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, TUESDAY, APRIL 16, 2013 No. 51 Senate The Senate met at 10 a.m. and was Safe Communities, Safe Schools Act, the Senate through our wonderful called to order by the President pro with the time until the recess for the Chaplain, he basically said it all. We tempore (Mr. LEAHY). caucus meetings for debate only. are still reeling from the senseless vio- The Senate will recess from 12:30 p.m. lence at the Boston Marathon yester- PRAYER until 2:15 p.m. to allow for the weekly day. The one thing, though, we are The Chaplain, Dr. Barry C. Black, of- caucus meetings. united in is sympathy for the victims fered the following prayer: Today we will continue to work on a of this senseless attack and the fami- Let us pray. path forward to consider amendments lies of the victims who are suffering Eternal Lord God, the explosions at to the gun safety bill. Currently, the today. the Boston Marathon remind us that Manchin-Toomey amendment on back- Adding to the horror of this tragedy we live in a dangerous world and that ground checks is pending to the bill. are the questions of who did this and human life, regardless of the level of Senators will be notified when any why. The Federal Bureau of Investiga- physical excellence, is fragile. The votes are scheduled. tion and the Department of Homeland knowledge that You, O God, can bring I suggest the absence of a quorum. Security are investigating this attack order from chaos inspires us to number The PRESIDING OFFICER (Mr. as aggressively as possible. our days so that we may have hearts of KING). The clerk will call the roll. As the President said last night, rest wisdom. Use our lawmakers as instru- The legislative clerk proceeded to assured that the perpetrators will feel ments of Your Providence. May they call the roll. the full weight of justice for this ter- labor with such faithfulness and integ- Mr. REID. Mr. President, I ask unan- rible crime. imous consent that the order for the rity that You will surround them and f our Nation with the shield of Your quorum call be rescinded. favor. Remind them that it is better to The PRESIDING OFFICER. Without ANTI-GUN VIOLENCE fail in a cause that will ultimately suc- objection, it is so ordered. Mr. REID. Mr. President, on the anti- ceed than to succeed in a cause that f gun violence legislation before the Sen- will ultimately fail. MEASURES PLACED ON THE ate, we are making good progress in We pray in Your merciful Name. CALENDAR—S. 729 AND S. 730 the effort to schedule a series of votes Amen. on amendments. Mr. REID. Mr. President, there are f I have had constructive conversa- two bills at the desk due for a second tions with my Republican counterpart, PLEDGE OF ALLEGIANCE reading. I would ask, if it is appro- Senator MCCONNELL. The President pro tempore led the priate, for the clerk to report whatever The American people deserve to Pledge of Allegiance, as follows: the Chair advises. know where we stand on these impor- I pledge allegiance to the Flag of the The PRESIDING OFFICER. The tant antiviolence proposals. There are United States of America, and to the Repub- clerk will read the titles of the bills for disagreements as to what we should do lic for which it stands, one nation under God, a second time. with gun legislation, if anything, and I indivisible, with liberty and justice for all. The legislative clerk read as follows: understand that. We have already f A bill (S. 729) to protect law abiding citi- spent a week and a half on this legisla- RECOGNITION OF THE MAJORITY zens by preventing criminals from obtaining firearms. tion, so it is time to begin processing LEADER A bill (S. 730) to prevent criminals from ob- these amendments. The PRESIDENT pro tempore. The taining firearms through straw purchasing I hope we will be able to reach an majority leader is recognized. and trafficking. agreement earlier rather than later— hopefully, sometime by early after- f Mr. REID. Mr. President, I would ob- ject to any further proceedings on noon—to hold votes on a number of SCHEDULE these two bills at this time. amendments, including both Demo- Mr. REID. Mr. President, following The PRESIDING OFFICER. Objec- cratic and Republican amendments. any leader remarks the Senate will be tion having been heard, the bills will be That series of votes would include a in a period of morning business for an placed on the calendar. number of issues, not the least of hour. The majority will control the f which is the compromise background first half, the Republicans the final check proposal crafted by Senators half. BOSTON MARATHON VIOLENCE MANCHIN, TOOMEY, KIRK, and SCHUMER. Following morning business the Sen- Mr. REID. Mr. President, in the pray- This bipartisan measure has the sup- ate will resume consideration of the er given to the American people and to port of antiviolence advocates and law

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

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With the passage of time, bling in light of the numerous national members. however, and the vigilant efforts of our studies showing that for every six stu- The measure would keep guns out of military, intelligence, and law enforce- dents who are not reading proficiently the hands of dangerous criminals by re- ment professionals, I think it is safe to by third grade, one will not graduate. quiring background checks for private say for many the complacency that Across the United States, research gun sales at gun shows and over the prevailed prior to September 11 has ac- has shown that students in schools Internet. tually returned. So we are newly re- with good school libraries learn more, Mr. President, whether you are from minded that serious threats to our way get better grades, and score higher on a pro-gun State such as Vermont or of life remain. standardized tests than their peers in Nevada—even in those States, huge Today, again, we recommit ourselves schools without libraries. amounts, huge numbers of people sup- to the fight against terrorism at home We have a program, the qualified port this legislation. Nationwide, about and abroad. zone academy bonds, that is available 90 percent of the people support this Another point: As always, we marvel to help school districts in areas such as legislation, including 75 percent of at the courage and the selflessness of improving their libraries. Since 2001 NRA members. those who rushed to the scene after Baltimore City has used those funds. So I am optimistic and hopeful that yesterday’s blasts. In moments like Recently we extended the program cooperation from both sides will con- this, we see the worst of humanity and through 2013. Academy bonds are im- tinue and that victims of gun violence the best of our fellow citizens: whether portant, but much more needs to be will get the debate and votes they de- it was the exhausted marathoners who done to help our students. Let me share with my colleagues a serve, including pro-gun advocates who became helpers and healers the mo- wonderful initiative, the Baltimore El- want votes of their own liking. ment they realized what had happened; ementary and Middle School Library So I hope we can move forward. It the doctors and nurses who had ex- Project, which is leveraging academy would be a shame if we got into a pro- pected the usual marathon day uptick bonds and bringing in additional part- cedural hassle on all this stuff. We in cases of dehydration or exhaustion ners to maximize the resources avail- want to debate the issues. And as I but who spent the rest of their day able for hard-pressed schools and stu- have indicated to the Republican lead- handling far worse; or the first re- dents. The Harry and Jeanette er, we are not trying to cut off amend- sponders and law enforcement officials Weinberg Foundation is spearheading ments. The ones we agree to start de- who rushed to the scene with total dis- this initiative. The Weinberg Founda- bating, that is not a limit as to what regard for their own safety, including tion is one of the largest private chari- we are going to do. I want to have a those who tore down a fence to get to table foundations in the United States. full, complete debate on guns, and we the wounded before they were even The Weinberg Foundation provides ap- will carry this on just as long as pos- sure the area was safe. proximately $100 million each year to sible. We honor all of them today. nonprofits that provide direct services f Those responsible for this act of ter- to low-income and vulnerable individ- ror will be brought to justice for their RECOGNITION OF THE MINORITY uals and families, primarily in the deeds. But today our thoughts are LEADER United States and Israel. Since 1990 the mainly with the victims, their fami- foundation has made grants totaling The PRESIDING OFFICER. The Re- lies, and friends—and all those whose $1.6 billion—that is billion with a ‘‘b.’’ publican leader is recognized. lives have suddenly been turned upside The foundation was created by Harry f down by the wicked designs of those re- Weinberg. His family emigrated from BOSTON MARATHON ATTACKS sponsible. For most of us, it is hard to Eastern Europe to the United States in imagine how anyone could even con- 1911. Harry Weinberg began his life in Mr. MCCONNELL. Mr. President, template doing something like this. poverty, but he eventually built a today the thoughts of every American But, as always, as a nation, we will transportation empire which extended are with the people of Boston but espe- face this sad reality head on and show into real estate. The fortune Harry cially with the many victims of yester- the world that America does not cower Weinberg amassed now has grown to day’s horrendous attacks and their in the face of it. more than $2 billion. These are the as- families. Mr. President, I yield the floor. sets behind the Weinberg Foundation’s Many who were looking forward to grant-making. celebrating the achievement of a loved f Senator MIKULSKI and I are very one yesterday woke up to the grim re- RESERVATION OF LEADER TIME proud that the Weinberg Foundation is ality of facing the rest of their lives The PRESIDING OFFICER. Under based in our Baltimore City. I knew with a disfiguring injury. For them, Harry Weinberg. I know the Weinberg yesterday’s attacks were the beginning the previous order, the leadership time is reserved. family. I am very fortunate to have of a long and difficult journey. Three that relationship. The foundation has others who lined up to encourage oth- f helped so many people, particularly in ers, including an 8-year-old boy who MORNING BUSINESS affordable housing, immigrant serv- was there to cheer on his dad at the ices, poverty issues, and humanitarian The PRESIDING OFFICER. Under finish line, lost their lives in the blast. needs. We pray in a special way for these the previous order, the Senate will be I would like to acknowledge the role families. in a period of morning business for 1 my former State director, Bailey Fine, As the President said yesterday, the hour, with Senators permitted to speak has played with the Weinberg Founda- two parties stand united today in our therein for up to 10 minutes each, with tion. deepest sympathy for all those who the time equally divided and controlled I could list dozens of major chari- were affected firsthand by these hei- between the two leaders or their des- table projects and initiatives that bear nous attacks and in our unshakable— ignees, with the majority controlling the name of the Weinberg Foundation, unshakable—resolve to bring those re- the first half. including a $10-million grant to fund sponsible, and any others who are con- The Senator from Maryland. emergency services for Holocaust sur- templating acts like this, to justice. f vivors in North America; a $9.6 million These horrific attacks are a grim re- commitment to make Maryland a minder of the hatred and contempt LIBRARY PROJECT model for care of lower income, older that many continue to harbor in their Mr. CARDIN. Mr. President, Balti- adults; a $3 million investment in af- hearts not only for our Nation and its more, like many other major cities, fordable housing for persons with dis- freedoms but for innocent human life. has struggled to educate its children. abilities, which includes a joint ven- On 9/11 we were forever disabused of the Recent statistics indicate that the ture with the State of Maryland—the

VerDate Mar 15 2010 23:39 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.001 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2659 first of its kind in the Nation. The first three libraries and involve stu- and facilities support in the creation of new Weinberg Foundation also has stepped dents, teachers, and community mem- and newly renovated school libraries that up in times of global crisis, providing bers. will contribute to 21st-century learning and millions of dollars of relief grants in In addition to supplying books as position students for success. the wake of Hurricanes Katrina and part of each renovation, the Weinberg ANNIE E. CASEY FOUNDATION Sandy and emergency funding for hu- Foundation and its partners wanted to Advisory Committee Member. manitarian efforts following the Haiti do even more to equip these new spaces ART WITH A HEART earthquake in 2010 and the Indian with the gift and adventure of reading. For the Library Project, Art with a Heart Ocean tsunami in 2004. As part of the first year of the library will work with volunteers to create a mosaic In 2011 the Weinberg Foundation project, the foundation launched a for each of the three schools. All of the mo- joined forces with a group of innova- huge book drive with more than 40 saics will incorporate the Library Project tive and committed individuals to ini- logo, however, each mosaic will be personal- partners and 100 pickup locations. It ized to reflect the individual school commu- tiate a simple vision: transform Balti- was clear that my fellow Marylanders nity. more City school libraries to create were eager to contribute directly to ASSOCIATION OF BALTIMORE AREA larger, lasting change by increasing lit- this project, donating some 13,000 GRANTMAKERS eracy rates and inspiring students. books valued at over $75,000. ABAG will publicize the library effort to Words such as ‘‘partnership’’ and ‘‘col- I share the story with my colleagues ABAG members, particularly the Education laboration’’ are often overused, but and the rest of the country because, Funders Affinity Group, through ABAG’s these concepts are central to the li- just like a favorite book, it should be monthly Members’ Memo, website, and so- brary project, a real-world demonstra- shared. The library project goes beyond cial media. ABAG will write a Daily Record tion of the power of combining re- funding, blueprints, bright new designs, article, and will be helpful in other ways sources directed toward a common and even state-of-the-art learning tech- identified over the life of the initiative. goal. nologies. These libraries will improve BALTIMORE COMMUNITY FOUNDATION To date, with the help of more than reading and learning opportunities for The Baltimore Community Foundation en- 30 government, nongovernment, and countless children, helping to break courages its donors to participate in the Li- community partners and individuals, the grinding cycle of poverty by pro- brary Project, which fits into BCF’s overall many who have traveled to Washington viding young people with the hope and vision for successful schools and successful students. The Library Project is a prime ex- today, the library project has gone far the tools for success in life. beyond a simple makeover by creating ample of how a foundation can attract pri- As I said, this is a story that needs to vate sector partners to address a public need, completely transformed, well-designed, be shared. The devoted officers and inviting businesses and individuals to find well-equipped spaces that send a simple staff of the Harry and Jeanette ways to join together in promising Balti- but powerful message to young stu- Weinberg Foundation and all the other more’s youth a brighter future. dents in Baltimore City: They deserve participants in the library project BALTIMORE EDUCATION RESEARCH CONSTORTIUM the best. The Weinberg Foundation and would welcome the opportunity to tell (BERC) its partners believe this manuscript for this marvelous tale over and over and In relation to the Baltimore Library meaningful change can be applied to see it duplicated across the country. Project, BERC will examine the change expe- any city where people from nonprofits Time constraints prevent me from rienced at the first three library openings at and public and private entities are will- talking about all of the partners in the Moravia Park Elementary, Southwest Balti- ing to focus on a plan and then roll up library project. I mentioned the Fed- more Charter, and Thomas Johnson Elemen- tary/Middle School. their sleeves to make it happen. eral partners, and I have highlighted The first of these refurbished librar- the Weinberg Foundation’s lead role, BALTIMORE READS ies was dedicated in the fall of 2012. I but everyone involved deserves rec- Baltimore Reads assures that teachers was privileged to be able to visit and ognition and our heartfelt thanks. have classroom libraries and that students receive books that they may take home. The see firsthand how impressive this refur- I ask unanimous consent that the list bished library is. Three more are sched- Library Project complements the work of of the other partners and the descrip- the Baltimore Reads’ Book Bank, which col- uled to open this fall, with a total of 12 tions of their contributions be printed lects and redistributes children’s books all planned through 2015. The Weinberg in the RECORD. over the Baltimore region at no cost to re- Foundation has supported 30 percent of There being no objection, the mate- cipients. the capital project cost, is providing 4 rial was ordered to be printed in the BALTIMORE SUN years of additional staff support and RECORD, as follows: The Baltimore Sun commitment at this professional development funds for the FEDERAL/STATE FUNDING time will be to deliver 25 papers each day (M- library. The Weinberg Foundation’s In 2001, Baltimore City Public Schools F) to each of the first six schools. The value support also goes to fund new books, up began applying for Qualified Zone Academy of the papers for a year at full retail price is to 4,000 per space. Overall, the founda- Bond (QZAB) funds that are used for the ren- $11,700, a total of $70,200 for all six schools! tion has made a $5 million, 4-year com- ovation of public school libraries. The QZAB BARNES AND NOBLE mitment to this initiative, and the funds renovate the physical space at each lo- Barnes and Noble will provide 400 Nook children of Baltimore will benefit. cation and ensure proper configuration, envi- digital devices and Certified Pre-Owned Each transformed library features ronmental abatement, quality air control, Nook digital devices, at special discounted thousands of new books and the latest lighting, and flooring for a few approved li- prices for this project. Barnes and Noble will in learning technology, including new braries each year. To qualify for QZAB donate up to 20 hours of student and teacher computers and e-readers. As you can funds, the school must be located in either training per month to ensure that every user an Empowerment Zone or Enterprise Com- is comfortable with the technology. see from the photo I have brought to munity with 35% or more of its students eli- BOGDAN COMPUTER SERVICES the floor, these are very impressive gible for the free or reduced price meal pro- Bogdan Computer Services was responsible spaces and really go a long way to gram. for the design and implementation of the making them friendly places for stu- As of 2011, 53 City School libraries have Baltimore Library Project website. Its staff been renovated with $14.2 million in QZAB dents. has also been a tremendous asset in tech- funds and with more than $2.5 million of do- In addition to the direct educational nology purchases and book drive donations. benefits of these new spaces, one of the nated in-kind volunteer hours. City Schools COMCAST goals of the library project is to help have also contributed an additional $8.5 mil- each transformed library become a hub lion for architectural/mechanical work, con- Previously Comcast has offered in-studio struction costs and furniture. The Baltimore and on location filming and interviews which for greater school community. Because Elementary and Middle School Library will be aired on CNN Headline News. This the Weinberg Foundation wants this Project has leveraged these funds and sponsorship package was valued at nearly project to be a successful model for brought in additional partners to maximize $100,000. Comcast will continue to review ad- years to come, it has partnered with additional resources for schools and stu- ditional ways to sponsor the Library Project. the Baltimore Education Research dents. CPS GUMPERT Consortium to evaluate the impact of BALTIMORE CITY PUBLIC SCHOOLS Partners in the Weinberg Library Project this space within the school commu- As a partner in the Library Project, the through the graphic design and printing of nity. Evaluations are underway at the district is providing guidance and academic event signage, promotional products, and

VerDate Mar 15 2010 23:39 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.003 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2660 CONGRESSIONAL RECORD — SENATE April 16, 2013 printed materials. We look forward to par- also help coordinate the efforts of other part- United Way of Central Maryland has joined ticipating in the program as it continues to ners donating technology and equipment to their call to help recruit one million readers, grow. ensure smooth coordination into the finished tutors and mentors and will launch a new DLA PIPER library. JRS Architects, Inc. will be donat- volunteer program: Read, Learn, Succeed ing the time required to coordinate the ef- this fall. We look forward to recruiting mem- Financial donation. forts of the partners in the three QZAB-fund- bers of the community to read to young chil- DYSLEXIA TUTORING PROGRAM ed projects. dren to fill in some of the volunteer gaps The mission of The Dyslexia Tutoring Pro- KIRK DESIGNS that exist in many local programs. gram is to provide free screening and reme- Kirk Designs Inc. will design and detail all VPC, INC. dial tutoring for low-income adults and chil- aspects of the library pertaining to selec- Handles all of the production and multi- dren throughout Maryland with dyslexia and tions for, but not limited to, lighting, floor- other language based learning differences. media content creation for Library Project ing, wall and window treatments as well as events. Volunteers take a free 20-hr training course all furnishings while creating a usable and WELLS FARGO in preparation for tutoring. The program exciting space for grades Pre-K through works to achieve the following: (1) Train Eight. Kirk Designs will interface with ven- Wells Fargo is proud to further its commit- teachers in Orton-Gillingham, a proven dors as well as provide and enforce a sched- ment to Baltimore City students by serving method of teaching reading, writing and ule for completion. Kirk Designs will be do- as the Baltimore Elementary and Middle spelling; (2) Tutor students that are accepted nating a substantial design cost for each School Library Project’s Financial Literacy into our program by providing free tutoring; project, approximately $15,000 per library. Partner. Their commitment will include a (3) Provide In-Service Workshops to school $20,000 donation to fund library technology KNOTT MECHANICAL staff to help identify potential students. thereby providing access to a world of infor- Knott Mechanical will provide for modi- ENOCH PRATT FREE LIBRARY mation including www.handsonbanking.com, fications to the libraries’ existing air dis- The Enoch Pratt Free Library will be a the online portal to its free financial lit- tribution systems including installation of eracy program. The company also commits major partner in the library project. Each el- new diffusers and low-pressure ductwork to ementary school library will include an its most valued resource, the time and talent conform with the new designs. Knott Me- of local Wells Fargo team members. Local ‘‘Enoch Pratt Parent Corner’’ with a com- chanical is one of the Baltimore metropoli- puter connecting parents to the Enoch Pratt team members will provide financial literacy tan area’s premier commercial HVAC and to members of the Weinberg Library commu- system. In addition, each library will have a plumbing service providers, serving more permanent loan collection on parenting nities, including teachers, students and their than 150 clients including Johns Hopkins and families. Additionally, through Wells Far- books and other appropriate adult literature. Comcast. Enoch Pratt will also provide four Family go’s Reading First program, team members MARYLAND FOOD BANK Reading Circle programs during the school will read aloud to Pre-K through 1st grade year. This six-week program brings a library Maryland Food Bank is happy to inves- classes to support early childhood literacy professional to the school, with high-quality tigate the implementation of their school and will then donate those books to the li- books and dinner for the group. Enoch Pratt pantry program in each of these school loca- brary. will also provide limited funding for students tions and can also help with summer feeding Mr. CARDIN. I yield the floor. programs when school is out of session. to take public transportation from their The PRESIDING OFFICER. The Sen- homes or from school to the closest Pratt Li- PARKS AND PEOPLE FOUNDATION ator from Virginia. brary. Finally, Enoch Pratt Free Library Parks & People will consider each ren- will host students from each school for field ovated library as a potential site for after f school and summer programming. Site as- trips to the central library each year. The COMMEMORATING VIRGINIA TECH estimated value of this partnership is $20,000 sessments for the first six libraries could per library, or $80,000 for the first four librar- amount to as much as $2,000 per site, or a SHOOTING ies. total of $12,000. For libraries that are deter- Mr. KAINE. Mr. President, I rise to FUND FOR EDUCATIONAL EXCELLENCE mined to be a fit for an after school or sum- perform a solemn duty today, which is mer program, services provided would range The Fund for Educational Excellence has to commemorate the shooting at Vir- from $5,000–$80,000 per site. The organization worked side by side with Baltimore City is also involved in green initiatives at each ginia Tech of 32 students and faculty Public Schools for over 25 years securing the school including asphalt removal and the members who were killed 6 years ago financial, human, and knowledge resources creation of reading gardens. today and many others who were in- necessary to support policy and practice re- jured: sulting in increased student achievement for RAISING A READER Baltimore City Public School students. On Raising A Reader is partnering with the Ross Alameddine, Jamie Bishop, this project the Fund serves as the fiscal Weinberg Foundation to provide library Brian Bluhm, Ryan Clark, Austin agent working as an intermediary between project schools with an opportunity to im- Michelle Cloyd, Jocelyne Couture- City Schools and the Harry and Jeanette plement the program in kindergarten class- Nowak, Daniel Alejandro Perez Cueva, Weinberg Foundation to ensure all grant dol- rooms. The partnership covers the cost of Kevin Granata, Matthew Gwaltney, lars are allocated to the project appro- training, materials and the financial support Caitlin Hammaren, Jeremy Herbstritt, priately. needed to implement Raising A Reader for Rachael Elizabeth Hill, Emily Hilscher, many of our youngest learners and their HEART OF AMERICA FOUNDATION families. Jarrett Lane, Matthew La Porte, HOA will coordinate the purchasing, sort- STATE OF MARYLAND/MARYLAND STATE Henry Lee, Liviu Librescu, G.V. ing, cataloging and delivery of brand new li- DEPARTMENT OF EDUCATION Loganathan, Partahi Mamora brary books for each school. In addition, to The State of Maryland, through The Mary- Halomoan Lumbantoruan, Lauren address the fact that as many as 61 percent McCain, Daniel O’Neil, Juan Ramon of children from low income families do not land State Department of Education will have any books in the home, HOA will pro- provide focused technical assistance by Ortiz-Ortiz, Minal Panchal, Erin Peter- vide three books per student for his or her working with the Manager for Library Media son, Michael Pohle, Julia Pryde, Mary home library. This year, HOA will deliver Services for the Baltimore City Public Karen Read, Reema Samaha, Waleed more than 9,800 library books in total and Schools to support the library/media special- Mohammed Shaalan, Leslie Sherman, over 4,800 take home books for the students ists in the Weinberg Library Project schools Maxine Turner, and Nichole White. for this project. with the incorporation of digital resources, the utilization of the MDK12 Digital Library, I read those names to honor those INCITE CREATIVE assistance with professional development who were killed and had their lives The firm’s focus group facilitation with needs, and with collection development. snuffed out on April 16, 2007. I acknowl- students and their parents helped guide their MSDE staff will also facilitate linkages with edge also that many students and fac- design and development of the Library public libraries to promote professional de- ulty members were injured. We have Project’s logo and overall identity. velopment opportunities and broaden access with us today both family members of JRS ARCHITECTS, INC to materials. During the transition to the those who are deceased and even some JRS Architects, Inc., as a consultant to new Maryland State Common Core Cur- students who were injured. I also honor riculum, MSDE staff will commit time and Baltimore City Public Schools, will work all in the Hokie, the Virginia Tech closely with Kirk Designs to incorporate the energy to supporting the work of the library/ media center specialists in providing assist- community that is very close, that elements of the concept plan into the archi- still suffers the wounds from this hor- tectural plans, including coordination of pro- ance to teachers who are engaged in inte- posed lighting and technology with elec- grating primary resources into their lessons. rible shooting. trical and data plans, incorporation of floor, UNITED WAY OF CENTRAL MARYLAND In the aftermath of the shooting at wall and window treatments into the con- As part of United Way Worldwide’s effort Virginia Tech 6 years ago today, we struction documents. JRS Architects will to cut the high school dropout rate in half, learned a lot. We learned that we have

VerDate Mar 15 2010 23:39 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.004 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2661 to make fixes to the mental health sys- killed because he bravely waited for Monday for most, I know he walked tem: that school security and safety is the other students to go out the win- into his class thinking about Yom incredibly important, that alert sys- dow first. HaShoah, perpetrators, victims, by- tems that can notify people when bad What heroism and bravery. Yet the standers, and heroes. He made a deci- things happen are incredibly impor- Liviu Librescu story is even more pow- sion, in the split second he heard shots tant. We also learned a tragic but im- erful than that because Liviu Librescu, being fired, to be a hero and to save portant lesson; that is, background the professor, was 76 years old—long others’ lives. record checks make us safer. The past retirement age. He had continued He survived the Holocaust, per- young, troubled individual with no to teach because he loved teaching. petrated by Nazi Germany, and anti- criminal record who committed those He was born in 1930 in Romania. Semitism in Romania. He survived the horrible crimes had a long history of When the Romanian Government be- persecution perpetrated in his country mental illness. He had been adju- came allied with Nazi Germany in 1940, by the Soviet Union. However, Liviu dicated mentally ill and dangerous. Be- because he was Jewish and his family Librescu could not survive the epi- cause of that adjudication, he was not was Jewish, he was subjected to the demic of gun violence in this country, supposed to be able to own or purchase persecution Jews in Romania were sub- the country which he adopted and weapons, but a flaw in the background jected to, his family was sent into loved. record check system kept that record forced labor camps, and Liviu Librescu In conclusion, I would encourage all from being entered into the national lived in a crowded ghetto in a Roma- of us to take a minute, Senators, staff, database. So when he decided and went nian city, being persecuted, but he pages, people in the gallery, members to purchase the weapons he used in came through the Holocaust as a sur- of the press, take a moment and ask committing this horrible homicide, he vivor. Many Jews, after the war, left yourselves would you do what Liviu was allowed to purchase them. Romania because of the persecution of Librescu did. Would you put your body In the immediate aftermath of the Jews, but it was Liviu Librescu’s home, against a door, allow yourself to be shooting, with the strong support of and he stayed. He went to a university, shot, and encourage others to be safe? the Virginia Tech families, we fixed and he became a world-renowned aero- Would you do that? Would we do this? that problem in the background record space engineer, and he continued to As I thought about this question, check. As Governor, I worked with my teach. being honest, I would say I hope I But now Romania fell under the in- Republican attorney general, the cur- would do that. I pray if it comes to fluence, as a puppet state, of the Soviet rent Governor of Virginia, Bob McDon- that I would act to protect others Union. He would not pledge allegiance nell. We fixed the background record ahead of myself. to the Communist Party. He would not check system that facilitated this If I am honest with myself, what I relinquish his tie to his Judaic faith. gruesome crime. Background records have to say is I don’t know whether I Because of that, he began to be sub- checks make us safer. The better the would do that. I don’t know whether I jected to persecution for a second time, system, the safer we are. would be a hero like Liviu Librescu. I I later went to my legislature and to be persecuted because of his reli- don’t know if I would have the courage gion, to be denied the ability to publish tried to get them to fix the background to do what Liviu Librescu did. articles or travel to academic con- record check in another way—by clos- The good news for those of us who ferences. Eventually, he lost his job at ing the gun show loophole, to require have the honor and blessing to serve in the university because of his Judaism records checks at gun shows. I failed in this Chamber is we do not need to put and because he was unwilling to take that task. I not only could not con- our body in front of bullets to keep the oath of allegiance to the Com- vince my legislature to do it, I could people safe. We do not need to put our munist Party. bodies in front of bullets to protect not even convince a single committee He was persona non grata in his home kids and protect students. All we need to report a bill out to the floor. country of Romania. However, people That is why I am so glad we are de- to do is have an infinitesimal portion in the outside world who knew of his bating on the floor meaningful fixes to of the courage Liviu Librescu had and scholarship never let go, and they con- cast votes. We need to cast votes on gun violence, including a fix to our tinued to speak on Liviu Librescu’s be- background record check system when half. He was eventually allowed, in the floor of this body to keep our com- it comes to gun shows or online pur- 1977, to emigrate to Israel. munity safer and to keep our children chases. I look forward to the debate, He lived in Israel for 8 years and re- safer. and I look forward to supporting the ceived a 1-year teaching fellowship at I have heard it said this will be a proposals that have been advanced by Virginia Tech in Blacksburg, VA. He hard vote. For 20 years there has not Senators MANCHIN and TOOMEY. came for 1 year and never left. He been a meaningful discussion of these I read the names, the 32 names of taught as a popular teacher and re- issues on the floor of the Senate be- those who were killed. As I conclude, I searcher in Blacksburg, VA, from 1985 cause interests are too powerful, the wish to take a couple of minutes to tell until the day he was killed in 2007. NRA is too powerful. It will be a vote the story of one of the individuals. This horrible day, April 16, 2007, which will be scored, and we need to I read the name of Liviu Librescu, started as a normal Monday for vir- worry about it. It will take courage. It who was a professor at Virginia Tech, a tually everyone who ended up sharing does not take courage, to any degree, professor of engineering. He was teach- the tragic fate. It was not a normal when we think about Liviu Librescu, ing a course in Norris Hall on the day day. It did not start as a normal day who saved his students. of this horrible tragedy, and as shots for Liviu Librescu. Liviu Librescu, as a Last week I met the daughter of rang out, he heard the shots. He went proud Jew, observed that day, from Mary Sherlach, who was the guidance to the door, and he barricaded the door sundown on the 15th of April, the counselor in Sandy Hook who ran to with his own body, and on the second evening before, until sundown on the save her students and was killed. When floor of Norris Hall, he told his stu- 16th of April, as Yom HaShoah, Holo- we think about the courage and her- dents to get out of the window and get caust and Heroism Memorial Day. oism shown by these individuals, what to the ground and get to safety. He Yom HaShoah, in the Jewish religion we are being asked to do on the floor of stood there against the door as Seung- since 1953, has been a day worldwide this body is the least we can do. Hui Cho, the shooter, fired repeated where Jews and their allies remember It is about heroism. We honor heroes rounds through the door, striking his the Holocaust, perpetrators, victims, such as Liviu Librescu. The people who body many times and eventually kill- and the bystanders—the bystanders put us in office expect us to have at ing him. But not until the last shot who wouldn’t do anything to stop the least a small measure of courage, a when he was killed did he stop saying atrocity. small measure of heroism. We owe it to to the students: Hurry. You have time. They also remember the heroism of those students and others who were You can get out of the window. And all those who fought against the Holo- shot, killed, and wounded at Virginia but one of Liviu Librescu’s students caust. Tech. We owe it to the people who were were able to get out of the window. One As Professor Librescu went to his killed or wounded in Newtown. I would student, Minal Panchal, ended up being class on this day, while it was a normal ask all my colleagues to reflect upon

VerDate Mar 15 2010 23:39 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.005 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2662 CONGRESSIONAL RECORD — SENATE April 16, 2013 the example of Professor Librescu and legislation I have been working on for how this amendment will infringe upon the heroism he showed as we debate some time. I know Senator KAINE has this right. I couldn’t disagree more. what might be a controversial proposal supported this as well. The issue is to This has been a common refrain on this week. look at campus safety. It has been one both sides of the aisle since we started Again, the blessing we have as Sen- of the top priorities of those victims of this conversation in December after ators is that we do not have to inter- the Virginia Tech massacre. the tragic events in Newtown. pose our bodies in the way of violence Those families who have spoken with If we are serious about achieving this to make a difference and make people me repeatedly, and with Senator KAINE goal, the Manchin-Toomey amendment safer. It is my wish we do that as we as well, said let’s at least make sure, if achieves a thoughtful, effective, and debate and vote in the coming days. a tragic event takes place on a college balanced approach to achieving our The PRESIDING OFFICER. The Sen- campus somewhere in America, there background check system. It strength- ator from Virginia. are ways we can learn from these trag- ens the instant check system of all Mr. WARNER. Mr. President, let me edies. States to put their information into first say I also am on the floor because So the CAMPUS Safety Act, which is the NICS, the National Instant Back- today is April 16, the sixth anniversary embedded in this legislation, will bring ground Check System. One of the out- of the horrible shootings at the campus together research and resources on growths we saw after the horrible trag- of Virginia Tech. I think every Vir- campus safety to strengthen training edy at Virginia Tech was so many ginian and every American—I can say and improve collaboration. Today, States, while they may have collected Virginians at least—remember when campus public safety officers are the this information, didn’t even put it we first received those news reports of only first responders who don’t have into the national database. the violence perpetrated by Seung-Hui access to Federal support to assist in One other amendment Senator Cho. sharing the best practices, relevant re- TOOMEY put forward would establish a I say to my colleague and friend, the search, and training opportunities. national commission on mass violence Senator from Virginia, in the 33 years The CAMPUS Safety Act, which re- to study all the causes of mass violence we have known each other I have val- ceived bipartisan support in the com- in our country, including school safety, ued his friendship and appreciate his mittee markup, seeks to address this mental health, issues about firearms, intellect, grace, and knowledge. There by consolidating scattered Federal ef- and also issues around some of the im- was never a moment I was prouder of forts into a national center for campus ages all of us and our children are ex- then-Governor TIM KAINE than those public safety housed within the Depart- posed to in television and film. moments after the tragedy. ment of Justice. This Center would not This amendment, combined with pro- I don’t know if in his comments he only provide a one-stop repository of visions to prevent gun trafficking and noted he had been on a trade mission in relevant research but also examples of our proposal to improve campus safety, Asia when these incidents happened. best practices. It would have an ability represents a reasonable path forward. He barely had landed when he turned to issue grants to colleges, univer- In our efforts to reduce violence—as around—he and his wife Anne—boarded sities, and nonprofit organizations to Senator KAINE has so eloquently stat- a plane and came back with virtually strengthen efforts to help make our ed—we are trying to ensure we don’t no rest. As a Governor you bear these campus community safer. have to create the kinds of heroes responsibilities in remarkable ways This kind of planning and training which took place 6 years ago on the when Virginians are hurt, and in those will help prevent future violence on our campus of Virginia Tech. days he spoke for all of us. campuses and will help improve re- Let me also add, as I am sure all my The words he said at the Virginia sponses in the event of another horrific colleagues will express, our hearts go Tech campus in the ceremony after- outbreak of violence on our campus or out to the families of the victims of the ward brought together the community other university. I am pleased our bi- most recent tragedy which took place and brought together our Common- partisan CAMPUS Safety Act is in- in Boston. I think I can relate, as a wealth. In many ways he spoke for our cluded in the discussions we are having former resident of Boston—and I know whole Nation, as he has so eloquently in this body in the coming days and Senator KAINE, former Governor KAINE, spoken this morning. I thank him for weeks. then-law student TIM KAINE—he and I what he did as a Virginian in those I wish to take a moment to speak first met at a law school in Boston—re- days afterward and thank him for the about a specific aspect of this debate membering Patriots’ Day in Boston, eloquent comments he made this morn- which will, I imagine, be coming up for when even if you were not going to run ing. a vote in the next few days. I stand be- in the marathon, the kind of joy that In the aftermath of the tragedy at fore my colleagues to say a few words swept through Boston on Patriots’ Virginia Tech, under the leadership of in support of the Manchin-Toomey Day. We all know Boston will be back. Governor KAINE, Virginia acted. We amendment we will most likely vote on We all saw those images yesterday of were within the legislature able to this week. Both Senators Manchin and the horrific tragedy. close the legal loophole which allowed Toomey have shown courage in work- I talked to a friend whose wife had Cho, who had been adjudicated men- ing together on what Senator KAINE literally finished the race 4 minutes be- tally unsound, we closed the loophole said is a difficult issue. I support the fore the bombing took place. If she had so he could no longer—or someone who bipartisan compromise on background finished 4 minutes later, he or his had been adjudicated in such a way—be checks they proposed. daughter or his wife might have been able to purchase firearms. In the after- Their amendment will strengthen our one of the victims of that tragedy. I math of the tragedy, then-Governor background check system, close the know, as a father, I called my daugh- KAINE appointed a nationally respected gun show loophole, and prohibit the ters last night to try to enforce how commission of experts to recognize commercial sale of guns to those who much I love them, how valuable life is, what happened and recognize ways we are seriously mentally ill or have a and how at any moment, whether in a might make all our colleges and uni- criminal record. Let me also say their classroom in Virginia Tech or running versities safer. amendment also contains appropriate the Boston Marathon, life can be This leads me to some of my com- exemptions so responsible gun owners snuffed out. ments this morning. We are about to will still be allowed to make direct I agree with Senator KAINE that in take on a debate around how we keep transactions between family and the coming days and weeks, as we have America and Americans safer in a way friends to ensure a father or grand- this debate, we are not going to be that also respects our constitutional father could pass that shotgun along to asked to make acts of courage; we are amendment of the right to keep and their son or daughter. simply going to be asked to do our job. bear arms. Our shared goal is to ensure we keep I believe the Manchin-Toomey amend- An underlying amendment of the bill guns out of the hands of the wrong peo- ment and the CAMPUS Safety Act are we are about to debate has at least one ple while respecting the basic constitu- part of our role and responsibility in part of the legislation which is rel- tional right to bear arms. I have been doing our job, and I hope we will be atively noncontroversial, a piece of disappointed by some who said some- able to act on that matter.

VerDate Mar 15 2010 23:39 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.006 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2663 With that, I yield the floor. The PRESIDING OFFICER. Without Manchin-Toomey bill. They must not The PRESIDING OFFICER (Ms. objection, it is so ordered. be telling him what he wants to hear. HIRONO). The Senator from Texas. f They don’t have the votes for back- f ground checks even though the Vice CONCLUSION OF MORNING BOSTON MARATHON BOMBINGS President has reportedly stated that BUSINESS the opposition to the proposal comes Mr. CORNYN. Madam President, yes- The PRESIDING OFFICER. Under only from the ‘‘black helicopter’’ terday afternoon we were reminded the previous order, morning business is crowd. that America faces determined enemies closed. Well, it doesn’t come from that willing to engage in barbaric acts f point. against innocent civilians—men, The Manchin-Toomey amendment women, and children. On Patriots’ SAFE COMMUNITIES, SAFE would impose new obligations on law- Day—a day that has always been a SCHOOLS ACT OF 2013 abiding gun owners. It would do so celebration of American heritage and even though expanding gun background American freedom—terrorist bombings The PRESIDING OFFICER. Under the previous order, the Senate will re- checks would have done nothing to took the lives of at least three people stop Newtown or other mass killings. standing near the finish line of the sume consideration of S. 649, which the clerk will report. It would do so even though expanding Boston Marathon, including an 8-year- background checks would do nothing old boy. His name was Martin Richard. The assistant legislative clerk read as follows: to prevent these killings in the future. He was watching runners complete the I often quote the Deputy Director of race alongside his family. His mother A bill (S. 649) to ensure that all individuals who should be prohibited from buying a fire- the National Institute of Justice, who and his sister also sustained injuries, recently wrote that background checks along with more than 150 other people. arm are listed in the national instant crimi- could work only if they were universal We still don’t know who is respon- nal background check system and require a sible for this terrible atrocity, but we background check for every firearm sale, and and were accompanied by gun registra- for other purposes. do know the people of Boston re- tion. Of course, most Members of the sponded to this attack with courage Pending: Senate oppose gun registration. They and compassion. As the smoke rose, Manchin amendment No. 715, to protect know what has happened historically the American people saw their fellow Second Amendment rights, ensure that all with gun registration. In other coun- citizens running toward—not away but individuals who should be prohibited from tries it has led to gun confiscation, and toward—the scene of the blast. From buying a firearm are listed in the National Members of the Senate—but more im- Instant Criminal Background Check System, the police officers and the first re- portantly, lots of people appearing at and provide a responsible and consistent our town meetings—fear that could sponders who secured the bomb site background check process. and loaded the injured into ambulances happen and don’t want to go down that to the marathon participants who lit- The PRESIDING OFFICER. Under road. erally ran to hospitals to donate blood, the previous order, the time until 12:30 Supporters of the background check to the doctors and other medical pro- p.m. will be for debate only. amendment claim that it strengthens fessionals who performed emergency The Senator from Iowa. the rights of gun owners; but, in fact, it lifesaving treatments on the victims, Mr. GRASSLEY. Mr. President, I am does not. The fact is the opposite is to the Boston area residents who glad we are proceeding on this very im- true. Opposition to the amendment opened their homes to those who had portant legislation. The American peo- does not come from the fringe elements been left stranded, this attack brought ple might be wondering why the Senate of society. In fact, one of the reasons out the very best in our country. has not been voting on any amend- the Senate has not voted on the In fact, in the immediate aftermath ments to the pending gun legislation. amendment is the widespread opposi- of the bombing, so many people rushed The Senate voted on Thursday to tion to the amendment from many to donate blood, the Red Cross literally proceed to the bill. This followed calls quarters. If only fringe elements had had to turn them away. Dr. Richard that the Senate should debate the bill, problems with it, we would be voting Wolfe, the head of the emergency medi- and that is why I said I am glad we are on this amendment. So keep watching. cine department at Beth Israel Dea- getting to it. There has been very little If we do not vote on the Manchin- coness Medical Center, called it ‘‘the debate. The President has said various Toomey amendment, it means the pro- smoothest sort of handling of mass cas- proposals deserve a vote. We, on this ponents of that idea know they don’t ualty I’ve ever seen in my career’’— side of the aisle, don’t intend to stand have the votes to pass it. If we turn to something I hope none of us have to see in the way of proceeding on those assault weapons or magazines, then it again. votes, particularly on the amendments. is clear to all that the majority knows This Chamber has spent the last 4 So I hope we are able to vote very soon. it is far from the number of votes they months, and even years before that, de- Last week Senator MANCHIN and Sen- need. I think people are going to be bating issues such as taxes, spending, ator TOOMEY unveiled an amendment waiting while they try to pick up the and health care. But the No. 1 responsi- on background checks. The media votes that will probably never be there. bility of the Federal Government is to hailed the agreement as a way to pass Meanwhile, on this side of the aisle, keep the American people safe and se- gun control. The majority announced our caucus hopes to have their amend- cure. Our response to this attack must that the Manchin-Toomey amendment ments considered soon and to vote on be firm and unequivocal. We must send would be the first one we vote on. those amendments. Our amendments, a clear message that we will never Since we are just starting the debate unlike the Manchin-Toomey amend- compromise our values or our freedom now, obviously we have not voted on ment, will actually strengthen the Sec- in the face of terrorist violence. We the amendment. ond Amendment rights of law-abiding must stay on the offensive against the We have not voted because despite gun owners and help thwart gun vio- enemies of civilization and remain claims from the other side, background lence by criminals. In fact, there are vigilant in our day-to-day lives. The checks are not and never have been the reports that the other side of the aisle victims of Boston deserve nothing less. sweet spot of the gun control debate. I yield the floor, and I suggest the ab- wants to block one of our amendments sence of a quorum. We have not voted on it because sup- which would do exactly that. The PRESIDING OFFICER. The porters don’t have the votes to pass So that is the situation. Maybe there clerk will call the roll. it—at least at this point that is the are leaders around here who would dis- The legislative clerk proceeded to way it appears to me—and I think they pute me, but that is the way I see it. call the roll. know it. The majority doesn’t have the votes to The PRESIDING OFFICER (Mr. They don’t have the votes even pass their amendment, so we are not SCHATZ). The Senator from Iowa. though published reports indicate that voting. The majority wants to block Mr. GRASSLEY. Mr. President, I ask Vice President BIDEN, the President of Republican amendments that they fear unanimous consent that the order for the Senate, has been calling Senators would pass, so we are not voting on the the quorum call be rescinded. and asking them to support the Republican amendments either.

VerDate Mar 15 2010 23:39 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.008 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2664 CONGRESSIONAL RECORD — SENATE April 16, 2013 The Senate voted to proceed to the from a pretty diverse State. I come closely checked the passengers onboard bill. The Senate voted to have a debate. from downstate Illinois, which is more the plane to see if they are carrying The Senate was promised an open rural. They have small towns and more guns or bombs. We are happy to report amendment process which would mean gun owners than the great city of Chi- we have checked 60 percent of them, we would conduct votes on the various cago. and they are not carrying guns or amendments that will be offered, but For 14 years, as a Congressman in bombs. Have a nice flight. so far that has not happened. I hope it downstate Illinois, I ran in an area Sixty percent—does that give any- will happen soon, so I ask that the au- where gun issues were very volatile and body refuge, consolation, or peace of dience stay tuned. very important to many people. I took mind? That is what is going on today I yield the floor. some positions which the gun lobby did with the sale of guns. Up to forty per- The PRESIDING OFFICER. The Sen- not care for, and several times they de- cent of firearms sold in America today ator from Illinois. cided they would wage a campaign are not subject to background checks. Mr. DURBIN. Mr. President, we are against me when I ran for reelection. I What difference does that make? I debating one of the most important survived their attacks and eventually want to tell the story which goes back bills we have had before the Senate in was elected to the Senate. to a moment in history in my State of a long time. The reason we are debat- This is the first meaningful gun safe- Illinois which illustrates why this is so ing this subject is because of what hap- ty legislation we have taken up since I important. Ricky Byrdsong was the pened in Newtown, CT, on December 14, was elected to this body over 16 years head coach of the Northwestern Uni- and the gun violence that takes its toll ago. We are here because of what hap- versity men’s basketball team back in every day in cities all across America, pened in Newtown, CT. There is no the 1990s. He was a great fellow. He was including in my home State of Illinois. question about it. a loving father of three children and a We know because we read and hear I often remind people that it was a man of deep Christian faith. about it in the news and from the vic- little over 2 years ago that one of our On July 2, 1999, Coach Byrdsong was tims. own, Gabrielle Giffords, a Congress- walking with two of his children At this moment our Nation is sad- woman from Arizona, was at a town through his neighborhood in Skokie, dened by what happened yesterday in meeting when she was gunned down IL, a great town. A White supremacist Boston. We still don’t know what the and shot pointblank in the face. We did drove up and shot Ricky Byrdsong to cause of that was or who was respon- nothing about it. There were no hear- death in front of his kids. He was 43 sible for it. I just have to say we are ings or changes in the law. It was just years old. stunned by it. another gun statistic to many people. This gunman ended up going on a Members of the Senate and I—who But Newtown touched our hearts: to shooting spree for days across Illinois have worked on the immigration bill— think that those beautiful little chil- and Indiana, randomly targeting Afri- had planned to announce that bill dren could be massacred in their grade can Americans, Jews, and Asian Ameri- today in a press conference. We have school classroom. One child was shot 11 cans. In the end, he killed two and postponed that announcement out of times with a semiautomatic weapon wounded nine. respect to the people who have fallen, that was firing off rounds as fast as Here is the reality. The man who did those who were injured, and their fami- this deranged individual could load it. the shooting never, ever should have lies. It is a moment of grave concern We are here today in the beginning of owned a gun. He was prohibited by law across America which was expressed a debate on this important legislation. from buying guns because of a domes- well by the President last night. What is at stake? Well, this is about tic violence restraining order against We are waiting for the information background checks. Here are the basic him. Before his murderous rampage, he and details to build a case on those questions we need to ask: Do we believe tried to buy a gun from a federally li- who are responsible. I, for one—and I the current Federal law, which pro- censed dealer in Peoria Heights, IL. He am sure my colleagues feel the same hibits a convicted felon, a person who was rejected when it was revealed he way—don’t want to rush to judgment is under an order from the court to was prohibited from purchasing a gun. until we have the facts as to the par- avoid domestic abuse, a person who has But this white supremacist took ad- ties responsible. The sadness we feel for been judged mentally incompetent— vantage of a gap in our background the victims and the sadness we feel for should they be able to buy a gun in check laws that still exists today. He America—an open and free America America? found an advertisement for guns in the where people stand on the sidelines Now, 90 percent of Americans say classified ad section of a newspaper. cheering marathon runners—is one that is an easy question, and the an- A gun trafficker named Donald that is profound in the Senate today. swer is, no; they should not be able to Fiessinger had been buying guns from a The issue before us now is gun safety. buy a gun. In fact, 75 percent of gun dealer—over 72 guns in a 2-year pe- It comes before us because 20 beautiful owners say that. riod—then turning around and resell- little first graders were massacred at I come from a family of gun owners. ing them through classified ads to buy- their grade school—at Sandy Hook Ele- They are responsible, law-abiding citi- ers who wouldn’t have to go through a mentary School in Newtown, CT. Six of zens who would never dream of looking background check. Ricky Byrdsong’s their teachers and administrators lit- the other way if a convicted felon or killer bought two handguns from erally gave their lives in defense of mentally deranged person wanted to Fiessinger without a background those children. There is not a parent or buy a gun. They store their guns safe- check. He then used those guns on a grandparent alive who doesn’t identify ly. They use them in a safe manner, shooting spree and killed Ricky with that horrible loss. and they represent the majority of gun Byrdsong on the streets of Skokie in Last week I met with a group of par- owners across America. front of his children. ents, still grieving, from Sandy Hook So if this is such an obvious question The amendment before us today Elementary School who came to Con- where 90 percent of Americans agree we would make that more difficult, if not gress to beg us to do something to should not sell guns to those who have impossible. Under the Manchin- spare future families and future chil- been convicted of a felony, for example, Toomey amendment, a background dren from this type of massacre. I met why is this being debated? What is the check would be required to sell guns with them in the morning. As you can big deal? It comes down to the second advertised in a newspaper. This would imagine, there was not a dry eye in the part of the question: What would you have shut down the opportunity for room as they showed me the photo- think—and this Capitol is filled with Ricky Byrdsong’s killer to get this graphs of their beautiful children who tourists, many of whom flew on air- murderous weapon. That is one of the are now gone. I commend them for planes to get here today—if before the issues before us, and it is critically im- their courage and stepping forward. plane took off, the flight attendant portant. Now the question is whether the Sen- said: Welcome aboard; fasten your seat- JOE MANCHIN is from West Virginia. ate has the courage to step forward. belts. We hope everyone has a safe JOE MANCHIN is a conservative Demo- This is not an easy vote politically. I flight. Incidentally, the TSA would crat, no question about it; no debate on think we know what is at stake. I come like to inform everyone that they have that issue. PAT TOOMEY is one of the

VerDate Mar 15 2010 23:39 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.009 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2665 most conservative Republicans from took that position. But 16 Republican argue they don’t prosecute these gun the Commonwealth of Pennsylvania. Senators stepped up and showed, I violations seriously. The two of them came together and thought, courage and a commitment to Here is the bottom line: We are going said, Let’s write something that is re- this institution by voting with us to to have votes soon to see where Mem- spectful of the Second Amendment, re- move forward on this debate. I am not bers of the Senate stand. Are they spectful of the rights of gun owners, assuming their votes on any issues, but going to stand with our police officers, but closes the gaps in the law when it I want to commend them in the spirit religious leaders, teachers, prosecutors, comes to background checks. I think of this institution which has failed in doctors, mayors, and the victims of they have done a good job. But let me recent years to accept its mandate and gun violence and their families? Are add quickly they put some things in deliberate and vote on the most impor- they going to stand with the strong this amendment I don’t like at all. Let tant issues of our time. I commend majority of 90 percent of Americans me be specific. them for remembering that and for who support these reform proposals to The amendment repeals the law that committing themselves to at least en- save lives in this country? Or, will they prevents gun dealers from selling hand- gaging in this debate on the floor of stand with the gun lobby that refuses guns to out-of-State buyers, and it ex- the Senate. to compromise even when lives could pands civil immunity to unlicensed gun What about background checks and be saved? dealers. I don’t want to vote for those the Second Amendment? Well, the gun I know where I am going to stand. I two things, but this is the nature of a lobby argues that background checks am going to stand with Ricky compromise and this is the nature of are unconstitutional, even though Jus- Byrdsong’s family and his widow the Senate. If we are going to pass this, tice Scalia made it clear in the Heller Sherialyn. She wrote me earlier this I have to be prepared to take on and decision, which was the decision on the year when I held a hearing on gun vio- accept some issues I personally don’t Second Amendment that said, basi- lence and this is what she said: agree with because of the larger good. cally, the Second Amendment is a per- How a criminal is able to buy a gun with To me, the notion of plugging this 40- sonal right to bear arms, not the right no questions asked is absurd. Something percent gap in the sale of firearms is so of a militia, which had been argued for must be done about this. compelling I am prepared to accept years. Scalia said in that decision: An important question from an im- parts of this amendment I don’t like. I ‘‘laws imposing conditions and quali- portant person whose life was changed am never going to get exactly what I fications on the commercial sale of forever because we do not have a want on the floor of the Senate, nor arms’’ are ‘‘presumptively lawful.’’ So strong law. I stand with so many other will any Senator, nor should they ex- there is no doubt, at least in Justice families who have suffered tragedy, in- pect to. We have differences of opinion, Scalia’s mind or mine, that a back- cluding those families from Newtown differences of party, differences of phi- ground check is consistent with the who were here last week, as well as the losophy. Second Amendment. families and the victims in my home- I commend Senators MANCHIN and The gun lobby also argues that back- town of East St. Louis, IL, and the city TOOMEY for stepping up. This wasn’t ground checks are ineffective. We have of Chicago I am honored to represent. easy. They could have stepped back heard this argument: Well, go ahead They are sick and tired of the gun and said, Let somebody else do this. and pass all the laws you want and all lobby that puts industry profits before They haven’t. I know they have taken the law-abiding citizens will live by common sense and they are tired of the some grief over it. The major gun lobby them but the criminals won’t. Here is gun lobby having its way in Congress organizations oppose this Manchin- what they failed to note. Nearly 2 mil- year after deadly year. Toomey amendment, but we need to do lion prohibited purchasers have been I urge my colleagues to join with the this. Would it have saved the lives of blocked from buying a gun since back- majority of Americans who support those children at Newtown, CT? No. ground checks went into effect. They commonsense reforms for gun safety. I This measure would not have, because were so stupid, so careless, they tried urge my colleagues to support the com- the guns he used were purchased by his to buy a gun anyway. They were promise Manchin-Toomey amendment mother who could legally purchase the stopped. The argument, of course, then and the bipartisan legislation on the guns. But it could have saved the life of goes: Well, why are there so many gun Senate floor. Ricky Byrdsong and it could also save crimes committed? Well, because they Mr. President, I yield the floor and the lives of so many others who are get guns through other means which suggest the absence of a quorum. being gunned down on the streets be- are also addressed by the bill. Straw The PRESIDING OFFICER. The cause people are owning and using guns purchases, for example; or through the clerk will call the roll. who have no legal right to them. The ads in the newspaper I mentioned ear- The assistant legislative clerk pro- Manchin-Toomey amendment moves us lier. And the argument that unless a ceeded to call the roll. in the direction of closing that gap in law is air tight and will stop all gun vi- Mr. REID. Madam President, I ask the law. olence we shouldn’t pass it—are we unanimous consent that the order for I know the gun lobby opposes this going to use that standard for speeding the quorum call be rescinded. amendment. I don’t know what their on highways or for texting on high- The PRESIDING OFFICER (Ms. position is on the underlying bill, but I ways? I don’t think so. We do our best HEITKAMP). Without objection, it is so know that Americans and gun owners to set a reasonable standard for the ordered. overwhelmingly support it. So here is good of this society, understanding Mr. REID. I ask unanimous consent the question: Can the Senate rise above there will be those who violate the law. that the period for debate only on the the political pressure and vote for this The same thing holds true for this ar- firearms bill, S. 649, be extended until measure? We need 60 votes, and it gument. 3:30 p.m. and that I be recognized at means it has to be bipartisan, not just The gun lobby argues we should not that time. the majority on this side of the aisle, improve background checks until we The PRESIDING OFFICER. Without but a good number on the other side. prosecute more cases where buyers fail objection, it is so ordered. I am encouraged by last week’s vote their background checks. Well, what of Mr. REID. We will continue to work because last week we had a preliminary the agency that gathers information on getting an agreement setting forth vote, a procedural vote, about whether for that prosecution—ATF the Bureau some initial amendments and votes in we were even going to debate this of Alcohol, Tobacco, Firearms and Ex- relation to the gun safety legislation. issue, and there was a question about plosives? If we look to that agency, we The Republican leaders said they need- it. Before the vote came up, 13 Repub- will note that for years now the gun ed to have their caucus first. We are lican Senators, supported by the Re- lobby and the NRA have worked to hopeful that we will receive a positive publican minority leader, sent a public keep this as a leaderless agency and to response to our efforts soon after the letter saying they were going to oppose make sure it didn’t have the power to two caucus lunches and begin moving any effort to even debate the gun issue enforce the laws on the books. They forward on some initial amendments on the floor of the Senate. It looked can’t have it both ways. They can’t and votes in relation to gun safety leg- pretty bad when the Republican leader stop the ATF from its job and then islation.

VerDate Mar 15 2010 23:39 Apr 16, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.011 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2666 CONGRESSIONAL RECORD — SENATE April 16, 2013 RECESS I could call upon for advice on how, as School in Somers, NY. Then she got Mr. REID. Madam President, I ask an elected official, to deal with a trag- her degree in Connecticut at a school unanimous consent that we recess edy of this magnitude. I could call my that actually was in the process of edu- until 2:15 p.m. for our caucuses. friends in Arizona, I could call my cating one of the other teachers who The PRESIDING OFFICER. Under friends in Colorado, or I could call my was killed that day, Victoria Soto. the previous order, the Senate stands new colleague, Governor KAINE, from Southern Connecticut State University in recess until 2:15 p.m. Virginia. There were too many places is where she got her degree. Thereupon, the Senate, at 12:20 p.m., to turn, and it happened to us in Con- She was remembered by her friends recessed until 2:15 p.m. and reassem- necticut in a place we never, ever and family as sweet, happy, outgoing, bled when called to order by the Pre- thought would be subjected to gun vio- and caring, and all of those character- istics came into play that day. I shared siding Officer (Ms. BALDWIN). lence. We are finally at the tipping point on a debate of what we can do. this story with my colleagues last f Through all of the back and forth this week and then behind closed doors SAFE COMMUNITIES, SAFE week and last week about whether we today, but I will share it quickly again. SCHOOLS ACT OF 2013—Continued would have a vote on this floor or That day, Anne Marie Murphy had in would we have to overcome a filibuster, her charge a little boy named Dylan Mr. BLUMENTHAL. Madam Presi- could we come to a compromise on Hockley. When the bullets started fly- dent, I suggest the absence of a background checks, would we add pro- ing, Anne Marie took Dylan into her quorum. visions to ban high-capacity maga- arms and did her best to comfort him The PRESIDING OFFICER. The zines, underneath it all are these vic- and perhaps shield him. When the po- clerk will call the roll. tims. There have been thousands of vic- lice came into that classroom, that is The assistant bill clerk proceeded to tims. There were the little girls and how they found Dylan and Anne call the roll. boys in Newtown, but also 16-, 17-, 31-, Marie—in each other’s arms. To the The PRESIDING OFFICER. The Sen- and 68-year-olds from across the coun- Hockleys, the fact that there was some ator from Connecticut. try who have been gunned down over small measure of love being expressed Mr. MURPHY. Madam President, I the course of the last several decades to Dylan in the last horrible moments ask unanimous consent that the order without this body raising a finger to gives them some small measure of for the quorum call be rescinded. try to make things different. Well, it is peace. She died a hero doing what she The PRESIDING OFFICER. Without time for those victims’ stories to be did best. objection, it is so ordered. told. Anne Marie had been doing this for Mr. MURPHY. Madam President, my As I did last week, I will be on the awhile, but she had a lot of years to colleagues, the week is finally here floor this week so I can share the sto- give. She was only 52 years old. She when we come to the floor to have ries of victims of gun violence. I will could have continued to change the votes on a piece of legislation we have tell stories of lives which were cut way lives of children in need, children with been waiting on for decades. This too short because of guns, and, in part, autism, for another 10-plus years. Just Chamber is finally talking about what because this body has not been serious think of all the lives she could have af- we can do to stop the plague of gun vio- enough to stand up and do something fected. How many more Dylan lence which has rippled through every about it. Hockleys could she have found and nur- single corner of this country. I want to start this afternoon’s re- tured and helped work through their As I watched these mass shootings marks by returning to the place where autism? We will never get to know. She play out over the course of the last 10 it all started for me, and that is Sandy was killed that day. years—whether it be in Colorado or Ar- Hook Elementary School. There are 26 Grace McDonnell’s parents are amaz- izona or Virginia—we think to our- stories to tell of the people who lost ing. They have been down here to selves that this is just something we their lives at that school that day, and Washington a number of times already. are watching. This is just something I think I have gotten to about 20 or 21 They have led a lot of the debate in our that has happened somewhere else to of them. I will talk about the last few communities in Connecticut about someone else. We never think it could stories. It is unbelievable. what we do to change the issue of guns happen to us. I have not had a chance to tell the and gun violence. They do so because I will never forget that day I was in story of Anne Marie Murphy, even they lost their daughter Grace McDon- Bridgeport, CT, and it was right before though I told the story of what she did nell that day. Christmas. We were getting ready to that day on the floor at least once. I Grace was 7 years old when she died. take a train so I could bring my two just shared her story with my Demo- Grace had asked for a purple cake with little boys, along with my wife, to look cratic colleagues. a turquoise peace sign and polka dots at the pageantry of New York City. Before that fatal day, Anne Marie when she turned 7. That is what she That was the day I got the call that Murphy was an amazing person. Anne wanted, I guess, for her birthday, was there had been a shooting at Sandy Marie was a special education teacher, that purple cake. She loved the color Hook Elementary School. and she loved her work. She sought out purple and she loved the color pink, as I thought it must have been a mis- working in the area of special edu- so many of these girls did, and her fu- take. I thought, well, to the extent cation because she knew she had a tal- neral, which I had the honor of attend- there is something going on at Sandy ent, as so many of her students and the ing, was just buried in pink. Hook Elementary School—this quiet parents who worked with her found Grace loved the beach. One could al- hamlet in western Connecticut—it out. They knew she had a talent for ways find Grace McDonnell on the must be some disgruntled employee reaching out and touching little boys’ beach. She loved country music. Taylor who walked in and had a grudge. and little girls’ lives. Swift and Kenny Chesney were What I learned over the next few In fact, it is not a coincidence that a amongst her favorites. She played soc- minutes during the half-hour drive to number of the kids who were killed in cer. She participated in gymnastics. Newtown made my blood freeze. I Sandy Hook Elementary School that She had a dog, Puddin’, that she abso- learned this was a mass shooting in- day were kids with autism because lutely adored. volving dozens of adults and kids. I re- Sandy Hook was known as a school She was a very kind, wonderful little alized it was now happening in my that had a talent for reaching out to girl, so her parents have tried to think neighborhood, in my State, in my kids on the autistic spectrum. And of the ways, big and small, in which town. Anne Marie was part of that story. She they can try to pass along the kindness Unfortunately—as I stood at the fire- was a special education teacher. She their 7-year-old little girl Grace house where the community gathered was a mother of four wonderful chil- showed for the world. They have done that day and all the parents stood dren: Kelly, Colleen, Paige, and Thom- that by trying to explain to this coun- waiting for their children to come back as. She grew up in Katonah, NY. She try who she is. They have done that by or not come back from that school—I graduated from St. Mary’s School taking all the art she produced—Grace realized I had way too many colleagues there before attending JFK High was a fantastic artist, and many of us

VerDate Mar 15 2010 00:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.013 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2667 have pieces of original art that Grace ple die from gun violence across this ing to do better for himself. There are McDonnell did hanging on our walls in country. a lot of kids who drop out of the Hart- our offices or at our homes. But the I have had this chart up for the last ford public school system, but Kwante McDonnells do small things. Following week, and it is hard to read if the view- had figured out a way to graduate and her memorial service, they stopped at a er is in the gallery or in this Chamber was also trying to get himself em- local restaurant and they ordered a or watching from somewhere else be- ployed in a tough economy. He was at- cupcake for every patron who came cause each one of these little figures tending Lincoln Technical Institute, into the establishment that day—white represents someone who has been and he was studying to be an auto- cake, chocolate frosting, pink and killed by guns since December 14, 2012. motive technician at the time of his white sprinkles—just to do a small lit- In the now almost 4 months since that death. His obituary said that he was tle thing to spread Grace’s love day—I think it is over 4 months now— loved by everybody who came in con- throughout this devastated commu- over 3,400 people have died from guns tact with him and that what defined nity. all across this country. him to most of his friends and his fam- Coincidentally, it was after Grace’s We, as a legislative body, over the ily was his 100-watt smile. funeral that I received word that the past several decades, seem to have be- Hartford is a tough place to grow up. NRA was going to oppose virtually ev- come immune to the everyday gun vio- There are a lot of kids who don’t see a erything we did. Up until that moment, lence that happens. We are just sort of way out of their situation. But this I had hoped the NRA was going to be a used to picking up our local paper and young man did. He had gotten his high reading about another shooting, read- partner with us. I remember walking school diploma. He was trying to do ing about another victim, such as those out of Grace McDonnell’s funeral— something to make himself better by who have died in my State, in New amongst the dozens of wakes and fu- becoming an automotive technician, Haven and Hartford and Bridgeport, on nerals I went to over those 2 weeks— and he was shot dead in the chest just a pretty regular basis. and getting a copy of the NRA state- This debate has to be not just about a few short weeks ago. Kelly, by the ment handed to me. It was that day what we can do to try to lessen the way, who was shot with him, leaves be- that I understood we were in for a likelihood that anyone has to call me hind four children, four brothers, and fight, one a lot of us who were in the and ask for advice on how they should one sister. midst of that grief didn’t expect we handle the latest mass shooting in Kanasha Isaac was 16 years old. She were going to have. We thought New- their State or their district, but it also was described by her friends as a social town was going to bring us all to- has to be an answer to the thousands of butterfly. She was full of energy and gether. Unfortunately, for some, it has people who are losing their lives on the life. Her family was her center. Her un- not. streets of America due to routine, ev- cle’s home was always the place where Allison Wyatt died that day. Allison eryday gun violence. That is what the her friends and her family congregated was 6 years old. Allison was an over- compromise that is on the floor for de- when they were there. Kanasha was the whelmingly kind girl. bate right now will do. center of all of her family’s life. All of these little boys and girls were Since we put into place our back- After exiting a local restaurant, kind because, frankly, that is what ground checks law, there have been Kanasha and her boyfriend got into most little boys and girls are when hundreds of thousands of people who their car. Another car pulled up beside they are 6 and 7 years old. They are have been legally prohibited from buy- them, blocked them as they were going wonderfully kind. This tragedy kills us ing guns because they were felons or into a parking space, and a man shot at inside because we know that 6- and 7- they had been convicted of domestic their car. He shot Kanasha in the face. year-olds remind all of us about what abuse or they were judged so mentally She died shortly thereafter at 16 years we want to be. ill that they shouldn’t own guns. Hun- old. This was in Florida on February 24 Allison once gave her snack to a hun- dreds of thousands of people have of this year. gry stranger on a plane. She gave it walked into gun stores and have been Kanasha was going to the local high away as a simple act of kindness. She prevented from buying guns because of school. She wasn’t the first victim of had a passion for drawing. She wanted our background check law. The prob- gun violence in recent months. In De- to be an artist when she grew up. She lem is that only about 60 percent of cember two high school classmates of would cover the walls of her house with gun sales go through those background hers, Coby Deleon and Natalia Trejo, her drawings, turning every room in checks, and 90 percent of Americans were killed in a murder-suicide. Three the Wyatts’ house into her own little agree we should apply background students in this one local high school art studio. In fact, just before her checks to as many people as we can to in Florida were killed in about a 2- death, she had drawn a picture for her make sure criminals don’t have guns. If month, 3-month period of time. teacher Victoria Soto, and she had criminals didn’t have guns, I can vir- Christopher Walker was 19 years old, written on that picture, ‘‘I love you, tually guarantee my colleagues that and he was shot on March 12 of this Love, Allie.’’ Both Victoria Soto and this visual would be a little less stun- year in Milton, GA. It was an at- her student Allison Wyatt died that ning than it is today. It wouldn’t erase tempted robbery. He was a marketing day. Her daycare teacher said of Alli- these figurines. Background checks, if student at Georgia Perimeter College, son that ‘‘she would come and put her they were universal, wouldn’t erase the and he had just been accepted into head down on your shoulder if she was scourge of violence across this country, Kennesaw State University for the up- upset. It would make her feel better. but it would certainly lessen the im- coming fall semester. That is a big She was just such a sweet and caring pact of this chart. deal. He had been trying to do right for girl.’’ So let’s talk about some of the vic- himself and his family. He had been Twenty-six teachers and students tims of urban gun violence—of gun vio- studying marketing, and he had just died that day in Sandy Hook, and we lence in our communities that is a 1- gotten accepted into Kennesaw State will remember every single one of day story in the paper, not the University. He was excited about get- them. Twenty-eight people died that multiday episode a mass shooting may ting into that school. He was already day, and we have to remember that. As be. working to pay for his degree. He was a much anger and often hatred as we We can talk about someone like successful salesman at a local Sears have for the shooter and as much con- Kwante Feliciano. Kwante was killed store, and he was doing all of this with fusion as we have about his mother and just about a month ago in Hartford, a goal toward the long term. He was a the questions we ask about why she CT. The shooting occurred on March 25. great salesman. He was studying mar- would give him access to those kinds of Kwante was shot in the chest, and a keting. weapons, knowing how troubled he companion, 30-year-old Kelly Cooper, He was going to get his degree, but was—28 people did die that day, 26 at was shot in the head. Both of them he really loved music. His dream was the Sandy Hook Elementary School. were pronounced dead at St. Francis to become a musician. Even as this 19- But here is the thing. Every day more Hospital. year-old college student was looking than that die in this country from gun Kwante was a product of the Hartford for a job, he was recording as much violence. Every day, on average, 30 peo- public school system, and he was try- music as he could, and his goal was to

VerDate Mar 15 2010 00:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.020 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2668 CONGRESSIONAL RECORD — SENATE April 16, 2013 take his music and not keep the money to the store. While he was walking dental deaths from guns. As we have he collected from it for himself; he was down a street in a city that was not said, there is no one solution to this going to donate it to charity. So he even his own, a gray sedan pulled up plague of gun violence. It is getting was going to pursue his college degree, and shot Hakeem several times. Those tougher on our gun laws: making sure go out and continue to be a salesman, shots eventually killed him. He was 17 criminals do not have them who should and do music on the side simply to years old, just visiting his grand- not, trying to take some of these dan- make enough money to give to charity. mother in Knoxville, TN. gerous weapons—the assault weapons What an amazing kid, 19 years old. In Let me share a couple more stories and the dangerous high-capacity am- an attempted robbery on March 12 of with you. munition—off the streets, having a bet- this year, Christopher Walker was shot Kay Cornell Janus was on the other ter mental health system. But it is also dead in Milton, GA. end of life’s spectrum. She was 72 when about gun safety. It is also about mak- Dominique Boyer was 18 when he was she was shot just 1 day before Hakeem ing sure if someone is going to be a gun shot in Atlanta, GA, on March 28. in Marietta, GA. She was known for owner they be a responsible gun owner, All of these victims, by the way, are her grace and her poise, and, again, as that they put a lock on their gun and part of this chart. Unfortunately, I do you have heard about a number of keep it away from children. not have to go back 6 months or a year these victims, her radiant smile— Over the past several months there or a year and a half to find an endless something her family and friends re- have been four absolutely tragic shoot- list of victims. We are just talking membered about her. ings involving toddlers. about March of this year. She was full of class. She loved fine A Tennessee woman was shot in the Dominique was 18 years old and just food and wine and traveling and enter- stomach by her 2-year-old child who months away from his high school taining. Many of these hobbies became, discovered a Glock 9 stored underneath graduation when he became an unin- over the course of her life, her passion. a pillow. The child picked it out from tentional, innocent victim of a shoot- She was the mother of four, and she under the pillow, discharged the weap- ing in DeKalb County, GA. Dominique was the grandmother of two. on, and shot Rekia Kid while she was was a senior at Columbia High School She was shot in her garage by her sleeping. and he had been planning to go to col- longtime boyfriend. Neighbors suspect Josephine Fanning was shot and lege to become an accountant. that the murder may have been the re- killed in Tennessee when a 4-year-old His classmates remember him as sult of a simple dispute they were hav- boy discharged a handgun owned by happy, as outgoing, as a very respectful ing over finances. It ended in Kay, 72 Fanning’s husband, who had just kept kid with a lot of friends. He was the years old, being gunned down. the gun loaded, in his words, ‘‘for just oldest of four siblings. He was just Zachary Rose was killed in January a moment.’’ A 4-year-old boy. months away; he was going to graduate of this year. He was celebrating his A 6-year-old boy was accidentally this fall. He was going to go to college, 22nd birthday. Two days later, after his shot and killed by his 4-year-old play- and he was an unintentional, innocent 22nd birthday, he was killed. His loves mate in a quiet residential New Jersey victim of a shooting. were skateboarding and cars and dogs— neighborhood. ‘‘This never should have We hear this over and over and over. dogs at the top of his list. He abso- happened,’’ the victim’s uncle said. I have read now probably 50- or 60-plus lutely loved dogs, and he had a Great ‘‘It’s horrible.’’ stories of kids—18, 19 years old—who Dane, Mathias, that all of his friends A 3-year-old died recently of an acci- have been killed. The highest incidence said after he was killed was really ‘‘his dental self-inflicted gun wound in of gun violence occurs to 19-year-olds, I baby.’’ South Carolina after finding a gun in think, followed by 18-year-olds, fol- He actually loved dogs so much that an apartment and discharging the lowed by 17-year-olds. It is really teen- he ran his own dog training company. weapon. agers who are getting killed out there. Zachary’s friend dedicated a page of A 2-year-old shooting his mother, a 4- Unfortunately, in Connecticut, it was their company’s Web site to help raise year-old shooting an adult, a 6-year-old 6- and 7-year-olds, but kids who are not money for Zachary’s funeral because getting shot by a 4-year-old, and a 3- much older than the kids who died in his family was going through very year-old shooting themselves—these Sandy Hook are dying every day in this tough times, and when he was killed, accidental shootings are likely not country from gun violence, and most of leaving behind three siblings—a broth- going to be solved by a background them are unintentional, innocent vic- er and two sisters—they did not have check law or by a ban on high-capacity tims. At some level a lot of people enough money to pay for his funeral. ammunition, but it just speaks to how want to believe that the people who are His friends said Zachary was the kind big this problem is. It speaks to how killed in urban gun violence are killed of guy who ‘‘literally had no en- many guns are out there. in connection with a crime or are emies’’—killed by guns on January 28, It also speaks to the fact that as part wrapped up in gangs. Some of that is 2013. of our debate on background checks true, but the stories we are hearing are His family did not have the money to and on specific weaponry that should of good kids who were doing the right pay for his funeral. It is the story of a be kept in the hands of the military, thing; who, as the President has said, lot of these families. Families are al- we should be having a conversation were not in the wrong place at the ready going through tough times. about gun safety as well. wrong time but were in the right place Luckily, a lot of these communities Lastly, I want to talk about the im- at the right time. rally to the victims’ defense to raise portance of today. Dominique Boyer was a respectful the money for these funerals. But Senator KAINE, I believe, was down kid who treated everybody well but think about that. Think about going on the floor earlier talking about the 6- just happened to be in the way of a bul- through the pain and the grief of losing year anniversary of the worst mass let that maybe was not designated for your child or your son or your daugh- shooting in this country’s history at him but should not have been flying ter or your grandson or your sister or Virginia Tech. I want to close by just through the air in the first place. your brother, and then looking into telling a few final stories about those Hakeem Jackson was 17 years old your family’s accounts and not even victims. I have told some of them when when he was killed a couple weeks be- having enough money to bury them. I have been down here before, but that fore Dominique on March 11, 2013, in That is the reality of what is hap- shooting was in some ways just as trag- Knoxville, TN. He was just on a week- pening across this Nation today be- ic. end visit to Knoxville visiting his fam- cause it happens too often. In Sandy Hook, we had a little ily and his grandmother. Hakeem’s There has been another trend in the glimpse into who these little boys and mom described him as a quiet and last several months that has in some girls would be. When we heard these bashful boy but sometimes a little bit ways been even more disturbing than stories about their intellectual curi- of a prankster. the overall incidence of 3,000-plus peo- osity and their kindness and their On a Friday night he asked his ple having died across our country. We grace, we had a window into what grandmother for some money. He was have seen a very disturbing trend, in amazing people folks such as Dylan 17 years old. He just wanted to go down the last several months even, of acci- Hockley and Grace McDonnell and

VerDate Mar 15 2010 00:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.021 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2669 Madeleine Hsu would eventually grow we never got to see the maturity of his deed welcomed, whether it is movie up to be. passion for environmental awareness, theaters or places of worship or In Virginia Tech, though, we had a nor his passion for the hobbies he loved schools, places where the public has ac- much better window into these kids be- because Matthew was killed that day cess and where, therefore, all our citi- cause though they had not reached ma- at Virginia Tech. zens, most especially our children, are turity, they had already succeeded by The list just goes on and on and on— vulnerable. getting into Virginia Tech, and we 3,400 people killed since December 14. I Last week when we opened this de- could really see the kind of contribu- have in the Chamber just a few of the bate we spent a lot of time talking tions they were going to leave. pictures of the young men and women about victims. Senator MURPHY and I Austin Michelle Cloyd lived life bold- who have been killed in Hartford and spent a lot of time on the Senate floor ly. She had traveled the world with her Bridgeport and New York and Wash- discussing Newtown and the victims of family. She was interested in every- ington and Newtown, CT. It is their that unspeakable and unimaginable thing from politics to environmental memories we will honor this week as tragedy. Today we remember another issues to international relations. She we go forward on one of the most im- similar tragedy, facilitated by the was a very tall girl and everybody re- portant public safety debates this same extraordinarily dangerous weap- membered what Austin looked like be- Chamber and this city has ever had. ons in the hands of people who should cause she had flaming red hair and a I will be back down to the Senate not be permitted to have firearms or big, bright smile. She played basket- floor later this week to continue to en- guns. Six years ago today, Seung-Hui ball throughout her middle and high gage my colleagues in talking about Cho used two semiautomatic handguns school years, and she worked four sum- the real reason we are here; that is, the and nine 10- and 15-round magazines to mers with the Appalachia Service victims of gun violence all across this kill 32 innocent victims and injure 23 Project to help make homes better for country. at Virginia Tech University. Many of people—to make them warmer and Mr. President, I ask unanimous con- those weapons he used were purchased safer and dryer. sent that the period for debate only on online. Others were purchased at local She loved reading and scuba diving S. 649 be extended until 5:30 p.m., and stores without a background check. and music and concerts, and she was that the majority leader be recognized As somebody who has seen my own just a girl who was absolutely full of at that time. State grapple with this tragedy, I ex- life. She lived her life for a purpose. The PRESIDING OFFICER (Mr. tend my condolences to the families of She knew she wanted to help people. MANCHIN). Without objection, it is so Virginia Tech victims—some of their She had a brilliant mind and a com- ordered. families were here earlier today—and passionate heart and she had an iron Mr. MURPHY. Mr. President, I sug- all who have felt the impact of this ab- will. We will never know what Austin gest the absence of a quorum. solutely senseless slaughter, as sense- was going to truly grow up to be. She The PRESIDING OFFICER. The less and unspeakable as what happened was killed that day at Virginia Tech. clerk will call the roll. in Newtown just 4 months ago. Jocelyne Couture-Nowak was a The assistant legislative clerk pro- I wish to recognize the leadership of French Canadian who had a passion for ceeded to call the roll. our two Senators from Virginia and teaching French. She was a faculty Mr. BLUMENTHAL. Mr. President, I their efforts to prevent another Vir- member who was killed that day. Be- ask unanimous consent the order for ginia Tech. As he discussed earlier, fore she moved to Virginia, she was the quorum call be rescinded. Senator WARNER has been actively en- very well known for being instru- The PRESIDING OFFICER. Without gaged in efforts to bring research and mental in helping to develop a school objection, it is so ordered. resources together to make our schools to ensure access for francophone fami- Mr. BLUMENTHAL. Mr. President, I and campuses safer. His leadership has lies who wanted a safe school environ- wish to begin by saying my thoughts been extremely important. Colleges ment and a French language education. She went between Nova Scotia and and prayers, similar to those of so and universities play an extraor- southwest Virginia. She loved the bu- many Americans, are with Boston dinarily important role in my own colic countryside, and she loved to go today, with the families and loved ones State of Connecticut. I know they are on hikes, whether it was in Virginia or of those who have lost lives or been in- constantly working to keep their cam- back in Nova Scotia. jured. I offer my deepest condolences puses safe. The School and Campus She was passionate for French edu- to the families of those victims and my Safety Enhancements Act included in cation. She was passionate that other sincere gratitude to the courageous the gun violence legislation currently people would learn the language, and first responders, including many of the before this body would be an important she still had a lot of passion to give. runners who courageously went to the step toward giving these very institu- But she was killed that day as well. aid of people who were grievously in- tions of higher learning what they need Matthew Gwaltney was a second-year jured and some maimed by this horrific to protect our students and support the master’s student in the Civil and Envi- act of terror. Whether we call it a ter- kind of research that is necessary to ronmental Engineering Department. rorist act or an act of terror or simply develop new means and possibly new His professional goal was to go out and a criminal murder, it is certainly to be technology, new tools that our institu- increase awareness and education condemned and investigated as thor- tions of higher learning but also insti- about environmental issues. He wanted oughly and promptly as possible. I tutions of learning across-the-board, to encourage people to be proactive in know the full resources of the Federal beginning with our elementary schools, their individual lives to try to better Government have been devoted to this need to do better. our environment, whether it was just purpose. I am proud to be cosponsor of this leaving a smaller and more confined We are an open society. We appear legislation. I look forward to working footprint on this world or going out soft-hearted to people who want to do with my colleagues to ensure its pas- and creating systems in their commu- harm to a democracy. We are vulner- sage. Senator KAINE spoke so power- nity to lower the impact of pollution. able because we are a democracy and fully and eloquently on the floor ear- His passion was environmental we are open. We have resolved that we lier today, showed such grace under awareness, but he was also a big fan of will not become totalitarian or anti- pressure—which is one of the defini- sports. He was a detailed expert in democratic; that we will remain a free tions of courage—in responding to the sports statistics, and you could not and open society. That is the wonder Virginia Tech tragedy. He has worked beat Matthew in a game of trivia. He and strength and uniqueness of Amer- to deal with the wounds. He has re- loved his Hokies and was a devoted fan, ica, the greatest Nation in the history solved to learn from Virginia Tech and and he went to every ACC sporting of the world. indeed he worked as a Governor to seek event he could. Professionally, he loved Horror has brought us to this debate, safer campuses across Virginia and the Atlanta Braves and the Chicago the horror of gun violence, the horror across the country. He fought to put in White Sox and the Chicago Bulls. of what has happened in our schools, place commonsense laws that would Matthew was going to lead a great our streets, our neighborhoods, in prevent shooters such as Seung-Hui life—one that was lived outwardly. But places where the public is admitted, in- Cho from having access to the arsenal

VerDate Mar 15 2010 00:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.023 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2670 CONGRESSIONAL RECORD — SENATE April 16, 2013 he used 6 years ago. I thank Senator Mr. MCCONNELL. Mr. President, I I think I need to put into context KAINE for helping to lead the effort for ask unanimous consent that the reso- why I have for so long been an advo- a ban on high-capacity ammunition lution be agreed to, the preamble be cate of gun safety measures. In Janu- magazines such as the ones used at Vir- agreed to, and that the motions to re- ary 1989, a gunman stepped onto the ginia Tech and used at Newtown and consider be laid upon the table, with no grounds of Cleveland Elementary used in so many other shootings across intervening action or debate. School in Stockton, CA. He fired at the country over the years. With his The PRESIDING OFFICER. Is there least 106 bullets from an AK–47 rifle support, I plan to offer a high-capacity objection? Without objection, it is so across the schoolyard. He killed 5 chil- magazine ban, on behalf of Senator ordered. dren, ages 6 to 9, and 1 teacher, and he LAUTENBERG, in an amendment to the The resolution (S. Res. 98) was agreed injured 29 other students before fatally gun violence legislation currently be- to. shooting himself. This horrific crime fore the Senate. The preamble was agreed to. led California to enact an assault weap- I am proud to be working with oth- (The resolution, with its preamble, is ons ban and, of course, we know that ers, such as Senator FEINSTEIN, Sen- printed in today’s RECORD under ‘‘Sub- assault weapons ban in California is ator SCHUMER, and my colleague Sen- mitted Resolutions.’’) still in place. I so appreciate Senator ator MURPHY, in that effort. I encour- Mr. MCCONNELL. Mr. President, we FEINSTEIN’s leadership in trying to, age my colleagues to work with me and have just agreed to a resolution hon- once again, authorize at the Federal Senator KAINE to pass commonsense oring the late Margaret Thatcher be- level an assault weapons ban. legislation as we mark the tragedy at fore her funeral tomorrow. It is our in- Californians still remember this Virginia Tech and we remember the tention for that resolution to be a tragedy in Stockton, just as the Nation victims of Newtown. statement equal to her legacy. Her will always remember the victims of I thank the families of the victims of work with Ronald Reagan reinvigo- the horrific events of Friday, December these shootings from all across the rated the North Atlantic Treaty Orga- 14, 2012, at Sandy Hook Elementary country who have come to Washington nization. School. over these past days, and indeed weeks, Margaret Thatcher was one of the I flash forward to from 1989 and the working so hard and so diligently, most influential and revolutionary fig- Stockton tragedy to a law office in San working through their grief and pain, ures of the 20th century, and failing to Francisco in 1993, where a crazed gun- doing something that is so difficult for name her achievements would do her man—I remember his name, but I will them so others can be spared this pain memory and legacy a great disservice. not say it—with an assault weapon and grief. It would be unheard of to commemo- killed eight people and wounded six. Many will face difficult votes, per- rate Churchill, for example, and ignore One of those people was a brave lawyer haps as early as tomorrow. We have ap- his heroic role in steering his country- who threw his body over the body of his proached the cusp of these vital and men through the Battle of Britain, nor wife, sacrificing his own life to save historic votes. Many of these votes will would we think of honoring Lincoln hers. That young man was one of my be difficult for my colleagues. But as without mentioning the Civil War. son’s best friends, and I know person- difficult as they are for them—and for Doing the right thing when it is not ally how these horrific and senseless many whose difficulty I respect—let’s easy or popular is what defines leader- tragedies live on with the survivors— remember how difficult it has been for ship, and it defined Margaret Thatcher. the parents, the spouses, the children, those families of the victims to come It is fitting that the Senate honored the families, and the friends. It here to look you in the eye as they her legacy just a few moments ago. changes their lives and it pierces their have done and say: Let’s now do some- Margaret Thatcher didn’t just change hearts forever. thing about gun violence. That is what a country or give people hope, she I have told you a couple of stories I heard in the wake of Newtown, as helped alter the course of history. It is about California. But let me say this: early as the evening that horrific trag- true that she did not just go along to Let’s look at what has happened across edy occurred. Let’s do something about get along. Had she done so, I am sure this Nation since Sandy Hook. In the the guns. we would have long since forgotten her. 120 days since Sandy Hook, more than We have the opportunity to do some- Let’s honor her for all she did. Let’s 2,200 Americans have been killed by thing about the guns. As Gabby Gif- acknowledge the enormity of what she gun violence. Hardly any place was fords said to the Judiciary Committee accomplished. Let’s mention her spared. just weeks ago: Be bold. Be courageous. achievements by name, and the resolu- We know there are many, many fire- America is counting on you. tion does that. As I said, we owe Mar- arms in America. There are 300 million That is her urging to us. That is our garet Thatcher a tribute equal to her firearms in the United States. If you obligation and our historic oppor- legacy. were to divide that up, that would be tunity. one gun per person, of course. There I yield the floor. I suggest the ab- f are many people who have many, many sence of a quorum. SAFE COMMUNITIES, SAFE The PRESIDING OFFICER. The guns. SCHOOLS ACT OF 2013—Continued This is a 50-percent increase—the clerk will call the roll. The legislative clerk proceeded to Mr. MCCONNELL. Mr. President, I number of guns in circulation—since call the roll. suggest the absence of a quorum. 1995, when there were, as I say, about Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The half that number. ask unanimous consent that the order clerk will call the roll. When I go home and I speak about for the quorum call be rescinded. The legislative clerk proceeded to this—and I write about it—I say: There The PRESIDING OFFICER. Without call the roll. are 31,000 reasons why we need to pass objection, it is so ordered. Mrs. BOXER. Madam President, I ask sensible gun laws because—31,000—that unanimous consent that the order for is the number of people who die every f the quorum call be rescinded. year in America from gun violence. HONORING BRITISH PRIME MIN- The PRESIDING OFFICER (Ms. That is 87 people every single day, on ISTER BARONESS MARGARET BALDWIN). Without objection, it is so average. THATCHER ordered. You look at this: 31,000 people dying Mr. MCCONNELL. Mr. President, I Mrs. BOXER. Madam President, I every year from gun violence. So how ask unanimous consent that the Sen- rise today as a mother, a grandmother, do you get a sense of what that is? I ate proceed to the consideration of the and a Senator—a Senator whose State think back. One of the reasons I got resolution that is at the desk honoring has been touched far too many times into politics in the first place was the the life, legacy, and example of British by gun violence, including mass shoot- war in Vietnam and trying to end it, Prime Minister Baroness Margaret ings. I also wish to reiterate my sup- first as an activist and then, actually, Thatcher. port for the people of Boston who are as an elected leader in my country. I There being no objection, the Senate dealing with the aftermath of sense- think about how many people died in proceeded to consider the resolution. less, tragic, and cowardly violence. the 10-year war of Vietnam and it was

VerDate Mar 15 2010 00:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.024 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2671 a little bit more than 50,000 in that 10- Today, I learned from Mark Kelly ents who have lost their children in year period and it turned our country that we, through the background violent assaults on our Nation’s upside down—upside down. I can tell checks that we already have—that is schools and colleges. They have joined you, I lived through it: generation when people go to a regular retail with parents of Colorado’s Columbine against generation. It was a very tough store—we have stopped well over a mil- High School, California’s Santana High time in this Nation. People lost faith lion gun sales, well over. Yet we do not School, Minnesota’s Red Lake Senior in the country. It was tough. have that same system in place for gun High School, West Nickel Mines School Yet we have 31,000 people killed every shows or private sales. in Pennsylvania, Virginia Tech, and so year in America from gun violence, and So JOE MANCHIN and Senator TOOMEY many others. it is something where we all kind of have been working together, and they The shooting at Sandy Hook is an- just say: OK, that is terrible, but we do have crafted a way to move toward a other reminder that we have failed our not do anything about it. But we are sensible background check—yes, pro- children. I do not know how to put it about to do something about it that is tecting family members who want to another way. I am so sad about it. This very important. It may not be every- give a gun to the next, but they have topic is so heavy in my heart because I thing I would want to do, given my his- preserved, the most important part of know we can do some things to change tory on this issue, but I will say, if we their bill, which is to simply make a it. I believe we are on the brink of can move forward with sensible back- uniform standard for a gun sale wher- doing some things—not enough in my ground checks—and I thank Senators ever you purchase your gun. view but some things to change it. MANCHIN and TOOMEY so much, so Some of the strongest proponents of I could tell you, Madam President— much, for their work—and if we can do this are people who run retail stores because the Presiding Officer was there something about straw purchasers, and who go through the laborious situa- today—we had quite a caucus today. if we can do something about making tion—although it is pretty quick now— Our colleagues who stood up, who have our schools safer—which I am pleased of doing a background check. Yet seen these tragedies in their States, to say I wrote the legislation that is in somebody can go across the street to a were beyond eloquent. Our colleagues— the underlying bill before us—if we can gun show and make a deal and never be who are trying to do something that, do a few of these things, it would be a asked, and they could be a criminal, yes, may be politically difficult—are big step forward. they could be mentally unbalanced, showing courage. Do I want to see more done? Yes. Do they could be a terrorist, OK, and still It is one of those moments when you I want to see the ban on assault weap- get a gun. say: I am blessed to be here, and I can ons reinstated? I do. But I do feel we I want to look at the issue of school do something about this. I think more are at a point in time where we may be shootings in America. The tragedy that and more of our colleagues are begin- able to get something done that mat- took place at Sandy Hook is a tragedy ning to realize this, as they meet with ters. that far too many of our Nation’s com- the parents and they meet with col- I think we ought to look at mass munities have faced in recent years. leagues and they sit down one-on-one. shootings in the last 30 years. First of I have in the Chamber a chart that We have to keep our children safe. all, 40 percent of mass shootings have shows that since the year of Col- One of the pieces of legislation that occurred since 2006. So if you go back umbine, 262 students, teachers, and is less controversial that is included in 30 years, you see 40 percent took place others have been killed or wounded in the base bill before us is the School and since 2006. K–12 school shootings. People go to Campus Safety Enhancements Act that According to the Washington Post, in school. It is supposed to be a protected I have authored with Senator COLLINS, 2012 alone, 175 people were killed or zone. Who thinks about this? Look how Senator WARNER, and Senator KIRK to wounded from mass shootings. People many people since Columbine. And we help secure our Nation’s schools. who should not get these weapons are swore we would never allow that to For years, we had the very successful getting these weapons. People with se- happen again. It is happening. So we Secure Our Schools program. Basically, vere mental illness are getting these have to do more. we build from that program and we weapons. We know that. I tell you, this is just K–12. But if you make some changes to it that I think Today, we got to see in the Demo- look at America’s colleges and univer- will make it better. cratic Caucus lunch a heroine, someone sities, in my own State, at California’s I want to explain the way it would who is unbelievable, Gabby Giffords, Oikos University, in 2012—it is in Oak- work. What we say is, if a local enti- struggle with each step, with every land—a former student returned to the ty—and this could be a police depart- word. Why? What did she do? She held campus and killed seven people and in- ment; it could be school districts—if a townhall meeting so she could bring jured three. We have these horrible vio- they feel they want to secure their government to her people in the most lent incidents at colleges and univer- schools, they will have to put some personal of ways. And someone who sities. funds on the line, about 50 percent of was very sick got access to weapons, School shootings are on the rise in the funding. But we would supplement and the rest we know. America. I am telling you. I have the that funding by 50 percent. We would In the name of those who were lost, numbers to show it on this chart. Di- help to pay for security-related capital Gabby Giffords and her husband Mark vided up by decades, we go back. From improvements at the school plant. Kelly have been truthtellers. These 1979 to 1988—this is the number of inci- A lot of our schools are old. When people—Mark and Gabby—are gun own- dents at schools; not the people killed, they were built, no one thought 5 sec- ers, proud gun owners. They are not but the number of school shootings— onds about some of these issues. Class- coming from a different place. Yet they there were 27. This is just for K–12. room locks, lighting, fencing, rein- are standing for sensible gun laws. I am This does not include the universities. forced doors, security assessments, so grateful to them for dedicating their So for K–12, from 1979 to 1988, 27 inci- training for students and teachers and lives to this, and I am so grateful to dents; from 1989 to 1998, 55 incidents; administrators, coordination with local the parents of the children and all the from 1999 to 2008, 66 incidents. law enforcement—there are so many victims at Sandy Hook for putting a This is a number we do not want to things we can do. But we know our human face on these numbers. keep going up. In so many of these school districts and our local police de- Madam President, 175—what does cases it could have been prevented. I partments are stretched right now. that mean? If you saw the faces you am not saying every case, but certainly We want to help them pay for some would know what it means. And some- in some cases. If we were able to do of these things—perimeter fencing, for times the wounds, as we see with something about the magazine capac- example, and cameras. You could see Gabby, are so hard to deal with. ity here, that would have a big impact someone coming onto the campus and We can make it harder for people who on the numbers as well. So we are mov- take action to either alert your school are criminals, who have no right to ing up, and that is not a good number. officers who may be there or your local have a gun, we can make it harder for The parents of the fallen children at police department to prepare. them by making sure they have to un- Sandy Hook and Oikos in my home We have had a similar program in dergo a background check. State have joined countless other par- place since 2002, but the authorization

VerDate Mar 15 2010 00:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.030 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2672 CONGRESSIONAL RECORD — SENATE April 16, 2013 expired in 2009. In the past, 5,500 ing the school grounds safer for stu- sociation of Elementary School Principals, schools have received these funds, but dents. Interior gates were placed at National Association of Secondary School the funds were not even sufficient. schools, providing the ability to lock Principals, National Rural Education Advo- cacy Coalition, Association of Educational Fifty-four percent of the entities that off specific areas of the schools during Service Agencies, National Rural Education applied for these grants were turned emergencies. Association, Virginia Tech Victims Family away. So we know this is a program Again, it is common sense. But when Outreach Foundation, American Association the schools like because they took ad- these schools were built, no one of University Women. vantage of it. But we ran out of funds. thought about this. Everything was Mrs. BOXER. I have left out PTAs, We want to make sure we reauthorize open. It is similar to the Capitol when National School Board Association, the this. In the past, programs such as the I came here. I am dating myself. A long NEA, and so on. We have a long list. one in the bill passed with a 307-to-1 time ago, you could go anywhere—no Look, we will never be able to stand vote in the House and the Senate 95 to metal detectors, no fences, walk up the here and say we have solved every 0. steps to the Capitol. We have lost a lot problem. We cannot. But we have to be What we do is reauthorize the Safety of that freedom. Our world is now to able to say, we have to be able to know in Schools Program for 10 years. We in- balance our freedom in the greatest we did everything we could to reduce crease the authorization to $40 million country in the world with security. these tragedies. As I stand here I a year. We allow more flexibility. We That is what we are trying to do with think, what will people say who do not do not say what they have to use it for. this. vote for this and the next tragedy By the way, they do not use it for more In Minnesota, we saw grants used to comes? What will they say? How can cops in schools. That is another issue. conduct security assessments and in- they look at their kids and their It is not in this particular piece. It is stitute safety training classes. In grandkids and say: I did not think it something I care about and want to Palmer High School in Colorado, they was right. work on. It is not in this bill. implemented a new surveillance, We need to do commonsense things What is in this bill is making capital lockdown, and evacuation procedure. around here, not put ideology ahead of improvements to the facilities. It is They doubled the number of doors that practicality. The slaughter of inno- not a one-size-fits-all. Some people do are operated by security cards, so it re- cents must stop. I am going to support not need a fence or a camera or a door. duced the number of outside individ- the Toomey-Manchin amendment. It We leave it up to the schools. Flexi- uals able to gain building entry. It closes the gun show and Internet loop- bility. We also do something Senator makes it harder for people to get in. It hole. It is not the perfect background WARNER truly wanted. We create a De- might be annoying for some parents, check I would write. We know that. partment of Justice and Department of but I think right now people realize But it is good. It is solid. It moves for- Education task force to develop advi- this is what is needed. It is this bal- ward. I am going to support Senator sory school safety guidelines. We in- ance. LEAHY—his amendment which will out- clude language from Senator GRASSLEY In Florida, in Leon County, which is law the abusive practice of straw pur- to ensure adequate grant account- responsible for 50 schools, they had no chasing and gun trafficking. I will sup- ability. Senator WARNER and Senator central point of contact to coordinate port Senator FEINSTEIN’s important KIRK also wanted to create a National communication across all school facili- amendment on assault weapons, to ban Center for Campus Public Safety, ties. So they set up, with the funds those weapons. She has worked so hard which will serve as a clearinghouse for from this program, a 24-hour emer- to make it fair and just and right. It education, training, and best practices. gency operations center which has sig- would also take high-capacity clips off Here is the thing. Some of our cam- nificantly reduced emergency response our streets. puses know how to do this and others time. There is one point of contact. Senator FEINSTEIN will have much do not. So we want to make sure there So what we have done in this bill is more to say on assault weapons. I will is a central place one can find out the not a one-size-fits-all. We do not say in withhold my remarks on that until best practices. here: You have to do 10 things. We say: that debate. Clearly, we have work to I was going to go through, in closing, You come up with the plan. You send it do. Clearly, we all carry from our State some of the ways these funds were ac- to the Department of Justice. They and in our hearts stories of this vio- tually used on the ground before this look at the plan. They work with you lence. Now we have a moment in time program expired. In Sulphur Springs, to make it good. If they think it is where we can actually act. I truly ap- TX, which is a school district made up worthwhile, we will fund it 50 percent. preciate this opportunity. of nine schools, they wanted to do a My final point. I want to show who ORDER FOR RECESS safety assessment. They were able to supports school safety provisions in the Mrs. BOXER. Madam President, I ask make that safety assessment so they bill: Fraternal Order of Police, Secu- unanimous consent that the time until knew what they had to do to make rity Industry Association, National 6 p.m. be for debate only; that at 6 p.m. their schools safer. Sheriff’s Association, National Asso- the Senate recess subject to the call of When they did their study, they ciation of School Resource Officers, the chair; that when the Senate recon- found they needed to replace older se- International Association of Campus venes the majority leader be recog- curity equipment and technology, ex- Law Enforcement Administrators. nized. pand restricted access keyway systems, I ask unanimous consent to have the The PRESIDING OFFICER. Without objection, it is so ordered. and placed classroom security levers on list printed in the RECORD. Mrs. BOXER. I suggest the absence of all doors, which allowed teachers to There being no objection, the mate- a quorum. lock doors from the inside. Simple rial was ordered to be printed in the The PRESIDING OFFICER. The point. You may say: Oh, that is not ex- RECORD, as follows: clerk will call the roll. pensive. Why do you need to spend LAW ENFORCEMENT AND SECURITY INDUSTRY The assistant legislative clerk pro- money? It sure adds up when you truly GROUPS ceeded to call the roll. want to secure a door and want to do it Fraternal Order of Police, National Sher- Mr. CRUZ. Madam President, I ask right. So if you have many doors, we iffs Association, National Association of unanimous consent that the order for can help them do these things. If they School Resource Officers, International As- the quorum call be rescinded. wanted to make sure they hardened sociation of Campus Law Enforcement Ad- The PRESIDING OFFICER. Without their facility, that is what the money ministrators, International Union of Police Associations, Security Industry Association, objection, it is so ordered. is for. Texas State University’s Advanced Law En- Mr. CRUZ. Madam President, I ask There is a township in New Jersey forcement Rapid Response Training Center unanimous consent to speak as in that used funds to secure perimeter (ALERRT). morning business. and playground areas by installing se- PARENTS, TEACHERS, AND ADMINISTRATORS The PRESIDING OFFICER. Without curity gates at elementary and inter- National Parent Teacher Association, Na- objection, it is so ordered. mediate schools to create a safer learn- tional School Board Association, National TRIBUTE TO MARGARET THATCHER ing environment. The new exterior Education Association, American Associa- Mr. CRUZ. Madam President, I rise fences defined school boundaries, mak- tion of School Administrators, National As- to honor the memory of Margaret

VerDate Mar 15 2010 00:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.032 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2673 Thatcher. When she passed, the United Ronald Reagan, when he spoke so She articulated the value of national States lost a great ally and the world clearly and addressed the Soviet Union pride and convinced the public of the lost one of the greatest champions of as an evil empire. He went on to ob- virtue of standing for freedom and liberty who has ever lived. I commend serve that Marxism would end up dis- against tyranny and oppression. our colleague Senator MITCH MCCON- carded on the ash heap of history. As Baroness Margaret Thatcher lays NELL for today offering a resolution At the time Margaret Thatcher’s down the tortured freedom she spoke of that was approved by unanimous con- comments and Ronald Reagan’s com- in 1976, we can pay no higher tribute to sent praising Thatcher’s leadership. I ments were derided by much of the in- her than to heed her arguments which commend all 100 Senators for con- telligentsia, the media, the academy, are as valid today as they were then. senting to and adopting that resolu- and by many observers who knew far It is unfortunate news accounts have tion. better than these seemingly naive indicated the U.S. Government will not I would like to spend a brief amount souls. They were derided when Presi- be sending a member of the current ad- of time talking about the incredible dent Reagan was asked: What is your ministration to her funeral tomorrow. import of Margaret Thatcher’s legacy. philosophy of the Cold War? He re- I hope those news accounts are mis- Margaret Thatcher became familiar to sponded: It is very simple. ‘‘We win, taken. so many of us in the United States they lose.’’ This was seen as a simple I hope President Obama, Vice Presi- after she started winning elections. We Manichean view of the world and not dent BIDEN or senior Members of the think of her as the scourge of the So- realistic. Yet I would suggest their vi- Cabinet make the decision to travel to cialist policies that threatened to ruin sion ushered in a far safer day for hu- Britain and to honor the incredible leg- acy of Baroness Margaret Thatcher. It Britain, as the resolute victor of the manity. was truly a providential blessing Mar- Falklands War, and, of course, as the Margaret Thatcher laid out the stark garet Thatcher served alongside Presi- ideological soulmate of President Ron- decision before the nation. dent Ronald Reagan and Pope John ald Reagan, who battled the Soviets. There are moments in our history when we Paul II. Together, the three of them I have always been fond of her admo- have to make a fundamental choice. This is did something which previously had nition that conservatives need to first one such moment—a moment where our been unimaginable. ‘‘win the argument,’’ then we will win choice will determine the life or death of our So many had opined the Cold War the vote; in other words, that we need kind of society—and the future of our chil- was unwinnable. We had to accept de- to effectively communicate our ideas dren. Let’s ensure that our children will have cause to rejoice that we did not forsake tente. We had to accept a condition in in order to prevail in elections, and their freedom. which the United States would con- elections will naturally follow as the stantly be in military conflict with the consequence of doing so. Margaret Thatcher won the argu- ment. She took office during Britain’s Soviet Union and our children would I would like to talk about her days constantly be in fear of potential cata- winning the argument, in particular, ‘‘winter of discontent’’ when Britain had double-digit inflation, a top in- strophic nuclear war. her seminal speech on January 19, 1976, Yet when Reagan, Thatcher, and entitled ‘‘Britain Awake.’’ At the time, come tax rate of 83 percent, and rising unemployment. She revolutionized the Pope John Paul all ascended to leader- it seemed to many that the conserv- ship together, they had the vision to do ative movement had failed. As James economy with free market ideas in her 10 years of service which ushered in a something very few imagined was pos- Callaghan succeeded Harold Wilson as sible, to win the Cold War without fir- the Labor Prime Minister, the Tories new decade of prosperity. When she took office, the top income ing a shot. were in apparent disarray. Had that been suggested in the 1970s, tax rate was 83 percent. It was cut to 60 Thatcher had wrested control of the this would have been diminished as percent and then to 40 percent. The party from former Prime Minister Ed- crazy talk. Yet this is precisely what middle tax rate was cut to 30 percent, ward Heath. Few gave her a chance at they did. Indeed, I would suggest in and the lowest tax rate was eliminated broader electoral success. Indeed, she modern times there are few, if any, altogether. said at the time she did not anticipate more deserving of the Nobel Peace When she took office, the top cor- a female Prime Minister in her life- Prize than those three leaders whose porate tax rate was 53 percent. She cut time. I would be remiss if I did not note vision, courage, and collective leader- it to 35 percent. The top capital gains Margaret Thatcher was Britain’s first ship transformed the global debate and tax rate was a stifling 75 percent. and, to date, only female Prime Min- ended the Cold War which jeopardized Thatcher cut it to 30 percent. As a re- ister. the very fate of humanity. There have sult of progrowth policies, unemploy- Thatcher was a trailblazer, and her been no other leaders in modern time ment fell from a high of 12 percent ascension wasn’t simply a matter of more deserving of recognition of a early in her tenure to 7.5 percent near breaking the glass ceiling as much as it prize such as the Nobel Peace Prize the end. Public spending as a percent- was refusing to acknowledge its exist- than the three leaders who avoided war age of GDP fell from 45.1 percent of ence. without firing a shot. Thatcher made the argument in that GDP to 39.4 percent of GDP. Inflation Today, many of us are the children of 1976 speech. She began by observing: fell from almost 22 percent in 1979 to a the generation which fought and won The first duty of any Government is to low rate of 2.4 percent in 1986. the Cold War. We can gratefully rejoice safeguard its people against external aggres- Perhaps the most telling tribute to that Margaret Thatcher and Ronald sion. To guarantee the survival of our way of Margaret Thatcher’s leadership is 3 Reagan and Pope John Paul II did not life. days after she gave her ‘‘Britain forsake our freedom. She then addressed the Soviet men- Awake’’ speech, the heroic fearless As the children of those great lead- ace, noting: ‘‘They put guns before but- speech, she was dubbed ‘‘The Iron ers, it is now incumbent upon us, the ter, while we put just about everything Lady’’ in the Communist news outlet, next generation, to ensure freedom re- before guns.’’ She bluntly and truth- the Red Star. mains every bit as vital and real, not fully said the Soviets were ‘‘a failure in When your military enemies are de- just for this generation but for our human and economic terms.’’ scribing you as formidable as ‘‘The children and their children’s children. She went on to tell the nation: ‘‘The Iron Lady,’’ it indicates you are win- Baroness Margaret Thatcher was an advance of Communist power threatens ning the argument, that your message extraordinary leader and courageous our whole way of life.’’ is being heard. leader, a woman of vision, a woman of However, she stated: Margaret Thatcher wasn’t great just principle, and a hero—a hero to the That advance is not irreversible, providing because she gave a good speech. She be- United States and to the world. All of that we take the necessary measures now. came great because she explained what us, in my judgment, are in her debt. But the longer that we go on running down was at stake. She articulated the I suggest the absence of a quorum. our means of survival, the harder it will be meaning of economic freedom, freedom The PRESIDING OFFICER. The to catch up. which allowed someone such as she, a clerk will call the roll. These comments strikingly were shopkeeper’s daughter, to rise to pros- The assistant legislative clerk pro- echoed not long after by President perity and leadership. ceeded to call the roll.

VerDate Mar 15 2010 00:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.033 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2674 CONGRESSIONAL RECORD — SENATE April 16, 2013 The PRESIDING OFFICER. The Sen- that could keep these weapons out of eral assembly session that concluded ator from Maryland. the hands of those who should not have last week. Governor O’Malley rec- Mr. CARDIN. I ask unanimous con- these weapons, the types of weapons ommended legislation adopted by the sent that the order for the quorum call which caused these massive killings. Maryland General Assembly that bans be rescinded. I support universal background assault weapons, limits the capacity of The PRESIDING OFFICER. Without checks for all firearms buyers as pro- magazine clips from 20 to 10, and in- objection, it is so ordered. posed by Senator SCHUMER. I congratu- creases restrictions on the possession Mr. CARDIN. Madam President, let late my colleagues, Senators MANCHIN of firearms and ammunition by con- me begin by offering my deepest condo- and TOOMEY, for coming to a bipartisan victed criminals and those with mental lences on behalf of all the people of consensus on strengthening the current health disqualifications. Maryland for the 20 students and 6 background check system. The President was correct to take ex- adults who lost their lives at the hands The background check proposals for ecutive action to strengthen and en- of a single shooter at Sandy Hook Ele- the first time would require back- hance our gun safety laws, but now it mentary School in Newtown, CT, on ground checks for all gun sales in com- is time for Congress to act. The victims December 14, 2012. Some of the victims mercial settings, including at gun of gun violence deserve to have Con- put themselves in harm’s way in order shows, Internet, and in classified ads. I gress take an up-or-down vote on these to save the lives of children, true he- believe this legislation will keep guns issues. roes. out of the hands of convicted felons, To my colleagues who have reserva- We have an obligation to the Sandy domestic abusers, and seriously men- tions about this legislation, let me cite Hook families to seize this moment, set tally ill who have no business buying a the Heller decision. In June 2008 the our political fears aside, and act re- gun. Studies have shown nearly half of Supreme Court decided the District of all current gun sales are made by pri- sponsibly. America has more than 3,300 Columbia v. Heller. The Court held vate sellers who are exempt from con- victims of gun violence nationwide that the Second Amendment protects ducting background checks. since the shooting at Sandy Hook Ele- individuals rather than a collective mentary in Newtown, CT. Each heart- It makes no sense that felons, fugi- tives, and others who are legally pro- right to possess a firearm. The Court breaking event is shocking in its own also held the Second Amendment right right but also tears us apart, won- hibited from having a gun can so easily use a loophole to buy a gun. Once is not unlimited, and it is not a right dering what could we have done to pre- to keep and carry any weapon whatso- vent this from happening. again, the use of a universal back- ground check will have no impact on ever in any manner and for any pur- I am proud the Senate has come to- pose. Justice Scalia wrote for the gether to engage in a real debate on the legitimate needs of people who are entitled to have weapons, but it could Court in that case, and I am going to what steps should be taken to mini- quote Justice Scalia: mize the risk of future shootings. and would help us keep our commu- nities safe by keeping weapons out of . . . nothing in our opinion should be taken The safety of our children and com- to cast doubt on the longstanding prohibi- munities should never be put at risk by the hands of our criminals who have se- rious mental illness, domestic abusers. tions on the possession of firearms by felons partisan gridlock. I agree with Presi- and the mentally ill, or laws forbidding the We need to stop their ability to easily dent Obama. We cannot wait for an- carrying of firearms in sensitive places such obtain weapons as they do today. other tragedy to enact commonsense, as schools and government buildings, or laws This legislation strengthens the Na- reasonable gun safety measures, espe- imposing conditions and qualifications on tional Instant Criminal Background cially on weapons of war which have no the commercial sale of arms. Check System by incentivizing States Justice Scalia recognized Congress’s legitimate civilian use. to improve their reporting system and I am sympathetic to the interests of right, and I would say obligation, to removing certain barriers to the sub- legitimate hunters and collectors, but make sure those who are not qualified mission of critical mental health we should reinstate the Federal ban on to own a firearm do not get that fire- records. arm. We have an obligation to make assault weapons. We should also pro- This legislation also makes it easier sure that background checks are effec- hibit high-capacity ammunition clips for Active-Duty military personnel to tive so as to keep out of the hands of which hold more than 10 rounds at a buy guns in States where they live and criminals and those who have serious time. We must take steps together to are stationed for duty. It clarifies peo- strengthen our mental health system, ple traveling across State lines may mental health issues the opportunity make our schools safer, crack down on carry guns which are locked and un- to easily obtain a firearm, as they can gun traffickers, straw purchasers, and loaded. in many States today. reduce the glorification of violence in It is heartbreaking to listen to sto- The legislation pending before the our culture. ries of innocent lives cut cruelly short. Senate is in full consistency with the The elimination of assault weapons The pain and grief of families and Heller decision and the language of in our community would have minimal friends of these students and teachers Justice Scalia’s opinion for the Court. or no impact on legitimate hunters or is unimaginable. We know that teach- I know we can protect children while legitimate gun owners, but it could ers and the aides put their lives on the still protecting the constitutional save lives. Listen to what law enforce- line to try to save children, and that rights of legitimate hunters and exist- ment says. They don’t think it is a fair first responders coming to the scene ing gun owners. We should take that fight when they have to go up against had the unbelievable task of not know- action on behalf of the safety of our a criminal who has an assault weapon. ing what they would find. We send our communities. It is our obligation to The criminal has the advantage. We prayers to all, but we have to do more act. should support law enforcement and than just say words. We are going to be With that, Madam President, I yield get assault weapons off the street. judged by our deeds, and we have a the floor. Listen to the accounts of the mas- chance to take action that will be help- The PRESIDING OFFICER. The Sen- sacres we have seen when the perpetra- ful. ator from Rhode Island. tors had these clips with so many This is a tragedy beyond words. I Mr. WHITEHOUSE. Madam Presi- rounds of ammunition. At Sandy Hook, think President Obama said it best dent, we are gathered in the Senate in they went into a classroom and used when he said that our hearts are bro- the somber shadow of the events in the number of bullets which were in ken. Congress needs to come together Boston at the marathon, and I guess I that round to massacre children. This and take action to protect the safety of will start by conveying my sympathies was tragic. The consequences could our children. We must do better. There to the individuals and their families have been different if these large am- have been too many episodes in which who were killed or hurt in that terrible munition clips were not available. It children’s lives and others have been act. I share the determination of so could save lives. lost. We must figure out a way to pre- many people that our law enforcement Dealing with mental health issues, vent these types of tragedies. folks will indeed get to the bottom of dealing with school safety issues, deal- I am pleased the State of Maryland this; that they will get the resources ing with straw purchase purchases, all has recently taken action in the gen- they need, and we will have answers

VerDate Mar 15 2010 01:06 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.035 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2675 and justice for the families who are af- marks. They are the American Enter- found from 2007 to 2011 the 10 organiza- fected. prise Institute, the Cato Institute, the tions I cited—the top 10—were quoted CLIMATE CHANGE Competitive Enterprise Institute, the or cited or had articles published over I rise today, though, on the subject I Heartland Institute, the Heritage 1,000 times—over 1,000 times—in 60 come to the floor every week we are in Foundation, the Hudson Institute, the mainstream newspapers and print pub- session to discuss, which is the need for Institute for Energy Research, the lications, and invariably they were pro- this body to wake up to the reality of George C. Marshall Institute, the Man- moting fossil fuels, undermining re- the clear scientific consensus that hattan Institute, and the Mercatus newable energy, or attacking environ- human activity is driving serious Center. mental policies. changes in our climate and oceans. Who is giving? Well, Charles Koch is That is good investing—spend mil- For more than two decades the fossil the chairman and CEO of Koch Indus- lions of dollars on a handful of think fuel companies and certain rightwing tries and the sixth richest person on tanks to protect billions of dollars in extremists have cooked up a well-orga- the planet. Koch Industries is the sec- profits. Really, it is a 1,000-to-1 return. nized campaign to call into question ond largest privately held company in But here is the problem. The public is the scientific evidence of climate the United States of America. Koch unaware of the connection usually. change. The paid-for deniers then man- companies include the Koch Pipeline Only a handful of these attacks were ufacture an interesting product—they Company and Flint Hills Resources, accompanied by any explanation by the manufacture uncertainty—so the pol- which operates refineries with a com- media the fossil fuel industry was in- luters who are doing the paying can bined crude oil processing capacity of volved in them. also keep polluting because a sufficient more than 292 million barrels per year. Here is one prime example: Last sum- atmosphere of uncertainty has been That much oil accounts for 126 million mer, when the Navy displayed its great created to inhibit progress. metric tons of carbon pollution each green fleet, a carrier strike group that This is not a new strategy. We have year—as much as 35 coal-fired power- runs on a 50–50 blend of biodiesel and seen this played before. Industries plants produce or 26 million cars. petroleum, Institute for Energy Re- eager to drown out scientific evidence So to put it mildly, this fellow has search president Thomas Kyl wrote a to maximize profit is not a new story. some skin in the game. Between 2006 column for U.S. News and World Re- They questioned the merits of requir- and 2010, the Charles G. Koch Founda- port calling that initiative ‘‘ridicu- ing seatbelts in automobiles, they tion gave almost $8 million to think lous’’ and ‘‘a costly and pointless exer- questioned the toxic effects of lead ex- tanks and institutes, including $7.6 cise.’’ Never mind for a moment our de- posure, and they questioned whether million to the Mercatus Center, and fense and intelligence communities tobacco was really bad for people. Well, $100,000 to the American Enterprise In- have repeatedly warned of the threats they were wrong then and they are stitute. posed by climate change to national se- wrong now about climate. Charles Koch, along with his brother curity and international stability and Interestingly, they do not actually David, also established the Claude R. of their own need to secure a reliable care. It is not their purpose to be accu- Lambe Charitable Foundation—those and secure fuel supply. rate; they just want to create doubt, to two have the same source—and they di- What is misleading is that the U.S. sow enough of a question to stop rect that foundation’s giving as well. News and World Report in publishing progress. So these sophisticated cam- This foundation provided almost $5 that article attributed the column sim- paigns are launched to give the public million to climate-denying think tanks ply thus, ‘‘Thomas Pyle is the presi- the false impression there actually is a and institutes, including over $1 mil- dent of the Institute for Energy Re- real scientific debate over climate lion to the Cato Institute and more search,’’ with no mention the Institute change. In the Senate, regrettably, than $2 million to the Heritage Foun- for Energy Research is a front for big some of my colleagues even promote dation. donors such as the Claude R. Lambe this view. The Earhart Foundation was started Charitable Foundation and But let’s be practical. Which is the by Henry Boyd Earhart, using funds ExxonMobil. more likely case: Are a handful of non- from his oil business, White Star Refin- Madam President, I ask unanimous profit environmental groups using ing Company—now a part of, you consent to speak for 5 additional min- their limited funding to pay off lit- guessed it, ExxonMobil. The Earhart utes. erally hundreds and hundreds of cli- Foundation has donated almost $1.5 The PRESIDING OFFICER. Is there mate scientists in an internationally million to climate denier groups, objection? coordinated hoax to falsify com- $370,000 to the American Enterprise In- Without objection, it is so ordered. plicated climate research? Really? Or stitute, $330,000 to the Cato Institute, Mr. WHITEHOUSE. The problem is is it more likely that fossil fuel cor- and another $195,000 to the George C. that this is one example of a mis- porations are using a slice of their im- Marshall Institute. leading practice that is the norm in the mense profits to float front groups to That leaves us, of course, media. More than half of the time, protect their immense profits? Well, I ExxonMobil itself, which is the second media outlets do nothing more than think the answer to that question is largest corporation in the world and state the name of the publishing orga- obvious just from the logic, but we often the most profitable. Ranked No. 1 nization, such as ‘‘Thomas Pyle and don’t have to apply logic. We can fol- among Fortune 500 companies, its total the Institute for Energy Research,’’ or low the money and look at evidence. revenues reached nearly $1⁄2 trillion in they may add a functional description According to an analysis by the 2012, and their profits were nearly $45 such as ‘‘think tank’’ or ‘‘nonpartisan Checks and Balances Project, a self-de- billion. ExxonMobil produces over 6 group.’’ scribed pro-clean-energy government million barrels of oil per day at its 36 The instances where the publication and industry watchdog group, from 2006 refineries in 20 countries. So it is the described the basic ideology of the to 2010, four sources of fossil fuel world’s largest oil producer. From 2006 group—for example, as a ‘‘free market’’ money—just four of them—contributed to 2010, the petroleum giant gave insti- or ‘‘conservative’’ think tank—amount more than $16 million to a group of tutes more than $2.3 million: $1.2 mil- to less than one-third. In all of the conservative think tanks that go about lion to the American Enterprise Insti- media outlets reviewed between 2007 the business of being publicly critical tute, $220,000 to the Heritage Founda- and 2011, the financial ties between the of climate science and of clean energy. tion, $160,000 for the Institute for En- authors and the fossil fuel industry Those four sources are the Charles G. ergy Research, and $115,000 for the were mentioned a mere 6 percent of the Koch Foundation, the Claude R. Lambe Heartland Institute. time. Ninety-four percent of the time, Charitable Foundation, the Earhart So what did the Charles G. Koch the fossil fuel industry funders got Foundation, and oil giant ExxonMobil. Foundation and the Claude R. Lambe away with it. On the receiving end is a lengthy ros- Charitable Foundation and the Earhart This chart shows some of the exam- ter of well-known and often-cited Foundation and ExxonMobil get for all ples. The Washington Post ignored the right-ward leaning outfits. We will just of that so-called charitable giving? financial connection 88 percent of the talk about the top 10 in this set of re- Well, the Checks and Balances Project time, Politico ignored the financial

VerDate Mar 15 2010 01:06 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.036 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2676 CONGRESSIONAL RECORD — SENATE April 16, 2013 connection 95 percent of the time, the are with everyone who has been af- thing we need to do is stigmatize men- Christian Science Monitor ignored it fected. tal illness. I said this many times be- every time, USA TODAY ignored it 98 Franni and I went to school in Bos- fore, and I will say it again because it percent of the time, and the New York ton. In fact, we met more than 43 years bears repeating, and it is very impor- Times ignored it 90 percent of the time. ago at a freshman mixer in Copley tant to me: The vast majority of people So the scam of laundering money Square, so we know Boston. We have with mental illness are no more violent through independent-sounding organi- witnessed firsthand the kind of com- than the general population. In fact, zations works. The media lets it work. passion and resilience we have seen they are more frequently the victims of The vast majority of scientists agree from Bostonians, and I have faith we violence than others are. that global warming is occurring, but a will find whoever did this and bring There is a very small subset of those recent Gallup Poll revealed that only that person or those persons to justice. with serious mental illnesses who may 62 percent of Americans believe that Mr. President, I came to the floor become more violent if they are not di- the vast majority of scientists agree today to speak in support of the gun vi- agnosed and treated, and that is the that global warming is occurring. olence legislation we are considering. one place where this issue of mental Well over 90 percent of scientists Since the tragedy in Newtown, we have health intersects with the issue of vio- agree that climate change is happening been asking ourselves what we should lence. Improving access to mental and that humans are the main cause. do to address this problem of gun vio- health care is all about improving peo- The only uncertainty is about how bad lence in our country. ple’s lives. It is about helping people it is going to be, and the leading re- My primary focus in the wake of with mental illness and their families search predicts warmer air and seas, Newtown has been on mental health. by making them happier and more pro- rising sea levels, stronger storms, and Improving the access to mental health ductive people. However, today we are care has been one of my top priorities more acidic oceans. talking about gun violence prevention Most major players in the private since I came to the Senate, and I am legislation. glad people are beginning to focus sector actually get it. While the big People have strongly held views on more on the issue. If we are going to both sides—or all sides—of this issue. fossil fuel polluters try to confuse the make mental health a part of this, let’s Not only is that true in Minnesota, it public in order to boost their bottom make it more than just a talking point. is true throughout the country. Min- line and prolong their pollution, hun- Let’s make it a true national priority. nesota has a proud tradition, like Indi- dreds of leading corporations under- Let’s really do something to improve ana, of responsible gun ownership. stand that climate change ultimately access to treatment for folks who need We are home to many sportsmen and undermines our entire economy. Let it. sportswomen. Generations of Minneso- me mention some of the examples: the Since the first day I got here, I have tans have learned to hunt pheasants, Ford Motor Company; Coca-Cola; GE; been pushing the administration to deer, and ducks from their parents, Walmart; the insurance giant Munich issue the final regulations for the their grandparents, their aunts and un- Re; Alcoa, the great aluminum maker; Wellstone-Domenici Mental Health cles, friends and neighbors. We cherish Maersk; Proctor & Gamble; FedEx; and Parity and Addiction Equity Act, our traditions and our Second Amend- the so-called BICEP group, which in- which requires insurance plans to cover ment right to bear arms for collection, cludes eBay, Intel, Starbucks, Adidas, mental health and addiction services protection, and sport. and Nike. and to do so to the same extent they Minnesota has both urban and rural This notion that this is a hoax, that cover medical and surgical services. areas. It is home to moms, dads, teach- there is doubt, is belied by some of the Five years after that bill was signed ers, law enforcement officers, and most respected names in the private into law, at long last the administra- health care providers too. We have sector. Those companies join the Na- tion has promised to implement it, and members of the National Rifle Associa- tional Academies, they join NASA, to do so by the end of the year. I expect tion and members of the Brady Cam- they join the U.S. Department of De- the administration to follow through paign Against Gun Violence. fense, the Government Accountability on that commitment. After the shooting at Sandy Hook, I Office, the American Public Health As- I have also introduced the Justice reached out to my constituents. I got sociation, and, yes, the United States and Mental Health Collaboration Act on the phone, I traveled across the Conference of Catholic Bishops, as well to help law enforcement officers re- State, I convened roundtables, I talked as a majority of Americans in under- spond to mental health crises in their to hunters, school officials, law en- standing that it is time to wake up, to communities and improve access to forcement officers, and mental health end this faux controversy that has been mental health treatment for people experts. I wanted to hear Minnesotans’ cooked up by the fossil fuel industry, who end up in the criminal justice sys- ideas, their hopes, their concerns, and and to do the work in Congress that tem. This is a bipartisan, bicameral their thoughts because it was and is needs to be done to protect Americans bill that I have been working on since important to me to approach this in a from the harms of carbon pollution. last year, well before the tragedy in deliberative way. I yield the floor. Newtown. Here is what I took away from these f In January I introduced the Mental conversations: Minnesotans want us to Health in Schools Act which will im- take action to reduce gun violence and RECESS prove children’s access to mental make our communities safer, but they The PRESIDING OFFICER. Under health services. Catching these issues want us to do it in a way that honors the previous order, the Senate stands at an early age is very important. I the Second Amendment and respects in recess subject to the call of the met with some mothers from the Minnesota’s culture of responsible gun Chair. Mounds View School District in Min- ownership. There is a balance to be Thereupon, the Senate, at 6:04 p.m., nesota about this matter. Their chil- struck there. recessed subject to the call of the Chair dren’s lives, their own lives, and their The overwhelming majority of gun and reassembled at 7 p.m. when called families’ lives were changed for the owners are law-abiding citizens who re- to order by the Presiding Officer (Mr. better because the kids got access to sponsibly use their guns for recreation DONNELLY). the mental health care they needed at and self-protection. Their concern f an early age. should not be dismissed or trivialized. My bill has 17 cosponsors and key Their rights should not be undermined SAFE COMMUNITIES, SAFE provisions have been included in a because of the horrible acts of just a SCHOOLS ACT OF 2013—Continued package which was recently reported few. So I suggest that our goal should The PRESIDING OFFICER. The Sen- out of the HELP Committee. I look for- be to take whatever steps we can to re- ator from Minnesota. ward to considering that legislation on duce gun violence and improve public Mr. FRANKEN. Mr. President, I want the Senate floor soon. I urge my col- safety without unduly burdening law- to start off by saying I am deeply sad- leagues to support this legislation. abiding, responsible gun owners. I be- dened by the tragedy in Boston. These are important measures, but lieve that is what the Safe Commu- Franni’s and my thoughts and prayers let me be absolutely clear: The last nities, Safe Schools Act, the Manchin-

VerDate Mar 15 2010 01:06 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.039 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2677 Toomey amendment, and the assault this done. If we cannot get this done, I Well, I went back and looked at the weapons ban do. am afraid it is because we have relied studies. What they actually say—and First, we need to improve the Na- on fears and falsehoods instead of on they say it over and over—is that it tion’s background check system, and facts. was premature to draw definitive con- we need to strengthen our laws to com- For instance, some have argued that clusions about the ban’s effectiveness. bat straw purchases and gun traf- an expanded background check system Here is what they said: ficking. This was one of the key rec- will result in a Federal gun registry, It is premature to make definitive assess- ommendations I have taken away from but Federal gun registries are banned ments on the ban’s impact on gun violence. my meeting with law enforcement under existing law and the legislation The effects of the [assault weapon and leaders in Minnesota. I think back- large-capacity magazine] ban have yet to be we are considering would not repeal or fully realized; therefore, we recommend con- ground checks are the single most im- weaken that. In fact, the Manchin- tinued study. portant thing we can do to save lives. Toomey amendment would strengthen The ban’s reauthorization or expiration Today background checks are re- the current prohibition on Federal gun could affect gunshot victimizations, but pre- quired only when a gun is sold by a fed- registries. dictions are tenuous. erally licensed dealer. Background The other argument we have heard is I could go on and on. The reports re- checks are used to determine whether a that we should not bother improving peat this point time and time again. If perspective buyer has a felony convic- the background check system until we anything, the Justice Department re- tion, is a fugitive from the law, has a do a better job prosecuting those who port suggests a ban would be effective. restraining order against him, or has a cheat the background check system For example, they said: ‘‘It could con- serious mental illness. The problem is under current law. There is really no ceivably prevent hundreds of gunshot that people who cannot pass a back- reason we cannot do both, enforce and victimizations annually and produce ground check simply go to a gun show improve the law. In fact, that is ex- notable cost savings in medical care.’’ or go on the Internet or to the classi- actly what the legislation does. It is simply not possible to read those fied ads to get a gun instead, and that This legislation expands the back- studies and honestly say they prove an is exactly what they do. ground check system and strengthens assault weapons ban is ineffective. By some estimates about 40 percent the penalties for straw purchasers and Another argument we have heard of all gun transactions are processed gun traffickers. So I strongly support against Senator FEINSTEIN’s bill is it without a background check. This is these proposed improvements to the will undermine one’s ability to defend like having two lines at the airport: background check system and to our oneself. But here is the thing: The one where people go through the secu- gun trafficking laws. record contains no evidence of a real rity screening and one where they The Judiciary Committee also re- case in which someone actually needed don’t, and those passengers are the a large-capacity magazine or assault ported Senator FEINSTEIN’s assault ones who choose which line they stand weapons ban to the Senate floor. The weapon for self-defense. in. Would anyone feel comfortable on a During our first hearing, a witness bill would ban the future manufacture plane if they knew that 40 percent of submitted many examples where guns of large-capacity magazines and cer- the passengers didn’t go through the were used in self-defense, but I have tain weapons with military-style char- security check and they were the ones not seen any evidence that any one of acteristics. This bill will not require who chose not to go through the secu- those cases actually involved a weapon anyone to forfeit a gun he or she al- rity check? that would be banned under Senator ready has. The Manchin-Toomey amendment FEINSTEIN’s bill. At our last markup, will expand background checks to gun We saw the damage assault weapons one of my colleagues submitted some shows and other congressional trans- or large-capacity magazines can do at additional cases for the record, but, actions. These checks are not an undue Newtown, Tucson, Aurora, and else- again, after reviewing that list, I am burden. They can typically be con- where. Here is what Milwaukee Police not persuaded an assault weapon or ducted in a matter of minutes through Chief Edward Flynn said about assault large-capacity magazine was needed for NICS, the National Instant Criminal weapons at a recent Judiciary Com- self-defense in any of those instances. Background Check System. The mittee hearing: Rather than presenting real cases in amendment excludes certain ex- Assault weapons are built to inflict vio- which someone actually needed an as- changes, such as when a Minnesotan lence against humans. Their military char- sault weapon or a large-capacity maga- hands his gun down to his son or to her acteristics are not merely cosmetic in na- zine to defend oneself, opponents of ture. These weapons are designed for combat. Senator FEINSTEIN’s bill instead asked daughter. They are designed to quickly, easily, and ef- The Manchin-Toomey amendment ficiently cause lethal wounds to humans. us repeatedly to imagine hypothetical fixes another problem. We all know situations where these weapons were We are not talking about just mass background checks are only as good as needed for self-defense. the database they use. The problem is shootings. For instance, studies sug- Sure, I can imagine hypothetical that a lot of States are not submitting gest that large-capacity magazines cases, but I am not sure what value court documents and other records to may be used in up to a quarter of all that holds, because I can also imagine NICS. The amendment will provide new gun crimes and 41 percent of police someone using a large-capacity maga- incentives and penalties to make sure murders. zine or an assault weapon to massacre the States do a better job. I believe the assault weapons ban will people at an elementary school or a This law will work. Since we started make our communities safer without movie theater or a supermarket park- administering instant background unduly interfering with the rights of ing lot. I can imagine these things be- checks more than 1.7 million felons, fu- responsible gun owners. I think the bill cause they really happened. That is the gitives, domestic abusers, and people strikes an appropriate balance. Others reality. And it is reality we should be with serious mental illnesses have been disagree, and I respect their views, but talking about. denied access to firearms—and that is there are a few arguments that have I asked Philadelphia Mayor Michael under the system that exists today been advanced against the assault Nutter, the president of the U.S. Con- with all of its loopholes and flaws. weapons ban that I wish to address. ference of Mayors, about this and he We have seen that women are less The first argument we have heard said: ‘‘This idea that these weapons are likely to be killed by an intimate part- against Senator FEINSTEIN’s bill is that for self-defense is, based on our experi- ner in States that have expanded their Justice Department studies have ence, completely absurd.’’ own background check systems. And, proved the assault weapons ban was in- The final argument I wish to address look, about 90 percent of Americans effective. During our first hearing, a is one of the most important. Some want us to pass this measure—90 per- witness said: ‘‘Independent studies, in- have argued a ban on assault weapons cent. This is not a Republican idea, it cluding a study from the Clinton Jus- and large-capacity magazines is uncon- is not a Democratic idea, it is just a tice Department, proved that ban had stitutional. The problem with the argu- good idea. no impact on lowering crime.’’ And ment is it typically rests on the I think it would be a remarkable fail- others, including my colleagues, re- premise that the Second Amendment is ure of our democracy if we cannot get peated this claim. absolute or unlimited.

VerDate Mar 15 2010 01:06 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.041 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2678 CONGRESSIONAL RECORD — SENATE April 16, 2013 For example, during our committee interests at all. The question is wheth- tember. Reuven is an immigrant from markup, one of my colleagues asked er the law unduly burdens those inter- Israel and lived the American dream. Senator FEINSTEIN whether she would ests—whether it strikes an appropriate He started a company that employed ‘‘consider it constitutional for Con- balance between the Second Amend- dozens of people over the years and ex- gress to specify that the First Amend- ment interests at stake and the ported products to the rest of the ment shall apply only to the following public’s interest in its safety. We don’t world, even to China—something books and shall not apply to the books have to choose between the Second Reuven was always eager to tell people. that Congress has deemed outside the Amendment and saving lives. That is a And Reuven was especially proud of his protection of the Bill of Rights?’’ false choice. patented method for making Braille The point my colleague was trying to The Heller II Court correctly con- signs which, obviously, helped the make, I think, is that banning certain cluded that the District of Columbia’s blind. That was Reuven’s thing—help- guns is like banning certain speech, law—their assault ban—struck an ac- ing people. He was active in my syna- and that this ban would violate the ceptable balance and upheld DC’s ban gogue and in his community, and he Constitution. This line of argument as- on assault weapons and large-capacity will always be remembered for his gen- sumes the Second Amendment is abso- magazines. In fact, every court that erous spirit. lute and unlimited—that any new gun considered laws banning assault weap- Miya and Sam gave me a letter in law necessarily is unconstitutional. ons and large-capacity magazines has January just a few weeks after Sandy But one doesn’t have to be a con- upheld those laws as constitutional. I Hook and a few months after the mass stitutional scholar to know that rights am confident Senator FEINSTEIN’s bill shooting that took their father’s life, are not unlimited. In fact, my col- will be upheld in the courts as well. and others. This is what the letter said: league’s question actually makes that When my colleague began drawing While Congress cannot prevent every death very point. There are books that are comparisons to the First Amendment, I from gun violence, it has a moral obligation not protected by the First Amendment. was reminded of what Justice Potter to attempt to save as many lives as possible. The Bill of Rights does not protect Stewart famously said of obscenity: ‘‘I By passing this legislation, Congress can pre- libel. The Bill of Rights does not pro- know it when I see it.’’ The debate on vent some Americans from receiving the call tect child pornography. One cannot that is dreaded most—that their father or this issue changed the day that gun- mother, brother or sister, spouse or child yell ‘‘fire’’ in a crowded movie theater man massacred 20 little children and 6 will not be coming home. . . . I want my where there is no fire. educators with an assault weapon and story told so that other families will not And, likewise, the Second Amend- large-capacity magazines at an elemen- have to go through the devastation that ment does not protect the rights of ev- tary school in Newtown. That was an mine has been through. eryone to carry whatever weapon he obscenity. Americans knew it when And then there is Neil Heslin. He likes in anyplace he wishes for what- they saw it. came to Washington to testify at a Ju- ever purpose he desires. The Second I hope we will continue to debate diciary Committee hearing a few weeks Amendment does not entitle felons or these issues in the days ahead. Debate ago. Neil told us about the morning of fugitives or domestic abusers or people is important, especially when people the shooting at Sandy Hook when his with serious mental illnesses to carry feel so strongly on both sides of this son Jesse was killed. On the way to guns. It does not entitle Americans to issue. I respect those who hold dif- school that morning, Neil and Jesse own a fully automatic machine gun or ferent views, and I hope they respect stopped at the deli to get breakfast. a bazooka or to bear nuclear arms. mine. Neil got coffee. Jesse got what he Here is what Justice Antonin Scalia As we debate this issue, I hope we called coffee, which was really hot said in the Heller decision: keep in mind what Gabby Giffords, chocolate. That is the part of the story Like most rights, the right secured by the Miya and Sam Rahamin, and Neil that has really stayed with me. It is a Second Amendment is not unlimited. . . . Heslin told us during our committee small detail but it is a pure detail. It The right is not a right to keep and carry hearings. Gabby Giffords was shot in says something about how an innocent any weapon whatsoever in any manner what- the head during the massacre in Tuc- soever and for whatever purpose. child looks up to his dad. son in 2011. Six people died that day. Neil was in a good mood. Christmas Senator DURBIN chaired a hearing on The youngest among them was Chris- was around the corner and he had plans this issue in February. I was persuaded tina-Taylor Green, the 9-year-old girl to make gingerbread houses with Jesse by Professor Lawrence Tribe’s testi- who loved to dance and who very well and Jesse’s classmates that afternoon. mony. He examined the legislation and may have followed in Gabby’s foot- Talking to Neil, you kind of got the said: ‘‘I’m convinced that nothing steps. sense that he was just as excited about under discussion in the Senate Judici- Christina-Taylor had just been elect- this as the kids were—maybe more so. ary Committee represents a threat to ed to the student council at her ele- He really cherished this time together. the Constitution or even comes close to mentary school and she had taken an After they had their ‘‘coffees,’’ Neil violating the second amendment.’’ Re- interest in public service at a young dropped Jesse off at school. It was 9:04 member, Professor Tribe has supported age. That is why she was visiting her a.m. Neil told us this: gun rights. He argued for an individ- Congresswoman. Christina-Taylor was Jesse gave me a hug and a kiss. And he ual’s right to bear arms many years be- killed with the 13th bullet fired that said, ‘‘Goodbye, I love you.’’ Then he fore the Heller decision. day. Christina-Taylor Green is not stopped, and he said, ‘‘I love mom, too.’’ I was also persuaded by the DC Cir- with us anymore, but by some miracle That was the last I saw of Jesse. cuit Court of Appeals’ analysis in Hell- Gabby is, and Gabby has used this sec- Neil is not a political guy. In fact, he er II. There, the Court examined the ond lease on life to be a voice for peo- told us: District of Columbia’s assault weapons ple such as Christina. Gabby mustered Half the time, I think it doesn’t matter ban by asking a series of questions. every bit of energy she could to appear which group of you guys runs things out First, to what extent does this law bur- before the Judiciary Committee in there, no offense. den an individual’s right to bear arms January. Let’s not forget what she But he continued: for lawful purposes? Second, how does said, which was this: Let me tell you, when you’re sitting at a that burden compare with the public’s Speaking is difficult, but I must say some- firehouse and it’s one in the morning and interest in implementing the ban? Fi- thing important. Violence is a big problem. you’re hoping against hope that your son is nally, is the ban sufficiently well tai- Too many children are dying. Too. Many. still hiding somewhere in that school, you lored to that public interest? Children. We must do something. It will be want any change that makes it one bit more This is the sort of inquiry that is typ- hard. But the time is now. You. Must. Act. likely that you’ll see your boy again. ical in constitutional cases, and I think Be bold. Be courageous. Americans are For me, that is what this is about, to it is appropriate in the Second Amend- counting on you. make any change that will make it one ment context too. It is nuanced and Miya and Sam Rahamim asked us to bit more likely that the next Jesse will principled, not absolutist. The con- take action too. They lost their father live to make gingerbread houses at stitutional question is not whether a Reuven when a gunman opened fire at Christmas. To see so many innocent law touches upon Second Amendment a sign factory in Minneapolis in Sep- lives lost on that December morning,

VerDate Mar 15 2010 02:45 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.042 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2679 so many hopes and dreams dashed, so The assistant legislative clerk pro- making private label socks not only in many families grieving, the country ceeded to call the roll. America, but in Vermont, since 1978. Third was heartbroken, my wife and I were Mr. REID. I ask unanimous consent generation owner Ric Cabot, who launched heartbroken, and we are still. I wish we that the order for the quorum call be the company’s own label—Darn Tough Vermont—in 2004, says one of the secrets to could offer more than our thoughts and rescinded. Darn Tough’s success is the deceptive dif- our prayers and the thoughts and pray- The PRESIDING OFFICER. Without ficulty of making a good sock. ers of our fellow Minnesotans. objection, it is so ordered. ‘‘People think socks are easy to do, it’s We cannot turn back time. We can- f just a pair of socks, how hard could it be?’’ not bring back the lives we have lost. Cabot said. ‘‘I guess that allows people to But if there is something we can do MORNING BUSINESS come into the market, but the staying power of companies that don’t produce their own today in this Chamber—this week in Mr. REID. Mr. President, I ask unan- this Chamber—to save lives in our product is very short. There are so many imous consent that we now proceed to people that are doing it well, it’s hard to communities tomorrow, to make it a period of morning business, and Sen- maintain a presence.’’ more likely that boy will be coming ators be allowed to speak for up to 10 Perhaps the best symbol of Cabot’s fastidi- out of the school, then I think we minutes each. ousness when it comes to socks is the 18-inch should do it. The PRESIDING OFFICER. Without ruler projecting incongruously out of his Thank you. objection, it is so ordered. back pocket when he greets visitors at the I ask unanimous consent that the front door of the plain metal building that f time for debate only be extended until houses Darn Tough. 8:30 p.m. and that at 8:30 p.m. the ma- RECOGNIZING DARN TOUGH Cabot sat on the ruler and broke it about 20 years ago. He had one of Cabot’s mainte- jority leader be recognized. VERMONT nance workers glue it back together, giving The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, Vermont it the look of a broken bone that has healed objection, it is so ordered. is known for many of its great busi- well. There are certain things, Cabot says, Mr. FRANKEN. I suggest the absence nesses and products. Among those suc- you don’t want to replace. Cabot is never without his ruler as he of a quorum. cessful companies is Darn Tough The PRESIDING OFFICER. The roams the knitting floor and quality control Vermont, whose brand represents the departments of Darn Tough, handling socks, clerk will call the roll. commitment to quality and excellence The assistant legislative clerk pro- and measuring them. that defines Vermont. For nearly a ‘‘I sweat quarter-inches,’’ Cabot says. ‘‘The ceeded to call the roll. decade, Darn Tough Vermont has been first thing I do when I pick up a sock, is it Mr. REID. Mr. President, I ask unan- making the type of quality products the right length? If a sock is the right imous consent that the order for the our Nation has grown to expect from length, that means a lot of people are doing quorum call be rescinded. Vermonters. their jobs.’’ The PRESIDING OFFICER. Without Later, at a quality audit station, Cabot Darn Tough was launched in 2004 by objection, it is so ordered. picks up a sock, a men’s large. Mr. REID. Mr. President, I ask unan- Ric Cabot, whose family founded Darn ‘‘Socks that made it this far, there’s not imous consent that it be in order for Tough’s parent company in Vermont 35 going to be a huge hole, or wrong color, but the sizing should be right,’’ he says. ‘‘This the Manchin-Toomey amendment No. years ago. For three generations, the Cabot family has stayed true to their should be at or on 103⁄4 inches.’’ 715 to be set aside and the following It’s dead on. Socks, Cabot explains, are a amendments be in order to be called roots and committed to the Northfield community. While other clothing man- math problem, ‘‘like most things in life.’’ up: Grassley substitute amendment Among the numbers you have to work out consistent with the summary, which is ufacturers have outsourced their labor, are the size and gauge of the needles used to at the desk; Leahy-Collins amendment the Cabots carry on where they knit the socks. The gauge of the needle is ba- No. 713, trafficking; Cornyn amend- began—manufacturing in New England, sically how many needles you can fit in a ment No. 719, conceal carry; Feinstein keeping faith with their customers and circumference, because socks are knit in a circle. amendment No. 711, assault weapons- their 120 employees. Darn Tough has a local feel to those ‘‘Those needles are in a cylinder,’’ Cabot clip bans; Burr amendment No. 720, says. ‘‘You have to take into account needle veterans-guns; Lautenberg-Blumenthal who visit its factory and know its oper- ators, but the company’s name brand is size, cylinder size, what’s the right weight of amendment No. 714, high-capacity clip wool, nylon and Lycra? How are you going to ban; Barrasso amendment No. 717, pri- known across the country and around reinforce it? How many stitches per inch? vacy; and Harkin-Alexander amend- the world wherever people appreciate a Where are you going to put the terry, the ment relative to mental health, the high-quality wool hiking and athletic cushioning?’’ Once you answer all of these many mathe- text of which is at the desk; that fol- sock, and its products are even worn overseas by our troops in combat. And matical questions, Cabot says, you have the lowing leader remarks on Wednesday, ‘‘DNA’’ of a Darn Tough sock. Then that April 17, the time until 4 p.m. be equal- as with other Vermont companies that equip and outfit our military, tax- DNA has to be expanded to hiking socks, ly divided between the two leaders or running socks, cycling socks. Every sock has payers can rest assured our troops are their designees to debate the amend- more in common, mathematically, than they ments concurrently; that at 4 p.m., the in good hands when their feet are in don’t have in common with other Darn Senate proceed to vote in relation to quality goods made by Darn Tough. Tough socks. the Manchin amendment No. 715; that The Burlington Free Press recently ‘‘That’s the math of it, the durability story, the comfort story, the fit story,’’ upon disposition of the Manchin paid tribute to Ric Cabot and all of the employees at Darn Tough for their Cabot said. amendment, the Senate proceed to But all those stories, he said, are trumped votes in relation to the remaining hard work that continues to benefit our troops and the Vermont economy. I by another story when it comes to mar- pending amendments in the order list- keting Darn Tough socks: The Vermont ed; that all amendments be subject to a ask unanimous consent that a copy of story. Darn Tough employs about 120 people 60-affirmative vote threshold; that no the recent Free Press article entitled in Northfield, maintaining the New England other amendments or motions to com- ‘‘Rebuilding American textiles, one tradition of textiles that once included hun- mit be in order to any of these amend- sock at a time: Darn Tough measures dreds of towns. ECORD. ‘‘You got to remind people, they know it, ments or the bill prior to the votes; success,’’ be printed into the R There being no objection, the article but you tell them nobody ever outsourced that there be 2 minutes equally divided was ordered to be printed in the anything for quality,’’ Cabot said. ‘‘That’s prior to each vote, and all after the the key.’’ RECORD as follows: first vote be 10-minute votes. f The PRESIDING OFFICER. Is there [From Burlington Free Press, Apr. 4, 2012] LOYOLA UNIVERSITY CHICAGO objection? REBUILDING AMERICAN TEXTILES, ONE SOCK Without objection, it is so ordered. AT A TIME: DARN TOUGH MEASURES SUCCESS RAMBLERS Mr. REID. Mr. President, I suggest (By Dan D’Ambrosio) Mr. DURBIN. Mr. President, last the absence of a quorum. In Northfield, about 50 miles north of Monday, college basketball fans The PRESIDING OFFICER. The White River Junction where Ibex makes its crowned their newest champion, the clerk will call the roll. home, Cabot Hosiery Mills, Inc. has been Louisville Cardinals. I wish to take a

VerDate Mar 15 2010 01:06 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.044 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2680 CONGRESSIONAL RECORD — SENATE April 16, 2013 moment to congratulate another his- The Game of Change altered college ‘‘Angels of the Pacific.’’ Upon their re- toric college hoops team. basketball and became a watershed turn to the U.S. in 1945, Mrs. Manning The NCAA recently announced that event in the civil rights era. Three and her fellow nurses were honored by the 1963 NCAA Men’s Basketball Cham- years later, for the first time in NCAA President Roosevelt with the Bronze pions, the Loyola University Chicago history, Texas Western, with an all- Star Medal and a Presidential Unit Ci- Ramblers, would become the first team black starting lineup, won the cham- tation. ever enshrined into the National Colle- pionship. The 1963 Loyola University We are all so grateful for Mildred giate Basketball Hall of Fame. Chicago Ramblers helped make this Manning’s service. Her legacy will live In an era when racism gripped the possible. on in our Nation’s history, reminding game, Loyola Coach George Ireland as- Loyola’s basketball team was led by us of the horrors of war and of the sembled the first predominately black Coach Ireland and Assistant Coach bravery of the special people who per- team to win an NCAA Championship. Jerry Lyne, and featured starters John severe by helping others. Mrs. Loyola’s starting lineup featured four Egan, Jerry Harkness, Les Hunter, Ron Manning’s unwavering dedication to African Americans. This was unheard Miller, and Vic Rouse, as well as re- serving our Nation in the midst of of in those days. serves Dan Connaughton, Jim Reardon, hardship continues to inspire me, and I Despite hateful comments from the Rich Rochelle, and Chuck Wood. All of am honored to commemorate her public and threatening letters from the those individuals are members of the today. Ku Klux Klan, Loyola lost only two Loyola Athletics Hall of Fame, and f games all season and marched through each of the five starters has also had ISRAEL’S 65TH ANNIVERSARY the Final Four. In the championship his jersey number retired. game they faced Cincinnati, a team I congratulate the 1963 Loyola Uni- Mr. CARDIN. Mr. President, today I which had been ranked No. 1 all season versity Chicago Ramblers on their ac- wish to express my congratulations to and had won the tournament the 2 pre- complishments and look forward to Israel on the 65th anniversary of its vious years. If this wasn’t pressure their induction ceremony in the Na- independence. enough, the 1963 NCAA championship tional Collegiate Basketball Hall of Today, America’s closest ally in the was also the first nationally televised Fame on November 24, 2013. Middle East, Israel, commemorates its NCAA title game. f Independence Day, Yom Ha’atzmaut— Les Hunter, starting center for Loy- one day after its Memorial Day, Yom ola, remembered it as an opportunity HONORING MILDRED MANNING Hazikaron, and one week after Holo- to show ‘‘that the brand of black bas- Ms. MIKULSKI. Mr. President, today caust Remembrance Day, Yom ketball was exciting and it provided for I honor the legacy of Mildred Manning, HaShoah. more exposure and recruiting for fu- the last surviving American female While Independence Day is a celebra- ture players.’’ WWII POW, who died March 8 at age 98. tion for the people of Israel, this Me- The championship game was an up- Mrs. Manning’s heroics in Bataan and morial Day was marked by somber hill battle for Loyola. After missing 13 Corregidor are an enduring example of ceremonies and national grief over the of its first 14 shots, they trailed by 15 the bravery of American servicemem- loss of their soldiers. Nationwide sirens points with less than 15 minutes to bers and of nurses’ dedication to caring and moments of silence emphasize the play. Then, with only 9 seconds left and for patients. I wish to share her amaz- sacrifices Israelis have made to protect the score tied, Walter Vic Rouse tipped ing story. their thriving, free and democratic in a missed shot to put the Loyola Mrs. Manning, born in 1914 on a poor state. These intensely personal losses Ramblers ahead by 2 points. When the Georgia farm, aspired to escape the in such a small country underscore the final buzzer sounded, the Loyola Uni- poverty which surrounded her. She at- continuing threats faced by Israelis, versity Chicago Ramblers were na- tended nursing school during the De- the scale of their efforts and the impor- tional champions. To this day, Loyola remains the only pression, and in 1939 she joined the tance of a Jewish homeland. And Yom school from Illinois to have won the Army Nurse Corps. Wishing to see the HaShoah reminds Israelis of the ter- NCAA Division I Men’s Basketball world, she requested assignment in the rible devastation of the Holocaust that Championship. Philippines. happened to the Jewish people in a To most players, winning the NCAA Weeks after Mrs. Manning arrived in time before they could celebrate the championship would be unquestionably Manila, Japanese forces attacked Pearl existence of the modern State of Israel. the highlight of the season. Harbor in Hawaii and a U.S. air base As we celebrate Israel’s Independence As Ramblers point guard and All- near Manila. During the months-long Day, we must continue to reduce the American Jerry Harkness says, now Battle of the Philippines which forced key threats to Israel’s security. We that he has gotten older he is even an American retreat to the peninsula must focus on opportunities for peace more proud of a game Loyola played of Bataan and the island of Corregidor, in the Middle East. Israel has always earlier in that championship season. Mrs. Manning was one of a handful of been prepared to pursue those opportu- On March 15, 1963, Loyola and Mis- Army and Navy nurses who braved the nities and make peace with its neigh- sissippi State played a game the NCAA relentless attacks to treat wounded bors. Over the past six decades, despite calls The Game of Change. It was a and dying soldiers. When Americans diplomatic gestures, multiple Arab game which changed college basketball surrendered in May, 1942, Mrs. Manning countries have repeatedly attacked forever—and helped change race rela- was one of 77 Army and Navy nurses Israel. We should not forget that it was tions in America. who were captured and spent the rest Palestinian, not Israeli, leaders who Mississippi State had won their con- of the war in harrowing imprisonment. walked away from the negotiation ference for the past 3 years, but it ap- The prison, built on the grounds of table at Camp David in 2000, on the eve peared they would be unable to com- Manila’s Santo Tomas University, held of what would have been a historic pete in the 1963 NCAA tournament be- nearly 4,000 people in squalid condi- breakthrough for peace. cause of an unwritten State law bar- tions. There were no showers, beds, or Today, it is Israel who continues to ring the team from competing against kitchens. Hundreds of people were acknowledge the necessary framework teams with black players. Rather than forced to share a single toilet. Food for any peace agreement—a two state forfeit their place, Mississippi State’s was so scarce prisoners suffered se- solution. While Israel has shown will- president and coach decided to defy verely from malnutrition. ingness for direct negotiations, the Governor Ross Barnett’s vow of ‘‘seg- Despite these trials, Lieutenant Man- Palestinians continue to be an unreli- regation now and forever.’’ They snuck ning and her fellow nurses remained able partner in moving toward peace. It their team out of town under the cover fiercely dedicated to providing medical is vitally important to stress the im- of darkness to avoid being served an in- care to those around them. For 21⁄2 portance of the Palestinian Authority’s junction barring them from leaving the years, they maintained strict order, close security cooperation with Israel. State. wore uniforms, and cared for their fel- If peace is to be possible, the Pales- Loyola won The Game of Change, but low prisoners. For their efforts, she and tinian Authority also needs to confront both teams, together, made history. her fellow nurses earned the moniker, the recent surge in violence in the

VerDate Mar 15 2010 01:06 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.025 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2681 West Bank, cease all anti-Israel incite- ing, and American Academy of Nurs- Whatever the reason, those who ment and renounce Hamas until it un- ing, along with faith-based groups like make decisions for her do so blind-fold- equivocally meets the three Quartet re- B’nai B’rith International have all ed with their hands tied behind their quirements. pledged to participate today to spread backs. I am proud to have joined with 78 of the word on the value of conversations Too often, proxies are left with guilt, my colleagues in reminding President about our goals and values and pref- anxiety, and depression. Obama in a letter on the eve of his erences about medical treatment. But some are at peace because they visit to Israel that the U.S. and Israel I know how important this is, not know what the person wants. They share common values and interests, just from my time serving both as a know because they talk about how de- and that Israel stands ready for peace. Governor and as a Senator, but also cisions should be made and who should Top among these interests is restarting through the eyes of a loved one who make them. They talk about when a the peace process and preventing Iran struggled with these issues. My mother decision best honors the person by pull- from becoming a nuclear state. suffered from Alzheimer’s disease for 10 ing back on treatments designed to This is precisely why the role of the years, and for 9 of those years, she treat the disease and instead forge United States in this process must be could not speak. My father, sister and ahead with aggressive symptom con- one of an honest broker. President I found grappling with the challenges trol. They talk about when a hospital Obama must make clear that the path- of caring for her difficult. The dif- bed at home is the right choice over way for peace is through unconditional ficulty was greater because, when she tubes and needles and monitors in the direct negotiations between both the was first diagnosed, my family did not ICU, or vice versa. Israelis and Palestinians and that the take the opportunity to talk in a frank After talking, they write it down in United States vigorously opposes any and fully informed way with her and an advance directive. Palestinian efforts to circumvent di- her health care providers about the full Each of us has an obligation to our rect negotiations. I commend President array of health care options available families and friends to think about Obama for pursuing peace during his or about what her priorities would be what we want, to talk to them about recent trip to the Middle East, and for during the final years of her life. what we want, and to document our working on policy solutions to address It is so frustrating that some have la- choices. the urgent and important threats fac- beled advance care planning as efforts In the last two sessions of Congress, ing Israel and the United States today. to take away choice from patients. I have introduced a bill to help pa- Since Israel’s founding 65 years ago, This is ignorant and is disrespectful to tients, providers, and caregivers get every American administration has those struggling will illness and the support and education they need. worked to strengthen the bonds be- caregiving. In fact, what we are trying Among other things, it will make ad- tween our two nations. This support to do is the opposite, give patients and vance directives more accessible, and it has been vital for Israel, as the nation their families the ability to make deci- will make it easier for providers to fol- is under the constant threat of mili- sions when they can and provide low them. I am planning on intro- tary and terrorist attacks, economic enough support and information so ducing a bill, the Senior Navigation boycotts and diplomatic hostility— that they can make informed choices and Planning Act, in the coming often merely due to the fact of its very based upon their own values and goals. weeks. existence. At this critical moment, It is not easy, this is a subject that However, today, I urge you all, on when Iran is moving forward with its most people do their best to avoid: who this National Decisions Day, to discuss nuclear program and simultaneously will decide how we will live when we your preferences and goals with your strengthening Hezbollah’s capacity to are unable to make our own decisions. family and friends. Fill out an advance attack Israel, it is imperative that the But it is critical. directive. Think of it as a gift. Obama administration say in clear and Most of us, more than 80 percent, will f unambiguous language that we stand be unable to make decisions about NATIONAL HEALTHCARE with the people of Israel and will do all what medical treatments we will re- DECISIONS DAY in our power to protect our shared val- ceive for some period in our lives. The ues and national bonds. lucky will regain decision-making abil- Ms. KLOBUCHAR. Mr. President, As Israel celebrates its 65th anniver- ity, but most of us will lose it for good. today I wish to discuss a very impor- sary, let us all proclaim that the U.S. Family or friends are then asked to tant issue—living well at the end of continues to value its unbreakable alli- step in. Sometimes they are asked to life. ance with our closest ally in the Middle make routine decisions, like using Today is National Healthcare Deci- East. antibiotics to treat an infection. Some- sions Day. It is a day dedicated to re- f times it is more significant. Would a minding people to plan for the future, hip replacement improve quality of life to encourage discussions—no matter NATIONAL HEALTHCARE when you are physically pretty how difficult—to let families, friends, DECISIONS DAY healthy, but substantially impaired by and caregivers know your wishes, Mr. WARNER. Mr. President, I wish Alzheimer’s or another dementia? Or whatever they may be. to recognize that today, April 16, 2013, would it cause more harm than good? This is an incredibly important and is National Healthcare Decisions Day. Often proxies are forced to choose be- pressing issue, but it is one that no one National Healthcare Decisions Day tween terrible options. Should they likes to talk about. No one likes to exists to inspire, educate and empower consent to an amputation of a gangre- face their own mortality. But we must the public and providers about the im- nous leg of a loved one who can no because we know that more often than portance of advance care planning. It longer get out of bed, communicate, or not, patients’ preferences are not began as a local, grassroots effort 7 recognize family for the remote chance known or adhered to near the end of years ago in the Commonwealth of Vir- that doing so will slow, but not cure, life. ginia, started by a Virginia Attorney, the progression of vascular disease? In the absence of clearly defined ex- and it became an annual event in 2008. State laws and Supreme Court deci- pectations and wishes, death can be an It now is recognized across all 50 sions direct proxies to make the deci- incredibly scary and confusing time for States as an annual imitative to pro- sion that a now-incapacitated loved a patient and their family. Misunder- vide clear, concise and consistent in- one would have made. standing among physicians and family formation on health care decision mak- But research says this often does not members about a loved one’s final ing to the public and providers. This work. It might not work, for example, wishes can cause significant psycho- year over 100 national organizations, because a widow never told her adult logical and emotional hardship. Fami- including groups like the AARP, Vol- children what she would want. lies may disagree about treatment op- unteers of America, government groups Maybe she assumed that her children tions and argue about whether their like the Veterans Health Administra- knew. loved one should get more or less treat- tion, providers like the hospital com- Maybe she feared that they would ment, aggressive intervention or pal- pany HCA, American College of Nurs- disagree with her preferences. liative care.

VerDate Mar 15 2010 05:15 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G16AP6.015 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2682 CONGRESSIONAL RECORD — SENATE April 16, 2013 These disagreements can often result torney general, working together to Government Accountability Office; to the in the patient receiving a different provide leadership for the office. Committee on Homeland Security and Gov- course of treatment than they might Having had the privilege of working ernmental Affairs. have preferred—an undesirable yet eas- side by side with Mike, I can attest to f ily avoidable outcome. We need to em- his passion for seeking justice in all MEASURES PLACED ON THE power patients to express their wishes, prosecutions, his outstanding advocacy CALENDAR to exert their choice, and to clearly de- on behalf of victims, and his commit- fine their preferences and expectations, ment to providing the State with legal The following bills were read the sec- whatever they may be, to those who representation and counsel of the high- ond time, and placed on the calendar: will be along their side at that difficult est quality. S. 729. A bill to protect law abiding citizens time. After serving as legal counsel to the by preventing criminals from obtaining fire- People often think, ‘‘I’m too young governor, Mike was appointed to serve arms. as New Hampshire’s attorney general S. 730. A bill to prevent criminals from ob- to worry about that.’’ Or, ‘‘I have plen- taining firearms through straw purchasing ty of time to deal with that later.’’ But in 2009. Throughout his service as at- and trafficking. these conversations aren’t just impor- torney general, Mike served the people tant for people who have been diag- of New Hampshire with diligence, inde- f nosed with terminal illness or individ- pendence and integrity, leading by ex- MEASURES READ THE FIRST TIME uals approaching old age. In fact, if you ample as he and his staff performed the The following bill was read the first wait too long, you may not get the constitutional, statutory and common time: chance. law duties of the attorney general as S. 743. A bill to restore States’ sovereign Most diseases don’t discriminate and the State’s chief legal officer and chief rights to enforce State and local sales and accidents can happen to anyone. The law enforcement officer. use tax laws, and for other purposes. time for us to think about what our As Mike leaves public service to re- f wishes might be is before we are in a turn to private practice, I commend crisis—when we can think clearly him on a job well done. He has success- EXECUTIVE AND OTHER about the consequences of the course fully carried forward the highest tradi- COMMUNICATIONS we select, consult with our spiritual tions of excellence and independence of The following communications were and moral leaders, and discuss these the office of attorney general and laid before the Senate, together with difficult issues with family and friends. leaves a legacy of improvements to all accompanying papers, reports, and doc- There are many physical, emotional, aspects of the work of the New Hamp- uments, and were referred as indicated: shire Department of Justice. I ask my and spiritual components to these EC–1131. A communication from the Direc- issues, and it takes careful reflection colleagues to join me in thanking him tor of the Regulatory Review Group, Farm to determine which are most important for his service and wishing him, his Service Agency, Department of Agriculture, to you. wife Caroline, and their children Will, transmitting, pursuant to law, the report of I am very proud to say that my State Maggie and Katie, well in all their fu- a rule entitled ‘‘Noninsured Crop Disaster has been a leader on this issue. We ture endeavors.∑ Assistance Program’’ (RIN0560–AI06) received in the Office of the President of the Senate have a great organization called Hon- f oring Choices Minnesota that provides on April 11, 2013; to the Committee on Agri- MESSAGE FROM THE HOUSE culture, Nutrition, and Forestry. resources and tools to help people start At 11:39 a.m., a message from the EC–1132. A communication from the Chair- these difficult conversations with their man and Chief Executive Officer, Farm Cred- families. House of Representatives, delivered by it Administration, transmitting, pursuant to There will be several events in my Mrs. Cole, one of its reading clerks, an- law, the report of a rule entitled ‘‘Funding State today and all across the country nounced that the House has passed the and Fiscal Affairs, Loan Policies and Oper- highlighting the importance of not following bills, in which it requests the ations, and Funding Operations; Accounting only making your preferences known, concurrence of the Senate: and Reporting Requirements; Federal Agri- but ensuring that people who want to H.R. 882. An act to prohibit the awarding of cultural Mortgage Corporation Funding and Fiscal Affairs; GAAP References and Other can document their wishes through an a contract or grant in excess of the sim- plified acquisition threshold unless the pro- Conforming Amendments’’ (RIN3052–AC75) advanced care directive, physicians received in the Office of the President of the order for life sustaining treatment, or spective contractor or grantee certifies in writing to the agency awarding the contract Senate on April 15, 2013; to the Committee on other legal mechanism. or grant that the contractor or grantee has Agriculture, Nutrition, and Forestry. I encourage my colleagues and all no seriously delinquent tax debts, and for EC–1133. A communication from the Assist- Americans to take time today to think other Purposes. ant Secretary of the Army (Manpower and about their families, their wishes, and H.R. 1162. An act to amend title 31, United Reserve Affairs), transmitting, pursuant to to begin planning for the future. States Code, to make improvements in the law, a date for the completion of an annual Government Accountability Office. report relative to recruitment incentives; to f H.R. 1246. An act to amend the District of the Committee on Armed Services. ADDITIONAL STATEMENTS Columbia Home Rule Act to provide that the EC–1134. A communication from the Under District of Columbia Treasurer or one of the Secretary of Defense (Acquisition, Tech- Deputy Chief Financial Officers of the Office nology and Logistics), transmitting, pursu- TRIBUTE TO MICHAEL DELANEY of the Chief Financial Officer of the District ant to law, a report entitled ‘‘Report to Con- gress on Corrosion Policy and Oversight ∑ of Columbia may perform the functions and Ms. AYOTTE. Mr. President, today I duties of the Office in an acting capacity if Budget Materials for Fiscal Year 2014’’; to wish to recognize and congratulate an there is a vacancy in the Office. the Committee on Armed Services. EC–1135. A communication from the Assist- excellent lawyer and a dedicated public f servant—New Hampshire Attorney ant Secretary of the Navy (Research, Devel- General Michael Delaney. As Mike MEASURES REFERRED opment and Acquisition), transmitting, pur- completes more than 14 years of service suant to law, a report entitled ‘‘Report to The following bills were read the first Congress On Repair of Naval Vessels in For- to the people of New Hampshire I and the second times by unanimous eign Shipyards’’; to the Committee on would like to acknowledge his signifi- consent, and referred as indicated: Armed Services. cant record of accomplishments. H.R. 882. An act to prohibit the awarding of EC–1136. A communication from the Acting Long before Mike rose to the position a contract or grant in excess of the sim- Under Secretary of Defense (Personnel and of attorney general, he served as a plified acquisition threshold unless the pro- Readiness), transmitting, pursuant to law, prosecutor in the homicide unit. I was spective contractor or grantee certifies in the annual report of the National Security privileged to work with him on several writing to the agency awarding the contract Education Program for fiscal year 2012; to murder trials, including the case in- or grant that the contractor or grantee has the Committee on Armed Services. no seriously delinquent tax debts, and for EC–1137. A communication from the Sec- volving two murdered Dartmouth pro- other purposes; to the Committee on Home- retary of the Treasury, transmitting, pursu- fessors. And I was proud to continue land Security and Governmental Affairs. ant to law, a six-month periodic report on serving with him when I was the attor- H.R. 1162. An act to amend title 31, United the national emergency with respect to ney general and he was the deputy at- States Code, to make improvements in the Syria that was declared in Executive Order

VerDate Mar 15 2010 05:15 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.001 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2683 13338 of May 11, 2004; to the Committee on Wildlife Service, Department of the Interior, cated, and ask unanimous consent, to save Banking, Housing, and Urban Affairs. transmitting, pursuant to law, the report of the expense of reprinting on the Executive EC–1138. A communication from the Chair- a rule entitled ‘‘Endangered and Threatened Calendar that this nomination lie at the Sec- man and President of the Export-Import Wildlife and Plants; Technical Correction for retary’s desk for the information of Sen- Bank of the United States, transmitting, African Wild Ass’’ (RIN1018–AY31) received ators. pursuant to law, a report relative to a trans- in the Office of the President of the Senate The PRESIDING OFFICER. Without objec- action involving U.S. exports to Mongolia; to on April 11, 2013; to the Committee on Envi- tion, it is so ordered. the Committee on Banking, Housing, and ronment and Public Works. Foreign Service nominations beginning Urban Affairs. EC–1148. A communication from the Chief with Margaret A. Hanson-Muse and ending EC–1139. A communication from the Chair- of the Branch of Listing, Fish and Wildlife with Sarah E. Kemp, which nominations man of the Export-Import Bank of the Service, Department of the Interior, trans- were received by the Senate and appeared in United States, transmitting, pursuant to mitting, pursuant to law, the report of a rule the Congressional Record on February 27, law, a report relative to a transaction in- entitled ‘‘Endangered and Threatened Wild- 2013. volving U.S. exports to Hong Kong; to the life and Plants; Revised Designation of Crit- *Nomination was reported with rec- Committee on Banking, Housing, and Urban ical Habitat for Allium munzii (Munz’s Affairs. Onion) and Atriplex coronata var. notatior ommendation that it be confirmed sub- EC–1140. A communication from the Chief (San Jacinto Valley Crownscale)’’ (RIN1018– ject to the nominee’s commitment to Counsel, Federal Emergency Management AX42) received in the Office of the President respond to requests to appear and tes- Agency, Department of Homeland Security, of the Senate on April 11, 2013; to the Com- tify before any duly constituted com- transmitting, pursuant to law, the report of mittee on Environment and Public Works. mittee of the Senate. a rule entitled ‘‘Final Flood Elevation Deter- EC–1149. A communication from the Chief (Nominations without an asterisk minations’’ ((44 CFR Part 67) (Docket No. of the Branch of Listing, Fish and Wildlife FEMA–2013–0002)) received in the Office of were reported with the recommenda- Service, Department of the Interior, trans- tion that they be confirmed.) the President of the Senate on April 11, 2013; mitting, pursuant to law, the report of a rule to the Committee on Banking, Housing, and entitled ‘‘Endangered and Threatened Wild- f Urban Affairs. life and Plants; Designation of Critical Habi- EC–1141. A communication from the Chief INTRODUCTION OF BILLS AND tat for Southwestern Willow Flycatcher’’ JOINT RESOLUTIONS Counsel, Federal Emergency Management (RIN1018–AX43) received in the Office of the Agency, Department of Homeland Security, President of the Senate on April 11, 2013; to The following bills and joint resolu- transmitting, pursuant to law, the report of the Committee on Environment and Public tions were introduced, read the first a rule entitled ‘‘Final Flood Elevation Deter- Works. and second times by unanimous con- minations’’ ((44 CFR Part 67) (Docket No. EC–1150. A communication from the sent, and referred as indicated: FEMA–2013–0002)) received in the Office of Human Resources Specialist, Office of the By Mr. MANCHIN (for himself and Mr. the President of the Senate on April 16, 2013; Executive Director, Office of Navajo and HELLER): to the Committee on Banking, Housing, and Hopi Indian Relocation, transmitting, pursu- S. 731. A bill to require the Board of Gov- Urban Affairs. ant to law, a report relative to the No FEAR ernors of the Federal Reserve System, the EC–1142. A communication from the Sec- Act for fiscal year 2012; to the Committee on Federal Deposit Insurance Corporation, and retary of the Securities and Exchange Com- Homeland Security and Governmental Af- the Office of the Comptroller of the Currency mission, transmitting, pursuant to law, the fairs. to conduct an empirical impact study on pro- report of a rule entitled ‘‘Identity Theft Red EC–1151. A communication from the Presi- posed rules relating to the International Flags’’ (RIN3038–AD99) received in the Office dent, Inter-American Foundation, transmit- Basel III agreement on general risk-based of the President of the Senate on April 11, ting, pursuant to law, the Foundation’s fis- capital requirements, as they apply to com- 2013; to the Committee on Banking, Housing, cal year 2012 annual report relative to the munity banks; to the Committee on Bank- and Urban Affairs. Notification and Federal Employee Anti- EC–1143. A communication from the Acting ing, Housing, and Urban Affairs. discrimination and Retaliation Act of 2002; Director, Office of Management and Budget, By Mr. PAUL: to the Committee on Homeland Security and Executive Office of the President, transmit- S. 732. A bill to modify the criteria used by Governmental Affairs. ting, pursuant to law, two reports on seques- the Corps of Engineers to dredge small ports; EC–1152. A communication from the Direc- tration entitled: ‘‘OMB Sequestration Pre- to the Committee on Environment and Pub- tor, Court Services and Offender Supervision view Report to the President and Congress lic Works. Agency for the District of Columbia, trans- for Fiscal Year 2014’’ and ‘‘OMB Report to By Mr. ALEXANDER (for himself, Mr. mitting, pursuant to law, the Agency’s fiscal the Congress on the Joint Committee Reduc- DURBIN, Mr. WYDEN, Mr. HEINRICH, year 2012 annual report relative to the Noti- tions for Fiscal Year 2014’’; to the Commit- Ms. MURKOWSKI, Mr. COONS, Mr. fication and Federal Employee Antidiscrimi- tees on the Budget; and Homeland Security UDALL of New Mexico, and Mr. KIRK): nation and Retaliation Act of 2002; to the and Governmental Affairs. S. 733. A bill to amend the Department of Committee on Homeland Security and Gov- EC–1144. A communication from the Acting Energy High-End Computing Revitalization ernmental Affairs. Assistant Regional Director, Fish and Wild- Act of 2004 to improve the high-end com- EC–1153. A communication from the Staff life Service, Department of the Interior, puting research and development program of Director, Federal Election Commission, transmitting, pursuant to law, the report of the Department of Energy, and for other pur- transmitting, pursuant to law, the Commis- a rule entitled ‘‘Subsistence Management poses; to the Committee on Energy and Nat- sion’s fiscal year 2012 annual report relative Regulations for Public Lands in Alaska— ural Resources. to the Notification and Federal Employee 2013–14 and 2014–15 Subsistence Taking of By Mr. NELSON (for himself and Ms. Antidiscrimination and Retaliation Act of Fish Regulations’’ (RIN1018–AX64) received COLLINS): 2002; to the Committee on Homeland Secu- in the Office of the President of the Senate S. 734. A bill to amend title 10, United rity and Governmental Affairs. on April 11, 2013; to the Committee on En- States Code, to repeal the requirement for ergy and Natural Resources. f reduction of survivor annuities under the EC–1145. A communication from the Direc- Survivor Benefit Plan by veterans’ depend- tor of Human Resources, Environmental Pro- EXECUTIVE REPORTS OF ency and indemnity compensation; to the tection Agency, transmitting, pursuant to COMMITTEE Committee on Armed Services. law, (8) eight reports relative to vacancies in The following executive reports of By Mr. SANDERS: the Environmental Protection Agency, re- nominations were submitted: S. 735. A bill to amend title 38, United ceived in the Office of the President of the States Code, to improve benefits and assist- Senate on April 15, 2013; to the Committee on By Mr. MENENDEZ for the Committee on ance provided to surviving spouses of vet- Environment and Public Works. Foreign Relations. erans under laws administered by the Sec- EC–1146. A communication from the Acting *Jacob J. Lew, of New York, to be United retary of Veterans Affairs, and for other pur- Chief of the Branch of Recovery, Fish and States Governor of the International Mone- poses; to the Committee on Veterans’ Af- Wildlife Service, Department of the Interior, tary Fund for a term of five years; United fairs. transmitting, pursuant to law, the report of States Governor of the International Bank By Ms. MURKOWSKI: a rule entitled ‘‘Endangered and Threatened for Reconstruction and Development for a S. 736. A bill to establish a maximum Wildlife and Plants; Reinstatement of Re- term of five years; United States Governor of amount for special use permit fees applicable moval of the Virginia Northern Flying the Inter-American Development Bank for a to certain cabins on National Forest System Squirrel From the List of Endangered and term of five years; United States Governor of land in the State of Alaska; to the Com- Threatened Wildlife’’ (RIN1018–AZ31) re- the European Bank for Reconstruction and mittee on Energy and Natural Resources. ceived in the Office of the President of the Development. By Mr. SHELBY: Senate on April 11, 2013; to the Committee on Mr. MENENDEZ. Mr. President, for the S. 737. A bill to require the Federal bank- Environment and Public Works. Committee on Foreign Relations I report fa- ing agencies to conduct a quantitative im- EC–1147. A communication from the Chief vorably the following nomination list which pact study on the cumulative effect of the of the Branch of Foreign Species, Fish and was printed in the RECORD on the date indi- Basel III framework devised by the Basel

VerDate Mar 15 2010 05:15 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.008 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2684 CONGRESSIONAL RECORD — SENATE April 16, 2013 Committee on Banking Supervision before S. Res. 98. A resolution honoring the life, Reclamation conduit facilities for hy- issuing final rules amending the agencies’ legacy, and example of British Prime Min- dropower development under Federal general risk-based capital requirements for ister Baroness Margaret Thatcher; consid- Reclamation law, and for other pur- determining risk-weighted assets, as pro- ered and agreed to. poses. posed in the Advanced Approaches Risk- By Mr. TESTER (for himself, Mr. Based Capital Rules Notice of Proposed Rule- LEVIN, Mr. CARDIN, Mr. CARPER, Mr. S. 375 making, the Standardized Approach for BEGICH, Mr. COONS, and Mr. SCHATZ): At the request of Mr. TESTER, the Risk-Weighted Assets Notice of Proposed S. Res. 99. A resolution expressing the name of the Senator from Virginia (Mr. Rulemaking, and the Implementation of sense of the Senate that public servants WARNER) was added as a cosponsor of S. Basel III, Minimum Regulatory Capital Ra- should be commended for their dedication 375, a bill to require Senate candidates tios Notice of Proposed Rulemaking issued and continued service to the United States to file designations, statements, and in June 2012, and for other purposes; to the during Public Service Recognition Week; reports in electronic form. Committee on Banking, Housing, and Urban considered and agreed to. S. 382 Affairs. By Mr. MCCONNELL (for himself and By Mr. WICKER (for himself, Mr. Mr. PAUL): At the request of Mr. SCHUMER, the PRYOR, Mr. COCHRAN, and Mr. BAU- S. Res. 100. A resolution commending and name of the Senator from Illinois (Mr. CUS): congratulating the University of Louisville DURBIN) was added as a cosponsor of S. S. 738. A bill to grant the Secretary of the men’s basketball team for winning its third 382, a bill to amend title XVIII of the Interior permanent authority to authorize Division I National Collegiate Athletic Asso- Social Security Act to allow physician States to issue electronic duck stamps, and ciation championship, and the University of assistants, nurse practitioners, and for other purposes; to the Committee on En- Louisville women’s basketball team for clinical nurse specialists to supervise vironment and Public Works. being runner up in the 2013 Women’s Division By Mrs. BOXER: I National Collegiate Athletic Association cardiac, intensive cardiac, and pul- S. 739. A bill to amend the Public Health Basketball Tournament; considered and monary rehabilitation programs. Service Act to establish direct care reg- agreed to. S. 395 istered nurse-to-patient staffing ratio re- f At the request of Mr. DURBIN, the quirements in hospitals, and for other pur- names of the Senator from Michigan poses; to the Committee on Health, Edu- ADDITIONAL COSPONSORS cation, Labor, and Pensions. (Mr. LEVIN), the Senator from New Jer- By Mr. ROCKEFELLER (for himself, S. 22 sey (Mr. LAUTENBERG), the Senator Mr. NELSON, Ms. BALDWIN, Mr. At the request of Mrs. MURRAY, her from Rhode Island (Mr. WHITEHOUSE) BLUMENTHAL, Mrs. BOXER, Mr. name was added as a cosponsor of S. 22, and the Senator from California (Mrs. BROWN, Mr. DURBIN, Mr. FRANKEN, a bill to establish background check FEINSTEIN) were added as cosponsors of Mr. KING, Ms. KLOBUCHAR, Mr. procedures for gun shows. S. 395, a bill to amend the Animal Wel- LEAHY, Mr. MERKLEY, Mr. REED, Mr. S. 33 fare Act to provide further protection SANDERS, Mr. SCHATZ, Mrs. SHAHEEN, for puppies. Ms. STABENOW, Mr. UDALL of New At the request of Mrs. MURRAY, her S. 462 Mexico, and Mr. WHITEHOUSE): name was added as a cosponsor of S. 33, S. 740. A bill to amend title XVIII of the a bill to prohibit the transfer or posses- At the request of Mrs. BOXER, the Social Security Act to require drug manufac- sion of large capacity ammunition name of the Senator from Arkansas turers to provide drug rebates for drugs dis- feeding devices, and for other purposes. (Mr. PRYOR) was added as a cosponsor pensed to low-income individuals under the S. 34 of S. 462, a bill to enhance the strategic Medicare prescription drug benefit program; partnership between the United States At the request of Ms. WARREN, her to the Committee on Finance. and Israel. By Mr. VITTER (for himself, Mrs. name was added as a cosponsor of S. 34, S. 463 BOXER, Mr. INHOFE, Mr. BAUCUS, Mr. a bill to increase public safety by per- COCHRAN, Mr. COONS, Mr. BLUNT, Mr. mitting the Attorney General to deny At the request of Mr. PRYOR, the CARDIN, Mr. CRAPO, Mr. BOOZMAN, Mr. the transfer of firearms or the issuance name of the Senator from North Caro- WICKER, and Mr. WHITEHOUSE): of firearms and explosives licenses to lina (Mrs. HAGAN) was added as a co- S. 741. A bill to extend the authorization of sponsor of S. 463, a bill to amend the appropriations to carry out approved wet- known or suspected dangerous terror- ists. Farm Security and Rural Investment lands conservation projects under the North Act of 2002 to modify the definition of American Wetlands Conservation Act S. 150 the term ‘‘biobased product’’ . through fiscal year 2017; to the Committee At the request of Mrs. FEINSTEIN, the S. 475 on Environment and Public Works. name of the Senator from Washington By Mr. CARDIN (for himself, Mr. ROB- At the request of Mr. HARKIN, the (Mrs. MURRAY) was added as a cospon- ERTS, Ms. LANDRIEU, Mr. THUNE, Ms. names of the Senator from Rhode Is- sor of S. 150, a bill to regulate assault STABENOW, Mr. BLUNT, and Ms. KLO- land (Mr. REED) and the Senator from weapons, to ensure that the right to BUCHAR): Minnesota (Ms. KLOBUCHAR) were added keep and bear arms is not unlimited, S. 742. A bill to amend the Internal Rev- as cosponsors of S. 475, a bill to reau- enue Code of 1986 and the Small Business Act and for other purposes. thorize the Special Olympics Sport and to expand the availability of employee stock S. 162 ownership plans in S corporations, and for Empowerment Act of 2004, to provide other purposes; to the Committee on Fi- At the request of Mr. FRANKEN, the assistance to Best Buddies to support nance. name of the Senator from Rhode Island the expansion and development of men- By Mr. ENZI (for himself, Mr. DURBIN, (Mr. WHITEHOUSE) was added as a co- toring programs, and for other pur- Mr. ALEXANDER, and Ms. HEITKAMP): sponsor of S. 162, a bill to reauthorize poses. S. 743. A bill to restore States’ sovereign and improve the Mentally Ill Offender S. 526 rights to enforce State and local sales and Treatment and Crime Reduction Act of At the request of Mr. BAUCUS, the use tax laws, and for other purposes; read the 2004. first time. name of the Senator from Maine (Ms. By Mr. SCHUMER (for himself, Mr. S. 264 COLLINS) was added as a cosponsor of S. MCCAIN, Mr. DURBIN, Mr. GRAHAM, At the request of Ms. STABENOW, the 526, a bill to amend the Internal Rev- Mr. MENENDEZ, Mr. RUBIO, Mr. BEN- names of the Senator from New York enue Code of 1986 to make permanent NET, and Mr. FLAKE): (Mr. SCHUMER), the Senator from Wash- the special rule for contributions of S. 744. A bill to provide for comprehensive ington (Ms. CANTWELL) and the Senator qualified conservation contributions, immigration reform and for other purposes; from Oregon (Mr. WYDEN) were added to the Committee on the Judiciary. and for other purposes. as cosponsors of S. 264, a bill to expand S. 557 f access to community mental health At the request of Mrs. HAGAN, the SUBMISSION OF CONCURRENT AND centers and improve the quality of name of the Senator from Delaware SENATE RESOLUTIONS mental health care for all Americans. (Mr. COONS) was added as a cosponsor The following concurrent resolutions S. 306 of S. 557, a bill to amend title XVIII of and Senate resolutions were read, and At the request of Mr. BARRASSO, the the Social Security Act to improve ac- referred (or acted upon), as indicated: name of the Senator from Arizona (Mr. cess to medication therapy manage- By Mr. MCCONNELL (for himself and FLAKE) was added as a cosponsor of S. ment under part D of the Medicare pro- Mr. VITTER): 306, a bill to authorize all Bureau of gram.

VerDate Mar 15 2010 05:15 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.011 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2685 S. 572 691, a bill to regulate large capacity the expansion of Federal efforts con- At the request of Mr. BURR, the name ammunition feeding devices. cerning the prevention, education, of the Senator from Alabama (Mr. SES- At the request of Mr. CARPER, his treatment, and research activities re- SIONS) was added as a cosponsor of S. name was added as a cosponsor of S. lated to Lyme and other tick-borne dis- 572, a bill to amend title 38, United 691, supra. eases, including the establishment of a States Code, to clarify the conditions At the request of Ms. WARREN, her Tick-Borne Diseases Advisory Com- under which certain persons may be name was added as a cosponsor of S. mittee. treated as adjudicated mentally incom- 691, supra. S. 720 petent for certain purposes. At the request of Mr. LEVIN, his name At the request of Mr. THUNE, the S. 612 was added as a cosponsor of S. 691, names of the Senator from Utah (Mr. At the request of Mr. DURBIN, the supra. HATCH), the Senator from Texas (Mr. name of the Senator from Maine (Ms. At the request of Mr. DURBIN, his CORNYN), the Senator from Georgia COLLINS) was added as a cosponsor of S. name was added as a cosponsor of S. (Mr. ISAKSON) and the Senator from 612, a bill to require the Secretary of 691, supra. Kansas (Mr. ROBERTS) were added as Health and Human Services to remove At the request of Ms. KLOBUCHAR, her cosponsors of S. 720, a bill to amend the social security account numbers from name was added as a cosponsor of S. Internal Revenue Code of 1986 to pro- Medicare identification cards and com- 691, supra. vide for taxpayers making donations munications provided to Medicare At the request of Mr. MENENDEZ, his with their returns of income tax to the beneficiaries in order to protect Medi- name was added as a cosponsor of S. Federal Government to pay down the care beneficiaries from identity theft. 691, supra. public debt. At the request of Mrs. GILLIBRAND, S. 629 S. 730 her name was added as a cosponsor of At the request of Mr. PRYOR, the S. 691, supra. At the request of Mr. CRUZ, the name name of the Senator from Minnesota of the Senator from Nevada (Mr. HELL- At the request of Mr. FRANKEN, his (Ms. KLOBUCHAR) was added as a co- name was added as a cosponsor of S. ER) was added as a cosponsor of S. 730, sponsor of S. 629, a bill to amend title 691, supra. a bill to prevent criminals from obtain- 38, United States Code, to recognize the At the request of Mr. CARDIN, his ing firearms through straw purchasing service in the reserve components of name was added as a cosponsor of S. and trafficking. the Armed Forces of certain persons by 691, supra. S. CON. RES. 6 honoring them with status as veterans At the request of Mr. SCHUMER, his At the request of Mr. BARRASSO, the under law, and for other purposes. name was added as a cosponsor of S. name of the Senator from Arkansas S. 646 691, supra. (Mr. BOOZMAN) was added as a cospon- At the request of Mr. WHITEHOUSE, At the request of Mr. HARKIN, his sor of S. Con. Res. 6, a concurrent reso- the name of the Senator from Cali- name was added as a cosponsor of S. lution supporting the Local Radio fornia (Mrs. BOXER) was added as a co- 691, supra. Freedom Act. sponsor of S. 646, a bill to create the At the request of Mrs. MURRAY, her S. RES. 65 National Endowment for the Oceans to name was added as a cosponsor of S. At the request of Mr. GRAHAM, the promote the protection and conserva- 691, supra. name of the Senator from Minnesota tion of United States ocean, coastal, At the request of Mr. REED, his name (Mr. FRANKEN) was added as a cospon- and Great Lakes ecosystems, and for was added as a cosponsor of S. 691, sor of S. Res. 65, a resolution strongly other purposes. supra. supporting the full implementation of S. 675 S. 700 United States and international sanc- At the request of Ms. AYOTTE, the At the request of Mr. KAINE, the tions on Iran and urging the President names of the Senator from Georgia name of the Senator from Maryland to continue to strengthen enforcement (Mr. CHAMBLISS), the Senator from (Mr. CARDIN) was added as a cosponsor of sanctions legislation. Kansas (Mr. MORAN) and the Senator of S. 700, a bill to ensure that the edu- S. RES. 97 from West Virginia (Mr. MANCHIN) were cation and training provided members At the request of Mr. COBURN, the added as cosponsors of S. 675, a bill to of the Armed Forces and veterans bet- name of the Senator from Tennessee prohibit contracting with the enemy. ter assists members and veterans in ob- (Mr. ALEXANDER) was added as a co- S. 679 taining civilian certifications and li- sponsor of S. Res. 97, a resolution ex- At the request of Mr. BROWN, the censes, and for other purposes. pressing the sense of the Senate that name of the Senator from Oregon (Mr. S. 703 the Food and Drug Administration MERKLEY) was added as a cosponsor of At the request of Ms. HIRONO, the should encourage the use of abuse-de- S. 679, a bill to promote local and re- name of the Senator from Minnesota terrent formulations of drugs. gional farm and food systems, and for (Ms. KLOBUCHAR) was added as a co- AMENDMENT NO. 711 other purposes. sponsor of S. 703, a bill to amend the At the request of Mrs. FEINSTEIN, the S. 680 Immigration and Nationality Act to name of the Senator from Washington At the request of Ms. AYOTTE, the provide for the eligibility of the Hong (Mrs. MURRAY) was added as a cospon- name of the Senator from Oklahoma Kong Special Administration Region sor of amendment No. 711 intended to (Mr. COBURN) was added as a cosponsor for designation for participation in the be proposed to S. 649, a bill to ensure of S. 680, a bill to rescind amounts ap- visa waiver program for certain visi- that all individuals who should be pro- propriated for fiscal year 2013 for the tors to the United States. hibited from buying a firearm are list- Department of Defense for the Medium S. 707 ed in the national instant criminal Extended Air Defense System, and for At the request of Mr. REED, the background check system and require a other purposes. names of the Senator from Oregon (Mr. background check for every firearm S. 687 MERKLEY) and the Senator from Min- sale, and for other purposes. At the request of Mr. MORAN, the nesota (Ms. KLOBUCHAR) were added as AMENDMENT NO. 714 names of the Senator from Kentucky cosponsors of S. 707, a bill to amend the At the request of Mrs. MURRAY, her (Mr. MCCONNELL), the Senator from Ne- Higher Education Act of 1965 to extend name was added as a cosponsor of braska (Mr. JOHANNS) and the Senator the reduced interest rate for Federal amendment No. 714 intended to be pro- from Michigan (Ms. STABENOW) were Direct Stafford Loans. posed to S. 649, a bill to ensure that all added as cosponsors of S. 687, a bill to S. 719 individuals who should be prohibited prohibit the closing of air traffic con- At the request of Mr. BLUMENTHAL, from buying a firearm are listed in the trol towers, and for other purposes. the names of the Senator from Maine national instant criminal background S. 691 (Mr. KING) and the Senator from check system and require a background At the request of Mrs. BOXER, her Vermont (Mr. LEAHY) were added as co- check for every firearm sale, and for name was added as a cosponsor of S. sponsors of S. 719, a bill to provide for other purposes.

VerDate Mar 15 2010 05:15 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.014 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2686 CONGRESSIONAL RECORD — SENATE April 16, 2013 At the request of Mr. REED, his name for increased DIC benefits for surviving erans, but to their surviving spouses was added as a cosponsor of amend- spouses with children from 2 years to 5 and children. This legislation would ment No. 714 intended to be proposed to years. A 2001 evaluation of benefits for strengthen, develop, and expand essen- S. 649, supra. survivors of veterans with service-con- tial programs and benefits for sur- f nected disabilities revealed that sur- vivors. Veterans and their families, vivors with dependents perceived an who have both sacrificed so much for STATEMENTS ON INTRODUCED approximate $6,000 annual gap between this country, deserve these benefits. BILLS AND JOINT RESOLUTIONS DIC received and DIC needed. The We must deliver. study also found that the average total Mr. President, I ask unanimous con- By Mr. SANDERS: household income decreased over sent that the text of the bill be printed S. 735. A bill to amend title 38, $20,000 on average during the transition in the RECORD. United States Code, to improve bene- period after the veteran’s death. As a There being no objection, the text of fits and assistance provided to sur- result of this study, it was rec- the bill was ordered to be printed in viving spouses of veterans under laws ommended that the $250 monthly in- the RECORD, as follows: administered by the Secretary of Vet- crease in DIC payment be extended S. 735 erans Affairs, and for other purposes; from two years to five years for sur- Be it enacted by the Senate and House of Rep- to the Committee on Veterans’ Affairs. viving spouses with dependent chil- resentatives of the United States of America in Congress assembled, Mr. SANDERS. Mr. President, as the dren. It has now been over a decade Chairman of the Veterans’ Affairs SECTION 1. SHORT TITLE. since the 2001 report and we still have Committee, one of my top priorities is This Act may be cited as the ‘‘Survivor not provided this increase. Benefits Improvement Act of 2013’’. to honor the promise that we made, as Furthermore, a recent survey from a nation, to care for veterans and their SEC. 2. EXTENSION OF INITIAL PERIOD FOR IN- the Department of Veterans Affairs in- CREASED DEPENDENCY AND INDEM- survivors. The Senate recently passed a dicated that approximately 44 percent NITY COMPENSATION FOR SUR- resolution, which I was proud to co- of surviving spouse respondents had in- VIVING SPOUSES WITH CHILDREN. Section 1311(f)(2) of title 38, United States sponsor, designating April 5 as ‘‘Gold comes below $20,000. It is clear that Star Wives Day,’’ in honor of the Gold Code, is amended by striking ‘‘two-year’’ and this legislation is necessary to provide Star Wives of America, a nonprofit or- inserting ‘‘five-year’’. much needed additional support to sur- ganization that provides services, sup- SEC. 3. ELIGIBILITY FOR DEPENDENCY AND IN- vivors during the period following a DEMNITY COMPENSATION, HEALTH port, and representation for widows veteran’s death, especially for low-in- CARE, AND HOUSING LOANS FOR and widowers whose spouses died on ac- SURVIVING SPOUSES WHO REMARRY come families. We must act to remedy tive duty in the military or as a result AFTER AGE 55. this shortfall immediately. Subparagraph (B) of section 103(d)(2) of of a service-connected disability. We This legislation would also expand recently celebrated ‘‘Gold Star Wives title 38, United States Code, is amended to eligibility for DIC to surviving spouses read as follows: Day,’’ by recognizing the sacrifices of who remarry at or after age 55. The ‘‘(B) The remarriage after age 55 of the sur- the families of fallen servicemembers lower remarriage age would ensure viving spouse of a veteran shall not bar the and veterans. furnishing of benefits specified in paragraph that surviving spouses receive benefits In addition to honoring surviving (5) to such person as the surviving spouse of spouses and families, we must take at a requirement level comparable to the veteran.’’. steps forward to provide the com- other federal survivor programs. For SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN prehensive care and benefits they need. example, under the Military Survivor THAILAND SERVICE VETERANS Benefit Plan and for federal employees BORN WITH SPINA BIFIDA. Without a doubt, a decade of war has (a) IN GENERAL.—Subchapter III of chapter had a major impact on our military generally, the remarriage age is 55 for retaining benefits. 18 of title 38, United States Code, is amended families. Over 6,600 U.S. servicemem- by adding at the end the following new sec- At present, VA presumes that spina bers have died in Operations Iraqi Free- tion: bifida in biological children of certain dom and Enduring Freedom. They ‘‘§ 1822. Benefits for children of certain Thai- leave behind spouses, who must now Vietnam-era and certain Korea service land service veterans born with spina face a variety of issues such as finan- veterans was caused by the veterans’ bifida cial difficulties, preserving the family exposure to Agent Orange during mili- ‘‘(a) BENEFITS AUTHORIZED.—The Secretary home, maintaining the family business, tary service. As a result, VA provides may provide to any child of a veteran of cov- and caring for their children. health care, vocational rehabilitation ered service in Thailand who is suffering Earlier this year, the Veterans’ Af- and employment services, and a from spina bifida the health care, vocational training and rehabilitation, and monetary fairs Committee heard from the Gold monthly monetary allowance to quali- fying children. Although Agent Orange allowance required to be paid to a child of a Star Wives of America about the sig- Vietnam veteran who is suffering from spina nificant challenges that survivors con- was primarily used in Vietnam, it was bifida under subchapter I of this chapter as if tinue to face. Among the issues the or- also used at military installations and such child of a veteran of covered service in ganization advocated for were im- other facilities, such as those in Korea Thailand were a child of a Vietnam veteran proved Dependency and Indemnity and Thailand. Veterans who served in who is suffering from spina bifida under such Compensation benefits and qualifica- certain occupations at certain bases in subchapter. ‘‘(b) SPINA BIFIDA CONDITIONS COVERED.— tion requirements. These are some of Thailand are eligible to receive service- connected disability compensation. This section applies with respect to all forms the challenges that this legislation and manifestations of spina bifida, except would address. Therefore, it is only logical that VA spina bifida occulta. This legislation would improve exist- should also be required to provide bene- ‘‘(c) VETERAN OF COVERED SERVICE IN THAI- ing survivor benefits and establish a fits to the children of veterans with LAND.—For purposes of this section, a vet- new pilot program to help address the qualifying service in Thailand, who are eran of covered service in Thailand is any in- grief counseling needs of surviving suffering from spina bifida. dividual, without regard to the characteriza- spouses. It would also expand health The loss of a loved one is a dev- tion of that individual’s service, who— astating and life changing event. This ‘‘(1) served in the active military, naval, or care and other supportive services to air service in Thailand, as determined by the children who suffer from spina bifida as legislation would strengthen our dedi- Secretary in consultation with the Secretary a result of their parent’s exposure to cation to the overall well-being of sur- of Defense, during the period beginning on certain herbicide agents during service viving spouses by providing a pilot pro- January 9, 1962, and ending on May 7, 1975; in Thailand during the Vietnam War. gram on grief counseling in retreat set- and This legislation would make a real and tings. The program would enable sur- ‘‘(2) is determined by the Secretary, in con- positive impact in the lives of the ap- viving spouses, and dependents in cer- sultation with the Secretary of Defense, to proximately 350,000 surviving spouses tain instances, to receive the coun- have been exposed to a herbicide agent dur- and children, currently receiving bene- seling, support, and sense of commu- ing such service in Thailand. ‘‘(d) HERBICIDE AGENT.—For purposes of fits, who have lost a loved one as a re- nity necessary to heal from losing a this section, the term ‘herbicide agent’ sult of service to this country. loved one. means a chemical in a herbicide used in sup- The Survivor Benefits Improvement We have made a steadfast and unwav- port of United States and allied military op- Act of 2013 would extend the timeframe ering commitment not only to our vet- erations in Thailand, as determined by the

VerDate Mar 15 2010 05:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.015 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2687 Secretary in consultation with the Secretary By Mr. ROCKEFELLER (for him- drug manufacturers paid a drug rebate of Defense, during the period beginning on self, Mr. NELSON, Ms. BALDWIN, for dually eligible beneficiaries in January 9, 1962, and ending on May 7, 1975.’’. Mr. BLUMENTHAL, Mrs. BOXER, Medicare and Medicaid. However, when (b) CLERICAL AMENDMENTS.— Mr. BROWN, Mr. DURBIN, Mr. the new Medicare drug program was es- (1) SUBCHAPTER HEADING.—The heading for subchapter III of chapter 18 of such title is FRANKEN, Mr. KING, Ms. KLO- tablished, drug companies no longer amended by inserting ‘‘AND THAILAND’’ BUCHAR, Mr. LEAHY, Mr. had to provide these rebates, resulting after ‘‘KOREA’’. MERKLEY, Mr. REED, Mr. SAND- in windfall profits for prescription drug (2) TABLE OF SECTIONS.—The table of sec- ERS, Mr. SCHATZ, Mrs. SHAHEEN, manufacturers, at taxpayers’ expense. tions at the beginning of chapter 18 of such Ms. STABENOW, Mr. UDALL of The Medicare Drug Savings Act title is amended— New Mexico, and Mr. WHITE- would require prescription drug manu- (A) by striking the item relating to sub- HOUSE): facturers to pay the difference between chapter III and inserting the following new S. 740. A bill to amend title XVIII of the lowest current rebates they are item: the Social Security Act to require drug paying to private Part D drug plans, ‘‘SUBCHAPTER III—CHILDREN OF CERTAIN KOREA manufacturers to provide drug rebates and the percentage of Average Manu- AND THAILAND SERVICE VETERANS BORN WITH for drugs dispensed to low-income indi- SPINA BIFIDA’’; AND facture Price, AMP, they currently pay viduals under the Medicare prescrip- under Medicaid, plus an additional re- (B) by inserting after the item relating to tion drug benefit program; to the Com- section 1821 the following new item: bate if their prices grow faster than in- mittee on Finance. ‘‘1822. Benefits for children of certain Thai- flation. They would be required to par- Mr. ROCKEFELLER. Mr. President, I ticipate in the rebate program in order land service veterans born with rise today to introduce the Medicare spina bifida.’’. for their drugs to be covered by Medi- Drug Savings Act of 2013. I am proud to care Part D. SEC. 5. PILOT PROGRAM ON GRIEF COUNSELING be joined by my long-time partner in IN RETREAT SETTINGS FOR SUR- I urge my colleagues to support this VIVING SPOUSES OF VETERANS WHO this effort, Senator BILL NELSON, as bill. In doing so, we will protect Medi- DIE WHILE SERVING ON ACTIVE well as my colleagues Senator TAMMY DUTY IN THE ARMED FORCES. care for seniors, and end a giveaway to BALDWIN of Wisconsin, Senator RICH- drug companies that is costing tax- (a) PILOT PROGRAM REQUIRED.— ARD BLUMENTHAL of Connecticut, Sen- (1) IN GENERAL.—Commencing not later payers billions of dollars. ate BARBARA BOXER of California, Sen- than 180 days after the date of the enactment f of this Act, the Secretary of Veterans Affairs ator SHERROD BROWN of Ohio, Senator shall carry out, through the Readjustment RICHARD DURBIN of Illinois, Senator AL SUBMITTED RESOLUTIONS Counseling Service of the Veterans Health FRANKEN of Minnesota, Senator ANGUS Administration, a pilot program to assess KING of Maine, Senator AMY KLO- the feasibility and advisability of providing BUCHAR of Minnesota, Senator PATRICK SENATE RESOLUTION 98—HON- grief counseling services described in sub- LEAHY of Vermont, Senator JEFF ORING THE LIFE, LEGACY, AND section (b) in group retreat settings to sur- MERKLEY of Oregon, Senator JACK EXAMPLE OF BRITISH PRIME viving spouses of veterans who die while REED of Rhode Island, Senator BERNIE MINISTER BARONESS MARGARET serving on active duty in the Armed Forces. SANDERS of Vermont, Senator BRIAN THATCHER (2) PARTICIPATION AT ELECTION OF SUR- SCHATZ of Hawaii, Senator JEANNE VIVING SPOUSE.—The participation of a sur- Mr. MCCONNELL (for himself and SHAHEEN of New Hampshire, Senator viving spouse in the pilot program under this Mr. VITTER) submitted the following DEBBIE STABENOW of Michigan, Senator section shall be at the election of the sur- resolution; which was considered and TOM UDALL of New Mexico and Senator viving spouse. agreed to: (b) COVERED SERVICES.—The services pro- SHELDON WHITEHOUSE of Rhode Island, vided to a surviving spouse under the pilot in introducing this important piece of S. RES. 98 program shall include the following: legislation. Whereas Baroness Margaret Thatcher was (1) Information and counseling on coping We need to responsibly reduce our born on October 13, 1925, in Grantham, with grief. deficit, but taking away health care for United Kingdom; (2) Information about benefits and services seniors and other vulnerable people Whereas Baroness Margaret Thatcher first visited the United States in 1967; available to surviving spouses under laws ad- should be off the table. Rather than ministered by the Secretary. Whereas Baroness Margaret Thatcher be- (3) Such other information and counseling dismantling Medicare and Medicaid, we came the first and, to date, only female as the Secretary considers appropriate to as- can save billions of dollars by holding Prime Minister of the United Kingdom of sist a surviving spouse under the pilot pro- drug companies accountable and using Great Britain and Northern Ireland, in 1979; gram with adjusting to the death of a spouse. the purchasing power of the federal Whereas Baroness Margaret Thatcher (c) LOCATIONS.—The Secretary shall carry government to negotiate lower drug served as Prime Minister for 11 years, mak- out the pilot program at not fewer than six prices, just the way any private insur- ing her the longest-serving Prime Minister locations as follows: ance plan would use its purchasing in the 20th century; (1) Three locations at which surviving power to lower prices. Whereas Baroness Margaret Thatcher in spouses with dependent children are encour- That is why we are introducing the 1982 led United Kingdom efforts to liberate the Falkland Islands after they had been in- aged to bring their children. Medicare Drug Savings Act. The bill (2) Three locations at which surviving vaded and occupied by the Government of spouses with dependent children are not en- will eliminate a special deal from the Argentina; couraged to bring their children. 2003 Medicare prescription drug law Whereas Baroness Margaret Thatcher in (d) DURATION.—The pilot program shall be that allows drug companies to charge 1983 supported the deployment of United carried out during the two-year period begin- Medicare higher prices for some sen- States nuclear cruise missiles at United ning on the date of the commencement of iors’ prescription drugs. It would re- Kingdom bases and the deployment by the the pilot program. quire prescription drug manufacturers United States of short-range nuclear missiles (e) REPORTS.— to pay rebates to Medicare for dually in Europe when there was stiff opposition to (1) IN GENERAL.—Not later than 180 days eligible beneficiaries in Medicare and her doing so; after the completion of the first year of the Whereas Baroness Margaret Thatcher in pilot program and not later than 180 days Medicaid as well as other low-income 1984 survived an assassination attempt by after the completion of the pilot program, Medicare beneficiaries. This proposal the Irish Republican Army in Brighton, the Secretary shall submit to Congress a re- would reduce the deficit, saving tax- United Kingdom, and declared that ‘‘all at- port on the pilot program. payers an estimated $141.2 billion over tempts to destroy democracy by terrorism (2) CONTENTS.—Each report submitted the next 10 years, according to the Con- will fail’’; under paragraph (1) shall contain the find- gressional Budget Office. Similar pro- Whereas Baroness Margaret Thatcher in ings and conclusions of the Secretary as a re- posals were also included in the rec- 1986 allowed U.S. F-111s to fly from British sult of the pilot program, and shall include ommendations from the President’s territory to attack sites in Libya in response such recommendations for the continuation Commission on Fiscal Responsibility to the Berlin discotheque bombing which or expansion of the pilot program as the Sec- killed 2 members of the United States Armed retary considers appropriate. and Reform, the President’s framework Forces; (f) DEFINITIONS.—In this section, the terms for deficit reduction and the Presi- Whereas Baroness Margaret Thatcher’s ‘‘active duty’’, ‘‘surviving spouse’’, and ‘‘vet- dent’s budget for fiscal year 2014. personal relationship with President Ronald eran’’ have the meanings given such terms in Prior to the creation of the Medicare Reagan demonstrated once again that the section 101 of title 38, United States Code. prescription drug program, brand-name special relationship between the United

VerDate Mar 15 2010 06:21 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.017 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2688 CONGRESSIONAL RECORD — SENATE April 16, 2013 States and the United Kingdom is a powerful (2) provide vital strategic support func- SENATE RESOLUTION 100—COM- force for good in the world; tions to the Armed Forces of the United MENDING AND CONGRATU- Whereas Baroness Margaret Thatcher States and serve in the National Guard and LATING THE UNIVERSITY OF stood shoulder to shoulder with United Reserves; States leaders against the Soviet Union and (3) fight crime and fires; LOUISVILLE MEN’S BASKETBALL the threats posed by communism; (4) ensure equal access to secure, efficient, TEAM FOR WINNING ITS THIRD Whereas Baroness Margaret Thatcher de- and affordable mail service; DIVISION I NATIONAL COLLE- fended United Kingdom sovereignty within (5) deliver Social Security and Medicare GIATE ATHLETIC ASSOCIATION the European Economic Community; and benefits; CHAMPIONSHIP, AND THE UNI- Whereas Baroness Margaret Thatcher dedi- (6) fight disease and promote better health; VERSITY OF LOUISVILLE WOM- cated her life to the cause of democracy, (7) protect the environment and the parks EN’S BASKETBALL TEAM FOR freedom, and economic liberty for the United of the United States; Kingdom and the world: Now, therefore, be it (8) enforce laws guaranteeing equal em- BEING RUNNER UP IN THE 2013 Resolved, That the Senate— ployment opportunity and healthy working WOMEN’S DIVISION I NATIONAL (1) honors the legacy of Baroness Margaret conditions; COLLEGIATE ATHLETIC ASSOCIA- Thatcher for her life-long commitment to (9) defend and secure critical infrastruc- TION BASKETBALL TOUR- advancing freedom, liberty, and democracy ture; NAMENT throughout the world; (10) help the people of the United States re- (2) extends its deepest condolences and cover from natural disasters and terrorist at- Mr. MCCONNELL (for himself and sympathy to the family of Baroness Mar- tacks; Mr. PAUL) submitted the following res- garet Thatcher and the people of the United (11) teach and work in schools and librar- Kingdom of Great Britain and Northern Ire- ies; olution; which was considered and land; (12) develop new technologies and explore agreed to: (3) recognizes that Baroness Margaret the Earth, the Moon, and space to help im- S. RES. 100 Thatcher, working with President Ronald prove understanding of how the world Reagan, helped bring a peaceful end to the changes; Whereas, on April 8, 2013, the University of Cold War; (13) improve and secure transportation sys- Louisville Cardinals defeated the University (4) reiterates its continued support for the tems; of Michigan Wolverines, 82 to 76, in the final close tie and the special relationship be- (14) promote economic growth; and game of the National Collegiate Athletic As- tween the United States and the United (15) assist the veterans of the United sociation (referred to in this preamble as Kingdom; and States; ‘‘NCAA’’) Division I Men’s Basketball Tour- (5) expresses admiration for Baroness Mar- nament in Atlanta, Georgia; garet Thatcher and her legacy as an inspira- Whereas members of the uniformed serv- ices and civilian employees at all levels of Whereas the Louisville Cardinals have won tional and transformative leader in the 3 national titles and appeared in 10 NCAA United Kingdom and the world. government make significant contributions to the general welfare of the United States, Final Fours, their first title and third Final f and are on the front lines in the fight to de- Four appearance under Coach Rick Pitino; SENATE RESOLUTION 99—EX- feat terrorism and maintain homeland secu- Whereas Hall of Fame Coach Rick Pitino is PRESSING THE SENSE OF THE rity; the only coach to win NCAA national men’s SENATE THAT PUBLIC SERV- Whereas public servants work in a profes- basketball championships at 2 universities; Whereas senior guard Peyton Siva has led ANTS SHOULD BE COMMENDED sional manner to build relationships with other countries and cultures in order to bet- the Cardinals to 2 Big East Conference Tour- FOR THEIR DEDICATION AND ter represent the interests and promote the nament Championships, 2 NCAA Final Fours, CONTINUED SERVICE TO THE ideals of the United States; and 1 NCAA national title while playing for UNITED STATES DURING PUBLIC Whereas public servants alert Congress and the University of Louisville men’s basketball SERVICE RECOGNITION WEEK the public to government waste, fraud, and team; Mr. TESTER (for himself, Mr. LEVIN, abuse, and of dangers to public health; Whereas junior center Gorgui Dieng was Whereas the men and women serving in the named Big East Conference Defensive Player Mr. CARDIN, Mr. CARPER, Mr. BEGICH, Armed Forces of the United States, as well of the Year and First Team All-Big East, Mr. COONS, and Mr. SCHATZ) submitted as the skilled trade and craft Federal em- along with junior guard Russ Smith; the following resolution; which was ployees who provide support to their efforts, Whereas junior forward Luke Hancock was considered and agreed to.: are committed to doing their jobs regardless named Most Outstanding Player of the 2013 S. RES. 99 of the circumstances, and contribute greatly NCAA Final Four, the first nonstarter to win Whereas the week of May 5 through 11, 2013 to the security of the United States and the the award; has been designated as ‘‘Public Service Rec- world; Whereas each player, coach, athletic train- ognition Week’’ to honor the employees of Whereas public servants have bravely er, and staff member of the University of the Federal Government and State and local fought in armed conflict in defense of the Louisville men’s basketball team dedicated governments of the United States; United States and its ideals, and deserve the their season and tireless efforts to a success- Whereas Public Service Recognition Week care and benefits they have earned through ful team effort; provides an opportunity to recognize and their honorable service; Whereas the University of Louisville wom- promote the important contributions of pub- Whereas government workers have much en’s basketball team inspired the people of lic servants and honor the diverse men and to offer, as demonstrated by their expertise the Commonwealth with its memorable and women who meet the needs of the United and innovative ideas, and serve as examples exciting run in the tournament and for being States through work at all levels of govern- by passing on institutional knowledge to the lowest-seeded team to make it to the ment; train the next generation of public servants; NCAA title game since the inaugural wom- Whereas millions of individuals work in and en’s championship game in 1982; government service in every city, county, Whereas the week of May 5 through 11, 2013 Whereas residents of the City of Louisville and State across the United States and in marks the 29th anniversary of Public Service and the Commonwealth of Kentucky and hundreds of cities abroad; Recognition Week: Now, therefore, be it Cardinal fans worldwide are to be com- Whereas public service is a noble calling Resolved, That the Senate— mended for their long-standing support, per- involving a variety of challenging and re- (1) supports the designation of the week of severance, and pride in this team; and warding professions; May 5 through 11, 2013 as ‘‘Public Service Whereas Coach Rick Pitino, Coach Jeff Whereas the Federal Government and Recognition Week’’; Walz, and the University Louisville Car- (2) commends public servants for their out- State and local governments are responsive, dinals have brought pride and honor to the standing contributions to this great country innovative, and effective because of the out- City of Louisville and the entire Common- during Public Service Recognition Week and standing work of public servants; wealth of Kentucky this season, which is throughout the year; Whereas the United States is a great and rightly known as the college basketball cap- (3) salutes government employees for their prosperous country, and public service em- ital of the world: unyielding dedication to and spirit for public ployees contribute significantly to that Now, therefore, be it greatness and prosperity; service; Whereas the United States benefits daily (4) honors those government employees Resolved, That the Senate— from the knowledge and skills of the highly- who have given their lives in service to their (1) commends and congratulates the Uni- trained individuals who work in public serv- country; versity of Louisville Cardinals on its out- ice; (5) calls upon a new generation to consider standing accomplishment; and Whereas public servants— a career in public service as an honorable (2) respectfully requests that the Secretary (1) defend the freedom of the people of the profession; and of the Senate transmit a copy of this resolu- United States and advance the interests of (6) encourages efforts to promote public tion to the president of the University of the United States around the world; service careers at all levels of government. Louisville.

VerDate Mar 15 2010 05:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.019 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2689 AMENDMENTS SUBMITTED AND (2) whether there is a connection between SEC. lll. PROTECTING THE PRIVACY AND PROPOSED exposure to violent video programming and SAFETY OF LAW-ABIDING GUN OWN- harmful effects on children. ERS. SA 716. Mr. ROCKEFELLER (for himself, Section 1701 of title I of the Omnibus (b) CONTENTS OF STUDY AND INVESTIGA- Mr. COBURN, Mr. JOHANNS, Mr. BLUMENTHAL, Crime Control and Safe Streets Act of 1968 TION.— Mr. HELLER, and Ms. KLOBUCHAR) submitted (42 U.S.C. 3796dd) is amended by adding at (1) VIOLENT VIDEO GAMES.—The study and an amendment intended to be proposed by the end the following: investigation under subsection (a) shall in- him to the bill S. 649, to ensure that all indi- ‘‘(l) PROTECTING THE PRIVACY OF LAW-ABID- clude— viduals who should be prohibited from buy- ING GUN OWNERS.— (A) whether the exposure listed under sub- ing a firearm are listed in the national in- ‘‘(1) DEFINITION.—In this subsection, the section (a)(1)— stant criminal background check system and term ‘private gun ownership data’ means in- (i) causes children to act aggressively or require a background check for every fire- formation held by a State or unit of local causes other measurable harm to children; arm sale, and for other purposes; which was government that concerns— (ii) has a disproportionately harmful effect ordered to lie on the table. ‘‘(A) a license or permit of an individual to on children already prone to aggressive be- SA 717. Mr. BARRASSO submitted an purchase, possess, or carry a firearm; havior or on other identifiable groups of chil- amendment intended to be proposed by him ‘‘(B) a license or permit of an individual re- dren; and to the bill S. 649, supra; which was ordered to lating to ammunition; or (iii) has a harmful effect that is distin- lie on the table. ‘‘(C) the location of an individual gun SA 718. Mr. COBURN (for himself, Mr. guishable from any negative effects produced owner. by other types of media; RUBIO, Mr. JOHNSON of Wisconsin, and Mr. ‘‘(2) WITHHOLDING FUNDS FOR NONCOMPLI- (B) whether any harm identified under sub- ENZI) submitted an amendment intended to ANCE.— be proposed by him to the bill S. 649, supra; paragraph (A)(i) has a direct and long-lasting ‘‘(A) IN GENERAL.—Subject to subparagraph which was ordered to lie on the table. impact on a child’s well-being; and (B), and notwithstanding any other provision SA 719. Mr. CORNYN (for himself, Mr. VIT- (C) whether current or emerging character- of this part, if a State or unit of local gov- TER, and Ms. COLLINS) submitted an amend- istics of video games have a unique impact ernment receiving a grant under this part ment intended to be proposed by him to the on children, considering in particular video publicly releases private gun ownership data bill S. 649, supra; which was ordered to lie on games’ interactive nature and the extraor- during any fiscal year, the Attorney General the table. dinarily personal and vivid way violence shall withhold 5 percent of the amount that SA 720. Mr. BURR (for himself, Mr. might be portrayed in such video games. would otherwise be provided to the State or WICKER, Mr. INHOFE, Mr. CRAPO, Mr. RISCH, (2) VIOLENT VIDEO PROGRAMMING.—The unit of local government under this part for Mr. COCHRAN, Mr. MORAN, Mr. THUNE, Mr. study and investigation under subsection (a) that fiscal year. ROBERTS, Mr. ENZI, and Mr. BOOZMAN) sub- shall include— ‘‘(B) EXCEPTION.—Subparagraph (A) shall mitted an amendment intended to be pro- (A) whether the exposure listed under sub- not apply to any release of private gun own- posed by him to the bill S. 649, supra; which section (a)(2)— ership data that is necessary in the course was ordered to lie on the table. (i) causes children to act aggressively or of— SA 721. Mr. CORNYN submitted an amend- causes other measurable harm to children; ‘‘(i) a bonafide criminal investigation; or ment intended to be proposed by him to the (ii) has a disproportionately harmful effect ‘‘(ii) a trial, hearing, or other proceeding of bill S. 649, supra; which was ordered to lie on on children already prone to aggressive be- any court, board, commission, or agency. the table. havior or on other identifiable groups of chil- ‘‘(3) REDISTRIBUTION OF WITHHELD FUNDS.— SA 722. Mr. RUBIO submitted an amend- dren; and On the first day of the first fiscal year after ment intended to be proposed by him to the (iii) has a harmful effect that is distin- a fiscal year in which amounts were withheld bill S. 649, supra; which was ordered to lie on guishable from any negative effects produced from a State or unit of local government the table. by other types of media; and under paragraph (2), such amounts shall be SA 723. Mr. RUBIO submitted an amend- (B) whether any harm identified under sub- made available to States and units of local ment intended to be proposed by him to the paragraph (A)(i) has a direct and long-lasting government that do not publicly release pri- bill S. 649, supra; which was ordered to lie on impact on a child’s well-being. vate gun ownership data.’’. the table. (3) FUTURE RESEARCH.—The study and in- SA 724. Mr. REID (for Mr. LAUTENBERG (for vestigation under subsection (a) shall iden- SA 718. Mr. COBURN (for himself, himself, Mr. WHITEHOUSE, Mr. MENENDEZ, tify gaps in the current state of research Mr. RUBIO, Mr. JOHNSON of Wisconsin, Mr. COWAN, Mrs. BOXER, Mr. REED, Ms. WAR- which, if closed, could provide additional in- and Mr. ENZI) submitted an amend- REN, and Mr. BLUMENTHAL)) submitted an formation regarding any causal connection— ment intended to be proposed by him amendment intended to be proposed by Mr. (A) between exposure to violent video to the bill S. 649, to ensure that all in- REID, of NV to the bill S. 649, supra; which games and behavior; and was ordered to lie on the table. (B) between exposure to violent video pro- dividuals who should be prohibited from buying a firearm are listed in the f gramming and behavior. (c) REPORT.—In entering into any arrange- national instant criminal background TEXT OF AMENDMENTS ments with the National Academy of check system and require a background SA 716. Mr. ROCKEFELLER (for him- Sciences for conducting the study and inves- check for every firearm sale, and for self, Mr. COBURN, Mr. JOHANNS, Mr. tigation under this section, the Federal other purposes; which was ordered to Trade Commission, the Federal Communica- BLUMENTHAL, Mr. HELLER, and Ms. lie on the table; as follows: tions Commission, and the Department of KLOBUCHAR) submitted an amendment At the appropriate place, insert the fol- Health and Human Services shall request the lowing: intended to be proposed by him to the National Academy of Sciences to submit, not bill S. 649, to ensure that all individ- SEC. lll. ANNUAL REPORT ON AMMUNITION. later than 15 months after the date on which (a) DEFINITION.—In this section, the term uals who should be prohibited from such arrangements are completed, a report ‘‘agency’’ has the meaning given the term in buying a firearm are listed in the na- on the results of the study and investigation section 551 of title 5, United States Code. tional instant criminal background to— (b) ANNUAL REPORT.—Except as provided in check system and require a background (1) Congress; subsection (c), not later than December 31, check for every firearm sale, and for (2) the Federal Trade Commission; 2013, and before each December 31 thereafter, (3) the Federal Communications Commis- other purposes; which was ordered to each agency shall submit to Congress a re- sion; and port on— lie on the table; as follows: (4) the Department of Health and Human (1) the number of firearms and types of At the appropriate place, insert the fol- Services. firearms purchased or otherwise acquired by lowing: the agency during the previous fiscal year; SEC. lll. STUDY; NATIONAL ACADEMY OF SA 717. Mr. BARRASSO submitted an (2) the number of rounds of ammunition SCIENCES. amendment intended to be proposed by and the type of ammunition purchased by (a) IN GENERAL.—Not later than 30 days the agency during the previous fiscal year; after the date of enactment of this Act, the him to the bill S. 649, to ensure that all (3) the number of firearms owned by the Federal Trade Commission, the Federal individuals who should be prohibited agency that were stolen, lost, or unac- Communications Commission, and the De- from buying a firearm are listed in the counted for during the previous fiscal year; partment of Health and Human Services, national instant criminal background and jointly, shall undertake to enter into appro- check system and require a background (4) the number of firearms possessed by the priate arrangements with the National Acad- check for every firearm sale, and for agency at the end of the previous fiscal year. emy of Sciences to conduct a comprehensive other purposes; which was ordered to (c) NATIONAL SECURITY EXCEPTION.—Sub- study and investigation of— section (b) shall not apply to the Department (1) whether there is a connection between lie on the table; as follows: of Defense or the Central Intelligence Agen- exposure to violent video games and harmful At the appropriate place, insert the fol- cy, if the Secretary of Defense or the Direc- effects on children; and lowing: tor of the Central Intelligence Agency—

VerDate Mar 15 2010 05:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.021 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2690 CONGRESSIONAL RECORD — SENATE April 16, 2013 (1) submits to Congress a detailed expla- State, that apply to the possession or car- ‘‘5511. Conditions for treatment of certain nation of why reporting of the information rying of a concealed handgun by residents of persons as adjudicated men- described in subsection (b) would harm na- the State or political subdivision who are li- tally incompetent for certain tional security; and censed by the State or political subdivision purposes.’’. (2) upon request, makes the information to do so, or not prohibited by the State from described in subsection (b) available to the doing so. SA 721. Mr. CORNYN submitted an relevant congressional oversight committees ‘‘(c) UNRESTRICTED LICENSE OR PERMIT.—In amendment intended to be proposed by in a classified format. a State that allows the issuing authority for him to the bill S. 649, to ensure that all licenses or permits to carry concealed fire- individuals who should be prohibited SA 719. Mr. CORNYN (for himself, arms to impose restrictions on the carrying from buying a firearm are listed in the Mr. VITTER, and Ms. COLLINS) sub- of firearms by individual holders of such li- national instant criminal background mitted an amendment intended to be censes or permits, an individual carrying a concealed handgun under this section shall check system and require a background proposed by him to the bill S. 649, to check for every firearm sale, and for ensure that all individuals who should be permitted to carry a concealed handgun according to the same terms authorized by other purposes; which was ordered to be prohibited from buying a firearm an unrestricted license of or permit issued to lie on the table; as follows: are listed in the national instant crimi- a resident of the State. At the appropriate place, insert the fol- nal background check system and re- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in lowing: quire a background check for every this section shall be construed to preempt SEC. lll. PROTECTION OF PROSECUTORS, firearm sale, and for other purposes; any provision of State law with respect to JUDGES, LAW ENFORCEMENT OFFI- which was ordered to lie on the table; the issuance of licenses or permits to carry CERS, AND THEIR FAMILIES. as follows: concealed firearms.’’. (a) SHORT TITLE.—This section may be (2) CLERICAL AMENDMENT.—The table of cited as the ‘‘Line of Duty Act of 2013’’. At the appropriate place, insert the fol- sections for chapter 44 of title 18, United (b) PROTECTION FOR PROSECUTORS AND lowing: States Code, is amended by inserting after JUDGES.— SEC. lll. CONSTITUTIONAL CONCEALED the item relating to section 926C the fol- (1) MODIFICATIONS TO THE COMMUNITY ORI- CARRY RECIPROCITY ACT OF 2013. lowing: ENTED POLICING SERVICES PROGRAM.—Section (a) SHORT TITLE.—This section may be ‘‘926D. Reciprocity for the carrying of cer- 1701(b) of title I of the Omnibus Crime Con- cited as the ‘‘Constitutional Concealed Carry tain concealed firearms.’’. trol and Safe Streets Act of 1968 (42 U.S.C. Reciprocity Act of 2013’’. (3) SEVERABILITY.—Notwithstanding any 3796dd(b)) is amended— (b) RECIPROCITY FOR THE CARRYING OF CER- other provision of this Act, if any provision (A) in paragraph (16), by striking ‘‘and’’ at TAIN CONCEALED FIREARMS.— of this section, or any amendment made by the end; (1) IN GENERAL.—Chapter 44 of title 18, this section, or the application of such provi- (B) by redesignating paragraph (17) as United States Code, is amended by inserting sion or amendment to any person or cir- paragraph (18); after section 926C the following: cumstance is held to be unconstitutional, (C) by inserting after paragraph (16) the ‘‘§ 926D. Reciprocity for the carrying of cer- this section and amendments made by this following: tain concealed firearms section and the application of such provision ‘‘(18) to train and provide security details ‘‘(a) IN GENERAL.—Notwithstanding any or amendment to other persons or cir- for prosecutors and judges, including their provision of the law of any State or political cumstances shall not be affected thereby. immediate families, involved in cases that subdivision thereof to the contrary— (4) EFFECTIVE DATE.—The amendments raise substantial concerns of retaliation or ‘‘(1) an individual who is not prohibited by made by this section shall take effect 90 days intimidation through violent acts; and’’; and Federal law from possessing, transporting, after the date of enactment of this Act. (D) in paragraph (18), as so redesignated, shipping, or receiving a firearm, and who is by striking ‘‘(16)’’ and inserting ‘‘(17)’’. carrying a government-issued photographic SA 720. Mr. BURR (for himself, Mr. (2) MODIFICATIONS TO THE EDWARD BYRNE identification document and a valid license WICKER, Mr. INHOFE, Mr. CRAPO, Mr. MEMORIAL JUSTICE ASSISTANCE GRANT PRO- or permit which is issued pursuant to the law RISCH, Mr. COCHRAN, Mr. MORAN, Mr. GRAM.—Section 501(a)(1) of title I of the Om- of a State and which permits the individual THUNE, Mr. ROBERTS, Mr. ENZI, and Mr. nibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is amended by add- to carry a concealed firearm, may possess or BOOZMAN) submitted an amendment in- carry a concealed handgun (other than a ma- ing at the end the following: tended to be proposed by him to the ‘‘(H) Prosecutorial and judicial security chinegun or destructive device) that has bill S. 649, to ensure that all individ- been shipped or transported in interstate or details and programs.’’. foreign commerce in any State other than uals who should be prohibited from (c) JUSTICE FOR PROSECUTORS, JUDGES, LAW the State of residence of the individual buying a firearm are listed in the na- ENFORCEMENT OFFICERS, AND THEIR FAMI- that— tional instant criminal background LIES.— ‘‘(A) has a statue that allows residents of check system and require a background (1) KILLING OF PROSECUTORS, JUDGES, AND the State to obtain licenses or permits to check for every firearm sale, and for LAW ENFORCEMENT OFFICERS.— carry concealed firearms; or (A) OFFENSE.—Chapter 51 of title 18, United other purposes; which was ordered to States Code, is amended by adding at the end ‘‘(B) does not prohibit the carrying of con- lie on the table; as follows: cealed firearms by residents of the State for the following: lawful purposes; and At the end of subtitle A of title I, insert ‘‘§ 1123. Killing of federally funded prosecu- ‘‘(2) an individual who is not prohibited by the following: tors, judges, and law enforcement officers Federal law from possessing, transporting, SEC. 114. CONDITIONS FOR TREATMENT OF CER- ‘‘(a) DEFINITIONS.—In this section— shipping, or receiving a firearm, and who is TAIN PERSONS AS ADJUDICATED ‘‘(1) the terms ‘Federal law enforcement of- carrying a government-issued photographic MENTALLY INCOMPETENT FOR CER- ficer’ and ‘United States judge’ have the TAIN PURPOSES. identification document and is entitled and meanings given those terms in section 115; (a) IN GENERAL.—Chapter 55 of title 38, not prohibited from carrying a concealed ‘‘(2) the term ‘federally funded public safe- United States Code, is amended by adding at firearm in the State in which the individual ty officer’ means a public safety officer or the end the following new section: resides otherwise than as described in para- judicial officer for a public agency that— graph (1), may possess or carry a concealed ‘‘§ 5511. Conditions for treatment of certain ‘‘(A) receives Federal financial assistance; handgun (other than a machinegun or de- persons as adjudicated mentally incom- and structive device) that has been shipped or petent for certain purposes ‘‘(B) is an agency of an entity that is a transported in interstate or foreign com- ‘‘In any case arising out of the administra- State of the United States, the District of merce in any State other than the State of tion by the Secretary of laws and benefits Columbia, the Commonwealth of Puerto residence of the individual that— under this title, a person who is mentally in- Rico, the Virgin Islands, Guam, American ‘‘(A) has a statute that allows residents of capacitated, deemed mentally incompetent, Samoa, the Commonwealth of the Northern the State to obtain licenses or permits to or experiencing an extended loss of con- Mariana Islands, or any territory or posses- carry concealed firearms; or sciousness shall not be considered adju- sion of the United States, an Indian tribe, or ‘‘(B) does not prohibit the carrying of con- dicated as a mental defective under sub- a unit of local government of that entity; cealed firearms by residents of the State for section (d)(4) or (g)(4) of section 922 of title 18 ‘‘(3) the term ‘firefighter’ includes an indi- lawful purposes. without the order or finding of a judge, mag- vidual serving as an official recognized or ‘‘(b) CONDITIONS AND LIMITATIONS.—The istrate, or other judicial authority of com- designated member of a legally organized possession or carrying of a concealed hand- petent jurisdiction that such person is a dan- volunteer fire department and an officially gun in a State under this section shall be ger to himself or herself or others.’’. recognized or designated public employee subject to the same conditions and limita- (b) CLERICAL AMENDMENT.—The table of member of a rescue squad or ambulance tions, except as to eligibility to possess or sections at the beginning of chapter 55 of crew; carry, imposed by or under Federal or State such title is amended by adding at the end ‘‘(4) the term ‘judicial officer’ means a law or the law of a political subdivision of a the following new item: judge or other officer or employee of a court,

VerDate Mar 15 2010 05:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.024 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2691 including prosecutors, court security, pre- ‘‘(A) to engage in or supervise the preven- account of the performance of, official du- trial services officers, court reporters, and tion, detention, or investigation of any ties; corrections, probation, and parole officers; criminal violation of law; ‘‘(B) assault or interfere with an individual ‘‘(5) the term ‘law enforcement officer’ ‘‘(B) to arrest, prosecute, or adjudicate an who formerly served as an officer or em- means an individual, with arrest powers, in- individual for any criminal violation of law; ployee described in section 1114 on account of volved in crime or juvenile delinquency con- or the performance of official duties; or trol or reduction or enforcement of the laws; ‘‘(C) to be a firefighter or other first re- ‘‘(C) assault or interfere with an individual ‘‘(6) the term ‘public agency’ includes a sponder.’’. on account of the current or former status of court system, the National Guard of a State (4) FEDERAL REVIEW OF STATE CONVICTION the individual as an officer or employee de- to the extent the personnel of that National FOR MURDER OF A LAW ENFORCEMENT OFFICER scribed in section 1114. Guard are not in Federal service, and the de- OR JUDGE.— ‘‘(2) PENALTY.—Any person who violates fense forces of a State authorized by section (A) IN GENERAL.—Section 2254 of title 28, paragraph (1), shall be— 109 of title 32; and United States Code, is amended by adding at ‘‘(A) fined under this title; ‘‘(7) the term ‘public safety officer’ means the end the following: ‘‘(B)(i) in the case of an interference or a an individual serving a public agency in an ‘‘(j)(1) For an application for a writ of ha- simple assault, imprisoned for not more than official capacity, as a law enforcement offi- beas corpus on behalf of a person in custody 1 year; cer, as a firefighter, as a chaplain, or as a pursuant to the judgment of a State court ‘‘(ii) in the case of an assault involving ac- member of a rescue squad or ambulance for a crime that involved the killing of a tual physical contact or the intent to com- crew. public safety officer (as that term is defined mit any other felony, imprisoned for not ‘‘(b) OFFENSE.—It shall be unlawful for any in section 1204 of the Omnibus Crime Control more than 10 years; person to— and Safe Streets Act of 1968 (42 U.S.C. 3796b)) ‘‘(iii) in the case of an assault resulting in ‘‘(1) kill, or attempt or conspire to kill— or judge, while the public safety officer or bodily injury, imprisoned for not more than ‘‘(A) a United States judge; judge was engaged in the performance of offi- 20 years; or ‘‘(B) a Federal law enforcement officer; or cial duties, or on account of the performance ‘‘(iv) in the case of an assault resulting in ‘‘(C) a federally funded public safety officer of official duties by or status as a public substantial bodily injury (as that term is de- while that officer is engaged in official du- safety officer or judge of the public safety of- fined in section 113), or if a dangerous weap- ties, or on account of the performance of of- ficer or judge— on was used or possessed during and in rela- ficial duties; or ‘‘(A) the application shall be subject to the tion to the offense (including a weapon in- ‘‘(2) kill a former United States judge, Fed- time limitations and other requirements tended to cause death or danger but that eral law enforcement officer, or federally under sections 2263, 2264, and 2266; and fails to do so by reason of a defective compo- funded public safety officer on account of the ‘‘(B) the court shall not consider claims re- nent), imprisoned for not more than 30 years; past performance of official duties. lating to sentencing that were adjudicated in or ‘‘(c) PENALTY.—Any person that violates a State court. ‘‘(C) fined under subparagraph (A) and im- subsection (b) shall be fined under this title ‘‘(2) Sections 2251, 2262, and 2101 are the ex- prisoned under subparagraph (B). and imprisoned for any term of years not clusive sources of authority for Federal ‘‘(b) LAW ENFORCEMENT OFFICERS AND less than 30, or for life, or, if death results courts to stay a sentence of death entered by JUDGES.— and the offender is prosecuted as a principal, a State court in a case described in para- ‘‘(1) IN GENERAL.— may be sentenced to death.’’. graph (1).’’. ‘‘(A) SUBSTANTIAL BODILY INJURY.—If the (B) CLERICAL AMENDMENT.—The table of (B) RULES.—Rule 11 of the Rules Governing victim of an assault punishable under this sections for chapter 51 of title 18, United Section 2254 Cases in the United States Dis- section is a Federal law enforcement officer States Code, is amended by adding at the end trict Courts is amended by adding at the end or a United States judge (as those terms are the following: the following: ‘‘Rule 60(b)(6) of the Federal defined in section 115) and the assault re- Rules of Civil Procedure shall not apply to a sulted in substantial bodily injury (as that ‘‘1123. Killing of federally funded prosecu- proceeding under these rules in a case that is term is defined in section 113), the offender tors, judges, and law enforce- described in section 2254(j) of title 28, United shall be punished by a fine under this title ment officers.’’. States Code.’’. and imprisonment for not less 5 years nor (2) FUGITIVES FROM JUSTICE.— (C) FINALITY OF DETERMINATION.—Section more than 30 years; and (A) OFFENSE.—Chapter 49 of title 18, United 2244(b)(3)(E) of title 28, United States Code, is ‘‘(B) SERIOUS BODILY INJURY.—If the victim States Code, is amended by adding at the end amended by striking ‘‘the subject of a peti- of an assault punishable under this section is the following: tion’’ and all that follows and inserting: ‘‘re- a Federal law enforcement officer or a ‘‘§ 1075. Flight to avoid prosecution for killing heard in the court of appeals or reviewed by United States judge (as those terms are de- prosecutors, judges, and law enforcement writ of certiorari.’’. fined in section 115) and the assault resulted officials (D) EFFECTIVE DATE AND APPLICABILITY.— in serious bodily injury (as that term is de- (i) IN GENERAL.—This paragraph and the fined in section 2119(2)), or a dangerous weap- ‘‘(a) OFFENSE.—It shall be unlawful for any amendments made by this paragraph shall on was used or possessed during and in rela- person to move or travel in interstate or for- apply to any case pending on or after the tion to the offense, the offender shall be pun- eign commerce with intent to avoid prosecu- date of enactment of this Act. ished by a fine under this title and imprison- tion, or custody or confinement after convic- (ii) TIME LIMITS.—In a case pending on the ment for any term of years not less than 10 tion, under the laws of the place from which date of enactment of this Act, if the amend- or for life. the person flees or under section 1114 or 1123, ments made by this paragraph impose a time ‘‘(2) IMPOSITION OF PUNISHMENT.—Each pun- for a crime consisting of the killing, an at- limit for taking certain action, the period of ishment for criminal conduct described in tempted killing, or a conspiracy to kill a which began before the date of enactment of this subsection shall be in addition to any Federal judge or Federal law enforcement of- this Act, the period of such time limit shall other punishment for other criminal conduct ficer (as those terms are defined in section begin on the date of enactment of this Act. during the same criminal episode.’’. 115), or a federally funded public safety offi- (iii) EXCEPTION.—The amendments made by (B) TECHNICAL AND CONFORMING AMEND- cer (as that term is defined in section 1123). this paragraph shall not bar consideration MENT.—The table of sections for chapter 7 of ‘‘(b) PENALTY.—Any person that violates under section 2266(b)(3)(B) of title 28, United title 18, United States Code, is amended by subsection (a) shall be fined under this title States Code, of an amendment to an applica- striking the item relating to section 111 and and imprisoned for any term of years not tion for a writ of habeas corpus that is pend- inserting the following: less than 10, in addition to any other term of ing on the date of enactment of this Act, if ‘‘111. Assaulting or interfering with certain imprisonment for any other offense relating the amendment to the petition was adju- officers or employees.’’. to the conduct described in subsection (a).’’. dicated by the court prior to the date of en- (6) SPECIAL PENALTIES FOR RETALIATING (B) CLERICAL AMENDMENT.—The table of actment of this Act. AGAINST A FEDERAL PROSECUTOR, JUDGE, OR sections for chapter 49 of title 18, United (5) SPECIAL PENALTIES FOR ASSAULTING A LAW ENFORCEMENT OFFICER BY MURDERING OR States Code, is amended by adding at the end FEDERAL PROSECUTOR, JUDGE, OR LAW EN- ASSAULTING A FAMILY MEMBER.— the following: FORCEMENT OFFICER.— (A) IN GENERAL.—Section 115 of title 18, (A) IN GENERAL.—Section 111 of title 18, ‘‘1075. Flight to avoid prosecution for killing United States Code, is amended— United States Code, is amended to read as prosecutors, judges, and law en- (i) by redesignating subsections (c) and (d) follows: forcement officials.’’. as subsections (d) and (e), respectively; and (3) AGGRAVATING FACTORS FOR HOMICIDE.— ‘‘§ 111. Assaulting or interfering with certain (ii) by inserting after subsection (b) the Section 3592(c) of title 18, United States officers or employees following: Code, is amended by inserting after para- ‘‘(a) OFFICERS AND EMPLOYEES.— ‘‘(c)(1) If an offense punishable under this graph (16) the following: ‘‘(1) IN GENERAL.—It shall be unlawful for section is committed with the intent to im- ‘‘(17) KILLING OF A PROSECUTOR, JUDGE, LAW any person to— pede, intimidate, or interfere with a Federal ENFORCEMENT OFFICER, OR FIRST RE- ‘‘(A) assault or interfere with an officer or law enforcement officer or a United States SPONDER.—The defendant killed or attempted employee described in section 1114, while judge while that officer or judge is engaged to kill a person who is authorized by law— such officer or employee is engaged in, or on in the performance of official duties, with

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the intent to retaliate against that officer or (5) REGULATIONS REQUIRED.—Not later than or allow such persons to store firearms in a judge or a person who formerly served as 60 days after the date of enactment of this vehicle lockbox approved by the Director.’’. such an officer or judge on account of the Act, the Attorney General shall promulgate (2) CLERICAL AMENDMENT.—The table of performance of official duties, or with the in- regulations allowing persons described in sections for chapter 303 of title 18, United tent to retaliate against an individual on ac- section 3054 of title 18, United States Code, States Code, is amended by adding at the end count of the current or former status of the to possess firearms in a manner described by the following: individual as such an officer or judge, the of- that section. With respect to Federal jus- ‘‘4049. Secure firearms storage for Federal fender shall be punished— tices, judges, bankruptcy judges, and mag- correctional workers.’’. ‘‘(A) in the case of murder, attempted mur- istrate judges, such regulations shall be pre- der, conspiracy to murder, or manslaughter, scribed after consultation with the Judicial SA 722. Mr. RUBIO submitted an as provided in section 1114(1); Conference of the United States. amendment intended to be proposed by ‘‘(B) in the case of kidnapping, attempted (6) TECHNICAL AND CONFORMING AMEND- him to the bill S. 649, to ensure that all kidnapping, or conspiracy to kidnap, as pro- MENT.—The table of sections for chapter 203 individuals who should be prohibited vided in section 1201(a); of title 18, United States Code, is amended by ‘‘(C) in the case of an assault resulting in inserting after the item relating to section from buying a firearm are listed in the bodily injury or involving the use or posses- 3053 the following: national instant criminal background sion of a dangerous weapon during and in re- ‘‘3054. Authority of judges, prosecutors, and check system and require a background lation to the offense, as provided for a com- law enforcement officers to check for every firearm sale, and for parable offense against a Federal law en- carry firearms.’’. other purposes; which was ordered to forcement officer or United States judge (e) LIMITATION ON DAMAGES INCURRED DUR- lie on the table; as follows: under section 111; and ING COMMISSION OF A FELONY OR CRIME OF VI- At the appropriate place, insert the fol- ‘‘(D) in the case of any other assault or OLENCE.— lowing: threat, by a fine under this title and impris- (1) IN GENERAL.—Section 1979 of the Re- SEC. ll. HEALTH CARE SAFETY NET ENHANCE- onment for not more than 10 years. vised Statutes (42 U.S.C. 1983) is amended MENT. ‘‘(2) Each punishment for criminal conduct by— (a) CONSTITUTIONAL AUTHORITY.—The con- described in this subsection shall be in addi- (A) striking ‘‘except that in any action’’ stitutional authority upon which this sec- tion to any other punishment for other and all that follows through ‘‘relief was un- tion rests is the power of the Congress to criminal conduct during the same criminal available.’’ and inserting the following: ‘‘ex- provide for the general welfare, to regulate episode.’’. cept that— commerce, and to make all laws which shall (B) TECHNICAL AND CONFORMING AMEND- ‘‘(1) in any action brought against a judi- be necessary and proper for carrying into MENTS.— cial officer for an act or omission taken in execution Federal powers, as enumerated in (i) Section 119(b)(4) of title 18, United the judicial capacity of that officer, injunc- section 8 of article I of the Constitution of States Code, is amended by striking ‘‘section tive relief shall not be granted unless a de- the United States. 115(c)(2)’’ and inserting ‘‘section 115’’. claratory decree was violated or declaratory (b) PROTECTION FOR EMERGENCY AND RE- (ii) Section 2237(e)(1) of title 18, United relief was unavailable; and LATED SERVICES FURNISHED PURSUANT TO States Code, is amended by striking ‘‘in sec- ‘‘(2) in any action seeking redress for any EMTALA.—Section 224(g) of the Public tion 115(c)’’ and inserting ‘‘in section 115’’. deprivation that was incurred in the course Health Service Act (42 U.S.C. 233(g)) is (iii) Section 5(a) of the Act entitled ‘‘An of, or as a result of, or is related to, conduct amended— Act to promote the development of Indian by the injured party that, more likely than (1) in paragraph (4), by striking ‘‘An enti- arts and crafts and to create a board to as- not, constituted a felony or a crime of vio- ty’’ and inserting ‘‘Subject to paragraph (6), sist therein, and for other purposes’’ (25 lence (as that term is defined in section 16 of an entity’’; and U.S.C. 305d) is amended by striking ‘‘in sec- title 18, United States Code) (including any (2) by adding at the end the following: tion 115(c)’’ and inserting ‘‘in section 115’’. deprivation in the course of arrest or appre- ‘‘(6)(A) For purposes of this section— (d) SELF-DEFENSE RIGHTS FOR PROSECU- hension for, or the investigation, prosecu- ‘‘(i) an entity described in subparagraph TORS, JUDGES, AND LAW ENFORCEMENT OFFI- tion, or adjudication of, such an offense), a (B) shall be considered to be an entity de- CERS.— court may not award damages other than for scribed in paragraph (4); and (1) IN GENERAL.—Chapter 203 of title 18, necessary out-of-pocket expenditures and ‘‘(ii) the provisions of this section shall United States Code, is amended by inserting other monetary loss.’’; and apply to an entity described in subparagraph after section 3053 the following: (B) indenting the last sentence as an un- (B) in the same manner as such provisions ‘‘§ 3054. Authority of judges, prosecutors, and designated paragraph. apply to an entity described in paragraph (4), law enforcement officers to carry firearms (2) ATTORNEY’S FEES.—Section 722(b) of the except that— ‘‘Subject to such regulations as the Attor- Revised Statutes (42 U.S.C. 1988(b)) is amend- ‘‘(I) notwithstanding paragraph (1)(B), the ney General shall prescribe regarding train- ed by striking ‘‘except that in any action’’ deeming of any entity described in subpara- ing and proficiency in the use of firearms, and all that follows and inserting the fol- graph (B), or of an officer, governing board any officer, agent, or employee of the United lowing: ‘‘except that— member, employee, contractor, or on-call States, a State, or a political subdivision ‘‘(1) in any action brought against a judi- provider of such an entity, to be an employee thereof, who is authorized by law to engage cial officer for an act or omission taken in of the Public Health Service for purposes of in or supervise the prevention, detection, in- the judicial capacity of that officer, such of- this section shall apply only with respect to vestigation, prosecution, or adjudication of ficer shall not be held liable for any costs, items and services that are furnished to an any violation of law may carry firearms. including attorneys fees, unless such action individual pursuant to section 1867 of the So- Such authority to carry firearms shall ex- was clearly in excess of the jurisdiction of cial Security Act and to post stabilization tend, but not be limited to presence within that officer; and services (as defined in subparagraph (D)) fur- any building or structure classified as a Fed- ‘‘(2) in any action seeking redress for any nished to such an individual; eral facility or Federal court facility, as deprivation that was incurred in the course ‘‘(II) nothing in paragraph (1)(D) shall be those terms are defined under section 930, of, or as a result of, or is related to, conduct construed as preventing a physician or phy- and any grounds appurtenant to such a facil- by the injured party that, more likely than sician group described in subparagraph ity, where such possession is otherwise au- not, constituted a felony or a crime of vio- (B)(ii) from making the application referred thorized by law and incident to the lawful lence (as that term is defined in section 16 of to in such paragraph or as conditioning the performance of the official duties of that title 18, United States Code) (including any deeming of a physician or physician group person.’’. deprivation in the course of arrest or appre- that makes such an application upon receipt (2) CARRYING OF CONCEALED FIREARMS BY hension for, or the investigation, prosecu- by the Secretary of an application from the QUALIFIED LAW ENFORCEMENT OFFICERS.—Sec- tion, or adjudication of, such an offense), the hospital or emergency department that em- tion 926B(e)(2) of title 18, United States Code, court may not allow such party to recover ploys or contracts with the physician or is amended by inserting ‘‘any magazine and’’ attorney’s fees.’’. group, or enlists the physician or physician after ‘‘includes’’. (f) SELF-DEFENSE RIGHTS FOR FEDERAL COR- group as an on-call provider; (3) CARRYING OF CONCEALED FIREARMS BY RECTIONAL WORKERS.— ‘‘(III) notwithstanding paragraph (3), this QUALIFIED RETIRED LAW ENFORCEMENT OFFI- (1) IN GENERAL.—Chapter 303 of title 18, paragraph shall apply only with respect to CERS.—Section 926C(e)(1)(B) of title 18, United States Code, is amended by adding at causes of action arising from acts or omis- United States Code, is amended by inserting the end the following: sions that occur on or after January 1, 2014; ‘‘any magazine and’’ after ‘‘includes’’. ‘‘§ 4049. Secure firearms storage for Federal ‘‘(IV) paragraph (5) shall not apply to a (4) SCHOOL ZONES.—Section 922(q)(2)(B)(vi) correctional workers physician or physician group described in title 18, United States Code, is amended by ‘‘The Director of the Bureau of Prisons subparagraph (B)(ii); inserting ‘‘, a qualified law enforcement offi- shall ensure that each Federal penal or cor- ‘‘(V) the Attorney General, in consultation cer (as defined in section 926B(c)), or a quali- rectional institution provides a secure fire- with the Secretary, shall make separate esti- fied retired law enforcement officer (as de- arms storage area for use by all persons em- mates under subsection (k)(1) with respect to fined in section 926C(c))’’ before the semi- ployed by the Bureau of Prisons at the insti- entities described in subparagraph (B) and colon. tution who are authorized to carry a firearm, entities described in paragraph (4) (other

VerDate Mar 15 2010 05:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.025 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2693 than those described in subparagraph (B)), other purposes; which was ordered to ‘‘§ 922B. Attorney General’s discretion regard- and the Secretary shall establish separate lie on the table; as follows: ing applicants for firearm permits which funds under subsection (k)(2) with respect to would qualify for the exemption provided such groups of entities, and any appropria- At the appropriate place, insert the fol- under section 922(s)(3). tions under this subsection for entities de- lowing: ‘‘The Attorney General may determine scribed in subparagraph (B) shall be separate SEC. lll. BACKGROUND CHECKS FOR INDIVID- that— from the amounts authorized by subsection UALS WITH CONCEALED CARRY PER- ‘‘(1) an applicant for a firearm permit (k)(2); MITS. which would qualify for an exemption under ‘‘(VI) notwithstanding subsection (k)(2), (a) FINDING.—Congress finds that back- section 922(s) is known (or appropriately sus- the amount of the fund established by the ground checks under the national instant pected) to be or have been engaged in con- Secretary under such subsection with re- criminal background check system have duct constituting, in preparation for, in aid spect to entities described in subparagraph proven to produce false positive results for of, or related to terrorism, or providing ma- (B) may exceed a total of $10,000,000 for a fis- individuals with similar names. terial support or resources for terrorism; and ‘‘(2) the Attorney General has a reasonable cal year; and (b) CONCEAL CARRY PERMITS.—Section ‘‘(VII) subsection (m) shall not apply to en- 922(s) of title 18, United States Code, as re- belief that the applicant may use a firearm tities described in subparagraph (B). designated and amended by this Act, is in connection with terrorism.’’; ‘‘(B) An entity described in this subpara- amended— (2) in section 921(a), by adding at the end graph is— (1) in paragraph (1)(A), by inserting ‘‘is the following: ‘‘(i) a hospital or an emergency department provided a covered conceal carry permit or ‘‘(36) The term ‘terrorism’ includes inter- national terrorism and domestic terrorism, to which section 1867 of the Social Security license of such other person or’’ after ‘‘the li- as defined in section 2331 of this title. Act applies; and censee’’; and ‘‘(37) The term ‘material support or re- ‘‘(ii) a physician or physician group that is (2) by adding at the end the following: employed by, is under contract with, or is an sources’ has the meaning given the term in on-call provider of such hospital or emer- ‘‘(8) In this subsection, the term ‘covered section 2339A of this title. gency department, to furnish items and serv- conceal carry permit or license’ means a per- ‘‘(38) The term ‘responsible person’ means ices to individuals under such section. mit or license issued by a State— an individual who has the power, directly or ‘‘(C) For purposes of this paragraph, the ‘‘(A) that authorizes an individual to carry indirectly, to direct or cause the direction of term ‘on-call provider’ means a physician or a concealed firearm; the management and policies of the appli- physician group that— ‘‘(B) after conducting a criminal back- cant or licensee pertaining to firearms.’’; and ‘‘(i) has full, temporary, or locum tenens ground check; and (3) in the table of sections, by inserting staff privileges at a hospital or emergency ‘‘(C) not more than 5 years before the date after the item relating to section 922 the fol- department to which section 1867 of the So- of the applicable transfer.’’. lowing: cial Security Act applies; and ‘‘922A. Attorney General’s discretion to deny ‘‘(ii) is not employed by or under contract SA 724. Mr. REID (for Mr. LAUTEN- transfer of a firearm. with such hospital or emergency depart- BERG (for himself, Mr. WHITEHOUSE, Mr. ‘‘922B. Attorney General’s discretion regard- ing applicants for firearm per- ment, but agrees to be ready and available to MENENDEZ, Mr. COWAN, Mrs. BOXER, Mr. provide services pursuant to section 1867 of mits which would qualify for REED, Ms. WARREN, and Mr. the Social Security Act or post-stabilization the exemption provided under services to individuals being treated in the BLUMENTHAL)) submitted an amend- section 922(s)(3).’’. hospital or emergency department with or ment intended to be proposed by Mr. (b) EFFECT OF ATTORNEY GENERAL DISCRE- without compensation from the hospital or Reid of NV to the bill S. 649, to ensure TIONARY DENIAL THROUGH THE NATIONAL IN- emergency department. that all individuals who should be pro- STANT CRIMINAL BACKGROUND CHECK SYSTEM ‘‘(D) For purposes of this paragraph, the hibited from buying a firearm are list- (NICS) ON FIREARMS PERMITS.—Section 922(s) of title 18, United States Code, is amended— term ‘post stabilization services’ means, ed in the national instant criminal with respect to an individual who has been (1) in paragraph (1)(B)(ii), by inserting ‘‘or background check system and require a State law, or that the Attorney General has treated by an entity described in subpara- background check for every firearm graph (B) for purposes of complying with sec- determined to deny the transfer of a firearm pursuant to section 922A of this title’’ before tion 1867 of the Social Security Act, services sale, and for other purposes; which was the semicolon; that are— ordered to lie on the table; as follows: (2) in paragraph (2), in the matter pre- ‘‘(i) related to the condition that was so At the end, add the following: ceding subparagraph (A), by inserting ‘‘, or if treated; and the Attorney General has not determined to ‘‘(ii) provided after the individual is sta- TITLE IV—DENYING FIREARMS AND EX- deny the transfer of a firearm pursuant to bilized in order to maintain the stabilized PLOSIVES TO DANGEROUS TERRORISTS section 922A of this title’’ after ‘‘or State condition or to improve or resolve the condi- SECTION 401. SHORT TITLE. law’’; tion of the individual. This title may be cited as the ‘‘Denying (3) in paragraph (3)— ‘‘(E)(i) Nothing in this paragraph (or in Firearms and Explosives to Dangerous Ter- (A) in subparagraph (A)— any other provision of this section as such rorists Act of 2013’’. (i) in clause (i)— provision applies to entities described in sub- (I) in subclause (I), by striking ‘‘and’’ at paragraph (B) by operation of subparagraph SEC. 402. GRANTING THE ATTORNEY GENERAL the end; and (A)) shall be construed as authorizing or re- THE AUTHORITY TO DENY THE SALE, (II) by adding at the end the following: quiring the Secretary to make payments to DELIVERY, OR TRANSFER OF A FIRE- ARM OR THE ISSUANCE OF A FIRE- ‘‘(III) was issued after a check of the sys- such entities, the budget authority for which ARMS OR EXPLOSIVES LICENSE OR tem established pursuant to paragraph (1);’’; is not provided in advance by appropriation PERMIT TO DANGEROUS TERROR- (ii) in clause (ii), by inserting ‘‘and’’ after Acts. ISTS. the semicolon; and ‘‘(ii) The Secretary shall limit the total (a) STANDARD FOR EXERCISING ATTORNEY (iii) by adding at the end the following: amount of payments under this paragraph GENERAL DISCRETION REGARDING TRANSFER- ‘‘(iii) the State issuing the permit agrees for a fiscal year to the total amount appro- RING FIREARMS OR ISSUING FIREARMS PER- to deny the permit application if such other priated in advance by appropriation Acts for MITS TO DANGEROUS TERRORISTS.—Chapter 44 person is the subject of a determination by such purpose for such fiscal year. If the total of title 18, United States Code, is amended— the Attorney General pursuant to section amount of payments that would otherwise be (1) by inserting after section 922 the fol- 922B of this title;’’; made under this paragraph for a fiscal year lowing: (4) in paragraph (4), by inserting ‘‘, or if exceeds such total amount appropriated, the the Attorney General has not determined to Secretary shall take such steps as may be ‘‘§ 922A. Attorney General’s discretion to deny deny the transfer of a firearm pursuant to necessary to ensure that the total amount of transfer of a firearm. section 922A of this title’’ after ‘‘or State payments under this paragraph for such fis- ‘‘The Attorney General may deny the law’’; and cal year does not exceed such total amount transfer of a firearm under section (5) in paragraph (5), by inserting ‘‘, or if appropriated.’’. 922(s)(1)(B)(ii) of this title if the Attorney the Attorney General has determined to General— deny the transfer of a firearm pursuant to SA 723. Mr. RUBIO submitted an ‘‘(1) determines that the transferee is section 922A of this title’’ after ‘‘or State amendment intended to be proposed by known (or appropriately suspected) to be or law’’. him to the bill S. 649, to ensure that all have been engaged in conduct constituting, (c) UNLAWFUL SALE OR DISPOSITION OF individuals who should be prohibited in preparation for, in aid of, or related to FIREARM BASED UPON ATTORNEY GENERAL terrorism, or providing material support or DISCRETIONARY DENIAL.—Section 922(d) of from buying a firearm are listed in the resources for terrorism; and title 18, United States Code, as amended by national instant criminal background ‘‘(2) has a reasonable belief that the pro- this Act, is amended— check system and require a background spective transferee may use a firearm in con- (1) in paragraph (10), by striking ‘‘or’’ at check for every firearm sale, and for nection with terrorism. the end;

VerDate Mar 15 2010 05:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.025 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2694 CONGRESSIONAL RECORD — SENATE April 16, 2013 (2) in paragraph (11), by striking the period General has determined would likely com- striking the item relating to section 925A at the end and inserting ‘‘; or’’; and promise national security.’’. and inserting the following: (3) by adding at the end the following: (h) ATTORNEY GENERAL’S ABILITY TO WITH- ‘‘925A. Remedies.’’. ‘‘(12) has been the subject of a determina- HOLD INFORMATION IN RELIEF FROM DISABIL- (k) PROVISION OF GROUNDS UNDERLYING IN- tion by the Attorney General under section ITIES LAWSUITS.—Section 925(c) of title 18, ELIGIBILITY DETERMINATION BY THE NATIONAL 922A, 922B, 923(d)(3), or 923(e) of this title.’’. United States Code, is amended by inserting INSTANT CRIMINAL BACKGROUND CHECK SYS- (d) ATTORNEY GENERAL DISCRETIONARY DE- after the third sentence the following: ‘‘If TEM.—Section 103 of the Brady Handgun Vio- NIAL AS PROHIBITOR.—Section 922(g) of title the person is subject to a disability under lence Prevention Act (18 U.S.C. 922 note) is 18, United States Code, is amended— section 922(g)(10) of this title, any informa- amended— (1) in paragraph (8), by striking ‘‘or’’ at the tion which the Attorney General relied on (1) in subsection (f)— end; for this determination may be withheld from (A) by inserting ‘‘or the Attorney General (2) in paragraph (9), by striking the comma the applicant if the Attorney General deter- has made a determination regarding an ap- at the end and inserting ‘‘; or’’; and mines that disclosure of the information plicant for a firearm permit pursuant to sec- (3) by inserting after paragraph (9) the fol- would likely compromise national security. tion 922B of title 18, United States Code,’’ lowing: In responding to the petition, the United after ‘‘is ineligible to receive a firearm’’; and ‘‘(10) who has received actual notice of the States may submit, and the court may rely (B) by inserting ‘‘except any information Attorney General’s determination made upon, summaries or redacted versions of doc- for which the Attorney General has deter- under section 922A, 922B, 923(d)(3) or 923(e) of uments containing information the disclo- mined that disclosure would likely com- this title,’’. sure of which the Attorney General has de- promise national security,’’ after ‘‘reasons to (e) ATTORNEY GENERAL DISCRETIONARY DE- termined would likely compromise national the individual,’’; and NIAL OF FEDERAL FIREARMS LICENSES.—Sec- security.’’. (2) in subsection (g)— tion 923(d) of title 18, United States Code, is (i) PENALTIES.—Section 924(k)(1) of title 18, (A) the first sentence— amended— United States Code, as amended by this Act, (i) by inserting ‘‘or if the Attorney General (1) in paragraph (1), in the matter pre- is amended— has made a determination pursuant to sec- ceding subparagraph (A), by striking ‘‘Any’’ (1) in subparagraph (B), by striking ‘‘or’’ at tion 922A or 922B of title 18, United States and inserting ‘‘Except as provided in para- the end; Code,’’ after ‘‘or State law,’’; and graph (3), any’’; and (2) in subparagraph (C), by striking the (ii) by inserting ‘‘, except any information (2) by adding at the end the following: comma at the end and inserting ‘‘; or’’; and for which the Attorney General has deter- ‘‘(3) The Attorney General may deny a li- (3) by inserting after subparagraph (C) the mined that disclosure would likely com- cense application if the Attorney General de- following: promise national security’’ before the period termines that the applicant (including any ‘‘(D) constitutes an act of terrorism, or at the end; and responsible person) is known (or appro- providing material support or resources for (B) by adding at the end the following: priately suspected) to be or have been en- terrorism,’’. ‘‘Any petition for review of information gaged in conduct constituting, in prepara- (j) REMEDY FOR ERRONEOUS DENIAL OF withheld by the Attorney General under this tion for, in aid of, or related to terrorism, or subsection shall be made in accordance with providing material support or resources for FIREARM OR FIREARM PERMIT EXEMPTION.— section 925A of title 18, United States Code.’’. terrorism, and the Attorney General has a (1) IN GENERAL.—Section 925A of title 18, United States Code, is amended— (l) UNLAWFUL DISTRIBUTION OF EXPLOSIVES reasonable belief that the applicant may use BASED UPON ATTORNEY GENERAL DISCRE- a firearm in connection with terrorism.’’. (A) in the section heading, by striking ‘‘Remedy for erroneous denial of firearm’’ TIONARY DENIAL.—Section 842(d) of title 18, (f) DISCRETIONARY REVOCATION OF FEDERAL United States Code, is amended— FIREARMS LICENSES.—Section 923(e) of title and inserting ‘‘Remedies’’; (B) by striking ‘‘Any person denied a fire- (1) in paragraph (9), by striking the period 18, United States Code, is amended— and inserting ‘‘; or’’; and (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; arm pursuant to subsection (s) or (t) of sec- tion 922’’ and inserting the following: (2) by adding at the end the following: (2) by striking ‘‘revoke any license’’ and ‘‘(10) has received actual notice of the At- inserting the following: ‘‘revoke— ‘‘(a) Except as provided in subsection (b), any person denied a firearm pursuant to sec- torney General’s determination made pursu- ‘‘(A) any license’’; ant to subsection (j) or (d)(1)(B) of section 843 (3) by striking ‘‘. The Attorney General tion 922(s) or a firearm permit pursuant to a determination made under section 922B’’; of this title.’’. may, after notice and opportunity for hear- (m) ATTORNEY GENERAL DISCRETIONARY DE- and ing, revoke the license’’ and inserting the NIAL AS PROHIBITOR.—Section 842(i) of title (C) by adding at the end the following: following: ‘‘; 18, United States Code, is amended— ‘‘(b) In any case in which the Attorney ‘‘(B) the license’’; and (1) in paragraph (7), by inserting ‘‘; or’’ at General has denied the transfer of a firearm (4) by striking ‘‘. The Secretary’s action’’ the end; and to a prospective transferee pursuant to sec- and inserting the following: ‘‘; or (2) by inserting after paragraph (7) the fol- tion 922A of this title or has made a deter- ‘‘(C) any license issued under this section if lowing: mination regarding a firearm permit appli- the Attorney General determines that the ‘‘(8) who has received actual notice of the cant pursuant to section 922B of this title, an holder of such license (including any respon- Attorney General’s determination made pur- action challenging the determination may be sible person) is known (or appropriately sus- suant to subsection (j) or (d)(1)(B) of section brought against the United States. The peti- pected) to be or have been engaged in con- 843 of this title,’’. tion shall be filed not later than 60 days duct constituting, in preparation for, in aid (n) ATTORNEY GENERAL DISCRETIONARY DE- of, or related to terrorism or providing mate- after the petitioner has received actual no- NIAL OF FEDERAL EXPLOSIVES LICENSES AND rial support or resources for terrorism, and tice of the Attorney General’s determination PERMITS.—Section 843 of title 18, United the Attorney General has a reasonable belief under section 922A or 922B of this title. The States Code, is amended— that the applicant may use a firearm in con- court shall sustain the Attorney General’s (1) in subsection (b), by striking ‘‘Upon’’ nection with terrorism. determination upon a showing by the United and inserting ‘‘Except as provided in sub- ‘‘(2) The Attorney General’s action’’. States by a preponderance of evidence that section (j), upon’’; and (g) ATTORNEY GENERAL’S ABILITY TO WITH- the Attorney General’s determination satis- (2) by adding at the end the following: HOLD INFORMATION IN FIREARMS LICENSE DE- fied the requirements of section 922A or 922B, ‘‘(j) The Attorney General may deny the NIAL AND REVOCATION SUIT.— as the case may be. To make this showing, issuance of a permit or license to an appli- (1) IN GENERAL.—Section 923(f)(1) of title 18, the United States may submit, and the court cant if the Attorney General determines that United States Code, is amended by inserting may rely upon, summaries or redacted the applicant or a responsible person or em- after the first sentence the following: ‘‘How- versions of documents containing informa- ployee possessor thereof is known (or appro- ever, if the denial or revocation is pursuant tion the disclosure of which the Attorney priately suspected) to be or have been en- to subsection (d)(3) or (e)(1)(C), any informa- General has determined would likely com- gaged in conduct constituting, in prepara- tion upon which the Attorney General relied promise national security. Upon request of tion of, in aid of, or related to terrorism, or for this determination may be withheld from the petitioner or the court’s own motion, the providing material support or resources for the petitioner, if the Attorney General deter- court may review the full, undisclosed docu- terrorism, and the Attorney General has a mines that disclosure of the information ments ex parte and in camera. The court reasonable belief that the person may use ex- would likely compromise national secu- shall determine whether the summaries or plosives in connection with terrorism.’’. rity.’’. redacted versions, as the case may be, are (o) ATTORNEY GENERAL DISCRETIONARY (2) SUMMARIES.—Section 923(f)(3) of title 18, fair and accurate representations of the un- REVOCATION OF FEDERAL EXPLOSIVES LI- United States Code, is amended by inserting derlying documents. The court shall not con- CENSES AND PERMITS.—Section 843(d) of title after the third sentence the following: ‘‘With sider the full, undisclosed documents in de- 18, United States Code, is amended— respect to any information withheld from ciding whether the Attorney General’s deter- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; the aggrieved party under paragraph (1), the mination satisfies the requirements of sec- (2) by striking ‘‘if in the opinion’’ and in- United States may submit, and the court tion 922A or 922B.’’. serting the following: ‘‘if— may rely upon, summaries or redacted (2) TECHNICAL AND CONFORMING AMEND- ‘‘(A) in the opinion’’; and versions of documents containing informa- MENT.—The table of sections for chapter 44 of (3) by striking ‘‘. The Secretary’s action’’ tion the disclosure of which the Attorney title 18, United States Code, is amended by and inserting the following: ‘‘; or

VerDate Mar 15 2010 05:52 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.026 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE April 16, 2013 CONGRESSIONAL RECORD — SENATE S2695 ‘‘(B) the Attorney General determines that NOTICES OF HEARINGS mittee on Energy and Natural Re- the licensee or holder (or any responsible COMMITTEE ON ENERGY AND NATURAL sources be authorized to meet during person or employee possessor thereof) is RESOURCES the session of the Senate on April 16, known (or appropriately suspected) to be or 2013, at 10 a.m. in room SD–366 of the have been engaged in conduct constituting, Mr. WYDEN. Mr. President, I would in preparation for, in aid of, or related to like to announce for the information of Dirksen Senate Office Building. terrorism, or providing material support or the Senate and the public that a busi- The PRESIDING OFFICER. Without resources for terrorism, and that the Attor- ness meeting has been scheduled before objection, it is so ordered. ney General has a reasonable belief that the the Senate Committee on Energy and COMMITTEE ON ENERGY AND NATURAL person may use explosives in connection Natural Resources. The business meet- RESOURCES with terrorism. ing will be held on Thursday, April 18, Mr. DURBIN. Mr. President, I ask ‘‘(2) The Attorney General’s action’’. 2013, at 9:45 a.m., in room 366 of the unanimous consent that the Com- (p) ATTORNEY GENERAL’S ABILITY TO WITH- Dirksen Senate Office Building. mittee on Energy and Natural Re- HOLD INFORMATION IN EXPLOSIVES LICENSE The purpose of the business meeting sources be authorized to meet during AND PERMIT DENIAL AND REVOCATION SUITS.— is to consider the nomination of Dr. Er- the session of the Senate in order to Section 843(e) of title 18, United States Code, nest Moniz to be the Secretary of En- conduct a hearing April 16, 2013, at 2:30 is amended— p.m., in room SD–366 of the Dirksen (1) in paragraph (1), by inserting after the ergy. For further information, please con- Senate Office Building. first sentence the following: ‘‘However, if the The PRESIDING OFFICER. Without denial or revocation is based upon an Attor- tact Sam Fowler at (202) 224–7571 or ney General determination under subsection Abigail Campbell at (202) 224–4905. objection, it is so ordered. (j) or (d)(1)(B), any information which the COMMITTEE ON ENERGY AND NATURAL COMMITTEE ON FINANCE Attorney General relied on for this deter- RESOURCES Mr. DURBIN. Mr. President, I ask mination may be withheld from the peti- Mr. WYDEN. Mr. President, I would unanimous consent that the Com- tioner if the Attorney General determines like to announce for the information of mittee on Finance be authorized to that disclosure of the information would the Senate and the public that a hear- meet during the session of the Senate likely compromise national security.’’; and on April 16, 2013, at 10 a.m., in room 215 (2) in paragraph (2), by adding at the end ing has been scheduled before the Sen- the following: ‘‘In responding to any petition ate Committee on Energy and Natural of the Dirksen Senate Office Building, for review of a denial or revocation based Resources. The hearing will be held on to conduct a hearing entitled ‘‘Tax upon an Attorney General determination Thursday, April 18, 2013, at 10 a.m., in Fraud and Tax ID Theft: Moving For- under subsection (j) or (d)(1)(B), the United room SD–366 of the Dirksen Senate Of- ward with Solutions. States may submit, and the court may rely fice Building. The PRESIDING OFFICER. Without upon, summaries or redacted versions of doc- The purpose of this hearing is to re- objection, it is so ordered. uments containing information the disclo- ceive testimony on the U.S. Depart- COMMITTEE ON FOREIGN RELATIONS sure of which the Attorney General has de- Mr. DURBIN. Mr. President, I ask termined would likely compromise national ment of Energy’s budget for fiscal year security.’’. 2014. unanimous consent that the Com- Because of the limited time available mittee on Foreign Relations be author- (q) ABILITY TO WITHHOLD INFORMATION IN ized to meet during the session of the COMMUNICATIONS TO EMPLOYERS.—Section for the hearing, witnesses may testify 843(h)(2) of title 18, United States Code, is by invitation only. However, those Senate on April 16, 2013, at 9:45 a.m., to amended— wishing to submit written testimony hold an Africa Affairs subcommittee (1) in subparagraph (A), by inserting ‘‘or in for the hearing record may do so by hearing entitled, ‘‘Examining Ongoing subsection (j) of this section (on grounds of sending it to the Committee on Energy Conflict in Eastern Congo.’’ terrorism)’’ after ‘‘section 842(i)’’; and and Natural Resources, United States The PRESIDING OFFICER. Without (2) in subparagraph (B)— Senate, Washington, D.C. 20510–6150, or objection, it is so ordered. (A) in the matter preceding clause (i), by by e-mail to lauren_goldschmidt COMMITTEE ON FOREIGN RELATIONS inserting ‘‘or in subsection (j) of this sec- Mr. DURBIN. Mr. President, I ask tion,’’ after ‘‘section 842(i),’’; and @energy.senate.gov. (B) in clause (ii), by inserting ‘‘, except For further information, please con- unanimous consent that the Com- that any information that the Attorney Gen- tact Abigail Campbell at (202) 224–4905 mittee on Foreign Relations be author- eral relied on for a determination pursuant or Lauren Goldschmidt at (202) 224– ized to meet during the session of the to subsection (j) may be withheld if the At- 5488. Senate on April 16, 2013, at 2:15 p.m. torney General concludes that disclosure of f The PRESIDING OFFICER. Without the information would likely compromise objection, it is so ordered. AUTHORITY FOR COMMITTEES TO national security’’ after ‘‘determination’’. COMMITTEE ON HEALTH, EDUCATION, LABOR, (r) CONFORMING AMENDMENT TO IMMIGRA- MEET AND PENSIONS TION AND NATIONALITY ACT.—Section COMMITTEE ON ARMED SERVICES Mr. DURBIN. Mr. President, I ask 101(a)(43)(E)(ii) of the Immigration and Na- Mr. DURBIN. Mr. President, I ask unanimous consent that the Com- tionality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is unanimous consent that the committee mittee on Health, Education, Labor, amended by striking ‘‘or (5)’’ and inserting ‘‘(5), or (10)’’. on Armed Services be authorized to and Pensions be authorized to meet, meet during the session of the Senate during the session of the Senate, to (s) GUIDELINES.— (1) IN GENERAL.—The Attorney General on April 16, 2013, at 9:30 a.m. conduct a hearing entitled ‘‘The Chal- shall issue guidelines describing the cir- The PRESIDING OFFICER. Without lenge of College Affordability: The Stu- cumstances under which the Attorney Gen- objection, it is so ordered. dent Lens’’ on April 16, 2013, at 10 a.m., eral will exercise the authority and make de- COMMITTEE ON COMMERCE, SCIENCE, AND in room 430 of the Dirksen Senate Of- terminations under subsections (d)(1)(B) and TRANSPORTATION fice Building. (j) of section 843 and sections 922A and 922B Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without of title 18, United States Code, as amended unanimous consent that the Com- objection, it is so ordered. by this title. mittee on Commerce, Science, and SELECT COMMITTEE ON INTELLIGENCE (2) CONTENTS.—The guidelines issued under paragraph (1) shall— Transportation be authorized to meet Mr. DURBIN. Mr. President, I ask (A) provide accountability and a basis for during the session of the Senate on unanimous consent that the Select monitoring to ensure that the intended goals April 16, 2013, at 2:30 p.m. in room 253 of Committee on Intelligence be author- for, and expected results of, the grant of au- the Russell Senate Office Building. The ized to meet during the session of the thority under subsections (d)(1)(B) and (j) of Committee will hold a hearing enti- Senate on April 16, 2013, at 2:30 p.m. section 843 and sections 922A and 922B of title tled, ‘‘Aviation Safety: FAA’s Progress The PRESIDING OFFICER. Without 18, United States Code, as amended by this on Key Safety Initiatives.’’ objection, it is so ordered. title, are being achieved; and The PRESIDING OFFICER. Without SUBCOMMITTEE ON ANTITRUST, COMPETITION (B) ensure that terrorist watch list records objection, it is so ordered. POLICY, AND CONSUMER RIGHTS are used in a manner that safeguards privacy and civil liberties protections, in accordance COMMITTEE ON ENERGY AND NATURAL Mr. DURBIN. Mr. President, I ask with requirements outlines in Homeland Se- RESOURCES unanimous consent that the Com- curity Presidential Directive 11 (dated Au- Mr. DURBIN. Mr. President, I ask for mittee on the Judiciary, Sub- gust 27, 2004). unanimous consent that the Com- committee on Antitrust, Competition

VerDate Mar 15 2010 06:27 Apr 17, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A16AP6.026 S16APPT1 jbell on DSK7SPTVN1PROD with SENATE S2696 CONGRESSIONAL RECORD — SENATE April 16, 2013 Policy, and Consumer Rights, be au- The bill clerk read as follows: the Presiding Officer, Mr. DURBIN, Mr. thorized to meet during the session of A resolution (S. Res. 100) commending and GRAHAM, Mr. MENENDEZ, Mr. RUBIO, the Senate, on April 16, 2013, at 2:30 congratulating the University of Louisville Mr. BENNET and Mr. FLAKE, we are in- p.m., in room SD–226 of the Dirksen men’s basketball for winning its third Divi- troducing comprehensive immigration Senate Office Building, to conduct a sion I National Collegiate Athletic Associa- reform. Bottom line, a lot of work went hearing entitled ‘‘Oversight of the En- tion championship, and the University of into this bill, and I want to thank all forcement of the Antitrust Laws.’’ Louisville women’s basketball team for of the staffs who have been up until being runner up in the 2013 Women’s Division The PRESIDING OFFICER. Without I National Collegiate Athletic Association now allowing us to introduce this bill objection, it is so ordered. Basketball Tournament. as we promised in this legislative day. SUBCOMMITTEE ON WATER AND POWER There being no objection, the Senate We are undergirded by the fact that Mr. DURBIN. Mr. President, I would proceeded to consider the resolution. Americans will be fair, balanced, and ask for unanimous consent that the Mr. REID. I ask unanimous consent filled with common sense for legal im- Subcommittee on Water and Power of the resolution be agreed to, the pre- migrants and the 11 million here living the Committee on Energy and Natural amble be agreed to, and the motions to in the shadows, as long as they believe Resources be authorized to meet during reconsider be laid upon the table, with we will not have future waves of illegal the session of the Senate on April 16, no intervening action or debate. immigration. I believe our bill meets 2013, at 2:30 p.m., in room SD–366 of the The PRESIDING OFFICER. Without that test. Dirksen Senate Office Building. objection, it is so ordered. So I would like to thank everybody, The PRESIDING OFFICER. Without The resolution (S. Res. 100) was including the great floor staff who objection, it is so ordered. agreed to. waited very late tonight. I would like f The preamble was agreed to. to thank my friend, colleague, and roommate, Senator DURBIN, for staying PUBLIC SERVICE RECOGNITION (The resolution, with its preamble, is up this late, and Leon Fresco, Steph- WEEK printed in today’s RECORD under ‘‘Sub- mitted Resolutions.’’) anie Martz and all of our staffs who Mr. REID. Mr. President, I ask unan- worked so hard on this great legisla- imous consent the Senate proceed to S. f tion whose voyage begins now. Res. 99, which was submitted earlier MEASURE READ THE FIRST f today. TIME—S. 743 The PRESIDING OFFICER. ORDERS FOR WEDNESDAY, APRIL The clerk will report the resolution Mr. REID. Mr. President, I under- 17, 2013 by title. stand that S. 743, introduced earlier The bill clerk read as follows: today by Senator ENZI, is at the desk, Mr. SCHUMER. Mr. President, I ask A resolution (S. Res. 99) expressing the and I ask for its first reading. unanimous consent that when the Sen- sense of the Senate that public servants The PRESIDING OFFICER. The ate completes its business today, it ad- should be commended for their dedication clerk will read the title of the bill for journ until 9:30 a.m. on Wednesday, and continued service to the United States the first time. April 17, 2013; that following the prayer during Public Service Recognition Week. The bill clerk read as follows: and pledge, the morning hour be There being no objection, the Senate A bill (S. 743) to restore States’ sovereign deemed expired, the Journal of pro- proceeded to consider the resolution. rights to enforce State and local sales and ceedings be approved to date, the time Mr. REID. I ask unanimous consent use tax laws, and for other purposes. for the two leaders be reserved for their the resolution be agreed to, the pre- Mr. REID. I now ask for its second use later in the day; and that following amble be agreed to, and the motions to reading and object to my own request. any leader remarks the Senate resume reconsider be laid upon the table, with The PRESIDING OFFICER. Objec- consideration of S. 649, the gun safety no intervening action or debate. tion having been heard, the bill will be legislation, under the previous order. The PRESIDING OFFICER. Without read for the second time on the next The PRESIDING OFFICER. Without objection, it is so ordered. legislative day. objection, it is so ordered. The resolution (S. Res. 99) was agreed f to. f The preamble was agreed to. RECESS PROGRAM (The resolution, with its preamble, is Mr. SCHUMER. There will be a series printed in today’s RECORD under ‘‘Sub- Mr. REID. I ask unanimous consent of up to 9 rollcall votes tomorrow mitted Resolutions.’’) that the Senate recess subject to the call of the Chair. around 4 p.m. in relation to amend- f Thereupon, the Senate, at 8:04 p.m., ments to the gun safety bill. COMMENDING AND CONGRATU- recessed subject to the call of the Chair f LATING UNIVERSITY OF LOUIS- and reassembled at 2:04 a.m. when VILLE MEN AND WOMEN’S BAS- called to order by the Presiding Officer ADJOURNMENT UNTIL 9:30 A.M. KETBALL TEAMS (Mr. DURBIN). TOMORROW Mr. REID. Mr. President, I ask unan- f Mr. SCHUMER. If there is no further imous consent the Senate proceed to business to come before the Senate, I the consideration of S. Res. 100, which COMPREHENSIVE IMMIGRATION ask unanimous consent that it adjourn was submitted earlier today. REFORM under the previous order. The PRESIDING OFFICER. The Mr. SCHUMER. Mr. President, first There being no objection, the Senate, clerk will report the resolution by before I get into the substance here to- at 2:06 a.m., adjourned until Wednes- title. night, on behalf of myself, Mr. MCCAIN, day, April 17, 2013, at 9:30 a.m.

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