAL.—The term ‘‘primary use tion shall have 2 years from the date of en- sovereign rights to enforce State and location’’ means a street address representa- actment of this title to modify any State or tive of where the customer’s use of a digital local sales and use tax laws, and for local tax statue enacted prior to date of en- other purposes; which was ordered to good or digital service will primarily occur, actment of this title to conform to the provi- which shall be the residential street address sions set forth in sections 204 and 205 of this lie on the table; as follows: or a business street address of the actual end title. On page 5, strike lines 4 through 7 and in- user of the digital good or digital service, in- (c) APPLICATION TO LIABILITIES AND PEND- sert the following: cluding, if applicable, the address of a donee ING CASES.—Nothing in this title shall affect paragraph (H); of the customer that is designated by the liability for taxes accrued and enforced be- (iii) certification procedures for persons to customer. fore the effective date of this title, or affect be approved as certified software providers; (B) CUSTOMERS THAT ARE NOT INDIVID- ongoing litigation relating to such taxes. and UALS.—For the purpose of subparagraph (A), SEC. 209. SAVINGS PROVISION. (iv) remote sellers that collect and remit if the customer is not an individual, the pri- If any provision or part of this title is held sales and use taxes under this Act with com- mary use location is determined by the loca- to be invalid or unenforceable by a court of pensation in an amount that is equal to not tion of the customer’s employees or equip- competent jurisdiction for any reason, such less than— ment (machine or device) that make use of holding shall not affect the validity or en- (I) 3 percent of the sales and use taxes col- the digital good or digital service, but does forceability of any other provision or part of lected and remitted to such State during the not include the location of a person who uses this title unless such holding substantially 36-month period following the date that the the digital good or digital service as the pur- limits or impairs the essential elements of exercise of authority under this Act com- chaser of a separate good or service from the this title, in which case this title shall be mences; and customer. deemed invalid and of no legal effect as of (II) 2 percent of the sales and use taxes col- (10) SALE AND PURCHASE.—The terms ‘‘sale’’ the date that the judgment on such holding lected and remitted to such State thereafter. and ‘‘purchase’’, and all variations thereof, is final and no longer subject to appeal. shall include the provision, lease, rent, li- SA 781. Mr. ALEXANDER submitted cense, and corresponding variations thereof. SA 779. Mr. HOEVEN (for himself and an amendment intended to be proposed (11) SELLER.— Ms. KLOBUCHAR) submitted an amend- by him to the bill S. 743, to restore (A) IN GENERAL.—The term ‘‘seller’’ means ment intended to be proposed by him a person making sales of digital goods or dig- States’ sovereign rights to enforce ital services. to the bill S. 743, to restore States’ sov- State and local sales and use tax laws, (B) EXCEPTIONS.—A person that provides ereign rights to enforce State and local and for other purposes; which was or- billing service or electronic delivery or sales and use tax laws, and for other dered to lie on the table; as follows: transport service on behalf of another unre- purposes; which was ordered to lie on Beginning on page 6, strike line 18 and all lated or unaffiliated person, with respect to the table; as follows: that follows through page 7, line 8, and insert the other person’s sale of a digital good or At the end, add the following: the following: digital service, shall not be treated as a sell- SEC. 7. PREVENTION OF INCREASES IN FLIGHT (c) SMALL SELLER EXCEPTION.— er of that digital good or digital service. DELAYS AND CANCELLATIONS. (1) IN GENERAL.—A State is authorized to (C) RULE OF CONSTRUCTION.—Nothing in (a) SHORT TITLE.—This section may be require a remote seller to collect sales and this paragraph shall preclude the person pro- cited as the ‘‘Dependable Air Service Act of use taxes under this Act only if the remote viding the billing service or electronic deliv- 2013’’. seller has gross annual receipts in total re- ery or transport service from entering into a (b) PREVENTION OF INCREASES REQUIRED.— mote sales in the United States in the pre- contract with the seller to assume the tax The Secretary of Transportation shall ensure ceding calendar year exceeding the applica- collection and remittance responsibilities of that flight delays and cancellations do not ble amount (as determined under paragraph the seller. result from furloughs of employees of the (2)). For purposes of determining whether the (12) SEPARATE AND DISCRETE TRANS- Federal Aviation Administration imple- applicable amount in this subsection is ACTION.—The term ‘‘separate and discrete mented as a result of any rescission or reduc- met— transaction’’ means a sale of a digital good, tion in funding for fiscal year 2013 provided (A) the sales of all persons related within digital code, or a digital service sold in a sin- for under— the meaning of subsections (b) and (c) of sec- gle transaction which does not involve any (1) a sequestration order issued by the tion 267 or section 707(b)(1) of the Internal additional charges or continued payment in President pursuant to section 251A(7)(A) of Revenue Code of 1986 shall be aggregated; or order to maintain possession of the digital the Balanced Budget and Emergency Deficit (B) persons with 1 or more ownership rela- good or access to the digital service. Control Act of 1985 (2 U.S.C. 901a(7)(A)); tionships shall also be aggregated if such re- (13) STATE OR LOCAL JURISDICTION.—The (2) section 3002 or 3004 of the Consolidated lationships were designed with a principal term ‘‘State or local jurisdiction’’ means any and Further Continuing Appropriations Act, purpose of avoiding the application of these of the several States, the District of Colum- 2013 (Public Law 113–6); or rules. bia, any territory or possession of the United (3) section 251 or 251A of the Balanced (2) APPLICABLE AMOUNT.—For purposes of States, a political subdivision of any State, Budget and Emergency Deficit Control Act paragraph (1), the applicable amount shall be territory, or possession, or any govern- of 1985 (2 U.S.C. 901 and 901a). equal to— mental entity or person acting on behalf of (c) FUNDING.—In carrying out subsection (A) if the preceding calendar year is 2012, such State, territory, possession, or subdivi- (b), the Secretary of Transportation may— $1,500,000; and

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3056 CONGRESSIONAL RECORD — SENATE April 25, 2013 (B) if the preceding calendar year is 2013 or rate and method of reimbursement shall be him to the bill S. 743, to restore States’ any year thereafter, $1,000,000. determined by the Secretary of the Treas- sovereign rights to enforce State and ury, pursuant to such criteria as are deter- local sales and use tax laws, and for SA 782. Mr. VITTER (for himself and mined appropriate by the Secretary. other purposes; which was ordered to Mr. HELLER) submitted an amendment lie on the table; as follows: intended to be proposed by him to the SA 784. Mr. MERKLEY submitted an At the end, add the following: bill S. 743, to restore States’ sovereign amendment intended to be proposed by SEC. 7. COMPLIANCE BY REMOTE SELLERS rights to enforce State and local sales him to the bill S. 743, to restore States’ BASED OUTSIDE OF THE UNITED and use tax laws, and for other pur- sovereign rights to enforce State and STATES. poses; which was ordered to lie on the local sales and use tax laws, and for (a) IN GENERAL.—Notwithstanding any table; as follows: other purposes; which was ordered to other provision of law, the provisions of this Act shall not take effect for any non-sales At the appropriate place, insert the fol- lie on the table; as follows: tax state remote seller unless the Secretary lowing: On page 8, between lines 20 and 21, insert of the Treasury has certified that the United ll the following: SEC. . PARTICIPATION OF PRESIDENT, VICE States has entered into agreements with PRESIDENT, MEMBERS OF CON- (g) LIMITATION ON PENALTIES.— other nations that would require remote sell- GRESS, POLITICAL APPOINTEES, (1) IN GENERAL.—Notwithstanding any AND CONGRESSIONAL STAFF IN THE ers based outside of the United States to col- other provision of law, in the case of a re- lect and remit sales and use taxes with re- EXCHANGE. mote seller that is required to collect and (a) IN GENERAL.—Section 1312(d)(3)(D) of spect to remote sales sourced to a State, pro- remit sales and use taxes to a State pursuant the Patient Protection and Affordable Care vided that such agreements impose such re- to the authority granted under this Act, a Act (42 U.S.C. 18032(d)(3)(D)) is amended to quirements on the predominant quantity of State may only bring an action against the read as follows: the cumulative total of such remote sales by remote seller pursuant to this Act for failure ‘‘(D) PRESIDENT, VICE PRESIDENT, POLITICAL such remote sellers within the United to properly collect and remit such taxes APPOINTEES, MEMBERS OF CONGRESS, AND CON- States. when due and for any interest due on such GRESSIONAL STAFF IN THE EXCHANGE.— amounts. ‘‘(i) IN GENERAL.—Notwithstanding chapter SA 788. Ms. COLLINS (for herself and Mr. UDALL of Colorado) submitted an 89 of title 5, United States Code, or any pro- SA 785. Mr. MERKLEY submitted an vision of this title the President, the Vice amendment intended to be proposed by President, each political appointee, each amendment intended to be proposed by her to the bill S. 743, to restore States’ Member of Congress, and each Congressional him to the bill S. 743, to restore States’ sovereign rights to enforce State and employee shall be treated as a qualified indi- sovereign rights to enforce State and local sales and use tax laws, and for vidual entitled to the right under this para- local sales and use tax laws, and for other purposes; which was ordered to graph to enroll in a qualified health plan in other purposes; which was ordered to lie on the table; as follows: the individual market offered through an Ex- lie on the table; as follows: change in the State in which the individual At the end, add the following: On page 7, between lines 8 and 9, insert the resides. SEC. 7. AUTHORIZATION TO TRANSFER CERTAIN following: FUNDS TO PREVENT FURLOUGHS BY ‘‘(ii) POLITICAL APPOINTEE.—In this sub- (d) COMPENSATION FOR COSTS RELATED TO THE FEDERAL AVIATION ADMINIS- paragraph, the term ‘political appointee’ AUDITS.— TRATION. means any individual who— (1) IN GENERAL.—In the case of a remote (a) SHORT TITLE.—This section may be ‘‘(I) is employed in a position described seller that collects and remits sales and use cited as the ‘‘Reducing Flight Delays Act of under sections 5312 through 5316 of title 5, taxes to a State pursuant to the authority 2013’’. United States Code, (relating to the Execu- granted under this Act, the State shall fully (b) AUTHORIZATION OF TRANSFER.—Notwith- tive Schedule); reimburse the seller for any costs or ex- standing division G of the Consolidated and ‘‘(II) is a limited term appointee, limited penses related to any audit by such State re- Further Continuing Appropriations Act, 2013 emergency appointee, or noncareer ap- garding the collection and remittance of (Public Law 113–6), any other provision of pointee in the Senior Executive Service, as such taxes (as determined pursuant to para- law, or a sequestration order issued or to be defined under paragraphs (5), (6), and (7), re- graph (2)), provided that the seller has not issued by the President pursuant to section spectively, of section 3132(a) of title 5, United been determined to have knowingly violated 251A(7)(A) of the Balanced Budget and Emer- States Code; or the requirements under this Act. gency Deficit Control Act of 1985 (2 U.S.C. ‘‘(III) is employed in a position in the exec- 901a(7)(A)), the Secretary of Transportation (2) DETERMINATION OF REIMBURSEMENT utive branch of the Government of a con- may transfer during fiscal year 2013 an AMOUNT.—For purposes of this subsection, fidential or policy-determining character amount equal to the amount specified in sub- the amount and method of reimbursement under schedule C of subpart C of part 213 of section (d) to the appropriations account shall be determined by the Secretary of the title 5 of the Code of Federal Regulations. providing for the operations of the Federal Treasury, pursuant to such criteria as are ‘‘(iii) CONGRESSIONAL EMPLOYEE.—In this Aviation Administration, for any activity or determined appropriate by the Secretary. subparagraph, the term ‘Congressional em- activities funded by that account, from— (1) the amount made available for obliga- ployee’ means an employee whose pay is dis- Mr. MERKLEY submitted an bursed by the Secretary of the Senate or the SA 786. tion in that fiscal year as discretionary Chief Administrative Officer of the House of amendment intended to be proposed by grants-in-aid for airports pursuant to section Representatives.’’. him to the bill S. 743, to restore States’ 47117(f) of title 49, United States Code; or (b) EFFECTIVE DATE.—The amendment sovereign rights to enforce State and (2) any other program or account of the made by this section shall take effect as if local sales and use tax laws, and for Federal Aviation Administration. included in the Patient Protection and Af- other purposes; which was ordered to (c) AVAILABILITY AND OBLIGATION OF fordable Care Act. lie on the table; as follows: TRANSFERRED AMOUNTS.—An amount transferred under subsection (b)(1) shall— SA 783. Mr. MERKLEY submitted an On page 7, between lines 8 and 9, insert the (1) be available immediately for obligation amendment intended to be proposed by following: and expenditure as directly appropriated (d) AUDIT EXCEPTION.— him to the bill S. 743, to restore States’ budget authority; and (1) IN GENERAL.—For purposes of the au- (2) be deemed as obligated for grants-in-aid sovereign rights to enforce State and thority granted under subsections (a) and local sales and use tax laws, and for for airports under part B of subtitle VII of (b), a remote seller shall not be subject to an title 49, United States Code, for purposes of other purposes; which was ordered to audit by a State regarding collection or re- complying with the limitation on incurring lie on the table; as follows: mittance of sales and use taxes with respect obligations during that fiscal year under the On page 7, between lines 8 and 9, insert the to remote sales that are sourced to such heading ‘‘GRANTS-IN-AID FOR AIRPORTS’’ following: State if the seller has been subject to an under title I of the Transportation, Housing (d) COMPENSATION FOR COMPLIANCE audit by any State pursuant to such author- and Urban Development, and Related Agen- COSTS.— ity during the preceding 24 months. cies Appropriations Act, 2012 (division C of (1) IN GENERAL.—In the case of a remote (2) DEFINITION.—For purposes of paragraph Public Law 112–55; 125 Stat. 647), and made seller that collects and remits sales and use (1), the term ‘‘non-sales tax state remote applicable to fiscal year 2013 by division F of taxes to a State pursuant to the authority seller’’ means a remote seller that is the Consolidated and Further Continuing granted under this Act, such State shall headquartered in and has a majority of its Appropriations Act, 2013 (Public Law 113–6). fully reimburse the seller for any costs or ex- full-time employees located in a State that (d) AMOUNT SPECIFIED.—The amount speci- penses related to the collection and remit- does not maintain a statewide sales tax or fied in this subsection is the amount, not to tance of such taxes (as determined pursuant equivalent use tax. exceed $253,000,000, that the Secretary of to paragraph (2)). Transportation determines to be necessary— (2) DETERMINATION OF REIMBURSEMENT SA 787. Mr. MERKLEY submitted an (1) to prevent during fiscal year 2013 fur- RATE.—For purposes of this subsection, the amendment intended to be proposed by loughs of employees of the Federal Aviation

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3057 Administration whom the Secretary deter- ‘‘clauses (i) and (ii) of paragraph (3)(E), and (2) notwithstanding division G of the Con- mines are necessary for ensuring a safe and paragraph (10)(E)’’; and solidated and Further Continuing Appropria- efficient air transportation system; and (2) in clause (ii), by striking ‘‘and clauses tions Act, 2013 (Public Law 113–6), or a se- (2) to continue during that fiscal year the (i) and (ii) of paragraph (3)(E)’’ and inserting questration order issued by the President operations of air traffic control towers that ‘‘clauses (i) and (ii) of paragraph (3)(E), and pursuant to section 251A(7)(A) of the Bal- were operational as of January 1, 2013, under paragraph (10)(E)’’. anced Budget and Emergency Deficit Control the contract tower program of the Federal Act of 1985 (2 U.S.C. 901a(7)(A))— Aviation Administration. SA 792. Mr. COATS (for Mr. PORTMAN (A) increase the amount available for the (for himself, Mr. COATS, and Ms. operations of the Federal Aviation Adminis- SA 789. Mr. WYDEN submitted an AYOTTE)) submitted an amendment in- tration for fiscal year 2013 by an amount the amendment intended to be proposed by tended to be proposed by Mr. Coats to Secretary determines to be necessary to en- him to the bill S. 743, to restore States’ the bill S. 743, to restore States’ sov- sure that flight delays and cancellations do sovereign rights to enforce State and ereign rights to enforce State and local not result from the furloughs described in local sales and use tax laws, and for subsection (b); and sales and use tax laws, and for other (B) reduce amounts made available for other purposes; which was ordered to purposes; which was ordered to lie on other programs of the Department of Trans- lie on the table; as follows: the table; as follows: portation for fiscal year 2013 by an amount At the end, add the following: At the end, add the following: equal to the amount by which funding for SEC. 7. EFFECTIVE DATE. SEC. ll. REVENUE-NEUTRALITY LIMITATION. the operations of the Federal Aviation Ad- This Act shall not take effect until the (a) IN GENERAL.—No State shall be author- ministration is increased under subpara- date on which the United States Inter- ized to require sellers to collect and remit graph (A). national Trade Commission determines, and sales and use taxes with respect to remote (d) ADDITIONAL AMOUNT FOR CONTRACT reports to Congress, that the provisions of sales sourced to that State under subsection TOWER PROGRAM.— this Act will not injure remote sellers lo- (a) or (b) of section 2 unless such State has (1) IN GENERAL.—There is appropriated to cated in the United States as a result of the enacted into law a reduction in taxes by an the Secretary of Transportation $130,000,000 exclusion of remote sellers located outside of amount not less than the net revenue col- for fiscal year 2013 for the contract tower the United States from taxation pursuant to lected and remitted to such State by reason program of the Federal Aviation Administra- this Act. of the authority granted under such sub- tion. sections, as determined on an annual, bien- (2) ADDITIONAL AMOUNT.—The amount ap- SA 790. Mrs. McCASKILL (for herself nial, or permanent basis. propriated pursuant to paragraph (1) shall be and Ms. COLLINS) submitted an amend- (b) COMPLIANCE.— in addition to amounts appropriated for the ment intended to be proposed by her to (1) IN GENERAL.—The Governor of each Federal Aviation Administration under title I of the Transportation, Housing and Urban the bill S. 743, to restore States’ sov- State which exercises the authority granted under this Act shall certify in writing com- Development, and Related Agencies Appro- ereign rights to enforce State and local pliance with subsection (a) no later than 18 priations Act, 2012 (division C of Public Law sales and use tax laws, and for other months after the State exercises the author- 112–55; 125 Stat. 641), as made available by purposes; which was ordered to lie on ity granted by this Act. section 1101(a)(7) of division F of the Consoli- the table; as follows: (2) NO JUDICIAL REVIEW.—The compliance of dated and Further Continuing Appropria- At the appropriate place, insert the fol- a State with subsection (a) shall not be sub- tions Act, 2013 (Public Law 113–6). lowing: ject to judicial review. (3) OFFSET.—Of amounts appropriated for fiscal years before fiscal year 2013 that re- SEC. lll. PROHIBITION ON BONUSES AND (c) NET REVENUE.—For purposes of sub- AWARDS. section (a), the term ‘‘net revenue’’ means main available for obligation as of the date of the enactment of this Act and that are not (a) DEFINITIONS.—In this section— gross revenues reduced by the amount of any (1) the terms ‘‘agency’’ and ‘‘employee’’ costs incurred in the collection of taxes on designated an emergency requirement pursu- have the meanings given such terms in sec- remote sales and related administrative ant to a concurrent resolution on the budget tion 4501 of title 5, United States Code; costs. or the Balanced Budget and Emergency Def- (2) the term ‘‘bonus’’ means— icit Control Act of 1985, the following (A) an award under subchapter I of chapter SA 793. Mr. HOEVEN submitted an amounts are rescinded from the following ac- 45 of title 5, United States Code; and amendment intended to be proposed by counts: (B) an award under section 5384 of title 5, him to the bill S. 743, to restore States’ (A) ‘‘Department of Transportation, Fed- United States Code; and sovereign rights to enforce State and eral Aviation Administration, Facilities and (3) the term ‘‘sequestration period’’ means local sales and use tax laws, and for Equipment’’, $23,861,002. a period beginning on the date on which a se- (B) ‘‘Department of Transportation, Fed- other purposes; which was ordered to eral Aviation Administration, Research, En- questration order is issued under section 251 lie on the table; as follows: or 251A of the Balanced Budget and Emer- gineering, and Development’’, $26,183,998. At the end, add the following: gency Deficit Control Act (2 U.S.C. 901 and SA 794. Mr. COATS (for himself, Mr. 901a) and ending on the last day of the fiscal SEC. 7. PREVENTION OF INCREASES IN FLIGHT DELAYS AND CANCELLATIONS; CON- PORTMAN, and Ms. AYOTTE) submitted year to which the sequestration order ap- TINUED OPERATION OF CONTRACT plies. an amendment intended to be proposed TOWER PROGRAM. by him to the bill S. 743, to restore (b) PROHIBITION.—Notwithstanding any (a) SHORT TITLE.—This section may be other provision of law, an agency may not cited as the ‘‘Dependable Air Service Act of States’ sovereign rights to enforce award a bonus to an employee— 2013’’. State and local sales and use tax laws, (1) during a sequestration period; or (b) PREVENTION OF INCREASES REQUIRED.— and for other purposes; which was or- (2) that relates to any period of service per- The Secretary of Transportation shall ensure dered to lie on the table; as follows: formed during a fiscal year during which a that flight delays and cancellations do not At the end, add the following: sequestration order is issued under section result from furloughs of employees of the SEC. ll. REVENUE-NEUTRALITY LIMITATION. 251 or 251A of the Balanced Budget and Federal Aviation Administration imple- (a) IN GENERAL.—No State shall be author- Emergency Deficit Control Act (2 U.S.C. 901 mented as a result of any rescission or reduc- ized to require sellers to collect and remit and 901a). tion in funding for fiscal year 2013 provided sales and use taxes with respect to remote for under— sales sourced to that State under subsection SA 791. Mr. SANDERS submitted an (1) a sequestration order issued by the (a) or (b) of section 2 unless such State has amendment intended to be proposed by President pursuant to section 251A(7)(A) of enacted into law a reduction in taxes by an him to the bill S. 743, to restore States’ the Balanced Budget and Emergency Deficit amount not less than the net revenue col- sovereign rights to enforce State and Control Act of 1985 (2 U.S.C. 901a(7)(A)); lected and remitted to such State by reason local sales and use tax laws, and for (2) section 3002 or 3004 of the Consolidated of the authority granted under such sub- other purposes; which was ordered to and Further Continuing Appropriations Act, sections, as determined on an annual, bien- 2013 (Public Law 113–6); or nial, or permanent basis. lie on the table; as follows: (3) section 251 or 251A of the Balanced (b) COMPLIANCE.— At the appropriate place, insert the fol- Budget and Emergency Deficit Control Act (1) IN GENERAL.—The Governor of each lowing: of 1985 (2 U.S.C. 901 and 901a). State which exercises the authority granted SEC. ll. PROHIBITION ON ADMISSION TO THE (c) FUNDING FOR PREVENTING FURLOUGHS.— under this Act shall certify in writing com- UNITED STATES OF TAX EVADERS. In carrying out subsection (b), the Secretary pliance with subsection (a) no later than 18 Section 212(d)(3)(A) of the Immigration and of Transportation may— months after the State exercises the author- Nationality Act (8 U.S.C. 1182(d)(3)(A)) is (1) use amounts available for the oper- ity granted by this Act. amended— ations of the Federal Aviation Administra- (2) NO JUDICIAL REVIEW.—The compliance of (1) in clause (i), by striking ‘‘and clauses (i) tion for fiscal year 2013 as of the day before a State with subsection (a) shall not be sub- and (ii) of paragraph (3)(E)’’ and inserting the date of the enactment of this Act; or ject to judicial review.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3058 CONGRESSIONAL RECORD — SENATE April 25, 2013 (c) NET REVENUE.—For purposes of sub- AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without section (a), the term ‘‘net revenue’’ means MEET objection, it is so ordered. gross revenues reduced by the amount of any costs incurred in the collection of taxes on COMMITTEE ON ARMED SERVICES f remote sales and related administrative Mr. DURBIN. Mr. President, I ask costs. unanimous consent that the Com- EXECUTIVE SESSION mittee on Armed Services be author- SA 795. Mr. MERKLEY submitted an ized to meet during the session of the amendment intended to be proposed by EXECUTIVE CALENDAR him to the bill S. 743, to restore States’ Senate on April 25, 2013, at 8:30 a.m. The PRESIDING OFFICER. Without sovereign rights to enforce State and Mr. REID. I ask unanimous consent local sales and use tax laws, and for objection, it is so ordered. the Senate proceed to executive session other purposes; which was ordered to COMMITTEE ON ENERGY AND NATURAL to consider nominations 24, 25, 61, and lie on the table; as follows: RESOURCES 89. On page 8, between lines 20 and 21, insert Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without the following: unanimous consent that the Com- objection, it is so ordered. (g) PREVENTING DISCRIMINATION IN COM- mittee on Energy and Natural Re- Mr. REID. I ask unanimous consent PENSATION FOR COMPLIANCE COSTS.— sources be authorized to meet during that the nominations be confirmed en (1) IN GENERAL.—In the case of a State that the session of the Senate on April 25, bloc, the motion to reconsider be con- provides reimbursement (other than through 2013, at 10 a.m., in room SD–366 of the sidered made and laid on the table, a State tax deduction for ordinary and nec- Dirksen Senate Office Building. essary expenses paid or incurred during the there be no intervening action or de- taxable year in carrying on any trade or The PRESIDING OFFICER. Without bate, and that no further motions be in business) for expenses related to collection objection, it is so ordered. order to any of the nominations, any and remittance of sales and use taxes to sell- COMMITTEE ON ENERGY AND NATURAL statements be printed in the RECORD, ers that are located within the State, such RESOURCES and the President be immediately noti- State shall provide an equivalent rate and Mr. DURBIN. Mr. President, I ask fied of the Senate’s action, and the method of reimbursement to any remote unanimous consent that the Com- Senate then resume legislative session. seller for expenses related to the collection mittee on Energy and Natural Re- and remittance of sales and use taxes on re- The PRESIDING OFFICER. Without mote sales sourced to that State. sources be authorized to meet during objection, it is so ordered. (2) ADMINISTRATION.—The Secretary of the the session of the Senate subcommittee The nominations considered and con- Treasury may issue such regulations or guid- hearing on April 25, 2013, at 2:30 p.m., in firmed are as follows: ance as may be necessary for the administra- room SD–366 of the Dirksen Senate Of- DEPARTMENT OF THE TREASURY tion of the requirements described in para- fice Building. graph (1). Christopher J. Meade, of New York, to be The PRESIDING OFFICER. Without General Counsel for the Department of the f objection, it is so ordered. Treasury. NOTICES OF HEARINGS COMMITTEE ON THE JUDICIARY DEPARTMENT OF HEALTH AND HUMAN SERVICES Mr. President, I would like to an- Mr. DURBIN. Mr. President, I ask William B. Schultz, of the District of Co- nounce that the Committee on Indian unanimous consent that the Com- lumbia, to be General Counsel of the Depart- Affairs will meet during the session of mittee on the Judiciary be authorized ment of Health and Human Services. the Senate on May 15, 2013, in room to meet during the session of the Sen- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SD–628 of the Dirksen Senate Office ate, on April 25, 2013, at 9:30 a.m. in Jenny R. Yang, of the District of Colum- Building, at 2:30 p.m., to conduct a SD–226 of the Dirksen Senate Office bia, to be a Member of the Equal Employ- hearing ‘‘To Receive the Views and Pri- Building, to conduct an executive busi- ment Opportunity Commission for a term ex- orities of Interior Secretary Jewell ness meeting. piring July 1, 2017. with Regard to Matters of Indian Af- The PRESIDING OFFICER. Without IN THE DEPARTMENT OF JUSTICE fairs.’’ objection, it is so ordered. Karol Virginia Mason, of Georgia, to be an Those wishing additional information SELECT COMMITTEE ON INTELLIGENCE Assistant Attorney General. may contact the Indian Affairs Com- Mr. DURBIN. Mr. President, I ask f mittee at (202) 224–2251. unanimous consent that the Select Mr. WYDEN. Mr. President, I would Committee on Intelligence be author- LEGISLATIVE SESSION like to advise you that the Senate ized to meet during the session of the Committee on Energy and Natural Re- The PRESIDING OFFICER. The Sen- Senate on April 25, 2013, at 2:30 p.m. ate will resume legislative session. sources will hold a business meeting on The PRESIDING OFFICER. Without Wednesday, May 8, 2013 at 11:30 a.m., in objection, it is so ordered. f room 366 of the Dirksen Senate Office SUBCOMMITTEE ON EAST ASIA AND PACIFIC UNANIMOUS CONSENT AGREE- Building. AFFAIRS The purpose of the business meeting MENT—EXECUTIVE CALENDAR Mr. DURBIN. Mr. President, I ask is to consider pending calendar busi- unanimous consent that the Com- Mr. REID. Madam President, I ask ness. mittee on Foreign Relations be author- unanimous consent that at a time to be For further information, please con- determined by me, in consultation with tact Sam Fowler at (202) 224–7571 or ized to meet during the session of the Senator MCCONNELL, the Senate pro- Abigail Campbell at (202) 224–4905. Senate on April 25, 2013, at 2 p.m., to Mr. President, I would like to an- hold a East Asia and Pacific Affairs ceed to executive session to consider nounce that the Committee on Indian subcommittee hearing entitled, ‘‘Re- Calendar No. 42; there be 1 hour for de- Affairs will meet during the session of balance to Asia II: Security and De- bate equally divided in the usual form; the Senate on May 8, 2013, in room SD– fense: Cooperation and Challenges.’’ that upon the use or yielding back of 628 of the Dirksen Senate Office Build- The PRESIDING OFFICER. Without that time, the Senate proceed to vote ing, at 2:30 p.m., to conduct a hearing objection, it is so ordered. with no intervening action or debate to receive testimony on the following f on the nomination; that the motion to reconsider be considered made and laid bills: S. 434, to authorize and imple- PRIVILEGES OF THE FLOOR ment the water rights compact among on the table, with no intervening ac- the Blackfeet Tribe of the Blackfeet Mr. PAUL. Mr. President, I ask unan- tion or debate, and no further motions Indian Reservation and the State of imous consent that Justin Hamilton, be in order to the nomination; that any Montana, and for other purposes, and an intern in my office, and Steven statements related to the nomination S. 611, to make a technical amendment Phan of the Sergeant at Arms’ office be be printed in the RECORD, and that the to the T’uf Shur Bien Preservation allowed the privileges of the floor for President be immediately notified of Trust Area Act, and for other purposes. today’s session and that Stephen Phan the Senate’s action, and the Senate Those wishing additional information be allowed to stand next to me to in- then resume legislative session. may contact the Indian Affairs Com- terpret my remarks into American sign The PRESIDING OFFICER. Without mittee at (202) 224–2251. language. objection, it is so ordered.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3059 REDUCING FLIGHT DELAYS ACT controllers. This is essentially 10 per- affects the entitlement funds airports OF 2013 cent of its workforce, which equates to are guaranteed to receive. The program Mr. REID. Madam President, I ask one furlough day per bi-weekly pay pe- has sufficient funding to support this unanimous consent that the Senate riod, for a maximum of 11 days through effort. Historically, AIP carryover bal- proceed to S. 853, introduced earlier September 30th. ances range between $400–450 million today. The challenges the FAA faces this and has not been below $300 million in The PRESIDING OFFICER. The fiscal year are daunting; not only is the last decade. In fact, last year there clerk will report the bill by title. the agency operating under a con- was approximately $700 million of these The bill clerk read as follows: tinuing resolution but sequestration carryover balances. A bill (S. 853) to provide the Secretary of compounds the problem. It is impor- Over the past several years, the avia- Transportation with the flexibility to trans- tant that sequestration is implemented tion industry has faced tough economic fer certain funds to prevent reduced oper- in a way that ensures safety and mini- hardships. I recognize that aviation ations and staffing of the Federal Aviation mizes the impact on the traveling pub- plays a critical role in driving eco- Administration, and for other purposes. lic as well as jobs in the hospitality nomic growth, jobs and investment There being no objection, the Senate and airline industries. FAA recently across the country. The Airport Im- proceeded to consider the bill. announced its plans to achieve savings provement Program is a very impor- Mr. REID. Before we hear from my by implementing furloughs of air traf- tant program which supports infra- friend from Maine, I appreciate very fic controllers. structure at our nation’s airports. much her tenacity, her diligence, and These cuts have already caused wide- This bill should be recognized as a that of Senator ROCKEFELLER and oth- spread delays to the air transportation one-time solution in order to avert the ers. This is something that has been system and were expected to get worse. serious national impacts that have re- difficult, but I think it is the right It is estimated that as many as 6,700 sulted from the decisions made by the thing to do. Hopefully when we get flights would be delayed each day, FAA. back, we can have something broader more than double the worst day of I urge my colleagues to support this in scope than just this. flight delays last year. This reduction bill, and I am grateful to both the Ma- The PRESIDING OFFICER. The Sen- in staffing of air traffic controllers has jority and Minority Leaders. ator from Maine. been the primary cause of one out of I thank them for their cooperation in Ms. COLLINS. Madam President, I every three delays since the furloughs making this happen. It is nice to know am delighted that the Senate will pass began. that when we work together, we really a bipartisan bill to resolve a serious In fact, on Monday alone, there were can solve problems. problem confronting the American 2,660 delays, of which 1,200 were due to The PRESIDING OFFICER. The ma- traveling public and our economy. I the furloughs, and 2,000 delays on Tues- jority leader. thank the majority leader, Senator day, of which 1,025 due to the reduced Mr. REID. Madam President, we were REID, the minority leader, the Repub- staff. What was even more troubling is able to accomplish two very important lican leader, Senator MCCONNELL, and that soon we will be approaching the things this week. One is the final pas- all the staff who have worked so hard summer peak travel season. Some air- sage of the Internet tax issue, but that to make this happen. ports may experience delays of up to is because it was a bipartisan issue, I am very pleased to be joined in three hours during peak travel times. and we were able to get this done. sponsoring this bill by many of our col- The FAA acknowledges that these Madam President, I ask unanimous leagues, including Senator ROCKE- service reductions will adversely affect consent that the bill be read three FELLER, Senator THUNE, Senator MARK commercial, corporate, and general times and passed and that the motion UDALL, Senator RISCH, Senator ROB- aviation operators. The FAA expects to reconsider be laid upon the table, ERTS, Senator ISAKSON, Senator that as airlines estimate the potential with no intervening action or debate. MCCASKILL, Senator HAGAN, the Pre- impacts of these furloughs, they will be The PRESIDING OFFICER. Without siding Officer, Senator TOOMEY, Sen- forced to change their schedules, can- objection, it is so ordered. ator CHAMBLISS, Senator MURKOWSKI, cel flights, and lay off employees. The bill (S. 853) was ordered to be en- Senator WARNER, Senator BEGICH, Sen- Our bill, The Reducing Flight Delays grossed for a third reading, was read a ator NELSON, and Senator HELLER. Act of 2013, would provide the Sec- third time, and passed, as follows: As the ranking member of the Appro- retary of Transportation the flexibility S. 853 priations Transportation Sub- to transfer certain funds to prevent Be it enacted by the Senate and House of Rep- committee, I have been very concerned furloughs of essential employees at the resentatives of the United States of America in about the serious delays that have been FAA. It would give the Secretary the Congress assembled, caused by the FAA furloughs of air authority to transfer an amount not to SECTION 1. SHORT TITLE. traffic controllers. In fact, Secretary of exceed $253 million to prevent essential This Act may be cited as the ‘‘Reducing Transportation LaHood and FAA Ad- employees at the FAA, such as air traf- Flight Delays Act of 2013’’. ministrator Huerta met with me this fic controllers, from being furloughed SEC. 2. AUTHORIZATION TO TRANSFER CERTAIN morning to discuss this problem and in order to reduce flight delays while FUNDS TO PREVENT REDUCED OP- maintaining a safe and efficient na- ERATIONS AND STAFFING OF THE our proposed solution. FEDERAL AVIATION ADMINISTRA- The Collins-Rockefeller-Thune-Udall tional airspace system. TION. bill would restore the funding for these My bill would accomplish this goal (a) IN GENERAL.—Notwithstanding division essential air traffic controller posi- by allowing a one-time shift of unused G of the Consolidated and Further Con- tions, and that should prevent the on- monies in the Airport Improvement tinuing Appropriations Act, 2013 (Public Law erous delays that were occurring and Program to Operations. I first raised 113–6), any other provision of law, or a se- were only going to get worse as the the idea of using AIP carryover bal- questration order issued or to be issued by traveling season reached its peak this ances as a solution at the policy lunch the President pursuant to section 251A(7)(A) of the Balanced Budget and Emergency Def- summer. That would have had a ripple on Tuesday, and many of my col- icit Control Act of 1985 (2 U.S.C. 901a(7)(A)), effect throughout the hospitality in- leagues indicated interest in this ap- the Secretary of Transportation may trans- dustry in particular and caused job proach. Our bill has been vetted by the fer during fiscal year 2013 an amount equal losses that we can ill afford. General Counsel offices at both the to the amount specified in subsection (c) to I just wish to point out that there lit- FAA and the Secretary’s office. Sec- the appropriations account providing for the erally have been thousands of flights retary LaHood told me this morning operations of the Federal Aviation Adminis- delayed since the furloughs went into that it is an effective, workable solu- tration, for any activity or activities funded effect, and I am so happy we were able tion. by that account, from— The transfer would come largely (1) the amount made available for obliga- to work together across the aisle in a tion in that fiscal year as discretionary bipartisan way to resolve this problem. from carryover balances within the grants-in-aid for airports pursuant to section The FAA recently began furloughing Airport Improvement Program (AIP). 47117(f) of title 49, United States Code; or 47,000 employees this past Sunday, To be clear: this is the discretionary (2) any other program or account of the which includes nearly 15,000 air traffic portion of the program and in no way Federal Aviation Administration.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S3060 CONGRESSIONAL RECORD — SENATE April 25, 2013 (b) AVAILABILITY AND OBLIGATION OF priate. It would also authorize the Sen- The preambles were agreed to. TRANSFERRED AMOUNTS.—An amount trans- ate Legal Counsel to represent the Sen- (The resolutions, with their pre- ferred under subsection (a)(1) shall— ator, his office, and any employee of ambles, are printed in today’s RECORD (1) be available immediately for obligation the Senator’s office from whom evi- under ‘‘Submitted Resolutions.’’) and expenditure as directly appropriated budget authority; and dence may be sought in this case. f S. RES. 122 (2) be deemed as obligated for grants-in-aid APPOINTMENTS for airports under part B of subtitle VII of Mr. UDALL of Colorado. Mr. Presi- title 49, United States Code, for purposes of dent, I have submitted, with Senators The PRESIDING OFFICER. The complying with the limitation on incurring CORNYN, REID, ENZI, MENENDEZ, UDALL Chair announces, on behalf of the ma- obligations during that fiscal year under the of New Mexico, and CRUZ, a resolution jority leader, pursuant to Public Law heading ‘‘GRANTS-IN-AID FOR AIRPORTS’’ commemorating Cinco de Mayo. 101–509, the reappointment of Steve under title I of the Transportation, Housing We all love Cinco de Mayo for the Zink, of Nevada, to the Advisory Com- and Urban Development, and Related Agen- mittee on the Records of Congress. cies Appropriations Act, 2012 (division C of food and festivities that we have grown Public Law 112–55; 125 Stat. 647), and made so accustomed to across our country. The Chair announces, on behalf of applicable to fiscal year 2013 by division F of However, we commemorate Cinco de the Republican leader, pursuant to the the Consolidated and Further Continuing Mayo in order to celebrate the joint provisions of Section 3166 of Public Appropriations Act, 2013 (Public Law 113–6). history and values that are shared by Law 112–239, the appointment of the (c) AMOUNT SPECIFIED.—The amount speci- both Mexicans and Americans. Cinco de following individual to be a member of fied in this subsection is the amount, not to Mayo is a day that reminds us that the the Congressional Advisory Panel on exceed $253,000,000, that the Secretary of citizens of Mexico possess the same the Governance of the Nuclear Secu- Transportation determines to be necessary rity Enterprise: Michael R. Anastasio to prevent reduced operations and staffing of courage that we, as Americans, value the Federal Aviation Administration during in ourselves. For that reason, the com- of New Mexico. fiscal year 2013 to ensure a safe and efficient memoration of Cinco de Mayo has tran- The Chair, on behalf of the Repub- air transportation system; and Provided that scended from being a celebration of the lican leader, pursuant to Public Law none of the funds transferred under this sub- victorious Battle of Puebla that Mex- 111–5, appoints the following individual section may be obligated unless the Sec- ico won over France, to a celebration to the Health Information Technology retary notifies the Committees on Appro- of courage and a recognition of all con- Policy Committee: Dr. Scott Gottlieb priations of the House of Representatives tributions that the Mexican-American of Connecticut. and the Senate at least 5 days in advance of such transfer. community has had both in Colorado f Mr. REID. Madam President, I ask and in our great Nation. Celebrating APPOINTMENTS AUTHORITY unanimous consent that if the Senate Cinco de Mayo brings pride to both the Mexican-American community and all Mr. REID. I ask unanimous consent receives a bill from the House and the that notwithstanding the upcoming re- text of that bill is identical to S. 853, Americans. The courage displayed by Mexican cess or adjournment of the Senate, the the bill then be considered read three forces on May 5, 1862, parallels the President of the Senate, the President times and passed and the motion to re- courage that we as Americans have pro tempore, and the majority and mi- consider be considered made and laid used to overcome adversity and thrive nority leaders be authorized to make upon the table. since our founding. The victory of the appointments to commissions, commit- The PRESIDING OFFICER. Without beleaguered force of Mexican troops at tees, boards, conferences, or inter- objection, it is so ordered. the Battle of Puebla weakened parliamentary conferences authorized f France’s immense resources and lim- by law, by concurrent action of the two RESOLUTIONS SUBMITTED TODAY ited its ability to meddle in America’s Houses, or by order of the Senate. Civil War. As Mexico sought to defend The PRESIDING OFFICER. Without Mr. REID. Madam President, I ask itself from European aggression, the objection, it is so ordered. unanimous consent that the Senate Battle of Puebla reminds us that the f proceed to the immediate consider- foundation of the United States was ation en bloc of the following resolu- ORDERS FOR FRIDAY, APRIL 26, also built through battles in which the tions, which were submitted earlier 2013 THROUGH MONDAY, MAY 6, United States often found itself as the today: S. Res 118, S. Res. 119, S. Res. 2013 underdog. Through courage, persever- 120, S. Res. 121, S. Res. 122, S. Res. 123, ance, and the willingness to fight and Mr. REID. I ask unanimous consent S. Res. 124, and S. Res. 125. die for freedom, our Nation has become that when the Senate completes its There being no objection, the Senate stronger. These contributions that the business today, it adjourn and convene proceeded to consider the resolutions Mexican-American community has had for pro forma sessions only, with no en bloc. in our Nation should be celebrated as business conducted on the following S. RES. 124 part of our country’s history. dates and times, and that following Mr. REID. Mr. President, this resolu- While Cinco de Mayo remains a Mexi- each pro forma session the Senate ad- tion concerns a request for testimony can national holiday, the commemora- journ until the next pro forma session: in writing, documents, and representation of this holiday has become Friday, April 26 at 11:30 a.m., Tuesday, tion in a pro se civil action pending in imbedded in American culture. Both in April 30 at 10 a.m., and Friday, May 3 Connecticut federal district court. In Colorado and throughout our Nation, at 2 p.m.; and that the Senate adjourn this action, the plaintiff claims that a the contributions of the millions of on Friday, May 3 until 2 p.m. on Mon- bar mitzvah was held in the Greenwich Mexican-American families are seen day, May 6, 2013; that on Monday, fol- Town Hall, allegedly in violation of the throughout our communities. As in lowing the prayer and pledge, the Constitutions of the United States and years past, I continue to encourage my morning hour be deemed expired, the the State of Connecticut. fellow Coloradans to celebrate Cinco de Journal of proceedings be approved to The plaintiff has issued a subpoena to Mayo by remembering and educating date, the time for the two leaders be Senator BLUMENTHAL, who attended a but also by coming together with reserved for their use later in the day; Town Hall event preceding the alleged friends and neighbors to enjoy food, that following any leader remarks, the bar mitzvah, and to his office, request- music, and dancing. Senate be in a period of morning busi- ing the production of a deposition by Mr. REID. I ask unanimous consent ness until 5:30 p.m. with Senators per- written questions from the Senator and that the resolutions be agreed to, the mitted to speak for up to 10 minutes documents. Senator BLUMENTHAL preambles be agreed to, and the mo- each; further, I ask unanimous consent would like to cooperate by providing tions to reconsider be laid on the table that the previous order with respect to testimony in writing and relevant doc- en bloc, with no intervening action or S. 743 be modified to provide that at uments. The enclosed resolution would debate. 5:30 p.m., the Senate resume consider- authorize the production of written The PRESIDING OFFICER. Without ation of S. 743, all postcloture time be testimony from the Senator and rel- objection, it is so ordered. considered expired, and all other provi- evant office documents, where appro- The resolutions were agreed to. sions remain in effect.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — SENATE S3061 The PRESIDING OFFICER. Without There being no objection, the Senate, IN THE NAVY objection, it is so ordered. at 8:41 p.m., adjourned until Friday, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT April 26, 2013, at 11:30 a.m. IN THE UNITED STATES NAVY TO THE GRADE INDICATED f WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND f RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PROGRAM NOMINATIONS To be vice admiral VICE ADM. MICHELLE J. HOWARD Mr. REID. Madam President, I appre- Executive nominations received by ciate the Chair’s patience. the Senate: f There will be up to three rollcall CORPORATION FOR PUBLIC BROADCASTING CONFIRMATIONS votes Monday, May 6: two votes in BRENT FRANKLIN NELSEN, OF SOUTH CAROLINA, TO BE order to complete the Marketplace A MEMBER OF THE BOARD OF DIRECTORS OF THE COR- Executive nominations confirmed by PORATION FOR PUBLIC BROADCASTING FOR A TERM EX- Fairness Act and a third vote on the PIRING JANUARY 31, 2016, VICE GAY HART GAINES, TERM the Senate April 25, 2013: motion to invoke cloture on the mo- EXPIRED. DEPARTMENT OF THE TREASURY FEDERAL RETIREMENT THRIFT INVESTMENT tion to proceed to WRDA. CHRISTOPHER J. MEADE, OF NEW YORK, TO BE GEN- I am told we may not have to have BOARD ERAL COUNSEL FOR THE DEPARTMENT OF THE TREAS- URY. that third vote. WILLIAM S. JASIEN, OF VIRGINIA, TO BE A MEMBER OF THE FEDERAL RETIREMENT THRIFT INVESTMENT DEPARTMENT OF HEALTH AND HUMAN SERVICES f BOARD FOR A TERM EXPIRING OCTOBER 11, 2015, VICE TERRENCE A. DUFFY, TERM EXPIRED. WILLIAM B. SCHULTZ, OF THE DISTRICT OF COLUMBIA, TO BE GENERAL COUNSEL OF THE DEPARTMENT OF ADJOURNMENT UNTIL 11:30 A.M. POSTAL REGULATORY COMMISSION HEALTH AND HUMAN SERVICES. TOMORROW NANCI E. LANGLEY, OF HAWAII, TO BE A COMMIS- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SIONER OF THE POSTAL REGULATORY COMMISSION FOR Mr. REID. If there is no further busi- A TERM EXPIRING NOVEMBER 22, 2018. (REAPPOINTMENT) JENNY R. YANG, OF THE DISTRICT OF COLUMBIA, TO BE A MEMBER OF THE EQUAL EMPLOYMENT OPPORTUNITY ness to come before the Senate, I ask EXECUTIVE OFFICE OF THE PRESIDENT COMMISSION FOR A TERM EXPIRING JULY 1, 2017. unanimous consent that the Senate HOWARD A. SHELANSKI, OF PENNSYLVANIA, TO BE AD- DEPARTMENT OF JUSTICE stand adjourned under the previous MINISTRATOR OF THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND KAROL VIRGINIA MASON, OF GEORGIA, TO BE AN AS- order. BUDGET, VICE CASS R. SUNSTEIN, RESIGNED. SISTANT ATTORNEY GENERAL.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 9801 E:\RECORD13\RECFILES\APR2013\S25AP3.REC S25AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 25, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E543 EXTENSIONS OF REMARKS

A TRIBUTE TO TYLER WEIG From the moment he assumed command, During Colonel Mohan’s command, the Gar- Colonel Mohan’s commitment to worker safety rison Office exceeded the Joint Munitions HON. TOM LATHAM became apparent. He implemented solid safe- Command, JMC, Commanding General’s goal OF IOWA ty policies and procedures and, as a result, in of reducing energy consumption by 10 percent 2012–2013, the depot achieved more than with a total energy consumption reduction of IN THE HOUSE OF REPRESENTATIVES 350 consecutive days without a loss-time in- 15 percent. In addition, Tooele has reduced Thursday, April 25, 2013 jury. This was the best record in Joint Muni- energy consumption 96.68 percent from its Mr. LATHAM. Mr. Speaker, I rise today to tions Command as well as Army Materiel Army Energy and Water Reporting System, congratulate and recognize Tyler Weig for Command, AMC. In 2013, the depot continues AEWRS, 2003 base year. Tooele’s wind tur- being named a 2013 Hero of the Heartland by to prepare for the Voluntary Protection Pro- bine produced approximately 2.051 MW of the American Red Cross serving Greater gram, VPP, Star Status. power during 2012. Iowa. In 2013, the Army implemented the Logis- Colonel Mohan contributed to the organiza- Each year, the American Red Cross serving tics Modernization Program, LMP. Under Colo- tion and planning of the 1.5MW Stirling solar Greater Iowa recognizes Heroes of the Heart- nel Mohan’s guidance, the installation contin- electrical generation project. A groundbreaking land by selecting everyday Iowans who have ued to succeed with implementation of LMP, for this planned and funded alternative energy done extraordinary things to help their neigh- which modernizes the systems and processes project occurred in August 2012, and will lead bors and communities. The Iowans honored associated with managing the Army’s supply to the eventual installation of 430 power with this prestigious award displayed selfless- chain at the national and installation levels. dishes over 30 acres of depot property. In rec- ness in a variety of courageous, charitable LMP also permits the planning, forecasting, ognition of the importance of this project, and thoughtful acts. The Heroes of the Heart- and rapid order fulfillment leading to stream- Colonel Mohan was privileged to host a visit land program not only showcases the heroes lined supply lines, improved distribution, a re- by the Chairman of the Joint Chiefs of Staff, among us, but also helps raise crucial funds to duced theater footprint, and a warfighter who General Dempsey, as well as top Army offi- ensure that the American Red Cross is pre- is equipped and ready to respond to present cials and State and Local government officials, pared and equipped to assist those that need and future threats. to this groundbreaking event. food, shelter, and comfort during emergencies Colonel Mohan’s leadership led the depot to Colonel Mohan’s guidance and leadership and difficult times. excel in continuous improvement efforts. In led the depot to excel in financial manage- To be named a Hero of the Heartland, Tyler 2011–2012, significant savings were realized ment. During 2012, the planned revenue was Weig took it upon himself to change a life for- through this concerted depot wide effort, with $60 million, but actually received $74.5 million. ever by donating his own kidney to a stranger a LLS ($916K) and Value Engineering ($1.2) Planned direct labor hours were 441K and ac- in need. Tyler was inspired to donate by re- combined total savings and cost avoidance tual labor hours used as 464.7K. 2012 was searching the vast need for healthy kidneys that exceeds $2.1 million. Considering the de- the third consecutive year that Tooele Army and discovering nearly 95,000 people across pot’s $64 million annual budget, a savings of depot execution rate was reduced. the country and more than 500 Iowans cur- over $2 million is a major accomplishment for Colonel Mohan’s command of Tooele Army rently on a waiting list. It’s fitting, then, that Mr. a small installation with approximately 473 Depot will conclude on July 10, 2013, as he Weig’s selfless action has started the longest personnel. The realization of these savings will assume another assignment of leadership kidney transplant chain in Iowa’s history. So was a result to successful partnering with all within the Army Materiel Command. far, the chain started by Tyler’s lifesaving do- directorates on the base, and assisting them In conclusion, Mr. Speaker, I join with all of nation has helped five recipients who were with their goals and simplifying the process. the Utah Congressional Delegation in thanking facing a combined waiting list of 12 years. Ty- This year he continued a focus on furthering Colonel Christopher Mohan for his distin- ler’s commitment to a cause bigger than him- simple LEAN techniques such as taking ‘‘5S’’ guished service to Tooele Army Depot, to the self is a life-changing example that our State techniques throughout all of Tooele’s shops. State of Utah, to the United States Army, and can be proud of. He also continued to promote Visual Manage- to the Nation. He leaves behind an admirable Mr. Speaker, Mr. Weig’s actions that earned ment Boards, which serve as directorate and record of dedicated leadership that is to be him the title a ‘‘Hero of the Heartland’’ are a lower scoreboards. commended, and we wish him and his family testament to the humble, hardworking and Tooele Army Depot exceeded the Value En- the best in their new endeavors. helpful people who make up the great state of gineering goal last year by 16 percent, and f continued that trend this year, exceeding the Iowa. I invite my colleagues in the House to CYBER INTELLIGENCE SHARING goal by 23 percent with actual savings of $1.2 join me in congratulating Tyler on a job well AND PROTECTION ACT done, thanking the American Red Cross serv- million which is even more remarkable taking ing Greater Iowa for their life changing efforts, place during a difficult time of defense budget SPEECH OF and wishing all of those involved in the Heroes cuts and limited dollars for projects and infra- of the Heartland program continued success structure. HON. CHRIS VAN HOLLEN for years to come. Colonel Mohan’s guidance was instrumental OF MARYLAND IN THE HOUSE OF REPRESENTATIVES f in continuing to utilize simplified acquisition procedures that maximize the use of standard Wednesday, April 17, 2013 IN RECOGNITION OF COLONEL commercial items and services procured using CHRISTOPHER O. MOHAN, USA The House in Committee of the Whole combined solicitation and synopsis. Tooele House on the state of the Union had under Army Depot has promoted the use of the Gov- consideration the bill (H.R. 624) to provide HON. ROB BISHOP ernment Purchase Card to the maximum ex- for the sharing of certain cyber threat intel- OF UTAH tent practicable. Usage for FY12 was 11,003 ligence and cyber threat information between the intelligence community and cy- IN THE HOUSE OF REPRESENTATIVES purchase card transactions and Tooele’s percentage of purchase card orders placed was bersecurity entities, and for other purposes: Thursday, April 25, 2013 99 percent, exceeding the Army goal of 90 Mr. VAN HOLLEN. Madam Chair, every day Mr. BISHOP of Utah. Mr. Speaker, for the percent. cyber-networks in this country are attacked. past two years, Tooele Army Depot, Utah, has In 2012, Tooele Army Depot shipped ap- These attacks cause substantial disruption to been led by an outstanding officer whose proximately 34,892 tons of conventional am- our networks and drain billions of dollars from record of achievement certainly deserves rec- munition and received 36,328 tons of conven- our economy each year. Today we consider a ognition. Colonel Christopher O. Mohan, USA, tional ammunition. Colonel Mohan supported bill designed to strengthen our protections assumed command of Tooele Army Depot on the Ammunition community in demilitarizing against cyber threats by encouraging private July 19, 2011. 3460 tons of outdated ammunition. entities to share information and intelligence

∑ 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 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K25AP8.024 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E544 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2013 among themselves and with the government. I that money invested in public health is a solid Turkey has repeatedly thwarted efforts by certainly support that goal. However, I cannot investment. It improves the lives of thousands Congress and successive administrations to support this bill in its current form because I of Americans, especially our most vulnerable recognize the Armenian Genocide by threat- believe it does not sufficiently protect the pri- members: the elderly, the young, the sick, the ening all manner of retaliation should recogni- vacy of Americans. Specifically, the bill does disabled and the poor. tion be accorded. I submit that we do no fa- not include sufficient protections against the In March 2010, Congress passed and Presi- vors to Turkey by acquiescing in its cynical disclosure of sensitive personal information. dent Obama signed the historic health reform campaign. Turkey’s path to the European Under the bill, companies are not required law, the Patient Protection and Affordable Union, its abysmal relations with its ethnic and to extract personal information from the data Care Act. In addition to extending life-saving religious minorities, particularly its violent con- they collect and share. Sharing un-scrubbed health insurance coverage to 31 million by flict with the Kurdish people, would all improve personal information with other companies or 2019, the law includes a suite of provisions if the Armenian Genocide was addressed with government agencies can potentially put that have the potential to substantially reform openly and honestly. the civil liberties of Americans at risk if the our nation’s health care system. As we approach the 100th anniversary of data is misused or handled improperly. The One of these provisions is the establishment the Armenian Genocide in 2015, it is time for bill also grants companies excessively broad of the Prevention and Public Health Fund. the United States to formally recognize this immunities from legal responsibility for the dis- This is the nation’s first dedicated mandatory tragic chapter in world history and to bring closure or misuse of this data. federal funding stream for public health and some measure of peace and healing to those Many of the amendments accepted on the prevention activities. of Armenian descent. floor this week provide increased protections The Prevention Fund was created to infor information once it is received by the gov- crease the nation’s investment in prevention in f ernment, but that is no substitute for protecting order to improve health outcomes and de- it when it is initially collected by companies or crease health care costs. CELEBRATING ‘‘LITTLE WALTER’’ when they share the data with each other. The In the first two years of its existence, 2010 AND THE INAUGURAL LITTLE White House has threatened to veto this bill if and 2011, the Fund provided $1.25 billion for WALTER MUSIC FESTIVAL these issues are not adequately addressed. critical programs that prevent tobacco use, de- I opposed this bill last year for similar rea- crease HIV rates, increase physical activity HON. RODNEY ALEXANDER sons. I welcome the changes made to the bill and healthy eating, increase immunization OF LOUISIANA this year to address some of those concerns. rates, and many other activities. IN THE HOUSE OF REPRESENTATIVES For example, no longer can receiving govern- States and communities across the nation ment agencies use information for national se- are already implementing and benefiting from Thursday, April 25, 2013 curity purposes. Additionally, increased protec- these programs. Mr. ALEXANDER. Mr. Speaker, I rise today tions for personal data have been added for Public health is an essential component of in celebrating ‘‘Little Walter’’ and the inaugural the information when it is placed in govern- the U.S. health system: its infrastructure and Little Walter Music Festival which will strike a ment hands. These changes improve the bill, prevention-based programs wrap around clin- chord in Alexandria, LA, on Saturday, May 4, but they do not go far enough to prevent the ical health systems to improve population 2013. Additionally, I would like to call attention unwarranted and unnecessary disclosure of health and reduce health care costs. to this much–anticipated festival for enhancing private information. Local health departments work with a wide economic development and quality of life by I believe that the cyber threats we face in range of community partners to create condi- unifying and celebrating Louisiana’s interests. this country are real, present and destructive. tions and policies that help people make The festival, honoring Rock & Roll Hall of However, I believe that we can address these healthy choices, such as avoiding tobacco Famer, Blues sideman and bandleader Little cyber threats without opening the door to un- use, becoming more physically active, and Walter, will take place on the Red River. necessary disclosure of private information. eating healthier foods. All these proactive Headlining the event is the ‘‘Louisiana Music The companies who collect sensitive data measures contribute to the prevention of Hall of Fame, LMHOF, Little Walter Legends.’’ about Americans should be required to safe- chronic diseases and associated risk factors Multiple Louisiana Blues harp artists, LMHOF guard that data to the fullest extent of their like obesity and smoking. member Henry Gray, who played with Little ability. The shortcomings of this bill can be For all of these reasons, I urge my col- Walter in Chicago, and a cast of Louisiana easily addressed and I hope the Senate will leagues to join me in opposing this rule. Blues All Stars will help usher ‘‘Little Walter’’ make these necessary changes. I look forward f into The Louisiana Music Hall of Fame with a to supporting a future bill that achieves that presentation from LMHOF President Mike goal. RECOGNIZING THE ARMENIAN Shepherd. Closing the event is a jam session f GENOCIDE featuring Lady Liz Neville, former lead vocalist PROVIDING FOR CONSIDERATION in the Hotel Bentley’s Mirror Room, along with OF H.R. 1549, HELPING SICK HON. JOHN P. SARBANES the LMHFO ‘‘Legends’’ band on Little Walter’s AMERICANS NOW ACT OF MARYLAND classic hits, ‘‘Juke’’ and ‘‘My Babe.’’ IN THE HOUSE OF REPRESENTATIVES Little Walter, born Marion Walter Jacobs near what is now Spring Bayou Road in the SPEECH OF Thursday, April 25, 2013 small town of Marksville, LA, revolutionized HON. SHEILA JACKSON LEE Mr. SARBANES. Mr. Speaker, today I rise the sound of the Blues harmonica through am- OF TEXAS to honor the memory of the innocents that per- plification just by clasping a microphone to the IN THE HOUSE OF REPRESENTATIVES ished in 1915 during the Armenian Genocide. harmonica as he played. He spent several With a systematic barbarism visited upon years in Alexandria before making his way to Wednesday, April 24, 2013 them, countless Armenians made their way to Chicago to eventually become a member of Ms. JACKSON LEE. Madam Speaker, I rise Syria seeking refuge from persecution. Today, Muddy Waters band, where he began record- in opposition to the rule on H.R. 1549, the so- the world is aghast at the horrific violence ening his unique style of Blues. According to his called ‘‘Helping Sick Americans Act.’’ gulfing Syria and the Armenian people are 2008 Rock & Roll Hall of Fame induction, Lit- This ill-conceived and misguided legislation once again threatened with upheaval and dis- tle Walter ‘‘could make a harmonica moan and takes funds from the Prevention and Public location. roar like a full horn section or produce an un- Health Fund to increase financing of the Pre- Each year, the United States Congress has earthly, haunting wail.’’ Existing Condition Insurance Program, PCIP. the opportunity to stand with justice and rec- Mr. Speaker, I ask my colleagues to join me This sounds laudable but the facts are that ognize the Armenian Genocide. Such action in wishing the Little Walter Music Festival the this bill hurts an important program that our would fortify America’s moral standing in the best of luck, and for its part in retaining the nation needs. The rule for the bill does not ad- family of nations and send a strong message charm and spirit of our region. Lastly, I rise in dress the problems with this legislation. to our NATO ally Turkey that it must examine celebration of Little Walter and his accomplish- Cutting funding from public health funds is a the dark chapters of its past and the discrimi- ments making the Blues sound what it is risky move. We know from countless studies natory impulses of its present. today.

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A25AP8.001 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 25, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E545 IN RECOGNITION OF THE While it was incorporated in 1913, the Bor- ethical interactions among people and their VESTAVIA HILLS HIGH SCHOOL ough’s history dates back into the 1850’s. As environments. WE THE PEOPLE TEAM with so many communities across the United Our Founding Fathers based the Constitu- States, development was sparked by the ar- tion of the United States, the basic document HON. SPENCER BACHUS rival of the railroads. These included the Phila- governing the affairs of people within the OF ALABAMA delphia and Reading, the Catasauqua and United States, upon philosophical principles IN THE HOUSE OF REPRESENTATIVES Fogelsville and the East Pennsylvania rail- that have their origins in the historical Age of Reason. It is important that on the National Thursday, April 25, 2013 roads. In fact the Borough takes its name from Edward K. Alburtis, a civil engineer and Board Day of Reason, we take time to remember Mr. BACHUS. Mr. Speaker, it is an honor to Director of the Philadelphia and Reading Rail- and celebrate this history, including the First commend the We the People program for its road. Amendment’s guarantee of freedom of religion continuing commitment to promoting civic The railroads were drawn by the presence and freedom from the imposition of religion by knowledge and responsibility among students of iron ore in the area. The village of the state. Our nation’s founders knew that the in our elementary schools and high schools. Lockridge grew as a result of the presence of best way to protect religious freedom was to As a source of special pride, I would like to the Lockridge Iron Company operating an iron keep the government separate from religion. bring the House’s attention to the representa- furnace, Lockridge Furnace, in the area. Hous- The National Day of Reason is also a time tives of the State of Alabama in this year’s ing and a church sprang up around the fur- to continue the effort our Founding Fathers 26th annual national competition, the Vestavia nace. began to form a more perfect union. Every Hills High School academic team from the In a testament to the spirit, skill and entre- year, events such as food drives and blood Sixth District. preneurial spirit of the people who lived in the drives are held on this day in which Americans We the People helps to shape our next gen- area, other industries soon developed includ- help their fellow citizens and our nation as a eration of leaders by instilling the principles of ing a silk mill, shirt factories, and a shoe fac- whole. These community service events are good citizenship and active participation in the tory in the late 1800s. just some of the many ways Americans will be democratic process. More than one million Alburtis had a population of 700 people in working to help those in need on the Day of students from every state take part in this pro- 1914; on the advent of its Centennial, 2,300 Reason and throughout the year. gram each year. Students learn to be enlight- people now call the one square mile Alburtis I encourage all citizens, residents and visi- ened citizens by studying the enduring ideas Borough their home. tors to join in observing this day and focusing of America’s founders and the principles of Eventually, in 1921, Lockridge Furnace upon the employment of reason, critical constitutional government. ceased operation. Lehigh County bought the thought, the scientific method, and free inquiry After competing locally in a hearing-styled, property in 1970 and now the former industrial to the resolution of human problems and for question and answer competition based on the site serves the community as the picturesque the welfare of human kind. U.S. Constitution, the top performing teams Lockridge Park and Museum which opened its f are invited to Washington to participate in the doors in 1976, the year of America’s Bicenten- national finals on Capitol Hill. It is here that THE 98TH ANNIVERSARY OF THE nial. ARMENIAN GENOCIDE they gain firsthand knowledge of Article I, Sec- The Furnace serves the people of Alburtis tion I of our Constitution—the legislative as a wonderful recreational site and a great HON. ELIOT L. ENGEL branch—by competing in a format that simu- draw for those interested in the history of Le- lates the congressional hearing process. As OF NEW YORK high County. Indeed, the residents’ commit- IN THE HOUSE OF REPRESENTATIVES Chairman Emeritus, I am pleased to announce ment to their heritage is shown by their out- Thursday, April 25, 2013 that the Financial Services Committee hearing standing historical preservation efforts on dis- room will be used in this year’s competition. play in Alburtis’ downtown. Mr. ENGEL. Mr. Speaker, yesterday marked It takes hard work and commitment to qual- Mr. Speaker, it is my great honor to rep- the ninety-eighth anniversary of the onset of ify for the We the People national finals. At resent the people of Alburtis in the Congress the Armenian Genocide, one of the ugliest this time, I would like to extend recognition to of the United States at the time of their Cen- chapters in the bloodiest century in recorded the students from Vestavia Hills High School tennial celebration and, with the blessings of human history. Over the course of the Geno- who are representing the State of Alabama. Divine Providence; it is my great hope that cide, 1.5 million innocent Armenians were With teachers Mrs. Amy Maddox and Mrs. one hundred years from now another Rep- slaughtered; those Ottoman Armenians that Jane Schaefer, I congratulate: Christian Sitarz, resentative of the United States Congress survived were the tiny and miraculous remnant Carrie Clower, Reagan Cline, Patrick Sipe, stands in this Chamber to offer their words of of a forced march conducted by the Ottomans Rachel Caskey, Aashka Patel, Anna Dennis, praise in support of the intrepid people of under the most savage of conditions. Enrico Camata, Daniel Moran, Amy Li, Sisi Alburtis on the occasion of its Bicentennial. Those murders were not only a tragedy for Zheng, Peter Adamo, Farhan Khan, Luis Ji- f the Armenian people, who bear its scars to menez, Hopson Nance, Hannah Skjellum, this day. The barbarity inflicted on the Arme- Botong Ma, Joseph Stahl, Molly Rhodes, Brian RECOGNIZING THE NATIONAL DAY nians also opened the floodgates on a century Stahl, Shannon Bewley, Marisa Pierluisi, and OF REASON of genocide and ethnic-cleansing. We’ve all Kaustubh Udipi. seen Hitler’s sneering statement ‘‘Who after all The knowledge and commitment dem- speaks today of the annihilation of the Arme- onstrated by all of the students who take part HON. MICHAEL M. HONDA OF CALIFORNIA nians?’’ That statement makes clear the link in We the People should give us all great con- IN THE HOUSE OF REPRESENTATIVES between indifference to the Armenians and the fidence in the future of our precious American murder of six million Jews. And it expresses democracy. Thursday, April 25, 2013 the mindset of so many thuggish leaders after f Mr. HONDA. Mr. Speaker, I rise today to Hitler, leaders convinced that their nationalist HONORING THE CENTENNIAL OF recognize Thursday, May 2, 2013 as the Na- aims could easily be achieved through a policy THE BOROUGH OF ALBURTIS tional Day of Reason. of murder that carried no punishment. The vic- The National Day of Reason celebrates the tims of this mindset have spanned the globe, application of reason and the positive impact as we know too well. HON. CHARLES W. DENT it has had on humanity. It is also an oppor- ‘‘Who after all speaks today of the annihila- OF PENNSYLVANIA tunity to reaffirm the Constitutional separation tion of the Armenians?’’ Mr. Speaker, I want to IN THE HOUSE OF REPRESENTATIVES of religion and government. affirm today that we do remember, and we re- Thursday, April 25, 2013 I have the privilege of representing Silicon member with reverence. We recall with sorrow Mr. DENT. Mr. Speaker, I rise today, to Valley, where every day scientists and engi- the massive loss of life as the result of a delib- honor the people of the Borough of Alburtis, neers employ the scientific method and apply erate policy of murder. We also know that we both past and present as they prepare to cele- reason to develop innovative technologies that owe it to humanity and history to remember, if brate the Borough’s Centennial. help advance humanity. The application of only to help erect a deterrent against future Mr. Speaker, the Borough of Alburtis is lo- reason, more than any other means, has prov- such tragedies. And let me add that Turkey cated in Lehigh County. It was formally incor- en to offer hope for human survival upon owes it to the Armenians to acknowledge and porated on May 9, 1913 out of the neighboring Earth, improving conditions within the uni- come to terms with what its forbears per- town of Alburtis and the village of Lockridge. verse, and cultivating intelligent, moral and petrated—and, at a minimum, to apologize.

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K25AP8.004 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E546 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2013 Turkey also owes that to itself, too, for Turkish Mr. Speaker, on August 27, 1963, at the the birthplace of the modern Civil Rights society will be stronger for having ended the March on Washington, the Reverend Dr. Mar- Movement. The Memorial honors the lives and charade of denying what the whole world tin Luther King, Jr., delivered the speech that memories of 40 civil rights martyrs who gave knows to be true. both challenged and inspired a nation. ‘‘I have their lives in the struggle for justice and equal- Mr. Speaker, to the Armenian people, in- a dream,’’ he said, that ‘‘one day right there in ity. But we know that many more people lost cluding the very few remaining survivors, I Alabama, little black boys and black girls will their lives to racial violence during that era. In want to express my great sorrow and deepest be able to join hands with little white boys and honoring the four little girls of Birmingham condolences. And I say to them, as we say re- white girls as sisters and brothers.’’ today, let us resolve to remain steadfast in the garding the Holocaust, ‘‘Never again.’’ Nineteen days later, on September 15, quest to obtain justice for these other heroes. 1963, the nation learned that there was still a f Mr. Speaker, fifty years later we have made long path to travel before it realized Dr. King’s much progress from the dark days of Bir- 21ST ANNUAL NATIONAL ASSOCIA- dream. For on that day 50 years ago, the na- mingham. In those days there simply was no TION OF LETTER CARRIERS NA- tion was shocked—and the City of Bir- justice for African Americans because the TIONAL FOOD DRIVE mingham was rocked—by an explosion at the criminal justice system—from the police, to the 16th Street Baptist Church that severely dam- prosecutors, to the juries, and to the judges— aged the church, injured 22 people, and HON. JIM JORDAN was perverted by racial bigotry. OF OHIO claimed the lives of four beautiful and innocent Inspired by the sacrifice of four little girls in IN THE HOUSE OF REPRESENTATIVES little girls: Addie Mae Collins, Carole Robin- son, Cynthia Wesley and Denise McNair. Birmingham, Americans of good will and of all Thursday, April 25, 2013 But the horror and heartbreak of that trag- races and creeds, worked to hasten the day Mr. JORDAN. Mr. Speaker, it is with pleas- edy galvanized a nation to act. Less than two when all would be treated equally before the ure that I show my support for the 21st Annual years later, the nation responded to one of the law and every person would be judged by the National Association of Letter Carriers Na- worst and cowardly acts of hatred with two content of their character. tional Food Drive, which will take place on great acts of justice that have changed Amer- It is, of course, fitting and proper that H.R. Saturday, May 11, 2013. ica for the better and still stand today as 360 bears the names of Addie Mae Collins, Every year, NALC members across the monuments to what can be achieved when Carole Robinson, Cynthia Wesley and Denise country work together to execute the largest challenged to live up to the true meaning of its McNair. Although forever linked together in one-day food drive in the United States. To creed. history, we must not forget that each of them participate, those who are able to make a do- The Civil Rights Act of 1964 and the Voting was an individual. Each had her own hopes nation need only place a box of non-perish- Rights Act of 1965 are a part of the legacy of and dreams for the future. Sadly, they were able food items by their mailbox. On May 11, Addie Mae Collins, Carole Robinson, Cynthia robbed of that future by the cowardly act of letter carriers will pick up the contributions Wesley and Denise McNair. persons motivated by racial hatred. But in sac- Today we celebrate their lives—lives cut along their route and pass them along to local rificing their futures, Addie Mae Collins, Carole down as they should have been learning to food banks. Robinson, Cynthia Wesley, and Denise bake cakes, play hopscotch, and learn the vio- Donations to the NALC stay local and help McNair helped to transform America into a lin, instead they were murdered in a place feed needy Americans in our own commu- place where little girls and little boys today can which should have been a safe haven, a sanc- nities. know that their dreams can come true and I urge my colleagues to stand with me and tuary. The death of the four girls drew national attention to the fight for civil rights and is cred- their futures will be bright and that racial ha- support the 21st Annual NALC National Food tred is no longer an insuperable barrier to real- Drive. ited with creating a surge of momentum for the civil rights movement. izing the American Dream. f It is also important that we pass on the les- Mr. Speaker, nearly 50 years ago, on June AWARDING CONGRESSIONAL GOLD sons learned through this deep tragedy so that 11, 1963, President John F. Kennedy ad- MEDAL TO ADDIE MAE COLLINS, we do not repeat it. Little girls and little boys dressed the nation from the Oval Office on the DENISE MCNAIR, CAROLE ROB- around this great nation should hold hands state of race relations and civil rights in Amer- ERTSON, AND CYNTHIA WESLEY and walk together regardless of race, color, ica. In his historic speech to the nation Presi- religion, or creed. dent Kennedy said: This bill simply directs the Speaker of the SPEECH OF We are confronted primarily with a moral House and the president pro tempore of the issue. It is as old as the scriptures and is as HON. SHEILA JACKSON LEE Senate to arrange for the posthumous award clear as the American Constitution. . . . OF TEXAS of a Congressional Gold Medal to commemo- [T]his Nation, for all its hopes and all its IN THE HOUSE OF REPRESENTATIVES rate the lives of Addie Mae Collins, Denise boasts, will not be fully free until all its citi- Wednesday, April 24, 2013 McNair, Carole Robinson and Cynthia Wesley zens are free. in recognition of the historical significance of Ms. JACKSON LEE. Mr. Speaker, I rise the bombing of the 16th Street Baptist Church. H.R. 360 is intended to help bring justice to today with a sense of indignation, sadness, But this bill is more than that. It is a reckoning. those whom justice has been delayed for and deep and abiding pride in the memory of This legislation, which I am proud to co- more than two generations. In doing so, this four little girls from Alabama who were cal- sponsor and strongly support, is intended to legislation will help this Nation fulfill its hopes lously murdered by the bomb of a homegrown complete some of the nation’s most important and justify its boast that in America all persons terrorist. unfinished business. And that is to address live in freedom. Addie Mae Collins, Carole Robinson, Cyn- one of the most depraved acts of violence And Mr. Speaker, let us also remember thia Wesley and Denise McNair did not get a against school-aged girls belonging to a racial young Virgil Lamar Ware, a thirteen-year-old chance to celebrate any more birthdays, run group which was vulnerable, politically power- black boy who was killed by segregationists through the fields of Alabama, go to the prom, less, and innocent, and against those persons while riding on the handlebars of his brother’s dance at a wedding, or simply grow up and who risked life and limb to help them secure bicycle. His killers had just attended a seg- enjoy life as Americans. the rights promised in the Declaration of Inde- regationist rally held in the aftermath of the As was reflected in the prayer given last pendence and made real in the Constitution. Sixteenth Street Baptist Church bombing. week in this Chamber by world-renowned soul The Congressional Gold Medal recognizing and gospel singer Yolanda Adams we have the 50th Anniversary of 16th Street Baptist It is a sad but unfortunately not uncommon been taught to embrace God’s grace and Church bombing is long overdue. I thank my occurrence that it is innocent children who suf- mercy, and for those who will listen, to stand CBC colleague who hails from Alabama, Con- fer when adults give in to hate. But as the in the sunlight of joy as one looks toward the gresswoman TERRI SEWELL of Birmingham, scriptures teach us, unearned suffering is re- hopefulness of the future, while standing tall who sponsored this legislation, and Senator demptive. And the blood of the innocents— as a Black woman in the memory of my four RICHARD SHELBY of Alabama, who leads the Addie Mae Collins, Carole Robinson, Cynthia little girls, your girls—these little girls were Senate effort for this special recognition as Wesley and Denise McNair—helped to re- America’s children, and bore the brunt of a America comes to terms with its rich and often deem our country and make it better. very ugly side during a very nasty, ugly, vi- painful history. I urge all Members to join me in supporting cious, cruel, and inexorably painful era in the Mr. Speaker, in 1989 the Civil Rights Memo- this fitting tribute to their heroism and sacrifice history of the United States. rial was dedicated in Montgomery, Alabama, by voting to pass H.R. 360.

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K25AP8.007 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 25, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E547 IN HONOR OF MARANATHA ciation is presenting him with the 2013 Out- HONORING COLONEL MARK C. BAPTIST CHURCH standing Firefighter Award for his exceptional GARDENER efforts. HON. WALTER B. JONES Keith Loreno, fire chief for the City of Fos- HON. PHIL GINGREY OF NORTH CAROLINA toria, will be presented with the 2013 Out- OF GEORGIA IN THE HOUSE OF REPRESENTATIVES standing Service to Community Award. Chief IN THE HOUSE OF REPRESENTATIVES Loreno’s three-decade career began with the Thursday, April 25, 2013 Perkins Township Fire Department, where he Thursday, April 25, 2013 Mr. JONES. Mr. Speaker, I would like to served as a firefighter/emergency medical Mr. GINGREY of Georgia. Mr. Speaker, I take a moment to honor Maranatha Baptist technician. Since then, he has worked as a rise today to honor Colonel Mark C. Gardener Church in Jacksonville, North Carolina. corrections officer, a deputy sheriff, a top offi- and to recognize his lifetime of service to our This month, Maranatha Baptist Church will cial with the Division of the State Fire Marshal, country. celebrate 30 years of faithful service to the and as owner of an ambulance service. On June 28, Col. Gardener will retire from Lord and to the citizens of Onslow County. Keith’s devotion to volunteerism is an exam- the Georgia National Guard after thirty years The church especially has a heart to reach the ple to all who know him. A United Way board of sacrifice and service to this great nation. servicemen and women in the area for Christ. trustee, he has worked to ensure successful While he currently serves as the Georgia The first members of Maranatha Baptist fundraising campaigns to aid vital community National Guard’s State Inspector General, he Church met in a small pawn shop under the organizations. He also spearheads an annual has worked in many different capacities. In leadership of Pastor Randy See. His work laid clothing drive campaign and coordinates 1983, Col. Gardener’s first assignment was the foundation for the congregation to expand smoke-detector giveaway programs. His dedi- with U.S. Army Missile Command, and he has and move first to a piece of property on Anne cation to civic duty is further shown in his work since been assigned to infantry, maintenance, Street and then to the church’s current loca- with local students: Chief Loreno runs a Safety and forward support duties across the world. tion on Onsville Drive. Town program for preschool children and co- His career has taken him to Korea, Panama, Following in the footsteps of Randy See, ordinates mock-crash events to teach teen- Afghanistan, Iraq, and several military installa- Pastors Don Jones, Chuck Lindley, and Jon agers about the dangers of drinking and driv- tions here in the United States. McConkey have blessed Maranatha Baptist ing. For his distinguished leadership throughout Church with their leadership over the course Mr. Speaker, this year’s Outstanding Serv- his career, Col. Gardener has been awarded of the last three decades. Each of these men ice Awards celebration will be held on Friday, with decorations like the Legion of Merit with contributed uniquely to the growth of the April 26. I appreciate the opportunity to join Oak Leaf Cluster, the Joint Service Com- church from its humble beginning to the well- the Owens Community College Alumni Asso- mendation Medal, the Meritorious Service known community that it has become. ciation in recognizing the ongoing commitment Medal with six Oak Leaf Clusters, the Army I am honored to represent Maranatha Bap- and sacrifices of these first responders. Achievement Medal, the National Defense tist Church, and I am pleased to have the con- Service Medal, the Global War on Terrorism gregation and current Pastor Jon McConkey f Expeditionary Medal, the Global War on Ter- recognized by the United States Congress as IN MEMORY OF CHIEF WARRANT rorism Service Medal, the Korea Defense they celebrate 30 years of service to Onslow OFFICER 2 JARETT YODER Service Medal, the Army Reserve Service County. Medal, the Parachutist Badge, and the Air As- f sault Badge. HON. PATRICK MEEHAN Col. Gardener has played an invaluable role HONORING THE 2013 RECIPIENTS OF PENNSYLVANIA in the U.S. Armed Forces for decades and he OF THE OWENS COMMUNITY IN THE HOUSE OF REPRESENTATIVES will surely be missed. COLLEGE ALUMNI ASSOCIATION Thursday, April 25, 2013 Mr. Speaker, on behalf of the 11th District of OUTSTANDING SERVICE AWARDS Georgia, my deepest thanks to Col. Gardener Mr. MEEHAN. Mr. Speaker, I rise today with for devoting his life the upholding the Constitu- HON. JIM JORDAN my colleagues from Pennsylvania, the Honor- tion of the United States and to the protection OF OHIO able CHARLES W. DENT and the Honorable JIM of its citizens. I wish him a happy—and well– ERLACH IN THE HOUSE OF REPRESENTATIVES G , for the solemn purpose of remem- deserved—retirement. bering and honoring the life of Chief Warrant f Thursday, April 25, 2013 Officer 2 Jarett Yoder. On April 9, 2013, CW2 Mr. JORDAN. Mr. Speaker, the Owens Yoder was tragically killed while serving our CONGRATULATING THE AUXIL- Community College Alumni Association takes country. CW2 Yoder was just 26 years old IARY OF THE JFK MEDICAL CEN- great pride in its annual Outstanding Service when his AH–64 Apache Helicopter crashed in TER FOUNDATION ON ITS 50TH Awards celebration, now in its tenth year. The Nangarhar Province Afghanistan. A Berks ANNIVERSARY awards honor the selfless contributions of area County, Pennsylvania native, CW2 Yoder was police, fire, and emergency medical service a 2005 graduate of Oley Valley High School in HON. FRANK PALLONE, JR. professionals to our communities. I wanted to Oley, Pennsylvania and attended Reading OF NEW JERSEY share the inspiring stories of two of my con- Area Community College. IN THE HOUSE OF REPRESENTATIVES stituents who will be recognized at this year’s CW2 Yoder joined the military in 2005, first ceremony. serving in Company C of the 1st Battalion of Thursday, April 25, 2013 Last April, A.J. Green of Gibsonburg was a the 111th Infantry of the Pennsylvania Na- Mr. PALLONE. Mr. Speaker, I rise today to passenger on a bus traveling on the Ohio tional Guard as an infantryman. He was then honor the Auxiliary of the JFK Medical Center Turnpike. The bus collided with another vehi- deployed to Iraq in 2008 with Company C and Foundation on the occasion of its 50th anni- cle that had been involved in a multi-vehicle the rest of the Guard’s 56th Stryker Brigade. versary. Since 1962, the Auxiliary has pro- accident. It was subsequently hit by another In 2010, he then transitioned to the role of an vided critical fundraising for special projects vehicle unable to stop due to dark, rainy con- aviation life support equipment officer and and contributed countless hours of volunteer ditions. The bus driver was knocked uncon- Apache pilot. service that directly impact and improve the scious and was trapped behind the steering CW2 Yoder was an exceptional Pennsylva- lives of patients served by JFK Medical Cen- wheel, which was rendered inoperable by the nian and American who served his state and ter. Due to the remarkable efforts of the Auxil- wreck. Together with another passenger, A.J., country with honor and great courage. His iary over a half-century of service, JFK Med- who serves with the Lindsey Volunteer Fire military decorations include the Army Com- ical Center has grown into a highly respected Department, took control of the bus and shut mendation Medal, Army Reserve Component health care facility that provides clinical excel- off the engine. He then guided the passengers Achievement Medal, Combat Infantryman lence to the people of Edison Township, Mid- to safety at a nearby travel plaza where they Badge, and Driver and Mechanic Badge. dlesex County, and throughout Central New were attended by emergency personnel. We send our deepest condolences to CW2 Jersey. A.J. has since coordinated a bus safety Yoder’s wife, Heather Garay-Yoder, and his The Auxiliary actually predates JFK Medical training day for area police, fire, and other parents, Gary and Diane Yoder. CW2 Yoder Center by five years. Indeed, the idea of build- emergency responders, turning this catas- goes to his rest with the eternal thanks of a ing a hospital in Edison was little more than a trophe into a learning experience. The asso- most grateful nation. dream of late Edison Mayor Anthony M.

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.004 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E548 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2013 Yelencsics when he called local resident Jo- HONORING DR. DEWEY BROWDER CONGRATULATING THE U.S. ARMY anne Wira in March 1962 to request her as- RESERVE sistance in seeing his vision come to fruition. HON. MARSHA BLACKBURN Mayor Yelencsics asked Mrs. Wira to create OF TENNESSEE HON. PHIL GINGREY an Auxiliary to support the creation of a hos- OF GEORGIA IN THE HOUSE OF REPRESENTATIVES pital that would serve the rapidly expanding IN THE HOUSE OF REPRESENTATIVES populations of Edison, Woodbridge, Metuchen, Thursday, April 25, 2013 Thursday, April 25, 2013 and surrounding communities. Mrs. BLACKBURN. Mr. Speaker, the mark Mr. GINGREY of Georgia. Mr. Speaker, Mrs. Wira accepted the challenge and of a great community is found in its leader- today I rise to recognize the U.S. Army Re- served as the first President of the Auxiliary, ship. Hard working, always professional, and serve on their 105th anniversary, and to thank which held its initial meeting on November 19, dedicated to long-term vision are the key the almost 201,000 reserve soldiers across 1962 with 163 women in attendance. The Aux- qualities of a strong local leader. The mark of the country—including 8,000 from my home iliary’s first pledge was made at that meeting: a great country is found in those willing to state of Georgia—for their dedication and $30,000 to fund the construction of the future serve her cause. I rise today to honor a leader service to our great nation. hospital’s Gift Shop and Coffee Shop. This of a great community and country, Dr. Dewey In 1908, Congress’ creation of the Medical seemed like an enormous undertaking at the Browder. Reserve Corps became the official prede- time, but it has been dwarfed by the subse- From mentoring students at Austin Peay cessor of today’s Army Reserve. quent efforts of the Auxilians. By the time the State University to highlighting veterans in In 1916, the program was transformed into hospital opened its doors on August 7, 1967 Montgomery County, Dr. Browder’s hard work the Organized Reserve Corps in order to pro- as a 205-bed facility (it has since expanded to helped make Clarksville a nobler place to call vide a peacetime resource of trained soldiers 498 beds), the Auxiliary had contributed over home. His awards are numerous and far too for use in unexpected conflict. Since then, the $110,000 in pledges raised from the commu- few for his contributions. Serving as a member Reserve has continued evolving in order to nity. of the Kiwanis Club, the Mayor’s Veterans meet the needs of our citizens and respond to Service Organization, the Civil War Sesqui- Over the years, the Auxiliary has contributed global threats. centennial Commission, the Clarksville-Mont- significantly to every major expansion of JFK Currently, the Army Reserve makes up al- gomery County Military Affairs Committee, and Medical Center, including $500,000 towards most 20 percent of the total U.S. Army, and is the Wings of Liberty Museum, Dr. Browder’s the construction of the JFK Johnson Rehabili- comprised of soldiers who are specially time, talents, and treasures are unmatched. tation Institute, JRI, in the mid-1970s. Over the trained in areas such as engineering, mechan- Shaping the next generation of students, of past three decades, JRI has developed into a ics, and medical expertise. veterans, and of citizens is a sacred act. I ask national leader in rehabilitation care and per- Mr. Speaker, I ask my colleagues to join me my colleagues to join me in honoring Dr. forms cutting-edge research that has benefited in thanking the soldiers of the United States Dewey Browder. Along with his family, friends, Army Reserve for their sacrifice and congratu- patients worldwide, including service members and coworkers, I offer my gratitude for his lating them as they celebrate 105 years of pa- returning from Iraq and Afghanistan with trau- life’s work. triotic service. matic brain injuries. f The Auxiliary’s work continues unabated f today. At the Auxiliary’s annual Fall General INTRODUCTION OF A RESOLUTION Meeting in 2012, final payment was made on TRI-CAUCUS HEALTH CHAIRS, RECOGNIZING THE SEQUENCING the most recent pledge of $2.5 million, which LEAD BY ROYBAL-ALLARD, OR- OF THE HUMAN GENOME AS ONE benefitted the JFK Emergency Pavilion Expan- GANIZED ONE-MINUTES IN REC- OF THE MOST SIGNIFICANT SCI- OGNITION OF NATIONAL MINOR- sion Project. Its cumulative contributions to ENTIFIC ACCOMPLISHMENTS OF ITY HEALTH MONTH JFK Medical Center now exceed $15 million. THE PAST 100 YEARS AND EX- PRESSING SUPPORT FOR THE Unsurprisingly, the Auxilians are not resting HON. BARBARA LEE DESIGNATION OF APRIL 25, 2013 on their laurels and already are moving for- AS ‘‘DNA DAY’’ ward with raising funds to meet their newest OF CALIFORNIA pledge of $3 million, the largest pledge to IN THE HOUSE OF REPRESENTATIVES date. These funds are earmarked to benefit HON. LOUISE McINTOSH SLAUGHTER Thursday, April 25, 2013 OF NEW YORK JFK Medical Center’s new 5th floor Maternity IN THE HOUSE OF REPRESENTATIVES and Pediatrics facility, which will offer private Ms. LEE of California. Mr. Speaker, I rise as rooms to every patient so as to allow mother co-chair of the Congressional Asian Pacific Thursday, April 25, 2013 American Caucus Healthcare Task Force to and newborn to be physically proximate and Ms. SLAUGHTER. Mr. Speaker, I rise today recognize April as National Minority Health extend every comfort to fathers and other fam- to celebrate the 60th anniversary of James D. Month. ily members. The Auxiliary has presented JFK Watson and Francis H.C. Crick’s discovery of Medical Center with the first $100,000 con- Communities of color—in California and the double-helical structure of DNA. Their distribution towards the pledge as it moves throughout the country—continue to face per- covery launched a field of inquiry that ex- seamlessly into its second 50 years. sistent health disparities and barriers to quality plained how DNA encoded biological informa- care. tion and how that information is duplicated and Mr. Speaker, the tremendous efforts of the By expanding access to care, education, Auxiliary of the JFK Medical Center Founda- inherited. This field of study has led to untold and prevention, we have the tools necessary scientific advances in the past 60 years. tion over the past 50 years are to be highly to address this issue—and we must use them. commended. The civic pride and community I also rise today to celebrate the 10th anni- That is why I was pleased by yesterday’s versary of the completion of the Human Ge- spirit demonstrated by the Auxilians is remark- announcement of the new National Standards able. I particularly would like to single out the nome Project. This month, ten years ago, an on Culturally and Linguistically Appropriate international consortium of scientists led by efforts of the Auxiliary leadership, especially Services, which is needed to ensure that all the National Human Genome Research Insti- current Auxiliary President Barbara Braynock individuals receive health care that is high tute and the Department of Energy announced and the Auxiliary Board, for volunteering their quality and meets their diverse needs. the successful sequencing of an entire human time and effort to this great cause, and note And while successful implementation of the genome, the genetic blueprint that makes their great collaboration with the JFK Board of Affordable Care Act is critical to ensuring our each of who we are. Directors and President & CEO Ray Fred- communities have access to quality, afford- The past ten years have seen a revolution ericks. able, culturally competent care, we must do in biomedical research, sparked by the com- In closing, Mr. Speaker, I once again would more. pletion of the Human Genome Project. With like to congratulate the Auxiliary of the JFK This is why the congressional tri-caucus the availability of a compendium of all our Medical Center Foundation for 50 years of in- continues to champion the Health Equity and genes, scientists have been able to link dis- credible service to their community. I have no Accountability Act. eases to the genes that cause them, learn doubt that the next 50 years will build upon I urge my colleagues to join us in securing about how those diseases progress, develop this great legacy. health equity for all. therapies to stop them, and ultimately improve

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.005 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 25, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E549 the health and welfare of the American peo- towns began to establish their own ambulance bulance Unit has always also responded to all ple. We now sit at the cusp of a new era in services, including the Township of Montclair. fires in Montclair to aid the Montclair Fire De- medicine, genomic medicine, where we can In December 1952, the first meeting of the partment while simultaneously providing mu- use a person’s genetics to target therapies for Montclair Ambulance Unit took place, and ap- tual aid to surrounding towns, and, post 9/11, their specific illness. Genomic medicine will pointed Lawrence W. Sanders as chairman. provided service to New York City. In 2012, allow us to give the right treatment to the right During that first meeting, trustees and the first the Unit became a New Jersey EMS Task patient at the right time. These advances in officers were also appointed. Donald Miller Force agency, which allows it to be requested healthcare would not have been possible with- was elected as Vice-President, Donald Hobart for aid in any declared emergency in New Jer- out the Human Genome Project. as Secretary, Fred Scharfenberg as Treasurer, sey or across state lines, should the need Although genetic information can be enor- and Chairman Sanders was elevated to Presi- arise. Most recently, they provided aid fol- mously valuable to patients and their doctors, dent. lowing Superstorm Sandy. Over the years the it also has the potential to be abused. In 1995, In the next six months, the new Montclair Montclair Ambulance Unit has improved and knowing that these scientific advances were Ambulance Unit organized; formulating by- expanded services, and gone above and becoming and that people would have fears laws, obtaining a Cadillac Ambulance, and yond expectations in the community. Cur- about how their personal information might be finding the necessary space and equipment. rently, the Montclair Ambulance Unit operates used, I introduced the Genetic Information Finally, on June 20, 1953, the unit officially a fleet of four Basic Life Support Ambulances Nondiscrimination Act (GINA). GINA protects began operations with its first assignment, licensed by the New Jersey Department of people from losing their health insurance or which was a discharge from Montclair Com- Health, and three support vehicles, including their job based simply upon their genetic munity Hospital. After nearly two years of op- two supervisor/first response vehicles, and a eration, in March of 1955, the Trustees of makeup. More importantly, it alleviates peo- Special Operations vehicle provided by the Montclair Ambulance Unit began a search for ple’s fear of participating in research studies Department of Homeland Security. They con- their own headquarters to accommodate mem- that benefit all of us through the advancement tinue to provide professional, responsive, pa- bers and rigs. After nearly six months, in Au- of medicine, because they know the results tient-first care, and are dedicated to being a gust of that same year, negotiations began for community based, industry leading, emer- cannot be used to discriminate against them. 69 Portland Place, a location strategically situ- gency medical service organization. Although it took us 14 years to get GINA ated close to Valley Road and Bloomfield Ave- passed into law, every step of the battle was Mr. Speaker, I ask you and my colleagues nue. By January of 1956, Gabriel Aiello signed to join me in congratulating the Montclair Am- worthwhile, as evidenced by the tremendous over the deed and gave the Montclair Ambu- progress medicine has made since the com- bulance Unit as they celebrate their 60th Anni- lance Unit its first official home. Prior to this versary. pletion of the Human Genome Project. the unit had been operating out of the Red Not only did the Human Genome Project Cross building on Park Street, and storing the f give us insights into human health, it also ambulance at the Arthur K. Brown Funeral HONORING CHIEF MASTER fueled two decades of remarkable economic Home. SERGEANT PETER W. LINCOLN growth. The past decade has seen great ad- By 1958, the Montclair Ambulance Unit had vancements in the technology necessary to responded to 2,620 requests for service, had decipher a genome. Sequencing the first HON. PHIL GINGREY an active membership of fifty-seven men and OF GEORGIA human genome cost over $1 billion dollars six women, and several administrative volun- IN THE HOUSE OF REPRESENTATIVES and took 6–8 years to complete. Today, it teers from the Junior League who worked in Thursday, April 25, 2013 costs less than $5,000 and can be done in 2– the office and initiated the ‘‘phone tree’’ when 3 days. These advances have been made requests came in. With the impending retire- Mr. GINGREY of Georgia. Mr. Speaker, I possible because federal investment in re- ment of Montclair Ambulance Unit’s first Cap- rise today to honor Chief Master Sergeant search has been translated into commercial tain, Captain Maclachlan, the trustees decided Peter W. Lincoln and to recognize his lifetime technology by U.S. entrepreneurs and compa- to create a paid position to handle the day-to- of service to our country. nies. According to a recent study, each dollar day business operations. In 1962, after an ex- On August 1, Chief Master Sgt. Lincoln will of federal money that was invested in the tensive search, the unit contracted John retire after 26 years of sacrifice and service to Human Genome Project resulted in $141 of Rankin for this role. A new Captain, R. Stan this great Nation. economic activity, resulting in more than $796 Berry, was elected by the active members. While he currently serves as the National billion dollars of economic impact and the cre- Again in 1964, a new Director was named; a Superintendent for Officer Accessions at Air ation of hundreds of thousands of jobs over retired Montclair Police Officer Frederick Force Reserve Recruiting in Georgia’s Robins the last two decades. These figures under- ‘‘Bud’’ Kupper. Air Force Base, he has worked in many dif- score the essential nature of federal research The year 1970 marked another milestone ferent capacities. In 1987, Lincoln was first as- and development in driving U.S. innovation. year for the Montclair Ambulance Unit, as they signed to the 437th Avionics Maintenance I urge my colleagues to join me in taking relocated their headquarters to what is now 86 Squadron in Charleston, South Carolina, and this opportunity to designate April 25th as Valley Road. This location served the unit for he has since been deployed to Iraq during Op- ‘‘DNA Day’’, when we honor the 10th anniver- the next 35 years. By 2005, the Montclair am- eration Desert Storm, amongst other contin- sary of the completion of the Human Genome bulance unit sold the Valley Road building, gencies across the globe. Since January of Project, the 60th anniversary of Watson and and moved to the old Walnut Street Fire- 1996, Lincoln has become a nationally recog- Crick’s discovery of the structure of DNA, and house, renovated and provided at a nominal nized recruiter for his service in Ohio, Ala- all of the remarkable advancements our sci- rate by the Township of Montclair. The pro- bama, and Georgia. entific community has made to the health of ceeds from the sale helped to finance oper- In his role as a recruiter for 18 years, Chief our nation’s people. ations, the maintenance of the ambulance Master Sgt. Lincoln has recruited 6500 new f fleet and the cost of equipment, and the staff airmen, which include eight hundred physi- of highly trained EMTs. Since the first meeting cians, and one thousand nurses. For his ef- HONORING THE MONTCLAIR AMBU- in 1952, the Montclair Ambulance Unit has re- forts, he has been decorated with a Top Re- LANCE UNIT’S 60TH ANNIVER- sponded to over 175,000 requests for service, cruiter of the Year Award, a Top National Phy- SARY and overcome the challenges of lack of vol- sician Recruiter Award, two Century Club rec- unteerism, higher standards of training for ognitions, and three Top National Health Pro- HON. RODNEY P. FRELINGHUYSEN staff, and the changes in the economic, polit- fessional Recruiter Awards. OF NEW JERSEY ical, and social world. The unit now has an Lincoln attributes much of his success to the IN THE HOUSE OF REPRESENTATIVES around the clock, career staff whose training support of his wife Kimberly, his children Rob- covers the entire range of EMS. Additionally, ert, Lauren, Emily, Alonna, Matthew, and Thursday, April 25, 2013 they follow an effective, new organization Stephanie; and his grandchildren Carley, Mr. FRELINGHUYSEN. Mr. Speaker, I rise model consistent with other public safety enti- Riley, Cheyenne, Preston, and Katie; his today to honor the Montclair Ambulance Unit, ties. They have added a Chief and Deputy grandparents Maudie and Armond Paiser; his located in the Township of Montclair, New Jer- Chief of Operations, a full time Lieutenant, two parents Nancy and Robert; and the rest of his sey, which is celebrating its 60th Anniversary. part time Sergeants, and a Special Events Co- family. In the early part of the 20th century, Emer- ordinator. Chief Master Sgt. Lincoln has played an in- gency Medical Services were just beginning to In addition to responding to medical emer- valuable role in the U.S. Armed Forces for organize formally. As populations increased, gencies and transportations, the Montclair Am- decades and he will surely be missed.

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.008 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E550 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2013 Mr. Speaker, on behalf of the 11th District of Andy’s after the University of Tennessee had house. He graduated in 1975 with a major in Georgia, my deepest thanks to Chief Master invited him to take a quarter off, and some- psychology and minors in political science Sgt. Lincoln for devoting his life to the uphold- how that quarter stretched out into a year and sociology, and started thinking about and a half as he whiled away slow afternoons ing the Constitution of the United States and what to do next. between lunch and happy hour with his Like so many Lonsdale boys before him, he to the protection of its citizens. I wish him a friends. became a cop. happy—and well-deserved—retirement. ‘‘It dawned on me that in 18 months, none f of us had moved an inch. So I went back to Theondrad ‘‘Sarge’’ Jackson, a retired ser- school and got my degree,’’ he said. geant from both the U.S. Army and the HONORING CHARLES ROBERTS Forty-plus years later, he’s a lawyer with a Knoxville Police Department and proprietor reputation for being aggressive, competent, of Sarge’s BBQ on Texas Avenue (famous for thorough, and for winning some huge settle- its C’mon Back Smoke) helped him get hired HON. SAM GRAVES ments. A politically active Republican who under a federal program at KPD. He was OF MISSOURI doesn’t mind occasionally going off the res- there for less than two years when the new IN THE HOUSE OF REPRESENTATIVES ervation—like when he supported Madeline safety director decided to eliminate the pro- Thursday, April 25, 2013 Rogero for mayor in a nonpartisan city gram. race—he’s got a Rule High School baseball ‘‘I got laid off in June of ’76 and started cap on one side of the shelf behind his desk Mr. GRAVES of Missouri. Mr. Speaker, I law school in September of ’76. That’s when and a Jellico cap on the other side, proudly pause to recognize Charles Roberts. I met Richard Bean.’’ Charles is a very special young man who has In his desk drawer sits a picture, soon to be exemplified the finest qualities of citizenship framed, of the tiny shotgun house in He counts the director of the Richard Bean Lonsdale where he grew up. He’s also got a Juvenile Detention Center as one of the and leadership by taking an active part in the picture of the Howard Johnson’s where his three most influential men in his life, along Boy Scouts of America, Troop 376, and earn- mother waited tables and the ET&WNC with his father and longtime Republican po- ing the most prestigious award of Eagle Scout. truck his father drove for a living. litical boss Loy Smith. Two old police offi- Charles has been very active with his troop, On another wall there are pictures of him cers—Rass Scruggs and Calvin Housewright, participating in many scout activities. Over the with presidents, senators and governors, in- recommended that Bean hire Stokes while many years Charles has been involved with cluding several from his stints as state com- he was in law school. missioner of employment security and as scouting, he has not only earned numerous ‘‘I benefitted from the good ol’ boy system. special assistant to the governor during the merit badges, but also the respect of his fam- I worked 3–11 and Juvenile Judge Richard Don Sundquist administration, including one Douglass gave me the key to his office with ily, peers, and community. Most notably, of him dressed in full Santa Claua drag sit- his law library and I’d sneak over to the Charles has contributed to his community ting on the back of his Harley-Davidson. court side to study. During finals, Richard through his Eagle Scout project. ‘‘I’m an old school dude. I like to ride mo- Mr. Speaker, I proudly ask you to join me in torcycles, go fishing and am pretty much would go home and eat supper and then come in and work for me while I’d go sit in the commending Charles Roberts for his accom- true to my southern Appalachian roots. I’m probably a typical Scots-Irish male. Whether judge’s office and study. We were on the plishments with the Boy Scouts of America quarter system, so we’d go through this and for his efforts put forth in achieving the you got money or I got money, we’re all even. Doesn’t matter who you are. every two or three months, and Richard highest distinction of Eagle Scout. ‘‘Redneck? That’s all right with me, Pre- would take care of me because he wanted me f tentious is probably not something anybody to get through law school. We were kindred calls me—I hope. RINO (Republican In Name spirits. I brag about working full-time PERSONAL EXPLANATION Only)? I don’t care. Madeline Rogero was by through law school, but if Richard hadn’t far the best candidate in that field of three. helped me, I never could have done it.’’ HON. ADRIAN SMITH A chief executive needs to be a competent Stokes got his law degree in 1979 and manager.’’ OF NEBRASKA joined the Army JAG Corps, where he served GROWING UP three years. IN THE HOUSE OF REPRESENTATIVES His family originally came from Saxton, Another thing Bean did for him was to in- Thursday, April 25, 2013 Ky., just across the state line from Jellico, troduce him to Bay Crawford, a school- Mr. SMITH of Nebraska. Mr. Speaker, on before they moved to Knoxville. His mother, teacher from Roanoke who worked at April 23 and 24, 2013, I was out of town due Thelma, is 89 and still living independently. Shannondale Elementary School. They’ve His father, J.P., died in 1999 and was a truck been married for 33 years, have two daugh- to a family situation. Unfortunately, I was not driver for a company called East Tennessee/ present for rollcall votes 118, 119, 120, 121, ters, three granddaughters and a grandson on Western North Carolina—ET-WNC. the way. They are also active members of 122, and 123. ‘‘We called it ‘Eat Taters and Wear No Second Presbyterian Church. Had I been present, I would have voted Clothes’.’’ ‘‘yea’’ on all six. When he was little, he spent weekends in ENTERING POLITICS f Jellico with his grandparents while his mother waited tables in the D&M, which for- Stokes came back home in 1982 and went to work for Bond, Carpenter and O’Connor, HONORING BILLY STOKES mally stood for Davenport and Miller, but was popularly called the Devil’s Mansion. and became president of the 5th District Re- He’s the youngest of three children, and publican Club (at Bean’s urging). In 1984, HON. JOHN J. DUNCAN, JR. Stokes says his family was faring much bet- Bean and Loy Smith urged Stokes to run for county GOP chair. He served nearly four OF TENNESSEE ter financially by the time he hit adoles- years. IN THE HOUSE OF REPRESENTATIVES cence. ‘‘Jimmy Hoffa negotiated a national con- ‘‘It required me to be a lot more partisan Thursday, April 25, 2013 tract for the Teamsters, and I was the only than I normally am. I’m an old school con- Mr. DUNCAN of Tennessee. Mr. Speaker, kid at home, so I had it a lot easier than my servative and I believe that compromise is recently the Halls Shopper News in my district brother and sister. I grew up working-class not only possible but beneficial. Howard and that’s what we need more of today.’’ Baker and Bob Dole are my heroes.’’ profiled a long-time friend of mine, Billy So how did this son of a Teamster become He has good memories of his two years Stokes. a Republican? with Sundquist, particularly of working with Billy is a very patriotic American and some- ‘‘You’ll have to remember—Hoffa didn’t leaders of both parties on the 1996 Workers one I really admire and respect. This article is have much use for the Kennedys. A lot of Compensation Act, and of taking on the Teamsters were Republicans at that time.’’ a great tribute to him, and I call it to the atten- state’s tire recycling program. His favorite After he finished up at Rule, Stokes en- tion of my Colleagues and other readers of the memory is the time he spent as Tennessee’s rolled in Maryville College to play football, RECORD. point person on the Ocoee Olympic events at but injured his ‘‘good’’ shoulder. He’d al- a time when the Atlanta Olympics com- [From the Halls/Fountain City Shopper ready had surgery on his left shoulder after mittee was considering pulling the plug on News, April 22, 2013] his senior season. WORKING-CLASS HERO That forced a decision: kayaking and canoeing. (By Betty Bean) ‘‘Being short and slow, I decided to quit He returned to Knoxville in 1997, and two Billy Stokes was playing quarter tonk football and go to UT.’’ things happened that altered his world: with a guy named Moses when he had a sud- BECOMING A COP Loy Smith died suddenly, and Stokes’ law den flash of clarity. After his Sam & Andy’s epiphany, he went partner, Daryl Fansler, a Democrat, ran for A 1970 Rule High School graduate, Billy back to school full-time, supporting himself chancellor. Stokes supported Fansler, upset- had gotten a job tending bar at Sam & by working at the General Products ware- ting many Republicans.

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K25AP8.013 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 25, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E551 After Fansler departed for the bench, INTRODUCTION OF FAMILY AND The Armenian genocide, in which 1.5 million Stokes put together the highly successful MEDICAL LEAVE INCLUSION ACT perished, is widely recognized as the 20th firm that has become Stokes, Williams, century’s first genocide. Raphael Lemkin, the Sharp & Davies. Jewish legal scholar who coined the word In 2004, he took on something that he calls HON. CAROLYN B. MALONEY ‘‘a serious miscalculation,’’ running against OF NEW YORK genocide and tirelessly advocated for interstate Rep. Jamie Hagood for state Senate IN THE HOUSE OF REPRESENTATIVES national law defining it and preventing it, was and losing badly. Thursday, April 25, 2013 driven largely by what happened to the Arme- ‘‘I’d suffered a pretty serious injury the nians. year before in a fall-down, and I decided that Mrs. CAROLYN B. MALONEY of New York. Since that time, the world has witnessed life is short and you better grab it fast. I had Mr. Speaker, it is time to bring our nation’s unfathomable horrors during the Nazi-per- some people encouraging me, and a lot of federal workplace policies into the 21st Cen- petrated Holocaust and subsequent genocides great help and I’d always wanted to serve in tury. Signed into law 20 years ago this past in Bosnia, Cambodia, Rwanda and Sudan. that capacity. February, the Family and Medical Leave Act And too often, the world has been silent in the ‘‘But I ran an inept campaign. I wish I (FMLA) provides protections to almost 60 per- hadn’t gotten beat quite so badly and I let a face of such brutality despite claims of ‘‘Never cent of the American workforce. This means Again.’’ lot of good people down, but otherwise I’ve approximately 90 million workers are covered In fact, Sudanese president Omar Bashir, moved on.’’ and eligible for leave under current FMLA poli- And then he grinned: an internationally-indicted war criminal cies that allow for up to 12 weeks of unpaid ‘‘Tim Hutchison got beat worse.’’ charged with genocide and crimes against hu- leave from work to care for a new baby or to manity, continues to travel the globe with vir- care for a spouse, child under age 18, or par- f tual impunity. ent who has a serious health condition. While Adolph Hitler, in describing his murderous HONORING CHRISTOPHER SEWARD this leave has provided critical work protec- plans and seeking to silence those with res- tions to individuals in times of great need, this ervations, famously said, ‘‘Who, after all, landmark law does not go far enough in ac- speaks today of the annihilation of the Arme- HON. SAM GRAVES commodating our modern workforce and fami- nians?’’ OF MISSOURI lies. IN THE HOUSE OF REPRESENTATIVES Polls related to recent cases before the Su- There is power in speaking the truth, even about atrocities that occurred nearly a century Thursday, April 25, 2013 preme Court show that more and more Ameri- cans support marriage equality and recognize ago, so that others with evil aims will not be Mr. GRAVES of Missouri. Mr. Speaker, I the need to extend federal rights and privi- empowered by our silence. proudly pause to recognize Christopher Sew- leges to all American families. With that goal Sadly President Obama, despite his cam- ard. Christopher is a very special young man in mind, I am introducing the Family and Med- paign promises, has once again failed to char- who has exemplified the finest qualities of citi- ical Leave Inclusion Act that will allow same acterize the brutal slaughter of one and half zenship and leadership by taking an active sex spouses and partners, grandparents, and million people as genocide. part in the Boy Scouts of America, Troop 376, other loved ones eligible to take family and and earning the most prestigious award of medical leave to care for a sick family mem- f Eagle Scout. ber. Under current federal law, such individ- CONGRATULATING NORWICH Christopher has been very active with his uals do not qualify for FMLA, making it impos- troop, participating in many scout activities. TOWNSHIP CITIZENS ON THEIR sible for some employees to be with their BICENTENNIAL ANNIVERSARY Over the many years Christopher has been in- loved ones during times of medical need. volved with scouting, he has not only earned Almost 600 employers, including more than numerous merit badges, but also the respect two hundred fortune 500 companies, several HON. STEVE STIVERS of his family, peers, and community. Most no- states, the District of Columbia, and some OF OHIO tably, Christopher has contributed to his com- local jurisdictions have extended these protec- IN THE HOUSE OF REPRESENTATIVES munity through his Eagle Scout project. tions to individuals not originally included in Thursday, April 25, 2013 Mr. Speaker, I proudly ask you to join me in the original Family and Medical Leave Act. commending Christopher Seward for his ac- The legislation I am introducing today would Mr. STIVERS. Mr. Speaker, I rise today to complishments with the Boy Scouts of Amer- allow an employee to take unpaid leave from congratulate the citizens of Norwich Township, ica and for his efforts put forth in achieving the work if his or her same-sex spouse or domes- located in Franklin County, on their bicenten- highest distinction of Eagle Scout. tic partner has a serious health condition. It nial anniversary. also permits employees to take FMLA to care Though the first pioneers west of the Scioto f for a parent-in-law, adult child, sibling, grand- River and South of Hayden Run arrived in child or grandparent if that person has a seri- 1807, the Township was not officially founded SEXUAL ASSAULT AWARENESS ous health condition. Additionally, given repeal until 1813—a year after the City of Columbus, of don’t ask don’t tell, this legislation includes 56 years before the City of Hilliard was incor- HON. MICHAEL G. FITZPATRICK domestic partners of service members as per- porated, and 10 years after Ohio was admitted OF PENNSYLVANIA missible candidates for FMLA. into the union. IN THE HOUSE OF REPRESENTATIVES I thank Senator RICHARD DURBIN for intro- Norwich Township boasts a rich history. The ducing this legislation on the Senate side as township’s one-room schoolhouse known as Thursday, April 25, 2013 well as my colleagues who have signed on as ‘‘Smiley’s Grove’’ opened in 1814, and by Mr. FITZPATRICK. Mr. Speaker, I rise today original supporters. I urge swift passage of this 1878 the school system was fully integrated. to raise awareness of an issue that harmfully bill. In fact, many early settlers in Norwich were affects many individuals both in my district and f emancipated slaves. One of the largest limestone deposits in the throughout the United States. April represents ARMENIAN GENOCIDE world can be found in the southeast corner of Sexual Assault Awareness Month, which was ANNIVERSARY instituted as a means to spread the word Norwich, bringing scores of jobs to the area at about the frequency and aftermath of sexual the turn of the century. assault, as well as to garner support for com- HON. FRANK R. WOLF Wesley Chapel Methodist Church is a his- munity programs focused on prevention. OF VIRGINIA torical landmark in the township. It was orga- IN THE HOUSE OF REPRESENTATIVES April 26th marks the 2nd Annual ‘‘Wear Teal nized in 1832, and a public cemetery was to Work Day,’’ an event organized by the Net- Thursday, April 25, 2013 added on adjacent to the church in 1836. This work of Victim’s Assistance (NOVA), a com- Mr. WOLF. Mr. Speaker, this week marked fall, citizens will celebrate their bicentennial munity group located in my district with a mis- the 98th anniversary of the Armenian geno- anniversary with a historical walk beginning at sion to support, counsel, and empower victims cide. the cemetery. of sexual assault. Several businesses and or- I have long been a cosponsor of a resolu- Mr. Speaker, I would like all Members of ganizations throughout Pennsylvania have tion introduced in multiple sessions of Con- Congress to join me in congratulating Norwich readily agreed to endorse this initiative, and I gress which reaffirms the United States record Township and its residents as they celebrate applaud them for their contributions. on the Armenian genocide. their bicentennial anniversary.

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A25AP8.011 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E552 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2013 COMMENDING PRESIDENT cord, and wished success, especially in the baijan. I note that January 20, 2013 marked NURSULTAN NAZARBAYEV OF strengthening of peace. the 23rd anniversary of an historic and tragic THE REPUBLIC OF KAZAKHSTAN At the Vatican, Kazakhstan’s Chairman of day in the history of the country of Azerbaijan. the Agency for Religious Affairs Kairat Lama On the night of January 19, 1990, 26,000 So- HON. ENI F.H. FALEOMAVAEGA Sharif and the Cardinals of the Holy See also viet troops invaded the capital city of Baku OF AMERICAN SAMOA discussed the prospects of the Congress of and surrounding areas. By the end of the next Astana and the deepening of interreligious re- IN THE HOUSE OF REPRESENTATIVES day, more than 130 people had died, 611 lations. As Angelo Sodano, Dean of the Col- were injured, 841 were arrested and 5 were Thursday, April 25, 2013 lege of Cardinals of the Holy See, stated, ‘‘I missing. This event is memorialized as ‘‘Black Mr. FALEOMAVAEGA. Mr. Speaker, I rise think that the idea of the President of January,’’ and, for the citizens of the Republic today to commend the Republic of Kazakhstan Kazakhstan Nursultan Nazarbayev to hold the of Azerbaijan this event left an indelible mark on the 10th anniversary of President Nursultan Congress of Leaders of World and Traditional on the minds of all citizens. Nazarbayev’s initiative in establishing the Con- Religions is very important. This is a great Soviet troops entered Azerbaijan under the gress of Leaders of World and Traditional Re- contribution to the development of interreli- pretext of restoring public order, while actually ligions. gious dialogue. And very big work has been aiming to forcefully end peaceful demonstra- In the 111th Congress, the U.S. House of conducted for the past 10 years. This year the tions for independence. However, Soviet incur- Representatives unanimously passed H. Res. diplomatic relations between Kazakhstan and sion further incited aspirations of Azerbaijani 535, a Resolution I introduced to commend the Vatican is 21. During all this time the mu- people to regain their independence after 70 the Congress of Leaders of World and Tradi- tual aspiration for interreligious and intercul- years of Soviet rule. tional Religions for calling upon all nations to tural concord only has strengthened.’’ In the end, Azerbaijan’s pro–Moscow regime live in peace and mutual understanding. An organized photo exhibition at the Vatican grew weaker and by 1991, popular pressure The Congress of Leaders of World and Tra- was devoted to the 10th anniversary of the resulted in restoration of independence of ditional Religions has always been based on Congress, and the photo exhibition will now be Azerbaijan. On August 30, 1991, Azerbaijan’s the premise that religion can be an important displayed in the U.S. Capitol during a recep- Parliament adopted the Declaration on the arbiter for resolving political differences and tion to be held on May 7, 2013. I am honored Restoration of the State Independence of the conflicts, and I am pleased that The Congress to participate in this worthy cause. Republic of Azerbaijan, and on October 18, of Leaders of World and Traditional Religions Once more, I commend President 1991, the Constitutional Act on the State Inde- has created a platform for building bridges of Nazarbayev for his visionary leadership. Presi- pendence of the Republic of Azerbaijan was mutual understanding. The Congress has be- dent Nazarbayev is a man committed to approved. November 1991 marked the begin- come an effective forum for leaders of world peace, and I stand with him as he spares no ning of international recognition of Azerbaijan’s religions to promote a united approach to the effort to advance understanding. For historical independence. The United States opened an critical issue of interreligious dialogue. purposes, I thank him for establishing the embassy in Baku in March 1992 and it has re- The Congress of Leaders of World and Tra- Congress of Leaders of World and Traditional mained committed to aiding Azerbaijan in its ditional Religions also has become a full- Religions, and for promoting religious dialogue transition to democracy and its formation of an fledged platform for multi-track-discussions on between people of all faiths. open market economy. Some historical observers have noted that the most pressing issues of international reli- f the violence inflicted on the citizens of Baku gious affairs. Kazakhstan’s capital, Astana, AUTISM AWARENESS may have been intended to send a message has hosted four high-profile gatherings of sen- to other Soviet republics that similar aspira- ior clerics from Islam, Christianity, Buddhism, HON. MICHAEL G. FITZPATRICK tions of nationalism would not be tolerated. In Judaism, Hinduism, Taoism and other faiths. It OF PENNSYLVANIA the wake of this horrific act and inspired by was my privilege to attend a gathering of the IN THE HOUSE OF REPRESENTATIVES the strength of the Azerbaijani people’s belief Congress which included participation from in the principles of democracy, the Republic of The Church of Jesus Christ of Latter-day Thursday, April 25, 2013 Azerbaijan has maintained its independence Mr. FITZPATRICK. Mr. Speaker, I rise today Saints, the Christian denomination of which I for more than 16 years, despite lingering eco- to raise awareness for the 2 million individuals am a member. nomic and social problems from the Soviet A symbol of tolerance, Astana was a center in the U.S. that have autism. Autism is a brain era. Today, Azerbaijan has developed into a for interreligious discussions during disorder that affects the mental development thriving country with double digit growth, in of children all across the United States. Kazakhstan’s 2010 OSCE Chairmanship and large part due to a freely–elected president the subsequent Organization of Islamic Co- Autism is a disease that is being thrust into the national spotlight. One in every 88 children and parliament, free market reforms led by the operation Ministerial Chairmanship in 2011– energy sector, and most importantly, no for- 2012. As a secular state with a predominantly in the United States is now affected by it. That number is a ten-fold increase in prevalence eign troops on its soil. Muslim population, Kazakhstan has been The road to independence, sovereignty and over a period of just 40 years. Indeed, autism working to promote tolerance and interreli- territorial integrity for the Azerbaijani people is the fastest growing developmental disability gious dialogue since the first days of its inde- has not come without adversity and sacrifice. in the United States. pendence. As the world was recovering from Athough Azerbaijan thrives today, the people the aftermath of 9/11, Kazakhstan responded Some solace is found in the fact that many organizations are making great strides in proof Azerbaijan recognize those who lost their to international grievances by convening a lives on Black January in 1990 and honor their Congress of Leaders of World and Traditional moting awareness of autism. One that is active in my district is the Autism Cares Founda- sacrifice through their commitment to the Religions. ideals of democracy. As we reflect on this ter- President Nazarbayev also has met with tion, located out of Richboro, PA. It is organizations such as this that are on the front lines rible tragedy, we who believe in the tenets of Pope Benedict XVI and other high-ranking freedom and the hope of democracy should representatives of the Vatican, focusing dis- of combating the challenge that autism is presenting to this country. I am proud of the peo- recognize the incredible sacrifice made by the cussions on the necessity for further develop- people of Azerbaijan and by free people all ment of interreligious dialogue. The visit of ple at Autism Cares and those in organizations like it that are committed to building around the world. John Paul Pope II in Kazakhstan in 2001 as I also rise to commemorate the 21st anni- awareness and outreach as they continue to well as a visit to the Vatican by President versary of the Khojaly massacre perpetrated serve families living with autism. Nursultan Nazarbayev in 2009 indicates that by Armenian armed forces on February 25 an active bilateral cooperation exists. f through February 26, 1992 in the town of In February 2013, the Chairman of BLACK JANUARY AND KHOJALY Khojaly in the Nagorno–Karabakh region of Kazakhstan’s Senate and Head of the Secre- MASSACRE Azerbaijan. Khojaly, now under the occupation tariat of the Congress of Leaders of World and of Armenian armed forces, was the site of the Traditional Religions Kairat Mami also met HON. MADELEINE Z. BORDALLO largest killing of ethnic Azerbaijani civilians in with Pope Benedict XVI at the Vatican and ex- OF GUAM the course of the Armenia–Azerbaijan conflict. pressed gratitude to the Holy See for support Khojaly, once the home to 7,000 people, IN THE HOUSE OF REPRESENTATIVES of the Congress. was completely destroyed. Six hundred thir- During these meetings, Pope Benedict XVI Thursday, April 25, 2013 teen people were killed, of which 106 were praised the efforts of President Nazarbayev in Ms. BORDALLO. Mr. Speaker, I rise to dis- women, 83 were children and 56 were pur- preserving intercultural understanding and ac- cuss several matters of importance to Azer- ported to have been killed. In addition, 1,275

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.015 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 25, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E553 people were taken hostage, 150 went missing among us, but also helps raise crucial funds to for their service to our nation and to pay trib- and 487 people became disabled. Also in the ensure that the American Red Cross is pre- ute to the incredible sacrifice they made for records maintained, 76 of the victims were pared and equipped to assist those that need our country. teenagers, 8 families were wiped out and 25 food, shelter, and comfort during emergencies Today’s Honor Flight brings together three children lost both of their parents while 130 and difficult times. generations of veterans who will travel to- lost one of their parents. According to Human As principal of Whittier Elementary School in gether and support one another throughout Rights Watch and other international observ- Indianola, Ed Johnson works to improve chil- their trip. It brings together members of the ers, the Armenian Armed forces were report- dren’s lives every day. But to fifth grader Greatest Generation who defended and then edly aided by the Russian 366th Motor Rifle Logan Major, Principal Johnson is truly a life- rebuilt our nation to make it even stronger. It Regiment. saver. During a typical lunch period, Logan also brings together veterans who were never At the time, Newsweek magazine reported: was eating a carrot that, without warning, ob- given the homecoming they deserved. Many ‘‘Azerbaijan was a charnel house again last structed his air supply. Upon seeing this stu- of the Vietnam Veterans travelling on the week: a place of mourning refugees and doz- dent in distress, Ed wasted no time success- Honor Flight will act as volunteer guardians for ens of mangled corpses dragged to a make- fully performing the Heimlich maneuver to their fellow veterans—truly bringing together shift morgue behind the mosque. They were avert the life-threatening situation. While Prin- generations of those who have served our na- ordinary Azerbaijani men, women and children cipal Johnson may just see his actions as part tion. of Khojaly, a small village in war–torn of another day on the job, his quick thinking This trip demonstrates that we as a state Nagorno–Karabakh overrun by Armenian and professional response left an entire com- and as a country will never forget the debt we forces on 25–26 February. Many were killed at munity grateful for his commitment to school- owe those who have worn our nation’s uni- close range while trying to flee; some had children and their safety. Principal Johnson is form. Iowa’s veterans will be able to visit their their faces mutilated, others were scalped.’’ an example of leadership that our state can be monuments because their fellow Iowans re- As part of the Khojaly population that tried proud of. fused to let their service go unrecognized. to escape, they encountered violent ambushes Mr. Speaker, Mr. Johnson’s actions that Their generosity is truly humbling and should that led to abuses, torture, mutilation and earned him the title a ‘‘Hero of the Heartland’’ inspire us all to continue to work each and death. The Russian organization, Memorial, are a testament to the humble, hardworking every day on behalf of those who serve our stated that 200 Azerbaijani corpses were and helpful people who make up the great nation. brought from Khojaly to Agdam within four state of Iowa. I invite my colleagues in the I am tremendously proud to welcome the days. House to join me in congratulating Ed on a job Honor Flight of the Quad Cities and Iowa’s Time magazine published the following de- well done, thanking the American Red Cross veterans of the Second World War, the Ko- scription: ‘‘While the details are argued, this serving Greater Iowa for their life changing ef- rean War, and the Vietnam War to our na- much is plain: something grim and uncon- forts, and wishing all of those involved in the tion’s capital today. On behalf of every Iowan scionable happened in the Azerbaijani town of Heroes of the Heartland program continued I represent, I thank them for their service to Khojaly 2 weeks ago. So far, some 200 dead success for years to come. our country. Azerbaijanis, many of them mutilated, have f f been transported out of the town tucked inside the Armenian–dominated enclave of Nagorno– PERSONAL EXPLANATION CONGRATULATING DOCTOR KEN Karabakh for burial in neighboring Azerbaijan. ELMASSIAN The total number of deaths—the Azerbaijanis HON. LUCILLE ROYBAL-ALLARD claim 1,324 civilians have been slaughtered, OF CALIFORNIA HON. MIKE ROGERS most of them women and children—is un- IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN known.’’ IN THE HOUSE OF REPRESENTATIVES Thursday, April 25, 2013 The extent of the cruelty of this massacre Thursday, April 25, 2013 against women, children and the elderly was Ms. ROYBAL-ALLARD. Mr. Speaker, I inad- unfathomable. This anniversary reminds us of vertently missed one of the three rollcall votes Mr. ROGERS of Michigan. Mr. Speaker, I the need to redouble efforts to help resolve on Wednesday, April 24, 2013. Had I been rise to congratulate Doctor Ken Elmassian on the Armenia-Azerbaijan conflict. The United present, I would have voted in this manner: his new position as President of the Michigan States as a Co–Chair of the OSCE Minsk Rollcall vote No. 122—On agreeing to the State Medical Society. Group should intensify its efforts to reach a Rule Resolution, H. Res. 175, Providing for Doctor Elmassian is truly one of the great resolution of this protracted conflict. consideration of H.R. 1549, Helping Sick medical professionals and a leader in his com- Mr. Speaker, Azerbaijan is a strong ally of Americans Now Act—‘‘no.’’ munity. After graduating from the Michigan the United States in a strategically important f State University College of Osteopathic Medi- and complex region of the world. I ask my col- cine in 1976, Doctor Elmassian completed a HONORING THE VETERANS OF THE leagues to join me and our Azerbaijani friends residency program in anesthesiology. His im- HONOR FLIGHT OF THE QUAD in commemorating the tragedy that occurred in pressive career then began in Flint as an at- CITIES the town of Khojaly as well as Black January. tending anesthesiologist at Flint Osteopathic f Hospital. After returning to Lansing, he served HON. DAVID LOEBSACK as the Director of Cardiac Anesthesiology at A TRIBUTE TO ED JOHNSON OF IOWA McLaren Greater Lansing where he held many IN THE HOUSE OF REPRESENTATIVES leadership positions including the chair of the Credentials Committee, member of the Critical HON. TOM LATHAM Thursday, April 25, 2013 OF IOWA Care Committee, vice-chair of the Department IN THE HOUSE OF REPRESENTATIVES Mr. LOEBSACK. Mr. Speaker, today, over of Anesthesia, Medical Staff Secretary, and ninety Iowa veterans of World War II, the Ko- Chief of Staff as well as a member of the Thursday, April 25, 2013 rean War, and the Vietnam War will travel to Board of Trustees. Mr. LATHAM. Mr. Speaker, I rise today to our nation’s capital. Together, they will visit These prestigious positions and titles do not congratulate and recognize Ed Johnson for the monuments that were built in their honor take away Doctor Elmassian’s focus and un- being named a 2013 Hero of the Heartland by by a grateful nation. derstanding of how patient health and profes- the American Red Cross serving Greater We owe these heroes a debt of gratitude. sional development interact within the broader Iowa. For many, today will be the first time they will context of our state and local communities. He Each year, the American Red Cross serving see the National World War II Memorial, the has held numerous leadership positions in the Greater Iowa recognizes Heroes of the Heart- Korean War Veterans Memorial, and the Viet- Ingham County Medical Society (ICMS) as land by selecting everyday Iowans who have nam Veterans Memorial. I can think of no delegate to the Michigan State Medical Soci- done extraordinary things to help their neigh- greater honor than to be able to greet them ety, chair of the Legislative Committee, past bors and communities. The Iowans honored and thank Iowa’s—and our nation’s—heroes treasurer, and past president and continues to with this prestigious award displayed selfless- for their service to our country. serve the ICMS as a member of its Board of ness in a variety of courageous, charitable That is why I am deeply honored to join Directors. and thoughtful acts. The Heroes of the Heart- them for their visit to the National World War As an active member of the Michigan State land program not only showcases the heroes II Memorial to personally thank these heroes Medical Society, Doctor Elmassian has served

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K25AP8.018 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E554 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2013 on the Board of Directors and on both the of the Heartland program continued success This legislation will ensure that the Amer- Legislative and Financial Committees of the for years to come. ican public will not run into another ‘‘DAIRY Board. He also enthusiastically participated for f CLIFF.’’ Last Congress, we did not get to vote many years on the Committee on State Legis- on a Farm Bill because, among other things, lation and Regulations, as well as the MDPAC SALUTE TO COAST GUARD STA- there was a major problem with the dairy pol- Board, the Committee on Federal Legislation, TION, PORT CANAVERAL FOR icy section. as well as other committees and task forces. SERVICE IN SUPPORT OF AMER- Every member that represents a Congres- Doctor Elmassian’s philosophy of engage- ICA’S SPACE SHUTTLE PROGRAM sional District with dairy farmers is acutely ment puts patients before politics. He believes aware of how our current programs failed that organizational relationships, ongoing inter- HON. BILL POSEY dairy farmers and the hardship these families action with state and federal policymakers, OF FLORIDA experienced. There is no single farm district and coalition building are integral to devel- IN THE HOUSE OF REPRESENTATIVES member who disagrees on the need for funda- oping sound health policy. It is Doctor Thursday, April 25, 2013 mental reform of our dairy program. We all agree on the need to reform and improve our Elmassian’s philosophy that together we will Mr. POSEY. Mr. Speaker, I rise today to current dairy policies—and our bill would do achieve better outcomes for patients and pro- congratulate the brave men and women of the just that. However, our bill would strike the viders. Coast Guard Station, Port Canaveral on their As a licensed commercial pilot, Doctor proposed ‘‘dairy market stabilization program.’’ reunion which is set to take place on May 4, Elmassian enjoys vacationing in Glen Arbor in This highly controversial piece would attempt 2013. I rise to commend the meritorious serv- the summer, reading biographies, the opera, to manage the U.S. milk supply, and in the ice and commitment of Coast Guard Station mountain treks in New Hampshire, and exer- process penalize both consumers of dairy Port Canaveral Active Duty, Reserve, and cising, all of which he enjoys most with his products, and dairy farmers who expand their Auxiliary personnel who supported National family, which includes his wife, Georgina and operations. This program was proposed to be Aeronautics and Space Administration (NASA) their sons, Joshua and Zachary. included in the extension of the 2008 Farm Space Shuttle missions. Their service was crit- I ask that the House of Representatives join Bill—but it was resoundingly rejected by the ical to the safety of the public and the Shuttle me in thanking Doctor Elmassian for his ex- House and Senate leadership. Do we really missions. A special thanks, also, to retired Ad- emplary service to his community and con- want to run into this wall again? I don’t think miral G. Robert Merrilees, who has kept a gratulating him on his installation as President so if we want to get a Farm Bill done this watchful eye on the Space Coast and played of the Michigan State Medical Society. year. a significant role in this celebration of service. I would ask Chairman LUCAS and Ranking f On April 12, 1981, the Coast Guard Station, Member PETERSON to include the Dairy Free- Port Canaveral began their service in support A TRIBUTE TO ANNE MURR dom Act, what we consider to be the com- of NASA’s Space Transportation Program promise, in the Chairman’s Mark of the Farm (STS) program and provided that support for Bill. Our bill is largely based on the Dairy Se- HON. TOM LATHAM 135 manned space flight missions. Respon- curity Act offered last Congress by Ranking OF IOWA sible for over 550 square miles surrounding Member COLLIN PETERSON (D–MN) and is an- IN THE HOUSE OF REPRESENTATIVES the Kennedy Space Center, the Port Canav- ticipated to be included again in the underlying Thursday, April 25, 2013 eral station managed STS recovery and safety Farm Bill. The only fundamental difference is missions for 30 years. These resolute men Mr. LATHAM. Mr. Speaker, I rise today to that it would exclude the supply management and women successfully carried out their mis- congratulate and recognize Anne Murr for program, and require more fiscally responsible sion to ensure the safety not only of the Shut- being named a 2013 Hero of the Heartland by risk management insurance premium levels for tle, but also for over 200,000 viewers per the American Red Cross serving Greater large farmers. Iowa. Shuttle mission. Supply management runs contrary to the This dedication and mission accountability Each year, the American Red Cross serving goals of limited government and economic would not be possible without the contributions Greater Iowa recognizes Heroes of the Heart- growth. A supply control program that will di- and calculated efforts of over 100 personnel land by selecting everyday Iowans who have rectly intervene in markets and increase milk that supported each launch. done extraordinary things to help their neigh- prices will ultimately hurt producers as well as Coast Guard Station Port Canaveral per- bors and communities. The Iowans honored dairy food manufacturers by stifling industry sonnel played a substantial role as first re- with this prestigious award displayed selfless- growth. A national dairy policy that allows the sponders to the Space Shuttle Challenger ness in a variety of courageous, charitable market to determine prices paid—with the ad- tragedy on January 28, 1986. Contributing and thoughtful acts. The Heroes of the Heart- dition of a new risk management tool such as 1,300 hours surveying 150,000 square miles land program not only showcases the heroes Margin Protection Insurance—will help dairy of ocean surface throughout an 11 day mis- among us, but also helps raise crucial funds to producers withstand unforeseen market condi- sion and recovery operation, Station Port Ca- ensure that the American Red Cross is pre- tions. This is no different than how other com- naveral deserves recognition for its stamina, pared and equipped to assist those that need modities are treated in the Farm Bill. professionalism, and commitment to mission food, shelter, and comfort during emergencies Our bill also represents a true compromise execution. Their service was exemplary and difficult times. on dairy policy. We agree that our dairy pro- throughout their 30-year space shuttle support Anne Murr was named a Hero of the Heart- grams need to be reformed and we have ac- mission. land through her efforts as Drake University’s cepted over 80% of the proposals that have I offer my sincere gratitude and thanks to Coordinator of the Adult Literacy Center. For been made by Ranking Member COLLIN Coast Guard Station Port Canaveral and the more than 20 years, Anne has continued to do PETERSON. We agree a strong safety net is men and women who served active duty, re- everything she can to change lives at the cen- needed for dairy farmers. What we reject is serve and auxiliary roles in support of our ter, from playing support roles to educating the idea that government also needs to inter- Space Shuttle program between April 12, and coordinating activities. Outside of her of- vene in dairy markets by controlling milk pro- 1981 and February 24, 2011. May the Space fice hours, Anne also plans community–wide duction, and ultimately milk prices. Coast and our nation always remember the events to connect students, tutors and com- Many have labeled the disagreement about service of these brave men and women. munity members. Anne’s work as a teacher supply management as a fight between dairy and a leader has enriched lives and the world f producers and dairy processors. The truth, around her. She is truly an example our state THE DAIRY FREEDOM ACT however, is that because supply management can be proud of. programs are designed to have government Mr. Speaker, Ms. Murr’s actions that earned HON. BOB GOODLATTE artificially manipulate prices, they are opposed her the title a ‘‘Hero of the Heartland’’ are a by a wide variety of groups. Consumer advo- OF VIRGINIA testament to the humble, hardworking and cates point out that increased dairy prices IN THE HOUSE OF REPRESENTATIVES helpful people who make up the great state of mean families will be forced to stretch their Iowa. I invite my colleagues in the House to Thursday, April 25, 2013 food budgets further, and perhaps purchase join me in congratulating Anne on a job well Mr. GOODLATTE. Mr. Speaker, I rise today less nutritious products than dairy. Food man- done, thanking the American Red Cross serv- to introduce the Dairy Freedom Act with my ufacturers, retailers and restaurants know that ing Greater Iowa for their life changing efforts, colleague, the gentleman from Georgia, DAVID increased dairy prices will hurt their busi- and wishing all of those involved in the Heroes SCOTT. nesses as well. And, finally, all of our major,

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.018 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 25, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E555 non-cooperative owned dairy exporters agree CONGRATULATING HOMEBOY IN- OUR UNCONSCIONABLE NATIONAL that supply management will have a negative DUSTRIES ON THEIR 25TH ANNI- DEBT impact on their ability to be reliable suppliers VERSARY in the world market. HON. MIKE COFFMAN Dairy regulations are complex, outdated and HON. LUCILLE ROYBAL-ALLARD inefficient. Proposed reforms in the Farm Bill OF CALIFORNIA OF COLORADO should not reduce exports, cut jobs, and add IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES more regulations. The Dairy Title should allow Thursday, April 25, 2013 Thursday, April 25, 2013 the dairy industry a chance to compete and Ms. ROYBAL-ALLARD. Mr. Speaker, I rise grow without government regulating the Mr. COFFMAN. Mr. Speaker, on January today to congratulate Homeboy Industries, a amount of milk a farmer can produce. Our citi- 20, 2009, the day President Obama took of- non-profit organization which offers com- zens and the world population deserve an fice, the national debt was prehensive reintegration services including job abundant, affordable and sustainable food $10,626,877,048,913.08. skills training and social services to former Los supply. Angeles gang members, on their 25th anniver- Today, it is $16,794,349,827,897.30. We’ve Mr. DAVID SCOTT and I have developed a sary. added $6,167,472,778,984.22 to our debt in 4 viable, bipartisan alternative. Join us to sup- In 1988, Jesuit priest Father Greg Boyle years. This is $6 trillion in debt our nation, our port a revenue insurance program that will began Homeboy Industries to address the economy, and our children could have avoided help dairy producers without including a gov- need for employment opportunities among with a balanced budget amendment. ernment controlled supply management pro- local youth. Today, Homeboy Industries is gram. much more than a jobs program. Homeboy In- f dustries gives young people who have lost HONORING STEVEN ORTIZ f their childhood to gangs a chance to take A TRIBUTE TO ANNE THOMAS back their lives as adults by providing former gang-involved youth with tattoo removal, case HON. JOE COURTNEY management and legal services, as well as OF CONNECTICUT HON. TOM LATHAM mental health and substance abuse coun- IN THE HOUSE OF REPRESENTATIVES OF IOWA seling. IN THE HOUSE OF REPRESENTATIVES Thanks to Father Boyle’s leadership during Thursday, April 25, 2013 the past 25 years, Homeboy Industries has Thursday, April 25, 2013 grown from a small job development program Mr. COURTNEY. Mr. Speaker, I rise today Mr. LATHAM. Mr. Speaker, I rise today to in the Boyle Heights neighborhood of Los An- to honor the 2013 recipient of the Ellis Island congratulate and recognize Anne Thomas for geles into the largest, most comprehensive Medal of Honor. Hailing from Willington, Con- being named a 2013 Hero of the Heartland by and most successful gang prevention, inter- necticut, Steven Ortiz is the first Costa Rican- the American Red Cross serving Greater vention, and rehabilitation program in the American to receive this honor in award’s 27- Iowa. country. year history. Each year, the American Red Cross serving According to a recent study from the Vera Steven is the founder and director of The Greater Iowa recognizes Heroes of the Heart- Institute of Justice, the five most common re- Good Samaritan Project, which donates new land by selecting everyday Iowans who have integration priorities self-reported by individ- and slightly worn clothing throughout Latin done extraordinary things to help their neigh- uals exiting Los Angeles County Jail are: em- America and has provided educational schol- bors and communities. The Iowans honored ployment, housing, substance abuse, relation- arships in Costa Rica. His clear global vision, with this prestigious award displayed selfless- ships, and staying out of trouble. Through the leadership and philanthropic spirit has ensured ness in a variety of courageous, charitable jobs and support services Homeboy Industries that his organization is run completely by vol- and thoughtful acts. The Heroes of the Heart- provide, men and women in the LA region are unteers and that 100 percent of donations are land program not only showcases the heroes finding these needs met. Homeboy Industries used for charitable purposes. among us, but also helps raise crucial funds to has a 70 percent rate of retaining clients in Steven serves in the Massachusetts Air Na- ensure that the American Red Cross is pre- services, while similar programs across the tional Guard as the Commander and con- country have 20–30 percent rates of retention. pared and equipped to assist those that need ductor of the Air National Guard Band of the When weighed against the 70 percent recidi- food, shelter, and comfort during emergencies Northeast. Under his leadership, the band’s vism rate nationally among ex-offenders, and difficult times. various ensembles provide support for military Homeboy Industries’ ability to engage clients units and civilian events, and perform for tens To be named a Hero of the Heartland, Anne in the process of reintegration and personal Thomas of Clive started the local organization of thousands of people every year throughout transformation is particularly revealing. This the Nation. ‘‘Let’s Soar Together’’ in 2006 with a group of organization shows the benefits of investing in He has taught at the elementary, middle, her friends. Let’s Soar Together filled a need impoverished communities that have been im- and high school levels in both public and pri- in her community to advocate for children with pacted by gang violence. special needs and provide support and re- Between 240 and 280 people are hired vate schools in Connecticut and has led en- sources for their families. Ms. Thomas’ organi- every year in restaurants and stores owned sembles at the collegiate level. As an under- zation has donated dozens of iPads and iPods and operated by Homeboy Industries through- graduate student, Ortiz founded the Danbury to children with behavioral disorders and au- out Los Angeles. When hiring, Homeboy In- Youth Band and has provided numerous in- tism in the Waukee School District, built dustries doesn’t look for diplomas or job expe- struments at no cost to children at home and adaptive swings for Maple Grove Elementary rience. They look for visible gang tattoos and abroad. He has facilitated thousands of hours School, and donated more than a thousand juvenile arrest records. As a business, of free and low-cost music instruction in an ef- dollars to the Waukee YMCA to install a play- Homeboy Industries isn’t concerned with prof- fort to keep children safe and engaged in pro- ground with adaptive play equipment. Anne’s its or executive bonuses. Their concern is with ductive activities, while ensuring they learn commitment to a cause greater than herself their staff and ending the cycle of gang vio- valuable life lessons. continues to change lives and benefit her lence one person at a time. The Ellis Island Medal of Honor is a pres- community. Once again I congratulate Homeboy Indus- tigious award presented to an immigrant who Mr. Speaker, Ms. Thomas’ actions that tries and their inspirational founder and leader, dedicates his life to helping others, preserves earned her the title a ‘‘Hero of the Heartland’’ Father Greg. I had the good fortune and honor and celebrates the history, traditions and val- are a testament to the humble, hardworking of representing Father Greg and Homeboy In- ues of his ancestry while proving himself as a and helpful people who make up the great dustries for nearly 25 years, first in the Cali- valuable citizen of the United States. Recipi- state of Iowa. I invite my colleagues in the fornia State Assembly and then in the U.S. ents like Steven strive for tolerance and ac- House to join me in congratulating Anne on a House of Representatives. In closing, I want to ceptance among ethnic, racial, and religious job well done, thanking the American Red express my deepest admiration both for Fa- groups in our nation and abroad and above Cross serving Greater Iowa for their life ther Greg’s tireless and dedicated efforts and all, they share their personal or professional changing efforts, and wishing all of those infor all former gang members seeking to gifts for the benefit of humanity. I ask that my volved in the Heroes of the Heartland program change their lives and end the culture of gang colleagues join with me in congratulating Ste- continued success for years to come. violence once and for all. ven Ortiz on his impressive achievement.

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A25AP8.020 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS E556 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2013 A TRIBUTE TO DOUG ARMSTRONG position. Under Mr. Alford’s leadership, sales received numerous commendations for his heat Marine Chevrolet Cadillac have nearly dou- roic actions, including the Medal of Excellent HON. TOM LATHAM bled. Service and Medal of Valor from New York OF IOWA Mr. Alford’s expertise positively impacted State and the Senior Court Officers Associa- tion. In addition to his service as a court offi- IN THE HOUSE OF REPRESENTATIVES not only his car dealership, but also his community. The presence of Marine Corps Base cer, Lt. Bacon is an Ocean Beach Police De- Thursday, April 25, 2013 Camp Lejeune in Onslow County causes the partment officer and Lieutenant of Islip Volun- Mr. LATHAM. Mr. Speaker, I rise today to population to fluctuate often, and Mr. Alford teer Fire Department Ladder Company One. congratulate and recognize Doug Armstrong has worked regularly with government officials Lt. Bacon also dedicated 20 years of service for being named a 2013 Hero of the Heartland since 2007 to alleviate the negative con- to the United States Air Force Reserve, rising by the American Red Cross serving Greater sequences of these changes. He also served to the rank of Master Sergeant. Iowa. North Carolina as a member of the Board of Profiles in Courage Award recipient Chris- Each year, the American Red Cross serving Transportation. tine Levinson is the wife of Robert Levinson, Greater Iowa recognizes Heroes of the Heart- Mr. Alford has been a blessing to the resi- retired FBI Supervisory Special agent who land by selecting everyday Iowans who have dents of Eastern North Carolina in many ca- was kidnapped in Iran while there on private done extraordinary things to help their neigh- pacities. His success at Marine Chevrolet investigation business. Since his disappear- bors and communities. The Iowans honored Cadillac has allowed him to become a leader ance on March 9, 2007, Mrs. Levinson has with this prestigious award displayed selfless- in Onslow County, a position in which he has dedicated her time to finding her husband. ness in a variety of courageous, charitable excelled. I am grateful for Mr. Alford’s service She has met with several officials, including and thoughtful acts. The Heroes of the Heart- and pleased to have him recognized by the President Obama, then Secretary of State Hil- land program not only showcases the heroes United States Congress. lary Clinton and FBI Director Robert Mueller to among us, but also helps raise crucial funds to impress upon them the importance of the f case. She also travelled to Iran with one of ensure that the American Red Cross is pre- her sons and met with Iranian officials in an pared and equipped to assist those that need IN RECOGNITION OF THE NA- effort to locate SSA Levinson. Mrs. Levinson food, shelter, and comfort during emergencies TIONAL POLICE DEFENSE FOUN- DATION ANNUAL AWARDS DIN- continues to search tirelessly for her husband. and difficult times. Legislator of the Year recipient Congress- As a Senior Fire Medic for the Des Moines NER HONOREES man BILL PASCRELL, JR. is currently serving Fire Department, Doug Armstrong is dedicated his ninth term as the Representative for New to the welfare of his community on a daily HON. FRANK PALLONE, JR. Jersey’s 9th Congressional District. Mr PAS- basis. In April of last year, while enjoying an OF NEW JERSEY CRELL is a supporter of firefighters and vet- off-duty dinner, Mr. Armstrong noticed an el- IN THE HOUSE OF REPRESENTATIVES erans, authoring the Firefighter Investment derly man choking on a piece of meat. Upon Thursday, April 25, 2013 and Response Enhancement (F.I.R.E.) Act seeing the man in distress, Doug wasted no Mr. PALLONE. Mr. Speaker, I rise today to and fighting for Purple Heart eligibility for vic- time successfully performing the Heimlich ma- tims of traumatic brain injury. He is also an neuver to avert the life-threatening situation. recognize Nicholas Turturro, Jack Garcia, Tyree Bacon, Christine Levinson, the Honor- advocate for police officers, creating the Com- Even while off-duty, his quick thinking and pro- munity Oriented Policing Services (COPS) fessional response left an entire community able BILL PASCRELL, Jr., the Honorable Lenı´n Voltaire Moreno Garce´s, Jose Zhanay and program and has fought to continue the pro- grateful for his actions. Whether on or off the gram. Mr. PASCRELL served honorably in the job, Doug is an example that our state can be Norma Delgado as they are honored by the National Police Defense Foundation. Each of U.S. Army and U.S. Army Reserve. proud of. Humanitarian Award honoree Lenı´n Voltaire these distinguished honorees has made sig- Mr. Speaker, Mr. Armstrong’s actions that Moreno Garce´s has served as the Vice Presi- nificant contributions to the law enforcement earned him the title a ‘‘Hero of the Heartland’’ dent of Ecuador since 2007. As a paraplegic, community. are a testament to the humble, hardworking Vice President Moreno advocates for those Man of the Year honoree Nicholas Turturro and helpful people who make up the great with disabilities. His work on behalf of the dis- has portrayed police officers in a positive light state of Iowa. I invite my colleagues in the abled community has earned him several rec- as an actor. He worked on ‘‘NYPD Blue’’ as House to join me in congratulating Doug on a ognitions, including a nomination for the 2012 Detective James Martinez for seven seasons job well done, thanking the American Red Nobel Peace Prize. Cross serving Greater Iowa for their life and currently plays Sergeant Anthony Renzulli One of two Member of the Year honorees, changing efforts, and wishing all of those in- on ‘‘Blue Bloods.’’ He earned two Emmy nomi- Jose Zhanay is the National Police Defense volved in the Heroes of the Heartland program nations for Outstanding Supporting Actor in a Foundation’s (NPDF) Delegate to Ecuador. He continued success for years to come. Drama Series for his role on ‘‘NYPD Blue.’’ In immigrated to the United States from Ecuador addition to his law enforcement roles on these f when he was 16 years old and worked his television dramas, Mr. Turturro has made ap- way up to opening his own jewelry company IN HONOR OF MICHAEL ALFORD pearances in several movies and other tele- at the age of 21. A member of the NPDF vision shows. since its founding, Mr. Zhanay has worked to HON. WALTER B. JONES Lifetime Achievement Award recipient SSA help Ecuadorian children and U.S. police offi- OF NORTH CAROLINA Jack Garcia (Ret) served with the Federal Bu- cers in need of medical assistance. He also IN THE HOUSE OF REPRESENTATIVES reau of Investigation (FBI) for 26 years. He dedicates his time to various other organiza- served as an undercover FBI Agent for 24 Thursday, April 25, 2013 tions and has received numerous commenda- years, working on over 100 operations against tions for his work. Mr. JONES. Mr. Speaker, I would like to domestic and foreign organized crime groups, Another Member of the Year honoree, C.O. take a moment to honor Michael Alford, who corrupt politicians, corrupt police officers and Norma Delgado (Ret.) served as a Corrections has recently been recognized as this year’s drug dealers. SSA Garcia also helped with Officer for the New York Department of Cor- TIME Automobile Dealer of the Year. National Security Investigations and national rections for 16 years. A native of Peru, Mrs. The TIME Dealer of the Year award is pre- and international terrorism cases. He serves Delgado has worked hard in pursuit of the sented to an individual who displays both pro- as a member of various organizations, includ- American Dream. She worked various jobs fessional excellence and dedication to serving ing the FBI Agents Association, the Society of and attended Bronx Community College in the community. Mr. Alford has exemplified Former Special Agents of the FBI and the pursuit of a nursing degree and became em- both of these characteristics as the president NYPD Honor Legion among many others. ployed at Jacobi Hospital in the Bronx. Her of Marine Chevrolet Cadillac in Jacksonville, Today, SSA Garcia utilizes his vast expertise venture into law enforcement service began North Carolina, where he resides with his wife as a lecturer as well as Managing Director of on the advice of NPDF Director Joseph Alicia and their three children. security firm Pathfinder Consultants Inter- Occhipinti. Mrs. Delgado is the recipient of the Before becoming involved with the auto- national, Inc. National Police Defense Foundation Special mobile industry, Mr. Alford enjoyed a success- Valor Award honoree Lt. Tyree Bacon is a Achievement Award and the New York City ful career in banking. After purchasing Marine New York State Court Officer. During the Sep- Department of Corrections Hispanic Society’s Chevrolet Cadillac from his father-in-law in tember 11, 2001 terrorist attack, Lt. Bacon Roberto Clemente Award. She currently 1997, he successfully applied many of the rescued a woman from Tower Two as it col- serves as the Administrator of the Operation skills he had acquired in banking to his new lapsed and killed 3 of the responders. He has Kids program of the NPDF.

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K25AP8.022 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS April 25, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E557 Mr. Speaker, please join me in congratu- Each year, the American Red Cross serving coordinated the event, it has raised $50,000 lating Nicholas Turturro, SSA Jack Garcia Greater Iowa recognizes Heroes of the Heart- for Children’s Cancer Connection and Make a (Ret.), Lt. Tyree Bacon, Christine Levinson, land by selecting everyday Iowans who have Wish Iowa. Travis also coordinated the event the Honorable BILL PASCRELL, the Honorable done extraordinary things to help their neigh- Transplant for Trae to raise money for his son, Lenı´n Voltaire Moreno Garce´s Jr., Jose bors and communities. The Iowans honored who needed a kidney transplant at only 17 Zhanay and C.O. Norma Delgado (Ret.) on with this prestigious award displayed selfless- months old. Travis was able to raise over their recognition by the National Police De- ness in a variety of courageous, charitable $20,000, and he ultimately donated his own fense Foundation and thanking them for their and thoughtful acts. The Heroes of the Heart- kidney to Trae. Through his examples of true immeasurable contributions to the community. land program not only showcases the heroes selflessness, Mr. Hamilton continues to f among us, but also helps raise crucial funds to change lives and be a leader that our State ensure that the American Red Cross is pre- can be proud of. A TRIBUTE TO TRAVIS HAMILTON pared and equipped to assist those that need food, shelter, and comfort during emergencies Mr. Speaker, Mr. Hamilton’s actions that HON. TOM LATHAM and difficult times. earned him the title a ‘‘Hero of the Heartland’’ OF IOWA To be named a Hero of the Heartland, Trav- are a testament to the humble, hardworking and helpful people who make up the great IN THE HOUSE OF REPRESENTATIVES is Hamilton of Johnston dedicated himself to helping sick children through charity and a State of Iowa. I invite my colleagues in the Thursday, April 25, 2013 touching tale of personal sacrifice. Travis is House to join me in congratulating Travis on Mr. LATHAM. Mr. Speaker, I rise today to the Director of the Guns-N-Hoses Hockey a job well done, thanking the American Red congratulate and recognize Travis Hamilton for event, an annual hockey game pitting Des Cross serving Greater Iowa for their life being named a 2013 Hero of the Heartland by Moines-area police against fire department changing efforts, and wishing all of those in- the American Red Cross serving Greater and EMS employees to raise money for local volved in the Heroes of the Heartland program Iowa. charities. In the two years Mr. Hamilton has continued success for years to come.

VerDate Mar 15 2010 05:48 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.025 E25APPT1 pwalker on DSK7TPTVN1PROD with REMARKS Thursday, April 25, 2013 Daily Digest Senate concerns of, and services available to assist, victims Chamber Action and survivors of crime in the United States. Routine Proceedings, pages S2981–S3061 Page S3060 Measures Introduced: Forty-five bills and fourteen Silver Star Service Banner Day: Senate agreed to resolutions were introduced, as follows: S. 810–854, S. Res. 121, expressing support for the designation S.J. Res. 14, and S. Res. 115–127. Pages S3028–30 of May 1, 2013, as ‘‘Silver Star Service Banner Day’’. Measures Reported: Page S3060 S. 607, to improve the provisions relating to the Cinco de Mayo: Senate agreed to S. Res. 122, rec- privacy of electronic communications, with an ognizing the historic significance of the Mexican amendment. Page S3028 holiday of Cinco de Mayo. Page S3060 Measures Passed: Congratulating the University of Minnesota Honoring the Victims of the Boston Bombings: Women’s Ice Hockey Team: Senate agreed to S. Res. Senate agreed to S. Res. 115, commending the her- 123, congratulating the University of Minnesota oism, courage, and sacrifice of Sean Collier, an officer women’s ice hockey team on winning its second in the Massachusetts Institute of Technology Police straight National Collegiate Athletic Association Department, Martin Richard, an 8-year-old resident Women’s Ice Hockey Championship. Page S3060 of Dorchester, Massachusetts, Krystle Campbell, a native of Medford, Massachusetts, Lu Lingzi, a stu- Authorize Testimony: Senate agreed to S. Res. dent at Boston University, and all the victims who 124, to authorize testimony in writing, documents, are recovering from injuries caused by the attacks in and representation in Whitnum v. Town of Green- Boston, Massachusetts, including Richard Donohue, wich, et al. Page S3060 Jr., an officer in the Massachusetts Bay Transpor- Dia de los Ninos: Celebrating Young Ameri- tation Authority Transit Police Department. cans: Senate agreed to S. Res. 125, designating April Pages S2982–83 30, 2013, as ‘‘Dia de los Ninos: Celebrating Young National Pediatric Brain Cancer Awareness Americans’’. Page S3060 Day: Senate agreed to S. Res. 116, designating Sep- Measures Considered: tember 26, 2013 as ‘‘National Pediatric Brain Cancer Awareness Day’’. Pages S2991–92 Marketplace Fairness Act—Agreement: Senate Federal Aviation Administration: Senate passed continued consideration of S. 743, to restore States’ S. 853, to provide the Secretary of Transportation sovereign rights to enforce State and local sales and with the flexibility to transfer certain funds to pre- use tax laws, taking action on the following amend- vent reduced operations and staffing of the Federal ments proposed thereto: Pages S2985–91, S2992–S3014 Aviation Administration. Page S3059 Pending: Reid (for Enzi) Amendment No. 741, of a per- Parkinson’s Awareness Month: Senate agreed to fecting nature. Page S2985 S. Res. 118, supporting the designation of April as Durbin Amendment No. 745 (to Amendment No. Parkinson’s Awareness Month. Page S3060 741), to change the enactment date. Page S2985 World Malaria Day: Senate agreed to S. Res. During consideration of this measure today, Senate 119, supporting the goals and ideals of World Ma- also took the following action: laria Day. Page S3060 By 63 yeas to 30 nays (Vote No. 111), three-fifths National Crime Victims’ Rights Week: Senate of those Senators duly chosen and sworn, having agreed to S. Res. 120, supporting the mission and voted in the affirmative, Senate agreed to the motion goals of 2013 National Crime Victims’ Rights Week to close further debate on the bill. Page S3013 to increase public awareness of the rights, needs, and D378

VerDate Mar 15 2010 06:03 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP3.REC D25APPT1 pwalker on DSK7TPTVN1PROD with DIGEST April 25, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D379 A unanimous-consent agreement was reached pro- FAA Essential Employees—Agreement: A unani- viding that all post-cloture time be considered ex- mous-consent agreement was reached providing that pired at 5:30 p.m., on Monday, May 6, 2013; Dur- if the Senate receives a bill from the House of Rep- bin Amendment No. 745 (to Amendment No. 741) resentatives and the text of that bill is identical to (listed above), be withdrawn; that no other second- S. 853, to provide the Secretary of Transportation degree amendments be in order; that the Senate vote with the flexibility to transfer certain funds to pre- on or in relation to Reid (for Enzi) Amendment No. vent reduced operations and staffing of the Federal 741 (listed above); that upon disposition of the Aviation Administration, that the bill then be con- amendment, Senate vote on passage of the bill, as sidered read three times and passed. Page S3060 amended, if amended; and that the filing deadline Authorizing Leadership To Make Appoint- for second-degree amendments be 4 p.m., on Mon- ments—Agreement: A unanimous-consent agree- day, May 6, 2013. Page S3013 ment was reached providing that, notwithstanding A unanimous-consent agreement was reached the upcoming recess or adjournment of the Senate, proving that at 5:30 p.m., on Monday, May 6, 2013, the President of the Senate, the President Pro Tem- Senate resume consideration of the bill. Page S3060 pore and the Majority and Minority Leaders be authorized to make appointments to commissions, Water Resources Development Act—Cloture: committees, boards, conferences, or interparliamen- Senate began consideration of the motion to proceed tary conferences authorized by law, by concurrent ac- to consideration of S. 601, to provide for the con- tion of the two Houses, or by order of the Senate. servation and development of water and related re- Page S3060 sources, to authorize the Secretary of the Army to construct various projects for improvements to rivers Pro Forma Sessions—Agreement: A unanimous- consent agreement was reached providing that when and harbors of the United States. Page S3020 A motion was entered to close further debate on the Senate completes its business today, it adjourn, and convene for pro forma sessions only with no the motion to proceed to consideration of the bill, business conducted on the following dates and times, and, in accordance with the provisions of Rule XXII and that following each pro forma session, the Senate of the Standing Rules of the Senate, and pursuant to adjourn until the next pro forma session: Friday, the unanimous-consent agreement of Thursday, April April 26, 2013 at 11:30 a.m.; Tuesday, April 30, 25, 2013, a vote on cloture will occur on Monday, 2013 at 10 a.m.; and Friday, May 3, 2013 at 2 May 6, 2013, upon disposition of S. 743, to restore p.m.; and that the Senate adjourn on Friday, May 3, States’ sovereign rights to enforce State and local 2013 until 2 p.m. on Monday, May 6, 2013. sales and use tax laws. Page S3020 Pages S3060–61 Appointments: Medine Nomination—Agreement: A unanimous- Advisory Committee on the Records of Congress: consent-time agreement was reached providing that The Chair announced, on behalf of the Majority at a time to be determined by the Majority Leader, Leader, pursuant to Public Law 101–509, the rein consultation with the Republican Leader, Senate appointment of Steve Zink, of Nevada, to the Advi- begin consideration of the nomination of David sory Committee on the Records of Congress. Medine, of Maryland, to be Chairman and Member Page S3060 of the Privacy and Civil Liberties Oversight Board, that there be one hour for debate equally divided in Congressional Advisory Panel on the Governance the usual form; that upon the use or yielding back of the Nuclear Security Enterprise: The Chair an- of time, Senate vote without intervening action or nounced, on behalf of the Republican Leader, pursu- debate on confirmation of the nomination; and that ant to the provisions of Section 3166 of Public Law no further motions be in order to the nomination. 112–239, the appointment of the following indi- Page S3058 vidual to be a member of the Congressional Advisory Panel on the Governance of the Nuclear Security En- Nominations Confirmed: Senate confirmed the following nominations: terprise: Michael R. Anastasio of New Mexico. Christopher J. Meade, of New York, to be General Page S3060 Counsel for the Department of the Treasury. Health Information Technology Policy Com- William B. Schultz, of the District of Columbia, mittee: The Chair, on behalf of the Republican to be General Counsel of the Department of Health Leader, pursuant to Public Law 111–5, appointed and Human Services. the following individual to the Health Information Jenny R. Yang, of the District of Columbia, to be Technology Policy Committee: Dr. Scott Gottlieb of a Member of the Equal Employment Opportunity Connecticut. Page S3060 Commission for a term expiring July 1, 2017.

VerDate Mar 15 2010 06:03 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP3.REC D25APPT1 pwalker on DSK7TPTVN1PROD with DIGEST D380 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2013 Karol Virginia Mason, of Georgia, to be an Assist- DEFENSE AUTHORIZATION REQUEST AND ant Attorney General. Pages S3058, S3061 FUTURE YEARS DEFENSE PROGRAM Nominations Received: Senate received the fol- Committee on Armed Services: Committee concluded a lowing nominations: hearing to examine the Department of the Navy in Brent Franklin Nelsen, of South Carolina, to be a review of the Defense Authorization Request for fis- Member of the Board of Directors of the Corporation cal year 2014 and the Future Years Defense Pro- for Public Broadcasting for a term expiring January gram, after receiving testimony from Ray Mabus, 31, 2016. Secretary, Admiral Jonathan Greenert, Chief of William S. Jasien, of Virginia, to be a Member of Naval Operations, and General James F. Amos, the Federal Retirement Thrift Investment Board for Commandant of the Marine Corps, all of the Depart- a term expiring October 11, 2015. ment of the Navy, Department of Defense. Nanci E. Langley, of Hawaii, to be a Commis- sioner of the Postal Regulatory Commission for a ENERGY AND WATER MANAGEMENT term expiring November 22, 2018. Committee on Energy and Natural Resources: Committee Howard A. Shelanski, of Pennsylvania, to be Ad- concluded a hearing to examine drought and the ef- ministrator of the Office of Information and Regu- fect on energy and water management decisions, latory Affairs, Office of Management and Budget. 1Navy nomination in the rank of admiral. after receiving testimony from Michael L. Connor, Commissioner, Bureau of Reclamation, Department Page S3061 of the Interior; Roger S. Pulwarty, Director, Na- Messages from the House: Page S3026 tional Integrated Drought Information System, Na- Measures Placed on the Calendar: Page S3026 tional Oceanic and Atmospheric Administration, De- partment of Commerce; Nicole T. Carter, Specialist Executive Communications: Pages S3026–28 in Natural Resources Policy, Congressional Research Additional Cosponsors: Pages S3030–31 Service, Library of Congress; Patricia Mulroy, South- Statements on Introduced Bills/Resolutions: ern Nevada Water Authority, Las Vegas; and Mi- Pages S3031–50 chael E. Webber, University of Texas at Austin En- ergy Institute. Additional Statements: Pages S3022–26 Amendments Submitted: Pages S3050–58 PUBLIC LANDS BILLS Notices of Hearings/Meetings: Page S3058 Committee on Energy and Natural Resources: Sub- Authorities for Committees to Meet: Page S3058 committee on Public Lands, Forests, and Mining concluded a hearing to examine S. 27, to clarify au- Privileges of the Floor: Page S3058 thority granted under the Act entitled ‘‘An Act to Record Votes: One record vote was taken today. define the exterior boundary of the Uintah and (Total—111) Page S3013 Ouray Indian Reservation in the State of Utah’’, S. Adjournment: Senate convened at 9:30 a.m. and 28, to provide for the conveyance of a small parcel adjourned at 8:41 p.m., until 11:30 a.m. on Friday, of National Forest System land in the Uinta- April 26, 2013. (For Senate’s program, see the re- Wasatch-Cache National Forest in Utah to Brigham marks of the Majority Leader in today’s Record on Young University, S. 159, to designate the Wovoka page S3061.) Wilderness and provide for certain land conveyances in Lyon County, Nevada, S. 241, to establish the Committee Meetings Rio Grande del Norte National Conservation Area in the State of New Mexico, S. 255, to withdraw cer- (Committees not listed did not meet) tain Federal land and interests in that land from location, entry, and patent under the mining laws and APPROPRIATIONS: NASA disposition under the mineral and geothermal leasing Committee on Appropriations: Subcommittee on Com- laws, S. 256, to amend Public Law 93–435 with re- merce, Justice, Science, and Related Agencies con- spect to the Northern Mariana Islands, providing cluded a hearing to examine proposed budget esti- parity with Guam, the Virgin Islands, and American mates for fiscal year 2014 for the National Aero- Samoa, S. 258, to amend the Federal Land Policy nautics and Space Administration, after receiving and Management Act of 1976 to improve the man- testimony from Charles F. Bolden, Jr., Adminis- agement of grazing leases and permits, S. 312, to ad- trator, and Paul K. Martin, Inspector General, both just the boundary of the Carson National Forest, of the National Aeronautics and Space Administra- New Mexico, S. 327, to authorize the Secretary of tion. Agriculture and the Secretary of the Interior to enter

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into cooperative agreements with State foresters au- tem land in the State of Alaska, and S. 757, to pro- thorizing State foresters to provide certain forest, vide for the implementation of the multispecies rangeland, and watershed restoration and protection habitat conservation plan for the Virgin River, Ne- services, S. 340, to provide for the settlement of cer- vada, and Lincoln County, Nevada, to extend the au- tain claims under the Alaska Native Claims Settle- thority to purchase certain parcels of public land, ment Act, S. 341, to designate certain lands in San after receiving testimony from Senators Reid and Miguel, Ouray, and San Juan Counties, Colorado, as Baucus; James M. Pena, Associate Deputy Chief, Na- wilderness, S. 342, to designate the Pine Forest tional Forest System, Forest Service, Department of Range Wilderness area in Humboldt County, Ne- Agriculture; Jamie Connell, Acting Deputy Director, vada, S. 353, to designate certain land in the State Bureau of Land Management, Department of the In- of Oregon as wilderness, to make additional wild terior. and scenic river designations in the State of Oregon, REBALANCE TO ASIA II S. 360, to amend the Public Lands Corps Act of 1993 to expand the authorization of the Secretaries Committee on Foreign Relations: Subcommittee on East of Agriculture, Commerce, and the Interior to pro- Asian and Pacific Affairs concluded a hearing to ex- vide service opportunities for young Americans; help amine rebalance to Asia II, focusing on security, de- restore the nation’s natural, cultural, historic, archae- fense, cooperation, and challenges, after receiving ological, recreational and scenic resources; train a testimony from Joseph Y. Yun, Acting Assistant new generation of public land managers and enthu- Secretary of State, Bureau of East Asian and Pacific siasts; and promote the value of public service, S. Affairs; David Helvey, Deputy Assistant Secretary of Defense for East Asia, Asian and Pacific Security Af- 366, to amend the Omnibus Budget Reconciliation fairs; and Janine Davidson, Center for a New Amer- Act of 1993 to require the Bureau of Land Manage- ican Security, and Michael J. Green, Georgetown ment to provide a claimant of a small miner waiver University Center for Strategic and International from claim maintenance fees with a period of 60 Studies, both of Washington, D.C. days after written receipt of 1 or more defects is provided to the claimant by registered mail to cure the BUSINESS MEETING 1 or more defects or pay the claim maintenance fee, Committee on the Judiciary: Committee ordered favor- S. 368, to reauthorize the Federal Land Transaction ably reported S. 607, to improve the provisions re- Facilitation Act, S. 447, to provide for the convey- lating to the privacy of electronic communications, ance of certain cemeteries that are located on Na- with amendments. tional Forest System land in Black Hills National Forest, South Dakota, S. 609, to authorize the Sec- INTELLIGENCE retary of the Interior to convey certain Federal land Select Committee on Intelligence: Committee held closed in San Juan County, New Mexico, S. 736, to estab- hearings on intelligence matters, receiving testimony lish a maximum amount for special use permit fees from officials of the intelligence community. applicable to certain cabins on National Forest Sys- Committee recessed subject to the call. h House of Representatives Recess: The House recessed at 11:04 a.m. and re- Chamber Action convened at 12 noon. Page H2310 Public Bills and Resolutions Introduced: 43 pub- HIT Policy Committee—Appointment: The Chair lic bills, H.R. 1721–1763; and 5 resolutions, H. announced the Speaker’s appointment of the fol- Res. 180–184, were introduced. Pages H2349–51 lowing individual on the part of the House to the Additional Cosponsors: Pages H2353–54 HIT Policy Committee: Mrs. Gayle Harrell of Stu- Reports Filed: There were no reports filed today. art, FL. Page H2322 Speaker: Read a letter from the Speaker wherein he Meeting Hour: Agreed that when the House ad- appointed Representative Collins (GA) to act as journs today, it adjourn to meet at 10 a.m. tomor- Speaker pro tempore for today. Page H2301 row. Page H2322

VerDate Mar 15 2010 06:03 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP3.REC D25APPT1 pwalker on DSK7TPTVN1PROD with DIGEST D382 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2013 Responsible Helium Administration and Stew- was heard from Jack Lew, Secretary, Department of ardship Act: The House began consideration of Treasury. H.R. 527, to amend the Helium Act to complete the privatization of the Federal helium reserve in a APPROPRIATIONS—DEPARTMENT OF competitive market fashion that ensures stability in HEALTH AND HUMAN SERVICES the helium markets while protecting the interests of Committee on Appropriations: Subcommittee on Labor, American taxpayers. Consideration is expected to re- Health and Human Services, and Education held a sume tomorrow. Pages H2323–27 hearing on the Department of Health and Human H. Res. 178, the rule providing for consideration Services Budget. Testimony was heard from Kathleen of the bill, was agreed to by a yea-and-nay vote of Sebelius, Secretary, Department of Health and 231 yeas to 177 nays, Roll No. 124. Pages H2315–22 Human Services. Agreed to the Bishop (UT) amendment to the rule by voice vote, after the previous question was APPROPRIATIONS—FEDERAL RAILROAD ordered without objection. Page H2322 ADMINISTRATION BUDGET Senate Message: Message received from the Senate Committee on Appropriations: Subcommittee on Trans- by the Clerk and subsequently presented to the portation, Housing and Urban Development held a House today appears on page H2315. hearing on the Federal Railroad Administration Quorum Calls—Votes: One yea-and-nay vote de- Budget. Testimony was heard from Joseph Szabo, veloped during the proceedings of today and appears Administrator, Federal Railroad Administration. on page H2322. There were no quorum calls. Adjournment: The House met at 10 a.m. and ad- DEFENSE AUTHORIZATION BUDGET journed at 5:47 p.m. REQUEST—DEPARTMENT OF THE ARMY Committee on Armed Services: Full Committee held a Committee Meetings hearing entitled ‘‘Fiscal Year 2014 National Defense Authorization Budget Request from the Department APPROPRIATIONS—PUBLIC WITNESS DAY of the Army’’. Testimony was heard from John Committee on Appropriations: Subcommittee on Inte- McHugh, Secretary of the Army; and General Ray- rior, Environment, and Related Agencies held a mond T. Odierno, Chief of Staff, United States hearing on American Indian and Alaska Native Army. issues. Testimony was heard from public witnesses. TRANSITIONING TO AFGHAN SECURITY APPROPRIATIONS—USDA FARM AND LEAD: PROTECTING AFGHAN WOMEN FOREIGN AGRICULTURAL SERVICES Committee on Armed Services: Subcommittee on Over- Committee on Appropriations: Subcommittee on Agri- sight and Investigations held a hearing entitled culture, Rural Development, FDA, and Related ‘‘Transitioning to Afghan Security Lead: Protecting Agencies held a hearing on USDA Farm and Foreign Afghan Women?’’. Testimony was heard from David Agricultural Services. Testimony was heard from the Sedney, Deputy Assistant Secretary of Defense for following Department of Agriculture officials: Mi- Afghan Policy; Office of the Secretary of Defense; chael Scuse, Under Secretary, Farm and Foreign Ag- and Major General Michael Shields, USA, Director riculture Services; Juan Garcia, Administrator, Farm of the Pakistan-Afghanistan Coordination Cell, Joint Service Agency; Suzanne Heinen, Foreign Agri- Chiefs of Staff, Office of the Secretary of Defense. culture Service; Brandon Willis, Administrator, Risk Management Agency; and Michael Young, Budget NATIONAL DEFENSE AUTHORIZATION— Officer. NATIONAL SECURITY SPACE ACTIVITIES APPROPRIATIONS—AFRICOM Committee on Armed Services: Subcommittee on Stra- Committee on Appropriations: Subcommittee on Defense tegic Forces held a hearing entitled ‘‘Fiscal Year held a hearing on AFRICOM. This was a closed 2014 National Defense Authorization Budget Re- hearing. quest for National Security Space Activities’’. Testi- mony was heard from Gil Klinger, Deputy Assistant APPROPRIATIONS—DEPARTMENT OF Secretary of Defense, Space and Intelligence Office; TREASURY BUDGET Doug Loverro, Deputy Assistant Secretary of De- Committee on Appropriations: Subcommittee on Finan- fense, Space Policy; Betty Sapp, Director, National cial Services and General Government held a hearing Reconnaissance Office; and General William Shelton, on the Department of Treasury Budget. Testimony USAF, Commander, USAF Space Command.

VerDate Mar 15 2010 06:03 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP3.REC D25APPT1 pwalker on DSK7TPTVN1PROD with DIGEST April 25, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D383 SECURING OUR NATION’S PRESCRIPTION STRIKING THE RIGHT BALANCE: DRUG SUPPLY CHAIN PROTECTING OUR NATION’S CRITICAL Committee on Energy and Commerce: Subcommittee on INFRASTRUCTURE FROM CYBER ATTACK Health held a hearing entitled ‘‘Securing Our Na- AND ENSURING PRIVACY AND CIVIL tion’s Prescription Drug Supply Chain’’. Testimony LIBERTIES was heard from Janet Woodcock, M.D., Director, Committee on Homeland Security: Subcommittee on Cy- Center for Drug Evaluation and Research, Food and bersecurity, Infrastructure Protection, and Security Drug Administration; and public witnesses. Technologies held a hearing entitled ‘‘Striking the Right Balance: Protecting Our Nation’s Critical In- LIFELINE FUND: MONEY WELL SPENT frastructure from Cyber Attack and Ensuring Privacy Committee on Energy and Commerce: Subcommittee on and Civil Liberties’’. Testimony was heard from pub- Communications and Technology held a hearing en- lic witnesses. titled ‘‘The Lifeline Fund: Money Well Spent?’’. Tes- timony was heard from public witnesses. ELECTRONIC COMMUNICATIONS PRIVACY ACT (ECPA), PART 2: GEOLOCATION U.S. FOREIGN ASSISTANCE PRIORITIES PRIVACY AND SURVEILLANCE AND STRATEGY Committee on the Judiciary: Subcommittee on Crime, Committee on Foreign Affairs: Full Committee held a Terrorism, Homeland Security and Investigations hearing entitled ‘‘The FY 2014 Budget Request: held a hearing entitled ‘‘The Electronic Communica- U.S. Foreign Assistance Priorities and Strategy’’. Tes- tions Privacy Act, Part 2: Geolocation Privacy and timony was heard from Rajiv Shah, Administrator, Surveillance’’. Testimony was heard from public wit- U.S. Agency for International Development; and a nesses. public witness. LEGISLATIVE MEASURE MISCELLANEOUS MEASURE Committee on the Judiciary: Subcommittee on Constitu- Committee on Foreign affairs: Subcommittee on Asia tion and Civil Justice held a hearing on H.J. Res. and the Pacific held a markup on H.R. 419, the 40, the Victims’ Rights Amendment. Testimony was ‘‘Taiwan Policy Act of 2013’’. The bill was for- heard from William G. Montgomery, Maricopa warded, as amended. County Attorney; John Gillis, Maricopa County At- torney’s Office, Victim Services Division; and public NATURAL GAS EXPORTS: ECONOMIC AND witnesses. GEOPOLITICAL OPPORTUNITIES Committee on Foreign Affairs: Subcommittee on Ter- EXAMINATION OF THE JUDICIAL rorism, Nonproliferation, and Trade held a hearing CONDUCT AND DISABILITY SYSTEM entitled ‘‘Natural Gas Exports: Economic and Geo- Committee on the Judiciary: Subcommittee on Courts, political Opportunities’’. Testimony was heard from Intellectual Property and the Internet held a hearing public witnesses. entitled ‘‘An Examination of the Judicial Conduct and Disability System’’. Testimony was heard from COUNTERTERRORISM EFFORTS TO Anthony J. Scirica, Senior Judge, United States COMBAT A CHEMICAL, BIOLOGICAL, Court of Appeals for the Third Circuit; David B. RADIOLOGICAL, AND NUCLEAR ATTACK Sentelle, Senior Judge, United States Court of Ap- ON THE HOMELAND peals for the District of Columbia Circuit; and pub- Committee on Homeland Security: Subcommittee on lic witnesses. Counterterrorism and Intelligence held a hearing entitled ‘‘Counterterrorism Efforts to Combat a Chem- FEDERAL IMPEDIMENTS TO WATER ical, Biological, Radiological, and Nuclear Attack on RIGHTS, JOB CREATION AND the Homeland’’. Testimony was heard from Richard RECREATION: A LOCAL PERSPECTIVE Daddario, Deputy Commissioner, New York City Committee on Natural Resources: Subcommittee on Police Department; Huban Gowadia, Acting Direc- Water and Power held a hearing entitled ‘‘Federal tor, Domestic Nuclear Detection Office, Department Impediments to Water Rights, Job Creation and of Homeland Security; and Scott McAllister, Deputy Recreation: A Local Perspective’’. Testimony was Under Secretary, State and Local Program Officer, heard from Russell Boardman, Chairman, Shoshone Office of Intelligence and Analysis, Department of Conservation District, Frannie, Wyoming; and pub- Homeland Security. lic witnesses.

VerDate Mar 15 2010 06:03 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP3.REC D25APPT1 pwalker on DSK7TPTVN1PROD with DIGEST D384 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2013 LEGISLATIVE MEASURES POLICY RELEVANT CLIMATE ISSUES IN Committee on Natural Resources: Subcommittee on CONTEXT Fisheries, Wildlife, Oceans, and Insular Affairs held Committee on Science, Space, and Technology: Sub- a hearing on H.R. 638, the ‘‘National Wildlife Ref- committee on Environment held a hearing entitled uge Review Act of 2013’’; H.R. 1300, to amend the ‘‘Policy Relevant Climate Issues in Context’’. Testi- Fish and Wildlife Act of 1956 to reauthorize the mony was heard from public witnesses. volunteer programs and community partnerships for the benefit of national wildlife refuges, and for other SMALL BUSINESS STEM WORKFORCE purposes; and H.R. 1384, the ‘‘Wildlife Refuge Sys- SHORTAGE AND IMMIGRATION REFORM tem Conservation Semipostal Stamp Act of 2013’’. Committee on Small Business: Subcommittee on Con- Testimony was heard from Representative Dingell; tracting and Workforce held a hearing entitled Jim Kurth, Chief, National Wildlife Refuge System, ‘‘Help Wanted: The Small Business STEM Work- Fish and Wildlife Service; and public witnesses. force Shortage and Immigration Reform’’. Testimony was heard from public witnesses. LEGISLATIVE MEASURE; AND U.S.-MEXICO TRANSBOUNDARY HYDROCARBON IMPLEMENTING MAP–21 AGREEMENT Committee on Transportation and Infrastructure: Sub- Committee on Natural Resources: Subcommittee on En- committee on Highways and Transit held a hearing ergy and Mineral Resources held a hearing on H.R. entitled ‘‘Implementing MAP–21: The State and 1613, the ‘‘Outer Continental Shelf Transboundary Local Perspective’’. Testimony was heard from public Hydrocarbon Agreements Authorization Act’’; and witnesses. legislation regarding the U.S.-Mexico Transboundary MISCELLANEOUS MEASURES Hydrocarbon Agreement and Steps Needed for Im- plementation. Testimony was heard from Tommy Committee on Veterans’ Affairs: Subcommittee on Eco- Beaudreau, Acting Assistant Secretary for Land and nomic Opportunity held a markup of the following Minerals Management, Department of Interior; Car- legislation: H.R. 357, the ‘‘GI Bill Tuition Fairness los Pascual, Special Envoy and Coordinator for Inter- Act of 2013’’; H.R. 562, the ‘‘VRAP Extension Act national Energy Affairs, Department of State; and of 2013’’; H.R. 631, the ‘‘Servicemembers’ Choice in public witnesses. Transition Act of 2013’’; H.R. 844, the ‘‘VetSuccess Enhancement Act’’; H.R. 1305, to amend title 38, OVERSIGHT OF THE FEDERAL United States Code, to provide clarification regard- GOVERNMENT’S PROCUREMENT OF ing eligibility for services under the Homeless Vet- AMMUNITION erans Reintegration Program; H.R. 1316, to amend title 38, United States Code, to specify the respon- Committee on Oversight and Government Reform: Sub- sibilities of the Directors and Assistant Directors of committee on National Security held a hearing enti- Veterans’ Employment and Training; H.R. 1402, the tled ‘‘Oversight of the Federal Government’s Pro- ‘‘Veterans Paralympic Act of 2013’’; H.R. 1412, the curement of Ammunition’’. Testimony was heard ‘‘Improving Job Opportunities for Veterans Act of from Nick Nayak, Chief Procurement Officer, De- 2013’’; and H.R. 1453, the ‘‘Work-Study for Stu- partment of Homeland Security; Humberto Medina, dent Veterans’’. The following bills were forwarded, Assistant Director, National Firearms and Tactical as amended: H.R. 357; H.R. 631; and H.R. 1316. Training Unit, Immigration and Customs Enforce- The following bills were forwarded, without amendment, Department of Homeland Security, Patrick P. ment: H.R. 562; H.R. 844; H.R. 1305; H.R. 1402; O’Carroll, Jr., Inspector General, Office of the In- H.R. 1412; and H.R. 1453. spector General Social Security Administration; and a public witness. MISCELLANEOUS MEASURES Committee on Veterans’ Affairs: Subcommittee on Dis- EXAMINING THE LACK OF ability Assistance and Memorial Affairs held a mark- TRANSPARENCY AND CONSUMER DRIVEN up of the following legislation: H.R. 569, the ‘‘Vet- MARKET FORCES IN U.S. HEALTH CARE erans’ Compensation Cost-of-Living Adjustment Act Committee on Oversight and Government Reform: Sub- of 2013’’; H.R. 570, the ‘‘American Heroes COLA committee on Energy Policy, Health Care and Enti- Act’’; H.R. 671, the ‘‘Ruth Moore Act of 2013’’; tlements held a hearing entitled ‘‘Examining the H.R. 894, to amend title 38, United States Code, to Lack of Transparency and Consumer Driven Market improve the supervision of fiduciaries of veterans Forces in U.S. Health Care’’. Testimony was heard under the laws administered by the Secretary of Vet- from public witnesses. erans Affairs; and H.R. 1405, to amend title 38,

VerDate Mar 15 2010 06:03 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP3.REC D25APPT1 pwalker on DSK7TPTVN1PROD with DIGEST April 25, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D385 United States Code, to require the Secretary of Vet- Subcommittee on Agriculture, Rural Development, erans Affairs to include an appeals form in any no- FDA and Related Agencies, hearing on the Food and tice of decision issued for the denial of a benefit Drug Administration Budget, 10:30 a.m., 2362–A Ray- sought. The following bills were forwarded, as burn. amended: H.R. 671; and H.R. 1405. The following Committee on Armed Services, Subcommittee on Readi- ness, hearing entitled ‘‘The Readiness Posture of the U.S. bills were forwarded, without amendment: H.R. Navy and the U.S. Marine Corps’’, 8 a.m., 2118 Ray- 569; H.R. 570; and H.R. 894. burn. TAX REFORM AND RESIDENTIAL REAL Subcommittee on Tactical Air and Land Forces, hear- ESTATE ing entitled ‘‘Fiscal Year 2014 Army Modernization Pro- grams’’, 10:30 a.m., 2118 Rayburn. Committee on Ways and Means: Full Committee held Committee on Energy and Commerce, Subcommittee on a hearing entitled ‘‘Tax Reform and Residential Real Oversight and Investigations, hearing entitled ‘‘Does Estate’’. Testimony was heard from Jane Gravelle, HIPAA Help or Hinder Patient Care and Public Safety?’’, Senior Specialist in Economic Policy, Congressional 9 a.m., 2123 Rayburn. Research Service. Committee on Foreign Affairs, Subcommittee on Europe, Eurasia, and Emerging Threats; and Subcommittee on INTERNAL REVENUE SERVICE Terrorism, Nonproliferation, and Trade, hearing entitled OPERATIONS AND THE 2013 TAX RETURN ‘‘Islamist Extremism in Chechnya: A Threat to the U.S. FILING SEASON Homeland?’’, 10:30 a.m., 2172 Rayburn. Committee on Ways and Means: Committee on Homeland Security, Subcommittee on Over- Subcommittee on sight and Management Efficiency, hearing entitled ‘‘Cut- Oversight held a hearing entitled ‘‘Internal Revenue ting DHS Duplication and Wasteful Spending: Imple- Service Operations and the 2013 Tax Return Filing menting Private Sector Best Practices and Watchdog Rec- Season’’. Testimony was heard from Steven Miller, ommendations’’, 9 a.m., 311 Cannon. Acting Commissioner, Internal Revenue Service. Committee on Natural Resources, Subcommittee on Public Lands and Environmental Regulation, hearing on H.R. ONGOING INTELLIGENCE ACTIVITIES 1169, ‘‘Naval Air Station Fallon Housing and Safety De- House Permanent Select Committee on Intelligence: Full velopment Act’’; H.R. 1299, the ‘‘White Sands Missile Committee held a hearing entitled ‘‘Ongoing Intel- Range Security Enhancement Act’’; H.R. 1574, to amend ligence Activities’’. This was a closed hearing. the Dayton Aviation Heritage Preservation Act of 1992 to rename the site a park; H.R. 1673, the ‘‘Naval Air Weapons Station China Lake Security Enhancement Act’’; Joint Meetings H.R. 1676, the ‘‘Johnson Valley National Off-Highway No joint committee meetings were held. Vehicle Recreation Area Establishment Act’’; H.R. 1672, the ‘‘Limestone Hills Training Area Withdrawal Act’’; f and H.R. 1691, the ‘‘Chocolate Mountain Aerial Gunnery COMMITTEE MEETINGS FOR FRIDAY, Range Security Enhancement Act’’, 10 a.m., 1334 Long- APRIL 26, 2013 worth. Subcommittee on Indian and Alaska Native Affairs, (Committee meetings are open unless otherwise indicated) hearing on H.R. 1548, the ‘‘Native American Energy Senate Act’’, 11 a.m., 1324 Longworth. Committee on Science, Space, and Technology, Subcommittee No meetings/hearings scheduled. on Energy; and Subcommittee on Environment, hearing entitled ‘‘A Review of Federal Hydraulic Fracturing Re- House search Activities’’, 9:30 a.m., 2318 Rayburn. Committee on Appropriations, Subcommittee on Interior, Committee on Ways and Means, Subcommittee on Social Environment, and Related Agencies, hearing on the Security, hearing entitled ‘‘Challenges Facing the Next United States Forest Service Budget, 9:30 a.m., B–308 Commissioner of Social Security’’, 9:30 a.m., B–318 Ray- Rayburn. burn.

VerDate Mar 15 2010 06:03 Apr 26, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP3.REC D25APPT1 pwalker on DSK7TPTVN1PROD with DIGEST D386 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2013

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11:30 a.m., Friday, April 26 10 a.m., Friday, April 26

Senate Chamber House Chamber Program for Friday: Senate will meet in pro forma ses- Program for Friday: Complete consideration of H.R. sion. 527—Responsible Helium Administration and Steward- ship Act.

Extensions of Remarks, as inserted in this issue

HOUSE Fitzpatrick, Michael G., Pa., E551, E552 Meehan, Patrick, Pa., E547 Frelinghuysen, Rodney P., N.J., E549 Pallone, Frank, Jr., N.J., E547, E556 Alexander, Rodney, La.,E544 Gingrey, Phil, Ga., E547, E548, E549 Posey, Bill, Fla., E554 Bachus, Spencer, Ala., E545 Goodlatte, Bob, Va., E554 Rogers, Mike, Ala., E553 Bishop, Rob, Utah, E543 Graves, Sam, Mo., E550, E551 Roybal-Allard, Lucille, Calif., E553, E555 Blackburn, Marsha, Tenn., E548 Honda, Michael M., Calif., E545 Bordallo, Madeleine Z., Guam, E552 Jackson Lee, Sheila, Tex., E544, E546 Sarbanes, John P., Md., E544 Coffman, Mike, Colo., E555 Jones, Walter B., N.C., E547, E556 Slaughter, Louise McIntosh, N.Y., E548 Courtney, Joe, Conn., E555 Jordan, Jim, Ohio, E546, E547 Smith, Adrian, Nebr., E550 Dent, Charles W., Pa., E545 Latham, Tom, Iowa, E543, E553, E554, E555, E556, E557 Stivers, Steve, Ohio, E551 Duncan, John J., Tenn., E550 Lee, Barbara, Calif., E548 Van Hollen, Chris, Md., E543 Engel, Eliot L., N.Y., E545 Loebsack, David, Iowa, E553 Wolf, Frank R., Va., E551 Faleomavaega, Eni F.H., American Samoa, E552 Maloney, Carolyn B., N.Y., E551

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