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

Vol. 159 WASHINGTON, WEDNESDAY, APRIL 24, 2013 No. 57 House of Representatives The House met at 10 a.m. and was And there is the entry-exit system to Kuhreteh meg tareh eever, toorkia called to order by the Speaker pro tem- deter those who overstay their visas— goorana tsaghasbanootyooneh. pore (Mr. RODNEY DAVIS of Illinois). about 40 percent of all illegal immi- Toorkiah goozeh, vor ashkharuh morna f grants. But it only applies to airports ays maseen. and seaports, not land checkpoints Tsezi guh khoseem lezvovuh anonts, DESIGNATION OF SPEAKER PRO where most of the crossings occur. voronk ayleves chegan. Anonk mezmeh TEMPORE Again, there are no deadlines. guh khentren heeshell zeerenk. Anonts The SPEAKER pro tempore laid be- So it’s amnesty for millions in 6 tsaynereh dagaveen guh lesveen. fore the House the following commu- months and border security later, if Yes ays nahadagneren voyeveh nication from the Speaker: ever. megoon hednortuh chem, sagayn tsezi WASHINGTON, DC, f guh khoseem irents keghetseeg lezvov, April 24, 2013. vorovhedev aysor, polores hai enk! IN MEMORY OF THOSE LOST IN I hereby appoint the Honorable RODNEY L. Tsezi guh khoseem ays vayren, THE ARMENIAN GENOCIDE DAVIS to act as Speaker pro tempore on this Nerguyatsutsichneroo Don ambiyonen day. The SPEAKER pro tempore. The vorovhedev Amerigatsi joghovurteh JOHN A. BOEHNER, Chair recognizes the gentleman from Speaker of the House of Representatives. meeshd jagaden yez kachootyamp California (Mr. SCHIFF) for 5 minutes. nayadz eh polor sarsapneroon oo f Mr. SCHIFF. Mr. Speaker, I would zanonk gochadz eh irents poon MORNING-HOUR DEBATE like to say the following in Armenian anoonov. to my Armenian friends: The SPEAKER pro tempore. Pursu- Guh sbasem ayn orvan, yerp ir Sireli hai paragamneres, hos yev ant to the order of the House of Janu- ghegavarnereh yeves nooynuh beedee ashkharee chors goghmereh. Aysor, ary 3, 2013, the Chair will now recog- unnen. Vorovhedev yes vuhsdah em, Haiots Tseghasbahnootian inisoonoot nize Members from lists submitted by vor ayt oruh beedee kah. Guh sbasem erort darelitseen oreh, khoskes the majority and minority leaders for vor chooshanah, vorbesi googhem tsezi Neriguyatsusichneroo morning-hour debate. verabroghneruh luhsen anor tsentseech Don ambiyonen, tser medzhaireh loon The Chair will alternate recognition tsignuh. lezvov. Asdvadz mer tsignuh luhseh. between the parties, with each party Lezoo muh vorov anonk (English translation of the above limited to 1 hour and each Member gardahaideyeen irents hooysereh, statement is as follows:) other than the majority and minority gyankeh, yeraznereh, yev sereh hazar To my Armenian friends: Today, on the 98th leaders and the minority whip limited inuh hairoor dasnuhinkee naxortogh anniversary of the genocide day, I speak to to 5 minutes each, but in no event shall darineroon. debate continue beyond 11:50 a.m. Osmanyan Guysrutian daradzkin, you in the language of your grandparents and f dasnyag hazaravorner chartehvetsan. your great grandparents—the language they used to speak of their hopes, their dreams, BORDER NEVER SECURED Tsezi guh khoseem lezvovuh ayn yerexaneroon voronk aganadess yeghan their loves in the years before 1915. The SPEAKER pro tempore. The irents hayreru spanootyan. By the time it was over in 1923, more than Chair recognizes the gentleman from Hazaravor geener pernaparvetsan. 1.5 million Armenians—men, women and chil- Texas (Mr. SMITH) for 5 minutes. Tsezi guh khoseem lezvovuh anonts dren—were dead. It was the first genocide of Mr. SMITH of Texas. Mr. Speaker, toosdreroon, voronk koot gugherseyeen the 20th Century. the Senate immigration bill never se- toork vosdiganneren. I speak to you in the language of the moth- cures the border. It plans to mostly se- Tsezi guh khoseem lezvovuh ayn ers who died with their babies in their arms. cure the ‘‘high-risk sectors,’’ which are yerekhaneroon, voronk gateel muh Throughout the Ottoman Empire, tens of less than half the border. And there is choor gugherseyeen. thousands were killed outright. Others were no guarantee that this will happen Tsezi guh khoseem lezvovuh ayn force marched through desert heat as the since there are no deadlines. myreroon, voronk mahatsahn irents Ottoman government sought to destroy a peo- In fact, if the high-risk sectors are noradzeenneruh irents keergeroon ple. not secured after 5 years, a commission mech. I speak to you in the language of the chil- is established to make recommenda- Tsezi guh khoseem lezvovuh ayn dren begging for a drop of water. tions. ‘‘Make recommendations’’ sure verabroghneroon, voronk Amereega Women were raped by the thousands. doesn’t sound like a secure border to yegan azadootyooneth vaylelu yev nor I speak to you in the language of the girls me. gyank muh usguseloo hamar. begging the gendarmes for mercy.

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 00:53 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 9920 E:\CR\FM\A24AP7.000 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2252 CONGRESSIONAL RECORD — HOUSE April 24, 2013 A nation was scattered around the world. To Mr. HOYER. Mr. Speaker, 7 weeks Sequestration is also reducing our the Middle East, to Europe and to America. on, Americans have already begun to military readiness and putting civilian I speak to you in the language of the sur- feel the effects of the Republican pol- defense employees at risk of being fur- vivors who came to America for freedom and icy of sequestration. loughed and, more to the point, putting made a new life. Sequestration defies common sense at risk our own national security. For almost a century, Turkey has denied the and is irresponsible. It is happening be- Communities in my district across genocide. In the face of overwhelming evi- cause the Tea Party faction of the Re- Maryland and throughout the country dence—much of it from American diplomats publican Party is hell-bent on cutting whose economies depend on a strong and journalists—Ankara has denied that the spending, no matter what the con- military are going to be hard hit. genocide ever happened. They want the world sequences, no matter how irrationally But the good news is there is an al- to forget. it is done, and no matter how adverse ternative. Congress has the power to I speak to you in the language of those who the consequences of these cuts. end sequestration by reaching a big were lost. Their voices drift across the dec- These arbitrary, across-the-board and balanced solution to deficits that ades—begging us to not forget them, no mat- cuts to Federal programs without re- can replace these irrational cuts. But ter how hard some people try. gard to our priorities was never meant to do so, Democrats and Republicans I am not Armenian, but I speak to you in to be a solution, but rather, a deterrent will have to work together in a bipar- your language because on this day we are all to Congress failing to reach one. tisan way. We ought to go to con- Armenian. For many years I have sat with you b 1010 ference on the budget, adopt a fiscally and listened—to the stories of those who were Since coming into effect on March 1, responsible and balanced plan, and lost in the genocide and those who survived. Americans are seeing why sequestra- eliminate the sequester for this year I speak to you in their language and yours tion is not a policy we should follow or and the 8 years to come. to thank you for sharing your history with me continue. This week, the FAA began We offered an alternative to seques- and to pledge again that I will not stop fighting furloughs for 47,000 employees. I’ve ter four times in the last month, and until the United States lives up to its principles talked to the Secretary and I’ve talked four times we were not given the op- by honoring and commemorating the Arme- to the Deputy Assistant Secretary. portunity to have it voted upon on this nian Genocide. They do not have an option under the floor. This was supposed to be open and And because I know that day will come. policies that this Congress has adopted. transparent, and we would consider al- May it come soon, so the last of the survivors Thirteen thousand air traffic control- ternatives. We did not. But I believe we may hear its awesome sound. lers are among those 47,000. can do it. Our economy, our ability to May God hear our voices. Already, delays of up to 2 hours at create jobs, and the success of our f major airports are disrupting travel, country in the decade ahead is depend- ent on our jettisoning these irrational PENN STATE UNIVERSITY 11TH which impacts business and produces cuts we call sequestration. ANNUAL EQUINE SCIENCE SHOW- major headaches for American families Too many jobs, lives, and livelihoods CASE AND QUARTER HORSE trying to get to where they need to go. are at stake for Congress to engage in SALE Some flights have been diverted be- cause the air traffic control system is partisan games. As the weeks and The SPEAKER pro tempore. The being overwhelmed with limited per- months continue without turning se- Chair recognizes the gentleman from sonnel. questration off, its effects will only get Pennsylvania (Mr. THOMPSON) for 5 In addition to its effects on the FAA, worse. minutes. sequestration is also placing a heavy Let’s act now. Let’s act together. Mr. THOMPSON of Pennsylvania. burden on small business. According to Let’s act in a bipartisan way before our Mr. Speaker, this coming weekend, I an article in Politico on April 16—just people and our businesses feel the full will have the opportunity and the a few days ago—small businesses are effects of this irrational and senseless honor to attend Penn State Univer- being hit the hardest by sequestra- sequestration policy. Let’s work to- sity’s 11th Annual Equine Science tion’s cuts. The Small Business Admin- gether to achieve the big, balanced so- Showcase and Quarter Horse Sale. istration is being forced to cut $16.7 lution the American people deserve As a land-grant university, horses of million in loan subsidies; those are from their Congress and that we owe to various breeds have always been a part guarantees. That means $16.7 million in our country. of Penn State’s Department of Dairy loans—capital—not available to small I will submit an article for the and Animal Science. As machinery re- businesses. At the same time, the arti- RECORD written by our colleague, Rep- placed the draft horse, Penn State cle goes on to report as many as 956,000 resentative DAVID PRICE of North Caro- started the move towards the lighter small business jobs could be at risk lina, entitled: ‘‘Lawmakers’ sequestra- horse types. Today, PSU focuses on the from sequestration as employers lay off tion double-talk.’’ quarter horse for its diverse abilities, their workers in anticipation of further [From the Charlotte Observer, Apr. 23, 2013] from working stock to show and recre- cuts. LAWMAKERS’ SEQUESTRATION DOUBLE-TALK ation. Quarter horses are estimated to We ought to abandon this stupid pol- (By U.S. Rep. David E. Price) generate more than $10.5 billion in eco- icy. Double-talk is never in short supply in nomic output nationally. Also at stake are critical research Washington. But as the axe of ‘‘sequestra- This Saturday, 21 quarter horses will programs in medicine and science re- tion’’—the across-the-board spending cuts go on the auction block at Penn search that fuel American innovation triggered by Congress’ failure to pass a long- State’s popular Equine Science Show- and advance lifesaving treatments. term budget plan—begins to fall, self-con- case and Quarter Horse Sale. The auc- They’re at risk because of sequestra- tradiction and hypocrisy have reached tion has grown with support from stu- tion. Cuts to the National Institutes of heights unusual even for the Capitol. dents and people in the equine indus- Health are already leading to a reduc- Indeed, many of the same Congress mem- try, from 70 in the first auction to al- tion in research grants, including tens bers who welcomed sequestration as a way to force the president to cut spending are now most 500 last year. of millions of dollars that will halt in- protesting loudly when their pet programs Mr. Speaker, I want to congratulate novative genomics and cancer research feel the pain. Members who voted for the the 2013 sale’s participating Penn State at some of America’s top universities, package that Speaker John Boehner said in- students, student co-managers Jordy including Harvard, Penn, and Johns cluded ‘‘90 percent’’ of what Republicans Hudson and Melissa Wise, and instruc- Hopkins in my State. And the National wanted now claim that sequestration does tor of equine sciences and horse farm Science Foundation will have to award not need to hurt very much and accuse the coordinator Brian Egan. 1,000 fewer grants this year to research- president of imposing cuts for political ef- ers who are helping keep America on fect. f The reality is that sequestration was de- top of technology and innovation. How SEQUESTRATION’S EFFECTS signed to cut both deeply and indiscrimi- irrational. nately. Although it barely touches the two The SPEAKER pro tempore. The This is a stupid, harmful, future- main deficit drivers—tax expenditures and Chair recognizes the gentleman from hurting, and America-undercutting entitlement spending—it was supposed to be Maryland (Mr. HOYER) for 5 minutes. policy. It must be changed. sufficiently draconian and unacceptable to

VerDate Mar 15 2010 00:53 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AP7.002 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2253 force action on those fronts, to compel Florida Legislature, igniting a century International movements in support agreement on a comprehensive budget plan of growth and opportunity for a close- of the people of Darfur arose around along the lines of the 2010 Bowles-Simpson knit community that still cherishes its the world, including a broad coalition Commission proposal or the budget agree- rich history and traditions. ments that produced four years of surpluses here in the United States of religious, under President Bill Clinton. Bay County is located in the heart of labor, peace, human rights, and stu- Congress failed to produce such a plan, northwest Florida, overlooking 41 dent organizations calling for an end to however, because Republicans refused to miles of sugar-white sand beaches the genocide in Darfur. consider increasing revenues or closing spe- along the gulf coast’s emerald green Between 2004 and 2007, Congress cial-interest loopholes. Today’s Republicans waters. With an additional 270 square passed a series of bills limiting U.S. aid value their anti-tax ideology far more than miles occupied by pristine lakes, to Sudan and applying sanctions the defense cuts that were supposed to drive springs, streams, and the magnificent against Sudan for its atrocities in them to the bargaining table. As sequestra- St. Andrews Bay, Bay County has be- tion approached, more and more of them Darfur. come a national destination for tour- said, ‘‘Bring it on.’’ b 1020 Now that the cuts are coming, members ists, families, fishermen, boaters, and are scrambling, sometimes to apply Band- water sports enthusiasts. In 2007, I visited refugee camps in Aids, sometimes to insist that the president While Bay County’s beaches and di- eastern Chad filled with hundreds of spare programs they favor. One day there is verse inland areas attract over 8 mil- thousands of men, women, and children an outcry about reduced meat inspections, lion visitors each year, it is its people who had fled the violence in Darfur. on another an insistence that tuition bene- who live and work there that give this Each has a personal story of horror and fits for military personnel be restored, on an- place a unique spirit. A small commu- other that air-traffic controllers be kept on violence. While I was there, the duty in little-used airports. The latest up- nity of little more than 11,000 people in janjaweed crossed the border and at- roar started two days ago. Federal Aviation 1920, Bay County now embodies the tacked two villages inside Chad, dis- Administration furloughs of air traffic con- drive of a diverse and growing popu- placing thousands of people in the des- trollers at large airports kicked in, delaying lation, totaling more than 170,000 peo- olate landscape and brutal heat of flights across the country—at Charlotte ple. Sahel in the dry season. I witnessed Douglas International Airport 31.2 percent of Bay County’s workforce is among the with admiration the emergency re- flights were delayed. My North Carolina col- best educated and most highly pre- sponse mobilized within hours by U.N. league, Rep. Renee Ellmers, recently intro- pared in northwest Florida, with insti- duced a bill to reverse Medicare cuts for can- and international humanitarian agen- cer treatment, calling the cuts an ‘‘unin- tutions of higher learning that rival cies and NGOs to provide these newly tended consequence’’ of sequestration. In any in the region. Its economic engine homeless and traumatized people with fact, the 2 percent cuts were an intended and is fueled not by tourism alone, but also water, food, shelter, immunizations, easily anticipated consequence of sequestra- by thriving small businesses, nation- and medical care. tion. ally recognized companies, major man- I will never forget those people, those Congress has now passed appropriations ufacturers, and one of the newer air- bills for the remainder of 2013, locking in children. And I will never forget the ports in the United States. And, as the caring of highly professional humani- place the sequestration spending levels. home of Tyndall Air Force Base, Naval Scattered provisions mitigate specific se- tarian aid workers who provided life- questration impacts, but the result often is Support Activity Panama City, and saving support to these refugees under to shift the cuts to equally important areas more than 22,000 veterans, Bay County difficult and dangerous conditions. that aren’t in the news at the moment. Fort enjoys a rich military history. Khartoum continues its brutal cam- Bragg, adjacent to my district, now faces a On this day, April 24, 2013, the day of paign in Darfur, and there is no end in furlough of civilian employees and a 34 per- Bay County’s centennial, I am proud to sight. Eric Reeves, who 10 years ago cent cut in its operating budget. And seques- join my friends, neighbors, my family, bravely brought to the world some of tration comes on top of $1 trillion in cuts to and local and county officials from domestic programs already adopted. To- the very first photo and video images Panama City, Panama City Beach, of the scorched-earth campaign taking gether, these cuts have driven major disease Lynn Haven, Springfield, Parker, research off a cliff—fewer than 10 percent of place in Darfur, continues to document Callaway, Mexico Beach, and the unin- proposals to fund heart disease, cancer and ongoing atrocities in the region. The diabetes research are being funded—and corporated areas of our county to cele- primary targets continue to be civil- slowed road and bridge construction to a brate our past and our bright future as ians from African tribal groups sur- we work hard to make Bay County a snail’s pace. viving tenuously in the chaotic region. I want to mitigate the harm as much as better place to live, work, and play. any member of Congress. But damage con- Eric is now on the faculty of Smith f trol is not a viable budget policy. Sequestra- College in Northampton, Massachu- tion is a self-inflicted wound, unworthy of SUDAN PEACE, SECURITY, AND setts, and I am very proud to be his those who profess to govern. It is hypo- ACCOUNTABILITY ACT OF 2013 Representative in Congress. critical and misleading, having imposed in- The SPEAKER pro tempore. The Today, the violence and abuses of discriminate cuts on the administration, to Chair recognizes the gentleman from Darfur have expanded across Sudan. pretend that the president can fix the prob- This February, the U.N. reported that lems with a flick of the wrist. Massachusetts (Mr. MCGOVERN) for 5 The remedy lies in a comprehensive budget minutes. over 1.5 million people have been dis- agreement that puts revenues and all cat- Mr. MCGOVERN. Mr. Speaker, 10 placed or severely affected because of egories of spending on the table. The presi- years ago, crimes by the Government the violence in Darfur, Abyei, South dent’s budget reflects such an approach, of Sudan against its own people in Kordofan, and Blue Nile, including going beyond the comfort zone of many of Darfur were just beginning. The world some 90,000 to 100,000 people newly dis- his political allies. A similar offer was witnessed the burning of villages, poi- placed in Darfur. spurned by Speaker Boehner and House Re- soning of water, murder, rape, brutal For over 3 years, the Sudanese Gov- publicans in December, and sequestration en- ernment has carried out aerial bomb- sued. It is a failure of historic proportions assault, and the deliberate forced dis- and it must be reversed. placement of entire villages by vio- ing and a scorched-earth campaign lence. In 2004, these acts were charac- against civilians in the states of South f terized by the U.S. Government and Kordofan and Blue Nile under the pre- BAY COUNTY CENTENNIAL Congress as genocide. text of battling armed insurgencies The SPEAKER pro tempore (Mr. For the past 6 years, the Inter- that operate in the area. The govern- STOCKMAN). The Chair recognizes the national Criminal Court has indicted ment continues to deny the World Food gentleman from Florida (Mr. and issued arrest warrants for Sudan’s Programme and other humanitarian SOUTHERLAND) for 5 minutes. high officials, military commanders, and religious organizations access to Mr. SOUTHERLAND. Mr. Speaker, I and militia proxies for multiple counts South Kordofan and Blue Nile to help rise today to honor the place that I am of war crimes and crimes against hu- the thousands in desperate need of food proud to call home, Bay County, Flor- manity. In 2009 and 2010, President and basic care. The U.N. High Commis- ida. Omar al-Bashir himself was indicted by sioner for Human Rights has stated One hundred years ago today, Bay the ICC for war crimes, crimes against that abuses by the Government of County was established by act of the humanity, and genocide. Sudan in these States may constitute

VerDate Mar 15 2010 00:53 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AP7.003 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2254 CONGRESSIONAL RECORD — HOUSE April 24, 2013 war crimes and crimes against human- and other parts of Sudan, support the path Mr. TURNER. Mr. Speaker, once ity. for democratic transformation, and create again, President Obama and his admin- Mr. Speaker, there comes a time peace throughout all of Sudan; istration have offered up America’s Demands free and unfettered access for when we have to say enough is enough. international humanitarian aid and, absent missile defense shield as a bargaining That is why Congressmen FRANK WOLF, such agreement, requires the Administration chip. Just the other week, Secretary of MIKE CAPUANO, and I are reintroducing to seek other mechanisms to mitigate the ef- State John Kerry flew to China and of- today the Sudan Peace, Security, and fects of lack of such humanitarian aid; fered to remove our recently added de- Accountability Act. Promotes free and transparent democratic fenses in the Pacific to encourage them Khartoum’s abuse of its own people is reform in Sudan, including exploring tech- to counter the increasingly belligerent nical support and funding for civil society nationwide, and this bill focuses on and others seeking sustainable democratic tone and actions by North Korea. Sudan as a whole. It requires a U.S. change; This is the same failed strategy that comprehensive strategy to end serious Increases engagement with other stake- the administration offered up to the human rights violations in all of holders with influence in Sudan; Russians in exchange for them engag- Sudan. It would provide genuine ac- Creates a broad-reaching sanctions regime ing with Iran. If it failed to work then, to target any government or individuals how could it possibly work now? countability for persons who have com- whose support assists the Sudanese govern- mitted or assisted in serious human ment in committing serious human rights At a time when our missile defense rights abuses. The bill supports the as- violations or who fail to execute inter- system is the only defense that we pirations of the Sudanese people for national arrest warrants against Sudanese have to the threat from North Korea peace and democratic reform. It en- officials; and the emerging threats from Iran, I courages other governments and indi- Seeks more effective enforcement of exist- am greatly concerned that our Nation’s ing sanctions including adequate resources missile defense strategy is languishing. viduals to end support and aid to the and personnel and extends to all of Sudan ex- Government of Sudan. And it reinvigo- isting sanctions regimes included in prior The end result is increased risk to the rates genuinely comprehensive and sus- enacted legislation that were specific only United States, increased cost to the tainable peace efforts to end Sudan’s for ‘‘Darfur’’; and taxpayer, and needless alienation of multiple crises. Provides genuine accountability for crimes our allies. We must send a clear message to committed in Darfur and encourages other Our enemies around the world have Khartoum that the time for change is countries to expand international account- sought nuclear weapons and missile ability efforts to include crimes committed technology, yet the Obama administra- now, that these abuses must stop, and in other regions in Sudan. that peace and genuine participation in tion has consistently reduced missile the future of Sudan are rights that be- [From Reuters, Apr. 12, 2013] defense funding, abandoned previous long to all of the people of Sudan, no SOME 50,000 FLEE SUDAN INTO CHAD AFTER Bush administration strategies that matter their race, ethnic or tribal DARFUR CLASHES sought to respond to these emerging background, religion, or political affili- N’DJAMENA.—Some 50,000 Sudanese have threats, and has compromised the im- ation. fled into southeastern Chad in the past week plementation of current missile de- I urge all of my colleagues to join us following fresh tribal conflict in the restive fense programs. Meanwhile, they have Darfur region, U.N. and Chadian officials sought elusive Russian, and now Chi- on this legislation. It is past time to said on Friday. put an end to the pain, suffering, and Melissa Fleming, a spokeswoman for the nese, approval of the right of the genocide taking place in Sudan. It is U.N. High Commission for Refugees, said the United States to defend itself. time to support peace, security, and ac- fighting had spread as each side received re- Most recently, the administration countability. inforcements from tribal allies and had be- has abandoned its own missile defense come more violent, with entire villages strategy, known as the ‘‘phased adapt- SUDAN PEACE, SECURITY, AND being razed. ACCOUNTABILITY ACT OF 2013 ive approach,’’ in favor of a stopgap A total of 74,000 refugees had fled to Chad measure of finally placing the addi- SUMMARY OF LEGISLATION in the past two months, she said. tional ground-based missiles in Alaska Purpose: The ‘‘Sudan Peace, Security and ‘‘People are arriving wounded and telling Accountability Act of 2013’’ would create a us their houses are destroyed and their vil- that they had previously canceled. I comprehensive U.S. strategy to end serious lages completely burned down, with many welcome the administration finally human rights violations in Sudan, provide people killed,’’ she told a news conference in completing the missile field which it genuine accountability for persons who have Geneva. has attempted to close. Although, this committed or assisted in serious human The refugees have fled to an arid area reveals that they have no plan to rea- along the Chad, Sudan and Central African rights violations, support Sudanese aspira- sonably respond to the real and fore- tion for democratic reforms, encourage other Republic border. ‘‘The area they are arriving in is very re- seeable threats from North Korea and governments and persons to end support of mote. They left with nothing: there is no Iran. and assistance to the government of Sudan, water, no food. They are sleeping under This announcement leaves the United and to reinvigorate genuinely comprehensive trees,’’ Fleming said, adding there was a risk and sustainable peace efforts that can end States without an articulated missile of disease. Sudan’s multiple crises. defense strategy. This deficiency is General Moussa Haroun Tirgo, the gov- compounded by the effects of the ad- Background: 2013 marks ten years from the ernor of the Sila region of southeastern Chad start of crimes in Darfur that the U.S. gov- where the refugees have fled, told Reuters ministration’s clumsy handling of our ernment found to constitute genocide. Pre- that about 52 wounded had arrived since relationship with our NATO allies. The vious legislation was passed to address the Thursday. abrupt cancellation of the Bush admin- genocide in Darfur, but abuses have contin- ‘‘The situation is worrying given that the istration missile defense commitments, ued and expanded to other areas of Sudan. zone does not have enough medical infra- coupled with the announcement of the Aerial bombardment of civilian areas of structure,’’ Tirgo said. ‘‘We’re evaluating the abandonment of the President’s phased South Kordofan and Blue Nile states and needs with the help of NGOs but the situa- continued blocking of humanitarian relief by tion is very serious.’’ adaptive approach, have left our allies the Government of Sudan has led to over Conflict has ravaged Sudan’s western to stand alone in the face of domestic 900,000 Sudanese in need of humanitarian aid. Darfur region since 2003 when mainly non- criticism and Russian opposition. Violence and aid restrictions also remain in Arab rebels took up arms against the Arab- Our relationship with the Polish Gov- Darfur where some 130,000 people have been led government, accusing it of politically ernment has yet to fully recover, and I newly displaced in the first months of 2013 and economically marginalizing the region. am concerned that this administration alone. Reports by the UN and independent Violence has subsided from its peak in 2003 may repeat the same relationship- monitors have documented ongoing abuses and 2004, but a surge has forced more than by the Government of Sudan and those it 130,000 people to flee their homes this year, straining affront with our Romanian supports that ‘‘may constitute war crimes according to the United Nations. allies. The President and his adminis- and crimes against humanity’’. f tration must address the damage done HIGHLIGHTS OF LEGISLATION: to our relationships with our NATO al- OUR NATION’S MISSILE DEFENSE lies as a result of their failed missile Requires the Administration and all rel- ISN’T A BARGAINING CHIP evant agencies to work together and create a defense strategies. comprehensive strategic plan to end serious The SPEAKER pro tempore. The In addition, I am concerned that the human rights violations, provide genuine ac- Chair recognizes the gentleman from administration fails to recognize the countability for crimes committed in Darfur Ohio (Mr. TURNER) for 5 minutes. significance of the emerging threats

VerDate Mar 15 2010 03:24 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.006 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2255 from North Korea and Iran which b 1030 these recent steps and hope that places the United States at risk. The Determined to change the wrong she Ukraine continues on its path towards administration should inform Congress faced, Helen boarded a bus and rode full European integration. The United of the effects of the abandoned and clear across the country to hear Martin States Government welcomes Presi- failed Obama administration phased Luther King deliver his ‘‘I Have a dent Yanukovych’s decision to pardon adaptive approach and of their plan to Dream’’ speech. That dream was her Mr. Lutsenko and Mr. Filipchuk and complete the Bush administration’s dream. His message was her message, hopes that such actions signal an end Alaska missile defense strategy. and she fulfilled it each and every day to the political persecution of other op- Further, since completion of the for the rest of her life. position figures. Alaska missile field alone is insuffi- Helen worked side by side with the f cient for the full protection of the Gabrielino Tribe to help them gain rec- United States, I am calling upon the KEEP YOSEMITE TOURIST- ognition and joined the Morongo Na- FRIENDLY administration to support the site se- tion in promoting human rights. She The SPEAKER pro tempore. The lection and completion of a United took those challenges and struggles Chair recognizes the gentleman from States east coast missile field to com- that are unique to reservation life and California (Mr. MCCLINTOCK) for 5 min- plement the Alaska site. raised awareness for solutions. utes. The world is not becoming a safer Her efforts helped ensure those facing Mr. MCCLINTOCK. I rise today in place. Offering to weaken our defenses difficult conditions on reservation land strong opposition to a proposal by the in hopes of irrational nations sus- had the education to build a brighter National Park Service to remove long- pending their weapons programs is not future. She held workshops on tribal standing tourist facilities from Yosem- an effective strategy to protect the lands to help people develop the skills ite National Park, including bicycle United States. Simply put, these offers needed to improve their quality of life, and raft rentals, snack facilities, gift are of greater benefit to our adver- and she worked hard to ensure that shops, horseback riding, the ice skat- saries than to the protection of the textbooks in California accurately re- ing rink at Curry Village, tennis courts American people. They are to the det- flected the true history of the Native and swimming pools, the art center, riment of the American people. people. As her advocacy led to public and the historic stone Sugar Pine f service, Helen was a founder and chair Bridge. THE PASSING OF HELEN L. of the Native American Caucus for the These facilities date back genera- DOHERTY APRIL 17, 2013 California Democratic Party—one of tions and provide visitors with a wide The SPEAKER pro tempore. The the first Native American caucuses for range of amenities to enhance their Chair recognizes the gentlewoman from a State party. stay at and their enjoyment of this Helen left us not long ago, but her California (Ms. CHU) for 5 minutes. world-renowned national park. To add Ms. CHU. This month, the San Ga- impact lives on. The lives she touched insult to insanity, all of this comes briel Valley lost a wonderful leader, are forever changed for the better as with a quarter-billion-dollar price tag the Native American community lost a are the communities she fought to em- to American taxpayers. true champion, and I lost a dear friend. power. Her life’s work provides an in- Mr. Speaker, Yosemite belongs to the Helen Doherty wore many hats spiration for all of us. So, today, I bid American people, and the Park Serv- throughout her years of public service, farewell to a friend, a mentor, and a ice’s job is to welcome them and ac- but one thing remained constant true role model to so many. commodate them when they visit their among them all: she fought to make And I say thank you for all that park, not to restrict and harass them. life better for those around her. All you’ve done for us, Helen Doherty. Indeed, Yosemite was set aside nearly people were her family; all children f 150 years ago by legislation signed by were her children. Abraham Lincoln specifically for ‘‘the UKRAINE Helen’s actions were always guided public use, resort and recreation for all by the needs of younger generations. The SPEAKER pro tempore. The time.’’ This proposal fundamentally An educator at heart, she spent four Chair recognizes the gentleman from changes the entire purpose for which decades in public school classrooms. Illinois (Mr. SHIMKUS) for 5 minutes. Yosemite was set aside in the first She taught where she was needed Mr. SHIMKUS. Mr. Speaker, I rise place. most—where the value of a lesson today to commend the recent actions Tourists don’t go where they’re not learned would have the greatest im- taken by the President of the Ukraine, welcomed. Yosemite competes with pact—places like the Bridges Commu- Mr. Yanukovych. thousands of vacation destinations; nity Day School, where she worked On April 7, President Yanukovych and the more inconvenient and un- with young people who had worn out pardoned former Interior Minister pleasant Park managers make it for their welcome in the traditional school Lutsenko, former Environmental Min- Yosemite visitors, the fewer visitors system through expulsion, drug use, or ister Filipchuk, and four others. These they’re going to have. Now, that might family problems. None of that pardons demonstrate Ukraine’s desire be convenient to them, but it will dev- mattered to Helen. What mattered was to integrate democratic policies and astate the economy of all of the sur- helping kids build a brighter future for reform their justice system as the ex- rounding communities whose econo- themselves, one new lesson at a time. panding Eastern European nation con- mies depend upon tourism. But being an educator meant more to tinues its transition towards democ- The Park Service is attempting to Helen than teaching in schools. It racy. justify this as a court-ordered response meant being a good colleague as well. This action is a concrete step in the to the Wild and Scenic Rivers Act. This She was a devoted member of the Cali- right direction for President is disingenuous. The settlement agree- fornia Teachers Association and won Yanukovych’s administration, but ment they refer to simply requires that their California Teacher in Politics there remains much to be done in order a plan be adopted consistent with cur- award. for Ukraine’s judicial system to be con- rent law. It does not mandate such rad- Helen’s compassion for others led her sidered in line with Western standards. ical changes in longstanding visitor to speak out and fight for those in This would include an end to all polit- services and amenities. need. Much of her activism was rooted ical persecutions; and, today, I reit- Former Congressman Tony Coelho, in who she was as a member of the erate my call for the release of Ms. who authored the act that designated Cherokee Nation. She had personal in- Yulia Tymoshenko, the former Prime the Merced under provisions of the sights into the needs of Native Amer- Minister. Wild and Scenic Rivers Act, has just ican communities, and she fought tire- I have long been a supporter of our released a strong letter condemning lessly to have them addressed. By the Nation’s ability to assist new, emerg- the proposal, saying in no uncertain time she was in college at UCLA, she ing democracies as they develop the terms: had personally felt the pains of intoler- pillars for building successful and last- The Wild and Scenic Rivers Act was never ance directed at her and her heritage. ing governments. I am encouraged by intended to apply to the Merced River within

VerDate Mar 15 2010 00:53 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.007 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2256 CONGRESSIONAL RECORD — HOUSE April 24, 2013 Yosemite National Park at all. The Merced I hate to burst the majority’s bubble, Pursuant to clause 1, rule I, the Jour- River within Yosemite National Park is pro- but Democrats and Republicans actu- nal stands approved. tected and regulated by the National Park ally agree on this bill. There was no f Service and has never needed an overlay of need to take up a full day of our time inconsistent and confusing regulation. The PLEDGE OF ALLEGIANCE Merced River in Yosemite Valley has been to debate the bill. We could have con- recreational for almost 150 years. Yosemite sidered it under the expedited proce- The SPEAKER. Will the gentleman Valley has never been wilderness. Any plan dures and saved time for proposals that from California (Mr. VALADAO) come which proceeds should not change any infra- created jobs instead of balloons. With forward and lead the House in the structure or ban any activities traditionally leadership like this, it’s no wonder the Pledge of Allegiance. carried on in Yosemite Valley. American people are feeling discour- Mr. VALADAO led the Pledge of Alle- Indeed, when Mr. Coelho authored aged and deflated. giance as follows: the legislation designating the Merced Helium? Helium. I pledge allegiance to the Flag of the as ‘‘wild and scenic,’’ these tourist fa- f United States of America, and to the Repub- cilities already existed, and nowhere in lic for which it stands, one nation under God, the bill’s findings is there any mention MESSAGE FROM THE PRESIDENT indivisible, with liberty and justice for all. of an intention to force their closure or A message in writing from the Presi- f to override Park policies. In fact, many dent of the United States was commu- of the facilities slated for removal are nicated to the House by Ms. Wanda WELCOMING ARCHBISHOP not even on the Merced River and do Evans, one of his secretaries. OSHAGAN CHOLOYAN not in any way impede or affect its f The SPEAKER. Without objection, flow. RECESS the gentleman from Rhode Island (Mr. The officials of the National Park CICILLINE) is recognized for 1 minute. Service are clearly not required to The SPEAKER pro tempore. Pursu- There was no objection. take these actions. It’s becoming in- ant to clause 12(a) of rule I, the Chair Mr. CICILLINE. Mr. Speaker, as the creasingly apparent that they want to declares the House in recess until noon Representative for Rhode Island’s First take them and that they intend to take today. Congressional District, which is home them despite widespread public opposi- Accordingly (at 10 o’clock and 40 to many Armenian American families, tion from all but the most radical ele- minutes a.m.), the House stood in re- I am honored to rise today in order to ments of the environmental left. In- cess. thank His Eminence, Archbishop deed, when 13 members of the Cali- f Oshagan Choloyan, for offering our fornia congressional delegation, includ- opening prayer and for recognizing the b 1200 ing liberal Democrats and conservative 98th anniversary of the start of the Ar- Republicans alike, asked for an exten- AFTER RECESS menian genocide. sion of the public comment period, the The recess having expired, the House A native of Aleppo, Syria, Arch- Park Service grudgingly extended it by bishop Choloyan was first ordained only 12 days. was called to order by the Speaker at noon. into the priesthood in 1967. He attended It is obvious that Park officials have the American University of Beirut f already made up their minds and are where he majored in history and later merely walking through the formali- PRAYER received two master’s degrees from the ties. I believe that this matter and re- Princeton Theological Seminary. Since lated issues of public access cry out for Archbishop Oshagan Choloyan, Ar- menian Apostolic Church of America, 1998, Archbishop Choloyan has served a congressional investigation. as the prelate of the Eastern Prelacy of In the meantime, if members of the New York, New York, offered the fol- the Armenian Apostolic Church of public want to protest the elimination lowing prayer: America and has focused his efforts on of many of Yosemite Valley’s tourist In the name of the Father and of the strengthening local faith communities amenities and iconic landmarks, their Son and of the Holy Spirit. Amen. under his jurisdiction. time is running out. My Web site, at Almighty God, we seek Your holy On behalf of the Armenian commu- mcclintock.house.gov, provides guid- guidance in all our endeavors, espe- nity in my home State of Rhode Island, ance on how people can protest this ac- cially in the deliberations of our lead- I am honored to welcome the arch- tion, and I strongly urge them to do so. ers in this noble body, because strong and wise leadership is essential for the bishop here today and to join him in f well-being of nations. remembering the victims of the Arme- THE MAJORITY’S DEFLATING Today, we are mindful of another nian genocide—the systematic exter- AGENDA April 24—98 years ago, the beginning of mination of Armenians living under The SPEAKER pro tempore. The the genocide of the Armenians in the the Ottoman Empire in the early 20th Chair recognizes the gentleman from Ottoman Empire, the first genocide century. I join members of the Congressional New York (Mr. CROWLEY) for 5 minutes. among so many that followed in the Mr. CROWLEY. Mr. Speaker, the 20th century. Caucus on Armenian Issues in urging 113th Congress has been in session for We beseech You, O Lord, to bless this that our government finally recognize over 100 days; and so far, the majority land of America and its people. Em- the Armenian genocide as a historical has attacked worker protections, power them to continue serving Your fact. slashed important job-training pro- goodness as they did when they shel- f grams, and has created one manufac- tered the remnants of the Armenian ANNOUNCEMENT BY THE SPEAKER tured fiscal cliff after another. nation. PRO TEMPORE This is the last week before yet an- Give Your children wisdom, love, and other recess, but there is still no pro- compassion that they may live and The SPEAKER pro tempore (Mr. POE posal to help Americans get back to prosper with the gifts of Your Spirit— of Texas). The Chair will entertain 15 work. Instead, we have another attack justice, truth, freedom, and righteous- further requests for 1-minute speeches on the Affordable Care Act. Plus, we ness. Your name will be praised forever on each side of the aisle. have on the floor today the Responsible and ever. f Helium Administration and Steward- Amen. THE CANCER DRUG COVERAGE ship Act. I, in fact, had a balloon, Mr. f Speaker, that I would have liked to PARITY ACT have had on my wrist as I gave this THE JOURNAL (Mr. HIGGINS asked and was given speech this morning, but I was told it The SPEAKER. The Chair has exam- permission to address the House for 1 would not be appropriate—and maybe ined the Journal of the last day’s pro- minute.) not. ceedings and announces to the House Mr. HIGGINS. Mr. Speaker, Amer- But helium? Helium? Really? his approval thereof. ica’s biomedical research industry is

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.009 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2257 the envy of the world, but the health and to refuse to accept the profound the faith communities. In particular, I insurance model is not keeping pace failure of the United States Senate. want to thank the evangelical churches with the science. For cancer patients, For the parents of those children lost that were here last week. this means that smart drugs purchased in Newtown and for the families of the There were over 300 either pastors or at a pharmacy and self-administered nearly 86 Americans who die of gunshot members of their church here, and I orally are dramatically more expensive wounds every day, there are no easy would like to read some of the things than traditional chemotherapy admin- days. they had to say from the Christian istered at a hospital or at a clinic. Doing what’s right, like stopping Post. Over 300 evangelicals rep- This makes no sense. That is why I criminals from buying weapons online resenting 25 States gathered in the Na- have joined with a broad coalition of and cracking down on illegal gun traf- tion’s Capitol Wednesday for worship, the cancer community to reintroduce ficking, will not cost anyone a vote at prayer, and meeting with Members of the Cancer Drug Coverage Parity Act. the ballot box, for the American people Congress in an effort to bring about This bill would require health insur- know that these measures don’t threat- comprehensive immigration reform. ance coverage for smart drugs and en the Second Amendment; they only ‘‘We’re here to say that immigration injectable treatments at the same rate. protect the rights of all Americans to reform has strong evangelical sup- Ensuring that parity coverage exists life, liberty, and the pursuit of happi- port,’’ said the Reverend Gabriel would both increase access to life-sav- ness. Salguero. ing treatments and improve the qual- Mr. Speaker, too many lives have There were a number of very impor- ity of life for cancer patients. been lost, and too many lives are on tant pastors here along with Dr. Rich- Mr. Speaker, a cancer patient should the line not to get something done. ard Land, pastor and also a member of never be denied the most effective can- f the Southern Baptist Convention. cer treatment because of cost. We must Pastor Kenton Beshore writes this, make sure that coverage for cancer 98TH ANNIVERSARY OF THE describing how ministries and the treatments keeps pace with the prom- ARMENIAN GENOCIDE church have worked with children in ising new therapies as they become (Mr. VALADAO asked and was given his community who are living without available. permission to address the House for 1 a parent due to immigration laws that f minute.) have broken apart their families: ‘‘This has to change.’’ THE OBAMA ADMINISTRATION’S Mr. VALADAO. Mr. Speaker, I rise The pastor is correct—this has to FAILURE TO STOP TERRORISM today on the 98th anniversary of the change. IN THE UNITED STATES initiation of the Armenian genocide in order to commemorate a moment in I want to thank all the faith commu- (Mr. COTTON asked and was given history inflicting wounds still fresh for nities. They are united to make sure permission to address the House for 1 many constituents in my congressional that we have a comprehensive immi- minute and to revise and extend his re- district. gration reform that reflects our values, marks.) From 1915 to 1923, the Ottoman Em- and I’d like to thank them. Mr. COTTON. I rise today to express pire engaged in the systematic and or- f grave doubts about the Obama admin- ganized deportation and extermination istration’s counterterrorism policies of over 2 million Armenians from their ENSURING THE SAFETY OF THE and programs. Counterterrorism is homeland. Although exact records were MEN AND WOMEN WHO SERVE US often shrouded in secrecy—as it should not kept, it is estimated that nearly 1.5 (Mr. ISSA asked and was given per- be. So let us judge by the results. million Armenian men, women, and mission to address the House for 1 In barely 4 years in office, five children were killed and that many minute and to revise and extend his re- jihadists have reached their targets in were permanently displaced or forced marks.) the United States under Barack to flee. These horrific events have be- Mr. ISSA. Mr. Speaker, the House Obama: the Boston Marathon Bomber, come known today as the Armenian just recently released a five-separate the Underwear Bomber, the Times genocide. committee report requested by the Square Bomber, the Fort Hood shooter, Many of those able to flee emigrated Speaker of the House on the aftermath and, in my own State, the Little Rock to the United States and settled in of Benghazi. It tells the American peo- recruiting office shooter. California. Today, their families con- ple a story that needs to be told and In over 7 years after 9/11, under tinue to grow, thrive, and pass along has not yet been completed. The story George W. Bush, how many terrorists their cultural heritage into their is that we did not protect our people in reached their targets in the United adopted communities. However, the Benghazi. States? Zero. sense of loss as a result of these hor- The Embassy asked for more secu- We need to ask: Why is the Obama rific acts runs deep as many Armenian rity. Secretary Clinton cabled back, administration failing in its mission to Americans personally know a friend or ‘‘No,’’ in April of 2012. On the very day, stop terrorism before it reaches its tar- a family member who was unable to es- September 11, that the Ambassador gets in the United States? cape the genocide. was killed along with three of his col- f Despite the horrors of this time and leagues, he said: CURBING GUN VIOLENCE IN broad international consensus that It is not a question of if, but when this at- AMERICA these events are rightly identified as tack will come. ‘‘genocide,’’ the foreign policy of the (Mr. DEUTCH asked and was given Today, Congress has not yet seen a United States refuses to acknowledge permission to address the House for 1 plan that ensures this will never hap- what so many already know to be true. minute and to revise and extend his re- pen again. The safety of our men and Today, let us recognize and remember marks.) women all over the world in the State the 2 million Armenians whose lives Mr. DEUTCH. Mr. Speaker, it was Department and other agencies needs were lost or forever changed by these President John F. Kennedy who fa- to be assured. tragic events. mously said, ‘‘Do not pray for easy Mr. Speaker, the House needs to ad- lives. Pray to be stronger men.’’ f dress this in a way that we can have Last week, some members of the b 1210 confidence that people who serve us United States Senate took the easy abroad will be properly protected. IMMIGRATION REFORM way out when they voted down the f most basic measures to curb gun vio- (Mr. VARGAS asked and was given lence in America. permission to address the House for 1 STUDENT LOAN RELIEF ACT Today, I ask my friends and col- minute.) (Mr. COURTNEY asked and was leagues in this body, Democrats and Mr. VARGAS. Mr. Speaker, I rise in given permission to address the House Republicans alike, to pray for the cour- support of comprehensive immigration for 1 minute and to revise and extend age to stand with the American people reform, and I especially want to thank his remarks.)

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.012 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2258 CONGRESSIONAL RECORD — HOUSE April 24, 2013 Mr. COURTNEY. Mr. Speaker, 1 year ment levels until after 2020. This means important to me, to my constituents in ago tomorrow marks the anniversary another decade of people losing their Hawaii, as well as to people all across of the Federal Reserve Board reporting health care, losing their homes, and the country. that student loan debt exceeded $1 tril- losing their dignity. I’ve long been a supporter of requir- lion. What that means for the average Where is the outrage? ing labeling for food containing geneti- student loan borrower in America is a Congress is delaying America’s recov- cally engineered, or GE, products. Food debt level of $27,000. That’s just the av- ery and making their plight worse by is a basic necessity in our everyday erage. Many students graduate, sadly, pursuing destructive policies like the lives, and people have a right to know with debt levels of six figures. sequester instead of productive policies what’s in the food we’re eating. Despite the fact that we have that like the President’s American Jobs Today I’m joining a strong coalition, looming burden on middle class fami- Act. led by Senator BOXER and Congressman lies all across the country, in 67 days The American Jobs Act deserves a DEFAZIO, to introduce the Genetically the Stafford student loan program in- vote. Engineered Food Right-to-Know Act, terest rate will double from 3.4 percent Mr. Speaker, the American people which requires labeling of GE foods. to 6.8 percent, adding even further in- are looking to you to address the only The Food and Drug Administration terest debt to students unless Congress deficit that matters right now: our jobs already requires labeling of more than acts. deficit. It’s time for a vote on a serious 3,000 ingredients, additives, and proc- Mr. Speaker, I’ve introduced H.R. jobs bill. esses, but it has resisted labels for GE 1595, the Student Loan Relief Act, with Our mantra here in Congress should foods. Changing this outdated policy my colleague in the Senate, Senator be: jobs, jobs, jobs. would simply add GE foods to that ro- JACK REED—we have 95 cosponsors in f bust list, which would not be cost pro- the House—which will extend the lower THE VIRGIN ISLANDS AND THE hibitive for companies or consumers. rate for 2 years and give this House KENTUCKY DERBY More than 1.5 million Americans time to come up with a comprehensive have filed comments with the FDA urg- (Mrs. CHRISTENSEN asked and was ing it to label GE foods, while surveys solution for higher education access given permission to address the House and affordability, which, again, extends show more than 90 percent of people for 1 minute and to revise and extend also support it. back to giving students better informa- her remarks.) tion for when they enter college and Our legislation puts consumers first Mrs. CHRISTENSEN. Mr. Speaker, 2 and empowers them to make informed helping those who graduated in terms weeks ago I came to the floor to con- of allowing them to refinance. choices for themselves and their fami- gratulate Virgin Islands jockey Kevin lies. It is time, however, to pass the ex- Krigger on his Santa Anita win and tension of the lower rate. Let’s not go qualifying for the Kentucky Derby. f backwards. Let’s help middle class Kevin will be riding Goldencents co- b 1220 families all across America. owned by Rick Pitino and trained by HARMFUL EFFECTS OF f Doug O’Neill. SEQUESTRATION BUDGET CONFEREES Since then, another Virgin Islands jockey, Victor Lebron, riding Frac (Ms. EDDIE BERNICE JOHNSON of (Mr. BERA of California asked and Daddy, co-owned by Carter Stewart Texas asked and was given permission was given permission to address the and Ken Schlenker and trained by Ken to address the House for 1 minute and House for 1 minute.) McPeek, has also qualified. to revise and extend her remarks.) Mr. BERA of California. It’s core to They are making history, and the en- Ms. EDDIE BERNICE JOHNSON of our job, Mr. Speaker, to pass a respon- tire Virgin Islands is gearing up to Texas. Mr. Speaker, it has now been sible budget. That’s job number one. A cheer wildly for them on May 4 as they more than 7 weeks since the sequestra- budget tells us how we’re going to be make a ‘‘Run for the Roses.’’ tion cuts were enacted, and we are in stewards of the taxpayer resources. Another Virgin Islander, Gareem new and unprecedented territory. Fur- One of my first acts in Congress was Nicholas, is an assistant trainer for lough notices have already been sent to to cosponsor the No Budget, No Pay Derby-bound horse It’s My Lucky Day. thousands of Federal employees and Act. We now have a budget that the As a person who grew up in a horse contractors, and many services are be- House has passed; we have a different racing family and who has always fol- ginning to slow. While many of the budget that the Senate has passed; and lowed the sport, I could not be prouder worst consequences of the sequester the President has submitted his budg- than to see my young men riding and have not yet been realized, the truth is et. It is now time for us to go to con- training in such a prestigious event, that the wheels have been set in mo- ference. and I hope to be there to witness it. tion, and we are on a course that will Mr. Speaker, I ask you to appoint Although there have been many peo- have real impacts for millions of Amer- conferees so we can get a real budget ple who have had a role in the success icans. and start moving this country forward. of the young Crucian jockeys who As a result of employee furloughs, That is core to our job. We must began their career on the Randall Doc more than 1,200 flights were delayed produce a budget in order to start ad- James Racetrack in my home island of yesterday because 1,500 air traffic con- dressing our debt and deficit and mak- St. Croix, I again congratulate their trollers were laid off the job. Because ing sure that the public understands parents Averill Simmonds and Albert of the Republican majority’s refusal to what our priorities are. Krigger, Jr., and Reina and Victor address the effects of sequester sen- Mr. Speaker, now’s the time to act. I Lebron, Sr. The name Julio Felix also sibly, the FAA estimates that a third ask that you appoint conferees, and stands out as a mentor of theirs and of the passengers will face delays dur- let’s get this country moving forward. many other young Virgin Island jock- ing the furloughs, with up to 6,700 f eys. flights arriving late at more than a dozen major airports each day. JOBS, JOBS, JOBS I wish both jockeys luck in their maiden runs at the Kentucky Derby, Beyond crippling our government’s (Ms. WILSON of Florida asked and but they and Nicholas are already win- ability to provide critical services, the was given permission to address the ners to me and in the eyes of their fel- Republican sequestration plan is slow- House for 1 minute.) low Virgin Islanders. ing the economic growth that our Ms. WILSON of Florida. Mr. Speaker, f country so desperately needs. it’s now been 843 days since I arrived in In short, Republicans are putting the ability Congress, and the Republican leader- GMO LABELING of our government to fully perform basic gov- ship has not allowed a single vote on (Ms. GABBARD asked and was given ernment functions that we need to keep us serious legislation to address our un- permission to address the House for 1 safe at risk. employment crisis. minute.) We need to work on an approach that will At the current rate of job growth, we Ms. GABBARD. Mr. Speaker, I rise fix sequestration while reducing our deficit will not get to pre-recession unemploy- today to highlight an issue that’s very sensibly.

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K24AP7.013 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2259 We need to come to a compromise that will UNIVERSAL BACKGROUND CHECKS reform will do anything to stop prevent these indiscriminate cuts, and keep (Ms. KUSTER asked and was given progress in today’s world. Now they’re our economy on track and growing. permission to address the House for 1 using the terrorist attacks in Boston f minute.) to somehow draw some connection be- Ms. KUSTER. Mr. Speaker, I would tween those events and the problems ADDRESSING GUN VIOLENCE like to read into the RECORD a letter that really plague our immigration (Mrs. DAVIS of California asked and that I received today from a 7-year-old system. There is no connection, but was given permission to address the in my district: problems still remain. We still have to secure our borders. House for 1 minute.) Dear Congresswoman Kuster. My name is Mrs. DAVIS of California. Mr. Speak- Noah Dutille. I am a second grader at Plym- We still have to make sure that em- er, over 100,000 victims of gun violence outh Elementary School. I am hoping that ployers are only employing legal Amer- last year, many of them children. What you will help make sure no other kids are icans. We still have 11 million undocu- has this House done to prevent other hurt by guns. Thank you for your service. mented people in this country. We children from being added to this trag- Sincerely, Noah. don’t know why they’re here or who ic tally? Nothing, Mr. Speaker. Abso- In my district, 90 percent of my con- they are. We still need seasonal work- lutely nothing. stituents support universal background ers for many economic activities. We Ninety percent of Americans support checks, including 75 percent of those still need highly skilled workers—engi- effective background checks—90 per- who are members of the National Rifle neers and technicians—some of whom cent. So when does this Chamber, the Association. Mr. Speaker, 6.5 million have been trained here but cannot people’s House, work for the 10 per- guns sold each year in the United work here. We still have people over- cent? Opponents have said that back- States are sold by unlicensed private staying their visas, and we still have ground checks will not stop every inci- sellers, including online and gun show the problem that we need to increase dence of gun violence. Well, true. They sales, and 40–50 percent of all gun sales the flow of immigration to stimulate would, unfortunately, not stop all fu- have no criminal background check. In our economy. ture acts of gun violence, anymore fact, a recent national survey of in- Delaying immigration reform will than other laws stop all illegal behav- mates revealed that 80 percent of those only weaken our economy and make us ior—but it would stop some. It would who used a handgun in a crime ac- less safe. It is much better that we save the lives of some of our children. quired it through a private transfer. know everyone who is in our country, It would be all of us saying we have a Mr. Speaker, on behalf of Noah and why they’re here, and make sure moral duty to ensure that those pur- all of the families in my district, I ask they’re paying taxes and contributing chasing handguns are not an estab- that we schedule a vote to keep our to American society. We need to pass lished threat to our families, and it families safe. immigration reform now. would be the start of a comprehensive f f approach to protecting our families. Congress plays politics on so many BUDGET CONFERENCE COMMITTEE GLOBAL CLIMATE CHANGE issues. Let’s not play politics with the (Mr. PAYNE asked and was given (Mr. MORAN asked and was given lives of so many innocent Americans. permission to address the House for 1 permission to address the House for 1 f minute and to revise and extend his re- minute and to revise and extend his re- marks.) marks.) APPOINT BUDGET CONFEREES Mr. PAYNE. Mr. Speaker, repeatedly, Mr. MORAN. Mr. Speaker, earlier (Mr. KILDEE asked and was given Republicans have reprimanded Senate this month, I and 19 of my colleagues permission to address the House for 1 Democrats, claiming budget negotia- wrote to the Energy and Commerce minute.) tions have stalled because the Senate Committee urging them to engage us Mr. KILDEE. Mr. Speaker, my con- has failed to pass a budget. Now, Sen- in a debate on the House floor as to stituents and the American people de- ate Democrats have done their part. what our national policy should be in serve a budget. One of our principal du- Republican leaders in the House must response to climate change. That re- ties in Congress is to pass a budget. do the same by convening a conference quest has been met with silence, but Yet Congress has already missed the committee to resolve our budget dif- that’s a more preferable response than legal deadline this year because the ferences openly and honestly. That is a the 53 votes that the House undertook Republican leadership has not yet ap- procedure that the Congress has always during the last session to block the pointed conferees to continue budget followed. That is regular order. Obama administration from using its deliberations. The best interests of the American existing authority to address climate Yesterday, I joined many of my col- people shouldn’t have to sit on the change. leagues in signing a resolution calling back burner any longer. Unemploy- In fact, for the year 2012, when this on the GOP leadership to appoint con- ment remains too high, wages are stag- House voted to overturn a scientific ferees to a conference committee to nant, and sequestration is taking its finding that, in fact, climate change continue working on the fiscal year toll. We need to address our country’s was occurring, we experienced the 2014 budget. challenges and create jobs, reduce the warmest year on record. More than After years of calling for regular deficit, and strengthen our middle class half of this Nation’s counties were de- order and for the Senate to pass a while creating ladders of opportunity clared Federal disaster areas, due budget, which they did in March, I now for those to climb into the middle mostly to drought, but also to extreme find it ironic that Republicans are class. weather events. We experienced the dragging their feet and stalling budget These are our top priorities. Some- second worst year of extreme weather negotiations by refusing to appoint times these priorities get lost in the events. In fact, Hurricane Sandy cost conferees. shuffle of partisan bickering. I urge Re- the Federal Government more than $65 We certainly have differences of opin- publican leadership to follow regular billion and took the lives of 147 Ameri- ion regarding budget priorities, Mr. order and create a conference com- cans, and we experienced the third Speaker; but that’s no excuse for con- mittee now. worst year for wildland fires; more tinued dysfunction and delay. f than 9 million acres were burned. I ask you to appoint conferees today, These severe temperatures and ex- and let’s work to find a bipartisan com- COMPREHENSIVE IMMIGRATION treme weather events we are experi- promise on a budget. Democrats stand REFORM encing all fit the predictive pattern of ready to act to pass a budget that (Mr. YARMUTH asked and was given global climate change. Our failure to grows our economy, creates jobs, permission to address the House for 1 take action dooms future generations strengthens the middle class, and re- minute.) to ever more powerful and destructive places the reckless, across-the-board Mr. YARMUTH. Mr. Speaker, oppo- weather events, altered coastlines, sequester cuts. nents of comprehensive immigration more devastating droughts and

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AP7.007 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2260 CONGRESSIONAL RECORD — HOUSE April 24, 2013 wildland fires, and greater food scar- year by this Congress. The legislation I ask for passage of H.R. 1071 and city. It’s time to take action on cli- calls for the Mint to strike and issue urge my colleagues to approve this bill. mate change. next year’s coins in commemoration of I reserve the balance of my time. Mr. BACHUS. Mr. Speaker, I yield 2 f the Hall of Fame’s 75th anniversary. The coin will be domed, Mr. Speaker, minutes to the gentleman from New b 1230 the first of that kind ever done by the York (Mr. HANNA), who is the sponsor Mint. As they did the technical work of of this legislation. ANNOUNCEMENT BY THE SPEAKER preparing to produce the coin, the Mint Mr. HANNA. I thank the chairman PRO TEMPORE discovered that using a standard coin emeritus for yielding and for his strong The SPEAKER pro tempore. Pursu- blank and stamping the center part support of the National Baseball Hall ant to clause 8 of rule XX, the Chair into a dome drew the edges of the coin of Fame commemorative coin bill. will postpone further proceedings inward a few thousandths of an inch; Mr. Speaker, the United States Mint today on motions to suspend the rules not a big deal, but enough to be out of is working hard to produce spectacular on which a recorded vote or the yeas spec with the finished size of the coin coins next year honoring the National and nays are ordered, or on which the designated in the legislation. Baseball Hall of Fame’s 75th anniver- vote incurs objection under clause 6 of To avoid making a coin not in com- sary. rule XX. pliance with the law, or having to pur- As called for in the legislation I au- Record votes on postponed questions chase expensive custom coin blanks, thored in last year’s Congress, the coin will be taken later. this bill simply eliminates the require- will be unique in the history of the ment for the finished size and speci- Mint. It will be domed, with the back f fication that the coins be struck on of the coin depicting stitches that ap- NATIONAL BASEBALL HALL OF standard commemorative coin blanks. pear on a major league baseball. FAME COMMEMORATIVE COIN The result will be a less expensive coin In doing the production work, the ACT AMENDMENT and less work for the Mint. Mint discovered that the work to make This is truly a technical amendment, the coin domed would make the fin- Mr. BACHUS. Mr. Speaker, I move to Mr. Speaker. I urge its quick passage. ished coin slightly smaller than the suspend the rules and pass the bill With that, I reserve the balance of standard finished commemorative coin. (H.R. 1071) to specify the size of the my time. I am pleased the Mint has brought this precious-metal blanks that will be used Ms. SEWELL of Alabama. Mr. Speak- to our attention and asked that we do in the production of the National Base- er, I yield myself such time as I may a technical amendment to allow them ball Hall of Fame commemorative consume. to use standard coin blanks, instead of coins. Mr. Speaker, I rise in support of H.R. having to secure expensive custom The Clerk read the title of the bill. 1071. The bill corrects the specification ones. The text of the bill is as follows: of the precious metal blanks to be used Since all production costs of com- H.R. 1071 by the U.S. Mint in making the Na- memorative coins are passed on to the Be it enacted by the Senate and House of tional Baseball Hall of Fame coins consumer, this will keep the cost of Representatives of the United States of America which Congress authorized last term. these coins down for baseball fans in Congress assembled, This correction will result in a cost around the world who want to com- SECTION 1. SIZE OF PRECIOUS-METAL BLANKS. savings, permitting the U.S. Mint to memorate 75 years of collecting, dis- Section 3(a) of the National Baseball Hall implement the design specifications playing, and honoring our national pas- of Fame Commemorative Coin Act (Public using standard-sized blanks and time. Law 112–152) is amended— produce the coins by January 2014, the (1) in paragraph (1)(B), by striking ‘‘have’’ Mr. Speaker, this is a good bill that required deadline. actually saves money and effort, and I and inserting ‘‘be struck on a planchet hav- Last Congress, I voted in favor of ing a’’; and urge its immediate passage. (2) in paragraph (2)(B), by striking ‘‘have minting the National Baseball Hall of Ms. SEWELL of Alabama. Mr. Speak- a’’ and inserting ‘‘be struck on a planchet Fame commemorative coin. Proceeds er, I yield back the balance of my time. having a’’. from the coin will go to the National Mr. BACHUS. Mr. Speaker, I yield 2 The SPEAKER pro tempore. Pursu- Baseball Hall of Fame in Cooperstown, minutes to the gentleman from New ant to the rule, the gentleman from New York, to help fulfill its mission of York (Mr. GIBSON). preserving history, honoring excel- Alabama (Mr. BACHUS) and the gentle- Mr. GIBSON. I thank the gentleman lence, and connecting generations woman from Alabama (Ms. SEWELL) for yielding. And it’s a great privilege through the rich history of our na- each will control 20 minutes. to rise today in support of this bill. tional pastime. The Chair recognizes the gentleman I’m proud to represent Cooperstown One of the most popular exhibits at from Alabama. in upstate New York, home of the the Hall of Fame is that of Jackie Rob- Baseball Hall of Fame. Baseball, Amer- GENERAL LEAVE inson, who broke the color barrier in ica’s pastime, is something that unites Mr. BACHUS. Mr. Speaker, I ask 1947, bringing his amazing skills from us and I think also something that en- unanimous consent that all Members the Negro League to win Rookie of the genders hope throughout our country, have 5 legislative days within which to Year his first year. He led the Brook- the feeling that we all have in April, revise and extend their remarks and lyn Dodgers to 6 pennants in 10 sea- the possibility that our team could go submit extraneous materials for the sons, including their own World Series all the way and win the World Series, RECORD on H.R. 1071. in 1955. He was the 1949 National something, indeed, that unites us. The SPEAKER pro tempore. Is there League Most Valuable Player. Jackie A coin is a fitting way to honor the objection to the request of the gen- Robinson was elected to the Hall of Hall of Fame and also help our efforts tleman from Alabama? Fame in 1962, after his phenomenal ca- for tourism in central New York. And There was no objection. reer. Most importantly, he showed tre- this bill and this coin are able to do all Mr. BACHUS. Mr. Speaker, I yield mendous grace and poise as he inte- that at no cost to the taxpayer. myself such time as I may consume. grated the major leagues and served as I might also say that this competi- Mr. Speaker, I rise today in support an inspiration to so many of us in gen- tion where we now have children from of H.R. 1071, introduced by our col- erations to come. The number he across the country that are involved in league from New York (Mr. HANNA), wore—42—as a Brooklyn Dodger has this competition to provide the best de- along with Mr. DOYLE and Mr. GIBSON, been retired in his honor, and no other sign is, I think, going to kindle even two other Representatives from the ball player can wear that number more support for baseball. And so I State of New York. again. urge my colleagues to support the bill. This is a two-line amendment of the Baseball is also a wonderful pastime I thank Mr. HANNA for his leadership most technical sort. It amends the Na- in my own district of Birmingham, and the chairman for the opportunity tional Baseball Hall of Fame Com- Alabama, where we have a minor to speak this morning in support of it. memorative Coin Act, sponsored by Mr. league team, the Birmingham Barons, Mr. BACHUS. Mr. Speaker, I want to HANNA and Mr. DOYLE, and passed last and enjoy the baseball. commend my New York colleagues for

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.026 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2261 bringing this bill. Obviously, those of cause of freedom and equality, including Vir- There was no objection. us who visited Cooperstown, it’s a won- gil Ware and James Johnny Robinson who Mr. BACHUS. Mr. Speaker, I yield derful place, and I can really think of were children also killed within hours of the myself 4 minutes. no better way to start the celebration 1963 church bombing. Mr. Speaker, it’s an honor to manage (8) The legacy that these 4 little Black this bill and to have worked with my of the 75th anniversary than to go view girls left will live on in the minds and hearts the film, ‘‘42,’’ about Jackie Robinson. of us all for generations to come. colleague and the sponsor of this legis- lation, Congresswoman TERRI SEWELL, b 1240 (9) Their extraordinary sacrifice sparked real and lasting change as Congress began to who is the driving force behind this Baseball has a rich history. It has a aggressively pass legislation that ensured legislation. She’s worked tirelessly to history, as with other sports, of bring- equality. bring this bill to the floor, and it has ing people together, putting aside their (10) Sixteenth Street Baptist Church re- come to the floor with bipartisan sup- personal, emotional, or ideological dif- mains a powerful symbol of the movement port. Through her work, and those of ferences. It is a wonderful movie and a for civil and human rights and will host the many Members on both sides, including lesson for all of us. 50th anniversary ceremony on Sunday, Sep- tember 15, 2013. the Alabama delegation, we’re proud With that, I yield back the balance of (11) It is befitting that Congress bestow the that this bill has 296 Members as co- my time. highest civilian honor, the Congressional sponsors. The SPEAKER pro tempore. The Gold Medal, in 2013 to the 4 little Black girls, The bill, as the title reflects, post- question is on the motion offered by Addie Mae Collins, Denise McNair, Carole humously awards a Congressional Gold the gentleman from Alabama (Mr. Robertson, and Cynthia Wesley, post- Medal that recognizes these four little BACHUS) that the House suspend the humously in recognition of the 50th com- African American girls. Their pictures rules and pass the bill, H.R. 1071. memoration of the historical significance of are on the floor of the House. You can The question was taken; and (two- the bombing of the Sixteenth Street Baptist Church. see their very tender age. Their lives thirds being in the affirmative) the SEC. 2. CONGRESSIONAL GOLD MEDAL. were cut short by a bombing of the Six- rules were suspended and the bill was (a) PRESENTATION AUTHORIZED.—The teenth Street Baptist Church in Bir- passed. Speaker of the House of Representatives and mingham on September 15, 1953. Many A motion to reconsider was laid on the President Pro Tempore of the Senate trace this decisive and heinous act to the table. shall make appropriate arrangements for the an impetus for a passage of the histor- presentation, on behalf of Congress, of a gold f ical Civil Rights Act of 1964. There was medal of appropriate design to commemo- a national revulsion caused by the AWARDING CONGRESSIONAL GOLD rate the lives of Addie Mae Collins, Denise deaths of these innocent lives, the cal- MEDAL TO ADDIE MAE COLLINS, McNair, Carole Robertson, and Cynthia Wes- culated bombing in a place of worship. DENISE MCNAIR, CAROLE ROB- ley. (b) DESIGN AND STRIKING.—For purposes of It was, indeed, a sad day for the entire ERTSON, AND CYNTHIA WESLEY the presentation referred to in subsection country. Mr. BACHUS. Mr. Speaker, I move to (a), the Secretary of the Treasury (referred It can correctly be said that 50 years suspend the rules and pass the bill to in this Act as the ‘‘Secretary’’) shall ago my hometown found itself the epi- (H.R. 360) to award posthumously a strike a gold medal with suitable emblems, devices, and inscriptions to be determined by center of the civil rights movement. Congressional Gold Medal to Addie the Secretary. The images of conflicts and violence Mae Collins, Denise McNair, Carole (c) AWARD OF MEDAL.—Following the from Birmingham that flickered na- Robertson, and Cynthia Wesley to com- award of the gold medal described in sub- tionally on what were still predomi- memorate the lives they lost 50 years section (a), the medal shall be given to the nantly black-and-white TV screens ago in the bombing of the Sixteenth Birmingham Civil Rights Institute in Bir- shocked the conscience of the Nation Street Baptist Church, where these 4 mingham, AL, where it shall be available for and, I believe, most citizens of Ala- little Black girls’ ultimate sacrifice display or temporary loan to be displayed elsewhere, as appropriate. bama. served as a catalyst for the Civil SEC. 3. DUPLICATE MEDALS. During the recent Faith and Politics Rights Movement, as amended. The Secretary may strike and sell dupli- Congressional Civil Rights Pilgrimage The Clerk read the title of the bill. cates in bronze of the gold medal struck to Alabama, a large bipartisan delega- The text of the bill is as follows: under section 2, at a price sufficient to cover tion of Members viewed some of the H.R. 360 the costs of the medal, including labor, ma- historic sites in Birmingham. We were terials, dies, use of machinery, and overhead Be it enacted by the Senate and House of Rep- led on the pilgrimage by my friend and expenses, and amounts received from the Congresswoman SEWELL’s friend, Con- resentatives of the United States of America in sale of such duplicates shall be deposited in Congress assembled, the United States Mint Public Enterprise gressman JOHN LEWIS, who, from per- SECTION 1. FINDINGS. Fund. sonal experience, spoke authoritatively The Congress Finds the following: SEC. 4. STATUS OF MEDALS. about those years. As we know, he was (1) September 15, 2013 will mark 50 years (a) NATIONAL MEDALS.—The medals struck beaten many times himself. since the lives of Addie Mae Collins, Denise under this Act are national medals for pur- The Sixteenth Street Baptist Church McNair, Carole Robertson, and Cynthia Wes- poses of chapter 51 of title 31, United States is still a vibrant place of worship. Just ley were suddenly taken by a bomb planted Code. a few months ago, we stood in a mo- in the Sixteenth Street Baptist Church in (b) NUMISMATIC ITEMS.—For purposes of Birmingham, Alabama. sections 5134 and 5136 of title 31, United ment of silence in remembrance of the (2) The senseless and premature death of States Code, all medals struck under this haunting act of evil that occurred these 4 little Black girls sparked ‘‘The Move- Act shall be considered to be numismatic there a half century ago. ment that Changed the World.’’ items. Churchgoers gathered peacefully on (3) On that tragic Sunday in September of The SPEAKER pro tempore. Pursu- that beautiful fall morning, as they 1963, the world took notice of the violence in- ant to the rule, the gentleman from faithfully did every Sunday, to praise, flicted in the struggle for equal rights. Alabama (Mr. BACHUS) and the gentle- pray, and worship. In fact, 26 children (4) The fact that 4 innocent children lost were making their way to the down- their lives as they prepared for Sunday woman from Alabama (Ms. SEWELL) School shook the world’s conscience. each will control 20 minutes. stairs assembly room to prepare for a (5) This tragedy galvanized the Civil The Chair recognizes the gentleman sermon, entitled, ‘‘The Love That For- Rights Movement and sparked a surge of mo- from Alabama. gives,’’ when the bomb went off. The mentum that helped secure the passage of GENERAL LEAVE four little girls, whose pictures are on the Civil Rights Act of 1964 and later the Mr. BACHUS. Mr. Speaker, I ask the floor of the House—Addie Mae Col- Voting Rights Act of 1965 by President Lyn- unanimous consent that all Members lins, Denise McNair, Carole Robertson, don B. Johnson. have 5 legislative days within which to and Cynthia Wesley—were almost in- (6) Justice was delayed for these 4 little revise and extend their remarks and stantly killed. Black girls and their families until 2002, 39 Looking at those faces now, they years after the bombing, when the last of the submit extraneous materials for the 4 Klansmen responsible for the bombing was RECORD on this legislation. speak as strongly to me on the House charged and convicted of the crime. The SPEAKER pro tempore. Is there floor today as they did to newspaper (7) The 4 little Black girls are emblematic objection to the request of the gen- readers and television viewers at the of so many who have lost their lives for the tleman from Alabama? time of the bombing. As a Congress and

VerDate Mar 15 2010 03:24 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.018 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2262 CONGRESSIONAL RECORD — HOUSE April 24, 2013 a country, our eyes were opened and we Carole Robertson, 14, was a vivacious force that the deaths of these four girls were shocked enough to finally pass young girl who was an avid reader and made in bringing light to a dark Na- civil rights legislation affirming that played the clarinet in the band. tion. the rights and protections of the U.S. Cynthia Wesley, 14, was an honor stu- Mr. Speaker, I reserve the balance of Constitution do not depend on what dent who enjoyed playing the saxo- my time. color your skin happens to be. phone in her school band. That fateful The SPEAKER pro tempore. Mem- The civil rights struggle was long Sunday was going to be her first day bers are reminded that it is not in and hard, filled with both sorrow and serving as an usher in church. order to draw to the attention of the joy. There’s a special place in history Although there are many individuals House occupants in the gallery. and in our hearts for all of those who and events of the civil rights move- Mr. BACHUS. Mr. Speaker, I now were killed and injured in Birmingham. ment that rightfully are worthy of rec- yield 2 minutes to my friend, the gen- I reserve the balance of my time. ognition, the selection of the four little tleman from Illinois (Mr. SCHOCK). Ms. SEWELL of Alabama. Mr. Speak- girls was emblematic of so many who Mr. SCHOCK. Mr. Speaker, in March, er, I yield myself 5 minutes. sacrificed and lost their lives for the I had the honor to join my friends from Mr. Speaker, it is a pleasure to join cause of freedom. Alabama in traveling to Birmingham my colleague, SPENCER BACHUS, as we as part of the 13th annual Congres- b 1250 begin consideration of our bill, H.R. sional Civil Rights Pilgrimage. I was 360. I am proud to have had the entire Medgar Evers, Emmett Till, Jimmy joined by my esteemed colleague, Con- Alabama delegation, Representatives Lee Jackson, as well as Virgil Ware gressman JOHN LEWIS of Georgia, who BONNER, ADERHOLT, ROGERS, ROBY, and and James Johnny Robinson—who was led the delegation to numerous land- BROOKS, as well as Alabama natives also killed within hours of the 1963 marks that defined the civil rights Representatives LEWIS and BISHOP, join bombing—they were all martyrs for movement at the time, including the me as original cosponsors on this legis- justice whom we should never forget. It tragedy that occurred at the Sixteenth lation. I am also thankful for the lead- was their blood which was shed for the Street Baptist Church. The legislation we are considering ership of both parties, Speaker BOEH- bounty that so many of us now enjoy. today comes 50 years after the sense- NER, Leader PELOSI, Majority Leader While we recognize that this medal less death of four young girls when a CANTOR, Whips HOYER and MCCARTHY, cannot in any way replace the lives bomb exploded in their church one as well as Financial Services Com- lost nor the injuries suffered as a result Sunday morning in September of 1963. mittee Chairman HENSARLING and of the horrific bombing, I hope this medal serves as a powerful reminder of Less than a month before this bomb- Ranking Member WATERS, for their ing, Dr. Martin Luther King, Jr., stood support and leadership. I also want to the importance of the many sacrifices made and the great achievements ob- on the steps of the Lincoln Memorial— thank the more than 296 Members of not far from where I stand today in the Congress who cosponsored this bill. tained so that this Nation could live up to its ideals of equality and justice for House Chamber—and declared that he H.R. 360 requests that Congress be- dreamed of a day where all people stow its highest civilian honor, the all. This Nation should never forget could coexist and thrive together in Congressional Gold Medal, to Addie peace and justice. The echo of his call Mae Collins, Denise McNair, Carole those who marched, those who prayed and died in the pursuit of civil rights for peaceful protest was still fresh in Robertson, and Cynthia Wesley, who the mind of millions when it was re- tragically lost their lives during the and social change. It is my sincere hope that their families will receive placed by the violent explosion at the bombing of the Sixteenth Street Bap- Sixteenth Street Baptist Church, tist Church in 1963. These beautiful this highest civilian honor in the hum- ble spirit in which it was intended. which injured dozens and killed the girls never got a chance to live out four innocent girls. Addie Mae Collins, their promise, but their lives were not I am delighted today to be joined by the sisters of Denise McNair and Carole Denise McNair, Carole Robertson, and in vain. As Dr. King said at their fu- Cynthia Wesley did not live to see Dr. neral, ‘‘They are the martyred heroines Robertson, and the president of the Birmingham Civil Rights Institute, King’s dream realized, but their tragic of a holy crusade for freedom and deaths catalyzed the civil rights move- human dignity.’’ who are all in the gallery as witnesses to this debate today. ment and produced a backlash against At 10:23 on Sunday, September 15, these unthinkable acts of violence 1963, amid high racial tensions, a bomb Mr. Speaker, I want to urge my col- leagues to vote in favor of this legisla- across the country. went off in the Sixteenth Street Bap- As we have seen in recent tragedies, tist Church as people gathered to wor- tion in honoring the lives of these four girls as we pay tribute to their families acts of violence often produce the op- ship for Sunday. The explosion killed posite outcome than that desired by four little girls who were in the base- and recognize the enormous progress that we as a Nation have obtained. the perpetrators. Less than 1 year after ment bathroom preparing to return for the bomb went off at the church, the Sunday school. Twenty-two people The SPEAKER pro tempore. The time of the gentlewoman has expired. Civil Rights Act passed out of this very were injured by the blast, including the Chamber and became law in 1964. A younger sister of Addie Mae Collins, Ms. SEWELL of Alabama. Mr. Speak- er, I yield myself 1 additional minute. year later, in 1965, this Chamber passed Sarah, who survived but lost her eye. and put into law the Voting Rights The senseless deaths of four little This recognition is long overdue, and I am grateful to this body for its con- Act. girls shocked the Nation and became a Today, the House continues to act. galvanizing force for the passage of the sideration during this 50th anniversary year. The legislation before us awards the Civil Rights Act of 1964. But, Mr. Congressional Gold Medal—which is Speaker, justice was long delayed be- Dr. King offered the best rationale for granting this Gold Medal in the eu- the highest civilian honor given by cause it wasn’t until 37 years later, on Congress—to the four girls whose sac- May 18, 2000, that all four Ku Klux Klan logy that he made at their funerals. He poignantly acknowledged: rifice advanced the march of freedom members who planted the bomb were in this country. Their memory is right- finally brought to justice for their History has proven over and over again that unmerited suffering is redemptive. The ly recognized by those who love justice, crimes. and it is befitting that we should honor These innocent girls lost their lives innocent blood of these girls may well have served as a redemptive force that will bring them with the highest recognition. much too young. Addie Mae Collins, 14, new light to this dark city. The Holy Scrip- I am proud to support this legislation was a reserved and sweet little girl. ture says, ‘‘A little child shall lead them.’’ and urge my colleagues to do the same. She liked for people to be at peace The death of these little children may lead Ms. SEWELL of Alabama. Mr. Speak- around her, they said. our whole Southland from the low road of er, I yield 2 minutes to the gentle- Denise McNair, 11 years old, was a man’s inhumanity to man to the high road of woman from California (Ms. WATERS). loving and friendly child who already peace and brotherhood. Ms. WATERS. I rise today in support exhibited a take-charge and generous I urge my colleagues to support this of H.R. 360. spirit, helping others as she went along Gold Medal bill so that this country The bill posthumously honors the the way. can finally recognize the redemptive lives of Addie Mae Collins, Denise

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.021 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2263 McNair, Carole Robertson, and Cynthia to shoulder with Congressman JOHN colleague, Congresswoman TERRI SE- Wesley who were tragically lost 50 LEWIS and other civil rights heroes who WELL, as well as the dean of our delega- years ago in the bombing of the Six- stood on the front lines and fought to tion, Congressman SPENCER BACHUS, teenth Street Baptist Church in Bir- change America for the better. We for their example of working together mingham, Alabama. The horror of this must never forget the hardships they hand in hand to bring this very appro- senseless act of violence stunned the confronted and sacrifices they made. priate bill to the floor for consider- Nation and served as a catalyst for the While reflecting on such moments in ation and for a vote. civil rights movement. our history, and by honoring those who While nothing that we do here will I would like to thank my colleagues come before us, I look forward to con- ever replace the loss of these four inno- on the Financial Services Committee, tinuing to focus on ways in which we cent young girls, especially to their especially Congresswoman TERRI SE- all can stand together once again and families and to their loved ones who WELL and Chairman Emeritus SPENCER continue to solve our Nation’s prob- have lived with a void in their hearts BACHUS, for their work to ensure that lems and move forward in unison. for the last 50 years, may this action these girls receive our highest civilian I would like to thank Congress- today ensure that their spirit lives on honor as we commemorate the 50th an- woman SEWELL, Congressman BACHUS, forever. niversary of their deaths. and the rest of the Alabama delegation With that, I urge the adoption of this The Sixteenth Street Baptist Church for their hard work on this matter and bill. was not an accidental bombing target bringing it forward. Ms. SEWELL of Alabama. Mr. Speak- for the perpetrators. Rather, members Ms. SEWELL of Alabama. Mr. Speak- er, I yield 1 minute to the distin- of the Ku Klux Klan deliberately tar- er, I yield 1 minute to the gentleman guished leader of the Democratic geted the church, designing their at- from South Carolina (Mr. CLYBURN), Party, the gentlelady from California tack to strike fear into the hearts of my mentor and a great leader. (Ms. PELOSI). Ms. PELOSI. Mr. Speaker, I thank those seeking equal rights. The church Mr. CLYBURN. Mr. Speaker, I rise in our distinguished colleague, Congress- was a known sanctuary for civil rights strong support of H.R. 360. This timely woman SEWELL, for yielding. legislation will provide for the post- leaders, including Dr. Martin Luther As you can see, there are many of us humous awarding of the Congressional King, the Southern Christian Leader- who are very eager. Our distinguished ship Conference, and the Congress on Gold Medal to Addie Mae Collins, Democratic whip, Mr. HOYER, and I Racial Equality which had become in- Denise McNair, Carole Robertson, and have had the privilege—he, more than volved in a campaign to register Afri- Cynthia Wesley. These four precious I—to travel to Alabama with JOHN girls were killed in the bombing of the can Americans to vote in Alabama. LEWIS. And thank you this morning for On that fateful morning of Sep- Sixteenth Street Baptist Church in informing the Members that that’s a tember 13, 1963, roughly 1 month after Birmingham, Alabama, 50 years ago transformative experience. Anybody the March on Washington, the girls this year. who travels there and sees what hap- went to Sunday school to hear a ser- b 1300 pened in the lifetime of many of us mon entitled ‘‘The Love that Forgives’’ 1963 was a pivotal year in the strug- here, and certainly in the lifetime of when the bomb exploded, killing them everyone’s parents here, in our very and injuring many others. The bombers gle for civil rights in our Nation. It marked 100 years after the Emanci- own country cannot help but be moved. had hidden under a set of cinder block So I’m pleased to be joining you, Con- steps on the side of the church, tun- pation Proclamation and was the year of Martin Luther King, Jr.’s, stirring gresswoman SEWELL, Mr. BONNER, Mr. neled under the basement, and placed a BACHUS, Mr. HOYER, Mr. BISHOP, and bundle of dynamite under what turned ‘‘Letter from Birmingham City Jail,’’ which sounded the call for nonviolent other colleagues in coming to the floor. out to be the girls restroom. Mr. Speaker, as we are all acknowl- civil disobedience to counter oppres- The cruelty and violence of this act edging, 50 years ago, on a Sunday sion in the Jim Crow South. In that shocked the Nation and drew inter- morning, four precious little girls letter, Dr. King famously proclaimed: national attention to the violent strug- walked into the Sixteenth Street Bap- gle for civil rights, inspiring a wave of Injustice anywhere is a threat to justice tist Church in Birmingham, Alabama, everywhere. legislative action in Congress. By 1964, the same day they did every week. Congress had passed the Civil Rights Mr. Speaker, as a veteran of those ef- These four little girls were there for Act, a landmark achievement in the forts, I know that the struggle for jus- Sunday school. They were not civil fight to outlaw discrimination. By 1965, tice, empowerment, and equal oppor- rights activists; they were not agi- Congress had passed the Voting Rights tunity for all continues to this day. tators or advocates. They had simply Act, which aimed to eliminate voting The SPEAKER pro tempore. The come to church to learn, to pray, to be restrictions that unjustly disenfran- time of the gentleman has expired. with their friends and classmates. chised qualified voters. Ms. SEWELL of Alabama. I yield the When you visit there, you see they I thank you, Ms. SEWELL, for your gentleman an additional 30 seconds. didn’t really have a chance. They were leadership on this issue and helping Mr. CLYBURN. I want to thank my in such close quarters when they went this Nation to remember what took colleague, Representative TERRI SE- down those steps and the rest. place on that day. WELL, for her leadership in this out- These four little girls did not enter Mr. BACHUS. Mr. Speaker, I now standing effort. Representative SEWELL the church seeking to become symbols yield 1 minute to the distinguished ma- has quickly made her mark in this in- of the struggle of equality; yet, in a jority leader, the gentleman from Vir- stitution for her tireless devotion to moment of brutal, horrific, unspeak- ginia (Mr. CANTOR). duty and her thoughtful approach to able tragedy, they would become icons Mr. CANTOR. I thank the gentleman. legislating. I am proud to join her in of a movement for justice. The names Mr. Speaker, I’m honored to stand this effort and urge all of my col- Addie Mae Collins, Denise McNair, Car- before the House today in support of leagues to support this legislation. ole Robertson, and Cynthia Wesley re- this award to honor Addie Mae Collins, Mr. BACHUS. Mr. Speaker, I now main seared in the hearts and minds of Cynthia Wesley, Carole Robertson, and yield 1 minute to the gentleman from us today as painful reminders of a dark Denise McNair by awarding them the Alabama (Mr. BONNER). moment in our history. Congressional Gold Medal. Mr. BONNER. Mr. Speaker, this is For their families, for their friends, The 50th anniversary of the attack on the right thing to do at the right time for their loved ones, their loss in a the Sixteenth Street Baptist Church in and for the right reasons. Hopefully, in bombing at the Sixteenth Street Bap- Birmingham is a strong reminder of some small way, this legislation will tist Church would change their world how many people fought and died in bring some form of closure to a cow- forever. Yet even at that time of great the civil rights movement so that this ardly act, one so outrageous that it be- change across our country, little did country could live up to its founding came a turning point in the passage of we know that their deaths would ideals of equality and opportunity. the historic Civil Rights Act of 1964. change our world forever too. On a recent trip to Selma, Alabama, On behalf of the people of Alabama, I Among the many milestones of the I had the opportunity to stand shoulder want to say a special thank you to our civil rights movement, September 15,

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.023 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2264 CONGRESSIONAL RECORD — HOUSE April 24, 2013 1963, may be bestowed with some of the lins, Denise McNair, Carole Robertson, The SPEAKER pro tempore. The greatest pain and anguish. But it was and Cynthia Wesley, who lost their time of the gentleman has expired. on that day, as this resolution states: lives at the Sixteenth Street Baptist Mr. BACHUS. I yield the gentleman The world took notice of the violence in- Church in Birmingham. an additional 2 minutes. flicted in the struggle for equal rights. What we do here today honors these Mr. HOYER. Their names have been It was that day that stirred the con- four innocent young girls, whose lives mentioned but warrant re-mentioning: science of our Nation, galvanized the were sacrificed in an act of hatred and Addie Mae Collins, Cynthia Wesley, forces of justice, and spurred the mo- of violence. And no doubt their deaths, Carole Robertson, and Denise McNair— mentum to pass the Civil Rights Act as has been mentioned, marked a sig- four of God’s children, four beautiful and the Voting Rights Act—landmark nificant turning point in the civil assets of America. steps in righting the wrongs in our rights movement of the 1960s. If you go down into the basement of country’s past. As Congressman BACHUS mentioned the church, you see their pictures, you It was on that day that the Sixteenth in his opening remarks, these four see the memorial—and your heart Street Baptist Church became a sym- young girls, who ranged in age from 11 cries. They were brutally murdered bol in the cause of human rights and to 14, were walking into the basement while attending Sunday school, as the human dignity, from the streets of Bir- of the Sixteenth Street Baptist Church leader, SPENCER BACHUS, and as TERRI mingham to communities nationwide. to hear a sermon that was ironically SEWELL have related. It was that day that once again rein- entitled, ‘‘The Love That Forgives.’’ My colleagues, let us honor their forced what Dr. Martin Luther King, Though they could not have known at lives and their faith in the face of the Jr., just weeks earlier, called the the time, these four little girls changed evil of segregation and prejudice and ‘‘fierce urgency of now.’’ the course of history for our Nation. hate. Let us remember the words of Dr. These four girls made the ultimate Addie Mae Collins, Denise McNair, Car- Martin Luther King, Jr., from the fu- sacrifice in the battle for civil rights, ole Robertson, and Cynthia Wesley’s neral of three of those four little girls. joining too many fellow Americans in young lives were cut short on Sep- He said this: paying for freedom with their lives. tember 15, 1963, but their legacy still They have something to say to each of us This weekend, I will join the South- lives on today, especially with what we in their death. Their death says to us that ern Poverty Law Center to rename and do here, by the Congressional Medal of we must work passionately and Honor, which is America’s highest ci- unrelentingly for the realization of the rededicate the Civil Rights Memorial American Dream. in Montgomery, Alabama. This memo- vilian honor. That fight began with the Declara- rial is a tribute to 40 individuals killed 1310 b tion of Independence: that we hold during the struggle. It is a place to re- I want to thank my colleague Ms. SE- these truths to be self-evident, that all member the fallen, to take heed of WELL for her leadership on this bill, men—and, surely, Jefferson meant their message, to deepen our under- and I am a proud supporter of H.R. 360. mankind, women as well—are endowed standing, and to renew our commit- I also thank Mr. BACHUS for this time by God, not by the Constitution and ment to equal rights under the law. to speak on the legislation. not by our votes on this floor, with cer- They were four small little children Ms. SEWELL of Alabama. Mr. Speak- tain unalienable rights, that among going to church—four students, four er, I now yield 2 minutes to the distin- these are life, liberty and the pursuit of daughters, four members of a tight- guished Democratic whip, my dear happiness. knit community in Birmingham. Four friend, the gentleman from Maryland These four little girls had those lives ended too soon; four victims to (Mr. HOYER). robbed that day. Let us recommit our- the forces of hatred and prejudice, rac- Mr. HOYER. I thank Congresswoman selves. Let us recommit ourselves to ism, and injustice. Their senseless and SEWELL for her leadership and for that proposition and to unrelentingly premature deaths ignited the fires of yielding this time, and I thank my and courageously ensure that that progress and fanned the flames of good friend SPENCER BACHUS for his dream, that that promise is fulfilled for equality. leadership as well, and I congratulate all of the little children of this Nation I thank the gentlelady, one of our him and his family for the courage and for all the adults as well. new, not brand-new, but newer Mem- they showed at a time of great stress Let us pass this bill, Mr. Speaker, bers of Congress, for coming here and that this Gold Medal reflects. and send a message that we will never, ACHUS Mr. Speaker, the recognition for the joining with colleagues Mr. B , ever forget their memory. Mr. BONNER, certainly JOHN LEWIS, and victims of this terrible tragedy that be- The SPEAKER pro tempore. The gen- Members of Congress not representing fell our whole country on September tlewoman from Alabama has 51⁄2 min- Alabama, but from Alabama. As the 15, 1963, is absolutely appropriate, and utes remaining. The gentleman from resolution that she presents declares, it is an opportunity for us to say once Alabama has 101⁄2 minutes remaining. the legacy that these four little Black again the respect we have for these Mr. BACHUS. Mr. Speaker, I would girls left will live in the minds and young girls, the respect we have for like to acknowledge and thank Mr. hearts of all for generations to come. their families. I say ‘‘our whole coun- HOYER for his recognition of my fa- To honor that legacy, to cherish try’’ because a wound opened in the ther’s role, of our family’s. I am very their memories, to inscribe their soul of America that day from a hei- proud of my father and the courage he names once more in the pages of his- nous act of racism and terror. showed. tory, it is only fitting to bestow our Those who set a bomb inside the Six- At this time, I yield 21⁄2 minutes to highest civilian honor, the highest teenth Street Baptist Church that Sun- the esteemed chairman of the Finan- honor that Congress can bestow on a day did so because they believed in a cial Services Committee, the gen- civilian, the Congressional Gold Medal, Nation where not all are created equal, tleman from Texas (Mr. HENSARLING). on these four Americans. That will be a where not all are entitled to life and Mr. HENSARLING. I thank the gen- glorious day in the Capitol when we all liberty. On that day, many Americans tleman for yielding. come together under the rotunda, who had turned away with indifference I rise in strong support of H.R. 360 to under the dome of the Capitol, to re- could no longer look away. posthumously bestow Congress’ highest member them. I hope that is a comfort Since that day, we have forcefully de- civilian honor to Addie Mae Collins, to their families. They gave so much. clared to future generations that Cynthia Wesley, Carole Robertson, and So much sprang from that, and we will America will not be that Nation that Denise McNair. always remember. looks away. In America, we strive to I also want to commend my two col- Mr. BACHUS. Mr. Speaker, I now protect our children from hurt and leagues on the Financial Services Com- yield 2 minutes to the gentleman from harm no matter the color of their skin, mittee—Ms. SEWELL and our chairman Alabama (Mr. ADERHOLT). their faith, their national origin. We emeritus, Mr. BACHUS, both from Ala- Mr. ADERHOLT. Mr. Speaker, I rise hold fast to the values and memory of bama—for bringing this bill before the today to join my colleagues, as men- these four little girls who were killed House. tioned, in support of H.R. 360, and to that day, not the twisted, warped, Mr. Speaker, I was a mere child when honor the memory of Addie Mae Col- hateful ideals of their killers. these innocents were murdered. I am

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.024 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2265 no longer a child, but I’m the father of dent that helped transform the history of our ment. I also joined Members of Con- two small children—a 9-year-old and an nation and for giving the victims of this attack gress in the annual pilgrimage across 11-year-old. I cannot imagine the un- the recognition for which they are long over- the Edmund Pettus Bridge in Selma, speakable horror of knowing that my due. Alabama, the event that marked the children were in church and that one of I remember the day of this tragic incident, beating of peaceful voting civil rights the great acts of evil known in our Na- and my thoughts and prayers continue to be marchers, known as Bloody Sunday, on tion’s history could be perpetrated with the families of the victims of this sense- March 7, 1965. And the pilgrimage was upon them. less act of violence. meaningful, as other Members of Con- That act 50 years ago jarred millions The Sixteenth Street Baptist Church bomb- gress and I reflected together on how in our Nation to the realization that ing changed the nature of the conversation in far we’ve come as a country. racial prejudice and hatred had just Congress, which had stagnated in the 1950s Bloody Sunday and the Sixteenth manifested itself in pure, unimaginable and early 1960s. Street Baptist Church bombing remind evil. Within a year, this body had With the strong leadership of Dr. Martin Lu- us of the long and difficult struggle to passed the 1964 Civil Rights Act. ther King, Jr., and other leaders in civil soci- end segregation; and it is immensely In his eulogy for these four little ety, those four little girls did not die in vain. important, Mr. Speaker, that we com- girls, Dr. Martin Luther King, Jr., said: The Birmingham bombing galvanized the memorate these moments and these These children—unoffending, innocent and nation and gave real urgency to the Civil four little girls, that they led to the beautiful—were the victims of one of the Rights movement, which culminated in the advancement of civil rights for the Af- most vicious, heinous crimes ever per- signing of the Civil Rights Act of 1964 less rican American community and for our petrated against humanity. Yet, they died than a year later, and the Voting Rights Act of entire country. nobly. They are the martyred heroines of a 1965 after that. Again, I urge passage of the bill. holy crusade for freedom and human dignity. I was proud to stand with President Lyndon Mr. BACHUS. Mr. Speaker, I ask I certainly cannot add to the words Johnson as he signed the Civil Rights Act of unanimous consent that 4 minutes of of this great American hero, martyred 1964 because nothing is more important than my time be given to Ms. SEWELL to himself. ensuring that the rights enshrined in our Con- manage, and I reserve the balance of I will just end by saying, Mr. Speak- stitution are granted to everyone in our soci- my time. I do that in acknowledgement er, it is a good and right thing that this ety. of her fine work on this legislation and body honor these innocent children In many respects, the movement that was those of her colleagues who visited the martyrs, that we never forget, that we sparked by this tragic bombing 50 years ago church. always confront evil, and although our continues today. We must continue to make The SPEAKER pro tempore. Is there Nation was founded on noble prin- every effort to rid our nation of discrimination objection to the request of the gen- ciples, we must never cease the work of of any kind. tleman from Alabama? making America a more perfect Union. There was no objection. Our work today goes beyond voting rights or Ms. SEWELL of Alabama. Mr. Speak- With the passage of this bill, I think we the right to own property. The battle we must er, I want to thank the gentleman from do one small act to do that. focus on now is one of social justice. Alabama. It has been a pleasure to not Ms. SEWELL of Alabama. Mr. Speak- Americans of all walks of life deserve to be only represent Jefferson County with er, I yield 1 minute to the dean of the treated fairly and decently, whether it’s in the him, but to serve in this body with House, the gentleman from Michigan workplace, in our businesses, or in political him. And I thank you for yielding me (Mr. DINGELL). discourse. that time. (Mr. DINGELL asked and was given As we reflect on this tragedy, let us not for- I now yield 2 minutes to the distin- permission to revise and extend his re- get Dr. King’s wise words, which he penned guished gentleman from Georgia (Mr. marks.) from a Birmingham Jail 50 years ago this LEWIS); and while he may represent Mr. DINGELL. Mr. Speaker, I com- month. Georgia, we claim him as Alabama’s mend the sponsors of this legislation, He said, ‘‘Injustice anywhere is a threat to native. and I urge the adoption of the bill. justice everywhere.’’ Mr. LEWIS. Mr. Speaker, I want to Mr. BACHUS. Mr. Speaker, I now It is appropriate that we should thank my friends, Congresswoman SE- yield 11⁄2 minutes to the gentleman honor these four young girls who gave WELL and Congressman BACHUS. so much to the cause of civil rights. from Pennsylvania (Mr. FITZPATRICK), It is true that I grew up in Alabama, They gave their lives. who has visited the Sixteenth Street and I represent Georgia, but Alabama Just before this event, we had passed Baptist Church with us, and I thank is in my blood. the Civil Rights Act of 1957. Imme- him for doing that. I want to thank the two of you for diately thereafter, we passed legisla- Mr. FITZPATRICK. I thank my bringing this resolution forward to tion, cosponsored by the gentleman friend from Alabama (Mr. BACHUS). honor these four beautiful little girls from Tennessee (Mr. Loser) and me, Mr. Speaker, I rise also to urge pas- killed by a bomb while attending Sun- which made it a crime to travel in sage in support of the bill as we com- day school on September 15, 1963, at interstate commerce for the purpose of memorate the Sixteenth Street Baptist the Sixteenth Street Baptist church. destroying buildings or churches. Church bombing in Birmingham. On that Sunday, when I heard about Shortly thereafter, outraged by the It was a Sunday morning. It was Sep- the bombing that morning, I traveled events that took place on this awful tember 15, 1963. And I think it’s appro- to the city of Birmingham and stood day, the Congress passed the ’64 and priate that we mention their names outside of the church with my friend then the ’65 Civil Rights Acts. again: Addie Mae Collins, Cynthia Wes- and my coworker, Julian Bond. We ley, Carole Robertson, and Denise b 1320 stood and we looked at the church. McNair. Later, I had an opportunity to attend These four beautiful children contrib- They were entering their church be- the funeral of three of the little girls. uted in a most meaningful way to fore the 11 a.m. service when a bomb That bombing took place 18 days those events which caused the legisla- detonated on the church’s east side, after Martin Luther King, Jr., had tion to become law, and they saw to it and the explosion killed all four young stood here in Washington and said: ‘‘I that we honor their doings today with girls and maimed dozens of the parish- have a dream, a dream deeply rooted in enactment of this legislation. ioners there. the American Dream.’’ I rise in support of H.R. 360, legislation to The bombing of that church gave fur- That was a sad day. It tore out the award a Congressional Gold Medal to four ther momentum in the struggle to end essence of our hearts. But we didn’t brave little girls who tragically lost their lives segregation and helped to spur support give up. We didn’t become bitter. We 50 years ago in the bombing of the Sixteenth for the passage of the landmark Civil didn’t become hostile. We continued. Street Baptist Church in Birmingham, Ala- Rights Act right here in this Chamber. Because of what happened in Bir- bama. Last month, many of us were honored mingham, it inspired us to go to Selma I want to thank the gentlewoman from Ala- to commemorate that event and an- to fight for the right to vote. bama, Congresswoman SEWELL, for bringing other event that served as a catalyst I think we’re doing the right thing the attention of Congress to this fateful inci- for action in the civil rights move- today by honoring these four little

VerDate Mar 15 2010 03:24 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.027 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2266 CONGRESSIONAL RECORD — HOUSE April 24, 2013 girls. They must be looked upon as living room with some friends and they The SPEAKER pro tempore. Is there those who gave their very lives, gave were crying. We didn’t know what hap- objection to the request of the gen- their blood to help redeem the soul of pened, and she said that they had tleman from Alabama? America and move us closer to a be- killed some little black girls down in There was no objection. loved community. Birmingham. The SPEAKER pro tempore. The gen- I wonder sometimes why, what, and I had no idea that I would eventually tlewoman from Alabama controls the how. We’re a different country and become deeply involved in the South- remaining 5 minutes. we’re a better country because they ern Christian Leadership Conference, Ms. SEWELL. I again thank the gen- gave their all. and I realized later that the reason for tleman from Alabama. It is indeed an Ms. SEWELL of Alabama. Mr. Speak- the bombing of the Sixteenth Street honor to be able to manage the floor with you on this bill and cosponsor it er, I yield 11⁄2 minutes to another na- Baptist Church is that it had been the tive of Alabama who happens to rep- headquarters, the meeting place of the with you, and I thank you for your gen- Southern Christian Leadership Con- erosity. resent Georgia, the gentleman from 1 ference led by Martin Luther King, Jr.; At this time I yield 1 ⁄2 minutes to Georgia (Mr. BISHOP). the distinguished gentlelady from Mr. BISHOP of Georgia. I thank the the vice president, Ralph David Aber- Texas (Ms. JACKSON LEE). gentlelady for yielding. nathy, and my father in the ministry, who wrote to me, ‘‘I am your Paul; you Ms. JACKSON LEE. Mr. Speaker, Alabama named me, but Georgia often we are taught in the Christian are my solace.’’ And there was also claimed me. Baptist and African American tradi- Reverend Fred Shuttlesworth, who I remember vividly the Sunday of the tion, which is paraphrasing the words says he taught me how to preach. bombing as a young boy in Mobile, Ala- of the Bible, give honor unto those bama. I’m reminded of the words of b 1330 upon whom honor is due. For that rea- James Weldon Johnson: They met there, and that was reason son, I can give tribute to the two Mem- Stony the road we trod, enough to blow up that building and bers of Congress without reservation Bitter the chastening rod, kill these little girls, innocent little for recognizing the importance, both Felt in the days when hope unborn had Congresswoman SEWELL and Congress- died; girls. man BACHUS, for giving honor to those Yet with a steady beat, I was pleased in 1979 when Richard Have not our weary feet. Arrington was elected mayor of Bir- families who languished for over 50 Come to the place for which our fathers mingham. And I remember thinking years and wondered did anybody care. sighed? Fred Shutterworth had coined the term We thank Congresswoman SEWELL for We have come over a way that with tears ‘‘Bombingham’’ because his own home her great leadership and Congressman have been watered, was blown to bits; and on the day Rich- BACHUS for joining and exuding the We have come, treading our path through ard Arrington, a Black man, was elect- kind of partnership, the spirit of his the blood of the slaughtered, ed mayor, I said, ‘‘It is no longer family tradition against all adversity, Out from the gloomy past, Bombingham; it is now Birmingham.’’ saying I want to join and to speak of Till now we stand at last, Ms. SEWELL, congratulations to you. nonviolence. Where the white gleam of our bright star is I rise today with great enthusiasm cast. This should be done, it is being done, and it furthers the way of that name for H.R. 360 and say to the family mem- Addie Mae Collins, Denise McNair, from ‘‘Bombingham’’ to ‘‘Bir- bers, the sisters, the friends of Addie Carole Robertson, Cynthia Wesley: four mingham.’’ Mae Collins, Carole Robertson, Cynthia little girls are bright stars in the con- Mr. BACHUS. Mr. Speaker, I yield Wesley, and Denise McNair, it has been stellation shining down now as beacons myself 1 minute. too long. of light for freedom and justice. What we need to fully realize is that And so we rise today to be able to So today, 50 years after the senseless the civil rights victories were achieved make amends for justice that had not bombing in Birmingham, it’s alto- with the guiding principle of non- been served because of the callousness gether fitting and proper that we violence. There are many regions and and indifference, sometimes of crimi- should look back and commemorate nations of the world that have been nal collusion, and many times the lack the significance of the sacrifice of trapped in endless cycles of ethnic and of enforcement of devastation against these young girls, these four young political violence across multiple gen- coloreds, Blacks, Negroes, and African lives. erations that have torn the fabric of Americans. There was an era that we Truly, it was a turning point; and the their societies and families. We always look sadly upon; but now today, in the murder of these youngsters, whose only like to think that could never happen spirit of Dr. King’s message of non- crime was going to the bathroom in here. It did not happen during the civil violence, we are able to say yes, pro- church, sparked a Nation not only to rights movement because of the prin- foundly yes. The SPEAKER pro tempore. The mourn the death of innocence, but to ciple of nonviolence. act to quell the turmoil and to move us I journeyed, at JOHN LEWIS’ invita- time of the gentlewoman has expired. Ms. SEWELL. I yield an additional 30 toward freedom. tion, to India where we retraced the I’m happy to join my colleagues, seconds to the gentlelady. steps of Martin Luther King as he re- Ms. JACKSON LEE. I thank the gen- Congresswoman SEWELL, Congressman traced the journey of Ghandi. Dr. King tlelady for her kindness. BACHUS, and all of the colleagues here took his own religious convictions, af- We are able to now say profoundly to in this House, to appropriately pass firmed and strengthened by those of these girls’ relatives that we honor the legislation to award the Congressional Ghandi, and brought back a powerful children who lost their future. We Gold Medal to these four young mar- nonviolent movement which overcame honor them by saying to their families, tyrs in the fight for freedom. police dogs, water hoses, brutal beat- We care for you. And in the words of Ms. SEWELL of Alabama. Mr. Speak- ings, bombs, bullets, and acts of vio- John F. Kennedy: er, I yield 11⁄2 minutes to the former lence in a nonviolent way. And love We are confronted primarily with a moral chair of the Congressional Black Cau- carried the day against hate. That was issue. It is as old as the Scriptures, and it is cus, the gentleman from Missouri (Mr. a proud moment for our country, and it as clear as the American Constitution—jus- CLEAVER). is a model as we go forward. tice delayed is sometimes justice denied. Mr. CLEAVER. Mr. Speaker, I say We in America have the right to peti- But as Martin Luther King said in congratulations to Ms. SEWELL and Mr. tion our government in a peaceful way. the Birmingham jail: ‘‘Go wherever in- BACHUS. Let us use that example and that tradi- justice is.’’ I had returned home from a movie. If tion. Today on the floor of the House, we we went to church, we had the oppor- With that, Mr. Speaker, I ask unani- will remedy injustice. I’m delighted to tunity to do other things; and I went mous consent to yield the balance of be a supporter and cosponsor of this on to church, and so my parents al- my time to the gentlewoman from Ala- great resolution. lowed me to go to the movies. bama to manage as she sees fit and Ms. SEWELL of Alabama. I yield 2 When my sisters and I walked back give her the right to close, which I minutes to the gentleman from Illinois into the house, our mother was in the think should be her honor. (Mr. DANNY K. DAVIS).

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.030 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2267 (Mr. DANNY K. DAVIS of Illinois Rob Langford and local African-American vention and Public Health Fund to carry out asked and was given permission to re- leaders. In 2001 and 2002 a joint Federal and the temporary high risk health insurance vise and extend his remarks.) State task force, under the supervision of pool program for individuals with pre- Mr. DANNY K. DAVIS of Illinois. Mr. existing conditions, and to extend access to United States Attorney Douglas Jones and such program to such individuals who have Speaker, I want to thank the gentle- Alabama Attorney General William Pryor, suc- had creditable coverage during the 6 months woman from Alabama for yielding me cessfully prosecuted Thomas Blanton and prior to application for coverage through this time. I want to commend her for Bobby Frank Cherry with the assistance of such program. The first reading of the bill her leadership and commend the lead- State and local law enforcement personnel. shall be dispensed with. All points of order ership of Representative BACHUS from We in Alabama and the Nation Owe a Debt of against consideration of the bill are waived. Alabama. Gratitude for the tireless efforts of then Attor- General debate shall be confined to the bill I remember that day vividly as a ney General Bill Baxley, FBI Special Agent and shall not exceed one hour equally di- vided and controlled by the chair and rank- young activist at the time. We thought Rob Langford, Local African-American leaders, it was unbelievable that this kind of ing minority member of the Committee on United States Attorney Douglas Jones, and Energy and Commerce. After general debate tragedy could take place. But I think it Alabama Attorney General William Pryor as the bill shall be considered for amendment reminds all of us that yesterday is yes- well as those state and local law enforcement under the five-minute rule. In lieu of the terday. We look forward to tomorrow, personnel who brought these perpetrators to amendment in the nature of a substitute rec- and I again commend the gentlewoman justice. ommended by the Committee on Energy and from Alabama and Mr. BACHUS for re- Mrs. CAROLYN B. MALONEY of New York. Commerce now printed in the bill, it shall be minding us of that time and what can Mr. Speaker, I rise as a supporter of today’s in order to consider as an original bill for the happen when we join hands together. purpose of amendment under the five-minute legislation that would award a Congressional rule an amendment in the nature of a sub- And so I thank you both. Gold Medal to commemorate the lives of Ms. SEWELL of Alabama. Mr. Speak- stitute consisting of the text of Rules Com- Addie Mae Collins, Denise McNair, Carole mittee Print 113-8. That amendment in the er, I yield 1 minute to the distin- Robinson and Cynthia Wesley. nature of a substitute shall be considered as guished gentlewoman from Texas (Ms. This year we commemorate the 50th anni- read. All points of order against that amend- EDDIE BERNICE JOHNSON). versary of the atrocious bombing of the 16th ment in the nature of a substitute are Ms. EDDIE BERNICE JOHNSON of Street Baptist Church in Birmingham, Alabama waived. No amendment to that amendment Texas. Mr. Speaker, I think many that killed these four little girls on their way to in the nature of a substitute shall be in order times people wonder why so often we except those printed in the report of the Sunday School. While nothing can bring these Committee on Rules accompanying this res- go back and give homage to our past. innocent victims back, today we honor their It’s because we still suffer the damages olution. Each such amendment may be of- legacy with this bill to award them Congres- fered only in the order printed in the report, of the past. And we don’t forget the sional Gold Medals. may be offered only by a Member designated families that have given up so much Earlier this year I attended the anniversary in the report, shall be considered as read, just for us to be able to vote. And we of Freedom March in Selma. It was a moving shall be debatable for the time specified in still struggle for that vote. We still experience. The stories of the struggle for civil the report equally divided and controlled by struggle for the right to vote, but we rights remind us to continue to fight for the the proponent and an opponent, shall not be must continue. And I want to say to subject to amendment, and shall not be sub- rights and freedoms of all Americans. Today ject to a demand for division of the question these families, and I know some of we take another step forward by honoring them personally, how much we appre- in the House or in the Committee of the these four innocent girls who lost their lives on Whole. All points of order against such ciate the fact that they have been loyal that fateful day, 50 years ago. amendments are waived. At the conclusion to the cause, loyal to this country, of consideration of the bill for amendment loyal to our military, and stand strong b 1340 the Committee shall rise and report the bill today. And so I want to thank you very The SPEAKER pro tempore. The to the House with such amendments as may much for giving honor. I thank my col- question is on the motion offered by have been adopted. Any Member may de- league. the gentleman from Alabama (Mr. mand a separate vote in the House on any amendment adopted in the Committee of the Ms. SEWELL of Alabama. Mr. Speak- BACHUS) that the House suspend the Whole to the bill or to the amendment in the er, I want to conclude by thanking all rules and pass the bill, H.R. 360, as of my colleagues, especially my col- nature of a substitute made in order as origi- amended. nal text. The previous question shall be con- leagues from Alabama, and all of my The question was taken. sidered as ordered on the bill and amend- colleagues who have participated in to- The SPEAKER pro tempore. In the ments thereto to final passage without inter- day’s debate. It is indeed an honor and opinion of the Chair, two-thirds being vening motion except one motion to recom- a privilege for me, a native of Selma, in the affirmative, the ayes have it. mit with or without instructions. Alabama, a 30-year member of Brown Ms. SEWELL of Alabama. Mr. Speak- The SPEAKER pro tempore. The gen- Chapel AME Church, to have the hum- er, on that I demand the yeas and nays. tleman from Texas is recognized for 1 ble honor to be a sponsor of this bill. The yeas and nays were ordered. hour. I know that I drink deep from wells The SPEAKER pro tempore. Pursu- GENERAL LEAVE that I didn’t dig, my whole generation ant to clause 8 of rule XX, further pro- Mr. BURGESS. Mr. Speaker, I ask does. It is a long time overdue, but I ceedings on this motion will be post- unanimous consent that all Members just want to say humbly, Thank you, poned. have 5 legislative days to revise and ex- and I urge all of my colleagues to sup- f tend their remarks. port H.R. 360. And again, I thank the The SPEAKER pro tempore. Is there gentleman from Alabama (Mr. BACH- PROVIDING FOR CONSIDERATION objection to the request of the gen- US). It has been an honor to serve with OF H.R. 1549, HELPING SICK tleman from Texas? you and to share this time with you. AMERICANS NOW ACT There was no objection. I yield back the balance of my time. Mr. BURGESS. Mr. Speaker, for the Mr. BURGESS. Mr. Speaker, by di- Mr. BACHUS. (Mr. Speaker, it is important purpose of debate only, I yield the cus- rection of the Committee on Rules, I to remember that the 4 men suspected of the tomary 30 minutes to the gentlelady call up House Resolution 175 and ask bombing, Bobby Frank Cherry, Herman Cash, from New York (Ms. SLAUGHTER), pend- for its immediate consideration. Thomas Blanton, and Robert Chambliss, were ing which I yield myself such time as I The Clerk read the resolution, as fol- not immediately prosecuted because authori- may consume. During consideration of lows: ties believed it impossible to obtain a convic- this resolution, all time yielded is for tion in the heated racial climate of the mid- H. RES. 175 the purpose of debate only. 1960s. Alabama Attorney General Bill Baxley Resolved, That at any time after the adop- House Resolution 175 provides for a successfully prosecuted Robert Chambliss 13 tion of this resolution the Speaker may, pur- structured rule for consideration of suant to clause 2(b) of rule XVIII, declare the H.R. 1549. The rule provides for 1 hour years after the bombing. After the indictment House resolved into the Committee of the and conviction of Robert Chambliss the bomb- Whole House on the state of the Union for of general debate equally divided by ing investigation was closed. The investigation consideration of the bill (H.R. 1549) to amend the chair and the ranking member of was reopened in 1995 due to the efforts of Public Law 111-148 to transfer fiscal year 2013 the Committee on Energy and Com- Federal Bureau of Investigation Special Agent through fiscal year 2016 funds from the Pre- merce.

VerDate Mar 15 2010 03:24 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.032 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2268 CONGRESSIONAL RECORD — HOUSE April 24, 2013 The rule makes in order two amend- this program was intended to help indi- I will also note that unlike many of ments, one Republican, one Demo- viduals with preexisting conditions the complaints that the Preexisting cratic, with 10 minutes of debate for through the 1st of January of 2014. Condition Insurance Program has each. Further, the rule provides for one Despite lower than expected enroll- faced, that bill, as well as the bill that motion to recommit with or without ment, the Centers for Medicare & Med- we are considering today, did not re- instructions. icaid Services announced that it will quire those with preexisting conditions Mr. Speaker, I rise today in support no longer enroll new individuals in the to jump through hoops or to remain of the rule and the underlying bill. The program, and it will bar States from uninsured for 6 months before being el- underlying legislation is a needed piece accepting new applications because of igible for coverage. On the other hand, of relief for the hundreds of thousands their financial constraints. instead of making sick Americans a of Americans who were promised by According to a report from The priority, the administration is telling their President that they would be cov- Washington Post: them to just give us 10 more months. ered under the Affordable Care Act’s Tens of thousands of Americans who can- Well, what a striking comparison. Preexisting Condition Insurance Plan not get health insurance because of pre- There are always stories of those who and then were told, as of February 1 of existing medical problems will be blocked have done the right thing and insured this year, Sorry, we’re closed. This is from the program that was actually designed themselves and then, for whatever rea- one of the many promises the Presi- to help them. son—falling on bad luck or hard dent made that he has failed to uphold. On March 5, along with Republican times—have fallen out of the system, In response to the President’s failed leadership and the leadership from the usually because of a job loss, they get promise, Chairman JOE PITTS intro- Energy and Commerce Committee, we a medical diagnosis, and when their duced H.R. 1549, the Helping Sick wrote to the President. We let him employment status changes, they find Americans Act, to continue to provide know that this was not right. We let themselves forever locked out of cov- insurance for those Americans who are him know that, while we may have de- erage. Those were the stories that peo- most in need of immediate care. And to signed the preexisting pool differently, ple thought of when they did say they pay to give those most vulnerable pa- Republicans have supported risk pools, wanted something done about this tients insurance and care, we use the and that he could easily use funds from issue. Prevention and Public Health Fund, an other accounts in the Affordable Care I might add that when the Affordable allocation of money that should be Act like the Prevention and Public Care Act was passed, the administra- tion and congressional Democrats vast- going to help patients, but it’s instead Health Fund. But so far, the response ly oversold this concept. We were told being used for administrative costs to to our letter from the President is zero. time and again there were 8 to 12 to 15 set up the exchanges that won’t be on- I support prevention activities. As a million people wandering the country line for some time now and for glossy doctor, I know it’s better to keep a per- with some type of preexisting condi- brochures to extol their virtues. The son well than to treat an illness; and to tion that were excluded from coverage. money could be used to help people anyone across the aisle, we’ve dem- It’s interesting that now, here we are 3 now, and that’s why Republicans are onstrated this in the past. If we want years later, spending $5 billion and here today. to modernize government programs they’ve enrolled a hundred thousand The Affordable Care Act created the where they have fallen behind private people in the program. But it’s a hun- new Preexisting Condition Insurance insurers and employers in avoiding dis- dred thousand people with a very com- Plan, which was, arguably, duplicative ease and getting people more involved pelling story. of actions taken by 35 States prior to in their health care, we’re here to talk. We were told by the American people 2010 that were operating risk pools, b 1350 they wanted us to fix this problem, that were operating re-insurance pro- But the prevention fund has been they didn’t want us to screw up the grams and served over 200,000 Ameri- rest of the country’s health care, and cans. used in a haphazard way, with no uni- fied vision and in many ways that are they wanted some help on cost. But, It has been shown that State-based unfortunately, we failed on every one programs play an important role in quite questionable, with the mere hope, with the mere aspiration that 10 years of those counts. lowering costs across markets and then Since the administration has cut off from now we can look back and think providing coverage options for those enrollment, how many people have that we’ve made a difference. But it’s with preexisting conditions. In some signed into or aged into the 6-month really something I cannot support States, those plans merged with the exclusion that would otherwise be able when we are $17 trillion in debt and Federal plan into an existing high-risk to sign up? The fact is we don’t know. pool. In other States, like Texas, the sick Americans are being turned away But we had a hearing 4 weeks ago Federal plan operates in parallel to the from an insurance coverage that they where we heard from some of these peo- State’s pool. were promised by the President. ple. They do have compelling stories. But whether the States merged their As a physician, ensuring those with How many were awaiting coverage but pools, adopted a State-administered preexisting conditions have access to are now told, especially in States preexisting plan, or whether the Fed- quality and affordable health insurance where the Federal preexisting program eral preexisting plan is the only option, is a priority. As much as I believe that is the only option, you just wait until this program is the only answer for the Affordable Care Act stretched the 2014. So do the best you can with what those who have found themselves un- bounds of constitutionality—and I still you’ve got between now and then. able to purchase insurance on their do—I was concerned that if the Su- I will admit that many of the current own because of a medical condition. preme Court had invalidated the law State-based programs are underfunded Shortly after the passage of the Pa- last summer, those who were in this and lacking the ability to meet their tient Protection and Affordable Care new Federal preexisting pool would needs. It is costly to deal with this pop- Act, the chief actuary for the Centers have had the rug pulled out from under ulation of patients. I was prepared in for Medicare & Medicaid Services esti- them and they could have been barred the bill that I offered last summer to mated that the creation of this pro- from merging into their States’ pool authorize $30 billion to provide cov- gram would result in roughly 375,000 because of the previously provided cov- erage. House Republicans supported $25 gaining coverage in 2010. However, to erage. billion in our substitute to the Afford- date, only 107,000 individuals were en- That’s why, to ensure that that did able Care Act back in November of rolled in the program as of January 1 not happen, I was prepared to answer 2009. of this year. that challenge, had it arisen, by intro- H.R. 1549 will redirect $3.5 billion On February 15 of this year, the Cen- ducing legislation prior to the Court’s from the Prevention and Public Health ters for Medicare & Medicaid Services decision to provide States with the fi- Fund and then eliminate the fund in announced to States that the agency nancial backing to decide how best to 2016. The Congressional Budget Office was suspending enrollment in the Pre- provide coverage for this population estimates that, unlike the authors of existing Condition Insurance Program. through some type of risk pool, rein- the Affordable Care Act, we have pro- Very little was said of the fact that surance, or other innovative method. vided enough funding to meet the needs

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.034 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2269 of the program through the end of the law; and today is a telling example of proposal with money from a different year, while ultimately reducing the the majority’s failure to lead. program in the Affordable Care Act. deficit. Furthermore, once the ‘‘train In news reports earlier this morning, Specifically, the majority wouldn’t be wreck’’ of failed implementation oc- we were told that today’s bill, dubbed removing $4 billion from the Preven- curs, the amendment that Mr. PITTS by reporters as ‘‘CantorCare,’’ may tion and Public Health Fund. This is a plans to offer would provide an escape even be pulled before it gets a vote. fund that is already helping States re- valve for Americans with a preexisting One Member of the majority was pur- search ways to reduce instances of can- condition by providing States with a ported to say that today’s bill does cer, obesity, and heart disease. block grant to fund State high-risk nothing but shift money from a pro- Preventive health measures are vital pools. gram he doesn’t support to another to reducing the cost of health care in The majority is serious about fund- program he doesn’t support. And, in- the United States because we know it ing these programs and dealing with deed, given the fact that not a single is always cheaper to prevent disease the issue, and those cost are a drop in Republican voted for the Affordable than to treat it. In an age where more the bucket as to what the Affordable Care Act, it seems incongruous to me than 33 percent of our population is Care Act will cost our country in the that they are now here today with overweight or obese, when heart dis- future. But those efforts recognize that great bleeding-heart concerns about ease is the number one cause of death for those who do need insurance and the people with previous conditions and the number of diabetes cases con- are truly uninsurable in the market, it that keep them from being insured. tinue to grow, including children, gut- will be costly but we will make the de- So given the multiple reports of dis- ting our Nation’s only Federal preven- cisions that set our priorities straight. sent within the majority, I have to ask, tive health program is not a respon- Where the President’s response was If no one supports this bill, then what sible budget decision; it is simply an to tell the people tough luck, not to are we doing this afternoon except, as underhanded attack to dismantle the prepare for needing more money or I pointed out earlier, what we do every Affordable Care Act one program at a transfer funds out of other parts of the week? Even if we continue to move for- time. Affordable Care Act or to look for effi- ward on the bill, it is already clear the Finally, the majority’s newfound ciencies or mismanagement in the pre- legislation is solely designed for polit- concern for people who are uninsured existing condition program or even ap- ical gain. For while the majority because of preexisting conditions proach Congress for funding, dead si- claims that they want to strengthen might be more believable if they had lence from the administration. Well, the Affordable Care Act, their intent is allowed one of the numerous common- here Republicans will lead and ensure clear: they want to repeal the law. sense amendments presented to the that we help sick Americans now. Last week, Health and Human Serv- Rules Committee to come to the floor. I reserve the balance of my time. ices Secretary Kathleen Sebelius testi- Among the amendments were respon- Ms. SLAUGHTER. I thank the gen- fied before the Senate Finance Com- sible proposals to cover Americans tleman for yielding me the customary mittee where she was criticized by GOP with preexisting conditions by ending 30 minutes, and I yield myself such Senators for using her legal authority tax breaks for Big Oil, ending subsidies time as I may consume. to fund the implementation of the Af- for owners of corporate jets, increasing We begin this week the way we’ve fordable Care Act. As Secretary taxes on cigarettes—a preventive begun every week since January: spin- Sebelius replied in her testimony, Con- health measure in its own right. Pro- ning our wheels. gress’ failure to pass a budget has posals like these would expand health As we speak, sequestration is hitting forced her to take the independent ac- care to those who need it while pro- communities across our country. tion, which she’s allowed to do, in tecting the preventive health measures Flight delays have started, Head Start order to fund the implementation of included in the Affordable Care Act. It programs are turning away children, the Affordable Care Act. It’s as simple is truly unfortunate that, in yet an- and unemployment benefits are being as that. In the face of an unproductive other restrictive process executed by curtailed. Despite the calls from me Congress, Secretary Sebelius has done the majority, these amendments were and all my Democratic colleagues to everything she can to provide the life- denied a vote on the House floor. stop the sequestration, the majority saving health care to the American The majority and the press have refuses to act. In fact, the ranking people. made it clear that today’s bill is not a member of the Budget Committee, While reporting on Secretary serious effort, but a political gimmick Representative VAN HOLLEN, has come Sebelius’ testimony, Washington Post that has no chance of becoming law. I four times to the Rules Committee columnist Ezra Klein explained the urge my colleagues to vote ‘‘no’’ on to- with an amendment that would repeal majority’s approach towards the Af- day’s rule and the underlying legisla- sequestration, but the majority has re- fordable Health Care Act. In part, Mr. tion, and I reserve the balance of my jected it every single time. Klein wrote: time. The majority has also left the job of ‘‘Insofar as the Republican Party has Mr. BURGESS. Mr. Speaker, I yield 1 passing a budget unfinished. With a strategy on ObamaCare, it goes like minute to the gentleman from Penn- budgets passed by both the Senate and this: The law needs to be implemented. sylvania (Mr. ROTHFUS). the House, it is now time to finish the The GOP can try and keep the imple- (Mr. ROTHFUS asked and was given job, and for the majority that con- mentation from being done effectively, permission to revise and extend his re- stantly calls for regular order and con- in part, by refusing to authorize the marks.) cerns itself with no Senate budget, needed funds,’’ as they did in this case. Mr. ROTHFUS. I rise today in sup- they now refuse to appoint the con- I think it was $1.5 billion. port of the rule, H.R. 1549, the Helping ferees. And they must, if we’re going to ‘‘Then they can capitalize on the Sick Americans Now Act, and the Pitts get the budget. problems they create to weaken the amendment. Instead of taking meaningful action law, or at least weaken Democrats up President Obama’s health care law is on these two important issues, the ma- for reelection in 2014. In other words, a train wreck. We learn more every day jority is proposing a bill that is noth- step one: create problems for about its failures. H.R. 1549 addresses a ing more than a political gimmick. As ObamaCare. Step two: blame problem with the law’s provision for everyone knows, there’s no chance that ObamaCare care for the problems. Step those with preexisting conditions. The the Senate will consider this bill. Even three: political profit.’’ bill takes millions of dollars that the if it did, the President’s senior advisers The legislation before us is little administration intends to spend on ad- have stated that they will recommend more than a continuation of these vertising its failed law and instead the President veto the bill. games. helps some of the sickest Americans In the short history of the 113th Con- get health insurance. Not only that, gress, I have been repeatedly dismayed b 1400 the bill will also end the ObamaCare that the leadership of this Chamber has If the majority were making a seri- slush fund and reduce the deficit. refused to bring forth meaningful legis- ous attempt to expand health care cov- H.R. 1549 is a win on all fronts. We lation that has any chance of becoming erage, they wouldn’t be funding their should applaud Chairman JOE PITTS

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.035 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2270 CONGRESSIONAL RECORD — HOUSE April 24, 2013 and Congresswoman ANN WAGNER for H.R. 535, the Put America Back to Ms. SLAUGHTER. Madam Speaker, bringing this commonsense solution Work Now Act, sponsored by my friend I’m pleased to yield 2 minutes to the forward. from Virginia (Mr. CONNOLLY). It would gentleman from Nevada (Mr. I urge my colleagues to support the permanently extend the Build America HORSFORD), a member of the Com- rule and the bill. Bonds program to help State and local mittee on Natural Resources. Ms. SLAUGHTER. Mr. Speaker, we governments leverage private capital Mr. HORSFORD. I thank the ranking will be doing, as I said, a previous ques- to finance infrastructure projects— member for your hard work on these tion amendment to this rule to hold a jobs. issues, and I stand before this House to vote on the Put America Back to Work The SPEAKER pro tempore (Mrs. ask that all Members reject this rule. Act, and I would like to yield now 3 MILLER of Michigan). The time of the I had an amendment, which was not minutes to the gentleman from Mary- gentleman has expired. approved, which is germane to H.R. land (Mr. HOYER), the Democratic Ms. SLAUGHTER. I yield 1 addi- 1549 and follows CutGo and would have whip. tional minute to the gentleman from prevented defunding of the Prevention (Mr. HOYER asked and was given Maryland. and Public Health Fund. Unfortu- permission to revise and extend his re- Mr. HOYER. Build America Bonds nately, the Rules Committee rejected marks.) have been strongly supported by may- this amendment in order to keep this Mr. HOYER. I thank the gentlelady, ors, city managers, county legislators, bill purely about political posturing. the ranking member of the Rules Com- and State officials from both parties— My constituents sent me here to mittee, for yielding. a bipartisan support for this bill. At work together to solve problems, not I rise in opposition to the underlying the local level, it is a bipartisan solu- to relitigate legislation which has been bill and in opposition to this rule and tion that we know works because these adopted by Congress, approved by the for a ‘‘no’’ vote on the previous ques- bonds were used effectively in 2009 and President, upheld by the Supreme tion so that we can substitute Mr. CON- 2010 before they expired. Court, and the American people sup- NOLLY’s bill for this bill, which will When it comes to making invest- port. mean we will substitute something ments in our Nation’s infrastructure, b 1410 that will grow jobs from something we should be able to support local gov- The Prevention and Public Health that will waste time, not because those ernments that want to attract manu- Fund, among other things, helps reduce with preexisting conditions aren’t wor- facturing and invest in making their minority population health disparities thy of our consideration—and, in fact, communities safer, cleaner, and more and supports health care for chronic were considered in the Affordable Care secure. and costly conditions such as diabetes, Act and will have, as of January 2014, By the way, if we create these jobs, heart disease, and cancer. There are some real protections, not just high- the probability is these people who get medically underserved communities in risk protections, some real protections these jobs will have health insurance my district and across the country that for them and their families. and will be served, as the doctor would need better access to care. The previous speaker said ‘‘this train like, as I would like—hopefully. My amendment would prevent si- wreck.’’ This train wreck has already But let us not continue to waste time phoning of resources needed to reduce benefited millions of people: millions of on a bill that we know has a deeply di- health disparities among minority pop- seniors, millions of women, millions of vided Republican Party—as we’re going ulations. During the 112th Congress, people with preexisting conditions, to see on this vote, I’m sure—and will the House voted repeatedly to cut this millions of students, millions of young not get through the Senate and will very program. Now the Rules Com- people who couldn’t get insurance but not be signed by the President. We’re mittee has rejected my amendment. can stay on their family’s policy, mil- just wasting our time here—political I urge my colleagues to vote ‘‘no’’ on lions of people who didn’t have their messages. the rule. We need an open process, not benefits capped. Millions of people have By the way, you’ve garbled your mes- more political gamesmanship that already benefited. sage pretty badly, as I understand from hurts the American people who need The Republican Party continues to Club for Growth and Heritage Founda- access to quality health care. oppose. They want to see this bill be a tion and FreedomWorks. Mr. BURGESS. Madam Speaker, I train wreck and are doing everything So vote against the previous ques- yield myself 1 minute. in their power to destroy the tracks, tion. Vote for building America and It takes me back to when the Afford- everything in their power to make sure growing jobs. able Care Act passed this House and it doesn’t work, make sure that hun- Mr. BURGESS. I yield myself 1 the tumultuous time in March of 2010. dreds of millions—yes, hundreds of mil- minute. I had 18 amendments in the Rules Com- lions—of Americans won’t be benefited You know, on the subject of wasting mittee the night before that. The rank- by bringing down cost and making in- time, it was 6 or 7 weeks ago that ing member may remember that. None surance available to millions of people. Chairman PITTS sent a letter to the of those amendments were made in Just like the little boy who took the President saying: What are you pro- order. Look, if that’s the yardstick by lives of his two parents complained to posing to do about this? This was not which we’re going to measure, we’ve the court, ‘‘Give me mercy because I’m something that was in the plan. You got a long way to go. an orphan,’’ they are destroying the promised something that was different. But I need to respond to something tracks that have been constructed to What are we to tell people who are now that was said by the minority whip. He give Americans health care assurance. calling our committee and asking us referenced the Appalachian train Now, let me say, if we vote against how you’re going to respond to this? wreck. These are not my words. These this previous question, we will have an The President chose not to respond are words that were used by a senior opportunity to consider Mr. CON- to that letter—it’s been 6 or 7 weeks— Democratic committee chairman about NOLLY’s bill. That bill will be con- but, boy, it didn’t take him 24 hours to this bill. And then just today, breaking sistent with the Make It In America turn around a Statement of Adminis- news, I’m handed an article from Polit- agenda—job creation, not wasting tration Policy that said they would ico, another senior Democrat, chair- time. veto this bill should it pass the House. man of the Health Committee over on We’re going to do a bill on Thursday That’s another reason for me to be for the Senate side, is putting a hold on and Friday that we could do in 10 min- it. the administrator for the Centers for utes—totally noncontroversial; it’s But, look, in this Statement of Ad- Medicare & Medicaid Services nomina- about helium. We’re going to take 2 ministration Policy, it says: The Af- tion. days to do that bill; it could be done in fordable Care Act forces most insur- And why is that hold being placed? 10 minutes. We are spinning our ance companies to play by the rules. An aide said that the Senator objected wheels, as the gentlelady suggested. Well, I think this House has an oppor- because CMS was using Prevention and One bill that will be something that tunity today to say to the administra- Public Health Funds to pay for the we can do for America and jobs as part tion: Play by the rules. health law implementation; the very of the Make It In America agenda is I reserve the balance of my time. reason we’re here today.

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.037 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2271 I reserve the balance of my time. There’s nothing that has been more of the Make It In America agenda, to Ms. SLAUGHTER. Madam Speaker, I damaging to job creation in this coun- show the American public we are seri- yield 3 minutes to the gentleman from try than the first 2 years of the first ous about investing in our economy. Virginia (Mr. CONNOLLY). Obama term. During that time, with Mr. BURGESS. Madam Speaker, I Mr. CONNOLLY. I thank my dear vast majorities in both the House and yield myself 1 minute. friend from New York, the ranking the Senate, the anti-employment, the The last Congress we had this debate member of the Rules Committee. outright hostility to the productive over and over again, which obviously Madam Speaker, I urge my colleague sector of American society, was pal- culminated with the significant find- to oppose the previous question so we pable. People responded to that in very ings in our Committee on Energy and can bring up a proven jobs bill for con- predictable ways, so they hunkered Commerce on what happened with the sideration, rather than rehash the down. energy company called Solyndra. The same old critiques for the 36th time on And then you come throw the wet moneys that were pushed out the door the Affordable Care Act. blanket of the Affordable Care Act. by the Department of Energy in the Just last week, the head of the Fed- What did that do to job creation? It first 4 years of the Obama administra- eral Reserve Bank of Boston warned killed it in this country, and it is kill- tion, those moneys were poorly spent that if job creation doesn’t pick up ing it today. and unwisely invested. And what did soon, we run the risk of long-term un- If you want job creation in this coun- we get for that investment? More debt. employment becoming a structural try, you will provide some stability, Here we are faced with a condition in rather than cyclical problem within some sanity, to allow those people who the Prevention Fund where these dol- our economy. Despite more than 6 mil- are still in that hunkered-down modal- lars are going to be pushed out the lion new jobs being created in the last ity that they’ve been in since the first door hiring navigators. Remember, 4 years, the lingering effects of the Obama administration was sworn in, part of the Affordable Care Act was to Great Recession continue to be a drag allow them a chance for real economic absolutely remove insurance agents on the labor market. Unemployment in recovery. That’s why it’s important to and brokers from the environment, and the construction sector, particularly, divert those funds from the Prevention now we’re going to populate the envi- is nearly double the national rate, with and Public Health Fund, help those ronment with these navigators that are hiring down 2 million from its peak in people with preexisting conditions, going to help sell people health insur- 2006. and, yes, we may get some sanity out ance, and they’re going to be paid for I have introduced the Put America out of the Department of Health and Back to Work Act, H.R. 535, which of the administration on the imple- Human Services with the prevention would permanently reauthorize the mentation of the health care law if we fund. It doesn’t sound like prevention successful Build America Bonds pro- do that. to me. I think we ought to prevent that gram at a more revenue-neutral rate. I reserve the balance of my time. from happening. In just 2 years, that program, Madam Ms. SLAUGHTER. Madam Speaker, I yield 2 minutes to the gentlelady from I reserve the balance of my time. Speaker, supported $181 billion in com- Ms. SLAUGHTER. Madam Speaker, I munity infrastructure projects in every California (Ms. MATSUI). Ms. MATSUI. I thank the gentlelady am pleased to yield 2 minutes to the State of the Union and created thou- gentleman from California (Mr. sands of new jobs. Every dollar of Fed- for yielding me time. Madam Speaker, I rise in strong sup- TAKANO). eral investment leveraged $41 in pri- port of defeating the previous question. Mr. TAKANO. I thank the gentlelady vate sector funds to help our State and Putting people back to work is our from New York for yielding. local governments recover and con- Madam Speaker, I rise in opposition struct the needed infrastructure number one priority. Mr. CONNOLLY’s bill, which is part of to the previous question. throughout the country. Local govern- the Make It In America agenda, will When I came to the Congress 4 ments issued more than $275 million in months ago, I didn’t really anticipate new bonds, with one of the largest strengthen our economy by creating jobs and spurring innovation through- that we would be arguing over legisla- projects completing a missing segment tion that was passed 3 years ago. My of a cross-county parkway in my dis- out the American manufacturing sec- tor. colleagues on the other side of the aisle trict that now links major employment think it’s 2010. They are spending all of centers. One area where we must assert world leadership is in clean energy tech- their time debating bills from years Reauthorizing Build America Bonds past. is part of the President’s Rebuild nologies. This is why I have introduced the Clean Energy Technology Manufac- ObamaCare was passed by the House, America Partnership initiative, and it passed by the Senate, and signed by the is part of the Make It In America agen- turing and Export Assistance Act, leg- islation that is part of the Make It In President. That means it’s the law. da put forth by STENY HOYER, our mi- That didn’t stop conservatives. They nority whip. More important, it has America agenda. This bill will help clean energy technology companies ac- have tried to amend, gut, defund, in- the strong support of investors, local vestigate, and sue ObamaCare into ob- governments, State governments, and cess the world market and ensure these companies have the resources they livion. And they failed because Ameri- construction companies throughout cans support progress and reform. the United States. Build America need to export their products. Let’s Bonds helped provide 36 percent of all face it, the clean energy technology in- b 1420 municipal bond sales back in 2009–2010 dustry is growing rapidly. New jobs But ObamaCare seems to be on their when, literally, municipal bonds had will be created, if not here, then in messaging calendar this week, so we’re stopped being issued. places like China and Germany. stuck with it until Friday. But what Madam Speaker, I ask my colleagues In my home district of Sacramento, happened to last week’s Republican to join me in opposing the previous we have over 200 clean energy compa- message or to even last month’s mes- question so we can bring up H.R. 535. nies, the majority of which are small saging? Let’s do something for America, its lo- businesses. Clean World Partners is a Just ask yourself: Isn’t it odd that calities, its States, its crumbling infra- local company that is converting ev- the Republicans aren’t saying that we structure. These investments reap eryday items like food and waste into need to pass a budget anymore? large and long-term returns. Look at energy. Altergy Systems manufactures Earlier this year, the House majority the interstate highway system, a gift fuel cell power systems. These small was going on and on about the need to that keeps on giving 65 years later. business owners want to expand their pass a budget. For months, my col- Defeating the previous question will manufacturing operations and export leagues asked: Why hasn’t the Senate allow us to come together finally on a their clean energy technologies to for- passed a budget? Why hasn’t the Sen- bipartisan basis and do something for eign markets, but they need our help, ate passed a budget? our country. Build America Bonds is an and they need it now. Guess what? The Senate passed a idea whose time has arrived. I urge my colleagues to defeat the budget. Mr. BURGESS. Madam Speaker, I previous question and immediately So why is the House majority refus- yield myself 1 minute. take up the Connolly bill, which is part ing to go to conference?

VerDate Mar 15 2010 01:15 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.039 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2272 CONGRESSIONAL RECORD — HOUSE April 24, 2013 I’m sure Senator REID gets some why I introduced the Bridges to Jobs one of the most important things for amusement from calling Speaker BOEH- Act as part of the Make It In America America to know—because you hear NER’s bluff and watching the Repub- package. constantly how many jobs this bill is lican caucus squirm, but this back-and- Do you know there are about 70,000 going to be killing—is the fact that we forth is a waste of time. bridges that have been classified as have produced 6 million new jobs, Let’s get past debates from 3 years ‘‘structurally deficient’’ in our coun- 750,000 in health care alone. ago and get on with our work. Our time try? Leaving these bridges in their cur- So the most important thing we can is precious. The House should appoint rent state of disrepair poses a grave do for Americans with preexisting con- conferees and pass a final budget and threat not only to our safety but also ditions, which is the subject today, and get on with addressing the real crisis to our economy. This act provides each for every American seeking quality and our Nation faces—jobs. State with $10 million in grants to put affordable health care is to support the Mr. BURGESS. I yield myself 1 Americans back to work by repairing full implementation of the Affordable minute. our crumbling bridges. Not only will Care Act. Unfortunately, the proposal Since the gentleman wasn’t here in this legislation put Americans back to put forward by the majority today is the spring of 2010 when the Affordable work and bolster our ailing economy, an attempt to dismantle a crucial part Care Act passed, he probably didn’t it will also ensure the safety of the of that important law. hear the utterance of the then-Speaker millions who use these bridges each SUMMARY OF DEMOCRATIC AMENDMENTS NOT ANCY ELOSI of the House, N P , who fa- and every day. MADE IN ORDER BY THE RULES COMMITTEE mously, from that chair, stood up and I urge my colleagues to support this FOR H.R. 1549—HELPING SICK AMERICANS NOW said, ‘‘We’ve got to pass this law to crucial investment in our workforce, ACT find out what’s in it.’’ our economy, and our safety. Let’s de- (SUMMARIES DERIVED FROM INFORMATION Here we are a little over 3 years feat the previous question so we can PROVIDED BY SPONSORS) later, and we’re still finding out what’s bring this bill back up. LISTED IN ALPHABETICAL ORDER—PREPARED in it. Yes, the law is the law—the law Mr. BURGESS. I yield myself 1 APRIL 24, 2013 has passed; the law is signed—but what minute. Amendment #4 has happened since that time is this I think it’s important for Members of Sponsor: Capps (CA) torrent of regulations that has come this body to understand one of the Description: Removes the public health out of the Department of Health and things we’re talking about today. It’s and prevention trust fund as a pay-for and Human Services, the Department of section 4002 of the Patient Protection instead pays for the bill by ending the sec- the Treasury, the Office of Personnel and Affordable Care Act. In my copy, tion 199 domestic manufacturing deduction for oil and gas production. Management—all of those Federal it’s found on page 466. This delineates Amendment #5 agencies charged with implementing the outline of the Prevention and Pub- Sponsor: Green, Gene (TX) this failed product. Now, we can argue lic Health Fund. Description: Makes the same changes to all we want about settled law being Section A: The purpose is to estab- the PCIP program that the underlying bill settled law, but rulemaking is going on lish a Prevention and Public Health does, but is paid for by requiring a minimum even as we speak. New rules are coming Fund. term and a remainder interest greater than out. New rules are being promulgated. That all sounds good. It’s to be ad- zero for new Grantor Retained Annuity Look at the Essential Health Benefit ministered through the Office of the Trusts (GRATs) Rule. Why did the administration hide Secretary to provide for the expanded Amendment #10 the ball on that one until 2 days after and sustained national investment in Sponsor: Horsford, Steven (NV) Description: Requires the HHS Secretary election day? Because they were afraid the maintaining of public health. All good as it sounds. to transfer all of the monies in the Fund for of what the public’s response would be the next four fiscal years to the PCIP pro- when they saw what that rule actually Then the funding section. The fund- gram except those monies from the fund that said. It turns out that most of the Na- ing section is important because it’s are used for reducing health disparities tion’s Governors said, We don’t want unlike other sections of law. Yes, it among minority populations. any part of this. started small with literally a half bil- Amendment #1 I reserve the balance of my time. lion dollars in fiscal year 2010. It esca- Sponsor: Pallone (NJ) Ms. SLAUGHTER. Madam Speaker, I lated from there, and by next year, this Description: Makes the same changes to yield myself such time as it takes me fund will be up to $2 billion a year. the PCIP program that the underlying bill to read this message. It needs to be an- That’s self-replenishing in perpetuity. does, but is paid for through a 4 cent per swered, and I want everybody in Amer- That’s until the Earth cools another pack increase in the tax on cigarettes. ica to listen up. You’ve been told it’s a time or the Second Coming. It’s $2 bil- Amendment #2 lion a year forever. Sponsor: Pallone (NJ) job-killing bill and that it has caused Description: Makes the same changes to all this grief. Let me say: Now, the use of the fund is the next the PCIP program that the underlying bill Since the passage of the Affordable Care section. That is telling because there is does, but is paid for by continuing the sol- Act, the United States has added more than broad authority for the Secretary of vency of the Oil Spill Liability Trust Fund 6 million private sector jobs. The health care Health and Human Services to transfer by increasing the per-barrel amount that oil industry alone, which many opponents of the these dollars to other areas she wants. companies are required to pay into the fund law predicted would face job-killing new reg- That is what leads to the problem. by four cents. ulation, has added more than 750,000 jobs. That is what leads to the difficulty Amendment #3 I now yield 2 minutes to the gentle- with this section. Sponsor: Schakowsky (IL) woman from California (Ms. HAHN). I reserve the balance of my time. Description: Extends funding for reopening Ms. HAHN. Madam Speaker, I rise in Ms. SLAUGHTER. Madam Speaker, enrollment under the Preexisting Condition support of defeating the previous ques- may I inquire if my colleague has more Insurance Program (PCIP) tion so that the House may bring up requests for time? I have none, and I Madam Speaker, I ask unanimous Representative CONNOLLY’s Put Amer- am prepared to close. consent to insert the text of the ica Back to Work Act as part of the Mr. BURGESS. I will go as long as amendment in the RECORD, along with Make It In America legislative pack- the gentlelady wants, but I guess I extraneous material, immediately age. have no more speakers other than my- prior to the vote on the previous ques- Make It In America is a comprehen- self. tion. sive jobs plan that aims to reinvigorate Ms. SLAUGHTER. Madam Speaker, I The SPEAKER pro tempore. Is there our ailing manufacturing sector and yield myself such time as I may con- objection to the request of the gentle- bring innovation and high-skilled, sume. woman from New York? high-wage jobs back to the United First, at the end of my remarks I will There was no objection. States, and it invests in training the insert in the RECORD the Democratic Ms. SLAUGHTER. I urge my col- skilled workforce needed to support amendments that were disallowed last leagues to vote ‘‘no’’ and defeat the manufacturing in the 21st century. night from the Rules Committee. previous question, and I urge a ‘‘no’’ We have an infrastructure crisis in In closing, Madam Speaker, we’ve vote on the rule. this country, Madam Speaker, which is heard a lot today, but I think probably I yield back the balance of my time.

VerDate Mar 15 2010 03:24 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.042 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2273 Mr. BURGESS. I yield myself the than taking care of the people who you yield to him for an amendment, is entitled to balance of my time. promised to take care of. the first recognition.’’ Madam Speaker, as the gentlelady So today we can end the use of the The Republican majority may say ‘‘the mentioned, we’ve heard a lot today. slush fund and use it to actually help vote on the previous question is simply a I think I’ve said over and over again people. A vote for this bill is a vote to vote on whether to proceed to an immediate vote on adopting the resolution . . . [and] how I, unequivocally, oppose the Af- help sick Americans now. has no substantive legislative or policy im- fordable Care Act and would like to see Madam Speaker, I urge my col- plications whatsoever.’’ But that is not what it forever dismantled and thrown on leagues to support the rule and support they have always said. Listen to the Repub- the dustbin of history. Guilty as the passage of H.R. 1549. lican Leadership Manual on the Legislative charged. That is what I would like to The material previously referred to Process in the United States House of Rep- see, but that’s actually not what we’re by Ms. SLAUGHTER is as follows: resentatives, (6th edition, page 135). Here’s talking about today. AN AMENDMENT TO H. RES. 175 OFFERED BY how the Republicans describe the previous We’re here today to talk about the MS. SLAUGHTER OF NEW YORK question vote in their own manual: ‘‘Al- At the end of the resolution, add the fol- though it is generally not possible to amend President’s promise to help people with the rule because the majority Member con- preexisting conditions obtain health lowing new sections: SEC. 2. Immediately upon adoption of this trolling the time will not yield for the pur- insurance, and it has been one of the resolution the Speaker shall, pursuant to pose of offering an amendment, the same re- few areas of agreement between Repub- clause 2(b) of rule XVIII, declare the House sult may be achieved by voting down the pre- licans and Democrats over the last sev- resolved into the Committee of the Whole vious question on the rule. .... When the eral years. House Republicans have House on the state of the Union for consider- motion for the previous question is defeated, urged the President to work with us on ation of the bill (H.R. 535) to amend the In- control of the time passes to the Member a solution to this issue, but all we’ve ternal Revenue Code of 1986 to permanently who led the opposition to ordering the pre- extend the Build America Bonds program. vious question. That Member, because he heard from the White House has been then controls the time, may offer an amend- silence. So, today, we are offering a so- The first reading of the bill shall be dis- pensed with. All points of order against con- ment to the rule, or yield for the purpose of lution: sideration of the bill are waived. General de- amendment.’’ The bill transfers funds from an un- bate shall be confined to the bill and shall In Deschler’s Procedure in the U.S. House necessary slush fund and, instead, not exceed one hour equally divided and con- of Representatives, the subchapter titled prioritizes the Nation’s most sick and trolled by the chair and ranking minority ‘‘Amending Special Rules’’ states: ‘‘a refusal vulnerable who have been denied cov- member of the Committee on Ways and to order the previous question on such a rule erage and who have been the victims of Means. After general debate the bill shall be [a special rule reported from the Committee considered for amendment under the five- on Rules] opens the resolution to amend- the Affordable Care Act’s broken prom- ment and further debate.’’ (Chapter 21, sec- ises. This bill does not provide more minute rule. All points of order against pro- visions in the bill are waived. At the conclu- tion 21.2) Section 21.3 continues: ‘‘Upon re- money to government health care pro- sion of consideration of the bill for amend- jection of the motion for the previous ques- grams, but instead it helps those who ment the Committee shall rise and report tion on a resolution reported from the Com- are in desperate need have access to the bill to the House with such amendments mittee on Rules, control shifts to the Mem- privately run health insurance. Instead as may have been adopted. The previous ber leading the opposition to the previous of continuing to use the Prevention question shall be considered as ordered on question, who may offer a proper amendment and Public Health Fund to prop up the the bill and amendments thereto to final or motion and who controls the time for de- bate thereon.’’ Affordable Care Act’s flailing ex- passage without intervening motion except Clearly, the vote on the previous question changes, we would use the money allo- one motion to recommit with or without in- structions. If the Committee of the Whole on a rule does have substantive policy impli- cated for public health to actually help rises and reports that it has come to no reso- cations. It is one of the only available tools sick Americans. lution on the bill, then on the next legisla- for those who oppose the Republican major- If we do not act, the administration tive day the House shall, immediately after ity’s agenda and allows those with alter- will continue to spend this money on the third daily order of business under clause native views the opportunity to offer an al- heaven knows what: neutering pro- 1 of rule XIV, resolve into the Committee of ternative plan. grams, pickle ball—whatever the heck the Whole for further consideration of the Mr. BURGESS. With that, Madam that is—and programs that are rife bill. Speaker, I yield back the balance of with potential for fraud and abuse to SEC. 3. Clause 1(c) of rule XIX shall not apply to the consideration of H.R. 535. my time, and I move the previous ques- support their own failing implementa- tion on the resolution. tion plans. Instead of further increas- THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The ing this Nation’s $17 trillion deficit, we IT REALLY MEANS question is on ordering the previous can pass this bill that will provide This vote, the vote on whether to order the question. health care to the sick and will reduce previous question on a special rule, is not The question was taken; and the the deficit at the same time. merely a procedural vote. A vote against or- Speaker pro tempore announced that In the end, it’s not about the money. dering the previous question is a vote the ayes appeared to have it. against the Republican majority agenda and It’s about America’s patients. The Ms. SLAUGHTER. Madam Speaker, President should be embarrassed. His a vote to allow the Democratic minority to offer an alternative plan. It is a vote about on that I demand the yeas and nays. political bait-and-switch is not work- what the House should be debating. The yeas and nays were ordered. ing. Instead of putting the care of the Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- sick first, you tell them, Sorry, Sister, House of Representatives (VI, 308–311), de- ant to clause 8 and clause 9 of rule XX, we’re closed. Come back in 10 months. scribes the vote on the previous question on this 15-minute vote on ordering the Ten months, a week, a day may be the rule as ‘‘a motion to direct or control the previous question will be followed by 5- consideration of the subject before the House the amount of time some of these pa- minute votes on adoption of House Res- tients have to get treatment or else being made by the Member in charge.’’ To defeat the previous question is to give the olution 175, if ordered, and motion to face the consequences of the progres- opposition a chance to decide the subject be- suspend the rules on H.R. 360. sion of their illnesses. fore the House. Cannon cites the Speaker’s The vote was taken by electronic de- b 1430 ruling of January 13, 1920, to the effect that vice, and there were—yeas 228, nays ‘‘the refusal of the House to sustain the de- 192, not voting 12, as follows: America’s doctors and hospitals will mand for the previous question passes the be there, and they’ll always be there. control of the resolution to the opposition’’ [Roll No. 121] But why deny them the means to get in order to offer an amendment. On March YEAS—228 their services paid for with insurance 15, 1909, a member of the majority party of- Aderholt Bentivolio Brooks (IN) coverage? fered a rule resolution. The House defeated Alexander Bilirakis Broun (GA) the previous question and a member of the Amash Bishop (UT) Buchanan Mr. President, your health bill fails Amodei Black Bucshon this country, and, most importantly, opposition rose to a parliamentary inquiry, asking who was entitled to recognition. Bachmann Blackburn Burgess Bachus Bonner Calvert you have failed the thousands of sick Speaker Joseph G. Cannon (R–Illinois) said: Americans who can’t get health cov- Barletta Boustany Camp ‘‘The previous question having been refused, Barr Brady (TX) Campbell erage because you think implementing the gentleman from New York, Mr. Fitz- Barton Bridenstine Cantor the health care law is more important gerald, who had asked the gentleman to Benishek Brooks (AL) Capito

VerDate Mar 15 2010 01:51 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.043 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2274 CONGRESSIONAL RECORD — HOUSE April 24, 2013 Carter Hurt Reichert Kennedy Moran Schneider Hall McKinley Royce Cassidy Issa Renacci Kildee Murphy (FL) Schrader Hanna McMorris Runyan Chabot Jenkins Ribble Kilmer Nadler Schwartz Harper Rodgers Ryan (WI) Chaffetz Johnson (OH) Rice (SC) Kind Napolitano Scott (VA) Harris Meadows Scalise Coble Johnson, Sam Rigell Kirkpatrick Neal Scott, David Hartzler Meehan Schock Coffman Jones Roby Kuster Negrete McLeod Serrano Hastings (WA) Messer Schweikert Cole Jordan Roe (TN) Langevin Nolan Sewell (AL) Heck (NV) Mica Scott, Austin Collins (GA) Joyce Rogers (AL) Larsen (WA) O’Rourke Shea-Porter Hensarling Miller (FL) Sensenbrenner Larson (CT) Owens Collins (NY) Kelly (PA) Rogers (KY) Sherman Herrera Beutler Miller (MI) Sessions Lee (CA) Pallone Conaway King (IA) Rogers (MI) Sinema Holding Miller, Gary Shimkus Cotton King (NY) Levin Pascrell Hudson Mullin Rohrabacher Sires Shuster Cramer Kingston Lewis Pastor (AZ) Huelskamp Mulvaney Rokita Slaughter Simpson Crawford Kinzinger (IL) Lipinski Payne Huizenga (MI) Murphy (PA) Rooney Smith (WA) Smith (NJ) Crenshaw Kline Loebsack Pelosi Hultgren Neugebauer Ros-Lehtinen Speier Daines Labrador Lofgren Perlmutter Hunter Noem Smith (TX) Roskam Swalwell (CA) Davis, Rodney LaMalfa Lowenthal Peters (CA) Hurt Nugent Southerland Takano Denham Lamborn Ross Lowey Peters (MI) Issa Nunes Stewart Thompson (CA) Dent Lance Rothfus Lujan Grisham Peterson Jenkins Nunnelee Stivers Thompson (MS) DeSantis Lankford Royce (NM) Pingree (ME) Johnson (OH) Olson Stockman Titus DesJarlais Latham Runyan Luja´ n, Ben Ray Pocan Johnson, Sam Palazzo Stutzman Tonko Diaz-Balart Latta Ryan (WI) (NM) Price (NC) Jones Paulsen Terry Duffy LoBiondo Salmon Maffei Quigley Tsongas Jordan Pearce Thompson (PA) Duncan (SC) Long Scalise Maloney, Rahall Van Hollen Joyce Perry Thornberry Duncan (TN) Lucas Schock Carolyn Rangel Vargas Kelly (PA) Petri Tiberi Ellmers Luetkemeyer Schweikert Maloney, Sean Richmond Vela King (IA) Pittenger Tipton ´ Farenthold Lummis Scott, Austin Matsui Roybal-Allard Velazquez King (NY) Pitts Turner Fincher Marchant Sensenbrenner McCarthy (NY) Ruiz Visclosky Kingston Poe (TX) Upton Fitzpatrick Marino Sessions McCollum Ruppersberger Walz Kinzinger (IL) Pompeo Valadao Fleischmann Massie Shimkus McDermott Rush Wasserman Kline Posey Wagner Schultz Fleming Matheson Shuster McGovern Ryan (OH) Labrador Price (GA) Walberg ´ Waters Forbes McCarthy (CA) Simpson McIntyre Sanchez, Linda LaMalfa Radel Walden Watt Fortenberry McCaul Smith (NJ) McNerney T. Lamborn Reed Walorski Waxman Foxx McClintock Smith (TX) Meeks Sanchez, Loretta Lance Reichert Weber (TX) Meng Sarbanes Welch Franks (AZ) McHenry Southerland Lankford Renacci Webster (FL) Frelinghuysen McKeon Michaud Schakowsky Wilson (FL) Latham Ribble Stewart Wenstrup Gardner McKinley Moore Schiff Yarmuth Latta Rice (SC) Stivers Westmoreland Garrett McMorris LoBiondo Rigell Stockman Whitfield Gerlach Rodgers NOT VOTING—12 Long Roby Stutzman Williams Gibbs Meadows Cook Hinojosa Polis Lucas Roe (TN) Terry Wilson (SC) Gibson Meehan Thompson (PA) Culberson Lynch Smith (NE) Luetkemeyer Rogers (AL) Gingrey (GA) Messer Dingell Markey Tierney Lummis Rogers (KY) Wittman Thornberry Wolf Gohmert Mica Tiberi Flores Miller, George Veasey Marchant Rogers (MI) Womack Goodlatte Miller (FL) Tipton Marino Rohrabacher Woodall Gosar Miller (MI) Turner Massie Rokita b 1458 Yoder Gowdy Miller, Gary Upton McCarthy (CA) Rooney Granger Mullin McCaul Yoho Valadao Ms. MICHELLE LUJAN GRISHAM of Ros-Lehtinen Graves (GA) Mulvaney McClintock Roskam Young (AK) Wagner New Mexico and Mr. FATTAH changed Graves (MO) Murphy (PA) McHenry Ross Young (FL) Walberg Griffin (AR) Neugebauer their vote from ‘‘yea’’ to ‘‘nay.’’ McKeon Rothfus Young (IN) Walden Griffith (VA) Noem Walorski So the previous question was ordered. Grimm Nugent The result of the vote was announced NAYS—189 Guthrie Nunes Weber (TX) Hall Nunnelee Webster (FL) as above recorded. Andrews Doyle Larsen (WA) Hanna Olson Wenstrup The SPEAKER pro tempore. The Barber Duckworth Larson (CT) Harper Palazzo Westmoreland Barrow (GA) Edwards Lee (CA) Whitfield question is on the resolution. Beatty Ellison Levin Harris Paulsen The question was taken; and the Hartzler Pearce Williams Becerra Engel Lewis Hastings (WA) Perry Wilson (SC) Speaker pro tempore announced that Bera (CA) Enyart Lipinski Heck (NV) Petri Wittman the ayes appeared to have it. Bishop (GA) Eshoo Loebsack Bishop (NY) Esty Lofgren Hensarling Pittenger Wolf Ms. SLAUGHTER. Madam Speaker, Herrera Beutler Pitts Womack Blumenauer Farr Lowenthal Holding Poe (TX) Woodall on that I demand the yeas and nays. Bonamici Fattah Lowey Hudson Pompeo Yoder The yeas and nays were ordered. Brady (PA) Foster Lujan Grisham Huelskamp Posey Yoho Braley (IA) Frankel (FL) (NM) The SPEAKER pro tempore. This Brown (FL) Fudge Luja´ n, Ben Ray Huizenga (MI) Price (GA) Young (AK) will be a 5-minute vote. Hultgren Radel Young (FL) Brownley (CA) Gabbard (NM) Hunter Reed Young (IN) The vote was taken by electronic de- Bustos Gallego Maffei vice, and there were—yeas 225, nays Butterfield Garamendi Maloney, NAYS—192 Capps Garcia Carolyn 189, not voting 18, as follows: Capuano Grayson Maloney, Sean Andrews Clyburn Frankel (FL) [Roll No. 122] Ca´ rdenas Green, Al Matheson Barber Cohen Fudge Carney Green, Gene Matsui Barrow (GA) Connolly Gabbard YEAS—225 Carson (IN) Grijalva McCarthy (NY) Bass Conyers Gallego Aderholt Campbell Farenthold Cartwright Gutierrez McCollum Beatty Cooper Garamendi Alexander Cantor Fincher Castor (FL) Hahn McDermott Becerra Costa Garcia Amash Capito Fitzpatrick Castro (TX) Hanabusa McGovern Bera (CA) Courtney Grayson Amodei Cassidy Fleischmann Chu Hastings (FL) McIntyre Bishop (GA) Crowley Green, Al Bachmann Chabot Fleming Cicilline Heck (WA) McNerney Bishop (NY) Cuellar Green, Gene Bachus Chaffetz Forbes Clarke Higgins Meeks Blumenauer Cummings Grijalva Barletta Coble Fortenberry Clay Himes Michaud Bonamici Davis (CA) Gutierrez Barr Coffman Foxx Cleaver Holt Moore Brady (PA) Davis, Danny Hahn Barton Cole Franks (AZ) Clyburn Honda Moran Braley (IA) DeFazio Hanabusa Benishek Collins (GA) Frelinghuysen Cohen Horsford Murphy (FL) Brown (FL) DeGette Hastings (FL) Bentivolio Collins (NY) Gardner Connolly Hoyer Nadler Brownley (CA) Delaney Heck (WA) Bilirakis Conaway Garrett Conyers Huffman Napolitano Bustos DeLauro Higgins Bishop (UT) Cotton Gerlach Cooper Israel Neal Butterfield DelBene Himes Black Cramer Gibbs Costa Jackson Lee Negrete McLeod Capps Deutch Holt Blackburn Crawford Gibson Courtney Jeffries Nolan Capuano Doggett Honda Bonner Crenshaw Gingrey (GA) Crowley Johnson (GA) O’Rourke Ca´ rdenas Doyle Horsford Boustany Daines Gohmert Cuellar Johnson, E. B. Owens Carney Duckworth Hoyer Brady (TX) Davis, Rodney Goodlatte Cummings Kaptur Pallone Carson (IN) Edwards Huffman Bridenstine Denham Gosar Davis (CA) Keating Pascrell Cartwright Ellison Israel Brooks (AL) Dent Gowdy Davis, Danny Kelly (IL) Pastor (AZ) Castor (FL) Engel Jackson Lee Brooks (IN) DeSantis Granger DeFazio Kennedy Payne Castro (TX) Enyart Jeffries Broun (GA) DesJarlais Graves (GA) DeGette Kildee Pelosi Chu Eshoo Johnson (GA) Buchanan Diaz-Balart Graves (MO) Delaney Kilmer Perlmutter Cicilline Esty Johnson, E. B. Bucshon Duffy Griffin (AR) DeLauro Kind Peters (CA) Clarke Farr Kaptur Burgess Duncan (SC) Griffith (VA) DelBene Kirkpatrick Peters (MI) Clay Fattah Keating Calvert Duncan (TN) Grimm Deutch Kuster Peterson Cleaver Foster Kelly (IL) Camp Ellmers Guthrie Doggett Langevin Pingree (ME)

VerDate Mar 15 2010 01:51 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AP7.018 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2275 Pocan Schrader Titus Collins (GA) Himes Miller, Gary Sinema Tipton Waxman Price (NC) Schwartz Tonko Collins (NY) Holding Moore Sires Titus Weber (TX) Quigley Scott (VA) Tsongas Conaway Holt Moran Slaughter Tonko Webster (FL) Rahall Scott, David Van Hollen Connolly Honda Mullin Smith (NJ) Tsongas Welch Richmond Serrano Vargas Conyers Horsford Mulvaney Smith (TX) Turner Wenstrup Ruiz Sewell (AL) Vela Cooper Hoyer Murphy (FL) Smith (WA) Upton Westmoreland Ruppersberger Shea-Porter Vela´ zquez Costa Hudson Murphy (PA) Southerland Valadao Whitfield Rush Sherman Visclosky Cotton Huelskamp Nadler Speier Van Hollen Williams Ryan (OH) Sinema Stewart Vargas Wilson (FL) Walz Courtney Huffman Napolitano Salmon Sires Stivers Vela Wilson (SC) Wasserman Cramer Huizenga (MI) Neal Sa´ nchez, Linda Slaughter Stockman Vela´ zquez Wittman Schultz Crawford Hultgren Negrete McLeod T. Smith (WA) Crenshaw Hunter Neugebauer Stutzman Visclosky Wolf Waters Sanchez, Loretta Speier Crowley Hurt Noem Swalwell (CA) Wagner Womack Watt Sarbanes Swalwell (CA) Cuellar Israel Nolan Takano Walberg Woodall Waxman Schakowsky Takano Culberson Issa Nugent Terry Walden Yarmuth Schiff Thompson (CA) Welch Cummings Jackson Lee Nunes Thompson (CA) Walz Yoder Schneider Thompson (MS) Wilson (FL) Daines Jeffries Nunnelee Thompson (MS) Wasserman Yoho Thompson (PA) Schultz Young (AK) NOT VOTING—18 Davis (CA) Jenkins O’Rourke Davis, Danny Johnson (GA) Olson Thornberry Waters Young (FL) Bass Hinojosa Rangel Davis, Rodney Johnson (OH) Owens Tiberi Watt Young (IN) Carter Lynch Roybal-Allard DeFazio Johnson, E. B. Palazzo NOT VOTING—12 Cook Markey Smith (NE) DeGette Johnson, Sam Pallone Culberson Meng Tierney Delaney Jones Pascrell Cook Lynch Smith (NE) Dingell Miller, George Veasey DeLauro Jordan Pastor (AZ) Dingell Markey Tierney Flores Polis Yarmuth DelBene Joyce Paulsen Flores Miller, George Veasey Denham Kaptur Payne Hinojosa Polis Walorski b 1505 Dent Keating Pearce b 1514 DeSantis Kelly (IL) Pelosi So the resolution was agreed to. DesJarlais Kelly (PA) Perlmutter So (two-thirds being in the affirma- The result of the vote was announced Deutch Kennedy Perry tive) the rules were suspended and the as above recorded. Diaz-Balart Kildee Peters (CA) bill, as amended, was passed. A motion to reconsider was laid on Doggett Kilmer Peters (MI) Doyle Kind Peterson The result of the vote was announced the table. Duckworth King (IA) Petri as above recorded. Duffy King (NY) Pingree (ME) A motion to reconsider was laid on f Duncan (SC) Kingston Pittenger the table. Duncan (TN) Kinzinger (IL) Pitts AWARDING CONGRESSIONAL GOLD Edwards Kirkpatrick Pocan PERSONAL EXPLANATION MEDAL TO ADDIE MAE COLLINS, Ellison Kline Poe (TX) Mr. COOK. Madam Speaker, on rollcall No. DENISE MCNAIR, CAROLE ROB- Ellmers Kuster Pompeo 121 on the ordering of the previous question Engel Labrador Posey for H. Res. 175, I am not recorded because I ERTSON, AND CYNTHIA WESLEY Enyart LaMalfa Price (GA) The SPEAKER pro tempore. The un- Eshoo Lamborn Price (NC) was absent due to a death in the family. Had finished business is the vote on the mo- Esty Lance Quigley I been present, I would have voted ‘‘aye.’’ Farenthold Langevin Radel On rollcall No. 122 on adoption of H. Res. tion to suspend the rules and pass the Farr Lankford Rahall 175, the rule providing for consideration of bill (H.R. 360) to award posthumously a Fattah Larsen (WA) Rangel H.R. 1549, I am not recorded because I was Congressional Gold Medal to Addie Fincher Larson (CT) Reed absent due to a death in the family. Had I Mae Collins, Denise McNair, Carole Fitzpatrick Latham Reichert Fleischmann Latta Renacci been present, I would have voted ‘‘aye.’’ Robertson, and Cynthia Wesley to com- Fleming Lee (CA) Ribble On rollcall No. 123 on final passage of H.R. memorate the lives they lost 50 years Forbes Levin Rice (SC) 360, I am not recorded because I was absent ago in the bombing of the Sixteenth Fortenberry Lewis Richmond Foster Lipinski Rigell due to a death in the family. Had I been Street Baptist Church, where these 4 Foxx LoBiondo Roby present, I would have voted ‘‘aye.’’ little Black girls’ ultimate sacrifice Frankel (FL) Loebsack Roe (TN) f served as a catalyst for the Civil Franks (AZ) Lofgren Rogers (AL) Frelinghuysen Long Rogers (KY) AUTHORIZING THE SPEAKER TO Rights Movement, as amended, on Fudge Lowenthal Rogers (MI) which the yeas and nays were ordered. Gabbard Lowey Rohrabacher DECLARE A RECESS ON WEDNES- The Clerk read the title of the bill. Gallego Lucas Rokita DAY, MAY 8, 2013, FOR THE PUR- The SPEAKER pro tempore. The Garamendi Luetkemeyer Rooney POSE OF RECEIVING IN JOINT Garcia Lujan Grisham Ros-Lehtinen MEETING HER EXCELLENCY question is on the motion offered by Gardner (NM) Roskam the gentleman from Alabama (Mr. Garrett Luja´ n, Ben Ray Ross PARK GEUN-HYE, PRESIDENT OF BACHUS) that the House suspend the Gerlach (NM) Rothfus THE REPUBLIC OF KOREA Gibbs Lummis Roybal-Allard rules and pass the bill, as amended. Gibson Maffei Royce Ms. ROS-LEHTINEN. Madam Speak- This will be a 5-minute vote. Gingrey (GA) Maloney, Ruiz er, I ask unanimous consent that it The vote was taken by electronic de- Gohmert Carolyn Runyan may be in order at any time on vice, and there were—yeas 420, nays 0, Goodlatte Maloney, Sean Ruppersberger Wednesday, May 8, 2013, for the Speak- Gosar Marchant Rush not voting 12, as follows: Gowdy Marino Ryan (OH) er to declare a recess, subject to the [Roll No. 123] Granger Massie Ryan (WI) call of the Chair, for the purpose of re- Graves (GA) Matheson Salmon ceiving in Joint Meeting Her Excel- YEAS—420 Graves (MO) Matsui Sa´ nchez, Linda Aderholt Blackburn Capito Grayson McCarthy (CA) T. lency Park Geun-hye, President of the Alexander Blumenauer Capps Green, Al McCarthy (NY) Sanchez, Loretta Republic of Korea. Amash Bonamici Capuano Green, Gene McCaul Sarbanes The SPEAKER pro tempore. Is there Amodei Bonner Ca´ rdenas Griffin (AR) McClintock Scalise objection to the request of the gentle- Andrews Boustany Carney Griffith (VA) McCollum Schakowsky woman from Florida? Bachmann Brady (PA) Carson (IN) Grijalva McDermott Schiff Bachus Brady (TX) Carter Grimm McGovern Schneider There was no objection. Barber Braley (IA) Cartwright Guthrie McHenry Schock f Barletta Bridenstine Cassidy Gutierrez McIntyre Schrader Barr Brooks (AL) Castor (FL) Hahn McKeon Schwartz CONGRESSIONAL GOLD MEDAL Barrow (GA) Brooks (IN) Castro (TX) Hall McKinley Schweikert LEGISLATION IN HONOR OF VIC- Barton Broun (GA) Chabot Hanabusa McMorris Scott (VA) TIMS OF SIXTEENTH STREET Bass Brown (FL) Chaffetz Hanna Rodgers Scott, Austin Beatty Brownley (CA) Chu Harper McNerney Scott, David BAPTIST CHURCH BOMBING Becerra Buchanan Cicilline Harris Meadows Sensenbrenner PASSES UNANIMOUSLY Benishek Bucshon Clarke Hartzler Meehan Serrano Bentivolio Burgess Clay Hastings (FL) Meeks Sessions (Ms. SEWELL asked and was given Bera (CA) Bustos Cleaver Hastings (WA) Meng Sewell (AL) permission to address the House for 1 Bilirakis Butterfield Clyburn Heck (NV) Messer Shea-Porter minute.) Bishop (GA) Calvert Coble Heck (WA) Mica Sherman Ms. SEWELL. Madam Speaker, today Bishop (NY) Camp Coffman Hensarling Michaud Shimkus Bishop (UT) Campbell Cohen Herrera Beutler Miller (FL) Shuster I just want to thank this body for pass- Black Cantor Cole Higgins Miller (MI) Simpson ing this profound Congressional Gold

VerDate Mar 15 2010 03:24 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AP7.019 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2276 CONGRESSIONAL RECORD — HOUSE April 24, 2013 Medal in honor of the four little girls appalled by the minimal media cov- we speak, millions of Americans are who lost their lives in the bombing of erage of the Gosnell trial. I’m hopeful being covered. This is the wrong way, the Sixteenth Street Baptist Church. I that the disturbing images revealed by misdirected, and I might say it is a just want to acknowledge my sincere this trial will raise awareness of the sick way of trying to help the sickest appreciation to the leadership of both gruesome practices of the abortion in- of Americans. parties in getting this Congressional dustry and help to prevent the tragic I oppose the bill. Gold Medal on the floor. ending of human life that occurs every f We have in our presence two sisters day at abortion clinics across this NATIONAL DRUG CONTROL STRAT- of two of the deceased four little girls. country. EGY—MESSAGE FROM THE I think I speak on behalf of the whole f PRESIDENT OF THE UNITED State of Alabama and our Alabama del- STATES (H. DOC. NO. 113–20) egation when I say a profound thank HELPING SICK AMERICANS NOW you for this body. I know that everyone ACT The SPEAKER pro tempore (Mr. BARR) laid before the House the fol- here is mighty appreciative of the sac- (Mr. MCKINLEY asked and was given lowing message from the President of rifices that their families have made in permission to address the House for 1 the United States; which was read and, order for our great Nation to live up to minute.) together with the accompanying pa- its true ideals of justice and equality Mr. MCKINLEY. Mr. Speaker, I rise pers, referred to the Committees on for all, and I think that it’s befitting if today in strong support of the Helping Energy and Commerce, Education and we all stand and clap. Sick Americans Now Act. the Workforce, Veterans’ Affairs, A unanimous vote is truly a victory I cosponsored this legislation because Armed Services, the Judiciary, Natural for all of us. it addresses something that is particu- Resources, Financial Services, Home- f larly important to Republicans and land Security, Oversight and Govern- Democrats alike: providing care for ment Reform, Ways and Means, For- TAX CODE LIBERATION DAY those who need it most. eign Affairs, Transportation and Infra- (Ms. ROS-LEHTINEN asked and was I strongly opposed ObamaCare and structure, and Intelligence (Permanent given permission to address the House have supported the efforts to repeal it; Select) and ordered to be printed: for 1 minute and to revise and extend however, it’s the law of the land. In it, the President and Congress made a To the Congress of the United States: her remarks.) I am please to trasmit the 2013 Na- Ms. ROS-LEHTINEN. Madam Speak- promise to help Americans with pre- existing conditions. The President has tional Drug Control Strategy, my Admin- er, the case for tax reform was never istration’s blueprint for reducing drug broken this promise when he con- made more clear when Americans re- use and its consequences in the United sciously cut off access to the program cently struggled to fill out their in- States. As detailed in the pages that dealing with preexisting conditions and creasingly complicated income tax follow, my Administration remains left tens of thousands of Americans forms. What we really need now is Tax committed to a balanced public health Code Liberation Day. with nowhere to turn for their health and public safety approach to drug pol- Our convoluted Tax Code has become care. To many Americans, this is typ- icy. This approach is based on science, a major obstacle to individual freedom, ical of Washington: empty gestures and not ideology—and scientific research which must be removed as soon as pos- broken promises. This has to stop. suggests that we have made real sible. It prevents small businesses from We have a chance to help people get progress. hiring more workers in what is now a the care they were promised by taking The rate of current cocaine use in the nearly dead economic recovery. money from a wasteful slush fund. I in- United States has dropped by 50 per- The burden of preparing your taxes is tend to uphold the promise the Presi- cent since 2006, and methamphetamine now nearly as onerous as actually pay- dent once made and now has broken. I use has declined by one-third. New data ing for the taxes. It takes 13 hours for urge my colleagues to do the same and released this year suggest that we are the average American to prepare his or vote for this commonsense legislation. turning a corner in our efforts to ad- her taxes. The Tax Code remains al- f dress the epidemic of prescription drug most 4 million words, many of which abuse, with the number of people abus- 1520 are incomprehensible. b ing prescription drugs decreasing by We must all work together to free HELPING SICK AMERICANS NOW nearly 13 percent—from 7 million in small businesses and individuals of the ACT 2010 to 6.1 million in 2011. And the num- ber of Americans reporting that they most complex regulation of them all— (Ms. JACKSON LEE asked and was drove after using illicit drugs also the Federal Income Tax Code. given permission to address the House dropped by 12 percent between 2010 and for 1 minute.) f 2011. Ms. JACKSON LEE. Mr. Speaker, the KERMIT GOSNELL MURDER TRIAL While this progress is encouraging, House will begin discussing in the next we must sustain our commitment to (Mr. JOHNSON of Ohio asked and day the legislation called Helping Sick preventing drug use before it starts— was given permission to address the Americans Now Act, and I would only the most cost-effective way to address House for 1 minute and to revise and offer a counter to that that it seems a the drug problem. The importance of extend his remarks.) sick way to try and help those who are prevention is becoming ever more ap- Mr. JOHNSON of Ohio. Mr. Speaker, in need. parent. Despite positive trends in other I rise today, along with several of my This bill will deplete the healthy pre- areas, we continue to see elevated rates pro-life colleagues, to bring attention ventive care funding that impacts the of marijuana use among young people, to the ongoing trial of Kermit Gosnell, Centers for Disease Control, that im- likely driven by declines in perceptions an abortionist from Philadelphia. pacts the federally qualified health of risk. We must continue to get the Gosnell is accused of murdering, in the clinics that are all throughout our facts out about the health risks of drug third degree, a woman who died during community, and it only provides fund- use and support the positive influences an abortion at his clinic, and first de- ing for the sickest of Americans up in young people’s lives that help them gree murder of four infants who sur- until December 2013. Why don’t we en- avoid risky behaviors. vived abortions and were born alive, courage the Governors, like Governor The Strategy that follows presents a only to have their spinal cords severed Perry of Texas, to accept expanded sophisticated approach to a com- by a pair of scissors. Medicaid to help heal 6 million and plicated problem, encompassing pre- In the words of the grand jury report: provide health care for 6 million unin- vention, early intervention, treatment, Gosnell had a simple solution for unwanted sured in Texas, the highest number of recovery support, criminal justice re- babies: he killed them. He didn’t call it that. uninsured in any State. form, effective law enforcement, and He called it ‘‘ensuring fetal demise.’’ This is a temporary fix that is not international cooperation. I’m horrified by the lack of respect necessary. We have the Affordable Care I look forward to working with the this doctor has for human life, and I’m Act that is being implemented; and, as Congress and stakeholders at all levels

VerDate Mar 15 2010 03:24 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.052 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2277 in advancing this 21st century ap- Prime Minister of Australia. And in We’re going to go after the vast vol- proach to drug policy. her remarks she commented, she said: umes of oil and natural gas that we BARACK OBAMA. ‘‘I remember being a young girl, sitting have. In many experts’ opinions, we’ve THE WHITE HOUSE, April 24, 2013. on the floor of my living room, watch- got more of it than anyone else has in f ing Neil Armstrong and Buzz Aldrin the world. We’re going to expand our land on the Moon.’’ She went on to nuclear footprint because nuclear en- HELPING SICK AMERICANS NOW talk about how America and Australia ergy is one of the safest, most reliable ACT had stood side by side, how America forms of energy on the planet. We (Mr. CONYERS asked and was given had actually stood in front of and pro- brought that to the world, and we permission to address the House for 1 tected Australia during some of the know how to do it. We’re going to con- minute and to revise and extend his re- darkest days of World War II in the Pa- tinue to mine coal, and we’re going to marks.) cific. learn how to use it environmentally Mr. CONYERS. Mr. Speaker, I want- b 1530 soundly because we’ve got enough coal ed to begin our discussion with H.R. to fuel our energy needs for genera- 1549, which will be up tomorrow, Help- At the end of her speech, she said, tions yet to come. ing Sick Americans Now Act. ‘‘Back when I was a little girl and We’re even going to embrace alter- I am not supporting this bill because when I saw that Moon landing, I native forms of energy—biofuels, wind the bill’s proposals are counterintu- thought to myself, wow, those Ameri- and solar. Now, they’re not going to itive to the anticipated outcome of the cans can do anything.’’ She wrapped up meet our heavy lifting energy needs for Prevention and Public Health Fund. her comments by saying, ‘‘Today, as the foreseeable future, but there is a This legislation strips 4 years of fund- Prime Minister of Australia, with a lot role that they play in our overall en- ing from the prevention fund to pay for of experience under my belt, I still be- ergy profile. We’re going to back that a very short extension of a new enroll- lieve that Americans can do anything.’’ up with action with the regulatory When you stop and think about the ment in the preexisting condition in- community and tell the regulators at Moon landing—and I know you’re going surance plan. the EPA and the Department of the In- to say, Well, what does that have to do Further, the bill insists on a partisan terior and at the Army Corps of Engi- with energy? I’m getting to that. Presi- offset that effectively eliminates the neers: effective today, you start being dent Kennedy gave us a vision of put- Prevention and Public Health Fund partners in progress with America’s en- ting a man on the Moon in 10 years. We through 2016 to, instead, reopen the ergy industries. Rather than being the didn’t make it in 10 years. We made it Federal High-Risk Pool Program pro- department of ‘‘no,’’ learn how to find in less than 10 years. The reason that vided by the Affordable Care Act a way forward. If a particular project we did was that every fabric of our so- through the end of the year. or if a particular technology presents ciety bought into the idea—academic While I support reopening the high- concerns, then let’s address those con- institutions, the scientific community. risk pool, I cannot support how this cerns, but ‘‘no’’ should not be the final Industries cropped up overnight. Mil- bill goes about creating the funding. answer. lions of jobs were created. Young peo- We’ve learned through the lessons of f ple lined up to get into academic pro- putting a man on the Moon that, when ENERGY INDEPENDENCE grams in which they could major in de- Americans are allowed to dream, when grees that would prepare them for ca- they’re allowed to innovate, when The SPEAKER pro tempore. Under reers in space exploration. they’re allowed to compete, there is the Speaker’s announced policy of Jan- At the end of the day—actually, nothing that we can’t solve. uary 3, 2013, the gentleman from Ohio we’re not at the end of the day—we’re Why is energy independence and se- (Mr. JOHNSON) is recognized for 60 min- still benefiting from the innovation curity so important? First of all, it’s utes as the designee of the majority and the technological advance that important because of national security. leader. came out of that era. It was a time Right now, today, we are beholden to GENERAL LEAVE when America’s imagination was cap- some countries that don’t like us very Mr. JOHNSON of Ohio. Mr. Speaker, tivated by what many thought was im- much for our energy resources. Why do I ask unanimous consent that all Mem- possible and by what the rest of the we want to continue to do that when bers may have 5 legislative days in world didn’t really think we could do. we have the resources right here at which to revise and extend their re- You look at what has happened since home to be able to solve that problem? marks and include extraneous material we started that journey—at all of the In order to captivate the imagination on the subject of my Special Order. technological innovations that have of the American people, we’ve got to The SPEAKER pro tempore. Is there occurred: cell phones, flat-screen TVs, help the American people understand objection to the request of the gen- GPS, even arthroscopic surgery. We why this is so important to them. We tleman from Ohio? had to learn to perform medical proce- talk about energy in terms of very im- There was no objection. dures on space travelers in a way that portant projects like the Keystone XL Mr. JOHNSON of Ohio. Mr. Speaker, was noninvasive, and medical experts pipeline of which the President, him- it’s good to be in the people’s House began to think about ‘‘how do we do self, said that the environmental con- this afternoon to talk about a topic that in outer space?’’ So we learned cerns were overexaggerated, so let’s get that is of utmost concern to the Amer- how to dream, and that goal to put a the project approved. ican people—energy. What does it mean man on the Moon captivated America’s Yet we talk about it in technical for America? We all put gas in our cars, imagination. terms—pipelines, hydraulic fracturing, we all heat and cool our homes, busi- I want you to think for a second oil rigs, nuclear reactors, uranium en- nesses across this country power their about what would happen if America richment. What does all of that mean manufacturing processes. So what does once again embarked on a journey of to American taxpayers—to working energy mean for today and for the fu- that magnitude. I believe a journey to Americans who are just struggling day ture of our country? become energy independent and secure in and day out to make ends meet? I’m proud to be a member of the in America is just such a journey that Here is what it means: House Energy Action Team because we we could embark on. A vision of energy Take a manufacturing process, the understand the critical role that do- independence and security would not manufacturing of cereal, Pop-Tarts— mestic-energy production plays not only captivate the imagination of the you name it, whatever our children only today, but in the future of our American people but it would put consume today. When domestic energy country. Let me give an example of America back to work at a time when costs are reduced, those manufacturing why this is so important. our economy is in such desperate need costs to produce those goods are also I remember one of the very first of private-sector economic growth. reduced. When the price of diesel fuel memorable events that occurred in Imagine what would happen if we had a goes down and when the cost of the March of 2011 in my first term. We were national energy vision that sounded transportation to transport those addressed here in this Chamber by the something like this: goods from the manufacturers to the

VerDate Mar 15 2010 01:51 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A24AP7.028 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2278 CONGRESSIONAL RECORD — HOUSE April 24, 2013 grocery stores goes down, those savings about where we are with energy in this Canadian oil. What do I mean by capac- are passed on in the costs of the prod- country. Energy independence is some- ity? It’s idle capacity. It’s capacity ucts to the consumers. When working thing that’s on the minds of folks back that could be utilized to refine Amer- mothers and single moms and single home. ican resources or Canadian resources dads who are trying to make ends You know, I drive a diesel truck, and coming down to those refineries, refin- meet—who are trying to figure out how the gentleman from Ohio was talking ing that into the products that we they’re going to put kids through col- about diesel fuel just recently. When I enjoy as America. lege, how they’re going to buy the next was at the fuel pump recently fueling That’s why the Keystone XL pipeline pair of tennis shoes—are balancing the my truck with diesel fuel, I was paying is so important. Let’s put Americans to checkbooks and when they see that about $3.85 a gallon. It dawned on me, work. We hear a lot about job creation their energy costs to heat and to cool as I watched the 18-wheelers roll by and putting Americans to work. Well, their homes are going down and that coming from the pumps where they this truly would. Mr. Speaker, this they’re paying less to fill up their cars filled up, that if we were able to really Keystone XL pipeline would put Ameri- to go back and forth to work, that achieve American energy independence cans to work in those refineries, refin- translates into economic confidence to and we were able to lower the cost at ing that oil into all the chemicals and do the kinds of things that we were the pump for America’s truckers and gasoline products and everything that able to do during that remarkable pe- all of America’s families—but I use we use out of a barrel of hydrocarbons riod of putting a man on the Moon. trucking as an example. If we could or a barrel of oil. The Keystone pipe- Today, we’ve got a lot of naysayers truly lower the cost of diesel fuel for line is something that should happen in out there who simply don’t understand America’s truckers by just $1, if we this country. how important this is, this idea of en- could produce enough American energy The opponents on the other side say: ergy independence and security to the resources to lower diesel fuel from that Well, that oil is just going to flow from American people, and they’re trying to $3.85 a gallon that I was paying down to Canada. It’s going to flow through the frighten the American people. $2.85 a gallon—those 18-wheelers that United States. It’s going to go to our Hydraulic fracturing, my goodness. were rolling by I believe had 400-gallon refineries. But those contracts have We’ve been doing hydraulic fracturing diesel tanks. been let, and that oil and those gaso- in America for over 60 years, over a Think about that, America. Think line products are going to be used in million such operations. A former EPA about if that truck or that trucking other markets. It will not do anything administrator, herself, acknowledged company was able to save $400 per fill- to affect the price at the pump here. there has not been a single incident in up for that 18-wheeler, and think about That’s what the other side says. which hydraulic fracturing has con- the number of trucks you pass on Here’s a simple economic example: taminated the water table. Yet the America’s interstates and highway sys- It’s supply and demand. Global de- EPA is working hard to try and insert tems. If we could save that, think mand is high right now, and the supply itself into a process that many, many about the trickle-down effect that that is low. The supply is low for a lot of States are already doing and are al- would have for consumer products. reasons: the OPEC cartel and other ready doing very well. Take, for exam- We’re not just talking about gasoline things. Policies, moratoriums, and ple, the State of Ohio where I come and diesel fuel. The American hydro- other things from this administration from. Literally, my district sits on top carbons that are produced when they’re keep global supply down. of the Marcellus and the Utica shales, refined, they’re refined into a lot of dif- Let’s assume that the oil from Can- one of the world’s largest reservoirs of ferent products. And I would ask folks ada does flow through the United oil and natural gas. to research what a barrel of hydro- States, refined at our refineries, and carbon or fossil fuel, oil, when you put does flow out of this country. So what? b 1540 that under extreme pressure, the heat That increased supply will meet the in- The State of Ohio has been regu- created, how it separates out and all creased demand. And by meeting that lating the oil and gas industry since the different products that come from demand, that will drive the price down, 1965. We’re among those States that a barrel of oil. It’s an amazing compo- not only for Americans, but for every- have done a lot of hydraulic fracturing, nent that God has given us. one across the globe. and yet again there is not one proven In South Carolina, we understand It’s the right thing to do to put instance where that process has con- that the Nation can achieve American Americans to work to refine that oil taminated drinking water, yet you’ve energy independence; but we also un- into those products at American refin- got those that sit on the sidelines and derstand that if we can’t have Amer- eries. It’s true job creation. try to frighten homeowners, try to ican energy independence, why not an While we’re on the subject of job cre- frighten those people that live in Appa- all-American energy strategy where we ation, Mr. Speaker, and the gentleman lachian Ohio that their water is going work with our neighbors to the north, that’s heading up the House Energy to be contaminated. It’s not. It’s a our largest and best trading partner, Action Team, which is focused on an proven process. the Canadians, or we work with the all-American energy strategy and And just over the last 5 years, we’ve Mexicans and the folks to the south American energy independence, while developed technology called horizontal with a transboundary agreement; allow we’re talking about job creation, let’s hydraulic fracturing, where we can go that area where the boundary between talk about my State of South Carolina. down a mile and then go out hori- Mexico and the United States is, that We’ve been excluded in the next 5- zontally another mile, sometimes we can drill in that area and we have year plan, the plan that would allow more, and have much more of that an agreement for revenue sharing on offshore drilling off our coast on the vital resource of oil and natural gas the oil produced there. Outer Continental Shelf. Right now, flowing to the surface, resources that But let’s go back to our neighbors in folks, the whole Atlantic shelf is off are going to move America one step the north, our largest and best trading limits to drilling, with the exception of closer to energy independence and se- partner. The former speaker of the a very proactive State of Virginia, curity. house from South Carolina, David Wil- which has been able to include Vir- Mr. Speaker, we’ve got an oppor- kins, was Ambassador to Canada under ginia’s offshore area in the next 5-year tunity to put America back in charge the Bush administration. I spent a lot plan. We’ll see if that comes to fru- of our economic destiny and an energy of time with Speaker Wilkins, Ambas- ition. vision that is a real all-of-the-above sador Wilkins, and we talked about But South Carolina is sitting there energy vision for this country. It’s Canada and we talked about the oil saying, with a lot of the other Atlantic what America needs. sands. This was before the Keystone XL States, We believe we have some re- At this time, I’d like to yield time to pipeline. sources off our coast. We believe my colleague from South Carolina (Mr. But let’s focus on the Keystone XL there’s natural gas off the coast of DUNCAN). pipeline to bring that Canadian oil to South Carolina. Let’s allow South Mr. DUNCAN of South Carolina. American refineries that are sitting Carolina’s offshore area to be included Folks in South Carolina are concerned there with the capacity to refine that in the next 5-year plan.

VerDate Mar 15 2010 01:51 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.055 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2279 What does that mean? Does that it’s not just the guys that are doing the principles. And that is what we intend mean we’re going to rush right out offshore drilling, and it’s not just the to do this Congress. there and punch a hole in the Earth guys that are doing the hydraulic frac- As part of this process, the Science and start producing? Maybe; maybe turing here. That is a tremendous com- Committee expects to reauthorize the not. What it does mean is that it al- ponent, and it’s working in Pennsyl- America COMPETES Act. A central lows that exploration. It allows those vania, and should be working in south- component of that legislation is $5 bil- energy companies to say: You know ern New York. It’s working in Ohio. lion to the Department of Energy Of- what? That area is going to be opened It’s producing resources. fice of Science, which maintains world- up. We haven’t explored out there in 30 When we talk about energy, we focus class research facilities through the years. It was 30-year-old technology a lot right now on North Dakota. North National Laboratories. The office also when we went out there before. Let’s Dakota, my gosh, it’s a microcosm of supports innovative research that will go out there with new technology. what we could be in this country if we help transform how we produce and Let’s find out what sort of resources truly pursued an American energy pol- consume energy. might be off the coast of South Caro- icy. North Dakota, 3 percent unem- We will also pursue energy legisla- lina on the Outer Continental Shelf of ployment or less. Some say it’s a nega- tion that improves prioritization and the Atlantic seaboard. Let’s go out tive unemployment. I say, when you management of specific programs, from there. Let’s find out what might be get off an airplane in North Dakota, energy efficiency and renewable energy there, and let’s start producing that. they give you a job whether you need to nuclear, coal, oil, and natural gas. You know what happens when we do one or not. You talk about a lack of The Science Committee recently re- start producing? I just ask you to drive housing; they don’t have housing for ceived testimony that highlighted the down to Louisiana and get on Highway people coming up there to take the massive costs and duplication of Fed- 90 from Lafayette down to New Iberia jobs. If you need a job in America and eral subsidies for alternate forms of en- and down to Houma and Thibodaux and you’re willing to travel to North Da- ergy. The administration should not those areas. You get on that four-lane kota, you can go up and get $70,000 a pick winners and give subsidies to fa- highway, Mr. JOHNSON, and you ride year driving a water truck. Jobs are vored companies that promote uncom- down that highway, on both sides of created. petitive technologies. This too often the four-lane highway, business after North Dakota, a microcosm of what leads to waste and bankruptcy, as we business after business after business we could be in this country if we truly witnessed with Solyndra and other after business—and I could go on and pursued an all-American energy policy, companies. Instead, we should focus on. These are businesses that aren’t and that includes hydraulic fracturing. our resources on research and develop- out there actually doing the drilling That includes drilling on Federal land ment that will produce technologies because those lease sales were to that is currently off-limits to energy that will enable alternative energy ExxonMobil or Halliburton or some of exploration, energy production, but it’s sources to become economically com- those companies. These are the service also off-limits to wind and solar. Fed- petitive without the need for subsidies. companies that are servicing offshore eral land that you own—America. The Finally, we need to fix the EPA, drilling. American taxpayers own this Federal which continues to levy numerous reg- Think about this for a minute. Think land, and it ought to be utilized to the ulations that burden employers. Under about the guys that are using the maximum benefit for American tax- the Obama administration, the EPA barges and the offshore boats that payers. has aggressively sought to regulate carry the service boats that are taking Folks, we can reduce our fuel prices nearly every aspect of the energy in- the drilling mud and the casing and the at the pump. We can reduce your prices dustry. It implements rules that bur- piping and the diesel fuel for the gen- for electricity at home, and that’s den employers and kill jobs. Insulting erators and the food and the personnel through an American energy policy the taxpayers who fund the EPA, the and everything else that goes offshore that’s truly all of the above. administration refuses to release the out to the platform. Then think about And so I appreciate the gentleman scientific data upon which these bur- this: they’re companies on shore. from Ohio leading this leadership hour, densome regulations are based. This is They’re running trucks up and down giving me an opportunity to speak entirely inconsistent with the Presi- the road that need truck repair; they about something that I am very pas- dent’s stated commitment to lead the need body repair. We need pipe welders sionate about, and that is an all-Amer- most open and transparent administra- and pipe fitters. ican energy policy that produces re- tion in history. The committee will Like I said, business after business sources here, lessens our dependence on continue to work to ensure that the after business there in Louisiana is the Middle East, lessens our depend- EPA lives up to the President’s trans- helping the offshore industry. ence on the OPEC cartel, truly trades parency standard. The American people with our neighbors to the north and deserve to know all the facts, particu- b 1550 the south, and approaches true inde- larly since EPA regulations on the en- And South Carolina is sitting there pendence. ergy sector have a direct impact on going, Well, you know what? If we al- Mr. JOHNSON of Ohio. I thank my their daily lives. lowed drilling offshore and we allowed colleague from South Carolina, and at For example, the EPA has opposed a this to happen on the Outer Conti- this time I yield to our chairman from technological innovation that provides nental Shelf, then maybe those busi- Texas (Mr. SMITH). good-paying jobs for many Americans. nesses would come to South Carolina— Mr. SMITH of Texas. Madam Speak- The fracking revolution is changing the service boats, the drilling mud, the er, I thank the gentleman from Ohio the nature of American energy produc- providers of the onshore pipe fitters for yielding me time. tion. Hundreds of communities directly and pipe boilers. And you know what? As chairman of the Science, Space, benefit from the economic turnaround Those guys have to eat. And so they and Technology Committee, I would due to energy production made possible fill up the local restaurants and they like to focus my remarks on the role of by the fracking technology. These loca- shop at the local Piggly Wiggly. And science and technology in Republicans’ tions range from North Dakota to guess what. They give to the United all-of-the-above energy strategy. Pennsylvania to Texas. These States’ Way and they give to the local church, The Science Committee has over- household income growth and low un- and it’s a trickle-down economy when sight responsibility in two relevant employment is a direct result of revo- you’ve got people working and you’ve areas. The committee oversees $8.5 bil- lutionary technology developments people creating businesses and pro- lion of the Department of Energy’s re- combined with sound energy policy and viding income to an economy. search and development funding. oversight at the State level. When we think about an all-Amer- If we want to ensure that Americans Madam Speaker, on the Science Com- ican, energy-independent energy struc- have access to the affordable and reli- mittee, we aim to ensure that Ameri- ture, we need to think about all of the able energy they need, we must cans reap the benefits of this current jobs that are created through that strengthen DOE scientific research pro- energy technology revolution, and the American energy independence; and grams and EPA scientific integrity Science Committee will do its part.

VerDate Mar 15 2010 01:51 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.057 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2280 CONGRESSIONAL RECORD — HOUSE April 24, 2013 Mr. JOHNSON of Ohio. Madam international group trying to figure land that’s part of the Eagle Ford Speaker, may I inquire how much time out what to do—they point out that, in Shale. There’s a big oil and gas play we have remaining? China, the fraction of power capacity going on there. The SPEAKER pro tempore (Mrs. with unit scale smaller than 100 You know, it’s not just the oilmen BLACK). The gentleman has 31 minutes megawatts is 24.8 percent in 2007, while that are doing well. It’s the res- remaining. it is only 7 percent in the U.S. in 2007. taurateurs that are doing well. I’ve Mr. JOHNSON of Ohio. Madam The average coal consumption per unit never seen so many brand-new white Speaker, at this time I would like to powered electricity supply in China is pickup trucks. Some of this Texas oil yield to my colleague from Virginia 11 percent higher than that of Japan. and gas money is helping out the folks in Detroit: General Motors, Dodge, (Mr. GRIFFITH). b 1600 Mr. GRIFFITH of Virginia. Thank Ford. Some of these guys are even buy- you so much for yielding as we talk So what we’re looking at is a situa- ing the Toyota trucks made in San An- about the importance of American en- tion where they’re using more coal to tonio, Texas. ergy independence and using all of our produce the same power than we are, It’s an economic boom where we’re fuels and all of the above. I know that by about 24.8 percent for them and 7 actually struggling to find people to we all want to use all of the above, but percent in the United States. And when work. You can go to work in a fast-food there are a lot of people who want to you get down to the pollution, you’re restaurant for $15 because they’re com- put regulations so strict on coal that looking at 30 percent to 150 percent peting with the oil and gas industry. you can’t use it anymore. higher than that in the United States. And you know what else is hap- I hold up for you tonight the com- Further, they go on to talk about the pening? The low-cost natural gas that’s abun- memorative scissors that I used to cut boilers, related to the maximum dantly available, they’re saying 100 the ribbon, along with a number of achievable control technology in boil- ers. And it says normally the thermal years’ supply in Texas is creating new other people, at the Dominion Re- efficiency for boilers is between 72 and factories for manufacturing. In Corpus sources power plant in Virginia City, 80 percent, which is close to the design Christi alone, we’ve got two different Virginia. And it wasn’t 10 years ago; it level of developed countries. steel mills coming in and using that wasn’t 5 years ago. It was last Sep- But, in reality, most of the actual gas to fire their plant. We’re looking at tember. thermal efficiencies are between 60 to a new plastics facility coming in. That plant would not be able to be 65 percent, which means they’re 10 to 15 And numerous other industries built today if the regulations proposed percent lower than the identified ther- throughout the entire Texas coast, and by the EPA are actually adopted. mal efficiencies of boilers, which even further inland, are realizing that Those would be the regulations relat- means, in effect, they’re 30 to 40 per- affordable, American-made energy ing to greenhouse gases, including car- cent less efficient, 30 to 50 percent less makes the United States competitive bon dioxide. efficient than boilers in most of the de- again. Even with the higher wages that When that plant was opened, they veloped countries. we pay our employees in countries like were so proud, and rightfully so. They So here’s what we’re doing, folks. China, with our low-cost energy, we had spent a lot of money, and they had We’re taking the jobs from the United can beat that. the best technology available—the best States; we’re sending them over to Natural gas in the United States, es- technology available in the world—one China and other countries like India pecially in south Texas, we’re in the $4 of the cleanest plants ever opened to and so forth. They’re producing the range. If you were to buy that same create electric power at a reasonable electricity to produce the goods that natural gas and have it in Japan, it’s cost using the natural resources that we used to produce in the United $18. We’ve got a huge opportunity here. God gave the United States of America, States. They’re doing it less effi- We’ve got a huge economic advantage. to use our coal supply in an appro- ciently; they’re creating more pollu- House Republicans, myself included, priate, efficient manner. tion. And, as a NASA study showed, it we support an all-of-the-above energy, and the technology is going to come. Now, everybody says coal is dirty and takes 10 days to get from the middle of We’re going to get the technology for we shouldn’t use it; but we can use it in the Gobi Desert, for that air to trans- wind. We’re going to get the tech- clean ways, like they’re doing in the port across the Pacific, 10 days from nology for solar. We’re going to get the Dominion plant. I would also point out the middle of the Gobi Desert in China to you that as we send jobs away, are storage technology in batteries. to the Eastern Shore of Virginia. All that stuff Chairman SMITH was we really making any progress? Folks, we have to be careful with the I note from one of the reports we’ve talking about that’s going on with the policies we make here. We all want Department of Energy and the Science gotten from the Energy and Commerce clean air. We all want clean water. But Committee that at one point in time and Technology Committee, those we also want jobs, and we have to rec- technologies are coming. But as we’ve not too long ago the United Mine ognize the United States cannot solve Workers estimated that job losses with seen with things like Solyndra and the this problem by itself. We must solve it tax credit that goes to wind farms, the EPA targeting coal units due to with others working with us; and when utility MACT and tighter greenhouse they’re not economical today. they’re not willing to start down that We have low-cost fossil fuel that will gas standards could cost us more than path and to make a good-faith effort, bridge us until those technologies are 50,000 direct jobs in the coal, utility, we have to recognize that we should be ready for prime time and ready to go. and rail industries; and indirectly, a as efficient as we can be. We need to take advantage of it. We figure costing us jobs of more than But we shouldn’t be killing American need to open up the infrastructure with 250,000 jobs lost. jobs based on American energy when things like the Keystone pipeline. We That doesn’t make a lot of sense be- we know we can do it better and have need to open up Federal land so we can cause what we’re doing is we’re making less pollution than they can do it in charge a royalty to the oil and gas it impossible to use our coal, where we, other parts of the world. companies for producing that on Fed- in fact, have the largest reserves of Mr. JOHNSON of Ohio. I thank my eral land. That will bring money into anyplace in the world. We are the colleague. I yield some time now to our the Federal budget that we could use Saudi Arabia of coal, and we don’t colleague from Texas (Mr. for a wide variety of things: lowering want to use it, but many of the other FARENTHOLD). the deficit, repairing our decaying in- nations of the world, including China, Mr. FARENTHOLD. Madam Speaker, frastructure needs. do want to use coal, and they are using I rise today to point out that afford- We need to be a country of ‘‘yes’’ to coal. What’s interesting about that is, able American-made energy is the key all-of-the-above energy, and it will when you look at that, looking at a re- to economic growth, economic develop- solve our economic crisis, and we will port from the Sustainable Use of Coal ment, and bringing this country out of have a better life for every single and Pollution Control Policy in China, the grips of the tough economic types American. dated 2009—and this was a group of that we’re in. Mr. JOHNSON of Ohio. I thank the folks looking at what they can to do to I’m blessed to represent south Texas. gentleman. At this time, we’ll go to my continue to use coal in China; it’s an The district I represent covers some colleague from Arkansas (Mr. GRIFFIN).

VerDate Mar 15 2010 01:51 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.059 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2281 Mr. GRIFFIN of Arkansas. Madam And as the father of two young chil- But as we’ve seen in the past, these Speaker, I rise today to recognize the dren, I recognize the importance of en- power plants run the risk of being sued importance of natural gas production suring that our air’s clean and that our for exceeding their environmental limi- to America’s energy security. water’s clean. tations from the EPA. I have reintro- Natural gas production is a critical We must always seek to ensure that duced a bill, H.R. 271, in this Congress. part of a new economy, a new economy energy development is undertaken re- It passed in the last Congress unani- where energy costs are lower. In fact, sponsibly, but this report is an incon- mously in the Energy and Commerce there have been several articles lately venient truth for many out there who Committee, of which I’m a member. It that talk about manufacturing plants oppose fracking, which has given us so passed unanimously on this floor last in Europe moving to the United States much natural gas and a competitive Congress. It’s coming back in com- because of lower energy costs, because advantage. mittee sometime in the next couple of of the lower cost of manufacturing Mr. Speaker, we must support the weeks. products using low-cost natural gas. continuation of environmentally sound By passing this bill, we send a simple And, also, recent studies have shown natural gas production in the United message: if the person or entity that that our greenhouse gases in the States to ensure our energy independ- runs the power grid tells you to keep United States are lower because of ence and further decrease our reliance that power plant up and running, and more natural gas use. on foreign sources of energy. It is abso- you exceed the EPA limitations, you My home State of Arkansas is an en- lutely critical to grow our economy so cannot be held liable for exceeding the ergy-rich State, and the Fayetteville that families across the country can limitations when some government shale play has helped fuel our State’s put food on the table and pursue happi- agency has told you to keep the power economy. It’s one of the biggest depos- ness in this great country. plant up and running. That’s common its of natural gas in the United States. Mr. JOHNSON of Ohio. I thank my sense. It spans approximately 4,000 square friend. I thank my colleague. I’m glad to be miles. It’s estimated to contain up to Mr. Speaker, may I inquire about here because we have a chance again to 20 trillion cubic feet of natural gas. It’s how much time we have remaining. make our country energy independent. considered one of the most productive The SPEAKER pro tempore. The gen- Mr. JOHNSON of Ohio. I yield now to shale plays in the country. tleman has 28 minutes remaining. my colleague from California (Mr. But what does that mean for every- VALADAO). b 1610 day Americans? What does it mean, Mr. VALADAO. In addition to our what has it meant for Arkansans? Mr. JOHNSON of Ohio. I would like rich agricultural land, California’s San Well, natural gas production is pro- to now yield to my colleague from Joaquin Valley is also blessed with an viding high-paying jobs for folks in my Texas (Mr. OLSON). abundance of oil, natural gas, and re- State and my district. According to the Mr. OLSON. I thank my colleague newable energy sources. These re- University of Arkansas, the average from the Buckeye State. Ohio has al- sources should be utilized to create annual pay in the oil and gas extrac- ways been a coal State. Now, with the jobs, lower energy costs for American tion industry was $74,000 in 2010. That’s Utica Shale plate, it’s an oil and gas families, and reduce our Nation’s de- good pay. That’s money that pays for State. pendency on foreign energy. Instead, food on the table, for a kid’s education. Mr. Speaker, the HEAT Team is back misguided public policy and over- That’s twice the average pay of all in- for the 113th Congress. I’m proud to be reaching Federal regulations have cost dustry in the State of Arkansas. joining the HEAT Team—the House the Central Valley thousands of jobs Further, the Fayetteville shale play Energy Action Team—as we talk about and increased the price at the pump for supports over 20,000 jobs. It’s added $12 a dream: American energy independ- all Americans. billion to Arkansas’ economy since ence. As part of that goal, I’ll be talk- Over the last several years, there 2008. That impacts families. ing this afternoon about power genera- have been dramatic changes in the en- Across the country, though, you’ve tion and grid reliability. ergy policy of the United States. And heard some detractors. These individ- In Texas, bigger is always better. as result, energy prices have signifi- uals have spread exaggerations, in Texas got bigger than any State in the cantly increased. Cap-and-trade legis- some case, falsehoods about the envi- last 10 years. We did it for simple rea- lation failed to pass the House in 2009. ronmental impacts of natural gas ex- sons: no state income tax; a right to However, Washington bureaucrats have traction through fracking. work State; commonsense regulations; already implemented several parts of And I want to point out that Presi- and cheap, reliable energy. To sustain cap-and-trade through erroneous EPA dent Obama’s own U.S. Geological Sur- that growth, we need five new large regulations. These regulations put lim- vey recently produced an important re- power plants in the next 2 to 3 years. It itations on carbon emissions, dimin- port that highlights the safety of nat- could be a matter of life and death. If ishing oil and gas production in my dis- ural gas production in Arkansas. Now, we have a power crisis such as the heat trict. you’re probably not hearing a lot about wave like we had in August of 2011, Since 1976, the number of environ- it, but it’s an important study that was when the entire State was over 100 de- mental regulations in the Code of Fed- done in conjunction with Duke Univer- grees for all 31 days of that month, if eral Regulations has increased 25-fold. sity and the University of Arkansas. that happens again, in the next 1 or 2 Regulations developed and enforced by In January of this year, they pub- years, power may go out over the the Environmental Protection Agency lished a study entitled ‘‘Shallow State, with rolling brownouts, rolling have had a devastating effect on energy Groundwater Quality and Geo- blackouts. That could be life and death production in the Central Valley as the chemistry in the Fayetteville Shale for the elderly, the young, the poor. EPA and other members of the Federal Gas Production Area.’’ The Obama administration’s obsta- environmental bureaucracy continue What’s the point of this study? The cles to fossil fuels is our greatest chal- to wage war on energy producers, cost- point of this study is that they tested lenge. Radical environmentalists have ing California thousands of high-qual- groundwater, and they found that killed two new, large power plants. One ity, good-paying jobs. By taking advan- what’s going on in the Fayetteville is the Las Brisas power plant near Cor- tage of the natural resources in Cali- shale is environmentally safe. pus Christi, and the second is the fornia, we can provide Americans with The yearlong study examined the White Stallion Power Plant, a coal quality jobs, restore our economy, and water quality of 127 shallow wells in plant, near Bay City, where we have reduce the struggle families face every the Fayetteville shale play. The report two nuclear reactors. Las Brisas was day due to high energy costs. concluded there’s no indication of sys- like coal. It used petroleum coke to re- The most efficient path toward re- temic regional effects on shallow fine that to make it energy. Now we’ll ducing our dependence on foreign oil groundwater. This supports the under- export that energy source overseas. and lowering energy costs is an all-of- standing that natural gas production is We need options to make sure that the-above approach that includes con- safe for our environment and commu- mothballed power plants can come ventional sources of energy as well as nities. back on line if we need them in a crisis. renewable energy sources such as

VerDate Mar 15 2010 01:51 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.061 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2282 CONGRESSIONAL RECORD — HOUSE April 24, 2013 hydro, solar, and wind power. My dis- nent example of President Obama’s this Nation to seek what Jimmy Car- trict is home to a growing number of prioritizing his radical environmental ter, in this very Chamber in 1976, chal- wind and solar farms. Developing mar- base over American energy develop- lenged this country to do—to be able to ket-based energy sources will help the ment is the continued failure to ap- achieve energy sufficiency? The answer United States meet its energy inde- prove the Keystone XL pipeline. can only be ‘‘yes.’’ pendence goals. However, in order to It’s a sad commentary on the state of The time is now for this Nation to be meet our country’s energy demand, we leadership in the modern-day Demo- able to act. We see Americans strug- must rely on a mix of traditional cratic Party compared with the record gling to be able to pay those bills. means while we continue to develop al- of men like President Kennedy. Presi- We’re seeing Americans right now that ternative energy solutions for the fu- dent Kennedy set out bold goals and are worried about being able to hold on ture. then laid out ways of achieving those to their jobs. This is an opportunity to Promoting energy production from goals. He came to this very Chamber be able to put Americans back to work California’s Monterey Shale, located and challenged the elected representa- and to be able to achieve that true en- directly under my district, could bring tives that before the decade is out, ergy self-sufficiency in this Nation. in 2.8 million jobs and raise an addi- America would land a man on the And it can be all-of-the-above. tional $25 billion in new revenues by Moon and return him safely back to In this last year, we passed a bill the end of the decade. This would not Earth. America achieved President that I presented, planning for Amer- only strengthen the local economy but Kennedy’s goals. ica’s energy future, that enumerated the State’s economy as a whole. that all-of-the-above strategy—wind, b 1620 Natural gas is a safe and responsible solar, hydroelectric energy, as well as energy source with high economic out- Now, given our resources from our coal, gas, our natural resources, to be put. In 2010, over 22,750 jobs were cre- friendly neighbors to the north, given able to develop them right here in ated in California alone. Studies show American innovation, we should echo America, to put our people back to that natural gas production will save the challenge of President Kennedy. We work, and to be able to create that en- each American household approxi- should make it the goal of this genera- ergy certainty. mately $926 per year between 2012 and tion that before this decade is out we When we look at this worldscape in 2015. Hydroelectric power accounts for become North American energy secure. which we currently live, the threats 63 percent of the clean power in this Now, there are vastly different un- that are there, it is appropriate for this country and 8 percent of total elec- dertakings between landing a man on Nation to truly achieve energy self-suf- tricity. Expanding hydropower produc- the Moon and becoming energy secure, ficiency. tion would further increase our energy but the spirit required to achieve suc- Through the bill that we just passed independence from foreign countries. cess in those areas is the same. The through the House of Representatives The Central Valley has the available only thing standing between America that my colleague noted, in the State workforce to construct and operate hy- and energy security for the future is an of Colorado, through the ditches, the dropower facilities throughout the Si- executive branch that’s run by environ- pipelines that have been built by the erra Nevadas, which would not only mental extremists that are beholden to Bureau of Reclamation, we can gen- produce energy to be used by the entire the wealthy liberal environmentalists. erate as much electricity just in the country but also provide the Central Now, residents of Billionaires’ Row in State of Colorado as the Glen Canyon Valley with the ability to store a San Francisco can afford to indulge in dam with small hydroelectric units. It clean, reliable water supply. fantasies of an economy run on wind- can be that all-of-the-above strategy, My home State of California, and the mills and solar panels. Meanwhile, men but we also need to increase the pro- entire United States, has been blessed and women in Mississippi that are duction of our traditional fuel sources with abundant conventional and renew- struggling to get to work know that it as well. able energy sources. Our constituents continues to break the better part of a The time is appropriate. We have the should not have to make tough deci- $100 bill to fill their car up with gas. resources and we have the technology sions regarding their daily energy con- We, as elected officials who serve the to be able to do that. The question yet sumption when our Nation has the people in need of affordable energy and to be answered is: Will we rise to be ability to produce enough energy to a thriving economy, must deal with able to actually meet that challenge? meet their needs. They should be able that reality. That’s why I support an As Americans, let us be committed to to water their yards, cool their homes all-of-the-above approach. It does in- developing American energy on Amer- in the summer, and drive their children clude renewable energy; but it also in- ican soil, to be able to create American to school without facing expensive en- cludes recovering American fossil fuels jobs, put Americans back to work, and ergy bills and high prices at the pump. like oil, natural gas, recovering Amer- to be able to create our own energy Mr. GARDNER. I thank the gen- ican coal that we can now burn cleanly certainty at this time. The future of tleman from California for his com- without damaging the environment, this country, the future for our chil- ments today and would point out that and expanding nuclear energy, includ- dren rely on those commonsense solu- in just a little bit we’re going to hear ing small modular nuclear reactors tions. We’re going to be putting them from one of the sponsors of a hydro- used in the production of electricity. If forward in this House. We’re calling power bill that will make a significant we do that, America can be energy se- the American people and the Senate difference in this State. And something cure. and the President to join us in that ef- that we ought to be doing more of is Mr. GARDNER. I thank the gen- fort. taking advantage of that clean, renew- tleman from Mississippi. Mr. GARDNER. I thank the gen- able energy resource. I now yield to the gentleman from tleman from Colorado. I would yield such time as he may Colorado (Mr. TIPTON), who has been a May I inquire of the Speaker how consume to the gentleman from Mis- sponsor of hydropower legislation to much time I have remaining. sissippi, ALAN NUNNELEE. make this country stronger in terms of The SPEAKER pro tempore (Mr. Mr. NUNNELEE. I want to thank the energy security. BENTIVOLIO). The gentleman from Colo- gentleman from Colorado for yielding. Mr. TIPTON. I thank my colleague rado has 3 minutes remaining. America has been blessed with an from Colorado for the time. Mr. GARDNER. I yield to the gen- abundance of natural resources. Be- Mr. Speaker, we have a very simple tleman from New York (Mr. REED), the cause of private-sector innovations, question before us as Americans: When chair of the Natural Gas and Manufac- we’ve seen a boom in energy develop- we’re looking at young families strug- turing Caucus. ment both on private lands and on gling to be able to pay bills, senior citi- Mr. REED. I so appreciate the gen- State lands. Sadly, due to the Obama zens on fixed incomes wondering how tleman yielding time, my good friend administration’s extreme environ- they’re going to be able to make that from Colorado. mental agenda, in these same years next payment to be able to heat their Mr. Speaker, I join this conversation we’ve seen a decline of energy recovery homes, or cool them as summer ap- tonight coming at it from a perspective off of Federal lands. The most promi- proaches, is it an appropriate time for of being the chair of the Natural Gas

VerDate Mar 15 2010 01:51 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.062 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2283 Caucus and cochair of the Manufac- It took Canada seven months to approve Keystone XL Pipeline. And, if he won’t act, we turing Caucus here in Washington, the pipeline. President Obama has taken over will. D.C., caucuses that have cochairs on a four and a half years. f bipartisan basis, where we’re working Study after study has shown that not only is REREFERRAL OF H.R. 763, REPEAL- together to try to figure out how we the pipeline safe—but it said to be the most ING ANNUAL FEE ON HEALTH can become energy independent, but advanced, state-of-the art pipeline ever con- INSURANCE PROVIDERS more importantly, Mr. Speaker, what structed. this issue represents for the average And the benefits of constructing this pipeline Mr. GARDNER. Mr. Speaker, I ask American family. go beyond just transporting oil. unanimous consent that H.R. 763 be re- What this represents, when we are Earlier this month, I was in Glasgow, Mon- referred to the Committee on Ways and developing domestic energy sources tana visiting NorVal Electric Co-op. Members Means and, in addition, to the Com- such as the natural gas boom across of the co-op told me that they are going to be mittee on Energy and Commerce. America that’s coming out of our shale supplying electricity to pump stations for the The SPEAKER pro tempore. Is there formations and our tight sands forma- KXL, allowing them to spread their cost bur- objection to the request of the gen- tion when it comes to oil, what this dens and hold rates steady for customers. tleman from Colorado? represents to manufacturing is it puts If Obama does not approve the Keystone There was no objection. American manufacturers in a competi- pipeline, their customers will see upwards of a f tive position so that they can invest in 40 percent increase in their utility rates over KERMIT GOSNELL manufacturing facilities here on Amer- the next ten years. ican soil. This is a great example of how this will im- (Mrs. BLACK asked and was given So what does that mean? What that pact everyday Americans. permission to address the House for 1 means to every man, woman, and child It will create thousands of jobs—at least 800 minute and to revise and extend her re- out there in America right now is that marks.) we are sitting on the precipice of a in my home state of Montana alone. And the president still can’t make a deci- Mrs. BLACK. Mr. Speaker, I stand manufacturing renaissance in America. here today outraged and deeply sad- This competitive edge that we are get- sion. Last month, the U.S. State Department dened by the heartbreaking story of ting from developing our natural gas the abortion doctor, Kermit Gosnell. and oil resources here in America issued its Supplemental Environmental Impact Statement for the Keystone XL Presidential This is the man currently on trial for means that we’re going to build plants. the murder of eight people, seven of They’re going to be putting people Permit application, which confirmed what we already knew. whom were newborns who were killed back to work for today and tomorrow after surviving late-term botched abor- and for generations to come. The Keystone XL Pipeline will have no sig- nificant impacts on the environment. tions in his ‘‘house of horror’’ clinic. We need to build things in America. But Gosnell didn’t act alone. He had That’s what this represents. We have a In fact, this is the fourth environmental re- view of the Keystone Pipeline—with a final re- a host of silent co-conspirators who re- report from PricewaterhouseCoopers: ferred women to his practice knowing by 2025, we are talking 1 million manu- port still to come. Let me be clear—this project means jobs. full well of the horrors that went on facturing jobs. behind those closed doors. Meanwhile, There should be no dispute in this This project could directly create more than the State boards gave Gosnell a free Chamber to join hands to make sure we 800 good-paying jobs in Montana—and thou- develop the energy resource in a safe sands more across the nation. pass for 17 years by failing to inspect and responsible manner, but develop it It means coming one step closer to North his clinic. for the sake of creating those jobs that American energy independence. The Key- When asked about Gosnell’s crime, put food on people’s tables, put a roof stone XL would be able to move up to our President tells us he has no com- over their heads, and take care of fami- 830,000 barrels of oil per day. That’s about ment. Where is your outrage, Mr. lies for generations to come. half the amount that the U.S. presently imports President? Are you too busy preparing I appreciate my good friend from Col- from the Middle East. your remarks for tomorrow night’s orado yielding the time to me today. I And of the oil moved each day, 100,000 Planned Parenthood fundraising gala? just have to say, American energy barrels will come from the Bakken formation, My heart breaks that our country means Americans’ national security, which spreads across Montana and North Da- has reached a point where we are all and it means American prosperity for kota. not outraged by a practice that ends a Americans of today and tomorrow. This isn’t about politics—Republicans and beating heart and takes the lives of our Mr. GARDNER. I thank the gen- Democrats alike support the pipeline. most vulnerable in our society. May tleman from New York. This is about our nation’s security. This is God forgive us. Mr. Speaker, the other night when I about lowering energy costs for American fam- f was driving home from a meeting in ilies. This is about American jobs. b 1630 one of my rural counties—it was about After four and a half years of waiting on 8 o’clock, 9 o’clock at night, it was President Obama to approve the Keystone XL CONGRESSIONAL BLACK CAUCUS dark outside—I drove by a field of pipeline, enough is enough. The SPEAKER pro tempore. Under windmills. At nighttime, you can see The American people deserve action on this the Speaker’s announced policy of Jan- that red light flashing across 100 wind job-creating project, not more of President uary 3, 2013, the Chair recognizes the turbines, and then of course the nat- Obama’s delays. gentleman from New York (Mr. ural gas development that’s taking That’s why today, the House Natural Re- JEFFRIES) for 60 minutes as the des- place right next to it. So, Mr. Speaker, sources Committee voted to advance the ignee of the minority leader. this Nation has an opportunity for en- Northern Route Approval Act. GENERAL LEAVE ergy security. It’s not next year; it’s now. This bill makes it possible for the pipeline to Mr. JEFFRIES. Mr. Speaker, I ask I thank my colleagues for joining be constructed in its entirety by removing the unanimous consent that all Members this debate on American energy today need for a presidential permit for the northern may have 5 legislative days to revise and look forward to continued con- portion of the Keystone XL pipeline. and extend their remarks. versations throughout this year. With this approval, we are one step closer The SPEAKER pro tempore. Is there Mr. Speaker, I yield back the balance to getting this pipeline approved. objection to the request of the gen- of my time. The construction of the Keystone XL pipe- tleman from New York? Mr. DAINES. Mr. Speaker, thank you, Mr. line means hundreds of good-paying jobs cre- There was no objection. JOHNSON for leading tonight’s leadership hour ated for Montanans, it means millions of dol- Mr. JEFFRIES. Mr. Speaker, it’s an on American energy. This is an issue of great lars injected into our economy, and it even honor and a privilege to have the op- importance to the people of Montana, and I’m means lower utility rates for Montanans—we portunity to stand here once again and glad we’re having this discussion tonight. can’t afford to wait any longer. to anchor the Congressional Black Cau- 1678. That’s how many days it’s been since Enough is enough. It’s been 1678 days. cus Special Order with my distin- the application to build the Keystone XL pipe- As a member of the House Energy Action guished colleague from the Silver line was filed. Team, I urge President Obama to approve the State, STEVEN HORSFORD.

VerDate Mar 15 2010 01:51 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.065 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2284 CONGRESSIONAL RECORD — HOUSE April 24, 2013 For the next 60 minutes, members dren opportunity, it’s good for them, invest in education. We would like to from the Congressional Black Caucus but it’s good for the community and talk about the particular issue that’s will speak directly to the American it’s good for the Nation. It lifts every- affecting our Black men and boys in people about the importance of invest- one’s productivity in a manner that education. We want to focus on the ing in the education of our children will benefit America. That is why the need to grow more science and math and of our young people as a matter of CBC believes that investing in edu- majors. We know we need to invest in utmost importance for the future pros- cation is the appropriate and a mean- pre-K, and we want to outline our pri- perity of this great country. ingful and the right way to go, given orities as they compare to the Repub- I’ve got the honor and the privilege what we confront in our country at lican budget that’s been offered by the of representing the 8th Congressional this moment. other side. District, which includes parts of We’ve been joined by several distin- And so as we enter into this hour of Queens, and it is largely anchored in guished members of the CBC. Let me power to talk about education, I hope neighborhoods in Brooklyn. And 100 first yield to my co-anchor, the distin- that we can cover these topics and oth- years ago this month, in April of 1913, guished gentleman from Nevada, Rep- ers, and I look forward to this discus- Ebbets Field opened for the first time. resentative STEVEN HORSFORD. sion. Ebbets Field, as the movie ‘‘42’’ has il- Mr. HORSFORD. To my colleague Mr. JEFFRIES. Mr. Speaker, let me lustrated, is the baseball stadium and dear friend, the Representative now yield to a great fighter for edu- where, on April 15 of 1947, Jackie Rob- from the 8th Congressional District of cation and for social and economic jus- inson broke the color barrier in Amer- New York, it’s good to join you for this tice here in the Congress and in this ica’s pastime and became the first Afri- hour of power to talk directly to our Nation, the distinguished gentleman can American to participate in a Major constituents and the American people from North Carolina (Mr. League Baseball game. about the priorities that we’re focused BUTTERFIELD). Now, we know that prior to that mo- on here in the United States House of b 1640 ment, African Americans, solely on the Representatives and that we hope our basis of their color, were prohibited colleagues on the other side will join Mr. BUTTERFIELD. Let me thank from playing Major League Baseball. with us to advance. you, Mr. JEFFRIES, for yielding me this And so you had individuals like ‘‘Cool Today, we bring to the focus of this time, and thank you for your leader- Papa’’ Bell and Josh Gibson, any num- body the need to invest in opportunity ship here in the House of Representa- ber of individuals who were stellar at through education. A pathway to a col- tives. their craft amongst the best who have lege education is a pathway into the Since you have arrived here in the ever played, confined to the Negro middle class. And as a panel that was House, you have just done extraor- leagues, unable to ever get onto a just convened, moderated by Wade dinary work. You’ve taken the time to Major League Baseball field because of Henderson, entitled, ‘‘For Each and come to this floor and to educate and the color of their skin. Every Child,’’ they indicated that, inform the masses of our people about That all changed on April 15, 1947, while a post-high school education is the great, important issues facing our when Jackie Robinson broke the color not an economic cure-all, it does pro- Nation. So I want to thank you for all barrier. And I think that holds an im- vide a steppingstone to a good job and of your work. portant point for us, what Jackie Rob- stable wages. I also thank Mr. HORSFORD, the other inson illustrated: that if you get an op- Now, every parent should be able to gentleman who has taken the time to portunity to get on the field of play, count on a good education for his or convene this special hour of presen- folks who otherwise have been excluded her children. As a father of three young tations. I want to thank you for all of from the mainstream can demonstrate children, I’m very focused on what my the work that you do. You are both that they will perform just as well, if children need in the opportunities to freshmen, but you have the personal- not better, than everyone else. advance in their lives and to be suc- ities and the abilities of someone who And in the context of education in has been in this body for many years, the United States of America, we con- cessful, as every parent is focused on, but, unfortunately, it is not always the so thank you very much. front a situation where you have one The Congressional Black Caucus this group of children in this country case. evening has chosen to talk about the who’ve got a first-rate education, and We need to refocus the conversation important subject of education. I am a then you’ve got another group of chil- on educational opportunity, as my col- strong supporter—a proponent—of dren who are confined to a broken pub- league, Mr. JEFFRIES, just indicated, strong public education. Mr. Speaker, lic school system that has failed them, and making sure that our children’s fu- there is no investment that we can that has inadequately prepared them ture is not determined by a ZIP Code. make as a country that is more impor- for the opportunities that otherwise Our schools should not be structured tant than investing in children and in- would be available in life. like a lottery system where some luck We don’t have necessarily, the lit- out and others strike out—to continue vesting in their education and in their erature has begun to show, an achieve- with your analogy, Mr. JEFFRIES. higher education. ment gap that relates to capacity or Poor kids who are exceptional should Regrettably, there are some people in ability. Yes, based on different per- be the norm, not the exception to the this body who think otherwise. They formance measures, Black children and rule. They deserve the resources they may say that they don’t think other- White children and Latino children need to be successful; and that’s what wise, but their actions demonstrate score differently in various areas of we, on behalf of the Congressional every day that they do not have a proficiency, but the literature has Black Caucus, are bringing forward strong commitment to supporting our begun to show that’s not really an here today. educational system in this country. achievement gap. It’s really an oppor- In order to fix what’s wrong right There are even some Members of this tunity gap. now, we need to change the way we Chamber who, regrettably, have said And what Jackie Robinson dem- think about our schools, because it’s from time to time that they want to onstrated, I think, for all of America to not simply schools that teach our stu- defund and eliminate the U.S. Depart- see is that, if you just give our children dents; it’s actually the entire commu- ment of Education. They feel that the the same opportunities available to nity. It is a community effort. educational responsibility of govern- others through the educational sys- In 2011, 78 percent of high school ment belongs to the States and not to tem—give them the same bat, give graduates from high-income families the Federal Government. That is so un- them the same glove, give them the enrolled in college. The shares for fortunate, but I want to encourage all same cleats, allow them to perform on middle- and low-income families were of us who serve in this body to work to- the same fields of human endeavor— 63 and 55 percent, respectfully. We have gether and stay together and to try to that they can perform just as well, if to work to close this gap and open a promote public education in every way not better, than everyone else. pathway to college for all students. that we can. And if you give them that oppor- Now, today, we will hear from our Now, Mr. JEFFRIES, I cannot speak tunity, if you give all American chil- colleagues who share with this need to about the State of New York with any

VerDate Mar 15 2010 02:04 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.067 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2285 authority or about the borough of cation jobs will be in danger. The Ron- uates in our family—we realized early Brooklyn—I know you do that very ald McNair TRIO program for doctoral on that we needed to do something well in that you’ve been there for many students from disadvantaged back- with public education: it was govern- years—but I can speak to my home grounds, which was cut at Elizabeth ment funding; it was access to a qual- State of North Carolina. City State University, is just one ex- ity education; but more importantly, it We have a demonstrated record of ample. Many State legislatures, includ- was folks like Congressmen JEFFRIES commitment and excellence in public ing that of my State, are cutting State and HORSFORD making a difference in education, both at the elementary and education budgets at the same time. our lives. But now we see there is still high school levels, as well as at the col- We must find ways to address our fiscal a significant number of hurdles that lege level. We started way back in 1868 challenges without placing the burden prevent many Americans from obtain- when our constitution was enacted. In on our children and our teachers. ing a quality education. Financial lit- the State constitution, we made sure While our goal must be to ultimately eracy, access to financial aid, quality that there was a provision that guaran- reauthorize the ESEA and the Higher education all play a critical role and teed a public education for every child Education Act, there are many ways must be a part of this national discus- in our State. Ensuring that our stu- we can help right now. We must pre- sion. dents have access to quality education serve the maximum Pell Grant and has long been a principle of my State keep interest rates on student loans I’m from the great State of Ohio. and of those that I associate with. So I low to enable low-income students to Last year, Ohio ranked seventh in the have firsthand knowledge of our edu- attend college. We must sustain fund- country for student debt, with the av- cational system. I know about the ing for Race to the Top grants. In erage student carrying $28,683 in debt. I dedicated educators that we have in North Carolina, those grants have de- also know that the growing student North Carolina, and I want to just en- veloped stronger curriculum in math loan is a burden in this country and courage them and thank them for their and science, and they are working. makes it more difficult for families to service, and I urge them to keep on They have strengthened teacher train- achieve future financial security. If doing what they’re doing. ing and improved early childhood edu- left unaddressed, it will affect us nega- Mr. Speaker, I came from a family of cation. tively over our broader economy. Cur- educators. My mother was a classroom Finally—and I will close—we must rently, there are approximately 37 mil- teacher. She taught school for 48 long also protect other STEM funding lion student loan borrowers with out- years. Many people want to know how streams through funding for NSF and standing student loans. These statis- a single person could be in the class- NIH, which support innovative re- tics threaten access to quality edu- room for that long, but my response is search in my district at Duke Univer- cation and must be addressed. that, during those days, you did not sity, East Carolina University, Eliza- One way to improve access to quality need a college degree in order to be a beth City State University, and at my education, as I hope you will hear re- classroom teacher—only a passionate alma mater of North Carolina Central peatedly tonight, is through the Pell commitment and a high school di- University. We must also support bills Grant. Again, I know firsthand be- ploma. like H.R. 595, the Veterans Education cause, you see, when I was going to col- I understand the importance of edu- Equity Act, which I introduced to re- lege, the Pell Grant in the early years cation, but even the most devoted and solve an inequity in existing law that was called the Basic Educational Op- capable educators must have the re- unintentionally allots more education portunity Grant. There is that word sources to provide our children with funds to veterans who are enrolled in again. quality education. We now face a defin- private colleges than those in public ing moment for future generations of institutions. Americans in which some Republicans The bottom line, Mr. Speaker, is that b 1650 want to fix this budget by cutting education must be a priority. We must By receiving that, it gave me that funding for our students in schools. At seize every opportunity to increase opportunity that propelled me. And the same time, we continue to be out- support for public education and not now, my sisters who follow me are all paced by other countries that continue decrease it. Public education should be educators. My mother, like Congress- to increase their educational invest- off-limits to budget cuts. man BUTTERFIELD’s mother, served ments. Mr. JEFFRIES. I thank the gen- many years, until she retired, going In this country, the world’s most tleman from North Carolina for his ex- into public schools as a reading spe- prosperous Nation, 25 percent of our tremely insightful comments and for cialist assistant where she helped so children do not graduate from high his leadership on this issue. many children understand the quality school. More than 90 million adults We have also been joined by another of that education and how reading and have inadequate literacy skills. The dynamic member of the freshman speaking would make a difference. numbers are even more startling for class, who has taken the Capitol by low-income children and African Amer- storm with her intelligence and ele- So you see, Pell Grants have been the ican children, many of whom live in gance. We are thankful for her leader- cornerstone in the lives of many mi- my district. Less than 8 percent of stu- ship. Let me yield to the distinguished norities seeking higher education and dents in advanced placement math or gentlelady from Ohio, Representative have provided more than $4 billion to science courses are African American. JOYCE BEATTY. African American college students Fewer than half of African American Mrs. BEATTY. I would like to join each year. Without the Pell Grant pro- students graduate from high school on my other colleagues in thanking my gram, hundreds of thousands of minor- time, and that must change. freshman class members Mr. JEFFRIES ity students would not be able to afford Despite these statistics, data show and Mr. HORSFORD for leading the Con- to go to college. that investments in educational pro- gressional Black Caucus’ discussion on I’ve also had the experience of work- grams like Title I and IDEA and Race this critical issue. ing as a leader in a 4-year institution to the Top and Head Start and TRIO I rise today to be an advocate for im- in our great State, the largest single are instrumental in preparing our stu- proving access to quality education for campus university in this country, dents to compete globally, but draco- minority students and to discuss the Ohio State University. I am proud to nian cuts through sequestration have government’s role in breaking down say that they are strong advocates for rolled back discretionary Education economic barriers for educational op- us making sure that we continue to put Department funding below the 2004 portunity. dollars into the Pell Grant so children level and have gutted many of those You see, I know firsthand how impor- of all races, ethnicity and color will be programs. tant government assistance is for op- My State will lose $25 million in portunity and quality education. I able to have that quality education. funding for primary and secondary edu- know that it makes a difference be- That is why the escalating cost of cation this year; 38,000 fewer students cause, when my brother and I entered education acutely affects students of will be served in my State; and 350 edu- college—first-generation college grad- all color and their access to a quality

VerDate Mar 15 2010 03:24 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.069 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2286 CONGRESSIONAL RECORD — HOUSE April 24, 2013 education. We need to also improve loan debt in America that now exceeds, maximum Pell Grant, which so many quality education by promoting STEM as the chart illustrates, more than $1 low-income families and students des- programs, STEM programs that build a trillion is really what imperils future perately depend on. pipeline of a highly skilled workforce generations in this country. You’ve got This is a real issue, and it’s a real dif- for today’s high-tech and industrial young people saddled with, on average, ference. That is why we are here today jobs. in excess of $25,000 per person in debt to bring attention to the differences Last year, African Americans re- facing a tough job market, with the in- between the two sides. I hope that as ceived just 7 percent of STEM-related ability often to find employment in we move forward, we can find common bachelor’s degrees, 4 percent of mas- their field of endeavor, to start a fam- ground. ter’s degrees and only 2 percent of doc- ily, to purchase a home, the things Mr. Speaker, I want to say some- torates. American colleges and univer- that traditionally have been associated thing, because sometimes I know when sities are poised to produce about 3 with pursuit of the American Dream. we talk about the needs of educating million science, engineer, technology The prescription that has been put Black children, that people will say, and math STEM majors over the next forth by the other side, as it relates to What about other communities? My decade. However, there has only been a how to alleviate this debt connected to answer to that is that if we can help 2 percent to 3 percent increase of Afri- students, is very different than the one improve the education for Black chil- can Americans in STEM professions that, I think, we on this side of the dren in America, we will improve edu- over the past year. aisle have chosen to offer. cation for all children in America, So, you see, we come tonight to ask Let me now yield to the gentleman whether they be Latino or White or this body, this Congress to be sup- from Nevada if he might elaborate on Asian. portive of making sure that children, our CBC vision for how to deal with the b 1700 and especially minority children, Afri- student loan problem or the education And so that is why we need to have can American children, be able to be of young people in America. an investment in education in Amer- our Jackie Robinsons, as we have Mr. HORSFORD. I say thank you to ica, not to defund, not to slash, not to today with our two leaders who stand my colleague from New York. reduce or not to freeze funding, but to here today as our Jackie Robinsons of Before I elaborate further, let me say invest in the very things that we know scholarship. that first you have to understand that work and that will improve the suc- With that, I thank you for allowing there is a problem in order to address cesses for young people to succeed in me the opportunity to come today. the problem. I think far too often some life. Mr. JEFFRIES. I thank the distin- of our colleagues on the other side fail Mr. JEFFRIES. I thank the gen- guished Congresswoman from Ohio. to recognize the fact that so many fam- tleman from the Silver State for those I note the connection to Ohio State ilies who are struggling to help their very astute observations. As Rep- University that we share in my family. students obtain a college degree are resentative HORSFORD has pointed out, My brother is a professor of history at having to do so through student loans a budget essentially is a choice and a Ohio State’s great institution. Your and rely greatly on Pell Grants for pathway forward that people in this contribution to opening up opportuni- that assistance. Maybe it’s because Chamber are making decisions on ties for people of color and all students they don’t have that same experience based on what they see as best for at such a great public university is that they don’t understand why these America. And the Republican budget noted. are important. that was passed by this House, as Rep- It is important, I think, for this in- This is what the House Republican resentative HORSFORD has indicated, in stitution to take a look at several of budget would mean for those very pro- total would cut $168 billion in spending the issues that you’ve raised, Congress- grams that you’re talking about. First, on higher education. That’s a value woman, that Representative HORSFORD the Republican budget freezes the max- choice, to walk away from young peo- and I will shortly explore. imum Pell Grant for the next 10 years, ple in America, young people who al- The debt situation is particularly even though Congress already enacted ready are being saddled with in excess troublesome, and I’m going to ask the and paid for mandatory annual infla- of $1 trillion in debt in total. gentleman from Nevada if he would tionary increases in 2010. With this one Now, what else does that budget do? make a few observations in connection step, they slash higher education fund- Well, it says that we’re going to take to what Representative BEATTY noted ing by $83 billion. the top tax rate, which is 39.6 for mil- is a student-loan problem that we have The House Republican budget allows lionaires and billionaires, the wealthi- here in America. the interest rate on need-based student est and the well off, and we want to Now, the interesting thing is that loans to double this summer. slash that tax rate down to 25 percent. during the 110-plus days that we all as The House Republican budget elimi- So we’re going to cut education spend- freshmen have been in this Chamber, nates the income-based repayment pro- ing for, among other reasons, to cut we’ve heard a lot of talk about the gram, which provides that Federal stu- further the taxes paid by the wealthy moral imperative of dealing with the dent loan borrowers can cap their loan and the well off in this country. That is debt situation that we confront in payments at 15 percent, going down to a choice that is bad for America. It’s America. And every time we’re about 10 percent in 2014 of their discretionary bad for the middle class. It’s bad for to hit the debt ceiling, there are some income each year. working families, and it’s bad for our in this Chamber who have said that we The reason that this is so important future. should perhaps default to send a mes- is because of constituents like the ones We have been joined by the distin- sage that some in this country appar- I spoke to on Sunday in my district. guished gentleman from Virginia, an ently are reckless with their spending We were talking about the immigra- expert in all matters pertaining to the habits. tion issue. But as we were discussing budget in this Congress, among other Now, parenthetically, this is, of that, many of them came to me and things. Representative BOBBY SCOTT is course, a complete mischaracterization said, Well, you know what? I’ve had to an expert on the CBC budget, in the of what the debt ceiling actually rep- borrow $30,000, $40,000, $50,000 in stu- budgets that have come out of this resents. It’s not a forward-looking ve- dent loans to acquire this degree, and House of Representatives, and it is my hicle designed to give the President the I’m now working in the field I’m in, honor and privilege to now yield to opportunity to spend more. It’s a back- but unfortunately it’s taking $1,000, him. ward-looking vehicle designed to allow $1,500, $2,000 a month of my income to Mr. SCOTT of Virginia. I thank the this administration, or any administra- pay back those student loans. gentleman for yielding and thank him tion, to pay bills that this Congress has At the very time these families are for his leadership on this issue and already incurred. struggling to do that, the Republican many other issues that he’s been work- But whenever we talk about the debt, budget proposes to slash it further. Not ing on while we’ve been serving on the my friends on the other side of the only does it slash support for individ- Judiciary Committee together. aisle raise it as a moral imperative. I uals and families who rely on student Mr. Speaker, I rise today to talk think the fact that we’ve got student loans, as I said, they also freeze the about an issue that is important to our

VerDate Mar 15 2010 01:58 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.071 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2287 society, and that is access to higher Grant to be able to afford tuition and invest in STEM education for our chil- education. Our Nation’s economic com- room and board. dren and our young people to make petitiveness depends on our ability to In most circumstances, students can sure that, moving forward, they have educate our next generation. We com- obtain student loans to cover the dif- the opportunity to develop careers in pete with nations all over the world for ference. It is also critical that students the STEM fields in a manner that will business, and our competitive advan- know what they’re getting into when benefit themselves, their families, tage is in our education. they take on student loans because their communities and, by extension, We’re not going to compete on low these are not grants. These are loans the country. wages. There are people who’ll work for that have to be paid back with inter- And so before I yield to the distin- much lower wages than we’ll work for est. guished gentleman from New Jersey, I in the United States, and so we’re not We’ve been helping students with believe that Representative HORSFORD going to win the battle of a race to the these loans. In fact, when we passed had an observation or two to make in bottom on wages. the Affordable Care Act a couple of the area of the need to invest in STEM We’re not going to win the battle by years ago, we included $1.5 billion to education. requiring workers to work near their strengthen the income-based repay- Mr. HORSFORD. Thank you, Rep- coworkers. If you can work across the ment program that currently allows resentative JEFFRIES. And you provided hall from your coworkers, if you have a students to cap their monthly student the clear nexus. computer, a modem, a fax machine, a loan payments to 15 percent of their While the Congressional Black Cau- cell phone, if you can work across the discretionary income. We need to do cus, working with our colleagues from hall, you can work across the globe. So more. the Hispanic Caucus and the Asian Pa- there’s no urgency to have people lo- The College Cost Reduction and Ac- cific Islander Caucus, supports com- cated here in the United States. cess Act, which was signed in 2007, in- prehensive immigration reform, includ- And if you can manufacture goods cluded a reduction in interest on stu- ing provisions that allow the best and anywhere in the world, you can have dent loans from 6.8 percent down to 3.4 the brightest from around the country them delivered anywhere else in the percent. That expired last year but we to immigrate to the United States and world, so you don’t have to be there to extended it, and we need to extend it to contribute to making our country be close to your customers. There used again and even make it permanent so great, we also believe that there should to be a time where if you wanted to that the loan interest rate doesn’t go be investment here in the United build a manufacturing plant, to get fi- up again. States to educate those of us here for nancing it had to be here in the United There is other legislation spending. these careers in the 21st century. Congresswoman KAREN BASS has a 10/10 Colleges and universities in our coun- States. Now we have worldwide bank- program that will allow payments to try will produce 3 million STEM ma- ing. You can build that plant anywhere be made of 10 percent of your discre- jors in the next 10 years. Still, accord- in the world. The reason businesses want to locate tionary income for 10 years, and the ing to a 2012 report by the President’s in the United States is because they rest can be written off. There are other Council of Advisors on Science and know they can get a well trained and things that are pending. Technology, our economy will demand But Mr. Speaker, we need to make more students graduating with STEM well-educated workforce, and we need sure that every student that studies degrees than we are currently pro- to make sure that we don’t fall behind and is prepared for college has that op- viding. because that is our economic competi- portunity. We need to make sure that So what can we do? tive advantage. no student is discouraged from enhanc- We need to increase funding in STEM We know that neighborhoods rely on ing their education because they don’t education and follow the lead of many education because those neighborhoods believe they can afford it. We need to of our Historically Black Colleges and that have high investment in education do what we can for student loans, in- Universities and Hispanic-serving insti- are much less likely to suffer from creasing Pell Grants, and making those tutions which are producing a greater crime and pay for social services. opportunities real. Our Nation depends share of students with STEM degrees. We know that individuals benefit Among HBCUs, currently, they from education. There’s an old adage on it. Our neighborhoods depend on it, and our next generation depends on it. produce about 19 percent of all STEM that the more you learn, the more you bachelor degrees, 38 percent of which earn. The kind of job that you can get I thank the gentleman for yielding. Mr. JEFFRIES. I thank Representa- are in the biological sciences, 31 per- in America today in our high-tech, in- tive SCOTT. We both sit on the Judici- cent in math, 35 percent in computer formation-based economy depends on ary Committee, and in the context of science, 34 percent in the physical the education that you get. In fact, ac- our service on the Judiciary Com- sciences, and 22 percent in engineering. cording to the Department of Labor, 90 mittee, we will be presented with an Now, the Obama administration has percent of the fastest growing, best- opportunity to deal with the issue of requested more investment for STEM paying jobs in the United States will comprehensive immigration reform. teachers and additional funds to ex- require at least some education past Already two hearings have been held pand effective models of teacher prepa- the high school level. Not necessarily a on this matter. ration to help train 10,000 STEM edu- 4-year college, maybe community col- One of the issues that has consist- cators per year. That’s what the Presi- lege or career education, but some edu- ently come up is the need to increase dent’s budget proposes. Those are the cation past the high school level. the number of H–1B visas for highly same priorities, they are the right pri- And while the benefits of getting an skilled immigrants in the STEM field— orities, and they’re the priorities that education are important and well science, technology, engineering and the Congressional Black Caucus agrees known, how to get that education is mathematics. need to be supported by this Congress. becoming a challenge. People have to We need to invest in teachers that pay for that education. Many people b 1710 will train students for jobs in the 21st apply for financial aid. That includes The technology-and-innovation econ- century. But let me be clear: you can’t scholarships, loans, grants, and also omy and sector in this country have expect students to graduate with de- the well known Pell Grant. The Pell taken off, and there are actually oppor- grees in science, mathematics, engi- Grant provides up to $5,500 a year for tunities. Some estimate approximately neering, and technology if we’re not an education. Unfortunately for many 20 percent of the workforce has open- doing more to invest in pre-K and to students, although the Pell Grant used ings in the technology-and-innovation help students start with a strong foun- to cover the cost of tuition, rarely does sector that many would like to see dation. And that’s why the President it provide tuition today. In fact, the filled by opening up the opportunities has a historic level of investment in his College Board suggested the average for highly skilled immigrants. It’s an budget for early childhood education cost of tuition is over $10,000. Many approach that I think shares bipartisan and pre-K. public colleges charge as much as support. We enroll most kids in this country $22,000, so a student has to come up But, simultaneously, many of us be- at 5 or 6 years old. We should be start- with as much as $15,000 over the Pell lieve that, as a country, we must also ing them earlier; 50 years of research

VerDate Mar 15 2010 01:58 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.073 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2288 CONGRESSIONAL RECORD — HOUSE April 24, 2013 tell us that critical development and being debated across this great Nation and closed the opportunity gap. What if learning happen before the age of five. today. However, efforts to address the we strengthened our education system When schooling starts at kindergarten issues are being undermined by our Na- and allowed all children to reach their or first grade, it denies these young tion’s educational deficit. full potential? What if we fostered an people chances to make the most of John F. Kennedy said that ‘‘our environment of innovation and leader- this critical period. progress as a Nation can be no swifter ship for this Nation’s outcomes in all Fundamentally reforming our edu- than our progress in education. The communities equally? cation system begins with high-quality human mind is our fundamental re- We have long held the solutions to pre-kindergarten programs. In my source.’’ address these issues, but they aren’t opinion, pre-kindergarten is an anti- True to this statement are struggles coordinated or connected. We have the dote for the achievement gap. In cases that we face as a Nation because of our potential to reach new heights as a Na- where our kindergarten teachers are divestment in our human mind and po- tion, but it requires a stronger edu- getting kids who’ve had, in some cases, tential. In the past, the U.S. led the cation system as well as effective solu- 2 years of early education, they’re see- world in several categories, including tions and resources to change the odds ing that the achievement gap has college graduates and innovation. Un- for our children in the most distressed stopped or been narrowed. That’s why fortunately, there has been a rapid de- communities. we need to invest in programs like cline in our ranking in these areas that I will be introducing the Promise Head Start so that we don’t have to directly correlates to the strength of Neighborhoods Act soon to do just play catch-up later or deny these this Nation. that. The Promise Neighborhoods ini- young, bright minds the opportunities Among these things, the U.S. has tiative represents an unprecedented ef- to go into the fields of the 21st century. dropped considerably in academic fort to work across silos and develop a So, Mr. Speaker, this is an and/also rankings, compared to other developed comprehensive cradle-to-career pipe- strategy, not an either/or. We believe nations. About 33 percent of our Na- line for children in distressed neighbor- that we can invest in both early child- tion’s fourth-grade students are pro- hoods to holistically address barriers hood education, K–12 education and ficient readers. Nearly 7,000 students to success. The Promise Neighborhoods higher education, not cut, slash or drop out of high school daily, and Act would foster continued collabora- deny these opportunities to America’s about a third of first-year American tion on the local level to build similar children. These are our priorities, and college students are required to take at pipelines in communities across this it’s what we’ll continue to fight for for least one remedial course. country. all of America’s children. Globally, our rankings have fallen of The pipeline of tightly woven, com- Mr. JEFFRIES. Thank you, Rep- our students in reading to 14th; in prehensive support for children empha- resentative HORSFORD. And as was science, to 17th; and in mathematics, sized in the Promise Neighborhoods noted earlier, the CBC believes that to 25th. Despite these daunting statis- Act would provide, among other things: prenatal education and support for there are children all across America, tics, the U.S. continues to lead the in many inner-city communities, cer- expecting parents; world in competitiveness, patents, high-quality early childhood edu- tainly in the neighborhoods that I rep- media, mobile and research univer- cation opportunities, including full- resent back home in Brooklyn and sities. But imagine the leadership that day, full-year kindergarten and pre- places like Bedford-Stuyvesant and we could hold in the world if we kindergarten; east New York and parts of Coney Is- strengthened our investment in edu- high-quality schools that success- land, where the public school system cation. fully leverage out-of-school time and has failed them for decades, generation Our Nation continues to be at a loss community engagement; after generation after generation sub- due to the untapped potential of our support for the transition to elemen- jected to a broken public school sys- students, especially students of color tary school, between elementary school tem, from a very early point, all the and low income. and middle school, and from middle way through high school. b 1720 school to high school; And unless we invest in turning these meaningful family engagement and For this particular population, the broken systems around, we’re essen- capacity-building; tially at risk of dooming young people statistics are even more daunting, but college and career readiness activi- to life sentences of disadvantage and the potential is greater as well. Forty- ties, including college counseling, sub- despair. That’s why the CBC supports two percent of Black students attend sidized employment opportunities, and the President’s proposal in his budget schools that are under-resourced and early college programs; to invest an additional $75 billion over performing poorly. Twenty-eight per- neighborhood-based support for col- a 10-year period, as Representative cent of core academic teachers at high- lege-age students from the neighbor- HORSFORD indicated, in early childhood minority schools lack the appropriate hood. education to make sure that we give certification. Black children, espe- This model engages the community every American child the opportunity cially boys, are more likely to be clas- to collaborate and end fragmented de- to be successful by putting them on an sified and placed in special education livery of programs to develop a pipe- even plane with those who get the ben- than their white counterparts. Black line for programs with demonstrated efit of a first-rate public or private and Hispanic males constitute 82 per- success. This model aims to eliminate school education. cent of the youth in special education the opportunity gap for low-income I want to yield to the distinguished programs. Black boys are 2.5 times less children and children of color and set a gentleman from New Jersey, another likely to be enrolled in talented and new standard for education and success dynamic member of the freshman gifted programs, even if their prior in this country. class, Representative DONALD PAYNE, achievement reflects the ability to suc- Though not realized, our Nation Jr., who was a leader on education ceed. holds a great deal of underdeveloped issues prior to arriving in the Congress, Yet despite these demoralizing facts, potential, and it lies within our human and he’s continued to demonstrate despite the failure of the American capital. Investing in education will leadership in this area and in other education system to properly educate strengthen our Nation as a whole and areas moving forward. these students, nearly 3 million college position us to once again lead the Mr. PAYNE. Mr. Speaker, I want to students in America are African Amer- world. Education is the single invest- thank my colleagues, Congressman ican. And only 13 percent of the U.S. ment that can unequivocally develop HORSFORD of Nevada and Congressman population, Black students represent 15 our economy and strengthen our fu- JEFFRIES of New York, for anchoring percent of the college student popu- ture. tonight’s CBC Special Order on improv- lation. Mr. JEFFRIES. I want to thank the ing access to quality education. Currently, these are beating the distinguished gentleman from New Jer- The recession, the economy, violence odds; but imagine how we could de- sey for his very astute observations. and gun control, the security of our velop and succeed as a Nation if we Mr. Speaker, how much time is re- Nation, these are the pressing issues changed the odds for these students maining on this Special Order?

VerDate Mar 15 2010 01:58 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.075 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2289 The SPEAKER pro tempore. The gen- ing about individuals. And the more cent of African Americans, 55 percent of His- tleman has approximately 5 minutes that we can invest in the individuals in panics, and 64 percent of Native Americans remaining. America, the greater return we will who hold bachelor’s or master’s degrees in Mr. JEFFRIES. Thank you very have in the productivity of that indi- science or engineering attended a community much, Mr. Speaker. vidual, their family, the community college at some point. We cannot afford to ig- Again, I thank the Representative they live in. And that will make for a nore the role of community colleges. from New Jersey for making it clear stronger America for all of us. That is We have to drastically increase the number that all children in this country de- what we are aspiring to accomplish in of African American students from these serve the opportunity to be part of a this 113th Congress. groups receiving degrees in STEM disciplines, pipeline toward progress and pros- We want to work with our colleagues or we will undoubtedly relinquish our global perity, even though some, unfortu- on the other side. Where they can meet leadership in innovation and job creation. We nately, have been subjected to cir- us in the middle to find solutions to know school administrators, teachers, commu- cumstances that often lead to a pipe- make these investments, we look for- nity leaders, public-private partnerships and line from the schoolhouse to the jail- ward to working with them. But one parents all play a critical role in addressing house. That’s not how things should be thing we will not do is to slash, defund, this issue. No one person or organization can anywhere in America. And that’s why or freeze the investment of the Amer- do it alone. We must all work together to le- we believe a robust investment in edu- ican children and the American family. verage our respective strengths and resources cation is the right way to go in this Mr. JEFFRIES. I thank the gen- to tackle this challenge. country. tleman from Nevada. We will not, as he For example, the corporate community was I’m going to ask the distinguished indicated, support any budget that bal- highly involved supporting a bill I co-authored, gentleman from the Silver State for his ances itself on the backs of children or the America COMPETES Act. As many of you observations on this chart. The chart young people or college students in are aware, I recently introduced the STEM illustrates that education pays. If you America. Unfortunately, that is the Opportunities Act of 2013 this March. The invest in education, increase the level budget that has been put forth by my STEM Opportunities Act of 2013 will help ad- of degree of attainment, what it does is colleagues on the other side of the dress many of the challenges faced by women increase the capacity for Americans to aisle. We support a balanced approach and underrepresented minorities pursuing earn a better living. to dealing with the economic problems science, technology, engineering, and mathe- And so, for example, for Americans that we have in this country that in- matics (STEM) research careers by: who have less than a high school di- volves the investment in education. Requiring the National Science Foundation ploma, their average weekly earning is That is what we stand for. That’s what (NSF) to collect more comprehensive demo- $451. But someone with a high school is good for America. graphic data on the recipients of federal re- diploma earns, on average, $638 per I yield back the balance of my time. search awards and on STEM faculty at U.S. week. And someone with a bachelor’s Ms. EDDIE BERNICE JOHNSON of Texas. universities (while protecting individuals’ pri- degree earns, on average, $1,053 per Mr. Speaker, it has been over 60 years since vacy); ,Promoting data-driven research on the week. If you give an American an ad- the Supreme Court’s decision in Brown v. participation and trajectories of women and vanced degree, their average earnings Board of Education desegregated our schools. underrepresented minorities in STEM so that per week increase to in excess of $1,600. Yet an achievement and opportunity gap re- policy makers can design more effective poli- Investing in education pays for the mains among our minority and low-income cies and practices to reduce barriers; And de- American people. students. veloping, through the Office of Science and I yield to my distinguished colleague As Members of Congress who represent Technology Policy (OSTP), consistent federal from Nevada. communities of color, the purpose of today’s policies, such as no-cost extensions and flexi- Mr. HORSFORD. Just to elaborate special order is to highlight an economic and bility in timing for the initiation of the award, further on this point, education attain- social crisis America faces if this problem is for recipients of federal research awards who ment is an economic imperative. Not not confronted and significant measures are have caregiving responsibilities, including care only is it the investment in the indi- not taken. Particularly, we must focus our ef- for a newborn or newly adopted child and care vidual that proves great dividends and forts on closing the gap in the STEM dis- for an immediate family member who is sick. a return on investment, but the failure ciplines. As the First Female and First African We’re all in this together, and working to- to invest, based on the bottom line in American Ranking Member of the House gether I know we can achieve great success. red, for someone with less than a high Science, Space and Technology Committee, f school diploma the likelihood of them this is an issue that is very serious to me and being unemployed is 14 percent. For has been one of the pillars of my legislative REPORT ON RESOLUTION PRO- those with a high school diploma who agenda in the United States Congress for over VIDING FOR CONSIDERATION OF are unemployed, it’s 9.4 percent. If you 20 years. H.R. 527, RESPONSIBLE HELIUM have a bachelor’s degree, the unem- Ensuring minorities are proficient in STEM is ADMINISTRATION AND STEW- ployment rate drops in half, to 4.9 per- more than just a question of equity. We have ARDSHIP ACT cent. And if you have a professional de- a vast, untapped pool of talent in America, Mr. BISHOP of Utah (during the Spe- gree, the unemployment rate is 2.4 per- and this pool is continuing to grow. It is esti- cial Order of Mr. JEFFRIES), from the cent. mated that, by 2050, 52 percent of the U.S. Committee on Rules, submitted a priv- So the correlation is clear that with population will be from underrepresented mi- ileged report (Rept. No. 113–47) on the education attainment come economic nority groups. Our ‘‘Nation’s Report Card,’’ by resolution (H. Res. 178) providing for prosperity, opportunity, and a return the National Assessments of Educational consideration of the bill (H.R. 527) to on investment that is good for that in- Progress, shows that students from underrep- amend the Helium Act to complete the dividual, their ability to provide for resented minorities are falling behind in math privatization of the Federal helium re- themselves and their family, and for and science as early as 4th grade. serve in a competitive market fashion our entire country. At the Post Secondary level, even though that ensures stability in the helium And so, Mr. Speaker, when we talk students from underrepresented minorities markets while protecting the interests about investment, we’re not talking made up about 33 percent of the college age of American taxpayers, and for other about investments in programs or sys- population in 2009, they only made up: 19 purposes, which was referred to the tems. We’re talking about investments percent of students who received an under- House Calendar and ordered to be in people. When we talk about Head graduate STEM degrees Less than 9 percent printed. Start, we’re talking about 3- and 4- of students enrolled in science and engineer- year-old children. When we talk about ing graduate programs, and; Barely 8 percent f title 1 funding, we’re talking about of students who received PhDs in STEM b 1730 schools and children that are identified fields. Frankly, all of these numbers are much as having low-income needs and the too low. IMMIGRATION REFORM disadvantaged. When we talk about I also must underscore the important role The SPEAKER pro tempore. Under funding for IDEA, the Individuals with that community colleges play in providing to the Speaker’s announced policy of Jan- Disabilities Education Act, we’re talk- STEM degrees for minority students. 50 per- uary 3, 2013, the Chair recognizes the

VerDate Mar 15 2010 01:58 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.078 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2290 CONGRESSIONAL RECORD — HOUSE April 24, 2013 gentleman from Iowa (Mr. KING) for 30 funding the Human Rights Council. We The tradeoff was amnesty in exchange minutes. don’t need to pay people like Professor for enforcement. Mr. KING of Iowa. Mr. Speaker, it’s Falk to hate America. People like him So, Mr. Speaker, the projection origi- my privilege to be recognized to ad- will do it for free. nally was 800,000 people in this country dress you here on the floor of the Meanwhile, let’s try the Boston ter- illegally that would get instantaneous House of Representatives. rorists for their crimes against Amer- legalization status, and then that num- I’ve listened to the dialogue over the ica; hold them accountable for murder. ber of course grew to 1 million. Rough- last, oh, 30 to 60 minutes and I’m a lit- And don’t try to blame America for the ly, that was the projected amount at tle bit surprised that some of the advo- murder of America’s children. Blame the time that the bill was debated in cates for the comprehensive immigra- the killers. Congress. We know that, instead, there tion reform bill wouldn’t simply look And that’s just the way it is. wasn’t 1 million people. It was 3 mil- at the impact on a lot of their friends Mr. KING of Iowa. I thank the gen- lion people that ended up receiving am- and neighbors. We see the highest un- tleman from Texas for his message. It’s nesty from the deliberations in this employment in the African American one that I hope, Mr. Speaker, is well Congress, the tug-of-war that came to- community. That’s the direct competi- heard across America: You don’t have gether, and it’s a product of com- tion that comes in if they grant am- to pay them to hate us. They hate us promise. I would point out that com- nesty on the Senate side. I ask the gen- for free. They hate us for our ideology promise isn’t always a good thing. This tleman to reconsider that. The best and for our success, for all of those rea- would be one of those examples. thing that would be would be more jobs sons. The compromise was, in exchange for for people that are here that are Amer- Mr. Speaker, I came here to the floor the promise of future enforcement, icans. tonight to talk about the immigration Ronald Reagan would sign the bill to I see the gentleman from Texas has issue here in the United States Con- instantaneously start the process to le- arrived. Generally, there is a pretty gress, primarily that has emerged in galize the people that were illegally in good narrative that comes forth from the United States Senate out of the the United States. Sounds familiar. the gentleman from the Beaumont Gang of Eight. Well, he signed the bill in ’86. What we area, so I would be very pleased to We know that there are some of these got was instantaneous legalization of yield to the gentleman from Texas (Mr. policies that are being worked through the people that were here—triple the POE). in meetings behind closed doors in the number that was projected—and the ef- fort to get law enforcement was under- PROFESSOR RICHARD FALK IS IN FANTASY LAND House of Representatives. They seem mined continually. It was undermined Mr. POE of Texas. I thank the gen- to admit to those meetings, but they’re in a number of ways: through litiga- tleman from Iowa for yielding some not very public and we don’t know very tion, through lack of will. As it ground time. I want to address the House on a much about what they’re talking forward, the respect for the rule of law, different issue tonight, but I do appre- about. I just get nervous when I see especially with regard to immigration ciate the time and letting me be off the bills written in secret. The Gang of Eight wrote their bill in law, diminished in each year. subject that he was going to, and will, As we’ve seen, the enforcement of our talk about momentarily. secret and popped it out last week or so, a little more, and we began to look immigration laws has diminished in Mr. Speaker, as you know, there are each administration, from Ronald through 844 pages. Surprise. Well, people in Boston—and really around Reagan through Bush 41, to Bill Clin- shortly after the bill was dropped, then the world, and in the United States es- ton, to Bush 43, and now to Barack the chairman of the Judiciary Com- pecially—trying to recover from the Obama. That’s the path that has taken mittee in the Senate calls hearings and terrorist attack that took place in Bos- place. ton. The Richard family laid their 8- begins to do the fastest process that Just a year ago, the debate was: year-old boy to rest, as did other fami- they can legitimately get done to try Would Congress pass the DREAM Act, lies. As a father of 4 and a grandfather to move an immigration amnesty bill the DREAM Act being the legislation of 10, no parent or grandparent ever out of the Senate before it gets so that I’ll say the chief advocate for it in many holes poked in it that it sinks of wants to see a child die in their youth, the Senate has been Senator DURBIN of especially being murdered the way this its own weight. Illinois. He has identified with it more young lad was. I take you back, Mr. Speaker, to: than anyone else. But the DREAM Act But meanwhile, in the halls of aca- How did we get here? What was the sce- is: those kids that came here, say, be- demia, Richard Falk, a professor and nario? What’s the path of immigration? fore their 18th birthday—and that goes an official with the United Nations I will go through the fast-forward up and down to 16, or on up to a little Human Rights Council, he blamed the version, backing this up to 1986. older than that. Those that came here terrorist attack on what he claims is In 1986, it became a political issue when they were relatively young, American global domination—and on that we had too many people in the maybe due to no fault of their own— the country of Israel, of all things. United States illegally. There was an theoretically, someone who was born 5 What an absurd comment for this so- effort made to resolve the issue and the minutes before in a foreign country called ‘‘intellectual’’ to make. The vile effort was this: that was brought in by their parents as comments come only 2 years after he Part of the people in the argument a little baby would get a legal status. personally was reprimanded by the said they wanted better border security And, by the way, in-State tuition dis- United Nations for promoting fantasy- and they wanted better immigration counts so they can go to college, get like 9/11 conspiracy theories. enforcement. The other side of the ar- legal status, and be able to work in the Mr. Speaker, why is Richard Falks gument said we’ve got to do something country. still employed by the United Nations to legalize people that are here that— In other words, it was amnesty for Human Rights Council? I don’t know if they used the language those young people who presumably Can someone please explain why the then if they were in the shadows or came into this country not of their United States also continues to be the not. Those two arguments came to- own will or perhaps not of their own largest funder of the United Nations, gether here in this Congress. And with knowledge that it was against the law which gives radical wingbats like Falk Ronald Reagan sitting in the White to enter the United States illegally, or a platform to spew their hate and anti- House, he received significant pressure those that might have been brought American rhetoric? I don’t think the from the people around him that urged into the country under a visa of one United States should be bankrolling him to sign the 1986 Amnesty Act. Now, kind or another, overstayed their visa the United Nations Human Rights that was one of only two times that and didn’t have a legal status anymore. Council. Let them find somebody else Ronald Reagan let me down in 8 years. In any case, the younger people given a to foot the bill for this international But he accepted the arguments that path to a legal status and a legal green institute of ingratitude. the only way to get agreement on en- card here in the United States, that’s It’s time for the elitist, uninformed forcement and to be able to respect and the DREAM Act. like Mr. Falk to go, and it’s certainly restore the rule of law was to make the A year ago, Mr. Speaker, it was not time for the United States to stop people that were here illegally legal. something that could pass the United

VerDate Mar 15 2010 01:58 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.080 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2291 States Congress. They long wanted to was only a memorandum between the portation proceedings. That’s a ‘‘shall’’ get the DREAM Act passed, but they Department of Homeland Security that that’s in the law that was upheld by could not because we stood on the rule they put out—and that they would fol- the Court yesterday in their decision of law and we said we are not going to low this guideline. They created four on this multiple-page decision. So nine reward people who break the law with, classes of people that were defined by of the 10 components of the argument, let’s just say, a de facto scholarship to age and by status, but four separate several of which I made early on after a university—and in California, it classes of people created in this memo- that issuing of the executive edict last would be a free ride. I made the argu- randum. year, nine of 10 were upheld. ment that how can you legalize people And the President manufactured a The 10th argument was one that the that are here illegally, refuse to en- work permit out of thin air, Mr. Speak- President sent it back to the executive force the law, the clear directive of the er, just simply made it up. All of the branch and said: your argument is so law, and have people sitting in a class- visas that exist in law, of course, are a illogical and baseless and convoluted room in, say, California with a free ride product of Congress. And it’s our exclu- and tied to footnotes, go back and re- while someone who has lost their hus- sive authority to define immigration write your argument. But the implica- band or wife in battle in Iraq or Af- law. It’s the President’s job to enforce tion or the tone of that is once that’s ghanistan, who finds themselves the the laws that are on the books. rewritten, he’s probably going to find sole breadwinner for their family, Now, the previous President had the it. I guess I don’t want to put words in wants to go to California—I’ll use as opportunity to veto immigration law. a judge’s mouth. I’m optimistic about the example—and have to pay out-of- It’s all signed into law and it is the law how that final component of the ruling State tuition in a California institu- of the land. The Constitution is the su- will be. tion, who is a widow or a widower of preme law of the land. The President In any case, it’s almost a 100 percent someone who has given their life for violated the Constitution and his own resounding decision that says: Barack our country, they’re sitting there next definition of congressional executive Obama and his appointees cannot write to someone who is in the United States and judicial authority when he issued immigration law out of thin air. They illegally that gets a free ride because this executive memorandum that can’t do so by executive memorandum, they’ve been declared a California resi- granted this legal status under the they cannot do so by edict, they cannot dent. DREAM Act principles. That happened, do so by executive order. Congress I would say, June or July of last year. writes immigration laws, Mr. Speaker, b 1740 Now we’ve come a quantum leap. As and the President’s job is to take care I could never reconcile the huge in- we go forward, we put together a meet- that those laws be faithfully executed. equity, the injustice of that idea, and ing and organized the effort to take the He has not done that. He’s defied his neither could a majority of Americans President to court on that issue. You own oath of office. The Federal Court or a majority of the United States Con- cannot have a President that’s going to has ruled on the side of article I, legis- gress. That’s why the DREAM Act legislate by executive edict. But he did lative branch of Congress. We will see wasn’t passed. Just a year ago that do that; and that case, Mr. Speaker, the impact of this decision. couldn’t be done. has worked its way through the courts. I think, Mr. Speaker, that now it’s The President said on March 28 of And I’m here to announce in the CON- time for the Gang of Eight to reassess 2010, when he was speaking to a high GRESSIONAL RECORD the results. as a result of this lawsuit. It’s time for school group here in the Washington, The name of the case is Crane v. the open-border advocates in this Con- D.C. area, they asked him: Why don’t Napolitano. This references the lead gress to reassess as a result of this law- you just pass the DREAM Act by exec- plaintiff as Christopher Crane, who is suit. They had concluded, the people on utive order, implement that? And the the president of the ICE union, the Im- my side of the aisle, Mr. Speaker, ap- President’s answer was: No, I don’t migration and Customs Enforcement pear to have concluded that Repub- have the constitutional authority to do union. He has been a stellar individual licans didn’t win the elections they an- so. That is a legislative branch activ- on this. He stood boldly and strongly, ticipated winning last November. On ity. And he said: You’re smart, you’re and he’s taken the threats and the buf- the morning after the election, some of educated, you know that in the three feting that comes from all sides of this our otherwise wise folks on our side of branches of government Congress’ job argument. He’s testified before Con- the aisle concluded that Mitt Romney is to pass the laws, my job as Presi- gress. He has stood at a press con- would have been President-elect if he dent, the head of the executive branch, ference and asked to be recognized to just hadn’t said two words, ‘‘self-de- is to carry those laws out and see to it ask questions of Senators over on the port,’’ and so now there has to be an ef- that they are enacted and enforced, Senate side. And he has flawlessly fort to try to, let’s say, start the con- and the judicial branch is to rule on walked his way down through this versation with select groups of people their constitutionality to tell us what thing by standing for the rule of law across the country that would require the laws are understood to mean. and for the Constitution and his own that amnesty be passed to ‘‘start the That was the description that the oath to uphold the law, as we have conversation.’’ President gave March 28, 2010. He said taken that oath here in this Congress Mr. Speaker, I would urge all of those he didn’t have the authority to imple- to uphold the Constitution. to reassess the situation and think ment a DREAM Act by executive au- This decision that came down yester- about this. They were seeking to con- thority. Congress wouldn’t pass it a day from a Federal District Court in form to the President’s edict on his year ago; the President said he Houston in the case of Crane v. Napoli- DREAM Act life. They were seeking to couldn’t do such a thing constitu- tano, there were 10 points that were adjust U.S. law under the premise that tionally, March 28, 2010. And here we’ve made in this litigation, Mr. Speaker. the President refused to enforce exist- come so far that in June or July—and Nine of the 10, the judge found clearly ing law, and the only way that we I don’t have those dates in front of me, down on the side of those who support could get law enforcement would be to nor committed to memory, Mr. Speak- the Constitution and the rule of law conform to the President’s wishes and er—the President went back on his own and rejected the executive branch’s ar- rewrite the law and conform it to the advice, word, oath of office and counsel gument that they had prosecutorial President’s political agenda. when they issued an executive memo- discretion to decide who to prosecute I thought from the beginning it was a randum. and who not to prosecute. ludicrous position to take, to accept an He held a press conference at the Time after time the judge wrote: idea that the President can, first, write White House within a couple hours of When Congress writes in statute the a law by executive edict; and, second, the executive memorandum and said: word ‘‘shall,’’ shall means shall. It Congress has to conform. Now, I’ve We are going to legalize all of these doesn’t mean may; it means shall. That seen it happen and participated in it in people that are here within these age means that when an ICE officer picks this Congress, Mr. Speaker, when we groups that fit the definition of the someone up and identifies them as have a piece of legislation and it finds DREAM Act—an executive edict, not likely to be in violation of immigra- its way over to the Supreme Court and exactly an executive order, because it tion laws, they shall be placed in de- the Supreme Court comes down with a

VerDate Mar 15 2010 03:24 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.081 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2292 CONGRESSIONAL RECORD — HOUSE April 24, 2013 ruling, and then Congress takes a look It is amnesty first. It instanta- to come back into the United States at the language of that Supreme neously legalizes everybody that’s in because we really didn’t mean it, Mr. Court’s ruling, and we will bring a the country illegally with a few tiny, Speaker. We didn’t really mean it, the piece of legislation to conform with a little exceptions, and that’s if we run idea that people were deported for vio- directive from the Supreme Court. I across them randomly and if they hap- lating immigration law. If they’d like think that’s an appropriate thing for us pen to have committed a felony or to reapply, unless they have a felony to do, provided we agree with the Su- three misdemeanors. Other than that, conviction or three misdemeanor con- preme Court’s decision and it’s clear, it instantaneously legalizes everybody victions, they’re going to give them a logical legal analysis. When we have who’s here illegally whether they com- path to come back to the United done that, I’ve agreed. mitted a crime of illegally crossing the States. So this isn’t just amnesty for An example would be the language on border or whether they overstayed those who are here now. This is am- partial-birth abortion that banned it. their visa or whether they committed nesty for those who have been sent The first time it went to the Supreme the crime of document fraud. Those home as well—an absolute open-door Court, the Supreme Court ruled that kinds of things are just simply not en- policy. the definition of ‘‘partial-birth abor- forced by this administration. They are And the trade off is—what?—amnesty tion’’ was too vague. So we went back treating immigration law as if it’s a first for the promise of enforcement. and fine-tuned that language, passed it secondary crime. It’s the same thing that came along in out of the Judiciary Committee, passed An example of that would be, if 1986 and multiple times since then— it out of the House and the Senate, you’ve got States that say that you amnesty for the promise of enforce- President Bush signed it, and it was can’t pull somebody over for not wear- ment. upheld when it found its way back ing their seatbelt, but if they’re speed- The promise of enforcement is that again before the Supreme Court. ing and if it happens to be they’re not Janet Napolitano is to produce within 5 b 1750 wearing their seatbelt, you can write years a plan to get 90 percent oper- ational control of the critical sectors That’s okay, and it’s an appropriate the ticket for that. That’s kind of the of the border that she designates, the and proper thing for this Congress to equivalent of what’s going on here. The President essentially issued this 90 percent of those that we see, of do—to conform our legislation to a Su- edict that, if somebody is guilty of a course, because you can’t count those preme Court decision when it’s a prop- felony and if they’re unlawfully in the that you can’t see. So they want to be er one. But when the President defies the law and the policy established by United States, then we will go ahead able to catch 90 percent of those that the United States Congress and makes and deport them; but otherwise they you can see. We don’t know if they’re up his own as he goes along by execu- would get similar treatment as, oh, going to turn their eyes the other way, tive edict and press conference and for let’s say, the President’s aunt, who was but here is what I know: we are never Congress to accept the idea that the adjudicated for deportation and who going to see the enforcement side of President of the United States directs lived in the country illegally for years this. It’s amnesty first, a promise of us, either implied or literally, to con- after that. Finally, she surfaced again, enforcement second. That has never form the law to the President’s wishes, and they granted her asylum status. If worked. I would remind all of those people who they’d sent her back to Kenya, she If they were serious, they would go to happen to think that, Mr. Speaker, would have apparently been subject to work and secure the border, shut off that we each have our own franchise. kidnap and ransom, so they gave her the jobs magnet, restore the respect for Our oath is to uphold the Constitu- asylum. I guess it’s an undecided case the rule of law. We would know in this tion. It’s not to conform to the Presi- with the President’s Uncle Omar, who country if there were respect for the dent’s whims or wishes. It’s to rep- was picked up for drunken driving. He rule of law restored, and at that point, resent the best decisions for this coun- had already been adjudicated for depor- I’m ready to sit down and talk. I’m try and to represent the people in the tation. We would know if he were any- ready to have that conversation but districts that we represent. We owe place other than still in the United not absent the reestablishment of the them our best judgment and our best States of America. rule of law, and that means border con- effort, but we don’t owe anybody an ob- The law didn’t apply to the Presi- trol, serious border control. We’ve got ligation to conform to the President’s dent’s relations, and I guess in order to the resources to do it, Mr. Speaker. It’s wishes, will, or whim. That has to only conform with that, the President would not that we don’t have it. conform with our best judgment, indi- like to exempt everybody from the We’re spending over $6 million a mile vidual best judgment, collectively same law that his family has been ex- on the southern border. You can build measured here in this Congress—House empted from. I disagree. Congress a four-lane interstate across Iowa corn- and Senate. writes the laws, and the President’s job fields for $4 million a mile. You can So I think that a Congress that is to carry them out. buy the right-of-way; you can engineer would be willing to give up its legisla- In this Gang of Eight’s legislation, it; you can design it; you can do the ar- tive authority and let that power go it’s instantaneous amnesty for almost cheological and the environmental; you over to the executive branch by con- everybody, and that is breathtaking in can grade it; you can put the drainage forming the idea of amnesty that the the magnitude of it. They say 11 mil- in; you can pave it; you can paint it; President has brought forward in his lion. I say 11 million, 12 million, more you can shoulder it; you can seed it; edict I think our Founding Fathers did likely 20 million. Here is what I would and you can put fences on it—all of not imagine. They did not imagine that guarantee you, Mr. Speaker: if they that for $4 million a mile through Iowa this branch of government would be so move legislation out of the Senate and cornfields. You cannot convince me willing to give up this power. Our if it does come to the House, along the that we couldn’t take about a third of Founding Fathers imagined that each way, if any of us introduce an amend- that $6 million a mile and in a few branch of government would jealously ment that would cap the legalization years build the finest, most sophisti- guard the power that’s granted it with- number at their estimated number, cated barrier along our southern bor- in the Constitution in the three sepa- they will never support such an amend- der. rate branches of government. They ex- ment because they know it’s a lot more We can take some lessons from the pected that Congress would assert its than 11 million people. It’s instanta- Israelis, for example, who get a 99.9 authority in competition with and in a neous amnesty for 11 to 20-or-more mil- percent efficiency rate at their border static tension with the President and lion people, but that’s not good enough barrier. They do that because their with the courts. The courts, by the for them. lives depend on it. So do ours in a lot way, were designed to be the weakest They also had to write into the bill of ways, Mr. Speaker. It’s not that hard of the three branches of government. that, if you have previously been de- to build infrastructure and add to that That’s a longer discussion. ported and if you find yourself waking infrastructure the sensory devices so The Gang of Eight, though, brought up in a country that you’re legal to that we can actually get the warning their bill out. What is it, Mr. Speaker? live in, we still send an invitation signals when people do get across such It is this: through this bill that you should apply a barrier. We can do all of that. We can

VerDate Mar 15 2010 02:26 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.083 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2293 do it with the resources that we have. portant that we as people, as Ameri- Now, I want to be clear, this isn’t a We can do it well up into the 90-some cans, Mr. Speaker, understand what partisan set of remarks because it’s not percentile of efficiency with the money the situation really is because at the a partisan issue. In fact, it’s very bi- that we have, and we can shut off the end of the day, I am very optimistic partisan, and this chart here shows jobs magnet. that when given the facts, the people of that. All we need to do is pass the New this country, as President Reagan ob- Going from beyond Kennedy—but I IDEA Act. IDEA, the Illegal Deduction served several years ago, will right the just started tracking from President Elimination Act. It clarifies that wages ship, will do the right thing. We’ll start Kennedy on—every one of our presi- and benefits paid to illegals are not tax to live within our means again, and dents, who represented both parties deductible. It lets the IRS come in. they will take control of the situation. since the 1960s, have accrued increasing Under their normal auditing process, I don’t think ultimately, Mr. Speak- levels of debt. Even Mr. Clinton, with they would run the employees through er, that the reform that is needed to the help of this Republican House who E-Verify. When they’d run the employ- solve this problem will actually start had technically balanced budgets, I ees through E-Verify, then we would or come from this floor or the floor of think, four times in his 8 years, still give the employer safe harbor if they’d our colleagues that we have on the overall ran up a very slight debt. use E-Verify. That’s a nice, comforting other side of the rotunda. The reform I want to be clear that our debt prob- thing. Each employer would want to and the solution to this problem will lems did not start on January 20, 2009, have that. If the IRS concludes that come from Main Street, will come from with the inauguration of President you’ve knowingly, willingly, or ne- the farm fields and the businesses and Obama. But as this chart also shows, glectfully been employing illegals, the kitchen tables of the great patriots our debt problems have been increas- they would rule that wages and bene- across this land. ingly and drastically exacerbated since fits paid to them are not a business ex- So it’s in that vein, Mr. Speaker, that time, and we need to get this pense. That means, out of your Sched- that I want to make a presentation under control. ule C, that money comes out and goes here on the floor of the House. I also Let’s take a look at exactly how over into the gross receipts again and make this presentation because of the much we’re borrowing and what’s caus- shows up in the bottom line as taxable current situation that we’re in with re- ing this debt. And I’m grateful tonight income, and your $10-an-hour illegal gard to our budgeting process. for the help of my staff member, Zach As I speak with you here on the floor employee turns into a $16-an-hour ille- Zagar, who is on the floor with me to tonight, Mr. Speaker, we have a budget gal employee, and it becomes a prudent help get me through these slides a lit- that passed the House of Representa- business decision on the part of the em- tle bit quicker. ployer to use E-Verify to clean up his tives, we have a budget that passed the United States Senate, and after 2 We are borrowing 31 cents of every workforce. dollar the Federal Government is So there are two simple things, Mr. months of being late, as it has been nearly every year that this current spending. Now, I’ll admit to you, Mr. Speaker: Speaker, that has actually improved. We can provide that border security President has been in office, we finally have a budget from our President. When I started making this presen- with the resources that we have by tation about a year and a half ago, 2 adding infrastructure, by adding and The main difference—well, there are several differences—but the main dif- years ago, we were borrowing 42 cents utilizing technology in addition to— of every dollar we spend. But thanks to and I have not said 2,000 miles of border ference I want to point out tonight be- tween these budgets is that the budget some good revenue forecasts and espe- fence—a fence, a wall and a fence. We cially leadership right here in the just build it according to the directives that came out of this House is the only one that balances. Why is that impor- House of Representatives, we’ve al- of the Secure Fence Act and keep ready been able to make some sensible building it until they stop going tant? It’s important because if you never present and pass a budget that cuts and rein in spending that has de- around the end. We shut off the jobs creased some of that spending. But magnet and restore the rule of law. balances—and let me remind you that a balanced approach isn’t a balanced again, until we stop borrowing, we can- Then let’s have a conversation, Mr. not begin to start paying down this Speaker; but until then, I’m going to budget. Someone’s opinion of a bal- anced approach, like our President’s, debt: 31 cents of every dollar, Mr. stand on defending the rule of law. Speaker. Mr. Speaker, I yield back the balance doesn’t mean that the budget balances, Let’s also be honest. We’ve been in of my time. no matter how many times he or House Democrats say that. debt before as a country, and the ques- f The reason it’s so important that a tion then arises, why should we worry b 1800 budget balances is because it shows so much now. Well, we should worry your intent; it shows your intent to fi- now. Let me explain why we should AMERICA’S DEBT nally start paying off the debt. Because worry by going back to the last time The SPEAKER pro tempore. Under like everyone knows, you can’t pos- that this country was in this kind of the Speaker’s announced policy of Jan- sibly start paying nearly $17 trillion in debt, when our debt level, if you in- uary 3, 2013, the Chair recognizes the debt until you get to a balanced budget clude the Social Security trust fund, gentleman from Indiana (Mr. ROKITA) so that you have a surplus, hopefully, reached nearly and over 100 percent of for 30 minutes. and then, in fact, use that surplus to gross domestic product. That time was Mr. ROKITA. Mr. Speaker, I rise pay down the debt. right at the end of World War II. today to talk about the most impor- So if you present and pass a budget So what makes our situation so dif- tant issue of our time in this country, that never balances, you intend by ferent now than the last time we were and really the world. what you’re saying and doing there to in so much debt? Well, number one, the We are nearly $17 trillion in debt and never pay off the debt. And I would cause of our debt back at the end of $100 trillion in debt in unfunded prom- submit that when you do that, you World War II was much different than ises to our children and grandchildren can’t call it debt any more because now. The cause of our debt back then that they stand to inherit if we fail to what you’re doing is stealing. You’re was, in fact, the war, and it was a one- act. This is an issue that my colleagues stealing from future Americans. You’re time event. One way or another, even and I on the Budget Committee take stealing from the children of tomor- back then, we knew it was going to very seriously, and I know that most row, children that don’t exist yet and end. If it ended well for us, if we won, Members of this body take very seri- therefore have no voice in the matter which we did, we would have a good ously. because they can’t vote. What an easy economy coming out of that war, we To that end, we view our role as not target they are. would become creditor to the world and only legislators, but educators. And in So when you pass and you vote for we would begin paying down that debt. our great State of Indiana, I talk about budgets that never balance, that’s In fact, that’s exactly what happened. this issue almost in a nauseating fash- what you’re doing, you’re stealing. If we had lost World War II, I guess it ion to some, but I think it’s very im- Let’s call it what it is, Mr. Speaker. wouldn’t really matter how much debt

VerDate Mar 15 2010 02:26 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.085 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2294 CONGRESSIONAL RECORD — HOUSE April 24, 2013 we had because we would all be speak- I’d take it that far, but let’s assume for the underlying law. I can’t, as Rep- ing perhaps a different language. This purposes of this debt discussion that resentative ROKITA, decide how much country might not even exist. the Federal Government acted as a Americans who qualify for Social Secu- The drivers of our debt today, how- family. Here’s what our Federal budget rity will get in their Social Security ever, have absolutely no intention of picture looks like. check. The law sets that out. I don’t ending as they currently stand. I’ll get Our annual family income, $25,000. get to decide in a budget document to that in a little bit. The drivers of Those are the tax receipts, the revenue what services you get under Medicare. our debt today are the social entitle- we get from the people of this country, That’s set in the underlying law. Med- ment programs and the interest that their property that we confiscate to icaid, the same way. we continually owe ourselves and other run the Federal Government, some of Of course, interest is a contractual countries. it necessary, most of it increasingly agreement. We agree to pay interest to The second difference between the not necessary. Our annual family our bondholders. That can’t be last time that we had this level of debt spending, $36,000. That is eight zeroes changed. And then a smorgasbord of and now is who we owe this debt to. lopped off, a rounded real number, other mandatory spending rounds out Back then, during World War II, we leaving us an annual debt that we have what really is over two-thirds of our owed the debt to ourselves, nearly 100 to put onto one family credit card of spending. So two-thirds of your Federal percent. Remember the war bond post- $11,000. spending is on autopilot. It’s not ad- So we’re a family. We’re making ers, Mr. Speaker? Remember when justed year to year. It’s not as simple $25,000. We’re spending $36,000, a deficit Americans stood up, bought those as just cutting or lowering budget fig- of $11,000. It goes on a credit card, the bonds and we financed World War II? ures. If we’re going to get out of debt, one family credit card that already has b 1810 in order to lower this debt, we have to a balance of $168,000. Future purchases reform the underlying causes of our Increasingly, as this chart shows, our on that credit card, the promises that debt, and that’s our social entitlement debt is owed to other countries, the we made to the wife and the kids over programs. largest of which right now is China. the years, if they were to be put on It’s getting to the point where the debt that credit card now, $1 million. Now, about this time, many Members we owe to other countries is nearly But wait a minute. Remember I said are about to get up and claim 30 min- half our total debt. So we increasingly borrowing has gone down. We’re spend- utes in response on behalf of their con- have creditors who, by definition, don’t ing a little less. We have this drastic, stituents who say, Wait, I paid into have our best interests at heart, not incoherent, ham-fisted—whatever the those social entitlement programs. like we did as individual Americans adjectives we’re hearing lately—se- That’s not the government’s money; buying those war bonds, and that’s a quester that simply cut 2 percent out that’s my money. Week after week, out problem. It’s such a problem that it of Federal spending. Gee, cutting 2 per- of my paycheck, money went into has become a national security issue, cent out of Federal spending, can you Medicare and money went into the So- and that needs to be addressed as well. imagine what the other 98 percent of cial Security account, for example. I Think about this, Mr. Speaker: with government does if all this stuff is sup- paid in; therefore, I get out. the interest that we pay China alone posed to happen on just 2 percent? Any- I want to acknowledge here on the on the credit they issue to us by buying way, we save some money. In this ex- floor of the House of Representatives our Treasury bonds, et cetera, China ample, it would come out to $310. that that is true. You have paid in. We with that interest payment every week Now I will give the microphone, I will have paid in. We continue to pay in. can buy three new joint strike fighters yield to any gentleman or gentle- But it’s not the whole truth, as this if we let them, if those were in produc- woman, Member of the House, here to- chart indicates. You see on average, if tion. They can finance their military night that wants to get up here and de- you made $71,000 a year, you and your operations just on the money we give fend this and defend these numbers. I spouse through your working lives, you them. And in this increasingly complex didn’t think so. will have paid in—and this is an exam- world, changing every day, new That’s all right, Mr. Speaker. I will ple for Medicare—about 35 percent of threats, new risks, that is a particu- note for the record that there are very what you’re getting; 35 percent of what larly vulnerable place to be, and we are few Members here. you’re getting. And that 65 percent dif- doing it to ourselves because of our re- My next chart, this is what your Fed- ference, quite honestly, is paid for by fusal to balance budgets and otherwise eral Government spends its money on. the children of tomorrow, almost all of live within our means, to put more on Now, I took the liberty of taking two it. Again, they don’t have any voice in our plates now at the expense of our pieces of the pie and pulling them out. the matter because they don’t exist national security and at the expense of The reason I did that was because I yet. the children of tomorrow, people who want everyone to understand that don’t exist yet and therefore have no when we vote for budgets, the line So the moral question that we have voice in the matter. items we vote on really only represent as a country is: How much more does a I have to tell you, it is hard for me those two pieces of the Federal spend- future generation have to pay so we even as a Budget Committee member ing pie. So our votes every year when can have more on our plate now? And to visualize what $17 trillion really we pass a budget only concern spend- when you have budgets that do not bal- looks like, what it means; and I cer- ing, quite honestly, on those two ance, you are happy to say, when you tainly can’t understand or visualize pieces. That’s non-defense discre- vote for budgets that don’t balance, what I said earlier about the $100 tril- tionary and defense discretionary. you are happy to say that we’re letting lion that’s on the way, specifically over That’s why we call it discretionary, be- them pay the load. And that’s dif- the next 50 to 75 years, representing cause we actually have discretion on ferent. That’s the first time, this is the the promises that we’ve made under dialing up defense or dialing it down, first time in American history as I the social entitlement programs. or some of the non-defense programs, know it, that we have basically said, That’s what’s coming. In fact, our like the 167 agencies or so that are We don’t care. We don’t care that our country will be bankrupt, I’m sure, and under the discretionary budget. That future generations, that the next gen- we’ll be off the world’s reserve cur- would be the Department of Energy, eration, will be worse off than us at our rency long before we reach the $100 Department of Education, and all of very expense. But that’s exactly what trillion, but it’s coming and it’s real. the ones in between. we are doing when we don’t pass bal- So what I like to do is take actual But if you look at this, Mr. Speaker, anced budgets. budget numbers and break off eight most of the pie is mandatory spending, Like I mentioned earlier about the zeros from them so I get them in a meaning it doesn’t really come through $100 trillion example, it’s not just the more manageable fashion. The Presi- the normal budget process because it current debt load that we carry; it’s dent has said, I’ve heard him reference can’t, because these were promises that what’s coming. And that’s what is de- the Federal Government as some kind were made in the underlying law. They picted by the red line here that you no- of Federal family. Well, I don’t know if cannot be changed unless you change tice is going nearly vertical.

VerDate Mar 15 2010 02:26 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.087 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2295 b 1820 France now with a 75 percent marginal Mr. FLORES (at the request of Mr. It’s on a trajectory that we may not tax rate. CANTOR) for today and the balance of be able to arrest, that we might not be But let’s assume for the sake of dis- the week on account of attending me- able to bend back down again if we cussion that you take a hundred per- morial services and funerals for the don’t get ahold of it now. cent of what they earn. You’re not victims of the fertilizer plant explosion This is what happens when 10,000 peo- going to get enough revenue to pay off in West, Texas on April 17. ple a day retire into programs that go the debt. There are not enough Oprah f unreformed. And that’s a problem. Winfreys—or when I’m in Lafayette I That’s a big problem. And that’s why like to say Purdue football coaches—to ADJOURNMENT it’s so important to get ahold of this pay off this debt. If people are saying, Mr. ROKITA. Mr. Speaker, I move problem now, to make these reforms like our President, that more revenue that the House do now adjourn. now, before we turn into Greece. And is needed to pay off the debt, they’re The motion was agreed to; accord- in our case, when that happens, it will coming for the middle class. They’re ingly (at 6 o’clock and 26 minutes be a lot worse, not just for us but for coming for where the property is, p.m.), under its previous order, the the entire world. where the money is, and that’s in peo- House adjourned until tomorrow, These figures do not lie. By the way, ple who make anywhere from $50,000, Thursday, April 25, 2013, at 10 a.m. for most of these figures that I present to- $75,000, to $500,000. morning-hour debate. The next slide reflects another false night don’t come from TODD ROKITA’s f office. They come from the Budget solution: let’s just get rid of all that Committee. The good Democratic foreign aid. And I’m the first to say EXECUTIVE COMMUNICATIONS, members of the Budget Committee we’ve really got to examine who we ETC. don’t disagree with the numbers. I give foreign aid to. I would say this, Under clause 2 of rule XIV, executive imagine there’s disagreement, and we also: we don’t give foreign aid nec- communications were taken from the have seen disagreement certainly on essarily to other countries so that they Speaker’s table and referred as follows: the committee about how to solve the can thank us. We do it because there’s a strategic reason to do it, like our na- 1222. A letter from the Management Ana- problems that the data present. I am lyst, Department of Agriculture, transmit- tional security, but let’s assume we cut increasingly shocked and awed to hear ting the Department’s final rule—Fees for out all foreign aid. You’re only ad- Members on the other side say that Official Inspection and Official Weighing dressing about 2 percent of our Federal there really isn’t a problem with the Services Under the United States Grain spending. This is not something that data, with the issue that the data Standards Act (USGSA) (RIN: 0580–AB13) re- you can solve the debt problem with. ceived April 16, 2013, pursuant to 5 U.S.C. present, but nonetheless the data is the Some say let’s cut out defense. I will 801(a)(1)(A); to the Committee on Agri- data and the data does not lie. also be the first to say, there is tre- culture. There have been offered some false mendous waste, fraud and abuse in the 1223. A letter from the Director, Regu- solutions, I would say, to our problem military, so much that they can’t even latory Review Group, Department of Agri- of this debt. I would quickly like to culture, transmitting the Department’s final be audited, not because there’s a stat- dispel some of them, and I’d like a rule—Noninsured Crop Disaster Assistance ute preventing it; they are so big and point of order asking the Speaker how Program (RIN: 0560–AI06) received April 15, so sloppy and so leaderless in this fash- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the many more minutes I have. ion that they cannot get themselves to The SPEAKER pro tempore. The gen- Committee on Agriculture. an audit table, and that is wrong. We 1224. A letter from the Acting Principal tleman has 8 minutes remaining. should be maximizing every dollar we Deputy, Department of Defense, transmit- Mr. ROKITA. Thank you, Mr. Speak- ting a letter on the approved retirement of er. can to our warfighters who protect us, and we’re not doing that now. Lieutenant General Willian K. Rew, United The first false solution: We need States Air Force, and his advancement on more tax revenue; we’re not taxing But, Mr. Speaker, having said that, defense—if we had no defense, if we had the retired list in the grade of lieutenant ourselves enough, and only if we tax general; to the Committee on Armed Serv- no military—would only be a 20 percent more, especially from the, quote-un- ices. cut in our overall spending. Not enough quote, rich—those who haven’t paid 1225. A letter from the Acting Principal to balance the budget. Not enough to their fair share, quote-unquote—we’d Deputy, Department of Defense, transmit- solve this debt problem. ting National Guard and Reserve Equipment solve this debt problem. We have several solutions to this, Let me address that for a minute. Report (NGRER) for Fiscal Year 2014; to the starting with the House Republican Committee on Armed Services. This is one of the slides that doesn’t budget: reform Medicare, reform Med- 1226. A letter from the Assistant Secretary come from the Budget Committee; it icaid, reform Social Security, not cut of the Navy, Department of Defense, trans- comes from the IRS. I have no reason people who are in or on these programs mitting the Department’s annual report list- to dispute it. I saw it in The Wall ing all repairs and maintenance performed right now because we don’t have to. We Street Journal a couple of years ago. on any covered Navy vessel in any shipyard have the luxury if we act now to re- The bars represent where the money in outside the United States or Guam during form these programs now, Mr. Speaker. this country is, the taxable revenue, the preceding fiscal year; to the Committee You can go to rokita.house.gov to where people’s property is, and it’s di- on Armed Services. learn more. Only if you were born in 1227. A letter from the Chairman and Presi- vided along income groups. If you look 1958 or after are we offering a restruc- dent, Export-Import Bank, transmitting a at the far right of this chart, you’ll see tured program so that it’s around for report on transactions involving U.S. exports that the furthest right bars represent you, so that it’s around for all Ameri- to Hong Kong pursuant to Section 2(b)(3) of Americans who have taxable revenue of the Export-Import Bank Act of 1945, as cans, future generations, and so that anywhere from $1 million to $10 mil- amended; to the Committee on Financial we don’t have to hurt the people that lion. And the largest, the highest bars, Services. are on them now. 1228. A letter from the Chairman and Presi- where the middle is, represent Ameri- I’m out of time, Mr. Speaker, to go cans who have taxable revenue of any- dent, Export-Import Bank, transmitting a through all those right now. I’d like to report on transactions involving U.S. exports where from $75,000 to $500,000 a year. come back at some point and pick up to Mongolia pursuant to Section 2(b)(3) of The point of this slide is, you can take that discussion. the Export-Import Bank Act of 1945, as all the millionaires’ money if you With that, I yield back the balance of amended; to the Committee on Financial wanted, really make them pay their my time. Services. fair share, take a hundred percent of 1229. A letter from the Acting Director, Of- f what they earn, and you’ll have to as- fice of Management and Budget, transmit- sume two things: that they would con- LEAVE OF ABSENCE ting a report on discretionary appropriations tinue producing, which of course they legislation within seven calendar days of en- By unanimous consent, leave of ab- actment; to the Committee on the Budget. wouldn’t, and you’d have to assume sence was granted to: 1230. A letter from the Acting General that they would continue living in the Mr. COOK (at the request of Mr. CAN- Counsel, Federal Energy Regulatory Com- country, which I assume they wouldn’t. TOR) for today on account of a death in mission, transmitting the Commission’s Look at the mass exodus going on in the family. final rule—Annual Charge Filing Procedures

VerDate Mar 15 2010 02:26 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K24AP7.089 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2296 CONGRESSIONAL RECORD — HOUSE April 24, 2013 for Natural Gas Pipelines [Docket No.: AA39) received April 12, 2013, pursuant to 5 ting the Department’s final rule—Safety RM12–14–000; Order No. 776] received April 12, U.S.C. 801(a)(1)(A); to the Committee on the Zone; M/V XIANG YUN KOU and MODU 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Judiciary. NOBLE DISCOVERER; Resurrection Bay, Committee on Energy and Commerce. 1241. A letter from the Deputy Assistant Seward, AK [Docket No.: USCG–2013–0128] 1231. A letter from the Director, Office of Administrator, Office of Diversion Control, (RIN: 1625–AA00) received April 18, 2013, pur- Congressional Affairs, Nuclear Regulatory Department of Justice, transmitting the De- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Commission, transmitting the Commission’s partment’s final rule—Schedules of Con- mittee on Transportation and Infrastruc- final rule—Enforcement Guidance Memo- trolled Substances: Placement of Methylone ture. randum 13–002, Enforcement Discretion Not Into Schedule I [Docket No.: DEA–357] re- 1252. A letter from the Attorney Advisor, to Cite Violations Involving the Use of the ceived April 15, 2013, pursuant to 5 U.S.C. Department of Homeland Security, transmit- New American Society of Mechanical Engi- 801(a)(1)(A); to the Committee on the Judici- ting the Department’s final rule—Safety neers (ASME) Certification Marks Instead of ary. Zone; St. Patrick’s Day Fireworks; ASME Code Symbol Stamps, While Rule- 1242. A letter from the Attorney General, Manitowoc River, Manitowoc, WI [Docket making Chances Are Being Developed re- Department of Justice, transmitting notifi- No.: USCG–2013–0116] (RIN: 1625–AA00) re- ceived April 16, 2013, pursuant to 5 U.S.C. cation that the Department has determined ceived April 18, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and not to file a petition for a writ of certiorari 801(a)(1)(A); to the Committee on Transpor- Commerce. in R.J. Reynolds V. Food & Drug Adminis- tation and Infrastructure. 1232. A letter from the Director, Defense tration, No. 11–5332 (D.C. Cir.); to the Com- 1253. A letter from the Attorney Advisor, Department of Homeland Security, transmit- Security Cooperation Agency, transmitting mittee on the Judiciary. ting the Department’s final rule—Safety a notice of proposed lease with the Govern- 1243. A letter from the General Counsel, Zones; Annual events requiring safety zones ment of the United Kingdom (Transmittal Executive Office for Immigration Review, in the Captain of the Port Lake Michigan No. 01–13) pursuant to Section 62(a) of the Department of Justice, transmitting the De- zone [Docket No.: USCG–2013–0020] (RIN: partment’s final rule—Forwarding of Asylum Arms Export Control Act; to the Committee 1625–AA00) received April 18, 2013, pursuant Applications to the Department of State on Foreign Affairs. to 5 U.S.C. 801(a)(1)(A); to the Committee on 1233. A letter from the Acting Assistant [EOIR Docket No.: 173; AG Order No. 3375– Transportation and Infrastructure. Secretary, Legislative Affairs, Department 2013] (RIN: 1125–AA65) received April 12, 2013, 1254. A letter from the Attorney Advisor, of State, transmitting notice that the Dep- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Homeland Security, transmit- uty Secretary has issued the required deter- mittee on the Judiciary. ting the Department’s final rule—Great mination to waive certain restrictions on the 1244. A letter from the Secretary, Judicial Lakes Pilotage Rates-2013 Annual Review maintenance of a Palestine Liberation Orga- Conference of the United States, transmit- and Adjustment [Docket No.: USCG–2012– nization (PLO) Office; to the Committee on ting the Conference’s Article III and bank- 0409] (RIN: 1625–AB89) received April 18, 2013, Foreign Affairs. ruptcy judgeships recommendations and cor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1234. A letter from the Secretary, Depart- responding draft legislation for the 113th mittee on Transportation and Infrastruc- ment of the Treasury, transmitting as re- Congress; to the Committee on the Judici- ture. quired by section 401(c) of the National ary. 1255. A letter from the Attorney Advisor, Emergencies Act, 50 U.S.C. 1641(c), and sec- 1245. A letter from the Secretary, Judicial Department of Homeland Security, transmit- tion 204(c) of the International Emergency Conference of the United States, transmit- ting the Department’s final rule—Special Economic Powers Act, 50 U.S.C. 1703(c), a ting proposed legislation ‘‘Criminal Judicial Local Regulations; Charleston Race Week, six-month periodic report on the national Procedure, Administration, and Technical Charleston Harbor; Charleston, SC [Docket emergency with respect to Syria that was Amendments Act of 2013’’; to the Committee No.: USCG–2013–0081] (RIN: 1625–AA08) re- declared in Executive Order 13338 of May 11, on the Judiciary. ceived April 18, 2013, pursuant to 5 U.S.C. 2004; to the Committee on Foreign Affairs. 1246. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- 1235. A letter from the Executive Director, Department of Homeland Security, transmit- tation and Infrastructure. Access Board, transmitting the Board’s an- ting the Department’s final rule—Draw- 1256. A letter from the Chief, Publications nual report for FY 2012 prepared in accord- bridge Operation Regulation; Green River, and Regulations, Internal Revenue Service, ance with Section 203(a) of the Notification Small-house, KY and Black River, transmitting the Service’s final rule—Begin- and Federal Employee Antidiscrimination Jonesboro, LA [Docket No.: USCG–2013–0041] ning of Construction for Purposes of the Re- and Retaliation Act of 2002 (No FEAR Act), (RIN: 1625–AA09) received April 18, 2013, pur- newable Electricity Production Tax Credit Public Law 107–174; to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Com- and Energy Investment Tax Credit [Notice: Oversight and Government Reform. mittee on Transportation and Infrastruc- 2013–29] received April 18, 2013, pursuant to 5 1236. A letter from the Chief Executive Of- ture. U.S.C. 801(a)(1)(A); to the Committee on ficer, Corporation for National and Commu- 1247. A letter from the Attorney Advisor, Ways and Means. nity Service, transmitting FY 2014 Congres- Department of Homeland Security, transmit- 1257. A letter from the Assistant Director, sional Budget Justification/FY 2012 Annual ting the Department’s final rule—Special Legal Processing Division, Internal Revenue Performance Report; to the Committee on Local Regulations; Patriot Challenge Kayak Service, transmitting the Service’s final Oversight and Government Reform. Race, Ashley River; Charleston, SC [Docket rule—Biodiesel and Alternative Fuels; 1237. A letter from the Director, Court No.: USCG–2013–0030] (RIN: 1625–AA08) re- Claims for 2012; Excise Tax [Notice 2013–26] Services and Offender Supervision Agency ceived April 18, 2013, pursuant to 5 U.S.C. received April 10, 2013, pursuant to 5 U.S.C. for the District of Columbia, transmitting 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Ways and Means. the Agency’s annual report for FY 2012 pre- tation and Infrastructure. 1258. A letter from the Chief, Publications pared in accordance with Section 203 of the 1248. A letter from the Attorney Advisor, and Regulations, Internal Revenue Service, Department of Homeland Security, transmit- Notification and Federal Employee Anti- transmitting the Service’s final rule—Sec- ting the Department’s final rule—Safety discrimination and Retaliation Act of 2002 tion 911(d)(4)—2012 Update received April 8, (No FEAR Act), Public Law 107–174; to the Zone; Seafair Blue Angels Air Show Perform- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Oversight and Government ance, Seattle, WA [Docket Number: USCG– Committee on Ways and Means. Reform. 2012–0903] (RIN: 1625–AA00) received April 18, 1259. A letter from the Secretary, Depart- 1238. A letter from the Chairman, Federal 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of Health and Human Services, trans- Maritime Commission, transmitting the Committee on Transportation and Infra- mitting Medicare-Medicaid Coordination Of- Commission’s report for fiscal year 2012 on structure. fice Fiscal Year 2012 Report to Congress; the amount of acquisitions from entities 1249. A letter from the Attorney Advisor, jointly to the Committees on Energy and that manufacture articles, materials, or sup- Department of Homeland Security, transmit- Commerce and Ways and Means. plies outside of the United States; to the ting the Department’s final rule—Safety 1260. A letter from the Secretary, Depart- Committee on Oversight and Government Zone; BWRC Spring Classic, Parker, AZ ment of Health and Human Services, trans- Reform. [Docket No.: USCG–2013–0074] (RIN: 1625– mitting ‘‘Finalizing Medicare Rules under 1239. A letter from the Director, Office of AA00) received April 18, 2013, pursuant to 5 Section 902 of the Medicare Prescription Self-Governance, Department of the Interior, U.S.C. 801(a)(1)(A); to the Committee on Drug, Improvement, and Modernization Act transmitting a copy of the Amendment No. 4 Transportation and Infrastructure. 2003 (MMA) for Calendar Year (CY) 2012’’, to the 2010–2014 Multi-Year Funding Agree- 1250. A letter from the Attorney Advisor, pursuant to 42 U.S.C. 1395hh(a) Public Law ment entered into between the Department Department of Homeland Security, transmit- 108–173, section 902(a)(1); jointly to the Com- of Interior and the Cooper River Native As- ting the Department’s final rule—Draw- mittees on Ways and Means and Energy and sociation; to the Committee on Natural Re- bridge Operation Regulation; Sabine River, Commerce. sources. near Ruliff, LA [Docket No.: USCG–2012–1065] 1261. A letter from the Inspector General, 1240. A letter from the General Council, (RIN: 1625–AA09) received April 18, 2013, pur- Railroad Retirement Board, transmitting fis- Executive Office for Immigration Review, suant to 5 U.S.C. 801(a)(1)(A); to the Com- cal year 2014 Congressional Justification of Department of Justice, transmitting the De- mittee on Transportation and Infrastruc- Budget for the Office of the Inspector Gen- partment’s final rule—Registry for Attor- ture. eral; jointly to the Committees on Appro- neys and Representatives [Docket No.: EOIR 1251. A letter from the Attorney Advisor, priations, Transportation and Infrastruc- 138F; A.G. Order No.: 3377–2013] (RIN: 1125– Department of Homeland Security, transmit- ture, and Ways and Means.

VerDate Mar 15 2010 02:26 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\L24AP7.000 H24APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 24, 2013 CONGRESSIONAL RECORD — HOUSE H2297 REPORTS OF COMMITTEES ON H.R. 1697. A bill to amend the Internal Rev- fornia, Mr. CONYERS, Mr. WAXMAN, PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 to allow refunds of Federal Mr. TIERNEY, Ms. LOFGREN, and Ms. motor fuel excise taxes on fuels used in mo- SCHAKOWSKY): Under clause 2 of rule XIII, reports of bile mammography vehicles; to the Com- H.R. 1706. A bill to establish an Inde- committees were delivered to the Clerk mittee on Ways and Means. pendent Monitor to maintain oversight of for printing and reference to the proper By Mr. GENE GREEN of Texas (for the settlement by mortgage servicing com- calendar, as follows: himself and Mr. BARTON): panies that were subject to enforcement ac- H.R. 1698. A bill to amend titles XIX and tions for unsafe and unsound practices re- Mr. BISHOP of Utah: Committee on Rules. XXI of the Social Security Act to provide for lated to residential mortgage loan servicing House Resolution 178. Resolution providing 12-month continuous enrollment of individ- and foreclosure processing, and for other for consideration of the bill (H.R. 527) to uals under the Medicaid program and Chil- purposes; to the Committee on Financial amend the Helium Act to complete the pri- dren’s Health Insurance Program, and for Services. vatization of the Federal helium reserve in a other purposes; to the Committee on Energy By Mr. RODNEY DAVIS of Illinois (for competitive market fashion that ensures sta- and Commerce. himself, Mr. SHIMKUS, Mr. ENYART, bility in the helium markets while pro- By Mr. DEFAZIO (for himself, Mr. Mr. KINZINGER of Illinois, Mr. tecting the interests of American taxpayers, POLIS, Ms. GABBARD, Ms. PINGREE of SCHOCK, Mr. DANNY K. DAVIS of Illi- and for other purposes (Rept. 113–47). Re- Maine, Mr. WELCH, Mr. YOUNG of nois, Mr. FOSTER, Mrs. BUSTOS, Mr. ferred to the House Calendar. Alaska, Mr. GEORGE MILLER of Cali- SCHNEIDER, Mr. GUTIERREZ, Mr. f fornia, Ms. SLAUGHTER, Mrs. HULTGREN, Mr. QUIGLEY, Ms. SCHA- PUBLIC BILLS AND RESOLUTIONS CHRISTENSEN, Ms. SCHAKOWSKY, Mr. KOWSKY, Mr. RUSH, Mr. LIPINSKI, Ms. MORAN, Mr. CICILLINE, Mr. KELLY of Illinois, Ms. DUCKWORTH, Under clause 2 of rule XII, public MCDERMOTT, Mr. GRIJALVA, Mr. BLU- and Mr. ROSKAM): bills and resolutions of the following MENAUER, Mr. HUFFMAN, Ms. LEE of H.R. 1707. A bill to designate the facility of titles were introduced and severally re- California, Ms. SPEIER, Mrs. NAPOLI- the United States Postal Service located at ferred, as follows: TANO, Mr. NADLER, Mr. CONNOLLY, 302 East Green Street in Champaign, Illinois, Ms. NORTON, and Ms. KUSTER): as the ‘‘James R. Burgess Jr. Post Office By Mr. MCGOVERN (for himself, Mr. H.R. 1699. A bill to amend the Federal Building’’; to the Committee on Oversight WOLF, Mr. CAPUANO, Mr. MCCAUL, Ms. Food, Drug, and Cosmetic Act to require and Government Reform. LEE of California, Mr. SCHOCK, Ms. that genetically engineered food and foods By Ms. JENKINS (for herself, Mr. BASS, Ms. SCHAKOWSKY, Mr. VAN HOL- that contains genetically engineered ingredi- CROWLEY, Mr. CLEAVER, Mr. ROSKAM, LEN, Mr. SHERMAN, Mr. GRIJALVA, Ms. ents be labeled accordingly; to the Com- Mr. FRANKS of Arizona, Mr. EDWARDS, Mr. CLAY, Ms. MOORE, Mrs. mittee on Energy and Commerce. MULVANEY, Mr. SMITH of Nebraska, CAROLYN B. MALONEY of New York, By Mr. ENGEL (for himself, Mrs. Mr. CONAWAY, Mr. GIBBS, Mr. POLIS, Mr. CONYERS, Mr. DEFAZIO, Mr. CAR- LOWEY, and Mr. PAYNE): Mr. CHABOT, Mr. WESTMORELAND, Mr. SON of Indiana, Mr. CICILLINE, Mr. H.R. 1700. A bill to require the President to MEEKS, Mr. TURNER, Mr. CRAMER, Mr. JOHNSON of Georgia, Ms. MCCOLLUM, issue guidance on Federal response to a MORAN, Ms. BROWN of Florida, Mr. Mr. MICHAUD, Mr. RUSH, Mr. MORAN, large-scale nuclear disaster; to the Com- HUIZENGA of Michigan, Mr. MATHE- Mr. MARKEY, Mr. MCINTYRE, Mr. mittee on Transportation and Infrastruc- SON, Mr. WALBERG, Mr. SCHRADER, POLIS, and Mr. WELCH): ture. Ms. BONAMICI, Ms. DELBENE, Mr. H.R. 1692. A bill to require the development By Mr. POE of Texas: SCHOCK, Mr. BLUMENAUER, Mr. PAUL- of a comprehensive strategy to end serious H.R. 1701. A bill to prohibit the Secretary SEN, Mr. AUSTIN SCOTT of Georgia, human rights violations in Sudan, to create of Health and Human Services replacing ICD- Mr. GRIFFIN of Arkansas, and Mr. incentives for governments and persons to 9 with ICD-10 in implementing the HIPAA LONG): end support of and assistance to the Govern- code set standards; to the Committee on En- H.R. 1708. A bill to suspend temporarily the ment of Sudan, to reinvigorate genuinely ergy and Commerce, and in addition to the duty on certain footwear, and for other pur- comprehensive peace efforts in Sudan, and Committee on Ways and Means, for a period poses; to the Committee on Ways and Means. for other purposes; to the Committee on For- to be subsequently determined by the Speak- By Mr. LEWIS: eign Affairs, and in addition to the Commit- er, in each case for consideration of such pro- H.R. 1709. A bill to authorize the Attorney tees on Financial Services, Oversight and visions as fall within the jurisdiction of the General to award grants to eligible entities Government Reform, and the Judiciary, for a committee concerned. to prevent or alleviate community violence period to be subsequently determined by the By Mr. BARBER (for himself and Mr. by providing education, mentoring, and Speaker, in each case for consideration of THORNBERRY): counseling services to children, adolescents, such provisions as fall within the jurisdic- H.R. 1702. A bill to amend title 38, United teachers, families, and community leaders tion of the committee concerned. States Code, to make permanent the author- on the principles and practice of non- By Mr. GRIFFIN of Arkansas (for him- ity of the Secretary of Veterans Affairs to violence; to the Committee on Education and self, Mr. CRAWFORD, and Mr. transport individuals to and from facilities the Workforce. WOMACK): of the Department of Veterans Affairs in By Mr. LEWIS: H.R. 1693. A bill to provide an exemption connection with rehabilitation, counseling, H.R. 1710. A bill to authorize the Gandhi- for community banks from the application of examination, treatment, and care; to the King Scholarly Exchange Initiative focusing Basel III capital standards; to the Com- Committee on Veterans’ Affairs. on peace and nonviolence in global conflict mittee on Financial Services. By Mr. BOUSTANY (for himself, Mrs. resolution, and for other purposes; to the By Mr. ELLISON (for himself, Mr. BLACKBURN, Mr. GINGREY of Georgia, Committee on Foreign Affairs. PAULSEN, and Mr. DUFFY): and Mr. TIBERI): By Mr. BEN RAY LUJA´ N of New Mex- H.R. 1694. A bill to allow the Secretary of H.R. 1703. A bill to amend title XIX of the ico: the Treasury to rely on State examinations Social Security Act to permit States to re- H.R. 1711. A bill to make funds available to for certain financial institutions, and for duce the amount of home equity that is ex- the Department of Energy National Labora- other purposes; to the Committee on Finan- empted for purposes of determining eligi- tories for the Federal share of cooperative cial Services. bility for long-term care assistance under research and development agreements that By Mr. SCOTT of Virginia (for himself, Medicaid and to eliminate the State Med- support maturing Laboratory technology Mr. MASSIE, Mr. CONYERS, Ms. BASS, icaid maintenance of effort requirement es- and transferring it to the private sector, and Mr. COHEN, Mr. RICHMOND, and Mr. tablished under Public Law 111-148 with re- for other purposes; to the Committee on JOHNSON of Georgia): spect to eligibility standards to obtain Med- Science, Space, and Technology. H.R. 1695. A bill to amend title 18, United icaid assistance for long-term care services; By Mr. MCNERNEY (for himself, Ms. States Code, to prevent unjust and irrational to the Committee on Energy and Commerce. MATSUI, Mr. COSTA, Mr. HONDA, and criminal punishments; to the Committee on By Mr. BRALEY of Iowa: Mr. JOHNSON of Georgia): the Judiciary. H.R. 1704. A bill to amend the Internal Rev- H.R. 1712. A bill to prevent foreclosure of By Mr. POE of Texas (for himself, Mr. enue Code of 1986 to increase the deduction home mortgages and provide for the afford- WELCH, Mr. THOMPSON of California, for start-up expenditures for business for 2013 able refinancing of mortgages held by Fannie Mr. GIBSON, Mr. GARDNER, and Mr. and 2014; to the Committee on Ways and Mae and Freddie Mac; to the Committee on BLUMENAUER): Means. Financial Services. H.R. 1696. A bill to amend the Internal Rev- By Mr. BURGESS (for himself and Mr. By Mr. MURPHY of Pennsylvania (for enue Code of 1986 to extend the publicly trad- COTTON): himself, Mr. HECK of Nevada, Mr. ed partnership ownership structure to energy H.R. 1705. A bill to amend title 10, United MEEHAN, and Mr. GERLACH): power generation projects and transpor- States Code, to provide for certain forms of H.R. 1713. A bill to establish a procedure to tation fuels, and for other purposes; to the physical therapy under the TRICARE pro- safeguard the surpluses of the Social Secu- Committee on Ways and Means. gram; to the Committee on Armed Services. rity and Medicare hospital insurance trust By Mr. LUETKEMEYER (for himself By Mr. CUMMINGS (for himself, Ms. funds; to the Committee on Rules, and in ad- and Mrs. KIRKPATRICK): WATERS, Mr. GEORGE MILLER of Cali- dition to the Committee on the Budget, for a

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SA´ NCHEZ of and quarter dollar coins, and for other pur- Article 1, section 8, clause 1 California, Mr. LOWENTHAL, Ms. poses; to the Committee on Financial Serv- Article 1, section 8, clause 3 MENG, Mr. DEUTCH, Mr. VARGAS, Mr. ices. Article 1, section 8, clause 18 RANGEL, Mrs. DAVIS of California, By Mr. WELCH (for himself, Mr. GIB- By Mr. DEFAZIO: Mr. CONYERS, Mrs. NAPOLITANO, and SON, Ms. PINGREE of Maine, and Mr. H.R. 1699. Ms. SINEMA): DESJARLAIS): Congress has the power to enact this legis- H.R. 1714. A bill to direct the Secretary of H.R. 1720. A bill to conduct a pilot program lation pursuant to the following: Veterans Affairs and the Secretary of Hous- in support of efforts to increase the amount Clause 3 of Section 8 of Article I of the ing and Urban Development to establish a of purchases of local fresh fruits and vegeta- Constitution. grant pilot program to provide housing to el- bles for schools and service institutions by By Mr. ENGEL: derly homeless veterans; to the Committee giving certain States the option of receiving H.R. 1700. Congress has the power to enact this legis- on Financial Services, and in addition to the a grant from the Secretary of Agriculture for lation pursuant to the following: Committee on Veterans’ Affairs, for a period that purpose instead of obtaining commod- Article I, Section 1; to be subsequently determined by the Speak- ities under Department of Agriculture pro- er, in each case for consideration of such pro- Article I, Section 8, Clause 1; grams; to the Committee on Education and Article I, Section 8, Clause 3; and visions as fall within the jurisdiction of the the Workforce, and in addition to the Com- committee concerned. Article I, Section 8, Clause 18. mittee on Agriculture, for a period to be sub- By Mr. POE of Texas: By Mr. PETERS of Michigan (for him- sequently determined by the Speaker, in self, Mr. GARDNER, Mr. CARNEY, and H.R. 1701. each case for consideration of such provi- Congress has the power to enact this legis- Mr. POLIS): sions as fall within the jurisdiction of the H.R. 1715. A bill to establish procedures for lation pursuant to the following: committee concerned. the expedited consideration by Congress of Clause 18 of section 8 of Article I of the By Mr. CONYERS: the recommendations set forth in the Cuts, Constitution which states that Congress has Consolidations, and Savings report prepared H. Res. 179. A resolution recognizing the power ‘‘to make all Laws which shall be by the Office of Management and Budget; to ‘‘International Jazz Day’’; to the Committee necessary and proper for carrying into Exe- the Committee on the Budget, and in addi- on Foreign Affairs. cution the foregoing Powers, and all other tion to the Committee on Rules, for a period f Powers vested by this Constitution in the Government of the United States, or in any to be subsequently determined by the Speak- CONSTITUTIONAL AUTHORITY er, in each case for consideration of such pro- Department or Officer thereof.’’ visions as fall within the jurisdiction of the STATEMENT By Mr. BARBER: committee concerned. Pursuant to clause 7 of rule XII of H.R. 1702. By Mr. PETRI (for himself and Mr. the Rules of the House of Representa- Congress has the power to enact this legis- POLIS): lation pursuant to the following: H.R. 1716. A bill to simplify and improve tives, the following statements are sub- Article I, Section 8, Clause 12 the Federal student loan program through mitted regarding the specific powers To raise and support Armies, but no Appro- income-contingent repayment to provide granted to Congress in the Constitu- priation of Money to that Use shall be for a stronger protections for borrowers, encour- tion to enact the accompanying bill or longer Term than two Years. age responsible borrowing, and save money joint resolution. Article I, Section 8, Clause 13 for taxpayers; to the Committee on Edu- To provide and maintain a Navy. By Mr. MCGOVERN: Article I, Section 8, Clause 14 cation and the Workforce, and in addition to H.R. 1692. the Committee on Ways and Means, for a pe- To make Rules for the Government and Congress has the power to enact this legis- riod to be subsequently determined by the Regulation of the land and naval Forces. lation pursuant to the following: Speaker, in each case for consideration of Article I, Section 8, Clause 18 Article I, Section 8, Clause 18—and Article such provisions as fall within the jurisdic- To make all laws which shall be necessary I, Section 8, Clause 3 tion of the committee concerned. and proper for the carrying into execution By Mr. GRIFFIN of Arkansas: By Mr. PRICE of Georgia (for himself, the foregoing powers, and all other powers H.R. 1693. Mr. LARSON of Connecticut, Mr. vested by this Constitution in the govern- Congress has the power to enact this legis- THOMPSON of Pennsylvania, Mr. ment of the United States, or in any depart- lation pursuant to the following: BRALEY of Iowa, Mr. ROE of Ten- ment or officer thereof. Article 1, Section 8. nessee, Mr. RYAN of Ohio, Mr. TIBERI, By Mr. BOUSTANY: By Mr. ELLISON: Mr. LOEBSACK, Mr. JOYCE, Mr. MCKIN- H.R. 1703. H.R. 1694. LEY, Mrs. CAPITO, Mr. DESJARLAIS, Congress has the power to enact this legis- Congress has the power to enact this legis- Mrs. BLACKBURN, Mr. BARLETTA, Mr. lation pursuant to the following: lation pursuant to the following: GRIMM, Mr. AUSTIN SCOTT of Georgia, Article 1, Section 8, Clauses 1 and 18 Article I, Section 8, Clauses 1 and 3. Mr. HARPER, Mr. MARINO, Mr. CREN- By Mr. BRALEY of Iowa: By Mr. SCOTT of Virginia: SHAW, Mr. KING of New York, Mr. H.R. 1704. H.R. 1695. JOHNSON of Ohio, Mr. FORTENBERRY, Congress has the power to enact this legis- Congress has the power to enact this legis- Mr. CHABOT, Mr. POSEY, Mr. lation pursuant to the following: lation pursuant to the following: Article I, Section 8, Clause 18 of the United LANKFORD, and Mr. NUNNELEE): Article I, Section 8, Clause 3 of the Con- H.R. 1717. A bill to amend title XVIII of the States Constitution. stitution. Social Security Act to establish a market By Mr. BURGESS: pricing program for durable medical equip- By Mr. POE of Texas: H.R. 1705. ment, prosthetics, orthotics, and supplies H.R. 1696. Congress has the power to enact this legis- (DMEPOS) under part B of the Medicare pro- Congress has the power to enact this legis- lation pursuant to the following: gram; to the Committee on Energy and Com- lation pursuant to the following: The attached bill is constitutional under merce, and in addition to the Committees on Article 1, Section 8, Clause 1 Article I, Section 8, Clause 3: ‘‘To regulate Ways and Means, and Appropriations, for a By Mr. LUETKEMEYER: Commerce with foreign Nations, and among period to be subsequently determined by the H.R. 1697. the several States, and with the Indian Speaker, in each case for consideration of Congress has the power to enact this legis- Tribes’’ as well as Article 1, Section 8, Clause such provisions as fall within the jurisdic- lation pursuant to the following: 1: ‘‘The Congress shall have Power To lay tion of the committee concerned. The Constitutional authority on which and collect Taxes, Duties, Imposts and Ex- By Ms. SPEIER: this bill rests is the power of Congress to lay cises, to pay the Debts and provide for the H.R. 1718. A bill to amend title 18, United and collect taxes, duties, imposts, and ex- common Defence and general Welfare of the States Code, and title 39, United States Code, cises to pay the debts and provide for the United States; but all Duties, Imposts and to provide the United States Postal Service common Defense and general welfare of the Excises shall be uniform throughout the the authority to mail wine and beer, and for United States, as enumerated in Article I, United States.’’ other purposes; to the Committee on Over- Section 8, Clause 1. Thus, Congress has the By Mr. CUMMINGS: sight and Government Reform, and in addi- authority not only to increase taxes, but H.R. 1706. tion to the Committee on the Judiciary, for also, to reduce taxes to promote the general Congress has the power to enact this legis- a period to be subsequently determined by welfare of the United States of America and lation pursuant to the following: the Speaker, in each case for consideration her citizens. Additionally, Congress has the Article 1, Section 8, Clause 1 (provide for of such provisions as fall within the jurisdic- Constitutional authority to regulate com- the common Defence and general Welfare of tion of the committee concerned. merce among the States and with Indian the United States)

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Article 1, Section 8, Clause 3 (To regulate Congress has the power to enact this legis- Mr. ROGERS of Michigan, Mr. NUGENT, Mr. Commerce with foreign Nations, and among lation pursuant to the following: BURGESS, Mr. SAM JOHNSON of Texas, Mrs. the several States, and with the Indian Article I, Section 8, Clause 1 of the Con- BROOKS of Indiana, Mr. CLEAVER, Mr. BOU- Tribes) stitution. STANY, Mr. BEN RAY LUJA´ N of New Mexico, By Mr. RODNEY DAVIS of Illinois: By Mr. PRICE of Georgia: Mr. ALEXANDER, Mr. LIPINSKI, Mr. BARBER, H.R. 1707. H.R. 1717. and Mr. RUSH. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 630: Mr. JOYCE, Ms. BASS, Mr. CARSON lation pursuant to the following: lation pursuant to the following: of Indiana, and Mr. HECK of Washington. The constitutional authority on which this Current law has created a health care pro- H.R. 647: Ms. MOORE, Ms. SCHAKOWSKY, Mr. bill rests is the power of Congress to estab- gram called Medicare that is operated by the RUPPERSBERGER, and Mr. HULTGREN. lish Post Offices and post roads, as enumer- federal government. This bill would improve H.R. 655: Mr. TIBERI. ated in Article I, Section 8, Clause 7 of the the efficiency and fairness of the operation H.R. 657: Mr. STEWART. United States Constitution. of parts of that program, especially the pur- H.R. 661: Ms. JACKSON LEE. By Ms. JENKINS: chase of goods and services, while affecting H.R. 664: Mr. GRIMM and Mrs. MCCARTHY of H.R. 1708. interstate commerce, which Congress has the New York. Congress has the power to enact this legis- power to regulate under Article I, Section 8, H.R. 684: Mr. COOPER and Mr. SCOTT of Vir- lation pursuant to the following: Clause 3. ginia. Pursuant to the power granted to Congress By Ms. SPEIER: H.R. 693: Mr. ROE of Tennessee. under Article I, Section 8, Clauses 1 and 3 of H.R. 1718. H.R. 705: Mr. ROONEY, Mr. GOHMERT, and the United States Constitution. Congress has the power to enact this legis- Mr. MURPHY of Pennsylvania. Clause 1: The Congress shall have Power lation pursuant to the following: H.R. 719: Mr. NOLAN. To lay and collect Taxes, Duties, Imposts This bill is enacted pursuant to the power H.R. 721: Mr. KLINE. and Excises, to pay the Debts and provide for granted to Congress under Article 1, Section H.R. 755: Ms. ZOE LOFGREN. the common Defence and general Welfare of 8 of the United States Constitution. H.R. 783: Ms. NORTON. the United States; but all Duties, Imposts By Mr. STIVERS: H.R. 792: Mr. ROGERS of Michigan and Mr. and Excises shall be uniform throughout the H.R. 1719. DAINES. United States; Congress has the power to enact this legis- H.R. 807: Mr. LANKFORD, Mrs. WALORSKI, And lation pursuant to the following: and Mr. NUNNELEE. Clause 3: To regulate Commerce with for- Article 1, Section 8—‘‘To coin Money, regu- H.R. 842: Mr. KIND. eign Nations, and among the several States, late the Value thereof, and of foreign Coin, H.R. 850: Mr. BRADY of Texas, Ms. and with the Indian Tribes; and fix the Standard of Weights and Meas- DELBENE, and Mr. SMITH of Washington. By Mr. LEWIS: ures’’ H.R. 911: Mr. SIMPSON. H.R. 1709. By Mr. WELCH: H.R. 916: Mr. PETRI. Congress has the power to enact this legis- H.R. 1720. H.R. 929: Ms. WILSON of Florida. lation pursuant to the following: Congress has the power to enact this legis- H.R. 938: Mr. GARRETT and Ms. FUDGE. This bill is enacted pursuant to the power lation pursuant to the following: H.R. 940: Mr. GOHMERT. granted to Congress under Article I of the Article 1, Section 8, Clause 18: The Con- H.R. 942: Mr. CONNOLLY, Mr. CONYERS, Mr. United States Constitution and its subse- gress shall have Power To . . . make all MORAN, Mr. LATHAM, Mr. ENYART, Mr. quent amendments, and further clarified and Laws which shall be necessary and proper for TIBERI, Ms. SLAUGHTER, Ms. MOORE, Ms. interpreted by the Supreme Court of the carrying into Execution the foregoing Pow- DUCKWORTH, Ms. TITUS, Mr. JOHNSON of Geor- United States. ers, and all other Powers vested by this Con- gia, Ms. WILSON of Florida, Mrs. MCMORRIS By Mr. LEWIS: stitution in the Government of the United RODGERS, Mr. LANGEVIN, Ms. NORTON, Mr. H.R. 1710. States, or in any Department or Officer NOLAN, Mr. MCKEON, Mr. BRALEY of Iowa, Congress has the power to enact this legis- thereof . . . and Mr. RUNYAN. lation pursuant to the following: f H.R. 961: Mr. LARSEN of Washington, Mr. This bill is enacted pursuant to the power MCNERNEY, Mr. SCHIFF, Ms. TITUS, Mr. KING granted to Congress under Article I of the ADDITIONAL SPONSORS TO PUBLIC of New York, Ms. LEE of California, and Mr. United States Constitution and its subse- BILLS AND RESOLUTIONS PERLMUTTER. quent amendments, and further clarified and Under clause 7 of rule XII, sponsors H.R. 979: Mrs. BLACKBURN. interpreted by the Supreme Court of the were added to public bills and resolu- H.R. 983: Mr. SENSENBRENNER, Mr. United States. FARENTHOLD, and Mr. CONNOLLY. tions as follows: By Mr. BEN RAY LUJA´ N of New Mex- H.R. 984: Mr. SWALWELL of California. H.R. 38: Mr. BENISHEK and Mr. JOHNSON of ico: H.R. 988: Mr. MICHAUD. Ohio. H.R. 1711. H.R. 1000: Ms. JACKSON LEE, Mr. GUTIER- H.R. 96: Mr. YARMUTH. Congress has the power to enact this legis- REZ, Mr. CARSON of Indiana, and Mr. COHEN. H.R. 149: Mr. BARLETTA. lation pursuant to the following: H.R. 1010: Mr. DELANEY, Mr. ISRAEL, Mr. H.R. 184: Mr. HONDA. Article 1, Section 8. HOYER, and Mr. CARSON of Indiana. H.R. 207: Mr. POMPEO. By Mr. MCNERNEY: H.R. 1014: Mr. DENT. H.R. 274: Ms. DEGETTE and Mrs. KIRK- H.R. 1712. H.R. 1020: Mr. HANNA, Ms. JENKINS, and Mr. PATRICK. Congress has the power to enact this legis- TIBERI. H.R. 292: Ms. SLAUGHTER, Mr. HINOJOSA, lation pursuant to the following: H.R. 1026: Mr. POMPEO and Mr. and Mr. JOHNSON of Georgia. Section 8 of Article 1 of the U.S. Constitu- FARENTHOLD. H.R. 324: Mr. VARGAS, Ms. SHEA-PORTER, tion H.R. 1093: Mr. BENISHEK. Mr. CRAMER, and Mr. DAINES. By Mr. MURPHY of Pennsylvania: H.R. 1151: Mr. MULLIN and Mr. DAINES. H.R. 362: Mr. JOHNSON of Georgia. H.R. 1154: Mr. CUMMINGS. H.R. 1713. H.R. 363: Mr. JOHNSON of Georgia. UMMINGS Congress has the power to enact this legis- H.R. 376: Ms. LORETTA SANCHEZ of Cali- H.R. 1175: Mr. C . lation pursuant to the following: fornia. H.R. 1180: Mr. OWENS, Mr. SERRANO, Mr. Article I, Section 9, Clause 7. No Money H.R. 377: Mr. MCINTYRE. LATHAM, Mr. HANNA, and Mr. TONKO. shall be drawn from the Treasury, but in H.R. 411: Mr. WELCH. H.R. 1201: Mr. PETERS of California and Mr. Consequence of Appropriations made by Law; H.R. 419: Mr. FALEOMAVAEGA and Mr. CARSON of Indiana. and a regular Statement and Account of the KEATING. H.R. 1213: Mr. GRIJALVA. Receipts and Expenditures of all public H.R. 474: Mr. HONDA. H.R. 1215: Mr. HUFFMAN. Money shall be published from time to time. H.R. 498: Mr. MARCHANT, Mr. GRAYSON, Mr. H.R. 1245: Mr. VELA, Mr. ISRAEL, and Ms. By Mr. PETERS of California: PAYNE, and Mr. VISCLOSKY. WILSON of Florida. H.R. 1714. H.R. 508: Mr. KIND and Mr. MULVANEY. H.R. 1250: Mrs. KIRKPATRICK. Congress has the power to enact this legis- H.R. 519: Ms. DELBENE, Mr. NEAL, Mr. ELLI- H.R. 1290: Mr. WITTMAN. lation pursuant to the following: SON, Mr. CROWLEY, Mr. WALZ, Mr. CUMMINGS, H.R. 1304: Mr. GOHMERT, Mr. OLSON, and Article I, Section 8, Clause 18 of the U.S. and Ms. EDWARDS. Mr. FRANKS of Arizona. Constitution H.R. 520: Mr. HORSFORD. H.R. 1313: Mr. RODNEY DAVIS of Illinois, Mr. By Mr. PETERS of Michigan: H.R. 543: Mr. BARBER, Mr. HUFFMAN, and FRANKS of Arizona, Mr. DESJARLAIS, and Mr. H.R. 1715. Mrs. NOEM. GOHMERT. Congress has the power to enact this legis- H.R. 578: Mr. LATTA. H.R. 1318: Mrs. NAPOLITANO and Ms. lation pursuant to the following: H.R. 580: Mr. YOUNG of Indiana and Mr. DEGETTE. Article I, Section 5, Clause 2 COFFMAN. H.R. 1334: Mr. PAYNE. Article I, Section 9, Clause 7 H.R. 594: Ms. CLARKE. H.R. 1340: Ms. ROYBAL-ALLARD, Mr. CARSON Article I, Section 8, Clause 1 H.R. 596: Mr. COOPER and Mr. WITTMAN. of Indiana, Ms. SCHAKOWSKY, and Mr. COHEN. By Mr. PETRI: H.R. 627: Mr. COBLE, Mr. SERRANO, Mr. H.R. 1345: Mr. POE of Texas and Mr. MEAD- H.R. 1716. MCHENRY, Mr. YOUNG of Indiana, Mr. NUNES, OWS.

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H.R. 1346: Mr. CONYERS. SCOTT of Virginia, Mr. SERRANO, Mr. WAX- of Georgia, Mr. YOUNG of Alaska, and Ms. H.R. 1417: Mrs. BROOKS of Indiana, Mr. MAN, Mr. CA´ RDENAS, Mrs. NEGRETE MCLEOD, NORTON. FARENTHOLD, and Mr. KINZINGER of Illinois. Mr. LOWENTHAL, Ms. KUSTER, Ms. MENG, and H. Res. 108: Mr. SERRANO. H.R. 1418: Ms. FRANKEL of Florida and Ms. Mr. SWALWELL of California. H. Res. 154: Mr. CA´ RDENAS and Mr. CHU. H.R. 1595: Mr. KEATING, Ms. CHU, Ms. HUFFMAN. H.R. 1421: Mr. PETERS of California and Mr. SPEIER, Mr. SIRES, Mr. DEUTCH, Mr. ISRAEL, H. Res. 160: Mr. MCKINLEY. CICILLINE. Mr. GARAMENDI, Ms. WASSERMAN SCHULTZ, H. Res. 173: Mr. CRAWFORD, Mr. SHUSTER, H.R. 1428: Mr. LEVIN and Mr. PAYNE. and Mr. PERLMUTTER. Mr. BUCSHON, Mr. LAMALFA, Mr. GOHMERT, H.R. 1432: Mr. ROONEY, Mr. GRIJALVA, Mr. H.R. 1613: Mr. RADEL and Mr. BROUN of Mrs. BLACKBURN, and Mr. MCKINLEY. COFFMAN, Mr. DOGGETT, Mrs. CHRISTENSEN, Georgia. H. Res. 174: Ms. JACKSON LEE, Mr. RANGEL, and Mr. REED. H.R. 1617: Ms. JACKSON LEE, Ms. NORTON, Ms. WATERS, Mr. GARAMENDI, Mr. PRICE of H.R. 1500: Mr. CARSON of Indiana. and Ms. WATERS. North Carolina, Mr. SCOTT of Virginia, Ms. H.R. 1507: Mr. WALZ, Mr. CARSON of Indi- H.R. 1621: Mr. BISHOP of Georgia, Ms. SCHA- BASS, Ms. MATSUI, Mr. DEUTCH, Ms. SCHA- ana, Mr. MICHAUD, Ms. PINGREE of Maine, Mr. KOWSKY, Mr. PAYNE, and Mr. CARSON of Indi- KOWSKY, Ms. EDWARDS, Ms. FRANKEL of Flor- GENE GREEN of Texas, Mr. SARBANES, Mr. ana. ida, Mrs. CAPPS, Mr. WATT, Mrs. DAVIS of LOEBSACK, Mr. DAVID SCOTT of Georgia, Mr. H.R. 1622: Mr. AL GREEN of Texas. California, Mr. HECK of Washington, Mr. CICILLINE, Mr. PAYNE, Mr. BISHOP of Georgia, H.R. 1626: Mr. SCHWEIKERT, Mr. STIVERS, BARBER, Ms. HAHN, Mr. COURTNEY, Mr. Mr. WELCH, Mr. KEATING, and Mr. MCGOV- and Mrs. BACHMANN. TAKANO, Mr. PALLONE, Mr. MCGOVERN, Mr. ERN. H.R. 1628: Mr. CRAMER, Mr. MCCLINTOCK, SCHIFF, Mr. BERA of California, Mr. CON- H.R. 1518: Mr. CAMPBELL, Mr. DEFAZIO, Mr. Mr. JONES, Mr. DUNCAN of South Carolina, NOLLY, Ms. BONAMICI, Mr. CARSON of Indiana, KING of New York, Ms. SCHWARTZ, Mr. and Mr. WESTMORELAND. PAYNE, and Mrs. NOEM. H.R. 1638: Mr. MASSIE, Mr. LABRADOR, and f H.R. 1523: Mr. BENISHEK, Mr. GRIJALVA, Ms. Mr. POSEY. SCHAKOWSKY, and Ms. NORTON. H.R. 1642: Mr. CARSON of Indiana. CONGRESSIONAL EARMARKS, LIM- H.R. 1528: Mr. ROGERS of Alabama, Mr. H.R. 1643: Mr. CARSON of Indiana. ITED TAX BENEFITS, OR LIM- WELCH, and Mr. HUELSKAMP. H.R. 1652: Mr. BECERRA and Mr. TIERNEY. H.R. 1578: Mr. ENGEL. H.J. Res. 24: Mr. TIPTON. ITED TARIFF BENEFITS H.R. 1579: Ms. LOFGREN. H.J. Res. 28: Mr. MARINO. Under clause 9 of rule XXI, lists or H.R. 1587: Mr. FARENTHOLD and Mr. JOHN- H. Con. Res. 23: Mr. BARR. statements on congressional earmarks, SON of Ohio. H. Con. Res. 33: Ms. SINEMA. limited tax benefits, or limited tariff H.R. 1589: Mr. SCHRADER. H. Con. Res. 34: Ms. DELAURO. H.R. 1590: Mr. ISRAEL. H. Res. 36: Mr. YOUNG of Alaska and Mr. benefits were submitted as follows: H.R. 1593: Ms. BROWNLEY of California, Ms. LANCE. The amendment to be offered by Rep- HANABUSA, Ms. EDDIE BERNICE JOHNSON of H. Res. 72: Mr. SESSIONS. resentative PITTS, or a designee, to H.R. 1549, Texas, Mr. DEUTCH, Mr. LOEBSACK, Mrs. H. Res. 89: Mr. AL GREEN of Texas, Mr. the ‘‘Helping Sick Americans Now Act,’’ does LOWEY, Mr. MCDERMOTT, Mr. MICHAUD, Mr. GENE GREEN of Texas, Mr. STOCKMAN, Mr. not contain any congressional earmarks, PALLONE, Mr. PASTOR of Arizona, Mr. RUSH, CARTER, Mr. GRIJALVA, Mr. GRAVES of Mis- limited tax benefits, or limited tariff bene- Ms. LINDA T. SA´ NCHEZ of California, Mr. souri, Mr. RADEL, Mr. GARRETT, Mr. GINGREY fits as defined in clause 9 of rule XXI.

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Vol. 159 WASHINGTON, WEDNESDAY, APRIL 24, 2013 No. 57 Senate The Senate met at 9:30 a.m. and was Senate, I hereby appoint the Honorable us, for the people who come to this called to order by the Honorable RICH- RICHARD BLUMENTHAL, a Senator from complex. I want to acknowledge the ARD BLUMENTHAL, a Senator from the the State of Connecticut, to perform good Chaplain. I appreciate his re- State of Connecticut. the duties of the Chair. marks on behalf of the people who pro- PATRICK J. LEAHY, tect us here every day. PRAYER President pro tempore. f The Chaplain, Dr. Barry C. Black, of- Mr. BLUMENTHAL thereupon as- fered the following prayer: sumed the chair as Acting President SCHEDULE Let us pray. pro tempore. Mr. REID. Mr. President, following Almighty God, our Heavenly Father, f leader remarks the Senate will be in who of Your great mercy promised to morning business until 10:30. Repub- supply all our needs, confirm and RECOGNITION OF THE MAJORITY licans will control the first half, the strengthen us in all goodness and bring LEADER majority the final half. Following us into the joy of abundant living. The ACTING PRESIDENT pro tem- morning business, the Senate will pro- Today, give our Senators the gifts of pore. The majority leader is recog- ceed to executive session to consider wisdom and understanding, of knowl- nized. the nomination of Jane Kelly to be edge and judgment, so that those held United States Circuit Judge for the captive will enjoy again the freedom f Eighth Circuit and the nomination of and the peace of Your providential ACKNOWLEDGING THE CAPITOL Sylvia Burwell to be Director of the Of- love. Help us to show our gratitude to POLICE fice of Management and Budget. You with words and actions of affirma- Mr. REID. Mr. President, I appreciate At noon there will be up to three tion. Tune our minds to the frequency very much the Chaplain’s prayer, but I rollcall votes: confirmation of Kelly of Your spirit as we dedicate this day especially want to recognize the last to serve You. and Burwell and adoption of the mo- Lord, we ask You to bless our Capitol line or two of his prayer today where tion to proceed to the Marketplace Police who risk their lives for freedom he indicated that he wanted a special Fairness Act. each day. blessing on the Capitol Police. I am f happy the Sergeant at Arms was here We pray in Your gracious Name. MEASURE PLACED ON THE Amen. when that prayer was being given, be- cause the Chaplain is right. Every day CALENDAR—S. 788 f the Capitol Police protect us; that is, Mr. REID. Mr. President, S. 788 is due PLEDGE OF ALLEGIANCE Senators and staff, but also the mil- for its second reading. The Honorable RICHARD BLUMENTHAL lions of visitors who come to this mas- The PRESIDING OFFICER (Mr. led the Pledge of Allegiance, as follows: sive complex every year. We see them MANCHIN.) The clerk will read the title I pledge allegiance to the Flag of the standing there at guard, watching the of the bill for the second time. United States of America, and to the Repub- doors. We need to do that because a few The assistant legislative clerk read lic for which it stands, one nation under God, years ago we had some madman crash as follows: indivisible, with liberty and justice for all. through the House side and kill some A bill (S. 788) to suspend the fiscal year f police officers. 2013 sequester and establish limits on war-re- APPOINTMENT OF ACTING We see that things have gotten more lated spending. PRESIDENT PRO TEMPORE difficult since then. We have people Mr. REID. Mr. President, I would ob- standing with automatic weapons. We The PRESIDING OFFICER. The ject to any further proceedings with re- clerk will please read a communication have bomb squads. We have dogs that spect to this bill at this time. to the Senate from the President pro work with us so well. We have people The PRESIDING OFFICER. Objec- who are on bicycles. But with the ap- tempore (Mr. LEAHY). tion is heard. The bill will be placed on The assistant legislative clerk read propriations process coming soon,—I the calendar. the following letter: hope—we have to make sure we supply f the Capitol Police with the tools and U.S. SENATE, MARKETPLACE FAIRNESS ACT PRESIDENT PRO TEMPORE, materials and equipment they need to Washington, DC, April 24, 2013. continue doing their job. Mr. REID. Mr. President, I had a To the Senate: Is it inconvenient for people coming number of meetings yesterday with Under the provisions of rule I, para- here, and for us on occasion? The an- Democratic and Republican proponents graph 3, of the Standing Rules of the swer is yes. But they are doing that for of the Marketplace Fairness Act. This

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

S2909

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VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2910 CONGRESSIONAL RECORD — SENATE April 24, 2013 is a piece of legislation that is over- cause we have to get to immigration. cently congratulated his party for sticking whelmingly supported by Democrats So everyone understand, this is not with the sequester and standing up to the and Republicans. I appreciate the re- crying wolf. We are going to finish this president’s demand for tax increases. But drastic cuts in spending carry a heavy marks of the Presiding Officer yester- bill. price. Republicans certainly don’t want vot- day on behalf of this legislation. I spoke yesterday to Senator ENZI ers they care about—including business trav- Succinctly, what this legislation who has worked on this bill for 11 elers and those who can afford to fly on vaca- would do is level the playing field be- years. I spoke to my good friend—and tion—to feel it. They continue to claim that tween online sellers and brick-and- certainly MIKE ENZI is my good friend; the $85 billion in this year’s sequester can be mortar retailers. As everyone knows, I do not mean to choose favorites covered by eliminating waste, fraud, consult- we have had a lot of problems with the here—LAMAR ALEXANDER. They both ants, and the inevitable grant to some ob- economy. But in Nevada we have been said we have got to finish this bill this scure science or art project. And of course to programs for the poor. hit very hard. We led the Nation for 20 week. We are going to do that. When I You don’t see any Republican hashtags years with a vibrant economy. In the have requests from DICK DURBIN and blaming the president for cutting housing last 4 or 5 years it has been difficult. my Republican friends to move forward vouchers to 140,000 low-income families, We are doing better now but we are not on this bill, we are going to move for- which has begun. These vouchers are given doing great. For lack of a better de- ward on it. If we have to be here Friday by cities to families on the brink of home- scription, I was going to say it breaks and Saturday, I am telling everybody lessness, and about half of them go to fami- my heart. I am not sure that is proper. we are going to finish this bill. lies with children. But I feel very badly when I drive in We have a 3-week work period next There aren’t any tweets about the 70,000 Head Start slots about to be eliminated, Reno or Las Vegas and see these little time. We have to jam in WRDA and which is forcing some school districts to dis- strip malls with ‘‘for lease’’ signs. They hopefully the ag bill so we can move tribute these valuable services by lottery. would not be for lease if they had the before July 4 and finish the immigra- This is not the editorial. The Pre- ability to compete with these online tion bill which is going to take up siding Officer’s colleague, Senator quite a bit of time. We have too much sellers. ROCKEFELLER—a wealthy man with As indicated yesterday on a number to do when we return from our in-State this great name—as a young man went of occasions in presentations I heard work period. to West Virginia and fell in love with made, people come to the retailers who I have a lot to do. I have a con- the poor because he was a VISTA vol- pay money for brick and mortar. They ference. I am going to do some things unteer, and he never left. He is now will find a pair of shoes, they will find there with ERIC CANTOR. We do not do here in the Senate. a coat they like, or whatever else, and things together very often, but we are Let’s get to the editorial. I am sorry they immediately walk out of there going to talk about some issues people about that. and go on line and do not pay the sales want to talk about. I want to be able to Continuing: tax. That prevents that business from do that. It is not here in Washington. If Or about the cuts to Vista [Volunteers in succeeding. I have to put that off, it would be a Service to America], which is hurting the The reason I mention this today, we shame for me and ERIC CANTOR, and I program that performs antipoverty work in could finish this legislation today, on think the people putting on the con- many States. Or the 11 percent cut in unem- Wednesday, and move on to the other ference. But if that is what it takes, ployment benefits for millions of jobless bipartisan legislation. We have a small that is what it takes. I want to go workers. number of Senators who are holding home. So we are going to finish this The voiceless people who are the most af- this up, stalling. This has 50 Demo- fected by these cuts can’t afford high-priced bill. lobbyists to get them an exception to the se- cratic votes and at least 25 Republican I am going to read an editorial from quester, the way that the agriculture lobby votes. I know many of my Republican one of the world’s leading newspapers. was able to fend off a furlough to meat in- colleagues want to attend—and I think It says, ‘‘Budget Cuts, Minus the In- spectors, which might have disrupted beef that is appropriate; I wish I could—the convenience.’’ Headline: Republicans and poultry operations. And what was cut in opening of the Bush Library in Texas. encourage a sequester affecting the order to keep those inspectors on the job? Unfortunately, there are Senators who poor, but they are furious about travel About $25 million from a program to provide are playing procedural games that are delays. free school breakfasts. going to prevent that from happening. As bad as the sequester was, it was being Here is what it says. I am not edito- made worse by these special-interest de- I do not say this often. There is no rializing, I am just telling you what mands for exceptions, as well as politically chance they can prevail. We have three they put in this newspaper editorial motivated attempts to deflect the responsi- States basically holding up this legis- today. bility for pain. lation. For people to talk, you are co- On Monday, after the sequester cuts forced The maneuvering shows the futility of try- ercing us to do something. We are co- the Federal Aviation Administration to ing to reduce the deficit with crude and arbi- ercing those States to do nothing. begin furloughs for air traffic controllers, trary cuts. Both Senate Democrats and the Zero. Nothing. We are just trying to delays began to build up at airports around White House have proposed budget plans the country. Travelers had to wait, but noth- that replace the sequester with a much bet- make the playing field level. ter mix of spending cuts and revenue in- So I want everyone to understand, ing delayed Republicans from scurrying away from all responsibility. Speaker John creases. just a handful of Senators is preventing Boehner started using the Twitter hashtag On Tuesday, the Senate majority leader, us from doing our work. We are going #ObamaFlightDelays, the latest effort in his Harry Reid, proposed replacing the sequester to finish this legislation this week. I party’s campaign to blame all the pain of the for 5 months with unspent money from the know this sounds like me crying wolf, sequester on the Obama administration wars in Iraq and Afghanistan. but this may be the time the wolf is while claiming all the credit for its effect on This is what one of America’s major really coming. reducing the deficit. newspapers said today that millions of We have a bipartisan bill we have to ‘‘Why is President Obama unnecessarily people will have the opportunity to move to next work period. It is the delaying your flight?’’ Eric Cantor, the read. WRDA, Water Resources Development House majority leader, wrote in a message The sequester was designed as a tool on Twitter. If the President wanted to, Re- Act, supported by one of the most lib- publicans said, he could easily cut some- to bring Democrats and Republicans eral Members of this Senate, BARBARA where else and spare travelers any inconven- together to reduce the deficit in a re- BOXER, and one of the most conserv- ience. sponsible way. By now we can all see ative Members, Senator VITTER. They As it happens, the sequester law is clear in that didn’t work, and we can see that have worked out a bill. It has been re- requiring the F.A.A. and most other agencies sequester’s costs far outweigh the sav- ported out of their committee. It is on to cut their programs by an even amount. ings. the calendar right now. We are going to That law was foisted on the public after Re- As indicated in this editorial, these publicans demanded spending cuts in ex- across-the-board cuts would cost, this move to that. change for raising the debt ceiling in 2012. In addition to that, we have another Since then, the party has rejected every offer year, 750,000 jobs—three-quarters of a bipartisan bill in the wings coming out, to replace the sequester with a more sensible million jobs. They will cost us invest- the agriculture bill. We need to com- mix of cuts and revenue increases. Mr. Boeh- ments in education that keep America plete those bills next work period, be- ner is so proud of that strategy that he re- competitive. They will cost millions of

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2911 seniors, children, veterans, and needy balanced way. It wouldn’t add a penny The funds allocated for OCO or ‘‘war sav- families the safety net that keeps them to the deficit. It would use the savings ings’’ are not real, and every member of Con- from descending into poverty. from winding down the wars in Afghan- gress knows this. The funds specified for Most of the headlines are focused on istan and Iraq to prevent cuts that will Overseas Contingency Operations in future budgets are mere estimates of what our na- the hours the sequester has cost trav- harm our national security and our tion’s wars cost may be in the future. And elers in airports across the Nation. The economy. since it is likely that future OCO costs will frustration and the economic effects of Before the Republicans dismiss these be significantly less than the placeholders in those delays should not be minimized. savings, they should recall that 235 Re- the Congressional Budget Office’s estimates, The sequester could also cost this publicans voted to use these funds to it is the height of fiscal irresponsibility to country, and humankind, a cure for pay for the Ryan Republican budget. treat the difference between the assumed and AIDS, Parkinson’s disease, or cancer. They didn’t consider it a gimmick actual OCO costs as a ‘‘savings’’ to be spent These arbitrary cuts have decimated when it served their own purposes. on other programs. funding for medical researchers seek- We can stop the flight delays and the Let me read that last part again. ing cures for diabetes, epilepsy, and pink slips. We can stop the devastating It is the height of fiscal irresponsibility to hundreds of other dangerous and debili- cuts to programs that protect low-in- treat the difference between the assumed and tating diseases. come children, homebound seniors, and actual OCO costs as a ‘‘savings’’ to be spent on other programs. The National Institutes of Health has homeless veterans. We can stop the delayed or halted vital scientific cuts to crucial medical research. But This is from the man who was once projects and reduced the number of Democrats can’t do it without Repub- the Democratic nominee to be Vice grants it awards to research scientists. licans’ help. President. Thousands of research scientists will Republicans overwhelmingly voted There is bipartisan consensus that lose their jobs in the next few months. for these painful, arbitrary cuts, and this thing we call OCO is a fiscally irre- Research projects that can’t go on Republicans bear responsibility for sponsible gimmick. The director of the without adequate staffing will be can- their consequences. Remember, these Concord Coalition has called it ‘‘the celled altogether. Ohio State Univer- cuts came about because of the debt mother of all . . . gimmicks.’’ The sity, which is known for more than a ceiling they refused to move on until president of the Committee for a Re- good football and basketball team, is these devastating cuts came about, and sponsible Federal Budget called it a also one of the premier research cen- Republicans bear responsibility for the ‘‘glaring gimmick.’’ Whether OCO is ters in America. Grants for cancer re- consequences, from travel delays to the mother of all gimmicks or just a search and infectious disease control cuts to vital programs. Now Repub- glaring one, everybody other than the have been axed. They are over. At the licans must accept that they have an majority leader evidently agrees on University of Cincinnati, which is at obligation to cooperate with us to help one thing: It is the height of fiscal irre- the forefront in research on strokes—a stop these Draconian cuts and mitigate sponsibility. leading cause of death in the United the consequences. Now, just as important as what the States—scientists are bracing for some majority leader’s proposal is, however, more cuts. Vanderbilt University and f is what it isn’t. It isn’t a tax increase. the University of Kentucky are accept- RESERVATION OF LEADER TIME That is actually news. The majority leader is clearly ditching the President ing fewer science graduate students be- Mr. REID. Mr. President, I ask unan- on this issue. As you may recall, the cause of funding reductions. At Wright imous consent that the leader time not President has said he would only con- State University, scientists research- count against the hour that is set aside sider replacing the sequester with a tax ing pregnancy-related disorders, such for morning business. hike. Whatever you want to say about as preeclampsia, will lose their jobs. The PRESIDING OFFICER. Without OCO, it is not a tax hike—it is bor- Boston University has laid off lab sci- objection, it is so ordered. entists, and research laboratories in rowed money that will have to be re- San Francisco have instituted hiring f paid later. freezes and delayed the launch of im- RECOGNITION OF THE MINORITY Still, it doesn’t punish small busi- portant studies. Grants to some of Har- LEADER nesses the way the President’s pro- vard University’s most successful re- posals would. So this is, in a sense, big search scientists were not renewed be- The PRESIDING OFFICER. The Re- news. It represents a significant break cause of the sequester. publican leader is recognized. from the President’s favored approach The research I have talked about f on this issue. today—and these are only a few of As I said yesterday, the President re- SEQUESTRATION them—saves lives and saves misery. jected the flexibility we proposed on These scientists are looking for the Mr. MCCONNELL. Mr. President, the sequester for obvious political rea- next successful treatment for Alz- something really remarkable happened sons. He wanted these cuts to be as heimer’s or the next drug to treat high in the Senate last night. It was sort of painful as possible for folks across the cholesterol. They might never get the late in the day, so for those who missed country and to provide an excuse to chance to complete their it, here is a little recap. raise taxes to turn them off. Well, it is groundbreaking work or make their Late yesterday afternoon the major- simply not working. Even his own lifesaving discoveries because of these ity leader handed us a hastily crafted party is starting to abandon him on shortsighted cuts. bill and then asked if we could pass it this issue. We have seen the devastating im- before anybody had seen it. Appar- The broader point is this: Even with- pacts of these arbitrary budget cuts. ently, someone on the other side real- out the flexibility we propose, he al- Now it is time to stop them. ized they had no good explanation for ready has the flexibility he needs to Be prepared, everybody—the House is why they hadn’t prevented the delays make these cuts less painful. He has it now working on another bill because we have seen at airports across the right now. He should exercise it. we have the debt ceiling coming soon. country this week, so they threw to- I also think we should all acknowl- They are working on another bill to gether a bill in a feeble attempt to edge that there is now a bipartisan make it even more painful for the cover for it. It is pretty embarrassing. agreement that tax hikes won’t be a re- American people. It actually proposes to replace the placement for the sequester. The real Last night I introduced a bill that President’s sequester cuts with what is solution, as I said, is for the adminis- would roll back the sequester for the known around here as OCO. I know this tration to accept the additional flexi- rest of the year, and just like the edi- isn’t something that will be familiar to bility we would like to give them to torial indicated, it is something we most viewers, so let me borrow an ex- make these cuts in a smarter way and should do. The bill would give Demo- planation provided by Senator Joe Lie- to get rid of wasteful spending first. crats and Republicans time to sit down berman in a letter he signed with Dr. Surely, in the $3.6 trillion we are at the negotiating table and work out COBURN last year. Here is what Senator spending this year, we could find a way an agreement to reduce the deficit in a Lieberman said about OCO: to reduce the spending we promised the

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2912 CONGRESSIONAL RECORD — SENATE April 24, 2013 American people we would reduce a in a period of morning business until Instead of furloughing 47,000 employ- year and a half ago when the Budget 10:30 a.m., with Senators permitted to ees and causing significant delays for Control Act was passed and do that in speak therein for up to 10 minutes travelers, they should have been seek- a sensible way. This is what we have each, with equal time divided and con- ing reductions elsewhere. We tried to consistently said. There is more flexi- trolled between the two leaders or give these essential agencies additional bility in the law right now. We would their designees, with the Republicans flexibility necessary to do so. Unfortu- be happy to give the President even controlling the first half. nately, the President did not support more to achieve the cuts we promised The Senator from Indiana. that effort, and the majority party in the American people we would achieve. f the Senate did not support that effort. I yield the floor. Therefore, they have no reason to point FAA SEQUESTRATION DELAYS The PRESIDING OFFICER. The ma- their fingers over here and say: Oh, se- jority leader. Mr. COATS. Madam President, I rise questration is so terrible. We never Mr. REID. Remember, Congressman as a member of both the Senate Appro- should have been in this position in the RYAN, when he came up with one of priations Committee on Transpor- first place. these budgets, used these overseas con- tation and as a member of the Senate The FAA, for the record, could have tingency funds to balance his budget. Commerce Committee to discuss what considered cutting back on the $541 Let’s not even worry about that for I believe is a shocking display of mis- million it spends on consultants—in purposes of this conversation, the over- management and incompetence by the other words, those who have been hired seas contingency fund. Let’s just talk leadership of the Department of Trans- to work at the FAA because the FAA about the war in Afghanistan. What my portation and the Federal Aviation Ad- can’t do the job themselves, so they friend is saying is that it is OK to bor- ministration. row money for the war in Afghanistan need to spend $541 million to hire out- The Federal Aviation Administration side consultants—and the $2.7 billion it but not to use that same money to re- says the sequester will result in as duce pains being felt all over America spends on non-personnel costs. But in- many as 6,700 delays per day. To put stead of looking at how to better man- today. this in context, on the worst weather Even Joe Scarborough on ‘‘Morning age their own administration, they day in 2012, we had 2,900 flight delays. turned to furloughing up to 10 percent Joe,’’ a former Republican Congress- So the FAA’s projected 6,700 delays per of the air traffic controllers, creating man from Florida, said today that he day would more than double the worst up to 6,700 delays per day on the trav- can’t believe that the pain is being felt day in 2012. all over America today and no one is To me, this is disturbing evidence of eling public. Then they say they haven’t had time concerned about the war in Afghani- the lack of planning on the part of both to work this out. Haven’t had time? stan. the Department of Transportation and They have had months’ worth of time Does anyone think we are going to be the FAA, leading up to what we all since the law was signed. How about fighting a war in Afghanistan 5 years knew was going to take place—in fact, the time people now wasted standing at from now, 10 years from now? That is since the law was signed by the Presi- airports for 3 and 4 hours waiting to the money people are trying to protect. dent. We have known for 1 year this board their plane and the overall dis- I hope not. For the sake of my children may happen. The President signed it and grandchildren, I hope we are not into law, and we are now many months ruption this causes? And this is in good still fighting in Afghanistan 5 or 10 down the line and suddenly the FAA weather. That in itself is a lame excuse years from now. came along just a few days ago and the FAA has put forward. I did not vote for the sequestration, We are asking to take a few dollars of said: Oh, we just need to let you know, as I said before. I thought it was an in- the $650 billion that is there—billion by the way, we are going to implement adequate way to deal with the nec- dollars—to relieve the pain we are feel- this part of the sequestration. ing now for 5 months. That is it. This across-the-board furlough is es- essary need to cut spending here. But I think it is really unfair that it pecially surprising given the previous the Federal Government says: We would be so easy to turn the sequester announcements their guiding principle would like to do that, but we can’t af- around and allow us to do something when implementing sequestration ford to do that right now and still for a long term to take care of this would be to enact a plan that ‘‘main- focus on the essential services and give issue, but, no, the Republicans like the tains safety and minimizes the impact them the opportunity to manage that. pain. to the highest number of travelers.’’ Clearly, the FAA and the Department One Republican Senator who came Announcing 3 days or so before they of Transportation have not managed here last night said: Well, why don’t we implement this plan that potentially this well at all. This is incompetence. take the money from the construction results in as many as 6,700 delays per As I mentioned, Congress was only fund for airports? day minimizes the impact of the high- informed just days ahead of the time of Those create jobs. these furloughs. This decision kicked He said: Why don’t we take it from est number of travelers? This is disingenuous. It is mis- in to the surprise of the airlines and to essential air services? the surprise of Congress. But clearly That dog has been here and fought management at its worst. It is incom- petence at its worst. It is a failure to what we have learned, despite 1 year of lots of times. That has been stripped advance warning and refusals to ana- bare. do what every agency has been re- quired to do; that is, plan for this. Now lyze all possible alternatives to mini- As I indicated in my opening state- mize impacts to the traveling public— ment, this is supposed to be fair and that it has been in law for several and it is hard to come to any other equal. You can’t jimmy things around. months, there is no excuse for simply conclusion—is this is a politically mo- It is the same amount of money. The saying: Oh, we didn’t have time to put tivated decision to inflict as much pain Republicans say: Well, it is the same this in place, so this is what we are on Americans as possible in an effort to amount of money, but give more pain going to do. make the case that sequestration never to somebody else than the other; just I voted against sequestration because should have taken place in the first balance it out. The pain is too severe; it treats every Federal program on an place; that a 4-percent across-the-board it can’t be balanced out. equal basis regardless of its necessity, its effectiveness, or whether it is an es- cut to the FAA budget is simply some- f sential function of the Federal Govern- thing they can’t manage. In other RESERVATION OF LEADER TIME ment. words, we would have asked the FAA to The PRESIDING OFFICER (Ms. Clearly, keeping our skies safe and do what they did in 2010 with the HEITKAMP). Under the previous order, getting our passengers from point A to money that was allocated to them, but the leadership time is reserved. point B is an essential function. We they can’t do that now. This is 2012– need those air traffic controllers. The 2013 and they need this extra money f plan that was put forth by the FAA and they need these hundreds of bil- MORNING BUSINESS flies in the face of their own judgment lions of dollars to continue to hire con- The PRESIDING OFFICER. Under and their own statements in terms of sultants. They don’t want to be asked the previous order, the Senate will be what they needed to do. to make the kinds of decisions every

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How dare you impose a 4-per- back from our early May recess. This the immigration reform bill for a week. cent cut on what we do. We need to in- actually works well because it will give I have discussed this with Senator crease that every year because we need all members of the committee, and GRASSLEY, and I think we both agree to keep hiring more and paying more those Senators not on the committee, that this is a wise thing to do, to hold consultants. We are not capable of more time to read it. it over and give people that extra time managing. Once we start marking up the bill to read the bill. Next week is a recess It is shocking. I hope the President and voting on it in committee, it would week, so we will be able to turn to understands if he wants effective, effi- be my intention to not go Thursday to marking up the legislation in May. By cient government, he is going to have Thursday, which is normal committee that point, the bill will have been pub- to hire effective, efficient manage- procedure, but to hold markups several licly available for three weeks before ment. He is going to have to give them days a week. I am told that people do we vote on any aspect of it or consider the instructions to do what every busi- not intend to delay this immigration any amendments offered to it. Every- ness in America has had to do during bill for the sake of delay, and I hope body will have had a chance to see it. this difficult economy and slow eco- that is so. This is too important an We live-streamed all the hearings. All nomic growth. issue. of this is on the Judiciary Committee I think we should take a very close Madam President, I suggest the ab- Web site. look at the kinds of decisions that have sence of a quorum. The legislative proposal we are exam- been made at the Department of Trans- The PRESIDING OFFICER. The ining is a result of the significant work portation, the lack of competent man- clerk will call the roll. on a bipartisan compromise. I do not agement, and the mismanagement of The legislative clerk proceeded to want to see comprehensive immigra- taxpayer money. This administration call the roll. tion reform fall victim to entrenched needs to step up to the plate and be ac- Mr. LEAHY. Madam President, I ask or partisan opposition even though it countable. The President, as I said, cre- unanimous consent that the order for may well exist. In the course of my ated and signed into law the sequestra- the quorum call be rescinded. hearings I quoted my dear friend of tion policy. His administration has The PRESIDING OFFICER. Without many years, Ted Kennedy, one of the lions in this body. In the summer of known for more than 12 months this objection, it is so ordered. 2007, he and I had worked very closely policy was imminent and they have Mr. LEAHY. Madam President, to go with former President George W. Bush done nothing to prepare for it effec- back, earlier this morning I spoke of to pass comprehensive immigration tively. the immigration hearings we have held legislation. But that immigration re- Our country is a long way from get- in the Judiciary Committee and how form was being blocked in the Senate. ting our spending under control, so it important they are, not only to the He spoke of our disappointment. He is time the administration stops look- Senate but to the country. said: ing for excuses and starts managing its It was an extraordinary series of budget effectively. hearings. Forty-two witnesses spoke But we are in this struggle for the long about the need for meaningful immi- haul. Today’s defeat will not stand. As we With that, I yield the floor. continue the battle, we will have ample in- The PRESIDING OFFICER. The Sen- gration reform. I believe there is a spiration in the lives of the immigrants all ator from North Dakota is recognized. chance to have real immigration re- around us. Mr. HOEVEN. I thank the Chair. form this year, the kind of reform that From Jamestown, to the Pilgrims, to the (The remarks of Mr. HOEVEN per- our great and wonderful country de- Irish, to today’s workers, people have come taining to the introduction of S. 794 are serves. This is a country where every to this country in search of opportunity. located in today’s RECORD under one of us is a child, grandchild, or They have sought nothing more than a ‘‘Statements on Introduced Bills and great grandchild of immigrants; a chance to work hard and bring a better life to themselves and their families. They come Joint Resolutions.’’) country where a large percentage of to our country with their hearts and minds Madam President, I yield the floor, the major Fortune 500 companies were full of hope. and I suggest the absence of a quorum. started by immigrants. I urge all Senators to consider the re- The PRESIDING OFFICER. The We heard from ‘‘Dreamers’’ and farm- cent testimony of Jose Antonio clerk will call the roll. ers, business people, religious leaders, Vargas, Gaby Pacheco, and the families Mr. LEAHY. Madam President, I ask economists, government officials, prac- who can be made more secure by enact- unanimous consent that the order for titioners, law enforcement advocates, ing comprehensive immigration re- the quorum call be rescinded. and others. We heard from those op- form. The PRESIDING OFFICER. Without posed to comprehensive immigration The dysfunction in our current immi- objection, it is so ordered. reform, and we heard from those who gration system affects all of us. I hope Mr. LEAHY. Madam President, what support it. that our history and our decency can is in the parliamentary situation? Since the bipartisan legislation was inspire us finally to take action to re- The PRESIDING OFFICER. The Sen- introduced a week ago, we held 3 days form our immigration laws. I know ate is in a period of morning business. of hearings with live testimony from 26 this is something my maternal grand- IMMIGRATION witnesses. I have accommodated many parents, who were so proud to come to Mr. LEAHY. Madam President, I will member requests. I worked with rank- this country, speaking a different lan- be speaking shortly on matters of im- ing member CHUCK GRASSLEY to ensure guage, beginning a business, raising a migration. I just wanted to report to that all viewpoints were heard. In fact, family, seeing their grandson become a the Senate that since February the no witness he suggested was denied the Member of the Senate, I know that is Senate Judiciary Committee has held opportunity to appear and testify. I the way they would feel. six hearings on immigration. We con- think we all realize—whether Repub- I know my wife’s parents, who came cluded the last one yesterday with the lican or Democrat—no matter how we to this country speaking a different testimony of Secretary Janet Napoli- may vote, we should have a clear language, having their children here in tano. record. the United States and having stood In all, we have had dozens of hearings I asked Secretary Napolitano to re- with Marcelle and me and my parents on immigration in the last couple of turn to testify, again, even though she when I was sworn into the Senate, and years, but these six were especially im- just did so in February. She was sched- then watching these children and portant for the Senate and for our uled last week. But with the horrific grandchildren, understand what a won- work in the Judiciary Committee. To- circumstances in Boston, of course we derful country this is.

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When the Senate confirmed ators after their filibuster in which Thomas Griffith—President Bush’s CONCLUSION OF MORNING they gloated about payback. That, too, nominee to the eleventh seat in 2005— BUSINESS is wrong. It does our Nation and our the confirmation resulted in there The PRESIDING OFFICER. Morning Federal judiciary no good when they being approximately 119 pending cases business is closed. place their desire to engage in partisan per active D.C. Circuit judge. There are f tit-for-tat over the needs of the Amer- currently 188 pending cases for each ac- ican people. I rejected that approach tive judge on the D.C. Circuit, more EXECUTIVE SESSION while moving to confirm 100 of Presi- than 50 percent higher. dent Bush’s judicial nominees in just 17 Senate Republicans also seek to mis- months in 2001 and 2002. use caseload numbers. The D.C. Circuit NOMINATION OF JANE KELLY TO Had Caitlin Halligan received an up- Court of Appeals is often considered BE UNITED STATES CIRCUIT or-down vote, I am certain she would ‘‘the second most important court in JUDGE FOR THE EIGHTH CIR- have been confirmed and been an out- the land’’ because of its special juris- CUIT standing judge on the United States diction and because of the important Court of Appeals for the District of Co- and complex cases that it decides. The lumbia Circuit. Instead, all Senate Re- NOMINATION OF SYLVIA MAT- Court reviews complicated decisions publicans but one supported the fili- HEWS BURWELL TO BE DIREC- and rulemaking of many Federal agen- buster and refused to vote up or down TOR OF THE OFFICE OF MAN- cies, and in recent years has handled on this highly-qualified woman to fill a AGEMENT AND BUDGET some of the most important terrorism needed judgeship on the D.C. Circuit. and enemy combatant and detention The PRESIDING OFFICER. Under Now that Senate Republicans have dur- cases since the attacks of September the previous order, the Senate will pro- ing the last 4 years filibustered more of 11. These cases make incredible de- ceed to executive session to consider President Obama’s moderate judicial mands on the time of the judges serv- the following nominations, which the nominees than were filibustered during ing on this Court. It is misleading to clerk will report. President Bush’s entire 8 years—67 per- cite statistics or contend that hard- The legislative clerk read the nomi- cent more—I urge them to cease their working judges have a light or easy nation of Jane Kelly, of Iowa, to be practice of sacrificing outstanding workload. All cases are not the same United States Circuit Judge for the judges based on their misguided sense and many of the hardest, most complex Eighth Circuit. of partisan payback. and most time-consuming cases in the The legislative clerk read the nomi- Regrettably, however, Senator Re- Nation end up at the D.C. Circuit. nation of Sylvia Mathews Burwell, of publicans are expanding their efforts Today’s nominee is fortunate to be West Virginia, to be Director of the Of- through a ‘‘wholesale filibuster’’ of from Iowa and nominated to a vacancy fice of Management and Budget. nominations to the D.C. Circuit by in- on the Eighth Circuit Court of Appeals. The PRESIDING OFFICER. Under troducing a legislative proposal to I fully support confirming her and com- the previous order, there will be 90 strip three judgeships from the D.C. mend Senator HARKIN for recom- minutes for debate equally divided in Circuit. I am tempted to suggest that mending her to the President and Sen- the usual form. The time from 10:30 to they amend their bill to make it effec- ator GRASSLEY for also supporting her 11 o’clock a.m. shall be for debate on tive whenever the next Republican confirmation. The confirmation to fill Calendar No. 60, and the time from President is elected. I say that to point a vacancy on the Eighth Circuit also 11:30 a.m. until 12 noon shall be for de- out that they had no concerns with demonstrates that the caseload argu- bate on Calendar No. 64. supporting President Bush’s four Sen- ment that Senate Republicans sought The Senator from Vermont. ate-confirmed nominees to the D.C. to use as justification for their unfair Mr. LEAHY. Madam President, just Circuit. Those nominees filled the very filibuster of Caitlin Halligan was one of last month Senate Republicans filibus- vacancies for the ninth, tenth, and convenience rather than conviction. tered the nomination of Caitlin even the eleventh judgeship on the With the confirmation today, the Halligan to fill a vacancy on the D.C. court that Senate Republicans are de- Eighth Circuit will have the lowest Circuit that arose when Chief Justice manding be eliminated now that Presi- number of pending appeals per active Roberts left the D.C. Circuit to join the dent Obama has been reelected by the judge of any circuit in the country. Supreme Court 8 years ago. Caitlin American people. The target of this Yes, lower than the D.C. Circuit. The Halligan is a woman who is extraor- legislation seems apparent when its sponsors of the partisan bill directed as dinarily well-qualified and amongst the sponsors emphasize that it is designed a wholesale filibuster of the D.C. Cir- most qualified judicial nominees I have to take effect immediately and ac- cuit do not propose the Eighth Circuit, seen from any administration. The knowledge that ‘‘[h]istorically, legisla- which covers Iowa, Missouri, Arkansas, smearing of her distinguished record of tion introduced in the Senate altering Minnesota, Nebraska, North Dakota service was deeply disappointing. the number of judgeships has most and South Dakota, be stripped of any Senate Republicans blocked an up-or- often postponed enactment until the judgeships. down vote on her confirmation with beginning of the next President’s Although they unnecessarily delayed multiple filibusters of her nomination term’’ but that their legislation ‘‘does the confirmation from last year to this and procedural objections that required not do this.’’ It is just another of their year of Judge Bacharach of Oklahoma her to be nominated five times over the concerted efforts to block this Presi- to the Tenth Circuit, Senate Repub- last 3 years. To do so they turned up- dent from appointing judges to the D.C. licans all voted in favor of confirming side down the standard they had used Circuit. him. They did not object, vote against, and urged upon the Senate for nomi- In its April 5, 2013 letter, the Judicial filibuster or seek to strip that circuit nees of Republican Presidents. In those Conference of the United States, of judgeships even though its caseload days they proclaimed that everything chaired by Chief Justice John Roberts, per judge is 139, well below that of the President Bush’s controversial nomi- sent us recommendations ‘‘based on D.C. Circuit. nees had done in their legal careers our current caseload needs.’’ They did This Iowa nominee has also proven should be viewed as merely legal rep- not recommend stripping judgeships the exception to the practice of Repub- resentation of clients. They abandoned from the D.C. Circuit but state that licans of holding up confirmations of that standard with the Halligan nomi- they should continue at 11. Four are circuit nominees with no reason for nation and contorted her legal rep- currently vacant. According to the Ad- months. The Senate is being allowed to

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To ex- Judge Gerard Lynch of New York to this point in the Bush administration. pedite this nomination meant skipping the Second Circuit, Judge Susan Car- The circuit and district judges that we over a number of nominees, including ney of Connecticut to the Second Cir- have been able to confirm over the last some who have been waiting since last cuit, and Judge Kathleen O’Malley of four years fall 20 short of the total for year for the Senate to vote on their Ohio to the Federal Circuit for 3 this point in President Bush’s second confirmations. months. term. President Obama’s other circuit The nonpartisan Congressional Re- There should be no doubt that these court nominees have faced filibusters search Service has reported that the delays, and the vacancies they prolong, and unprecedented levels of obstruc- median time circuit nominees have had have a real impact on the American tion. Senate Republicans used to insist to wait before a Senate vote has sky- people. Last week, the president of the that the filibustering of judicial nomi- rocketed from 18 days for President American Bar Association wrote in The nations was unconstitutional. The Con- Bush’s nominees to 132 days for Presi- Hill that: stitution has not changed, but as soon dent Obama’s. This is the result of Re- Real costs are often borne by businesses as President Obama was elected they publican obstruction. So while it is whose viability relies on the timely resolu- reversed course and filibustered Presi- good that they have allowed this vote tion of commercial disputes, by defendants dent Obama’s very first judicial nomi- on Jane Kelly from Iowa, if it proves who lose jobs and sometimes family ties nation. Judge David Hamilton of Indi- an exception rather than a change in while languishing behind bars awaiting trial, ana was a widely-respected 15-year vet- their tactics of obstruction, we will and, ultimately, the public that expects eran of the Federal bench nominated to recognize it for what it is. Senate Re- courts to deliver on the promise of justice for all. Our economy depends on courts to the Seventh Circuit and was supported publicans have a long way to go to by Senator Dick Lugar, the longest- enforce contracts, protect property and de- match the record of cooperation on termine liability. Judicial vacancies increase serving Republican in the Senate. They consensus nominees that Senate Demo- caseloads per judge, creating delays that delayed his confirmation for 7 months. crats established during the Bush ad- jeopardize the ability of courts to expedi- Senate Republicans then proceeded to ministration. tiously deliver judgments. Delay translates obstruct and delay just about every Delay has been most extensive with into costs for litigants. Delay results in un- circuit court nominee of this Presi- respect to circuit court nominees but certainty that discourages growth and in- dent, filibustering 10 of them. They de- not limited to them. Consensus district vestment. layed confirmation of Judge Patty court nominees are also being need- She concluded that ‘‘vacancies are Shwartz of New Jersey to the Third lessly delayed. During President Bush’s potential job-killers.’’ I ask unanimous Circuit for 13 months. They delayed first term alone, 57 district nominees consent that this article be printed in confirmation of Judge Richard Taranto were confirmed within just 1 week of the RECORD at the conclusion of my re- to the Federal Circuit for 12 months. being reported. By contrast, during his marks. They delayed confirmation of Judge first 4 years only two of President Today the Senate will vote on the Albert Diaz of North Carolina to the Obama’s district nominees have been nomination of Jane Kelly to the U.S. Fourth Circuit for 11 months. They de- confirmed within a week of being re- Court of Appeals for the Eighth Cir- layed confirmation of Judge Jane ported by the Committee. cuit. She has a distinguished career in Stranch of Tennessee to the Sixth Cir- Just before the Thanksgiving recess the Federal Defender’s Office, first as cuit and Judge William Kayatta to the in 2009, when Senator SESSIONS of Ala- an assistant federal public defender and First Circuit for 10 months. They de- bama was the ranking Republican on then as a supervising attorney. In addi- layed confirmation of Judge Robert the Judiciary Committee, we were able tion to working in the Federal Defend- Bacharach of Oklahoma to the Tenth to get Republican agreement to con- er’s Office, Jane Kelly has also served Circuit for 8 months. They delayed con- firm Judge Abdul Kallon, a nominee as a visiting instructor at the Univer- firmation of Judge Ray Lohier of New from Alabama, and Judge Christina sity of Illinois College of Law and York to the Second Circuit for seven Reiss, our Chief Judge for the Federal taught at the University of Iowa Col- months. They delayed confirmation of District Court for the District of lege of Law. After law school, she Judge Scott Matheson of Utah to the Vermont. They had their hearing on served as a law clerk to two Federal Tenth Circuit and Judge James Wynn, November 4, were voted on by the Judi- judges: the Honorable Donald J. Porter Jr. of North Carolina to the Fourth ciary Committee two weeks later on of the U.S. District Court for the Dis- Circuit for 6 months. They delayed con- November 19, and were confirmed by trict of South Dakota and the Honor- firmation of Judge Andre Davis of the Senate on November 21. They were able David R. Hansen of the U.S. Court Maryland to the Fourth Circuit, Judge not stalled on the Senate Executive of Appeals for the Eighth Circuit. Jane Henry Floyd of South Carolina to the Calendar without a vote for weeks and Kelly was reported unanimously by the Fourth Circuit, Judge Stephanie months. They were confirmed two days Judiciary Committee one month ago. I Thacker of West Virginia to the Fourth after the vote by the Judiciary Com- am especially pleased that her nomina- Circuit, and Judge Jacqueline Nguyen mittee. That should be the standard we tion is not being blocked the way Sen- of California to the Ninth Circuit for 5 follow, not the exception. It should not ate Republicans blocked the nomina- months. They delayed confirmation of take being from the ranking Repub- tion of Bonnie Campell, the former At- Judge Adalberto Jordan of Florida to lican’s home State to be promptly con- torney General of Iowa and first head the Eleventh Circuit, Judge Beverly firmed as a noncontroversial judicial of the Justice Department’s Violence Martin of Georgia to the Eleventh Cir- nominee. Against Women Office. In part because cuit, Judge Mary Murguia of Arizona The obstruction of President that nomination was blocked, Jane to the Ninth Circuit, Judge Bernice Obama’s nominees by Senate Repub- Kelly will be just the second woman Donald of Tennessee to the Sixth Cir- licans has contributed to the damag- ever to serve on the Eighth Circuit. cuit, Judge Barbara Keenan of Virginia ingly high level of judicial vacancies After today’s vote, a dozen judicial to the Fourth Circuit, Judge Thomas that has persisted for over 4 years. Per- nominees remain pending on the Exec- Vanaskie of Pennsylvania to the Third sistent vacancies force fewer judges to utive Calendar, including four who Circuit, Judge Joseph Greenaway of take on growing caseloads, and make it could and should have been confirmed New Jersey to the Third Circuit, Judge harder for Americans to have access to last year. Like Jane Kelly, they de- Denny Chin of New York to the Second speedy justice. While Senate Repub- serve swift consideration and an up-or- Circuit, and Judge Chris Droney of licans delayed and obstructed, the down vote. Connecticut to the Second Circuit for 4 number of judicial vacancies remained Finally, over the last several months, months. They delayed confirmation of historically high and it has become I have continued to speak out about Judge Paul Watford of California to the more difficult for our courts to provide the damaging effects of sequestration

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2916 CONGRESSIONAL RECORD — SENATE April 24, 2013 on our Federal courts and our system The U.S. District Court for the Northern tion as prosecutors was not only to secure of justice. The harmful effects con- District of Georgia has had one open judge’s convictions but also to ensure that the re- tinue. As a result of sequestration, position for more than 1,500 days and another sults we obtained were just. Confidence in Federal prosecutors and Federal public for more than 1,100 days. Federal courts in the justice of an outcome—especially when Arizona, North Carolina, Texas and Wis- the accused loses his or her freedom—is defenders continue to be furloughed. In consin have similarly long-lived vacancies. maximized only if the defendant has had a column dated April 18, 2013, distin- In the U.S. District Court for the Central competent legal representation. guished Federal Judges Paul Friedman District of California, a venue that recently Our adversarial system works best with and Reggie Walton from the United considered a $1 billion case, a seat on the competent lawyers on both sides. In federal States District Court for the District Ninth Circuit U.S. Court of Appeals has been court in the District of Columbia, where we of Columbia spoke out against the open for more than 3,000 days, since 2004. serve as judges, 90 percent of criminal de- harmful impact of sequestration. They Vacancies affect our criminal justice sys- fendants cannot afford to pay for lawyers. Of those defendants, 60 percent are represented wrote: tem. Major crimes like terrorism, bank rob- bery and kidnapping are tried in federal by attorneys employed by the Office of the [S]equestration poses an existential threat courts that are understaffed. Plus, the num- Federal Public Defender for the District of to the right of indigent defendants to have ber of defendants pending in criminal cases Columbia; the others are represented by pri- publicly funded legal representation—a right before U.S. district courts has increased 33 vate attorneys approved by the court, pro- that the Supreme Court recognized 50 years percent since 2003. The constitutional rights vided training by the federal public defender ago in its landmark decision in Gideon v. of defendants to a speedy trial are not and paid from public funds under the Crimi- Wainwright. . . . waived because senators cannot agree on nal Justice Act. Because of the demanding [T]the effect of sequestration on the courts selection criteria for defense attorneys, the severely threatens the rights guaranteed by judges. To meet those constitutional obliga- tions, criminal trials receive precedence over caliber of representation provided to indi- the Sixth Amendment to those accused of gent defendants in D.C. federal courts is out- crimes and, in the process, threatens our fed- civil matters, further adding to the civil standing. So when a person represented by eral judiciary’s reputation as one of the backlog. Exacerbating slowdowns caused by one of these attorneys is convicted in our world’s premier legal systems. This is a price vacancies, the courts have announced that courtrooms, we can impose sentences with a we cannot afford to pay. sequestration will require staff furloughs. Some courts will not accept civil filings on high degree of confidence that the defend- I ask unanimous consent that this certain days. ant’s best arguments and defenses were ex- column be printed in the RECORD at the Progress can be made with small steps and plored or presented. conclusion of my remarks. collaborative leadership. As a first step, Sequestration has the potential to alter There being no objection, the mate- Democrats and Republicans should schedule this reality. Federal public defender offices rial was ordered to be printed in the up-or-down floor votes for those 13 nominees throughout the country stand to have their RECORD, as follows: favorably reported out of the Senate Judici- already tight budgets reduced significantly. The District’s office is poised to furlough [From The Hill, Apr. 17, 2013] ary Committee with little or no opposition. Second, the 11 nominees who were pending each of its lawyers for at least 15 days before PRESIDENT AND CONGRESS MUST ACT TO FILL on the floor when the 112th Congress ad- the end of the fiscal year on Sept. 30. Also JUDICIAL VACANCIES journed should be fast-tracked. These women impaired will be its ability to assist private (By Laurel Bellows) and men nominees already have endured the attorneys appointed to represent indigent The judicial appointment process has been laborious review process and Judiciary Com- defendants. Already, we judges are seeing broken for two decades. Through the first mittee approval. The technicality of ad- court dates pushed back because lawyers at two centuries of our republic, the Senate was journment should not stall their consider- the federal public defender’s office and the renowned as the world’s greatest deliberative ation. U.S. attorney’s office are being furloughed. body, the home of lawmakers and Next, the Senate majority and minority Lawyers in the federal public defender’s of- statespeople who understood not only the leaders should agree to prioritize filling judi- fice in the District—public servants who impact of soaring rhetoric but also the value cial emergencies and shorten the period of earn much less than their private-sector of collaboration and compromise. Senators time between nomination and votes. A nomi- counterparts—must also endure a roughly 12 assiduously exercised their authority to pro- nee for Majority Leader HARRY REID’s home percent reduction in salary. (The furloughs vide advice and consent on judicial nomina- state of Nevada has waited more than 200 and salary cuts were poised to be worse, but tions. The judicial appointment process was days without a floor vote. Minority Leader the executive committee of the Judicial Con- divisive at times, but presidents and sen- MITCH MCCONNELL’s home state has fared ference announced efforts this week to help ators have historically recognized that even worse. A seat has been vacant in the make up the shortfall.) ‘‘It’s tremendously stonewalling judicial nominees undermines Western District of Kentucky for more than demoralizing, even for people who are used the independence of the judiciary as a co- 500 days. to fighting against extraordinary odds,’’ equal branch of government. With 86 (one in Finally, the White House should offer a noted one federal public defender. 10) vacancies on our federal bench and with nominee for every open seat on the bench. This all seems a heavy price, given that 37 vacant judgeships qualifying as judicial The many vacancies and anticipated vacan- cutting the judiciary’s budget will do little emergencies, the time for collaboration and cies warrant making judicial vacancies a pri- to redress the country’s economic crisis. The compromise is now. ority this year. Additional nominations from federal courts’ budget nationwide comprises Successive presidents and Senate majority President Obama will emphasize the respon- only 0.2 percent, or about $7 billion, of the and minority leaders have pointed at each sibility of the Senate to end decades of esca- $3.7 trillion federal budget, and funding of other and claimed with exasperation that lating retaliation against qualified judicial federal public defenders and Criminal Justice their political opponents are responsible for nominees. Act attorneys must come from that small stalling judicial nominees. Neither side is Bellows is president of the American Bar share. willing to end a process that has degenerated Association. ‘‘Lawyers in criminal cases are necessities, into Beltway gridlock. There are many los- not luxuries,’’ the Supreme Court said 50 ers in this stalemate. One is the judicial [From the Washington Post, Apr. 18, 2013] years ago in Gideon. A federal public de- nominee, whose law practice and family suf- fender in Ohio echoed the sentiment this PUBLIC DEFENDERS OFFICES SHOULDN’T fer during the extended limbo of the pending month: ‘‘These are not luxury services that SUFFER UNDER SEQUESTRATION nomination. Real costs are often borne by we’re providing. These are constitutionally businesses whose viability relies on the time- (By Paul L. Friedman and Reggie B. Walton) mandated services, and because they’re man- ly resolution of commercial disputes, by de- Paul L. Friedman and Reggie B. Walton dated, someone has to do it.’’ When it comes fendants who lose jobs and sometimes family are federal judges on the U.S. District Court to the constitutional right to the effective ties while languishing behind bars awaiting for the District of Columbia. assistance of counsel, can we really say, ‘‘We trial, and, ultimately, the public that ex- Generally, federal judges should not be- don’t have the money’’ pects courts to deliver on the promise of jus- come embroiled in political disputes. But we Alexander Hamilton observed in the Fed- tice for all. Our economy depends on courts feel compelled to speak out because seques- eralist Papers that unlike the legislative to enforce contracts, protect property and tration poses an existential threat to the branch, which ‘‘not only commands the determine liability. Judicial vacancies in- right of indigent defendants to have publicly purse, but prescribes the rules by which the crease caseloads per judge, creating delays funded legal representation—a right that the duties and rights of every citizen are to be that jeopardize the ability of courts to expe- Supreme Court recognized 50 years ago in its regulated,’’ and the executive branch, which ditiously deliver judgments. Delay trans- landmark decision in Gideon v. Wainwright. ‘‘not only dispenses the honors, but holds the lates into costs for litigants. Delay results in Before becoming judges, we served as fed- sword of the community,’’ the judiciary ‘‘is uncertainty that discourages growth and in- eral prosecutors and as defense lawyers. As beyond comparison the weakest of the three vestment. With 60 percent more judicial va- the former, we vigorously pursued the pros- departments of power.’’ Because it has ‘‘nei- cancies at present than in January 2009 and ecution of individuals accused of violating ther force nor will, but merely judgment,’’ pending civil cases in U.S. District Courts 7 the law. And upon securing convictions, we Hamilton explained, the judicial branch de- percent higher than in 2005, vacancies are po- aggressively sought incarceration when the pends on the other branches to fulfill its con- tential job-killers. circumstances warranted. Our ethical obliga- stitutional mandate.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2917 Particularly as concerns grow about I have no doubt that she will be con- Mr. DURBIN. Madam President, I ask wrongful convictions, it is distressing to see firmed. unanimous consent that the order for resources so dramatically diminished for Beginning in 1994, she has served as the quorum call be rescinded. those who protect the rights of the poor in an assistant Federal public defender in The PRESIDING OFFICER. Without the criminal justice system. And the judici- objection, it is so ordered. ary is virtually powerless to do anything the Northern District of Iowa. She han- about it. We appreciate that the country’s dled criminal matters for indigent de- SEQUESTRATION fiscal problems must be addressed. But the fendants, has been responsible for try- Mr. DURBIN. Madam President, this effect of sequestration on the courts severely ing a wide range of crimes. She became morning our Democratic leader, Sen- threatens the rights guaranteed by the Sixth the supervising attorney in that Cedar ator REID, and the Republican leader, Amendment to those accused of crimes and, Rapids office starting in 1999. Senator MCCONNELL, came to the floor in the process, threatens our federal judi- Ms. Kelly is active in the bar and in and talked about sequestration. Se- ciary’s reputation as one of the world’s pre- district court matters. She presently questration had an overwhelmingly bi- mier legal systems. This is a price we cannot afford to pay. serves on the Criminal Justice Act partisan vote of 74 to 26. What it said Panel Selection Committee, the blue- was if Congress, on a bipartisan basis, Mr. GRASSLEY. Madam President, I ribbon panel for criminal cases. She could not reach an agreement on budg- come to the floor to speak about the also serves on the Facilities Security et reduction, then automatic spending nomination of Jane Kelly. I com- Committee of the district court. cuts would go into place. pliment the chairman for speaking on In 2004, her peers honored her with Unfortunately, we did not reach that immigration. I am not going to speak the John Adams Award from the Iowa agreement. The spending cuts, known on immigration today, probably, but I Association of Criminal Defense Law- as sequestration, went into place, and hope to be able to speak several times yers and Drake University Law School. for the last month or so there has been before the bill actually gets to the She was unanimously chosen for this speculation as to whether anybody floor of the Senate, to inform my col- award, which recognizes individuals would notice. leagues about my point of view on the who show a commitment to the con- People are starting to notice because whole issue of immigration. But I can stitutional rights of criminal defend- across this country changes are taking say generally that we all know the im- ants. place. For example, the Federal Avia- migration system is broken and legis- The American Bar Association’s tion Administration has been asked to lation has to pass. I hope we can get Standing Committee on the Federal cut about 5 percent from their oper- something that has broad bipartisan Judiciary gave her a unanimous ating budget, such as salaries for em- agreement. Already the product before ‘‘qualified’’ rating. ployees. Because it is being done in a 6- us is a product of bipartisanship be- I congratulate Ms. Kelly on her ac- month period, it turns out to be a 10- cause four Democrats and four Repub- complishments and wish her well in her percent cut. licans have submitted a proposal for duties. I am pleased to support her con- What that means, for example, is one our committee to consider. firmation and urge my colleagues to of the largest groups of employees in I rise today, as I have said, in support join me. the FAA, the air traffic controllers, is of the nomination of Jane Kelly to be This brings us to a point where, as of going to go without pay 1 day out of U.S. Circuit Judge for the Eighth Cir- today, prior to this supposed approval every 10 working days. So with fewer cuit. The nominee before us today, Ms. of Ms. Kelly, we have a record in the air traffic controllers on the job and Kelly, presently serves as an assistant Senate of approving 185 judges fewer people able to direct flights, we public defender for the Federal Public throughout the 41⁄2 years of this Presi- have noticed this week that flights are Defender’s Office for the Northern Dis- dency, and the Senate has only re- starting to slow down across the coun- trict of Iowa. She does that work in the jected 2. That would be a .989 batting try. The FAA estimates that some 6,800 Cedar Rapids office. average for the President of the United flights a day will be delayed. We have She is well regarded in my home States with his nominees here in the already started feeling that because air State of Iowa, so I am pleased to sup- Senate. traffic controllers are being laid off due port Senator HARKIN’s recommendation As I stated last week, a .989 batting to the sequestration plan. that he made to the President, and sub- average is a record any President Putting that into perspective, on the sequently the President’s nomination would be thrilled with. Yet this Presi- worst day of last year, because of of Ms. Kelly. dent, without justification, complains weather, 3,000 flights were delayed. She received her BA summa cum about obstruction and delay. Now, on a regular daily basis more laude from Duke University in 1987. Today’s confirmation is the 14th so than twice that number will be delayed After spending a few months in New far this year including 5 Circuit Judges because of the reduction in force of air Zealand as a Fulbright scholar, she and 9 District Judges. traffic controllers due to the sequestra- went on to Harvard Law School, grad- Let me put that in perspective for tion passed by Congress. uated there cum laude, earning her my colleagues. At this point in the sec- Senators are coming to the floor and J.D. degree in 1991. ond term of the Bush presidency, only looking for relief from that. Some on Upon graduation, she served as a law one judicial nomination had been con- the other side are arguing if the Sec- clerk, first for Judge Donald J. Porter, firmed. A comparative record of 14–1 is retary of Transportation just had the U.S. District Court, South Dakota, and nothing to cry about. power to pick and choose within his then for Judge David R. Hansen of the As I said, this is the fifth nominee to Department, he might be able to avoid Eighth Circuit. Judge Hansen sent us a be confirmed as a Circuit Judge this these layoffs. I don’t know if that is letter in support of Ms. Kelly. Before I year, and the 35th overall. Over 76 per- true, but I will say that making these quote from it, I have confidence in cent of his Circuit nominees have been cuts at the end of a fiscal year is going Judge Hansen’s words because he was a confirmed. President Clinton ended up to create hardship in a lot of different person I suggested to Republican Presi- at 73 percent; President Bush at 71 per- departments and agencies. dents, both for district judge and then cent. So President Obama is doing bet- I heard one of my colleagues from In- his long tenure on the Eighth Circuit, ter than the previous two Presidents. diana come to the floor and say fami- and he has been a friend of mine as So again, this President and Senate lies face this all the time, and they well. Democrats should have no complaints have to make cutbacks. That is true. I This is what now-retired Judge Han- on the judicial confirmation process. have had that happen with my own sen said in support of Ms. Kelly: ‘‘She The fact of the matter is that Presi- family. They also want to make cer- is a forthright woman of high integrity dent Obama is doing quite well. tain, if they can, to get through tough and honest character.’’ I yield the floor and I suggest the ab- periods without cutting into the essen- Then he went on to say she has an sence of a quorum. tials of life, such as prescription drugs, ‘‘exceptionally keen intellect.’’ The PRESIDING OFFICER. The paying the mortgage, and paying the Then Judge Hansen concludes by say- clerk will call the roll. utility bills. We need to make this a ing: ‘‘She will be a welcome addition to The legislative clerk proceeded to thoughtful effort to avoid sequestra- the Court if confirmed.’’ call the roll. tion.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2918 CONGRESSIONAL RECORD — SENATE April 24, 2013 The Democratic leader, Senator businesses in communities. They have So if the collection of sales tax is re- REID, has proposed that we, in fact, an advantage because the Internet re- quired across the board in America, the defer this sequestration through the re- tailers don’t collect sales tax, so there same can be asked in our trade agree- mainder of this fiscal year, until Octo- is an automatic discount on whatever ments with other countries. If we don’t ber 1. To make up the costs, he uses the the State sales tax might be—6, 8, 9, or do that, we run the risk that the carve- overseas contingency fund. This was a 10 percent. This has caused many of the out becomes the exception that makes fund created to pay for our wars over- stores on Main Street and in shopping the rule in the next trade agreement, seas, and thank goodness Iraq has been malls to face competition that is unfair which is something that would be to- closed down as an act of war and Af- and sometimes forces them into clos- tally unfair to American companies. ghanistan is in the process. So there ing their businesses. So that is where we stand. What I will be a surplus of money in this We are trying to level the playing said yesterday, I will repeat now. At fund—some $600 billion—that otherwise field and say: If you sell into a State noon today we will move to proceed to had been anticipated to be spent. such as Illinois, you will collect our this bill. I have urged my colleagues to What the majority leader suggested sales tax on the sales to Illinoisans come forward with amendments if they is that we take a small part of that and buying your products, period. have them. If they don’t, that is fine. use it so we can avoid the impact of se- The debate has come up over the But if they do, bring them forward. questration and go back to business as States which have no sales tax. Let me Let’s not delay this issue. usual for the remainder of this year. make it clear: There is nothing in the We are in the last week before a re- I happen to think sequestration is Marketplace Fairness bill which will cess. Members have plans back in their not a good policy. We need a better ap- impose any new Federal tax or any States for the weekend, and we want to proach and more thoughtful approach, sales tax beyond what is currently in make sure they can keep those plans. and this will give us a chance. We can the law in every State in the union. Those Members who have an amend- take the funds that otherwise would be If a State, such as Oregon, Montana, ment to this bill should step forward spent overseas—on a war that, thank New Hampshire, Delaware, even Alas- with their suggestions immediately goodness, will not be there—and in- ka, has no State sales tax, this bill will after the vote on the motion to pro- stead use them at home to avoid some not change it. The residents of those ceed. hardships which have just been de- States will not be compelled to pay a Members should bring their amend- scribed. sales tax either over the counter or ments to the Senate floor. Don’t wait. So now we hear from the Republican over the Internet. If a retailer that It is important that we do this on a side that they don’t think this is a via- happens to be located in one of those regular basis so we can debate those ble alternative. They question whether States sells into a State with a sales amendments which need to be debated there is an overseas contingency ac- tax, we will provide, free of charge, the and vote on them, which is almost how count. The irony is that Congressman software for them to collect the sales a Senate is supposed to do it. That is PAUL RYAN, chairman of the House tax and remit it to the State where the what we face. Budget Committee, included the same purchase was made. I urge those who are holding back money in his Republican budget. Sen- There have been arguments that this their amendments and want to wait ator MCCONNELL, who was critical of it is too complicated; that there are 9,000 until Thursday or Friday—if anybody today, said back in April 2011: different taxing districts. I just have to does that, we are likely to be here be- Today, the Chairman of the House say that with software available today, yond Thursday and Friday, and that is Budget Committee, Congressman PAUL what we are suggesting is something not fair to our colleagues. If anybody RYAN, is releasing a serious and de- that is easily done without great cost. has a good amendment—or any amend- tailed plan for getting our nation’s fis- In fact, in this bill we are requiring the ment for that matter—bring it to the cal house in order. States to provide software to the Inter- floor. That serious plan, I might remind net retailers free of charge so they can Senator ENZI, Senator ALEXANDER, Senator MCCONNELL, included just the collect the sales tax as it is charged on Senator HEITKAMP, and I will work to funding that Senator REID is asking each Internet purchase. try to find a way to accommodate for. So we are not asking for something There have been suggestions by some amendments that are consistent with the Republicans have not already stood that we ought to carve out some the bill—or at least debate them and up and embraced. Instead, we are say- States; that we ought to say this new have a vote on them if they are not. I ing let’s deal with the national chal- law will apply to some States but not think that is the best thing we can do. lenges and national emergencies and to other States. The States and their As I said, I think that is why we were let’s deal with them with the money businesses have to volunteer to collect elected—to debate these issues, resolve that would otherwise be spent over- a sales tax for another State. them, and vote. seas. I cannot accept that. It is worse than So this is a fair warning to everyone. MARKETPLACE FAIRNESS ACT the current situation. There are no excuses left. This bill has After we have finished the vote on In the current situation, the store on been on the calendar and available for the judge, I am hoping this important Main Street is competing with an amendment since last week, which issue will leave us in a position to Internet retailer that doesn’t collect a gave everyone plenty of time to craft move to proceed to the underlying bill, sales tax. This carve-out approach their amendment. Bring it to the floor the Marketplace Fairness Act. This is a would say not only will we discrimi- immediately after the vote on the mo- bill that Senator ENZI of Wyoming and nate against those shops on Main tion to proceed, and let’s get down to I have introduced in an effort to bring Street, other Internet retailers which business. Let’s do what we were elected some equity and fairness when it comes are not in the State that is carved out to do and pass this bill—or at least to the collection of sales tax. have to collect sales tax, but those in vote on this bill, and I hope pass it—be- Currently, in the United States, the carve-out State don’t. So it makes fore we break for this recess. Internet retailers are not required by for an even more inequitable situation. The PRESIDING OFFICER. The Sen- law to collect sales tax from sales in I could not accept it. ator from Georgia. States that have a sales tax, and that I might say the Presiding Officer, Mr. ISAKSON. Madam President, I is about 45 or 46 States. The Supreme who has quite a history on this issue, ask unanimous consent to address the Court told us 20 years ago if remote having been one of the parties to the Senate for up to 5 minutes on the mar- sales—catalog sales and Internet Quill Supreme Court decision, also ketplace fairness legislation. sales—are to collect sales tax, Congress made the point that we ought to take The PRESIDING OFFICER. Without has to pass the law to do it. That is care; the standard we set for the collec- objection, it is so ordered. what this is. We have been waiting 20 tion of sales tax is likely to be used in Mr. ISAKSON. Madam President, be- years. In the meantime, it has created the next trade negotiation with a coun- fore he leaves the floor, I would like to some serious problems. try that is trying to establish their thank the distinguished majority whip First, Internet retailers have an ad- rules when it comes to competition on for his leadership. I also want to thank vantage over the brick-and-mortar Internet commerce. Senator ENZI, Senator ALEXANDER, and

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2919 the Presiding Officer for their leader- might be. It is time we gave our local former Governor and a Senator from a ship on what is an important issue to governments the chance for a mandate State that doesn’t have a sales tax, my State, and really to every State. to collect a tax that is owed to them. why do you support this bill, one, I The marketplace fairness bill is a Lastly, for my State of Georgia, we think it is an equity issue. The brick- good idea whose time has finally come. have a 4-percent sales and use tax that and-mortar merchants are there col- We have been waiting 20 years since goes to our State. We have special pur- lecting the sales tax in those 45 or so the court decision to give direction to pose local option sales taxes that are States that have a sales tax to help our States so they can collect the re- referendum taxes levied by local com- support the community, help to sup- tail sales tax upon which many of them munities to finance school construc- port the government and the services finance most—if not all in some cases— tion and other opportunities. We have that are provided locally in States of their governmental operations. This a Metropolitan Rapid Transit Author- across America. Then we have folks is not a new tax. It is not a different ity in Atlanta which in 1974 was seeded who are selling things over the Inter- tax. It is not a tax we are applying to with a referendum that passed a 1-cent net to people who live in those States anybody. It is a mechanism for the col- tax in Fulton and Dekalb Counties for without collecting the sales tax, with- lection of a tax that has been owed for the financing of the beginning of that out being part of the solution. over 20 years by people making retail subway system. It is not fair to deny The other thing—and the Senator purchases in our States from people those States and those entities the from Georgia knows as well as I do— who sell out of State. ability to collect a tax that is owed. It the brick-and-mortar merchants have I commend the leadership on the leg- is only right, after 20 years of getting people come into their stores pretty islation, the way it is drawn. I hope ev- direction from the appellate courts as regularly, and they ask the merchants: How would you like to help support the erybody will bring their amendments to what to do, that this Senate and this Little League? How would you like to to the floor, if they have any. I don’t Congress and our country say to our help support the Boy Scouts and Girl know that there is any need for them. States we are going to give a mandate Scouts? How would you like to support I hope we can send a clear message to for States to collect the taxes owed to this festival or this function? They get the House and to our States that we them. We are going to take the pres- asked about those things all the time— are prepared to let our local govern- sure off the local retailers. We are and they do. Meanwhile, the folks they ments and our State governments col- going to level the playing field. We are are competing with—the Internet lect the tax that is owed to them and not adding a tax to anyone; we are add- sales—they are not supporting those has been owed to them. ing opportunity to everyone. kinds of activities. So there is an eq- The Governor of my State, Nathan I commend Senator DURBIN, the Pre- uity question here. Deal, last year led a major tax reform siding Officer, Senator ALEXANDER, and For me, why I see value in this—a package that passed with only one dis- Senator ENZI for their tireless leader- guy who comes from a State who senting vote in our legislature. It re- ship. I urge all Members of the Senate doesn’t have a sales tax—is this: I want formed taxes on utilities for manufac- to do what we did on the motion to more people from other States, includ- turing to attract businesses to our proceed and what we did on the amend- ing the three around us, to come and State. It reformed our income tax code ment on the budget. Let’s give an over- buy things in my State. If they can buy and it reformed a lot of our taxes, but whelming ratification of the Market- things over the Internet and not pay a it also passed legislation consistent place Fairness Act. sales tax, then why would they come to with the Marketplace Fairness Act so Mr. CARPER. Madam President, Delaware? But if they have to pay a we can finally collect a tax that has would the Senator yield for a moment? sales tax that is going to be collected been owed for a long time in our State. Mr. ISAKSON. Absolutely. by the Internet provider selling to peo- As a real estate guy, as someone who Mr. CARPER. Madam President, I ple in those States with sales taxes, used to lease retail space in shopping wish to join with the Senator from they might come to Delaware and shop. centers and on corners in the cities and Georgia. There are issues we disagree Mr. ISAKSON. Madam President, I counties in our State, I know what it on, but this is a subject we agree on— appreciate the leadership of the distin- has meant to retailers. What has hap- another one we agree on. guished former Governor. Knowing him pened is, in many cases, they become I was privileged to be the Governor of as well as I do, he is a States rights ad- showrooms and servicing agents for an Delaware for 8 years, and now I have vocate and this is a States rights issue offsite seller. Customers in our commu- served with the Senator from Georgia and we are here to protect the rights of nity will go to the retail store, look at and other colleagues for the last 12 our States. the products, go home and go on the years. Delaware is one of those States Mr. CARPER. It sure is a States Internet, buy the product on the Inter- that doesn’t have a sales tax. I think rights issue. I would be remiss if I net, and if something goes wrong with most of these States that don’t have a didn’t say this. I know my colleague it, they will go back to the store and sales tax are not supportive of this bill. has to leave. But in my first term as try to get it fixed. But the State never I am. Either I am out of step or maybe Governor, I had never heard of MIKE gets the sales tax on that sale because not. ENZI. Who is this MIKE ENZI guy? It it was an Internet sale made by some- We have all these signs when people turns out he is a great guy. He is one one offsite. come into a State that say ‘‘Welcome of our colleagues and a former mayor Secondly, it has put pressure on the to,’’ whether it is Georgia or Delaware of Gillette, WY, and he has been push- rest of the tax system. Think about or North Dakota. We had a sign that ing this as a Senator forever. Mike this. If a local community gets most of said, ‘‘Welcome to Delaware, the Small Leavitt, who succeeded me as chairman its revenue from a local special purpose Wonder, the First State’’ and they all of the NGA, has been pushing this for- sales tax and all of a sudden that tax had the name of the Governor. When I ever, a former Governor of Utah. So I goes down, not because people aren’t became Governor, I said why don’t we give a shout out to both of them for paying it but because it is not being take down the name of the Governor their leadership. If we don’t give up, collected, what happens? The pressure and put something else up, and what sometimes we can get stuff done, and on the ad valorem tax goes up. So the we put up is ‘‘Home of Tax-Free Shop- MIKE ENZI doesn’t give up and I know retailer, who is already burdened with ping.’’ That is what we put up: ‘‘Home the Senator from Georgia doesn’t. So I losing business because of Internet of Tax-Free Shopping.’’ thank my friend. sales, becomes further burdened be- In our little State, we have borders NOMINATION OF SYLVIA MATHEWS BURWELL cause they have more pressure from with New Jersey to the east and Penn- Madam President, I would like to the ad valorem tax they pay for the sylvania to the north and Maryland to speak a bit, if I may, on the nomina- space they lease and occupy. So it has the west. They have sales tax. A lot of tion of Sylvia Mathews Burwell, whose had a compounding effect. people in those States come to Dela- nomination as the Director of the Of- Also, we are famous in Washington ware to shop, to buy things, and help to fice of Management and Budget has for what is known as unfunded man- fuel our economy, our retail economy, come through our Committee on Home- dates to local government, whether it and to help fuel our tourism economy land Security and Governmental Af- is IDEA in education or whatever it as well. When people say to me: As a fairs as well as through the Budget

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2920 CONGRESSIONAL RECORD — SENATE April 24, 2013 Committee. Her nomination was re- with one ‘‘t.’’ She is now Sylvia Mat- is Rubin’s Chief of Staff, slips him a ported out unanimously by voice vote a hews Burwell. She is a pretty remark- note and Rubin looks at the note, and week or so ago by our committee and able person for someone who was raised he answers the President’s questions to unanimously on the same day by the and grew up in Hinton, WV, where I great effect and very brilliant re- Budget Committee. lived when I was 4 years old. I was born sponses. The President is oohing and The nomination comes at a critical in Beckley, WV, not far from where aahing at how good that response was, time not just for this administration Sylvia grew up. I said to her at our and Erskine says: Mr. President, I have but I think at a critical time for our confirmation hearing: What is the like- broken the code here on Rubin. He is country. We are wrestling with this lihood that the President would nomi- not that smart. It is Sylvia. She gave large budget deficit. We know there are nate as the Director of OMB, one of the him the note to answer the question. If management challenges. When a per- most powerful positions in any admin- I had Sylvia working for me, people son says OMB, it stands for the Office istration, a gal who was born in Hin- might think I am as smart as they of Management and Budget, and who- ton, WV, on the New River, close to the think Rubin is. ever is confirmed to serve in this posi- Bluestone Dam where I learned to fish Well, she ended up working with Er- tion is expected to oversee a great as a little boy and she would be before skine as the Deputy Chief of Staff. group of people, a good team that will our committee at a hearing chaired by I also talked to Bruce Reed about focus on budget issues. The issues in- a guy who used to live in Hinton, WV, her. Bruce was President Clinton’s clude how do we continue to rein in our when he was a 4-year-old kid? Pretty former domestic policy adviser. He and budget deficit and bring it back to a amazing. But she is extraordinary, as I worked with a bunch of other people more sustainable fiscal position for us, the Presiding Officer knows. on welfare reform. He is a great guy. also what do we need to do on the man- Sylvia Burwell grew up in West Vir- He is Vice President BIDEN’s Chief of agement side to help hasten that day. ginia. She didn’t go off to some fancy Staff today. I asked him to tell me We have across the Federal Govern- private school in another State. She some more about Sylvia. ment in this administration, and we went to Hinton High School. She One of the other things I sensed from had it in the last Bush administration played on the girls’ basketball team both of them is this: She is a real per- as well, something I call executive there. I was kidding her at her con- son. She is a good person. We have all branch Swiss cheese. We have too firmation hearing, and I asked her: heard the term ‘‘good guy.’’ I do not many senior positions in this adminis- What was the mascot? She said: We know how you say that about a tration; we had a number of them in were the Bobcats. So she is a Bobcat. woman—if they are a ‘‘good gal’’ or the last administration but not to the There were at the confirmation hearing whatever—but if she were a man, you extent we have them in this adminis- a number of her colleagues from Hin- would say ‘‘a really good guy.’’ She has tration. We have too many positions ton, who were fellow Bobcats and a great personality. People like her. that are going wanting. In some cases, played on the basketball team with Around here, that is actually pretty the administration has not vetted, her—just a great celebration. She is a helpful. The other thing they said is nominated, and submitted names to us; real person. She is just a real person. that she is incredibly bright and able in some cases, we are not moving them She has wonderful interpersonal skills. to juggle a whole lot of things at the very quickly once they have, so there When the President nominated her, I same time. is a shared responsibility. The adminis- found out she used to work in the Clin- Somehow along the way, she has got- tration—in this case, we haven’t had a ton administration. But I asked her ten married to a lucky guy named Ste- confirmed Director of OMB for about 1 after high school what did she do. I like phen. She said she is lucky too. They year, since Jack Lew left to become to say she couldn’t get into Delaware have these two young kids, and some- Chief of Staff, who is now Secretary of or North Dakota University, she had to how they have managed to keep all the the Treasury. We have gone about 1 go to Harvard. From there, she became balls in the air and raise a family while year without a Senate-confirmed OMB a Rhodes Scholar over in England. She having these careers. Director. That is not good. Jeff Zients, came back and did some work on the But I asked Erskine and Bruce, what who has been the Deputy Director and Clinton-Gore campaign, I think, in 1992 is she really like? Great, just a really who has basically been responsible for and ended up working for the adminis- good person, with good values. I have being Acting Director; also, if you will, tration. What did she do? She was Chief talked to her about her values, includ- the ‘‘m’’ in OMB, the Management Dep- of Staff to Bob Rubin, one of the lead- ing the one that involves faith, and it uty for OMB. We haven’t had anybody ers of the economic development team is just the kind of thing you are en- running it for a while, which these are in the Clinton administration. She was couraged to hear. She is very bright. the regulations since Cass Sunstein a Deputy to Chief of Staff Erskine The other thing they said about her left, who was very good at it. Bowles, Deputy Chief of Staff, and I is this: She has a great ability to get So the senior leadership team at think for the last year or two of the things done. We all know people who OMB pretty much has been Jeff Zients, Clinton administration she was Deputy are a good guy or gal, people who are and we are grateful to him for taking OMB Director and she had a pretty arguably bright, but they are not able on all this responsibility. But he may good experience there. She finished to get things done. Well, we need some- have other things he wants to do with there and ended up working for body in this position who is able to his life and we need to put somebody in McKinsey & Company, one of the top lead a team that gets things done. We place to head up OMB and to surround management consulting firms in the have a huge deficit, about $800 billion. that person with a first-rate team and world. She helped stand up the Bill and It is coming down, but it is still too I pledge to do that. Melinda Gates Foundation and more big. We have all kinds of GAO issues I wish to say to my colleagues, recently has helped to run the Wal- that they raise to us on their High Democratic and Republican in the Sen- Mart Foundation. What great creden- Risk List—the things that are prob- ate, on our Committee on Homeland tials. lematic because we waste money on in- Security and Governmental Affairs, on I called Erskine Bowles when I found effective spending. GAO, most recently, the Budget Committee, just a big out she worked for and with him, and I has given us a whole big report on du- thank-you for getting this nomination, said: Tell me about this Sylvia plication in the Federal Government. once we had it in hand, to move it Burwell, who has been nominated to There is a huge to-do list. And part of quickly, hearings, through the vetting, head up the OMB. Here is what he told it is our jurisdiction in our Committee staff interviews, and to bring that me. He told me a truly great story. He on Homeland Security and Govern- nomination to the floor. Thanks to the said: Here is the setting. We are in the mental Affairs. That is an obligation leadership, Democratic and Repub- Oval Office with the President. Bob and responsibility we share with the lican, for helping to make that pos- Rubin, Sylvia Mathews at the time— administration and with other sible. for a while—and Erskine, and the branches of our government. But we Who is this person whom the Presi- President is having a conversation need somebody who is very good at dent has nominated? She used to be a with Bob Rubin, asking him some ques- multitasking and who can get things Mathews, with one ‘‘t’’—a Mathews tions. And Erskine notices Sylvia, who done. And I think if we help put the

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2921 right team around here, they will get a legislative leadership of the house and The something more we need to do is, lot done and we will do this together. the senate, Democrats and Republicans No. 2—after we address revenues, get I will close, if I could, with this: I from the house and the senate. Occa- them up closer to the historic mark of have never met her parents. Obviously, sionally, we had somebody in from my about 20 percent, where we were in the I think she has at least one sibling. administration, my staff. We would Clinton administration, 20 percent of But, boy, when I asked her how she have lunch together. Sometimes we revenues as a percentage of GDP, the turned out this way, Sylvia really would talk about issues; sometimes we second thing we need to do is entitle- gives the credit to her parents. I think would talk about sports or whatever ment reform. most of us probably do if we have had else was the topic of the day. We al- I will use the President’s words, and success in life, although we had a great ways had lunch together, and we did it I think he has been courageous because witness before the Finance Committee week after week, month after month, not everybody in our party agrees with at yesterday’s hearing—Antwone Fish- year after year. You get to know peo- him on this. We need to reform the en- er, a sort of self-made, up-from-the- ple and you develop a sense of trust, titlement programs in ways that save roots, amazing, successful guy. You and in many cases you kind of like money, do not savage old people or never would have imagined he would each other. poor people, and preserve these pro- have enjoyed the success he has, com- One of the keys to our success in grams for the long haul. ing up through the foster care system Delaware is we sort of like each other, I remember I spoke to—it was back in his home State. Democrats and Republicans. We work at Ohio State, where I did my But she gives a lot of credit to her together, and we govern from the cen- undergrad as a Navy ROTC mid- parents. Obviously, they are doing ter. shipman a million years ago—it was something right at Hinton High School ANGUS had a similar story, only they back a month or so ago, and I had a and maybe even at Harvard and over in did not do lunch together with the leg- chance to talk to 400 fraternity broth- Oxford, England. But she has had good islative leadership. They did breakfast ers from different States, including the mentors. She is a very humble person— together in Maine. He did it every Presiding Officer’s State, who were a very humble person. She is the real week, every month, every year for the there for a weekend conference, a lead- deal, and we are lucky she is willing to 8 years or so he was Governor. ership conference. I talked to them The President is doing something take this on. about leadership. I also talked to them I commend the President for nomi- like that. He is doing like a DC version about making tough decisions and how nating her. I want to thank her hus- of that now. It is just great, and I urge we use our values to make these tough band and her family for their willing- him to keep it up. decisions. ness to share her. I hope she gets a DEFICIT REDUCTION I asked the 400 guys from across unanimous vote here today. She ought I will close with this: My colleague, those eight States: How many of you to. the Presiding Officer, has heard me say think you will someday receive a So- this before. The President has heard COMMENDING THE PRESIDENT cial Security check? me say this a few times as well, prob- The other thing I want to say, if I Not one hand went up. ably more than he wants to remember. I asked: How many of you think could, is this: The President took some But I think there are three things—if someday you might be eligible for folks out for dinner last night. I do not we are really serious about deficit re- Medicare when you are 65? know if our Presiding Officer was one duction—three things we need to do. Not one hand went up. of them. My guess is she was. I will I would mention, the first one of My sons who are 23 and 24, they do talk to her later about what they had those is—go back to the Clinton admin- not think they will. I want to make and how it went. But I commend the istration. Erskine Bowles, the Chief of sure they do. I will predict that they President for reaching out to Repub- Staff, whom Sylvia helped, and others, will need it. I want to make sure that licans and Democrats, Senators and put together, with Republican help in for our sons, our daughters, our Representatives. It is the kind of thing the House and Senate—it was then a grandsons, our granddaughters, our you have to do. It is the kind of thing Republican House and Senate in those nieces, and our nephews, those pro- you have to do if you want to get years—they put together a deficit re- grams are going to be there for them. things done. As President, you have a duction plan. It was 50 percent reve- The President gets that. And we un- million people pulling on you—300 mil- nues; it was 50 percent spending. They derstand we cannot just keep doing lion people pulling on you—and folks put together a balanced budget plan business as usual. We are going to run from around the world pulling on you, that led—for the first time since 1968, out of money in the Medicare trust and it is hard to focus on building and we ended up not with one balanced fund by—when?—2024, and we will start rebuilding relationships here. It is ab- budget, not two, not three, but four to run out of money—our inability to solutely necessary. balanced budgets in the last 4 years of pay Social Security checks fully—by I was talking with ANGUS KING the the Clinton administration. It was 50 about 2030 or so. So we need to do other day. ANGUS—now our colleague percent deficit reduction on the spend- something differently, and we need to here in the Senate, a great addition— ing side and 50 percent on the revenue be smart to do it so we do not hurt the used to be Governor of Maine. We were side. least of these—the least of these—in comparing notes as to his role as Gov- For those 4 years, if you look at Fed- our society. I think we can be that ernor of Maine and mine as Governor of eral revenue as a percentage of GDP, it smart. Delaware, how we worked with the leg- ranged anywhere from 19.5 percent to So first, we need some revenues. Sec- islature. I am sure you could find peo- 20.5 percent. That was the range—19.5 ond, we need entitlement reform that ple who were in the legislature when I percent to 20.5 percent Federal reve- is true to Matthew 25: the least of was Governor who said: Thank God he nues as a percentage of GDP—but the these, looking out for the least of is gone. But we actually worked pretty average was about 20 percent. these. And the third thing—and this is well together. Look at last year. We had a big budg- where we have focused in our Com- One of the keys—not my idea but an et deficit. Federal revenues as a per- mittee on Homeland Security and Gov- idea that started with, I think, Pete du centage of GDP were right around 16 ernmental Affairs, as the Presiding Of- Pont, when he was Governor a number percent. I think spending as a percent- ficers knows—we have put together of years ago; also done by Mike Castle age of GDP last year was around 23 per- more than a dozen Democrats and Re- as Governor and Ruth Ann Minner as cent or so. But that gap between 16 per- publicans in this committee who are— Governor and by me in between Gov- cent in revenues as a percentage of ‘‘rabid’’ is probably the wrong word, ernor Castle and Governor Minner— GDP and spending at about 23 per- but I will use it—rabid about waste, every Tuesday when the legislature cent—and spending is coming down and rabid—r-a-b-i-d—about waste. What we was in session in Delaware—every the revenues are going to go up under believe—as I do—is that everything we Tuesday; they are usually in session on the fiscal cliff deal, but we will still do as human beings, we can do better. Tuesdays, Wednesdays, and Thursdays have a deficit—a substantial deficit, by I think that is true of all of us. It is most weeks between January and historical standards—so we need to do true of Federal programs. Everything June—I would host a lunch with the something more. we do, we can do better.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2922 CONGRESSIONAL RECORD — SENATE April 24, 2013 The challenge for us is to leverage The assistant legislative clerk pro- first grade in Hinton. Think about it. from one committee, working with our ceeded to call the roll. That is who we are. That is the heart colleagues here in the Senate and the Mr. MANCHIN. Madam President, I and soul of West Virginia, friends and House; working with GAO, the Govern- ask unanimous consent that the order family. ment Accountability Office; working for the quorum call be rescinded. But make no mistake, I am sup- with OMB, the Office of Management The PRESIDING OFFICER. Without porting Sylvia’s nomination not be- and Budget; working with the inspec- objection, it is so ordered. cause she is from West Virginia, which tors general across the Federal Govern- Mr. MANCHIN. Madam President, I makes it all that much sweeter, but be- ment; working with outside groups, rise to urge the Senate to confirm the cause she embodies the best of our such as Citizens Against Government nomination of Sylvia Mathews Burwell State and our country. In West Vir- Waste, and with other groups; with to be Director of the Office of Manage- ginia, we judge people by their deeds as David Walker, a former Comptroller ment and Budget. I do so with great much as their words, and Sylvia has al- General; and just a bunch of folks, to pride because Sylvia Burwell is from ready accomplished so much in her life, say this is like an all-hands-on-deck my home State of West Virginia. I have the public service and philanthropy she deal and a shared responsibility as been dear friends with her family for a has been involved with. well. To the extent we have the ability long time. Sylvia Mathews Burwell is an excep- to work with all those partners I just Her parents have been community tional choice to lead the Office of Man- mentioned, we will get more done and leaders in Hinton, WV, for over half a agement and Budget, especially in the we will leverage the effectiveness of century. Her father Dr. William Mat- aftermath of sequestration, which is our committee, but most importantly, hews is a longtime optometrist, and what we are going through now, and we will actually continue to reduce the her mother the Honorable Cleo Mat- which so many of our colleagues de- budget deficit. hews previously served as the mayor of tailed on the Senate floor this past The three things, in closing: We need Hinton, as well as in a number of other week. We are still discussing it. some additional revenues. We need to public service positions. I worked with I say that because Sylvia served as do it in a smart way. We need to re- Sylvia for many years as mayor when I the Deputy Director of the Office of form the entitlement programs in ways was Governor of the State—she was Management and Budget, which now that do not savage old people and poor quite competent—including 8 years on she will become Director of, from 1998 people and would save these programs the State Board of Education when she to 2001, which was our last era—think for the future. And we need to look in served as president of the board of edu- about the last time of fiscal responsi- every nook and cranny of the Federal cation. bility, when balanced deficit reduction Government to say: How do we get a If you want to know Sylvia, you gave us balanced Federal budgets. better result for less money? Find out should look at her small hometown of The fiscal plan she and Erskine what works and do more of that. Find Hinton, WV, and the surrounding Sum- Bowles, whom she worked with, put to- out what does not work and do less of mers County that she grew up in be- gether, had we followed it to this day that. Look wherever we are duplicating cause that is her grounding. It is pure and not changed, would have erased responsibilities and activities and see Americana, a one-time railroad boom our national debt completely by now. how we can maybe do less of that. town, woven into the mountains of Ap- Can you believe that. We would have So there you have it, Madam Presi- palachia. The downtown historic dis- been totally out of debt as a nation if dent. I do not usually get to talk this trict, 200 buildings, including churches, we had followed the plan that was put long, but I am wound up today, very storefronts, and private residences, is forward back in 1996, 1997, 1998, and fol- excited about this nomination, as the an architectural gem of American lowed through after 2001. Presiding Officer can tell. Sylvia Mat- Gothic, Classical, Victorian and Greek Sylvia was a key part of the Clinton hews Burwell has the potential of being Revival styles. It is a movie just wait- White House team which reached a terrific OMB Director. One of the ing to happen. across the aisle, negotiated those bal- keys to doing that is we have to get Hinton is the ideal example of anced budgets with a Republican Con- her confirmed today, and I think we smalltown West Virginia and probably gress. If we look closely at the num- will. Then we have to move promptly. smalltown America. It only has 2,600 bers, we can see what an accomplish- The President has to give us a good residents. That is a pretty large town ment it was to fix our finances in the name. I think he has given us one good for West Virginia and probably North 1990s. Prior to 1993, when Sylvia joined name to be part of her team, if she is Dakota. It is nestled into a lush green confirmed. But the President needs to the Clinton administration, the United valley on the banks of the New River, send us somebody not just for Deputy States had failed to balance its budget surrounded by the towering, majestic OMB Director, not just to be deputy at for 23 years—23 years. mountains and forests of Summers By 1992, spending had risen to his- OMB for management, not just to be the person—the new Cass Sunstein, County, one of the most beautiful toric highs—I think we all know that whose job it will be to work the regula- counties in West Virginia. story—and revenues had reached near New River is one of the oldest rivers tion side, but all of the above. When we historic lows. We know that one too. in the world. It flows south to north, get good names, we have an obligation That is exactly the dilemma we are in to vet them quickly and promptly and, which may be due to the fact that it right now, compared to the size of the if they are good people with the best was formed long before the Appa- economy. In 1992, the Federal budget credentials, get them confirmed and in lachian Mountains. deficit topped out at $290 billion. I This is the special place Sylvia Mat- place so they can go do their job be- think we are close to $17 trillion in cause with an $800-some-billion deficit, hews Burwell calls home, a showcase debt right now. we have work to do and need a good for the best of West Virginia and Amer- By the time Sylvia left the Clinton leadership team to do that. ica, the beauty, the outdoors, and the White House and went to the Office of Madam President, I do not see any- people are warm and welcoming. Sylvia Management and Budget in 1998 as a body standing around to chew up the is humble, hardworking, has spent Deputy, the wheels were in motion of rest of this time, which is probably a most of her life helping hard-working sustainable balanced budgets for years good thing. I think it signals that families everywhere achieve the Amer- to come. She put these wheels on. maybe we will get a good vote on this ican dream her Greek immigrant Spending had shrunk drastically and nomination. grandparents found in this country. revenues were soaring to historic I am pleased to put in a good word She went off to Harvard, was a highs, thanks to a thriving U.S. econ- for Sylvia and say to her husband and Rhodes Scholar, and has traveled the omy and reasonable tax policy that en- family, thanks for sharing her, and to world over. But she has never lost sured both corporations and wealthy her parents, thanks for raising her. touch with her West Virginia roots and individuals paid their fair share. With that, I suggest the absence of a the ties that bind us together. No mat- The PRESIDING OFFICER. The time quorum. ter where she is, 1 day each week like for the majority has expired. The PRESIDING OFFICER. The clockwork, Sylvia is on the phone with Mr. MANCHIN. I ask unanimous con- clerk will call the roll. the two best friends she made in the sent to speak for up to 5 minutes. At

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2923 that time, I wish to be able to turn it publican Presidents I was proud to sup- judge for the Eighth Circuit. I urge all over to the Senator from Iowa. port, under the leadership of Senator of my colleagues to support her nomi- The PRESIDING OFFICER. Without GRASSLEY. nation and confirmation. objection, it is so ordered. Federal District Court Judge Steph- Madam President, I yield the floor, Mr. MANCHIN. In 1998, Sylvia’s last anie Rose remembered Ms. Kelly ‘‘has a and I note the absence of a quorum. year in the White House and the first great blend of personality, skills and The PRESIDING OFFICER. The year at OMB, the Federal budget had a common sense to make a great lawyer clerk will call the roll. $69.3 billion surplus, the first surplus in and judge.’’ The bill clerk proceeded to call the a generation. Sylvia has been out of The American Bar Association gave roll. government for the last 12 years. But I her a unanimous ‘‘qualified’’ rating. Mr. SESSIONS. I ask unanimous con- am confident she will bring a fresh per- Ms. Kelly is a credit to all of us who sent that the order for the quorum call spective to the fiscal debate we will be have chosen to be in public service. She be rescinded. having over the next few years. earned her bachelor’s degree summa The PRESIDING OFFICER. Without After serving in high-profile leader- cum laude from Duke, served as a Ful- objection, it is so ordered. ship positions, she has been well bal- bright Scholar, and received her J.D. Mr. SESSIONS. Madam President, I anced, and she has been with the Bill cum laude from Harvard Law School. want to share a few remarks on the and Melinda Gates Foundation. She After law school she was a law clerk to nomination of Sylvia Mathews Burwell has been their top person. I would hope Judge Donald Porter of the District to be the Director of the Office of Man- all my colleagues on the Republican Court of South Dakota and to Judge agement and Budget. I suspect she will side and my colleagues on the Demo- David Hansen on the Iowa Eighth Cir- be confirmed momentarily. She was cratic side will look at Sylvia as part cuit. She could easily have commanded raised in a small town in West Virginia of America, part of this great country, a big salary with a top law firm, but in- and seems to have some good West Vir- a product of who we are. She will do a stead for over 20 years she has opted ginia values. She is smart, able, and great job because she has a track for public service and long hours as a has a winning personality for sure. record of already doing it. With that, I Federal public defender. We are fortu- This is, perhaps, properly utilized, would encourage all my colleagues to nate she seeks to continue her public the toughest, most important job in please vote in support of Sylvia Mat- service to Iowa and our Nation by serv- the U.S. Government. The primary re- hews Burwell. ing as a Federal judge. sponsibility of OMB is to assist the The PRESIDING OFFICER. The Sen- Let me conclude with two additional President in overseeing the preparation ator from Iowa. notes about Ms. Kelly’s nomination. of the budget, but also to help formu- Mr. HARKIN. Madam President, I First, if confirmed, Ms. Kelly will only late spending plans to deal with agency was honored to recommend to the be the second female judge in the his- programs, policies, and positions in President that he nominate Jane Kelly tory of the Eighth Circuit Court of Ap- setting funding priorities to make to serve as a judge on the U.S. Court of peals, a court established in 1891. While tough choices that are necessary to Appeals for the Eighth Circuit. Today I 56 men have sat on that court, to date keep our financial house in order. It is encourage my colleagues to vote for there has only been one woman, Diana a tough position. her confirmation, which will be the Murphy of Minnesota. President We could have elected a President first vote at noon. Obama has nominated approximately such as Governor Romney, who was a Let me begin by thanking Senator 100 former prosecutors to the Federal manager, a tough, proven executive. LEAHY and his staff for their hard work bench, including one I recommended, That was his strength. President in advancing Ms. Kelly’s nomination in former U.S. attorney Stephanie Rose, Obama’s strength is in message, trav- such a timely manner. I also thank my to the Southern District of Iowa. eling the country and advocating his senior colleague from Iowa, Senator Among recent Presidents that is the positions, leaving it even more criti- GRASSLEY, for his invaluable support highest percentage of former prosecu- cally important than normal, it would and assistance. For all the years we tors to be nominated to the Federal seem to me, to have a very strong Of- have served together, Senator GRASS- bench. These are all outstanding attor- fice of Management and Budget leader. LEY and I have cooperated in a spirit of neys and dedicated public servants. Ms. Burwell certainly seems to have good will on judicial nominations in As Judge Melloy recently noted with the integrity to do the job. our State. I am grateful that tradition respect to Ms. Kelly: ‘‘It will be good to I am worried about her lack of expe- has continued. have someone from the public defender rience. She served as the president of Jane Kelly possesses all the quali- realm on the bench.’’ the Global Development Program at fications necessary to assume the re- Ms. Kelly has served for more than 20 the Bill & Melinda Gates Foundation. sponsibilities of a Federal appellate years in the Federal defender’s office, She served as the head of the Walmart judge. Before recommending Ms. Kelly where she has argued hundreds of cases Charitable Foundation, she served in to the President, I reviewed a very on behalf of indigent clients. She has the Office of Management and Budget strong field of candidates for this posi- fought tirelessly to ensure that the for a time—Chief of Staff, I believe, to tion. She stood out as a person of truly rights of all are protected, and she has the Secretary of Treasury—and at the outstanding intellect and character, worked to give meaning to the phrase National Economic Council. Her most with a reputation as an extremely tal- above the Supreme Court, ‘‘Equal Jus- recent experience has not been in di- ented lawyer with a deep sense of com- tice Under Law.’’ This is a critically rectly trying to rein in a government passion and fairness. Not surprisingly, important perspective that she will that is out of control. she enjoys wide bipartisan support bring to the court. The Web site of OMB says as part of from the Iowa legal community. As an aside, it strikes me as espe- its mission: Judge Michael Melloy, who was nom- cially fitting that Ms. Kelly, a career It reports directly to the President and inated by President George W. Bush, public defender, has been nominated helps a wide range of executive departments and whose seat on the Eighth Circuit for the Federal bench this year as we and agencies across the Federal Government Ms. Kelly is nominated to fill, said Ms. observe the 50th anniversary of Gideon to implement the commitments and prior- Kelly ‘‘is very intelligent and thought- v. Wainwright. As we all know, that ities of the President. ful.’’ landmark decision recognized that It is a big job. Judge David Hansen, who was Presi- every person accused of a crime, no I would say that in failing to nomi- dent George H.W. Bush’s nominee to matter how poor, is guaranteed the nate someone like a proven executive, serve on the Eighth Circuit and for right to counsel. At its core, Gideon is a proven Governor, or a former Cabinet whom Ms. Kelly clerked, said: ‘‘She is the promise of justice for all, including member who can look these Cabinet a forthright woman of high integrity our most vulnerable citizens. This is an members in the eye and say: No, Sec- and of honest character’’ who ‘‘will be ideal to which Ms. Kelly has dedicated retary, this is not going to be within a welcome addition to the court.’’ her entire legal career. our budget; this isn’t within our I might also point out for the record Jane Kelly is superbly qualified to plans—you are going to have to see if that both of those nominees under Re- serve as the U.S. Court of Appeals you can do this. We have a nominee

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2924 CONGRESSIONAL RECORD — SENATE April 24, 2013 who will really have to rise to the oc- to us to end this constant artificial cri- able Cleo Mathews, served as the casion to be able to defend common sis and political brinkmanship that is mayor of her hometown of Hinton, and sense and spending because our Cabinet threatening our fragile economic re- later served on the West Virginia State people get ideas and visions. They want covery. They want us to come together Board of Education for a decade. As my to do all kinds of things, particularly around fair solutions that work for our colleague Senator MANCHIN said when in this administration. Sometimes you middle class, help the economy grow, he introduced her to our Budget Com- have to say: We don’t have the money. and tackle our deficit and debt fairly mittee, it is easy to see public service We would like to do that, but we do not and responsibly. It is time we stop gov- is a part of Sylvia’s DNA. have the money. erning from crisis to crisis and return As the Director of OMB, Sylvia will The President’s budget that OMB is stability and regular order to our budg- help set our Nation’s priorities and required to produce and that he has et process. make tough decisions about our Fed- submitted so far has not been impres- That is why I am so pleased we have eral spending. So I am glad Sylvia sive. That is an understatement. They such an exceptional and qualified knows budgets are about more than ab- have not exemplified the leadership nominee in Sylvia Burwell to lead stract numbers and partisan back and and management that we would expect OMB. I know she is the right person to forth. As a second generation Greek in a President. come into this leadership role at this American, Sylvia understands the im- For instance, the 2013 budget, the one important time for our country. She is portance of the promise of American that was introduced last year, in- no stranger to OMB or to tackling im- opportunity. She knows budgets are a creased spending by $1.5 trillion above portant fiscal issues. reflection of our values and our prior- the Budget Control Act spending levels In the 1990s, she was a critical part of ities, and they are about families to which we all agreed. That is not President Clinton’s economic team. across the country whose lives and fu- good. She served as Deputy Director of the tures are impacted by the decisions we The President signed the Budget Con- Office of Management and Budget, Dep- make. trol Act. It limited spending from in- uty Chief of Staff to the President, and Not only is Sylvia an expert on do- creasing from $37 trillion at current Chief of Staff to the Secretary of the mestic economic policy and a dedicated law baseline. He was going to $47 tril- Treasury. In those roles, she worked public servant, she has a demonstrated lion. The Budget Control Act reduced very closely with Jack Lew, Erskine track record of working across the the increase to just $45 trillion instead Bowles, Robert Rubin, and the rest of aisle to get things done. During her of going up to $47 trillion. It imposed President Clinton’s economic team to time in Washington in the 1990s, she the 2012 budget limits. Yet the Presi- help produce three out of four budget reached across the aisle and negotiated dent’s budget proposed a deficit of $2.7 surpluses in a row. During her tenure, the balanced and fair budgets with Re- trillion above the agreed-upon base- our government took a fair, credible, publicans in Congress. She knows line, so we had a good number of prob- and sustainable approach to our Fed- working to find common ground is the lems with that budget. Of course, the eral budget. That gave businesses the key to solving our fiscal challenge—a budget, those two budgets, failed in the confidence to hire new workers and in- point made clear by her during her con- Senate 99 to 0 and 97 to 0. It got not a vest in their growth. firmation hearing in front of our Sen- single vote, and it didn’t get a single Her leadership and hard work in the ate Budget Committee this month. vote in the House because it’s an irre- 1990s helped to create broad-based eco- So I am pleased her nomination sponsible budget. Ms. Burwell will be nomic growth that worked for the mid- passed our committee on a voice vote replacing the OMB Director who put dle class and turned our debt and def- with strong bipartisan approval. Re- together those budgets. icit problems around. Sylvia’s first- publicans, including Senator SESSIONS, I see my colleague and able chair of hand experience creating a balanced who here on the floor praised Sylvia as the Budget Committee here. I thought and responsible approach to deficit re- someone who is, by all accounts, well- I would have 10 minutes. What is the duction makes her uniquely qualified liked and an able leader committed to agreement at this point? to lead OMB at this important time for public service. The PRESIDING OFFICER. All time our country. Madam President, I support this expires in 30 seconds, all time remain- Since the 1990s, Sylvia has dedicated nomination, I urge my colleagues to ing under Republican control. her life to helping people all over the vote yes, and I yield back the remain- Mr. SESSIONS. The Republican time world. As the president of the Global der of my time. has expired. Development Program and the chief Mr. MCCAIN. Mr. President, today I I will say I intend to support Ms. operating officer at the Gates Founda- come to the floor to speak in support of Burwell’s nomination. We will give her tion, she worked to improve the lives the nomination of Mrs. Sylvia Mathews a chance. I hope she will rise to the oc- of millions across the globe. Under her Burwell, to be Director of the Office of casion. I think she has the ability. She leadership, the foundation invested in Management and Budget, OMB. Her certainly is a delightful person with important programs to help combat previous experience as Deputy Director whom to meet. poverty and produce clean water and of OMB during the Clinton administra- I yield the floor. improve literacy, and provides emer- tion, as well as her work with the Bill The PRESIDING OFFICER. The Sen- gency relief to those who need it the and Melinda Gates Foundation and her ator from Washington. most. current position as president of the Mrs. MURRAY. Madam President, I Most recently, as president of the Walmart Foundation in my opinion, would ask unanimous consent to speak Wal-Mart Foundation, she led the make her well qualified to be the Di- for 5 minutes on the nomination of Syl- Foundation’s charitable giving and fo- rector of OMB. via Mathews Burwell. cused on critical issues such as hunger With our country now facing a $16.8 The PRESIDING OFFICER (Ms. relief and women’s economic empower- trillion dollar debt, which is more than BALDWIN). Without objection, it is so ment. $53,000 per person, the Director of OMB ordered. Not only do Sylvia’s achievements in is perhaps the toughest job in Wash- Mrs. MURRAY. Madam President, I the foundation of philanthropy worlds ington, and I am confident that Mrs. thank Senator SESSIONS, and I rise demonstrate her vast experience man- Burwell is up for the challenge. In addi- today to speak in support of Sylvia aging large global budgets, but they tion to the unsustainable debt, $85 bil- Mathews Burwell, whose nomination to also speak volumes of her values and lion in draconian, across-the-board se- be the next Director of the Office of demonstrate her deep lifelong commit- questration cuts to defense and non- Management and Budget was approved ment to serving others. defense programs in fiscal year 2013 last week with strong bipartisan sup- Sylvia grew up understanding the have now started to hollow out our port by our Senate Budget Committee. value of hard work and public service. military. I hope to work with Mrs. As we all know, our country does Her parents have been community Burwell to remedy these cuts that are face serious fiscal and economic chal- leaders in West Virginia for over half a devastating to our national security. lenges we have to work together to ad- century. Her father is a long-time op- Although Mrs. Burwell and I will not dress. The American people are looking tometrist and her mother, the Honor- always agree on how we tackle our

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2925 country’s urgent fiscal challenges, I am Who yields time? The PRESIDING OFFICER. Without confident that she will commit to find- Mr. REID. I yield back all time. objection, it is so ordered. ing bipartisan solutions to these real The PRESIDING OFFICER. All time f problems. Solutions that will provide is yielded back. greater program efficiency and trans- The question is, Will the Senate ad- MARKETPLACE FAIRNESS ACT OF parency and will put our country back vise and consent to the nomination of 2013—MOTION TO PROCEED on a path of fiscal stability so that fu- Sylvia Matthews Burwell, of West Vir- The PRESIDING OFFICER. Under ture generations will not be forced to ginia, to be Director of the Office of the previous order, the Senate will re- pay for the irresponsible spending deci- Management and Budget? sume consideration of the motion to sions we continue to make here in Con- Mr. REID. Madam President, I ask proceed to S. 743, which the clerk will gress. Again, I am pleased that the for the yeas and nays. report. President put forth such a qualified The PRESIDING OFFICER. Is there a The legislative clerk read as follows: nominee, and I look forward to work- sufficient second? A bill (S. 743) to restore States’ sovereign ing with her. There appears to be a sufficient sec- rights to enforce State and local sales and The PRESIDING OFFICER. All time ond. use tax laws, and for other purposes. has expired. The clerk will call the roll. The PRESIDING OFFICER. Under The question is, Will the Senate ad- The legislative clerk proceeded to the previous order, the question is on vise and consent to the nomination of call the roll. the adoption of the motion to proceed Jane Kelly, of Iowa, to be United Mr. DURBIN. I announce that the to S. 743. States Circuit Judge for the Eighth Senator from Massachusetts (Mr. Mrs. SHAHEEN. I ask for the yeas Circuit? COWAN), the Senator from New Jersey and nays. Mr. SESSIONS. I ask for the yeas (Mr. LAUTENBERG), and the Senator The PRESIDING OFFICER. Is there a and nays. from Massachusetts (Ms. WARREN) are sufficient second? The PRESIDING OFFICER. Is there a necessarily absent. There appears to be a sufficient sec- sufficient second? Mr. CORNYN. The following Senator ond. There appears to be a sufficient sec- is necessarily absent: the Senator from The clerk will call the roll. ond. Idaho (Mr. CRAPO). The bill clerk called the roll. The clerk will call the roll. The PRESIDING OFFICER. Are there Mr. DURBIN. I announce that the The bill clerk called the roll. any other Senators in the Chamber de- Senator from Massachusetts (Mr. Mr. DURBIN. I announce that the siring to vote? COWAN), the Senator from New Jersey Senator from Massachusetts (Mr. The result was announced—yeas 96, (Mr. LAUTENBERG), and the Senator COWAN), the Senator from New Jersey nays 0, as follows: from Massachusetts (Ms. WARREN) are (Mr. LAUTENBERG), and the Senator [Rollcall Vote No. 109 Ex.] necessarily absent. from Massachusetts (Ms. WARREN) are YEAS—96 The PRESIDING OFFICER. Are there necessarily absent. Alexander Franken Moran any other Senators in the Chamber de- Mr. CORNYN. The following Senator Ayotte Gillibrand Murkowski siring to vote? is necessarily absent: the Senator from Baldwin Graham Murphy The result was announced—yeas 74, Barrasso Grassley Murray nays 23, as follows: North Dakota (Mr. HOEVEN). Baucus Hagan Nelson The PRESIDING OFFICER. Are there Begich Harkin Paul [Rollcall Vote No. 110 Leg.] any other Senators in the Chamber de- Bennet Hatch Portman YEAS—74 Blumenthal Heinrich Pryor siring to vote? Alexander Feinstein Menendez The result was announced—yeas 96, Blunt Heitkamp Reed Boozman Heller Reid Baldwin Fischer Mikulski nays 0, as follows: Boxer Hirono Risch Barrasso Flake Moran [Rollcall Vote No. 108 Ex.] Brown Hoeven Roberts Begich Franken Murphy Bennet Gillibrand Murray YEAS—96 Burr Inhofe Rockefeller Cantwell Isakson Rubio Blumenthal Graham Nelson Alexander Flake Moran Cardin Johanns Sanders Blunt Hagan Portman Ayotte Franken Murkowski Carper Johnson (SD) Schatz Boozman Harkin Pryor Baldwin Gillibrand Murphy Casey Johnson (WI) Schumer Boxer Heinrich Reed Barrasso Graham Murray Chambliss Kaine Scott Brown Heitkamp Reid Burr Hirono Baucus Grassley Nelson Coats King Sessions Risch Cantwell Hoeven Begich Hagan Paul Coburn Kirk Shaheen Rockefeller Cardin Isakson Bennet Harkin Portman Cochran Klobuchar Shelby Sanders Blumenthal Hatch Pryor Collins Landrieu Stabenow Carper Johanns Casey Johnson (SD) Schatz Blunt Heinrich Reed Coons Leahy Tester Schumer Boozman Heitkamp Reid Chambliss Johnson (WI) Corker Lee Thune Sessions Boxer Heller Risch Coats Kaine Cornyn Levin Toomey Shelby Brown Hirono Roberts Cochran King Cruz Manchin Udall (CO) Stabenow Burr Inhofe Rockefeller Collins Klobuchar Donnelly McCain Udall (NM) Thune Cantwell Isakson Rubio Durbin McCaskill Vitter Coons Landrieu Udall (CO) Cardin Johanns Sanders Enzi McConnell Warner Corker Leahy Udall (NM) Carper Johnson (SD) Schatz Feinstein Menendez Whitehouse Crapo Levin Warner Casey Johnson (WI) Schumer Fischer Merkley Wicker Donnelly Manchin Chambliss Kaine Scott Flake Mikulski Wyden Durbin McCain Whitehouse Coats King Sessions Enzi McCaskill Wicker NOT VOTING—4 Coburn Kirk Shaheen NAYS—23 Cochran Klobuchar Shelby Cowan Lautenberg Collins Landrieu Stabenow Crapo Warren Ayotte Inhofe Rubio Coons Leahy Tester Baucus Kirk Scott Corker Lee Thune The nomination was confirmed. Coburn Lee Shaheen Cornyn Levin Toomey The PRESIDING OFFICER. Under Cornyn McConnell Tester Crapo Manchin Udall (CO) the previous order, the motions to re- Cruz Merkley Toomey Grassley Murkowski Cruz McCain Udall (NM) consider are considered made and laid Vitter Donnelly McCaskill Vitter Hatch Paul Wyden Durbin McConnell Warner upon the table, and the President will Heller Roberts Enzi Menendez Whitehouse be immediately notified of the Senate’s NOT VOTING—3 Feinstein Merkley Wicker action. Fischer Mikulski Wyden Cowan Lautenberg Warren f NOT VOTING—4 The motion was agreed to. Cowan Lautenberg LEGISLATIVE SESSION CHANGE OF VOTE Hoeven Warren The PRESIDING OFFICER. The Sen- Mr. PAUL. On rollcall vote No. 110, I The nomination was confirmed. ate will resume legislative session. voted ‘‘aye.’’ It was my intention to The PRESIDING OFFICER. Under The majority leader is recognized. vote ‘‘nay.’’ Therefore, I ask unani- the previous order, there is now 2 min- Mr. REID. Madam President, I ask mous consent that I be permitted to utes, equally divided, prior to a vote on unanimous consent that the next vote change my vote since it will not affect the Burwell nomination. be 10 minutes in duration. the outcome.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2926 CONGRESSIONAL RECORD — SENATE April 24, 2013 The PRESIDING OFFICER. Is there fied by the State under subparagraph (A) to (c) SMALL SELLER EXCEPTION.—A State is objection? Without objection, it is so which the authority of this Act shall not authorized to require a remote seller to col- ordered. apply; and lect sales and use taxes under this Act only (The foregoing tally has been (2) implements each of the following min- if the remote seller has gross annual receipts imum simplification requirements: in total remote sales in the United States in changed to reflect the above order.) (A) Provide— the preceding calendar year exceeding VOTE EXPLANATION (i) a single entity within the State respon- $1,000,000. For purposes of determining ∑ Mr. COWAN. Madam President, I was sible for all State and local sales and use tax whether the threshold in this section is met, necessarily absent from votes during administration, return processing, and au- the gross annual receipts from remote sales today’s session. Had I been present for dits for remote sales sourced to the State; of 2 or more persons shall be aggregated if— the votes, I would have supported the (ii) a single audit of a remote seller for all (1) such persons are related to the remote seller within the meaning of subsections (b) nominations of Jane Kelly, of Iowa, to State and local taxing jurisdictions within that State; and and (c) of section 267 or section 707(b)(1) of be United States Circuit Judge for the (iii) a single sales and use tax return to be the Internal Revenue Code of 1986; or Eighth Circuit and Sylvia Mathews used by remote sellers to be filed with the (2) such persons have 1 or more ownership Burwell, of West Virginia, to be Direc- single entity responsible for tax administra- relationships and such relationships were de- tor of the Office of Management and tion. signed with a principal purpose of avoiding Budget. I would have also supported A State may not require a remote seller to the application of these rules. the motion to proceed to S. 743, the file sales and use tax returns any more fre- SEC. 3. LIMITATIONS. Marketplace Fairness Act.∑ quently than returns are required for non- (a) IN GENERAL.—Nothing in this Act shall remote sellers or impose requirements on re- be construed as— f mote sellers that the State does not impose (1) subjecting a seller or any other person MARKETPLACE FAIRNESS ACT OF on nonremote sellers with respect to the col- to franchise, income, occupation, or any 2013 lection of sales and use taxes under this Act. other type of taxes, other than sales and use No local jurisdiction may require a remote taxes; The PRESIDING OFFICER. The seller to submit a sales and use tax return or (2) affecting the application of such taxes; clerk will report the bill. to collect sales and use taxes other than as or The legislative clerk read as follows: provided by this paragraph. (3) enlarging or reducing State authority A bill (S. 743) to restore States’ sovereign (B) Provide a uniform sales and use tax to impose such taxes. (b) NO EFFECT ON NEXUS.—This Act shall rights to enforce State and local sales and base among the State and the local taxing not be construed to create any nexus or alter use tax laws, and for other purposes. jurisdictions within the State pursuant to paragraph (1). the standards for determining nexus between The PRESIDING OFFICER. The ma- (C) Source all remote sales in compliance a person and a State or locality. jority leader. with the sourcing definition set forth in sec- (c) NO EFFECT ON SELLER CHOICE.—Nothing AMENDMENT NO. 741 tion 4(7). in this Act shall be construed to deny the Mr. REID. Madam President, on be- (D) Provide— ability of a remote seller to deploy and uti- lize a certified software provider of the sell- half of Senators Enzi, Durbin, and oth- (i) information indicating the taxability of products and services along with any product er’s choice. ers, I have an amendment at the desk and service exemptions from sales and use (d) LICENSING AND REGULATORY REQUIRE- and I ask the clerk to report. tax in the State and a rates and boundary MENTS.—Nothing in this Act shall be con- The PRESIDING OFFICER. The database; strued as permitting or prohibiting a State clerk will report the amendment. (ii) software free of charge for remote sell- from— The legislative clerk read as follows: ers that calculates sales and use taxes due on (1) licensing or regulating any person; each transaction at the time the transaction (2) requiring any person to qualify to The Senator from Nevada [Mr. REID], for is completed, that files sales and use tax re- transact intrastate business; Mr. ENZI, Mr. DURBIN, Mr. ALEXANDER, and turns, and that is updated to reflect rate (3) subjecting any person to State or local Ms. HEITKAMP, proposes an amendment num- taxes not related to the sale of products or bered 741. changes as described in subparagraph (H); and services; or The amendment is as follows: (iii) certification procedures for persons to (4) exercising authority over matters of Beginning on page 2, line 10, strike ‘‘if the be approved as certified software providers. interstate commerce. Streamlined’’ and all that follows through For purposes of clause (iii), the software pro- (e) NO NEW TAXES.—Nothing in this Act page 11, line 5, and insert the following: vided by certified software providers shall be shall be construed as encouraging a State to if any changes to the Streamlined Sales and capable of calculating and filing sales and impose sales and use taxes on any products Use Tax Agreement made after the date of use taxes in all States qualified under this or services not subject to taxation prior to the enactment of this Act are not in conflict Act. the date of the enactment of this Act. with the minimum simplification require- (E) Relieve remote sellers from liability to (f) NO EFFECT ON INTRASTATE SALES.—The ments in subsection (b)(2). A State may exer- the State or locality for the incorrect collec- provisions of this Act shall apply only to re- cise authority under this Act beginning 180 tion, remittance, or noncollection of sales mote sales and shall not apply to intrastate days after the State publishes notice of the and use taxes, including any penalties or in- sales or intrastate sourcing rules. States State’s intent to exercise the authority terest, if the liability is the result of an granted authority under section 2(a) shall under this Act, but no earlier than the first error or omission made by a certified soft- comply with all intrastate provisions of the day of the calendar quarter that is at least ware provider. Streamlined Sales and Use Tax Agreement. 180 days after the date of the enactment of (F) Relieve certified software providers (g) NO EFFECT ON MOBILE TELECOMMUNI- this Act. from liability to the State or locality for the CATIONS SOURCING ACT.—Nothing in this Act (b) ALTERNATIVE.—A State that is not a incorrect collection, remittance, or non- shall be construed as altering in any manner Member State under the Streamlined Sales collection of sales and use taxes, including or preempting the Mobile Telecommuni- and Use Tax Agreement is authorized not- any penalties or interest, if the liability is cations Sourcing Act (4 U.S.C. 116–126). withstanding any other provision of law to the result of misleading or inaccurate infor- SEC. 4. DEFINITIONS AND SPECIAL RULES. require all sellers not qualifying for the mation provided by a remote seller. In this Act: small seller exception described in sub- (G) Relieve remote sellers and certified (1) CERTIFIED SOFTWARE PROVIDER.—The section (c) to collect and remit sales and use software providers from liability to the term ‘‘certified software provider’’ means a taxes with respect to remote sales sourced to State or locality for incorrect collection, re- person that— that State, but only if the State adopts and mittance, or noncollection of sales and use (A) provides software to remote sellers to implements the minimum simplification re- taxes, including any penalties or interest, if facilitate State and local sales and use tax quirements in paragraph (2). Such authority the liability is the result of incorrect infor- compliance pursuant to section 2(b)(2)(D)(ii); shall commence beginning no earlier than mation or software provided by the State. and the first day of the calendar quarter that is (H) Provide remote sellers and certified (B) is certified by a State to so provide at least 6 months after the date that the software providers with 90 days notice of a such software. State— rate change by the State or any locality in (2) LOCALITY; LOCAL.—The terms ‘‘locality’’ (1) enacts legislation to exercise the au- the State and update the information de- and ‘‘local’’ refer to any political subdivision thority granted by this Act— scribed in subparagraph (D)(i) accordingly of a State. (A) specifying the tax or taxes to which and relieve any remote seller or certified (3) MEMBER STATE.—The term ‘‘Member such authority and the minimum simplifica- software provider from liability for col- State’’— tion requirements in paragraph (2) shall lecting sales and use taxes at the imme- (A) means a Member State as that term is apply; and diately preceding effective rate during the used under the Streamlined Sales and Use (B) specifying the products and services 90-day notice period if the required notice is Tax Agreement as in effect on the date of the otherwise subject to the tax or taxes identi- not provided. enactment of this Act; and

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2927 (B) does not include any associate member Mr. REID. Madam President, I now skills our employers need. Getting a under the Streamlined Sales and Use Tax ask unanimous consent that Senator job is a two-way street. Both Hoosier Agreement. DONNELLY be recognized for up to 20 companies and Hoosier workers have (4) PERSON.—The term ‘‘person’’ means an individual, trust, estate, fiduciary, partner- minutes to give his maiden speech, and responsibilities. We can’t expect a good ship, corporation, limited liability company, he will proceed as in morning business. job and good pay if we don’t bring some or other legal entity, and a State or local Following his speech, I ask unanimous skills to the table. government. consent that Senator DURBIN, the man- I heard from a welding trainer in (5) REMOTE SALE.—The term ‘‘remote sale’’ ager of the bill, be recognized. Gary, IN, from an IT company in means a sale into a State, as determined The PRESIDING OFFICER. Without Noblesville, and from rural health care under the sourcing rules under paragraph (7), objection, it is so ordered. providers in Terre Haute, IN, and the in which the seller would not legally be re- The Senator from Indiana. quired to pay, collect, or remit State or local message was the same, and it resonates AN OPPORTUNITY AGENDA sales and use taxes unless provided by this across the board and across the State: Act. Mr. DONNELLY. Madam President, Employers need more skilled workers. (6) REMOTE SELLER.—The term ‘‘remote one of the best parts about this job is Good skills equal good jobs. seller’’ means a person that makes remote getting the chance to talk to Hoosiers That is why I helped introduce the sales in the State. here in Washington, back home in Indi- bipartisan AMERICA Works Act, which (7) SOURCED.—For purposes of a State ana, and, on those special occasions, a modifies Federal training programs to granted authority under section 2(b), the lo- chance to see our Hoosiers when they place a priority on those programs and cation to which a remote sale is sourced re- are serving our country overseas. fers to the location where the product or those certifications demanded by to- service sold is received by the purchaser, When I was visiting our servicemem- day’s businesses and today’s industries. based on the location indicated by instruc- bers in Afghanistan in Khost Province The improvements in this bill are a tions for delivery that the purchaser fur- in July 2009, I asked our Indiana Na- benefit for both workers and employ- nishes to the seller. When no delivery loca- tional Guard members if there was one ers. Workers would know the time they tion is specified, the remote sale is sourced thing I could do for them, what would to the customer’s address that is either spend training is more likely to lead to that be? I expected them to tell me a good job. For employers, they will be known to the seller or, if not known, ob- about safety vests or about new trucks. tained by the seller during the consumma- more likely to hire people they know tion of the transaction, including the address They said, JOE, we have this handled have the training they need to be pro- of the customer’s payment instrument if no here. What we need more than any- ductive the moment they walk in the other address is available. If an address is thing is a chance to have a job when we door. get home. We owe our servicemembers unknown and a billing address cannot be ob- We also have to make sure our busi- tained, the remote sale is sourced to the ad- that opportunity. nesses do not get overwhelmed by regu- dress of the seller from which the remote From Hoosiers serving our Nation in lations. In Fort Wayne I heard about sale was made. A State granted authority Afghanistan and around the world to businesses dealing with too many regu- under section 2(a) shall comply with the the communities of Vincennes and sourcing provisions of the Streamlined Sales lations that don’t make any sense for Madison and Plymouth and Gary, the and Use Tax Agreement. their particular industry. It is time to message is the same everywhere. It is (8) STATE.—The term ‘‘State’’ means each get rid of the bureaucratic mess and to about jobs, and the chance to go to of the several States, the District of Colum- keep what works. Regulations should bia, the Commonwealth of Puerto Rico, work and take care of your family. So be like the umpire on the field: Make Guam, American Samoa, the United States how do we take the Hoosier common- sure everyone is playing by the rules, Virgin Islands, the Commonwealth of the sense approach, focus on jobs and cre- make sure the rules are common sense, Northern Mariana Islands, and any other ter- ate the conditions needed for our peo- ritory or possession of the United States, and then stay in the background. Regu- ple and our businesses to succeed? and any tribal organization (as defined in lations should protect the health and section 4 of the Indian Self-Determination I propose an opportunity agenda. Government doesn’t create jobs; busi- safety of our families and our workers and Education Assistance Act (25 U.S.C. while not creating unnecessary burdens 450b)). nesses create jobs. So let’s create the for our business owners. CLOTURE MOTION opportunities, help put the conditions Further, the regulatory system Mr. REID. I have a cloture motion at in place for our businesses in Indiana should give businesses the certainty the desk. and around the country to be able to The PRESIDING OFFICER. The clo- create more jobs, put the programs in they need to plan for the future and ture motion having been presented place for all of the American people to the ability to compete with anyone under rule XXII, the Chair directs the be ready to hit the ground running on anywhere in the world. clerk to read the motion. day one. Because if we don’t have a job, We need to go all-in on American en- The legislative clerk read as follows: nothing else works. We can talk about ergy. This helps our businesses, helps CLOTURE MOTION health care, we can talk about climate our families, and helps national secu- We, the undersigned Senators, in accord- change, we can talk about any other rity. I was in Lawrenceburg, IN, a ance with the provisions of rule XXII of the issue, but if we don’t have the chance beautiful town right along the Ohio Standing Rules of the Senate, hereby move to go to work and earn a living and River. When I was there, I heard of one to bring to a close debate on S. 743, a bill to take care of our family, nothing else of the companies located there, a restore States’ sovereign rights to enforce trucking company, that is trying to State and local sales and use tax laws, and works. for other purposes. That is why earlier this month I con- turn their fleet into a natural gas fleet. Harry Reid, Richard J. Durbin, Heidi ducted a series of roundtable meetings They are interested in making that Heitkamp, Martin Heinrich, Amy Klo- in eight different Hoosier communities transition, but the front-end costs are buchar, Al Franken, Sherrod Brown, trying to get ideas from Hoosier busi- high and the infrastructure isn’t in Brian Schatz, Benjamin L. Cardin, nesses, community leaders, and edu- place yet. So developing American en- Angus S. King, Jr., Richard cators, asking one simple question: ergy sources makes sense for American Blumenthal, Sheldon Whitehouse, John How can we help our entrepreneurs, our business, makes sense for our families, D. Rockefeller IV, Joe Manchin III, and makes sense for national security. Thomas R. Carper, Tom Harkin, Pat- small business owners, the men and rick J. Leahy. women who go to work every day, how Let’s keep more of our hard-earned dollars in Indiana—or in Wisconsin, the Mr. REID. I ask unanimous consent can we help them create more jobs? So that the reading of the names be in creating an opportunity agenda home State of the Presiding Officer— waived. built on Hoosier common sense, I heard by investing in homegrown energy in- The PRESIDING OFFICER. Without loudly and clearly: The place to start is cluding solar, coal, wind, oil, natural objection, it is so ordered. with education and with training. gas, biodiesel, ethanol, nuclear. Mr. REID. I now ask unanimous con- In every community I went to, I We are blessed with an abundance of sent that the mandatory quorum under heard about the skills gap: jobs that energy right here in America. It makes rule XXII be waived. are currently going unfilled—opportu- us stronger, creates jobs, reduces our The PRESIDING OFFICER. Without nities that are there for the taking but debt, and gives us a chance to make objection, it is so ordered. we have to have workers who have the our Nation safer.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2928 CONGRESSIONAL RECORD — SENATE April 24, 2013 I support projects such as the Key- The people of Indiana expect their we will at least give an opportunity for stone Pipeline because it creates jobs, leaders to put Hoosier common sense debate and a vote. puts people to work, and has signifi- ahead of partisanship. We expect our We want to finish this bill this week. cant bipartisan support. That is an ex- Senators not to be the loudest people We are going to stay until we finish it, ample of a commonsense investment in in the building but the hardest working so the sooner Members get serious domestic energy that both sides of the people in the building, and in my case about their amendments the more like- aisle can support. to make my job about making sure I ly it is we will be able to leave this These are just a few of the ideas I am looking out for their jobs. week. have gotten from people who are cre- I am honored to be here in this So that is the state of play on S. 743. ating jobs, running businesses, meeting Chamber working every day—not be- I have spoken to the substance of payroll, employing our neighbors, and cause I work for anybody here; I work this bill several times, but I see some growing our businesses all across Indi- for everyone back home. That is my Members on the floor seeking recogni- ana. mission, that is my job, and I am in- tion. At this point I yield. There is a whole lot more wisdom in credibly privileged to do that. The PRESIDING OFFICER. The Sen- Washington, IN, than there is in Wash- God bless Indiana. God bless the ator from Iowa. (The remarks of Mr. HARKIN and Mr. ington, DC. A big reason for this is be- United States. cause Hoosiers, as many Americans, Madam President, I yield back. SANDERS pertaining to the introduction are focused on just getting things done, The PRESIDING OFFICER. The Sen- of S. Con. Res. 15 are printed in today’s working together. It is not about par- ator from Illinois. RECORD under ‘‘Submitted Resolu- tisanship, and it is not about politics. Mr. DURBIN. Madam President, let tions.’’) In Indiana it is about common sense me congratulate my colleague from my The PRESIDING OFFICER. The Sen- and trying to solve the problem. It is neighboring State of Indiana, Senator ator from Illinois. Mr. DURBIN. Madam President, be- about an opportunity agenda that cre- DONNELLY, on his first speech on the fore I yield the floor to the Senator ates jobs for hard-working people and a floor of the Senate. I can tell you, as a from Arkansas, I would like to again good life for their families. That is downstater in Illinois, I can identify make the point I made earlier. what it is all about. with so many things he said about his Here is what I am about: taking the Pending before the Senate is S. 743. State and his pride in his State and his This is the Marketplace Fairness Act best ideas from both parties, both sides feelings about his responsibility as the of this Chamber, and getting things cosponsored by myself, Senator ENZI, new Senator from the Hoosier State. Senator HEITKAMP, Senator ALEX- done—starting with jobs. As Hoosiers, I thank him so much for that com- ANDER, and others. This matter is now we do not care if you are a Democrat; ment and look forward to working with we do not care if you are a Republican; pending before the Senate, and we are him for many years to come as we rep- asking all Members with amendments we care if you are ready to go to work resent adjoining States. on what matters most. to please bring them to the floor. I AMENDMENT NO. 745 TO AMENDMENT NO. 741 We make decisions based on what is know the Senator from Arkansas has Madam President, I have an amend- best for our families. We take pride in heard that call, and that is why he is ment at the desk and ask that it be making the checkbook balance and here. We want to move this forward called up. making tough choices necessary to and have an active debate on this issue. The PRESIDING OFFICER. The make that possible. We expect the We are asking our colleagues not to clerk will report the amendment. same from our government. Keep taxes put it off. If we want to wrap this up in The assistant legislative clerk read low, cut waste, and do not throw more a timely fashion, we need their co- as follows: money at the problem. Just try to operation. So I urge all offices, if you solve the problem. The Senator from Illinois [Mr. DURBIN] have an amendment, please come to Hoosiers are hard working. We do not proposes an amendment numbered 745 to the floor and discuss it with Senator amendment No. 741. want a free lunch; all we want is a fair ENZI and me. shake. We believe respect is earned Mr. DURBIN. Madam President, I ask I yield the floor. through the sweat and the hard work unanimous consent that reading of the The PRESIDING OFFICER. The Sen- we put in every single day. We do not amendment be dispensed with. ator from Arkansas. expect to receive anything we have not The PRESIDING OFFICER. Without Mr. PRYOR. I wish to talk about earned. objection, it is so ordered. amendment No. 740, which is an amend- Hoosier common sense tells us that The amendment is as follows: ment I am offering with the Senator our families are all better off when we At the end, add the following: from Missouri, Mr. BLUNT. We under- have stronger communities and more This Act shall become effective 1 day after stand there will be an objection to this. enactment. opportunities for businesses and work- I will not ask unanimous consent to ers. We take care of our brothers and Mr. DURBIN. Madam President, I call it up at this moment. Hopefully, sisters in need, not with a handout but would like to explain where we stand one of our colleagues will arrive in a by providing them with the oppor- on the pending legislation. This is a minute to do that. tunity to work hard and to build a bet- bill which has been introduced by Sen- Let me say first that I am for the ter life. ators ENZI, ALEXANDER, HEITKAMP, and Marketplace Fairness Act. I am a co- We have a proud tradition of Sen- myself. It is S. 743. Pending now on this sponsor. I believe it is the right thing ators from Indiana who have embodied bill is the managers’ amendment, to do. It is an issue I have been work- these principles of Hoosier common which we have crafted, and a second- ing on since my time more than 10 sense: from Senator Lugar’s decades of degree amendment, which is a slight years ago in the attorney general’s of- leadership in matters of commonsense technical change. fice in the State of Arkansas when we foreign policy, his leadership in saving The reason we are at this stage is be- were trying to set up a multistate com- over 100,000 Hoosier auto jobs, and his cause we are looking for colleagues to pact about how to collect sales tax on constant efforts on behalf of Indiana’s come forward if they have amendments the Internet. This is taxes on Internet farmers, from Lake Michigan to the to this bill. We would like to entertain sales on the Internet. Ohio River; to Senator Birch Bayh’s those amendments. We hope they are What I am talking about today, the tireless efforts to expanding voting germane and relevant amendments and Pryor-Blunt amendment, is different. rights and equality for women through not far afield from the important sub- We are talking about amendment No. his efforts on title IX; to Senator and ject matter before us. But I made this 740, which is sometimes confused with Vice President Dan Quayle’s bipartisan announcement yesterday, again this it, but basically amendment No. 740 efforts to pass job training legislation; morning, and I make it now: Any Mem- deals with the Internet Tax Freedom to Senator Evan Bayh flexing his inde- ber of the Senate who is interested in Act—sometimes called ITFA, of all pendence and his passion to get our fis- amending the bill, please come to the things—but nonetheless, basically it cal house in order; and to my current floor with your amendment. Senator does just a few things. colleague, Senator DAN COATS, in his ENZI and I will be happy to work with First, it makes it clear that online efforts to keep our Nation safe. you if we can accept it. If we cannot, retailers will not begin to have to pay

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2929 additional tax just for doing business Marketplace Fairness Act by extending So what is being offered by the Sen- online. So the way this works is that current law to ensure without any ators from Arkansas and Missouri, on right now States and cities, counties, question that this is not about taxing behalf of Internet users all over the et cetera, are prohibited from taxing the Internet. United States to protect them from Internet service. We are not talking In fact, this amendment would ex- being taxed on this measure, is over about sales tax, we are talking about tend for a decade the almost 15-year and above anything in this bill but is Internet service, the Internet service prohibition on taxing the Internet, the consistent with policy we have lived itself. This is a moratorium that has one that goes back to 1998. with for 15 years, if I am not mistaken. been around for a long time. Amend- So I support the Marketplace Fair- I think the Senator from Missouri ment No. 740 is the amendment that ness Act. I believe this bill would be mentioned it was 15 years. From my would extend this for 10 years. even better if it clarified for the next point of view, this is a friendly amend- This is a clean extension. Basically, decade that we continue to maintain ment, it is an amendment which is there are some States that have been the view the Congress and the Federal good for America, it protects our ac- grandfathered under the current mora- Government has had on the Internet cess to the Internet, and it does not torium. They will continue to be since the Internet first emerged as an jeopardize—does not jeopardize—the grandfathered. We do not cover things avenue of commerce and would not underlying legislation. such as voice, audio, video. That is a allow for the taxing of the Internet and In fact, if I am not mistaken, the two separate issue. We are talking about prevents those taxes from being col- sponsors are cosponsors or at least just the Internet itself. lected. have supported the underlying Market- This also does not have any negative I yield for my friend from Arkansas. place Fairness Act. impact on the Universal Service Fund, The PRESIDING OFFICER. The Sen- I thank the Senator from Arkansas 9–1-1, e911, and other fees like those. ator from Illinois. for yielding for those questions. Those are separate. We have crafted Mr. DURBIN. Madam President, I Mr. PRYOR. I see my colleague from this very carefully to do just a straight wish to ask the Senator from Arkansas Oregon is here, and he has a long his- and clean 10-year extension. if he would yield for a question through tory with this legislation and other We understand there will be an objec- the Chair. legislation similar to it. Let me make tion to this. Before we hear that objec- Mr. PRYOR. Be glad to, Madam one final point before I try to set aside tion, I yield the floor for my colleague President. the current amendment and bring up Mr. DURBIN. Madam President, from Missouri. 740 to make it pending. pending before us is S. 743, the Market- My final point is this: The Internet The PRESIDING OFFICER. The Sen- place Fairness Act, and this legislation has been an amazing success story. It ator from Missouri. is unbelievable how successful it has Mr. BLUNT. Let me quickly yield to would require Internet retailers selling been, how diverse, and how robust. But my friend from Oklahoma for a unani- into States with sales taxes to collect we think of it as ubiquitous. The truth mous consent request. the sales tax. The Senator from Arkan- is, it is not. In the United States, 80 The PRESIDING OFFICER. The Sen- sas and the Senator from Missouri have percent of American households have ator from Oklahoma. offered a different piece of legislation Mr. INHOFE. I ask that at the con- relating to the Internet. I would like to access to the Internet, but only 65 per- cent take it. So only 65 percent of peo- clusion of the remarks by the Senators ask the Senator from Arkansas if he ple in this country actually utilize the from Arkansas and Missouri, that I be would please clarify a few things. First, is there any tax imposed by Internet and take Internet service. recognized as if in morning business. I am afraid if we do add a tax, if the The PRESIDING OFFICER. Without this Marketplace Fairness Act on the State and local governments add a tax, objection, it is so ordered. use of the Internet? Mr. PRYOR. No, there is no tax in it will make it less affordable. A lot of The Senator from Missouri. people do not take Internet service be- Mr. BLUNT. As my good friend from this amendment. Amendment 740, in cause they cannot afford it. So I am Arkansas said and for the benefit of the fact, extends the moratorium on taxing afraid if we allow State and local gov- Senator from Oregon, we haven’t made the Internet. Mr. DURBIN. I am asking before ernments to tax access to the Inter- a request yet for this amendment to be your amendment is adopted. The un- net—tax the service itself—then we moved to the front of the line to be de- derlying bill has no tax on access to will see that effort hurt even more. bated, but we are here to say that we the Internet. I ask unanimous consent to set aside would like to have this amendment on Mr. PRYOR. That is correct. the pending amendment and call up this bill. We are both supporters of the Mr. DURBIN. So the Senator is sug- amendment No. 740 to make it pending. Marketplace Fairness Act for reasons gesting the extension of protecting The PRESIDING OFFICER (Mr. that I hope we have well established, America’s right to access the Internet HEINRICH). Is there objection? and I think people, including Members from being taxed; is that correct? Mr. WYDEN. Reserving the right to of the Senate, are beginning to under- Mr. PRYOR. That is correct. object. stand that it is a fairness principle. Mr. DURBIN. So for those who would The PRESIDING OFFICER. The Sen- But what this amendment does, rec- come to the floor and argue somehow ator from Oregon. ognizing the importance of online com- this bill is going to inhibit or restrain Mr. WYDEN. Mr. President, I do this merce, that it has grown dramatically Americans in the use of the Internet, it to have a colloquy with my friend from since 1998 when this amendment first does not, and the Pryor-Blunt amend- Arkansas. I want him to understand became part of the law, the Internet ment, which is being offered, extends that I have stayed off the floor of this Tax Freedom Act—and in 1988, it said for 10 years this prohibition against body for well over 1 day for the sole that you wouldn’t tax the Internet taxing access to the Internet. purpose of trying to see if we can bring itself for use of the Internet. Unless we I ask the Senator from Arkansas: both sides together on this issue. I act, this law will expire in 2014. This The last time this was considered, does think that is important, and I have al- would be a 10-year extension that the Senator know when and what the ready acknowledged I am willing to would simply say that we would con- disposition of that matter was? look at how we could bring both sides tinue to ensure that people’s access to Mr. PRYOR. I am not familiar with together, recognizing the Quill deci- Internet services is tax free. the history of that. Would the Senator sion. To be clear, the underlying bill we from Illinois know that? As I have already said, I have looked are considering, the Marketplace Fair- Mr. DURBIN. My impression—and I at compacts between States and things ness Act, doesn’t create a new tax. It could be mistaken—is it was adopted of this nature, and I have made re- doesn’t tax consumers’ use of the Inter- by voice vote. The amendment the Sen- peated offers to the advocates of this net, and Senator PRYOR and I both ator is offering giving a 7-year protec- bill, offering specifics on paper, and es- would oppose taxing use of the Internet tion against taxes for using the Inter- sentially nothing is offered in return at this point. But this simply adds to net was adopted by voice vote. It was other than: We have the votes and we the fair tax collection processes that clearly unanimous—at least there were are going to coerce you, as Oregonians, will be available to States under the no objections—on a bipartisan basis. to go along with this.

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I think we are going to say in Washington, DC, question: If you are Nike and you are the Senator knows I authored the we believe in States rights if we think located in Oregon and you decide to do Internet tax freedom bill in the Senate the State is right and they are going to Internet sales—which I believe they back in 1998, and I did it because I go along with the approach we have do—but you also decide to have Nike thought it was important to have the dictated. shops available—and we have seen defense shield against potentially In my part of the world, to show the them in malls—what is the law going thousands of taxing jurisdictions sin- irony of this situation, Washington to be? You know what the law is going gling out the Internet for these kinds State has a sales tax. Oregon does not to be if you are Nike and you want to of taxes. Regrettably, the underlying have a sales tax. There are differential come and open a shop in a mall near bill is going to be a targeted strike on tax considerations in both jurisdic- Chicago—you play by the rules of Chi- the Internet. It is not going to be a de- tions, and we often make agreements cago and Illinois. fense shield. It would, as it stands in terms of how we do business. So we If we require certain filings with our today, serve as an amendment that have shown it is possible to deal with government, if we require you pay cer- would undercut what we sought to do this issue, and I want my colleague tain property taxes, if we require you back in 1998. from Arkansas and my friend from Illi- collect certain sales taxes—rules of the As the original author here, I am nois to know I am willing to set aside road: If you want to do business in Illi- looking forward to working with the absolutely everything and work around nois, you play by Illinois rules. The Senator under any circumstance to re- the clock to see if we can find some same thing holds true if I want to open authorize a law that I think has common ground, with my theory being a business in Oregon; I play by Oregon worked. All the law says is you have to it is hard to say it is a States rights ap- rules. do offline what you do online. If we boil proach if a State is unable to have any Now the question: If you don’t phys- it down, it is a nondiscrimination law. element in the process with respect to ically locate in Illinois but sell into Il- This comes up the next year, and the its own judgment, its voluntary judg- linois, do you still have to play by Illi- Commerce and Finance Committees ment, about what it wants to do. nois rules? That is what this bill says. both have interests in this. We have al- So I object at this time. That is not coercion. ways worked cooperatively in these The PRESIDING OFFICER. Objec- Nike can decide they don’t want to areas. I remember our experience to- tion is heard. sell in Illinois because they don’t want gether on nanotechnology. The Senator from Illinois. to collect the sales tax in Illinois. That So I just have to say I am going to Mr. DURBIN. Mr. President, I am dis- is their business decision. Let it be. have to object at this time, but I am appointed. I am disappointed because I But if they want to come and use the very interested in working with my know this was a good-faith effort on customers of Illinois to make a profit, colleague, with Senator DURBIN, and behalf of the Senators from Arkansas all we are saying to them is: Collect Senator BLUNT, who was just here, to and Missouri to make certain Ameri- the sales tax. Why? Because their com- come up with an arrangement that cans across the board wouldn’t have to petitors in Illinois—the families who goes to the heart of this question; that pay a tax to use the Internet. That has have opened the shops and the stores— is, should States such as Oregon be co- been policy for 15 years. We just had an are collecting sales tax every day from erced, required to collect these online opportunity to extend it for 10 more their customers. They are finding peo- taxes for States that are thousands of years and there was an objection by ple who are showrooming, walking into miles away. The refrain throughout the Senator from Oregon. the running shoe store, trying on all this whole discussion has been this is a I know in his heart of hearts he the shoes, and saying, Just great, let States rights bill. didn’t want to object because I know me write something down here, see you I respect that, but what it translates his commitment to the Internet and later, and then going to the Internet into is folks say they are for States what a difference it has made in this and buying those shoes over the Inter- rights if they think the State is right country. Here is the problem he faces net without paying the sales tax. What and the State is willing to go along and the reason he objected, if I can try happens to the store they used to try with this particular approach that has to interpret what he just said. There on the shoes? Eventually, they lose come out of Washington, DC, which is are five States in America with no business and sometimes they go out of they would be coerced into collecting sales tax—five States. No State sales business. these sales taxes for jurisdictions from tax in Alaska, Oregon—the home State We are trying to level the playing thousands of miles away. In some of the Senator—Montana, New Hamp- field. No coercion. Oregon, make up cases—New Hampshire and other places shire, and Delaware. No sales tax. That your own laws for your own citizens have been making this point as well— means, because that State has decided and people who do business there. We it would be discriminatory because the there will be no sales tax, the people don’t change a word of it. But if you online sector would be subjected to re- living in that State who make a pur- want to do business in another State, quirements that were not required of chase at a store pay no sales tax—visi- we are asking that you collect the brick-and-mortar retailers. Again, this tors as well, no sales tax. Those who sales tax of that State. In fact, we pro- undermines our vision for the tech sec- buy things over the Internet in that vide the software free for you to do it. tor, which has been about bricks and State don’t pay a sales tax either. That I am sorry the Senator from Oregon clicks. We want both the brick-and- is the State’s decision. We don’t change objected to the Internet freedom bill mortar retailers and the online people that a bit. If this underlying bill offered by the Senators from Arkansas to do well. I know the Senator from Ar- passes, that will continue. and Missouri. It is a good one. It is one kansas agrees with that as well. There is no coercion—which the Sen- we would have liked to have seen part So I haven’t said anything on the ator from Oregon uses as his term—on of this discussion. I hope before this floor of this body on a matter my con- the State of Oregon to impose any conversation and debate end that we stituents feel very strongly about for sales tax on their citizens, on the peo- get a chance to reconsider. going on 2 days, until just now, solely ple buying in their State. It is their Mr. INHOFE. Mr. President, point of for purposes of working with my friend State right to decide. What this bill order. from Arkansas and the distinguished does impact is the Internet retailer in The PRESIDING OFFICER. The Sen- leader from Illinois, Senator DURBIN, Oregon selling products in the State of ator from Oklahoma. and I will continue to do that. But at Illinois. When Nike or Columbia sell Mr. INHOFE. Mr. President, by unan- the end of the day, States rights, to products in the State of Illinois, the imous consent, I was to be recognized some extent, has to have an element of Supreme Court told us Congress has to after the conclusion of the remarks of voluntariness. If States rights has no decide, if they sell a product in the the Senators from Missouri and Arkan- element of voluntary judgments by State of Illinois to an Illinois con- sas. I wish to ask when that would be, States, it is pretty hard to say a State sumer, do they have to collect the Illi- because this is going on and on. has any rights. The State truly is going nois sales tax. That is what the bill The PRESIDING OFFICER. The Sen- to be coerced when we have reached the says. That is all it says. ator from Oregon.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2931 Mr. WYDEN. Mr. President, I ask Mr. INHOFE. Mr. President, my good be devastating, to use his words. So unanimous consent to pose a question friend from Pennsylvania, Senator that is where we are right now. to my colleague from Oklahoma. TOOMEY, and I had an amendment that When the majority leader last night The PRESIDING OFFICER. Without we put forth several weeks ago back in introduced an amendment that would objection, it is so ordered. the time when we did not know for sure transfer the overseas contingency oper- Mr. WYDEN. Mr. President, if I whether sequestration was going to be- ations funds from the fiscal years of would be able to engage the Senator come a reality. We have some com- 2014, 2015, and 2016 to offset the seques- from Oklahoma, with his leave, I could ments to make about that. ter impacts in the current year, I think take about 5 minutes or so—no more— I will be yielding to the Senator from this is not implementable because he to respond to the points Senator DUR- Pennsylvania in a moment, but I first uses future appropriations to offset BIN has made. That would be the end of want to make an observation here, current year spending. It is also dan- my time, and I believe the Senator that anytime a bureaucracy is forced gerous to continue to hollow out our from Oklahoma would be next. to cut, they will find the one thing the military. The PRESIDING OFFICER. Is there people of America want most and that A couple days ago I talked about how objection? is what they will cut. There is no bet- we are comparable today in the hollow Mr. INHOFE. Mr. President, I do not ter example of this than the FAA. I force we are approaching to what we object to that, but I would ask the Sen- went around with them for quite some were in the 1970s and the 1990s. Now it ator from Arkansas if he has any objec- time on the pilots bill of rights last could actually be worse. In one of the tion to that. I want to be sure to get in summer. We were able to get some- hearings we had, one of the chiefs of the queue sometime here. thing done. But I know they are a very the military made the statement that Mr. WYDEN. Mr. President, very this would not be just as bad—it would briefly to respond to comments made powerful agency. There is no question be worse. by my friend from Illinois, this legisla- about that. To give you an example of that, the That is what we are faced with right tion has nothing to do with Nike. Nike FAA began furloughing traffic control- now. I think we need to look very care- of course is a very large company and lers—and others too—on April 21. This fully and make sure we do not allow has stores and trucks and a physical is what is interesting, and you have to our warfighters—every time you cut presence all over the United States. their money out of the OCO account, They pay taxes because of that phys- pay attention to this. The cuts that that increases risk. Increasing risk in- ical presence under the Quill decision. were going to come to the FAA creases lives lost. That is how serious So the comments by my colleague from through sequestration amounted to 5 Illinois are very unfortunate, because percent of the FAA’s budget to bring it this is. Now back to our amendment we put they misstate what this debate is all down to 2010 levels. The FAA operations budget has together some time ago. This was back about. This debate is about the little guy. grown by 109 percent since 1996. That before March 1, which was when the re- Later on this afternoon, Senator has more than doubled since 1996. alization appeared that sequestration MERKLEY and I are going to come to On April 22, the first day after fur- was going to be a reality, and it was the floor of the Senate and actually lough took effect, over 400 flights were this: If the whole purpose of sequestra- read accounts from small businesses cancelled and nearly 7,000 flights were tion is to save money out of the budg- here in our State. They are people who delayed. That, my good friends, is a et, and if you come along with some- don’t have a physical presence all over way of making people miserable to thing that says: We will live with the the country, and they are scratching bring them around to their way of top line that is dictated by sequestra- their heads this afternoon and they are thinking that somehow there is not tion but we would ask that the chiefs saying to themselves, How in the world enough fat in a bureaucracy that has of the services be allowed to make are we possibly going to be able to more than doubled in the last 15 years those decisions as to where the cuts comply with this, because in a difficult that they have to take these drastic would be. I had occasion to call all five economy, we are barely able to make steps. The FAA has the flexibility to service chiefs, and it has been re- ends meet. We are going to have to go reduce the costs, but they have not at- affirmed in the last 2 weeks by them in out and spend time and money and tempted to do that. public hearings that if they could take staff figuring out how to do this. As I said, very clearly, in 1996, the this top line that would be so dev- That is what this is about. Are we FAA’s operating budget was $4.6 bil- astating to their service—and this was going to take something like our cur- lion. In 2012, the operation budget was the Army, Navy, Marines, and Air rent policy—which is the defensive $9.7 billion. I don’t know off the top of Force. If they could determine where shield against discriminatory treat- my head of another bureaucracy that some of that was, would it be less dev- ment from these tech-based online has grown that much in that period of astating, No. 1? No. 2, would you be businesses—and turn it into a targeted time. The FAA operations budget has able to do it? The answer was yes and strike on them, which this legislation increased by $5.1 billion over 14 years. yes. does, or are we going to work together, That is 109 percent. I think the Senator from Pennsyl- which is what I have tried to do pretty The furloughs of the air traffic con- vania and I had a very good idea, and much nonstop since Monday, to see if trollers are expected to save only $200 we are here today to talk about that. we can find some kind of common million. I wish I had a chart here to With that, I yield for my friend from ground? Part of the challenge is we show you what a small percentage that Pennsylvania. have to get some equity even in terms $200 million is of the increase of $5.1 The PRESIDING OFFICER. The Sen- of the amendments, because it looks as billion over 14 years. I think it is very ator from Pennsylvania. though one side is getting to offer important that we talk about that in Mr. TOOMEY. Mr. President, I want theirs and another side may be fore- light of some of the things we are try- to thank the Senator from Oklahoma closed. ing to do with sequestration. That was for his leadership and work, and say a I am going to continue to try to the FAA. few words, and then I am going to reach out to colleagues on both sides of Unfortunately, it is our defense sys- make a unanimous consent request in this debate. But I appreciate very tem that has been taking all the hits. this regard—but first a little bit of con- much the courtesy of my friend from Here we have the defense at 18 percent text here. Oklahoma, because I had to clarify of the budget and they are taking 50 This Federal Government has dou- that this amendment is about the percent of the hits. This is after the bled in size in the last 12 years. Total small, innovation-oriented businesses President through his programs has spending is up 100 percent in a little that we think are the future and the knocked down spending levels by $487 over a decade. What the sequester center of this debate since it got going. billion over this 10-year period, and se- amounts to is 2.5 percent of this gigan- I thank my colleague from Oklahoma questration would be another $1⁄2 tril- tic bloated government. But it is actu- for his courtesy. lion—which in the mind and the state- ally less than that in a very meaning- The PRESIDING OFFICER. The Sen- ments of the Secretary of the Defense ful way, because the 2.5 percent we re- ator from Oklahoma. at that time, Secretary Panetta, would ferred to—the sequestration, this cut—

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2932 CONGRESSIONAL RECORD — SENATE April 24, 2013 is a reduction in the permission to budget, could be tightening belts so we places we can save. The fact is, espe- spend. We call it budget authority. don’t have to furlough air traffic con- cially in a government that has grown What it is is permission for the govern- trollers. this big, we absolutely can find the lit- ment to spend money. It actually takes For instance, the FAA spends $540 tle, tiny savings that are required in a while for the government to get million a year on consultants. That is the sequester so we do not have to do it around to spending the money that is nice. I am not sure all of that is as im- in a disruptive way. authorized in any given year. So the portant as keeping planes flying in the UNANIMOUS CONSENT REQUEST—S. 799 actual reduction in spending, the real air. The FAA operates a fleet of 46 air- That is why I ask unanimous consent reduction in cash that will go out the craft. That costs $143 million a year— that the Senate proceed to the imme- door in this fiscal year if the sequester very nice indeed. Probably not as im- diate consideration of S. 799. I ask goes into effect is a little over 1 per- portant as making sure planes are com- unanimous consent the bill be read a cent, about 1.25 percent. That is what ing and going from La Guardia and third time and passed, the motion to we are talking about. Kennedy and Newark and Philadelphia reconsider be considered made and laid Our friends on the other side of the and Pittsburgh and across the country. upon the table. aisle say, This is impossible; you can’t The FAA budget includes $1 billion The PRESIDING OFFICER. Is there do it; it will be devastating. They pre- more in grants for airport improve- objection? dicted all kinds of calamity if a gov- ments. I am a pilot. I fly in and out of Mr. DURBIN. Reserving the right to ernment that has grown by 100 percent lots of airports and it is great when a object. has to find 1 percent to trim over the nice little airport has a new taxiway, The PRESIDING OFFICER. The Sen- next 6 months. terrific, but is it truly as important as ator from Illinois. Here is another point we ought to keeping our air traffic controllers Mr. DURBIN. Mr. President, I lis- keep in mind. If the cuts and sequester there on the job? These are the kinds of tened to the Senator from Pennsyl- hold, if we achieve the savings that tradeoffs we ought to be making. vania. I have heard his arguments. I were signed into law, that were voted My Republican colleagues and I have know he is convinced of his arguments. on by both Chambers, and that the been offering a wide range of solutions. There are several things he did not President of the United States agreed Senator BLUNT had the idea that mention. The sequestration we are cur- to by virtue of his signature—if we do, maybe we ought to treat Federal work- rently going through was a bipartisan then total spending this year will still ers, in this context, the context of the decision. Both parties agreed to do it. be greater than last year. And we are sequestration, the same way we do in In fact, the leadership on the Repub- told that is somehow a Draconian aus- other emergencies and designate essen- lican side and the leadership on our terity program. tial workers. That makes some sense side voted for it. It was to be the out- What we are talking about is a mod- to me. I think that would make a lot of come if we did not reach an agreement est reduction in the rate at which this sense. JERRY MORAN has another idea on the budget, and we did not. So now Federal Government grows. That is all for how we could address this. we are in sequestration. we are talking about here. And we are Senator INHOFE and I introduced a When he suggests it is only 1 percent told that is not possible; there is no bill before the sequester went into ef- of government spending, I would add a way you can do it. fect. What we said was let’s give the couple of facts. We have exempted a That is simply not true. One of the President the maximum flexibility— long category of Federal spending so it things that is maddening to me is the right? The reason they say they have will not be subject to these cuts. For administration—and the President is to lay off or furlough air traffic con- example, we have said we will not cut responsible for this. They are willfully trollers is because they do not have the pay for our military 1 penny, so we choosing to make the cuts in the most any choice, the law requires it—except exempted that part. When we take all disruptive way they can, because they they did not want the change in the the exemptions out, it is not 1 percent have got so much invested in this idea law which would have given them the of our budget. For the agencies af- that we can’t cut any spending. Be- choice. Senator INHOFE and I had a bill fected, it is closer to 5 percent on an cause they predicted such dire con- that would give the administration annual basis. Since there are only 6 sequences and such disaster, they can’t complete flexibility. months left in the year, it turns out to very well allow reasonable and man- I say this because I pointed to a num- be closer to 10 percent that they have ageable cuts to take place which would ber of areas in the FAA’s budget where to cut to make the cuts for the remain- be easily attained. So we have this ex- I think they could find the savings, der of the year, so 1 percent does not tremely irresponsible set of cuts that avoid furloughing air traffic control- quite tell the whole story. are completely unnecessary. lers, but under the approach Senator Also, in terms of the number of peo- Let me zero in a little bit on the FAA INHOFE and I suggested, they would not ple working for the Federal Govern- budget itself. The sequester is in effect be limited to finding the savings within ment, the largest increase in Federal now. If it holds—if it is fully imple- the FAA budget; they could look any- employment in the last 10 years has mented—the FAA budget will, as a re- where in the government for the lowest been in the Department of Defense. sult, be larger than the President priority spending, the most wasteful Why would that be? Two wars, that is asked for in his budget submission. spending, the least necessary spending why. When they talk about the in- Does anybody think when the Presi- or perhaps redundancy and duplication. creased number of people working for dent submitted his budget request he I will give just another few examples. the Federal Government, don’t over- was intending to shut down air traffic The GAO has discovered that through- look the fact of the Department of De- control operations? I can assure you he out the Federal Government we have 47 fense effort and our effort to make sure didn’t tell us that at the time. different job training programs. Does the men and women in uniform were The fact is there are plenty of places anyone truly think we need 47 of these safe and came home safe. So when they where we can achieve this savings. The and that by consolidating them maybe talk about that increase, that is part of administration knew this day was com- we could save some overhead, some ad- it. ing for over 1 year. There has been ministrative costs? Maybe some of Here is what we have suggested. In- plenty of time to plan for this and to them don’t work so well. stead of just shifting the furniture prioritize. How about the fact that we have 94 around in the room, let us avoid what The Senator from Oklahoma points different green building programs—94 we are facing. We are facing the reality to the huge growth in the FAA’s budg- programs—679 renewable energy pro- of 6,800 flights a day in America being et. That is wildly disproportionate to grams. This is all over government be- delayed because air traffic controllers any growth in flights. There are plenty cause we have never bothered to scrub are being furloughed 1 out of every 10 of opportunities to achieve the savings, this and come up with the savings we days. We should avoid that—if not just as evidenced by the fact that the Presi- could have achieved. for convenience, certainly for safety. I dent never asked for all this money. Senator COBURN from Oklahoma has agree. Let me give a few examples of places offered all kinds of ideas, Senator LEE When it comes to cutting 70,000 chil- where the President, within the FAA from Utah. There are all kinds of dren, little kids, out of the Head Start

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2933 Program, let’s agree we should not be Mr. DURBIN. Mr. President, I just est 400 individuals in this country own doing that. We get one chance at those want to make one postscript. When more wealth than the bottom half of kids to have a good education and a PAUL RYAN, the Republican candidate America. Four hundred people have good life. Don’t blow it because of a se- for Vice President and the chairman of more wealth than the bottom 150 mil- questration problem. the House Republican Budget Com- lion Americans. Today, one family, the Shall we cut $1.8 billion out of the mittee, wrote his 2011 budget, he in- Walton family—owners of Walmart— National Institutes of Health medical cluded the very fund which the Senator own more wealth than the bottom 40 research money? $1.8 billion? No. This from Pennsylvania refers to as the Ca- percent of the American people; one Senator believes that is stupid—short- nadian invasion fund. So it was a good family has more wealth than the bot- sighted and stupid. If we don’t put idea when PAUL RYAN had to write a tom 40 percent. money into medical research, we are budget. It is a bad idea when we are Today—and this is truly a remark- not thinking. America leads the world trying to avoid the pain of sequestra- able fact which of course we do not in medical research. The sequestration tion. talk about too much—the top 1 percent should not put us further behind. The PRESIDING OFFICER. The Sen- of Americans own 38 percent of all fi- What I am going to make a unani- ator from Vermont. nancial wealth. Let’s guess what the mous consent request to do is use the Mr. SANDERS. Mr. President, I also bottom 60 percent of the American peo- overseas operations contingency ac- agree we should not invade Canada. I ple own. The top 1 percent own 38 per- count, an account set aside for future live right near there. It would be ter- cent of the wealth. The bottom 60 per- war which we will not need because rible. cent own 2.3 percent of the wealth in this President is bringing our troops What we are hearing and what we America. That is a rather remarkable home from Afghanistan as he did in have heard now for a number of months and disturbing fact. Iraq. is a discussion about deficit reduction, Today, as Warren Buffett has pointed I will object to the consent request of about how we proceed and how we ad- out, the 400 richest Americans are now the Senator from Pennsylvania and I dress the fact that this country has a worth a recordbreaking $1.7 trillion, will make my own after that. I object. $16.6 trillion national debt. That is a more than five times what we were The PRESIDING OFFICER. Objec- serious issue. worth just two decades ago. Mean- tion is heard. I think as we contemplate how we ad- while, according to a June 2012 study UNANIMOUS CONSENT REQUEST—S. 788 dress this issue, we have to put it into from the Federal Reserve, median net Mr. DURBIN. I ask unanimous con- a broader context as to what is going worth for middle-class families dropped sent the Senate proceed to consider- on in the United States. What is the by nearly 40 percent from 2007 to 2010. ation of Calendar No. 64, S. 788, a bill best way forward in terms of deficit re- That is the equivalent of wiping out 18 to suspend the fiscal year 2013 seques- duction at a time when the United years of savings for the average mid- tration and offset with funds from States has by far the most unequal dis- dle-class family. overseas contingency operations; that tribution of wealth and income of any That is distribution of wealth. That the bill be read three times and passed, major country on Earth. In other is incredibly unequal, incredibly un- the motion to reconsider be laid upon words, we cannot talk about how we fair, and getting worse and worse. That the table with no intervening action or proceed with deficit reduction, we can- is something we might want to keep in debate. not say it is OK to cut Social Security mind when we talk about how we do The PRESIDING OFFICER. Is there or Medicare or Medicaid or nutrition deficit reduction. objection? programs when the middle class of this Then when we talk about distribu- The Senator from Pennsylvania. country is disappearing, poverty is ex- tion of income, what we earned last Mr. TOOMEY. Mr. President, reserv- tremely high, while at the same time year, that is even worse than distribu- ing the right to object, I would like to the wealthiest people and the largest tion of wealth, as bad as that is. If you explain what this amounts to. Let’s be corporations are doing phenomenally can believe it, the last study we have very clear. There is no money in the well. Any serious discussion about def- seen on this subject—this is quite overseas contingency operation fund. icit reduction has to include those amazing—showed that from 2009 to This is barely an accounting device. Do issues. 2011, all the new income created during you know what this really is? The pro- Let me bore you for a moment with that time period went to the top 1 per- posal is that we do away with the se- some interesting statistics. This, in cent while the bottom 99 percent actu- quester and we thereby spend more fact, came out just yesterday from the ally saw a decline in their income. All money and we just pretend it is offset. Pew Research Center. What they said the new income created in that time But the fact is, some time ago, this ad- is that all the new wealth generated in period, 2009 to 2011, went to the top 1 ministration made a decision about the this country from 2009 to 2011 went to percent. Real unemployment today is level of our involvement in Afghani- the top 7 percent of the American not 7.6 percent, it is 13.8 percent if we stan that had nothing to do with this households. All the new wealth went to count those people who have given up sequester. That has nothing to do with the top 7 percent of American house- looking for work and those people who the sequester. The fact that we are no holds, while the bottom 93 percent of are working part-time. The youth un- longer at war there does not allow us Americans saw a net reduction in their employment rate is just horrendous, to spend money we do not have. wealth. and it is even higher than the general Let me give an analogy. I could come The Pew Research Center found that average. down to the Senate floor and suggest I from 2009 to 2011, the mean net worth Very interestingly, a new poll came think it should be the policy of the of American households in the top 7 out by Gallup that was done just a few United States that we absolutely not percent rose by 28 percent, while the days ago—April 17, 2013. I find the re- invade Canada and we not have a war mean net worth of the bottom 93 per- sults of that poll very remarkable. This with Canada. Imagine the money we cent of American households went poll deals with an issue that very few could save if we do not go to war with down by 4 percent; in other words, the people in Congress are even prepared to Canada. people on top are doing very well, ev- talk about, let alone act upon. So, with all that savings, let’s go out erybody else is not doing well. Here is what the poll from April 17, and spend it because we have this ter- Over this same time period, the top 7 2013—this week—said: About 6 in 10 rific savings. This proposal is abso- percent of American households saw Americans—about 60 percent—believe lutely no more meaningful than if I their wealth increase by a combined money and wealth should be more were to make that suggestion, which $5.6 trillion—the top 7 percent, $5.7 tril- evenly distributed among a larger per- obviously everyone understands is ri- lion in wealth increase; the bottom 93 centage of the people in the United diculous. percent saw a wealth decline of $600 bil- States, while only one-third of Ameri- So I object. lion. That is what the Pew Research cans think the current distribution is The PRESIDING OFFICER. Objec- Center reported just yesterday. fair. tion is heard. The Senator from Illi- Today, when we talk about distribu- So when my friends want to cut pro- nois. tion of wealth and income, the wealthi- grams for the middle class and give tax

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2934 CONGRESSIONAL RECORD — SENATE April 24, 2013 breaks to the rich, they should under- and other large corporations that are You know what, it is time you helped stand that about 60 percent of the doing phenomenally well, came for- us with deficit reduction. American people already believe that ward and said to Congress: You should I hear a lot of my Republican friends we have an unfair distribution of raise the eligibility age for Social Se- and the President talking about how wealth in America. What is even more curity and Medicare to 70 and cut So- we need tax reform, but we are going to interesting, according to this Gallup cial Security COLAs by adopting the do it deficit neutral. No, I beg to differ. poll from a few days ago—and they do so-called chained CPI. The wealthiest We do need tax reform. We do need to this poll every year—is that a record- people are doing phenomenally well, end the absurdity of losing huge breaking 52 percent of the American Wall Street gets bailed out by working amounts of money because of the tax people believe ‘‘that our government,’’ families all over this country, and then havens in the Cayman Islands and Ber- i.e, the Congress, ‘‘should redistribute these guys come back to Congress and muda and elsewhere, but we also have wealth by heavy taxes on the rich.’’ say: Raise the retirement age for So- to raise revenue when we do tax re- Again, that is 52 percent of the Amer- cial Security and Medicare to 70 years form. It is not simply lowering tax ican people who believe that. of age. rates. How many Members of the Congress Needless to say, my views are a little I will give some examples about how get up and come close to reflecting bit different than Mr. Blankfein’s or absurd the current situation is and what a majority of the American peo- the Business Roundtable. I believe the why—before we cut Social Security and ple want? The American people know way to do deficit reduction is not by before we attack programs that the that the middle class is collapsing. punishing people who are already hurt- middle class and working families of They know poverty is unacceptably ing and struggling to keep their heads this country depend upon—we have to high. They know the wealthy and large above water. We don’t punish the sick, end these absurd loopholes corporate corporations are doing extraordinarily the kids, the elderly, or disabled vet- America is enjoying. well, and they want us to do something erans. We need to ask those people who I have just a few examples. Bank of about it. But around here, forget doing are doing very well to start paying America is one of the financial institu- something about it. We cannot even their fair share of taxes. tions that was bailed out by the Amer- talk about what the American people Now I will talk about what I think ican people when their recklessness want us to do. we should be doing and why we should and greed almost resulted in the col- The American people are frustrated be doing it. In 1952, 32 percent of all of lapse of our financial system. In 2010, with Congress for a whole lot of rea- the revenue generated in this country Bank of America set up more than 200 sons, and certainly at the top of the came from large corporations—about subsidiaries in the Cayman Islands, list is how we are ignoring the eco- one-third of all the revenue. Today just which, of course, has a zero percent tax nomic reality facing the middle class 9 percent of Federal revenue comes rate to avoid paying U.S. taxes. Bank of this country and the growing wealth from corporate America. In 2011, cor- of America set up 200 subsidiaries in and income inequality. They want us porations paid just 12 percent of their the Cayman Islands. In 2010, not only to do something about it, and I think it profits in taxes. That is the lowest per- did Bank of America pay nothing in is high time we did. centage since 1972. Federal income taxes, but it received a So instead of cutting programs for In 2005—the last figures we have—one rebate from the IRS worth $1.9 billion the middle class, they are giving more out of four corporations paid no Fed- that year. Bank of America paid noth- tax breaks for those people who don’t eral income taxes at all even though ing in taxes. need it. Maybe we should do what the they collected over $1 trillion in rev- In 2010, JPMorgan Chase operated 83 American people want and ask the subsidiaries incorporated in offshore wealthy and large corporations to start enue during that 1-year period. In 2011, corporate revenue as a per- tax havens to avoid paying $4.9 billion paying their fair share of taxes and centage of GDP was just 1.2 percent in U.S. taxes. They avoided paying $4.9 protect working families. Interestingly enough, we hear from lower than any other major country in billion. Goldman Sachs is one of the largest the wealthiest people in this country the OECD, including Britain, Germany, institutions in the country. In 2010, and from their organizations. What we France, Japan, Canada, and many hear from them is not: Hey, we are other countries. Each and every year Goldman Sachs operated 39 subsidiaries doing really well. We know this coun- corporations and the wealthy are and offshore tax havens to avoid an es- try has a whole lot of problems, and we avoiding more than $100 billion in U.S. timated $3.3 billion in U.S. taxes. Citigroup, which is another financial are prepared to pitch in; we are pre- taxes by sheltering their incomes in institution that was bailed out by the pared to help out with deficit reduc- the Cayman Islands, Bermuda, and tion. By the way, for those who are on other offshore tax havens. taxpayers of this country, has paid no Wall Street, remember that it was the So the point is: How do we do deficit Federal income taxes for the last 5 American people who bailed out Wall reduction? Do we say to an elderly years. That is not bad. Many people Street. Instead of hearing how they are woman in the State of Vermont who is who are out there watching this are prepared to reciprocate now in Amer- trying get by on $14,000 or $15,000 a year saying: That is pretty good. How did ica’s time of need, unfortunately what that we are going to cut her Social Se- they avoid paying income taxes when we are hearing is quite the contrary. curity? they are one of the largest corpora- Lloyd Blankfein is the CEO of Gold- Do we say to a disabled vet: Thank tions in America for a 5-year period? man Sachs, and this is what he said on you for your service and your sacrifice That is pretty good. November 19, 2012, to CBS: for this country, we are sorry you lost During the last 5 years General Elec- You’re going to have to undoubtedly do your legs, but we are going to have to tric made $81 billion in profit, which is something to lower people’s expectations— cut your benefits? not too shabby. Not only has General the entitlements and what people think that Do we say to a struggling low-income Electric avoided paying Federal in- they’re going to get, because they’re not family trying to survive on one or an- come taxes during these years, it re- going to get it. other nutrition program: Sorry, but ceived a tax rebate of $3 billion from Blankfein and his friends at the Busi- you may have to go hungry and not get the IRS. GE has at least 14 offshore ness Roundtable recently came out dinner on Wednesday? subsidiaries in Bermuda, Singapore, with a report. Now, the Business Do we say to working people who and Luxembourg for the purpose of Roundtable is the organization rep- have lost their jobs: We are going to avoiding U.S. income taxes. resenting the CEOs of the largest cor- have to cut your unemployment com- Does anyone still want to know why porations. All of them make millions pensation which will make it almost the American people are cynical about of dollars a year in salary or benefits. impossible for your family to survive? what is going on in Washington? Does All of them have very generous retire- Is that our approach or do we go to anyone want to know why the Congress ment benefits. Some of them are worth corporate America, which is enjoying of the United States has an extremely hundreds of millions of dollars. recordbreaking profits? low level of support or favorability? It These people, the Business Round- One out of four corporations pays is because the American people know table, which consists of Wall Street nothing in taxes. Do we say to them: they are getting ripped off. They are

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2935 working 50 or 60 hours a week, and they issues coming before us on a contin- litical science. Our Constitution is the are paying their taxes. General Elec- uous basis, we have to have some con- best answer ever provided to these two tric makes $81 billion, and over the last text. We have to look back to the his- questions. It is the best answer, and 5 years they have paid nothing in tory of this body and the history of the the Framers knew exactly what they taxes. Does anybody vaguely think country. were doing. that is fair? My favorite quote from Mark Madison, in the 51st Federalist—and I We have some people who say: We Twain—and there are lots of them, but have to apologize to my female Sen- want to do tax reform, but we want to my favorite is: History doesn’t always ator friends because Madison only make it revenue neutral. We don’t repeat itself, but it usually rhymes. talked in terms of men, but when we want any new income in order to help And in this case I believe that is true. hear ‘‘men,’’ we think ‘‘men and us with deficit reduction. Let’s cut So- Let’s start with a very basic ques- women.’’ He meant that, he just didn’t cial Security, Medicare, Medicaid, edu- tion: Why do we have government at say it. But in the 51st Federalist, here cation, but, no, we cannot get new rev- all? Why are we here? Why do we have is what he said: ‘‘If men were angels, enue from large corporations. this grand edifice? Why do we have the no government would be necessary.’’ During the last 5 years Verizon made rules and laws and this panoply of the We wouldn’t need it. Then he said: over $48 billion in profits. Not only has Constitution? If angels were to govern men, neither ex- Verizon avoided paying Federal income Well, it is all about human nature. ternal nor internal controls on the govern- taxes during those years, it received a Unfortunately, part of human nature is ment would be necessary, either. In framing $535 million rebate from the IRS—not conflict. Often it is conflict that is re- a government which is to be administered by too bad. solved by violence. Hobbes, the British men over men, however, the great difficulty From 2008 through 2010, not only did philosopher, said: ‘‘Life is nasty, brut- lies in this: You must first enable the gov- Honeywell avoid paying Federal in- ish, and short.’’ ernment to control the governed; and in the next place, oblige it to control itself. come taxes, it received a $34 million A few years ago, Bill Moyers, whom I tax refund from the IRS. believe is one of the wisest living That is the whole deal. That is what Merck is a pharmaceutical company. Americans, spoke at the graduation of the Constitution is all about. How did In 2009 not only did Merck pay no Fed- one of my sons. I was at the graduation it do it? I think the best analogy for eral income taxes, it received a $55 mil- because I wanted to see what $100,000 the U.S. Constitution is the homely lion tax refund from the IRS. On and looked like all in one place at one Vegematic. Remember Billy Mays: It on it goes: Corning, Boeing, Microsoft, time. Now it would be $200,000. But slices, it dices, it purees. The Constitu- Caterpillar, Cisco, Dow Chemical. I Moyers had a very profound observa- tion is the Vegematic of power. It have example after example of large tion, and he talked about the propen- slices and dices. It lays it out. It di- profitable corporations where CEOs sity of people to be mean to each other, vides it between the people and the make millions and millions of dollars, to resolve disputes by violence. He used government, between the Federal Gov- and they say to the American people: a phrase that has stayed with me, and ernment and the States and the local- We support cuts in programs for you— I think it is very profound: ‘‘Civiliza- ities, and within the branches of the Social Security, Medicare, Medicaid, tion,’’ Moyers said, ‘‘is an unnatural Federal Government. Power is sepa- you name it—but don’t ask us to pay act.’’ Civilization is an unnatural act. rated, and that was the theory of the more in taxes. It takes work to maintain civilization Framers; that this division of power— This Senate has a decision to make: from one generation to the next. The ambition combating ambition—was the Do we occasionally—I am not asking world around us today gives us evi- structural solution to the danger of the for much—stand up to the lobbyists, dence of this. All one has to do is open government abusing its own people. campaign contributors, and big money the paper: North Korea, the Middle Then, finally, they weren’t satisfied, interests and ask the large corpora- East, and, Lord help us, the Boston and in the ratification of the Constitu- tions and the wealthy who are doing Marathon or two little boys in a sand- tion was adopted the Bill of Rights. phenomenally well to help us with def- box with one truck. Conflict is part of The Bill of Rights is nothing more than icit reduction or do we continue to our human nature. a sphere of protection around each of stick it to the working families and the So the basic function, the basic ne- us as individuals that says even if the middle class of this country? That is cessity that brings forth any govern- government follows all these arcane the challenge and the issue we face. I ment throughout history is to provide rules and all these Rube Goldberg pro- hope we have the courage to do the security to our citizens, internal and cedures and a law comes out at the right thing. external, and, of course, the Constitu- other end, if it violates free speech, it With that, I yield the floor. tion says this in the Preamble: to ‘‘en- is no good. If it violates the right to The PRESIDING OFFICER. The Sen- sure domestic tranquility’’—that is Al bear arms, it isn’t valid. If it violates ator from Maine. Capone—and ‘‘provide for the common people’s right to be secure in their per- Mr. KING. Mr. President, I ask unan- defense’’—that is Hitler or al-Qaida. sons and possessions, it is off limits. So imous consent to speak in morning But, then, the paradox is once we cre- the Bill of Rights is the last sword, business for 20 minutes. ate a government, we are handing over shield, and buckler that protects us The PRESIDING OFFICER. Without power to other people, and there is al- from an abusive government. objection, it is so ordered. ways the danger the government itself The tension between effective gov- NATIONAL CHALLENGES will become abusive, and that has been ernment and controlling government Mr. KING. Mr. President, I rise today true throughout human history. has never been resolved in this society. with some humility because I rise in The ancient Latin quote is, ‘‘Who Many of the arguments we are having the footsteps of one of Maine’s greatest will guard the guardians?’’ Govern- now about gun control, the Federal Senators, Olympia Snowe. I am fortu- ments are about power—power we give budget, financial regulation, health nate enough to succeed her in this seat. up in order for governments to serve care, climate change, and environ- In the midst of the campaign a year or us. But, again, human nature raises its mental policy are all manifestations of so ago, I also realized I was not only head. Lord Acton, the 19th century this age-old debate we keep having. succeeding Olympia Snowe but George British philosopher, again had a very What I think is amazing is that the Mitchell and Ed Muskie, who are two profound observation: ‘‘Power corrupts, arguments and even the rhetoric—the of the greatest legislators of the 20th and absolute power corrupts abso- words themselves—always seem to be century. So it is with some trepidation lutely.’’ That is true of all people in all about the same. On the Federalist side, to be standing on the shoulders of times and in all places. Power corrupts we always hear about the necessity of those great Members of this body. and absolute power corrupts abso- national solutions to national prob- Most speeches we hear in this Cham- lutely. lems, universal principles, appeals to ber are on a topic of the day—taxation, So these two questions—why have a fairness. On the other side, we hear al- gun control, fairness of the market- government and how do we control the legations of tyranny, nullification, ref- place—but I think in order to under- government once we create it—encom- erences to Jefferson’s famous quote, stand the issues we are debating, the passes all one needs to know about po- that ‘‘occasionally the tree of Liberty

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2936 CONGRESSIONAL RECORD — SENATE April 24, 2013 must be watered with the blood of Pa- problems and the rights of the States nally’’ too much and it gets people’s triots and Tyrants.’’ The 10th amend- and the people to make their own deci- hopes up. Budgets. A budget fundamen- ment, States rights, and hints of seces- sions. tally reflects policy. It fundamentally sion, the rhetoric is the same. In fact, Of course, tragically, the most dra- reflects what we believe about our- the current divisions in this Congress matic manifestation of this was the selves and about the government. The between traditional Democrats and a Civil War, but the Civil War itself was budget passed by the House—the so- Republican Party largely driven by the about this very question. Wrapped up called Ryan budget—is a classic polit- anti-Federalist sentiments of the tea in States rights and slavery, it was a ical document. I don’t mean that in a party is at least the 10th time this question of what are the powers of the negative sense. It espouses a philos- same issue has arisen in American his- Federal Government and what are the ophy of what this government should tory. powers reserved to the States and to be. It is one more step in this discus- The American Revolution itself, No. the people. We all know the tragedy of sion. 1, was a populist revolt against con- that event and what happened. I do not believe the Ryan budget is centrated power far away. Second, the I think one of the most interesting about debt and deficits. It is about drafting of the Constitution arose out results of the Civil War is a change in shrinking government. That is what of the weaknesses of the Articles of English usage of the term ‘‘United the policy is: to reduce the size of the Confederation. Many of us—all of us— States.’’ Prior to the Civil War, people government to a place where it is much sort of feel this government has been in the United States referred to the smaller. what it is forever. For 7 or 8 years, be- United States as a plural noun: the Federal spending is not out of con- tween the end of the Revolution and United States are; they are. The United trol. Nondefense discretionary spend- the drafting of the Constitution, we States, they are doing this or that. In ing today is the lowest it has been in 50 were governed by something called the other words, they referred to them- years. Defense is about the same. What Articles of Confederation, which was selves as a collective, as a group of is out of control is all of our spending too weak. It didn’t concentrate power States. After the Civil War, the usage on health care. That is what is driving enough, and that gave rise to the Con- which we have until today is that the the Federal deficit. It is not about debt stitutional Convention in 1787. United States is a singular noun, one and deficits, it is about shrinking gov- Then, the ratification of the Con- country: It is. That is an amazing de- ernment. stitution and the Bill of Rights was velopment. There was no law passed, So where does this leave us? An in- itself a manifestation of this argu- but that showed how the people’s view teresting history lesson. ment—the argument that the wonder- of what their country was all about I hope something more. ful terms ‘‘Federalist’’ and ‘‘anti-Fed- changed. First, I think it provides us with a In the early part of the last century, eralist’’ describe the division in the way of understanding what separates the New Deal and the two crises of de- country which we are fighting over to us. If we understand what is going on pression and war—particularly the this day. I think of HARRY REID and here in this Chamber, I think it helps Great Depression—the issue then was DICK DURBIN as Hamilton and Adams us. fought out in the Supreme Court, and and MCCONNELL and CORNYN are the Second, I think it is important, for the U.S. Supreme Court at first said pre-1803 Jefferson and Madison. I say me anyway, to believe there is no right the New Deal laws were unconstitu- pre-1803 because Jefferson was the answer to this question. There is no tional. They went too far. The com- apostle of States rights, but he became right answer. It cannot be all one or merce clause wouldn’t stretch that far. the other. Neither side has exactly the President and somehow found in the Then, of course, there was a lot of poli- right response. We should not be an un- Constitution the heretofore unknown tics and discussion. The case went controlled, central government, and we right to buy Louisiana. We are glad he back—I believe it was the ‘‘sick chick- should not be a government that is so did. en’’ case—and the Supreme Court said: The Alien and Sedition Acts of 1800, dispersed that we cannot do anything. Well, maybe the commerce clause does which were the PATRIOT Act of the The tension is hard-wired into our sys- stretch that far. Historians refer to day, passed by President John Adams tem, but I think it helps us find bal- that as ‘‘the switch in time that saved anced policy. to get at what they thought were sedi- nine.’’ tious activities in the country. Jeffer- The civil rights movement was hap- We need a national government—we son, when he was Vice President, se- pening as I was growing up, and States need a strong national government— cretly wrote a resolution for the Ken- rights was the rhetoric again. What are for the same reasons as in 1789: to solve tucky legislature saying that the Alien the powers that we have in this city national problems, problems that can- and Sedition Acts were null and void in versus the communities and the States. not be solved at the local level either Kentucky and were a violation of the Here we are, No. 10: The tea party because of the scope of the problem constitutional principles. and the urge to shrink government. itself—global terrorism: I am sorry, the The tariff of 1828, known as the Tariff The resistance to the Affordable Care Brunswick Police Department cannot of Abominations, was a tariff that pro- Act. I was always surprised that sum- deal with all the terrorism—or because tected northern manufacturers, but it mer when people were getting red in piecemeal solutions will not work. En- prejudiced the South and, lo and be- the face about a health care bill. It vironmental protection has to be done hold, South Carolina wanted to nullify wasn’t the health care bill; it was the locally, but it also has to be done na- it and, in fact, in 1832 voted to do so. perception that Washington was some- tionally. Air moves. Polluted water The nullification crisis of 1832 was only how taking over something that should moves. averted by the election of Andrew have been left to them. Or immigration. It has to be a na- Jackson and a compromise tariff that Gun control is a classic example tional solution. was passed in 1834. which we were debating last week, and I am sorry, but strangling govern- That is five times already. the irony and the difficulty of gun con- ment in the bathtub is even less fea- This is an interesting one. The fugi- trol is the problem is largely local and sible today than it was in 1789. tive slave laws in 1850 were passed by particularly in urban areas, but the so- Gridlock, which is, if you think the Federal Government and it says if lution is national because the guns about it, gridlock is total victory for a slave escaped into your State, even if being misused in urban areas come the anti-Federalists. Gridlock is not it was a free State, your legal enforce- from all over the country. That is why, the answer. The Framers knew the gov- ment community had to cooperate and in my opinion, we need national legis- ernment had to work. It may be slow return the slave to its master. The Su- lation; at a minimum background and cumbersome, but, ultimately, it preme Court of the State of Wisconsin checks and trafficking regulation. Reg- had to be functional. Madison recog- in 1854 declared that law unconstitu- ulation itself is an expression of gov- nized this, and so did the preamble: ‘‘to tional, void, and of null effect in the ernmental power, and it is resisted in form a more perfect Union’’—‘‘a more State of Wisconsin. Again, it was the many parts of the country. perfect Union’’—than that which had tension between the power of the Fed- Budgets—finally, budgets. I shouldn’t been formed by the Articles of Confed- eral Government to remedy national say finally. My wife says I say ‘‘fi- eration.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2937 On the other hand, on the other side ited. Calls to cut government spending We must disenthrall ourselves, think of this argument, though, Federal solu- are fine, but they must be matched in new and different ways, and then we tions all the time are not the answer with specifics. You cannot just talk shall save our country. either. about government spending and not Thank you, Mr. President. There is a grave danger that we all talk about FAA towers or our intel- I suggest the absence of a quorum. face because our job here is making ligence community or our defense ca- The PRESIDING OFFICER (Mr. laws; and the problem is, if the only pability. COONS). The clerk will call the roll. tool you have is a hammer, every prob- We have to understand that each gen- The assistant legislative clerk pro- lem looks like a nail. If the only tool eration must meet its own challenges ceeded to call the roll. we have is laws, then we are inclined to and redefine this question with its eyes Mr. DURBIN. Mr. President, I ask unanimous consent that the order for try to solve every problem. I believe open to practical effects, without the quorum call be rescinded. States rights are important. I think blinders on of absolutism or ideology. As I look back on history, the great The PRESIDING OFFICER. Without States have an important role to play objection, it is so ordered. in our system, and I think they are the accomplishments of the body, the great COMMENDING SENATOR KING best places to solve a lot of the issues accomplishments of this government, Mr. DURBIN. Mr. President, let me that are facing our country. have rarely if ever been victories for salute my colleague from Maine for an One of them is education. I remember one side or the other. Instead, they extraordinary maiden speech on the sitting at home and watching the de- have been based upon hard-fought bat- floor of the Senate. It was a great les- bate between George W. Bush and Al tles and grudging compromise, recogni- son in history, and those of us who con- Gore in 2000, and they were arguing tion of national needs along with local tinue to study history realize he has an what size the classroom should be and interests, and a willingness to honor insight into this Nation which we all how big the school should be, and I our most basic charge: to form a more should hear and share. I thank him for turned to my wife Mary and said: perfect union. being here and for sharing his thoughts These guys think they are running for I hope in a small way to contribute to this, to contribute to the search for with us, and particularly for being part superintendent of schools. of the solution to America’s challenge. This is not a Federal issue. The Fed- solutions that are practical and effec- tive. I am caucusing with the Demo- As I said to him when I went up to eral Government has a responsibility him, you will never get in trouble with in education: to fund, to do research, crats, but I agree with ENZI and ALEX- ANDER on the Marketplace Fairness me if you quote somebody from Illi- and to help, but not to guide. nois; he quoted Abraham Lincoln, and Overreaching regulation, in my view, Act. I agree with ENZI and ALEXANDER on the Marketplace Fairness Act, but did it in an extraordinary way. is a problem. I believe in structural so- So I thank him and commend him for lutions. I was not a Member of this with BLUMENTHAL and KAINE on guns. I agree with BLUMENTHAL and KAINE on his fine statement. body, but had I been, I suspect I would Pending on the floor is the Market- have opposed Dodd-Frank and sup- guns, but I agree with COBURN on dupli- cation and regulation. And I agree with place Fairness Act. It is a bill which ported the restoration of the Glass- has been before this body now for al- COBURN on duplication and regulation, Steagall Act. I think that is a struc- most a week. It is 11 pages long. It is but I agree with MURRAY on the budg- tural solution because regulatory solu- not a new concept. Members have had tions always end up being burdensome. et. We face serious challenges—defense, ample time to review it. We have had A friend of mine in Maine sent me a budget, and constantly changing cir- three successive votes on the issue—on picture of him sitting next to a stack cumstances. We live in a time of accel- the budget resolution, on cloture on this high of regulations at a commu- erated change. the motion to proceed, and on the mo- nity bank as a result of Dodd-Frank Almost exactly 150 years ago, our tion to proceed—and the outcome of that they are going to have to abide greatest President sent a message to those votes were 75, 74, and 75. That is by. This is a community bank. Bangor Congress in the midst of the greatest an extraordinary majority in this Savings Bank did not cause the finan- crisis this country has ever faced. His Chamber and indicates a willingness to cial crisis of 2008, yet they are having message was about change and about tackle this problem and pass this bill. to bear the burden of these regulations, how to deal with change and was to try I have invited my colleagues, as has which are expensive, which are drying to shake Congress out of the lethargy Senator ENZI, to come to the floor. If up credit for their customers, and of politics as usual because we were in you have something you wish to offer which I do not believe are going to con- the midst of the Civil War. to this bill, bring the amendment to us. tribute to a solution. I cannot argue that the crises we face It is not that we are going to accept Another point on this, on the anti- today collectively or individually equal every amendment, but that is not what Federalist side, is that deficits do mat- the Civil War, but they are pretty seri- the process is about. Some of these ter. Deficits do matter. We cannot con- ous. I have been in hearings in the last amendments will be offered for a vote, tinue to burden our children with the 2 weeks in the Intelligence Committee as they should be, and debated. costs of government. and the Armed Services Committee, So far, there has only been one amendment that has actually been of- In a hypercompetitive world, it and every single one of the top profes- fered on the floor, and it was objected seems to me that every tax dollar sionals in both defense and intelligence to by the Senator from Oregon, Mr. counts and every regulation must be have said this is the most dangerous WYDEN. The amendment Senator smart and minimally intrusive. This is and complicated period they have expe- WYDEN objected to was called the a new world we are in. We are com- rienced in their 35, 40, or 50 years in Internet Freedom Act, and it basically peting not just with companies around this business. So we are facing some se- said we would renew our 15-year com- this country but with companies all rious challenges. over the world, and they want our jobs. I want to share with you what I be- mitment that we will not tax Ameri- Understanding these differences and lieve is the most profound observation cans for access to the Internet. I think this age-old argument, we have to un- about how we deal with change that I that is good policy, the Internet Free- derstand that we cannot be enthralled have ever encountered. December 2, dom Act. So I invited Senator PRYOR to this debate. We cannot be locked 1862, President Lincoln sent the mes- to offer that on the underlying bill, and into it. But we do have national chal- sage, and here is how it ended. Here is it was objected to by the Senator from lenges. They have to be met with na- what Abraham Lincoln said: Oregon. Make no mistake, the Market- tional solutions. Challenges such as The dogmas of the quiet past, are inad- place Fairness Act that Senator ENZI cyber threats, research, infrastructure, equate to the stormy present. The occasion and I and Senator ALEXANDER and Sen- gun crime, terrorism—and, Boston, by is piled high with difficulty, and we must ator HEITKAMP bring to the floor is not the way, is an example of coordination rise—with the occasion. As our case is new, at war with the Internet at all. We between levels of government that I so we must think anew, and act anew. value it. It is an important part of our think worked very effectively. And here is the key line: economy, an important part of our Our failure to act is a disservice to We must disenthrall ourselves, and then we lives. We support the notion of Internet those who built what we have inher- shall save our country. freedom from taxes.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2938 CONGRESSIONAL RECORD — SENATE April 24, 2013 What we are trying to achieve, 44th State. So he presented this framed to help out with this bill, they collect though, is the appropriate role for the flag to me. Incidentally, that was only from every person from the first dime Internet when it comes to retail sales. the flag of the United States for a 6- of sales. So we have given a little bit of The Marketplace Fairness Act levels year period. Then some other States a break to particularly the nontax the playing field between businesses on came in and we added them. It has an States, and to those working on line Main Street or in shopping malls and interesting arrangement of stars on it that are small businesses to continue businesses on the Internet. It says, if too, because the 44 stars do not fit in a this effort to grow the Internet. the business in Chicago, IL, on Michi- nice even pattern unless you did four Of course, we are hoping a lot of our gan Avenue has to collect sales tax on rows with 11 in a row. That changes the businesses in our States will get to sales over the counter, then Internet dimensions of the flag considerably. that million-dollar mark. But here is retail sales into the State of Illinois I appreciate his consideration on the status on the million-dollar mark. face the same sales tax. That is it. It is that. I appreciate the consideration he We are told that if we reduced that to not that complicated. No Federal tax, has given to pieces of legislation that I $150,000 it would only affect less than no new tax; only the collection of ex- have seen him work on. We do not one-quarter of 1 percent of the busi- isting State sales taxes. That is all we agree on all of those pieces of legisla- nesses in the United States—not very are asking for. tion, but it is nice to have the concern many. They are starting to be a rel- Our opposition comes from several and the thought and the process for atively big business when they are quarters, but primarily from no-sales- getting things done that he brings to doing $1 million on line. This does not tax States such as Oregon, Montana, the Senate. That is very nice. count their in-store sales. This is just New Hampshire. Those Senators from I too want to encourage my col- their on-line sales. So I hope the other those States where they pay no sales leagues if they have amendments to States that have had some difficulty tax whatsoever would not even require bring them down. That is what we say with that will realize that is a pretty their Internet sellers to collect sales this process is about. This is an amend- liberal mark we have gone to. tax on sales made in other States. ment process on the floor, which every- Of course, I know a lot of people are At the end of the day, if Marketplace body has asked for. We are doing it. So getting a lot of correspondence from Fairness passes, the citizens of Oregon we need the amendments. A number of eBay. eBay, in the 12 years I have been will not pay 1 penny in sales tax more people have talked to me about dif- working on this bill, has consistently they pay now, nor will the citizens in ferent parts they had a potential con- opposed it, even though they appeared Montana, New Hampshire, Delaware, or cern about. I hope we solved their con- almost up to the time we were ready to Alaska. The State law prevails. We do cern by actually looking at the word- do the bill to be in agreement with not change it at all. But to suggest you ing in the bill. This is not a very dif- some of the things that were in the could sit in Oregon as an Internet re- ficult bill to read. Sometimes we do bill. tailer and sell into our States at a dis- ones that are a couple of thousand Incidentally, that is when we had a advantage to the local businesses and pages. This one is 11 pages. I do not considerably bigger bill. It was about not collect sales taxes is unfair. think there is anybody who will not be 80 pages long. This one we changed. What we are trying to achieve here is capable of reading the bill. Unlike The main difference is now there are fairness and balance. We have obvi- most of the bills, this is in pretty nor- States rights, which there should have ously the major retailers across Amer- mal language, rather than some of the always been. That is the way it is in ica supporting this, but more. We have conforming language that sometimes the Constitution. This is a States units of government that are now not results around here. rights bill. That reduces the length of receiving the sales tax receipts from I think most of the problems retail- it considerably. Internet sales they could. Of course, we ers should have with this have been The million-dollar proposal is to give have others interested—developers, Re- taken care of. One that the nonsales- people time to adjust and collect. Inci- altors, labor unions, business groups. It tax States talk about, and the Senator dentally, there is kind of a phase-in in is the most amazing coalition backing from Illinois, Mr. DURBIN, also men- this. Some people say, why don’t we the Marketplace Fairness bill. tioned, the people in those States still have kind of a phase-in? Well, we have Senator ENZI and I urge every Sen- will not pay a sales tax. But if you hap- 90 days. We agreed to do 6 months so ator with an amendment to this bill, pen to be one of the people selling into people could gear up for it. come to the floor now. Do not wait other States, and you sell a tremen- Besides that 6 months, the States are until tomorrow, and certainly do not dous volume into other States, then going to have to provide free software wait until Friday. We want to bring up under this bill you will be expected to to be able to do the tax, so that when those amendments. I hope those oppos- collect and remit the sales tax, as any they put in a ZIP Code for where they ing this bill will not continue to object retailer in the States that have sales are sending the product, they will to them, as the Senator from Oregon tax. automatically know the tax. They talk did earlier. But if you have an amend- There is an exemption. The Senator about 9,600 tax jurisdictions. Well, in ment, please bring it to the floor. Mem- from Oregon, Mr. WYDEN, asked us to this there are only 46 different tax ju- bers get squirmy on Thursday night have a compromise. That is why we risdictions. Nevertheless, they put in and Friday morning. They want to get have the exemption in there. It is a that ZIP Code and they will know what back home. I understand that. But if compromise. We started with it in the the tax is and have no liability whatso- you want to reach that deadline and do Senate as being a $500,000 exemption. ever because that falls on the people it in the appropriate, timely way, The House folks convinced us—as I who provided them with this free soft- please bring all amendments to the mentioned, this is a bipartisan, Repub- ware. This makes a huge difference to floor now. We urge our colleagues to do lican and Democrat, bicameral, House States, counties, and municipalities. that. and Senate effort. The House convinced I used to be a mayor. I was a mayor I yield the floor. us that $1 million was a more reason- of a town that tripled in size during the Mr. ENZI. Mr. President, I want to able figure, and they gave some good 8 years I was mayor. Had it not been congratulate the Senator from Maine reasons for it. Now $1 million would for sales tax, we would have been on his speech. It was a tremendous his- give any small businessman quite a few broke. I checked around to see how tory lesson. I have enjoyed getting to years, perhaps—I hope it is a short pe- much towns and municipalities rely on know him a little bit since he got here. riod of time, but it should give them the sales tax for their source of rev- I had quite an interesting surprise yes- quite an amount of time before they enue. I was shocked. About the min- terday. He came to my office and he had to adjust to this, because they imum that I run into is 30 percent. brought an American flag, all framed. have to sell $1 million on line in a year There are quite a few more than I ever The way he got it, there was a desk his before they have to start collecting the thought that rely on sales tax for 70 great-aunt had. The desk was probably tax the next year. percent of what they do. made in the 1860s. But behind one of In a State where there is a sales tax So what does a municipality do with the drawers they found this flag. It was and the people are selling in the brick- its money? Well, let’s see, a lot of them a flag with 44 stars. Wyoming was the and-mortar store which we are trying have schools they have to take care of,

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2939 they have law enforcement they have for a library, and how much you can States is considered a tax expenditure. to take care of, they have firefighters levy for fire. Those things do not begin Again, it was hit by 5.3 percent. they have to take care of, some of to cover the cost of the service that is One of the reasons this is 5.3 percent them have ambulances. So it is all of rendered. this year in the sequester instead of 2.3 the first responders essentially they So to the people who are protecting percent—which is what it was across have to take care of. the Internet, I would say it is pretty the board for the .3 percent—is we If you are in the northern States, as hard to flush your toilet on the Inter- don’t have any months left to revise I was, you have to do it for snow re- net. Sometimes those utilities come those expenditures, but these are one- moval. People are really particular into play with these things too. Those time payments. The time for con- about snow removal. Incidentally, Wy- taxes are very important to almost all densing them has not expired, so at the oming is still having a little bit of win- of the communities across the United most it should have been 2.3 percent. ter. Let’s see, today is Wednesday, so States, in 46 States. The other four do That is a different problem that I will that is typically our spring. We have a not have a sales tax. handle in a different bill. I am hoping lot of snow, even in April. That is when One of the things people have said is, people will not try to gum this up with most of our moisture comes. We get if they get this extra sales tax, why a whole bunch of nongermane or irrele- snow in January too, but that is a real don’t they bring down some of the vant motions. If we stick to relevant dry snow. In fact, we are such a dry cli- taxes they currently have? Some of the ones where we are really trying to im- mate that I often tell people that even States and some of the municipalities prove this bill, I am in favor of it. If we our rain is only 80 percent moisture. Of and counties will do that. I have had are trying to do some other peripheral course, a lot of it gets sucked up by the several of them tell me that if we could ones, in light of the tremendous sup- air as it falls. A long rainstorm in Wyo- get a little bit more in sales tax, we port this bill has, I am hoping people ming might be 5 minutes. We get a would do that. will stick to the bill and try to perfect total of 13 inches a year. So we rely on But let me tell you a little problem it. We can have votes on that. that snow. But if you are a mayor and we have in the Federal Government. I see my friend from Tennessee is it snows, you have a major problem, We are out of money, so we are cutting here. because people expect to be able to get back. And one of the ways we cut back I yield the floor and reserve the re- around. I found out that if you plow it was through the sequester. mainder of my time. to the center, then they cannot make The way some of that is worded, The PRESIDING OFFICER. The Sen- left-hand turns. If it is left on the some of these things are considered tax ator from Tennessee. ground very long and that freezes, then expenditures. For instance, the Federal Mr. CORKER. I wish to thank the you really have a problem getting it Government promised to pay a prop- Senator from Wyoming for his out- up. If you plow it to the sides, you erty tax in lieu of real taxes. In other standing leadership on this issue. I block in people’s driveways and peo- words, the municipality does not tax know it is something he has worked on ple’s cars. That usually upsets them them, the county does not tax them. for a long time, and finally we have it too. But the Federal Government says: Yes, on the floor for debate. I remember when I was mayor, every we own property. If you can sell that I am a strong supporter of the Mar- once in a while I would get a call from property at a private sale, the private ketplace Fairness Act. I thank all in- a disgruntled citizen who would com- entity would have to pay property tax volved on both sides of the aisle for plain that I just plowed their driveway on that. So it is only fair that the Fed- getting it to this place. As the Senator back in after they had gotten it open. eral Government pays taxes in lieu of just mentioned, I do hope we will have They wanted to know what I was going taxes. They have been doing that for a an amendment process soon which will to do about it. I would tell them to number of years. allow people to improve the bill as the give me a few minutes. I would get in The value of the properties, of will of the body sees fit. my car, which always had a snow shov- course, has gone up considerably, par- I come from a State, the State of el in the trunk. I would go to their ticularly in cities where there are Fed- Tennessee, where we have no income house and start digging it out. Usually eral buildings, but also in the forests. I tax. We generate funding for education when they noticed me, they came run- have people who know the value went and health care through a sales tax. ning out and said: Oh, no, we did not up because they are able to lease some That is the way our citizens like it. intend for you to do that. I said: Well, cabin land in national forests. Their What we found in the State over time everybody else is doing snow removal. I payments have more than doubled in is that more and more sales are coming never got two calls on that. But that is the last 3 years. That is a 100-percent into Tennessee residents over the another use for sales tax money. There increase. I guess this year it is even a Internet. In many cases what is hap- are many more. more dramatic increase. But the Fed- pening is people are going into the All of the charities in a town usually eral Government, while it is charging brick-and-mortar stores that are all go to the city council. They say, we more for the property, is not paying part of the fabric of our community. have this valuable project. We need more in property taxes, which would be They are going into brick-and-mortar some money. Anybody who says they the normal thing. This year, they are stores where people have made invest- cannot fight city hall probably never taking 5.3 percent out of every bit of ments in land, buildings, roofs, and op- tried. A lot of those requests are grant- that tax. Of course, I say to people: eration. They go in and try on goods, ed. Wouldn’t it be nice if when you file see how it looks, and then they order it But if the sales tax continues to your Federal income taxes you could on the Internet. shrink—that is what is happening with have taken 5.3 percent out of there? It Obviously, those sales proceeds, the it now, State sales tax, county sales is sort of the same thing. It is what the sales tax that normally would come tax, local sales tax is all shrinking. If government said they would pay in with that, are therefore bypassed. that continues to shrink, they are taxes. What we have done over time because going to have to start cutting back on There are a number of reasons these of the tremendous success, which I am things they do. Of course, probably sales taxes are extremely important thankful for, of the Internet is, there is some of the charity things will be some and getting more important. If you had actually a system that has been cre- of the first ones to go. It is always hard Federal mineral royalties, you lost 5.3 ated to get around State laws that to tell what the net effect will be. But percent of that too. That is because the exist all around our country. This bill if they do not have any ability to in- States collect—half the money from has nothing to do with imposing any crease the revenues they have—and the minerals in the State are supposed kind of new tax or revenue generator. most of the towns in Wyoming do not to be for the State and half are sup- This law allows States that already have a chance to increase the taxes posed to be for the Federal Govern- have laws on the books to carry out they receive. Property taxes are lim- ment. The half the Federal Govern- their implementation. ited by very specific sorts of things, ment received they considered to be Again, our citizens have no income such as how much you can levy for the revenue. The half that is supposed to tax. If the country and if society con- cemetery, and how much you can levy stay with the States or go back to the tinues as is and sales tax continues to

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2940 CONGRESSIONAL RECORD — SENATE April 24, 2013 erode because of Internet sales coming He understands the transaction taxes denying them the right to follow the in from other places, what eventually that they are talking about, and I ap- law of the United States, denying them could happen in our State is we will preciate his learned opinion on that. the right to enforce the law they are have to move to an income tax. Mine comes from section 3, called required to enforce, and they charged Our citizens like it the way it is. I ‘‘Limitations,’’ and in general it says: that they are refused the right to carry am glad this legislation is where it is. Nothing in this act should be construed out plain directives from the Congress I hope it is going to become law be- as subjecting a seller or any other per- that said under certain circumstances cause I believe it is something that cre- son to franchise, income, occupation, they shall commence, for example, re- ates fairness, if you will, in the mar- or any other types of taxes other than moval proceedings against someone. ketplace so all of those who are cre- sales and use taxes. The Secretary just says: No, we are not ating and selling goods in the State of I hope we stick to that and make going to do that anymore. Tennessee and other places are treated sure it just says ‘‘sales and use taxes.’’ Well, here is a very unusual develop- exactly the same. I have worked on this for 12 years, so it ment, I would suggest. I started out as I have heard some arguments from is tough enough to extend it beyond a young Federal prosecutor in 1977, and my friends in the financial community that. I know there are lots of things I have never heard of this occurring. talking about this opening the door to people would like and to open this up. The ICE officers sued Secretary Napoli- some kind of financial transaction tax. I appreciate the one amendment that tano and Mr. Morton, and they raised I deal with a lot of these individuals. I was presented but was objected to, the suggestion they were placed in an am on the Banking Committee, and we which was an amendment which would untenable position where the law re- discuss a lot of issues relative to finan- have continued to ensure—we already quired them to do one thing and they cial institutions and transactions. I have a provision that says you cannot were told by their superiors to do know of no reason anybody should have tax the Internet. You cannot tax the something contrary to law. The case any fear of that. Internet. They wanted to extend that was heard in Federal Court. There is nothing in this bill that cre- another 10 years, and it doesn’t expire In the hearing yesterday, I raised ates a different arrangement within for another couple of years. this with the Secretary. And my friend, State or local governments that allows I thank the Senator for all of the ef- the chairman of the Judiciary Com- them to do something different than fort he has gone to on this bill and all mittee, Senator LEAHY, laughed. He they already are doing. I don’t know of the ways he has helped us. I appreciate said: Well, a lot of people file lawsuits, any precedent that has been set in his plea for people to come forward but it is another thing to win one of State and local governments as it re- with their amendments. these lawsuits. lates to transactions regarding finan- I suggest the absence of a quorum. That is true. It is unusual to see cial activities. I don’t know of any- The PRESIDING OFFICER. The some of these lawsuits that are filed thing in this bill that should cause peo- clerk will call the roll. actually reach a situation in which ple fear of that occurring down the The assistant legislative clerk pro- Federal officials are directed to do road. ceeded to call the roll. something. But it appears that is ex- Typically, when a piece of legislation Mr. SESSIONS. I ask unanimous con- actly what the Federal judge did yes- such as comes up, we have all kinds of sent that the order for the quorum call terday. He said the Secretary doesn’t groups who come forward to try to be rescinded. have the ability to direct agents not to poke holes in it. Some of them, by the The PRESIDING OFFICER. Without do what Congress has explicitly re- way, are legitimate. Hopefully, the objection, it is so ordered. quired them to do. They have a right to amendment process we have will help Mr. SESSIONS. I would further ask have certain policies and procedures— address some of the issues people may unanimous consent that I be allowed to although those are pretty dangerous as be concerned about. speak as in morning business. it is because setting prosecutorial A lot of times there is just fear gen- The PRESIDING OFFICER. Without guidelines and procedures can create a erated to keep anything that may exist objection, it is so ordered. circumstance in which effective law en- from changing. I hope when we have a IMMIGRATION REFORM forcement is neutered. But to go for- debate, when we actually begin having Mr. SESSIONS. Mr. President, we ward and actually dictate that man- amendments on this issue, what we have had a long-standing problem in dated statutory requirements not be will do is stick to the substance, as was the enforcement of immigration laws enforced, this Federal judge suggested, mentioned, and that we will try to im- in the United States. The Secretary of was not acceptable. prove this bill in a meaningful way. Homeland Security, Secretary Napoli- One ICE agent testified at the hear- As it sits, again, I wish to thank the tano, has regularly and sophisticatedly ing that agents have witnessed large Senator from Wyoming. I wish to issued policy directives that have ad- numbers of criminal aliens in jails tell- thank the senior Senator from Ten- versely impacted the ability of law en- ing each other how to evade immigra- nessee, LAMAR ALEXANDER, whom I forcement officers to do the job that is tion laws because word has gotten know has worked very closely with the required of them by law. It has caused around that ICE agents are required to Senator. I am an original cosponsor of quite a bit of a problem. take their verbal claims at face value. this bill. I think it is an issue whose The ICE officers association, the If they say they have been here and time has come. I hope the Senate will union, voted a couple of years ago came here as a child, that must be pass this piece of legislation after our unanimously no confidence in John taken at face value, without verifica- debate concludes. I hope the House of Morton, the Director of that agency. tion, and ICE agents must then release Representatives will do the same. He should already have been removed, them instead of putting them on a path To me, this is about fairness, fairness in my opinion. In addition, morale, ac- to removal. in the marketplace so those people who cording to a government survey in the Another officer, Chris Crane, the are involved in sales transactions, ICE officers department, is one of the president of the 7,600-member associa- whether they are brick and mortar or very lowest in the government. tion, testified in court the administra- whether they are Internet and being I asked Secretary Napolitano in 2011 tion’s policies put officers in the unten- shipped out of someone’s garage or had she met with these officers and dis- able position of releasing illegal aliens shipped from a warehouse, I hope we cussed the problems. The answer was from custody who have been identified will achieve a balance that is appro- no. I asked her Tuesday, yesterday, had as a result of their criminal behavior priate for our country and fair to all she met with them. She said no. simply because word has gotten around those involved. I raised the point that these ICE offi- they do not have to be deported if they Mr. President, I yield the floor. cers are not complaining about pay, claim to qualify for the President’s ad- The PRESIDING OFFICER. The Sen- not complaining about working condi- ministrative amnesty. ator from Wyoming. tions, and not complaining about It is a remarkable development, that Mr. ENZI. I thank the Senator from things that often enter into employ- a Federal judge has concluded that law Tennessee for his comments. He is very ment disputes. What they are saying is enforcement officers in America are involved in the Banking Committee. that the Secretary and Mr. Morton are being directed not to follow plain law.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2941 With regard to the proposed legisla- respected and affirmed in their duties. as an immediate grant of legality, with tion produced by the Gang of 8 that is On a daily basis they are out con- a vague promise of enforcement in the going to be brought up tomorrow in the fronting people who are in this country future. This court case is dramatic Judiciary Committee. It has hardly unlawfully and violating various laws. proof that enforcement has not been been read yet, but we know that law They are trying to remove them from happening. greatly expands the discretion given to the country, as we have always done— I thank the Chair, and I yield the the Secretary of Homeland Security. In and as every country does when people floor. many different places it gives the Sec- violate their laws—and they have been The PRESIDING OFFICER (Mr. retary the power to do that and waive undermined in that. Their morale has BROWN). The senior Senator from Mon- some of what would appear to be plain plummeted, and the Secretary hasn’t tana is recognized. policy goals of the act, at least accord- even talked to them. Mr. BAUCUS. Mr. President, I would ing to the people who sponsored it. I will tell you who else hasn’t talked like to say a few words about the pend- This has far-reaching implications to them—the people who wrote this ing bill before us. for the debate on the reform of immi- bill. Chris Crane, the head of the asso- This bill will hurt small businesses gration. The bill gives the Secretary an ciation, wrote, called, publicly asked not just in Montana, New Hampshire, unprecedented amount of discretion for the opportunity to participate in and Oregon—non-sales tax States—but and waiver authority. By some esti- these discussions and at least tell them all across the country. The bill will let mates, there are over 200 mentions in what the real world is like. But, no, one State go after businesses in an- this nearly 900-page bill of giving more they had the chamber of commerce, other State. This bill could give any power to the Secretary. Five times in they had the agriculture people, they State the right to make businesses the bill it affirms the Secretary’s had certain union officials, they had La across the country collect sales taxes ‘‘unreviewable discretion’’ to waive or Raza. They have all been meeting and for that State when selling products alter provisions of the legislation as talking but not the people out there online. Therefore, businesses could be she sees fit. In fact, the bill essentially struggling every day trying to make forced to spend their time and money codifies the flawed policies that are sure we have a lawful system. collecting taxes for States across the now being challenged in this lawsuit. It That is what the American people are country with no benefit to them. gives statutory power to the Secretary asking for. The American people are I am repeating that this bill has not to do what she has been doing. not angry at people who want to come been through regular order. The Fi- Indeed, illegal immigrants appre- to America. We believe in immigration. nance Committee has not had a chance hended after the new law goes into ef- We are going to see immigration con- to improve this bill or address the fect would not enter deportation pro- tinue. No one is suggesting that is many unanswered questions about its ceedings. Instead, the Secretary ‘‘shall going to end. But the American people provisions. The floor of the Senate is provide the alien with a reasonable op- are upset with their politicians and no place to try to improve upon the bill portunity to file an application’’ for their government leaders who say one and make the bill work. provisional legal status provided the thing, promise one thing, and do the Years of work have been put into the immigrant ‘‘appears prima facie eligi- exact opposite. They have been prom- issue of State sales taxes, and I com- ble, to the satisfaction of the Sec- ising for 30 years that we are going to mend Senators DURBIN and ENZI for it. retary.’’ The bill emphasizes that it is have a lawful system of immigration. Unfortunately, that work is not re- not designed to ‘‘require the Secretary It hasn’t occurred. flected in the bill on the floor today. to commence removal proceedings’’ We passed a law to have 700 miles of For years, the concept of allowing against any illegal immigrant. fencing, and everybody applauded— States to require out-of-State sellers to We have a Secretary of Homeland Se- some of them grudgingly. Yet only 30 collect sales taxes on their behalf was curity who is issuing policies that re- miles of a double fencing, as required done through a compact known as the quire sworn law officers not to enforce by law, has ever been built. Streamlined Sales and Use Tax Agree- actions specifically required by con- Twenty years ago there was a law ment. gressional law. A Federal judge just mandating an effective entry-exit visa After over a decade of work on yesterday found that is not proper, and system. Some of the foreign terrorists streamlining, only 24 States adopted stated in effect the Secretary is not came in on 9/11 under the visa system. the required simplification measures. above the law, which I think most Forty percent of the people here ille- The remaining States refused to join Americans would certainly agree with. gally, it now appears, come to this the compact. Why? Because they didn’t Now we have a proposed new law that country through the visa system. It want to meet the requirements for sim- would give more authority to the Sec- hasn’t been fixed yet, but we continue plification. retary to continue to waive policies in to promise we will do it sometime. To break the logjam, Senator ENZI the future and would grant the Sec- Even this bill, as I look at it, won’t introduced the Marketplace Fairness retary additional discretion in many close the gaps in the entry-exit visa Act in November of 2011. This new bill areas. system. It will not fix that problem. is nothing like the streamline bill. This is the problem, colleagues: Con- So I think the American people are They are totally different bills with gress tells America we are going to pleading with Congress to do the right different legislation. give legal status—amnesty—imme- thing, to actually make sure we have a This new bill says a State can require diately to some 11 million people who system that serves the national inter- out-of-State sellers to collect sales have entered the country illegally. By est and is fair. No system is fair if peo- taxes on their behalf simply by meet- definition, that is to whom this ap- ple who do the right thing have to wait ing six or so simplification require- plies. And we say: Trust us, we are and wait and wait and people who do ments. But these simplification re- going to have the toughest laws you the wrong thing get rewarded. That is quirements were ones chosen that the have ever heard of in the future. Well, so obvious as to be unmistakable. States could easily or already meet. first, these laws aren’t that tough. Sec- So I look forward to going forward They are window dressing. ondly, it provides multiple waiver au- with a discussion of what we can do to First, the bill says a State must pro- thorities to the Secretary of Homeland improve this system. We certainly need vide software free of charge that cal- Security, and this Secretary has prov- improvement. I certainly respect my culates sales taxes due. What that en she is not willing to have the laws of colleagues who worked on it. I think means to the business owner is 45 dif- this country enforced. She has even their hearts are right. I know their ferent pieces of software. What kind of been sued by her own law enforcement hearts are right. We can do some good software is it going to be? Could it be officers, who have just won at least an things. But I do believe the American a single Microsoft Excel file buried initial victory in a lawsuit in Federal people are right to be dubious. The deep in a State’s Web site? How would Court. American people are right to watch a business make this software work- This is a dramatic example of the this very carefully, and they should able? The bill does not say. problems I have been hearing from not affirm another one of these situa- Let’s say a business thinks the soft- Federal law officers. They need to be tions in which a promise occurs, such ware provided by a State isn’t good

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This bill needs to be knowledged that, like other govern- business will have to purchase software reviewed in a comprehensive and ment institutions, his agency has the or services from a private company to thoughtful manner through regular discretion to fund high-priority collect sales taxes owed for multiple order. projects—over low-priority projects not States. This won’t be free. Businesses I repeat: This bill is not thought a particularly remarkable statement in will also have to pay for the ongoing through. It is bad for Montana, and it and of itself. But we know now that in- service of collecting and filing taxes. is bad for small businesses all across stead of using that discretion, the FAA Second, one of the most confusing our country, and not just nonsales-tax has announced it plans to furlough em- issues a business ever faces with State States. ployees for the remainder of the budg- tax issues is whether it has what is Mr. President, I yield the floor. etary year, potentially leading to called nexus. In tax jargon, that means The PRESIDING OFFICER. The sen- flight delays all across this country. sufficient connection to the State. If ior Senator from Texas is recognized. The FAA’s Director claims he has the business has nexus, it has to collect SEQUESTRATION used all the flexibility allowed to him sales taxes on sales into the State Mr. CORNYN. Mr. President, amid under the law—even though his agency right now—whether or not this pending complaints from the White House spends $541 million on consultants, $179 legislation is passed. This bill does about the FAA furloughs, we need to million on travel, and $134 million on nothing to solve the confusion on keep at least one thing in mind: The office supplies. By comparison, the sequester cuts nexus. Even if it passes, businesses will sequester was President Obama’s idea the FAA budget by $637 million—less still grapple with the issue of whether in the first place. His administration than 4 percent of the agency’s 2012 they have nexus in other States. created it; he signed it into law on Au- budget. I don’t know any business in Why does this matter? This matters gust 2, 2011; and he knew the date it America that can’t manage a 4-percent because the bill sets up rules only for would go into effect. And yet, as the cut in their income. But the FAA ap- those out-of-State sellers with no deadline approached, earlier this year parently can’t, without disrupting the nexus—termed the remote sellers. Does the President and his administration air-traveling public, inconveniencing this sound complicated? It is. It is very traveled the country to stir up anxiety, them, and even creating a hardship complicated. concern, and fear over the imposition This bill creates one set of rules for which is completely unnecessary. of the sequester, warning that the sky We have already seen the FAA exer- sellers that have nexus prior to the would fall like a modern-day Chicken cise discretion to one small extent, and Marketplace Fairness Act, and another Little. that is by delaying the closure of air set of rules for remote sellers. What It has been almost 2 months since the traffic control towers until June 15, does the small business owner do who sequester took effect, and the adminis- after announcing as many as three pre- isn’t sure where his business falls—into tration’s claims that the sky would fall vious final dates for implementation. one category or the other? If you get it have each proven to be false. Much like the proposed tower clo- wrong, that business may be exposed to First, we had the Secretary of Edu- sures, this recent round of furloughs is additional penalties. cation Arne Duncan claiming the being driven not by the necessity of Third, even if the business is clearly school teachers were already getting budget cuts but by political calcula- a remote seller, the so-called sim- pink slips. But that wasn’t true. tions and sheer incompetence, along plification requirements are in no way Then President Obama declared that with the administration’s desire to ap- simple. Streamline—that is the other U.S. Capitol janitors were getting a parently maximize the pain on Amer- legislation that was worked out be- pay cut. But on further examination, ican taxpayers because of their refusal tween about 24 States—was book that proved not to be true. to take our fiscal health seriously. It length. Here, instead, we have a bill Customs and Border Protection ini- boggles the mind. that is only 11 pages. tially told their employees—including We have offered legislation that The bill’s sponsors have thoroughly border agents—that they might be fur- would give the President and this ad- compromised with 100 different fac- loughed. However, a month into the se- ministration the necessary flexibility tions on this, and what they came up quester, Customs and Border Protec- to administer the cuts imposed by the with may look simple on the outside tion walked back that claim and de- sequester—which the President, again, but is total chaos underneath. Remem- cided to make better use of depart- knew was coming since he signed it ber, too, a business still could be forced mental resources. into law on August 2, 2011. But our to file sales tax returns in 50 different The Director of the National Park friends across the aisle blocked that jurisdictions. Some of these returns are Service said the sequester might lead legislation, which would give the FAA due monthly. A business will be subject to cancellation of Washington, DC’s and the executive branch discretion, to all those different jurisdictions’ cherry blossom festival. But as all the and the President’s administration definitions of what is or is not taxable. visitors who flocked to DC can tell you, sent out a statement of administration It varies by State. In addition, small the festival went on as planned, and policy saying that if we passed it, he businesses will be exposed to audit, col- Washington’s Metro reported one of its would veto it. lection, and enforcement by 50 dif- highest ridership days in its history. This morning I joined with Senator ferent States. With all of these bogus claims, it HOEVEN, our colleague from North Da- This bill carves out businesses with seems the administration is desperate kota, to cosponsor bipartisan legisla- less than $1 million in remote sales. to prove it wasn’t crying wolf after all. tion that would direct the FAA to That threshold is too low. Retailers For example, we are learning that eliminate the flight delays it has im- have notoriously low profit margins, the Federal Aviation Administration is posed on air travelers. In order to meet and small businesses can easily surpass now deliberately engineering flight this directive, the bill would give the that threshold with sales. In com- delays—deliberately engineering flight Secretary of Transportation the addi- mittee we could actually look at data delays, just as families gear up for tional authority to transfer funds with- to see what makes sense. We could their summer travel. It is a bizarre, al- in the Department’s existing budget. bring experts in to talk about what a most surreal experience. All across This legislation represents just one of real small seller exception should look America, businesses work hard to take the many proposals that are designed like, rather than arbitrarily picking a care of their customers because they to ensure that the sequester is not used number. know their livelihood depends on their as an excuse to endanger public safety I know Senator DURBIN has invited ability to satisfy their customers’ and security, or inconvenience or cre- Senators to come down to the floor and needs. But when it comes to the admin- ate hardships for the air-traveling pub- offer amendments. Other Senators are istration and the Federal Government, lic.

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The Sen- in there, then they are opening the bill lems. ator is recognized. to go into a lot of different things. So The American people, it would seem Mr. DURBIN. The Senator from Wyo- I hope that would not happen. obvious, deserve more and better from ming and the Senator from Tennessee Of course, there was some question their government. I urge the FAA, No. and I, along with the Senator from earlier in one of the speeches by the 1, to take another look at its budget, North Dakota, have brought this meas- Senator from Montana about the real take a look at those piles of money ure to the floor and invited our col- difficulties of being able to administer that might be available to move leagues to file amendments. We are this. Again, there are only 11 pages in around to help avoid the furloughs and starting to get a response. I can give the bill. Page 4 covers software, free of avoid the inconvenience and disruption this general report, kind of general ob- charge for remote sellers, that cal- to the public or, 2, to use the flexibility servation, because we have to decide culates the sales and use tax on that that we would be glad to give the FAA, how to move forward. transaction due at the time it is com- if it needs additional authority, to So far there are about 13 amend- pleted. It also has to provide a way to make commonsense decisions. ments that have been suggested to us. file the sales and use tax returns, and We don’t need another round of scare I would say, off the top of my head, six it has to be updated for any rate tactics. We need a serious conversation or seven of those I would move to table changes that there happen to be. about our country’s priorities, and a if they are brought to the floor because The responsibility is all on the State budget that reflects them. they all amend the Internal Revenue to provide the software. I think the Mr. President, I yield the floor. Code. They change Federal taxation. provisions that are in there pretty well The PRESIDING OFFICER. The sen- Our bill does not change Federal tax- specify how carefully that has to be ior Senator from Wyoming is recog- ation, and we run into a procedural done. If it is not, there is no liability nized. problem, known as a blue-slip problem, on the remote seller. So I think we Mr. ENZI. Mr. President, I thank the if we amend the Internal Revenue Code have covered that. Senator from Texas for his comments. in the Senate and send that measure Yes, it will be difficult to do that There is definitely a problem. We had over to the House. software, but that is part of the provi- people miss votes on Monday night be- So I urge, and I hope my colleagues sion in here. It can be done. This is a cause the supposed furlough that the will join me, colleagues who want to day, as the Senator from Tennessee air traffic controllers had to have in ef- change the estate tax, gift tax, what- points out, that we can put in a ZIP fect delayed some planes for more than ever it may be, please save that for an- Code and find out what our sales tax is 11⁄2 hours. I looked at some of the num- other day. If they bring it to the floor, going to be. That is what this program bers, and I don’t think that had to hap- if we end up voting before cloture, I is calling for. I think I have that right. pen. Even within areas, there is enough will suggest we table those so we do I rely on the Senator from Tennessee flexibility to do better things. not go to the merits of any of those to answer that question more specifi- I noticed some of the sequester suggestions but simply say that is not cally. things in Wyoming that came out and part of this bill. The PRESIDING OFFICER. The Sen- made calls about them, and found out There are two or three amendments, ator from Tennessee is recognized. that people actually could change one is a managers’ amendment, one is Mr. ALEXANDER. I thank the Sen- within their own budgets some things a technical amendment on our side. As ators from Illinois and Wyoming for they were concerned with and make you can see, we are starting to get past their comments. Basically, the Senator sure it didn’t affect the customer. the halfway point of the amendments from Illinois has said the bill is ready That is just good management. currently filed. Then there are a hand- to be amended. It is here for that pur- One of the things was closing down ful, five or six amendments from Sen- pose. We encourage our colleagues to some of the visitors centers in Yellow- ators from no sales tax States, and bring amendments if they have them. stone and Grand Teton. They are not some of them are fairly predictable as We could have started the amend- open yet because at this time we are to what they want. One is a carve-out ments on Monday if the opponents had just getting the snow cleared out. I amendment which says don’t let the agreed to that. But we were forced, called and asked about keeping them law apply to our States. I think we are through Senate procedure, to go open and they said we don’t have going to have to face that question at through Monday and Tuesday and most enough personnel. some point and so be it. Let’s have a of today in order to deal with the fili- You have a gift shop there. That is a vote on this and move forward. buster. But we are about to be ready to profit center. You are supposed to be But I am still going to join my col- vote on amendments. making money on that. leagues urging everyone with an It was unfortunate; some people have They said the money goes to the gen- amendment, please bring them for- said in a misleading way that this eral fund. ward. Let’s get an understanding of taxes the Internet. Of course, it does I said: Where do you think your what we are going to do next. Those not. There is a Federal law against tax- money comes from? who have already delivered the amend- ing the Internet. The Senator from Ar- The gift shop should operate, and if ments, thank you. I am sorry the Inter- kansas attempted to extend that ban they have a problem with personnel, all net freedom amendment offered by the on taxing the Internet for 10 years and they have to do is the person who runs Senators from Arkansas and Missouri one of the opponents to our legislation the gift shop opens the door, does their was objected to by the Senator from blocked that. He blocked even having a day’s sales, and in the evening as they Oregon because I think it would have vote on that. That is unfortunate. are ready to leave, I hope they would been a good addition to this bill. It is ironic that the Senator from look up and down the street and see if But I yield to my colleagues and ask Montana would object to the fact that another customer was coming, but if for their thoughts, where we stand at this is an 11-page bill. I don’t want to they were not, go ahead and lock the this moment. relitigate some of the other bills we door and leave. That is just good busi- Mr. ENZI. Mr. President, I appreciate have passed around here, but there was ness. That is the way they could oper- that question. One of the reasons there a big hue and cry when Senators got a ate. It is my understanding those gift is difficulty, there is the blue-slip prob- 2,700-page bill that dealt with health shops and visitors centers will now be lem with the House, but also we have care and it was complicated and hard opened. the section on limitations in this bill to read. We have gone in a different di- There are ways that could be han- that appears on page 7. There are only rection. We have an 11-page bill that is dled. To go back to the bill—— 11 pages in this bill so it ought to be the result of work that has gone on

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It has been introduced with exactly It has been my interest, and I want Let me just say categorically, I have these 11 pages since February of this to repeat it, to work out a compromise known Senator DURBIN and Senator year. So everybody can read it. It is on this issue. Our side has put down on ENZI for a long time. They are not in- not complicated. It is plain and simple. paper a number of proposals that we terested in an Oregon business going It is about States rights. I think it is think ought to be the basis for trying away or anybody else’s business going good that we have an uncomplicated to work out a position that would away. That is not their intent. Regret- 11-page bill we all can read and we have allow, from our standpoint, at least tably, that is the effect. I just outlined had plenty of time to read it. some semblance of a right for a State how a small businessperson describes Of course, we would have preferred to to make its own judgments and not be the nature of free markets. have it reported by the Finance Com- coerced into just going along with a We are very proud of what we do in mittee, but they would not report it. piece of legislation that forces our the nursery industry in Oregon. We So the only choice we had was to bring small businesses to collect these taxes like the fact that we are selling high- it to the floor. Now it is open for for everybody else. The way I have quality goods, and we are winning amendment so I hope we will do that. compared it, whenever the proponents those sales over those supplying lower The only other point is it was said of the bill say they are for States quality goods. However, I know this is there is no benefit to an out-of-State rights, what I have said is they are for going to add substantial costs to Or- seller from, say, selling into Tennessee, States rights if they think the State is egon retailers, and in their own words if someone from Wyoming is selling right. they have said this would put them at into Tennessee. Of course there is a I am going to now read some exam- a disadvantage in tough global com- benefit. We are buying that business’s ples because my colleagues have said petition. goods. All we want to be able to do is they want to hear specific instances. I also want to say this—particularly to have the right to say: Mr. Wyoming, Here is what we heard from the Oregon since the Senator from Illinois is if you want to sell into Tennessee, you Nurserymen. These are not big busi- here—because I hope it indicates my are going to play by the same rules the nesses. These are not businesses with desire to try to work something out for Tennessee businesses have to play by. 500 people. These are businesses with purposes of passing this bill. I made an That is all we want to do. The equal five, seven or eight employees. Senator enormous concession for purposes of an protection clause of the Constitution MERKLEY and I are very proud of our agreement. This bill clearly gives a for- guarantees we cannot do anything Oregon nurseries. They produce an ex- eign retailer a leg up over an Oregon worse to you. But if you want to sell to traordinarily high-quality product, retailer or Montana retailer or any- us, you do what we do. ranked one, two or three in every cat- body else because it doesn’t apply to We think that is fair and we think egory of nursery products. those foreign retailers. that not allowing States to consider The reality is those are products that One of my and Senator MERKLEY’s that is forcing States to play ‘‘Mother are being sought out by Americans in constituents, Fire Mountain Gems—lo- May I’’ with Members of Congress every nook and cranny of the Nation. cated in Grants Pass, OR—is competing about matters which should be within That is how free markets are supposed in a tough global market. And what is their own sovereign jurisdiction and to work. The seller of high-quality going to happen is this bill—because it keeping States from doing what they goods wins sales over those supplying will not affect their foreign competi- think is fair. lower quality goods. tion—is going to cause them to spend I thank Senators DURBIN and ENZI for What this bill is going to do, as out- time and money that their foreign their leadership. lined by the small businesses Senator competitors would not have to do. Mr. ENZI. Mr. President, I suggest MERKLEY and I represent, the Oregon They sell all over the country in scores the absence a quorum. Association of Nurserymen, this bill is The PRESIDING OFFICER. The of jurisdictions. This bill gives a big going to add substantial costs to Or- clerk will call the roll. advantage to foreign retailers because The legislative clerk proceeded to egon retailers and make it more dif- it does nothing to, in effect, level the call the roll. ficult for them to compete with lower playing field between the small mer- Mr. WYDEN. Mr. President, I ask quality sellers in other parts of the chants and the businesses that Senator unanimous consent the order for the country. MERKLEY and I represent and their for- quorum call be rescinded. Here is a letter, and I will quote from eign competitors. The PRESIDING OFFICER. Without it, from the Oregon Nurserymen. They For the purpose of a good-faith ef- objection, it is so ordered. are the growers and sellers of plants fort, we have made a concession to try Mr. WYDEN. Mr. President, I think and trees. They are the prototypical to work this out. At this time I am not for the next half hour Senator small business and the backbone of our pressing to have that flaw, which is an MERKLEY and I are going to have the economy. This is a quote: enormous flaw. It gives a significant opportunity to outline specifically how It is my view that this legislation would advantage to foreign retailers over this affects small businesses in the real force small businesses to spend precious time American business. world. That has always been our con- generating endless sales reports for govern- I see the distinguished President of cern. One of the proponents of the bill ment instead of tending to customers, selling the Senate here, and he has been so el- plants and trees, and creating traded sector oquent in standing up for the rights of earlier today talked about big busi- jobs. Oregon growers are far away from their nesses and big businesses getting a free markets and we need to look to knock down American businesses. We have a fea- ride. That is not what this debate is all barriers to sales of our green goods. ture in this bill that actually gives a about if you are from Oregon or Mon- There are fewer than five people at huge windfall to the foreign retailers tana or New Hampshire. What you are these firms. Here is another quote from at the expense of American business. concerned about are your small busi- a small business: I am not asking for that to be cor- rected in this legislation, even though nesses. Let’s call the bill what it is—a transaction These are innovators. They are peo- tax. As the legislation stands now, the bill I think it is enormous discrimination ple without lobbies and political action will impact the marketplace—to the det- against American business. The Sen- committees. They are small businesses. riment of the small business and their abil- ator from Wyoming and I both serve on Someday they would like to be big, but ity to conduct commerce. Congress taxes the Finance Committee. I chair the Fi- they are trying to compete in a nation- things it wants to go away. nance Subcommittee on Global Com- wide marketplace and they are over- That is what these nurserymen, petitiveness. It is awfully hard to be whelmingly in opposition to this bill whom Senator MERKLEY and I rep- globally competitive if we give an ad- and for understandable reasons. resent, are saying about this bill. They vantage to foreign retailers. But in the

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Mr. President, how determined to pull into this involun- Hampshire, the Senators from Mon- much time remains? tary structure States that find the tana—just give us the opportunity to The PRESIDING OFFICER. There is sales tax abhorrent. If they find a tax be able to tell our constituents: You no time agreement. abhorrent—and just a little bit of back- are not going to have this pushed down The Senator from Oregon. ground there. I believe our State has your throat. You are not going to be Mr. MERKLEY. Mr. President, I com- voted nine times on a sales tax. Large- coerced into collecting these sales pliment the senior Senator from Or- ly the vote has been on heavy majori- taxes from thousands of jurisdictions egon who has come to this floor and ties defeating it. Many of those votes around the country. very clearly laid out what is felt in the are 70 to 30. I don’t see how we can have States heart of Oregonians across our State, Some of those reasons for that is be- rights if a State loses its ability to and that is this bill tells Oregonians cause it is an extremely regressive tax. make any judgments at all about areas they have to be the collection agents Another reason is that it is an expen- where it wants to make its own prior- for folks from 45 other States and hun- sive tax to collect; therefore, it is ities. Its priorities are being deter- dreds of local jurisdictions. This is not much less efficient and much more mined right here in Washington, DC, just an expense mandate, it is an offen- government waste. with this legislation with respect to sive intrusion into the rights of the Now we have all these Senators who the collection of sales taxes. Those pri- citizens of our State. are champions of government waste orities are being made here. In that regard, I want to just engage not only forcing an extension of their When Oregon small businesses are in a few questions and thoughts with own State’s wasteful tax system, but being coerced by State governments lo- my colleague from Oregon and try to imposing it upon the small businesses cated thousands of miles from Oregon’s highlight some of the concerns and of Oregon. Then we come to a whole se- borders, I think that is too much. I issues we have. ries of concerns that any small busi- think adding a layer of bureaucracy to I ask through the Chair the senior ness is going to have in this situation. the large and growing national market- Senator from Oregon: As he reads this A small business is told they must place fostered by the Net in the way bill, does he see in it any compensation participate, and basically anything be- this does attacks our most competitive for the time and effort that the busi- yond a single-person shop is pulled into small businesses. nesses in Oregon will have to spend col- this bill. Then they are subjected to— I also want to highlight—because the lecting the tax for hundreds of jurisdic- I think it is over 800 tax jurisdictions— only amendment I have objected to so tions across this country? having to call them and say: We are far today has been the one with respect Mr. WYDEN. I really don’t. I know not sure you gave us the right amount. to the Internet Tax Freedom Act that the sponsors of the legislation keep Is there anything in this bill that I authored back in 1998 in the Senate— talking about how this is not going to says those hundreds of tax jurisdic- the reason I had to object is the text of be a burden, for example, to the busi- tions out there cannot call and basi- this legislation directly undercuts the nesses my colleague advocates for, and cally challenge whether they have the Internet Tax Freedom act, and I will be that there is going to be software, com- right amount of money? specific. puters, and technology. I think my col- Mr. WYDEN. The Senator is right The law we wrote prohibits discrimi- league’s question is pivotal. that certainly those jurisdictions could natory taxes on electronic commerce. There is a little bit of interesting his- challenge Oregon. It goes to the ques- It is section 1101 of the Internet tax tory I think my friend from Wyoming tion, again, of how the systems are not bill. It prohibits discriminatory taxes knows more about than anyone else. in place, so let’s just force Oregon to do on electronic commerce. Under the For years there has been an effort at it even though the systems have not text of the bill, in effect they could re- the State level to try to remove some been available. There are actually quire an Internet company in one of of the hassles and the costs that my more than 9,000 separate taxing juris- these States, such as New Hampshire, colleague has talked about. I think the dictions. to collect sales taxes for the Massachu- official name—and my colleague prob- What we have been told by the pro- setts government. However, if some- ably knows this—is the State stream- ponents of the bill is that they are body drives from Massachusetts to an- lined sales tax project or something going to get this down to a smaller other one of these States, such as New along those lines. number of systems than 9,000. Again, Hampshire, the brick-and-mortar store If it were so simple, and if this was that is why it ought to be possible—if doesn’t have to pump the perspective something that didn’t have the kind of the Senator from Illinois and the Sen- customer for all kinds of information costs for small businesses that my col- ator from Wyoming will negotiate with about where they are from or where league is so concerned about, I think us—to work something out. they are going and the like. we would have already seen it put into We have given them on paper several So the reason—with great reluc- effect by the proponents of the bill. proposals to try to find some common tance—I had to object to adding this The reason we are on the Senate ground where our constituents—folks legislation to this bill that I am the floor talking about it—and talking in Oregon especially, but they are in original author of in the Senate is be- about Oregon businesses being forced New Hampshire and Montana and other cause this bill in its current form di- to do this against their will—is that it States that have made their own judg- rectly undercuts the essence of the is not without costs, it is not without ments—would have the ability to shape Internet Tax Freedom legislation. hassle, and the technology and all of some of our own decisions. As my col- At this time I will yield to my col- the marvels of software and computers league knows, Washington State has a league, Senator MERKLEY. I just want that we have heard about for the pro- sales tax. We don’t have a sales tax. So to make a special note that Senator ponents is not there. They have not our region alone shows that if we could MERKLEY has made a whole host of im- been able to do it through that kind of allow States to come together and portant contributions in the Senate, approach—which is essentially vol- make their own voluntary judgments, and I have been especially pleased he untary—so now they are on the Senate it is pretty clear that folks in Wash- has been a persistent advocate for floor to force States such as Oregon to ington believe they made some of the small business. I know the Senator do it. right decisions for their economy and from Illinois brought up big businesses Mr. MERKLEY. The Senator makes a individuals and we have made our own. in Oregon. The grief we have here is great point. If States have not volun- The fact that a State with a sales tax what this is going to mean to those tarily entered into compacts where and a State without a sales tax coex- small businesses, those nurserymen— they get to collect their own sales tax ist—and quite peaceably—right next to

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Mr. President, I were inside the State of New York, and has not responded in writing to any of think about the small businesses that that means subject to the State organi- the offers we made. would be subject to so many jurisdic- zations inside the government of New We would like to walk through this tions that they now have a tax rela- York, that means audits, that means process and find a way to have some tionship with and the responsibility to fees. It could include court actions. opportunity to tell our constituents— collect for and the possibility of having So we are talking about, as the Sen- particularly the ones Senator MERKLEY to basically call them and say: Well, ator put it, 9,000 jurisdictions that now correctly identified as being small and you didn’t do it right; you didn’t use can make life completely unmanage- going through all of these bureaucratic the right amount or the right software able. It would only take 2 or 3 to make water torture drills—that they are or this or that. it unmanageable, but 9,000 can make it going to be able to shape their own fu- I can’t imagine any small business unmanageable for a small business in ture. wanting to be exposed to, as my col- Oregon. Washington has a sales tax. Oregon league pointed out, 9,000—and even if it Now, my colleague from Illinois has doesn’t. The Senator from Illinois is consolidated into 800, that is still a said it is OK for small business because keeps talking about how Oregon is lot of people to deal with. If we have to we put in an exemption for selling $1 going to be some huge haven if we get deal with five or six, that is over- million online. That is no kind of an an opportunity to initiate a voluntary whelming. But then the question be- exemption at all. Let me explain. Let’s compact. That hasn’t happened today. comes whether those States have the say a small business is selling $1 mil- When we have one State and another power to audit the Oregon small busi- lion online and they have a 5-percent that are borders—as my colleagues nesses as collectors of a tax, just as margin. That means they are making know, we are very close. We have kept they might audit any other group that $50,000 a year. After they basically rec- the peace. We can work out these ap- was collecting sales tax for their State. ognize that a person is working for proaches. Mr. WYDEN. Again, it sure looks as themselves—they have no benefits sep- To have Senator MERKLEY and I con- though those are going to be the kinds arate from that—that is a very modest, cede on the major point, which is the of burdens our States—the ones with- middle income. That is one person. So provision that gives a foreign retailer a out a sales tax—are going to be sub- this has an exemption for only a busi- leg up in this bill—which I think is a jected to. ness of one—a modestly successful very serious defect, and I think a lot of The proponents say: That is not business of one—which means every Senators who vote for this bill, when going to happen. There is going to other business in the State that is en- they see that it is going to be a huge magically be all of this software and gaged online is subject to this provi- advantage for foreign retailers, they all of this technology, so if anybody sion. are going to have some real misgivings wants to come back and look later, So while others may feel comfortable about that—we gave that up for pur- this is not going to be hard to respond telling their home State small busi- poses of this. We have made conces- to. nesses—and this would include those in sions. We can’t even get an offer in I just know, looking at all of the the 45 sales tax States—that they are writing about something to negotiate businesses that have been in touch subject to audits and fees and court ac- that would incorporate a way to pro- with us—including A to Z Wineworks, tion from 9,000 other entities, I am cer- tect our States from the kinds of fea- for example. We have clothing stores, tainly not comfortable telling the tures Senator MERKLEY has correctly such as Queen Bee, a quintessential small businesses of Oregon they are described. small business that is employing eight going to be facing this type of incred- skilled staff members who all help to ible bureaucracy created by some of I especially appreciate him going bring the designs to life at the Hive on the folks who come to the floor and say through the specifics, as he always North Williams Street in Portland. The they are all about small business. does. Senator MERKLEY cited the fact Senator and I know them. Their goods Now, they want small businesses to that this legislation has a provision to are locally crafted in Portland. Re- be audited and fee’d and asked to turn basically compensate people for errors, becca Pearcy there said she—I will up in some other State for a hearing. which suggests to me that they think quote her: That is an outrageous attack on small there are going to be a bunch of errors and the reason they think so is because Building, running, and maintaining a Web business, not to mention our States site is expensive and complicated enough. I that do not have a sales tax. It is an they are right, as my friend from Wyo- can’t imagine having to include the addi- outrageous overplay attacking States ming knows, because they sought in tional infrastructure of charging and paying rights. the effort to try to sort this out during sales taxes to States outside of Oregon. Mr. WYDEN. Mr. President, I the streamlined sales tax discussions These are real businesses with six, couldn’t say it any better than Senator that have gone on for so many years. eight people who, when they hear that MERKLEY. I think he has characterized I wish to yield to Senator MERKLEY they are going to have to pay, that what this legislation is all about better for the last word. It is a pleasure to they are going to run the risk of hav- than anybody I have heard on the floor partner with Senator MERKLEY on so ing these kinds of audits and the like, of the Senate. many issues, and he has described it and that maybe there is going to be I have been in this debate for quite a today as well as anyone has in this dis- software and computers for them to while here. It is about coercion. It is cussion. I thank Senator MERKLEY for take care of it, they say: You have to about putting those small businesses all of his leadership, and I yield to him be kidding. We can’t put our business Senator MERKLEY is talking about for closing it up, as our small busi- at risk on the promise of that kind of through sort of the equivalent of bu- nesses in Oregon, such as the Oregon hope and a Washington promise. reaucratic water torture. I have ex- Association of Nurserymen, have been Mr. MERKLEY. Well, I appreciate plained how the text of it in its present talking to us about. the Senator expanding on that. form directly violates the prohibition Mr. MERKLEY. I thank my senior On page 6 of this bill, there is a line in the Internet Tax Freedom Act of dis- Senator for his championing and his that starts out very promising: ‘‘Re- criminatory taxes. leadership and his longtime defense of lieve remote sellers and certified soft- Again, to the sponsors of the legisla- the Internet as a place of fair trans- ware providers from liability to the tion, I wish to repeat that I and Sen- actions for small businesses and large, State or locality for incorrect collec- ator MERKLEY and Senator SHAHEEN, as a tax-free zone. I hope this Chamber tion and remittance . . . ’’ Well, that Senator AYOTTE, the two Montana Sen- is not engaging in a course that is sounds OK. That sounds as though you ators—we have put down on paper—on going to change that dramatically, as are not subject to an audit. But then it paper, I say to my colleagues—specific it seems so intent on doing at this mo- goes on to say, only from basically an offers to try to work this out. Senator ment.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2947 I am very struck by the correct point Senate—creating new opportunities for States and not collect the sales tax my colleague made about foreign com- Oregon small businesses to succeed in owed to that State. That is it. We are panies. Here we have a company in this tough economy. But that is the op- not forcing them to sell in Illinois or Canada that is not subject to this bill. posite of what we are doing here. Wyoming. That is a business decision We have a company in Mexico that is Maybe that is why Oregonians are they are making. We are just saying: If not subject to this bill. For that mat- overwhelmingly opposed to this bill. you sell, collect the sales tax required ter, we have a company in Nigeria or I think it is clear that there are some by Illinois law, Wyoming law, Con- anywhere else in the world not subject ideas for which, if someone passion- necticut law. That is what it comes to this bill. So when American busi- ately believes in them, they are willing down to. nesses say we should maintain a level to try them out, they are willing to de- Why is it important? It is important playing field to keep business in Amer- velop a pilot project before they im- because businesses in our State—small ica, allow us to play on a level playing pose it on the entire Nation. businesses—are competing with Inter- field, they are certainly hoping we Certainly out of the 45 States, since net retailers that get an automatic dis- won’t pass something such as this that so many have come to the floor rep- count when they do not collect the gives such an enormous advantage to resenting their States passionately, sales tax. other nations. saying this should be done, why don’t I listened to the explanation given by I must say that constituents have they have a pilot project among their one of my friends from Oregon here, been weighing in on this issue. I don’t States and demonstrate that this is not and he said that I am defying the nat- think it would surprise anyone to know going to be a burden in which there are ural forces of the free market system, that they don’t like it. Ninety-eight audits and fees and court appearances where good-quality goods are chosen percent are writing in to us to say: We and phone calls from the some 9,600 ju- over lower quality goods. Well, I can- don’t like it. We don’t like the idea of risdictions my senior colleague has not argue about the pine trees that are other States auditing our businesses. pointed out? Why don’t they dem- grown in Oregon because I do not know We don’t like being asked to be a tax onstrate that first before they decide if they are better than the pine trees collection agency for another State. to run an attack on the success of grown in Washington or some other Oregon is not asking anyone else to small businesses in the State of Oregon place. But we are dealing in many in- do that unless they have a State-to- and, for that matter, across this Na- stances here with identical goods—the State compact, which is exactly the tion? How about that? That is a fair Nike running shoes that you can buy at way this could have been done and proposal. Run a pilot project. Chris Koos’ sporting goods store in should have been done but hasn’t been If you love this idea so much, do it Normal, IL, or buy over the Internet done because the States couldn’t agree, among yourselves and demonstrate it with no sales tax. It is not a question even though they were sales tax and bring the report back to this of good quality versus bad quality; it is States. That tells us quite a lot. Chamber for further conversation. But a question of sales tax or no sales tax. They don’t like the idea of being sub- the idea of coercing my citizens of the So what the Oregonians have sug- gested to us is what they consider to be ject to bureaucrats or the potential for State of Oregon to do your work, with a perfect solution: Remove any require- legal action where they might have to enormous imposition and uncertainty, ment for their Internet retailers to col- travel to another State, and they don’t when they are trying to succeed as lect sales tax from anybody. Therefore, like the idea that there is absolutely small businesses—and when small busi- no compensation for the enormous im- there would be no Federal mandate. nesses are the power of creating jobs in Well, let me remind them, there is no position this bill places on the small this country—that is wrong. Federal tax in this bill. There is no new businesses of Oregon. That is quite a So for those who speak about the tax in this bill—State, local, or Fed- lot not to like. So, of course, it is 98 heavy hand of government, those who eral. All we are asking for is the basics. percent against this bill. speak about the power of small busi- I thought I would read one such let- If Oregonians want to sell in an adjoin- nesses, those who speak about bureauc- ing State such as California, they will ter: racy and imposition, then live your collect the sales tax owed to California Please do not support the Marketplace words in action and kill this vicious at- Fairness Act. It is not fair to businesses like and pay it back. tack on small businesses across this Then I listened to them describe how mine that other States could tax my Oregon- Nation. based company. The voters of Oregon have onerous this would be. Right now, Thank you, Mr. President. eBay, which is no friend of this bill, of- continually voted down sales taxes as a The ACTING PRESIDENT pro tem- method of collecting revenue within our fers a service available to businesses State. It should not be imposed on us by pore. The Senator from Illinois. that they can buy that will tell them other States. If these States have problems Mr. DURBIN. Mr. President, I under- the exact sales tax to be collected with their collection, they should figure it stand the passion of my colleagues based on your ZIP Code and address, out with the help of their local populace . . . from Oregon. Oregon is one of five and that service costs—listen to this My company is an Internet retailer and we States with no sales tax. I know they onerous cost—$15 a month. It is $15 a are able to compete and create jobs on a have voted down a sales tax by state- level playing field. month. If you want to go to the highest The dynamics of this fight will have con- wide referendum repeatedly, by mar- Cadillac version, it is $140 a month— sequences for mid-sized retailers like mine, gins of 2 to 1, I am told. So it is clear less than $2,000 a year. especially companies based in Oregon. Big they have a passionate feeling about no Incidentally, in our bill we require retailers are fighting to limit our ability to sales tax in Oregon. the States that are asking for the col- compete with them. Their goals are to have Here is the good news. The bill Sen- lection of sales tax to provide, free of local footprints and employees across the ator ENZI and I have introduced and charge, software to every Internet re- country in major metropolitan markets. want to pass in the Senate will not im- They should pay those local taxes and fees tailer so they can collect this without pose one penny of sales tax obligation any expense to their business. where they are a burden. Companies like on anyone living in Oregon. Whether mine, that have not chosen to be in that This is not onerous. It is not unfair. model, should not. they are purchasing over the counter It is just basic leveling of the playing Please continue to support the Internet’s or they are purchasing over the Inter- field. free market. Please protect Oregon business net—not one penny of sales tax liabil- I want to yield the floor to my friend and maybe even create some new opportuni- ity. Their States rights are protected. from Wyoming, my cosponsor of this ties. Their passion against sales tax is hon- measure. That is what we should be doing in ored. And the same is true in Alaska, The ACTING PRESIDENT pro tem- the U.S. Senate—creating new opportu- Montana, New Hampshire, and Dela- pore. The Senator from Wyoming. nities for Oregon small businesses to ware—all the other no-sales-tax States. Mr. ENZI. Mr. President, Senator succeed in this tough economy. That is But this is what it really gets down BROWN was here earlier, and I had what this business owner in Oregon be- to. This is not about the people in Or- wanted to be able to speak briefly. So lieves, and I will repeat that sentence egon paying a sales tax. It is about the if, when I finish my remarks, he is since the writer made that point: That businesses—the Internet businesses in here, I ask unanimous consent that he is what we should be doing in the U.S. Oregon that want to sell into other be recognized to speak.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2948 CONGRESSIONAL RECORD — SENATE April 24, 2013 The ACTING PRESIDENT pro tem- retailer is because they are sure it can Wyoming, for his good work on this pore. Without objection, it is so or- be done. legislation and for his always cour- dered. I was fascinated by the audits. If teous demeanor. Mr. ENZI. I want to talk about what they are using that computer program, Mr. President, I ask unanimous con- we have just heard here and an impli- how could they vary from what they sent to speak as in morning business cation that we are not champions of actually take in to actually sell? The for up to 8 minutes. small business. program takes it in, the program holds The ACTING PRESIDENT pro tem- I was in small business. I had it, and the program sends it out with pore. Without objection, it is so or- shoestores, retail shoestores, so that is the report. There is not a lot of room dered. why I know some of these problems. I for error. WORKING FAMILIES TAX RELIEF ACT know about the people coming in, try- Then they say they are going to be Mr. BROWN. Mr. President, this ing on the shoes, getting exactly what running around auditing those firms. week Senator DURBIN and I are intro- fits, having all of the service of looking They are going to audit the firm that ducing the Working Families Tax Re- through all of the styles and that sort looks as if it is shipping everything ev- lief Act with a majority of my Demo- of thing, and then leaving and making erywhere and not reporting at all. That cratic colleagues on the Senate Fi- a purchase on the Internet. is what accountants do. They figure nance Committee. Talking to other retailers now, that out the high risk. They are not going For a number of years, one area of bi- is not the biggest irritation. They buy to go in and look for pennies here and partisan agreement in Washington has it on the Internet, the product has a there. They go in and look for enough been on the need for comprehensive tax problem—and every product has the po- to at least cover the cost of the audit. reform. Tax reform can clear the Code tential of having some problem—and If you are not doing probably 10 or 20 of wasteful carve-outs and special in- they bring it back to the store where times the value of the audit, you are terest loopholes. they got the free service, where they not going to be hired to do many of Senator ENZI was part of a bipartisan did not buy the shoe, and they ask for them. meeting that the Finance Committee it to be replaced. I hope people can see So those that are complying, using is wont to do, sitting around a table the inequity in that. the program, they are not going to talking about these issues, just last But we are not talking about the have any problem. week. small business like the shoestore I had. But this exempts all the businesses We understand that comprehensive We are talking about small businesses that are doing less than $1 million on- tax reform can place American compa- that are selling online and are doing line in a given year. Until you do $1 nies on an even footing with foreign over $1 million a year in sales. I do not million online in a given year, you are competitors. It can reduce the deficit. think people would consider that to be exempt from it. It can provide a shot in the arm to eco- I would imagine that a lot of those a really small business—$1 million in nomic competitiveness and growth. On nurseries do not hit the million-dollar sales. If they are doing $1 million in that there is agreement. mark. They would like to hit the mil- sales, you can pretty much guarantee What comprehensive reform should lion-dollar mark, and I would like that they are automated. They are not do—and there is general agreement them to hit the million-dollar mark, automated in their manufacturing, on this also—is undermine the earned- and if they got to that million-dollar they are automated in their sales. That income tax credit and the child tax mark, I think they would be so over- means they have a computer. Not credit. These credits are the single joyed, they would say: I am auto- many businesses today function with- most effective incentive to increase mating on the computer. I will be out a computer. If they have a com- happy to do it because maybe I can sell low-income parents participating in puter, you would be amazed at some of $2 million worth of sales if that is the the workforce and reward work and the things those computers will do. case. promote family formation—all goals I go back to Wyoming almost every Now, comments on the streamlined which we, I believe, all seek. That is weekend, and I visit businesses. I visit sales tax. My State was one of the first why support for these programs in the businesses so they can tell me what ones to get into it. So was South Da- past has been broad-based and bipar- kinds of problems the Federal Govern- kota, so were Nebraska and another 20, tisan. ment is causing for them. I am amazed 21 States besides those. The comment President Reagan and former Rep- at the automation they have. I am was that you cannot streamline this. resentative Jack Kemp—the former amazed at what they are able to do. What kind of incentive has there been running mate of Senator Dole in a And most of it is because of computers. for them to streamline it more? The Presidential election—were champions Now we are saying—and I think com- purpose of the compact is to streamline of the modern earned-income tax cred- puters kind of started out on that it more, but at the moment they are it. When it was expanded in 1986, Presi- coast—that computers just do not have having to protect their sales within dent Reagan said it is ‘‘the best anti- the capability to do these kinds of their State to make sure they are not poverty, the best pro-family, the best things. To be able to figure a sales tax? losing the revenues they were already job creation measure to come out of All you have to have is a ZIP Code, and counting on. Congress.’’ He was right. it eliminates the 9,600 jurisdictions we They knew there was this little Su- In Ohio some 1 million households re- are talking about here. That computer preme Court case that is now 20 years ceived the EITC—the earned-income can figure that sales tax, and at the old that challenged us to fix it. That is tax credit—and 665,000 households re- end of the month, that same computer what we are trying to do here—fix it. If ceived the CTC—the child tax credit— will have kept track of all of this stuff, that fix goes in, I am betting that a lot on average in the 3 years of 2009, 2010, and it will do the reports that are nec- more States will join the streamlined and 2011. essary electronically. It can probably sales tax and it will streamline more That is why this week Senator DUR- do that with about five or six key taps, than what we envisioned. But even if BIN and I, along with most of our maybe less than that. I am sure they they do not, there are requirements in Democratic colleagues, are introducing could actually be set to send the report here that keep it uniform enough. And the Working Families Tax Relief Act. on the last day of the month at a spe- with the computers, we can show ex- Our bill would make permanent the cific hour. That is how computers amples of how people already do this 2009 levels for the earned-income tax work. sort of thing on the computer. That credit and the child tax credit. It would So an argument that this cannot be should take care of a lot of their prob- index the child tax credit for inflation. done—I do not think anybody will buy lems. It would allow workers without chil- that. And the States would not be will- I yield the floor under the previous dren to access the full earned-income ing to provide those programs free of order for Senator BROWN. tax credit. It would reduce the full charge and then put in the protections The ACTING PRESIDENT pro tem- earned-income tax credit access age to from liabilities and errors if they were pore. The Senator from Ohio. 21. It would simplify the filing process not sure they could do it. The reason Mr. BROWN. Mr. President, I thank to reduce fraud because there is some they put in those protections for the Senator ENZI, the senior Senator from acknowledged fraud in this program, as

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2949 there is throughout the tax system. very hopeful that Senator BAUCUS in 110TH CONGRESS (2007–2008) And I have pledged to many of my col- his last year and a half in the Senate, S. 34, Sales Tax Fairness and Simplifica- leagues on both sides of the aisle, as with Ranking Member HATCH and lead- tion Act, Senator Michael Enzi—introduced this bill moves forward, to work to re- ers from that committee such as Sen- 5/22/2007, Referred to: Senate Finance. Senate Commerce Committee hearing on duce that fraud. ator WYDEN and Senator ENZI and oth- The Recovery Act of 4 years ago ex- ‘‘Communications, Federalism, and Tax- ers, can reform the Tax Code, can put ation’’ where it was discussed—5/23/2007. panded access and refundability for measures in place to prevent fraud. 111TH CONGRESS (2009–2010) both the EITC and CTC. It was meant As we introduce the Working Fami- to respond to the great recession but lies Tax Relief Act, I remain hopeful No bill introduced. also to ensure the country’s finest our colleagues across the aisle will 112TH CONGRESS (2011–2012) antipoverty programs keep up with the work with us to make these credits a S. 1452, the Main Street Fairness Act, Sen- times. Making these credits permanent part of tax reform. ator Dick Durbin—introduced 7/29/2011, Re- at the current level is critical to fight- I yield the floor. ferred to: Senate Finance. S. 1832, the Marketplace Fairness Act, Sen- ing poverty. The ACTING PRESIDENT pro tem- In 2011, the EITC and CTC lifted 10 ator Michael Enzi—introduced 11/9/2011, Re- pore. The Senator from Tennessee. ferred to: Senate Finance. million people, including 5 million chil- Mr. ALEXANDER. Mr. President, I 11/30/2011—House Judiciary Committee dren, out of poverty. The EITC has have enjoyed the discussion on the hearing on ‘‘Constitutional Limitations on helped nearly half a million single Marketplace Fairness Act. It is nice to States’ Authority to Collect Sales Taxes in mothers enter the workforce. These have a good debate and I am looking E-Commerce.’’ credits do not just reward work, they forward to voting on amendments that 1/31/2012—Official letter signed by 12 bipar- provide lifelong benefits to children. are here. tisan Senators requesting Finance Com- We know from studies that it improves I wish to address two or three points mittee hearing on S. 1832. health outcomes, it increases earning 2/1/2012—Letter sent by 208 national, state that have been made during the debate. and local organizations and companies re- potential for children in low-income The first is about what we call here questing a hearing on S. 1832, the Market- families, because those families pulled regular order. What we mean by that is place Fairness Act. out of poverty can give advantages to that the bill was introduced, it goes to 4/25/2012—Senate Finance Committee hear- those children that pay off later in life a committee, and the committee re- ing on state and local tax issues, including S. they could not give to those children in ports it to the floor, and we bring it up 1832, the Marketplace Fairness Act. those families if their incomes were on the floor, and we have a debate and 7/11/2012—S. Amdt. 2495, the Marketplace below the poverty line. Fairness Act, filed to the Small Business then we vote on it. We want to see Jobs and Tax Relief Act. Expectant mothers who receive the more of that around here. EITC are more likely to receive pre- 7/25/2012—Official letter signed by 16 bipar- Well, the problem with this bill is tisan Senators requesting a Finance Com- natal care. These are not opinions; that the Finance Committee would not mittee markup on S. 1832, the Marketplace they are fact. Newborns are more like- act on it. Let’s be straightforward Fairness Act. ly to experience birth indicators, such about it. This bill has been around a 7/24/2012—House Judiciary Committee hear- as low weight and premature birth. Be- long time. The Finance Committee ing on H.R. 3189, the Marketplace Fairness hind all of these statistics are real peo- chairman is the only one who can Equity Act of 2011. 8/1/2012—Senate Commerce Committee ple, people whose lives and opportuni- schedule a hearing and cause it to be ties are improved because of these hearing on ‘‘Marketplace Fairness: Leveling acted on. He did not want to do that, the Playing Field for Small Business.’’ credits. despite the fact that we asked him to Let me share a story. Michelle Eddy, 11/29/2012—S. Amdt. 3223, the Marketplace do it. So as a result, the majority lead- Fairness Act, filed to the National Defense a Cleveland native, is a single mother er used a procedure that brings the bill Authorizations Act. Amendment was blocked who works hard to support her two from getting a vote. daughters. One is 9, the younger is 4. to the floor. To underscore that, let me ask unan- 113TH CONGRESS (2013–2014) This year the Neighborhood Housing imous consent to have printed in the S. 336, The Marketplace Fairness Act, Sen- Services of Greater Cleveland helped RECORD a timeline for the Marketplace ator Michael Enzi—introduced 2/14/2013, Re- Ms. Eddy prepare her tax return. She Fairness Act. It details the steps we ferred to: Senate Finance. was able to use the credits she received 2/14/2013—Official letter signed by 16 bipar- from Earned Income Tax Credit and have taken since 2001. There being no objection, the mate- tisan Senators requesting Finance Com- Child Tax Credit to pay for school sup- mittee hearing on S. 336, the Marketplace rial was ordered to be printed in the plies, uniforms, and daycare for her Fairness Act. RECORD, as follows: two daughters. 3/21/2013—S. Amdt. 578 (Enzi 2nd Degree S. She has worked in a retail store as a MARKETPLACE FAIRNESS TIMELINE Amdt. #656)—Deficit Neutral Reserve Fund shift manager for 5 years. She recently, 107TH CONGRESS (2001–2002) enabling Congress to pass the Marketplace though, started a new job as a res- S. 512, Internet Tax Moratorium and Eq- Fairness Act. Senate Record Vote #62—Enzi Amendment agreed to 75 to 24. taurant server so she can spend eve- uity Act, Senator Byron Dorgan—introduced nings and weekends with her daugh- 3/9/2001, Referred to: Senate Finance, Finance Mr. ALEXANDER. To summarize ters. Without EITC, without CTC, she Committee hearing—8/1/2001. some of these steps, this began in the S. 1542, Internet Tax Moratorium and Eq- 107th Congress in 2001. Now Senator would almost certainly have to work a uity Act, Senator Michael Enzi—introduced second job to make ends meet, leaving ENZI started even before that, I think, 10/11/2001, Referred to: Senate Commerce. with Senator Dorgan. They introduced her children at home without her far S. 1567, Internet Tax Moratorium and Eq- too often. The EITC and the CTC are uity Act, Senator Michael Enzi—introduced the Internet Tax Moratorium and Eq- not what make Michele Eddy a good 10/18/2001, Referred to: Senate Commerce. uity Act in 2000 and 2001. Then in 2003, mother, but they enable her to be there Senate Amdt. #2156 to H.R. 1552, Motion to the Streamlined Sales and Use Tax Act with her children when they need her table amendment was agreed to—57 to 43 on was introduced by Senator ENZI. That most. 11/15/2001. is 10 years ago. Right now, some 30 percent of chil- 108TH CONGRESS (2003–2004) Then again in 2005 and 2006 Senator dren under the age of 3 are in families S. 1736, Streamlined Sales and Use Tax ENZI and Senator Dorgan. Then again with too little earnings to qualify for Act, Senator Michael Enzi—introduced 10/15/ in 2007 and 2008, Senator ENZI. In the full CTC. Even worse, nearly 13 percent 2003, Referred to: Senate Finance. 111th Congress no bill was introduced. of children under 3 are in families with 109TH CONGRESS (2005–2006) But now we are getting to a little more no earnings, and as such get into CTC S. 2152, Sales Tax Fairness and Simplifica- recent history. Last Congress, 2011 and or EITC. We know the Child Tax Credit tion Act, Senator Michael Enzi—introduced 2012, Senator DURBIN introduced the is not indexed for inflation. By the end 12/20/2005, Referred to: Senate Finance. Main Street Fairness Act. Senator S. 2153, Streamlined Sales Tax Simplifica- ENZI joined him in that. It was referred of the decade another 1 million chil- tion Act, Senator Byron Dorgan—introduced dren will be forced to grow up in pov- 12/20/2005, Referred to: Senate Finance. to the Senate Finance Committee. erty. Senate Finance Subcommittee on Inter- So for all of that time, the Finance The CTC needs to be more robust. We national Trade hearing on sales tax fairness Committee has had an opportunity to need to reform the Tax Code now. I am and other state/local tax issues—7/25/2006. work on this legislation in the way

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2950 CONGRESSIONAL RECORD — SENATE April 24, 2013 they thought it should be. There were State taxation of the Internet. Senator Fairness Act of 2013 because it gives states hearings in the Senate Commerce Com- PRYOR of Arkansas sought to extend the right to decide what works best for their mittee in August of 2012 on essentially that ban for 10 more years today. The local governments, residents, and businesses. Given the fiscal constraints all levels of gov- the same 11-page bill that has been in- opponents of the bill objected even to a ernment are facing, we should allow states troduced here today and that we are vote on taxing the Internet. This is to enforce their own tax laws. acting on. very disappointing. That is the infor- The Finance Committee held a hearing There was a partial hearing in the mation about the timeline I wanted to last Congress titled, ‘‘Tax Reform: What It Senate Finance Committee during that put in. Means for State and Local Tax and Fiscal year. But that was all. Then, in this Here is some more information that I Policy,’’ on April 25, 2012, which highlighted year, in February, on Valentine’s Day, ask unanimous consent to have printed the growing demand to close this particular loophole. Two witnesses, Kim Rueben and Senator ENZI introduced the Market- in the RECORD at this point. Sanford Zinman, expressed the need for bet- place Fairness Act we are debating There being no objection, the mate- ter federal polices to allow the collection of here, this 11-page bill. There was a let- rial was ordered to be printed in the sales and use taxes from online sales. In fact, ter from 16 Senators, Republicans and RECORD, as follows: Dr. Rueben called passing legislation similar Democrats, asking the Finance Com- U.S. SENATE, to the Marketplace Fairness Act of 2013 a mittee to hold a hearing and to deal Washington, DC, February 14, 2013. ‘‘no-brainer.’’ We appreciate your willing- with it. But it has not. Hon. MAX BAUCUS, ness to address this issue and would request I respect the decision of the chair- Chairman, Committee on Finance, Dirksen Sen- an additional forum to further discuss the man to be opposed to the bill and not ate Office Building, Washington, DC. impacts of this legislation on the U.S. econ- Hon. ORRIN HATCH, omy. to hold a hearing and not to report the Ranking Member, Committee on Finance, Dirk- The Finance Committee is in the best posi- bill to the floor. But if he does that, sen Senate Office Building, Washington, tion to address the collection of sales and then I would suggest he should respect DC. use taxes on remote sales. We urge the Com- the right of the majority leader to DEAR CHAIRMAN BAUCUS AND RANKING MEM- mittee to hold a markup on the Marketplace bring the bill to the floor and allow the BER HATCH: We urge the Finance Committee Fairness Act of 2013 at the earliest date pos- Senate to debate it. to markup the Marketplace Fairness Act of sible. Thank you, in advance, for your con- As far as the regular order goes, a 2013 at the earliest date possible. This bipar- sideration of this request. Sincerely, week should be long enough to consider tisan legislation would allow States to col- lect the sales and use taxes on remote sales Senator Michael B. Enzi; Senator Dick this bill, which has been in one form or that are already owed under State law. Durbin; Senator Lamar Alexander; another around since 2001. We could Since the 1992 Supreme Court decision, Senator Heidi Heitkamp; Senator John have begun debating amendments on Quill Corporation v. North Dakota, States Boozman; Senator Tim Johnson; Sen- Monday. That is when the bill came to have been unable to collect the sales and use ator Roy Blunt; Senator Jack Reed; the floor. But the opponents filibus- taxes owed on sales by out-of-state catalog Senator Bob Corker; Senator Sheldon tered it. This was not a Republican or and online sellers. Congress has been debat- Whitehouse; Senator Amy Klobucher; a Democratic filibuster, it was both ing solutions to assist States for more than Senator Al Franken; Senator Ben a decade, and some States have been forced Cardin; Senator Dianne Feinstein; Sen- sides, from opponents. And what that to take action on their own, leading to ator Mary Landrieu; Senator Joe deprived us of was an opportunity to greater confusion and further distorting the Manchin. vote and debate amendments on Mon- marketplace. day and Tuesday. Today, 18 bipartisan Senators introduced U.S. SENATE, Then we had another vote. So we the Marketplace Fairness Act of 2013, which Washington, DC., January 31, 2012. have now had three votes, one during would give States the right to decide for Hon. MAX BAUCUS, the budget session, one on cloture on themselves whether to collect—or not to col- Chairman, Committee on Finance, Dirksen Sen- the motion to proceed, and then one on lect—sales and use taxes on all remote sales. ate Office Building, Washington, DC. Congressional action is necessary because the motion to proceed itself. We have Hon. ORRIN HATCH, the ruling stated that the thousands of dif- Ranking Member, Committee on Finance, Dirk- gotten 74, 75 votes each time. It is a ferent state and local sales tax rules are too sen Senate Office Building, Washington, majority of the Democratic Senators, complicated and onerous to require busi- DC. it is a majority of the Republican Sen- nesses to collect sales taxes unless they have DEAR CHAIRMAN BAUCUS AND RANKING MEM- ators. This does not happen all the a physical presence (store, warehouse, etc.) BER HATCH. We urge the Finance Committee time, that we have such strong majori- in the state. to hold a hearing on The Marketplace Fair- ties on each side of the aisle, saying in Today, if an out-of-state retailer refuses to ness Act (S. 1832), bipartisan legislation to three successive votes of 74 and 75 collect sales and use taxes, the burden is on allow States to collect sales and use taxes on the consumer to report the tax on an annual remote sales that are already owed under votes: We favor an important piece of income tax return or a separate state tax State law. For the past 20 years, States have legislation. form. However, most consumers are unaware been prohibited from enforcing their own I would hope the better course would of this legal requirement and very few com- sales and use tax laws on sales by out-of- be to come to some agreement that we ply with the law. Across the country, states state, catalog and online sellers due to the can take the amendments we have here and local governments are losing billions in 1992 Supreme Court decision Quill Corpora- from Democrats and from Republicans, tax revenue that is legally owed. On average, tion v. North Dakota. Congress has been de- bring them up, table them, vote on States depend on sales and use taxes for 20 bating solutions for more than a decade, and them, debate them, and act on this and percent of their annual revenue. According some States have been forced to take action to the National Conference of State Legisla- on their own leading to greater confusion bring this to a conclusion this week. tures, this sales tax loophole will cost states and further distorting the marketplace. Then there is substantial support in and local governments over $23 billion in On November 9, 2011, five Democrats and the House of Representatives for this. avoided taxes this year alone. At a time five Republicans introduced The Market- The bill could then go to the House. when State budgets are under increasing place Fairness Act, which would give states The House could do whatever the pressure, Congress should give States the the right to decide for themselves whether to House wishes. There could be a con- ability to ensure compliance with their own collect—or not to collect—sales and use ference and we could get a result. laws. taxes on all remote sales. Congressional ac- Every attempt has been made by the The Quill decision also put millions of tion is necessary because the ruling stated local retailers at a competitive disadvantage that the thousands of different state and sponsors of this legislation since 2001 by exempting remote retailers from tax col- local sales tax rules were too complicated to bring this through the regular order, lection responsibility. The ‘‘physical pres- and onerous to require businesses to collect which means take it through the com- ence’’ standard means that local retailers in sales taxes unless they have a physical pres- mittee. The opponents of the idea have our communities are required to collect ence in the state. chosen first in the Finance Committee sales taxes, while online and catalog retail- Today, if an out-of-state retailer refuses to to not allow there to be a markup of ers selling in the same state are not required collect sales and use taxes, the burden is on the bill, and then on the floor to not to collect any of these taxes. In effect, this the consumer to report the tax on an annual tax loophole subsidizes some taxpayers at income tax return or a separate state tax allow us to debate amendments. form. However, most consumers are unaware For example, some people say this the expense of others and some businesses over others. of this legal requirement and very few com- legislation taxes the Internet. Of State and local governments, retailers, and ply with the law. Consumers can be audited course, that is 100 percent wrong, be- taxation experts from across the country are and charged with penalties for failing to pay cause there is a Federal law banning urging Congress to pass the Marketplace sales and use taxes.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2951 Across the country, states and local gov- Governors Association urging Senators NATIONAL GOVERNORS ernments are losing billions in tax revenue REID and MCCONNELL to pass this legis- ASSOCIATION, already owed. On average, States depend on lation. I ask unanimous consent that it Washington, DC, April 22, 2013. sales and use taxes for 20% of their annual Hon. HARRY REID, be printed in the RECORD. revenue. According to the National Con- Majority Leader, U.S. Senate, ference of State Legislatures, this sales tax There being no objection, the mate- Washington, DC. loophole will cost states and local govern- rial was ordered to be printed in the Hon. MITCH MCCONNELL ments $23 billion in avoided taxes this year RECORD, as follows: Majority Leader, U.S. Senate, alone. At a time when State budgets are Washington, DC. NATIONAL GOVERNORS under increasing pressure, Congress should DEAR SENATOR REID AND SENATOR MCCON- ASSOCIATION, give States the ability to enforce their own NELL: On behalf of the National Governors Washington, DC, December 11, 2012. laws. Association (NGA), we urge the Senate to Hon. MAX BAUCUS, The Quill decision also put millions of pass S. 743, known as the Marketplace Fair- Chairman, Committee on Finance, U.S. Senate, local retailers at a competitive disadvantage ness Act (MFA), as soon as possible. Washington, DC. by exempting remote retailers from tax col- Just last month, during Senate consider- Hon. ORRIN HATCH, lection responsibility. Local retailers in our ation of its FY14 budget resolution, the Sen- Ranking Member, Committee on Finance, U.S. communities are required to collect sales ate voted 75–24, in support of the MFA. This Senate, Washington, DC. taxes, while online and catalog retailers sell- overwhelming, bipartisan vote stands in ing in the same state are not required to col- DEAR CHAIRMAN BAUCUS AND SENATOR stark contrast to those who oppose this com- lect any of these taxes. This creates a tax HATCH: Never before has the need for legisla- mon-sense legislation. loophole that subsidizes some taxpayers at tion to grant states the authority to collect Never before has the need for legislation to the expense of others and some businesses sales taxes on remote sales been greater. The grant states the authority to collect sales over others. continued disparity between online retailers taxes on remote sales been greater. The con- State and local governments, retailers, and and Main Street businesses is shuttering tinued disparity between online retailers and taxation experts from across the country are stores and undermining state budgets. Con- Main Street businesses is shuttering stores urging Congress to pass The Marketplace gress has the opportunity to level the play- and undermining state budgets. The Senate Fairness Act because it gives states the right ing field for all retailers this year by passing has the opportunity now to level the playing to decide what works best for their local gov- S. 1832, the ‘‘Marketplace Fairness Act.’’ field with 21st Century rules for all retailers. ernments, residents, and businesses. Given Years ago, the Supreme Court ruled that Opponents call this legislation a new tax. our fiscal constraints, we should allow states state sales tax laws were too complex to re- Of course, this is not a new tax, nor is it a to enforce their own tax laws and make sure quire out-of-state sellers to collect sales tax on the Internet or on business. It is that state and local governments and busi- taxes on catalog sales. As a result, states are merely a means of collecting taxes owed on nesses are not left behind in tax reform dis- unable to collect more than $23 billion in the sale of goods and services over the Inter- cussions. The House Judiciary Committee’s sales taxes owed annually from remote sales net. hearing on this single issue on November 30, made through catalogs over the Internet. It From the viewpoint of the states, if a com- 2011, demonstrated the growing demand to also creates an artificial price disparity be- pany is doing business, selling goods and so- close this loophole, and your committee tween goods bought from the corner store liciting customers in their state, that com- would provide the best public forum for an and those bought online. It is in essence an pany should have to play by that state’s open debate in the Senate on the merits of unwarranted yet growing subsidy to Internet rules. If a state has a sales tax on specific this important policy issue. sellers at the expense of brick and mortar goods, then everybody selling those goods The Finance Committee is in the best posi- stores. there should have to collect and remit it. tion to shape the discussion on state and This philosophy is not only fair, it also pro- Failure to act now will only exacerbate local taxation this year, particularly on motes competition, which is good for con- state losses and harm local businesses that sales and use taxes on remote sales. We urge sumers, good for tax equity, and good for are losing sales to online sellers. According the Committee to hold a hearing on the im- business by leveling the playing field and to a leading Internet analytics firm, 2012 hol- plications of The Marketplace Fairness Act creating certainty—all accomplished with- iday online sales are up 14 percent from last at the earliest date possible. Thank you in out affecting the federal budget. year. (Wall Street Journal, Real-Time Eco- advance for your consideration of this re- NGA urges the Senate to take decisive bi- nomics, Dec. 5, 2012.) Cyber Monday was the quest. partisan action and pass S. 743. heaviest online spending day on record at Sincerely, Sincerely, $1.47 billion. The firm attributes the growth Michael B. Enzi, Lamar Alexander; John GOVERNOR TOM CORBETT, to broad strength in the e-commerce sector Boozman; Roy Blunt; Bob Corker; Jeff Chair, Economic De- and the fact that more than half of those Bingaman; Richard Durbin; Tim John- velopment and Com- who use the Internet have already made an son; Jack Reed; Sheldon Whitehouse; merce Committee. online purchase this holiday season. Mark Pryor; Ben Cardin. GOVERNOR STEVEN Mr. ALEXANDER. These are letters The Marketplace Fairness Act restores BESHEAR, from Senators to the leaders of the Fi- fairness by providing states the authority to Vice Chair, Economic collect if they are willing to simplify their nance Committee. The first letter is Development and tax systems to make it easier to do business. Commerce Com- dated January 31, 2012, last year, at the It also provides protection to truly small mittee. beginning of the year. It was from five businesses in your state through a small Mr. ALEXANDER. Now, finally, I ask Democrats and five Republicans who business exception. This common sense ap- introduced the Marketplace Fairness proach will allow states to collect taxes they unanimous consent to have printed in Act. It asks for a hearing, asks for the are owed, help businesses comply with dif- the RECORD the names of the Governors committee to act. That is the first let- ferent state laws, and provide fair competi- and former Governors who support this ter. tion between retailers that will benefit con- legislation. sumers and protect jobs. Furthermore, pas- There being no objection, the mate- The next letter came this year, on sage of the bill will serve as the equivalent of February 14, from 16 Senators, both rial was ordered to be printed in the a $23 billion stimulus to state and local gov- RECORD, as follows: parties, to the Finance Committee, ernments helping to speed recovery and grow asking the Finance Committee to act the economy. Robert Bentley, R-Alabama; Bob McDon- nell, –R-Virginia; Chris Christie, R-New Jer- on the Marketplace Fairness Act. Best of all, the Marketplace Fairness Act Then there is a letter to the leaders sey; Nikki Haley, R-South Carolina; Brain will accomplish these goals without raising Sandoval, R-Nevada; Terry Branstad, R- of the Finance Committee from the Na- taxes or increasing the federal debt. Iowa; Dennis Daugaard, R-South Dakota; tional Governors Association, signed We understand that you would prefer to Paul LePage, R-Maine; Tom Corbett, R- by the Democratic Governor of Wash- take up the Marketplace Fairness Act next Pennsylvania; Mike Pence, R-Indiana; Bill ington and the Republican Governor of year in the context of wide-ranging, com- Haslam, R-Tennessee; Rick Snyder, R-Michi- Tennessee, asking the Finance Com- prehensive tax reform. Frankly, our Main gan; C.L. ‘‘Butch’’ Otter, R-Idaho; Jan Brew- mittee, on behalf of the States, to con- Street businesses and states cannot afford to er, R-Arizona; Bobby Jindal, R-Louisiana; sider this legislation and act on it. The wait. This is our best chance to pass this im- Rick Scott, R-Florida; Nathan Deal, R-Geor- Finance Committee elected not to do portant legislation and we urge your support gia. for enacting S. 1832 this year. Lincoln Chafee, I-Rhode Island. that. Sincerely, Steven Beshear, D-Kentucky; Neil This information will be part of the GOVERNOR CHRIS GREGOIRE, Ambercrombie, D-Hawaii; Mike Bebee, D-Ar- RECORD. Washington. kansas; Jerry Brown, D-California; Mark Finally, there is also a letter dated GOVERNOR BILL HASLAM, Dayton, D-Minnesota; John Hickenlooper, D- April 22 of this year from the National Tennessee. Colorado; Martin O’Malley, D-Maryland;

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2952 CONGRESSIONAL RECORD — SENATE April 24, 2013 Dannell Malloy, D-Connecticut; Jay Nixon, right-to-work law, but I am not going the Speaker of the House, and the Re- D-Missouri; Deval Patrick, D-Massachusetts; to impose that from Washington. publican legislature a lot more than I Patt Quinn, D-Illinois; Earl Ray Tomblin, D- States have the right to be right, do the Senate and Congress to make West Virginia. States have the right to be wrong, and decisions about tax dollars. FORMER GOVERNORS– Washington has no business telling I think I know pretty well what they Mitch Daniles, R-Indiana; Jeb Bush, R- sovereign States what its tax structure will do if they have power to do it. I Florida; Christine Gregoire, D-Washington. ought to be. Washington certainly has suspect they will say they are not Mr. ALEXANDER. I do that with a no business standing in the way of going to pick and choose winners and little bit of obvious bias as a former States stopping discrimination against losers. I know they are going to say Governor. I think it is important that taxpayers and businesses because that that because the Governor and Lieu- the country know what the Governors is exactly what we are doing if we don’t tenant Governor told me. I expect what think, because the legislation we are act. they will say is this will bring in more talking about today is a States rights We are perpetuating discrimination. revenue so we will lower our tax rate bill. It is an 11-page bill. It is a very Most conservatives I know don’t like because we will start collecting money simple, straightforward bill. It simply picking and choosing between winners from all the people who owe it instead says that Tennessee, Alabama, Vir- and losers. of some of the people who owe it. ginia, New Jersey, any State, has the They don’t like treating one tax- It is correct that some Governors right to decide for itself whether it payer one way and one in a similar sit- have already said that. We were told wants to collect taxes that are already uation another way, one business one today that in Ohio they have already owed from some of the people who owe way and another one another way. said if this bill passes, they will collect the taxes or all of the people who owe That is exactly what we are doing if we money from everybody who owes it and the taxes. That is it. That is it. That is don’t act. then they will lower their income all it does. We are discriminating against the taxes. The Governors who supported it are shoestore in Wyoming, against the Art Laffer said in his column in the the Governor of Alabama, Virginia, boot store in Nashville, and against the Wall Street Journal: That is precisely New Jersey, South Carolina, Nevada, small store in Maryville, TN. We are what we ought to do to stimulate Iowa, South Dakota, Maine, Pennsyl- saying collect the tax when you sell growth. He said: If we are going to have vania, Indiana, Tennessee, Michigan, something, but if your competitor from a tax, the best tax, said Mr. Laffer, is Governor Otter of Idaho, Arizona, Lou- outside your State sells it, he or she a tax that covers the largest number of isiana, Florida, Georgia, Rhode Island, does not have to. That is discrimina- people at the lowest possible rate. Kentucky, Hawaii. tion. If that is the case, what we are per- I just read a bunch of Republican That is why the leading conserv- petuating within action is the worst Governors. Now I am into the Demo- atives such as the chairman of the kind of tax, which is the tax that crats: Kentucky, Hawaii, Arkansas, American Conservative Union, William States are allowed to tax a smaller California, Minnesota, Colorado, Mary- Buckley, before he died; and Art Laffer, range of people at a higher rate. This land, Connecticut, Missouri, Massachu- the economist who helped President permits them to tax all the people who setts, Illinois and West Virginia. The Reagan develop his ideas; and the Gov- are in a similarly situated place at a former Governors include Mitch Dan- ernors such as Mitch Daniels, Jeb lower rate, if that is what they choose iels, Jeb Bush, and the former Demo- Bush, Chris Christie, and Bill Haslam, to do. cratic Governor of Washington. that is why these conservatives say The arrogance of those in Wash- Here we have a bill on the floor that they support the bill. ington who would say they don’t trust we have voted on three times already We are not even deciding whether the States to make those decisions, that has a majority of the Democratic States will collect taxes from out-of- they need to go back to seventh grade, Senators and a majority of the Repub- State sellers. We are just saying States read the U.S. Constitution and learn a lican Senators, and 75 votes three have the right to do it. Of course they little American history about where times—74 one time, 75 twice. The bill have the right to do it. this country came from. also has the support of a long list of That is why I am including this list I am very proud of this Senate for, on Republican Governors—actually more of Governors. I think it is part of our this important issue led by Senator Republican than Democratic Gov- job as Senators to respect the sov- DURBIN and Senator ENZI, coming up ernors. Yet we have got some people in ereign States from where we come, to with 75 and 74 votes 3 consecutive Washington who say, we do not trust respect the rights of the States to not times to say we believe in a two-word the States to make these decisions. I think that just because we are in principle on this 11-page bill, States wonder if these people have ever read Washington we know better. Most Ten- rights or 10th Amendment, that we will the Constitution of the United States? nesseans don’t like that. recognize the power of States to make I wonder if they know what the 10th I know when I was Governor nothing their own decisions. Amendment says? This was a very im- used to make me madder than a bunch If we don’t act, all these claims about portant part of the creation of this of legislators coming up with some what happened to the 9,600 jurisdic- country. bright idea in Washington, passing it, tions will come true. Some Governor— Sovereign States had reserved to turning it into a law, holding a press I know I would do it if I were still them their powers. They didn’t expect conference, taking the credit for it, and there—the Senate didn’t act on this, to come to Washington and play then sending the bill to me. The next the Congress didn’t act, I would go ‘‘Mother May I’’ to a bunch of Senators thing you know they would be home right back to the Supreme Court. I and Congressmen who fly here on air- making a speech at the Lincoln Day would bet that 20 years after the Quill planes and think they are smarter than Dinner or Jefferson Day Dinner, if they case that Senator HEITKAMP brought, they were when they left Nashville, were a Democrat, about local control. back before there was an Internet, Memphis or wherever their hometown Well, it is about local control. when the Court then said that requir- is. The purpose of this bill is to leave The idea that people in Washington ing out-of-State sellers to collect the within the States the responsibility for would say we don’t trust the States to tax was burdensome, they would look making decisions. make decisions about how to spend at the Internet. Some people up here think they money, look at our record. We are run- Those Justices know they can find know best. Maybe they do, maybe they ning up trillion-dollar deficits every out the weather in their hometowns by don’t. Tennessee doesn’t have an in- year, borrowing 26 cents out of every $1 putting in the ZIP Code and putting in come tax. I would like for every State we spend. the name of the town. They know that not to have an income tax, but I am I come from a State that has no an out-of-State seller could figure out not going to impose that from Wash- State debt on roads. It has to balance the sales tax from the ZIP Code of the ington just because I am a Senator. the budget every year. It has a AAA buyer. They know that. Tennessee has a right-to-work law. I bond rating. I would trust Governor I will predict that they would hold it would like for every State to have a Haslam, Lieutenant Governor Ramsey, is not an undue burden, and then all

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2953 the out-of-State sellers really would lution has caused the global pH of the prevent economic losses and job losses have 9,600 jurisdictions to deal with. upper ocean to increase nearly 30 per- due to degraded shores and degraded We are simplifying, and we are creating cent—by some measures nearly 40 per- waters. something that will work. We are fol- cent—since preindustrial times. Our coasts need immediate attention, lowing a process that is well tried. In Rhode Island, the Ocean State, so the plan could not come too soon. It There are a great many out-of-State coastal activities define our heritage, states: catalog sellers and online sellers that our culture, and also our economy. Our Our nation lost nearly 60,000 acres of coast- today do exactly what the instate sell- coastal waters are spawning grounds, al wetlands each year between 1998 and 2004. ers do. They collect the sales tax. They nurseries and shelters for fish and . . . Habitats are being altered by invasive do it through the ZIP Code over the shellfish, which we enjoy and from species that threaten native aquatic life and Internet. We are saying everybody which we profit. Our shores and coastal cost billions of dollars per year in natural and infrastructure damage. should do that except those who sell ponds are barriers that protect our less than $1 million a year. They don’t coastal communities from ocean The implementation process the ad- have to do anything under this law. storms and that naturally improve ministration is pursuing is all about According to many economists, that water quality. Our oceans and coasts local needs and concerns. So the Na- takes 99 percent of the online sellers make coastal States such as ours who tional Ocean Policy establishes vol- out of the effect of this bill. We have we are. untary regional planning bodies. Local tried to bring this through regular We will continue to take advantage people can get together, layer together order. We are down here trying right of the ocean’s bounty, as we should. We the relevant data, and promote greater now. We have received substantial sup- will trade, we will fish, and we will and more responsible use of their re- port. There have been hearings. There sail. We will dispose of waste, we will gion’s ocean resources. has been a lot of work in the House, extract fuel and harness the wind. We In New England, we have seen the and there is broad support from the will work our oceans. Navies and cruise value of this cooperative ocean plan- Governors. I am hopeful we will move ships, sailboats and supertankers will ning. Rhode Island’s Ocean Special forward tomorrow, finish this legisla- plow their surface. We cannot undo Area Management Plan—a special area tion, send it to the House, and take a this part of our relationship with the management plan is called a SAMP in step toward recognizing the Constitu- sea. What we can change is what we do the trade—has made ecosystem res- tional framework of our country by in return. If we use our best science toration and industry interests ad- honoring the sovereign States rights to and judgment to plan for the uses of vance simultaneously. I recently spent make decisions for themselves and our oceans, we will continue to reap time at the Northeast Regional Plan- stopping this attitude of requiring Gov- the value they provide. ning Body meeting in Rhode Island and ernors and legislators to come to Wash- Carbon-driven changes to our planet I know our region is excited to move ington and play ‘‘Mother May I’’ with will continue and will accelerate. The forward with a regional process. responsibilities that ought to be clear- faster you are driving, the better your So let’s look at some of the practical ly the responsibility of States. headlights need to be. Our headlights results when you get the information I yield the floor and note the absence in this area are scientific research and and the affected people in the room to- of a quorum. planning. As we move ever faster into gether. In Rhode Island, the wind en- The ACTING PRESIDENT pro tem- this uncharted territory, our head- ergy industry, with its vast potential pore. The clerk will call the roll. lights had better be working to pre- for manufacturing and maintenance The bill clerk proceeded to call the serve the valuable ecosystems upon jobs, is rapidly developing wind farms roll. which our communities and economies off of our coasts. Thanks to the Mr. WHITEHOUSE. Mr. President, I rely. groundwork that was laid by the Rhode ask unanimous consent that the order The National Ocean Policy, signed by Island SAMP, wind developers moved for the quorum call be rescinded. President Obama in 2010, provides a fairly smoothly through the regulatory The ACTING PRESIDENT pro tem- commonsense framework for sensible thicket and they have avoided inter- pore. Without objection, it is so or- research and planning and public-pri- ference with marine highways, critical dered. vate cooperation, as we face the sig- fisheries, habitats, and naval training Mr. WHITEHOUSE. Mr. President, I nificant challenges bearing down on ranges. don’t think it will take this long, but I our oceans and coasts—on both our There is actually quite a good report ask unanimous consent to speak as in ecosystems and our industries. I commend to all my colleagues on the morning business for up to 15 minutes. Last week, the White House released ocean SAMP published by the Rhode The ACTING PRESIDENT pro tem- the National Ocean Policy Implemen- Island Ocean Special Area Management pore. Without objection, it is so or- tation Plan, a blueprint for effective Plan. It is a practitioner’s guide, and it dered. management of our oceans and the is a very effective document that shows CLIMATE CHANGE Great Lakes. It is not easy to balance how well this worked. Mr. WHITEHOUSE. Mr. President, I the competing needs of commerce, con- In this process, local people were lis- come to the floor again to address cli- servation, culture, and recreation. tened to and they were heard. When mate change, particularly today the More than 20 Federal agencies oversee the Federal Bureau of Ocean Energy change that carbon pollution is wreak- our marine industries, governing ev- Management announced this wind en- ing in our oceans. erything from fisheries to oil and gas ergy area here off of the Rhode Island Water temperatures are increasing, leasing. The implementation plan coast, there was an area named Coxes sea level is rising, ocean water is grow- takes this on and moves us toward bet- Ledge, and the fishermen were con- ing more acidic, and powerful storms ter and more collaborative manage- cerned. The floor of the ocean at Coxes are becoming more frequent and more ment of ocean resources. Ledge made it particularly rich fishing intense. It is time to wake up to the The implementation plan gathered grounds and they didn’t want it inter- threat to our oceans and coasts posed the thoughts of a wide range of key fered with by having that area put up by carbon pollution. stakeholders: maritime and energy in- for wind farm development. Sure The rate at which carbon is now dustries, conservation and recreation enough, when the map came out, the being dumped into the atmosphere and interests, academic experts, and Fed- curve of Coxes Ledge is going right absorbed by our oceans is unprece- eral, State, local, and tribal govern- through the middle of the wind farm dented. NOAA estimates almost 1 mil- ments. The plan supports economic area, protected for the fishermen. They lion tons of the carbon dioxide we growth by streamlining permitting and were listened to and they were heard. dump into the atmosphere is absorbed approval processes, by improving map- So much of this is simple common into the oceans every hour—1 million ping and ocean observing, and by pro- sense. In Massachusetts, the endan- tons every hour. We know with sci- viding greater access to data and infor- gered North Atlantic right whale, a entific certainty that carbon pollution mation. The plan lays out specific ac- population of about 450 of them, feeds causes the ocean to become more acid- tions and timelines to protect and re- in the waters just off of Boston. The ic. Indeed, we measure that carbon pol- store coastal wetlands and reefs and to whale strikes between shipping and the

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2954 CONGRESSIONAL RECORD — SENATE April 24, 2013 right whales were becoming a problem. tion, helped develop the Rhode Island Social Security—one of the funda- And because the right whale is endan- Ocean Special Area Management Plan, mental pillars of the American middle gered, it was becoming a real risk for SAMP, said this: class—has not contributed and will not shipping going in and out of Boston The National Ocean Policy Implementa- contribute to our deficits. Social Secu- Harbor. So they found data that tion Plan will enable regions like New Eng- rity is fully funded by its participants showed where the whale strikes were land to move ahead with this smart ocean through payroll taxes and cannot by likely to be and they mapped that planning by engaging people like me, who law add to the deficit. data. When they mapped the data, they live and work on the water every day, while Under current payroll tax levels, So- saw if they moved the shipping channel not forcing planning on other regions that do cial Security will have the funds to pay not currently want to engage in the process. out of Boston Harbor up a little bit 100 percent of benefits until 2033. It is they could come through an area that Climate change is upon us, and its ef- true we do need to make some adjust- was largely safe from whale strikes. fects will only accelerate as we con- ments to ensure that full benefits can The cost to the industry was some- tinue to spew megatons of carbon into be paid beyond that date, but that task where between 9 and 22 minutes of our atmosphere. Changes are occurring has nothing to do with deficit reduc- extra transit time—virtually nothing— fast in the oceans. That fact makes it tion. Even if Congress did nothing be- while the number of whale strikes has all the more important that Congress fore 2033, the projected shortfall would dropped significantly. remain vigilant and that we put our force automatic benefit cuts, not def- Here is another example from outside full support behind the commonsense icit spending. of Delaware. The green sort of neon- framework of the national ocean pol- I do look forward to working with colored dots here track the signals icy. Senators of both parties to ensure that coming off cargo ships going in and out I yield the floor and I suggest the ab- Social Security remains fully solvent of Delaware Bay. As you can see, there sence of a quorum. for generations to come, but that dis- is a pretty solid track coming out of The ACTING PRESIDENT pro tem- cussion does not belong in the unre- Delaware Bay right through here. pore. The clerk will call the roll. lated debate on our Nation’s budget When Delaware first proposed its wind The bill clerk proceeded to call the deficits. energy areas, they proposed these light roll. The Social Security cuts the Presi- green blocks as wind energy areas. This Mr. WHITEHOUSE. Mr. President, I dent has proposed are not just in the one, as we can see here, was planned ask unanimous consent that the order wrong discussion, they are wrong right on top of the main shipping chan- for the quorum call be rescinded. themselves. To reflect inflation, Social nel heading southeast out of Delaware The ACTING PRESIDENT pro tem- Security recipients each year get cost- Bay. pore. Without objection, it is so or- of-living adjustments, what we call Critics say these kinds of efforts to dered. COLAs. The President’s proposal get the data and the people in the room PROTECTING SOCIAL SECURITY changes the formula used to make that together ‘‘zone’’ the ocean. That is just Mr. WHITEHOUSE. Mr. President, determination, shifting to something plain factually wrong. The policy last month, the Senate approved a called the chained Consumer Price brings together people who use our budget that included a blueprint for Index or chained CPI. It sounds innoc- ocean. In this case, the case of Dela- balanced and responsible deficit reduc- uous, but make no mistake, it is a ben- ware Bay, simply putting everybody in tion. That budget was skillfully man- efit cut cloaked in technical jargon. the room allowed the wind energy aged by our Budget Committee chair- The argument for a chained CPI is areas to be modified to avoid the con- man, Senator MURRAY. It would com- that it is a more accurate measure of flict. So the southeastern area comes plete the deficit reduction needed to inflation—that it takes into account out and the turbine areas are beside it stabilize our Nation’s finances with a real-world decisions consumers make and the problem has been solved. That mix of smart spending cuts and rev- to modify their buying habits as prices is not zoning, that is what military of- enue from closing wasteful tax loop- fluctuate. As the price of apples goes ficers would call situational awareness; holes. Top economists agree we need up, we buy more bananas, so the over- what the military would call about $4 trillion of deficit reduction to all effect on our budget is moderated. deconfliction. What it really is is com- make our finances sustainable, and our The result is lower annual cost-of-liv- mon sense. budget gets us there. Together with the ing adjustments—about 0.3 percent each year. But let’s take a look at how As Nancy Sutley, the Chair of the deficit reduction enacted last Congress, seniors fare under the existing COLA White House Council on Environmental the Senate budget would reduce the Quality, said: structure. deficit by $4.3 trillion through a nearly In 2010 and 2011, seniors received no With increasing demands on our ocean, we 2-to-1 mix of spending cuts and rev- must improve how we work together, share cost-of-living adjustment whatsoever— enue. information, and plan smartly to grow our 0.0 percent in 2010, 0.0 percent in 2011. economy, keep our ocean healthy and enjoy House Republicans took a very dif- But according to the existing consumer the highest benefits from our ocean re- ferent approach with their budget, price formula used by government ac- sources, now and in the future. making only cuts—drastic cuts—to countants, prices didn’t rise enough to Our ocean and coastal economy is education, law enforcement, medical justify COLAs. That is what the COLA important. Shoreline counties in this research, and even ending Medicare as formula says. But in real life, what did country generate 41 percent of our we know it for future retirees. The it look like? gross domestic product. In 2010, 2.8 mil- House budget derives its deficit reduc- According to the Bureau of Labor lion jobs were supported by maritime tion from cuts that primarily hurt low- Statistics, seniors saw food prices rise economic activities; commercial ports income and middle-class Americans, 1.5 percent in 2010, medical costs in- supported 13 million jobs; energy and while refusing to touch a single tax crease 3.3 percent, and they saw their minerals production supported almost giveaway to wealthy and well-con- gas and home heating oil go up by three-fourths of a million jobs. But all nected special interests. Senate Demo- more than 13 percent each, and the of this activity creates opportunities crats took a middle course; House Re- COLA covered zero percent. for conflict. publicans produced an extremist tea The next year, 2011, these costs in- The National Ocean Policy Imple- party wish list. creased again. Food prices jumped 4.5 mentation Plan is a blueprint to re- In his own budget plan, President percent, medical care jumped 3.5 per- solve those wasteful conflicts, to Obama included some smart provisions cent, gasoline jumped 9.9 percent, and ‘‘deconflict’’ intelligently, and to such as investments in infrastructure fuel oil jumped 14.3 percent, and again streamline efforts across the Federal and the Buffett rule for tax fairness. I the COLA for seniors was zero. Government to keep our oceans and respect the President’s outreach to a So 2010 and 2011 add together; they our ocean economy thriving. And it compromise with Republicans, but I are not included in one another. So lets each region go forward at its own cannot support the cuts to Social Secu- food and beverage is a total of 6 per- pace. rity benefits in his plan. It is simply cent, plus, allowing for compounding, Michael Keyworth, recent head of our wrong to place the burden of deficit re- 6.8 percent for medical care, 23.7 per- Rhode Island Marine Trades Associa- duction on seniors and the disabled. cent for gasoline, and 27.8 percent for

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2955 fuel oil—all with a COLA of zero per- just make ends meet with Social Security as ment, and motivation of others to take cent. we have no other income. We wear sweat leadership roles in philanthropy and The numbers show what Rhode Island shirts and pants to bed and coats in the community involvement. seniors know: The problem with the house during the winter because we can’t Previous recipients of this pres- pay the high prices of oil. If Social Security tigious award include the John D. and Social Security COLA is that it is too gets cut, I don’t know how we will make it. low, that it doesn’t meet the real costs I have worked all my adult life until the last Catherine T. MacArthur Foundation, seniors experience in real life. two years. I NEED my Social Security. . . . the Susan G. Komen Breast Cancer Why does this happen? The existing In the face of ever-increasing prices for Foundation, the Alfred P. Sloan Foun- cost-of-living formula considers prices health care, home heating, prescription dation, and the John S. and James L. across the whole economy, including drugs and grocery bills, asking seniors to Knight Foundation, among many oth- products seniors are not so likely to give up more and more of their Social Secu- ers. buy, such as flat-screen TVs and smart rity benefit as they age when every dollar The Stiller Family Foundation has phones and sporting equipment. Their counts is just plain wrong. benefited youth centers, arts organiza- prices may have fallen, but seniors These are real-life experiences of peo- tions, urban renewal projects, and edu- don’t benefit much from those lower ple who are the kind of folks chained cation institutions throughout prices. CPI would affect. Yes, we need to make Vermont. The foundation recently an- The problem is that the current sys- additional sacrifices to complete the nounced a major grant to create the tem fails to account for seniors’ true job of deficit reduction; no, those bur- Robert P. Stiller School of Business at costs in these areas. So my position is dens should not fall on our elderly and the Champlain College of Vermont and that we should move on to a more ac- disabled constituents. Our deficits established a permanent endowment curate formula for seniors, one that fo- come from unnecessary Bush-era tax for the study of appreciative inquiry at cuses on food, medicine and heating oil cuts that virtually exclusively bene- the school. and gas and the other things seniors fited the wealthy, they come from a My wife Marcelle and I have known actually buy. I have been proud to sup- decade of wars we didn’t pay for, and Bob and Christine a long time. As life- port legislation to change the Social they come from the worst economic long philanthropists, they have made a Security COLA formula to one that is crisis since the Great Depression. They positive impact in communities around geared more toward seniors, and I will have nothing to do with Social Secu- the globe through their pointed leader- continue to fight for the adoption of rity, so don’t take it out on the sen- ship, innovative ideas, and generous that new formula. iors. funding. It is hard to mention all of Chained CPI takes us in the opposite As the Senate budget shows, we can their many achievements. As founder direction. It assumes consumers will complete the task of stabilizing our of the highly successful Green Moun- alter the types of goods they buy as Nation’s finances in smart ways, in fair tain Coffee Roasters, Bob continues to prices rise. But seniors on fixed in- ways, in balanced ways, in ways that promote sustainable business practices comes have little ability to shift their don’t put the burden on those who can through environmental and fair trade buying habits away from these basic least afford it. initiatives all over the world. And expenses, things such as food, medical When I ran for this office, I pledged Christine has been a strong advocate care, gasoline, and fuel oil. It is hard to to the people of Rhode Island that I for Champlain College’s Single Parents shift away from those. The lower would oppose cuts to Social Security, Program, which offers single parents COLAs that chained CPI would produce and I will keep that promise. the opportunity to break generational will only cut into seniors’ already tight I yield the floor and I suggest the ab- cycles of poverty by helping them fund budgets, and force seniors to bear the sence of a quorum. a college education. Vermont is a bet- burden of reducing deficits that Social The ACTING PRESIDENT pro tem- ter place because of all the work done Security had no part in creating. A 0.3- pore. The clerk will call the roll. by Bob and Christine Stiller. I request unanimous consent that percent reduction each year might The legislative clerk proceeded to this article from the Burlington Free sound small, but over time the power call the roll. Press be printed at this point in the of compound interest makes those ben- Mr. WHITEHOUSE. Mr. President, I RECORD. efit cuts significant. ask unanimous consent the order for There being no objection, the article For people currently nearing retire- the quorum call be rescinded. was ordered to be printed in the ment, these cuts would amount to an- The ACTING PRESIDENT pro tem- RECORD, as follows: nual benefit reductions of $658 by the pore. Without objection, it is so or- [From the Burlington Free Press, Apr. 12, time they reach age 75, $1,147 by the dered. 2013] time they reach age 85, and $1,622 by f STILLER FAMILY FOUNDATION RECEIVES the time they reach age 95. That same MORNING BUSINESS NATIONAL RECOGNITION power of compounding makes these The Association of Fundraising Profes- cuts even larger for future generations Mr. WHITEHOUSE. Mr. President, I sionals recently honored Green Mountain of seniors. Perhaps $658 or $1,1622 ask unanimous consent that the Sen- Coffee Roasters Founder Bob Stiller and his doesn’t sound like much money to ate proceed to a period of morning wife Christine and their Stiller Family some folks around here, but to a senior business with Senators permitted to Foundation with the Most Outstanding in Rhode Island living on Social Secu- speak for up to 10 minutes each. Foundation Award of 2013. The ACTING PRESIDENT pro tem- The award was made at the Association’s rity, that is real money. international conference in San Diego on After getting no COLA for 2 years in pore. Without objection, it is so or- April 6. a row, Bethany, a senior from Smith- dered. The Most Outstanding Foundation award field, RI, wrote to me: f is given annually to honor a foundation that My health is not the best and it’s not easy demonstrates outstanding commitment trying to survive on my Social Security and CONGRATULATING THE STILLER through financial support, innovation, en- the increasing prices of gas, food, etc. and FAMILY FOUNDATION couragement and motivation of others to co-pays for medical. . . . The COLA calcula- Mr. LEAHY. Mr. President, I rise take leadership roles in philanthropy and na- tion for Social Security doesn’t work. We tional, international and/or community in- today to congratulate Bob and Chris- volvement. need an increase yearly to stay even with tine Stiller and their Stiller Family rising premiums and everyday expenses. The award dates back to 1989, and has pre- Please continue to fight for Social Security Foundation for receiving the Most Out- viously been given to the John D. and Cath- and Medicare. standing Foundation Award of 2013 erine T. MacArthur Foundation, the David from the Association of Fundraising and Lucile Packard Foundation, the Susan Deanne from Coventry, RI, wrote to G. Komen Breast Cancer Foundation, the Al- me in February: Professionals. The Most Outstanding Foundation fred P. Sloan Foundation and the John S. I am 68 years old and retired. I cannot award is given annually to honor a and James L. Knight Foundation, among work even part time because of severe Ar- others. thritis. My son lives with me who is perma- foundation that demonstrates out- The Stiller Foundation’s initiatives are nently disabled due to an accident when he standing commitment through finan- primarily focused on people and commu- was 9 years old. He is now 44 years old. We cial support, innovation, encourage- nities in Vermont and Florida. The Stillers

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2956 CONGRESSIONAL RECORD — SENATE April 24, 2013 have a home in Palm Beach. In Vermont, the died in this strife, and more than 1 mil- I hope that this is the year that we Foundation supports local organizations and lion of them are refugees. Many of finally right this terrible wrong be- institutions including King Street Youth those refugees have sought shelter in cause the United States cannot and Center, Burlington City Arts, ReBuild Wa- Turkey. I have joined with Senator does not turn a blind eye to atrocities terbury and Champlain College. Champlain College in Burlington has been MCCAIN and others in calling for our around the globe. In fact, the United one of the largest beneficiaries of the Foun- government to explore additional ways States is often the first to speak out in dation, which recently granted the college of supporting the Syrian people and of the face of violence and unspeakable $10 million for the creation of the Robert P. supporting the efforts of Turkey and suffering and to urge other countries to Stiller School of Business and establishment other nations to protect Syria’s people. respond. But sadly, our Nation is on of a permanent endowment to promote pro- That call is motivated, in part, by the the wrong side of history when it grams in Appreciative Inquiry and other memory of historic episodes in which comes to the Armenian genocide. positive psychology-based management ap- the community of nations has failed to So this April 24, as we pause to re- proaches. act when confronted by such evil. member the victims and to celebrate f Our remembrance of the Armenian the many contributions Armenian OBSERVING ARMENIAN GENOCIDE genocide makes it incumbent upon us Americans have made to our great REMEMBRANCE DAY to bear witness to this and other mod- country, I hope that the United States ern atrocities against human and civil will finally and firmly stand on the Mr. LEVIN. Mr. President, 98 years rights. By our refusal to remain silent right side of history and officially con- ago today, the Ottoman Empire in Tur- in the face of today’s violence and in- demn the crimes of 1915 to 1923 by their key launched one of the most horrific justice, we honor the victims of the Ar- appropriate name. episodes in human history. The deten- menian genocide and other atrocities f tion and eventual execution of hun- against decency and humanity. ADDITIONAL STATEMENTS dreds of members of Turkey’s ethnic Mrs. BOXER. Mr. President, I rise Armenian minority launched a geno- today to recognize the 98th anniversary cidal campaign of deportation and star- of the Armenian genocide. PLYMOUTH, NEW HAMPSHIRE vation in which more than 1.5 million In 1948, the General Assembly of the people ultimately perished. ∑ Ms. AYOTTE. Mr. President, I rise United Nations passed the Convention today in honor of Plymouth, NH—a We mark Armenian Genocide Re- on the Prevention and Punishment of membrance Day, first, because those town in Grafton County that is cele- the Crime of Genocide based in part on brating the 250th anniversary of its who perished deserve to be remem- the horrific crimes perpetrated by the bered, but we also do so as a reminder: founding. I am proud to join citizens Ottoman Empire against the Armenian across the Granite State in recognizing a reminder of the horrible violence people in the early 20th Century. that ethnic hatred can inflame; a re- this historic event. Between 1915 and 1923, more than 1.5 Plymouth was built at the conver- minder that too often, governments million Armenians were marched to have employed those hatreds and pas- gence of the Pemigewasset and Baker their deaths in the deserts of the Mid- rivers amid the beautiful White Moun- sions; and a reminder that the world’s dle East, murdered in concentration silence in the face of one such episode tains. camps, drowned at sea, and forced to Plymouth was granted a charter by of atrocity can embolden others who endure horrific acts of brutality at the Gov. Benning Wentworth in 1763 and in- would seek to emulate it. It is often hands of the Ottoman Empire. corporated later that same year. It is noted that Adolph Hitler, in justifying Yet, in the 65 years that have passed named after the original Plymouth his invasion of Poland in 1939, told his since the Convention was adopted, suc- Colony in Massachusetts. commanders: ‘‘Who, after all, speaks cessive U.S. administrations have re- The population has grown to include today of the annihilation of the Arme- fused to call the deliberate massacre of over 7,000 residents. The patriotism and nians?’’ Silence in the face of govern- the Armenians by its rightful name commitment of the people of Plymouth ments that abuse and oppress their genocide. is reflected in part by their record of people simply enables the perpetrators For many years, I have urged both service in defense of our Nation. of violence and injustice. Democratic and Republican adminis- Some of Plymouth’s most notable I join the many members of the Ar- trations to finally acknowledge the residents include U.S. Senator and menian-American community and Ar- truth. I do so again today. It is long Congressman Henry W. Blair, Pulitzer menians around the world in the hope past time for our government to ac- Prize-winning authors Robert Frost that the Government of the Republic of knowledge, once and for all, that the and John Cheever, as well as Harl Turkey which we should remember Armenian genocide is a widely docu- Pease. Mr. Pease was a World War II played no role in the Armenian geno- mented fact supported by an over- pilot and recipient of the Congressional cide can work together with the Gov- whelming body of historical evidence. Medal of Honor. ernment of Armenia to heal the divi- In fact, the Armenian genocide along New Hampshire native, and then at- sions that remain nearly a century with the Holocaust is one of the most torney, Daniel Webster, who went on to after this dark episode. That should in- studied cases of genocide in history. become one of the Senate’s great ora- clude an honest and forthright dialogue Tragically, Adolf Hitler even used the tors, tried and lost his first criminal about the nature of the events and the Ottoman Empire’s action against the case in the Plymouth Courthouse. impact that it has had which is still Armenians to justify the extermi- Based in Plymouth, the Draper and with us today. Already, the govern- nation of the Jews in the Holocaust, Maynard Sporting Goods Company sold ments of these two nations have nego- saying in 1939, ‘‘Who, after all, speaks directly to the Boston Red Sox. Many tiated an agreement to open the border today of the annihilation of the Arme- early players would make the journey between them, an agreement that in- nians?’’ to Plymouth and select their equip- cludes a pledge to establish an inde- A number of sovereign nations, rang- ment for the upcoming season. pendent commission of historians to ing from Argentina to France, as well Plymouth Normal School was found- review and come to a common under- as 43 out of 50 U.S. States have recog- ed in 1871 and became the State’s first standing of the events of a century ago. nized what happened to the Armenians teachers college. This institution I am hopeful that this agreement can as genocide. Yet successive U.S. admin- would subsequently become the Plym- be ratified and implemented. istrations continue only to refer to the outh Teachers College, Plymouth State It is also worth remembering that Armenian genocide as an annihilation, College, and is known today as Plym- Turkey, a vital U.S. ally, is playing an massacre, or murder. outh State University. enormously important role in con- The entire Armenian community and Plymouth is a place that has contrib- fronting a more recent atrocity: the the descendants of the victims of the uted much to the life and spirit of the death of thousands of Syrian civilians Armenian genocide continue to suffer State of New Hampshire. I am pleased at the hands of a dictatorial govern- prolonged pain each and every day that to extend my warm regards to the peo- ment seeking to hold on to power at goes by without full acknowledgement ple of Plymouth as they celebrate the any cost. More than 75,000 Syrians have by the United States. town’s 250th anniversary.∑

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In taking proud to join citizens across the Gran- only indoor skate park in Alaska. the ridge, he allowed the First Marine ite State in recognizing this historic Joel’s Place works with local school Division to advance. Although many of event. This area, drained by the Baker counselors and is a National Safe his comrades were honored for their River and built in the shadow of Mount Place, offering shelter and counseling. bravery on that day, Duke was not rec- ognized for his action. Moosilauke, exemplifies the beauty of Part of the success of Joel’s Place is Duke ended his service with an hon- the surrounding White Mountain Na- due to partnerships with other local orable discharge on February 28, 1947, tional Forest. nonprofits and national foundations, as well as State and local governments. ending 4 years of selfless sacrifice for Warren was granted a charter by our nation that will not soon be forgot- Governor Benning Wentworth in 1763 Federal grants from the U.S. Depart- ment of Agriculture provide support ten. At the battles of Okinawa and and incorporated by Governor John Peleliu, some of the bloodiest battles Wentworth in 1770. The town derives its for the organization’s Summer Food Service Program and Child and Adult in the Pacific Theater, Loren Duke name from British Admiral Sir Peter Abdalla proved time and again his Warren and was first settled by Joseph Care Food Program, which ensures that low-income children receive nutri- courage, perseverance and ability to Patch and John Page. sacrifice, preventing many potential Since that time, the population has tious meals. The power to keep the program going casualties. I ask my colleagues to join grown to include over 900 residents. me in recognizing Corporal Loren Duke The patriotism and commitment of the comes from the passion and devotion of the founders of Joel’s Place, the profes- Abdalla for his exemplary service and people of Warren are reflected in part dedication to our Nation.∑ by their service in most of America’s sionals who run it, the board of direc- f major conflicts, with over 60 serving in tors who oversee the organization and World War II alone. the volunteers who give their time. I TRIBUTE TO GENE MURPHY give my congratulations to the people Warren’s most notable landmark is a ∑ MR. JOHNSON of South Dakota. Mr. who make Joel’s Place go, and I look Redstone Ballistic Missile, dedicated in President, today I wish to pay tribute forward to hearing about their contin- honor of Warren’s favorite son, Senator to a tireless and inspirational advocate ued success.∑ Norris Cotton. Senator Cotton rep- for veterans across this Nation. Gene resented New Hampshire in Wash- f Murphy is retiring as adjutant of the ington, D.C., for almost 30 years, in- TRIBUTE TO LOREN DUKE South Dakota chapter of the Disabled cluding 8 years as a Congressman and ABDALLA American Veterans (DAV), just the lat- over 20 as a Senator. The Federal build- ∑ Mr. JOHNSON of South Dakota. Mr. est in a number of State and national ing in Manchester and the Comprehen- President, today I wish to recognize veterans organizational posts he has sive Cancer Center at Dartmouth- the military service of Loren Duke served with distinction over the years. Gene served in the United States Hitchcock Hospital, both bear his Abdalla, the great grandson of Army in Vietnam. Just 30 days before name. Yankton Sioux Tribe Chief Running he was scheduled to return home to the Another notable resident of Warren Bull. Loren Duke Abdalla, a native United States, Gene was paralyzed by was Ira Morse. Mr. Morse was a suc- South Dakotan, fought valiantly as two gunshots to his right side. He holds cessful shoe retailer who traveled the part of the U.S. Marine Corps in World the Purple Heart and the Bronze Star world hunting big-game and collecting War II. with V Device. cultural artifacts. In 1928, Ira Morse Loren Duke Abdalla, or ‘‘Duke’’ as he opened his collection to the public and Shortly after his return to the was known by his fellow Marines, States, Gene became a lifetime mem- established the Morse Museum. began his service to this Nation when Located in the village of Glencliff is ber of the Disabled American Veterans, he enlisted in the Marine Corps in 1943 embarking on a 45-year career of serv- the historic Glencliff Home. This facil- at the age of 18. He completed his basic ity first provided relief and treatment ing the Nation’s veterans and their training at Camp Elliot in San Diego, families. Gene has shown tireless advo- for urban workers suffering from CA, where he was trained as a rifleman breathing impairment. Although its cacy and a strong commitment to en- and machine gunner. suring veterans receive the care and at- mission has changed, the home is still On September 15, 1944, Duke dis- in operation and is currently adminis- tention to their issues that they de- played his bravery at the Battle of serve and were promised. tered by the New Hampshire Depart- Peleliu in the Pacific. In the struggle, ment of Health and Human Services. Gene has been actively involved with three of his comrades were struck down the DAV at both the State and na- Warren is a place that has contrib- next to him, but Duke still carried on, tional level. From 1987–1988 he served uted much to the life and spirit of the despite injuries, through the 6-day bat- as the DAV National Commander. In State of New Hampshire. I am pleased tle. At the end, Duke survived as one of 1984, he was selected as the Nation’s to extend my warm regards to the peo- only 29 Marines left standing in his Outstanding Disabled Veteran of the ple of Warren as they celebrate the Battalion. Shrapnel left holes in both Year. Gene served 20 years on the town’s 250th anniversary.∑ of his legs, yet instead of returning South Dakota Veterans Commission. f home, he recovered in only a few He is a member of the Paralyzed Vet- months on the Island of Guadalcanal erans of America, Military Order of WELLSPRING REVIVAL and returned to Pavuvu Island. He re- MINISTRIES The Purple Heart, Veterans of Foreign ceived a Purple Heart and was pro- Wars, and the South Dakota Veterans ∑ Mr. BEGICH. Mr. President, today I moted to Corporal, and became squad Council. In 1979, he was named South would like to recognize the 15th anni- leader of the 3rd Squad, 1st Platoon, A Dakota’s Handicapped Citizen of the versary of the founding of Wellspring Company. Year. Revival Ministries in Fairbanks, AK. Duke returned to combat and quickly Gene has been a steadfast advocate In 1998, Michael and Linda Setterberg became a hero once again in the Battle for veterans, whether the issues in- recognized the need for more youth ac- of Okinawa. On May 5, 1945, he rescued cluded improving health care services, tivities in the Fairbanks area and set 2nd squadron leader, Cpl John Brady, conditions and access to care within out to do something about it. In 1999, throwing him over his shoulder and the Department of Veterans Affairs; the Setterbergs opened Joel’s Place, a carrying him to safety under heavy expediting consideration and decisions place for young people who needed fire. Duke immediately returned to the on claims for benefits; or shining the somewhere to belong. battle where he began neutralizing ma- spotlight on the unique health care It began with a weekly youth group chine gun nests leading up a ridge needs of veterans exposed to Agent Or- meeting but it grew to be something along with his 12-person squadron. ange, who suffer from post-traumatic

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2958 CONGRESSIONAL RECORD — SENATE April 24, 2013 stress disorder, or who were victims of with the DAV and other veterans orga- April 24, 2013, he had signed the fol- traumatic brain injuries. Countless nizations and wish Gene and his wife lowing enrolled bill, previously signed veterans in South Dakota have been Eldine well in his retirement.∑ by the Speaker of the House: able to make it to their VA appoint- f H.R. 1246. An act to amend the District of ments because of the DAV’s transpor- Columbia Home Rule Act to provide that the tation network and Gene’s efforts in 2013 NATIONAL DRUG CONTROL District of Columbia Treasurer or one of the this area. Gene has brought awareness STRATEGY—PM 8 Deputy Chief Financial Officers of the Office of the Chief Financial Officer of the District and education to elected officials and The PRESIDING OFFICER laid be- the general public on veterans mental of Columbia may perform the functions and fore the Senate the following message duties of the Office in an acting capacity if health issues. He is keenly aware that from the President of the United there is a vacancy in the Office. military service impacts family mem- States, together with an accompanying bers of veterans as well and has been report; which was referred to the Com- At 2:30 p.m., a message from the an advocate on their behalf, too. Gene mittee on the Judiciary: House of Representatives, delivered by has also been instrumental in working Mrs. Cole, one of its reading clerks, an- to get the American Veterans’ Disabled To the Congress of the United States: nounced that the House has passed the for Life Memorial built in Washington, I am pleased to transmit the 2013 Na- following bills, in which it requests the DC, serving on the foundation’s board tional Drug Control Strategy, my Ad- concurrence of the Senate: of directors and as the treasurer of the ministration’s blueprint for reducing H.R. 1067. An act to make revisions in title Disabled Veterans’ LIFE Memorial drug use and its consequences in the 36, United States Code, as necessary to keep Foundation, Inc. United States. As detailed in the pages the title current and make technical correc- The native South Dakotan has been that follow, my Administration re- tions and improvements. hawkish on budget issues facing the mains committed to a balanced public H.R. 1068. An act to enact title 54, United VA, making sure that the voices of vet- health and public safety approach to States Code, ‘‘National Park Service and Re- lated Programs’’, as positive law. erans—young and old—are heard. Any drug policy. This approach is based on effort to minimize, decrease or elimi- science, not ideology—and scientific The message also announced that nate services to veterans would meet a research suggests that we have made pursuant to 22 U.S.C. 276l, and the stern challenge from Gene Murphy. He real progress. order of the House of January 3, 2013, is aware of the financial impacts of in- The rate of current cocaine use in the the Speaker appoints the following creased copayments on indigent vet- United States has dropped by 50 per- Member of the House of Representa- erans. He remains steadfastly pas- cent since 2006, and methamphetamine tives to the British-American sionate that veterans, no matter what use has declined by one-third. New data lnterparliamentary Group: Mr. Holding category or priority they are placed in, released this year suggest that we are of North Carolina. receive the full faith and commitment turning a corner in our efforts to ad- f of their government when it comes to dress the epidemic of prescription drug MEASURES REFERRED abuse, with the number of people abus- care and benefits. The following bills were read the first I have always been impressed by ing prescription drugs decreasing by and the second times by unanimous Gene’s passion and commitment to vet- nearly 13 percent—from 7 million in consent, and referred as indicated: erans, their families and their issues— 2010 to 6.1 million in 2011. And the num- whether it be a widow seeking benefits, ber of Americans reporting that they H.R. 1067. An act to make revisions in title drove after using illicit drugs also 36, United States Code, as necessary to keep a veteran seeking consideration of the title current and make technical correc- their overdue claim, or an era of vet- dropped by 12 percent between 2010 and tions and improvements; to the Committee erans seeking compensation due to 2011. on the Judiciary. chemical exposure in a war zone. I have While this progress is encouraging, H.R. 1068. An act to enact title 54, United always valued and appreciated Gene’s we must sustain our commitment to States Code, ‘‘National Park Service and Re- input on the plethora of issues impact- preventing drug use before it starts— lated Programs’’, as positive law; to the ing veterans. During my early years in the most cost-effective way to address Committee on the Judiciary. Congress, Gene was very helpful in pro- the drug problem. The importance of f viding me with a better understanding prevention is becoming ever more ap- MEASURES PLACED ON THE of the many important issues facing parent. Despite positive trends in other CALENDAR areas, we continue to see elevated rates veterans and their families, and I have The following bill was read the sec- of marijuana use among young people, relied upon Gene’s insight on such ond time, and placed on the calendar: issues throughout my congressional ca- likely driven by declines in perceptions of risk. We must continue to get the S. 788. A bill to suspend the fiscal year 2013 reer. Gene never sugar-coats his re- sequester and establish limits on war-related quests or his statements; it is always facts out about the health risks of drug spending. use and support the positive influences done with candor and frankness. No- f body can second-guess Gene Murphy’s in young people’s lives that help them passion for veterans. avoid risky behaviors. MEASURES READ THE FIRST TIME Although Gene’s term as adjutant of The Strategy that follows presents a The following bill was read the first the South Dakota Disabled American sophisticated approach to a com- time: Veterans is scheduled to end with the plicated problem, encompassing pre- S. 799. A bill to provide for a sequester re- South Dakota DAV’s State convention, vention, early intervention, treatment, placement. and there are rumors that Gene may be recovery support, criminal justice re- f stepping back from his consistently form, effective law enforcement, and full plate of activities on behalf of international cooperation. EXECUTIVE AND OTHER South Dakota’s and the Nation’s vet- I look forward to working with the COMMUNICATIONS erans, I cannot believe that Gene’s Congress and stakeholders at all levels The following communications were voice will be silent. I hope he will con- in advancing this 21st century ap- laid before the Senate, together with tinue to provide me with advice and proach to drug policy. accompanying papers, reports, and doc- counsel on veterans issues. BARACK OBAMA. uments, and were referred as indicated: I commend the lifetime of work by THE WHITE HOUSE, April 24, 2013. EC–1290. A communication from the Direc- Gene Murphy on behalf of the Nation’s f tor of the Regulatory Management Division, veterans. I congratulate him on his nu- Environmental Protection Agency, transmit- merous awards and the leadership roles MESSAGES FROM THE HOUSE ting, pursuant to law, the report of a rule en- he has held and taken for veterans over titled ‘‘Methyl Jasmonate; Exemption from the Requirement of a Tolerance’’ (FRL No. the past many decades. Veterans and ENROLLED BILL SIGNED 9382–6) received in the Office of the President their families have a true advocate in of the Senate on April 15, 2013; to the Com- Gene Murphy and are better off today The President pro tempore (Mr. mittee on Agriculture, Nutrition, and For- because of him. I commend his work LEAHY) announced that on today, estry.

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A communication from the Man- transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- agement Analyst, Grain Inspection, Packers a rule entitled ‘‘Airworthiness Directives; ting, pursuant to law, the report of a rule en- and Stockyards Administration, Department Rolls-Royce Deutschland Ltd and Co KG titled ‘‘Approval and Promulgation of Air of Agriculture, transmitting, pursuant to Turbofan Engines’’ ((RIN2120–AA64) (Docket Quality Implementation Plans; Delaware, law, the report of a rule entitled ‘‘Fees for No. FAA–2012–1167)) received during adjourn- State Board Requirements’’ (FRL No. 9803–3) Official Inspection and Official Weighing ment of the Senate in the Office of the Presi- received in the Office of the President of the Services Under the United States Grain dent of the Senate on March 26, 2013; to the Senate on April 15, 2013; to the Committee on Standards Act’’ (RIN0580–AB13) received in Committee on Commerce, Science, and Environment and Public Works. the Office of the President of the Senate on Transportation. EC–1311. A communication from the Direc- April 16, 2013; to the Committee on Agri- EC–1302. A communication from the Assist- tor of the Regulatory Management Division, culture, Nutrition, and Forestry. ant Secretary for Export Administration, Environmental Protection Agency, transmit- EC–1292. A communication from the Direc- Bureau of Industry and Security, Depart- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, ment of Commerce, transmitting, pursuant titled ‘‘Approval and Promulgation of Air Environmental Protection Agency, transmit- to law, the report of a rule entitled ‘‘Revi- Quality Implementation Plans; Illinois; ting, pursuant to law, the report of a rule en- sions to the Export Administration Regula- Small Container Exemption from VOC Coat- titled ‘‘Propiconazole; Pesticide Tolerances’’ tions: Initial Implementation of Export Con- ing Rules’’ (FRL No. 9790–4) received in the (FRL No. 9381–8) received in the Office of the trol Form’’ (RIN0694–AF65) received in the Office of the President of the Senate on April President of the Senate on April 17, 2013; to Office of the President of the Senate on April 15, 2013; to the Committee on Environment and Public Works. the Committee on Agriculture, Nutrition, 15, 2013; to the Committee on Commerce, Science, and Transportation. EC–1312. A communication from the Direc- and Forestry. tor of the Regulatory Management Division, EC–1293. A communication from the Acting EC–1303. A communication from the Acting Environmental Protection Agency, transmit- Under Secretary of Defense (Personnel and General Counsel, Federal Energy Regulatory ting, pursuant to law, the report of a rule en- Readiness), transmitting, pursuant to law, a Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Revisions to titled ‘‘EPAAR Clause for Printing’’ (FRL report relative to Department of Defense in- No. 9800–6) received in the Office of the Presi- tending to continue to expand the role of Reliability Standard for Transmission Vege- tation Management’’ (RIN1902–AE58) re- dent of the Senate on April 15, 2013; to the women in the Army and Marine Corps; to the Committee on Environment and Public Committee on Armed Services. ceived in the Office of the President of the Senate on April 15, 2013; to the Committee on Works. EC–1294. A communication from the Assist- EC–1313. A communication from the Direc- ant Director, Executive and Political Per- Energy and Natural Resources. EC–1304. A communication from the Acting tor of the Regulatory Management Division, sonnel, Department of Defense, transmit- Environmental Protection Agency, transmit- ting, (3) reports relative to vacancies in the General Counsel, Federal Energy Regulatory Commission, transmitting, pursuant to law, ting, pursuant to law, the report of a rule en- Department of Defense, received in the Of- titled ‘‘Approval and Promulgation of Air fice of the President of the Senate on April the report of a rule entitled ‘‘Annual Charge Filing Procedures for Natural Gas Pipelines’’ Quality Implementation Plans; West Vir- 16, 2013; to the Committee on Armed Serv- (Docket No. RM12–14–000) received in the Of- ginia; The 2002 Base Year Emissions Inven- ices. tory for the West Virginia Portion of the EC–1295. A communication from the Under fice of the President of the Senate on April 16, 2013; to the Committee on Energy and Steubenville-Weirton, OH–WV Nonattain- Secretary of Defense (Policy), transmitting, ment Area for the 1997 Fine Particulate Mat- pursuant to law, a report relative to pro- Natural Resources. EC–1305. A communication from the Acting ter National Ambient Air Quality Standard’’ viding support for a national Boy Scout Assistant Administrator, Office of Water, (FRL No. 9803–2) received in the Office of the Jamboree; to the Committee on Armed Serv- Environmental Protection Agency, transmit- President of the Senate on April 15, 2013; to ices. ting, pursuant to law, a report entitled the Committee on Environment and Public EC–1296. A communication from the Under ‘‘Great Lakes Restoration Initiative Fiscal Works. Secretary of Defense (Acquisition, Tech- EC–1314. A communication from the Direc- Year 2011 Report to Congress and the Presi- nology and Logistics), transmitting, pursu- tor of the Regulatory Management Division, dent’’; to the Committee on Environment ant to law, a report entitled ‘‘Driving Tech- Environmental Protection Agency, transmit- and Public Works. nological Surprise: DARPA’s Mission in a EC–1306. A communication from the Direc- ting, pursuant to law, the report of a rule en- titled ‘‘Designation of Areas for Air Quality Changing World’’; to the Committee on tor of Congressional Affairs, Nuclear Regu- Planning Purposes; State of Nevada; Total Armed Services. latory Commission, transmitting, pursuant Suspended Particulate’’ (FRL No. 9802–6) re- EC–1297. A communication from the Acting to law, the report of a rule entitled ‘‘En- ceived in the Office of the President of the Assistant Secretary, Legislative Affairs, De- forcement Guidance Memorandum 13–002, Senate on April 15, 2013; to the Committee on partment of State, transmitting, pursuant to . . . Being Developed’’ (EGM 13–002) received law, a report entitled ‘‘Iran-Related Multi- Environment and Public Works. in the Office of the President of the Senate EC–1315. A communication from the Direc- lateral Sanctions Regime Efforts’’ covering on April 15, 2013; to the Committee on Envi- the period August 17, 2012 to February 16, tor of the Regulatory Management Division, ronment and Public Works. Environmental Protection Agency, transmit- 2013; to the Committee on Armed Services. EC–1307. A communication from the Direc- ting, pursuant to law, the report of a rule en- EC–1298. A communication from the Acting tor of Congressional Affairs, Nuclear Regu- Principal Deputy Secretary of Defense (Re- titled ‘‘Revisions to the California State Im- latory Commission, transmitting, pursuant plementation Plan, Imperial County Air Pol- serve Affairs), transmitting, pursuant to law, to law, the report of a rule entitled ‘‘Final the National Guard and Reserve Equipment lution Control District’’ (FRL No. 9799–3) re- Safety Evaluation for Boiling Water Reactor ceived in the Office of the President of the Report (NGRER) for fiscal year 2014; to the . . . Curve Evaluation’’ received in the Office Committee on Armed Services. Senate on April 17, 2013; to the Committee on of the President of the Senate on April 15, Environment and Public Works. EC–1299. A communication from the Assist- 2013; to the Committee on Environment and ant Secretary for Export Administration, EC–1316. A communication from the Direc- Public Works. tor of the Regulatory Management Division, Bureau of Industry and Security, Depart- EC–1308. A communication from the Direc- Environmental Protection Agency, transmit- ment of Commerce, transmitting, pursuant tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Amend- Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Air ments to Existing Validated End-User Au- ting, pursuant to law, the report of a rule en- Quality Implementation Plans; Indiana; Par- thorizations: CSMC Technologies Corpora- titled ‘‘Approval and Promulgation of Air ticulate Matter Air Quality Standards’’ tion in the People’s Republic of China Quality Implementation Plans; Charlotte, (FRL No. 9804–6) received in the Office of the (PRC)’’ (RIN0694–AF90) received in the Office Raleigh/Durham and Winston Salem Carbon President of the Senate on April 17, 2013; to of the President of the Senate on April 17, Monoxide Limited Maintenance Plan’’ (FRL the Committee on Environment and Public 2013; to the Committee on Banking, Housing, No. 9802–8) received in the Office of the Presi- Works. and Urban Affairs. dent of the Senate on April 15, 2013; to the EC–1317. A communication from the Direc- EC–1300. A communication from the Para- Committee on Environment and Public tor of the Regulatory Management Division, legal Specialist, Federal Aviation Adminis- Works. Environmental Protection Agency, transmit- tration, Department of Transportation, EC–1309. A communication from the Direc- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of tor of the Regulatory Management Division, titled ‘‘Air Quality: Revision to Definition of a rule entitled ‘‘Airworthiness Directives; Environmental Protection Agency, transmit- Volatile Organic Compounds—Exclusion of Rolls-Royce Deutschland Ltd and Co KG ting, pursuant to law, the report of a rule en- trans 1-chloro-3,3,3-trifluoroprop-1-ene [Sol- Turbojet Engines’’ ((RIN2120–AA64) (Docket titled ‘‘Approval and Promulgation of Imple- stice 1233zd(E)]’’ (FRL No. 9800–8) received in No. FAA–2012–1006)) received during adjourn- mentation Plans for Tennessee: Revisions to the Office of the President of the Senate on ment of the Senate in the Office of the Presi- Volatile Organic Compound Definition’’ April 17, 2013; to the Committee on Environ- dent of the Senate on March 26, 2013; to the (FRL No. 9802–9) received in the Office of the ment and Public Works. Committee on Commerce, Science, and President of the Senate on April 15, 2013; to EC–1318. A communication from the Direc- Transportation. the Committee on Environment and Public tor of the Regulatory Management Division, EC–1301. A communication from the Para- Works. Environmental Protection Agency, transmit- legal Specialist, Federal Aviation Adminis- EC–1310. A communication from the Direc- ting, pursuant to law, the report of a rule en- tration, Department of Transportation, tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Air

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Quality Implementation Plans; Illinois; Con- BARRASSO, Mr. MCCONNELL, Mr. ward skills needed by industry, establish in- sumer Products and AIM Rules’’ (FRL No. COBURN, Mr. SCOTT, Mr. INHOFE, Mr. centives for accountability through a Pay 9786–2) received in the Office of the President GRASSLEY, Mr. HEINRICH, Mr. ROB- for Performance pilot program, and provide of the Senate on April 17, 2013; to the Com- ERTS, Mr. CRAPO, Mr. JOHNSON of Wis- new access to the National Directory of New mittee on Environment and Public Works. consin, Mr. JOHANNS, Mr. PAUL, Mr. Hires, to measure performance and better EC–1319. A communication from the Direc- COCHRAN, Mrs. FISCHER, Mr. SES- connect the unemployed to jobs, and for tor of the Regulatory Management Division, SIONS, Mr. WICKER, Mr. BLUNT, Mr. other purposes; to the Committee on Health, Environmental Protection Agency, transmit- BOOZMAN, Mr. RUBIO, and Mr. HATCH): Education, Labor, and Pensions. ting, pursuant to law, the report of a rule en- S. 794. A bill to prevent an increase in By Mr. ROCKEFELLER (for himself, titled ‘‘Supplemental Determination for Re- flight delays and cancellations, and for other Mr. MANCHIN, Mr. HARKIN, and Mrs. newable Fuels Produced Under the Final purposes; to the Committee on Commerce, MURRAY): RFS2 Program From Grain Sorghum; Cor- Science, and Transportation. S. 805. A bill to improve compliance with rection’’ (FRL No. 9803–6) received in the Of- By Mr. COONS (for himself, Mr. mine and occupational safety and health fice of the President of the Senate on April MORAN, Ms. STABENOW, and Ms. MUR- laws, and empower workers to raise safety 17, 2013; to the Committee on Environment KOWSKI): concerns, prevent future mine and other and Public Works. S. 795. A bill to amend the Internal Rev- workplace tragedies, and establish rights of EC–1320. A communication from the Chair- enue Code of 1986 to extend the publicly trad- families of victims of workplace accidents, man of the United States International ed partnership ownership structure to energy and for other purposes; to the Committee on Trade Commission, transmitting, pursuant power generation projects and transpor- Health, Education, Labor, and Pensions. to law, the Commission’s Annual Perform- tation fuels, and for other purposes; to the By Mr. ROBERTS (for himself, Ms. ance Report for fiscal year 2012; to the Com- Committee on Finance. STABENOW, Mr. CASEY, and Mr. mittee on Finance. By Mr. DURBIN (for himself and Mr. BROWN): EC–1321. A communication from the Sec- KIRK): S. 806. A bill to amend part B of title XVIII retary of Health and Human Services, trans- S. 796. A bill to designate the facility of of the Social Security Act to exclude cus- mitting, pursuant to law, the Department’s the United States Postal Service located at tomary prompt pay discounts from manufac- Affordable Care Act fiscal year 2012 report; 302 East Green Street in Champaign, Illinois, turers to wholesalers from the average sales to the Committee on Finance. as the ‘‘James R. Burgess Jr. Post Office price for drugs and biologicals under Medi- EC–1322. A communication from the Sec- Building’’; to the Committee on Homeland care; to the Committee on Finance. retary of Health and Human Services, trans- Security and Governmental Affairs. By Mrs. MCCASKILL: mitting, pursuant to law, a report entitled By Mr. REID (for Mr. LAUTENBERG (for S. 807. A bill to require that Federal regu- ‘‘Finalizing Medicare Regulations under Sec- himself and Mr. MENENDEZ)): lations use plain writing that is clear, con- tion 902 of the Medicare Prescription Drug, S. 797. A bill to extend the authorization cise, and well-organized, and follows other Improvement, and Modernization Act of 2003 for the Coastal Heritage Trail in the State of best practices appropriate to the subject or (MMA) for Calendar Year 2012’’; to the Com- New Jersey; to the Committee on Energy field and intended audience; to the Com- mittee on Finance. and Natural Resources. mittee on Homeland Security and Govern- EC–1323. A communication from the Chief By Mr. BROWN (for himself, Mr. VIT- mental Affairs. of the Publications and Regulations Branch, TER, Mr. KIRK, and Mr. SESSIONS): By Mrs. MCCASKILL: Internal Revenue Service, Department of the S. 798. A bill to address equity capital re- S. 808. A bill to establish the Office of the Treasury, transmitting, pursuant to law, the quirements for financial institutions, bank Inspector General of the Senate; to the Com- report of a rule entitled ‘‘Beginning of Con- holding companies, subsidiaries, and affili- mittee on Rules and Administration. ates, and for other purposes; to the Com- struction for Purposes of the Renewable By Mrs. BOXER (for herself, Ms. MUR- mittee on Banking, Housing, and Urban Af- Electricity Production Tax Credit and En- KOWSKI, Mrs. GILLIBRAND, Mr. fairs. ergy Investment Tax Credit’’ (Notice 2013–29) BLUMENTHAL, Mr. BEGICH, Mr. By Mr. INHOFE (for himself and Mr. received in the Office of the President of the TESTER, Mr. SANDERS, Mr. MERKLEY, TOOMEY): Senate on April 18, 2013; to the Committee on Mr. SCHATZ, and Mr. HEINRICH): S. 799. A bill to provide for a sequester re- Finance. S. 809. A bill to amend the Federal Food, placement; read the first time. EC–1324. A communication from the Assist- Drug, and Cosmetic Act to require that ge- By Mr. CORNYN: ant Director of the Legal Processing Divi- netically engineered food and foods that con- S. 800. A bill to require the Secretary of sion, Internal Revenue Service, Department tain genetically engineered ingredients be Veterans Affairs to ensure that the South of the Treasury, transmitting, pursuant to labeled accordingly; to the Committee on Texas Department of Veterans Affairs law, the report of a rule entitled ‘‘Basis Re- Health, Education, Labor, and Pensions. Health Care Center at Harlingen, located in porting by Securities Brokers and Basis De- Harlingen, Texas, includes a full-service in- f termination for Debt Instruments and Op- patient health care facility of the Depart- tions; Reporting for Premium’’ ((RIN1545– ment of Veterans Affairs, to redesignate SUBMISSION OF CONCURRENT AND BK05) (TD 9616)) received in the Office of the such center, and for other purposes; to the SENATE RESOLUTIONS President of the Senate on April 18, 2013; to Committee on Veterans’ Affairs. the Committee on Finance. The following concurrent resolutions By Mr. THUNE (for himself, Ms. KLO- EC–1325. A communication from the Sec- and Senate resolutions were read, and BUCHAR, Mr. BENNET, Mr. BROWN, Mr. retary of Health and Human Services, trans- referred (or acted upon), as indicated: JOHANNS, and Mr. HARKIN): mitting, pursuant to law, an annual report S. 801. A bill to amend the Federal Crop In- By Mr. TOOMEY (for himself, Mr. on the Child Support Enforcement Program surance Act to provide for crop production CASEY, and Mr. MCCONNELL): for fiscal year 2010; to the Committee on Fi- on native sod; to the Committee on Agri- S. Res. 109. A resolution expressing the nance. culture, Nutrition, and Forestry. sense of the Senate that the United States f By Mrs. HAGAN (for herself, Mr. should leave no member of the Armed Forces CRAPO, Mr. CARPER, Mr. VITTER, Mr. unaccounted for during the drawdown of INTRODUCTION OF BILLS AND COONS, Mr. RISCH, Ms. HEITKAMP, Mr. forces in Afghanistan; to the Committee on JOINT RESOLUTIONS INHOFE, Mrs. MCCASKILL, Mr. DON- Armed Services. The following bills and joint resolu- NELLY, Mr. PRYOR, Ms. LANDRIEU, and By Mr. COBURN (for himself and Mr. tions were introduced, read the first Mr. CHAMBLISS): UDALL of Colorado): S. Res. 110. A resolution to prevent the cre- and second times by unanimous con- S. 802. A bill to clarify Congressional in- tent regarding the regulation of the use of ation of duplicative and overlapping Federal sent, and referred as indicated: pesticides in or near navigable waters, and programs; to the Committee on Rules and By Mr. MENENDEZ (for himself, Mr. for other purposes; to the Committee on En- Administration. CORKER, Mr. UDALL of New Mexico, vironment and Public Works. By Mr. REID (for Mr. LAUTENBERG (for and Mr. RUBIO): By Mr. REID (for Mr. LAUTENBERG (for himself, Mr. ROCKEFELLER, Mr. S. 793. A bill to support revitalization and himself, Mrs. GILLIBRAND, and Mr. THUNE, and Mr. BLUNT)): reform of the Organization of American BLUMENTHAL)): S. Res. 111. A resolution supporting the States, and for other purposes; to the Com- S. 803. A bill to provide enhanced disaster goals and ideals of National Safe Digging mittee on Foreign Relations. unemployment assistance to States affected Month; considered and agreed to. By Mr. HOEVEN (for himself, Ms. KLO- by Hurricane Sandy and Tropical Storm By Mr. WICKER (for himself, Mr. REID, BUCHAR, Mr. CORNYN, Mr. BEGICH, Ms. Sandy of 2012, and for other purposes; to the Mr. MCCONNELL, Mr. ALEXANDER, Ms. AYOTTE, Mrs. SHAHEEN, Mr. PORTMAN, Committee on Finance. AYOTTE, Ms. BALDWIN, Mr. BARRASSO, Mr. RISCH, Mr. COATS, Mr. CHAM- By Mr. PORTMAN (for himself and Mr. Mr. BAUCUS, Mr. BEGICH, Mr. BENNET, BLISS, Mr. LEE, Mr. GRAHAM, Mr. BENNET): Mr. BLUMENTHAL, Mr. BLUNT, Mr. BLUMENTHAL, Mr. MANCHIN, Mr. S. 804. A bill to streamline and address BOOZMAN, Mrs. BOXER, Mr. BROWN, ALEXANDER, Mr. MCCAIN, Mr. overlap in the Federal workforce investment Mr. BURR, Ms. CANTWELL, Mr. TOOMEY, Mr. ENZI, Mr. KIRK, Mr. system, steer Federal training dollars to- CARDIN, Mr. CARPER, Mr. CASEY, Mr.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2961 CHAMBLISS, Mr. COATS, Mr. COBURN, S. 445 prove the high-end computing research Mr. COCHRAN, Ms. COLLINS, Mr. At the request of Mr. FRANKEN, the and development program of the De- COONS, Mr. CORKER, Mr. CORNYN, Mr. name of the Senator from Texas (Mr. partment of Energy, and for other pur- COWAN, Mr. CRAPO, Mr. CRUZ, Mr. CORNYN) was added as a cosponsor of S. poses. DONNELLY, Mr. DURBIN, Mr. ENZI, 445, a bill to improve security at State Mrs. FEINSTEIN, Mrs. FISCHER, Mr. S. 749 FLAKE, Mr. FRANKEN, Mrs. GILLI- and local courthouses. At the request of Mr. CASEY, the BRAND, Mr. GRAHAM, Mr. GRASSLEY, S. 624 name of the Senator from Nevada (Mr. Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, At the request of Mr. BURR, the name HELLER) was added as a cosponsor of S. Mr. HEINRICH, Ms. HEITKAMP, Mr. of the Senator from Virginia (Mr. WAR- 749, a bill to amend the Internal Rev- HELLER, Ms. HIRONO, Mr. HOEVEN, Mr. NER) was added as a cosponsor of S. 624, enue Code of 1986 to permanently ex- INHOFE, Mr. ISAKSON, Mr. JOHANNS, a bill to amend the Child Care and De- Mr. JOHNSON of Wisconsin, Mr. JOHN- tend the 15-year recovery period for SON of South Dakota, Mr. KAINE, Mr. velopment Block Grant Act of 1990 to qualified leasehold improvement prop- KING, Mr. KIRK, Ms. KLOBUCHAR, Ms. require criminal background checks for erty, qualified restaurant property, and LANDRIEU, Mr. LAUTENBERG, Mr. child care providers. qualified retail improvement property. LEAHY, Mr. LEE, Mr. LEVIN, Mr. S. 689 S. 754 MANCHIN, Mr. MCCAIN, Mrs. MCCAS- At the request of Mr. HARKIN, the At the request of Mrs. GILLIBRAND, KILL, Mr. MENENDEZ, Mr. MERKLEY, name of the Senator from Mississippi Ms. MIKULSKI, Mr. MORAN, Ms. MUR- the name of the Senator from Con- KOWSKI, Mr. MURPHY, Mrs. MURRAY, (Mr. WICKER) was added as a cosponsor necticut (Mr. BLUMENTHAL) was added Mr. NELSON, Mr. PAUL, Mr. PORTMAN, of S. 689, a bill to reauthorize and im- as a cosponsor of S. 754, a bill to amend Mr. PRYOR, Mr. REED, Mr. RISCH, Mr. prove programs related to mental the Specialty Crops Competitiveness ROBERTS, Mr. ROCKEFELLER, Mr. health and substance use disorders. Act of 2004 to include farmed shellfish RUBIO, Mr. SANDERS, Mr. SCHATZ, Mr. S. 690 as specialty crops. SCHUMER, Mr. SCOTT, Mr. SESSIONS, At the request of Mr. SCHATZ, the S. 774 Mrs. SHAHEEN, Mr. SHELBY, Ms. STA- BENOW, Mr. TESTER, Mr. THUNE, Mr. name of the Senator from Alaska (Mr. At the request of Mr. GRASSLEY, his TOOMEY, Mr. UDALL of Colorado, Mr. BEGICH) was added as a cosponsor of S. name was added as a cosponsor of S. UDALL of New Mexico, Mr. VITTER, 690, a bill to amend title 38, United 774, a bill to require the Comptroller Mr. WARNER, Ms. WARREN, Mr. States Code, to deem certain service in General of the United States to submit WHITEHOUSE, and Mr. WYDEN): the organized military forces of the a report to Congress on the effective- S. Res. 112. A resolution commending em- Government of the Commonwealth of ness of the Federal Communications ployees of the Senate Post Office, employees the Philippines and the Philippine of the Sergeant at Arms of the Senate, mem- Commission’s universal service re- bers of the Capitol Police, and members of Scouts to have been active service for forms. the Capitol Hill community for their courage purposes of benefits under programs S. 777 and professionalism following the bio- administered by the Secretary of Vet- At the request of Mrs. GILLIBRAND, chemical attack against the Senate on April erans Affairs. the name of the Senator from Delaware 16, 2013; considered and agreed to. S. 710 By Mr. KAINE (for himself and Ms. (Mr. COONS) was added as a cosponsor ARNER COLLINS): At the request of Mr. W , the of S. 777, a bill to restore the previous S. Res. 113. A resolution designating April name of the Senator from Mississippi policy regarding restrictions on use of 23, 2013 as ‘‘National Adopt a Library Day’’; (Mr. COCHRAN) was added as a cospon- Department of Defense medical facili- considered and agreed to. sor of S. 710, a bill to provide exemp- ties. By Mr. REID (for himself and Mr. tions from municipal advisor registra- S. 790 MCCONNELL): tion requirements. S. Res. 114. A resolution to authorize testi- At the request of Mrs. MCCASKILL, mony, documents, and representations in S. 724 the names of the Senator from Georgia United States v. Renzi, et al; considered and At the request of Mr. BLUNT, the (Mr. CHAMBLISS), the Senator from agreed to. names of the Senator from Indiana Idaho (Mr. RISCH), the Senator from By Mr. HARKIN (for himself, Mr. (Mr. COATS), the Senator from Kansas Idaho (Mr. CRAPO), the Senator from WHITEHOUSE, Mr. SANDERS, Ms. WAR- (Mr. ROBERTS) and the Senator from South Carolina (Mr. GRAHAM), the Sen- REN, Ms. MIKULSKI, Mr. BROWN, Mr. Utah (Mr. HATCH) were added as co- LAUTENBERG, Mr. FRANKEN, Mrs. ator from Tennessee (Mr. ALEXANDER), GILLIBRAND, Ms. HIRONO, Mrs. HAGAN, sponsors of S. 724, a bill to provide the Senator from Nebraska (Mrs. Mr. SCHATZ, Mr. MERKLEY, Mr. REED, flexibility to agencies on determining FISCHER) and the Senator from North and Mr. BEGICH): what employees are essential personnel Dakota (Mr. HOEVEN) were added as co- S. Con. Res. 15. A concurrent resolution ex- in implementing the sequester. sponsors of S. 790, a bill to require the pressing the sense of Congress that the S. 725 United States International Trade Chained Consumer Price Index should not be used to calculate cost-of-living adjustments At the request of Mr. CORNYN, the Commission to recommend temporary for Social Security or veterans benefits, or name of the Senator from Nevada (Mr. duty suspensions and reductions to to increase the tax burden on low- and mid- HELLER) was added as a cosponsor of S. Congress, and for other purposes. dle-income taxpayers; to the Committee on 725, a bill to provide a taxpayer bill of S.J. RES. 13 Finance. rights for small businesses. At the request of Mr. WARNER, the f S. 728 name of the Senator from Rhode Island ADDITIONAL COSPONSORS At the request of Mr. SCHUMER, the (Mr. WHITEHOUSE) was added as a co- S. 323 name of the Senator from Rhode Island sponsor of S.J. Res. 13, a joint resolu- At the request of Mr. DURBIN, the (Mr. WHITEHOUSE) was added as a co- tion amending title 36, United States name of the Senator from Iowa (Mr. sponsor of S. 728, a bill to amend the Code, to designate July 26 as United HARKIN) was added as a cosponsor of S. Internal Revenue Code of 1986 to extend States Intelligence Professionals Day. 323, a bill to amend title XVIII of the the exclusion from gross income for S. RES. 65 Social Security Act to provide for ex- employer-provided health coverage for At the request of Mr. GRAHAM, the tended months of Medicare coverage of employees’ spouses and dependent chil- names of the Senator from New Mexico immunosuppressive drugs for kidney dren to coverage provided to other eli- (Mr. HEINRICH), the Senator from transplant patients and other renal di- gible designated beneficiaries of em- Rhode Island (Mr. REED) and the Sen- alysis provisions. ployees. ator from Tennessee (Mr. ALEXANDER) S. 375 S. 733 were added as cosponsors of S. Res. 65, At the request of Mr. TESTER, the At the request of Mr. ALEXANDER, the a resolution strongly supporting the name of the Senator from Vermont name of the Senator from North Caro- full implementation of United States (Mr. SANDERS) was added as a cospon- lina (Mrs. HAGAN) was added as a co- and international sanctions on Iran sor of S. 375, a bill to require Senate sponsor of S. 733, a bill to amend the and urging the President to continue candidates to file designations, state- Department of Energy High-End Com- to strengthen enforcement of sanctions ments, and reports in electronic form. puting Revitalization Act of 2004 to im- legislation.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2962 CONGRESSIONAL RECORD — SENATE April 24, 2013 AMENDMENT NO. 740 able on-time air service across this Again, this is a bipartisan bill. This At the request of Mr. JOHANNS, his country for our citizens. is a simple—straightforward solution name was added as a cosponsor of Further, it provides that if for any to the issue, and we need to do it. We amendment No. 740 intended to be pro- reason the FAA Administrator, within need to do it. posed to S. 743, a bill to restore States’ his budget, cannot fully accomplish On Monday, reports were there were sovereign rights to enforce State and that, then the Secretary of Transpor- 1,200 flights delayed across the coun- local sales and use tax laws, and for tation, Mr. LaHood, can work with him try. At airports in New York, in Dallas, other purposes. to utilize funds within the budget of and in Los Angeles, some of those f the Department of Transportation. It flights were up to several hours. What provides the authority, quite simply, the FAA has indicated is that up to STATEMENTS ON INTRODUCED to move the dollars around within the 6,700 flights a day out of the roughly BILLS AND JOINT RESOLUTIONS budget of the DOT—Department of 23,000-plus flights a day may be delayed By Mr. HOEVEN (for himself, Ms. Transportation—and gives the Sec- because of these air traffic controller KLOBUCHAR, Mr. CORNYN, Mr. retary that authority to make sure furloughs. There is no reason for that. BEGICH, Ms. AYOTTE, Mrs. SHA- they do not furlough more air traffic So I want the public to know we are HEEN, Mr. PORTMAN, Mr. RISCH, controllers than are needed to keep our putting forth a simple, straightforward Mr. COATS, Mr. CHAMBLISS, Mr. air flights on time, to keep service, of bipartisan solution that still saves the LEE, Mr. GRAHAM, Mr. course, safe and dependable so the trav- dollars we need to save but gives the BLUMENTHAL, Mr. MANCHIN, Mr. eling public can be assured their flights simple, straightforward flexibility that are going to be on time. ALEXANDER, Mr. MCCAIN, Mr. is necessary—both within FAA and The FAA has announced they are fur- TOOMEY, Mr. ENZI, Mr. KIRK, loughing about 1,500 air traffic control- DOT, if necessary—to make the adjust- Mr. BARRASSO, Mr. MCCONNELL, lers, which is about 10 percent of their ments, to make sure those flights are Mr. COBURN, Mr. SCOTT, Mr. total air traffic controller workforce. on time for the traveling public. INHOFE, Mr. GRASSLEY, Mr. They are doing this to save $206 million I called Secretary LaHood yesterday. HEINRICH, Mr. ROBERTS, Mr. of the roughly $630 million to $640 mil- I said: What do you think? He said: I CRAPO, Mr. JOHNSON of Wis- lion the FAA is reducing under seques- think that will work fine. Great. Let’s consin, Mr. JOHANNS, Mr. PAUL, tration. They have the authority to work together. Let’s do it. Mr. COCHRAN, Mrs. FISCHER, Mr. move 2 percent of their operating budg- We talked to the airlines association. SESSIONS, Mr. WICKER, Mr. et without congressional approval, and We talked to the FAA Administrator BLUNT, Mr. BOOZMAN, Mr. they have the authority to move up to and said: What do you think? The air RUBIO, and Mr. HATCH): 5 percent of their operational budget traffic controllers union: What do you S. 794. A bill to prevent an increase around with congressional approval, think? They all seemed to say: Com- in flight delays and cancellations, and which means coming to the Appropria- monsense, simple, straightforward. for other purposes; to the Committee tions Committee and getting approval Let’s do it. on Commerce, Science, and Transpor- to move up to that 5 percent. But FAA Let’s make sure we solve problems tation. Administrator Huerta has said that is for the American public. They need to Mr. HOEVEN. Mr. President, I rise not a sufficient amount to make the know that not only are their flights this morning to introduce legislation. adjustments he needs to make within safe, they need to know they are de- The legislation is entitled the ‘‘De- the FAA budget to address the fur- pendable. They need to know when pendable Air Service Act.’’ It is a very lough issue. they show up at the airport that air- simple, straightforward solution to the So what this bill does, quite simply, plane is going to leave when they ex- issue of the furloughs of air traffic con- is it says: Look, you can move the dol- pect it to leave. It is important for our trollers, and I would like to take just a lars as you need to within your budget. families, it is important for our busi- few minutes to describe it. You have the flexibility and the au- nesses, it is important for the economy This is bipartisan legislation. I would thority to do that. Do that. And if for of this country, and it is easily solved. like to start out by thanking my co- any reason that isn’t sufficient, then So let’s do it. sponsors. The lead cosponsor is Senator Secretary LaHood can backstop that I ask my colleagues to join me in this AMY KLOBUCHAR of Minnesota, but through the Department of Transpor- legislation. other cosponsors are Senator JOHN tation dollars. CORNYN of Texas, Senator ROB To put this into perspective, the By Mr. DURBIN (for himself and PORTMAN of Ohio, Senator KELLY total budget for the Department of Mr. KIRK): AYOTTE, Senator RISCH of Idaho, and Transportation is $72 billion—$72 bil- S. 796. A bill to designate the facility also Senator JEAN SHAHEEN of New lion—and the total cuts throughout of the United States Postal Service lo- Hampshire. As one can see, it is bipar- DOT, which includes the FAA, under cated at 302 East Green Street in tisan legislation. These are original co- sequestration is about $1 billion—$1 Champaign, Illinois, as the ‘‘James R. sponsors on the bill with me, and we billion. The FAA is taking $637 million Burgess Jr. Post Office Building’’; to will have more, as we are talking to of that reduction. Of course, the real the Committee on Homeland Security others. issue we are dealing with in terms of and Governmental Affairs. As I said, this is a very simple, flight delays is that about $206 million Mr. DURBIN. Mr. President, today straightforward solution to the issue comes out of the air traffic controller along with my colleague Senator MARK we face of delays in our airports across salary line. So what we are saying is: KIRK, I introduced a bill to name the the country because of the furloughs to Look, make some reductions, find United States Postal Service facility air traffic controllers. What the bill some economies, do what you can with- at 302 East Green Street in Champaign, does is to say to the Administrator of in the air traffic controller line, just as Illinois, as the James R. Burgess Jr. the FAA—the Federal Aviation Admin- you are doing across the budget. We Post Office Building. istration, Administrator Huerta—that should all be doing that because the I am proud to introduce this measure he can use dollars within his budget, Federal Government has a huge deficit. to honor Mr. Burgess, an accomplished move them around as he needs to move We have a huge debt. We have to find Illinois war veteran and public servant. them around, and that is what he needs ways to reduce spending. So we are all Mr. Burgess served his country honor- to do—to move dollars around within in this together and we have to find ably in World War II and after. At age his budget so he does not have to take sensible, commonsense ways to mini- 29, he led one of six companies in the $206 million out of the salary line of mize the impact to the public. We have 761st Tank Battalion, the first African- the air traffic controllers. He can then to, with that approach, find savings. So American armored unit to enter battle decide what reductions he can make in find the savings you can in terms of in World War II. The 761st served under those salaries and what level of fur- how many air traffic controllers you General George Patton. After the war, loughs he can make to air traffic con- can truly furlough and then move the he remained in the military, serving in trollers but still maintain air service dollars you have to in order to be sure Army intelligence. As part of his train- on an on-time basis, so we have depend- we do not impact the traveling public. ing, Mr. Burgess attended both German

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2963 and Russian language school. He re- (1) The current and future health care nostic, and ancillary services needed for sup- tired from the Army in 1962 with a ‘‘top needs of veterans residing in Far South port. secret’’ clearance. Texas are not being fully met by the Depart- (B) An urgent care center. After his military career, Mr. Bur- ment of Veterans Affairs. (C) The capability to provide a full range gess moved his wife and two sons to (2) According to recent census data, more of services to meet the needs of women vet- than 108,000 veterans reside in Far South erans. Champaign where he earned a law de- Texas. (d) REPORT TO CONGRESS.—Not later than gree from the University of Illinois. (3) Travel times for veterans from the Val- 180 days after the date of the enactment of After moving to Chicago for a time, the ley Coastal Bend area from their homes to this Act, the Secretary shall submit to the family eventually returned to Cham- the nearest Department of Veterans Affairs Committee on Veterans’ Affairs of the Sen- paign where Mr. Burgess worked for hospital for acute inpatient health care can ate and the Committee on Veterans’ Affairs the Champaign County State’s Attor- exceed six hours. of the House of Representatives a report de- ney. In 1972, he was elected to the post (4) Even with the significant travel times, tailing a plan to implement the require- himself. He became the first and, to veterans from Far South Texas demonstrate ments in subsection (c), including an esti- this day, the only African American a high demand for health care services from mate of the cost of required actions and the elected to county-wide office in Cham- the Department of Veterans Affairs. time necessary for the completion of those (5) Ongoing overseas deployments of mem- actions. paign County. bers of the Armed Forces from Texas, includ- (e) FAR SOUTH TEXAS DEFINED.—In this sec- In 1977, President Jimmy Carter ap- ing members of the Armed Forces on active tion, the term ‘‘Far South Texas’’ means the pointed Mr. Burgess to be United duty, members of the Texas National Guard, following counties in Texas: Aransas, Bee, States Attorney for what was then the and members of the other reserve compo- Brooks, Calhoun, Cameron, DeWitt, Dimmit, Eastern District of Illinois. He held nents of the Armed Forces, will continue to Duval, Goliad, Hidalgo, Jackson, Jim Hogg, that position until 1982. Mr. Burgess increase demand for medical services pro- Jim Wells, Kenedy, Kleberg, Nueces, passed away in 1997. vided by the Department of Veterans Affairs. Refugio, San Patricio, Starr, Victoria, Webb, I look forward to working with my (6) The Department of Veterans Affairs em- Willacy, Zapata. colleagues in the House and Senate to ploys an annual Strategic Capital Invest- complete the effort long-undertaken by ment Planning process to ‘‘enable the VA to By Mr. ROCKEFELLER (for him- his loving son, Steve, and family to continually adapt to changes in demo- self, Mr. MANCHIN, Mr. HARKIN, honor this worthy Illinoisan and patri- graphics, medical and information tech- and Mrs. MURRAY): nology, and health care delivery’’, which re- S. 805. A bill to improve compliance otic American. sults in the development of a multi-year in- Mr. President, I ask unanimous con- with mine and occupational safety and vestment plan that determines where gaps in health laws, and empower workers to sent that the text of the bill be printed services exist or are projected and develops in the RECORD. an appropriate solution to meet those gaps. raise safety concerns, prevent future There being no objection, the text of (7) According to the Department of Vet- mine and other workplace tragedies, the bill was ordered to be printed in erans Affairs, final approval of the Strategic and establish rights of families of vic- the RECORD, as follows: Capital Investment Planning priority list tims of workplace accidents, and for S. 796 serves as the ‘‘building block’’ of the annual other purposes; to the Committee on Be it enacted by the Senate and House of Rep- budget request for the Department. Health, Education, Labor, and Pen- resentatives of the United States of America in (8) Arturo ‘‘Treto’’ Garza, a veteran who sions. Congress assembled, served in the Marine Corps, rose to the rank Mr. ROCKEFELLER. Mr. President, I SECTION 1. JAMES R. BURGESS JR. POST OFFICE of Sergeant, and served two tours in the Vietnam War, passed away on October 3, rise today to discuss mine safety, a BUILDING. critical issue to my state and the tens (a) DESIGNATION.—The facility of the 2012. United States Postal Service located at 302 (9) Treto Garza, who was also a former co- of thousands of miners across the Na- East Green Street in Champaign, Illinois, chairman of the Veterans Alliance of the Rio tion. shall be known and designated as the ‘‘James Grande Valley, tirelessly fought to improve Earlier this month we observed the R. Burgess Jr. Post Office Building’’. health care services for veterans in the Rio third anniversary of the Upper Big (b) REFERENCES.—Any reference in a law, Grande Valley, with his efforts successfully Branch mine disaster which killed map, regulation, document, paper, or other leading to the creation of the South Texas twenty nine of our Nation’s miners. record of the United States to the facility re- VA Health Care Center at Harlingen, located That disaster, the most deadly in dec- ferred to in subsection (a) shall be deemed to in Harlingen, Texas. ades, shocked the country and made us be a reference to the ‘‘James R. Burgess Jr. (b) REDESIGNATION OF SOUTH TEXAS DE- Post Office Building’’. PARTMENT OF VETERANS AFFAIRS HEALTH realize that we must aggressively and CARE CENTER.— continually seek to make mining safer By Mr. CORNYN: (1) IN GENERAL.—The South Texas Depart- and we cannot rest—because no num- S. 800. A bill to require the Secretary ment of Veterans Affairs Health Care Center ber of deaths or accidents is accept- of Veterans Affairs to ensure that the at Harlingen, located in Harlingen, Texas, is able. South Texas Department of Veterans redesignated as the ‘‘Treto Garza South In the past 3 years we have seen some Affairs Health Care Center at Har- Texas Department of Veterans Affairs positive steps in our Nation’s mine lingen, located in Harlingen, Texas, in- Health Care Center’’. safety efforts. cludes a full-service inpatient health (2) REFERENCES.—Any reference in a law, As part of the Dodd-Frank bill we re- map, regulation, document, paper, or other care facility of the Department of Vet- quired publicly-traded mining compa- erans Affairs, to redesignate such cen- record of the United States to the medical facility of the Department of Veterans Af- nies to report safety information to ter, and for other purposes; to the Com- fairs referred to in paragraph (1) shall be their shareholders through their public mittee on Veterans’ Affairs. deemed to be a reference to the ‘‘Treto Garza filings with the Securities and Ex- Mr. CORNYN. Mr. President, I ask South Texas Department of Veterans Affairs change Commission. unanimous consent that the text of the Health Care Center’’. Congress provided additional funds, bill be printed in the RECORD. (c) REQUIREMENT OF FULL-SERVICE INPA- $22 million, for MSHA and the Federal There being no objection, the text of TIENT FACILITY.— Mine Safety and Health Review Com- the bill was ordered to be printed in (1) IN GENERAL.—The Secretary of Veterans mission to reduce the appeals backlog, the RECORD, as follows: Affairs shall ensure that the Treto Garza enforce mine safety laws and inves- S. 800 South Texas Department of Veterans Affairs Health Care Center includes a full-service in- tigate the Upper Big Branch Disaster. Be it enacted by the Senate and House of Rep- MSHA has also pursued increased en- resentatives of the United States of America in patient health care facility of the Depart- Congress assembled, ment and shall modify the existing facility forcement actions through their im- SECTION 1. SHORT TITLE. as necessary to meet that requirement. pact inspections that target violations This Act may be cited as the ‘‘Treto Garza (2) PLAN TO EXPAND FACILITY CAPABILI- at unsafe mines with poor compliance Far South Texas Veterans Inpatient Care TIES.—The Secretary shall include in the an- history or specific safety concerns. As Act of 2013’’. nual Strategic Capital Investment Plan of of March 2013, the Administration had the Department a project to expand the ca- SEC. 2. INPATIENT HEALTH CARE FACILITY AT pabilities of the Treto Garza South Texas conducted 579 impact inspections, re- DEPARTMENT OF VETERANS AF- sulting in 10,036 citations, 946 orders, FAIRS MEDICAL FACILITY IN HAR- Department of Veterans Affairs Health Care LINGEN, TEXAS. Center by adding the following: and 43 safeguards. (a) FINDINGS.—Congress makes the fol- (A) Inpatient capability for 50 beds with The administration has finalized lowing findings: appropriate administrative, clinical, diag- rules to improve the broken ‘‘Pattern

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2964 CONGRESSIONAL RECORD — SENATE April 24, 2013 of Violations’’ process to better pursue MSHA reexamine the incidence of eral, MSHA has already implemented repeat offenders. black lung disease every 5 years and, or is on track to timely address all of While we have had these improve- unless there is a decline in black lung, the 100 recommendations with dead- ments we also know that 97 miners update the regulations again. More lines from the investigative teams that have died on the job since this tragedy. than 70 percent of the victims tested at studied the Upper Big Branch explo- That is 97 new grieving families. That Upper Big Branch were determined to sion. is unacceptable to me, and I think to have signs of black lung disease. I applaud these efforts whole- most people. We improve Federal and State Co- heartedly, and I am pleased to mark So it is clear that we must do more. ordination to Combat Safety Viola- our Nation’s progress in mine safety That is why today I am reintroducing tions. The Governor’s Independent In- reform. On-the-job deaths of miners my comprehensive mine safety legisla- vestigation Panel recommended that reached a record low in 2012 of 35. But tion the Robert C. Byrd Mine and Federal and State agencies imme- 35 deaths means 35 brothers, sons, un- Workplace Safety and Health Act of diately work together to address safety cles, and fathers were stolen away from 2013. We do incredibly important things problems at mines right after they are their families last year—a number that in this bill including. found out, and this provision would is still far too high. Catastrophes like We give MSHA expanded authority to strongly encourage such actions. the Upper Big Branch explosion make subpoena documents and testimony. I want to be very clear that I will not it clear that our work here is unfin- Currently, MSHA does not have the au- give up on fighting for the safety and ished. thority to subpoena documents or tes- health of our Nation’s miners. Health To prevent yet another disaster and timony from operators outside the con- and safety are issues that people more unnecessary deaths, Congress text of a formal, public hearing. MSHA shouldn’t have to compromise on. I will must do its part. It is time for the Sen- should have this authority in the con- continue this fight for West Virginia’s ate to take action and ensure that a text of investigations and inspections miners and it is my hope that more of disaster like the Upper Big Branch ex- as well as public hearings. my colleagues will join me in these ef- plosion will never happen again. We We provide for an independent inves- forts. need to strengthen the oversight sys- tigation of the most serious accidents. Mr. HARKIN. Mr. President, I strong- tem for the most dangerous mines, for- The bill creates an independent panel, ly support the Robert C. Byrd Mine and tify penalties for operators who will- comprised of a team of independent ex- Workplace Safety Act. This bill brings fully put miners at risk, and make sure perts, to investigate the actions of the Nation’s mine health and safety miners are protected if they raise safe- both the operator and MSHA for seri- laws up to date, gives mine safety offi- ty concerns. And that is why I strongly ous accidents, including any accident cials the ability to effectively inves- support the Robert C. Byrd Mine and involving three or more deaths. tigate and shut down habitually dan- Workplace Safety Act of 2013. This bill We strengthen whistleblower protec- gerous mines, and holds mine operators is an important step in making good on tions for miners who speak out about accountable for putting their workers an obligation we have to health and unsafe conditions. This bill will require in unnecessary danger. safety of our courageous miners and one hour annually of ‘‘miner’s rights It has been over 3 years since April 5, their families. training’’ to inform workers of the 2010, when a massive explosion ripped This bill stands for some funda- law’s protections, give miners an ex- through Massey Energy’s Upper Big mental principles I believe are shared press right to refuse unsafe work, ex- Branch Mine in West Virginia, trag- by all Americans. pand the time limit for filing a com- ically killing 29 miners. As the son of a We believe that every American de- plaint about retaliation from 60 to 180 coal miner, I continue to feel these serves to go to work without fearing days, and authorize punitive damages losses very deeply, on a very personal for his or her life. and criminal penalties for retaliation level. My heart goes out to the family We believe that responsible busi- against workers who raise safety con- and coworkers of every worker who is nesses that put safety first shouldn’t cerns. killed or injured on the job. Too many have to compete with businesses that We increase maximum penalties. of these tragedies are preventable, and prioritize a quick buck over the safety Currently, criminal violations of mine we should not rest until the day comes of their employees. safety laws are a misdemeanor for a when no hard-working American has to We believe that employers who put first offense. To provide a strong deter- sacrifice his or her life for a paycheck. workers’ lives at risk should face seri- rent for such serious misconduct, the The Upper Big Branch catastrophe ous consequences that will force them penalties for knowing violations of spurred numerous investigations, and to change their ways. safety standards will be raised to the the resulting reports have yielded in- We believe that companies shouldn’t felony level, including providing felony sight into specific ways that the gov- be able to hide behind high priced law- penalties for miners, operators, and ernment can act to improve the health yers and convoluted corporate struc- government officials who knowingly and safety of our Nation’s miners. tures to avoid being held accountable provide advance notice of inspections. Under the leadership of Joe Main, the for their actions. We also increase civil penalties for Mine and Safety Health Administra- We believe that the critical agencies making unsafe ventilation changes and tion has already taken many such im- charged with protecting workers’ lives violating mandatory health or safety portant steps. One of their bold new should have all the tools they need to standards for rock dusting or failing to safety initiatives that flowed from the get the job done. keep the records required. These are Upper Big Branch explosion was to We believe that whistleblowers are areas of particular concern that were overhaul the ‘‘pattern of violations’’ the first line of defense in safe work- highlighted by investigations con- process, which targets the worst actors places and deserve strong protection ducted by the Mine Safety and Health in the mining industry. The pattern of from discrimination and retaliation. Administration, the United Mine violations regulation addresses a root The Robert C. Byrd Mine and Work- Workers of America, and the Gov- cause of the Upper Big Branch disaster place Safety Act of 2013 reflects these ernor’s Independent Investigation. by strengthening worker protections at core principles and includes effective We limit Miners’ Exposure to Black mines where operators are repeatedly policies to achieve them. Its passage Lung Disease. This debilitating disease and flagrantly disregarding safety would be a major step forward for is on the rise among a new generation rules. It is a substantial step forward workplace safety. of coal miners. Specifically, the provi- that will help address the problems at This legislation also makes common sion would require that MSHA issue a our most dangerous mines before dis- sense reforms to the Occupational rule within 6 months, a rule that is aster strikes. And MSHA has made Safety and Health Act, OSHA, which long overdue, to lower exposure levels similar progress on other recommenda- has not been significantly updated to respirable dust which would provide tions stemming from the Upper Big since it was passed over 40 years ago. the maximum feasible protection that Branch disaster. Indeed, according to a For example, whistleblower protec- is achievable through environmental March 31, 2013, report from the Labor tions under the OSH Act are toothless controls. It would also require that Department’s Office of Inspector Gen- and unfairly tilted against workers

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2965 who risk their career to protect the Whereas the United States can never ‘‘(b) The analysis and explanation required public welfare. This bill makes essen- thank the proud members of the Armed by this subparagraph shall contain— tial changes to ensure that workers are Forces enough for what they do for this ‘‘(1) an analysis by the Congressional Re- protected, including lengthening country on a daily basis: Now, therefore, be search Service to determine if the bill or it joint resolution creates any new Federal pro- OSHA’s 30-day statute of limitation for Resolved, That the Senate— gram, office, or initiative that would dupli- whistleblowers, providing for reinstate- (1) believes that abandoning the search ef- cate or overlap any existing Federal pro- ment while the legal process unfolds forts for members of the Armed Forces who gram, office, or initiative with similar mis- for cases with an initial finding of are missing or captured in the line of duty sion, purpose, goals, or activities along with merit and giving the worker the right now or in the future is unacceptable; a listing of all of the overlapping or duplica- to file their own claim in court if the (2) believes that the United States has a re- tive Federal program or programs, office or government does not investigate the sponsibility to keep the promises made to offices, or initiative or initiatives; and members of the Armed Forces who risk their claim in a timely manner. ‘‘(2) an explanation provided by the com- lives on a daily basis on behalf of the people mittee as to why the creation of each new The bill also strengthens criminal of the United States; program, office, or initiative is necessary if and civil penalties that, at present, are (3) supports the United States Soldier’s a similar program or programs, office or of- too weak to protect workers. Under Creed and the Warrior Ethos, which state fices, or initiative or initiatives already current law, an employer may be that ‘‘I will never leave a fallen comrade’’; exist. charged—at most—with a misdemeanor and ‘‘(c) This paragraph may be waived by joint when a willful violation of OSHA leads (4) believes that, while the United States agreement of the Majority Leader and the to a worker’s death. Under the Robert continues to transition leadership roles in Minority Leader of the Senate upon their combat operations in Afghanistan to the C. Byrd Mine and Workplace Safety certification that such waiver is necessary as people of Afghanistan, the United States a result of— Act of 2013, felony charges are avail- must continue to fulfill these important ‘‘(1) a significant disruption to Senate fa- able for an employer’s repeated and promises to any member of the Armed cilities or to the availability of the Internet; willful violations of OSHA that result Forces who is in a missing status or captured or in a worker’s death or serious injury. as a result of service in Afghanistan now or ‘‘(2) an emergency as determined by the The bill also updates OSHA civil pen- in the future. leaders.’’. alties—which have been unchanged f f since 1990—and sets a minimum pen- SENATE RESOLUTION 110—TO PRE- SENATE RESOLUTION 111—SUP- alty of $50,000 for a worker’s death VENT THE CREATION OF DUPLI- PORTING THE GOALS AND caused by a willful violation. CATIVE AND OVERLAPPING FED- IDEALS OF NATIONAL SAFE In addition to toughening sanctions ERAL PROGRAMS for employers who needlessly expose DIGGING MONTH Mr. COBURN (for himself and Mr. their employees to risk, the bill makes Mr. REID (for Mr. LAUTENBERG (for UDALL of Colorado) submitted the fol- sure that the government is responsive himself, Mr. ROCKEFELLER, Mr. THUNE, to workers when investigating charges. lowing resolution; which was referred to the Committee on Rules and Admin- and Mr. BLUNT)) submitted the fol- It guarantees victims the right to meet lowing resolution; which was consid- with the person investigating the istration: Resolved, ered and agreed to: claim, to be notified of and receive cop- SECTION 1. SHORT TITLE. S. RES. 111 ies of reports or citations issued in the This resolution may be cited as the ‘‘Pre- Whereas each year, the underground util- investigation, and to be notified of and venting Duplicative and Overlapping Govern- ity infrastructure of the United States, in- have the right to appear at proceedings ment Programs Resolution’’. cluding pipelines, electric, gas, tele- related to their case. Victims of retal- SEC. 2. REPORTED LEGISLATION. communications, water, sewer, and cable tel- iation should not suffer the double in- Paragraph 11 of rule XXVI of the Standing evision lines, is jeopardized by unintentional dignity of being ignored by government Rules of the Senate is amended— damage caused by those who fail to have un- officials charged with protecting them. (1) in subparagraph (c), by striking ‘‘and derground lines located prior to digging; I hope that my colleagues on both (b)’’ and inserting ‘‘(b), and (c)’’; Whereas some utility lines are buried only sides of the aisle will support the Rob- (2) by redesignating subparagraph (c) and a few inches underground, making the lines subparagraph (d); and easy to strike, even during shallow digging ert C. Byrd Mine and Workplace Safety (3) by inserting after subparagraph (b) the projects; Act of 2013. This important bill would following: Whereas digging prior to locating under- take a tremendous step forward for ‘‘(c) The report accompanying each bill or ground utility lines often results in unin- mine safety and could ultimately save joint resolution of a public character re- tended consequences, such as service inter- the lives of thousands of hard-working ported by any committee (including the ruption, environmental damage, personal in- Americans. Committee on Appropriations and the Com- jury, and even death; mittee on the Budget) shall contain— Whereas the month of April marks the be- f ‘‘(1) an analysis by the Congressional Re- ginning of the peak period during which ex- SUBMITTED RESOLUTIONS search Service to determine if the bill or cavation projects are carried out around the joint resolution creates any new Federal pro- United States; gram, office, or initiative that would dupli- Whereas in 2002, Congress required the De- cate or overlap any existing Federal pro- partment of Transportation and the Federal SENATE RESOLUTION 109—EX- gram, office, or initiative with similar mis- Communications Commission to establish a PRESSING THE SENSE OF THE sion, purpose, goals, or activities along with 3-digit, nationwide, toll-free number to be SENATE THAT THE UNITED a listing of all of the overlapping or duplica- used by State ‘‘One Call’’ systems to provide STATES SHOULD LEAVE NO tive Federal program or programs, office or information on underground utility lines; MEMBER OF THE ARMED offices, or initiative or initiatives; and Whereas in 2005, the Federal Communica- FORCES UNACCOUNTED FOR ‘‘(2) an explanation provided by the com- tions Commission designated ‘‘811’’ as the DURING THE DRAWDOWN OF mittee as to why the creation of each new nationwide ‘‘One Call’’ number for home- program, office, or initiative is necessary if FORCES IN AFGHANISTAN owners and excavators to use to obtain infor- a similar program or programs, office or of- mation on underground utility lines before Mr. TOOMEY (for himself, Mr. fices, or initiative or initiatives already conducting excavation activities; CASEY, and Mr. MCCONNELL) submitted exist.’’. Whereas ‘‘One Call’’ has helped reduce the the following resolution; which was re- SEC. 3. CONSIDERATION OF LEGISLATION. number of digging damages caused by failure ferred to the Committee on Armed Rule XVII of the Standing Rules of the to call before digging from 48 percent in 2004 Services: Senate is amended by inserting at the end to 26 percent in 2011; thereof the following: Whereas the 1,600 members of the Common S. RES. 109 ‘‘6. (a) It shall not be in order in the Senate Ground Alliance, who are dedicated to ensur- Whereas the United States is a country of to proceed to any bill or joint resolution un- ing public safety, environmental protection, great honor and integrity; less the committee of jurisdiction has pre- and the integrity of services, promote the Whereas the United States has made a sa- pared and posted on the committee website national ‘‘Call Before You Dig’’ campaign to cred promise to members of the Armed an overlapping and duplicative programs increase public awareness about the impor- Forces who are deployed overseas in defense analysis and explanation for the bill or joint tance of homeowners and excavators calling of this country that their sacrifice and serv- resolution as described in subparagraph (b) 811 to find out the exact location of under- ice will never be forgotten; and prior to proceeding. ground lines;

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2966 CONGRESSIONAL RECORD — SENATE April 24, 2013 Whereas the Pipeline Safety, Regulatory ees of the House of Representatives, and and libraries across the United States to ex- Certainty, and Job Creation Act of 2011 af- 12,800 employees of other entities; tend the joy of reading to millions of people firmed and expanded the ‘‘One Call’’ program Whereas the Sergeant at Arms of the Sen- in the United States and to prevent used by eliminating the exemptions from noti- ate implemented enhanced mail screening books from being thrown away; fying ‘‘One Call’’ centers before digging that procedures following the opening of a letter Whereas libraries in the United States were formerly given to local and State gov- containing anthrax spores that was delivered have provided valuable resources to people ernment agencies and their contractors; and to the Senate on October 15, 2001; who are affected by the economic crisis by Whereas the Common Ground Alliance has Whereas employees of the Senate Post Of- encouraging continued education and job designated April as ‘‘National Safe Digging fice mail screening facility in Landover, training; Month’’ to increase awareness of safe digging Maryland, serve as the first line of defense of Whereas libraries are increasingly being practices across the United States and to the Senate against biochemical threats de- used as a resource for people seeking the celebrate the anniversary of 811, the national livered through the mail; tools and information necessary to enter or ‘‘Call Before You Dig’’ number: Whereas employees of the Senate Post Of- reenter the workforce; and Now, therefore, be it fice mail screening facility in Landover, Whereas several States that recognize the Resolved, That the Senate— Maryland, successfully intercepted an enve- importance of libraries and reading have (1) supports the goals and ideals of Na- lope that tested positive for the deadly poi- adopted resolutions commemorating April 23 tional Safe Digging Month; and son ricin on April 16, 2013; as ‘‘Adopt a Library Day’’: Now, therefore, (2) encourages all homeowners and exca- Whereas employees of the Senate Post Of- be it vators throughout the United States to call fice mail screening facility in Landover, 811 before digging. Maryland, immediately implemented emer- Resolved, That the Senate— (1) designates April 23, 2013 as ‘‘National f gency protocols and contacted the Capitol Police and medical emergency response Adopt a Library Day’’; SENATE RESOLUTION 112—COM- teams; and (2) honors the organizations that facilitate MENDING EMPLOYEES OF THE Whereas the Capitol Police, other law en- donations to schools and libraries; SENATE POST OFFICE, EMPLOY- forcement agencies, and medical profes- (3) urges all people of the United States EES OF THE SERGEANT AT sionals responded expeditiously to the mail who own unused books to donate the books ARMS OF THE SENATE, MEM- screening facility in Landover, Maryland, to local libraries; BERS OF THE CAPITOL POLICE, and performed their duties with courage and (4) strongly supports children and families professionalism in spite of the threat of toxic who take advantage of the resources pro- AND MEMBERS OF THE CAPITOL exposure: Now, therefore, be it vided by schools and libraries; and HILL COMMUNITY FOR THEIR Resolved, That the Senate— (5) encourages the people of the United COURAGE AND PROFES- (1) commends employees of the Senate States to observe National Adopt A Library SIONALISM FOLLOWING THE BIO- Post Office, employees of the Sergeant at Day with appropriate ceremonies and activi- CHEMICAL ATTACK AGAINST Arms of the Senate, members of the Capitol ties. THE SENATE ON APRIL 16, 2013 Police, and members of the Capitol Hill com- munity for their courage, professionalism, Mr. WICKER (for himself, Mr. REID, and dedication to serving the public in re- f Mr. MCCONNELL, Mr. ALEXANDER, Ms. sponse to the biochemical attack against the AYOTTE, Ms. BALDWIN, Mr. BARRASSO, Senate on April 16, 2013; SENATE RESOLUTION 114—TO AU- Mr. BAUCUS, Mr. BEGICH, Mr. BENNET, (2) recognizes the congressional leadership, THORIZE TESTIMONY, DOCU- Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- congressional employees, the Capitol Police, MENTS, AND REPRESENTATIONS and the Office of the Attending Physician for MAN, Mrs. BOXER, Mr. BROWN, Mr. establishing effective screening methods and IN UNITED STATES V. RENZI, ET BURR, Ms. CANTWELL, Mr. CARDIN, Mr. response plans that prevented injury and AL CARPER, Mr. CASEY, Mr. CHAMBLISS, death within the United States Capitol Com- Mr. COATS, Mr. COBURN, Mr. COCHRAN, plex; and Mr. REID (for himself and Mr. Ms. COLLINS, Mr. COONS, Mr. CORKER, (3) requests that the President recognize MCCONNELL) submitted the following Mr. CORNYN, Mr. COWAN, Mr. CRAPO, the courage and professionalism of the em- resolution; which was considered and Mr. CRUZ, Mr. DONNELLY, Mr. DURBIN, ployees of the Senate Post Office, employees agreed to: Mr. ENZI, Mrs. FEINSTEIN, Mrs. FISCH- of the Sergeant at Arms of the Senate, mem- bers of the Capitol Police, and members of S. RES. 114 ER, Mr. FLAKE, Mr. FRANKEN, Mrs. the Capitol Hill community for their stead- GILLIBRAND, Mr. GRAHAM, Mr. GRASS- Whereas, in the case of United States v. fast service to the public in defiance of those Renzi, et al., Case No. 08–212, pending in Ari- LEY, Mrs. HAGAN, Mr. HARKIN, Mr. who seek to disrupt the constitutional duties zona Federal district court, the prosecution HATCH, Mr. HEINRICH, Ms. HEITKAMP, of the legislative branch. and defense have requested the production of Mr. HELLER, Ms. HIRONO, Mr. HOEVEN, f documents and employee testimony from the Mr. INHOFE, Mr. ISAKSON, Mr. JOHANNS, offices of Senator John McCain and former Mr. JOHNSON of Wisconsin, Mr. JOHNSON SENATE RESOLUTION 113—DESIG- Senator Jon Kyl; of South Dakota, Mr. KAINE, Mr. KING, NATING APRIL 23, 2013 AS ‘‘NA- Whereas, by the privileges of the Senate of Mr. KIRK, Ms. KLOBUCHAR, Ms. LAN- TIONAL ADOPT A LIBRARY DAY’’ the United States and Rule XI of the Stand- DRIEU, Mr. LAUTENBERG, Mr. LEAHY, Mr. KAINE (for himself and Ms. COL- ing Rules of the Senate, no evidence under Mr. LEE, Mr. LEVIN, Mr. MANCHIN, Mr. LINS) submitted the following resolu- the control or in the possession of the Senate may, by the judicial or administrative proc- MCCAIN, Mrs. MCCASKILL, Mr. MENEN- tion; which was considered and agreed ess, be taken from such control or possession DEZ, Mr. MERKLEY, Ms. MIKULSKI, Mr. to: but by permission of the Senate; MORAN, Ms. MURKOWSKI, Mr. MURPHY, S. RES. 113 Whereas, when it appears that evidence Mrs. MURRAY, Mr. NELSON, Mr. PAUL, Whereas libraries are an essential part of under the control or in the possession of the Mr. PORTMAN, Mr. PRYOR, Mr. REED of the communities and the national education Senate may promote the administration of Rhode Island, Mr. RISCH, Mr. ROBERTS, system of the United States; justice, the Senate will take such action as Mr. ROCKEFELLER, Mr. RUBIO, Mr. Whereas the availability of books and serv- will promote the ends of justice consistent SANDERS, Mr. SCHATZ, Mr. SCHUMER, ices provided by libraries are vital to the with the privileges of the Senate: Now, happiness, livelihood, and prosperity of the Mr. SCOTT, Mr. SESSIONS, Mrs. SHA- therefore, be it families and communities of the United Resolved, That the Office of Senator John HEEN, Mr. SHELBY, Ms. STABENOW, Mr. States; TESTER, Mr. THUNE, Mr. TOOMEY, Mr. Whereas the people of the United States McCain and the former Office of Senator Jon UDALL of Colorado, Mr. UDALL of New benefit significantly from libraries that Kyl are authorized to produce relevant docu- Mexico, Mr. VITTER, Mr. WARNER, Ms. serve as an open place for people of all ages ments and employee testimony in the case of WARREN, Mr. WHITEHOUSE, and Mr. and backgrounds to use books and other re- United States v. Renzi, et al., except con- WYDEN) submitted the following reso- sources that offer pathways to learning, self- cerning matters for which a privilege should lution; which was considered and discovery, and the pursuit of knowledge; be asserted. Whereas libraries in the United States de- agreed to: SEC. 2. The Senate Legal Counsel is author- pend on the generous donations and support S. RES. 112 of individuals and groups to ensure that peo- ized to represent current and former employ- Whereas approximately 30,000 legislative ple who are unable to purchase books still ees of the offices of Senators McCain and Kyl branch employees work in the United States have access to a wide variety of resources; in connection with the production of evi- Capitol Complex, including approximately Whereas certain nonprofit organizations dence authorized in section one of this reso- 6,200 employees of the Senate, 11,500 employ- facilitate the donation of books to schools lution.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2967 SENATE CONCURRENT RESOLU- Whereas reductions in Social Security ben- not sound like a lot. Yes, not to some TION 15—EXPRESSING THE efits from using the Chained CPI to calculate of us, not to us with our incomes. Look SENSE OF CONGRESS THAT THE Social Security COLAs would continue to at the kind of retirement programs we CHAINED CONSUMER PRICE compound over time, and the AARP Public have. If you are in the upper quintile, Policy Institute estimates that the reduc- INDEX SHOULD NOT BE USED TO tions would grow to 3 percent after 10 years of course, that does not seem like CALCULATE COST-OF-LIVING AD- and 8.5 percent after 30 years; much. But, again, if we look at a sec- JUSTMENTS FOR SOCIAL SECU- Whereas Social Security Works estimates ond chart I have, we will see who really RITY OR VETERANS BENEFITS, that using the Chained CPI to calculate So- kind of gets hurt, and it is the poorer OR TO INCREASE THE TAX BUR- cial Security COLAs would reduce annual you are. DEN ON LOW- AND MIDDLE-IN- Social Security benefits of the average earn- Let’s put it this way: Let’s say you COME TAXPAYERS er by $658 at age 75, $1,147 at age 85, and $1,622 are 65, and your total income is less at age 95; Mr. HARKIN (for himself, Mr. WHITE- than $12,554 a year. That puts you Whereas reductions in Social Security ben- below the poverty line. The total HOUSE, Mr. SANDERS, Ms. WARREN, Ms. efits would harm some of the most vulner- MIKULSKI, Mr. BROWN, Mr. LAUTEN- able populations in the United States; amount of your income that comes BERG, Mr. FRANKEN, Mrs. GILLIBRAND, Whereas adopting the Chained CPI would from Social Security is 84.3 percent. Ms. HIRONO, Mrs. HAGAN, Mr. SCHATZ, cause tax brackets and the standard deduc- Well, you might think, if you are mak- Mr. MERKLEY, Mr. REED of Rhode Is- tion to rise more slowly, disproportionately ing less than that, wouldn’t all your land, and Mr. BEGICH) submitted the raising the tax burden on low- and middle-in- money come from Social Security? following concurrent resolution; which come taxpayers; Well, the answer is yes, but—and I was referred to the Committee on Fi- Mr. HARKIN. Mr. President, I come question people about this—if you are nance: to the floor today along with my col- making that little amount of money, S. CON. RES. 15 league from Vermont to introduce a and you are over 65, you are probably concurrent resolution expressing the Whereas the Social Security program was working at some part-time job. Maybe established more than 77 years before the sense of Congress that the so-called you are baby-sitting, maybe you are date of agreement to this resolution and has chained CPI should not be used for the cleaning houses, maybe you are a provided economic security to generations of purpose of calculating Social Security greeter at a store. You are probably Americans through benefits earned based on benefits or benefits for disabled vet- doing something to add to your in- contributions made over the lifetime of the erans. worker; come, but it would only amount to As we work to reduce the deficit in a about 16 percent. Most of it comes from Whereas the Social Security program con- balanced and responsible manner, tinues to provide modest benefits, averaging Social Security. approximately $1,156 per month, to more many have discussed changing the We can see from this chart, even than 57,000,000 individuals, including measure of inflation used to calculate after you get up to $20,000 a year, it is 37,000,000 retired workers in March 2013; the cost-of-living allowances to a about the same. About 84 percent of Whereas the Social Security program has measure of inflation called the chained your money comes from Social Secu- no borrowing authority, has accumulated as- CPI. rity. So if you take a cut in Social Se- sets of $2,700,000,000,000, and, therefore, does Now, some claim that the chained curity, and you are lower income, that not contribute to the Federal budget deficit; CPI is a more accurate measure of in- Whereas the Board of Trustees of the Fed- is where you get whacked the most. eral Old-Age and Survivors Insurance Trust flation because it takes into account Of course, when you get up here to Fund projects that the Trust Fund can pay the fact that consumers may change the fifth quintile, you are making more full benefits through 2032; their spending behavior and substitute than $57,957 a year. Only 17 percent of Whereas the Social Security program is de- items with lower priced increases for your income comes from Social Secu- signed to ensure that benefits keep pace with items with higher priced increases. As rity. So you say, well, if you took $600- inflation through cost-of-living adjustments a result of this feature, the chained some a year from that, yes, you can (referred to in this preamble as ‘‘COLAs’’) CPI results in a lower measure of infla- that are based upon the measured changes in probably afford it. But even if you look prices of goods and services purchased by tion. at up to $57,000 a year in the fourth consumers that is currently published by the All of this may seem very technical, quintile, almost half—43.5 percent—of Bureau of Labor Statistics as the Consumer but the impact of requiring Social Se- your total income comes from Social Price Index for Urban Wage Earners and curity or veterans disability COLAS— Security. So even if you are making Clerical Workers (CPI–W); cost-of-living adjustments—to be based $30,000, $35,000 a year, after age 65 half Whereas the Bureau of Labor Statistics on the chained CPI is anything but of your income comes from Social Se- publishes a supplemental measure of infla- technical. It will have real and nega- curity. tion, the Chained Consumer Price Index for tive impacts on our seniors and those all Urban Consumers (C–CPI–U), or ‘‘Chained So, again, when you start making CPI’’, which adjusts for projected changes in who become disabled as a result of these kinds of cuts in the chained CPI, consumer behavior resulting from price fluc- service in the Armed Forces. In fact, you might say: Well, it is only $658 a tuations known as the ‘‘substitution effect’’; the most adversely impacted would be year. For someone in the lower Whereas the substitution effect occurs the oldest and the poorest. I do not quintiles, that is like a month’s worth when consumers buy more goods and services think anything could be more unfair or of food, perhaps 6 weeks’ worth of food. with prices that are rising slower than aver- inappropriate or unnecessary. Tell me that does not have an effect. Of age and fewer goods and services with prices As this first chart shows, the chained that are rising faster than average; course it has an effect. Whereas studies indicate that typical So- CPI is a real cut in Social Security If you are in the upper income, you cial Security beneficiaries spend a signifi- benefits. According to Social Security probably do not have that much to cantly higher percentage of their budget Works, this policy would reduce annual worry about. That is why the per- than other consumers on health care, health Social Security benefits for the aver- nicious effect of chained CPI is that care prices have increased at higher than av- age worker at age 75 by $658 a year, by the longer you live, the more you are erage rates, and consumers, including sen- age 85 by $1,147 a year, and by age 95 by penalized; and the lower your income, iors, may not be able to substitute health $1,622 a year. Over on this side of the the bigger whack you are taking out of care easily; Whereas the current COLAs, based on the chart we see the cumulative cut; in your total income. So, again, as people CPI-W, fail to reflect that Social Security other words, what would happen over get older, they are more likely to have beneficiaries spend more of their income pro- the years. From age 65 to 75 people depleted all their sources of retirement portionally on expenses such as health care would lose about $4,600, by age 85 they income, assuming they have any to as compared to a regular wage earner, and would lose $13,900, and by age 95 they begin with. therefore underestimate increases in the cost would lose $28,000. So a couple of facts I think are perti- of living of Social Security beneficiaries; I think a couple things this chart nent: First, today only one in five Whereas the Congressional Budget Office shows is that people are penalized for Americans has a defined benefit pen- has estimated that using the Chained CPI to calculate Social Security COLAs would re- living longer—the longer they live, the sion that will last until the day they duce Social Security benefits by 0.25 percent more they are penalized. die—one in five. When I first came to per year, resulting in a reduction in outlays Now, one might say: Well, $658 a year Congress it was one in two. One out of of $127,000,000,000 over the first decade; by the time you are age 75, that does every two Americans had a defined

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2968 CONGRESSIONAL RECORD — SENATE April 24, 2013 benefit pension that would last them But if you were to take that and With that, I yield to my good friend until the day they died. Now it is one raise the wage cap, you could increase who knows this issue better than just in five, and it is getting less all the Social Security payments by $65 a about anybody I know and who has time. month and secure Social Security for fought so hard on behalf of Social Se- Second—and this startles a lot of up to 75 years. It seems to me if you curity and keeping that trust fund and people—50 percent of the American want to send a message to the young keeping the trust in Social Security. populace have less than $10,000 in sav- people about the sanctity and stability I yield the floor to Senator SANDERS. ings—less than $10,000. One out of every of Social Security, you would say that The PRESIDING OFFICER. The Sen- two Americans has less than $10,000 in rather than we are going to cut, we are ator from Vermont. savings. Well, you can see, if you have going to have this so-called chained Mr. SANDERS. I want to thank my that when you retire, that is going to CPI. colleague Senator HARKIN not only for be gone pretty soon, so then you are As I said, I know it sounds technical. his fight for seniors and disabled vets going to rely, again, strictly on Social But it is not technical at all. I once on this issue but for his long career in Security. likened chained CPI to an anchor fighting for those people who often do So when you put those two facts to- chain. If you are standing on the boat not have a voice here in Washington. gether—four out of five have no pen- and the anchor chain gets around your The time has come for the Senate to sion, and half have less than $10,000 in ankle and someone throws the anchor send a very loud and clear message to savings—then you see that soon after overboard, where are you going? You the American people. It is the message you retire, the only thing you have left are going down. That is what chained Senator HARKIN has just articulated, is Social Security. CPI does. The older you get, the more that is, we are not going to balance the So it is already hard enough now for you get hit on. The poorer you are, the budget on the backs of the elderly, on millions of people hoping to retire, but more you get hit. the backs of disabled veterans, on the then you put chained CPI in there, and So, again, this idea that we have got backs of those people who are already, you really are hitting the oldest and to somehow cut benefits, have this in the midst of this terrible recession, the poorest. chained CPI in order to save Social Se- hurting so much. So, again, I know people are saying: curity is wrong. It is wrong. There are As chairman of the Senate Veterans Well, we have to do something to save other ways of doing it that would be Affairs Committee, let me make it Social Security for those in the future. widely, broadly supported by the Amer- very clear that I will do everything I Well, I agree with that. That is why ican people. Go out and ask any group, can to make sure we are not balancing whenever I see an honest assessment of ask any group of seniors, do you think the budget on the backs of disabled Social Security for the future, an hon- we ought to raise the wage cap so veterans, men and women who have est assessment that says Social Secu- someone who is making $500,000 a year lost their arms, their legs, and their rity cannot continue to exist as it is, pays in at the same rate as someone eyesight defending this country. That well, I agree with that—as it is. But who is making $50,000 a year? Well, of is morally unacceptable. then there are two approaches. Do you course. That is not the case now. You The chained CPI—and this is an im- whack the benefits or do you increase make $50,000 a year, you pay into So- portant point to make. Sometimes you the revenues that come into Social Se- cial Security on every dime you make. hear the crescendo inside the beltway, curity? If you make $500,000 a year, you are and all of the lobbyists talking: This is Two different approaches. You do not only paying in on the first about 20 the right way to go. But as Senator have to cut the benefits. In fact, I cents of every dollar you make. After HARKIN mentioned, go across America, would say that by talking about that you do not pay into Social Secu- chained CPI, the signal you are sending from Iowa to Vermont, California to rity. Maine, the American people are saying to the younger generation is: Well, I think the average American would in poll after poll: No, do not cut Social maybe when you get there we will say, that is not fair. What is good for Security. Do not cut benefits for dis- whack it some more. someone making $100,000 a year ought A lot of young people are saying, I do to be the same for someone making $1 abled vets. The organizations that represent not know if Social Security is going to million a year. So there are other ways tens of millions of people are saying be there for me when I get that age. of securing Social Security. This the same thing. The American Legion, When they hear people talking about chained CPI sends the wrong message the Veterans of Foreign Wars, the Dis- chained CPI and cutting this, they are to young people. It exacerbates the right to be worried whether we are concern young people have, is Social abled American Veterans, the Iraq and going to keep our promise to this next Security going to be there when I re- Afghanistan Veterans of America, the generation that we will have a Social tire? Gold Star Wives, the Disabled Amer- Security system they can rely on and I always tell them: Do you believe ican Veterans, they are on record—and count on. the U.S. Government will exist when I have submitted their testimony into So what is to be done? Well, last year you retire? They say: Well, yes. I say: the CONGRESSIONAL RECORD—they are I introduced legislation that would ba- If that is the case, Social Security will in opposition to this chained CPI. sically extend the life of the Social Se- be there, because it is backed by the But it is not just veterans organiza- curity trust fund to 2050 and give a $65- full faith and credit of the U.S. Govern- tions. The chained CPI is opposed by a-month increase to every Social Secu- ment. every major senior citizens group in rity recipient, and yet extend the life What are we supposed to do? Are we this country—the AARP, the National of it for over 18 more years. supposed to cut that full faith and Committee to Preserve Social Security How do we do that? Very simply. We credit, and tell the young people, it and Medicare, the Alliance of Retired raise the wage cap for people who pay will be there but we may take cuts Americans, and other groups. The into Social Security from $113,000 a here and there may be cuts there? chained CPI is opposed by every major year, which it is now. Over 10 years we What is a young person to think? Am I trade union in America, including the raise it and do away with it after 10 going to have what I think I am going AFL–CIO. The chained CPI is opposed years. to be able to have and count on Social by every major disability group in the There is another approach too. The Security? country. It is opposed by the National National Academy of Social Insurance, This is a trust. My friend from Organization for Women because they NASI, did a poll earlier this year. They Vermont is always talking about this understand that cutting Social Secu- asked: Would you be willing to go from is a trust fund. It is a trust. It does not rity impacts women more than it does 6.2 percent paying into Social Security add to the deficit. Think about the men. to 7.2 percent, a 1-percent increase over word trust. Social Security trust fund. Maybe once in a while the Senate 20 years, if that would help secure So- You have got to be able to trust it. might want to listen to ordinary Amer- cial Security? Seventy percent of Re- Young people need to be able to trust icans, people who do not have well-paid publicans and Democrats said yes. Over it, that it will be there for them. The lobbyists, people who do not own the 20 years, a 1-percent increase, that is best way to undermine that is to go to local newspapers, and do what is right nothing. this chained CPI. for the American people. There are

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2969 some who believe that lowering cost- recipients who are not in the labor force. It where, they are going to protect the of-living adjustments, COLAs, through and other indices based on the spending pat- poorest of the poor. Well, to my mind, the adoption of a so-called chained CPI terns of workers or the general population when someone in Vermont is trying to would be a minor tweak in benefits, likely understate the impact of cost in- get by on $15,000 a year, that person creases faced by Social Security bene- needs protection. Anyone who thinks hardly worth discussing. ficiaries because seniors and disabled people But let’s be clear. For millions of dis- spend a greater share of their incomes on that is a lot of money clearly does not abled veterans and seniors living on out-of-pocket medical expenses than do have any sense of what is going on in fixed incomes, the chained CPI is not a other consumers, and health costs have risen the real world. minor tweak. It is a significant benefit faster than overall inflation in recent dec- According to the Social Security Ad- cut that will make it harder for perma- ades. ministration, under the administra- nently disabled veterans and the elder- A chained price index is supposed to more tion’s chained CPI proposal, average 65- fully reflect the ability of consumers to sub- year-old retirees would lose $658 a year ly to feed their families, heat their stitute cheaper goods and services in re- homes, pay for their prescription in Social Security benefits by their sponse to price changes. Whether or not such 75th birthday, a cumulative loss of over drugs, and make ends meet. This mis- substitution preserves consumers’ standards guided proposal must be vigorously op- of living, different consumers have varying $4,500. Once again, I understand that posed. ability to make such adjustments. Since el- people here go for lunch, take a few What I find truly disturbing is that derly and disabled people spend a greater friends out, you can spend $600. But for folks such as Treasury Secretary Jack share of their incomes on necessities such as senior citizens struggling on $14,000 or Lew and my Republican colleagues who health care, rent, and utilities, and since $15,000 a year, $658 dollars is a lot of this population is also less mobile, a chained refer to the chained CPI as ‘‘a more ac- money and means the loss, if you do COLA based on the spending patterns of not have that money, of a very basic curate measure of inflation.’’ That is workers or the general population may over- their argument. need. estimate the ability of Social Security bene- For veterans, if we go in the route of Senator HARKIN, when I speak to sen- ficiaries to take advantage of cheaper sub- iors in Vermont and I tell them there stitutes. the chained CPI, disability benefits for are some people in Washington who The actual spending patterns of Social Se- veterans at age 30, they would have think the current COLAs are too gen- curity beneficiaries have not been com- their benefits reduced by $1,425 a year; erous, do you know what invariably prehensively studied. However, an experi- at age 45, $2,300 a year; at age 55, $3,200 mental index computed by the Bureau of a year; at age 65, benefits for surviving happens? They start laughing. They Labor Statistics suggests that the current spouses, the wives who lost their hus- should laugh. Two out of the last 4 COLA may not keep up with seniors’ costs of bands in Iraq and Afghanistan, and years they got zero. I think the last living. Until direct evidence is gathered, their kids would also be cut. COLA was 1.7 percent. There are some there is no empirical basis for reducing the I think as a Senate, as a Congress, we in Washington who think that is too Social Security COLA, which could exacer- bate, rather than correct, an existing prob- should take a deep, deep breath, if we generous. think we should be balancing the budg- I ask unanimous consent to have lem. MR. SANDERS. This is what these et on those people who have already printed in the RECORD a statement given so much to this country. 250 economists write: from 250 Ph.D. economists and 50 social Let me conclude by again making the As economists and social insurance insurance experts who wrote: point Senator HARKIN so ably made. experts, we agree that the annual So- No empirical basis for reducing the Social Many of us want to make sure Social cial Security cost of living adjustment Security COLA. Security is strong not just for the next should be based on the most accurate No empirical basis. 20 years in which it can pay out all measure possible of the impact of infla- There being no objection, the mate- benefits but for the next 75 years. The tion on beneficiaries. For this reason, rial was ordered to be printed in the way to do that is not to cut benefits; we oppose proposals to reduce the So- RECORD, as follows: the way to do that is exactly as Sen- cial Security COLA by tying it to a ECONOMIST AND SOCIAL INSURANCE EXPERT ator HARKIN and I and many other peo- chained consumer price index. Argu- STATEMENT ON SOCIAL SECURITY COLA ple have suggested—that is, under- ments in favor of reducing the COLA NO EMPIRICAL BASIS FOR REDUCING THE SOCIAL standing that there is something ab- are premised on the assumption that SECURITY COLA surd when somebody who makes $5 mil- current COLA overcorrects for infla- November 20, 2012—250 Ph.D. economists lion a year contributes the same exact and more than 50 social insurance experts tion. However, it is just as likely that amount of money into the Social Secu- with doctorates in related fields oppose pro- the current COLA fails to keep up with rity trust fund as somebody who makes posals to reduce the Social Security cost-of- rising costs confronting elderly and $113,000 a year. living adjustment by tying it to an index disabled beneficiaries. There are different ways to approach (the chained CPI–U) that does not reflect the The reason for that is pretty clear. If that issue, but by lifting the cap—and spending patterns of beneficiaries. you are a senior citizen or disabled vet, do it one way or the other—we can As economists and social insurance ex- the likelihood is you are not buying perts, we agree that the annual Social Secu- make Social Security solvent for the iPads or flat-screen TVs or other types next 75 years for our kids and for our rity cost-of-living adjustment (COLA) should of things such as that. What are you be based on the most accurate measure pos- grandchildren. sible of the impact of inflation on bene- buying? You are buying health care, The last point—and Senator HARKIN ficiaries. For this reason, we oppose pro- you are buying prescription drugs, you has been a leader on this issue—point- posals to reduce the Social Security COLA are trying to heat your home. For sen- ing out about how many Americans by tying it to a chained consumer price iors’ purchasing habits, in many ways have lost their pensions. We are prob- index that does not directly measure the ac- inflation has been higher, not lower, ably in worse shape than at any time tual expenditures of beneficiaries. Such a than general inflation. Senator HARKIN in modern history for the average per- move would lower the COLA by an estimated made reference to this. son to go into retirement. Social Secu- 0.3 percentage points per year, translating Let’s be very clear. There are mil- into a 3 percent benefit cut after 10 years and rity is and has been the pillar for those a 6 percent cut after 20 years. The oldest lions and millions of seniors who are people. They have lost their pensions, beneficiaries, who are often the poorest economically struggling, struggling to and their 401(k)s have also been trou- beneficiaries, and persons receiving dis- keep their heads above water to buy bled. Social Security has been there for ability benefits for more than 20 years would the prescription drugs they need, to the last 75-plus years in good times and see even larger cuts over time. pay for the health care costs they need, bad times. It paid out every nickel Arguments in favor of reducing the COLA to keep their homes warm in States owed to every eligible American. are premised on the assumption that the cur- such as Vermont or Iowa in the winter. People are nervous about their re- rent COLA overcorrects for inflation. How- Nearly one-quarter of seniors depend tirements. Let’s stand united and say ever, it is just as likely that the current on Social Security benefits for 100 per- COLA fails to keep up with rising costs con- we are not going to cut Social Security fronting elderly and disabled beneficiaries. cent of their income. Two-thirds de- benefits for seniors or disabled vets. For historical reasons, the current COLA is pend on Social Security for a majority There are other ways to go forward and based on a consumer price index for workers, of their income. We are talking, and I make sure Social Security is strong for excluding retirees and other Social Security hear from the White House and else- the next 75 years.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2970 CONGRESSIONAL RECORD — SENATE April 24, 2013 I yield to the Senator from Iowa. hold the belief that the government is nickel to the deficit because it is fund- Mr. HARKIN. Would the Senator terrible, the government is awful, and ed by the independent payroll tax. yield for a question? the government can’t do anything, and So it is a reasonable question as to First of all, I thank my colleague if there is a program that for 77 years how we make Social Security solvent from Vermont for being a strong voice has paid every nickel owed to every eli- for 75 years rather than just the next 20 on this issue and on so many issues gible American, has very modest ad- years. That is a good debate. The Sen- that affect the elderly and especially ministrative costs, and is very popular ator and I have similar ideas on how we our veterans. The Senator is the chair among the American people, and you should tackle that issue. But it should of that committee. don’t believe in government, that is a not be considered as part of the deficit I am always curious as to why it is bad thing. They have to start cutting reduction effort. And it disturbs me that so many of the dark suits here in it and doing away with it. very much because the administration Washington are always after Social Se- The third point I would make—again, has acknowledged that reality and we curity. I don’t say there is some ill no secret here—is that we have a sig- have heard them over the years say: spirit there, although I will say I think nificant deficit, and we have choices to Yes, we want to deal with Social Secu- the Senator might agree that there are make as to how we deal with the def- rity but not part of deficit reduction. It some who would like to privatize So- icit. bothers me that they have now in- cial Security. We know that. They When we lose $100 billion every single jected Social Security into the deficit have said that in the past—or partially year because corporations stash their reduction debate. privatize it. money in the Cayman Islands and in Mr. HARKIN. There is one last thing It seems to me that so many people other tax havens, maybe we might I would say. The Senator mentioned who get involved in this think it is just want to ask them to start paying their that we have a deficit. We do. We have a little nick. fair share of taxes rather than cutting to address it. We all agree with that. I saw a cartoon of a barber cutting Social Security. But we have col- The Senator pointed out that the off- somebody’s hair. They had this huge leagues who are much more interested shore haven businesses are not paying ball of hair, and they were snipping in the well-being and the profits of their fair share of taxes. just a couple of little hairs off and say- large corporations than they are in the I would like to ask Senator SANDERS ing: That is all we are doing with needs of seniors. one other question. Isn’t it a fact— chained CPI. Those are some of my answers. well, the estimates vary; $1 trillion is They think it is such a small thing. Mr. HARKIN. I have a couple of not stretching the truth—to say that It always occurred to me that those thoughts. I would say to my friend the war in Iraq cost us somewhere people making the decisions, the dark from Vermont, to those who say it is close to $1 trillion? suits, those are all people who probably unconstitutional to do those things, I Mr. SANDERS. I would say that most have good pensions, good retirement wonder if they ever read the preamble estimates suggest that. If you look at systems. They are never going to want to the Constitution, which is, by the both Iraq and Afghanistan, it may be for anything. Yet somehow they just way, part of the Constitution of the three times that number. think, well, $658 bucks—that is not a United States? Mr. HARKIN. I don’t know, but I big deal, up to 75. But, as the Senator We the People of the United States, in have seen estimates up to $1 trillion for pointed out, $658 in 1 year to someone Order to form a more perfect Union, estab- Iraq only. That was all borrowed whose income is $15,000—that could be lish Justice, insure domestic Tranquility, money, so that has to be paid back. a month’s worth of food, 6 weeks’ provide for the common defence, promote Mr. SANDERS. Yes. worth of food. the general Welfare. Mr. HARKIN. So are we going to Mr. SANDERS. That is right. That is part of the Constitution of make the elderly, the poor, the stu- Mr. HARKIN. That is a big whack. I the United States. dents, and the veterans pay for that? would ask the Senator, again, if he has Mr. SANDERS. Of course. Mr. SANDERS. I would say the Sen- any thoughts—— Mr. HARKIN. How we do that obvi- ator makes a very good point. And I Mr. SANDERS. I do. ously can vary from time to time, gen- often point out to my Republican Mr. HARKIN. On why is it that we eration to generation, but the idea that friends that I think you are looking at can’t listen to people and come up with we are here to promote the general yourself and me as some of the major another approach on this rather than welfare as a Federal Government is deficit hawks. this chained CPI? clearly in the Constitution of the Our friends today who want to cut Mr. SANDERS. That is a very impor- United States. Social Security in the name of deficit tant question, and let me answer it in Secondly, the Senator pointed out reduction apparently didn’t have a several ways. First thought: let’s be the idea that Social Security—that problem with the deficit when they clear, we have some colleagues in the this is really a trust fund. People pay went to war in Iraq and Afghanistan House and Senate who believe not just into it, and they take out. Now, it has without paying for those wars and that you should privatize Social Secu- had its problems. when they gave huge tax breaks to the rity, not just that you should cut So- But I ask the Senator, if unemploy- wealthiest people in this country with- cial Security, they believe the concept ment today were down to less than 5 out offsetting those tax breaks. of government assistance in terms of percent—say, 4 percent—what would The Senator’s point is very well retirement or government programs in the Social Security trust fund look taken. terms of health care, they believe they like? Mr. HARKIN. I thank the Senator. are unconstitutional. They don’t be- Mr. SANDERS. It would be much Mr. SANDERS. I yield the floor. lieve the government should be there. larger than it is right now because f If you are elderly and you have no more people would be paying into it. AMENDMENTS SUBMITTED AND health care, sorry, you are on your Mr. HARKIN. So the 2033 date—if we PROPOSED own. That is No. 1. make no changes, they say Social Se- There is a philosophical belief on the curity will pay 100 percent out up until SA 741. Mr. REID (for Mr. ENZI (for him- self, Mr. DURBIN, Mr. ALEXANDER, and Ms. part of some that what government 2033. But if, in fact, we reduce unem- HEITKAMP)) proposed an amendment to the does should be very limited and that ployment to less than 5 percent, the bill S. 743, to restore States’ sovereign rights we should not be there to make sure Trust Fund will be able to pay full ben- to enforce State and local sales and use tax that when the elderly people reach re- efits for a longer period of time. laws, and for other purposes. tirement age, they have security. Mr. SANDERS. That is right. I think SA 742. Mrs. SHAHEEN (for herself and Ms. The second point is about the con- the point has to be made—and I see AYOTTE) submitted an amendment intended to be proposed by her to the bill S. 743, supra; sistently—and this has gone on for Senator DURBIN on the floor as well, which was ordered to lie on the table. years—the long-term opposition to So- and he has made this point—that we SA 743. Mr. THUNE submitted an amend- cial Security. Does the Senator know can argue about how we go forward on ment intended to be proposed by him to the what it is about? It is because Social Social Security, but we should be clear: bill S. 743, supra; which was ordered to lie on Security has worked so well. If you Social Security hasn’t contributed a the table.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2971 SA 744. Ms. COLLINS (for herself and Mr. bill S. 743, supra; which was ordered to lie on A State may not require a remote seller to KING) submitted an amendment intended to the table. file sales and use tax returns any more fre- be proposed by her to the bill S. 743, supra; SA 766. Mr. COBURN submitted an amend- quently than returns are required for non- which was ordered to lie on the table. ment intended to be proposed by him to the remote sellers or impose requirements on re- SA 745. Mr. DURBIN proposed an amend- bill S. 743, supra; which was ordered to lie on mote sellers that the State does not impose ment to amendment SA 741 proposed by Mr. the table. on nonremote sellers with respect to the col- REID (for Mr. ENZI (for himself, Mr. DURBIN, SA 767. Mr. COBURN submitted an amend- lection of sales and use taxes under this Act. Mr. ALEXANDER, and Ms. HEITKAMP)) to the ment intended to be proposed by him to the No local jurisdiction may require a remote bill S. 743, supra. bill S. 743, supra; which was ordered to lie on seller to submit a sales and use tax return or SA 746. Mr. MERKLEY submitted an the table. to collect sales and use taxes other than as amendment intended to be proposed by him SA 768. Mr. LEE (for himself and Ms. provided by this paragraph. to the bill S. 743, supra; which was ordered to AYOTTE) submitted an amendment intended (B) Provide a uniform sales and use tax lie on the table. to be proposed by him to the bill S. 743, base among the State and the local taxing SA 747. Mr. MERKLEY submitted an supra; which was ordered to lie on the table. jurisdictions within the State pursuant to amendment intended to be proposed by him SA 769. Mr. LEE submitted an amendment paragraph (1). to the bill S. 743, supra; which was ordered to intended to be proposed by him to the bill S. (C) Source all remote sales in compliance 743, supra; which was ordered to lie on the lie on the table. with the sourcing definition set forth in sec- SA 748. Mr. MERKLEY submitted an table. tion 4(7). SA 770. Mr. BARRASSO submitted an amendment intended to be proposed by him (D) Provide— amendment intended to be proposed by him to the bill S. 743, supra; which was ordered to (i) information indicating the taxability of to the bill S. 743, supra; which was ordered to lie on the table. products and services along with any product lie on the table. SA 749. Mr. TOOMEY submitted an amend- and service exemptions from sales and use ment intended to be proposed by him to the f tax in the State and a rates and boundary bill S. 743, supra; which was ordered to lie on TEXT OF AMENDMENTS database; the table. (ii) software free of charge for remote sell- SA 750. Mr. COBURN submitted an amend- SA 741. Mr. REID (for Mr. ENZI (for ers that calculates sales and use taxes due on ment intended to be proposed by him to the himself, Mr. DURBIN, Mr. ALEXANDER, each transaction at the time the transaction bill S. 743, supra; which was ordered to lie on and Ms. HEITKAMP)) proposed an is completed, that files sales and use tax re- the table. amendment to the bill S. 743, to restore turns, and that is updated to reflect rate SA 751. Mr. COBURN submitted an amend- States’ sovereign rights to enforce changes as described in subparagraph (H); and ment intended to be proposed by him to the State and local sales and use tax laws, bill S. 743, supra; which was ordered to lie on (iii) certification procedures for persons to the table. and for other purposes; as follows: be approved as certified software providers. SA 752. Mr. COBURN submitted an amend- Beginning on page 2, line 10, strike ‘‘if the For purposes of clause (iii), the software pro- ment intended to be proposed by him to the Streamlined’’ and all that follows through vided by certified software providers shall be bill S. 743, supra; which was ordered to lie on page 11, line 5, and insert the following: capable of calculating and filing sales and the table. if any changes to the Streamlined Sales and use taxes in all States qualified under this SA 753. Mr. COBURN submitted an amend- Use Tax Agreement made after the date of Act. ment intended to be proposed by him to the the enactment of this Act are not in conflict (E) Relieve remote sellers from liability to bill S. 743, supra; which was ordered to lie on with the minimum simplification require- the State or locality for the incorrect collec- the table. ments in subsection (b)(2). A State may exer- tion, remittance, or noncollection of sales SA 754. Mr. HATCH submitted an amend- cise authority under this Act beginning 180 and use taxes, including any penalties or in- ment intended to be proposed by him to the days after the State publishes notice of the terest, if the liability is the result of an bill S. 743, supra; which was ordered to lie on State’s intent to exercise the authority error or omission made by a certified soft- the table. under this Act, but no earlier than the first ware provider. SA 755. Mr. PAUL submitted an amend- day of the calendar quarter that is at least (F) Relieve certified software providers ment intended to be proposed by him to the 180 days after the date of the enactment of from liability to the State or locality for the bill S. 743, supra; which was ordered to lie on this Act. incorrect collection, remittance, or non- the table. (b) ALTERNATIVE.—A State that is not a collection of sales and use taxes, including SA 756. Mr. PAUL submitted an amend- Member State under the Streamlined Sales any penalties or interest, if the liability is ment intended to be proposed by him to the and Use Tax Agreement is authorized not- the result of misleading or inaccurate infor- bill S. 743, supra; which was ordered to lie on withstanding any other provision of law to mation provided by a remote seller. the table. require all sellers not qualifying for the (G) Relieve remote sellers and certified SA 757. Mrs. SHAHEEN (for herself, Mr. small seller exception described in sub- software providers from liability to the WYDEN, Mr. BAUCUS, and Mr. TESTER) sub- section (c) to collect and remit sales and use State or locality for incorrect collection, re- mitted an amendment intended to be pro- taxes with respect to remote sales sourced to mittance, or noncollection of sales and use posed by her to the bill S. 743, supra; which that State, but only if the State adopts and taxes, including any penalties or interest, if was ordered to lie on the table. implements the minimum simplification re- the liability is the result of incorrect infor- SA 758. Ms. AYOTTE (for herself and Mrs. quirements in paragraph (2). Such authority mation or software provided by the State. SHAHEEN) submitted an amendment intended shall commence beginning no earlier than (H) Provide remote sellers and certified to be proposed by her to the bill S. 743, supra; the first day of the calendar quarter that is software providers with 90 days notice of a which was ordered to lie on the table. at least 6 months after the date that the rate change by the State or any locality in SA 759. Ms. AYOTTE submitted an amend- State— the State and update the information de- ment intended to be proposed by her to the (1) enacts legislation to exercise the au- scribed in subparagraph (D)(i) accordingly bill S. 743, supra; which was ordered to lie on thority granted by this Act— and relieve any remote seller or certified the table. (A) specifying the tax or taxes to which software provider from liability for col- SA 760. Ms. AYOTTE submitted an amend- such authority and the minimum simplifica- lecting sales and use taxes at the imme- ment intended to be proposed by her to the tion requirements in paragraph (2) shall diately preceding effective rate during the bill S. 743, supra; which was ordered to lie on apply; and 90-day notice period if the required notice is the table. (B) specifying the products and services not provided. SA 761. Ms. AYOTTE (for herself and Mrs. otherwise subject to the tax or taxes identi- (c) SMALL SELLER EXCEPTION.—A State is SHAHEEN) submitted an amendment intended fied by the State under subparagraph (A) to authorized to require a remote seller to col- to be proposed by her to the bill S. 743, supra; which the authority of this Act shall not lect sales and use taxes under this Act only which was ordered to lie on the table. apply; and if the remote seller has gross annual receipts SA 762. Ms. AYOTTE submitted an amend- (2) implements each of the following min- in total remote sales in the United States in ment intended to be proposed by her to the imum simplification requirements: the preceding calendar year exceeding bill S. 743, supra; which was ordered to lie on (A) Provide— $1,000,000. For purposes of determining the table. (i) a single entity within the State respon- whether the threshold in this section is met, SA 763. Ms. AYOTTE submitted an amend- sible for all State and local sales and use tax the gross annual receipts from remote sales ment intended to be proposed by her to the administration, return processing, and au- of 2 or more persons shall be aggregated if— bill S. 743, supra; which was ordered to lie on dits for remote sales sourced to the State; (1) such persons are related to the remote the table. (ii) a single audit of a remote seller for all seller within the meaning of subsections (b) SA 764. Mr. THUNE submitted an amend- State and local taxing jurisdictions within and (c) of section 267 or section 707(b)(1) of ment intended to be proposed by him to the that State; and the Internal Revenue Code of 1986; or bill S. 743, supra; which was ordered to lie on (iii) a single sales and use tax return to be (2) such persons have 1 or more ownership the table. used by remote sellers to be filed with the relationships and such relationships were de- SA 765. Mr. COATS submitted an amend- single entity responsible for tax administra- signed with a principal purpose of avoiding ment intended to be proposed by him to the tion. the application of these rules.

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2972 CONGRESSIONAL RECORD — SENATE April 24, 2013 SEC. 3. LIMITATIONS. (7) SOURCED.—For purposes of a State tended to be proposed by her to the bill (a) IN GENERAL.—Nothing in this Act shall granted authority under section 2(b), the lo- S. 743, to restore States’ sovereign be construed as— cation to which a remote sale is sourced re- rights to enforce State and local sales (1) subjecting a seller or any other person fers to the location where the product or and use tax laws, and for other pur- to franchise, income, occupation, or any service sold is received by the purchaser, other type of taxes, other than sales and use based on the location indicated by instruc- poses; which was ordered to lie on the taxes; tions for delivery that the purchaser fur- table; as follows: (2) affecting the application of such taxes; nishes to the seller. When no delivery loca- At the end, add the following: or tion is specified, the remote sale is sourced SEC. ll. LIMITATION ON INITIAL COLLECTION (3) enlarging or reducing State authority to the customer’s address that is either OF SALES AND USE TAXES FROM RE- to impose such taxes. known to the seller or, if not known, ob- MOTE SALES. (b) NO EFFECT ON NEXUS.—This Act shall tained by the seller during the consumma- Notwithstanding the last sentence of sec- not be construed to create any nexus or alter tion of the transaction, including the address tion 2(a) or the second sentence of section the standards for determining nexus between of the customer’s payment instrument if no 2(b), a State may not begin to exercise the a person and a State or locality. other address is available. If an address is authority under this Act— (c) NO EFFECT ON SELLER CHOICE.—Nothing unknown and a billing address cannot be ob- (1) before the date that is 1 year after the in this Act shall be construed to deny the tained, the remote sale is sourced to the ad- date of the enactment of this Act; and ability of a remote seller to deploy and uti- dress of the seller from which the remote (2) during the period beginning on October lize a certified software provider of the sell- sale was made. A State granted authority 1 and ending on December 31 of any calendar er’s choice. under section 2(a) shall comply with the year. (d) LICENSING AND REGULATORY REQUIRE- sourcing provisions of the Streamlined Sales MENTS.—Nothing in this Act shall be con- and Use Tax Agreement. SA 745. Mr. DURBIN proposed an strued as permitting or prohibiting a State (8) STATE.—The term ‘‘State’’ means each amendment to amendment SA 741 pro- from— of the several States, the District of Colum- posed by Mr. REID (for Mr. ENZI (for (1) licensing or regulating any person; bia, the Commonwealth of Puerto Rico, himself, Mr. DURBIN, Mr. ALEXANDER, (2) requiring any person to qualify to Guam, American Samoa, the United States and Ms. HEITKAMP)) to the bill S. 743, transact intrastate business; Virgin Islands, the Commonwealth of the (3) subjecting any person to State or local Northern Mariana Islands, and any other ter- to restore States’ sovereign rights to taxes not related to the sale of products or ritory or possession of the United States, enforce State and local sales and use services; or and any tribal organization (as defined in tax laws, and for other purposes; as fol- (4) exercising authority over matters of section 4 of the Indian Self-Determination lows: interstate commerce. and Education Assistance Act (25 U.S.C. At the end, add the following: (e) NO NEW TAXES.—Nothing in this Act 450b)). This Act shall become effective 1 day after shall be construed as encouraging a State to enactment. impose sales and use taxes on any products SA 742. Mrs. SHAHEEN (for herself or services not subject to taxation prior to and Ms. AYOTTE) submitted an amend- SA 746. Mr. MERKLEY submitted an the date of the enactment of this Act. ment intended to be proposed by her to amendment intended to be proposed by (f) NO EFFECT ON INTRASTATE SALES.—The the bill S. 743, to restore States’ sov- him to the bill S. 743, to restore States’ provisions of this Act shall apply only to re- ereign rights to enforce State and local sovereign rights to enforce State and mote sales and shall not apply to intrastate sales or intrastate sourcing rules. States sales and use tax laws, and for other local sales and use tax laws, and for granted authority under section 2(a) shall purposes; which was ordered to lie on other purposes; which was ordered to comply with all intrastate provisions of the the table; as follows: lie on the table; as follows: Streamlined Sales and Use Tax Agreement. On page 7, between lines 8 and 9, insert the On page 7, between lines 8 and 9, insert the (g) NO EFFECT ON MOBILE TELECOMMUNI- following: following: CATIONS SOURCING ACT.—Nothing in this Act (d) EXCEPTION FOR REMOTE SELLERS INCOR- (d) COMPENSATION FOR COMPLIANCE shall be construed as altering in any manner PORATED IN STATES THAT DO NOT HAVE SALES COSTS.— or preempting the Mobile Telecommuni- TAX.—A State is not authorized to require a (1) IN GENERAL.—In the case of a non-sales cations Sourcing Act (4 U.S.C. 116–126). remote seller to collect sales and use taxes tax state remote seller that collects and re- SEC. 4. DEFINITIONS AND SPECIAL RULES. under this Act if the remote seller is incor- mits sales and use taxes to a State pursuant In this Act: porated in a State that does not collect sales to the authority granted under this Act, (1) CERTIFIED SOFTWARE PROVIDER.—The and use taxes with respect to products and such State shall fully reimburse the seller term ‘‘certified software provider’’ means a services sold in such State. for any costs or expenses related to the col- person that— lection and remittance of such taxes (as de- (A) provides software to remote sellers to SA 743. Mr. THUNE submitted an termined pursuant to paragraph (2)). facilitate State and local sales and use tax amendment intended to be proposed by (2) DETERMINATION OF REIMBURSEMENT compliance pursuant to section 2(b)(2)(D)(ii); him to the bill S. 743, to restore States’ RATE.—For purposes of this subsection, the and sovereign rights to enforce State and rate and method of reimbursement shall be (B) is certified by a State to so provide determined by the Secretary of the Treas- local sales and use tax laws, and for ury, pursuant to such criteria as are deter- such software. other purposes; which was ordered to (2) LOCALITY; LOCAL.—The terms ‘‘locality’’ mined appropriate by the Secretary. and ‘‘local’’ refer to any political subdivision lie on the table; as follows: (3) DEFINITION.—For purposes of this sub- of a State. On page 2, beginning on line 12, strike ‘‘A section, the term ‘‘non-sales tax state re- (3) MEMBER STATE.—The term ‘‘Member State’’ and all that follows through line 17 mote seller’’ means a remote seller that is State’’— and insert the following: headquartered in and has a majority of its (A) means a Member State as that term is A State may exercise authority under this full-time employees located in a State that used under the Streamlined Sales and Use subsection— does not maintain a statewide sales tax or Tax Agreement as in effect on the date of the (1) in the case of a State which has adopted equivalent use tax. enactment of this Act; and or ratified the Streamlined Sales and Use (B) does not include any associate member Tax Agreement after December 31, 2010, be- SA 747. Mr. MERKLEY submitted an under the Streamlined Sales and Use Tax ginning 90 days after the State publishes no- amendment intended to be proposed by Agreement. tice of the State’s intent to exercise the au- him to the bill S. 743, to restore States’ (4) PERSON.—The term ‘‘person’’ means an thority under this Act, but no earlier than sovereign rights to enforce State and individual, trust, estate, fiduciary, partner- the first calendar quarter that is at least 90 local sales and use tax laws, and for days after the date of the enactment of this ship, corporation, limited liability company, other purposes; which was ordered to or other legal entity, and a State or local Act; and government. (2) in the case of a State which has adopted lie on the table; as follows: (5) REMOTE SALE.—The term ‘‘remote sale’’ or ratified the Streamlined Sales and Use At the end, add the following: means a sale into a State, as determined Tax Agreement before January 1, 2011, begin- SEC. 7. DEDUCTION FOR COSTS OF COMPLIANCE. under the sourcing rules under paragraph (7), ning after the date the State enacts legisla- (a) IN GENERAL.—Part VI of subchapter B in which the seller would not legally be re- tion to exercise the authority granted under of chapter 1 is amended by adding at the end quired to pay, collect, or remit State or local this Act, but no earlier than the first cal- the following new section: sales and use taxes unless provided by this endar quarter that is at least 90 days after ‘‘SEC. 199A. DEDUCTION FOR COSTS OF COMPLI- Act. the date of the enactment of this Act. ANCE UNDER THE MARKETPLACE (6) REMOTE SELLER.—The term ‘‘remote FAIRNESS ACT. seller’’ means a person that makes remote SA 744. Ms. COLLINS (for herself and ‘‘(a) IN GENERAL.—If a non-sales tax state sales in the State. Mr. KING) submitted an amendment in- remote seller (as defined in subsection (b))

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2973 elects the application of this section, such At the appropriate place, insert the fol- SEC. ll. REPORT ON THE ABUSE OF TAX-EX- seller shall be allowed a deduction for the lowing: EMPT STATUS BY CHARITABLE OR- GANIZATIONS. taxable year equal to 1 percent of annual SEC. ll. PROPERLY REDUCING OVEREXEMP- gross receipts. TIONS FOR SPORTS ACT. Not later than 120 days after the date of ‘‘(b) DEFINITION.—The term ‘non-sales tax (a) IN GENERAL.—This section may be cited the enactment of this Act, the Secretary of state remote seller’ means a remote seller as the ‘‘Properly Reducing Overexemptions Treasury, or the Secretary’s delegate, shall (as defined in section 4(6) of the Marketplace for Sports Act’’ or the ‘‘PRO Sports Act’’. submit to Congress a report on organizations Fairness Act of 2013) that is headquartered in (b) FINDINGS.—Congress makes the fol- that are described in section 501(c)(3) of the and has a majority of its full-time employees lowing findings: Internal Revenue Code of 1986 and exempt located in a State that does not maintain a (1) The National Football League (NFL), from tax under section 501(a) of the Internal statewide sales tax or equivalent use tax. National Hockey League (NHL), PGA Tour, Revenue Code of 1986. Such report shall in- ‘‘(c) DENIAL OF DOUBLE BENEFIT.—In the and Ladies Professional Golf Association clude information on the following: case of a non-sales tax state remote seller (LPGA) each have league offices that are (1) The number of such organizations at that elects application of this section, no de- registered with the Internal Revenue Service the time of the report and the number of or- duction shall be allowed for any expense re- as non-profit organizations under section ganizations 10 years prior to that time. lated to the collection and remittance of 501(c)(6) of the Internal Revenue Code of 1986. (2) The number of such organizations that sales and use taxes pursuant to the require- (2) League-wide operations of the NFL, have had the exemption from tax under sec- ments of the Marketplace Fairness Act of NHL, PGA Tour, and LPGA generate an esti- tion 501(a) of the Internal Revenue Code of 2013 for which a deduction is allowed to the mated $13 billion in annual revenue, and 1986 revoked in each year after 2007. seller under any other provision of this chap- these businesses are unmistakably organized (3) The number and nature of allegations of ter.’’. for profit and to promote their brands. problems made to the Internal Revenue (b) CLERICAL AMENDMENTS.—The table of Service with respect to such organizations sections for part VI of subchapter B of chap- (3) Separate from their subsidiaries, the that were founded by prominent athletes, ter 1 is amended by adding at the end the fol- nonprofit league offices of the NFL, NHL, and a description of any actions taken by the lowing new item: PGA Tour, and LPGA had annual gross re- ceipts of $184.3 million, $89.1 million, $1.4 bil- Internal Revenue Service in response to any ‘‘Sec. 199A. Deduction of costs of compli- lion, and $73.7 million in 2010, respectively, such allegations. ance.’’. for a combined total of over $1.7 billion, ac- (4) A description of the challenges to the (c) EFFECTIVE DATE.—The amendments cording to each organization’s publicly Internal Revenue Services in overseeing such made by this section shall apply to taxable available Form 990 filed with the Internal organizations. years beginning after December 31, 2013. Revenue Service. (5) The number of criminal investigations of such organizations conducted by the In- Mr. MERKLEY submitted an (4) According to the Internal Revenue SA 748. Service, section 501(c)(6) of the Internal Rev- ternal Revenue Service during the period be- amendment intended to be proposed by enue Code of 1986 is for groups looking to ginning in 2010 and ending on the date the re- him to the bill S. 743, to restore States’ promote a ‘‘common business interest and port is submitted. sovereign rights to enforce State and not to engage in a regular business of a kind (6) An explanation of any problems the In- local sales and use tax laws, and for ordinarily carried on for profit’’. ternal Revenue Service has had with United other purposes; which was ordered to (5) According to the Internal Revenue States Attorneys in prosecuting any crimi- lie on the table; as follows: Service, businesses that conduct operations nal violations by such organizations. Beginning on page 6, strike line 18 and all for profit on a ‘‘cooperative basis’’ should that follows through page 7, line 8, and insert not qualify for tax-exempt treatment under SA 752. Mr. COBURN submitted an the following: section 501(c)(6) of the Internal Revenue Code amendment intended to be proposed by (c) SMALL SELLER EXCEPTION.— of 1986. him to the bill S. 743, to restore States’ (c) ELIMINATION OF SPECIFIC EXEMPTION FOR (1) IN GENERAL.—A State is authorized to sovereign rights to enforce State and PROFESSIONAL FOOTBALL LEAGUES.—Para- require a remote seller to collect sales and local sales and use tax laws, and for use taxes under this Act only if the remote graph (6) of section 501(c) of the Internal Revenue Code of 1986 is amended— other purposes; which was ordered to seller has gross annual receipts in total re- lie on the table; as follows: mote sales in the United States in the pre- (1) by striking ‘‘, or professional football ceding calendar year exceeding the applica- leagues (whether or not administering a pen- At the end, add the following: ble amount (as determined under paragraph sion fund for football players)’’, and SEC. 7. ELIMINATION OF DEDUCTIONS FOR MIL- (2)). For purposes of determining whether the (2) by inserting ‘‘or’’ after ‘‘real-estate LIONAIRES AND BILLIONAIRES. applicable amount in this subsection is boards,’’. (a) NO MORTGAGE INTEREST DEDUCTION FOR (d) SPECIAL RULES RELATING TO PROFES- met— MILLIONAIRES AND BILLIONAIRES.—Section (A) the sales of all persons related within SIONAL SPORTS LEAGUES.—Section 501 of the 163(h)(4) of the Internal Revenue Code of 1986 the meaning of subsections (b) and (c) of sec- Internal Revenue Code of 1986 is amended— is amended by adding at the end the fol- tion 267 or section 707(b)(1) of the Internal (1) by redesignating subsection (s) as sub- lowing new subparagraph: section (t), and Revenue Code of 1986 shall be aggregated; or ‘‘(G) NO DEDUCTION FOR MILLIONAIRES AND (2) by inserting after subsection (r) the fol- (B) persons with 1 or more ownership rela- BILLIONAIRES.—No deduction shall be allowed tionships shall also be aggregated if such re- lowing new subsection: by reason of paragraph (2)(D) for any taxable ‘‘(s) SPECIAL RULES RELATING TO PROFES- lationships were designed with a principal year with respect to any taxpayer with an SIONAL SPORTS LEAGUES.—No organization or purpose of avoiding the application of these adjusted gross income equal to or greater entity shall be treated as described in sub- rules. than $1,000,000 for such taxable year.’’. section (c)(6) if such organization or entity— (2) APPLICABLE AMOUNT.—For purposes of (b) NO RENTAL EXPENSE DEDUCTION FOR ‘‘(1) is a professional sports league, organi- paragraph (1), the applicable amount for the MILLIONAIRES AND BILLIONAIRES.—Section 212 zation, or association, a substantial activity preceding calendar year shall be equal to— of the Internal Revenue Code of 1986 is of which is to foster national or inter- (A) for 2012 and 2013, $5,000,000; amended by adding at the end the following national professional sports competitions (B) for 2014, $4,000,000; new flush sentence: (including by managing league business af- (C) for 2015, $3,000,000; and fairs, officiating or providing referees, co- ‘‘Paragraph (2) shall not apply for any tax- (D) for 2016, $2,000,000. ordinating schedules, managing sponsorships able year with respect to any taxpayer with or broadcast sales, operating loan programs an adjusted gross income equal to or greater SA 749. Mr. TOOMEY submitted an than $1,000,000 for such taxable year.’’. amendment intended to be proposed by for competition facilities, or overseeing player conduct) and (c) NO GAMBLING LOSS DEDUCTION FOR MIL- him to the bill S. 743, to restore States’ ‘‘(2) has annual gross receipts in excess of LIONAIRES AND BILLIONAIRES.—Section 165(d) sovereign rights to enforce State and $10,000,000.’’. of the Internal Revenue Code of 1986 is local sales and use tax laws, and for (e) EFFECTIVE DATE.—The amendments amended by adding at the end the following: other purposes; which was ordered to made by this section shall apply to taxable ‘‘In the case of a taxpayer with an adjusted lie on the table; as follows: years beginning after December 31, 2013. gross income equal to or greater than $1,000,000 for the taxable year, the preceding On page 6, line 22, strike ‘‘$1,000,000’’ and sentence shall not apply for any taxable insert ‘‘$10,000,000’’. SA 751. Mr. COBURN submitted an amendment intended to be proposed by year.’’. SA 750. Mr. COBURN submitted an him to the bill S. 743, to restore States’ (d) NO DISCHARGE OF INDEBTEDNESS DEDUC- amendment intended to be proposed by sovereign rights to enforce State and TION FOR MILLIONAIRES AND BILLIONAIRES.— Section 108 of the Internal Revenue Code of him to the bill S. 743, to restore States’ local sales and use tax laws, and for 1986 is amended by adding at the end the fol- sovereign rights to enforce State and other purposes; which was ordered to lowing new subsection: local sales and use tax laws, and for lie on the table; as follows: ‘‘(j) NO DEDUCTION FOR MILLIONAIRES AND other purposes; which was ordered to At the appropriate place, insert the fol- BILLIONAIRES.—No exclusion shall be allowed lie on the table; as follows: lowing: by reason of this section for any taxable year

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with respect to any taxpayer with an ad- ‘‘(b) INELIGIBILITY FOR FEDERAL EMPLOY- sales and use taxes with respect to remote justed gross income equal to or greater than MENT.—An individual who has a seriously de- sales sourced to that State under subsection $1,000,000 for such taxable year.’’. linquent tax debt shall be ineligible to be ap- (a) or (b) of section 2 unless such State (e) NO ELECTRIC PLUG-IN VEHICLE TAX pointed, or to continue serving, as a Federal adopts and implements a requirement pro- CREDIT FOR MILLIONAIRES AND BILLION- employee. viding a remote seller compensation for the AIRES.—Section 30D(f) of the Internal Rev- ‘‘(c) REGULATIONS.—The Office of Personnel collection and remission of sales and use enue Code of 1986 is amended by adding at Management shall, for purposes of carrying taxes in an amount not less than the applica- the end the following new paragraph: out this section with respect to the execu- ble percentage of the amount of such taxes ‘‘(8) NO CREDIT FOR MILLIONAIRES AND BIL- tive branch, prescribe any regulations which collected by the remote seller. LIONAIRES.—No credit described in subsection the Office considers necessary.’’. (b) APPLICABLE PERCENTAGE.—For purposes (c)(2) shall be allowed under this section for (b) CLERICAL AMENDMENT.—The analysis of subsection (a), the applicable percentage any taxable year with respect to any tax- for chapter 73 of title 5, United States Code, is— payer with an adjusted gross income equal to is amended by adding at the end the fol- (1) for any tax collected during the period or greater than $1,000,000 for such taxable lowing: of beginning on the date the State first exer- year.’’. ‘‘SUBCHAPTER VIII—INELIGIBILITY OF PERSONS cises the authority under this Act and end- (f) NO HOUSEHOLD AND DEPENDENT CARE HAVING SERIOUSLY DELINQUENT TAX DEBTS ing on the date that is 2 years after such CREDIT FOR MILLIONAIRES AND BILLION- FOR FEDERAL EMPLOYMENT date, 10 percent; AIRES.—Section 21 of the Internal Revenue ‘‘7381. Ineligibility of persons having seri- (2) for any tax collected during the period Code of 1986 is amended by redesignating beginning on the first day after the period subsection (f) as subsection (g) and by insert- ously delinquent tax debts for Federal employment.’’. described in paragraph (1) ends and ending on ing after subsection (e) the following new the date that is 2 years after such date, 8 per- subsection: cent; ‘‘(f) NO CREDIT FOR MILLIONAIRES AND BIL- SA 754. Mr. HATCH submitted an (3) for any tax collected during the period LIONAIRES.—No credit shall be allowed under amendment intended to be proposed by beginning on the first day after the period this section for any taxable year with re- him to the bill S. 743, to restore States’ described in paragraph (2) ends and ending on spect to any taxpayer with an adjusted gross sovereign rights to enforce State and the date that is 1 year after such date, 6 per- income equal to or greater than $1,000,000 for local sales and use tax laws, and for cent; and such taxable year.’’. (4) for any tax collected after the period (g) NO RESIDENTIAL ENERGY EFFICIENT other purposes; which was ordered to PROPERTY CREDIT FOR MILLIONAIRES AND BIL- lie on the table; as follows: described in paragraph (3) ends), 0 percent. LIONAIRES.—Section 25D(e) of the Internal On page 11, strike lines 18 through 23 and SEC. ll. INCREASE AND INFLATION ADJUST- Revenue Code of 1986 is amended by adding insert the following MENT TO THRESHOLD FOR SMALL SELLER EXCEPTION. at the end the following new paragraph: SEC. ll. TERMINATION OF AUTHORITY. (a) INCREASE IN THRESHOLD.—Section 2(c) ‘‘(9) NO CREDIT FOR MILLIONAIRES AND BIL- No State shall be authorized to require LIONAIRES.—No credit shall be allowed under shall be applied by substituting ‘‘$10,000,000’’ sellers to collect and remit sales and use for ‘‘$1,000,000’’. this section for any taxable year with re- taxes with respect to remote sales sourced in (b) INFLATION ADJUSTMENT.— spect to any taxpayer with an adjusted gross such State after the date that is 5 years after (1) IN GENERAL.—In the case of a calendar income equal to or greater than $1,000,000 for the date of the enactment of this Act. such taxable year.’’. year beginning after 2013, the $10,000,000 SEC. ll. REQUIREMENT FOR 3-YEAR STATUTE (h) EFFECTIVE DATE.—The amendments amount under subsection (a) shall be in- OF LIMITATIONS. made by this section shall apply to taxable creased by an amount equal to— No State shall be authorized to require years beginning after December 31, 2012. (A) such dollar amount, multiplied by sellers to collect and remit sales and use (B) the cost-of-living adjustment deter- SA 753. Mr. COBURN submitted an taxes with respect to remote sales sourced to mined under section 1(f)(3) of the Internal amendment intended to be proposed by that State under subsection (a) or (b) of sec- Revenue Code of 1986 for the calendar year, tion 2 unless such State adopts and imple- determined by substituting ‘calendar year him to the bill S. 743, to restore States’ ments a requirement providing that no pro- sovereign rights to enforce State and 2012’ for ‘calendar year 1992’ in subparagraph ceeding in court may begin for any failure by (B) thereof. local sales and use tax laws, and for a remote seller to collect or remit sales and (2) ROUNDING.—If any amount as adjusted other purposes; which was ordered to use taxes under the authority of this Act under paragraph (1) is not a multiple of lie on the table; as follows: after the date that is 3 years after the date $10,000, such amount shall be rounded to the At the appropriate place, insert the fol- on which such tax was required to be remit- next lowest multiple of $10,000. lowing: ted. SEC. lll. INELIGIBILITY OF PERSONS HAVING SEC. ll. STUDY ON COSTS OF COMPLIANCE. SA 755. Mr. PAUL submitted an SERIOUSLY DELINQUENT TAX DEBTS (a) IN GENERAL.—The Comptroller General amendment intended to be proposed by FOR FEDERAL EMPLOYMENT. of the United States shall conduct a study him to the bill S. 743, to restore States’ (a) IN GENERAL.—Chapter 73 of title 5, on— sovereign rights to enforce State and United States Code, is amended by adding at (1) the costs incurred by remote sellers in the end the following: complying with any requirements imposed local sales and use tax laws, and for ‘‘SUBCHAPTER VIII—INELIGIBILITY OF by States pursuant to the authority granted other purposes; which was ordered to PERSONS HAVING SERIOUSLY DELIN- under this Act; and lie on the table; as follows: QUENT TAX DEBTS FOR FEDERAL EM- (2) whether, and under what cir- At the end, insert the following: PLOYMENT cumstances, the authority granted under SEC. lll. REDUCTION IN CORPORATE TAX ‘‘§ 7381. Ineligibility of persons having seri- this Act allows States to impose taxes on fi- RATE. ously delinquent tax debts for Federal em- nancial transactions or contributions to re- (a) IN GENERAL.—Subsection (b) of section ployment tirement savings vehicles. 11 of the Internal Revenue Code of 1986 is ‘‘(a) DEFINITIONS.—For purposes of this sec- (b) REPORT.—Not later than 1 year after amended to read as follows: tion— the date of the enactment of this Act, the ‘‘(b) AMOUNT OF TAX.—The amount of tax ‘‘(1) the term ‘seriously delinquent tax Comptroller General shall report to the Com- imposed by subsection (a) shall be the sum debt’ means an outstanding debt under the mittee on Finance of the Senate and the of— Internal Revenue Code of 1986 for which a no- Committee on the Judiciary of the House of ‘‘(1) 15 percent of so much of the taxable tice of lien has been filed in public records Representatives on the results of the study income as does not exceed $50,000, and pursuant to section 6323 of such Code, except conducted under subsection (a). ‘‘(2) 25 percent of so much of the taxable that such term does not include— SEC. ll. EXCEPTION FOR DIGITAL GOODS. income as exceeds $50,000.’’. ‘‘(A) a debt that is being paid in a timely (a) IN GENERAL.—The authority granted (b) EFFECTIVE DATE.—The amendment manner pursuant to an agreement under sec- under section 2 shall not apply to remote made by this section shall apply to taxable tion 6159 or section 7122 of such Code; and sales of digital goods. years beginning after the date of the enact- ‘‘(B) a debt with respect to which a collec- (b) DIGITAL GOODS.—For purposes of this ment of this Act. tion due process hearing under section 6330 section , the term ‘‘digital good’’ means any of such Code, or relief under subsection (a), good or product that is delivered or trans- SA 756. Mr. PAUL submitted an (b), or (f) of section 6015 of such Code, is re- ferred electronically, including software, in- amendment intended to be proposed by quested or pending; and formation maintained in digital format, dig- him to the bill S. 743, to restore States’ ‘‘(2) the term ‘Federal employee’ means— ital audio-visual works, digital audio works, sovereign rights to enforce State and and digital books. ‘‘(A) an employee, as defined by section local sales and use tax laws, and for 2105; and SEC. ll. REQUIREMENT FOR REMOTE SELLER ‘‘(B) an employee of the United States COMPENSATION. other purposes; which was ordered to Postal Service or of the Postal Regulatory (a) IN GENERAL.—No State shall be author- lie on the table; as follows: Commission. ized to require sellers to collect and remit At the end, insert the following:

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REPEAL OF ESTATE AND GIFT TAXES. sales and use tax laws, and for other her to the bill S. 743, to restore States’ (a) IN GENERAL.—Subtitle B of the Internal purposes; which was ordered to lie on sovereign rights to enforce State and Revenue Code of 1986 is hereby repealed. the table; as follows: local sales and use tax laws, and for (b) EFFECTIVE DATE.—The repeal made by paragraph (1) shall apply to the estates of de- On page 4, line 9, insert ‘‘A State may not other purposes; which was ordered to cedents dying, and gifts and generation-skip- require a remote seller to transfer any data lie on the table; as follows: ping transfers made, after December 31, 2013. that such State requests for an audit unless At the end, add the following: a State in which the remote seller is located SEC. 7. PUBLIC REFERENDUM REQUIREMENT. SA 757. Mrs. SHAHEEN (for herself, first authorizes such transfer.’’ after ‘‘para- graph.’’. A State shall not be authorized under this Mr. WYDEN, Mr. BAUCUS, and Mr. Act to require sellers to collect and remit TESTER) submitted an amendment in- SA 759. Ms. AYOTTE submitted an sales and use taxes with respect to remote tended to be proposed by her to the bill amendment intended to be proposed by sales sourced to that State unless the citi- S. 743, to restore States’ sovereign her to the bill S. 743, to restore States’ zens of the State in which the remote seller rights to enforce State and local sales sovereign rights to enforce State and is located have voted, by a referendum or and use tax laws, and for other pur- other means under the laws of such State, to local sales and use tax laws, and for approve the exercise of such authority. poses; which was ordered to lie on the other purposes; which was ordered to table; as follows: lie on the table; as follows: SA 763. Ms. AYOTTE submitted an On page 7, between lines 8 and 9, insert the On page 7, between lines 8 and 9, insert the amendment intended to be proposed by following: following: her to the bill S. 743, to restore States’ (c) LIMITATION.— (d) ADDITIONAL REQUIREMENT TO REDUCE sovereign rights to enforce State and (1) IN GENERAL.—The authority granted INCOME OR BUSINESS TAXES.—No State shall under subsections (a) and (b) shall not apply be authorized to require sellers to collect local sales and use tax laws, and for with respect to any remote seller that is not and remit sales and use taxes with respect to other purposes; which was ordered to a qualifying remote seller. remote sales sourced to that State under lie on the table; as follows: (2) QUALIFYING REMOTE SELLER.—For pur- subsection (a) or (b) unless such State has At the end, add the following: poses of this subsection— enacted into law a requirement that the rev- SEC. ll. PROHIBITION ON COLLECTION OF PER- (A) IN GENERAL.—The term ‘‘qualifying re- enue collected by such State from income or SONALIZED DATA BY FEDERAL mote seller’’ means— business taxes be reduced by the amount of AGENCIES. (i) any remote seller that meets the owner- any revenue collected and remitted to such A Federal agency shall not collect or oth- ship requirements of subparagraph (B); or State by reason of the authority granted erwise maintain any record that contains (ii) any remote seller the majority of do- under such subsections. personalized data and is generated in connec- mestic employees of which are primarily em- tion with the collection and remittance of ployed at a location in a participating State. SA 760. Ms. AYOTTE submitted an sales and use taxes from remote sellers under (B) OWNERSHIP REQUIREMENTS.—A remote amendment intended to be proposed by the authority granted under this Act. seller meets the ownership requirements of her to the bill S. 743, to restore States’ this subparagraph if— sovereign rights to enforce State and SA 764. Mr. THUNE submitted an (i) in the case of a remote seller that is a local sales and use tax laws, and for amendment intended to be proposed by publicly traded corporation, more than 50 him to the bill S. 743, to restore States’ percent of the covered employees (as defined other purposes; which was ordered to in section 162(m)(3)) of the Internal Revenue lie on the table; as follows: sovereign rights to enforce State and Code of 1986) of such corporation reside in On page 7, between lines 8 and 9, insert the local sales and use tax laws, and for participating States; following: other purposes; which was ordered to (ii) in the case of a remote seller that is a (d) EXEMPTION FOR BUSINESSES AFFECTED lie on the table; as follows: BY THE PATIENT PROTECTION AND AFFORDABLE corporation (other than a publicly traded At the end of the bill, insert the following: corporation), more than 50 percent of the CARE ACT.—A State is not authorized to re- TITLE II—DIGITAL GOODS AND SERVICES stock (by vote or value) of such corporation quire a remote seller to collect sales and use TAX FAIRNESS is held by individuals residing in partici- taxes under this Act if the remote seller sub- pating States; mits to the Secretary of the Treasury certifi- SEC. 201. SHORT TITLE. (iii) in the case of a remote seller that is a cation, under penalty of perjury, that, as a This title may be cited as the ‘‘Digital partnership, more than 50 percent of the result of the Patient Protection and Afford- Goods and Services Tax Fairness Act of profits interests or capital interests in such able Care Act (Public Law 11-148), the remote 2013’’. partnership is held by individuals residing in seller— SEC. 202. MULTIPLE AND DISCRIMINATORY participating States; and (1) is subject to higher health care pre- TAXES PROHIBITED. (iv) in the case of any other remote seller, miums for its employees; or No State or local jurisdiction shall impose more than 50 percent of the beneficial inter- (2) is unable to hire new employees. multiple or discriminatory taxes on the sale ests in the entity is held by individuals re- or use of a digital good or a digital service. SA 761. Ms. AYOTTE (for herself and siding in participating States. SEC. 203. SOURCING LIMITATION. (C) ATTRIBUTION RULES.—For purposes of Mrs. SHAHEEN) submitted an amend- Subject to section 206(a), taxes on the sale subparagraph (B), the rules of section 318(a) ment intended to be proposed by her to of a digital good or a digital service may of the Internal Revenue Code of 1986 shall the bill S. 743, to restore States’ sov- only be imposed by a State or local jurisdic- apply. ereign rights to enforce State and local tion whose territorial limits encompass the (D) AGGREGATION RULES.—For purposes of sales and use tax laws, and for other customer tax address. this paragraph, all persons treated as a sin- purposes; which was ordered to lie on SEC. 204. CUSTOMER TAX ADDRESS. gle employer under subsection (a) or (b) of the table; as follows: (a) SELLER OBLIGATION.— section 52 of the Internal Revenue Code of At the end, add the following: (1) IN GENERAL.—Subject to subsection 1986 or subsection (m) or (o) of section 414 of (e)(2), a seller shall be responsible for obtain- such Code shall be treated as one person. SEC. ll. PROHIBITION ON TAXPAYER BAILOUTS TO STATES EXERCISING AUTHORITY ing and maintaining in the ordinary course (3) PARTICIPATING STATE.—The term ‘‘par- UNDER THIS ACT. of business the customer tax address with re- ticipating State’’ means— Notwithstanding any other provision of spect to the sale of a digital good or a digital (A) a Member State under the Streamlined law, no Federal funds may be used to pur- service, and shall be responsible for col- Sales and Use Tax Agreement which has ex- chase or guarantee obligations of, issue lines lecting and remitting the correct amount of ercised authority under subsection (a); or of credit to, provide direct or indirect access tax for the State and local jurisdictions (B) a State that— to any financing provided by the United whose territorial limits encompass the cus- (i) is not a Member State under the States Government to, or provide direct or tomer tax address if the State has the au- Streamlined Sales and Use Tax Agreement; indirect grants and aid to, any State govern- thority to require such collection and remit- and ment, municipal government, local govern- tance by the seller. (ii) has met the requirements of para- ment, or county government that has exer- (2) CERTAIN TRANSACTIONS.—When a cus- graphs (1) and (2) of subsection (b) for exer- cised authority under this Act and which, on tomer tax address is not a business location cising the authority granted under such sub- or after the date of enactment of this Act, of the seller under clause (i) of section section. has defaulted on its obligations, is at risk of 207(2)(A)— (A) if the sale is a separate and discrete SA 758. Ms. AYOTTE (for herself and defaulting, or is likely to default, absent such assistance from the United States Gov- transaction, then a seller shall use reason- Mrs. SHAHEEN) submitted an amend- ernment. able efforts to obtain a customer tax address, ment intended to be proposed by her to as such efforts are described in clauses (iii), the bill S. 743, to restore States’ sov- SA 762. Ms. AYOTTE submitted an (iv), and (v) of section 207(2)(A), before re- ereign rights to enforce State and local amendment intended to be proposed by sorting to using a customer tax address as

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2976 CONGRESSIONAL RECORD — SENATE April 24, 2013 determined by clause (vi) of such section tion shall provide reasonable procedures that tomer, or by a donee of the customer that is 207(2)(A); and permit the direct payment by a qualified identified by such customer, is known to the (B) if the sale is not a separate and discrete customer, as determined under procedures seller and maintained in the ordinary course transaction, then a seller shall use reason- established by the State or local jurisdic- of the seller’s business, such location; able efforts to obtain a customer tax address, tion, of taxes that are on the sale of digital (iv) if none of clauses (i) through (iii) ap- as such efforts are described in clauses (ii), goods and digital services to multiple loca- plies, the location indicated by an address (iii), (iv), and (v) of section 207(2)(A), before tions of the customer and that would, absent for the customer that is available from the resorting to using a customer tax address as such procedures, be required or permitted by business records of the seller that are main- determined by clause (vi) of such section law to be collected from the customer by the tained in the ordinary course of the seller’s 207(2)(A). seller. business, when use of the address does not (b) RELIANCE ON CUSTOMER-PROVIDED IN- (B) EFFECT OF CUSTOMER COMPLIANCE WITH constitute bad faith; FORMATION.—A seller that relies in good DIRECT PAYMENT PROCEDURES.—When a quali- (v) if none of clauses (i) through (iv) ap- faith on information provided by a customer fied customer elects to pay tax directly plies, the location indicated by an address to determine a customer tax address shall under the procedures established under sub- for the customer obtained during the con- not be held liable for any additional tax paragraph (A), the seller shall— summation of the sale, including the address based on a different determination of that (i) have no obligation to obtain the mul- of a customer’s payment instrument, when customer tax address by a State or local ju- tiple customer tax addresses under sub- use of this address does not constitute bad risdiction or court of competent jurisdiction, section (a); and except if and until binding notice is given as faith; or (ii) not be liable for such tax, provided the (vi) if none of clauses (i) through (v) ap- provided in subsection (c). seller follows the State and local procedures (c) ADDRESS CORRECTION.—If a State or plies, including the circumstance in which and maintains appropriate documentation in local jurisdiction is authorized under State the seller is without sufficient information its books and records. law to administer a tax, and the jurisdiction to apply such paragraphs, the location from determines that the customer tax address de- SEC. 205. TREATMENT OF BUNDLED TRANS- which the digital good was first available for termined by a seller is not the customer tax ACTIONS AND DIGITAL CODES. transmission by the seller (disregarding for address that would have been determined (a) BUNDLED TRANSACTION.—If a charge for these purposes any location that merely pro- under section 207(2)(A) if the seller had the a distinct and identifiable digital good or a vides for the digital transfer of the product additional information provided by the State digital service is aggregated with and not sold), or from which the digital service was or local jurisdiction, then the jurisdiction separately stated from one or more charges provided by the seller. may give binding notice to the seller to cor- for other distinct and identifiable goods or (B) EXCLUSION.—For purposes of this para- rect the customer tax address on a prospec- services, which may include other digital graph, the term ‘‘location’’ does not include tive basis, effective not less than 45 days goods or digital services, and any part of the the location of a server, machine, or device, after the date of such notice, if— aggregation is subject to taxation, then the including an intermediary server, that is (1) when the determination is made by a entire aggregation may be subject to tax- used simply for routing or storage. local jurisdiction, such local jurisdiction ob- ation, except to the extent that the seller (3) DELIVERED OR TRANSFERRED ELECTRONI- tains the consent of all affected local juris- can identify, by reasonable and verifiable CALLY; PROVIDED ELECTRONICALLY.—The term dictions within the State before giving such standards, one or more charges for the non- ‘‘delivered or transferred electronically’’ notice of determination; and taxable goods or services from its books and means the delivery or transfer by means (2) before the State or local jurisdiction records kept in the ordinary course of busi- other than tangible storage media, and the gives such notice of determination, the cus- ness. term ‘‘provided electronically’’ means the tomer is given an opportunity to dem- (b) DIGITAL CODE.—The tax treatment of provision remotely via electronic means. onstrate in accordance with applicable State the sale of a digital code shall be the same as (4) DIGITAL CODE.—The term ‘‘digital code’’ or local tax administrative procedures that the tax treatment of the sale of the digital means a code that conveys only the right to the address used is the customer tax address. good or digital service to which the digital obtain a digital good or digital service with- (d) COORDINATION WITH SOURCING OF MO- code relates. out making further payment. BILE TELECOMMUNICATIONS SERVICE.— (c) RULE OF CONSTRUCTION.—The sale of a (5) DIGITAL GOOD.—The term ‘‘digital good’’ (1) IN GENERAL.—If— digital code shall be considered the sale means any software or other good that is de- (A) a digital good or a digital service is transaction for purposes of this title. livered or transferred electronically, includ- sold to a customer by a home service pro- SEC. 206. NO INFERENCE. ing sounds, images, data, facts, or combina- vider of mobile telecommunications service (a) CUSTOMER LIABILITY.—Subject to the tions thereof, maintained in digital format, that is subject to being sourced under sec- prohibition provided in section 202, nothing where such good is the true object of the tion 117 of title 4, United States Code, or the in this title modifies, impairs, supersedes, or transaction, rather than the activity or serv- charges for a digital good or a digital service authorizes the modification, impairment, or ice performed to create such good, and in- are billed to the customer by such a home supersession of any law allowing a State or cludes, as an incidental component, charges service provider; and local jurisdiction to impose tax on and col- for the delivery or transfer of the digital (B) the digital good or digital service is de- lect tax directly from a customer based upon good. livered, transferred, or provided electroni- use of a digital good or digital service in (6) DIGITAL SERVICE.— cally by means of mobile telecommuni- such State. (A) IN GENERAL.—The term ‘‘digital serv- cations service that is deemed to be provided (b) NON-TAX MATTERS.—This title shall not ice’’ means any service that is provided elec- by such home service provider under section be construed to apply in, or to affect, any tronically, including the provision of remote 117 of such title, non-tax regulatory matter or other context. access to or use of a digital good, and in- then the home service provider and, if dif- (c) STATE TAX MATTERS.—The definitions cludes, as an incidental component, charges ferent, the seller of the digital good or dig- contained in this title are intended to be for the electronic provision of the digital ital service, may presume that the cus- used with respect to interpreting this title. service to the customer. tomer’s place of primary use for such mobile Nothing in this title shall prohibit a State or (B) EXCEPTIONS.—The term ‘‘digital serv- telecommunications service is the customer local jurisdiction from adopting different no- ice’’ does not include a service that is pre- tax address described in section 207(2)(B) menclature to enforce the provisions set dominantly attributable to the direct, con- with respect to the sale of such digital good forth in this title. temporaneous expenditure of live human ef- or digital service. SEC. 207. DEFINITIONS. fort, skill, or expertise, a telecommuni- (2) DEFINITIONS.—For purposes of this sub- In this title, the following definitions shall cations service, an ancillary service, Inter- section, the terms ‘‘home service provider’’, apply: net access service, audio or video program- ‘‘mobile telecommunications service’’, and (1) CUSTOMER.—The term ‘‘customer’’ ming service, or a hotel intermediary serv- ‘‘place of primary use’’ have the same mean- means a person that purchases a digital ice. ings as in section 124 of title 4, United States good, digital service, or digital code. (C) CLARIFYING DEFINITIONS.—For purposes Code. (2) CUSTOMER TAX ADDRESS.— of subparagraph (B)— (e) MULTIPLE LOCATIONS.— (A) IN GENERAL.—The term ‘‘customer tax (i) the term ‘‘ancillary service’’ means a (1) IN GENERAL.—If a digital good or a dig- address’’ means— service that is associated with or incidental ital service is sold to a customer and avail- (i) with respect to the sale of a digital good to the provision of telecommunications serv- able for use by the customer in multiple lo- or digital service that is received by the cus- ices, including, but not limited to, detailed cations simultaneously, the seller may de- tomer at a business location of the seller, telecommunications billing, directory assist- termine the customer tax addresses using a such business location; ance, vertical service, and voice mail serv- reasonable and consistent method based on (ii) if clause (i) does not apply and the pri- ices; the addresses of use as provided by the cus- mary use location of the digital good or dig- (ii) the term ‘‘audio or video programming tomer and determined in agreement with the ital service is known by the seller, such loca- service’’— customer at the time of sale. tion; (I) means programming provided by, or (2) DIRECT CUSTOMER PAYMENT.— (iii) if neither clause (i) nor clause (ii) ap- generally considered comparable to program- (A) ESTABLISHMENT OF DIRECT PAYMENT plies, and if the location where the digital ming provided by, a radio or television PROCEDURES.—Each State and local jurisdic- good or digital service is received by the cus- broadcast station; and

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2977 (II) does not include interactive on-demand other State (whether or not at the same rate tioned revenue, apportioned taxable margin, services, as defined in paragraph (12) of sec- or on the same basis), or both, without a or apportioned gross receipts, or, a State or tion 602 of the Communications Act of 1934 credit for taxes paid in other jurisdictions. local jurisdiction business and occupation (47 U.S.C. 522(12)), pay-per-view services, or (B) EXCEPTION.—The term ‘‘multiple tax’’ tax imposed on a broad range of business ac- services generally considered comparable to shall not include a tax imposed by a State tivity in a State that enacted a State tax on such services regardless of the technology and one or more political subdivisions there- gross receipts after January 1, 1932, and be- used to provide such services; of on the same digital goods and digital serv- fore January 1, 1936. (iii) the term ‘‘hotel intermediary serv- ices or a tax on persons engaged in selling SEC. 208. EFFECTIVE DATE; APPLICATION. ice’’— digital goods and digital services which also (a) GENERAL RULE.—This title shall take (I) means a service provided by a person may have been subject to a sales or use tax effect 60 days after the date of enactment of that facilitates the sale, use, or possession of thereon. this title. a hotel room or other transient accommoda- (9) PRIMARY USE LOCATION.— (b) EXCEPTIONS.—A State or Local jurisdic- tion to the general public; and (A) IN GENERAL.—The term ‘‘primary use tion shall have 2 years from the date of en- (II) does not include the purchase of a dig- location’’ means a street address representa- actment of this title to modify any State or ital service by a person who provides a hotel tive of where the customer’s use of a digital local tax statue enacted prior to date of en- intermediary service or by a person who good or digital service will primarily occur, actment of this title to conform to the provi- owns, operates, or manages hotel rooms or which shall be the residential street address sions set forth in sections 204 and 205 of this other transient accommodations; or a business street address of the actual end title. (iv) the term ‘‘Internet access service’’ user of the digital good or digital service, in- (c) APPLICATION TO LIABILITIES AND PEND- means a service that enables users to con- cluding, if applicable, the address of a donee ING CASES.—Nothing in this title shall affect nect to the Internet, as defined in the Inter- of the customer that is designated by the liability for taxes accrued and enforced be- net Tax Freedom Act (47 U.S.C. 151 note), to customer. fore the effective date of this title, or affect access content, information, or other serv- (B) CUSTOMERS THAT ARE NOT INDIVID- ongoing litigation relating to such taxes. ices offered over the Internet; and UALS.—For the purpose of subparagraph (A), (v) the term ‘‘telecommunications serv- if the customer is not an individual, the pri- SEC. 209. GOVERNMENT ACCOUNTABILITY OF- FICE REVIEW. ice’’— mary use location is determined by the loca- Not later than 3 years after the date of the (I) means the electronic transmission, con- tion of the customer’s employees or equip- enactment of this title, the Comptroller Gen- veyance, or routing of voice, data, audio, ment (machine or device) that make use of eral of the United States shall carry out, and video, or any other information or signals to the digital good or digital service, but does submit to Congress a report on the results of, a point, or between or among points; not include the location of a person who uses a study that identifies— (II) includes such transmission, convey- the digital good or digital service as the pur- (1) which specific statutes and regulations ance, or routing in which computer proc- chaser of a separate good or service from the of each State are invalidated as a result of essing applications are used to act on the customer. this title; and form, code, or protocol of the content for (10) SALE AND PURCHASE.—The terms ‘‘sale’’ purposes of transmission, conveyance, or and ‘‘purchase’’, and all variations thereof, (2) the amount of revenue lost (if any) by routing, without regard to whether such shall include the provision, lease, rent, li- such State (and local government of such service is referred to as voice over Internet cense, and corresponding variations thereof. State) by the effect of this title on each such statute and each such regulation so affected. protocol service; and (11) SELLER.— (III) does not include data processing and (A) IN GENERAL.—The term ‘‘seller’’ means SEC. 210. SAVINGS PROVISION. information services that allow data to be a person making sales of digital goods or dig- If any provision or part of this title is held generated, acquired, stored, processed, or re- ital services. to be invalid or unenforceable by a court of trieved and delivered by an electronic trans- (B) EXCEPTIONS.—A person that provides competent jurisdiction for any reason, such mission to a purchaser where such pur- billing service or electronic delivery or holding shall not affect the validity or en- chaser’s primary purpose for the underlying transport service on behalf of another unre- forceability of any other provision or part of transaction is the processed data or informa- lated or unaffiliated person, with respect to this title unless such holding substantially tion. the other person’s sale of a digital good or limits or impairs the essential elements of (7) DISCRIMINATORY TAX.—The term ‘‘dis- digital service, shall not be treated as a sell- this title, in which case this title shall be criminatory tax’’ means any tax imposed by er of that digital good or digital service. deemed invalid and of no legal effect as of a State or local jurisdiction on digital goods (C) RULE OF CONSTRUCTION.—Nothing in the date that the judgment on such holding or digital services that— this paragraph shall preclude the person pro- is final and no longer subject to appeal. (A) is not generally imposed and legally viding the billing service or electronic deliv- collectible by such State or local jurisdic- ery or transport service from entering into a SA 765. Mr. COATS submitted an tion on transactions involving similar prop- contract with the seller to assume the tax amendment intended to be proposed by erty, goods, or services accomplished collection and remittance responsibilities of him to the bill S. 743, to restore States’ through other means; the seller. sovereign rights to enforce State and (B) is not generally imposed and legally (12) SEPARATE AND DISCRETE TRANS- local sales and use tax laws, and for collectible at the same or higher rate by ACTION.—The term ‘‘separate and discrete such State or local jurisdiction on trans- transaction’’ means a sale of a digital good, other purposes; which was ordered to actions involving similar property, goods, or digital code, or a digital service sold in a sin- lie on the table; as follows: services accomplished through other means; gle transaction which does not involve any At the end, add the following: (C) imposes an obligation to collect or pay additional charges or continued payment in SEC. ll. TERMINATION OF AUTHORITY. the tax on a person, other than the seller, order to maintain possession of the digital No State shall be authorized to require than the State or local jurisdiction would good or access to the digital service. sellers to collect and remit sales and use impose in the case of transactions involving (13) STATE OR LOCAL JURISDICTION.—The taxes with respect to remote sales that occur similar property, goods, or services accom- term ‘‘State or local jurisdiction’’ means any after December 31, 2018. plished through other means; of the several States, the District of Colum- (D) establishes a classification of digital bia, any territory or possession of the United SA 766. Mr. COBURN submitted an services or digital goods providers for pur- States, a political subdivision of any State, amendment intended to be proposed by poses of establishing a higher tax rate to be territory, or possession, or any govern- him to the bill S. 743, to restore States’ imposed on such providers than the tax rate mental entity or person acting on behalf of sovereign rights to enforce State and generally applied to providers of similar such State, territory, possession, or subdivi- property, goods, or services accomplished sion and with the authority to assess, im- local sales and use tax laws, and for through other means; or pose, levy, or collect taxes. other purposes; which was ordered to (E) does not provide a resale and compo- (14) TAX.— lie on the table; as follows: nent part exemption for the purchase of dig- (A) IN GENERAL.—The term ‘‘tax’’ means At the end, add the following: ital goods or digital services in a manner any charge imposed by any State or local ju- SECTION 7. PROHIBITING USE OF PRESIDENTIAL consistent with the State’s resale and com- risdiction for the purpose of generating reve- ELECTION CAMPAIGN FUNDS FOR ponent part exemption applicable to the pur- nues for governmental purposes, including PARTY CONVENTIONS. chase of similar property, goods, or services any tax, charge, or fee levied as a fixed (a) IN GENERAL.—Chapter 95 of the Internal accomplished through other means. charge or measured by gross amounts Revenue Code of 1986 is amended by striking (8) MULTIPLE TAX.— charged, regardless of whether such tax, section 9008. (A) IN GENERAL.—The term ‘‘multiple tax’’ charge, or fee is imposed on the seller or the (b) CLERICAL AMENDMENT.—The table of means any tax that is imposed by one State, customer and regardless of the terminology sections of chapter 95 of such Code is amend- one or more of that State’s local jurisdic- used to describe the tax, charge, or fee. ed by striking the item relating to section tions, or both on the same or essentially the (B) EXCLUSIONS.—The term ‘‘tax’’ does not 9008. same digital goods and digital services that include an ad valorem tax, a tax on or meas- (c) CONFORMING AMENDMENTS.— is also subject to tax imposed by another ured by capital, a tax on or measured by net (1) AVAILABILITY OF PAYMENTS TO CAN- State, one or more local jurisdictions in such income, apportioned gross income, appor- DIDATES.—The third sentence of section

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE S2978 CONGRESSIONAL RECORD — SENATE April 24, 2013 9006(c) of the Internal Revenue Code of 1986 is cate or overlap any existing Federal pro- (2) actions by remote sellers or customers amended by striking ‘‘, section 9008(b)(3),’’. gram, office, or initiative with similar mis- relating to the transfer of any such records (2) REPORTS BY FEDERAL ELECTION COMMIS- sion, purpose, goals, or activities along with covered by an exception to paragraph (1). SION.—Section 9009(a) of such Code is amend- a listing of all of the overlapping or duplica- (b) NO INFERENCE.—Nothing in this Act ed— tive Federal program or programs, office or shall be construed as authorizing States or (A) by adding ‘‘and’’ at the end of para- offices, or initiative or initiatives; and localities to impose record keeping require- graph (2); ‘‘(2) an explanation provided by the com- ments on online sales intermediaries or re- (B) by striking the semicolon at the end of mittee as to why the creation of each new mote sellers who have no nexus to the State paragraph (3) and inserting a period; and program, office, or initiative is necessary if or locality. (C) by striking paragraphs (4), (5), and (6). a similar program or programs, office or of- (3) PENALTIES.—Section 9012 of such Code is fices, or initiative or initiatives already SA 770. Mr. BARRASSO submitted an amended— exist. amendment intended to be proposed by (A) in subsection (a)(1), by striking the sec- ‘‘(c) This paragraph may be waived by joint him to the bill S. 743, to restore States’ ond sentence; and agreement of the Majority Leader and the sovereign rights to enforce State and (B) in subsection (c), by striking paragraph Minority Leader of the Senate upon their local sales and use tax laws, and for (2) and redesignating paragraph (3) as para- certification that such waiver is necessary as other purposes; which was ordered to graph (2). a result of— lie on the table; as follows: (4) AVAILABILITY OF PAYMENTS FROM PRESI- ‘‘(1) a significant disruption to Senate fa- DENTIAL PRIMARY MATCHING PAYMENT AC- cilities or to the availability of the Internet; At the end, add the following: COUNT.—The second sentence of section or SEC. 7. SENSE OF THE SENATE REGARDING RE- 9037(a) of such Code is amended by striking ‘‘(2) an emergency as determined by the TIREMENT SAVINGS. ‘‘and for payments under section 9008(b)(3)’’. leaders.’’. (a) FINDINGS.—Congress makes the fol- (d) EFFECTIVE DATE.—The amendments lowing findings: made by this section shall apply with respect SA 768. Mr. LEE (for himself and Ms. (1) The Social Security Board of Trustees projects that the combined Old-Age and Sur- to elections occurring after December 31, AYOTTE) submitted an amendment in- 2012. vivors Insurance (OASI) and the Disability tended to be proposed by him to the Insurance (DI) trust funds will be exhausted SA 767. Mr. COBURN submitted an bill S. 743, to restore States’ sovereign by 2033. amendment intended to be proposed by rights to enforce State and local sales (2) The Social Security Board of Trustees him to the bill S. 743, to restore States’ and use tax laws, and for other pur- also projects that after the OASI and DI sovereign rights to enforce State and poses; which was ordered to lie on the trust funds are exhausted, incoming receipts table; as follows: will only be able to cover around 75 percent local sales and use tax laws, and for of the scheduled annual benefits in 2033. other purposes; which was ordered to On page 7, between lines 8 and 9, insert the (3) Employer-based retirement savings, lie on the table; as follows: following: personal savings, and Social Security can At the appropriate place, insert the fol- (d) REQUIREMENT TO ENACT REMOTE SELLER combine to provide Americans with mean- IABILITY DEFENSE LAWS.— lowing: L ingful income replacement upon retirement. (1) IN GENERAL.—No State shall be author- lll (4) Defined contribution plans have a sub- SEC. . PREVENTING THE CREATION OF DU- ized to require sellers to collect and remit PLICATIVE AND OVERLAPPING FED- stantial impact on interstate commerce and ERAL PROGRAMS. sales and use taxes with respect to remote are affected with a national interest. (a) REPORTED LEGISLATION.—Paragraph 11 sales sourced to that State under subsection (5) 67,000,000 participants are currently cov- of rule XXVI of the Standing Rules of the (a) or (b) unless such State has enacted a law ered by approximately 670,000 private sector- Senate is amended— which provides remote sellers protection, defined contribution plans. (1) in subparagraph (c), by striking ‘‘and through an affirmative defense to an action (6) The President’s budget proposal for fis- (b)’’ and inserting ‘‘(b), and (c)’’; brought by the State or any locality within cal year 2014 seeks to ‘‘limit an individual’s (2) by redesignating subparagraph (c) and the State, from liability with respect to total balance across tax-preferred accounts subparagraph (d); and sales and use taxes required to be collected to an amount sufficient to finance an annu- (3) by inserting after subparagraph (b) the and remitted to the State under the author- ity of not more than $205,000 per year in re- following: ity granted by this Act. tirement, or about $3,000,000 for someone re- ‘‘(c) The report accompanying each bill or (2) EXCEPTION.—A State or locality may tiring in 2013.’’. joint resolution of a public character re- overcome the affirmative defense described (7) The President’s proposal targets private ported by any committee (including the in paragraph (1) only if it carries its burden sector-defined contribution plans while pro- Committee on Appropriations and the Com- of establishing that— viding no cap on government-defined benefit mittee on the Budget) shall contain— (A) it has directly notified the remote sell- and pension plans. ‘‘(1) an analysis by the Congressional Re- er of the obligation to collect and remit sales (8) Savings in traditional retirement ac- search Service to determine if the bill or and use taxes and such remote seller has re- counts are invested and grow tax free, but joint resolution creates any new Federal pro- ceived such notification; the money is fully taxed during the with- gram, office, or initiative that would dupli- (B) it directly provided software from a drawal phase. cate or overlap any existing Federal pro- certified software provider and appropriate (b) SENSE OF THE SENATE.—It is the sense gram, office, or initiative with similar mis- training on using such software; and of the Senate that the Government of the sion, purpose, goals, or activities along with (C) the remote seller has failed to use the United States— a listing of all of the overlapping or duplica- software provided by the State. (1) should not endeavor to define reason- tive Federal program or programs, office or able levels of retirement savings for individ- offices, or initiative or initiatives; and SA 769. Mr. LEE submitted an uals and their families; ‘‘(2) an explanation provided by the com- amendment intended to be proposed by (2) should not limit the balances of tradi- mittee as to why the creation of each new him to the bill S. 743, to restore States’ tional IRA, Roth IRA, 401(k), and defined program, office, or initiative is necessary if sovereign rights to enforce State and contribution plans; and a similar program or programs, office or of- local sales and use tax laws, and for (3) should encourage individuals to respon- fices, or initiative or initiatives already other purposes; which was ordered to sibly save and invest for their retirement. exist.’’. f (b) CONSIDERATION OF LEGISLATION.—Rule lie on the table; as follows: XVII of the Standing Rules of the Senate is At the end, add the following: AUTHORITY FOR COMMITTEES TO amended by inserting at the end thereof the SEC. l. PROTECTING ONLINE SALES INTER- MEET following: MEDIARIES FROM ACTIONS IN CON- ‘‘6. (a) It shall not be in order in the Senate NECTION WITH CERTAIN VIOLA- COMMITTEE ON COMMERCE, SCIENCE, AND to proceed to any bill or joint resolution un- TIONS OF PRIVACY. TRANSPORTATION less the committee of jurisdiction has pre- (a) IN GENERAL.—Online sales inter- Mr. DURBIN. Mr. President, I ask pared and posted on the committee website mediaries shall not be subject to— unanimous consent that the Com- an overlapping and duplicative programs (1) criminal or civil actions by a State or mittee on Commerce, Science, and analysis and explanation for the bill or joint locality in connection with the refusal to Transportation be authorized to meet resolution as described in subparagraph (b) transfer information relating to sales during the session of the Senate on prior to proceeding. records in connection with the enforcement April 24, 2013, at 2:30 p.m., in room 253 ‘‘(b) The analysis and explanation required of sales and use taxes on remote sellers who by this subparagraph shall contain— do not have a legal nexus to the State or lo- of the Russell Senate Office Building. ‘‘(1) an analysis by the Congressional Re- cality, except in cases where such action re- The Committee will hold a hearing search Service to determine if the bill or lates to a court order, a warrant, or compli- entitled, ‘‘A Status Update on the De- joint resolution creates any new Federal pro- ance with an ongoing criminal investigation velopment of Voluntary Do-Not-Track gram, office, or initiative that would dupli- relating to an individual case; and Standards.’’

VerDate Mar 15 2010 07:27 Apr 06, 2014 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\APR2013\S24AP3.REC S24AP3 bjneal on DSK3VPTVN1PROD with CONG-REC-ONLINE April 24, 2013 CONGRESSIONAL RECORD — SENATE S2979 The PRESIDING OFFICER. Without Committee on Aging be authorized to Porto of my staff be granted floor objection, it is so ordered. meet during the session of the Senate privileges for the duration of today’s COMMITTEE ON FINANCE on April 24, 2013, to conduct a hearing session. Mr. DURBIN. Mr. President, I ask entitled ‘‘The National Plan to Address The PRESIDING OFFICER. Without unanimous consent that the Com- Alzheimer’s Disease: Are We On Track objection, it is so ordered. mittee on Finance be authorized to to 2015?’’ f The Committee will meet in room 106 meet during the session of the Senate RESOLUTIONS SUBMITTED TODAY on April 24, 2013, at 10 a.m., in room 215 of the Dirksen Senate Office Building of the Dirksen Senate Office Building, beginning at 2 p.m. Mr. WHITEHOUSE. Mr. President, I to conduct a hearing entitled ‘‘The The PRESIDING OFFICER. Without ask unanimous consent the Senate pro- Trans-Pacific Partnership: Opportuni- objection, it is so ordered. ceed to the immediate consideration, ties and Challenges.’’ SUBCOMMITTEE ON AIRLAND en bloc, of the following resolutions, The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask which were submitted earlier today: S. objection, it is so ordered. unanimous consent that the Sub- Res. 111, S. Res. 112, S. Res. 113, and S. Res. 114. COMMITTEE ON FOREIGN RELATIONS committee on Airland of the Armed There being no objection, the Senate Mr. DURBIN. Mr. President, I ask Services Committee be authorized to proceeded to consider the resolutions unanimous consent that the Com- meet during the session of the Senate en bloc. mittee on Foreign Relations be author- on April 24, 2013, at 3 p.m. ized to meet during the session of the The PRESIDING OFFICER. Without S. RES. 114 Senate on April 24, 2013, at 10 a.m., to objection, it is so ordered. Mr. REID. Mr. President, S. Res. 114 concerns a request for testimony, docu- hold a hearing entitled, ‘‘International SUBCOMMITTEE ON FINANCIAL AND Development Priorities in the FY 2014 CONTRACTING OVERSIGHT ments and representation in a federal Budget.’’ Mr. DURBIN. Mr. President, I ask criminal action pending in Arizona The PRESIDING OFFICER. Without unanimous consent that the Com- Federal district court. The prosecution objection, it is so ordered. mittee on Homeland Security and Gov- and defense have requested the produc- tion of a limited number of documents COMMITTEE ON HEALTH, EDUCATION, LABOR, ernmental Affairs’ Subcommittee on AND PENSIONS Financial and Contracting Oversight be and testimony, if necessary, from cur- Mr. DURBIN. Mr. President, I ask authorized to meet during the session rent and former employees of the Of- unanimous consent that the Com- of the Senate on April 24, 2013, at 10 fices of Senator JOHN MCCAIN and mittee on Health, Education, Labor, a.m. to conduct a hearing entitled former Senator Jon Kyl. Senator and Pensions be authorized to meet, ‘‘Oversight and Business Practices of MCCAIN and former Senator Kyl would during the session of the Senate, to Durable Medical Equipment Compa- like to cooperate with these requests conduct a hearing entitled ‘‘The Eco- nies.’’ by authorizing the production of rel- nomic Importance of Financial Lit- The PRESIDING OFFICER. Without evant documents and employee testi- eracy Education For Students’’ on objection, it is so ordered. mony from their offices. The enclosed resolution would au- April 23, 2013, at 2:30 pm, in room 430 of SUBCOMMITTEE ON PERSONNEL the Dirksen Senate Office Building. thorize the production of relevant doc- Mr. DURBIN. Mr. President, I ask uments and employee testimony from The PRESIDING OFFICER. Without unanimous consent that the Sub- objection, it is so ordered. the offices of Senator MCCAIN and committee on Personnel of the Com- former Senator Kyl. It would also au- COMMITTEE ON INDIAN AFFAIRS mittee on Armed Services be author- thorize the Senate Legal Counsel to Mr. DURBIN. Mr. President, I ask ized to meet during the session of the represent any current or former em- unanimous consent that the Com- Senate on April 24, 2013, at 10 a.m. ployees of those offices from whom evi- mittee on Indian Affairs be authorized The PRESIDING OFFICER. Without dence may be sought in this case. to meet during the session of the Sen- objection, it is so ordered. Mr. WHITEHOUSE. I ask unanimous ate on April 24, 2013, in room SD–628 of SUBCOMMITTEE ON READINESS AND consent the resolutions be agreed to, the Dirksen Senate Office Building, at MANAGEMENT SUPPORT the preambles be agreed to, the mo- 2:30 p.m., to conduct a hearing entitled Mr. DURBIN. Mr. President, I ask tions to reconsider be laid upon the ‘‘The President’s Fiscal Year 2014 unanimous consent that the Sub- table en bloc, with no intervening ac- Budget for Tribal Programs.’’ committee on Readiness and Manage- tion or debate. The PRESIDING OFFICER. Without ment Support of the Committee on The ACTING PRESIDENT pro tem- objection, it is so ordered. Armed Services be authorized to meet pore. Without objection, it is so or- COMMITTEE ON THE JUDICIARY during the session of the Senate on dered. Mr. DURBIN. Mr. President, I ask April 24, 2013, at 2:30 p.m. The resolutions were agreed to. unanimous consent that the Com- The PRESIDING OFFICER. Without The preambles were agreed to. mittee on the Judiciary be authorized objection, it is so ordered. (The resolutions, with their pre- to meet during the session of the Sen- SUBCOMMITTEE ON STRATEGIC FORCES ambles, are printed in today’s RECORD ate, on April 24, 2013, at 2:30 p.m., in Mr. DURBIN. Mr. President, I ask under ‘‘Submitted Resolutions.’’) room SD–226 of the Dirksen Senate Of- unanimous consent that the Sub- f fice Building, to conduct a hearing en- committee on Strategic Forces of the MEASURE READ THE FIRST titled ‘‘Judicial Nominations.’’ Committee on Armed Services be au- TIME—S. 799 The PRESIDING OFFICER. Without thorized to meet during the session of objection, it is so ordered. the Senate on April 24, 2013, at 2:30 p.m. Mr. WHITEHOUSE. I understand COMMITTEE ON VETERANS’ AFFAIRS The PRESIDING OFFICER. Without there is a bill at the desk. I ask for its Mr. DURBIN. Mr. President, I ask objection, it is so ordered. first reading. unanimous consent that the Com- The ACTING PRESIDENT pro tem- f mittee on Veterans’ Affairs be author- pore. The clerk will report the bill by ized to meet during the session of the PRIVILEGES OF THE FLOOR title. Senate on April 24, 2013, at 10 a.m. in Mr. DURBIN. Mr. President, on be- The legislative clerk read as follows: room SR–418 of the Russell Senate Of- half of Senator COONS, I ask unanimous A bill (S. 799) to provide for a sequester re- fice Building, to conduct a hearing en- consent that Amitai Bin-Nun, a fellow placement. titled ‘‘Call to Action: VA Outreach in his office, be granted floor privileges Mr. WHITEHOUSE. I now ask for a and Community Partnerships.’’ for Thursday, April 25. second reading and in order to place The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the bill on the calendar under the pro- objection, it is so ordered. objection, it is so ordered. visions of rule XIV, I object to my own SPECIAL COMMITTEE ON AGING Mr. HARKIN. Mr. President, I ask request. Mr. DURBIN. Mr. President, I ask unanimous consent that Sheerin The ACTING PRESIDENT pro tem- unanimous consent that the Special Gryloo, Elizabeth McCauley, and Anna pore. Objection having been heard, the

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CYBER INTELLIGENCE SHARING women and children were dead, and the I would like to draw special attention to the AND PROTECTION ACT world’s oldest Christian nation had been shat- nurses at South Nassau Communities Hos- tered—with its survivors scattered around the pital. The men and women of South Nassau SPEECH OF world. Communities Hospital show a consistent dedi- HON. BARBARA LEE The Dedeian family moved to Lebanon, cation to ensuring and improving the health of OF CALIFORNIA where Ms. Garjian attended Catholic School, their community. For over 80 years, these IN THE HOUSE OF REPRESENTATIVES learning French and Arabic. There, she met men and women have worked diligently to im- Wednesday, April 17, 2013 her husband Robert Garjian, a successful cob- prove the lives of Long Islanders. The tradition bler, who had come from the United States to passed down throughout the years was exem- The House in Committee of the Whole marry her. plified by the selfless efforts of the nurses at House on the state of the Union had under consideration the bill (H.R. 624) to provide Once in the United States, Ms. Garjian gave the hospital during Superstorm Sandy. I was for the sharing of certain cyber threat intel- birth to two daughters, Ellen and Mary. She is inspired by their efforts in assisting people of ligence and cyber threat information be- a dedicated wife, mother, grandmother, and Long Island gravely affected by Sandy. They tween the intelligence community and cy- great grandmother, with six grandchildren, rose to the occasion without hesitation or com- bersecurity entities, and for other purposes. twelve great–grandchildren, and two great– plaint providing care to people in their time of Ms. LEE of California. Madam Chair, I am grandchildren. One family member spoke of great need. And they did so without expecting voting ‘‘no’’ against the Cyber Intelligence her caring nature, saying ‘‘her home was al- any expectation of glory. Sharing and Protection Act (CISPA). H.R. 624 ways open to family members visiting or immi- These men and women exemplify the great endangers privacy and allows personal infor- grating to the United States.’’ values of America on a daily basis. They set mation to be shared by private companies After her husband passed away in 1986, an excellent standard for each of us to live up without adequate safeguards to protect sen- Ms. Garjian continued to dedicate herself to to. I wanted to take this moment to honor sitive and highly personal information. While it her family and community. She served as a them and thank them. We do not say it often is important that we build up our nation’s de- volunteer for the Valley Guild of the Arat enough to our public servants, but without the fenses against the modern dangers of Home—where she now lives—and was active men and women of the nursing profession, cyberattacks, we cannot abandon our central in the Armenian community where she was a America would be a much different place. The values of freedom and independence in the member of the Massis Church in Los Angeles, care provided by the nurses at Nassau South course of doing so. I am prepared to consider treasurer for the Marash Women’s Group, Communities hospital is vital to the life of Long an alternate version of CISPA wherein civil lib- member of the United Armenian Congrega- Island. I want to take this opportunity to thank erties are robustly protected. This bill provides tional Church, and is one of the founding them for everything they do for our neighbors no real solutions that adequately uphold an members of Aleppo College. and communities. American’s right to privacy, and that is why I After her husband passed away in 1986, f am voting against it. Ms. Garjian continued to dedicate herself to BAY COUNTY CENTENNIAL f her family and community. Garjian served as a volunteer for the Valley A TRIBUTE TO ROSE GARJIAN Guild of the Arat Home—where she now HON. STEVE SOUTHERLAND II lives—and was active in the Armenian com- OF FLORIDA HON. ADAM B. SCHIFF munity where she was a member of the IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Massis Church in Los Angeles, treasurer for Wednesday, April 24, 2013 IN THE HOUSE OF REPRESENTATIVES the Marash Women’s Group, member of the Mr. SOUTHERLAND. Mr. Speaker, I rise Wednesday, April 24, 2013 United Armenian Congregational Church, and today to honor the place that I am proud to Mr. SCHIFF. Mr. Speaker, I rise today to is one of the founding members of Aleppo call home: Bay County, Florida. honor a resident of Los Angeles, California, College. One hundred years ago today, Bay County and a 105-year-old survivor of the Armenian I ask that all Members join me in honoring was established by act of the Florida legisla- Genocide—Rose Garjian. a wonderful woman, Rose Garjian, for her re- ture, igniting a century of growth and oppor- Rose Garjian, then Rose Dedeian, was born markable story, dedication to family and ex- tunity for a close-knit community that still cher- on May 1, 1908, in the city of Kilis, located in ceptional service to the community. ishes its rich history and tradition. south–central Turkey. Her father, Zakar f Bay County is located in the heart of north- Dedeian, worked as a shoemaker and cobbler, west Florida, overlooking 41 miles of sugar- RECOGNIZING THE NURSES AT and her mother, Maritsa Dedeian, worked as white sand beaches along the Gulf of Mexico’s SOUTH NASSAU COMMUNITIES a teacher. When the government of the Otto- emerald green waters. With an additional 270 HOSPITAL FOR NATIONAL man Empire launched a campaign of fear, de- square miles occupied by pristine lakes, NURSES WEEK struction and death in the Spring of 1915, Ms. springs, streams and the magnificent St. An- Garjian was only six-years-old. Her father hur- drew’s Bay, Bay County has become a na- riedly took his family to a small neighboring HON. CAROLYN McCARTHY tional destination for tourists, fishermen, boat- village to go into hiding from the Turks. OF NEW YORK ers, and water sports enthusiasts. Ms. Garjian remembered the episode last IN THE HOUSE OF REPRESENTATIVES While Bay County’s beaches and diverse in- land areas attract over eight million visitors year in an interview recalling that her father Wednesday, April 24, 2013 did not tell them why they had to go, only that each year, it is the people who live and work they should hurry. ‘‘We left our home, and Mrs. MCCARTHY of New York. Mr. Speak- there that give us our unique spirit. A small went to the desert,’’ said Garjian. ‘‘My father er, I rise today to ask that we acknowledge community of little more than 11,000 in 1920, took us to hide, he tried to take us away from the significant contributions nurses make to Bay County now embodies the drive of a di- the Turks.’’ our society on a daily basis. This year, the verse and growing population totaling more While the Dedeian family was in hiding, the week of May 6th is National Nurses Week. than 170,000 people. Ottoman government committed genocide During this week, we are asked to pause and Bay County’s workforce is among the best against the Armenian people through whole- recognize the courageous men and women educated and most highly prepared in North- sale massacre, forced marches through blis- who serve our communities as nurses. The west Florida, with institutions of higher learn- tering deserts across the villages and cities of American Nurses Association has designated ing that rival any in the region. Its economic eastern Anatolia. this week to honor nurses and incorporate one engine is fueled not by tourism alone, but also When the killings ended eight years later, of the most famous nurses, Florence Nightin- by thriving small businesses, nationally recog- more than a million and a half Armenian men, gale, in the ceremony as well. nized companies, major manufacturers and

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

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K24AP8.013 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS E526 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2013 one of the newer airports in America. And, as He has worked tirelessly on behalf of MATT LEWIS the home of Tyndall Air Force Base, Naval Shaare Zedek, year after year, putting in Support Activity Panama City, and more than countless hours of time each week. At his own HON. ED PERLMUTTER 22,000 veterans, Bay County enjoys a rich expense, Mr. Harounian has placed ads in all OF COLORADO military history. major Persian language news media in New IN THE HOUSE OF REPRESENTATIVES On this date, April 24, 2013, the day of Bay York and Los Angeles as well as in the Jewish Wednesday, April 24, 2013 County’s centennial, I am proud to join with Week and Jerusalem Post. Jack takes his re- friends, neighbors, and local and county offi- sponsibility as International Chairman very se- Mr. PERLMUTTER. Mr. Speaker, I rise cials from Panama City, Panama City Beach, riously. On behalf of Shaare Zedek he has today to recognize and applaud Matt Lewis for Lynn Haven, Springfield, Parker, Callaway, travelled to Boston, Washington D.C., Chi- receiving the Arvada Wheat Ridge Service Mexico Beach, and the unincorporated areas cago, Miami, and overseas to Germany, Swit- Ambassadors for Youth award. Matt Lewis is of our county to celebrate our proud past and zerland, France, Australia, New Zealand, Eng- an 8th grader at Moore Middle School and re- bright future. land and Spain to meet with members of the ceived this award because his determination f local Persian Jewish community. Jack has and hard work have allowed him to overcome HONORING JACK AND VIOLET personally paid for all hotels and air expenses adversities. HAROUNIAN for himself and his wife. The dedication demonstrated by Matt Lewis is exemplary of the type of achievement that In recognition of his exceptional activities can be attained with hard work and persever- HON. STEVE ISRAEL which have greatly benefited the health and ance. It is essential students at all levels strive OF NEW YORK well-being of the people of Jerusalem, Jack to make the most of their education and de- IN THE HOUSE OF REPRESENTATIVES was honored at the Iranian Community Soli- velop a work ethic which will guide them for Wednesday, April 24, 2013 darity Gala Dinner Dance in celebration of Je- the rest of their lives. rusalem’s 2000 birthday in 1996, sponsored Mr. ISRAEL. Mr. Speaker, I rise today to I extend my deepest congratulations to Matt honor Jack and Violet Harounian, Dinner by Shaare Zedek. Lewis for winning the Arvada Wheat Ridge Chairpersons of the Aleh Foundation Awards This was followed two years later by Mr. Service Ambassadors for Youth award. I have Dinner. Harounian being designated by Prime Minister no doubt he will exhibit the same dedication Aleh Foundation’s distinguished Dinner Ehud Olmert a ‘‘Trustee of the City of Jeru- and character in all of his future Chairperson Jack Harounian was born in Te- salem’’ at festivities in Jerusalem celebrating accomplishments. heran, Iran in 1928. Jack had hoped to attend Israel’s 50th birthday. This is a special, rare f Teheran University Medical School to help the honor of distinction that is presented to those HONORING MR. GEORGE J. PAPPAS local Jewish community but was accepted in individuals outside Israel who have made an Dental College. Because of the outbreak of exceptional contribution toward the betterment World War II and the very difficult day to day of the people of Jerusalem. HON. C.A. DUTCH RUPPERSBERGER economic situation, he was not able to attend. OF MARYLAND Because of his widespread reputation as a At age 18, after passing exams, Mr. IN THE HOUSE OF REPRESENTATIVES Harounian became the youngest staff member philanthropist supporting Israel, Jack was ap- Wednesday, April 24, 2013 of the Imperial Bank of Iran office in Teheran. proached by the Aleh Foundation in 2001. He At age 20, he volunteered to attend the War was deeply moved to hear about the dream of Mr. RUPPERSBERGER. Mr. Speaker, I rise Faculty and became a Battalion Officer of King building a Rehabilitation Village. The esti- before you today on behalf of myself, Rep- Mohammad Reza Shah Pahlavi. In that posi- mated cost of the project was a daunting $45 resentative CONAWAY from Texas, Representa- tion Jack served for 18 months in ‘‘Padeghan million. tive LOBIONDO from New Jersey, Representa- Jay’’ near Mehrabad Airport in Teheran. He After visiting the Aleh Center in Jerusalem tive NUNES from California, Mr. ROGERS from then returned to the bank at a higher position and meeting with our special children and talk- Michigan, and Representative THORNBERRY until Prime Minister Dr. Mohammad Mosadegh ing with the exceptional staff, Mr. Harounian from Texas to honor Mr. George J. Pappas, nationalized the banking and oil industry in threw himself wholeheartedly into this endeav- Professional Staff Member of the Permanent Iran. Jack got married in 1957 to his lovely or. Jack was kind enough to open his beautiful Select Committee on Intelligence and retired bride Violet Ohebshalom at the age of 29 in home in Kings Point for a fund-raising event United States Army Lieutenant Colonel. Tehran and they enjoyed a honeymoon in that featured Prime Minister Ehud Olmert as During his time with the House Intelligence Israel in 1957. Today they are blessed with the guest speaker. Mr. Harounian is an es- Committee, Mr. Pappas traveled extensively two daughters, one son and 11 grandchildren. teemed honorary board member. He makes it on bi-partisan congressional delegations, lead- Mr. Harounian moved the family to the U.S. a priority to participate in all of the Aleh Foun- ing world-wide congressional trips for indi- in 1970. After he started a business importing dation’s fund raising events in NY and in Israel vidual Members of Congress and group dele- woolen piece goods, then shifted to become and spends an enormous amount of time in- gations. He has specific knowledge and exper- an exporter of handmade oriental rugs. After troducing friends, neighbors and business as- tise in engaging partner allies and emerging three decades he became one of the largest sociates to the vital work of the Foundation. democracies from Eastern Europe, East Asia, rug exporters in the U.S. At age 20, when the and Western Africa. He advised bipartisan State of Israel was established, and later, at Over the years Mr. Harounian has devoted Members of the House on issues related to the time of their honeymoon, Jack began to countless hours of his time, energy and national security, cyber security, nuclear non- think how he could help the people of Israel money to helping Aleh expand its extraor- proliferation, global conflict, military intel- and Jews around the world. Some 25 years dinary facilities while continuing his wonderful ligence operations, and institutional organiza- ago he decided to help hospitals and upgrade work for Shaare Zedek and many other worthy tions within the Department of Defense. the quality of health-care services in Israel. In, causes in Israel. When asked why he worked Before serving as an exceptional policy ad- 1980 he organized and led fund raising efforts so hard on behalf of the Aleh Foundation, Mr. visor, he dedicated 24 years to active military on behalf of Magen David Hospital in Calcutta, Harounian replied, ‘‘It is wonderful that 12,000 service, holding a number of command and India. parents can go to work each day with peace staff assignments including Deputy Com- In 1990, Violet miraculously survived a very of mind, knowing that the Aleh Foundation, mander United States Special Operation Com- serious illness. In the words of Jack, ‘‘G-d with its excellent and caring staff is taking care mand—Korea and Chief of Civil Affairs, United gave me back my wife.’’ In appreciation, he of their disabled children.’’ States Forces Korea. He also served as Oper- agreed to become the International Chairman Mrs. Violet Harounian, besides warm sup- ations Officer, Company Commander and of Iranian Friends of Shaare Zedek Medical port and encouragement, donated a very spe- Special Forces Detachment Command, 10th Center in Jerusalem. In that position, Mr. cial ambulance to Magen David Adom in 1900 Special Forces Group (Airborne); and Battery Harounian began to raise funds for Shaare to Israel. She is active, in many other non- Commander and Brigade Fire Support Office Zedek, not just in New York but across the profit organizations in Israel such as Hadas- in the 82nd Airborne Division. country and around the world. In all of these sah and Ort and so on. It is a distinct honor His awards and decorations include the Le- trips he had the warm support and encourage- and a privilege to have Jack and Violet serve gion of Merit, Bronze Star Medal, two Defense ment of Violet who is deeply proud of her hus- as Dinner Chairpersons of Aleh Foundation Meritorious Service Medals, three Meritorious band’s efforts to care for the sick and disabled Awards Dinner celebrating 29 years of service Service Medals, Joint Service Commendation in Israel. to disabled children in Israel. Medal, Army Commendation Medal, Joint

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This belief led her to establish paths of tional Defense Service Ribbon, Army Service ognition of their influence, the Feigenbaum more rigorous study and increased opportunity Ribbon, three Overseas Service Ribbons, two Leadership Excellence Award was established for every student at South Side High School. Joint Meritorious Unit Awards, two Army Supe- by the Middle East Quality Association to en- She established a mandate that all 11th grad- rior Unit Awards, and the Master Parachutist courage the adoption of total quality manage- ers complete the very challenging English Badge, Special Forces Tab. ment. class, International Baccalaureate Language Mr. Pappas received his Bachelor of Arts in Donald has made significant personal, pro- and Literature. Her high standards for all stu- History from Saint Bonaventure University and fessional and financial contributions to civic, dents—regardless of social, economic, or ra- his Masters of Science in Resource Manage- educational, and charitable organizations. His cial background—resulted in 99% of her stu- ment from Troy University. His military edu- commitment to the betterment of his home dents, including 95% of minority students, cation includes the Field Artillery Officer Basic county is reflected by his membership on the graduating with a Regents diploma last year. and Advanced Courses, Defense Language Board of Directors of the Berkshire Economic These extraordinary results have led to U.S. Institute Foreign Language Center, Special Development Corporation, the Board of Trust- News and World Report to select South Side Forces Qualification Course, Air Command ees of the Berkshire Athenaeum, the Board of High School as the top-ranked high school on and Staff College, U.S. Army Force Manage- Overseers of the Hancock Shaker Village, the Long Island. ment School, and the Armed Forces Staff Col- Board of Trustees of the Berkshire Museum, Ms. Burris is known as a leader amongst lege. the Board of Trustees of the Colonial Theater her coworkers and students. She works with Mr. Speaker, George Pappas has dedicated Association, the Board of Trustees of the Co- teachers to regularly to collaborate, develop his career in service of his country, and I ask lonial Theatre Association, the Board of Trust- new ideas for lesson plans, improve instruc- that you join with me today to acknowledge ees of the Berkshire Theatre Festival, the tion tools, align curriculum to be highly effec- Mr. George J. Pappas for his tremendous con- Board of Directors of the Rotary Club of Pitts- tive. The impact of her leadership on her tributions to the security of the United States field Foundation, and as a corporator of the school and her students is evident. Please join of America. Berkshire Medical Center. me in honoring Carol Burris for the momen- f Donald, with his brother Armand funded the tous achievement of becoming New York creation of the Feigenbaum Hall of Innovation State’s Principal of the Year. IN REMEMBRANCE OF MR. at the Berkshire Museum. The extensive per- f DONALD S. FEIGENBAUM manent exhibition that opened in 2008 pre- sents the numerous achievements of Berk- HONORING KEVIN JOSEPH NOYES HON. RICHARD E. NEAL shire County residents in science, technology, OF MASSACHUSETTS and management, as well as innovations in HON. SAM GRAVES IN THE HOUSE OF REPRESENTATIVES the arts and other disciplines. The brothers OF MISSOURI Wednesday, April 24, 2013 have been key in the development of the Mi- IN THE HOUSE OF REPRESENTATIVES chael Walsh Trail on West Stockbridge Moun- Wednesday, April 24, 2013 Mr. NEAL. Mr. Speaker, I rise today to ac- tain, the Hilda Vallin Feigenbaum Berkshire knowledge the life and significant accomplish- Authors room in the Berkshire Athenaeum, the Mr. GRAVES of Missouri. Mr. Speaker, I ments of Donald S. Feigenbaum. Donald re- Feigenbaum Forum at Union College, the proudly pause to recognize Kevin Joseph grettably passed away on March 5th at the Feigenbaum Forum at the University of Mas- Noyes. Kevin is a very special young man age of 87 at Berkshire Place in his beloved sachusetts’ Medical School, and the restora- who has exemplified the finest qualities of citi- hometown of Pittsfield, Massachusetts. tion of the Colonial Theatre in Pittsfield. To zenship and leadership by taking an active Donald was born in Pittsfield, the son of S. continue their legacy of philanthropy, Donald part in the Boy Scouts of America, Troop 81, Frederick and Hilda Vallin Feigenbaum. He at- and his brother Armand established the and earning the most prestigious award of tended Union College as an electrical engi- Feigenbaum Foundation. Eagle Scout. neering major and received his degree in Mr. Speaker and fellow members, please Kevin has been very active with his troop, 1946. Union College later recognized Donald join me in recognizing the life and accomplish- participating in many scout activities. Over the as an ‘‘Outstanding Engineering Alumnus’’ and ments of Dr. Donald Feigenbaum. many years Kevin has been involved with awarded him an Honorary Degree of Doctor of f scouting, he has not only earned numerous Science. Donald also received an Honorary merit badges, but also the respect of his fam- Doctor of Humane Letters degree from the HONORING CAROL BURRIS ON ily, peers, and community. Most notably, Kevin University of Massachusetts and a Doctor of BEING NAMED HIGH SCHOOL has contributed to his community through his Science degree from the Massachusetts Col- PRINCIPAL OF THE YEAR Eagle Scout project. Kevin built, painted and lege of Liberal Arts. Union College named its installed crosses at a local cemetery for the administration building the ‘‘Armand and Don- HON. CAROLYN McCARTHY ‘‘Day of Remembrance’’ event remembering ald S. Feigenbaum Hall,’’ in honor of the finan- OF NEW YORK Civil War participants in Macon, Missouri. cial and professional contributions made to the IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I proudly ask you to join me in college by Donald and his brother. commending Kevin Joseph Noyes for his ac- Wednesday, April 24, 2013 After serving in the Navy as a Seabee, Dr. complishments with the Boy Scouts of Amer- Feigenbaum began his career with the Gen- Mrs. MCCARTHY of New York. Mr. Speak- ica and for his efforts put forth in achieving the eral Electric Company in Schenectady, New er, I rise today to commend Carol Burris on highest distinction of Eagle Scout. York where he became a pioneer developer of being named New York State’s 2013 High f value engineering, which has become a basic School Principal of the Year. Principal Burris to product design and manufacturing in Amer- has proudly served as Rockville Centre’s THE NINETY-EIGHTH ANNIVER- ica. South Side High School’s Principal for 13 SARY OF THE ARMENIAN GENO- In 1957, Dr. Feigenbaum became the Gen- years. She was chosen as Principal of the CIDE eral Manager of the International Systems Year by the School Administrators Association Company, guiding the company to a leader- of New York State because of her exceptional HON. EDWARD J. MARKEY ship position within the systems technology in- contributions to the educational process and OF MASSACHUSETTS dustry. In 1960, Donald and his brother Ar- her commitment to her students and the com- IN THE HOUSE OF REPRESENTATIVES mand founded the General Systems Com- munity. It was because of her tireless efforts pany, a global leader in designing and install- that so many were moved to submit letters of Wednesday, April 24, 2013 ing proprietary management operating sys- nomination for this award. Mr. MARKEY. Mr. Speaker, parev, pari tems. Praised for her bold ideas to improve the yegak (Hello, welcome!). Donald and his brother Armand co-authored education system, Ms. Burris is well known for I am very proud to represent Watertown, the book, ‘‘The Power of Management Cap- her opposition to using standardized test Massachusetts in Congress. Watertown has ital,’’ which laid out a new direction for man- scores as an evaluation tool for teachers and the third highest percentage of Armenian- agement not only in industry, but healthcare, the use of tracking at the high school level. Americans of any community in the Nation. I

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.003 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS E528 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2013 am also a proud member of the Congressional tant ally of the United States. Together we can Lerner, Film Liaison, City of Albuquerque, Caucus on Armenian Issues led by Represent- continue to build something positive, some- Katherine Carroll Martinez, Director, Construc- atives Pallone and Grimm. thing hopeful, something good for the future— tion Industries Division/Manufactured Housing The Armenian-American community is one an Armenia that is respected and honored by Division, Regulation and Licensing Depart- of the greatest success stories in this Nation’s its allies and neighbors. ment, State of New Mexico. history. I was meeting recently with a group of And this cannot come without universal ac- Health/Fitness: my Armenian-American constituents to discuss knowledgement of the horror that was the Ar- Kristie Bair, J.D., President, Bair Medical some of the current issues affecting US-Arme- menian Genocide. Spa, Gayle Dine’Chacon, MD, Surgeon Gen- nian relations and I commented that in my ex- Shnorhagal em (Thank you). eral, Navajo Nation, Associate Professor, perience, I have never met an unsuccessful f UNM School of Medicine, E. DeAnn Eaton Armenian! Azar, CEO, Haverland Carter Lifestyle Group, RECOGNIZING WOMEN OF As an Irish-American, I know what it is like Kim E. Hedrick, Vice President Strategic Busi- INFLUENCE to come from a troubled land. My grandfather ness Development, University of New Mexico and grandmother came to Boston from Ireland Medical Group, Inc., Mary G. Martinez, Fran- in 1902. Just as the core of the Irish-American HON. MICHELLE LUJAN GRISHAM chise Owner/CEO, Home Instead Senior Care. community was formed out of the refugees of OF NEW MEXICO I congratulate these women leaders and the Potato famine and the Irish Civil War, the IN THE HOUSE OF REPRESENTATIVES thank them for their contributions to New Mex- core of the Armenian-American community Wednesday, April 24, 2013 ico. was formed from those who fled the Genocide Ms. MICHELLE LUJAN GRISHAM of New f and their descendants. Mexico. Mr. Speaker, I rise to honor 32 Today, we remember and commemorate the CELEBRATING THE RETIREMENT women who were recognized as New Mexico OF DR. GENE BUINGER Armenian Genocide, the first of many geno- ‘‘Women of Influence’’ for 2013. cides we saw in the 20th Century. The Arme- It is important to highlight women in our nian Genocide that began in 1915 is some- communities who are achieving incredible suc- HON. KENNY MARCHANT times called the ‘‘forgotten genocide,’’ but we cess as local business and community lead- OF TEXAS must never forget! ers. Albuquerque Business First partnered IN THE HOUSE OF REPRESENTATIVES I was proud to be present at the opening of with the local business community to evaluate Wednesday, April 24, 2013 the Armenian Heritage Park in Boston in May a record number of nominations for the Mr. MARCHANT. Mr. Speaker, I rise today of last year. This beautiful park and its haunt- Women of Influence awards. ing monument are a lasting testament to the I understand the challenges of being a small in recognition and to celebrate the retirement 1.5 million Armenians who were slaughtered business owner and overcoming hurdles that of Dr. Gene Buinger as the Superintendent of by the Ottoman Empire. This monument re- are all-too-common for women in a male- Schools for the Hurst-Euless-Bedford Inde- minds us that we must be ever vigilant and dominated culture. I appreciate and applaud pendent School District (HEB-ISD). Dr. not allow such horrors to occur again. this year’s honorees, each of whom has con- Buinger served the 24th district of Texas with In order to prevent future genocides, how- tributed to the state of New Mexico in unique pride and success in his tenure as the Super- ever, we must recognize those of the past. For and exciting ways. intendent of the HEB-ISD. many years the U.S. House of Representa- New Mexico’s Women of Influence include Dr. Buinger began his successful career tives has had before it a resolution which CEO’s, educators, entrepreneurs, and leaders with HEB-ISD in June of 1999. In his 14 years clearly affirmed that the Armenian Genocide in financial services, government, health and as the Superintendent, Dr. Buinger turned did occur. fitness, non-profits and technology firms. HED-ISD into a school system that prepares I have been a strong supporter and vocal Business Services: all children for college or the work force. Dr. cosponsor of this resolution in every Con- Virginia R. Dugan, Esquire, Atkinson & Buinger selflessly instituted a variety of initia- gress, and I remain so today. Kelsey, P.A., Annette Gardiner, President, tives to bolster the school districts reach in Almost one-hundred years have passed New Mexico Gas Company, Debra P. Hicks, their student’s education. Implementation of since the Armenian Genocide, yet the suf- PE/LSI, President and CEO, Pettigrew & As- the International Baccalaureate and Inter- fering will continue for Armenians and non-Ar- sociates, P.A., Jennifer Hise, Vice President, national Business Initiative within the HEB-ISD menians alike as long as the world allows de- CEMCO, Inc., Laurie Monfiletto, Vice Presi- offers secondary students an opportunity they nial to prevail. dent of Human Resources, PNM Resources, may not get in other school districts. Already, 43 states and 22 nations have offi- Dorothy Stermer, Manager, Sandia National Dr. Buinger implemented these programs cially recognized the Armenian Genocide, and Laboratories, Dr. Sandra Taylor-Sawyer, Di- during his tenure to ensure that the students it is long overdue for the United States to do rector, NM Small Business Development Cen- coming from the HEB-ISD would be able to the same. ter, CEO, Dream Givers, LLC, Independent gain entry to the world’s most prestigious uni- Unfortunately, the Republic of Armenia’s Associate, LegalShield. versities. As Superintendent, Dr. Buinger’s ISD challenges have continued even after it gained Education: increased Texas Assessment of Knowledge its independence from the Soviet Union in Barbara Bergman, Interim Dean, University and Skills performance by 20 percent in some 1991. of New Mexico School of Law, Marilyn areas virtually eliminating the achievement In the face of ongoing blockades from Tur- Melendez Dykman, Director, University of New gap among all student groups. key and Azerbaijan, the United States must Mexico Veterans Resource Center, Dr. Viola Mr. Speaker, with Dr. Buinger’s retirement, provide assistance to Armenia while working E. Florez, Professor and PNM Education En- the 24th District of Texas celebrates a great to reestablish the Turkish government’s com- dowed Chair, University of New Mexico Col- leader in the fight for a stronger education for mitment to normalized relations in order to en- lege of Education. our nation’s youth. I am honored to recognize sure peace and stability in the Caucasus re- Entrepreneur: Dr. Buinger for his service to the HEB-ISD. gion. I strongly support these efforts. Sherry M. Keeney, President/CEO, PECOS His experience and expertise will be sorely The Armenian people are true survivors. Management Services, Inc., Janice J. Lucero, missed. I ask all my distinguished colleagues Despite the reappearing themes of invasions CEO/Owner, MVD Express, Susan MacLean, to join me in congratulating Dr. Buinger on a and land loss that the Armenians have dealt President & CEO, The Solutions Group, tremendous career as well as wishing him the with for over 3,000 years, coupled with the DeAnn Sena O’Connor, Creative Director, dso best in his future endeavors. loss of between one-half and three-quarters of creative. f their population in the early 20th century, the Financial Services: people of Armenia have prevailed. Karen M. Bard, Wealth Management Advi- HONORING JACOB R. BEAUCHAMP The journey of the Armenian people con- sor, Merrill Lynch, Dohnia Dorman, MBA, VP tinues today, with our shared responsibility to of Marketing, Rio Grande Credit Union, Part- HON. SAM GRAVES ensure that the Armenian people are able to Time Adjunct Lecturer II, UNM, Tammy S. OF MISSOURI build their own, independent and prosperous Jaramillo, Director of Administration, Burt & IN THE HOUSE OF REPRESENTATIVES future. Company CPAs, LLC. I look forward to continuing to work with the Government: Wednesday, April 24, 2013 Armenian-American community to address the Mary Ann Chavez-Lopez, Executive Direc- Mr. GRAVES of Missouri. Mr. Speaker, I issues facing this longtime friend and impor- tor, El Camino Real Housing Authority, Ann proudly pause to recognize Jacob R.

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.005 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 24, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E529 Beauchamp. Jacob is a very special young RECOGNIZING THE NATIONAL DAY HONORING TAYLOR J. LONG man who has exemplified the finest qualities OF PRAYER of citizenship and leadership by taking an ac- HON. SAM GRAVES tive part in the Boy Scouts of America, Troop HON. RICHARD B. NUGENT OF MISSOURI 81, and earning the most prestigious award of OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Eagle Scout. IN THE HOUSE OF REPRESENTATIVES Wednesday, April 24, 2013 Jacob has been very active with his troop, participating in many scout activities. Over the Wednesday, April 24, 2013 Mr. GRAVES of Missouri. Mr. Speaker, I many years Jacob has been involved with Mr. NUGENT. Mr. Speaker, I rise today to proudly pause to recognize Taylor J. Long. scouting, he has not only earned numerous recognize the National Day of Prayer. Taylor is a very special young man who has merit badges, but also the respect of his fam- On May 2nd, 2013, hundreds of people exemplified the finest qualities of citizenship ily, peers, and community. Most notably, across Florida’s eleventh district will come to- and leadership by taking an active part in the Jacob has contributed to his community gether to observe the 62nd annual National Boy Scouts of America, Troop 180, and earn- through his Eagle Scout project. Jacob built, Day of Prayer. ing the most prestigious award of Eagle Scout. Taylor has been very active with his troop, painted and installed shelving and cubbies at The call to prayer is a tradition as old as participating in many scout activities. Over the Ray of Hope Pregnancy Care Ministries in America itself. Our founding fathers were so many years Taylor has been involved with Macon, Missouri. firm in their belief in God that they frequently scouting, he has not only earned numerous Mr. Speaker, I proudly ask you to join me in turned to prayer for blessing and in times of merit badges, but also the respect of his fam- commending Jacob R. Beauchamp for his ac- need. Thomas Jefferson believed that the God ily, peers, and community. Most notably, Tay- complishments with the Boy Scouts of Amer- who gives us life also gives us liberty and that lor has contributed to his community through ica and for his efforts put forth in achieving the as Americans we must acknowledge his his Eagle Scout project. highest distinction of Eagle Scout. mercy and guidance. Mr. Speaker, I proudly ask you to join me in In 1952, Congress passed a resolution es- commending Taylor J. Long for his accom- f tablishing an annual day of prayer. This reso- plishments with the Boy Scouts of America lution was later amended and signed by Presi- and for his efforts put forth in achieving the MARISOL RODRIGUEZ dent Reagan to permanently establish the first highest distinction of Eagle Scout. Thursday of May as the National Day of Pray- f HON. ED PERLMUTTER er. This day holds special meaning as it serves A TRIBUTE TO MR. CLYDE OF COLORADO as an important reminder of the role faith has RANDAL STRICKLAND IN THE HOUSE OF REPRESENTATIVES played, and continues to play, in our everyday lives. Wednesday, April 24, 2013 HON. MIKE McINTYRE ICHARD UGENT Therefore, I, R B. N , Member OF NORTH CAROLINA of Congress representing the eleventh district Mr. PERLMUTTER. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES today to recognize and applaud Marisol Rodri- of Florida, do hereby recognize the district’s guez for receiving the Arvada Wheat Ridge observance of the 62nd National Day of Pray- Wednesday, April 24, 2013 Service Ambassadors for Youth award. er. Mr. MCINTYRE. Mr. Speaker, I rise today to Marisol Rodriguez is an 11th grader at Jeffer- pay tribute to the longtime pastor of the Sted- son High School and received this award be- f man Pentecostal Holiness Church Mr. Clyde Randal Strickland, known as Randal by his cause her determination and hard work have CRANE HIGH SCHOOL BASKET- friends and his congregation. Mr. Strickland allowed her to overcome adversities. BALL—MISSOURI CLASS 2 STATE passed away on March 30, and he will be re- The dedication demonstrated by Marisol CHAMPIONS Rodriguez is exemplary of the type of achieve- membered as a caring pastor who led by ex- ment that can be attained with hard work and ample, describing himself as a shepherd, not perseverance. It is essential students at all HON. BILLY LONG a policeman. He will be dearly missed. levels strive to make the most of their edu- OF MISSOURI Randal Strickland was born in January, cation and develop a work ethic which will IN THE HOUSE OF REPRESENTATIVES 1951, as one of six children to Randolph and Laverne Strickland. Mr. Strickland was given guide them for the rest of their lives. Wednesday, April 24, 2013 his grandfather’s name, Clyde, but everybody I extend my deepest congratulations to Mr. LONG. Mr. Speaker, I rise today to con- in his congregation and the tight-knit Stedman Marisol Rodriguez for winning the Arvada gratulate the Crane Lady Pirates Basketball community knew him as Randal. Mr. Strick- Wheat Ridge Service Ambassadors for Youth Team for winning the Missouri Class 2 Girls land first met his wife, June Hancock, when award. I have no doubt she will exhibit the State Championship. she was in fourth grade and he in fifth. They same dedication and character in all of her fu- The win capped off a commanding season dated throughout high school and attended ture accomplishments. in which the Lady Pirates won 30 games, in- Coker College in South Carolina together. Mr. cluding a 21-game winning streak. Members Strickland discovered his calling as a pastor f of the team include Maggie McMenamy, Allie when he was asked to temporarily fill the posi- OUR UNCONSCIONABLE NATIONAL Hagler, Addie Reel, Riley Israel, Loni Johnson, tion at Stephenson Avenue Pentecostal Holi- DEBT Jalee Johnson, Kylie Vaught, Lexi Vaught, ness in Savannah, Georgia. He then moved to Emma Lander, Sam Bunting, Justeen Mahan, Stedman, North Carolina and served the Sted- Kylee Moore, Shelby Roder, and Keren Belin. man Church for 30 years. HON. MIKE COFFMAN It was through their hard work and dedication Mr. Strickland baptized hundreds of people that they achieved such a high level of suc- OF COLORADO and officiated over 100 weddings, including cess. that of one of his own daughters. Over his life- IN THE HOUSE OF REPRESENTATIVES I also want to recognize Head Coach Jer- time he earned the love and admiration of his Wednesday, April 24, 2013 emy Mullins and Assistant Coaches Billy R. congregation, the people of Stedman, and all Redus and Maranda Vaught. They developed who met him. Mr. COFFMAN. Mr. Speaker, on January 3, a powerhouse program, and they should be Mr. Strickland is survived by his wife, June 2009, the day I took office, the national debt commended on developing these young H. Strickland; children, Joanna Gray and hus- was $10,627,961,295,930.67. women into strong leaders on and off the band Jim, Lynn Jeffrey and husband Travis, Today, it is $16,794,429,148,215.24. We’ve court. and Phillip Strickland and wife Ashley; grand- added $6,166,467,852,284.57 to our debt in 4 The Crane community is justifiably proud of children, Judah, Julianna, Jacob and Jennalyn years. This is $6.1 trillion in debt our nation, this extraordinary group of talented student- Gray, and Cooper and Caden Jeffrey, all of our economy, and our children could have athletes. I urge my colleagues to join me in Stedman; mother, Laverne Strickland; broth- avoided with a Balanced Budget Amendment. congratulating the Crane Lady Pirates as they ers, Allen Strickland, Doug Strickland and We must stop this unconscionable accumula- celebrate their Class 2 Girls State Champion- Wayne Strickland; and sisters, Darlene Fisher tion of debt. ship. and Anita Williams.

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K24AP8.005 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS E530 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2013 Mr. Speaker, may we never forget the good- ical Center and on the Board of Trustees well olution. This bill will prohibit the export of hard- ness, humility, service, and character that de- into retirement. A man of great faith, Terry ware or software that can be used for surveil- fined the life of Randal Strickland. May God also served as a Eucharistic minister and as lance, tracking and blocking to the govern- continue to bless all of his loved ones, and chairman for many annual fundraisers at St. ments of Internet-restricting countries. Current may we all strive to carry on his ministry and Joseph’s Catholic Church in Redding. He was export control laws do not take into account good work. a loving grandfather to ten and a great-grand- the human rights impact of these exports and f father to three great-granddaughters. therefore do not create any incentive for U.S. Today, we mourn the loss of a community companies to evaluate their role in assisting HONORING MAYOR TERRY YORKE stalwart and a respected leader who helped repressive regimes. GOFA will not only help LAROIX, JR. shape the City of Alameda and the sur- stop the sale of these items to repressive gov- rounding area during his political career. ernments, but will create an important foreign HON. BARBARA LEE Mayor Terry Yorke LaCroix, Jr., leaves behind policy stance for the United States that will OF CALIFORNIA a strong legacy of character, integrity, and help ensure that dissidents abroad know we IN THE HOUSE OF REPRESENTATIVES love for his community. I offer my sincerest are on their side, and that U.S. businesses are condolences to his surviving family and to the Wednesday, April 24, 2013 not profiting from this repression. many friends and associates whose lives he This export control law is long overdue, and Ms. LEE of California. Mr. Speaker, I rise touched over the course of his long and fruitful thoroughly consistent with the approach Con- today to honor the exceptional life of Alame- life. He will be deeply missed. gress has taken, for example, in restricting ex- da’s first elected mayor, the Honorable Terry f ports of certain crime control equipment to Yorke LaCroix, Jr. Born and raised in the City China. It makes no sense for us to allow U.S. of Alameda, Mayor LaCroix was known for his U.S. PRODUCTS SHOULD NOT AID INTERNET CENSORSHIP companies to sell technologies of repression love of the community and volunteered count- to dictators, and then turn around and have to less hours to public service. His strong leader- spend millions of dollars to develop and de- ship bolstered Alameda and the surrounding HON. CHRISTOPHER H. SMITH ploy circumvention tools and other tech- OF NEW JERSEY community during crucial transitions, and even nologies to help protect dissidents from the IN THE HOUSE OF REPRESENTATIVES times of tragedy. With his passing on March very technologies that U.S. companies ex- 19, 2013, we look to Mayor LaCroix’s legacy Wednesday, April 24, 2013 ported to their persecutors. and the outstanding quality of his life’s work. Mr. SMITH of New Jersey. Mr. Speaker, Mr. Speaker, I believe the United States has Born on October 24, 1924 to Vivian and about 2 billion people in the world regularly a unique role to play in preserving online free- Terry LaCroix, Sr., he attended St. Joseph communicate or get information on the Inter- dom; and export controls can send a strong Catholic School and Alameda High School be- net. Well over half a billion people of these message to repressive governments that the fore leaving to serve in World War II. In the people do so in repressive countries. As the Internet must not become a tool of repression. U.S. Army Air Corps, he trained on C–47s, Internet use has become a vital and even the f served as a flight engineer, and flew in the standard means to disseminate beliefs, ideas China-Burma-India theatre. and opinions, so we see a growing number of HONORING GRANT DONOVAN After marrying the love of his life, Patricia countries that censor or conduct surveillance EDWARD DOUGLAS (‘‘Patty’’), in 1947, the couple settled in Ala- on the Internet, in conflict with internationally meda where they raised six daughters. During recognized human rights laws and standards. HON. SAM GRAVES his early career working as a manager at Ala- The Internet, in many countries, has been OF MISSOURI meda’s Del Monte plant and, later, over the transformed from a freedom plaza to big IN THE HOUSE OF REPRESENTATIVES course of a long career as a banking execu- brother’s best friend. The technologies to tive, Terry LaCroix became deeply involved track, monitor, block, filter, trace, remove, at- Wednesday, April 24, 2013 with civic life. tack, hack, and remotely take over internet ac- Mr. GRAVES of Missouri. Mr. Speaker, I As an Alameda City Councilmember from tivity, content and users has exploded. Many proudly pause to recognize Grant Donovan 1963 to 1969, Terry gained the trust and re- of these technologies are made in the U.S.A. Edward Douglas. Donovan is a very special spect of colleagues and community members Many of them have important and legitimate young man who has exemplified the finest alike. And, in 1969, he became Alameda’s first law-enforcement applications. But, sadly, qualities of citizenship and leadership by tak- elected mayor, serving the City dutifully until many of them are also being exported, every ing an active part in the Boy Scouts of Amer- 1975. As Mayor, he proudly defeated a 1972 day, to some of the most unsavory govern- ica, Troop 81, and earning the most pres- proposal called ‘‘Southern Crossing,’’ which ments in the world—whose use of them is far tigious award of Eagle Scout. would have built a bridge linking the idyllic is- from legitimate. Every day we learn about Donovan has been very active with his land community to San Francisco. In another more activists being arrested through the use troop, participating in many scout activities. bid to preserve Alameda’s traditional infra- of newly-developed technologies—much of it Over the many years Donovan has been in- structure, Mayor LaCroix limited building con- American technology—in China, Belarus, volved with scouting, he has not only earned struction and housing density to combat over- Egypt, Syria and many other countries around numerous merit badges, but also the respect development. the world. The stakes are life and death for of his family, peers, and community. Most no- On February 7, 1973, Mayor LaCroix was online democracy activists, and they deserve tably, Donovan has contributed to his commu- faced with public tragedy when a U.S. Navy our support and protection. nity through his Eagle Scout project. Donovan aircraft accidentally collided with an Alameda We only have to look around the globe at painted and remodeled the foyer of the Macon apartment building, killing the pilot and 10 by- Belarus, Iran, China, and Vietnam to see hor- Presbyterian Church in Macon, Missouri. standers and causing a fire that damaged the rific examples of the internet gone wrong. I Mr. Speaker, I proudly ask you to join me in area. His leadership in guiding first responders have introduced the Global Online Freedom commending Grant Donovan Edward Douglas and community assistance, as well as easing Act of 2013 (G0FA), H.R. 491, that addresses for his accomplishments with the Boy Scouts relations between local residents and the this fundamental threat to the democracy ac- of America and for his efforts put forth in naval air station, helped pave way for the tivists abroad. achieving the highest distinction of Eagle process of healing. GOFA requires the State Department to Scout. Among his many other distinctions and com- beef up its reporting on Internet freedom in the f munity associations, Terry LaCroix served as annual Country Report on Human Rights Chairman of Alameda County Criminal Justice Practices, and to identify by name Internet-re- MADAHI CABRERA-MARQUEZ Planning Bard, President of the Mayor’s and stricting countries. This country designation Councilmen’s League of California Cities, will be useful not only in a diplomatic context HON. ED PERLMUTTER President of Kiwanis Club, Chairman of Ala- in helping to advance Internet freedom OF COLORADO meda Park and Recreation Department, and through naming and shaming countries, but IN THE HOUSE OF REPRESENTATIVES on the Board of Directors of Providence Hos- will also provide U.S. technology companies Wednesday, April 24, 2013 pital (now Summit Medical Center in Oakland). with the information they need in deciding how Together, he and his wife enjoyed sailing, to engage in repressive foreign countries. Mr. PERLMUTTER. Mr. Speaker, I rise traveling, and volunteering—providing their And GOFA addresses what Google’s Eric today to recognize and applaud Madahi services at Redding, California’s Mercy Med- Schmidt calls the ‘‘dark side’’ of the digital rev- Cabrera-Marquez for receiving the Arvada

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.011 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 24, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E531 Wheat Ridge Service Ambassadors for Youth DOMINICAN MEDICAL ASSOCIA- ceived this award because her determination award. Madahi Cabrera-Marquez is a 9th TION SIXTEEN YEAR ANNIVER- and hard work have allowed her to overcome grader at Jefferson High School and received SARY adversities. this award because her determination and The dedication demonstrated by Linh Hoang hard work have allowed her to overcome ad- HON. CHARLES B. RANGEL is exemplary of the type of achievement that versities. OF NEW YORK can be attained with hard work and persever- The dedication demonstrated by Madahi ance. It is essential students at all levels strive IN THE HOUSE OF REPRESENTATIVES Cabrera-Marquez is exemplary of the type of to make the most of their education and de- achievement that can be attained with hard Wednesday, April 24, 2013 velop a work ethic which will guide them for work and perseverance. It is essential stu- Mr. RANGEL. Mr. Speaker, today I stand to the rest of their lives. dents at all levels strive to make the most of recognize the 16th anniversary of The Domini- I extend my deepest congratulations to Linh their education and develop a work ethic can Medical Association. An organization dedi- Hoang for winning the Arvada Wheat Ridge which will guide them for the rest of their lives. cated to providing information on disease pre- Service Ambassadors for Youth award. I have I extend my deepest congratulations to vention, education, and counseling to New no doubt she will exhibit the same dedication Madahi Cabrera-Marquez for winning the Ar- York City Communities. and character in all of her future vada Wheat Ridge Service Ambassadors for The Dominican Medical Association or DMA accomplishments. Youth award. I have no doubt she will exhibit was founded on April 26, 1997, by a group of the same dedication and character in all of her physicians from the Dominican Republic. Their f future accomplishments. mission has been to educate communities on NEOSHO HIGH SCHOOL WRES- f health issues and to assist newly arrived phy- sicians from abroad in obtaining jobs in their TLING—MISSOURI CLASS 3 COMMEMORATION OF THE respected fields, providing them with the tools STATE CHAMPIONS ARMENIAN GENOCIDE needed to pass the medical boards, and inte- grating them into the local medical community. HON. BILLY LONG Last year was one of multiple accomplish- HON. NITA M. LOWEY OF MISSOURI OF NEW YORK ments for the Dominican Medical Association. In line with its mission a total of 1119 people IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES were served through health fairs, medical con- Wednesday, April 24, 2013 Wednesday, April 24, 2013 ferences, forums, symposiums, and trainings. Mr. LONG. Mr. Speaker, I rise today to con- Mrs. LOWEY. Mr. Speaker, I rise today to The vast majority served through the DMA are gratulate the Neosho High School wrestling commemorate the 98th anniversary of the Ar- Hispanics living throughout all of New York’s team for winning the Missouri Class 3 State menian Genocide. This yearly commemoration Boroughs. Championship. is a testament to the lives and legacy of the Information and knowledge on health is 1.5 million Armenians who lost their lives, and vital. My beloved village of Harlem and many Their win is the third state wrestling title in is emblematic of our commitment to keeping areas of my district are predominately inhab- four years, which is a remarkable feat. They the Armenian nation and culture alive. ited by minorities who have been affected by showed grit and determination throughout the season, and they came from behind to win the Today, as we revisit this dark period in many health concerns that are the direct result title once again. Members of the team include: world history, we must be mindful of the les- of lack of knowledge on preventative care. Kyler Rea, John Williams, River Buttram, Da- sons learned from this tragedy. We have wit- Obesity is just an example of one of the dis- kota McGarrah, Nate Rodriguez, Jason Box, nessed that blind hatred and senseless preju- eases that has plagued our communities but it Kyle Hostetter, Sam Williams, Chance dice tear at the very fabric of our society, even is an epidemic that can be stopped and the Branstetter, Jacob Brock, Ben Elledge, Chris- today. The victims of the Armenian Genocide, DMA works tirelessly and has worked for quite tian Lopez, Aaron Clardy; and managers Emily the Holocaust, ethnic cleansings in Kosovo, some time to be a part of this movement to Massey, Raegan Kibler, Madyson Reiboldt, Rwanda, and Sudan, and acts of vicious ter- get our communities on a healthy track. The and Macy Smith. rorism remind us of the human cost of hate. DMA’s outreach programs help to enlighten We must do everything in our power to pre- our communities, helping them to make better I want to recognize Christian Lopez for win- vent these kinds of senseless tragedies from health conscious decisions about the way they ning the individual title in his weight class. happening again. live. With the team championship on the line, it We remember the past and pledge our sup- As the representative to the largest Domini- was his win that gave his team the points they port for ensuring a positive and secure future can population in the country it gives me great needed for victory. It was a commanding per- for the Armenian nation and its people. Arme- pride to see a thriving organization not only formance under pressure. nians now live all around the world, including rooted in that heritage but one that works to I also want to congratulate senior Nate many in my District and throughout the United provide information for a predominantly His- Rodriguez for winning the individual title in his States. As the Ranking Member of the House panic demographic. The youths of my district weight class. The four-time Academic All-State State and Foreign Operations Appropriations and those all over New York have a brighter student finished his high school career with Subcommittee, I support our yearly package of future because of organizations like the DMA three state championships and a final record assistance to Armenia, including funds avail- and their mission to spread knowledge and of 210–13, which places Nate as Missouri’s able for activities that further a peaceful reso- awareness. all-time career record holder, which is an ex- lution to the conflict in Nagorno-Karabakh. I Mr. Speaker, I ask you and my colleagues traordinary accomplishment. have also cosponsored legislation calling on to join me in honoring this remarkable organi- The coaching staff, which includes Head the President to ensure that the foreign policy zation and all of the good that they do. Coach Jeremy Phillips, Assistant Coaches of the United States reflects appropriate un- f Cody Crocker, Josh Sonis, Brett Watkins, and derstanding and sensitivity concerning issues Tyler Gordon, Volunteer Assistant Brandon related to human rights violations and the eth- LINH HOANG Russow, and Trainer James Bolin, has devel- nic cleansing during the Armenian Genocide. oped a powerhouse wrestling program, and Finally, as an active member of the Armenian HON. ED PERLMUTTER they should be commended on an amazing Caucus, it is my pleasure to continue working OF COLORADO accomplishment and a job well done. on behalf of the U.S.-Armenia relationship in IN THE HOUSE OF REPRESENTATIVES The team, with the help of its coaches and Congress. the support of their families and community, In honoring the memory of the victims of the Wednesday, April 24, 2013 persevered through the turmoil of the season Armenian Genocide, we must commit to build- Mr. PERLMUTTER. Mr. Speaker, I rise and the trials of the state championships. To- ing a strong, prosperous, and stable Armenia. today to recognize and applaud Linh Hoang gether, they grew as individuals and as a I am proud to be a partner in this effort and for receiving the Arvada Wheat Ridge Service team, and their successes show what can be thank my colleagues who have also pledged Ambassadors for Youth award. Linh Hoang is achieved through hard work, dedication, and their support. a 12th grader at Arvada High School and re- belief.

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K24AP8.020 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS E532 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2013 HONORING JONATHAN P. reform. It is rare to find a person who not only HSS nurses have been widely recognized WEMHOFF understands these complicated issues, but for their excellence and caring. In 2012, Hos- can also simplify their importance for the aver- pital for Special Surgery became the first hos- HON. SAM GRAVES age person. He is an intellectual with a soul. pital in New York State to earn Magnet Rec- We were lucky to find Miguel, who treats OF MISSOURI ognition by the American Nurses Credentialing every one of my constituents with dignity, re- IN THE HOUSE OF REPRESENTATIVES Center—the nation’s highest honor for nursing spect, and welcomes them with true southern excellence for the third consecutive time. Wednesday, April 24, 2013 hospitality. An Atlanta native with Caribbean In addition to outstanding clinical care, HSS Mr. GRAVES of Missouri. Mr. Speaker, I roots in Puerto Rico, Miguel graduated from conducts research that directly improves the proudly pause to recognize Jonathan P. Emory University and American University’s lives of people with arthritis, mobility disorders, Wemhoff. Jonathan is a very special young Washington College of Law. Before joining my severe injuries, and autoimmune diseases. For man who has exemplified the finest qualities office, he practiced tax, employee benefit, and example, in the 1970s a team of HSS sur- of citizenship and leadership by taking an ac- commercial transaction at Paley Rothman Law geons and engineers pioneered the first mod- tive part in the Boy Scouts of America, Troop Firm. ern total knee implant, called the total condylar 180, and earning the most prestigious award Together, we have worked on countless knee, which led the way for millions of people of Eagle Scout. successes—like a tax relief bill for workers af- with advanced knee arthritis to live active lives Jonathan has been very active with his fected by airline bankruptcies, improvements with limited pain. More recently, the modular troop, participating in many scout activities. and extensions of the homebuyer tax credit, shoulder replacement and other significant Over the many years Jonathan has been in- fighting for small businesses and low-income HSS implant designs improved the lives of so volved with scouting, he has not only earned individuals in the tax code. Simply said, Mr. many more. HSS scientists continue to make numerous merit badges, but also the respect Speaker, Miguel is one of the best congres- breakthrough discoveries about the causes of of his family, peers, and community. Most no- sional staffers with whom I have ever had the autoimmune diseases, providing exciting new tably, Jonathan has contributed to his commu- privilege and honor of working. opportunities for drug therapies. Although Miguel is leaving my office to be- nity through his Eagle Scout project. Building on a rich legacy of pioneering come the Director of Government Relations Mr. Speaker, I proudly ask you to join me in achievement in the fields of orthopedics and and Tax Counsel for the Information Tech- commending Jonathan P. Wemhoff for his ac- rheumatology, HSS will meet the future with nology Industry Council (ITI), he will always complishments with the Boy Scouts of Amer- the same unwavering commitment to fulfill its remain a part of the John Lewis family. I wish mission in patient care, research, and edu- ica and for his efforts put forth in achieving the him continued success and happiness in his cation it has exhibited in the last 150 years. highest distinction of Eagle Scout. future endeavors. f HSS is dedicated to finding new solutions to f improve the lives of patients by striving for the LABEAT ALIJA HONORING THE 150TH ANNIVER- highest levels of quality, making discoveries in SARY OF HOSPITAL FOR SPE- the laboratory, pursuing innovative tech- HON. ED PERLMUTTER CIAL SURGERY nologies, and training physicians who will influ- OF COLORADO ence and lead the fields of orthopedics and IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN B. MALONEY rheumatology around the world. Wednesday, April 24, 2013 OF NEW YORK Hospital for Special Surgery’s unique culture IN THE HOUSE OF REPRESENTATIVES of excellence and dedication to patients con- Mr. PERLMUTTER. Mr. Speaker, I rise Wednesday, April 24, 2013 tinues to be its strength, and will ensure its today to recognize and applaud Labeat Alija success in the future. I congratulate the hos- for receiving the Arvada Wheat Ridge Service Mrs. CAROLYN B. MALONEY of New York. pital on this important anniversary and invite Ambassadors for Youth award. Labeat Alija is Mr. Speaker, it gives me great pleasure to rec- Members to join me in extending appreciation a 12th grader at Pomona High School and re- ognize the 150th anniversary of Hospital for for its past, present, and future accomplish- ceived this award because his determination Special Surgery (HSS), which will be cele- ments. and hard work have allowed him to overcome brated on May 1, 2013. The hospital, which is adversities. located in my district on the Upper East Side f The dedication demonstrated by Labeat of Manhattan, was established in 1863 as a Alija is exemplary of the type of achievement 28-bed hospital for children with severe dis- HONORING JOHN PATRICK RYAN that can be attained with hard work and perse- abilities and has grown to become an inter- DWIGGINS verance. It is essential students at all levels national leader in orthopedics and strive to make the most of their education and rheumatology for children and adults. It has HON. SAM GRAVES develop a work ethic which will guide them for been ranked #1 in the country for orthopedics OF MISSOURI the rest of their lives. for three consecutive years by U.S. News & IN THE HOUSE OF REPRESENTATIVES World Report and has been among the top I extend my deepest congratulations to Wednesday, April 24, 2013 Labeat Alija for winning the Arvada Wheat ranked hospitals in orthopedics and Ridge Service Ambassadors for Youth award. rheumatology for 22 consecutive years. Mr. GRAVES of Missouri. Mr. Speaker, I I have no doubt he will exhibit the same dedi- Through its long and successful history, HSS proudly pause to recognize John Patrick Ryan cation and character in all of his future has always maintained its specialized focus on Dwiggins. Jack is a very special young man accomplishments. improving patients’ quality of life and getting who has exemplified the finest qualities of citi- f them back to work and leisure. Today, the zenship and leadership by taking an active skilled medical staff at HSS perform some part in the Boy Scouts of America, Troop 81, HONORING MIGUEL MARTINEZ 27,000 surgeries each year, helping patients and earning the most prestigious award of from across the United States and around the Eagle Scout. HON. JOHN LEWIS world maintain active lives. Jack has been very active with his troop, OF GEORGIA Demand for the hospital’s services has al- participating in many scout activities. Over the IN THE HOUSE OF REPRESENTATIVES most doubled in the past six years, and I am many years Jack has been involved with confident that this trend will accelerate as peo- scouting, he has not only earned numerous Wednesday, April 24, 2013 ple of all ages live more actively than ever be- merit badges, but also the respect of his fam- Mr. LEWIS. Mr. Speaker, I rise to recognize fore. People travel far and wide for the unsur- ily, peers, and community. Most notably, Jack the hard work and contributions of Miguel Mar- passed level of care provided by the hos- has contributed to his community through his tinez, a valued member of my staff. pital—in 2012, patients came from every state Eagle Scout project. Jack created and in- For the past four years, Miguel has served and 90 countries. HSS physicians are the offi- stalled glow-in-the-dark pull chains for the call as my tax and benefits counsel; he is my key cial team doctors for the New York Giants, lights at a local nursing home. staff person for Ways and Means Committee New York Mets, New York Knicks, Brooklyn Mr. Speaker, I proudly ask you to join me in tax, retirement, and pension policy. In addition Nets, New York Liberty, and New York Red commending John Patrick Ryan Dwiggins for to handling financial services and small busi- Bulls. Despite these high-profile relationships, his accomplishments with the Boy Scouts of ness issues, Miguel is a passionate advocate everyday athletes and non-athletes are treated America and for his efforts put forth in achiev- and advisor on LGBT issues and immigration the same as elite athletes at the hospital. ing the highest distinction of Eagle Scout.

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K24AP8.008 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 24, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E533 MARIA HERNANDEZ James Edward Sheffield—husband, father, A member of the Ebenezer Baptist Church, he trailblazer, airman, judge, lawyer, law pro- was chairman of the church’s Board of Trust- HON. ED PERLMUTTER fessor, community leader, humanitarian and ees and Chairman of its Building Council. He OF COLORADO friend. Judge Sheffield left this world on March was also on the Board of Directors of IN THE HOUSE OF REPRESENTATIVES 28, 2013, at age 80. He is survived by his wife Chippenham Hospital and Children’s Hospital Wednesday, April 24, 2013 of 56 years, Patricia Allen Sheffield, two in Richmond, was a 32nd degree Mason, a daughters, Joi Elisa Sheffield and Shari Leta member of the Downtown Club of Richmond, Mr. PERLMUTTER. Mr. Speaker, I rise Sheffield, both lawyers, and a host of family the Focus Club, The Guardsmen, Kappa today to recognize and applaud Maria Her- members and friends. Alpha Psi Fraternity, the N.A.A.C.P., the Rich- nandez for receiving the Arvada Wheat Ridge Born during the Great Depression in Hot mond First Club, the Richmond Urban League, Service Ambassadors for Youth award. Maria Springs, Ark., he was one of nine children of the Richmond Urban Forum and was the Hernandez is a 12th grader at Jefferson High a railroad Pullman porter’s family. He worked 1982–83 Regional Sire Archon of the South- School and received this award because her his way through junior college and three other east Region of Sigma Pi Phi Fraternity (Alpha determination and hard work have allowed her college-level schools, including the University Beta Boule). He was also a member of the to overcome adversities. of Illinois, where he earned a bachelor’s de- Board of Visitors of Virginia Commonwealth The dedication demonstrated by Maria Her- gree in political science in 1955. He served University and a member of the Board of nandez is exemplary of the type of achieve- 31⁄2 years in the Air Force and was honorably Trustees for St. Paul’s College. ment that can be attained with hard work and discharged in 1959. perseverance. It is essential students at all Judge Sheffield was the recipient of numer- He was a district executive with the Fred- ous honors and awards, some of which in- levels strive to make the most of their edu- erick Douglass District of the Robert E. Lee cation and develop a work ethic which will clude: the Citizenship Award, Astoria Bene- Council, Boy Scouts of America, in Richmond ficial Club, 1974; Citizenship and Service guide them for the rest of their lives. from 1959 to 1963, responsible for providing I extend my deepest congratulations to Award, King Solomon Lodge No. 27, Free and the Scouting program to the African-American Maria Hernandez for winning the Arvada Accepted Masons, 1974; Citizen of the Year community. While also an honor law student Wheat Ridge Service Ambassadors for Youth Award, Phi Phi Chapter, Omega Psi Phi Fra- at Howard University, he clerked for the chief award. I have no doubt she will exhibit the ternity, 1975; Model Judiciary Program Partici- counsel of the U.S. Commission. on Civil same dedication and character in all of her fu- pation Award, YMCA, 1977; Citizenship Rights in Washington, D.C. He also clerked for ture accomplishments. Award, Lynchburg Chapter of the N.A.A.C.P., Spottswood Robinson, the first African Amer- 1979; John Mercer Langston Outstanding f ican judge on the U.S. Court of Appeals for Alumnus Award for 1980, Howard University COMMEMORATING THE ARMENIAN Washington, D.C., and Dean of the Howard School of Law Student Bar Association; and GENOCIDE Law School. the Kenneth David Kaunda Award for Human- In 1963, Judge Sheffield earned a law de- ism, at the United Nations, from Zambia, HON. DEVIN NUNES gree from the Howard University Law School. 1981. At the request of the Nigerian govern- OF CALIFORNIA From 1963 to 1965, he worked in U.S. Attor- ment, Judge Sheffield delivered a paper to Ni- IN THE HOUSE OF REPRESENTATIVES ney General Robert F. Kennedy’s Honor Pro- gerian judges comparing that nation’s constitu- gram at the U.S. Department of Justice, Court Wednesday, April 24, 2013 tion to that of the U.S., and was a member of of Claims Section, in Washington, D.D. rep- a delegation of constitutional experts and ju- Mr. NUNES. Mr. Speaker, I rise today to resenting the federal government in litigation rists invited to help Nigeria transition from mili- commemorate the Armenian Genocide, one of brought against it. Following his tenure there, tary rule to the rule of law under a constitution. the bloodiest, most tragic occurrences of the he returned to Richmond and set up a law Judge Sheffield will be missed, not only by twentieth century. practice. And from September 1964 to late family and friends, but also by the many peo- In 1915, the Ottoman Empire began imple- 1966, he was a full-time law professor at the menting a program to systematically extermi- ple who benefitted from his legal expertise on Howard University Law School. Thereafter, he the bench, in the private practice of law, as a nate its Armenian population. Committing returned to Richmond to resume the practice crimes so vast that they nearly defy belief, the law professor, and by his good works in the of law. Richmond community and beyond. In accom- Ottomans resorted to death marches, human In 1974, he became the first African-Amer- burnings, mass starvation, extermination plishments as well as contributions, he was a ican Judge in Virginia. He was appointed by giant among us. camps, and other outrages that still shock the then Governor Mills E. Godwin, Jr., to the human conscience. More than a million people Richmond Circuit Court to fill an un-expired f were slaughtered in the carnage. term created by an appointment from that It is hard to image anyone today visiting Ar- court to the Virginia Supreme Court. He was HONORING SKYLER EVAN THOMAS menia’s Tzidzemagapert, the genocide monu- subsequently elected by the Virginia General ment and memorial, without being shaken by Assembly to a full-term on the Circuit Court the experience, as I was. The site is a perma- and was later elected Chief Judge of the Court HON. SAM GRAVES nent reminder of the horrifying depravity man- by his 7 peers. OF MISSOURI kind is capable of when unshackled from any Judge Sheffield was a member of the Vir- IN THE HOUSE OF REPRESENTATIVES notion of mercy or compassion. ginia State Bar and the District of Columbia Wednesday, April 24, 2013 That the Armenian people could recover Bar, and served as President of the Old Do- from such a tragedy, and recover from the en- minion Bar Association. He also served as an Mr. GRAVES of Missouri. Mr. Speaker, I suing decades of Soviet rule, to establish an assistant professor of law at the University of proudly pause to recognize Skyler Evan independent state in which they control their Richmond’s T.C. Williams School of Law and Thomas. Skyler is a very special young man own destiny, is a tribute to the amazing resil- as lecturer at the University of Virginia School who has exemplified the finest qualities of citi- iency and love of freedom harbored by the Ar- of Law. zenship and leadership by taking an active menian nation. In 1980, President jimmy Carter nominated part in the Boy Scouts of America, Troop 81, On this anniversary of the beginning of the him for a federal judgeship for the U.S. District and earning the most prestigious award of Genocide, let us remember and honor the vic- Court for the Eastern District of Virginia. How- Eagle Scout. tims of this terrible crime. ever, due to the strength of racism still affect- Skyler has been very active with his troop, f ing our Senate representatives at that time, he participating in many scout activities. Over the IN MEMORY OF THE HONORABLE was not confirmed. many years Skyler has been involved with JAMES EDWARD SHEFFIELD In 1984, judge Sheffield resigned from the scouting, he has not only earned numerous Circuit Court to return to the practice of law. merit badges, but also the respect of his fam- HON. ROBERT C. ‘‘BOBBY’’ SCOTT Shortly thereafter, he became a partner in the ily, peers, and community. Most notably, law firm of Little, Parsley & Myelitis, PC, in Skyler has contributed to his community OF VIRGINIA Richmond, and in later years returned to solo through his Eagle Scout project. Skyler did IN THE HOUSE OF REPRESENTATIVES practice in the Jackson Ward section of Rich- painting and remodeling work at Macon Diver- Wednesday, April 24, 2013 mond. sified Industries, the home of the local shel- Mr. SCOTT of Virginia. Mr. Speaker, I rise Judge Sheffield was very active in civic af- tered workshop for those with developmental today to honor and remember the Honorable fairs in the Richmond community and beyond. disabilities, in Macon, Missouri.

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K24AP8.023 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS E534 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2013 Mr. Speaker, I proudly ask you to join me in are with their family members. In the mean- without misunderstandings or hidden agen- commending Skyler Evan Thomas for his ac- time, I also strongly condemn the violence das, so as to build mutual trust and achieve complishments with the Boy Scouts of Amer- on behalf of the government of the Republic mutual benefit for the people on either side of China (Taiwan). Let’s start. of the Taiwan Strait. ica and for his efforts put forth in achieving the It is a great pleasure to address my friends ‘‘Beating swords into ploughshares’’ re- highest distinction of Eagle Scout. at Stanford University this evening. Stan- quires pragmatism and the wisdom to re- f ford University has long been a distinguished main focused on what can be accomplished in center of learning. Under the guidance of spite of past differences. So we then called WILL ROARK SENECA HIGH Professor Diamond, the Center on Democ- for ‘‘mutual non-recognition of sovereignty, SCHOOL WRESTLING racy, Development, and the Rule of Law, mutual non-denial of governing authority’’ through the Journal of Democracy, has made allowing both sides to pursue substantive ex- incomparable contributions to the study of changes without being derailed by disagree- HON. BILLY LONG democracy. Since Taiwan represents a shin- ments over sovereignty issues. OF MISSOURI ing example of how democracy can take root We also spelled out clearly to the other IN THE HOUSE OF REPRESENTATIVES in the Chinese-speaking world, it is only fit- side, as well as to the Taiwan public, how we intended to proceed with the cross-strait dia- Wednesday, April 24, 2013 ting to join you today for this video- conference. logue. The priority of issues for the two sides to address would be ‘‘pressing matters before Mr. LONG. Mr. Speaker, I rise today to rec- II. CHANGES IN EAST ASIA less pressing ones, easy matters before dif- ognize Will Roark for winning the Missouri Since I took office as President of the Re- Class 1 State wrestling championship in the ficult ones, and economic matters before po- public of China in 2008, the geopolitical situ- litical ones’’. My administration firmly be- 120 pound division. ation in East Asia has undergone tremen- lieved in setting a clear agenda from the The win capped off a commanding season dous change. Five years ago, there were two start, to prevent the cross-strait dialogue for Will, a sophomore who went 54–1 this sea- flash points: the Korean Peninsula and the being bogged down by intractable issues son. His record after two seasons stands at Taiwan Strait. Today, the Korean Peninsula when we could see that agreement might be 109–4, a truly impressive record. Will reached is at an unprecedented level of tension: found on many others. The goal is to build North Korea has conducted a third nuclear this level of success through hard work and mutual trust which is fundamental for long- test explosion, and in the aftermath of the term progress in developing a peaceful cross- dedication. In his off-season and regular sea- resulting UN sanctions continues its saber son matches, he would often choose to wres- strait relationship. I firmly believe that this rattling, even claiming that it has abrogated ‘‘building-blocks’’ approach is the only way tle opponents in higher weight categories, ac- the 1953 Armistice Agreement that ended Ko- to achieve lasting peace in the Taiwan cepting the challenge as a way to improve. rean War fighting 60 years ago. In contrast, Strait. Will was also voted District 2 Class 1 Wres- tensions in the Taiwan Strait have been The result of this is 18 agreements con- tler of the Year. greatly reduced, and relations between Tai- cluded between Taiwan and mainland China Will’s hard work also extends to the class- wan and mainland China continue to ad- over the past five years, covering such issues room, and the results show: he is a two-time vance toward peace and prosperity. as direct flights, tourism, economic coopera- This does not necessarily mean, however, tion, intellectual property rights, nuclear Academic All-State scholar. that only one potential source of instability safety, and mutual judicial assistance. Let This win is a vindication of his efforts. His remains in East Asia. Geopolitical competi- me just give you an example of how things work to improve on the mat and in the class- tion in both the East China Sea and the stand now. Five years ago, there were no room is truly commendable, and I urge my col- South China Sea is growing more intense scheduled flights between Taiwan and the leagues in congratulating Will on his cham- even as the drive toward regional economic mainland. Now there are 616 scheduled pionship win. integration continues. In addition, three of flights per week. Five years ago, 274,000 the major players in East Asia—mainland mainland people visited Taiwan. In 2012, f China, South Korea and Japan—have there were 2.5 million people. When the STEERING THROUGH A SEA OF changed leadership in the last eight months, SARS epidemic first broke out in 2003, main- CHANGE while here in Taiwan, I was elected to a sec- land China completely ignored Taiwan’s ond term of office early last year. needs and concerns. But when the H7N9 Thus, amidst the uncertainty resulting avian flu struck recently, public health ex- HON. ANNA G. ESHOO from such changes, the Republic of China on perts from both sides began working to- OF CALIFORNIA Taiwan remains firmly committed to fos- gether to check its spread. tering peace and stability, and is a strong Over the next three years, the two sides IN THE HOUSE OF REPRESENTATIVES proponent of the liberal values cherished by are expected to complete negotiations on Wednesday, April 24, 2013 democracies worldwide. It is against this trade in services and trade in goods under backdrop that I would like to discuss how the 2010 Economic Cooperation Framework Ms. ESHOO. Mr. Speaker, on April 16, 2013 my administration has steered Taiwan Agreement (ECFA). Both sides will also Taiwan’s President Ma Ying-jeou took part in through this sea of change. greatly expand the level of educational and a video conference with the Center on Democ- III. HOW CROSS-STRAIT RAPPROCHEMENT WAS cultural exchanges. For example, the number racy, Development, and the Rule of Law at ACHIEVED of students from mainland China studying in Stanford University in my Congressional Dis- I decided to seek rapprochement with Taiwan, which currently is 17,000 a year, is trict. The event was chaired by former U.S. mainland China long before I took office in expected to rise, and there will be more Secretary of State Condoleezza Rice, and fea- 2008. To ensure peace in the Taiwan Strait cross-strait cultural cooperation. Each side tured a panel including the Center’s Director after some sixty tumultuous years, my ad- also intends to set up offices in major cities on the other side to take better care of the Dr. Larry Diamond, Dr. Francis Fukuyama, ministration had to meet both the chal- lenges of establishing mutual trust between 7 million people and over 160 billion US dol- and retired Admiral Gary Roughead. After lars’ worth of goods and services that moved opening greetings by Secretary Rice, Presi- the two sides of the Taiwan Strait and of re- building Taiwan’s strength so that peace across the Taiwan Strait last year alone. As dent Ma delivered an address entitled ‘‘Steer- could be guaranteed. a result, cross-strait relations are now the ing through a Sea of Change’’ which follows. From the start, the ‘‘1992 Consensus’’ was a most stable and peaceful that they have been Steering through a Sea of Change— critical anchoring point for Taiwan and in over 60 years. Speech by President Ma Ying-jeou, Re- mainland China to find common ground on IV. TAIWAN’S ENHANCED INTERNATIONAL public of China (Taiwan), Video Con- the otherwise intractable issue of ‘‘one PRESENCE ference With Center on Democracy, De- China.’’ The consensus, reached between the As cross-strait relations continue to de- velopment, and the Rule of Law, Stan- two sides in 1992, established a common un- velop peacefully, Taiwan is gaining an en- ford University—April 16, 2013 derstanding of ‘‘one China with respective hanced international presence. The clear pa- interpretations’’. With this understanding as rameters articulated by my administration I. OPENING REMARKS the foundation, my administration designed as we began resumption of the cross-strait Professor (Condoleezza) Rice, Professor a number of modus operandi that broadly de- dialogue counter any mistaken attempt to (Larry) Diamond, Professor (Francis) fined how Taiwan would pursue peace and link Taiwan’s greater international partici- Fukuyama, Admiral (Gary) Roughead, dis- prosperity with mainland China. These in- pation to an agenda of ‘‘two Chinas,’’ ‘‘one tinguished guests, faculty members and stu- cluded iteration of the ‘‘Three No’s’’—‘‘No China, one Taiwan,’’ or ‘‘Taiwan Independ- dents of Stanford University, ladies and gen- Unification, No Independence, and No Use of ence.’’ Taiwan today strives to conduct itself tlemen: Good evening! Force’’—under the framework of the Repub- as a responsible stakeholder, that is, as a It’s your evening now, but it’s our morning lic of China Constitution. This formulation, facilitator of peace, a provider of humani- here in Taipei. Before I start, I want to pay grounded de jure in the 1947 Constitution of tarian aid, a promoter of cultural exchanges, my deep condolences to the victims of the the Republic of China, sets clear parameters a creator of new technology and business op- explosion that happened at the Boston Mara- for how both parties can work to move the portunity, and the standard bearer of Chi- thon on Monday. My prayers and thoughts relationship forward in a positive direction nese culture.

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\K24AP8.010 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 24, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E535 The international community has seen re- Taiwan. The ICT (information and commu- tion of the Republic of China legally rules cently how Taiwan deports itself as a respon- nication technology) industries are Taiwan’s out any possibility of a reckless change in sible stakeholder and facilitator of peace. most important export sector and they are the status quo. Last August, my administration proposed an the largest recipient of U.S. investment. We Taiwan has so much in common with the East China Sea Peace Initiative urging that definitely want to deepen our economic ties United States, from our love of democracy, negotiation take precedence over confronta- with the United States. After successfully to respect for human rights and the rule of tion regarding the sovereignty dispute over resolving the beef import issue last year, the law, to support for free trade, and even to an the Diaoyutai Islets. The following Novem- Republic of China resumed trade negotia- intense passion for basketball and baseball! ber, Taipei and Tokyo began negotiations on tions with the U.S. under the 1994 Taiwan-US We are also crazy about Jeremy Lin and an East China Sea fishery agreement. Six- Trade and Investment Framework Agree- Chien-Ming Wang. Taiwan cherishes its long- teen rounds of such talks had been held since ment (TIFA). Obviously, Taiwan needs to ac- standing friendship with the United States 1996 but no agreement was ever reached. This celerate its pace of trade liberalization. For and will always cherish the values and cul- time, both sides decided to jointly conserve the good of its economic prosperity and na- ture that the Chinese people have developed and manage fishery resources in the Agree- tional security, Taiwan cannot afford to be over five thousand years. Preserving the Re- ment Area of the East China Sea without left out of the Trans-Pacific Partnership public of China has immense importance changing their respective territorial and (TPP) and the Regional Comprehensive Eco- that goes far beyond the borders of Taiwan. maritime claims regarding the Diaoyutai Is- nomic Partnership (RCEP). For the first time in Chinese history, we in lets. A fishery agreement was thus signed six Culturally, American values and its high Taiwan have proved that democracy can days ago which safeguards the security of academic standards have attracted Chinese thrive in a Chinese society. It presents a fishing boats from both sides in the Agree- students since Yung Wing became the first shining ray of hope to the 1.3 billion Chinese ment Area, which is twice the size of Tai- Chinese student to study in the U.S. back in people on the mainland. I know how much wan. This agreement marks a historic mile- 1847. Generations of Chinese students who this means to the government and people of stone in the development of Taiwan-Japan studied in the United States have brought the United States, just as it does to my ad- relations, and sets a good example of how the American values back to their homeland, ministration and the people of Taiwan. concerned parties can find ways to settle making tremendous contributions to China’s Ladies and gentlemen, my administration their dispute and preserve peace and sta- modernization, including the 1911 revolution. will steer this democracy through the sea of bility in the region at the same time. Today, the United States still remains the change in East Asia. We will endeavor to Our efforts over the past five years to en- most sought-after academic destination for strengthen peace and prosperity in the Tai- hance Taiwan’s participation in the inter- Taiwan students. wan Strait; and, in the meantime, we will national community have also resulted in Taiwan is grateful to the United States for strive for an enhanced international pres- concrete progress. The Republic of China has letting Taiwan join the Visa Waiver Program ence for Taiwan that allows it to play its kept intact its diplomatic relations with its beginning in November last year. The Repub- role as a responsible stakeholder in the 23 allies, and has enhanced its substantive lic of China is the 37th nation in the world to international community. I feel nothing but relations with other countries. For instance, secure that status, and the only one that confidence about the future of the Republic we signed an investment agreement with does not have formal diplomatic relations of China! Japan in 2011, and are working to sign eco- with the United States. The more than Thank you. nomic cooperation agreements with Singa- 400,000 Taiwan visitors to the U.S. each year f pore and New Zealand, respectively, in the not only take in American culture and nat- near future. Meanwhile, our health minister ural scenery, they also shop very seriously in HONORING AARON JOEL LAUGHLIN has attended the World Health Assembly the United States and thus help reduce the (WHA) of the WHO as an official observer U.S. trade deficit with Taiwan. In a word, re- since 2009, the same year as Taiwan acceded lations between the Republic of China and HON. SAM GRAVES to the Government Procurement Agreement the United States have continued to thrive OF MISSOURI (GPA) of the WTO. For five years in a row, and grow since the end of formal diplomatic IN THE HOUSE OF REPRESENTATIVES former Vice President Lien Chan at my re- ties in 1979. quest has attended as ‘‘leader’s representa- Nevertheless, Taiwan still faces many Wednesday, April 24, 2013 tive’’ at the Leaders’ Meeting of the Asia-Pa- challenges, with only limited resources at its Mr. GRAVES of Missouri. Mr. Speaker, I cific Economic Cooperation (APEC) forum. disposal. In formulating Taiwan’s national proudly pause to recognize Aaron Joel On March 19 this year I led an official delega- security strategy, my administration has Laughlin. Aaron is a very special young man steered Taiwan toward a tripartite national tion to attend the investiture of Pope who has exemplified the finest qualities of citi- Francis, the first time for a Republic of security framework. The first part involves China president to meet with a pope in the institutionalization of the rapprochement zenship and leadership by taking an active last 71 years, ever since the two countries es- with mainland China so that neither side part in the Boy Scouts of America, Troop 81, tablished diplomatic ties in 1942. Taiwan’s would ever contemplate resorting to non- and earning the most prestigious award of enhanced international presence attests to a peaceful means to settle their differences. Eagle Scout. virtuous cycle of improved cross-strait rela- The second part involves making Taiwan a Aaron has been very active with his troop, tions that encourages greater international model world citizen by upholding the prin- participating in many scout activities. Over the support for allowing Taiwan further opportu- ciples of a liberal democracy, championing many years Aaron has been involved with nities to play its role as a responsible stake- free trade and providing foreign aid to the scouting, he has not only earned numerous holder. This in turn further enhances re- international community. The third part in- gional peace and stability, which is in the volves strengthening national defense capa- merit badges, but also the respect of his fam- best interest of the international commu- bility. This national security strategy is for- ily, peers, and community. Most notably, nity. mulated to facilitate peaceful and positive Aaron has contributed to his community V. TAIWAN-U.S. TIES: SECURITY, ECONOMIC, AND development of cross-strait ties while re- through his Eagle Scout project. Aaron orga- CULTURAL maining grounded in a pragmatic realization nized, procured funding for and oversaw the of the challenges we face. In other words, My administration is fully aware that construction of a sidewalk between the Macon Taiwan and the United States share the strength is fundamental to achieving peace. Senior Citizen Housing and the Wal-Mart and same values and interests in preserving re- When I took office five years ago, my admin- C&R Supermarket in Macon, Missouri. gional peace and stability. istration worked promptly to restore high- Mr. Speaker, I proudly ask you to join me in VI. TAIWAN’S ULTIMATE VALUE: A BEACON OF level trust between Taipei and Washington. commending Aaron Joel Laughlin for his ac- DEMOCRACY As former Secretary of State Hillary Clinton complishments with the Boy Scouts of Amer- said in 2011 in Honolulu, Hawaii, Taiwan is States in a security partnership frequently an important security and economic partner fear being entrapped or abandoned by their ica and for his efforts put forth in achieving the of the United States. We deeply appreciate partners. In the past, some in the United highest distinction of Eagle Scout. the relationship we have with the United States have expressed concern that as main- f States, including US arms sales to Taiwan. land China rises, Taiwan might someday en- Only with a sufficient self-defense capability trap the United States in an unnecessary MATIOK MATHIANG can Taiwan confidently engage in a dialogue conflict with mainland China. Others fear with mainland China. The stability engen- that Taiwan is tilting toward mainland HON. ED PERLMUTTER dered by America’s enhanced presence in the China, thus ‘‘abandoning’’ the United States. OF COLORADO Western Pacific will certainly help. Both arguments imply that the United The United States is Taiwan’s third largest States should reduce support for Taiwan. IN THE HOUSE OF REPRESENTATIVES trading partner but remains the most impor- But neither view is warranted. My adminis- Wednesday, April 24, 2013 tant source of our technology. However large tration’s pursuit of rapprochement with a trading partner mainland China is to Tai- mainland China has clearly helped preserve Mr. PERLMUTTER. Mr. Speaker, I rise wan, the United States has always been an and enhance peace in the Taiwan Strait. My today to recognize and applaud Matiok important trade and investment partner to administration’s adherence to the Constitu- Mathiang for receiving the Arvada Wheat

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.023 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS E536 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2013 Ridge Service Ambassadors for Youth award. level Board responsible for the review of 3,000 are not making significant effort to do so. Matiok Mathiang is a 9th grader at Jefferson discharge cases annually. He was appointed Along with the embarrassment of being listed High School and received this award because President of the ADRB in 2008, and in 2010 on Tier III, Tier III countries are open to sanc- his determination and hard work have allowed was as the Director of the Military Review tion by the U.S. government. him to overcome adversities. Boards (MRB). Although he retired in 2011, he Since the TIP Report’s inception, more than The dedication demonstrated by Matiok was recalled to active duty to serve an addi- 120 countries have enacted anti-trafficking Mathiang is exemplary of the type of achieve- tional two years on the MRB. During this time, laws and many countries have taken other ment that can be attained with hard work and he improved the timeliness and accuracy of steps required to significantly raise their tier perseverance. It is essential students at all case reviews, and personally rendered deci- rankings—citing the TIP Report as a key fac- levels strive to make the most of their edu- sions on more than 13,000 applications to the tor in their increased anti-trafficking response. cation and develop a work ethic which will MRB. In the 2003 Trafficking in Persons Reauthor- guide them for the rest of their lives. Colonel Yanger’s exemplary service earned ization Act, I and my colleagues in Congress I extend my deepest congratulations to him numerous awards and military decorations created the Tier II Watch List. This list was in- Matiok Mathiang for winning the Arvada including the Legion of Merit with oak leaf tended to encourage anti-trafficking progress Wheat Ridge Service Ambassadors for Youth cluster, the Joint Meritorious Unit Award, De- in a country that took positive anti-trafficking award. I have no doubt he will exhibit the fense Meritorious Service Medal, Army Meri- steps late in the evaluation year—especially same dedication and character in all of his fu- torious Service Medal with four oak leaf clus- those countries that took last-minute measures ture accomplishments. ters, Army Commendation Medal with two oak to avoid a Tier III designation. We wanted to f leaf clusters, Army Achievement Medal, Hu- reward good faith efforts and encourage them manitarian Service Medal, and Airborne to continue. RECOGNIZING COLONEL EDGAR J. Badge. However, some countries made a habit of YANGER ON THE OCCASION OF On behalf of the people of Guam and a last minute efforts and failed to follow through HIS RETIREMENT FROM THE grateful nation, I commend Colonel Edgar J. year after year, gaming the system. Con- UNITED STATES ARMY Yanger for his many years of dedicated serv- sequently, in 2008, Congress created an ice to our country. He has demonstrated ex- ‘‘automatic downgrade’’ for any country that HON. MADELEINE Z. BORDALLO ceptional meritorious service during his career had been on the Tier II Watch List for two OF GUAM with the United States Army and has proved years but had not taken significant enough IN THE HOUSE OF REPRESENTATIVES himself to be a distinguished leader. I wish the anti-trafficking measures to move to Tier II. Wednesday, April 24, 2013 very best to Colonel Yanger, his wife, Doris, The President can waive a Tier III downgrade and their two adult children, E. Jonathan and for two additional years if there is ‘‘credible Ms. BORDALLO. Mr. Speaker, I rise today Melina. evidence’’ that the country has a written and to recognize Colonel Edgar J. Yanger on the f sufficiently resourced plan to meet the min- occasion of his retirement from the United imum standards. States Army after 32 years of service. TIER RANKINGS AND THE FIGHT The ‘‘automatic downgrade’’ would protect Colonel Yanger was born and raised on AGAINST HUMAN TRAFFICKING the integrity of the tier system and ensure it Guam, the eldest son of Felizardo and Cecilia worked properly to inspire real progress in the Taitano Yanger. He has served our country HON. CHRISTOPHER H. SMITH fight against human trafficking. with distinction since 1981, when he was com- OF NEW JERSEY It has now been four years since the two- missioned as a Second Lieutenant in the U.S. IN THE HOUSE OF REPRESENTATIVES year limit, or four years-with-a-waiver limit, Army Corps of Engineers following his gradua- was instituted. China, Russia, Uzbekistan, Re- Wednesday, April 24, 2013 tion from the University of Hawaii at Manoa. public of Congo, Iraq, and Azerbaijan have He later earned a Master’s of Architecture de- Mr. SMITH of New Jersey. Mr. Speaker, last now had at least four full years of warning that gree from the University of Hawaii, and was week, the Subcommittee on Africa, Global they would face downgrade to Tier III if they assigned to the Los Angeles District, Army Health, Global Human Rights, and Inter- did not make significant efforts to prosecute Corps of Engineers, first as the Deputy Resi- national Organizations held a hearing that ex- traffickers, protect victims, and prevent traf- dent Engineer of Fort Irwin, California, and amined the role of tier rankings in the fight ficking. Now their time on the Tier II Watch then as the Construction Program Manager for against human trafficking. List is up. projects in California, Arizona and Nevada. His Many of those who joined us last week have In last week’s hearing, we took a close look work included the planning and management been in this fight from the beginning—from the at the records of these countries in 2012. If of numerous military and Base Realignment year 2000 when my Trafficking Victims’ Pro- these countries have once again failed to and Closure (BRAC) construction projects. tection Act created not only the Office to Mon- make significant efforts to meet the minimum Colonel Yanger’s exemplary service also in- itor and Combat Trafficking in Persons at the standards, the State Department must down- cludes assignments as the Chief of Operations Department of State, but also the annual Traf- grade them or risk undermining the credibility for the Director of Military Support (DOMS) in ficking in Persons (TIP) Report. and demonstrated power of the TIP Report. the Army Operations Center in the Pentagon; At the time, I don’t think anyone could have I am particularly concerned about the Gov- in this position, he was the principal action of- predicted that this report would become the ernment of China’s record. The Government of ficer for the Department of Defense support to international gold standard and primary means China has been on the Tier II Watch List for all local, state or federal government emer- of anti-trafficking accountability around the eight consecutive years in large part because gency or disaster requests, including DoD world. From the halls of parliaments to police its plan to fight human trafficking is inad- support for Typhoon Paka in Guam, the 1998 stations in remote corners of the world, this re- equate, unevenly implemented, and the Gov- Northeast Ice Storm, Hurricane Bonnie and port is being used to focus anti-trafficking work ernment of China has not been making signifi- support for the recovery of the John F. Ken- in 186 countries on the key areas of preven- cant efforts to comply with the minimum stand- nedy Jr. plane crash. He also served as a tion, prosecution, and protection. ards. Law enforcement in China is still not BRAC Program Manager with the Army’s In- The fact that it has been so successful is a trained to identify or respond properly to sex stallation Management Agency in the Pen- credit to the hard and careful work of the Of- or labor trafficking victims. I have heard re- tagon responsible for BRAC construction fice to Monitor and Combat Trafficking in Per- ports that local police are often unwilling to projects, environmental cleanup and property sons. Each year, this office evaluates whether help parents find missing children who may be transfers in California, Alaska and Hawaii. Ad- the government of a country is fully complying enslaved in local brick kilns, and that officials ditionally, he served as the Chief of Staff for with the minimum standards for the elimination have been known to profit from brick kilns that the Korea Region Office, Installation Manage- of human trafficking, or, if not, whether the exploit children. ment Agency, as well as the Director of the government is making significant efforts to do As we heard from a brave trafficking sur- Army’s BRAC Program from 2006 to 2007, so. vivor last week, the Government of China con- and was responsible for executing a $20 bil- The record is laid bare for the world to see tinues to forcibly repatriate North Korean traf- lion program of legacy and new 2005 BRAC and summarized in a tier ranking. Tier I coun- ficking victims who face severe punishment, requirements. tries fully meet the minimum standards. Tier II including execution, upon their return to North In 2007, Colonel Yanger was chosen to countries do not meet the minimum standards Korea. Moreover, the Government of China’s serve as a Board member on the Army’s Dis- but are making significant effort to do so. Tier continued one-child policy has decimated Chi- charge Review Board, a Secretary of the Army III countries do not meet the standards and na’s female population. Tens of millions of

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K24AP8.024 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 24, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E537 women and girls are missing from the popu- This month we mark a somber and impor- goals and accomplishments associated with lation, making China a regional magnet for sex tant anniversary. Archie High School girls basketball, and ex- and bride trafficking as men reach marrying Ninety-eight years ago, the Ottoman empire tend to the 2012–2013 team the most heartfelt age but cannot find a mate. The Government committed one of the largest crimes against congratulations for completing a perfect reg- of China is failing not only to address its own humanity in world history. The systematic an- ular season. trafficking problems, but is creating an incen- nihilation of over a million Armenian men, f tive for human trafficking problems in the women and children is a crime that cannot be whole region. forgotten. We will not allow it to be forgotten. LINYEINER GONZALEZ The Government of Uzbekistan’s record is I know that many will say that the Armenian also of great concern, as the government itself deaths occurred in the midst of war and social HON. ED PERLMUTTER continues to force hundreds of thousands of disruption and so we cannot call it genocidal OF COLORADO school-age children and adults to work in killing, or that we cannot even say accurately IN THE HOUSE OF REPRESENTATIVES fields during the cotton harvest each year. how many people died and how they died. Wednesday, April 24, 2013 The Government of the Republic of Congo, Such arguments avoid the evidence. The evi- despite making some progress in 2010 with dence shows that more than a million Arme- Mr. PERLMUTTER. Mr. Speaker, I rise the passage of a law that would prevent child nians died at the hands of the Ottoman em- today to recognize and applaud Linyeiner trafficking, has failed in the last two years to pire. Gonzalez for receiving the Arvada Wheat convict a single person under that law despite Further, some will complain that these state- Ridge Service Ambassadors for Youth award. the pervasive child trafficking in their country. ments unfairly besmirch the dignity and rep- Linyeiner Gonzalez is a 12th grader at Jeffer- The Government of Russia has had nine utation of today’s Turks. I would say that rec- son High School and received this award be- years of warning that without significant ognizing genocide from nearly a century ago cause her determination and hard work have change, they too would be downgraded. How- need not sully the reputation of modern-day allowed her to overcome adversities. ever, the Government of Russia does not Turks any more than accounts of disreputable, The dedication demonstrated by Linyeiner have in place formal procedures for identifica- brutal or atrocious behavior of early settlers in Gonzalez is exemplary of the type of achieve- tion and referral of trafficking victims by law the Americas, or of Germans in the 1930s and ment that can be attained with hard work and enforcement, labor inspectors, and other gov- 1940s, or South Africa under apartheid, or perseverance. It is essential students at all ernment officials. The Government of Russia other historical regimes reflect badly on those levels strive to make the most of their edu- still has not established a government body to nations today, unless those nations refuse to cation and develop a work ethic which will organize government anti-trafficking activities, acknowledge and learn from past evils and guide them for the rest of their lives. nor does it adequately fund shelters or serv- mistakes. I extend my deepest congratulations to ices for trafficking victims. Russian citizens are I’m also pleased that so many of my col- Linyeiner Gonzalez for winning the Arvada trafficked from Russia to countries all over the leagues have joined me in supporting contin- Wheat Ridge Service Ambassadors for Youth globe as well as within Russia, and yet the ued U.S. government aid and support for Ar- award. I have no doubt she will exhibit the Government of Russia does not have a na- menia and the people of Nagorno Karabakh. same dedication and character in all of her fu- tional trafficking education or prevention plan. These remain challenging times for the people ture accomplishments. The Government of Azerbaijan continues to of Armenia and Nagorno-Karabakh, and I f use administrative fines for traffickers, allowing hope our colleagues on the Appropriations MEETING THE CHALLENGE OF traffickers to write-off the crime of trafficking Committees in the House and Senate honor DRUG-RESISTANT DISEASES IN as a simple business expense that is less ex- our request for that aid to continue. DEVELOPING COUNTRIES pensive than hiring their workers. On this anniversary of the genocide against The Government of Iraq has been on the the Armenian people, let us recommit our- Watch List since the TIP Report first began to selves to ensuring that the truth about this hei- HON. CHRISTOPHER H. SMITH hold them accountable in 2009. Like trafficking nous event is acknowledged by every country OF NEW JERSEY victims elsewhere in the world, the victims in in the world. IN THE HOUSE OF REPRESENTATIVES Iraq need protection, those who are vulnerable to trafficking need prevention measures, and f Wednesday, April 24, 2013 traffickers need to be brought to justice. HONORING THE ARCHIE HIGH Mr. SMITH of New Jersey. Mr. Speaker, the The importance of accurate Tier rankings SCHOOL WHIRLWINDS GIRL’S Subcommittee on Africa, Global Health, Global cannot be overstated. Over the last 12 years, BASKETBALL TEAM Human Rights, and International Organizations we have seen countries begin in earnest the held a hearing that examined a deadly phe- hard work of reaching the minimum standards HON. VICKY HARTZLER nomenon involving both natural and man– after the TIP Report accurately exposed—with made elements—diseases that are resistant to a Tier III ranking—each country’s failure to OF MISSOURI IN THE HOUSE OF REPRESENTATIVES most or all available methods of treatment. take significant action against human traf- While this is a growing problem of increasing ficking. By the same token, a premature boost Wednesday, April 24, 2013 concern throughout the world, the sub- to Tier II, such as what occurred with Vietnam Mrs. HARTZLER. Mr. Speaker, I rise today committee focused yesterday on the impact of last year, may not only undermine progress, to recognize the Archie High School Whirl- such diseases—known as ‘‘superbugs’’—in but fail to inspire it. The tier rankings were winds girls basketball team for finishing with a developing countries and the challenges to meant to be, and in large part have become, perfect regular season for the first time in preventing and treating these diseases in this a powerful tool in the fight against human traf- school history. part of the world. ficking. I want to commend them for their out- There is a family of germs that occur nor- f standing teamwork, sportsmanship and train- mally in everyone’s digestive system. They ARMENIAN GENOCIDE ing throughout the 2012–2013 season. can cause infections when they get into the ANNIVERSARY I applaud each and every one of them for bladder, blood or other areas where they don’t their contribution to the team and the hard belong. That is the natural part of this growing work necessary to achieve this accomplish- problem. Gut flora are absolutely essential for HON. RUSH HOLT ment. The team was astutely guided by head health and an effectively functioning immune OF NEW JERSEY coach Troy Schulte, and assistant coach response. There are about 100 trillion micro- IN THE HOUSE OF REPRESENTATIVES Charles Plattner, and the basketball players organisms in our digestive systems—ten times Wednesday, April 24, 2013 included seniors Kara Fisher, Kaily Kurzweil, the number of cells in our bodies. Most of Mr. HOLT. Mr. Speaker, as a member of the Stefani Simms, and Mallory Wiskur; juniors them help break down the foods we eat. Armenian Caucus, I am pleased to continue to Leslie Iseman and Jordan Schulte; sopho- Those that are not helpful are usually can be lend my support to the Armenian-American mores Tiffany Greenwood, Samantha Ogden, treated with existing medicines, such as anti- community and the people of Armenia in any Taylor Plattner, and Mary Kurzweil; and fresh- biotics. way that I can. I support strongly the work that man Arely Guajardo, Mallory Lyons, Brooke The man-made part is that antibiotics have all the members of the Armenian American Wiskur and Quincy Young. been used increasingly to treat naturally oc- community do to foster strong ties between In closing, Mr. Speaker, I ask all my col- curring germs, but many of them have be- America and Armenia. leagues to join me in applauding the history, come resistant to such treatment. These so–

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K24AP8.014 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS E538 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2013 called ‘‘superbugs’’ pose a threat because of terfeit drugs. Patients whose lives could be IN RECOGNITION OF THIS YEAR’S overuse or misuse of antibiotics, but they also saved may not be because of inadequate NRECA COMMUNITY SERVICE pose a threat because of what some call a medical care. Unfortunately, because so many AWARD FOR COMMUNITY IN- ‘‘drug discovery void,’’ in which there has been countries do not maintain and report statistics VESTMENT insufficient research and development of new on medical issues, we have little idea how se- medicines to treat emerging mutating infec- rious the situation is today in developing coun- tions. tries in Africa and elsewhere around the world. HON. TIMOTHY J. WALZ This situation recently has become much In our interconnected world, that means that OF MINNESOTA more serious. In the last 10 years, these drug- infected people in the developing and devel- resistant diseases have been identified in pa- oped countries pose a mutual threat. IN THE HOUSE OF REPRESENTATIVES tients in more than 200 hospitals in 42 states Last month, a Nepalese man was detained Wednesday, April 24, 2013 in this country. Over that period, their preva- at the Texas border while trying to make an il- lence rate has increased from 1 percent of pa- legal crossing from Mexico. Officials found he Mr. WALZ. Mr. Speaker, each year, the Na- tients to 4 percent for those in short-term care, was infected with an extensively drug resistant tional Rural Electric Cooperative Association but for patients in long-term care facilities, the strain of tuberculosis and had carried this po- recognizes one co–op whose dedication to in- rate is as high as 18 percent. Half of all pa- tentially deadly airborne disease through 13 creasing energy access in rural America has tients who contract these diseases do not sur- countries over three months—from his home made a significant difference in their commu- vive. country of Nepal through South Asia, Brazil, nity. The 2013 winner of the NRCA’s Commu- Methicillin-resistant Staphylococcus aureus, Mexico and finally the United States. Who can nity Service Award for Community Investment or MRSA, one of the better known of these say how many people he infected during this hails from a small town called Welcome, Min- superbugs, now kills as many as 19,000 long journey? nesota. Americans each year and a similar number in Conversely, six years ago an American in- Federated Rural Electric has created jobs Europe. That is higher than the annual rate of fected with multi-drug resistant tuberculosis and helped to improve the quality of life in deaths from HIV and AIDS. traveled from this country to France, Greece rural Minnesota by improving access to elec- Last year, the World Health Organization and Italy before returning through the Czech tricity in a cost effective and efficient manner. identified strains of gonorrhea and tuberculosis Republic and Canada. Upon his return to the Federated Rural Electric helped AGCO Cor- that are currently completely untreatable, as U.S., he became the first person subjected to poration, a worldwide manufacturer and dis- well as a new wave of what might be called a Centers for Disease Control and Prevention tributor of agricultural equipment, in their ef- ‘‘super superbugs’’ with the mutation known as isolation order since 1963. forts to expand its Minnesota facility and add NDM1. These frightening new strains were Clearly, both developed and developing na- first seen in India, but they have now spread over 200 jobs. Last April, I had the opportunity tions must work together to prevent and treat to visit AGCO and see the great work they are worldwide. The spread of the H7N9 bird flu in for these diseases and find a way to imple- China is causing considerable concern—with doing to create jobs and grow their local econ- ment the new strategies in an era of con- omy in Jackson, Minnesota. more than 100 confirmed cases and 22 deaths strained budgets and loosening control of au- reported thus far. According to Agence France thority in far too many countries. However, the In addition to supporting AGCO, Federated Presse, WHO said yesterday that there is still Administration’s proposed FY 2014 budget Rural Electric has served over 9,000 residents no evidence that H7N9 was spreading in a calls for a 19 percent cut in funding for tuber- of southern Minnesota. Federated has made ‘‘sustained’’ way between people in China. culosis programming at a time we need such invaluable contributions to rural Minnesota According to WHO, artemesinin, when used capacity the most. communities. in combination with other drugs, is now con- f Today, I’m proud to honor Federated Rural sidered the world’s best treatment against ma- Electric for its support of reliable energy and laria, but malarial parasites resistant to HONORING EILEEN AND MIKE dedication to Minnesota’s rural population. artemesinin have emerged in western Cam- LONG bodia, along the border with Thailand. f In the developed world, we pride ourselves HON. MICHAEL G. GRIMM on having top-flight medical care widely avail- LILIANA MERAZ able to patients. If we lose half of all patients OF NEW YORK who contract these drug-resistant diseases, IN THE HOUSE OF REPRESENTATIVES what about patients in the developing world, Wednesday, April 24, 2013 HON. ED PERLMUTTER where statistics are often scarce and effective medical care can be even scarcer? Using ac- Mr. GRIMM. Mr. Speaker, I rise today to OF COLORADO cepted protocols for treating these diseases, congratulate Eileen and Mike Long on their fif- IN THE HOUSE OF REPRESENTATIVES their rate of infection can be curbed. tieth wedding anniversary, and to celebrate In Israel, infection rates in all 27 of its hos- the lasting bond of love and happiness they Wednesday, April 24, 2013 pitals fell by more than 70 percent in one year have shared during their life together. Mike, a born and raised New Yorker, has Mr. PERLMUTTER. Mr. Speaker, I rise with a coordinated prevention program. By fol- today to recognize and applaud Liliana Meraz lowing accepted protocols for handling these led a proud career of public service. A former Marine and New York City Councilman, he for receiving the Arvada Wheat Ridge Service diseases, the Colorado Department of Public Ambassadors for Youth award. Liliana Meraz Health and Environment and the Florida De- has unquestioningly served his country and the residents of Brooklyn. He continues his is an 11th grader at Jefferson High School partment of Health both have stopped out- and received this award because her deter- breaks of these drug resistant diseases in re- service today as the Chairman of the New York State Conservative Party. mination and hard work have allowed her to cent years. But what about hospitals in devel- overcome adversities. oping countries? Eileen served the people of Staten Island For example, the brain drain has sent and Brooklyn honorably as an aide to both The dedication demonstrated by Liliana trained medical personnel in Africa in search Representative Susan Molinari and Represent- Meraz is exemplary of the type of achieve- of better working conditions and pay in the de- ative Vito Fossella. ment that can be attained with hard work and veloped world. The lack of equipment and Mike and Eileen were married in 1963 and perseverance. It is essential students at all supplies that partly led to this brain drain are the proud and loving parents of nine chil- levels strive to make the most of their edu- would facilitate the rapid spread of drug resist- dren and seventeen grandchildren and one cation and develop a work ethic which will ant diseases in these countries. What would great grandchild. guide them for the rest of their lives. be simple interventions, including removing Mr. Speaker, on behalf of the 11th Congres- I extend my deepest congratulations to temporary medical devices such as catheters sional District of New York, I ask all my distin- Liliana Meraz for winning the Arvada Wheat or ventilators from patients as soon as pos- guished colleagues to join me in congratu- Ridge Service Ambassadors for Youth award. sible, is less likely under current conditions in lating Eileen and Mike Long on their fiftieth I have no doubt she will exhibit the same dedi- developing world hospitals. Adding to this wedding anniversary and wishing them fifty cation and character in all of her future ac- problem is the presence of expired and coun- more. complishments.

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\K24AP8.015 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 24, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E539 COMMEMORATING THE ARMENIAN fans welcomed the team home for a victory a hero from our Congressional districts, Sheriff GENOCIDE celebration. Larry D. Smith. Today, I ask that the House of This win is a proud moment for the team Representatives honor and remember Sheriff HON. HENRY A. WAXMAN and the community, and I urge my colleagues Smith, who dedicated his life in service to our OF CALIFORNIA in congratulating the team on their victory. community. On Friday, April 19, 2013 Larry IN THE HOUSE OF REPRESENTATIVES f passed away at the age of 68 at his home in La Quinta, California after fighting a long battle HONORING THE VILLAGE OF Wednesday, April 24, 2013 with cancer and pneumonia. Mr. WAXMAN. Mr. Speaker, today we sol- MANLIUS, NEW YORK, ON ITS BI- Larry received a bachelor’s degree in public emnly commemorate the 98th anniversary of CENTENNIAL management from Pepperdine University. His the Armenian genocide. Over the course of 36-year career in law enforcement began in eight years, the Armenian Christian population HON. DANIEL B. MAFFEI 1966 in the small town of Blythe, California was systematically terrorized, murdered, and OF NEW YORK near the Colorado River, where Larry was a driven out of their country. In 1914, two million IN THE HOUSE OF REPRESENTATIVES deputy sheriff. As he earned promotions Armenians were living under the Ottoman Em- Wednesday, April 24, 2013 throughout his career, he brought up many pire; by 1922, only 388,000 remained. Today Mr. MAFFEI. Mr. Speaker, I want to extend deputies through the ranks, including current we remember the victims of these atrocities my congratulations to the Village of Manlius, Riverside County Sheriff Stan Sniff. In 1987, and vow that their suffering will not be forgot- New York on the occasion of its Bicentennial Smith was promoted to Chief Deputy Sheriff in ten. Celebration. I am honored to join the Central Riverside County. As Chief of the Corrections The horror of the Armenian Genocide was New York community in celebrating the Village Division, he oversaw the financing and con- surpassed only by the silence that followed it. of Manlius on this historic occasion. struction of two modern jails, including the To this day, the Turkish government prohibits The history of the Village is well docu- Southwest Detention Center in French Valley recognition of its predecessor’s dark history, mented and we proudly share that history with that opened in 1993. and has pressured others to adhere to the members of our community. The Village of As Larry was completing his law studies and same base standard. The United States has a Manlius became the first village in Onondaga planning on retiring to open a practice, then- moral obligation to acknowledge the horrors of County in 1813. At that time, very few commu- Sheriff Cois Byrd encouraged him to run for the past, just as we must recognize all geno- nities throughout New York had been granted Sheriff of Riverside County. He was chal- cides as crimes against humanity. Recognition similar powers by the state to govern them- lenged in his first term, but ran unopposed for of the Armenian Genocide is long overdue. selves. The City of Syracuse was still swamp- his second. During Larry’s tenure as sheriff, As a member of the Congressional Caucus land in 1813 and did not come into existence he presided over a department that currently on Armenian Issues, I hope that my col- until the construction of the Erie Canal in the has 3,000 deputies and polices 17 cities, in leagues will join me in paying solemn tribute 1820s. addition to 300 square miles of unincorporated to those who lost their lives and those who Before the construction of the Erie Canal, areas. He also helped the county acquire land have survived such terrible atrocities. Let us Manlius was an important business location as from the federal government that eventually stand up to governments that persecute their people traveled along the Cherry Valley Turn- became the Ben Clark Training Center near people, and reaffirm our commitment to the pike and Seneca Turnpikes. In fact, the grow- March Air Reserve Base, where law enforce- victims of injustice. ing Village was defined as one of the most ment officers and firefighters from throughout f prominent business locations in Onondaga the state train. The county’s largest jail, the Larry D. Smith Correctional Facility in Ban- REPUBLIC HIGH SCHOOL BOYS County. The Village continued to grow as a suburb of Syracuse, and by the 1960s, be- ning, bears his name. Larry was also the first BASKETBALL TEAM CHAMPION- man to serve as both sheriff and coroner after SHIP came the fastest growing village in New York State. In 1973, a portion of the Village was the two departments merged. listed on the National Register of Historic Larry served our community for eight years HON. BILLY LONG Places as the Manlius Village Historic District. from 1994–2002, and was the 11th of 13 men OF MISSOURI Villages are often cited as providing the to serve as sheriff in the department’s 120- IN THE HOUSE OF REPRESENTATIVES services that are closest to the residents. The year history. He was succeeded by Sheriff Bob Doyle. Even after Larry had retired, he Wednesday, April 24, 2013 Village of Manlius has offered residents high quality services and locals take pride in all would still offer his counsel to his successors Mr. LONG. Mr. Speaker, I rise today to con- their village has to offer. The Village is widely on corrections, a field in which he was consid- gratulate the Republic High School Boys Bas- known for its picturesque Swan Pond, the Vil- ered an expert. He also mentored other sher- ketball Team for winning the Missouri Class 4 lage Center, the Manlius Fire Department and iffs as President of the California State Sher- State Championship. the charming commercial district. The Memo- iff’s Association and strongly advocated edu- Winning the state championship is a proud rial Day Parade and 4th of July celebration are cation for his deputies. moment these boys achieved through team annual events that bring together people from According to his wife Toni, Larry’s approach work and commitment. Members of the team across the region to celebrate all that is good to his career was influenced by his Mid- include: Ty Abney, Jake Fletcher, Derric about living in a community with such rich his- western roots. She said, ‘‘He was a very dig- Mertes, Grant Hancock, Marcus Miller, Dylan tory. nified, humble man. He was an Illinois farm Bekemeier, Canyon Smith, Cody Geiger, For 200 years the Village of Manlius has kid who saw good in everyone . . . He always Chase Hoffmann, Dillen Ramsey, Dakota served as a vital part of Onondaga County talked about doing things for the right reason, Fortner, Josh Vaughn, Jordan Kerr, Brock and Central New York. There is so much to be not just in big things or in small things, but in Yocum, and managers Tyler O’Dell and Zach proud of and I am grateful and fortunate to all things.’’ McGill. Through their hard work and dedica- have such a vibrant community within the dis- Larry was also active in the Palm Desert tion they finished the season with an overall trict I represent. Once again, congratulations Community Presbyterian Church, where he record of 28–4 and the Missouri Class 4 State to the Village of Manlius and good luck in the mentored pastors on running an organization, Championship. next 100 years! and programs for those battling addiction. A I also want to commend the coaching staff, scholarship will be established in his name to which includes Head Coach Trevyor Fisher, f help people afford to attend the Ranch Recov- Dan Stander, and Donny Call, for a job well TRIBUTE TO FORMER RIVERSIDE ery Center in Desert Hot Springs, which pro- done. This season was Coach Fisher’s first COUNTY SHERIFF LARRY D. vides treatment alternatives for drug and alco- year at the program, and he certainly begins SMITH hol abuse, according to his wife. his head coaching career on a strong founda- On Saturday, May 4, 2013 a memorial serv- tion. HON. KEN CALVERT ice will be held at the Palm Desert Community The Republic Basketball Team had tremen- OF CALIFORNIA Presbyterian Church in Palm Desert, Cali- dous support throughout their season; their IN THE HOUSE OF REPRESENTATIVES fornia. Smith is survived by his wife, a daugh- friends, family, and fans attended the tour- ter and two sons. naments, cheered them on throughout the Wednesday, April 24, 2013 The dangers our police officers face every basketball season and followed them to Co- Mr. CALVERT. Mr. Speaker, I rise today day often go unnoticed and without remark. lumbia for the state championship. Over 500 with my colleague RAUL RUIZ to pay tribute to Each story is unique and humbling for those of

VerDate Mar 15 2010 04:58 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.026 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS E540 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2013 us who, far from the dangers they have faced, government of the United States, and all peo- Winning the state championship is a proud live our lives in relative comfort and ease. In ples and governments around the world. That moment these boys achieved through team the case of Sheriff Smith, he was blessed to obligation is all the more grave because the work and commitment. Members of the team have the love and strength of his family to Turkish government—our friend and ally—ag- include: Ty Abney, Jake Fletcher, Derric help him along the way. I extend my condo- gressively denies this genocide. Mertes, Grant Hancock, Marcus Miller, Dylan lences to Larry’s family and friends; although The facts surrounding the genocide are well Bekemeier, Canyon Smith, Cody Geiger, Larry may be gone, the light and goodness he known and established beyond any doubt Chase Hoffmann, Dillen Ramsey, Dakota brought to the world remain and will never be whatsoever. Beginning in April 1915, following Fortner, Josh Vaughn, Jordan Kerr, Brock forgotten. years of pogroms and other repressive meas- Yocum, and managers Tyler O’Dell and Zach f ures, Ottoman authorities undertook the sys- McGill. Through their hard work and dedica- tematic annihilation of as many as one and a tion they finished the season with an overall RECOGNIZING MICHAELEEN EARLE half million Armenians through shootings, record of 28–4 and the Missouri Class 4 State CROWELL mass burnings, gassing, poisoning, drowning, Championship. forced labor, or death marches into the Syrian I also want to commend the coaching staff, HON. JOHN LEWIS desert. The scale and ferocity of these atroc- which includes Head Coach Trevyor Fisher, OF GEORGIA ities were unprecedented in the modern era. Dan Stander, and Donny Call, for a job well IN THE HOUSE OF REPRESENTATIVES The Honorable United States Ambassador to done. This season was Coach Fisher’s first the Ottoman Empire 1913–1916 Henry Mor- Wednesday, April 24, 2013 year at the program, and he certainly begins genthau characterized the policy of the Otto- his head coaching career on a strong founda- Mr. LEWIS. Mr. Speaker, I rise to congratu- man government as a ‘‘campaign of race ex- tion. late Mrs. Michaeleen Earle Crowell on her re- termination’’ and was instructed by Secretary The Republic Basketball Team had tremen- cent promotion from legislative director to chief of State Robert Lansing to continue his pro- dous support throughout their season; their of staff to Senator BERNIE SANDERS (I–VT). It tests along with the officials of many other friends, family, and fans attended the tour- is a well-deserved honor. countries, including allies of the Ottomans. naments, cheered them on throughout the For eight years, Michaeleen served as my Most tellingly, the post-World War I Turkish basketball season and followed them to Co- legislative director, managed my legislative government indicted the top leaders involved lumbia for the state championship. Over 500 staff, and strategized successful initiatives like in the ‘‘organization and execution’’ of the pol- fans welcomed the team home for a victory health care reform, the Voting Rights Act reau- icy and in the ‘‘massacre and destruction of celebration. thorization, and the crafting of the Voter Em- the Armenians.’’ The chief organizers were all This win is a proud moment for the team powerment Act. When Michaeleen joined my condemned to death for their crimes, though and the community, and I urge my colleagues staff in 2005, she brought balance, leadership, the verdicts of the courts were not enforced. in congratulating the team on their victory. and practical experience to our Ways and As is well known, Raphael Lemkin did not f Means Committee health care and Oversight coin the term ‘‘genocide’’ until 1944, almost 30 Subcommittee work. years after the Ottoman massacre of Arme- KYLE BEDFORD A native of Lowell, Massachusetts, nians. But in his groundbreaking work on the Michaeleen is a seasoned policy expert and subject, Lemkin cited the case of the Arme- HON. ED PERLMUTTER strategist. She grew up in a family engrained nians as the classic example of genocide. His OF COLORADO in progressive politics, and Capitol Hill was a idea of genocide as an offense against inter- IN THE HOUSE OF REPRESENTATIVES natural fit. Nearly 20 years ago, she began her national law was widely accepted by the inter- Wednesday, April 24, 2013 congressional career as a research assistant national community and was one of the legal on the Committee on Labor and Human Re- bases of the trial of Nazi leaders at Mr. PERLMUTTER. Mr. Speaker, I rise sources to my good friend, Senator Edward M. Nuremburg. today to recognize and applaud Kyle Bedford Kennedy. Despite the overwhelming preponderance of for receiving the Arvada Wheat Ridge Service Michaeleen went on to earn undergraduate evidence of the Ottoman government’s policy Ambassadors for Youth award. Kyle Bedford and law degrees from Boston University. She of annihilation of Armenians and the virtually is a 12th grader at Warren Tech North and re- then gained first-hand experience with health universal acceptance of the Armenian case as ceived this award because his determination care law in Massachusetts and New Hamp- a classic example of genocide, the govern- and hard work have allowed him to overcome shire, before moving to Atlanta to practice ment of the modern state of Turkey refuses to adversities. health care, business, and civil law. She also acknowledge the crimes of the previous re- The dedication demonstrated by Kyle Bed- returned to her public service roots—providing gime as the responsibility of the Ottoman gov- ford is exemplary of the type of achievement counsel during the transition and inauguration ernment or as a case of genocide. Indeed, the that can be attained with hard work and perse- of Mayor Shirley Franklin and serving as legis- Turkish government even has undertaken the verance. It is essential students at all levels lative director and counsel for the newly-elect- persecution of those Turks who recognize the strive to make the most of their education and ed Congresswoman Denise Majette (D-GA) genocide. develop a work ethic which will guide them for who served the congressional district which One day the Turkish government will ac- the rest of their lives. neighbors the one I represent. knowledge the genocide. That will be a great I extend my deepest congratulations to Kyle Although we miss Michaeleen and her day for Turkey—for the moral air of the coun- Bedford for winning the Arvada Wheat Ridge beautiful family—her husband James and chil- try—and a truly patriotic gesture, a sign of Service Ambassadors for Youth award. I have dren Jac and Ellie—I wish them continued spiritual strength. The sooner the better! The no doubt he will exhibit the same dedication success and happiness, and I congratulate her United States does a disservice to Turkey and and character in all of his future accomplish- from the bottom of my heart on her recent pro- its people by facilitating genocide denial by not ments. motion. pressing Turkey harder to acknowledge the f f truth. SENATE COMMITTEE MEETINGS f COMMEMORATING THE ARMENIAN Title IV of Senate Resolution 4, GENOCIDE WALNUT GROVE LADY TIGERS agreed to by the Senate of February 4, BASKETBALL TEAM CHAMPION- 1977, calls for establishment of a sys- HON. CHRISTOPHER H. SMITH SHIP tem for a computerized schedule of all OF NEW JERSEY meetings and hearings of Senate com- IN THE HOUSE OF REPRESENTATIVES HON. BILLY LONG mittees, subcommittees, joint commit- OF MISSOURI tees, and committees of conference. Wednesday, April 24, 2013 This title requires all such committees IN THE HOUSE OF REPRESENTATIVES Mr. SMITH of New Jersey. Mr. Speaker, I to notify the Office of the Senate Daily rise today to commemorate the genocide of Wednesday, April 24, 2013 Digest—designated by the Rules Com- Armenians committed by the Ottoman Empire. Mr. LONG. Mr. Speaker, I rise today to con- mittee—of the time, place and purpose We have a grave obligation, in truth and jus- gratulate the Republic High School Boys Bas- of the meetings, when scheduled and tice, to acknowledge this genocide against Ar- ketball Team for winning the Missouri Class 4 any cancellations or changes in the menians. This House is obligated, as is the State Championship. meetings as they occur.

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A24AP8.029 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 24, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E541 As an additional procedure along 10 a.m. 2 p.m. with the computerization of this infor- Committee on Health, Education, Labor, Committee on Armed Services mation, the Office of the Senate Daily and Pensions Subcommittee on Personnel Digest will prepare this information for Business meeting to consider the nomi- Business meeting to markup those provi- printing in the Extensions of Remarks nation of Thomas Edward Perez, of sions which fall under the subcommit- Maryland, to be Secretary of Labor, tee’s jurisdiction of the proposed Na- section of the CONGRESSIONAL RECORD tional Defense Authorization Act for on Monday and Wednesday of each and any pending nominations. SD–430 fiscal year 2014. week. Joint Economic Committee SD–G50 Meetings scheduled for Thursday, To hold hearings to examine immigra- 3:30 p.m. April 25, 2013 may be found in the Daily tion and its contribution to our eco- Committee on Armed Services Digest of today’s record. nomic strength. Subcommittee on Strategic Forces TBA Closed business meeting to markup those MEETINGS SCHEDULED provisions which fall under the sub- MAY 9 committee’s jurisdiction of the pro- MAY 7 posed National Defense Authorization 9:30 a.m. 10 a.m. Act for fiscal year 2014. Committee on Armed Services Committee on Appropriations SR–232A To hold hearings to examine the Depart- Subcommittee on Transportation and 6 p.m. ment of the Air Force in review of the Housing and Urban Development, and Committee on Armed Services Defense Authorization Request for fis- Related Agencies Subcommittee on Emerging Threats and cal year 2014 and the Future Years De- To hold hearings to examine an overview Capabilities fense Program. of the Federal Housing Administration. Closed business meeting to markup those SH–216 SD–138 provisions which fall under the sub- Committee on Energy and Natural Re- committee’s jurisdiction of the pro- sources MAY 16 posed National Defense Authorization To hold hearings to examine H.R. 527, to 10 a.m. Act for fiscal year 2014. amend the Helium Act to complete the Committee on Health, Education, Labor, SR–232A privatization of the Federal helium re- and Pensions serve in a competitive market fashion JUNE 12 that ensures stability in the helium To hold hearings to examine certain 9:30 a.m. markets while protecting the interests nominations. Committee on Armed Services of American taxpayers. SD–430 Subcommittee on SeaPower SD–366 Closed business meeting to markup those 10 a.m. MAY 22 provisions which fall under the sub- Committee on Foreign Relations 10 a.m. committee’s jurisdiction of the pro- To hold hearings to examine the nomina- Joint Economic Committee posed National Defense Authorization tions of James Knight, of Alabama, to To hold hearings to examine the current be Ambassador to the Republic of Act for fiscal year 2014. economic outlook. SR–222 Chad, and Deborah Kay Jones, of New SH–216 Mexico, to be Ambassador to Libya, 2:30 p.m. Committee on Armed Services both of the Department of State. JUNE 11 SD–419 Closed business meeting to markup the 9:30 a.m. proposed National Defense Authoriza- MAY 8 Committee on Armed Services tion Act for fiscal year 2014. Subcommittee on Airland SR–222 9:30 a.m. Business meeting to markup those provi- Committee on Armed Services sions which fall under the subcommit- JUNE 13 Subcommittee on Airland To hold hearings to examine Army mod- tee’s jurisdiction of the proposed Na- 9:30 a.m. ernization in review of the Defense Au- tional Defense Authorization Act for Committee on Armed Services thorization Request for fiscal year 2014 fiscal year 2014. Closed business meeting to continue to and the Future Years Defense Pro- SD–G50 markup the proposed National Defense gram. 11 a.m. Authorization Act for fiscal year 2014. SR–222 Committee on Armed Services SR–222 Committee on Armed Services Subcommittee on Readiness and Manage- Subcommittee on SeaPower ment Support JUNE 14 To hold hearings to examine Navy ship- Business meeting to markup those provi- 9:30 a.m. building programs in review of the De- sions which fall under the subcommit- Committee on Armed Services fense Authorization Request for fiscal tee’s jurisdiction of the proposed Na- Closed business meeting to continue to year 2014 and the Future Years Defense tional Defense Authorization Act for markup the proposed National Defense Program. fiscal year 2014. Authorization Act for fiscal year 2014. SR–232A SD–G50 SR–222

VerDate Mar 15 2010 04:48 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\M24AP8.000 E24APPT1 jbell on DSK7SPTVN1PROD with REMARKS Wednesday, April 24, 2013 Daily Digest Senate During consideration of this measure today, Senate Chamber Action also took the following action: Routine Proceedings, pages S2909–S2980 By 74 yeas to 23 nays (Vote No. 110), Senate Measures Introduced: Seventeen bills and seven agreed to the motion to proceed to consideration of resolutions were introduced, as follows: S. 793–809, the bill. Page S2925 S. Res. 109–114, and S. Con. Res. 15. A unanimous-consent agreement was reached pro- Pages S2960–61 viding that following morning business, on Thurs- day, April 25, 2013, Senate recess for one hour to Measures Passed: allow for a Senators-only briefing; and that when the National Safe Digging Month: Senate agreed to Senate reconvenes, Senate continue consideration of S. Res. 111, supporting the goals and ideals of Na- the bill. Page S2980 tional Safe Digging Month. Page S2979 Message from the President: Senate received the Biochemical Attack on April 16, 2013: Senate following message from the President of the United agreed to S. Res. 112, commending employees of the States: Senate Post Office, employees of the Sergeant at Transmitting, pursuant to law, the 2013 National Arms of the Senate, members of the Capitol Police, Drug Control Strategy; which was referred to the and members of the Capitol Hill community for Committee on the Judiciary. (PM–8) Page S2958 their courage and professionalism following the bio- Nominations Confirmed: Senate confirmed the fol- chemical attack against the Senate on April 16, lowing nominations: 2013. Page S2979 By a unanimous vote of 96 yeas (Vote No. EX. National Adopt a Library Day: Senate agreed to 108), Jane Kelly, of Iowa, to be United States Cir- S. Res. 113, designating April 23, 2013 as ‘‘Na- cuit Judge for the Eighth Circuit. tional Adopt a Library Day’’. Page S2979 Pages S2914–25, S2980 Authorizing testimony, documents, and represen- By a unanimous vote of 96 yeas (Vote No. EX. tation: Senate agreed to S. Res. 114, to authorize 109), Sylvia Mathews Burwell, of West Virginia, to testimony, documents, and representation in United be Director of the Office of Management and Budg- et. Pages S2914–25, S2980 States v. Renzi, et al. Page S2979 Messages from the House: Page S2958 Measures Considered: Measures Referred: Page S2958 Marketplace Fairness Act—Agreement: Senate began consideration of S. 743, to restore States’ sov- Measures Placed on the Calendar: ereign rights to enforce State and local sales and use Pages S2909, S2958 tax laws, after agreeing to the motion to proceed, Measures Read the First Time: and taking action on the following amendments pro- Pages S2958, S2979–80 Pages S2925–55 posed thereto: Executive Communications: Pages S2958–60 Pending: Reid (for Enzi) Amendment No. 741, of a per- Additional Cosponsors: Pages S2961–62 fecting nature. Pages S2926–28 Statements on Introduced Bills/Resolutions: Durbin Amendment No. 745 (to Amendment No. Pages S2962–S70 741), to change the enactment date. Page S2928 Additional Statements: Pages S2956–58 A motion was entered to close further debate on Amendments Submitted: Pages S2970–78 the bill and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a Authorities for Committees to Meet: vote on cloture will occur on Friday, April 26, 2013. Pages S2978–79 Page S2927 Privileges of the Floor: Page S2979 D365

VerDate Mar 15 2010 04:09 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D24AP3.REC D24APPT1 jbell on DSK7SPTVN1PROD with DIGEST D366 CONGRESSIONAL RECORD — DAILY DIGEST April 24, 2013 Record Votes: Three record votes were taken today. DEFENSE AUTHORIZATION REQUEST AND (Total—110) Page S2925 FUTURE YEARS DEFENSE PROGRAM Adjournment: Senate convened at 9:30 a.m. and Committee on Armed Services: Subcommittee on Per- adjourned at 6:34 p.m., until 9:30 a.m. on Thurs- sonnel committee concluded a hearing to examine day, April 25, 2013. (For Senate’s program, see the the Active, Guard, Reserve, and civilian personnel remarks of the Acting Majority Leader in today’s programs in review of the Defense Authorization Re- Record on page S2980.) quest for fiscal year 2014 and the Future Years De- fense Program, after receiving testimony from Thom- Committee Meetings as R. Lamont, Assistant Secretary of the Army for Manpower and Reserve Affairs, Juan M. Garcia, As- (Committees not listed did not meet) sistant Secretary of the Navy for Manpower and Re- serve Affairs, Daniel B. Ginsberg, Assistant Secretary APPROPRIATIONS: ENVIRONMENTAL of the Air Force for Manpower and Reserve Affairs, PROTECTION AGENCY Lieutenant General Howard B. Bromberg, USA, Committee on Appropriations: Subcommittee on Depart- Deputy Chief of Staff, G–1, Vice Admiral Scott R. ment of the Interior, Environment, and Related Van Buskirk, USN, Chief of Naval Personnel, and Agencies concluded a hearing to examine proposed Deputy Chief of Naval Operations, Lieutenant Gen- budget estimates for fiscal year 2014 for the Envi- eral Robert E. Milstead, Jr., USMC, Deputy Com- ronmental Protection Agency, after receiving testi- mandant, Manpower and Reserve Affairs, and Lieu- mony from Bob Perciasepe, Acting Administrator, tenant General Darrell D. Jones, Deputy Chief of and Maryann Froehlich, Acting Chief Financial Offi- Staff, Manpower, Personnel and Services, United cer, both of the Environmental Protection Agency. States Air Force, all of the Department of Defense.

APPROPRIATIONS: DEPARTMENT OF DEFENSE AUTHORIZATION REQUEST AND HEALTH AND HUMAN SERVICES FUTURE YEARS DEFENSE PROGRAM Committee on Appropriations: Subcommittee on Depart- ments of Labor, Health and Human Services, and Committee on Armed Services: Subcommittee on Stra- Education, and Related Agencies concluded a hear- tegic Forces concluded a hearing to examine military ing to examine proposed budget estimates for fiscal space programs and views on Department of Defense year 2014 for the Department of Health and Human usage of the electromagnetic spectrum in review of Services, after receiving testimony from Kathleen the Defense Authorization Request for fiscal year Sebelius, Secretary of Health and Human Services. 2014 and the Future Years Defense Program, focus- ing on facing challenges to ensure investments are APPROPRIATIONS: DEPARTMENT OF THE optimized, and preliminary findings on Federal relo- NAVY cation costs and auction revenues, after receiving tes- Committee on Appropriations: Subcommittee on Depart- timony from Douglas L. Loverro, Deputy Assistant ment of Defense concluded a hearing to examine Secretary for Space Policy, John A. Zangardi, Deputy proposed budget estimates for fiscal year 2014 for Assistant Secretary of the Navy for Command, Con- the Department of the Navy, after receiving testi- trol, Communications, Computers, Intelligence, In- mony from Ray Maybus, Secretary, Admiral Jona- formation Operations and Space, General William L. than Greenert, Chief of Naval Operations, and Gen- Shelton, Commander, Air Force Space Command, eral James F. Amos, Commandant of the Marine Lieutenant General Richard P. Formica, USA, Com- Corps, all of the Department of the Navy, Depart- manding General, U.S. Army Space and Missile De- ment of Defense. fense Command, and Army Forces Strategic Com- mand, Major General Robert E. Wheeler, Deputy APPROPRIATIONS: NATIONAL NUCLEAR Chief Information Officer for Command, Control, SECURITY ADMINISTRATION Communications, and Computers (C4) and Informa- Committee on Appropriations: Subcommittee on Energy tion Infrastructure (DCIO for C4IIC), all of the De- and Water Development concluded a hearing to ex- partment of Defense; Christina T. Chaplain, Direc- amine proposed budget estimates for fiscal year 2014 tor, Acquisition and Sourcing Management, and for the National Nuclear Security Administration, Mark L. Goldstein, Director, Physical Infrastructure after receiving testimony from Neile L. Miller, Act- Issues, both of the Government Accountability Of- ing Undersecretary of Energy for Nuclear Security fice; and Christopher Guttman-McCabe, CTIA—The and Acting Administrator, National Nuclear Secu- Wireless Association, Washington, D.C. rity Administration.

VerDate Mar 15 2010 04:09 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D24AP3.REC D24APPT1 jbell on DSK7SPTVN1PROD with DIGEST April 24, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D367 DEFENSE AUTHORIZATION REQUEST AND INTERNATIONAL DEVELOPMENT BUDGET FUTURE YEARS DEFENSE PROGRAM Committee on Foreign Relations: Committee concluded Committee on Armed Services: Subcommittee on Readi- a hearing to examine international development pri- ness and Management Support concluded a hearing orities in the fiscal year 2014 budget, after receiving to examine military construction, environmental, and testimony from Rajiv Shah, Administrator, United base closure programs in review of the Defense Au- States Agency for International Development. thorization Request for fiscal year 2014 and the Fu- ture Years Defense Program, after receiving testi- MEDICAL EQUIPMENT COMPANIES mony from John Conger, Acting Deputy Under Sec- Committee on Homeland Security and Governmental Af- retary for Installations and Environment, Katherine fairs: Subcommittee on Financial and Contracting G. Hammack, Assistant Secretary of the Army for Oversight concluded an oversight hearing to examine Installations, Energy, and Environment, Roger M. business practices of durable medical equipment Natsuhara, Principal Deputy Assistant Secretary of companies, after receiving testimony from Peter the Navy for Energy, Installations and Environment, Budetti, Deputy Administrator and Director, Center and Kathleen I. Ferguson, Acting Assistant Secretary for Program Integrity, and Laurence D. Wilson, Di- of the Air Force for Installations, Environment and rector, Chronic Care Policy Group, Center for Medi- Logistics, all of the Department of Defense. care, both of Centers for Medicare and Medicaid DEFENSE AUTHORIZATION REQUEST AND Services, Department of Health and Human Services; FUTURE YEARS DEFENSE PROGRAM Jon Letko, U.S. Healthcare Supply, LLC, Milford, New Jersey; Steve Silverman, Med-Care Diabetic and Committee on Armed Services: Subcommittee on Airland Medical Supplies, Boca Raton, Florida; and Charlene concluded a hearing to examine tactical aircraft pro- Stanley, AdvanceMed Corporation, Nashville, Ten- grams in review of the Defense Authorization Re- nessee. quest for fiscal year 2014 and the Future Years De- fense Program, after receiving testimony from Lieu- FINANCIAL LITERACY EDUCATION FOR tenant General Christopher C. Bogdan, Program Ex- STUDENTS ecutive Officer F–35, Vice Admiral W. Mark Skin- ner, Principal Military Deputy, Assistant Secretary of Committee on Health, Education, Labor, and Pensions: the Navy for Research, Development, and Acquisi- Subcommittee on Children and Families concluded a tion, and Lieutenant General Charles R. Davis, Mili- hearing to examine the economic importance of fi- tary Deputy, Office of the Assistant Secretary of the nancial literacy education for students, after receiv- Air Force for Acquisition, all of the Department of ing testimony from Nicole Lipp, Charlotte-Mecklen- Defense. burg Schools, Charlotte, North Carolina; Annamaria Lusardi, George Washington University School of VOLUNTARY DO-NOT-TRACK STANDARDS Business Global Center for Financial Literacy, Wash- Committee on Commerce, Science, and Transportation: ington, D.C.; Cy Richardson, National Urban Committee concluded a hearing to examine a status League, New York, New York; Curtis Biggs, Wyo- update on the development of voluntary do-not-track ming Jump$tart Coalition for Personal Financial Lit- standards, after receiving testimony from Harvey An- eracy, Sheridan; and Cathy Pace, Allegacy Federal derson, Mozilla, Mountain View, California; Justin Credit Union, Winston-Salem, North Carolina. Brookman, Center for Democracy and Technology, Washington, D.C.; Luigi Mastria, Digital Adver- TRIBAL PROGRAMS BUDGET tising Alliance, New York, New York; and Adam Committee on Indian Affairs: Committee concluded a D. Thierer, George Mason University Mercatus Cen- hearing to examine the President’s proposed budget ter, Arlington, Virginia. request for fiscal year 2014 for Tribal Programs, after receiving testimony from Kevin Washburn, As- TRANS-PACIFIC PARTNERSHIP sistant Secretary of Indian Affairs, and Thomas D. Committee on Finance: Committee concluded a hearing Thompson, Deputy Assistant Secretary of Manage- to examine the Trans-Pacific partnership, focusing ment, both of the Department of the Interior; Yvette on opportunities and challenges, after receiving testi- Roubideaux, Director, Indian Health Service, De- mony from Karan Bhatia, General Electric, and partment of Health and Human Services; Jefferson David Hirschmann, U.S. Chamber of Commerce, Keel, National Congress of American Indians, Cathy both of Washington, D.C.; Bob Hanson, Montana Abramson, National Indian Health Board, and Lloyd Farm Bureau Federation, Bozeman; and Thomas M. B. Miller, Sonosky, Chambers, Sachse, Miller and Suber, U.S. Dairy Export Council, Arlington, Vir- Munson, LLP, on behalf of the National Tribal Con- ginia. tract Support Cost Coalition, all of Washington,

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D.C.; and John Sirois, Confederated Tribes of the Coleman Nee, Massachusetts Department of Vet- Colville Reservation, Nespelem, Washington. erans’ Services Secretary, Boston; Wendy Spencer, NOMINATIONS Corporation for National and Community Service (CNCS), and Mike Monroe, Points of Light, both of Committee on the Judiciary: Committee concluded a Washington, D.C.; and Eric Weingartner, Robin hearing to examine the nominations of Raymond T. Hood Foundation, New York, New York. Chen, of Maryland, to be United States Circuit Judge for the Federal Circuit, and Jennifer A. Dor- ALZHEIMER’S DISEASE sey, to be United States District Judge for the Dis- trict of Nevada, who was introduced by Senator Special Committee on Aging: Committee concluded a Reid, after the nominees testified and answered ques- hearing to examine the national plan to address Alz- tions in their own behalf. heimer’s disease, focusing on if we are on track to 2025, after receiving testimony from Donald VETERANS’ AFFAIRS OUTREACH AND Moulds, Acting Assistant Secretary for Planning and COMMUNITY PARTNERSHIP Evaluation, Department of Health and Human Serv- Committee on Veterans’ Affairs: Committee concluded a ices; Ronald C. Petersen, Mayo Clinic Alzheimer’s hearing to examine Veterans’ Affairs outreach and Disease Research Center, Rochester, Minnesota; Mi- community partnerships, after receiving testimony chael D. Hurd, The RAND Corporation, Santa from Tommy Sowers, Assistant Secretary of Veterans Monica, California; and Ashley Campbell, Malibu, Affairs for Public and Intergovernmental Affairs; California. h House of Representatives Baseball Hall of Fame commemorative coins: H.R. Chamber Action 1071, to specify the size of the precious-metal blanks Public Bills and Resolutions Introduced: 29 pub- that will be used in the production of the National lic bills, H.R. 1692–1720; and 1 resolution, H. Res. Baseball Hall of Fame commemorative coins and 179 were introduced. Pages H2297–99 Pages H2260–61 Additional Cosponsors: Pages H2299–H2300 Awarding posthumously a Congressional Gold Report Filed: A report was filed today as follows: Medal to Addie Mae Collins, Denise McNair, Car- H. Res. 178, providing for consideration of the ole Robertson, and Cynthia Wesley, in recognition bill (H.R. 527) to amend the Helium Act to com- of the 50th commemoration of the bombing of the plete the privatization of the Federal helium reserve Sixteenth Street Baptist Church: H.R. 360, amend- in a competitive market fashion that ensures stability ed, to award posthumously a Congressional Gold in the helium markets while protecting the interests Medal to Addie Mae Collins, Denise McNair, Carole of American taxpayers, and for other purposes (H. Robertson, and Cynthia Wesley, in recognition of the 50th commemoration of the bombing of the Six- Rept. 113–47). Page H2297 teenth Street Baptist Church where the 4 little Black Speaker: Read a letter from the Speaker wherein he girls lost their lives, which served as a catalyst for appointed Representative Rodney Davis to act as the Civil Rights Movement, by a 2⁄3 yea-and-nay Speaker pro tempore for today. Page H2251 vote of 420 yeas with none voting ‘‘nay’’, Roll No. Recess: The House recessed at 10:40 a.m. and re- 123. Pages H2261–67, H2275 convened at 12 noon. Page H2256 Helping Sick Americans Now Act—Rule for Chaplain: The prayer was offered by the guest chap- Consideration: The House agreed to H. Res. 175, lain, Archbishop Oshagan Choloyan, Armenian Ap- the rule that is providing for consideration of H.R. ostolic Church of America, New York, NY. 1549, to amend Public Law 111–148 to transfer fis- Page H2256 cal year 2013 through fiscal year 2016 funds from the Prevention and Public Health Fund to carry out Suspensions: The House agreed to suspend the rules the temporary high risk health insurance pool pro- and pass the following measures: gram for individuals with preexisting conditions, Specifying the size of the precious-metal blanks and to extend access to such program to such indi- that will be used in the production of the National viduals who have had creditable coverage during the

VerDate Mar 15 2010 04:09 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D24AP3.REC D24APPT1 jbell on DSK7SPTVN1PROD with DIGEST April 24, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D369 6 months prior to application for coverage through Agencies held a hearing on USDA Rural Develop- such program, by a yea-and-nay vote of 225 yeas to ment Budget Hearing. Testimony was heard from 189 nays, Roll No. 122, after the previous question the following Department of Agriculture officials: was ordered by a yea-and-nay vote of 228 yeas to Doug O’Brien, Acting Under Secretary, Rural Devel- 192 nays, Roll No. 121. Pages H2267–75 opment; John Padalino, Acting Administrator, Rural Providing for a recess of the House for a joint Utilities Service; Lillian Salerno, Acting Adminis- meeting to receive Her Excellency Park Geun- trator, Rural Business-Cooperative Service; Tammye hye, President of the Republic of Korea: Agreed Trevino, Administrator, Rural Housing Service, Mi- by unanimous consent that it may be in order at any chael Young, Budget Officer. time on Wednesday, May 8, 2013 for the Speaker APPROPRIATIONS—DEFENSE HEALTH to declare a recess, subject to the call of the Chair, PROGRAM BUDGET for the purpose of receiving in Joint Meeting Her Committee on Appropriations: Subcommittee on Defense Excellency Park Geun-hye, President of the Republic held a hearing on Defense Health Program Budget. of Korea. Page H2275 Testimony was heard from Jonathan Woodson, As- Re-referral of H.R. 763: Agreed by unanimous con- sistant Secretary, Department of Defense, Health Af- sent that H.R. 763 be re-referred to the Committee fairs, Director, TRICARE Management Activity; on Ways and Means, and in addition to the Com- Lieutenant General Patricia D. Horoho, Surgeon mittee on Energy and Commerce. Page H2283 General, United States Army; Vice Admiral Mat- Presidential Message: Read a message from the thew L. Nathan, Surgeon General, United States President wherein he transmitted the 2013 National Navy; and Lieutenant General Dr. Thomas W. Trav- Drug Control Strategy—referred to the Committees is, Surgeon General, United States Air Force. on Energy and Commerce, Education and the Work- APPROPRIATIONS—DEPARTMENT OF force, Veterans’ Affairs, Armed Services, the Judici- TREASURY, INTERNATIONAL PROGRAMS ary, Natural Resources, Financial Services, Homeland BUDGET Security, Oversight and Government Reform, Ways and Means, Foreign Affairs, Transportation and In- Committee on Appropriations: Subcommittee on State frastructure, and the Permanent Select Committee on Foreign Operations, and Related Agencies held a Intelligence and ordered to be printed (H. Doc. hearing on Department of Treasury, International Programs Budget. Testimony was heard from Jacob 113–20). Pages H2276–77 Lew, Secretary, Department of the Treasury. Quorum Calls—Votes: Three yea-and-nay votes de- veloped during the proceedings of today and appear APPROPRIATIONS—FEDERAL AVIATION on pages H2273–74, H2274–75 and H2275. There ADMINISTRATION BUDGET were no quorum calls. Committee on Appropriations: Subcommittee on Trans- Adjournment: The House met at 10 a.m. and ad- portation, Housing and Urban Development held a journed at 6:26 p.m. hearing on Federal Aviation Administration Budget. Testimony was heard from Michael Huerta, Admin- Committee Meetings istrator, Federal Aviation Administration. PUBLIC WITNESS DAY APPROPRIATIONS—UNITED STATES AGENCY FOR INTERNATIONAL Committee on Agriculture: Subcommittee on Horti- DEVELOPMENT culture, Research, Biotechnology, and Foreign Agri- culture held a hearing for the public to Review Hor- Committee on Appropriations: Subcommittee on State ticulture Priorities for the 2013 Farm Bill. Testi- and Foreign Operations, and Related Programs held mony was heard from public witnesses. a hearing on United States Agency for International Development. Testimony was heard from Rajiv Shah, APPROPRIATIONS—PUBLIC WITNESS DAY Administrator, United States Agency for Inter- Committee on Appropriations: Subcommittee on Inte- national Development. rior, Environment, and Related Agencies held a APPROPRIATIONS—USDA NATURAL hearing on American Indian and Alaska Native RESOURCES AND ENVIRONMENT issues. Testimony was heard from pubic witnesses. Committee on Appropriations: Subcommittee on Agri- APPROPRIATIONS—USDA RURAL culture, Rural Development, FDA, and Related DEVELOPMENT BUDGET Agencies held a hearing on USDA Natural Resources Committee on Appropriations: Subcommittee on Agri- and Environment. Testimony was heard from the fol- culture, Rural Development, FDA, and Related lowing Department of Agriculture officials: Ann

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Administration, Bureau of Industry and Security, H.R. 885, the ‘‘San Antonio Missions National His- Department of Commerce; and James A. Hursch, torical Park Boundary Expansion Act of 2013’’; H.R. Director, Defense Technology Security Administra- 934, to amend the Wild and Scenic Rivers Act re- tion Department of Defense. lated to a segment of the Lower Merced River in KOSOVO AND SERBIA: A PATHWAY TO California, and for other purposes; H.R. 993, the PEACE ‘‘Fruit Heights Land Conveyance Act’’; H.R. 1156, Committee on Foreign Affairs: Subcommittee on Eu- to authorize the Secretary of the Interior to adjust rope, Eurasia, and Emerging Threats held a hearing the boundary of the Stephen Mather Wilderness and entitled ‘‘Kosovo and Serbia: A Pathway to Peace’’. the North Cascades National Park in order to allow Testimony was heard from Jonathan Moore, Direc- the rebuilding of a road outside of the floodplain tor, Office of South Central European Affairs, Bureau while ensuring that there is no net loss of acreage of European and Eurasian Affairs, Department of to the Park or the Wilderness, and for other pur- State; and public witnesses. poses; H.R. 1157, the ‘‘Rattlesnake Mountain Public Access Act’’; H.R. 1158, the ‘‘North Cascades Na- MISCELLANEOUS MEASURE tional Park Service Complex Fish Stocking Act’’; Committee on Homeland Security: Subcommittee on H.R. 1206, the ‘‘Permanent Electronic Duck Stamp Border and Maritime Security held a markup on Act of 2013’’; H.R. 1208, the ‘‘Manhattan Project H.R. 1417, the ‘‘Border Security Results Act of National Historical Park Act’’; H.R. 1241, to facili- 2013’’. The bill was reported to the Full Committee, tate a land exchange involving certain National For- as amended. est System lands in the Inyo National Forest, and for MISCELLANEOUS MEASURES other purposes; and H.R. 1377 the ‘‘Mescalero Committee on Natural Resources: Full Committee held Apache Tribe Leasing Authorization Act’’. The fol- a markup on the following measures: H.R. 3, the lowing bills were ordered reported, as amended: ‘‘Northern Route Approval Act’’; H.R. 85, to create H.R. 723; H.R. 767; H.R. 829; H.R. 885; and the Office of Chief Financial Officer of the Govern- H.R. 1377. The following bills were ordered re- ment of the Virgin Islands, and for other purposes; ported without amendment: H.R. 3; H.R. 85; H.R. H.R. 126, the ‘‘Corolla Wild Horses Protection 126; H.R. 251; H.R. 253; H.R. 330; H.R. 356; Act’’; H.R. 251, the ‘‘South Utah Valley Electric H.R. 462; H.R. 520; H.R. 573; H.R. 674; H.R. Conveyance Act’’; H.R. 253, the ‘‘Y Mountain Ac- 739; H.R. 862; H.R. 876; H.R. 934; H.R. 993; cess Enhancement Act’’; H.R. 330, the ‘‘Distin- H.R. 1156; H.R. 1157; H.R. 1158; H.R. 1206; guished Flying Cross National Memorial Act’’; H.R. H.R. 1208; and H.R. 1241. 356, the ‘‘Hill Creek Cultural Preservation and En- ergy Development Act’’; H.R. 426, the ‘‘Utah Na- BROKEN PROMISES: THE SMALL BUSINESS tional Guard Readiness Act’’; H.R. 520, the ‘‘Buffalo LENDING FUND’S BACKDOOR BANK Soldiers in the National Parks Study Act’’; H.R. BAILOUT 573, to amend Public Law 93–435 with respect to the Northern Mariana Islands, providing parity with Committee on Oversight and Government Reform: Full Guam, the Virgin Islands, and American Samoa; Committee held a hearing entitled ‘‘Broken Prom- H.R. 674, the ‘‘Rota Cultural and Natural Resources ises: the Small Business Lending Fund’s Backdoor Study Act’’; H.R. 723, the ‘‘Wood-Pawcatuck Wa- Bank Bailout’’. Testimony was heard from Christy tershed Protection Act’’; H.R. 739, the ‘‘Chesapeake Romero, Special Inspector General for the Troubled Bay Accountability and Recovery Act of 2013’’; Asset Relief Program. H.R. 767, to amend the Energy Policy Act of 2005 to modify the Pilot Project offices of the Federal GREEN ENERGY OVERSIGHT: EXAMINING Permit Streamlining Pilot Project; H.R. 829, to THE DEPARTMENT OF ENERGY’S BAD BET amend the Wild and Scenic Rivers Act to designate ON FISKER AUTOMOTIVE a segment of Illabot Creek in Skagit County, Wash- Committee on Oversight and Government Reform: Sub- ington, as a component of the National Wild and committee on Economic Growth held a hearing enti- Scenic Rivers System; H.R. 862, to authorize the tled ‘‘Green Energy Oversight: Examining the De- conveyance of two small parcels of land within the partment of Energy’s Bad Bet on Fisker Auto- boundaries of the Coconino National Forest con- motive’’. Testimony was heard from Nicholas taining private improvements that were developed Whitcombe, Supervisory Senior Investment Officer, based upon the reliance of the landowners in an erro- Loan Programs Office, Department of Energy; and neous survey conducted in May 1960; H.R. 876, the public witnesses. ‘‘Idaho Wilderness Water Resources Protection Act’’;

VerDate Mar 15 2010 04:09 Apr 25, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D24AP3.REC D24APPT1 jbell on DSK7SPTVN1PROD with DIGEST D372 CONGRESSIONAL RECORD — DAILY DIGEST April 24, 2013 RESPONSIBLE HELIUM ADMINISTRATION OVERVIEW OF THE NATIONAL AND STEWARDSHIP ACT AERONAUTICS AND SPACE Committee on Rules: Full Committee held a hearing on ADMINISTRATION BUDGET FOR FISCAL H.R. 527, the ‘‘Responsible Helium Administration YEAR 2014 and Stewardship Act’’. The Committee granted, by Committee on Science, Space, and Technology: Sub- voice vote, a structured rule for H.R. 527. The rule committee on Space held a hearing entitled ‘‘An provides one hour of general debate equally divided Overview of the National Aeronautics and Space Ad- and controlled by the chair and ranking minority ministration Budget for Fiscal Year 2014’’. Testi- member of the Committee on Natural Resources. mony was heard from Charles F. Bolden, Jr., Admin- The rule waives all points of order against consider- istrator, National Aeronautics and Space Administra- ation of the bill. The rule makes in order as original tion. text for the purpose of amendment an amendment in BUDGET OUTLOOK FOR THE SMALL the nature of a substitute consisting of the text of BUSINESS ADMINISTRATION Rules Committee Print 113–9 and provides that it shall be considered as read. The rule waives all Committee on Small Business: Full Committee held a points of order against the amendment in a nature hearing entitled ‘‘The Budget Outlook for the Small of a substitute. The rule makes in order only those Business Administration’’. Testimony was heard further amendments printed in the Rules Committee from Karen Mills, Administrator, Small Business Administration. report. Each such amendment may be offered only in the order printed in the report, may be offered only OVERVIEW OF THE UNITED STATES’ by a Member designated in the report, shall be con- FREIGHT TRANSPORTATION SYSTEM sidered as read, shall be debatable for the time speci- Committee on Transportation and Infrastructure: Full fied in the report equally divided and controlled by Committee held a hearing on ‘‘Overview of the the proponent and an opponent, shall not be subject United States’ Freight Transportation System’’. Tes- to amendment, and shall not be subject to a demand timony was heard from public witnesses. for division of the question. The rule waives all points of order against the amendments printed in PRESIDENT’S FISCAL YEAR 2014 BUDGET: the report. The rule provides one motion to recom- ADMINISTRATION PRIORITIES FOR THE mit with or without instructions. In Section 2, the U.S. ARMY CORPS OF ENGINEERS rule provides that on each legislative day during the Committee on Transportation and Infrastructure: Sub- period from April 27, 2013, through May 3, 2013: committee on Water Resources and Environment the Journal of the proceedings of the previous day held a hearing entitled ‘‘The President’s Fiscal Year shall be considered as approved; and the Chair may 2014 Budget: Administration Priorities for the U.S. at any time declare the House adjourned to meet at Army Corps of Engineers’’. Testimony was heard a date and time to be announced by the Chair in de- from Lieutenant General Thomas P. Bostick, Chief claring the adjournment. In Section 3, the rule pro- of Engineers; and Jo-Ellen Darcy, Assistant Secretary vides that the Speaker may appoint Members to per- of the Army, Civil Works. form the duties of the Chair for the duration of the period addressed by section 2 of the resolution. In EXAMINING THE IMPLICATIONS OF THE Section 4, the rule provides that the Committee on AFFORDABLE CARE ACT ON VA Education and the Workforce may, at any time be- HEALTHCARE fore 5 p.m. on Tuesday, April 30, 2013, file a report Committee on Veterans’ Affairs: Full Committee held a to accompany H.R. 1406. Testimony was heard from hearing entitled ‘‘Examining the Implications of the Chairman Hastings (WA) and Representatives Holt, Affordable Care Act on VA Healthcare’’. Testimony Lamborn, and Dent. was heard from Robert A. Petzel, M.D., Under Sec- retary for Health Veterans, Health Administration, NEXT GENERATION COMPUTING AND BIG Department of Veterans Affairs; and Lisa Zarlenga, DATA ANALYTICS Tax Legislative Counsel, Department of the Treas- Committee on Science, Space, and Technology: Sub- ury. committee on Technology and Subcommittee on Re- MISCELLANEOUS MEASURE search held a joint hearing entitled ‘‘Next Genera- tion Computing and Big Data Analytics’’. Testi- Committee on Ways and Means: Full Committee held mony was heard from public witnesses. a markup on H.R. 807, the ‘‘Full Faith and Credit Act’’. The bill was ordered reported, as amended.

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settlement of certain claims under the Alaska Native Joint Meetings Claims Settlement Act, S. 341, to designate certain lands LONG-TERM UNEMPLOYMENT in San Miguel, Ouray, and San Juan Counties, Colorado, as wilderness, S. 342, to designate the Pine Forest Range Joint Economic Committee: Committee concluded a Wilderness area in Humboldt County, Nevada, S. 353, to hearing to examine long-term unemployment, focus- designate certain land in the State of Oregon as wilder- ing on consequences and solutions, after receiving ness, to make additional wild and scenic river designa- testimony from Randy R. Johnson, Workforce De- tions in the State of Oregon, S. 360, to amend the Public velopment, Inc., Rochester, Minnesota; Keith Hall, Lands Corps Act of 1993 to expand the authorization of George Mason University Mercatus Center, Arling- the Secretaries of Agriculture, Commerce, and the Interior ton, Virginia; and Harry J. Holzer, Georgetown to provide service opportunities for young Americans; University, and Kevin A. Hassett, American Enter- help restore the nation’s natural, cultural, historic, archae- prise Institute, both of Washington, D.C. ological, recreational and scenic resources; train a new f generation of public land managers and enthusiasts; and promote the value of public service, S. 366, to amend the COMMITTEE MEETINGS FOR THURSDAY, Omnibus Budget Reconciliation Act of 1993 to require APRIL 25, 2013 the Bureau of Land Management to provide a claimant of (Committee meetings are open unless otherwise indicated) a small miner waiver from claim maintenance fees with a period of 60 days after written receipt of 1 or more de- Senate fects is provided to the claimant by registered mail to Committee on Appropriations: Subcommittee on Com- cure the 1 or more defects or pay the claim maintenance merce, Justice, Science, and Related Agencies, to hold fee, S. 368, to reauthorize the Federal Land Transaction hearings to examine proposed budget estimates for fiscal Facilitation Act, S. 447, to provide for the conveyance of year 2014 for the National Aeronautics and Space Ad- certain cemeteries that are located on National Forest Sys- ministration, 9:30 a.m., SD–192. tem land in Black Hills National Forest, South Dakota, Committee on Armed Services: to hold hearings to examine S. 609, to authorize the Secretary of the Interior to con- the Department of the Navy in review of the Defense Au- vey certain Federal land in San Juan County, New Mex- thorization Request for fiscal year 2014 and the Future ico, S. 736, to establish a maximum amount for special Years Defense Program; with the possibility of a closed use permit fees applicable to certain cabins on National session in SVC–217 following the open session, 8:30 Forest System land in the State of Alaska, and S. 757, to a.m., SD–106. provide for the implementation of the multispecies habi- Committee on Energy and Natural Resources: to hold hear- tat conservation plan for the Virgin River, Nevada, and ings to examine drought and the effect on energy and Lincoln County, Nevada, to extend the authority to pur- water management decisions, 10 a.m., SD–366. chase certain parcels of public land, 2:30 p.m., SD–366. Subcommittee on Public Lands, Forests, and Mining, Committee on Foreign Relations: Subcommittee on East to hold hearings to examine S. 27, to clarify authority Asian and Pacific Affairs, to hold hearings to examine re- granted under the Act entitled ‘‘An Act to define the ex- balance to Asia II, focusing on security, defense, coopera- terior boundary of the Uintah and Ouray Indian Reserva- tion, and challenges, 2 p.m., SD–419. tion in the State of Utah’’, S. 28, to provide for the con- Committee on the Judiciary: business meeting to consider veyance of a small parcel of National Forest System land S. 607, to improve the provisions relating to the privacy in the Uinta-Wasatch-Cache National Forest in Utah to of electronic communications, and S. 744, to provide for Brigham Young University, S. 159, to designate the comprehensive immigration reform, 9:30 a.m., SD–226. Wovoka Wilderness and provide for certain land convey- Select Committee on Intelligence: to hold closed hearings to ances in Lyon County, Nevada, S. 241, to establish the examine certain intelligence matters, 2:30 p.m., SH–219. Rio Grande del Norte National Conservation Area in the State of New Mexico, S. 255, to withdraw certain Federal House land and interests in that land from location, entry, and patent under the mining laws and disposition under the Committee on Appropriations, Subcommittee on Interior, mineral and geothermal leasing laws, S. 256, to amend Environment, and Related Agencies, American Indian Public Law 93–435 with respect to the Northern Mariana and Alaska Native Public Witness Hearing, 9:30 a.m., Islands, providing parity with Guam, the Virgin Islands, B–308 Rayburn. and American Samoa, S. 258, to amend the Federal Land Subcommittee on Agriculture, Rural Development, Policy and Management Act of 1976 to improve the FDA, and Related Agencies, hearing on USDA Farm and management of grazing leases and permits, S. 312, to ad- Foreign Agricultural Services, 10 a.m., 2362–A Rayburn. just the boundary of the Carson National Forest, New Subcommittee on Defense, hearing on oversight Mexico, S. 327, to authorize the Secretary of Agriculture AFRICOM, 10 a.m., H–140 Capitol. This is a closed and the Secretary of the Interior to enter into cooperative hearing. agreements with State foresters authorizing State foresters Subcommittee on Financial Services and General Gov- to provide certain forest, rangeland, and watershed res- ernment, hearing on the Department of Treasury Budget, toration and protection services, S. 340, to provide for the 10 a.m., 2359 Rayburn.

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Subcommittee on Labor, Health and Human Services, Water Rights, Job Creation and Recreation: A Local Per- and Education, hearing on the Department of Health and spective’’, 10 a.m., 1334 Longworth. Human Service Budget, 10 a.m., 2358–C Rayburn. Subcommittee on Fisheries, Wildlife, Oceans, and In- Subcommittee on Transportation, Housing and Urban sular Affairs, hearing on H.R. 638, the ‘‘National Wild- Development, hearing on the Federal Railroad Adminis- life Refuge Review Act of 2013’’; H.R. 1300, to amend tration Budget, 10:30 a.m., 2358–A Rayburn. the Fish and Wildlife Act of 1956 to reauthorize the vol- Subcommittee on Interior, Environment, and Related unteer programs and community partnerships for the ben- Agencies, American Indian and Alaska Native Public efit of national wildlife refuges, and for other purposes; Witness Hearing, 1 p.m., B–308 Rayburn. and H.R. 1384, the ‘‘Wildlife Refuge System Conserva- Committee on Armed Services, Full Committee, hearing tion Semipostal Stamp Act of 2013’’, 1 p.m., 1334 Long- entitled ‘‘Fiscal Year 2014 National Defense Authoriza- worth. tion Budget Request from the Department of the Army’’, Subcommittee on Energy and Mineral Resources, hear- 10 a.m., 2118 Rayburn. ing on H.R. 1613, the ‘‘Outer Continental Shelf Trans- Subcommittee on Oversight and Investigations, hearing boundary Hydrocarbon Agreements Authorization Act’’; entitled ‘‘Transitioning to Afghan Security Lead: Pro- and legislation regarding the U.S.-Mexico Transboundary tecting Afghan Women?’’, 2 p.m., 2118 Rayburn. Hydrocarbon Agreement and Steps Needed for Imple- Subcommittee on Strategic Forces, hearing entitled mentation, 10 a.m., 1324 Longworth. ‘‘Fiscal Year 2014 National Defense Authorization Budg- Committee on Oversight and Government Reform, Sub- et Request for National Security Space Activities’’, 3:30 committee on National Security, hearing entitled ‘‘Over- p.m., 2212 Rayburn. sight of the Federal Government’s Procurement of Am- Committee on Energy and Commerce, Subcommittee on munition’’, 10 a.m., 2154 Rayburn. Health, hearing entitled ‘‘Securing Our Nation’s Prescrip- Subcommittee on Energy Policy, Health Care and En- tion Drug Supply Chain’’, 10 a.m., 2322 Rayburn. titlements, hearing entitled ‘‘Examining the Lack of Subcommittee on Communications and Technology, Transparency and Consumer Driven Market Forces in hearing entitled ‘‘The Lifeline Fund: Money Well U.S. Health Care’’, 10:30 a.m., 2247 Rayburn. Spent?’’, 10:30 a.m., 2123 Rayburn. Committee on Science, Space, and Technology, Subcommittee Committee on Foreign Affairs, Full Committee, hearing on Environment, hearing entitled ‘‘Policy Relevant Cli- entitled ‘‘The FY 2014 Budget Request: U.S. Foreign As- mate Issues in Context’’, 10 a.m., 2318 Rayburn. sistance Priorities and Strategy’’, 9:45 a.m., 2172 Ray- Committee on Small Business, Subcommittee on Con- burn. tracting and Workforce, hearing entitled ‘‘Help Wanted: Subcommittee on Asia and the Pacific, markup on The Small Business STEM Workforce Shortage and Im- H.R. 419, the ‘‘Taiwan Policy Act of 2013’’, 2 p.m., migration Reform’’, 10 a.m., 2360 Rayburn. 2255 Rayburn. Committee on Transportation and Infrastructure, Sub- Subcommittee on Terrorism, Nonproliferation, and committee on Highways and Transit, hearing entitled Trade, hearing entitled ‘‘Natural Gas Exports: Economic ‘‘Implementing MAP–21: The State and Local Perspec- and Geopolitical Opportunities’’, 2 p.m., 2200 Rayburn. tive’’, 10 a.m., 2167 Rayburn. Committee on Homeland Security, Subcommittee on Committee on Veterans’ Affairs, Subcommittee on Eco- Counterterrorism and Intelligence, hearing entitled nomic Opportunity, markup of the following legislation: ‘‘Counterterrorism Efforts to Combat a Chemical, Biologi- H.R. 357, the ‘‘GI Bill Tuition Fairness Act of 2013’’; cal, Radiological, and Nuclear (CBRN) Attack on the H.R. 562, the ‘‘VRAP Extension Act of 2013’’; H.R. Homeland’’, 10 a.m., 311 Cannon. 631, the ‘‘Servicemembers’ Choice in Transition Act of Subcommittee on Cybersecurity, Infrastructure Protec- 2013’’; H.R. 844, the ‘‘VetSuccess Enhancement Act’’; tion, and Security Technologies, hearing entitled ‘‘Strik- H.R. 1305, to amend title 38, United States Code, to ing the Right Balance: Protecting Our Nation’s Critical provide clarification regarding eligibility for services Infrastructure from Cyber Attack and Ensuring Privacy under the Homeless Veterans Reintegration Program; and Civil Liberties’’, 2 p.m., 311 Cannon. H.R. 1316, to amend title 38, United States Code, to Committee on the Judiciary, Subcommittee on Crime, specify the responsibilities of the Directors and Assistant Terrorism, Homeland Security and Investigations, hearing Directors of Veterans’ Employment and Training; H.R. entitled ‘‘The Electronic Communications Privacy Act 1402, the ‘‘Veterans Paralympic Act of 2013’’; H.R. (ECPA), Part 2: Geolocation Privacy and Surveillance’’, 1412, the ‘‘Improving Job Opportunities for Veterans Act 10 a.m., 2141 Rayburn. of 2013’’; and H.R. 1453, the ‘‘Work-Study for Student Subcommittee on Constitution and Civil Justice, hear- Veterans’’, 10 a.m., 334 Cannon. ing on H.J. Res. 40, the ‘‘Victims’ Rights Amendment’’, Subcommittee on Disability Assistance and Memorial 11:30 a.m., 2237 Rayburn. Affairs, markup of the following legislation: H.R. 569, Subcommittee on Courts, Intellectual Property and the the ‘‘Veterans’ Compensation Cost-of-Living Adjustment Internet, hearing entitled ‘‘An Examination of the Judi- Act of 2013’’; H.R. 570, the ‘‘American Heroes COLA cial Conduct and Disability System’’, 1:30 p.m., 2141 Act’’; H.R. 671, the ‘‘Ruth Moore Act of 2013’’; H.R. Rayburn. 894, to amend title 38, United States Code, to improve Committee on Natural Resources, Subcommittee on Water the supervision of fiduciaries of veterans under the laws and Power, hearing entitled ‘‘Federal Impediments to administered by the Secretary of Veterans Affairs; and

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H.R. 1405, to amend title 38, United States Code, to re- Subcommittee on Oversight, hearing entitled ‘‘Internal quire the Secretary of Veterans Affairs to include an ap- Revenue Service Operations and the 2013 Tax Return peals form in any notice of decision issued for the denial Filing Season’’, 2:30 p.m., 1100 Longworth. of a benefit sought, 3 p.m., 334 Cannon. House Permanent Select Committee on Intelligence, Full Committee on Ways and Means, Full Committee, hearing Committee, hearing entitled ‘‘Ongoing Intelligence Ac- entitled ‘‘Tax Reform and Residential Real Estate’’, 9:30 tivities’’, 10 a.m., HVC–304. This is a closed hearing. a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, April 25 10 a.m., Thursday, April 25

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 527— morning business (not to extend beyond 10:30 a.m.), Sen- Responsible Helium Administration and Stewardship Act ate will recess for one hour to allow for a Senators-only (Subject to a Rule). briefing. When the Senate reconvenes, Senate will con- tinue consideration of S. 743, Marketplace Fairness Act. The filing deadline for first-degree amendments to the bill is at 1 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Lee, Barbara, Calif., E525, E530 Nugent, Richard B., Fla., E529 Lewis, John, Ga., E532, E540 Nunes, Devin, Calif., E533 Bordallo, Madeleine Z., Guam, E536 Long, Billy, Mo., E529, E531, E534, E539, E540 Perlmutter, Ed, Colo., E526, E529, E530, E531, E532, Calvert, Ken, Calif., E539 Lowey, Nita M., N.Y., E531 E533, E535, E537, E538, E540 Coffman, Mike, Colo., E529 Lujan Grisham, Michelle, N.M., E528 Rangel, Charles B., N.Y., E531 Eshoo, Anna G., Calif., E534 McCarthy, Carolyn, N.Y., E525, E527 Ruppersberger, C.A. Dutch, Md., E526 Graves, Sam, Mo., E527, E528, E529, E530, E532, E532, McIntyre, Mike, N.C., E529 Schiff, Adam B., Calif., E525 E533, E535 Maffei, Daniel B., N.Y., E539 Scott, Robert C. ‘‘Bobby’’, Va., E533 Grimm, Michael G., N.Y., E538 Maloney, Carolyn B., N.Y., E532 Smith, Christopher H., N.J., E530, E536, E537, E540 Hartzler, Vicky, Mo., E537 Marchant, Kenny, Tex., E528 Southerland, Steve II, Fla., E525 Holt, Rush, N.J., E537 Markey, Edward J., Mass., E527 Walz, Timothy J., Minn., E538 Israel, Steve, N.Y., E526 Neal, Richard E., Mass., E527 Waxman, Henry A., Calif., E539

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