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

Vol. 159 WASHINGTON, THURSDAY, MARCH 7, 2013 No. 33 Senate The Senate met at 10 a.m. and was ator from the State of Hawaii, to perform get back to regular order, they say, we called to order by the Honorable BRIAN the duties of the Chair. could function again. Yesterday, we SCHATZ, a Senator from the State of PATRICK J. LEAHY, saw both sides of that. Hawaii. President pro tempore. On the one hand, my Republican col- Mr. SCHATZ thereupon assumed the leagues did practice regular order. On PRAYER chair as Acting President pro tempore. the other, they didn’t. Let’s take the The Chaplain, Dr. Barry C. Black, of- f one they didn’t. fered the following prayer: They demanded a 60-vote threshold RECOGNITION OF THE MAJORITY for confirmation of a very qualified Let us pray. LEADER God, our fortress, we live under Your nominee, Caitlin Halligan, to be United protection. Keep America safe from the The ACTING PRESIDENT pro tem- States Court of Appeals Judge for the forces of evil that come against it. pore. The majority leader is recog- DC Circuit. Republicans once again hid behind a cloture vote—filibuster, by Lead our Senators away from the trap nized. another term—to prevent a simple up- of trusting only in their resources so f or-down vote on this important nomi- that they will never forget that noth- SCHEDULE nation. They took the easy way out. ing truly succeeds without You. You do On the other hand, one Republican great things, O Lord. Your thoughts Mr. REID. Mr. President, following leader remarks, the Senate will resume Senator did return to regular order. As are too deep for us to comprehend is his right, he spoke for as long as he without the gift of Your discernment. executive session to consider the nomi- nation of John Brennan to be the Di- was able to speak. And that is a fili- Give Your spirit’s discernment to our buster. After 12 hours standing and lawmakers. Show them Your ways and rector of the Central Intelligence talking, this is how Senator PAUL teach them Your paths. Be their Agency. I ask unanimous consent that the time until 12:30 and the time from ended his filibuster: strength and shield this day and al- I would go for another 12 hours to try to ways. 2:00 until 3:00 be equally divided in the usual form, and that I be recognized at break Strom Thurmond’s record, but I’ve We pray in Your sacred Name. Amen. discovered there are some limits to filibus- 3 p.m. tering and I’m going to have to take care of f The ACTING PRESIDENT pro tem- one of those in a few minutes here. pore. Without objection, it is so or- PLEDGE OF ALLEGIANCE Well, I have been involved in a few dered. filibusters, as RAND PAUL was yester- The Honorable BRIAN SCHATZ led the Mr. REID. Mr. President, the Senate day, and what I have learned from my Pledge of Allegiance, as follows: will recess from 12:30 until 2 p.m. experiences with talking filibusters is I pledge allegiance to the Flag of the today. Both the majority and minority this: To succeed, you need strong con- United States of America, and to the Repub- have caucus meetings. Cloture was victions but also a strong bladder. It is lic for which it stands, one nation under God, filed on the nomination this morning. obvious Senator PAUL has both. indivisible, with liberty and justice for all. If no agreement is reached, we are We should all reflect on what hap- going to vote Saturday morning. I hope f pened yesterday as we proceed with we can arrive at an earlier vote, but ev- other nominations, including a lot of APPOINTMENT OF ACTING eryone should note we have sent direc- judicial nominations. This can be a PRESIDENT PRO TEMPORE tives to all of the Senators on this side Senate where ideas are debated in full indicating we may need a vote on Sat- public view and obstruction happens in The PRESIDING OFFICER. The urday. We need to do this because we clerk will please read a communication full public view as well or it can be a have to be on the continuing resolution Senate where a couple Senators ob- to the Senate from the President pro on Monday, and we have to finish that tempore (Mr. LEAHY). struct from behind closed doors with- next week because the next week is the out ever coming to the Senate floor. The bill clerk read the following let- budget and we have to do that before f ter: the break we take for Easter. U.S. SENATE, BLOODY SUNDAY f PRESIDENT PRO TEMPORE, Mr. REID. Mr. President, forty-eight Washington, DC, March 7, 2013. REGULAR ORDER To the Senate: years ago today, a young man by the Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, my Repub- name of JOHN LEWIS set out on a march of the Standing Rules of the Senate, I hereby lican colleagues love to extol the vir- across Alabama, from Selma to Mont- appoint the Honorable BRIAN SCHATZ, a Sen- tues of regular order. If only we could gomery. By his side were a few hundred

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

S1239

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VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.000 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1240 CONGRESSIONAL RECORD — SENATE March 7, 2013 freedom-loving men and women calling waited hours to cast a ballot in 2012 Second, in reviewing Mr. Brennan’s for an end to discrimination violence knows that is not true. A 102-year-old nomination, Senator PAUL has asked a against African Americans. woman waited 8 hours to vote. And series of questions of the executive Today, JOHN LEWIS is a distinguished anyone who has watched the State leg- branch. Senator PAUL has a right to member of the U.S. House of Rep- islature pass laws designed to intimi- ask questions of the administration, resentatives, but back then when he date eligible voters and keep the poor, and the administration has a responsi- was a young civil rights leader, he was minorities, and the elderly from the bility to answer in keeping with the determined to fight injustice and force polls knows the fight for freedom is not rules established for oversight of intel- the United States to live up to its over. ligence activities and for protecting founding principle that all people are America has made great strides to sensitive information. created equal. eradicate racism, thanks to legends The specific question, however, is not I had the good fortune to go—not this such as JOHN LEWIS. But, together, we an intelligence-related question but a year but a year or two ago—down to must guard that progress with vigi- straightforward legal question: Does Selma and participate in this reenact- lance, keeping in mind the sacrifices the President have the authority to ment. JOHN LEWIS was there, as I saw made by so many 48 years ago today. order the use of lethal force against a on TV a few days ago. It was a cold day f U.S. citizen who is not a combatant on when I went there, and you saw them U.S. soil without due process of law? RECOGNITION OF THE MINORITY To his credit, John Brennan directly all bundled a few days ago. And on the LEADER day of the march, you see the TV pic- answered the question motivating Sen- ator PAUL’s filibuster: The Central In- tures of JOHN LEWIS with a long coat, The ACTING PRESIDENT pro tem- telligence Agency does not conduct le- and he had a backpack. I asked him pore. The Republican leader is recog- thal operations inside the United what was in the backpack. He said, I nized. States, nor does it have the authority thought I would be arrested and I f to do so. What is befuddling is why the would be put in jail. I had in that back- BRENNAN NOMINATION Attorney General has not directly and pack an apple and a book I was read- Mr. MCCONNELL. Mr. President, yes- clearly answered the question. ing. terday the junior the Senator from The U.S. military no more has the After being viciously beaten, JOHN Kentucky took to the Senate floor to right to kill a U.S. citizen on U.S. soil LEWIS doesn’t know what happened to exercise his rights as an individual who is not a combatant with an armed his apple, his book, or his backpack. Senator in pursuit of an answer from unmanned aerial vehicle than it does But what a legend he has become. He the Attorney General concerning the with an M–16. The technology is beside wasn’t arrested that day. Instead, JOHN rights of U.S. citizens. the point. It simply doesn’t have that and the peaceful protesters by his side The filibuster was extended, heart- right, and the administration should were met a few blocks into their march felt, and important, and I wish to say a simply answer the question. There is by State troopers with dogs, fire hoses, few words in reaction to that effort no reason we cannot get this question and clubs, and they used every one of and, as well, on the nomination of John answered today. And we should get the them against these marchers. Many of Brennan to be Director of the Central question answered today. Frankly, it the marchers, including JOHN LEWIS, Intelligence Agency. should have been answered a long time were viciously beaten. The question he raised was entirely ago. The terrible violence of that day, appropriate and should have already Last, during Senator PAUL’s fili- known as Bloody Sunday, was broad- been answered by the Obama adminis- buster, I noted that I cannot support cast across the country. For the first tration. John Brennan’s confirmation. During time the bloody reality of the struggle First, I wish to state for the RECORD January of 2009, the President issued a for equal rights was beamed into Amer- and to correct any misimpression that series of Executive orders which, in my ica’s living rooms. Bloody Sunday yesterday’s long debate was a criticism judgment, weakened the ability of our marked the turning point in the civil of the Senate’s oversight of our Na- intelligence community to find, cap- rights movement as Americans cried tion’s intelligence activities. In fact, ture, detain, and interrogate terrorists. out against the injustice and bloodshed the Senate Select Committee on Intel- As President Obama’s senior adviser on they saw on the television screens. ligence is responsible for conducting counterterrorism, Mr. Brennan has Later that month protesters finally vigorous oversight of our Nation’s in- been a fierce defender of the adminis- completed that march from Selma to telligence activities, and I want to tration’s approach to counterterrorism Montgomery, and more than 25,000 pa- make clear that they were not the sub- as articulated by the Executive orders triots converged on the Alabama State ject of last night’s debate. The mem- I just referred to. He has been a loyal, Capitol Building. From the steps of the bers of that committee conduct that dogged defender of the administra- Alabama capitol, Dr. Martin Luther oversight in a professional, responsible tion’s policies, policies with which I se- King spoke of the power of peaceful re- manner, and selflessly serve the rest of riously disagree. My greatest concern sistance. This is what he said: the Senate in that capacity. is that the Director of Central Intel- Selma, Alabama, became a shining mo- Let me assure the Senate, the activi- ligence must be entirely independent of ment in the conscience of man. If the worst ties of the intelligence community are partisan politics in developing objec- in American life lurked in its dark street, closely monitored and overseen by the tive analysis and advice that he gives the best of American instincts arose passion- Intelligence Committee, to include all to the President. After 4 years of work- ately from across the nation to overcome it. counterterrorism activities. ing within the White House, con- Six months later President Johnson Most recently, the committee has fronting difficult policy matters on a signed the Voting Rights Act of 1965, conducted a serious and much-needed daily basis, and having attempted to and that is where Senator Thurmond, inquiry into the terrorist attack on the defend the administration’s policies— whom I had the good fortune of serving temporary mission facility in sometimes publicly, sometimes to the with here, took to the floor and gave Benghazi, Libya, and has conducted a media, and occasionally to the Sen- that speech for 24 hours. thorough review of John Brennan’s ate—I question whether Mr. Brennan I may disagree with Strom Thur- nomination to be Director of the Cen- can detach himself from those experi- mond, but he had a right to talk. RAND tral Intelligence Agency. Thanks to ences. PAUL had a right to talk. the leadership of Chairman FEINSTEIN For that reason I will oppose his The Supreme Court last week consid- and Vice Chairman CHAMBLISS, the nomination. ered striking sections of the law bar- committee has made significant I yield the floor. ring areas with a history of discrimina- progress in reviewing Mr. Brennan’s f tion from changing voting practices record, the intelligence related to the without Federal approval. That is what terrorist threat in Libya, and in re- RESERVATION OF LEADER TIME the Voting Rights Act was all about. viewing the administration’s legal The ACTING PRESIDENT pro tem- Critics say those protections are no opinions concerning some overseas ac- pore. Under the previous order the longer necessary. But anyone who tivities. leadership time is reserved.

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.002 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1241 EXECUTIVE SESSION day about the weather. Everybody ex- ment, and we continue to pile massive pected we were going to have the bliz- amounts of debt on the backs of our zard of 2013, and it never materialized. children and grandchildren. NOMINATION OF JOHN OWEN All of the predictions with regard to While the President has been seeking BRENNAN TO BE DIRECTOR OF doom and gloom relating to sequester to cause alarm and cast blame with re- THE CENTRAL INTELLIGENCE have also not amounted to very much. gard to the sequester, one must ques- AGENCY The American people have picked up tion the economic arguments he is The ACTING PRESIDENT pro tem- on that. I think most of them agree, if making. The President and his allies in pore. Under the previous order, the you look at public opinion polls, that Congress claim he inherited a bad Senate will proceed to executive ses- Washington does need to tighten its economy and increased spending is nec- sion and resume consideration of the belt. Washington does need to reduce essary to stimulate economic growth. following nomination, which the clerk its spending. Washington needs to less- President Obama’s agenda, since he has will report. en the appetite it has to take more of been in office, has been to spend more, The bill clerk read the nomination of the American taxpayers’ money and tax more, and regulate more. John Owen Brennan, of Virginia, to be spend it on what most taxpayers view As I mentioned earlier, over $1.7 tril- Director of the Central Intelligence to be not really necessary. lion in new taxes has been imposed to Agency. When you talk about a 2.4-percent re- be signed into law since he took office. Mr. MCCONNELL. Mr. President, I duction in overall Federal spending, The most recent of that, the fiscal cliff, suggest the absence of a quorum. most Americans, when they evaluate was $620 billion on January 1. If you The ACTING PRESIDENT pro tem- their own financial situations, come to add up the tax increases in ObamaCare, pore. The clerk will call the roll. the conclusion most of them probably there is over $1 trillion there. If you The bill clerk proceeded to call the could absorb, if they had to, a 2.4-per- look at the $518 billion in new regula- roll. cent reduction in their own spending. tions which have been approved since Mr. THUNE. Madam President, I ask They would look at their budgets in the President took office, you may see unanimous consent that the order for very realistic ways. They would scruti- we put an enormous amount of cost, the quorum call be rescinded. nize and examine where they could find burden, new requirements, mandates, The PRESIDING OFFICER. Without spending which is low priority, things and harm to the economy and the objection, it is so ordered. they could live without. What we have small businesses which create jobs: $1.7 Mr. THUNE. Mr. President, I ask seen here in Washington from the ad- trillion in new taxes, the $518 billion in unanimous consent that I be allowed to ministration is various heads of agen- new regulations. speak as in morning business for up to cies and departments going out and What has been the impact of those 12 minutes. trying to identify the biggest, most policies? It is pretty clear average eco- The PRESIDING OFFICER. Without high-profile thing for dramatic effect nomic growth under this President has objection, it is so ordered. in an attempt to scare and frighten the averaged eight-tenths of 1 percent, .8 ECONOMIC GROWTH American people. percent of the overall share of the Mr. THUNE. Mr. President, I come to The American people recognize, and economy, GDP. This is less than 1 per- the floor to speak about spending and hopefully the administration has come cent economic growth, on average, in its impact on economic growth. I think to the conclusion as well, a 2.4-percent the 4 years this President has been in it is important Washington closely reduction in overall Federal spending office. considers the true impact Federal is something we need to absorb here in To put it in perspective, if you look spending and our soaring national debt Washington, DC, and demonstrate to at past Presidents when we have had are having on economic growth. the American people we are serious economic downturns and recessions, Over the past few weeks, the White about getting Washington’s fiscal President Reagan inherited a bad econ- House and the President have been out house in order. omy too. When he came to office, we campaigning across the country and I have long maintained the sequester were faced with a series of real eco- making statements aimed at causing is not the best way to rein in Federal nomic circumstances: high inflation, fear and anxiety about the sequester. spending. There is a better way to do high interest rates, and weak growth. The White House has painted the se- so. The reductions called for in the se- President Reagan put in place poli- quester—which, keep in mind, amounts quester disproportionately impact cer- cies which were progrowth. He enacted to just 2.4 percent of all Federal spend- tain areas of the budget. We all know progrowth tax reform, fewer regula- ing—as something which would lead to about the impact on the national secu- tions. The economy grew nearly three an economic disaster in this country. rity budget, which represents only 20 times as fast as it has under President The White House attempts to cause percent of Federal spending but gets 50 Obama’s watch. fear and anxiety have fallen flat. What percent of the cuts in the sequester. The point, very simply, is if you put is more, many of the claims which were I would have preferred a different ap- the right policies in place, if you make made were simply false. In fact, the proach. Given the refusal of President it less difficult and less expensive for critics agree. Obama and Senate Democrats to come our small businesses and our job cre- Bill Keller wrote in the New York to the table and find alternative sav- ators to create more jobs, there are Times: ‘‘The White House spent last ings, the sequester has gone into effect. more jobs and economic growth. If you week in full campaign hysteria.’’ The President and most Senate Demo- make it more difficult, more expensive, The Washington Post issued four crats wanted to see an increase in and harder for our small businesses and Pinocchios with regard to false claims taxes, something many of us believe our job creators to create jobs, there made by Education Secretary Arne would be very harmful to the economy. are fewer jobs, less economic growth, Duncan about the sequester’s impact If you look at what the President has and lower take-home pay for American on teachers’ jobs. already received in terms of tax in- families and workers. The National Journal states: ‘‘The creases since he has been in office, it If the Obama recovery was as strong White House’s strategy to exaggerate amounts to about $1.7 trillion. as Reagan’s, our economy would be $1.5 the immediate impact of the cuts has If you look at the last 4 years and all trillion larger today, meaning more backfired.’’ the promises which were made about jobs and more opportunity for Ameri- In Politico: ‘‘For all the hype, spin additional spending, stimulus spending, cans. This is assuming if you were get- and blame exchanged over the across- $1 trillion in additional stimulus spend- ting a comparable level of growth in the-board cuts, the reality is they ing back when the President first took the economy. The fact is President don’t mean the sudden economic col- office, how that would impact the econ- Obama’s spending, tax, and regulatory lapse of America.’’ omy, we were told it would take unem- policies are hamstringing economic re- It is important to see the sequester ployment down below 6 percent. We all covery, jobs, and opportunity. in its overall context. All the hype as- know what has happened. We continue Yesterday the Federal Reserve re- sociated with this could be analogous, I to experience sluggish, slow, anemic leased the latest edition of its so-called suppose, to all the hype we had yester- growth with chronic high unemploy- beige book or more formally known as

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.003 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1242 CONGRESSIONAL RECORD — SENATE March 7, 2013 the Summary of Commentary on Cur- ment Program for Legacy Assets) to buy not hypothetical, spending cuts per dollar of rent Economic Conditions. The beige toxic assets from the banks to speed lending tax hikes. The fiscal-cliff deal reached on book stated the 2010 health care law is generated just 3% of the $1 trillion that the Jan. 1 instead was scored at $1 of spending being cited as a reason for layoffs and program planners anticipated. cuts for every $40 of tax hikes. And now? Mr. Obama proposes universal Keynesian economists urge a delay on a slowdown in hiring. preschool ($25 billion per year), ‘‘Fix it spending cuts on the grounds that they will This report, which examines eco- First’’ repairs to roads and bridges, plus an hurt the struggling economy. Yet at just nomic conditions across various Fed- infrastructure bank ($50 billion), ‘‘Project one-quarter of 1% of GDP this year, $43 bil- eral Reserve districts throughout the Rebuild,’’ refurbishing private properties in lion of this year’s sequester cuts in an econ- country, stated: ‘‘Employers in several cities ($15 billion), endless green-energy sub- omy with a GDP of more than $16 trillion is districts cited the unknown effects of sidies, and a big hike in the minimum wage. unlikely to be a major macroeconomic The president and Senate Democrats also de- the Affordable Care Act as reasons for event. mand that half the spending cuts under se- Continued delay now leaves a long boom as planned layoffs and reluctance to hire questration be replaced with higher taxes. the only time to control spending. There was more staff.’’ These proposals are ill-considered. The evi- some success in doing this in the mid-1990s It is clear President Obama’s policies dence sadly suggests the initial improve- under President Clinton and a Republican are the real threat to our economy, not ment in children’s cognitive skills from Congress. More commonly the opposite oc- the sequester. A 2.4-percent across-the- ‘‘Head Start’’ quickly evaporates. Higher curs: A boom brings a surge in tax revenues board reduction in Federal spending minimum wages increase unemployment and politicians are anxious to spread the among low-skilled workers. A dozen recent spending far and wide. here in Washington, DC, clearly—if you studies in peer-reviewed journals, including look at the rate of growth we have seen In any case, the demand by Mr. Obama and one by the president’s former chief economic Senate Democrats that any dollar of spend- in spending since the President took adviser Christina Romer, document the neg- ing cuts in budget agreements this spring (to office of over 20 percent in 2009, in the ative effects of higher taxes on the economy. fund the government for the rest of the fiscal As for adventures in industrial policy, overall scheme of things, is something year and when the debt limit again ap- former Obama economic adviser Larry Sum- which is very reasonable. The Amer- proaches) be matched by an additional dollar mers wrote a memo in 2009 about the im- of tax hikes is economically unbalanced in ican people see this as reasonable over- pending $527 million loan guarantee to the extreme. Those who are attempting to all. Solyndra and other recipients of government gradually slow the growth of federal spend- On the contrary, if you look at poli- largess. ‘‘The government is a crappy v.c. ing while minimizing tax hikes have sound cies the President has put in place, [venture capitalist],’’ he wrote, in what is economics on their side. whether this is more stimulus spend- also the best postmortem. In 2010, Harvard ing, growing government, higher taxes, economist Edward Glaeser concluded in the Mr. THUNE. To wrap up and put this more regulations, we are getting a very New York Times that infrastructure is poor into perspective, Federal spending has different picture of what those policies stimulus because ‘‘It is impossible to spend increased nearly 20 percent since 2009. quickly and wisely.’’ Federal infrastructure look like in terms of the impact on our Sequestration, the across-the-board spending should be dealt with in regular ap- spending reductions which will occur economy. We have seen negative im- propriations. pacts, high-level spending, and high an- Will more spending today stimulate the under the sequester, amount to a re- nual deficits during the President’s economy? Standard Keynesian models that duction of 2.4 percent out of a $3.5 tril- first term. As a consequence of these claim a quick boost from higher government lion budget. Even with the sequester, statistics, there is slower economic spending show the effect quickly turns nega- the government will spend more this tive. So the spending needs to be repeated year than it did last year. growth. over and over, like a drug, to keep this hypo- I ask unanimous consent to have I would hope the President would thetical positive effect going. Japan tried begin to be honest with the American printed in the RECORD an opinion piece that to little effect, starting in the 1990s. It by Michael Boskin, which he wrote ear- now has the highest debt-to-GDP ratio people about the impact of his tax lier in the week. In this article Mr. among the countries of the Organization for hikes, his spending, and new regula- Boskin makes the case that spending Economic Cooperation and Development— tions are having on our Nation’s eco- cuts will actually help the economy: and that debt is a prime cause, as well as ef- nomic growth and recovery; more im- ‘‘Standard Keynsian models that claim fect, of Japan’s enduring stagnation. portant, coming to the conclusion and The United States is heading in this wrong being honest with the American people a quick boost from higher government direction. Even if the $110 billion in annual spending showed the effect quickly sequestration cuts are allowed to take place, about that, change his policies; actu- turns negative. So the spending needs the Congressional Budget Office projects ally come to a conclusion based on to be repeated over and over, like a that annual federal spending will increase by what we have seen, 4 years of his poli- drug, to keep the hypothetical positive $2.4 trillion to $5.9 trillion in a decade. The cies, which is slow growth, and a .8 per- effect going.’’ higher debt implied by this spending will cent economic growth on average for Mr. Boskin points to an academic eventually crowd out investment, as hold- the past 4 years. There is also, as I said ings of government debt replace capital in before, high unemployment, chronic study which found returning spending private portfolios. Lower tangible capital to pre-crisis, pre-Obama levels—about formation means lower real wages in the fu- unemployment—which is still around a 3-percent reduction in spending as a ture. that 8-percent level—and massive percentage of our entire GDP—would Since World War II, OECD countries that amounts of new debt we are piling on increase short-term economic growth stabilized their budgets without recession the backs of future generations. because expectations of lower future averaged $5–$6 of actual spending cuts per Not only do we need the President, in dollar of tax hikes. Examples include the taxes and debt lead to higher incomes, terms of his rhetoric, to be honest with Netherlands in the mid-1990s and Sweden in the American people, we need him to more private spending, and investment. the mid-2000s. In a paper last year for the [From the Wall Street Journal, Mar. 4, 2013] Stanford Institute for Economic Policy Re- change his policies and take an honest look at the relationship between spend- LARGER SPENDING CUTS WOULD HELP THE search, Stanford’s John Cogan and John ECONOMY Taylor, with Volker Wieland and Maik ing and economic growth. This shows Wolters of Frankfurt, Germany’s Goethe the sequester will not have long-term (By Michael J. Boskin) University, show that a reduction in federal negative impacts on the economy. We President Obama’s most recent prescrip- spending over several years amounting to 3% tion for economic growth—more government need to put the Federal Government on of GDP—bringing noninterest spending down a stable fiscal path in order to create stimulus spending, new social programs, to pre-financial-crisis levels—will increase higher taxes on upper-income earners, sub- short-term GDP. the kind of economic certainty needed sidies for some industries and increased reg- Why? Because expectations of lower future in this country to grow the economy ulation for all of them—is likely to have the taxes and debt, and therefore higher in- and create jobs. same anemic results as in his first adminis- comes, increase private spending. The U.S. Less spending by Washington, DC, ac- tration. reduced spending as a share of GDP by 5% tually will lead to greater economic Recall: The $825 billion stimulus program from the mid-1980s to mid-1990s. Canada re- growth, a private economy, more jobs did little economic good at a cost of hun- duced its spending as share of GDP by 8% in for the American people, and higher dreds of thousands of dollars per job, even the mid-’90s and 2000s. In both cases, the re- based on the administration’s own inflated ductions reinforced a period of strong take-home pay. job estimates. Cash for Clunkers cost $3 bil- growth. I yield the floor. lion merely to shift car sales forward a few An economically ‘‘balanced’’ deficit-reduc- The ACTING PRESIDENT pro tem- months. The PPIP (Public-Private Invest- tion program today would mean $5 of actual, pore. The Senator from Arizona.

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.005 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1243 Mr. MCCAIN. Mr. President, I ask The country needs more Senators who care probably more legislation to make sure unanimous consent to address the Sen- about liberty, but if Mr. Paul wants to be America does protect the rights of all ate as if in morning business and ask taken seriously, he needs to do more than our citizens and to make sure, at the pull political stunts that fire up impression- to be joined in colloquy with the Sen- able libertarian kids in their college dorms. same time, if someone is an enemy ator from South Carolina, Senator He needs to know what he’s talking about. combatant, that enemy combatant has GRAHAM. I watched some of that ‘‘debate’’ yes- nowhere to hide—not in a cafe, not The ACTING PRESIDENT pro tem- terday. I saw colleagues of mine who anywhere. But to say that somehow, pore. Without objection, it is so or- know better come to the floor and even though we try to take that per- dered. voice this same concern, which is to- son, that we would hit them in a cafe THE DRONE PROGRAM tally unfounded. I must say that the with a Hellfire missile—well, first of Mr. MCCAIN. Mr. President, I wish to use of Jane Fonda’s name does evoke all, there are no drones with Hellfire quote from this morning’s editorial in certain memories with me, and I must missiles anywhere near. They are over the Wall Street Journal entitled ‘‘Rand say she is not my favorite American, in places such as Yemen and Afghani- Paul’s Drone Rant.’’ I wish to read for but I also believe that as odious as it stan and other places around the world. We have done a disservice to a lot of the edification of my colleagues the was, Ms. Fonda acted within her con- Americans by making them believe editorial which was in the Wall Street stitutional rights. To somehow say that somehow they are in danger from Journal, a credible media outlet, this that someone who disagrees with their government. They are not. But morning. American policy, and even may dem- we are in danger—we are in danger— The Wall Street Journal reads: onstrate against it, is somehow a mem- from a dedicated, longstanding, easily Give Rand Paul credit for theatrical tim- ber of an organization which makes replaceable leadership enemy that is ing. As the storm descended on Washington, that individual an enemy combatant is the Kentucky Republican’s old-fashioned fil- hellbent on our destruction, and this ibuster Wednesday filled the attention void simply false. It is simply false. I believe we need to visit this whole leads us to having to do things perhaps on Twitter and cable TV. If only his rea- we haven’t had to do in other more soning matched the showmanship. issue of the use of drones—who uses them, whether the CIA should become conventional wars. Shortly before noon, Senator Paul began I don’t believe Anwar al-Awlaki talking filibuster against John Brennan’s their own Air Force, what the over- should have been protected anywhere nomination to lead the CIA. The tactic is sight is. The legal and political founda- in the world, but that doesn’t mean rarely used in the Senate and was last seen tion for this kind of conflict needs to they are going to take him out with a in 2010. But Senator Paul said an ‘‘alarm’’ be reviewed. had to be sounded about the threat to Ameri- Relating to this, let me quote from Hellfire missile. It means we are going cans from their own government. He prom- to use our best intelligence to appre- ised to speak ‘‘until the President says, no, an article by Jack Goldsmith that was in the Washington Post on February 5, hend and debrief these people so we can he will not kill you at a cafe.’’ He meant by gain the necessary intelligence to a military drone. He’s apparently serious, 2013, entitled: ‘‘U.S. needs a rulebook for secret warfare.’’ bring them all to justice. though his argument isn’t. All I can say is, I don’t think what Senator Paul had written the White House The legal foundation rests mostly on laws happened yesterday is helpful for the to inquire about the possibility of a drone designed for another task that government strike against a U.S. citizen on American lawyers have interpreted, without public American people. We need a discussion, soil. Attorney General Eric Holder replied scrutiny, to meet new challenges. Outside as I said, about exactly how we are that the U.S. hasn’t and ‘‘has no intention’’ the surveillance context, Congress as a body going to address this new form of al- to bomb any specific territory. Drones are has not debated or approved the means or most interminable warfare, which is limited to the remotest area of conflict ends of secret warfare. Because secret sur- very different from anything we have zones like Pakistan and Yemen. But as a hy- veillance and targeted strikes, rather than ever faced in the past, but somehow to pothetical constitutional matter, Mr. Holder U.S. military detention, are central to the allege the United States of America, acknowledged the President can authorize new warfare, there are no viable plaintiffs to our government, would drop a drone the use of lethal military force within U.S. test the government’s authorities in court. territory. In short, executive-branch decisions since Hellfire missile on Jane Fonda, that This shocked Senator Paul, who invoked 2001 have led the Nation to a new type of war brings the conversation from a serious the Constitution and Miranda rights. Under against new enemies on a new battlefield discussion about U.S. policy to the current U.S. policy, Mr. Paul mused on the without enough focused national debate, de- realm of the ridiculous. floor, Jane Fonda could have been legally liberate congressional approval or real judi- I would also like to add an additional killed by a Hellfire missile during her tour of cial review. note. About 42 percent, as I am told, of Communist Hanoi in 1972. A group of non- What the government needs is a new the Members of this Senate are here for combatants sitting in public view in Houston framework statute—akin to the National Se- 6 years or less. Every time a majority may soon be pulverized, he declared. curity Act of 1947, or the series of intel- Calm down, Senator. Mr. Holder is right, ligence reforms made after Watergate, or party is in power, they become frus- even if he doesn’t explain the law very well. even the 2001 authorization of force—to de- trated with the exercise of the minor- The U.S. Government cannot randomly tar- fine the scope of the new war, the authorities ity and their rights in the Senate. get American citizens on U.S. soil or any- and limitations on presidential power, and Back some years ago, when the Repub- where else. forms of review of the President’s actions. licans—this side of aisle—were in the I repeat that: The U.S. Government I don’t think we should have any majority, we were going to eliminate cannot randomly target American citi- doubt there are people both within the the ability to call for 60 votes on the zens on U.S. soil or anywhere else. United States of America and outside confirmation of judges. We were able to What it can do under the laws of war is tar- it who are members of terrorist organi- put that aside. There was another ef- get an ‘‘enemy combatant’’ anywhere at any zations and who want to repeat 9/11. All fort at the beginning of this Senate to time, including on U.S. soil. This includes a of us thank God there has not been a do away with 60 votes and go back U.S. citizen who is also an enemy combat- repeat of 9/11. Most of the experts I down to 51, which, in my view, would ant. The President can designate such a com- know will say there has been a certain have destroyed the Senate. batant if he belongs to an entity—a govern- A lot of us worked very hard—a ment, say, or a terrorist network like al- element of luck—a small element but Qaida—that has taken up arms against the still an element of luck, such as the group of us—for a long time to come up United States as part of an internationally Underwear Bomber and others—that with some compromises that would recognized armed conflict. That does not in- has prevented a devastating attack on allow the Senate to move more rapidly clude Hanoi Jane. the United States. But to somehow al- and efficiently but at the same time Such a conflict exists between the U.S. and lege or infer the President of the preserving the 60-vote majority re- al-Qaida, so Mr. Holder is right that the U.S. United States is going to kill somebody quirement on some pieces of legisla- could have targeted (say) U.S. citizen Anwar such as Jane Fonda or someone who tion. What we saw yesterday is going al-Awlaki had he continued to live in Vir- to give ammunition to those critics ginia. The U.S. killed him in Yemen before disagrees with the government’s poli- he could kill more Americans. But under the cies is a stretch of imagination which who say the rules of the Senate are law al-Awlaki was no different than the is, frankly, ridiculous—ridiculous. being abused. I hope my colleagues on Nazis who came ashore on Long Island in I don’t disagree that we need more this side of the aisle will take that into World War II, were captured and executed. debate, more discussion, and, frankly, consideration.

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.007 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1244 CONGRESSIONAL RECORD — SENATE March 7, 2013 I note the presence of the Senator Israel and the United States. It is not selves on their strict adherence to the from South Carolina. The Senator from so much that I fear a missile coming Constitution and the decisions of the South Carolina, as many of our col- from Iran; I fear, if they got a nuclear U.S. Supreme Court. leagues know, is a lawyer. He has been weapon or nuclear technology, they Isn’t it true that as a result of an at- a military lawyer in the Air Force Re- would give it to some terrorist organi- tack on Long Island during World War serve for over 20 years. If there is any- zation—like they gave IEDs to the Shia II, an American citizen—among oth- one in the Senate who knows about militia in Iraq to kill Americans—and ers—was captured and hung on Amer- this issue from a legal and technical they would wreak havoc on the world. ican soil, and the U.S. Supreme Court standpoint, it is my colleague from So we don’t believe in letting them upheld that execution because that in- South Carolina. have it and trying to contain them be- dividual was an enemy combatant? I ask my colleague from South Caro- cause we believe their association with Does that establish without a doubt lina, is there any way the President of terrorism is too long and too deep, that the fact that these are enemy combat- the United States could just randomly it is too dangerous for Israel and too ants, and no matter where they are, attack someone, with a drone or a dangerous for us. But Senator PAUL, to they are subject to the same form of Hellfire missile, without that person his credit, was OK with that; I just dis- justice as the terrorists in World War being designated an enemy combatant? agree with him. II were? And I don’t think, as much as I hate As to what he is saying about the Mr. GRAHAM. It has been a long- to say it, that applies to Jane Fonda. drone program, he has come our way held concept in American jurispru- Mr. GRAHAM. I thank my colleague. some, and I appreciate that. Before, he dence that when an American citizen That is a very good question. had some doubt in his mind as to sides with the enemies of our Nation, This has been a very lively debate. whether we should have killed Anwar they can be captured, held, and treated Senator PAUL has a lot of passion, and al-Awlaki in Yemen—an American cit- as an enemy combatant; they have that is a great thing. This is an impor- izen who had collaborated with al- committed an act of war against our tant issue. We should be talking about Qaida and was actually one of the mili- country, not a common crime. it, and I welcome a reasoned discus- tary leaders of al-Qaida in Yemen, who In World War II, German saboteurs sion. But to my Republican colleagues, had radicalized Major Hasan, and who landed on Long Island. They had been I don’t remember any of you coming had been involved in planning terrorist planning and training in Germany to down here suggesting that President attacks against U.S. forces throughout blow up a lot of infrastructure—and Bush was going to kill anybody with a the region. some of it was in Chicago. So they had drone—I don’t even remember the President Obama was informed this fairly elaborate plan to attack us. harshest critics of President Bush from through the military intelligence com- They came out of a submarine. They the Democratic side. They had a drone munity channels of Anwar al-Awlaki’s landed on Long Island. And the plan program back then, so what is it all of existence, all the videos he made sup- was to have American citizens sympa- a sudden about this drone program porting Jihad and killing Americans, thetic to the Nazi cause—of German or- that has gotten every Republican so and he, as Commander in Chief, des- igin, most of them—meet them and spun up? What are we up to here? ignated this person as an enemy com- I think President Obama has, in provide them shelter and comfort. batant. Well, the FBI back then broke up that many ways, been a very failed Presi- Mr. President, you did what you had plot, and they were arrested. The dent. I think his executive orders the authority to do, and I congratulate American citizens were tried by mili- overstep, I think he has intruded into you in making that informed decision. tary commission, they were found the congressional arena by Executive And the process to get on this target guilty, and a couple of them were exe- order, I think ObamaCare is a night- list is very rigorous—I think some- cuted. mare, and there are 1,000 examples of a times almost too rigorous. failed Presidency, but there is also But now, apparently, Senator PAUL Now, there has been a case in the war some agreement. People are aston- says it is OK to kill him because we on terror where an American citizen ished, I say to the Senator, that Presi- have a photo of him with an RPG on was captured in Afghanistan. Our Su- dent Obama is doing many of the his shoulder. He has moved the ball. He preme Court reaffirmed the proposition things President Bush did. I am not as- is saying now that he wants this Presi- that we can hold one of our own as an tonished. I congratulate him for having dent to tell him he will not use a drone enemy combatant when they align the good judgment to understand we to kill an American citizen sitting in a themselves with the forces against this are at war. cafe having a cup of coffee who is not country. To my party, I am a bit disappointed a combatant. I find the question offen- This Congress, right after the Sep- that you no longer apparently think we sive. tember 11 attacks, designated author- are at war. Senator PAUL, he is a man As much as I disagree with President ization to use military force against al- unto himself. He has a view I don’t Obama, as much as I support past Qaida and affiliated groups. So the think is a Republican view. I think it is Presidents, I do not believe that ques- Congress has given every President a legitimately held libertarian view. tion deserves an answer because, as since 9/11 the authority to use military Remember, Senator PAUL was the Senator MCCAIN said, this President is force against al-Qaida and affiliated one Senator who voted against a reso- not going to use a drone against a non- groups. And American citizens such as lution that said the policy of the combatant sitting in a cafe anywhere Anwar al-Awlaki and that guy Hamdi United States will not be to contain a in the United States, nor will future who was captured in Afghanistan have nuclear-capable Iran. It was 90 to 1. To Presidents because if they do, they will been treated as enemy combatants, and his credit, he felt that would be provoc- have committed an act of murder. Non- if President Obama does that, he is ative and it may lead to a military combatants, under the law of war, are doing nothing new or novel. conflict. He would rather have a nu- protected, not subject to being killed What would be novel is for us to say clear-capable Iran than use military randomly. that if a terrorist cell came to the force, and he said so—to his credit. So to suggest that the President United States, if an al-Qaida cell was Ninety of us thought, well, we would won’t answer that question somehow operating in the United States, that is like not to have a military conflict legitimizes that the drone program is a common crime and the law of war with Iran, but we are not going to con- going to result in being used against doesn’t apply. It would be the most tain a nuclear-capable Iran because it anybody in this room having a cup of perverse situation in the world for the is impossible. coffee cheapens the debate and is some- Congress to say that the United States What would happen is that if Iran got thing not worthy of the time it takes itself is a terrorist safe haven when it a nuclear weapon, the Sunni Arab to answer. comes to legal rights; that we can blow States would want a nuclear weapon, Mr. MCCAIN. May I ask my colleague you up with a drone overseas, we can and most of us believe they would a question especially on that subject. capture you in Afghanistan and hold share the technology with the terror- A lot of our friends—particularly you under the law of war, but if there ists, who would wind up attacking Senator PAUL and others—pride them- is a terrorist cell operating in the

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.009 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1245 United States, somehow you are a com- to our Nation—you have criminalized jacked aircraft coming to the Capitol, mon criminal and we will read you the war. And I don’t think our judici- the President of the United States your Miranda Rights. ary wants that. would be well within his rights to order I just have this one question to get So as much as I disagree with Presi- the Patriot missile battery to shoot Senator MCCAIN’s thoughts. I hope we dent Obama, I think you have been re- that plane down or have an F–16 shoot realize that, hypothetically, there are sponsible in the use of the drone pro- it down. And we are ready for that, by patriot missile batteries all over Wash- gram overseas. I think you have been the way. ington that could interdict an airplane thorough in your analysis. I would like I would just suggest one thing. The coming to attack this Capitol or the to make it more transparent. I would number of Americans killed in the White House or other vital government like to have more oversight. United States by drones is zero. The facilities. As to the accusation being leveled number of Americans killed in the I hope the Senator understands—Sen- against you that if you don’t somehow United States by al-Qaida is 2,958. The ator MCCAIN is a fighter pilot—that answer this question, we are to assume reason it is not 2 million, 20 million, or there are F–15s and F–16s on 3-minute you are going to use a drone—or the 200 million is because they can’t get to 5-minute alert all up and down the administration or future administra- the weapons to kill that many of us. east coast. If there is a vessel coming tions would—to kill somebody who is a The only reason it is 2,958 is because into the United States or a plane has noncombatant—no intelligence to sug- their weapons of choice couldn’t kill been hijacked or a ship has been hi- gest there are enemy combatants sit- more. Their next weapon of choice is jacked that is loaded with munitions or ting in a cafe hit by a Hellfire missile— not going to be a hijacked airplane up the threat is real and they have taken I think it is really off base. there; it is going to be some nuclear over a craft and are about to attack us, I have this one final thought. If there technology or a chemical weapon, a I hope all of us would agree that using is an al-Qaida operative U.S. citizen weapon of mass destruction. That is military force in that situation is not who is helping the al-Qaida cause in a why we have to be on our guard. only lawful under the authorization to cafe in the United States, we don’t When you capture someone who is as- use military force, it is within the in- want to blow up the cafe. We want to sociated with al-Qaida, the best thing herent authority of the Commander in go in there and grab the person for in- is to hold them for interrogation pur- Chief to protect us all. telligence purposes. poses. We found bin Laden not through Mr. MCCAIN. And should not be con- The reason we are using drones in Af- torture, we found bin Laden through a strued as an authority to kill some- ghanistan and Pakistan is we don’t decade of putting the puzzle together. body in a cafe. have any military presence along the Senator DURBIN and Senator MCCAIN, Mr. GRAHAM. It should be construed tribal border. The reason we are having both are very effective advocates that as a reasonable ability to defend the to use drones is we can’t capture peo- we have to live within our values and homeland against a real threat. And ple. The preference is to capture them, that when we capture somebody, we the question is, Do you feel threatened not to kill them. But there are certain are going to hold them under the law of anymore? I do. I think al-Qaida is alive areas where they operate that the only war. We are going to explore the intel- and well. way we can get to them is through a ligence, but we are going to do it with- And to all those who have been fight- drone strike. in the laws that we signed up to, such ing this war for a very long time, mul- Mr. MCCAIN. And may I say to my as the Geneva Conventions, the Con- tiple tours in Iraq and Afghanistan, friend that there are scenarios where vention Against Torture. who have tried to keep the war over there could be an extreme situation Mr. DURBIN. Will the Senator yield there so it doesn’t come here, to the where there is a direct threat. We could for a question? failed plots that have been broken up draw many scenarios—a bomb-laden, Mr. GRAHAM. Absolutely. by the CIA and the FBI, God bless you. explosive-laden vehicle headed for a Mr. DURBIN. I very briefly thank my We have to be right every time; they nuclear powerplant—where the Presi- colleagues on the other side of the only have to be right once. dent of the United States may have to aisle. It was 12 hours ago when I was If you think the homeland is not a use any asset the President has in standing right here, a lonely voice desire of al-Qaida, it is absolutely on order to prevent an impending cata- among others who were discussing this the top of their list. They are recruit- strophic attack on the United States of issue, bringing up the points the Sen- ing American citizens to their cause, America. And that is within the realm ator raises. The first is the drone is a and unfortunately a few will probably of possible scenarios. weapon. There are many weapons that go over to their side. Thank God it will So to somehow say that we would can deliver lethal force. We should be just a few. kill people in cafes and therefore drone view this as an issue of lethal force, But to take this debate into the ab- strikes should never be used under any not an issue of drones per se—although surd is what I object to. We can have circumstances I believe is a distortion it may raise some particular questions reasonable disagreements about, the of the realities of the threats we face. in application. It is largely a question regulatory nature of the drone program As we are speaking, there are people of lethal force. should be under the Department of De- who are plotting to attack the United The second question has been raised fense and what kind of oversight Con- States of America. We know that. At by both Senators. What if the fourth gress should have. I think that is a the same time, we are ready, as the airplane had not been brought down by really good discussion, and I would like Senator said, to discuss, debate, and the passengers? What if that plane to work with Senator DURBIN and oth- frame legislation that brings us up to were headed for this Capitol Building ers to craft—the Detainee Treatment date with the new kind of war we are and all other planes had been landed Act was where Congress got involved in. But to somehow have a debate and across America under orders of our with the executive branch to come up a discussion that we would have killed government and we knew this plane with a way to better handle the de- Jane Fonda does, in my view, a dis- was the fourth plane in control of the tainee issue. service to the debate and discussion terrorists, what authority did Presi- But the one thing I have been con- that needs to be conducted. dent Bush have as Commander in Chief sistent about is I believe there is 1 Mr. GRAHAM. That is a very good at that moment? Commander in Chief, not 535, and I be- point. I don’t think anyone would question lieve this Commander in Chief and all I look forward to a discussion about he had the authority to use lethal force future Commanders in Chief are unique how to deal with a drone program. It is to stop the terrorists from using that in our Constitution and have an indis- just a tactical weapon. It is an air plat- plane as a fourth weapon against the pensable role to play when it comes to form without a pilot. United States. protecting the homeland. If we have 535 Now, if there is a truck going toward There was no debate last night about commanders in chief, then we are going a military base or nuclear powerplant, that particular point. This notion—and to be less safe. And if you turn over we have a lot of assets to interdict that I am glad this point has been raised— military decisions to courts, then I truck. Maybe you don’t need the F–16. that we are somehow going to use think you have done the ultimate harm But I guarantee you, if there was a hi- drones to kill people sipping coffee in

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.010 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1246 CONGRESSIONAL RECORD — SENATE March 7, 2013 cafes is ludicrous. It is absurd. It goes many checks and balances. As much as be, for all intents and purposes, an in- beyond the obvious. We need those peo- I disagree with this President on many terminable conflict that we are in and ple. Bringing those people into our con- issues, I would never dream of taking we have to adjust to it. But that con- trol gives us more information. that right away from him because he is versation should not be talking about Second, for goodness’ sake, the col- the same person, the Commander in drones killing Jane Fonda and people lateral damage of something that brut- Chief, whoever he or she may be in the in cafes. It should be all about what au- ish would be awful. So I thank the Sen- future, that we give the authority to thority and what checks and balances ator for putting it in perspective. order American citizens in battle should exist in order to make it a most I think Attorney General Holder where they may die. He has the author- effective ability to combat an enemy could have been more artful in his lan- ity to pick up a phone, Senator that we know will be with us for a long guage yesterday, but at the end of the MCCAIN, and say you will launch today, time. day, even Senator CRUZ acknowledged and you may not come back. Mr. GRAHAM. If I could just have 2 he said it would be unconstitutional to I cannot imagine a Congress who is minutes of wrapup, I will. To my fellow use this kind of lethal force if there OK with the authority to order an citizens, the chance of you being killed weren’t an imminent threat pending American citizen in battle—we don’t by a drone—because you go to a tea against the United States. want to take that away from him, I party rally or a moveon.org rally or Mr. MCCAIN. If I may say real quick- hope—that is uncomfortable with the any other political rally or you are just ly, an imminent threat. same American determining who the chatting on the Internet quietly at MR. DURBIN. Yes. enemy we face may be. home—by your government through Mr. MCCAIN. We may have to do a As to American citizens, here is the the use of a drone is zero, under this little better job of defining that, but to law. If you collaborate with al-Qaida or administration and future administra- say imminent threat would then trans- their affiliates and you are engaged in tions. If that day ever happened, the late into killing somebody in a cafe is helping the enemy, you are subject to President of the United States or not a mature debate or discussion. being captured or killed under the law whomever ordered such an attack Mr. GRAHAM. If I can add, let me of war. What is an imminent threat? would have committed murder and tell the Senator about imminent threat The day that you associate yourself would be tried. I don’t worry about and military law. In Iraq we had dis- with al-Qaida and become part of their that. Here is what I worry about; that al- abled terrorist insurgents. There was a team, everywhere you go and every- Qaida, who has killed 2,958 of us, is big debate in the Marine Corps because thing you do presents a threat to the going to add to the total if we let our under military law when a lawful com- country. So why do we shoot people guard down. I will do everything in my batant, a person in uniform, has been walking down the road in Pakistan? power to protect this President, whom disabled and it does not present an im- They don’t have a weapon. There is no I disagree with a lot, and future Presi- minent threat, we don’t have the abil- military person in front of them who is dents from having an ill-informed Con- ity to shoot them. OK. threatened. The logic is that once you gress take over the legitimate author- The terrorists in Iraq put IEDs on join al-Qaida, you are a de facto immi- wounded belligerents, unlawful enemy ity under the Constitution and the laws nent threat because the organization of this land to be the Commander in combatants. So the Marine Corps wres- you are supporting is a threat. tled very long and hard with the rules Chief on behalf of all of us. For someone to suggest we have to As to any American citizen thinking of engagement. If you come upon some- let them walk down the road, go pick about joining with al-Qaida at home or body who is wounded, apparently was up a gun and head toward our soldiers abroad: You better think twice because disabled, under what circumstances before you can shoot them is not very here is what is going to come your could you use lethal force because they healthy for the soldier they are trying way. If we can capture you, we will. may be booby-trapped. to kill and it would be a total distor- You will be interrogated. You will go To the Marine Corps’ credit, they tion of law as it exists. Back here at before a Federal judge and one day you came up with a balance between who home, and I will conclude—— will go before a court and you will have we are—we just don’t shoot even our Mr. DURBIN. If the Senator will a lot of legal rights, but if you are enemies who are helpless and wound- allow just one last comment and I found guilty, woe be unto you. ed—and the ability for force protec- thank him for the statement on the Here is another possibility. If you tion. floor—from both my colleagues. The join with these thugs and these nuts to Here is what I would say about the Judiciary Committee’s Subcommittee attack your homeland and if we have circumstance in question. The process on the Constitution is going to have a no ability to capture you, we will kill of determining who an enemy combat- hearing, it is already scheduled, on this you and we will do it because you made ant is has always been a military proc- issue of drones. There are legitimate us. The process of determining whether ess. It is not a congressional debate. questions to be raised and answered. you have joined al-Qaida is not going Our committees don’t get a list of Mr. GRAHAM. There are. to be some Federal court trial. It is not names and we vote on whether we MR. DURBIN. I might add that in my going to be a committee meeting in the think they are enemy combatants. conversations with the President he Congress. Because if we put those con- Courts don’t have trials over who is an welcomes this. He has invited us to ditions on our ability to defend our- enemy combatant. If there is a ques- come up with a legal architecture to selves, we cannot act in real time. tion about enemy combatant status make certain it is consistent with ex- Bottom line: I think we are at war. I under the Geneva Conventions, you are isting precedent and military law and think we are at war with an enemy who entitled to a single hearing officer and other court cases as well as our Con- would kill us all if he could, and every that is all. In World War II, there were stitution. I think that is a healthy en- war America has been in we have rec- a lot of people captured in German uni- vironment for us to have this hearing ognized the difference between fighting form who claimed they were made to and invite all points of view and try to crime and fighting a war. If you be- wear the uniform by the Germans. All come up with a reasonable conclusion. lieve, as I do, we are at war, those who of them had a hearing on the battle- Mr. GRAHAM. I could not welcome aid our enemies are not going to be field by a single officer. It has been that more. It worked with the Detainee treated as if they robbed a liquor store. long held by military law it is a mili- Treatment Act, it worked with the They are going to be treated as the tary decision, not judicial decision or Military Commissions Act. I think it is military threat they are. legislative decision, to determine the the right way to go. Mr. MCCAIN. Madam President, I enemy of the nation. Mr. MCCAIN. Madam President, I thank my colleague and also thank the So President Obama has taken this think that concludes our discussion. I Senator from Illinois for his engage- far beyond what was envisioned. This would agree with the Senator from Illi- ment. In closing, I would like to con- administration has a very elaborate nois and my colleague from South gratulate my friend from South Caro- process to determine who should be de- Carolina that we need hearings. We lina for his best behavior last night at termined to be an enemy combatant. I need to discuss how we conduct this— dinner. He was on his best manners and think it is thorough. I think it has the United States, in what appears to everyone was very impressed.

VerDate Mar 15 2010 01:29 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.012 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1247 I yield the floor. help the public understand the nature about $80, he was subjected to exten- The PRESIDING OFFICER (Ms. of those mistakes, and then correct sive brain surgery that eventually cost BALDWIN). The Senator from Colorado. them. In this regard, the next Director more than $250,000. That is more than Mr. UDALL of Colorado. Madam of the CIA has an important task. 3,000 times the cost of an extraction. President, I rise in support of the nom- The specific mistakes I am referring After Deamonte’s death, more Ameri- ination of John Brennan to be the next to are outlined in the Intelligence cans began to recognize the link be- director of the Central Intelligence Committee’s 6,000-page report on the tween dental care and overall health Agency. Mr. Brennan earned a bipar- CIA’s deeply flawed detention and in- that medical researchers have known tisan vote of 12–3 in the Senate Intel- terrogation program. Acknowledging for years. ligence Committee, on which I serve. the flaws of this program is essential Former Surgeon General C. Everett He is clearly qualified to lead the CIA for the CIA’s long-term institutional Koop once said that ‘‘there is no health and deserved that bipartisan vote in integrity as well as the legitimacy of without oral health.’’ The story of the committee. And he deserves confirma- ongoing sensitive programs. Driver family has brought Dr. Koop’s tion by the full Senate today. I know the Presiding Officer will lesson home in a painful way. I say that in spite of the difficulties take a keen interest in this as she is a Children living in poverty have twice my colleagues and I encountered in ex- strong supporter of civil liberties and as much tooth decay as middle- and tracting information and commitments protecting our freedoms. That is why I upper-income children, and nearly 40 throughout the confirmation process. will hold Mr. Brennan to the promise percent of black children have un- Our concerns were less about John he made to me at his confirmation treated tooth decay in their permanent Brennan himself and more about the hearing; that is, to correct inaccurate teeth. role that the next CIA director needs information in the public record on the This has serious implications for to play. And we believe that the infor- CIA’s detention and interrogation pro- their overall health. Untreated oral mation and commitments we finally gram. That is why I will continue to health problems in children can result secured from him and from the White urge him to ensure that the Senate In- in attention deficits, poor school per- House are extraordinarily relevant to telligence Committee’s report on this formance, and problems sleeping and eating. And these problems carry over the role of any CIA director. flawed program is declassified and Alongside several of my colleagues, I made public. to adulthood. Improper oral hygiene fought to enhance transparency and In the committee’s confirmation can increase an adult’s risk of having preserve our system of checks and bal- hearing, Mr. Brennan promised to be low birth-weight babies, developing heart disease, or suffering a stroke. ances. The American people have the an advocate of ensuring the committee Employed adults lose more than 164 expectation that their government is has what it needs to do its functions. I million hours of work each year due to upholding the principles of oversight believe Mr. Brennan is that advocate. I look forward to working with him dental disease and dental visits, and in and accountability. and the administration with my goal of 2009 over 830,000 emergency room visits Consistent with our national secu- protecting our national security while were the result of preventable dental rity, the presumption of transparency also safeguarding America’s constitu- conditions. Poor oral health is also as- should be the rule, not the exception. tional freedoms and determining the sociated with a number of other dis- The government should make as much limits of executive branch powers in eases, including diabetes, stroke and information available to the American this new age of warfare. respiratory disease. In older adults, public as possible, while protecting na- I yield the floor. poor oral health is significantly associ- tional security. The PRESIDING OFFICER. The Sen- ated with disability and reduction in We have seen during previous admin- ator from Maryland. mobility. istrations the problems that can arise Mr. CARDIN. Madam President, I ask Medical researchers have discovered when even the intelligence committees unanimous consent to speak as if in the important linkage between plaque are left out of the loop: warrantless morning business. and heart disease, that chewing stimu- wiretapping, extraordinary detention The PRESIDING OFFICER. Without lates brain cell growth, and that gum and torture. Ben Franklin put it well objection, it is so ordered. disease can signal diabetes, liver ail- when he said: ‘‘Those who would sac- REMEMBERING DEAMONTE DRIVER ments and hormone imbalances. Fur- rifice liberty for security deserve nei- Mr. CARDIN. Mr. President, I come ther, oral research has led to advanced ther.’’ to the floor to note a sad anniversary. treatments like gene therapy, which Congressional oversight is critical to Friday, March 1, marked 6 years since can help patients who have chronic ensure that we sacrifice neither, as we the tragic death of a 12-year-old Mary- renal failure. pursue a smart, but tough, national se- land child named Deamonte Driver. I They have also discovered that oral curity strategy, especially in this age have spoken about him many times disease is far more prevalent than you of new forms of warfare. since his passing, which happened just might imagine. In fact, dental decay is This was true over the past several weeks after I came to the Senate. the most common chronic childhood months, as I joined Senator WYDEN and The death of any child is tragic; disease in the United States. Dental others in pushing hard for access to the Deamonte’s was even more so because disease affects 1 in 5 children aged 2 to legal justification used by the execu- it was entirely preventable. He died 4, and more than half of all children tive branch to lethally target Ameri- from untreated tooth decay. It started have dental disease by the time they cans using drones. The fact that we had with an infected tooth. Deamonte reach second grade. By the age of 17, to push so hard, I am sorry to say, no began to complain about headaches in approximately 80 percent of young peo- doubt erodes the government’s credi- early January 2007. By the time he was ple have had a dental cavity. bility with the American people. But it evaluated at Children’s Hospital’s The average 50-year-old in the United also gives us an opportunity—and a emergency room, the infection had States has lost 12 teeth, and by age 65 good reason—to maintain and spread to his brain, and after multiple over one-quarter of Americans have strengthen our system of checks and surgeries and a lengthy hospital stay, lost all their teeth. More than 10 per- balances. he passed away. cent of the nation’s rural population I am glad the Administration met The principal at Deamonte’s school, have never visited a dentist. our requests and is giving members of Gina James, remarked, ‘‘Everyone here These are sobering statistics. But the Intelligence Committee access to was shocked. They couldn’t understand here is the good news: Dental decay is legal opinions on targeting American how he could have a toothache and a dynamic disease process, and not a citizens. This is an important first then die. We sometimes give the little static problem. Before a cavity is step. But there is more to be done for kids candy as a reward; well, for a formed in the tooth, the caries infec- Congress to understand the limits on while they stopped taking it because tion can actually be reversed. That the drone program. they would say, ‘if I get a cavity, will means that we can prevent tooth Madam President, our government I die?’ ’’ decay, as long as dental care is made has an obligation to the American peo- Because Deamonte did not get a available and good oral hygiene prac- ple to face its mistakes transparently, tooth extraction that would have cost tices are used.

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.013 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1248 CONGRESSIONAL RECORD — SENATE March 7, 2013 Deamonte’s story was told around For a variety of reasons, it is dif- and dental hygiene students as well as the world. But nowhere did it hit hard- ficult for Medicaid and CHIP enrollees practicing dentists, and for loan repay- er than in his home State of Maryland. to find dental care, and working par- ment for faculty in dental programs. I am proud of how the Maryland Con- ents whose children qualify for those The ACA also provides grants for up to gressional Delegation, Governor Mar- programs are likely to be employed at 15 demonstration programs to train al- tin O’Malley, and the Maryland Gen- jobs where they can’t spend 2 hours a ternative dental health providers in eral Assembly have responded to the day on the phone to find a provider. So underserved communities. need for better access to oral health HHS must include on its Insure Kids The law authorizes and requires a care. Now Web site a list of participating number of public health initiatives In 2010 and 2011, the Pew Center on dentists and benefit information for all that should improve access to oral the States named Maryland a national 50 States and the District of Columbia. health care, including an $11 billion, 5- leader in improving dental access for Also, in 2009, Congress passed the Ed- year initiative that funds construction, low-income Marylanders. We were the ward M. Kennedy Serve America Act. capital improvements and service ex- only State to meet seven of Pew’s eight That law created the Healthy Futures pansions at community health centers, dental policy benchmarks, and we Corps, which provides grants to the where so many oral health services are ranked first in the nation for oral States and nonprofit organizations so provided. health. CMS also invited our State offi- they can fund national service in low- It also establishes a National Health cials to share their story at its na- income communities. It will allow us Care Workforce Commission to serve as tional quality conference in August to put into action tools that can help a resource to evaluate education and 2011 and placed Maryland’s achieve- us close the gap in health status—pre- training to determine whether demand ments in its Best Practices Guide. vention and health promotion. For too for health care workers is being met, I will mention just some of what long we have acknowledged health dis- and identify barriers to improvement. Maryland has accomplished: In 2010, parities, studied them, and written re- We need that information. That was our State secured $1.2 million in Fed- ports about them. With the help of the Senator Bingaman’s provision and it eral funding to develop a statewide senior Senator from Maryland, my col- should be funded as soon as possible. Oral Health Literacy Campaign, called league, Senator BARBARA MIKULSKI, we But perhaps the most important pro- ‘‘Healthy Teeth, Healthy Kids.’’ More added language to that law specifying vision is a requirement that health than 368,000 children and adults in Med- oral health as an area of focus. plans cover a set of essential health icaid received dental care in 2011; 82,000 Now the Healthy Futures Corps can benefits, EHBs, that includes pediatric more than in 2010. The percentage of help recruit young people to work in dental care. Beginning January 1, 2014, pregnant women receiving dental care the dental profession, where they can the law says that oral health care for in 2011 was 28.4 percent, compared to serve in areas that we have shortages children must be part of the essential 26.6 percent in 2010. of providers in urban and rural areas. health benefits package that must be Created by the Robert T. Freeman It will fund the work of individuals offered in the new health insurance ex- Dental Society and funded in part by who can help parents find available changes and in the small group and in- the State, the Deamonte Driver Mobile oral health services for themselves and dividual insurance markets that exist Dental Van Project provided diagnostic their children. It will make a dif- outside the exchanges. and preventive services for over 1,000 ference in the lives of the Healthy Fu- When the ACA was passed nearly 3 Prince George’s County children who tures Corps members who will work in years ago, I had great hopes that in a live in neighborhoods where otherwise underserved communities and in the few years, I could stand here on the care would be unavailable to them. lives and health of those who get im- Senate floor and celebrate all the The Kaiser Family Foundation proved access to care. Then in the 2010 progress we had made in bringing af- awarded a $200,000 grant to the Mary- Affordable Care Act, we enacted sev- fordable dental care to every child in land Dental Action Coalition that eral landmark provisions designed to this nation. I had hoped this would be funded a pilot dental screening pro- improve oral health. a day to talk about what a difference gram at a school-based health center in The ACA funds and encourages a Congress has made in the oral health of Prince George’s County. number of oral health prevention ac- America’s children. We celebrated that The Dental Action Coalition also tivities. First, it directs the CDC to es- section of the law, because it meant began granting and reimbursing pri- tablish a 5-year national oral health that once and for all, oral health would mary care providers to apply fluoride education campaign. This campaign is be available to America’s children. It varnish for children up to 3 years of required to use science-based strategies gave many of us hope that we would be age. By June 2012, 385 primary care pro- and to target children, pregnant able to get every child basic dental viders had administered over 58,000 women, parents, the elderly, individ- care and begin to erase the epidemic of treatments. uals with disabilities and ethnic and dental disease that still affects mil- The Maryland Community Health racial minority populations, including lions of American children. Now, how- Resources Commission continues to ex- Native Americans. ever, the affordability of that benefit is pand oral health capacity for under- The ACA also created demonstration at risk. served communities. Since 2008, the grants to study the effectiveness of re- The ACA includes a Finance Com- Commission has awarded 20 dental search-based oral health programs, mittee provision that allows stand- grants totaling $4.6 million. These which will be used to inform the public alone dental plans to exist in the mar- grants have funded services to more education campaign. ket. In a colloquy on September 26, than 35,000 low-income children and The health care law expands an exist- 2011, Senators BAUCUS, STABENOW, and adults in our State. ing school-based dental sealant pro- Bingaman engaged in a colloquy. I am also very proud of what Con- gram to each of the 50 States and terri- They clarified that the intent of the gress has done. In the CHIP Reauthor- tories and to Indians, Indian tribes, law in allowing stand-alone dental ization Act passed a few months after tribal organizations and urban Indian plans was not to create separate stand- Deamonte died, we established a guar- organizations. It directs the CDC to ards but to ensure competition in the anteed oral health benefit for children. enter into cooperative agreements with insurance exchanges and allow choice With the leadership of Senators BAU- State, territorial and Indian organiza- in the marketplace. CUS, GRASSLEY, ROCKEFELLER, COLLINS, tions to establish guidance, conduct Later, I joined 10 of my colleagues in and former Senator Bingaman, we cre- data collection and implement science- writing to HHS Secretary Sebelius, ated grants to the States to improve based programs to improve oral health. urging her to ensure that all children oral health education and treatment ACA also authorizes HHS to make who receive their dental coverage programs. We also addressed one of the grants to dental schools, hospitals, and through a stand-alone dental plan problems that Deamonte’s mother nonprofits to participate in dental should have the same level of consumer faced in trying to get care for him—a training programs. This funding can be protections and cost-sharing as those lack of readily available information used to provide financial assistance to who get coverage through a plan that about accessible providers. program participants, including dental offers integrated benefits.

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.015 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1249 Last week, HHS published a final than 24 hours later, CMS released a The answer to that question is no. rule on the benefits that creates a sep- proposed ‘‘guidance’’ to insurers, set- I ask unanimous consent that letter arate out-of-pocket limit for stand- ting a maximum out-of-pocket limit of be printed in the RECORD. alone dental plans, but only specifies $1,000. When I contacted HHS to ask There being no objection, the mate- that the limit be ‘‘reasonable.’’ There whether this was a per-family or per- rial was ordered to be printed in the are two huge problems with this ap- child limit, the expert in charge of the RECORD, as follows: proach. First, an additional out-of- rule was unable to tell me. They did THE ATTORNEY GENERAL, pocket limit will make the benefit far not know whether this meant extra Washington, DC, March 7, 2013. less affordable for many families. It costs per year of $1,000 or $5,000 for a Hon. RAND PAUL, was not what Congress intended. The family with five children. This tells me U.S. Senate, whole point of adding pediatric dental that the affordability of care was a sec- Washington, DC. DEAR SENATOR PAUL: It has come to my at- benefits to the essential health bene- ondary consideration when this final tention that you have now asked an addi- fits package was to make certain that rule was written. tional question: ‘‘Does the President have oral health not be considered separate There are still millions of American the authority to use a weaponized drone to from overall health. children without coverage for dental kill an American not engaged in combat on We have been here before. This ap- care. If we are to make real progress in American soil?’’ The answer to that question proach is similar to policies that were improving the health of Americans, we is no. set decades ago for mental health serv- cannot afford to continue giving oral Sincerely, ices—separate policies to cover mental health care second-class treatment. ERIC H. HOLDER, Jr. health treatment, separate limits on The question now is whether the Mrs. FEINSTEIN. So, hopefully, the coverage, and separate copays. Mental guidance to plans will go forward. It is need to continue any of this will be vi- health was treated as second-class contrary to Congressional intent and tiated, and we will be able to proceed health care. We know now that this contrary to the best interests of Amer- with a vote. It is my understanding was an injustice. It was wrong to treat ican families to allow it to stand. On that I have a half hour on behalf of the those services, and the patients who this sixth anniversary of the death of majority of the Intelligence Committee used them, as second-class. Many of my Deamonte Driver, let’s pledge to do to make a statement in support of Mr. colleagues were here in Congress when better for our children. Brennan. we fought the battles for mental health Madam President, I call to the atten- Mr. Brennan’s nomination was re- parity. It was a difficult battle, but we tion of my colleagues a colloquy be- ported out of the Senate Intelligence won. It seems to me that this is what tween Senators Bingaman, STABENOW, Committee on Tuesday by a strong bi- we are doing now with dental care, and BAUCUS in the RECORD of Sep- partisan vote of 12 to 3. I look forward rather than treating it as part of the tember 26, 2011, at page S5973. to an equally strong vote by the Senate Essential Benefits Package, which was With that, I yield the floor. later today. our intent in the Affordable Care Act. f Let me begin with his qualifications, which are impressive and unques- Section 1402(b) of the law also estab- RECESS lishes an out-of-pocket limit for all tioned. John Brennan began his career families and lowers that limit for fami- The PRESIDING OFFICER. Under as an intelligence officer with the CIA lies with incomes under 400% of the the previous order, the Senate stands in 1980. He worked as a CIA officer for Federal poverty level. By creating a in recess until 2 p.m. 25 years in a variety of capacities, in- separate limit, HHS is reducing the Thereupon, the Senate, at 12:30 p.m., cluding as an analyst in the Office of number of families who will be able to recessed until 2 p.m. and reassembled Near Eastern and South Asian Analysis afford dental coverage for their chil- when called to order by the Presiding and as a top analyst in the CIA Coun- dren. Officer (Ms. HEITKAMP). terterrorism Center from 1990 to 1992, Second, the rule has left the deter- f both areas that remain very much a mination of what is a ‘‘reasonable’’ EXECUTIVE SESSION focus of the CIA today. out-of-pocket limit to each State. With He was the daily intelligence briefer pressure from insurance companies, a at the White House and served as State could decide to provide an out-of- NOMINATION OF JOHN OWEN George Tenet’s executive assistant. De- pocket limit of $1,000 or more per child, BRENNAN TO BE DIRECTOR OF spite his background as an analyst, Mr. which could more than double out-of- THE CENTRAL INTELLIGENCE Brennan was selected to serve as Chief pocket costs for a family with five chil- AGENCY—Continued of Station, a post generally filled by a dren. The PRESIDING OFFICER. The time CIA operations officer. He served in In the Federally run exchanges, HHS until 3 p.m. is equally divided. Saudi Arabia, one of the most impor- has the authority to set a ‘‘reasonable’’ The Senator from California. tant and complex assignments, and out-of-pocket limit. Last Thursday, in Mrs. FEINSTEIN. Madam President, then returned to Washington as then- a Finance Committee hearing, I asked it is my understanding that this is an DCI Tenet’s Chief of Staff and the Dep- Jon Blum, the CMS Deputy Adminis- appropriate time for me, as chairman uty Executive Director of the CIA. trator, about the idea of segregating of the Intelligence Committee, to Mr. Brennan then served as the head dental benefits from health benefits speak on the nomination of John Bren- of the Terrorist Threat Interrogation and increasing cost-sharing. This is nan for Director of the CIA. Center, the predecessor organization to what he said: ‘‘Well I think one of the The PRESIDING OFFICER. The Sen- the National Counterterrorism Center lessons that we learned within the ator is recognized. (NCTC), where he also served as the In- Medicare program is that when the Mrs. FEINSTEIN. Madam President, terim Director. After a short stint in care is siloed, our benefits aren’t fully as a kind of predicate to this nomina- the private sector, he returned to be integrated. That can often lead to tion, we have heard a 13-hour filibuster President Obama’s top counterterror- worse total health care consequences. I from Senators who desire an answer to ism and homeland security adviser. In can pledge to get back to you with di- the question that was proffered by Sen- that capacity, he has been involved in rect answers to your questions. But I ator PAUL. I have that answer. It is handling every major national and do agree with your general principle dated March 7. It is a letter from the homeland security issue we have faced that when benefit design is broken up Attorney General Eric Holder. It is to since 2009. and care is not coordinated, that it can Senator RAND PAUL. This is what it He has been involved in counterter- often lead to bad quality of care. ‘‘ says: rorism successes, including this admin- Later that day, I spoke with CMS It has come to my attention that you istration’s efforts to bring Osama bin acting administrator Marilyn have asked an additional question. Laden to justice and at least 105 ar- Tavenner. I asked her to take into ac- ‘‘Does the President have the authority rests of terrorist operatives and sup- count the affordability of a plan that to use a weaponized drone to kill an porters in the United States since 2009. had separate, high cost-sharing, and American not engaged in combat on He also helped implement the lessons she agreed to consider my views. Less American soil?’’ learned from Umar Farouq Abdul-

VerDate Mar 15 2010 01:29 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.015 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1250 CONGRESSIONAL RECORD — SENATE March 7, 2013 mutallab’s attempted bombing of a jet cant for long. For the past 5 months, Without that, our oversight is not com- over Detroit, the loss of CIA personnel the Deputy Director, Michael Morell, plete, and it certainly is not as rig- in Khowst, Afghanistan, and the ter- has served as the Acting Director. orous as what is required. rorist attacks in Benghazi, Libya. So Mr. Morell, like John Brennan, is a In nominating John Brennan, Presi- he is qualified. career CIA officer and a very gifted dent Obama spoke of his ‘‘commitment For the past 4 years, Mr. Brennan has one. But as I discussed with him last to the values that define us as Ameri- been among the President’s closest ad- Friday, he cannot single-handedly at- cans.’’ DNI Clapper, in a letter of sup- visers. As Director of the CIA, he would tend the White House principals meet- port to the committee, noted John’s lead this Nation’s largest intelligence ing, the deputies meetings, direct the ‘‘impeccable integrity’’ and that his agency and will continue to provide in- agency, meet with liaison partners, ‘‘dedication to country is second to formation and advice on intelligence testify before Congress, implement se- none.’’ He has been called the adminis- matters to the President, his national questration, and do everything else the tration’s ‘‘conscience,’’ and I believe he security team, and this Congress. Director and Deputy Director must will be a straight shooter, which is ex- Throughout the past three decades, jointly do. traordinarily important to me. I want Mr. Brennan has observed every aspect John Brennan and Michael Morell the truth whether it is good or bad. I of intelligence from analysis to collec- will be a great team in leading the CIA. want the truth. I believe every member tion to covert action, from inside gov- I believe they compensate for one an- of my committee feels the same way. ernment and the private sector, and other. Michael Morell has these skills Mr. Brennan has been straight- from both the intelligence and policy in analysis, and I think John Brennan forward with the committee through- sides. has skills that make him a very strong out the confirmation process. He has I actually do not believe there is any- and, yes, even tough leader. pledged to be open with us if con- one who is more qualified to take over We face continuing attack from ter- firmed. We will take him up on that the CIA than John Brennan. So he can- rorists. There is no question about pledge. In his opening statement at the not be denied this post, in my view, on that. I see the reports every day. Our committee’s public confirmation hear- the basis of qualification. I think even posts overseas remain at risk, and ter- ing, Mr. Brennan said: If confirmed, ‘‘I those who oppose his nomination rec- rorists still seek to attack us at home. would endeavor to keep this committee ognize there is no question but that he As a matter of fact, there have been fully and currently informed, not only is well qualified. From the time he over 100 arrests in the last 4 years by because it is required by law, but be- walks into the CIA, he will be ready to the FBI in this country. cause you can neither perform your go, up to speed on the numerous There is a massive and still growing oversight function nor support the mis- threats and challenges this country humanitarian disaster underway in sion of the CIA if you are kept in the faces all over the globe. Syria with no end in sight and the dark.’’ Let me speak for a moment why that prospect of an increasingly desperate He acknowledged that the ‘‘trust def- is important and why it is so impor- regime with nothing to lose. Insta- icit has at times existed’’ between the tant that we move to confirm John bility is going to continue to fester Intelligence Committee and the CIA, Brennan. As the Director of the CIA, he across North Africa, from Mali to Alge- and he pledged to make it his goal to leads the most diverse and clandestine ria, to Libya and beyond, breeding and strengthen the trust between our insti- intelligence agency, the only agency to harboring a new generation of extrem- tutions. I look forward to giving him conduct covert actions, the largest all- ist. that opportunity. To be sure, I will source analytic workforce. And he sits The North Korean regime is threat- hold him to these words. in the principal committee meetings ening to disavow the 1953 cease-fire I recognize that building a relation- where the most sensitive national secu- with the South, and it has the nuclear ship and trust requires two willing rity decisions are made. and missile capability to cause massive partners. We are willing. I believe he The past two CIA Directors, both Mr. destruction and instability. will be willing. We will find out. Panetta and General Petraeus, have Iran’s nuclear program continues to In fact, there is a broader issue on played significant roles in keeping the grow and its Revolutionary Guard and the interaction between the executive Senate and House Intelligence Com- Hezbollah proxy are growing bolder and branch and the Congress on intel- mittees informed of sensitive oper- more capable. ligence matters. It goes well beyond ations. They have provided an inde- China’s foreign policy and military Mr. Brennan, and I wish to speak about pendent assessment of hot spots and might are increasing. According to it. strategic threats around the world. well-sourced recent unclassified re- I have served on the Intelligence John Brennan will do the same. ports, its cyber operations are bleeding Committee for more than 12 years. By its nature, the CIA is among the our private sector dry. This is actually a lot more unusual parts of our government that receive The CIA has a role to play in all of than it sounds. From the committee’s the least oversight. Its activities are these areas, as well as maintaining and establishment in 1976 to the end of 2004, largely shielded from the view of the expanding its global coverage. This is there were term limits on committee press, the public, the Government Ac- going to require prioritizing resources membership. Senators rotated off the countability Office, and, indeed, most and producing better results from a committee just when they had served Members of Congress. The Director of very skilled CIA workforce. So the CIA for long enough to understand what the the CIA must be both unimpeachable in Director position must be filled. Five intelligence community is doing and, his—or, hopefully, one day her—integ- months is too long to leave it vacant. most important, how it operates. rity, while guiding a workforce of peo- John Brennan, I believe, and 12 mem- Senators ROCKEFELLER, WYDEN, MI- ple who operate in the shadows for the bers of our committee believe, is the KULSKI, and I have all served on the benefit of our Nation. This is impor- right person to fill it. committee for more than a decade, and tant. On that question, whether we can de- Senators CHAMBLISS and BURR are near He must manage an independent and pend on John Brennan to be straight that total. Both served on the House creative workforce, build and nurture with the committee, I believe he will committee before coming to the Sen- relationships with foreign spy chiefs, be and that he will be someone with ate. and lead teams of scientists, techni- whom we can build a strong and trust- So now we have veterans on the com- cians, lawyers, analysts, and operatives ing relationship. mittee who have watched and listened. who are involved in clandestine work. Let me just say one thing that is im- We spend a minimum of 2 hours in a In short, the CIA is capable of the very portant. It is very important that the committee meeting twice a week and best of America, and, catastrophically Intelligence Committees in both of often longer. We cannot take home at times, it is capable of great mis- these Houses have that relationship notes. Notes go in the safe and we can- takes. with the Director of the CIA, so that not take home classified information. It follows that the position of CIA Di- with a bond of trust there can be a It means a lot of reading whenever we rector requires an uncommon nominee. sharing of information which enables are able to find the time to go to a That position should not remain va- our oversight to be more complete. SCIF to read the classified information

VerDate Mar 15 2010 01:29 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.037 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1251 which daily is quite voluminous. We will never happen in the United States Many Senators on both sides of the see everything except the President’s of America. This is not permitted in aisle in the committee see the need for PDB; that is, the President’s Daily the United States of America. The At- a better relationship and a better ap- Brief. All the other information from torney General, in his letter to Senator preciation of what we need in order to all the other agencies stream through PAUL, has said just that. It will not do our work. As I discussed previously, this committee. It is vital we read it happen. we are very different from other con- because this is where we find out where I hope this puts this issue to an end. gressional bodies which do oversight. the threats are. It is one thing to target a terrorist in Our efforts aren’t supplemented by the We have been able to truly under- an isolated country where there are press, GAO or by nonprofit and advo- stand the relationship between the In- isolated mountains and valleys and cacy groups in the same way they are telligence Committee, the intelligence where we cannot get to them to cap- in the other committees of the Con- community, and the importance of ture them, but we know terrorists and gress. The Intelligence Committees in having the committee kept fully and terrorist leaders are plotting against the House and the Senate need to re- currently informed of intelligence mat- the United States. ceive information from the executive ters. That is not our wish. That is a re- The United States of America is a branch in order to exercise robust over- quirement of the National Security different place. There is access to the sight. Act. We have seen what happens when court system, access to police, access I have spoken directly to the Presi- this is not the case, when the com- to FBI, access to warrants, access to dent, the President’s Chief of Staff, the mittee doesn’t have access to full arrests, access to be able to find and National Security Adviser, and the Di- knowledge of intelligence, as with the ferret out individual terrorists. Drones rector of National Intelligence about weapons of mass destruction weapons will never be used in the United States this. I believe they are truly beginning before the war or with the CIA’s deten- of America to kill innocent Americans, to understand what is at stake. I am tion and interdiction program through not if I have anything to do with it. told they have an open view and are the past administration. Yesterday, in the Judiciary Com- discussing increased transparency with By contrast, when we are briefed, we mittee while I was present, Senator us at this time. can provide input and advice. We work CRUZ followed up on Senator PAUL’s I strongly believe John Brennan will to put an end to ill-advised plans, and concerns, asking Attorney General be part of the solution, and he will be we give the intelligence community a Holder if an American eating in a someone with whom we may work measure of support and defend its ac- cafe—who doesn’t pose an imminent closely. He is well qualified. His leader- tions. threat—could be killed by a drone. I ship and management are sorely need- There is a very strong feeling on both don’t believe the Attorney General, at ed, and he has strong bipartisan sup- sides of the aisle that the committee is the time he heard the question or rec- port in the committee. not receiving the information it needs ognized the simplicity of the facts pre- I urge a ‘‘yes’’ vote. to conduct all oversight matters in the sented by the hypothetical. When he I yield the floor to the distinguished manner in which we should. There is did, he said no. My view is the Attor- vice chairman from Georgia, with whom it has been a great pleasure for the matter of Office of Legal Counsel ney General’s letter to Senator PAUL is opinions concerning the targeted kill- correct. The only case in which the use me to work. We haven’t disagreed on a ing of Americans. The committee needs of lethal force against Americans in lot—we have disagreed on a few things—but I want the Senator to to understand the legal underpinning the United States could be con- know I wish to continue our relation- of not only this program but of all templated or constitutional would be an extraordinary circumstance such as ship. clandestine programs, of all covert ac- We need to put together another au- the attack on Pearl Harbor or the ter- tions, so we may ensure the actions of thorizing bill. I look forward to work- rorist attacks on September 11, where the intelligence community operate ac- ing with you, Mr. Vice Chairman, in four big commercial airliners were hi- cording to law. Absent these opinions, that regard, and I thank you. we cannot conduct oversight that is as jacked and flown into three large The PRESIDING OFFICER. The Sen- robust as it needs to be. buildings, with the fourth crashing ator from Georgia. During the confirmation process, we into a field in Pennsylvania. Mr. CHAMBLISS. Madam President, were able to reach an agreement with Another issue, where the committee I rise to explain why I am opposing the the administration to receive these has sought documents, is related to the nomination of John Brennan to be the opinions, with staff access and without Benghazi terrorist attack. next director of the Central Intel- restrictions on note taking. I notice that the vice chairman is on ligence Agency. I want to thank the administration. I the floor. He and I have worked to First, I wish to say I thank the chair- think increasingly they understand bring the additional documents his side man for her kind comments. Let me this problem of the need for us to ac- wanted on the Benghazi attacks. We state, as they had reiterated, we had 2 cess more information. It is not a di- have a commitment from the adminis- great years where we accomplished a minishing one, it is a growing one, and tration that all those documents, if great deal. She is one tough gentle it is spreading through this House—and they haven’t already been forth- lady, particularly when it comes to the I suspect the other House as well. coming—and it is my understanding national security of the United States. It needs to be this way. We need to from the Senator most have been forth- It has been a pleasure to work with know the legal basis for very serious coming—the remaining ones will be her. It is rare we ever disagree, because actions taken in a secretive way by the forthcoming as well. we both have the same end result in intelligence community. Therefore, we My view is the committee has re- mind, which is to make sure America can defend it. If we don’t see it, we ceived the information we need in and Americans are safe, secure, and the don’t know. order to render a judgment about what intelligence community is doing its I also wish to address the drone issue happened in Benghazi before the at- part to ensure that happens. once more, mainly to discuss the hypo- tacks of last September 11 and 12, dur- Her leadership has just been amazing. thetical examples offered yesterday by ing, after, and before. My view, quite We have produced authorization bills the Senator from Kentucky. On Fox simply stated, is there was strategic over each of the last 2 years—we have News this week, he mentioned—and I warning about the conditions in East- actually done four in 2 years, which in- began with this ‘‘what we are talking ern Libya. And based on the previous dicates there was a backlog of those about is eating dinner in your house, attacks in the area, it was likely this authorization bills. you are eating in a cafe or walking mission not it was not a consulate—but We have also reauthorized FISA and down the road, and a drone strike can this mission could well be a site of at- some other measures which equip our occur. It is not about people involved tack. Members have asked legitimate intelligence community as well as our in combat, it is about people who they intelligence questions within our juris- law enforcement community with the think might be.’’ dictional lane about Benghazi, and tools they need to combat terrorism. It A drone strike against someone eat- they deserve answers to their ques- is because of her leadership we have ing in a cafe or walking down the road tions. been able to do that.

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.039 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1252 CONGRESSIONAL RECORD — SENATE March 7, 2013 When we do disagree, it is kind of an cannot effectively hold accountable not aware of any instance in which we unusual situation. We may have dis- those responsible for such leaks if a had the opportunity to capture a ter- agreements in a bipartisan way within senior government official appears to rorist but took a lethal strike instead. our committee. This is good. It is shrug off his own damaging disclosure. But his testimony on this point ap- healthy. I hope Mr. Brennan will reconsider his pears to be particularly incredible. Sometimes Democrats will side with position on this case and convey to While reasonable minds may differ as me or Republicans will side with the those he expects to lead, not just in to whether bin Laden should have been chairman on an issue. This shows us words but by his own example, the im- taken alive, to argue that he could not people are voting with their hearts and portance and necessity of maintaining have been taken alive and captured is what they think is in the best interests the secrecy he will be sworn to uphold. not believable when his wives and chil- of America, not from a partisan stand- Second, Mr. Brennan appears to be dren were left behind during the raid. point. one of the architects of the administra- The truth is the administration simply I attribute that to the leadership of tion’s current detention policy—or bet- had no plan to capture him. Chairman FEINSTEIN because of her ter stated, lack thereof. Since the Now, while in this case of UBL, kill- openness and for allowing bipartisan President signed the Executive orders ing him probably was the best option, I participation in a fine way. in 2009 disbanding the CIA’s detention believe that all options have to be on I expect Mr. Brennan is going to be and interrogation program and order- the table and utilized when appro- confirmed by the Senate. I would have ing the closure of the Guantanamo Bay priate; otherwise, we are potentially liked to have supported his nomina- detention facility, many of us have losing valuable intelligence. Yet Mr. tion. been asking the administration to tell Brennan’s testimony before the Intel- Unfortunately, I have significant us what their new detention policy is. ligence Committee made clear that he concerns about several matters I sim- Unfortunately, in the years since, we is fully satisfied with how detainees ply cannot put aside. If confirmed, Mr. have seen a most unsatisfactory re- are currently being handled and he is Brennan will interact extensively with sponse play out in ways that I believe insistent the CIA remain out of the de- the Senate Intelligence Committee and are detrimental to our collection of tention business, even if it means we in particular with Chairman FEINSTEIN timely intelligence and, ultimately, to do not get direct or timely access to and with myself as the vice chairman. our national security. detainees. He will have many opportunities over We have seen a disturbing trend of Thirdly, Mr. Brennan continues to the next several years to alleviate my returning to the pre-9/11 days when insist that he conveyed to colleagues concerns, and I hope he does so. At this bringing criminal charges against ter- at the CIA his personal objections to time, I cannot support placing him in a rorists was a preferred course rather the CIA’s interrogation program. Yet position so vital to our national secu- than long-term detention, which allows not a single person has come forward rity mission. for greater intelligence collection. Be- to validate that claim. And Mr. Bren- During the confirmation process, in- cause of this preference, the 2009 nan still refuses to identify those col- cluding during the open hearing, I, Christmas Day bomber, Umar Farouk leagues, in spite of several direct re- along with other members, asked Mr. Abdulmutallab, was read his Miranda quests by the Intelligence Committee. Brennan questions about the leaks of rights 50 short minutes after being During the time in question, Mr. Bren- classified information, issues involving pulled off the airplane that he had just nan served as the CIA’s Deputy Execu- congressional oversight, interrogation, tried to bomb. It took 5 weeks before tive Director. We know he was privy to and detention matters. His responses he would again cooperate and no one information about the program, as we to many of these questions were very knows what intelligence might have have seen numerous documents he re- troubling and raised new concerns been lost during that delay. ceived during and after the interroga- about Mr. Brennan’s judgment, his re- Somali terror suspect Ahmed tion of Abu Zubaydah. luctance to commit to transparency Abdulkadir Warsame was held on a It is not just reasonable, it is ex- with Congress, and ultimately his can- naval ship and interrogated for 60 days pected our intelligence professionals, dor. Let me describe these concerns before being brought to a Federal especially those in leadership posi- more fully. Court, all because the administration tions, will speak up when they see ac- First, I am deeply disturbed by Mr. refused to send any more detainees to tions they believe are harmful to the Brennan’s responses to the committee Guantanamo Bay. agency or to others. Yet by Mr. Bren- regarding leaks of classified informa- Even in the months before the Osama nan’s own account, he stood by and let tion, especially the disclosure relating bin Laden raid, other than saying the CIA proceed down a path that he to the AQAP underwear bomb plot Guantanamo Bay was off the table, ad- says he believed to be morally wrong thwarted in May of 2012. Mr. Brennan ministration officials could not tell and likely to harm the long-term rep- acknowledged to the committee he had Congress where bin Laden would be utation of the CIA. This is not the told four media commentators we had held if he were captured. moral courage we expect, especially ‘‘inside control’’ of this bomb plot but Most recently, Ani al-Harzi, the only from those who are in a position to in- disputed assertions that this disclosure person held in connection with the Sep- fluence policy and operations. Unfortu- resulted in the outing of a source. It is tember 11, 2013, attacks in Benghazi nately, Mr. Brennan continues to insist undeniable that the day after his dis- that claimed the lives of four Ameri- that his official silence was entirely closure, there were dozens of stories in cans, was released by the Tunisians appropriate, and I could not disagree the media stating the plot was foiled and is now roaming about free because more. by a ‘‘double agent’’ or ‘‘undercover this administration would not take I am also troubled by Mr. Brennan’s agent’’ who posed as a willing suicide custody of him unless criminal charges apparent willingness to scuttle years of bomber. could be filed here in the United belief in the value of the information Mr. Brennan is poised to serve as the States. obtained from the CIA’s interrogation head of the Nation’s leading spy agency Mr. Brennan is not merely a staunch program simply because the recent in- where he will be privy to some of the and unapologetic advocate of this mis- terrogation study conducted by the most sensitive, if not all of the most guided policy, he is the driving force committee’s majority staff found oth- sensitive, and highly classified oper- behind it. erwise. In my view, the study is signifi- ations being conducted by the intel- By criminalizing the war on ter- cantly flawed, not the least of which ligence community. That he appar- rorism, this administration has tied being that not a single intelligence ently thinks he did nothing wrong in the hands of our intelligence interroga- community witness was interviewed. I this disclosure is very troubling, to say tors and appears to be avoiding oppor- am worried about the impact Mr. Bren- the least. tunities to capture terrorists in favor nan’s reversal will have on the morale We all know there is a big problem of just killing them or relying on our of those current CIA employees who with leaks of classified information. foreign partners to do our intelligence were involved in the program and We constantly deal with it in the com- collection for us. Mr. Brennan disputes whose own judgment and reputations mittee and seek to eliminate it. We this assertion and testified that he was are called into question by this study.

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.040 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1253 I expect when the CIA returns its com- role. Given the classified nature of in- these principles, he will find his job ments to the Intelligence Committee telligence activities, the committee will be much easier, as he will have about the accuracy of the report that serves as the eyes and ears of the earned the support and the trust of Mr. Brennan will not let his personal American people, and our responsi- Congress, and the country will be bet- views of the program interfere with the bility lies first and foremost to them. ter off for it. Assuming confirmation of professional assessment and analysis of That is not to say we will not defend Mr. Brennan, he will have my full co- CIA employees. the CIA or the rest of the intelligence operation and support, I expect nothing Finally, underlying all of these issues community against unjust attacks. We less from him, and I hope that all of are the principles of candor and trans- will. But the committee’s primary role my concerns will be put to rest. parency with Congress. Our Nation was is to conduct oversight, and we cannot With that, Madam President, I yield founded with three coequal branches of do that effectively without full co- the floor. government, each one providing checks operation from the intelligence com- Mr. UDALL. Madam President, I am and balances over the other in a man- munity as well as the administration. I voting today for the confirmation of ner specified in the Constitution. Fed- hope and expect Mr. Brennan will now John Brennan to head the Central In- eral law also imposes explicit obliga- give us that cooperation rather than telligence Agency, CIA. He is a quali- tions on the intelligence community, just what he views as an accommoda- fied nominee, and this position is too such as keeping Congress fully and cur- tion. important to our national security to rently informed of significant intel- The Director of the CIA has extensive remain vacant. Mr. Brennan is a 25- ligence activities. Ordinarily, during and direct interactions with Members year veteran of the Central Intel- confirmation hearings, nominees un- of Congress, especially those of us on ligence Agency. He has been an able ad- equivocally pledge their cooperation to the Intelligence Committee. During viser to President Obama and part of Congress. Yet during his confirmation sensitive operations or times of crisis, some of the most important national process, Mr. Brennan refused to give af- the Director is often one of the first to security decisions made during the last firmative answers when asked to com- communicate with Members. There 4 years, including the raid that killed mit to such cooperation. have been too many instances in the Osama bin Laden. For example, he pledged to only give past—under administrations of both John Brennan should be confirmed as ‘‘full consideration’’ to any request parties—in which facts were withheld CIA Director. While I am supporting that the committee be provided with from Members or information was his nomination, I want to make one raw intelligence, even though the com- painted in a particular light to suit thing clear: I am not satisfied by the mittee has been given such intelligence messaging needs, as we saw with the administration’s limited disclosure of in the past. When asked about the inex- Benghazi talking points. That is sim- documents outlining the legal jus- cusable problems the committee has ply unacceptable. tification for an extraordinary author- faced in trying to obtain documents If confirmed as the CIA Director, Mr. ity—to target and kill American citi- about the Benghazi attacks, Mr. Bren- Brennan’s credibility must be unques- zens in the course of counterterrorism nan promised only to try to reach an tionable. We expect our spy agencies to operations. I first called on the admin- accommodation with the committee if be very good at hiding the truth—but istration to provide Congress with its a similar situation should ever arise not with Congress. Here too Mr. Bren- legal justification in September 2011. again. This is hardly encouraging. nan will be an example that all CIA This was after a remotely piloted air- Some may say that Mr. Brennan was employees look to, and his own stand- craft strike in Yemen killed Anwar al- simply being honest and not overprom- ards of honesty and credibility in deal- Awlaki, an American-born citizen. It ising. I might agree but for the fact ing with Congress must be above and was clear that al-Awlaki was a senior this pattern of obstruction and lack of beyond all reproach. al-Qaeda leader who posed a threat to cooperation is becoming all too famil- In conclusion, let me say that I have American lives and deserved his fate. iar to the committee, and Mr. Brennan great confidence in the men and women Nevertheless, we are a nation of laws. has been involved in many of the deci- at the CIA. Each and every day they Congress has a vital oversight role and sions to withhold information from give this Nation their best, and for shared national security responsibility. Congress. that we are most grateful. They are the We are entitled access to full legal jus- For example, when the National most professional, best educated, and tifications for the President’s author- Counterterrorism Center was created, best operational intelligence agency in ity to target and kill an American cit- Congress gave it specific responsibility the world. They are unbelievable men izen, and an explanation of what limits to serve as the primary organization and women. My vote today is not a there are to that authority. These legal for strategic operational planning for message to them nor is it an indication precedents are constitutional issues of counterterrorism. For too long the of the faith I have in the CIA. My vote the highest order. committee has been refused full access is not personal toward Mr. Brennan; Last month, eleven United States to the resulting counterterrorism rather, it simply reflects my belief that Senators from both parties—including strategies, a decision for which Mr. the unauthorized disclosure of classi- myself—sent a letter to the President Brennan is directly responsible. Rather fied information is wrong regardless of requesting the release of all legal opin- than give us the strategies, the admin- whether you are on the front lines or ions justifying his authority to author- istration has proposed an ‘‘accommoda- you are an adviser to the President. ize the killing of American citizens as tion’’ to simply brief the committee, My vote also reflects my belief, espe- part of counterterrorism operations. but as of today we still have not been cially at this time in our history, that There has been some progress. The Jus- briefed, even though we are asked to the Director of the CIA should not sup- tice Department recently provided fund the strategies as well as their im- port detention and interrogation poli- many of these documents to members plementation. cies that are returning us to the pre- of the Senate Select Committee on In- There are other examples, including 9/11 days of elevating criminal charges telligence. However, I believe all of us the absurd restrictions that were re- over intelligence collection. In my in the Senate should be able to review cently placed by the White House on view, Mr. Brennan is on the wrong side these documents and fulfill our con- the review of the OLC opinions regard- of both of these issues. stitutional duty to conduct rigorous ing lethal strikes on U.S. citizens. It is I also believe Congress must be an congressional oversight. While I will incomprehensible that Congress is equal branch of the government, and support John Brennan’s confirmation being denied unfettered insight into this growing trend of refusing to co- today, I will continue to seek access to matters concerning the intentional operate with Congress must end. The these legal opinions so that the Senate killing of U.S. citizens. future and security of our country de- can fulfill its responsibility. During the confirmation process, Mr. pends on all of us working together. To Since the attacks on September 11, Brennan called on the Intelligence do that well, there must be trans- 2001, both Presidents Bush and Obama Committee to be the protector and de- parency and honesty. If confirmed as have claimed expansive wartime execu- fender of the CIA. That is not an accu- the CIA Director, Mr. Brennan has a tive authorities that have been sup- rate description of the committee’s tough job ahead of him. If he abides by ported in Justice Department legal

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.021 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1254 CONGRESSIONAL RECORD — SENATE March 7, 2013 opinions. We saw this in the previous After the hearing, I wrote to Mr. Central Intelligence Agency (CIA), I would administration with the issues of de- Brennan, pointing out that the Presi- appreciate your answers to the following tainee interrogation methods and ex- dent and senior administration offi- questions for the record. traordinary renditions. While we recog- In a November 2007 interview with CBS cials, including both lawyers and non- News, you stated, ‘‘I think it nize the administration’s authority to lawyers, had concluded that [waterboarding] is certainly subjecting an target and kill enemy combatants, the waterboarding is torture. I asked the individual to severe pain and suffering, targeting of American citizens in coun- question again, and again I got no di- which is the classic definition of torture.’’ terterrorism operations raises impor- rect answer. Mr. Brennan replied: Do you still hold that view today? tant constitutional questions. Congress You have asked for my position on whether During his January 2009 confirmation hear- shares constitutional authority for na- waterboarding constitutes ‘torture.’ I under- ing, Attorney General Holder stated tional security matters, and we must stand and appreciate your concern about the ‘‘waterboarding is torture’’ and pointed out be allowed to conduct oversight, which, use of waterboarding by the prior Adminis- ‘‘If you look at the history of the use of that tration. As I have made clear, I considered it technique used by the Khmer Rouge, used in in this case, includes reviewing the the inquisition, used by the Japanese and legal justifications of the executive reprehensible then and now, and I have been an unwavering supporter of the President’s prosecuted by us as war crimes. We pros- branch. When there is no oversight, ecuted our own soldiers for using it in Viet- abuses can occur. And I believe that decision to ban its use. I have also in the past stated that I believe waterboarding sub- nam.’’ During a press conference in April 2009, every administration must be held ac- jects a person to severe pain and suffering, President Obama said ‘‘waterboarding vio- countable, regardless of which party which is a common way of defining ‘torture.’ lates our ideals and our values. I do believe controls the White House. In addition, I have indicated in our prior that it is torture. I don’t think that’s just Mr. LEVIN. Madam President, I con- conversations and in my appearance before my opinion; that’s the opinion of many tinue to have some concerns about the Senate Select Committee on Intelligence who’ve examined the topic.’’ John Brennan, the President’s nominee on February 7, the term ‘torture’ is a legal In another press conference in November to serve as the next Director of Central term, and I defer to the Attorney General on 2011, President Obama said ‘‘Waterboarding Intelligence. matters of legal interpretation. is torture. It’s contrary to America’s tradi- First, I am troubled by Mr. Brennan’s Mr. President, I ask unanimous con- tions. It’s contrary to our ideals. That’s not unwillingness to state unambiguously sent that my letter to Mr. Brennan, who we are.’’ He continued, ‘‘If we want to that waterboarding is torture. At his and Mr. Brennan’s response, be printed lead around the world, part of our leadership hearing before the Intelligence Com- in the RECORD immediately after my is setting a good example. And anybody who mittee, I asked Mr. Brennan this ques- statement. has actually read about and understands the tion three times without getting a di- Second, I am troubled that, during practice of waterboarding would say that that is torture.’’ rect answer: the time that Mr. Brennan served on Finally, during his February 2009 confirma- SENATOR LEVIN: You’ve said publicly the staff of the National Security tion hearing to be Director of the CIA, Leon that you believe waterboarding is incon- Council—NSC, senior administration Panetta said ‘‘I believe that waterboarding is sistent with American values. It’s something officials consistently declined to pro- torture and that it’s wrong.’’ that should be prohibited, goes beyond the vide Congress with access to key legal Do you agree with President Obama, At- bounds of what a civilized society should em- torney General Holder, and Secretary Pa- ploy. memoranda relative to the use of tar- geted strikes against terrorist targets. netta that waterboarding constitutes tor- My question is this, in your opinion does ture? waterboarding constitute torture? Indeed, we were able to obtain access I would appreciate your prompt response MR. BRENNAN: The attorney general has to these memoranda only after it be- to these questions. referred to waterboarding as torture. Many came clear that Mr. Brennan might Sincerely, people have referred to it as torture. The at- have trouble being confirmed if they CARL LEVIN, torney general, premiere law enforcement of- Chairman. ficer and lawyer of this country. were not made available. And as you well know and as we’ve had the Third, I am troubled that, during the THE WHITE HOUSE, discussion, Senator, the term ‘‘torture’’ has time that Mr. Brennan served on the Washington, DC, February 25, 2013. a lot of legal and political implications. NSC staff, senior officials in the intel- It is something that should have been Hon. CARL LEVIN, ligence community and the NSC staff Chairman, Committee on Armed Services, U.S. banned long ago. It never should have taken apparently did not protest when U.N. place in my view. And, therefore, it is—if I Senate, Washington, DC. were to go to CIA, it would never, in fact, be Ambassador Susan Rice was rejected DEAR MR. CHAIRMAN: Thank you Mr. Chair- brought back. for the position of Secretary of State man, for your letter of February 20, 2013. SENATOR LEVIN: Do you have—do you on the basis of her public comments on You have asked for my position on whether have a personal opinion as to whether the Benghazi attacks, even though waterboarding constitutes ‘‘torture.’’ I un- waterboarding is torture? derstand and appreciate your concern about those comments were based on talking the use of waterboarding by the prior Admin- MR. BRENNAN: I have a personal opinion points produced by, reviewed by, and that waterboarding is reprehensible and it’s istration. As I have made clear, I considered something that should not be done. And, edited by those same officials. it reprehensible then and now, and I have again, I am not a lawyer, Senator, and I My concerns about Mr. Brennan’s un- been an unwavering supporter of the Presi- can’t address that question. responsiveness in these three areas are dent’s decision to ban its use. I have also in SENATOR LEVIN: Well, you’ve read opin- not sufficient to overcome the fact the past stated that I believe waterboarding ions as to whether or not waterboarding is that he is qualified to be Director of subjects a person to severe pain and suf- torture. And I’m just—I mean, do you accept Central Intelligence. But it is my hope fering, which is a common way of defining those opinions of the attorney general? that he will learn from this confirma- ‘‘torture.’’ In addition, I have indicated in That’s my question. our prior conversations and in my appear- MR. BRENNAN: Senator, you know, I’ve tion process and be more responsive to ance before the Senate Select Committee on read a lot of legal opinions. I’ve read an Of- congressional requests for information Intelligence on February 7, the term ‘‘tor- fice of Legal Counsel opinion in the previous in the future. ture’’ is a legal term, and I defer to the At- administration that said in fact There being no objection, the mate- torney General on matters of legal interpre- waterboarding could be used. rial was ordered to be printed in the tation. So from the standpoint of—of that, you RECORD, as follows: In closing, let me assure you that I fully know, I cannot point to a single legal docu- appreciate that the humane treatment of de- U.S. SENATE, ment on this issue. tainees is both a national security and a hu- COMMITTEE ON ARMED SERVICES, But as far as I’m concerned, waterboarding manitarian imperative. If I am confirmed to Washington, DC, February 20, 2013. is something that never should have been serve as Director of the Central Intelligence JOHN O. BRENNAN, employed and—and—and as far as I’m con- Agency, I will never approve the deployment Assistant to the President for Homeland Secu- cerned, never will be, if I have anything to of waterboarding under any circumstance, rity and Counterterrorism, The White do with it. and will do everything in my power to pre- House, Washington, DC. SENATOR LEVIN: Is waterboarding vent its use. DEAR MR. BRENNAN: I am troubled that, banned by the Geneva Conventions? Sincerely, MR. BRENNAN: I believe the attorney gen- during your confirmation hearing on Feb- JOHN O. BRENNAN, eral also has said that it’s contrary, in con- ruary 7th, you chose not to express your per- Assistant to the President for Homeland travention of the Geneva Convention. sonal opinion as to whether waterboarding Again, I am not a lawyer or a legal scholar constitutes torture. As the Senate Select Security and Counterterrorism. to make a determination about what is in Committee on Intelligence continues to con- The PRESIDING OFFICER. The Sen- violation of an international convention. sider your nomination to be Director of the ator from Wyoming.

VerDate Mar 15 2010 01:35 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.032 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1255 Mr. ENZI. Madam President, I yield is great news. However, it shouldn’t as U.S. citizens, particularly ‘‘no per- myself 10 minutes. have taken a U.S. Senator 12 hours of son shall . . . be deprived of life, lib- I would first associate myself with nonstop talking for the administration erty or property without due process of the remarks of the Senator from Geor- to acknowledge the simple fact that it law.’’ gia, Mr. CHAMBLISS, who is the ranking can’t kill Americans on American soil The first response Senator PAUL got member on the Intelligence Committee without a trial. back was everything short of a and has looked into this much deeper I wish to applaud Senator PAUL’s straightforward answer. This adminis- than I would ever be able to. I appre- courage and conviction last night as he tration did not rule out the possibility ciate the comments, the depth, and stood on the Senate floor for nearly 13 of using drones against Americans on knowledge he has imparted on that. hours defending our rights under the U.S. soil. This is particularly problem- So I would be in opposition of the Constitution. Senator PAUL deserves atic, because our Constitution does not nomination of John Brennan for CIA recognition for standing up for the say the fifth amendment applies when Director. American people and bringing this the President or Attorney General The administration hasn’t been issue to light. And it is an issue that I thinks it applies. But it raises the con- forthcoming in answering a vitally im- and many of my constituents in the cern about the willingness of the White portant question of whether Americans State of Wyoming find very troubling. House to act transparently. could be killed by a drone on American In fact, as I traveled around Wyo- There is no reason why it should have soil without first being charged—— ming a couple weeks ago, it became taken so long for the administration to Mr. REID. Madam President, would abundantly clear that people are very acknowledge they don’t have the au- the Senator from Wyoming yield for a concerned over the administration’s thority to kill Americans on U.S. soil unanimous request? disregard for constitutionally guaran- without due process of law—specifi- The PRESIDING OFFICER. Would teed individual rights. cally to deny someone the right to a the Senator yield? Drones—unmanned aerial vehicles— judge and jury and a trial. The fifth Mr. ENZI. I yield to the Senator from have been made famous by their use in amendment was written with this par- Nevada. our war on terrorism. For a number of ticular form of government abuse in Mr. REID. Madam President, I ask years these weapons have served in op- mind and it was more than appropriate unanimous consent that the time on erations in Iraq and Afghanistan with for Congress to ask this question in its the Republican side be limited to 15 success. However, the use of drones for oversight role. minutes, with Senator PAUL—and how both military and civilian purposes We know, and our legal system recog- much time does my friend from Wyo- abroad and domestically is increasing. nizes, that you don’t get due process ming need? According to the Congressional Re- when you are actively attacking our Mr. ENZI. I asked for 10, but I could search Service, the Federal Aviation soldiers or our government. However, do it in 8. Administration predicts 30,000 drones that wasn’t the question Senator PAUL Mr. REID. Eight minutes. Everybody will fill the skies in less than 20 years. posed. Congress needed clarification else is gone. Although many of these uses will like- from the administration on this nomi- I ask unanimous consent that the ly be for civilian purposes—disaster re- nation. In order to build faith and con- time on the Republican side be limited lief, border control, crime fighting, and fidence in our Nation’s military and in- to 15 minutes for Senator PAUL and 8 agricultural crop monitoring—the use telligence community, we also need minutes for Senator ENZI; that fol- of drones raises new privacy and civil transparency and responsiveness in the lowing the use or yielding back of time liberty questions for U.S. citizens. questions raised by Congress. on the nomination, the mandatory The first concern raised by the use of I will not be supporting John Bren- quorum under rule XXII be waived; the drones is how it may impact on our nan’s nomination because of the lack Senate proceed to vote on the cloture fourth amendment rights: U.S. citizens of transparency and timeliness on this motion; that if cloture is invoked, the have the right to be free from unrea- important matter, and the reasons Senate proceed to vote on confirmation sonable searches and seizures. Drones given by the Senator from Georgia. of the nomination, without intervening push the limits of what could be con- Madam President, I yield the floor action or debate; further, that the mo- sidered reasonable. Courts generally and reserve the remainder of my time. tion to reconsider be considered made recognize that U.S. citizens have sub- The PRESIDING OFFICER. The Sen- and laid on the table, with no inter- stantial protections against ator from Kentucky. vening action or debate; that no fur- warrantless government intrusions Mr. PAUL. Madam President, yester- ther motions be made in order to the into the home, and that the fourth day I spent a considerable amount of nomination; that President Obama be amendment offers less robust restric- time on the floor talking about the immediately notified of the Senate’s tions on public places. However, drones idea of whether Americans are pro- action and the Senate then resume leg- begin raising the question of what is tected by the fifth amendment al- islative session. reasonable when it comes to the expec- ways—whether you can be targeted for The PRESIDING OFFICER. Is there tation of privacy in one’s driveway or drone strikes in America without your any objection? even backyard. due process rights; whether you get Without objection, it is so ordered. In a speech last night, Senator PAUL your day in court if you are accused of Mr. REID. Madam President, I extend reiterated additional constitutional a crime in America. I asked this ques- my appreciation. There is no one in the concerns that he has been seeking an tion directly to the President, and I am Senate who is more courteous and answer on for a number of weeks. The pleased to say that we did get a re- thoughtful than Senator ENZI, and I ap- administration just now responded, but sponse this morning. The response preciate his assistance. it raises the concern about the willing- from the Attorney General reads: Mr. ENZI. I thank the Senator very ness of the White House to act trans- It has come to my attention that you have much. parently. a question. Does the President have the au- As I was mentioning, this adminis- When it comes to important matters thority to use a weaponized drone to kill an tration hasn’t been forthcoming in an- of national security and constitutional American not engaged in combat on Amer- swering the vitally important question liberties, we should all be asking our- ican soil? The answer to that question is no. of whether Americans could be killed selves why it took a U.S. Senator 12 So it has taken a while, but we got by a drone on American soil without hours of nonstop talking for the De- an explicit answer. I am pleased we did. first being charged with a crime or partment of Justice to acknowledge And, to me, I think the entire battle being found guilty in a court of law. the simple fact that it cannot kill was worthwhile, one, because we got to This should have been a very simple American citizens on American soil have a lot of discussion about when can answer. without a trial. Senator PAUL asked a drones be used—particularly when can White House Press Secretary Jay straightforward question and deserved a drone strike be used against an Carney stated today that the adminis- a straightforward answer in a timely American on American soil? tration does not have the authority to manner. His question hit right at the The reason this is important is often kill Americans on American soil. That heart of the fifth amendment—rights drones are used overseas toward people

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.023 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1256 CONGRESSIONAL RECORD — SENATE March 7, 2013 who are not actively engaged in com- of John Owen Brennan, of Virginia, to and the Senator from New Jersey (Mr. bat. I am not saying they are not bad be Director of the Central Intelligence LAUTENBERG) are necessarily absent. people or they might have previously Agency shall be brought to a close? Mr. CORNYN. The following Senator been in combat. But the thing is, we The yeas and nays are mandatory is necessarily absent: the Senator from have to have a higher standard in our under the rule. Louisiana (Mr. VITTER). country. We can’t have an allegation The clerk will call the roll. The PRESIDING OFFICER. Are there from the country that says you are an The legislative clerk called the roll. any other Senators in the Chamber de- enemy combatant or that you are asso- Mr. DURBIN. I announce that the siring to vote? ciated with terrorism. That is an alle- Senator from California (Ms. BOXER) The result was announced—yeas 63, gation. and the Senator from New Jersey (Mr. nays 34, as follows: If you are e-mailing somebody who is LAUTENBERG) are necessarily absent. [Rollcall Vote No. 32 Ex.] a relative of yours in the Middle East, Mr. CORNYN. The following Senator YEAS—63 and they may or may not be a bad per- is necessarily absent: the Senator from Alexander Flake Mikulski son, it doesn’t automatically make you Louisiana (Mr. VITTER). Baldwin Franken Murkowski Baucus Gillibrand Murphy guilty; if we label you an enemy com- The PRESIDING OFFICER. Are there Begich Graham Murray batant and say you are guilty, you any other Senators in the Chamber de- Bennet Hagan Nelson don’t get your day in court, and that is siring to vote? Blumenthal Harkin Pryor just not American. The yeas and nays resulted—yeas 81, Brown Hatch Reed Burr Heinrich Reid We have many soldiers from my nays 16, as follows: Cantwell Heitkamp Rockefeller State, from Fort Campbell and Fort [Rollcall Vote No. 31 Ex.] Cardin Hirono Rubio Knox, who fight overseas for us. They YEAS—81 Carper Johnson (SD) Schatz are fighting for the Bill of Rights. They Casey Kaine Schumer Alexander Flake Mikulski Coats King Shaheen are fighting for the Constitution. So I Ayotte Franken Murkowski Coburn Kirk Stabenow consider it to be our duty to stand and Baldwin Gillibrand Murphy Collins Klobuchar Tester fight for something we all believe in, Baucus Graham Murray Coons Landrieu Udall (CO) Begich Hagan Nelson Corker Levin Udall (NM) and that is that the protections of the Bennet Harkin Paul Cowan Manchin Warner Bill of Rights are yours. When you are Blumenthal Hatch Portman Donnelly McCain Warren accused of something, you get your day Blunt Heinrich Pryor Durbin McCaskill Whitehouse Brown Heitkamp Reed Feinstein Menendez Wyden in court. Burr Hirono Reid So I am very pleased to have gotten Cantwell Hoeven Rockefeller NAYS—34 this response back from the Attorney Cardin Isakson Rubio Ayotte Heller Portman General of the United States. I think Carper Johanns Sanders Barrasso Hoeven Risch Casey that Americans should see this battle Johnson (SD) Schatz Blunt Inhofe Roberts Chambliss Johnson (WI) Schumer Boozman Isakson Sanders that we have had in the last 24 hours as Coats Kaine Scott Chambliss Johanns Scott something that is good for the country, Coburn King Shaheen Cochran Johnson (WI) Sessions Collins Kirk Stabenow and something that should unite Re- Cornyn Leahy Shelby Coons Klobuchar Tester Crapo Lee Thune publicans and Democrats in favor of Corker Landrieu Thune Cruz McConnell Toomey the Bill of Rights. Cornyn Leahy Toomey Enzi Merkley Wicker Madam President, I suggest the ab- Cowan Levin Udall (CO) Fischer Moran Cruz Manchin Udall (NM) Grassley Paul sence of a quorum. Donnelly McCain Warner The PRESIDING OFFICER (Ms. WAR- Durbin McCaskill Warren NOT VOTING—3 REN). The clerk will call the roll. Feinstein Menendez Whitehouse Boxer Lautenberg Vitter Fischer Merkley Wyden The legislative clerk proceeded to The nomination was confirmed. call the roll. NAYS—16 The PRESIDING OFFICER. Under Mrs. FEINSTEIN. Madam President, Barrasso Heller Roberts the previous order, the motion to re- I ask unanimous consent that the order Boozman Inhofe Sessions consider is considered made and laid Cochran Lee for the quorum call be rescinded. Shelby upon the table. The President will be The PRESIDING OFFICER. Without Crapo McConnell Wicker Enzi Moran immediately notified of the Senate’s objection, it is so ordered. Grassley Risch action. Mrs. FEINSTEIN. Madam President, NOT VOTING—3 VOTE EXPLANATIONS I yield back all time. ∑ Mrs. BOXER. Madam President, I The PRESIDING OFFICER. Without Boxer Lautenberg Vitter was unavoidably absent from the votes objection, it is so ordered. The PRESIDING OFFICER. On this related to the nomination of John vote the yeas are 81 and the nays are CLOTURE MOTION Brennan to be Director of the Central 16. Three-fifths of the Senators duly Under the previous order, pursuant to Intelligence Agency. Had I been chosen and sworn having voted in the rule XXII, the Chair lays before the present, I would have voted yea on the affirmative, the motion is agreed to. Senate the pending cloture motion, motion to invoke cloture and yea on The PRESIDING OFFICER. Under which the clerk will report. the nomination.∑ the previous order, the question is on The legislative clerk read as follows: ∑ Mr. VITTER. Madam President, I confirmation of the Brennan nomina- CLOTURE MOTION could not participate in the nomina- tion. We, the undersigned Senators, in accord- tion of John Brennan to be Director of Mrs. FEINSTEIN. I ask for the yeas ance with the provisions of rule XXII of the the CIA because of a family obligation and nays. Standing Rules of the Senate, hereby move in Louisiana. to bring to a close debate on the nomination The PRESIDING OFFICER. Is there a I strongly support Senator PAUL’s fil- of John Owen Brennan, of Virginia, to be Di- sufficient second? rector of the Central Intelligence Agency. ibuster, oppose the use of drones in this There appears to be a sufficient sec- country, and oppose both cloture and Harry Reid, Dianne Feinstein, John D. ond. Rockefeller IV, Debbie Stabenow, the confirmation of John Brennan.∑ There is a sufficient second. Sherrod Brown, Jack Reed, Benjamin f L. Cardin, Thomas R. Carper, Chris- The question is, Will the Senate ad- topher A. Coons, Robert P. Casey, Jr., vise and consent to the nomination of LEGISLATIVE SESSION Mark L. Pryor, Bill Nelson, Mark John Owen Brennan, of Virginia, to be The PRESIDING OFFICER. The Sen- Begich, Barbara A. Mikulski, Patty Director of the Central Intelligence ate will resume legislative session. Murray, Carl Levin, Joe Manchin III. Agency? f The PRESIDING OFFICER. By unan- The clerk will call the roll. imous consent, the mandatory quorum The assistant legislative clerk called MORNING BUSINESS call has been waived. the roll. Mrs. MURRAY. Madam President, I The question is, Is it the sense of the Mr. DURBIN. I announce that the ask unanimous consent that the Sen- Senate that debate on the nomination Senator from California (Mrs. BOXER) ate proceed to a period of morning

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.024 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1257 business until 6 p.m., with Senators tually have even made it more costly ing inherently wrong with bottling permitted to speak for up to 10 minutes for everyone, but they have managed soda or running a grocery store. What each. to impose that cost on the public. is wrong is when you knowingly pass The PRESIDING OFFICER. Without There is even a word for these on the cost of your exploding bottle, objection, it is so ordered. offloaded costs. They are externalities, your waste disposal, or your carbon Mrs. MURRAY. Madam President, I the harms that are caused that are ex- pollution to everybody else. suggest the absence of a quorum. ternal to the company. This is not Oil and coal companies have been The PRESIDING OFFICER. The complicated. It is econ 101. It is also sending carbon pollution into the at- clerk will call the roll. law 101. mosphere since the Industrial Revolu- The assistant legislative clerk pro- Seventy years ago a soda bottle ex- tion. When these industries started, ceeded to call the roll. ploded and injured the hand of a wait- the risks were poorly understood. Mr. WHITEHOUSE. Madam Presi- ress named Gladys Escola. Ms. Escola Today they know better. They know dent, I ask unanimous consent that the sued the bottler. The court decision what the harm is that they are doing, order for the quorum call be rescinded. has been in most every law student’s and they continue. When they lie and The PRESIDING OFFICER. Without first-year classes ever since. pretend those costs aren’t out there— objection, it is so ordered. In a famous concurrence, Justice leaves? What leaves? There is no gar- Mr. WHITEHOUSE. I ask unanimous Traynor ruled in the case of Escola v. bage in the park. Your hand is just consent to speak for 15 minutes. Coca-Cola Bottling Company that the fine, Mrs. Escola—and when they pay The PRESIDING OFFICER. Without cost of Ms. Escola’s injury should fall people to lie and pretend those costs objection, it is so ordered. on the bottler. His logic was simple and aren’t out there, well, that is all just f clear: They made the bottle. If they did flat wrong. And when they do it with not have to pay for the injuries explod- CLIMATE CHANGE fat campaign contributions, slick lob- ing bottles caused, they would just byists, and marauding super PACs, Mr. WHITEHOUSE. I am back to keep making exploding bottles. If you that makes it worse. That is dirty pool. again urge my colleagues to wake up to made them responsible for the explod- It is a market failure. It takes unfair the stark reality of climate change. We ing bottles they made, they would have advantage of competing energy sources often hear in this Chamber colleagues a big incentive to improve their bottles that don’t pollute so much, and it extolling the virtues of the market- and everyone would be safer. makes the competition between them place. Indeed, a fair and open market- As Judge Traynor said 70 years ago, unfair. The big oil companies and the place is the cornerstone of our econ- ‘‘Public policy demands that responsi- coal barons are no different than the omy. Markets work—not perfectly al- bility be fixed wherever it will most ef- grocery store dumping its garbage in ways but better than any other mecha- fectively reduce the hazards.’’ the park or the factory spilling its nism. This idea that you shouldn’t be able waste into the river. They are not bear- Paraphrasing Winston Churchill, one to offload your costs and have the ing the costs of their product, and they might say that markets are the worst park, the river, or Ms. Escola’s hand are cheating on their competitors. form of setting prices and exchanging pay the price is not new, and it is not There is a right way to do it. They fig- goods, except all of the other methods unusual. Frankly, we see it in our own ured out how to do it the wrong way that have been tried. But markets only lives. It is also fairness 101, as well as and have other people pick up the tab. work when they are fair. Markets are econ 101 and law 101. You may not rake When it comes to carbon pollution, not fair if the price of goods does not your lawn and throw the leaves over economists can estimate the true cost take all the costs into account. the fence into your neighbor’s yard. of dirty energy. It is often called the A grocery store, for instance, has to The principle is the same—they are ‘‘social cost of carbon.’’ The social cost pay to have its garbage removed. It has your leaves, and you clean them up. of carbon includes the financial con- to build that garbage removal into its What do soda bottles and yard work sequences of a change in climate, such prices. And that is the right thing. have to do with climate change? The as property loss, increased health care That is the market working. If that very same principle applies. We now costs, and loss of productivity that grocery store can recycle or compact know how much harm carbon pollution come with heat waves, drought, heavy or composite its trash and make re- is causing. We see the costs all around rains, sea-level rise, habitat shifts, moval cheaper and lower its prices, us in storm-damaged homes, flooded ocean warming, and acidification. then that is right too. That is the mar- cities, in drought-stricken farms, rag- We recently learned from NOAA that ket working. But if a second grocery ing wildfires, in dying coral and dis- their scientists predict that worldwide, store down the street breaks the law appearing fish, in shifting habitats and the average summertime loss in labor and throws its garbage into the park migrating diseases, in changed seasons capacity will double by 2050, as the cli- next door and then competes with and rising seas, in vanishing glaciers mate warms and periods of extreme lower prices, that is not a market in and melting icecaps. These are costs. heat become more frequent and more proper operation. That is not a fair In some cases they are economic costs. intense, affecting labor-intensive out- market. That is just one person cheat- People lose money. The owner of a ski door work such as construction and ing another. lodge, for example, losses money when farming. That is a social cost of car- If a factory makes a product and the ski season gets shorter and shorter. bon. treats its waste, that is part of its cost. In some cases they are personal costs, Of course, certain costs can be hard That is good. That is how it is supposed such as not being able to take your to predict. How do you calculate the to be. If the factory can figure out how granddaughter to the stream near cost of an extinct species? What does it to treat its waste more efficiently and where you grew up because it is dried cost to leave to our children and grand- lower prices, terrific. That is also the up or the beach island you used to ex- children warmer, more acidic, less bio- market at work. But a factory down plore as a kid because it is underwater. diverse oceans? These calculations may the river that breaks the law by dump- In some cases the cost is life-and- not always be perfect, but that doesn’t ing its waste into the river may have death. Powerful storms and severe heat make the costs any less real. For in- better prices as a result, but that is not waves take a deadly toll. These are real stance, in my home State of Rhode Is- a fair market. costs, and they come as a result of car- land, the costs to our fishermen of The value of open and fair markets is bon pollution. these changes is very real. lost when people cheat, when they off- These costs, however, are not In the final tally, economists tell us load their costs onto the general pub- factored into the price of the coal or oil that big carbon emitters are unloading lic. The garbage in the park, the waste that is burned to release the carbon. a big cost onto the public and onto fu- in the river—the grocery store down The big oil companies and the coal bar- ture generations. On average, esti- the street and the factory down the ons have offloaded those costs onto so- mates of the social cost of carbon are river—does not reduce costs; businesses ciety. about $48 per ton of carbon dioxide—$48 just offloaded them onto their neigh- There is nothing inherently wrong per ton that these big businesses dodge bor, onto the rest of us. They may ac- with producing energy. There is noth- and that we all pay for.

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.029 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1258 CONGRESSIONAL RECORD — SENATE March 7, 2013 Whatever the exact dollar amount, it leagues a job fair—a job fair where 1,300 these countries and the regions are sta- is time for Congress to wake up and people showed up. They showed up ble and economically vibrant, we re- start discussing these very real costs. early, stayed late, and interviewed for duce the number of times we are drawn This is why I am working with several jobs with dozens of employers. It was a into humanitarian crises or security colleagues to establish a fee on carbon personal reminder of how many people crises and we improve the lot of hun- pollution. We hope to have a draft in my home State and across this great dreds of millions of Africans who then framework soon to start this discus- country of ours continue to look for go on in a virtuous cycle of building sion. The idea is simple: The big carbon work in this recovery that is still too their trade relationships with us. polluters pay a fee to the American slow. It is a reminder that one of our As I have heard time after time, it people to cover the cost of dumping core challenges in the government is to takes firsthand personal engagement, their waste into our atmosphere and do what we can to create an environ- it takes trade missions, it takes being oceans—the costs they now push off ment of opportunity and an environ- there in person to grasp the scope of onto the rest of us, giving them unfair ment of economic growth where the the opportunities and to respond to advantage against their competitors. people we work for have a shot at a them responsibly. To do that well, it I am pleased to participate in an ef- better job. takes American diplomats and Amer- fort to determine how best to assess a One of the things I think we can do is ican representatives there on the carbon pollution fee, how to protect to seize opportunities in the global ground. American manufacturers from overseas markets, because 95 percent of con- I won’t soon forget meeting with a competition that is cheating, and how sumers worldwide actually live beyond head of state in West Africa on a trip to protect middle- and low-income fam- our borders. As the chair of the Sub- with another Senator last year, and he ilies. It has been recognized by Repub- committee on Africa, on the Senate asked us why America isn’t more licans and Democrats alike that a car- Foreign Relations Committee, I wanted present; why we don’t send more trade bon pollution fee can reduce emissions to take some time today to draw the delegations. He said, the Brazilians and help make the market more effi- attention of those in this Chamber and were here last week, the Indians are cient. those who watch us around the country coming next week, and the Chinese Last month Senator SANDERS and to the enormous opportunity presented practically live here. As I have learned Senator BOXER introduced related leg- by the continent of Africa. in the past year, we are not doing islation, and I commend them for their Too often the impression of Africa in enough as a country, as a government, efforts. I also wish to commend Sen- the American media and in the popular as a Congress to promote investments ator BOXER this week, as chairwoman imagination is one that focuses on cri- and to see this opportunity for what it on the Environment and Public Works ses—on very real humanitarian or se- is. Committee, for beginning a regular ap- curity crises—in a few countries such Well, others have seen the oppor- pearance on the floor to draw this as Somalia or Mali or Congo. The aver- tunity and have seized it. Just to pick Chamber’s attention to the dangers of age American, the average Member of one, China has actually exceeded the carbon pollution. I hope more col- this Chamber, often overlooks a United States in terms of its total leagues will join us in this important changed reality in the last decade—a amount of exports to Africa of just a discussion. It is economics 101, it is law decade in which 6 of the 10 fastest few short years ago. It has rocketed 101, and it is fairness 101. growing economies on Earth were in past us. The amount of foreign direct We have had enough sleepwalking. sub-Saharan Africa. In fact, studies investment, the amount of export and We have had enough silence. We have show in the decades to come that num- import sales between China and Africa been warned by our national defense ber will simply increase to seven. has grown dramatically. In fact, it has and intelligence communities, we have So what are we to make of all this grown far more rapidly than the United been warned by the national acad- opportunity in Africa? There are some States. Even though we have long- emies, we have been warned by the Fortune 500 companies—well-known standing and positive relationships, I Government Accountability Office, we household names such as Coca-Cola, fear we will wake up and discover that have been warned by the overwhelming Caterpillar, DuPont-Pioneer—that China has secured long-term contracts consensus of the scientific community, have seen this opportunity and are tak- that lock in their interests for decades and, of course, we are hearing from ing advantage of it. They have recog- and lock out American companies, millions of concerned Americans. It is nized a vast and rapidly growing mid- American employers, and American in- time for this Congress to wake up and dle class in countries such as Nigeria, terests. to put a price on carbon pollution that Chad, Ethiopia, and Rwanda—not ex- The World Bank recently predicted matches the costs of carbon pollution. actly household name countries and Africa is on the verge of a takeoff, We won’t get it done if we don’t wake not exactly countries the average much as we saw happen in the Pacific up to what is happening all around us. American thinks of as having great Rim or in India or in Central America I yield the floor, and I note the ab- world markets. But these companies over the last 20 years. In my view, we sence of a quorum. have penetrated these markets and have to engage now. When we grow our The PRESIDING OFFICER (Mr. have recognized the opportunity that exports to parts of the world such as COONS). The clerk will call the roll. lies within. Africa, it grows American jobs and The bill clerk proceeded to call the It is important they have done that high-quality jobs. Every billion dollars roll. in no small part with help from the in exports we send overseas supports Mr. COONS. Mr. President, I ask U.S. Government. But as I held two another 5,000 U.S. jobs. Last year, U.S. unanimous consent that the order for hearings last year on this sub- exports overseas supported more than 7 the quorum call be rescinded. committee, and we met—the folks who million jobs. The PRESIDING OFFICER (Mr. work with me and myself—with folks I salute the initiative of the Presi- WHITEHOUSE). Without objection, it is from think tanks and from companies dent and the Department of Commerce so ordered. and embassies, we realized we could do which are focused on trying to do more f this better; we could be more stream- business with Africa, and to do it more lined, more targeted, and more focused wisely. But, frankly, we need to do JOB CREATION in the work we are doing to take ad- more. So as chairman of the Sub- Mr. COONS. Mr. President, I rise vantage of this remarkable oppor- committee on Africa of the Foreign Re- today to reflect on how we can do what tunity. lations Committee, along with my we so often say we want to do here in It is also, frankly, in our strategic friend and partner in the last Congress, the Senate, and that is to help grow national interest for us to do a better Senator JOHNNY ISAKSON of Georgia, I our American economy, to help create job of promoting U.S.-Africa trade, be- convened a series of hearings to focus jobs for people from our home States cause as African economies grow, it on U.S. economic statecraft in Africa, and from all across our country. promotes free markets, democratic val- to gather data, to have conversations, Yesterday, in my State of Delaware, ues, good governance, and stability in and to learn the facts about what we I cohosted with my congressional col- African countries. And by ensuring need to do to be more competitive.

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.041 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1259 I have released a report today called This chart shows those countries that plementing these recommendations in ‘‘Embracing Africa’s Economic Poten- have the fastest growing economies, an integrated way is to listen to each tial,’’ which offers concrete rec- and these are the few places where we other, to embrace them, and move for- ommendations to the U.S. Govern- have representatives from USAID or ward across the several committees of ment—actions we can take right now, from the Department of Commerce. jurisdiction, across the 10 different often in partnership with our private In short, my point is there are many Federal agencies and entities, and to sector and with African governments, countries that have strongly growing develop a coordinated plan for taking to strengthen our trade relationship economies where we have no represen- advantage of this remarkable part of between the United States and the tation. We have, in fact, zero U.S. For- the world that can also grow American countries of sub-Saharan Africa. Any- eign Commercial Service officers in jobs. one interested can download a copy at five of the six countries listed here as We have an opportunity to seize this coons.senate.gov/africa. Our report having the fastest growing economies. moment and to promote economic en- makes six recommendations, none of In fact, we only have six officers in all gagement, to strengthen the American which involves spending a single dime of sub-Saharan Africa, compared with economy and to advance the values of of additional taxpayer money. In fact, significantly higher numbers in Asia freedom and democracy around the it recommends ways to use what and elsewhere. world. Make no mistake, though, today money we already spend on exploring I am concerned the reason for this is we are falling short. We are failing to and expanding into the market of Afri- that Commerce isn’t forward looking grasp this opportunity as strongly and ca more efficiently and more effec- in its resource allocation and doesn’t clearly as our competitors are. We can tively. So let’s look at the rec- see the scale of the opportunities in Af- act on a number of smart legislative ommendations in the report. rica. Although I was grateful that Act- proposals, including the Increasing First, it suggests we work with our ing Secretary Blank made a trade mis- American Jobs Through Greater Ex- African partners to remove barriers to sion trip to Africa late last year, that ports to Africa Act, which I cospon- trade. Trade is impeded in Africa by ev- was the first time in a decade a U.S. sored in the last Congress along with erything from poor governance, unreli- Secretary of Commerce had made a Senators DURBIN and BOZEMAN, and able infrastructure, complex tariffs, to visit to the continent, and there is which I hope we will reintroduce short- corruption. There are solutions the much more we need to do. ly to establish a comprehensive U.S. United States has already offered and Our fifth recommendation is to bol- strategy for public-private investment, there are efforts already underway by ster support for the agencies that fi- trade, and development in sub-Saharan American businesses in partnership nance and support U.S. commercial en- Africa. At the same time, the adminis- with our African partners. In par- gagement overseas, particularly in Af- tration can, and I hope will, do more to ticular, USAID has set up regional rica. These agencies, the Export-Im- coordinate strategy and use our re- trade hubs that have done great work port Bank—known as Ex-Im—and the sources effectively. in breaking through barriers to grow- Overseas Private Investment Corpora- The report we have issued today I ing regional trade. But we can and tion, known as OPIC—issue political hope will be seen as a wake-up call. If should do more. risk insurance and help with financing, we fail, we will wake up 10 years from Second, reauthorize and strengthen particularly financing to markets now and we will see jobs and opportuni- the African Growth and Opportunity where they don’t yet have a robust ties we might have grasped taken by Act, better known as AGOA, in advance banking sector and where the rule of our competitors. It is my hope we will of its expiration in 2015. This legisla- law is less certain. These agencies are not watch these opportunities pass us tion has been hugely successful in pro- smart investments that actually gen- by but will, instead, take advantage of moting African exports into the Amer- erate real returns for American tax- this remarkable moment and this great ican market and in building mutually payers and contribute to the bottom opportunity. reinforcing relationships between the line for the American Federal Govern- Mr. President, I yield the floor, and I United States and the continent. I ment. suggest the absence of a quorum. think we can do even more to create Our sixth and last recommendation is The PRESIDING OFFICER. The jobs both in the United States and Af- to engage the community of African- clerk will call the roll. rica by diversifying products covered born individuals who now live in the The bill clerk proceeded to call the by AGOA, by improving its utilization United States—the so-called diaspora roll. by African countries, by ensuring its communities—to strengthen economic Mr. WHITEHOUSE. Mr. President, I benefits are mutually beneficial be- ties. Who better to serve as an Amer- ask unanimous consent that the order tween our country and Africa, and by ican representative of the system, and for the quorum call be rescinded. not waiting until the 11th hour to act who better to take on the spirit of en- The PRESIDING OFFICER (Mr. on reauthorization. trepreneurship and penetrate African COONS). Without objection, it is so or- Senator ISAKSON, and many in this markets than those born, raised, or dered. Chamber, worked very hard to secure connected to African countries and f reauthorization of the third country who have been educated in the United CLIMATE CHANGE fabric provision of AGOA last year, but States and have been successful here it took longer than it should have and and now have the resources and oppor- Mr. WHITEHOUSE. Mr. President, I it was more difficult than it needed to tunity to reconnect with their coun- would like to add to the remarks I be. It is my hope, working together tries of origin or the countries of their made a moment ago about climate with colleagues here and in the House, families. We can and must do more to change to respond to some statements we can get a jump on this in advance of strengthen these resources, and I was that have been made recently on the 2015. pleased to get a chance to speak at the Senate floor on this subject. The third recommendation is to im- second annual diaspora conference As those of us who are advocates in prove coordination between the many hosted by the Department of State last the cause of doing something about cli- U.S. Government agencies working on year. It is my hope we will invest fur- mate change know, the polluters and trade policy to develop a comprehen- ther in this untapped resource—some- their advocates have an advantage: sive strategy for investment in sub-Sa- thing that distinguishes the United They only have to create doubt, they haran Africa. As many as 10 different States from our competitors in other only have to create debate in order to Federal agencies are responsible for parts of the world who do not have the create delay and allow the polluters to parts of trade policy and international blessing of a strong diaspora commu- continue making money at the expense development. So making sure they are nity as we do. of the rest of us. That means the argu- working together efficiently is a good So in short, each of these six rec- ments, frankly, don’t have to be true; way for us to ensure success. ommendations will get us closer to our they just have to be made. Then they Fourth, we need to increase the pres- goal of a more vibrant, a faster grow- can say there is still debate, then they ence of the U.S. Foreign Commercial ing and more sustainable U.S.-Africa can say there is still controversy, both Service in critical areas in the region. trade relationship. But the key to im- of which are self-fulfilling prophecies.

VerDate Mar 15 2010 00:18 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.042 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1260 CONGRESSIONAL RECORD — SENATE March 7, 2013 But they are not real, and some of This is the other statement that was emissions but added that recent advances in what has been said is pretty flagrant. made: fuel efficiency and renewable energy have not done enough to curb climate change. One of the lead Senate deniers came I don’t think anyone disagrees with the ‘‘For the sake of our children and our fu- to the floor the other day to challenge fact that we actually are in a cold period ture, we must do more to combat climate that started about 9 years ago. President Obama. President Obama change,’’ Obama said. ‘‘Now, it’s true that no said this in his State of the Union Ad- Let’s look at the facts. This is the single event makes a trend. But the fact is, dress: temperature data. The green represents the 12 hottest years on record have all come But the fact is, the 12 hottest years on the actual data. The red line is a sta- in the last 15. Heat waves, droughts, record have all come in the last 15. Heat tistically derived mean of all that in- wildfires, floods—all are now more frequent waves, droughts, wildfires, and floods—all formation. It is something that is done and more intense.’’ are now more frequent and intense. mathematically. It is not amenable to In 2012, the country experienced severe My denier colleague quoted him. And weather threats including drought, a dev- argument; it is not amenable to debate. astating Hurricane Sandy and severe thun- to quote my colleague, he said—refer- You can do it using different methods, ring to the President: derstorms. We decided to fact-check whether but it is clear from that data set that the 12 hottest years on record have all come The President said, yes, it’s true that no we are in fact in a warming period, not since 1998. single event makes a trend. But the fact is The White House directed us to NASA’s that the 12 hottest years on record have all a cooling period. So how do you get to say that in 9 Goddard Institute for Space Studies, which come in the last 15. That is just flat wrong. tracks global surface temperatures. The in- So why don’t we just take a look and years we are in a cooling period? Well, if you go back a few years here, you see stitute concluded that 2012 was the ninth- see where the President got his infor- warmest year on record, with 2010 and 2005 mation so we can put this into some there are some high points, and if you being the all-time highs. perspective. The President got his in- pick just those high points and then For the contiguous United States, 2012 was formation from NASA. Maybe people in you go forward 9 years, you can draw a the country’s warmest year yet. It beat the this body are more capable than NASA graph that goes down. But you have to previous record by one degree Fahrenheit. be very careful how you pick your Reto Ruedy, a program manager at the at dealing with scientific things, but Goddard Institute, told PolitiFact that the when you consider that NASA has put points to create that illusion. You can actually do it, if you want, repeatedly institute’s data produces the following rank- an explorer on the surface of Mars, I ing of hottest years. Items on the same line think they are entitled to some cre- in the data. You could pick this point are statistically tied. dence about basic science. And they and have it go down. You could pick 1–2: 2010, 2005 agree—in fact, Reto Ruedy, a program this point and have it go down. You 3–8: 2007, 1998, 2002, 2003, 2006, 2009 manager at the Goddard Institute, has could pick this point and have it go 9–12: 2012, 2011, 2001, 2004 13: 2008 laid out the actual years. Some of down, and this, and this. For each one of those points, you 14: 1997 these are statistical ties because they 15: 1995 are equally hot. could say: Well, during this period, it This analysis shows that 13 of the warmest The No. 1 and 2 hottest years, accord- was actually a cold period. It was actu- years have occurred in the past 15 years. Al- ing to them, are 2010 and 2005. The No. ally a cooling period. ternately, one could say that 12 of the warm- 3 through 8 hottest years are 2007, 1998, But when you look at the actual in- est years came in the last 13. 2002, 2003, 2006, and 2009. The 9th formation and when you look at the We see a few other issues to note. The NASA data set isn’t the only one through 12th hottest years recorded are statistically driven mean that cuts through all the data, it is pretty clear available. The National Oceanic and Atmos- 2012, 2011, 2001, and 2004. If you go to pheric Administration also analyzes global the 13th year, it is 2008. The 14th and that to try to look at it this way is surface temperatures using its own method- the 15th are 1997 and 1995. All of the 15 playing tricks with the data. It is play- ology. The two measurements diverge some- hottest years on record are 1995 and ing games and trying to fool people. It what—NOAA considers 2012 the 10th-warmest thereafter. The top 12, all have hap- is twisting and distorting the data. year on record since records began in 1880, pened 1998 and thereafter. I think that is a less-than-honest ap- rather than the ninth. It is not just NASA’s data set that plication of these facts. So if that is However, NOAA’s data for land and ocean confirms this. NOAA also looks at the the sort of misleading statistical trick temperature anomalies shows that 14 of the the polluters and their advocates have past 15 years were the hottest on record. same information. They come at it a There are other ways one could measure little bit differently—and they do have to resort to, that is just another re- ‘‘hottest years.’’ Kevin Trenberth, a scientist a difference. I will concede that. NOAA minder that it really is time for us to with the National Center for Atmospheric considers 2012 to be the 10th warmest wake up and get to work on this. There Research, agreed with the 13-of-15 calcula- year on record instead of the 9th. That is no credible scientific debate over tion. But he added that the NASA and NOAA is the difference between NASA and what carbon pollution is doing to our values refer to global mean surface tempera- NOAA. And we are talking about atmosphere and our oceans, and it is ture. ‘‘One could define ‘hottest’ in other records going back to 1880, so it is a pretty darned clear that it is warm- ways, such as by how much Arctic sea ice broad data set. ing—and warming pretty fast. there is,’’ he said. If you look at NOAA’s data, it actu- I appreciate the opportunity for this OUR RULING ally shows that 14 of the past 15 years clarification. Obama said, ‘‘The 12 hottest years on were the hottest on record. Ditto the I yield the floor, and I suggest the ab- record have all come in the last 15.’’ Data National Center for Atmospheric Re- sence of a quorum. from NASA shows 13 of the hottest years on record have come in the last 15, and by a dif- search. The PRESIDING OFFICER. The ferent data set produced by NOAA, 14 of the Of course, as many of us know, in po- clerk will call the roll. hottest years on record have come in the last litical life there is a group out there Mr. WHITEHOUSE. Mr. President, I 15. Obama was actually over-cautious in his called Politifact that takes a look at ask unanimous consent that the order statement, so we rate his statement True. claims that are made in the public de- for the quorum call be rescinded. f bate and politics, and they assign them The PRESIDING OFFICER. Without ‘‘true’’ to ‘‘pants on fire.’’ They looked objection, it is so ordered. TRIBUTE TO RAYMOND DAVIS at the President’s claim that the 12 Mr. WHITEHOUSE. Mr. President, I Ms. MIKULSKI. Mr. President, I rise hottest years on record have come in ask unanimous consent that the today to recognize the distinguished the last 15 years. They gave the Presi- Politifact article that I referred to in public service of Raymond Davis, who dent a ‘‘true.’’ Indeed, they said: my remarks be printed in the RECORD. for 40 years has served the U.S. Senate, Obama was actually overcautious in his There being no objection, the mate- first for the Architect of the Capitol statement, so we rate his statement true. rial was ordered to be printed in the and later as a technical assistant and So we have one denier—a Senator— RECORD, as follows: information specialist in the Office of against NASA, against Politifact, BARACK OBAMA SAYS THE 12 HOTTEST YEARS Public Records for the Secretary of the against NOAA, and against the Na- ON RECORD HAVE COME IN THE LAST 15 YEARS Senate. His institutional knowledge tional Center for Atmospheric Re- During his State of the Union address, and understanding of filing processes search. I think it is pretty clear who President Barack Obama touted the coun- and disclosure laws have been invalu- has the facts on their side. try’s progress in reducing carbon pollution able in helping the Senate fulfill its

VerDate Mar 15 2010 00:46 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.044 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1261 commitment and obligation to open- cuit Judge for the District of Columbia began in a desert, but today, it is a ness and transparency, while his kind Court. fountain of culture, innovation and in- and helpful character has been a ben- f dustry. efit to everyone in the Senate commu- This didn’t happen overnight, COMMEMORATING ISRAEL’S 65TH nity. though. David Ben-Gurion and the ANNIVERSARY Raymond first worked for the Archi- founders of Israel had a great vision for tect of the Capitol where he was tasked Ms. STABENOW. Mr. President, this their country. They built Israel from with jobs from busing tables at lunch- year marks 65 years since the State of scratch, turning the arid land into fer- time to flying flags over the Capitol Israel was born, and I wish to speak tile farms and thriving cities. Building. He was soon hired as a clerk today about the importance of that oc- Israel is a leader in innovation for by the Secretary of the Senate and casion and the celebration that will creating, sustaining, preserving and would go on to serve in the Office of take place in communities all across saving lives through its work in agri- Public Records taking on responsibil- the world. culture and health care. It is also en- ities ranging from lobbying registra- Our country has a deep friendship hancing life through its innovation in tion to campaign finance disclosure. with Israel, dating back to just 11 min- technology, alternative energy and so During his many years of service, utes after its creation on May 14, 1948, many other fields. Raymond always put customer service when President Harry Truman became Today, Israel is among the top three first. Candidates who filed a Senate one of the first world leaders to recog- countries in the world in terms of pat- campaign report, and Senators and nize Israel’s independence. ents per capita, and number one in staff members who filed a financial dis- Our two nations have always been terms of startup businesses per capita. closure report or other Senate report, friends and allies in our struggle to Israel is also a leader in clean energy encountered Raymond’s efficient and make the world a safer place. I am research and development, and is help- very capable assistance. Over the proud of our long friendship and our ing to create the power the world years, he also assisted those filing lob- shared values. needs. bying registrations and reports. The When Israel was founded, the Jewish The Israeli people are leaders in cele- public, the press and researchers have people finally had a home. The new brating life, as evidenced by their hu- all benefitted from his knowledge and State provided not only a refuge to manitarian works and their pioneering guidance in the Office of Public Jews who survived the unprecedented medical advances that will save and Records. horrors of the Holocaust, but also a improve people’s lives, and they are Raymond is known throughout the place to begin anew. Even in such a making a real difference throughout Senate community, to those who fre- tough and unforgiving climate, the the world. quent his office and to those who look Jewish people knew they could build a Israel continues to serve as a shining forward to his cheerful greeting each country that could help change the model of democratic values, and an im- day in the halls, as a friendly and wel- world. portant presence in the region; it coming colleague. An avid sportsman, The Walk the Land 65 project is the shows the world that democracy can Raymond was a slugger for the Senate perfect way to celebrate Israel’s anni- survive—and—thrive anywhere people Document Room softball team and a versary. The theme of this year’s walk wish to be free. regular at Senate coed football and is to celebrate life, and people all I am proud of our friendship, and I Capitol Hill touch football league across the world will join together and am proud to help celebrate Israel’s 65th games. walk through their communities by Anniversary with the Walk the Land 65 Through his deft knowledge and honoring Israel’s gifts to the world, es- Project. faithful customer service, Raymond pecially those regarding life: creating Congratulations to the people Israel has significantly contributed to the life, sustaining life, saving life, pre- and everyone involved in this wonder- functioning of this institution. He has serving life, enhancing life, protecting ful project. been an important mentor to others, life, improving life, cherishing life, helping to train staff and pass on the nurturing life and beautifying life. f knowledge he gained in four decades of As a collaboration between the Afikim Foundation, the World Zionist OBSERVING INTERNATIONAL work. WOMEN’S DAY The Senate can be proud of Raymond Organization and the Israel Ministry of Davis’ legacy of public service. We are Public Diplomacy and Diaspora Affairs, Mr. CARDIN. Mr. President, I rise grateful for his many contributions, Walk the Land 65 is showing the world today to speak about International and we wish him well in retirement and just how important Israel’s contribu- Women’s Day. International Women’s all his future endeavors. tions to the world really are. Day is an occasion to honor and praise f I am pleased to see walks taking women for their accomplishments and place across my home State of Michi- to celebrate women who are making a VOTE EXPLANATIONS gan: in Flint, Grand Rapids and Metro difference, both here in America and Mr. UDALL of Colorado. Mr. Presi- Detroit. around the world. Already this year, we dent, due to unexpected family com- Every religious, cultural and ethnic have seen advances for women in the mitments, I was unable to cast a vote group across the State is an important United States. In January, former Sec- relative to rollcall vote Nos. 22, 23, 25, thread in Michigan’s rich cultural fab- retary of Defense Leon Panetta an- 28, 29, and 30. Had I been present, I ric. We in Michigan are proud of our nounced that women in the military would have voted in the following man- Jewish communities and their con- can now join their male colleagues on ner: yea on the nomination of Robert tributions to our State. the front line. America’s military is E. Bacharach to be U.S. Circuit Judge One important attribute that the the greatest in the world and it has for the Tenth District, yea on the mo- people of Israel share with the people been made stronger with the promise of tion to invoke cloture on the nomina- of the United States is our system of equal opportunity for women and men. tion of Charles T. Hagel to be Sec- values. Both countries are lands of Last month, we reauthorized the Vio- retary of Defense, yea on the nomina- freedom and democracy. While these lence Against Women Act, which pro- tion of Jacob L. Lew to be Secretary of two countries were formed at very dif- vides victims of domestic violence with the Treasury, yea on the nomination of ferent times, they both uphold and the services they desperately need. Katherine Failla to be U.S. District honor critical freedoms—freedom of We need to ensure that women across Court Judge for the Southern District speech, freedom of religion, freedom of the world, not just in the United of New York, nay on Senate amend- association, freedom of the press, and States, have the same liberty to deter- ment No. 25 related to elimination of government by the consent of the gov- mine the scope of their own lives and funding for the National Security erned. futures. Unfortunately, in far too many Working Group, and yea on the motion This foundation has led to a country nations women face extraordinary ob- to invoke cloture on the nomination of that truly celebrates life and works to stacles. A woman’s ability to earn a Caitlin Joan Halligan to be U.S. Cir- improve life across the world. Israel sustained income is severely limited by

VerDate Mar 15 2010 00:46 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.030 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1262 CONGRESSIONAL RECORD — SENATE March 7, 2013 cultural norms and lack of oppor- mington, as well as a pioneer for civil Redding took the case, ultimately win- tunity, which explains why women rep- rights and racial equality in our State. ning a judgment in the Supreme Court resent nearly 70 percent of the world’s It is a fitting tribute the flags in Wil- that private discrimination on State poor. And if extreme poverty and des- mington were lowered to half-staff in owned property violated the Equal Pro- titution weren’t enough, women his honor. tection Clause of the U.S. Constitution. around the world are under attack. Judge Williams was a towering figure Judge Williams’ involvement in that Worldwide, 1 in 3 women will experi- in Delaware history, but to my wife, case changed the course of Delaware ence some form of violence in her life- Annie, and me, he was first and fore- history. Yet he never saw himself as a time. Women and girls in emergencies, most a beloved neighbor. Judge Wil- hero, just as somebody trying to serve conflict settings, and natural disasters liams lived down the street from us on his community. All of us will miss him often face extreme violence. The World Woodlawn Avenue and was always deeply. We will keep Judge Williams’ Health Organization has reported that quick with a honk and a wave when he wife, Andrea, and his three children, up to 70 percent of women in some drove by in his truck. We will miss his Leonard Jr., Dena, and Garrett, in our countries describe having been victims fellowship and his kindness. prayers as we grieve.∑ of domestic violence at some stage in When he passed away this weekend, I f their lives. was in Alabama attending the Faith REMEMBERING ZORA BROWN When we discuss the issues of poverty and Politics Institute’s Congressional and violence against women, we cannot Civil Rights Pilgrimage led by Rep- ∑ Mrs. FEINSTEIN. Mr. President, think of them in isolation. They work resentative JOHN LEWIS. There is po- today I wish to honor the life, legacy in tandem, feeding off of one another. etry in the timing, as Judge Williams’ and service of Zora Brown. Zora, who Violence against women and girls is lifetime commitment to the civil passed away March 3, 2013 at the age of both a major consequence and cause of rights movement continually reminded 63, was a forceful advocate for cancer poverty; the two go hand-in-hand. Vio- me that our country’s great promise research and breast cancer awareness. lence prevents women and girls from cannot be truly realized until full As a three-time breast and ovarian getting an education, going to work, equality is achieved. cancer survivor, Ms. Brown turned her and earning the income they need to In his youth, Judge Williams worked experience into a lifetime of tireless lift themselves and their families out as a clerk at a store on Market Street work to help others affected by cancer. of poverty. in Wilmington. One day he witnessed a I had the honor and pleasure of meet- I believe in the power of women to robbery and needed to appear in munic- ing Zora last summer when she partici- change the world, and empowering ipal court to give his testimony. When pated in a Senate Cancer Coalition women is one of the most critical tools he entered, he was told ‘‘Coloreds’’ forum focused on breast cancer. At the in our tool box to fight poverty and in- could not sit on the left side of the forum, she spoke poignantly and clear- justice. Integrating the unique needs of room, that area was reserved for ly about the impact of breast and ovar- women into our domestic and inter- whites. Years later, Leonard Williams ian cancer on her family, and on the national policies is critical. Decades of would become a judge, presiding over African-American community. Zora’s research and experience prove that that very courtroom. message was not one of despair, but when women are able to be fully en- Judge Williams not only lived rather one of hope and perseverance. gaged in society and hold decision- through the civil rights movement, he She compared her own experience with making power, they are more likely to helped shape it. cancer to that of her grandmother and invest their income in food, clean He grew up in a large family in Wil- great-grandmother, and highlighted water, education, and health care for mington and attended primary and sec- how recent advances in cancer research their children. Investment in women ondary school before Brown v. Board of gave her knowledge and treatment op- creates a positive cycle of change that Education and the desegregation of the tions that the other women in her fam- lifts women, families, and entire com- Wilmington public school system. Be- ily never had. munities out of poverty. fore 1950, black students could not at- Throughout her career, Zora founded In January, President Obama issued tend the University of Delaware. A and was associated with countless or- a memorandum on the coordination of landmark civil rights lawsuit changed ganizations dedicated to the fight policies and programs to promote gen- that and enabled Judge Williams to at- against cancer. After her first diag- der equality and empower women glob- tend UD on a football scholarship. He nosis with breast cancer in 1981, Zora ally. This memo recognizes that co- became one of the first black students founded the Breast Cancer Resource ordinating gender equality and empow- to graduate from the University of Committee, an organization dedicated ering women is critical to effective Delaware and entered law school at to lowering the breast cancer mor- international assistance across all sec- Georgetown University. When he was tality rate among African Americans. tors such as food security, health care, admitted to the Delaware Bar in 1959, She later founded and served as Chair- governance, climate change, and he was only the fifth African American person of Cancer Awareness Program science and technology. attorney in Delaware’s history. Services, CAPS, providing comprehen- Our Nation has the potential to be a As a young lawyer, Judge Williams sive educational and prevention pro- true leader in empowering women partnered with Louis Redding, Dela- grams focusing on cancers affecting across the globe, ending gender-based ware’s first black attorney and the women. In 1991, President Bush ap- discrimination in all forms, and ending very lawyer who argued Parker v. Uni- pointed her to the National Cancer Ad- violence against women and girls versity of Delaware, the case which visory Board of the National Cancer In- worldwide. And on this International opened UD to black students. At the stitute, which helps steer the insti- Women’s Day, let us join together to time, African Americans were denied tute’s policy. She served on the board continue to fight for the rights of access to restaurants, theaters, and until 1998. Due in part to Zora’s influ- women both at home and abroad. other places of public accommodation ence and persistent advocacy, Congress in Delaware and around the country. appropriated $500,000 for breast and cer- f One day in 1958, William Burton, a vical screening for low-income, unin- ADDITIONAL STATEMENTS member of the Wilmington City Coun- sured inner city women. In addition, cil, entered the Eagle Coffee Shoppe she has been a part of the American but was refused service. The res- Association for Cancer Research, the REMEMBERING JUDGE LEONARD taurant, like many in Wilmington at U.S. Conference of Mayors’ Cancer L. WILLIAMS the time, would not serve African- Awareness Campaign, and the Board of ∑ Mr. COONS. Mr. President, today I Americans. Because the restaurant Health in her hometown of Oklahoma wish to pay tribute Judge Leonard L. leased space from the Wilmington City. Williams, a great Delawarean who Parking Authority, Burton filed suit in With Zora’s passing we have lost a passed away this past weekend at the the Delaware Court of Chancery great leader and advocate in the fight age of 78. Judge Williams was a re- against the restaurant and the parking against cancer. Her passion, grace, and spected attorney and judge in Wil- authority. Judge Williams and Louis ability to connect with others were

VerDate Mar 15 2010 01:29 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.016 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1263 qualities that made a lasting impact. It This top-ranked team has been led by Latter-day Saints churches glint against the is now up to all of us to carry on her the trio of Nick Emery, Eric Mika, and Wasatch Mountains, is the home of what legacy and work toward our shared T.J. Haws. But they are more than just many consider the nation’s best high school boys’ basketball team. dream of conquering cancer for every- three players. They are a full team For the past two years, the Knights of one. It was an honor to spend time with that has worked together for many Lone Peak High School, a team of lanky, her and hear through her eloquent years under head coach Quincy Lewis. long-armed teenagers who look only slightly words and fighting spirit how cancer Now in his 10th year as the head coach more imposing than a chess club, have not touched her life and how she chose to at Lone Peak, Coach Lewis has a prov- just been beating opponents, they have been use her personal experience to make a en track record of leading his players, crushing them. At 23–1, the Knights have been ranked as true difference in our world. My heart- not only to victories on the basketball court but also to becoming fine young the best high school team in the country for felt condolences go out to her family more than a month by the Web site Max and loved ones.∑ men in the community. Preps and are working their way through the Last week, before the Knights won f Utah state playoffs, which end Saturday. the State championship, he was named While Lone Peak has lost to in-state oppo- LONE PEAK HIGH SCHOOL the Naismith national coach of the nents just three times in the past three BASKETBALL TEAM year. I want to congratulate him on years, its success nationally is especially ∑ Mr. HATCH. Mr. President, I rise this honor. surprising. The Knights have won by an aver- today to congratulate and express my Another thing that is different about age of nearly 28 points this season, including this team is that many of these young tournament victories over top teams from great pride and admiration for the Pennsylvania, Illinois and California. young men of the Lone Peak High men will give up 2 years of their lives and serve missions for the Church of ‘‘There was one team we played that was School basketball team. literally laughing when we were warming On Saturday, March 2, 2013, Lone Jesus Christ of Latter-Day Saints. up,’’ the senior center Eric Mika said with a Peak won the Utah State High School Nick Emery has already received his chuckle. ‘‘And we beat them by 50.’’ basketball championship for the fifth mission call and will leave for Ger- Unlike many top high school teams that lure talented players from outside their im- time in 7 years. Now that alone is a many shortly after high school gradua- tion. Talon Shumway has been re- mediate area, Lone Peak, which has a stu- great accomplishment. However, in ad- dent body of about 2,300, pulls players from dition to winning another State cham- cruited to play college football as a re- ceiver but will serve a mission first. the pruned streets of Alpine and Highland— pionship, the Lone Peak Knights are small communities tucked in the foothills It takes a lot of faith and dedication ranked as the best high school team in about 30 miles from Salt Lake City, so to put such a promising career on hold named by Mormon settlers because the land- the country by the Web site Max Preps. for 2 years. Having served such a mis- This team has flown somewhat under scape reminded them of the Swiss Alps and sion myself I know that there is no the radar to achieve their top ranking. Scottish Highlands. time for basketball or football when The Knights—led by Mika and guards Nick Indeed, not many people expected a you are in the mission field. Emery and T.J. Haws—have ascended to the team from Utah to dominate like they The Lone Peak Knights have finished top of the national rankings as relative un- have. the season as the top high school bas- knowns, a feat made more remarkable by the But the Knights have not shied away ketball team in the United States, simple fact that they hail from a region not from competition. No, they have trav- recognized for basketball prowess. something that has never been done by ‘‘We know we’re different whenever we eled around the country for the past a school from the State of Utah. It couple of years playing some of the walk into a gym,’’ said Coach Quincy Lewis, might not be done again. But I have to who has a 206–35 record over the past decade. best high school basketball teams in say that there are young people all ‘‘But our guys walk in there with a chip on the Nation. over my home State that have been in- their shoulder. We know we have something For example, this season they trav- spired by this team and will want to to prove because, honestly, the other teams eled to Chicago to play in the Chicago follow in their footsteps. don’t have a great deal of respect for us.’’ Elite Classic and defeated powerhouse Once again, Mr. President, I want to Then Lone Peak starts playing. Its style is a fearless, careening brand of basketball, Proviso East by a score of 84 to 46. Pro- congratulate the Lone Peak Knights on viso East is currently 25 to 3 and built on 3-pointers, lobs and dunks, seem- a wonderful season. It has been quite ingly more suited for a playground than the undefeated in their Chicago conference. something to follow this story all sea- movie ‘‘Hoosiers.’’ Lone Peak then played in the City of son long, and I know that my admira- ‘‘They play like inner-city teams; how Palms Tournament in Ft. Meyers, FL, tion is shared by many throughout my blacks consider black teams play,’’ said Ty- winning their first three games before State and, indeed, throughout the rone Slaughter, who coaches Whitney Young suffering their only defeat of the sea- country. High School in Chicago, which is ranked sev- son at the hands of Montverde Acad- As I mentioned, the three leaders on enth in the country. ‘‘I don’t know any other emy, which is another nationally way to put it. this team get most of the headlines, ‘‘So many times we see the predominantly ranked high school team. but their success has really been a white teams play a conservative style, a pre- It needs to be said that there is a dif- team effort and they all deserve rec- cise style of basketball,’’ he said. ‘‘When you ference between Lone Peak and teams ognition. In addition to Emery, Haws, see this team play, it is completely dif- like Montverde. Lone Peak draws its and Mica, the Lone Peak roster in- ferent.’’ students and players from within its cludes the following players: McKay Last season, Lone Peak beat Whitney school boundaries in Highland and Al- Webster, Connor Toolson, Zach Young in a double-overtime game at the pine, UT. Montverde is a college prep Frampton, Brooks Goeckeritz, Chan- Beach Ball Classic tournament in Myrtle Beach, S.C., a performance that helped bur- school that recruits players from all dler Goeckeritz, Talon Shumway, nish its reputation. over the country to come and play bas- Braden Miles, Dylan Hedin, Braxton Emery set the tournament’s four-game ketball. Bruni, Jantzen Allphin, Marcus Acton, scoring record with 119 points. Word of the Lone Peak again travelled out of the and Spencer Curtis. Knights’ lopsided victories spread around State of Utah this season and defeated Mr. President, the New York Times Chicago. Now, Slaughter said, if a team is Wesleyan Christian Academy—another published an article by Dan Frosch last blown out, it is said to have been Lone private school that recruits basketball week that highlighted the achieve- Peaked. ments of these young men. I ask unani- The most apparent reason for the team’s players—in the feature game at the success is the triumvirate of Mika, Emery Under Armor Brandon Jennings Invita- mous consent that it be printed in the and Haws, players, Lewis says, who ‘‘don’t tional in Brookfield, MA. RECORD. come around very often for anybody, I don’t The Knights’ final foray outside the There being no objection, the mate- care what program you’re a part of.’’ State of Utah was in mid-January rial was ordered to be printed in the The 6-foot-2 senior Emery, who averages 19 when they defeated Archbishop Mitty RECORD, as follows: points, and the 6-4 junior Haws, who scores 17 a game, are continuing a family tradition at from San Jose, CA, at the Spaulding [From the New York Times, Feb. 26, 2013] Lone Peak. Hoopball Classic in Springfield, MA. OUT WEST, REACHING THE SUMMIT Emery’s older brother, Jackson, who grad- That game was televised by ESPN and (By Dan Frosch) uated from the school in 2005, was named Lone Peak won by a decisive score of 81 HIGHLAND, UT.—Here, among a string of Utah’s Mr. Basketball and was a co-captain to 46. quiet Mormon towns, where the spires of at Brigham Young with Jimmer Fredette.

VerDate Mar 15 2010 01:29 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.017 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1264 CONGRESSIONAL RECORD — SENATE March 7, 2013 Haws’s older brother, Tyler, was also a An older man wondered aloud if all three for a ceremony to award the Congressional Lone Peak standout and was 10th in the were heading to B.Y.U. Gold Medal to Professor Muhammad Yunus. country in scoring with a 20.9 points-a-game By midway through the fourth quarter, the average at B.Y.U. entering Tuesday’s games. game long in hand, Lewis pulled most of his f The 6-foot-10 Mika, who averages 16 points, starters, with Mika, Haws and Emery ac- MEASURES REFERRED is in his first season at Lone Peak after counting for 69 of the team’s 98 points in a transferring from a private school, but he 41-point victory. The following bills were read the first has known Haws and Emery since they were The three friends sat on the bench, laugh- and the second times by unanimous fourth graders playing on youth teams to- ing, leaping up when their backups scored consent, and referred as indicated: gether. and politely chatting with curious fans wan- H.R. 338. An act to amend title 18, United ‘‘I feel this is really a once-in-a-life team,’’ dering down for a closer look. States Code, to include certain territories said Haws, who can make 3-pointers from be- It may have been an away game, but this and possessions of the United States in the yond the N.B.A. range or slash through the ∑ was home. definition of State for the purposes of chap- lane with moves that have earned him f ter 114, relating to trafficking in contraband YouTube fame. Lewis has coached many of his players MESSAGES FROM THE PRESIDENT cigarettes and smokeless tobacco; to the since grade school at clinics and camps. Committee on the Judiciary. Every summer, he takes the team to play Messages from the President of the H.R. 668. An act to amend section 1105(a) of against Amateur Athletic Union squads United States were communicated to title 31, United States Code, to require that around the country. the Senate by Mr. Pate, one of his sec- annual budget submissions of the President Most A.A.U. teams, the equivalent of se- retaries. to Congress provide an estimate of the cost per taxpayer of the deficit, and for other pur- lect youth soccer clubs, choose marquee f players from around their region. And it is poses; to the Committee on the Budget. rare for a high school team to compete EXECUTIVE MESSAGES REFERRED f against what are essentially all-star rosters. As in executive session the Presiding ‘‘We have had very few teams that have Officer laid before the Senate messages MEASURES PLACED ON THE competed at that level in term of how they CALENDAR play together, shot selection and chem- from the President of the United istry,’’ said Greg Procino, the director of States submitting sundry nominations The following bill was read and events and awards at the Basketball Hall of which were referred to the appropriate placed on the calendar: Fame, which also hosted a tournament that committees. H.R. 933. An act making appropriations for Lone Peak excelled at in 2011 and another in (The messages received today are the Department of Defense, the Department which the team performed well in January. printed at the end of the Senate pro- of Veterans Affairs, and other departments There is, of course, something else that ceedings.) and agencies for the fiscal year ending Sep- sets the Knights apart. tember 30, 2013, and for other purposes. A flip through the team program finds f f plenty of references to Mormonism, whether MESSAGES FROM THE HOUSE it is players noting that the last book they read was the Book of Mormon or affirming At 10:03 a.m., a message from the MEASURES READ THE FIRST TIME their life goals as serving a mission and House of Representatives, delivered by The following bill was read the first marrying. Mr. Novotny, one of its reading clerks, time: Lone Peak players freely discuss how reli- announced that the House has passed S. 505. A bill to prohibit the use of drones gion unites them. When the team is on the the following bills, in which it requests road and needs to practice, it will call up the to kill citizens of the United States within local Mormon bishop and ask to use the the concurrence of the Senate: the United States. small gym typically attached to each Mor- H. R. 338. An act to amend title 18, United f mon church. States Code, to include certain territories ‘‘A couple of summers ago, we were in Bos- and possessions of the United States in the EXECUTIVE AND OTHER ton,’’ Mika said. ‘‘Someone was like: ‘Oh, definition of State for the purposes of chap- COMMUNICATIONS you guys are all Mormon. How many moms ter 114, relating to trafficking in contraband do you have? You guys all brothers?’ We just cigarettes and smokeless tobacco. The following communications were laugh.’’ H. R. 668. An act to amend section 1105(a) laid before the Senate, together with Mika, Emery and Haws have committed to of title 31, United States Code, to require accompanying papers, reports, and doc- play at B.Y.U., 30 minutes away. All have that annual budget submissions of the Presi- uments, and were referred as indicated: also decided to go on missions. For Emery, dent to Congress provide an estimate of the EC–618. A communication from the Admin- an explosive guard and the most highly re- cost per taxpayer of the deficit, and for other istrator, Agricultural Marketing Service, cruited of the three, that means leaving for purposes. Department of Agriculture, transmitting, Germany in May and probably not playing H. R. 933. An act making appropriations for pursuant to law, the report of a rule entitled organized basketball for two years. the Department of Defense, the Department ‘‘Sweet Cherries Grown in Designated Coun- ‘‘A lot of factors went into it,’’ he said of of Veterans Affairs, and other departments ties in Washington; Decreased Assessment his decision. ‘‘I’ve grown up in the Gospel. and agencies for the fiscal year ending Sep- Rate’’ (Docket No. AMS–FV–12–0026; FV12– And I’ve wanted to serve a mission since I tember 30, 2013, and for other purposes. 923–1 IR) received in the Office of the Presi- was a young kid. I’ll have four years when I The message also announced that dent of the Senate on February 27, 2013; to come home.’’ the Committee on Agriculture, Nutrition, Lewis recalled that Bill Self pulled Emery pursuant to 22 U.S.C. 6913 and the order and Forestry. aside after he had starred at a University of of the House of January 3, 2013, the EC–619. A communication from the Under Kansas basketball camp, saying, ‘‘You’re Speaker appoints the following Mem- Secretary of Defense (Acquisition, Tech- good enough to play here.’’ ber on the part of the House of Rep- But it is difficult to ask coaches whose ca- nology and Logistics), transmitting, pursu- resentatives to the Congressional-Ex- ant to law, a report relative to the Depart- reers rest on immediate success to commit ecutive Commission on the People’s to a top high school prospect who plans to ment of Defense taking essential steps to Republic of China: Mr. WALZ of Min- take two years away from basketball. award a multiyear contract for 32 E–2D Ad- ‘‘The way people look at this state, they nesota. vanced Hawkeye (AHE) aircraft, with a Vari- say, ‘If we go in there and recruit kids, we ation in Quality-type clause of up to 37 air- know they’re probably L.D.S.,’ ’’ or Latter- At 2:02 p.m., a message from the craft, in fiscal years 2014 through 2018 in the day Saints, ‘‘ ‘kids, and they’re going on a House of Representatives, delivered by second quarter of 2014; to the Committee on mission and that’s not how our program is Mr. Novotny, one of its reading clerks, Armed Services. set up,’ ’’ Lewis said. announced that the House agreed to EC–620. A communication from the Chief For now, however, Lone Peak is seeking a Counsel, Federal Emergency Management the following concurrent resolutions, Agency, Department of Homeland Security, fifth state championship in seven years—the in which it requests the concurrence of title game is Saturday—and a chance to brag transmitting, pursuant to law, the report of that it ended the season as the country’s top- the Senate: a rule entitled ‘‘Suspension of Community ranked team. H. Con. Res. 14. Concurrent resolution per- Eligibility’’ ((44 CFR Part 64) (Docket No. At a recent road game against Bingham mitting the use of the rotunda of the Capitol FEMA–2012–0003)) received in the Office of High School, the gym roared with hundreds for a ceremony as part of the commemora- the President of the Senate on March 4, 2013; of fans from across the region who had come tion of the days of remembrance of victims to the Committee on Banking, Housing, and to see Lone Peak for themselves. of the Holocaust. Urban Affairs. ‘‘Which are the three guys we were watch- H. Con. Res. 20. Concurrent resolution per- EC–621. A communication from the Prin- ing again?’’ a woman asked her husband. mitting the use of the rotunda of the Capitol cipal Deputy Assistant Secretary for Fish

VerDate Mar 15 2010 01:29 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.034 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1265 and Wildlife and Parks, National Park Serv- Small Business Administration, transmit- law, the report of a rule entitled ‘‘Amend- ice, Department of the Interior, transmit- ting, pursuant to law, the report of a rule en- ment of Section 73.202(b), Table of Allot- ting, pursuant to law, the report of a rule en- titled ‘‘Small Business Size Standards: Ad- ments, FM Broadcast Stations (Greenup, Illi- titled ‘‘Special Regulations; Areas of the Na- ministrative and Support, Waste Manage- nois)’’ (MB Docket No. 12–225; RM–11668; DA tional Park System, National Capital Re- ment and Remediation Services’’ (RIN3245– 12–1976) received in the Office of the Presi- gion, Demonstrations and Special Events’’ AG27) received in the Office of the President dent of the Senate on February 14, 2013; to (RIN1024–AD89) received during adjournment of the Senate on March 4, 2013; to the Com- the Committee on Commerce, Science, and of the Senate in the Office of the President mittee on Small Business and Entrepreneur- Transportation. of the Senate on March 1, 2013; to the Com- ship. EC–641. A communication from the Chief of mittee on Energy and Natural Resources. EC–632. A communication from the Deputy the Policy Division, International Bureau, EC–622. A communication from the Prin- General Counsel, Office of Technology, Small Federal Communications Commission, trans- cipal Deputy Assistant Secretary for Fish Business Administration, transmitting, pur- mitting, pursuant to law, the report of a rule and Wildlife and Parks, National Park Serv- suant to law, the report of a rule entitled entitled ‘‘Reporting Requirements for U.S. ice, Department of the Interior, transmit- ‘‘Small Business Size Regulations, Small Providers of International Telecommuni- ting, pursuant to law, the report of a rule en- Business Innovation Research (SBIR) Pro- cations Services; Amendment of Part 43 of titled ‘‘Special Regulations; Areas of the Na- gram and Small Business Technology Trans- the Commission’s Rules’’ ((IB Docket No. 04– tional Park System, Chattahoochee River fer (STTR) Program’’ (RIN3245–AG46) re- 112) (FCC 13–6)) received during adjournment National Recreation Area, Bicycle Routes’’ ceived in the Office of the President of the of the Senate in the Office of the President (RIN1024–AD94) received during adjournment Senate on March 4, 2013; to the Committee of the Senate on February 22, 2013; to the of the Senate in the Office of the President on Small Business and Entrepreneurship. Committee on Commerce, Science, and of the Senate on March 1, 2013; to the Com- EC–633. A communication from the Deputy Transportation. mittee on Energy and Natural Resources. General Counsel, Office of Size Standards, EC–642. A communication from the Chief of EC–623. A communication from the Chief of Small Business Administration, transmit- Staff, Wireless Telecommunications Bureau, the Trade and Commercial Regulations ting, pursuant to law, the report of a rule en- Federal Communications Commission, trans- Branch, Customs and Border Protection, De- titled ‘‘Small Business Size Standards: Infor- mitting, pursuant to law, the report of a rule partment of Homeland Security, transmit- mation’’ (RIN3245–AG26) received in the Of- entitled ‘‘Amendment of the Commission’s ting, pursuant to law, the report of a rule en- fice of the President of the Senate on March Rules Concerning Commercial Radio Opera- titled ‘‘Import Restrictions Imposed on Cer- 4, 2013; to the Committee on Small Business tors’’ (FCC 13–4) received during adjourn- tain Archaeological Material from Belize’’ and Entrepreneurship. ment of the Senate in the Office of the Presi- (RIN1515–AD94) received in the Office of the EC–634. A communication from the Attor- dent of the Senate on February 19, 2013; to President of the Senate on March 4, 2013; to ney Advisor, Federal Highway Administra- the Committee on Commerce, Science, and the Committee on Finance. tion, Department of Transportation, trans- Transportation. EC–624. A communication from the Sec- mitting, pursuant to law, the report of a rule EC–643. A communication from the Asso- retary of Health and Human Services, trans- entitled ‘‘Construction and Maintenance— ciate Division Chief, Public Safety and mitting, pursuant to law, a report entitled Culvert Pipe Selection’’ (RIN2125–AF47) re- Homeland Security Bureau, Federal Commu- ‘‘2012 Actuarial Report on the Financial Out- ceived in the Office of the President of the nications Commission, transmitting, pursu- look for Medicaid’’; to the Committee on Fi- Senate on February 27, 2013; to the Com- ant to law, the report of a rule entitled ‘‘Re- nance. mittee on Commerce, Science, and Transpor- view of the Emergency Alert System: Inde- EC–625. A communication from the Board tation. pendent Spanish Broadcasters Association, of Trustees, National Railroad Retirement EC–635. A communication from the Sec- the Office of Communication of the United Investment Trust, transmitting, pursuant to retary of the Federal Trade Commission, Church of Christ, Inc., and the Minority law, an annual management report relative transmitting, pursuant to law, the report of Media and Telecommunications Council, Pe- to its operations and financial condition; to a rule entitled ‘‘Energy Labeling Rule’’ tition for Immediate Relief Randy Gehman the Committee on Finance. (RIN3084–AB15) received in the Office of the Petition for Rulemaking’’ (FCC 12–41) re- EC–626. A communication from the Sec- President of the Senate on February 25, 2013; ceived during adjournment of the Senate in retary of Health and Human Services, trans- to the Committee on Commerce, Science, the Office of the President of the Senate on mitting, the fiscal year 2012 performance re- and Transportation. February 19, 2012; to the Committee on Com- port relative to the Medical Device User Fee EC–636. A communication from the Assist- merce, Science, and Transportation. Act (MDUFA); to the Committee on Health, ant Secretary for Export Administration, EC–644. A communication from the Asso- Education, Labor, and Pensions. Bureau of Industry and Security, Depart- ciate Division Chief, Public Safety and EC–627. A communication from the Chair- ment of Commerce, transmitting, pursuant Homeland Security Bureau, Federal Commu- man of the Federal Energy Regulatory Com- to law, the report of a rule entitled ‘‘Edi- nications Commission, transmitting, pursu- mission, transmitting, pursuant to law, the torial Corrections to the Export Administra- ant to law, the report of a rule entitled Commission’s fiscal year 2012 annual report tion Regulations’’ (RIN0694–AF63) received ‘‘Amendment of Parts 12 and 90 of the Com- relative to the Notification and Federal Em- during adjournment of the Senate in the Of- mission’s Rules Regarding Redundancy of ployee Antidiscrimination and Retaliation fice of the President of the Senate on Feb- Communications Systems: Backup Power Act of 2002; to the Committee on Homeland ruary 20, 2013; to the Committee on Com- Private Land Mobile Radio Services: Selec- Security and Governmental Affairs. merce, Science, and Transportation. tion and Assignment of Frequencies, and EC–628. A communication from the Dis- EC–637. A communication from the Vice Transition of the Upper 200 Channels in the trict of Columbia Auditor, transmitting, pur- President of Government Affairs and Cor- 800 MHz Band to EA Licensing’’ (DA 11–1838) suant to law, a report entitled, ‘‘Audit of the porate Communications, National Railroad received during adjournment of the Senate Department of Small and Local Business De- Passenger Corporation, Amtrak, transmit- in the Office of the President of the Senate velopment’s Fiscal Year 2011 Performance ting, pursuant to law, a report relative to on February 19, 2013; to the Committee on Accountability Report’’; to the Committee the submission of an operations update and a Commerce, Science, and Transportation. on Homeland Security and Governmental Af- general and legislative annual report in EC–645. A communication from the Para- fairs. March; to the Committee on Commerce, legal Specialist, Federal Aviation Adminis- EC–629. A communication from the Acting Science, and Transportation. tration, Department of Transportation, Director of the Office of Regulatory Affairs EC–638. A communication from the Deputy transmitting, pursuant to law, the report of and Collaborative Action, Bureau of Indian Secretary of Commerce, transmitting, pursu- a rule entitled ‘‘Part 95 Instrument Flight Affairs, Department of the Interior, trans- ant to law, the National Oceanic and Atmos- Rules; Amdt. No. 505’’ (RIN2120–AA63) re- mitting, pursuant to law, the report of a rule pheric Administration (NOAA) Chesapeake ceived in the Office of the President of the entitled ‘‘Residential, Business, and Wind Bay Office Biennial Report to Congress; to Senate on February 27, 2013; to the Com- and Solar Resource Leases on Indian Land; the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- Correction’’ (RIN1076–AE73) received in the Transportation. tation. Office of the President of the Senate on EC–639. A communication from the Assist- EC–646. A communication from the Para- March 4, 2013; to the Committee on Indian ant Administrator for Procurement, Na- legal Specialist, Federal Aviation Adminis- Affairs. tional Aeronautics and Space Administra- tration, Department of Transportation, EC–630. A communication from the Acting tion, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of Director of the Office of Regulatory Affairs port of a rule entitled ‘‘Commercial Acquisi- a rule entitled ‘‘Part 95 Instrument Flight and Collaborative Action, Bureau of Indian tion; Extension of Suspension and Debar- Rules; Amdt. No. 505’’ (RIN2120–AA63) re- Affairs, Department of the Interior, trans- ment Exclusions, Grants and Cooperative ceived in the Office of the President of the mitting, pursuant to law, the report of a rule Agreements’’ (RIN2700–AD81) received in the Senate on February 27, 2013; to the Com- entitled ‘‘Courts of Indian Offenses’’ Office of the President of the Senate on Feb- mittee on Commerce, Science, and Transpor- (RIN1076–AF16) received in the Office of the ruary 27, 2013; to the Committee on Com- tation. President of the Senate on March 4, 2013; to merce, Science, and Transportation. EC–647. A communication from the Para- the Committee on Indian Affairs. EC–640. A communication from the Chief of legal Specialist, Federal Aviation Adminis- EC–631. A communication from the Deputy Staff, Media Bureau, Federal Communica- tration, Department of Transportation, General Counsel, Office of Size Standards, tions Commission, transmitting, pursuant to transmitting, pursuant to law, the report of

VerDate Mar 15 2010 00:46 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.014 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1266 CONGRESSIONAL RECORD — SENATE March 7, 2013 a rule entitled ‘‘Standard Instrument Ap- EC–656. A communication from the Attor- a rule entitled ‘‘Airworthiness Directives; proach Procedures; Amdt. No. 3517’’ ney-Advisor, Federal Aviation Administra- Pratt and Whitney Canada Corp Turboshaft (RIN2120–AA65) received in the Office of the tion, Department of Transportation, trans- Engines’’ ((RIN2120–AA64) (Docket No. FAA– President of the Senate on February 27, 2013; mitting, pursuant to law, the report of a rule 2012–1005)) received in the Office of the Presi- to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; MD Heli- dent of the Senate on February 27, 2013; to and Transportation. copters, Inc., Helicopters’’ ((RIN2120–AA64) the Committee on Commerce, Science, and EC–648. A communication from the Para- (Docket No. FAA–2012–0746)) received in the Transportation. legal Specialist, Federal Aviation Adminis- Office of the President of the Senate on Feb- EC–665. A communication from the Para- tration, Department of Transportation, ruary 27, 2013; to the Committee on Com- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of merce, Science, and Transportation. tration, Department of Transportation, a rule entitled ‘‘Standard Instrument Ap- EC–657. A communication from the Attor- transmitting, pursuant to law, the report of proach Procedures; Amdt. No. 3518’’ ney-Advisor, Federal Aviation Administra- a rule entitled ‘‘Airworthiness Directives; (RIN2120–AA65) received in the Office of the tion, Department of Transportation, trans- Embraer S.A. Airplanes’’ ((RIN2120–AA64) President of the Senate on February 27, 2013; mitting, pursuant to law, the report of a rule (Docket No. FAA–2012–1223)) received in the to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; Office of the President of the Senate on Feb- and Transportation. Eurocopter France Helicopters’’ ((RIN2120– ruary 27, 2013; to the Committee on Com- EC–649. A communication from the Para- AA64) (Docket No. FAA–2012–0631)) received merce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- in the Office of the President of the Senate EC–666. A communication from the Para- tration, Department of Transportation, on February 27, 2013; to the Committee on legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of Commerce, Science, and Transportation. tration, Department of Transportation, a rule entitled ‘‘Standard Instrument Ap- EC–658. A communication from the Attor- transmitting, pursuant to law, the report of proach Procedures; Miscellaneous Amend- ney-Advisor, Federal Aviation Administra- a rule entitled ‘‘Airworthiness Directives; ments (85); Amdt. No. 3519’’ (RIN2120–AA65) tion, Department of Transportation, trans- DG Flugzeugbau GmbH Gliders’’ ((RIN2120– received in the Office of the President of the mitting, pursuant to law, the report of a rule AA64) (Docket No. FAA–2012–1250)) received Senate on February 27, 2013; to the Com- entitled ‘‘Airworthiness Directives; Gulf- in the Office of the President of the Senate mittee on Commerce, Science, and Transpor- stream Aerospace Corporation Airplanes’’ on February 27, 2013; to the Committee on tation. ((RIN2120–AA64) (Docket No. FAA–2012–1225)) Commerce, Science, and Transportation. EC–650. A communication from the Para- received in the Office of the President of the EC–667. A communication from the Para- legal Specialist, Federal Aviation Adminis- Senate on February 27, 2013; to the Com- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- tration, Department of Transportation, transmitting, pursuant to law, the report of tation. transmitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Ap- EC–659. A communication from the Attor- a rule entitled ‘‘Airworthiness Directives; proach Procedures; Miscellaneous Amend- ney-Advisor, Federal Aviation Administra- DASSAULT AVIATION Airplanes’’ ments (25); Amdt. No. 3520’’ (RIN2120–AA65) tion, Department of Transportation, trans- ((RIN2120–AA64) (Docket No. FAA–2012–1037)) received in the Office of the President of the mitting, pursuant to law, the report of a rule received in the Office of the President of the Senate on February 27, 2013; to the Com- entitled ‘‘Airworthiness Directives; Agusta Senate on February 27, 2013; to the Com- mittee on Commerce, Science, and Transpor- S.p.A. (Type Certificate currently held by mittee on Commerce, Science, and Transpor- tation. AgustaWestland S.p.A.) (Agusta) Heli- tation. EC–651. A communication from the Attor- copters’’ ((RIN2120–AA64) (Docket No. FAA– EC–668. A communication from the Para- ney Advisor, Federal Aviation Administra- 2012–1135)) received in the Office of the Presi- legal Specialist, Federal Aviation Adminis- tion, Department of Transportation, trans- dent of the Senate on February 27, 2013; to tration, Department of Transportation, mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and transmitting, pursuant to law, the report of entitled ‘‘Airworthiness Directives; Transportation. a rule entitled ‘‘Airworthiness Directives; Eurocopter France Helicopters’’ ((RIN2120– EC–660. A communication from the Attor- Cessna Aircraft Company Airplanes’’ AA64) (Docket No. FAA–2013–0075)) received ney-Advisor, Federal Aviation Administra- ((RIN2120–AA64) (Docket No. FAA–2012–1273)) in the Office of the President of the Senate tion, Department of Transportation, trans- received in the Office of the President of the on February 27, 2013; to the Committee on mitting, pursuant to law, the report of a rule Senate on February 27, 2013; to the Com- Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; The Boe- mittee on Commerce, Science, and Transpor- EC–652. A communication from the Para- ing Company Airplanes’’ ((RIN2120–AA64) tation. legal Specialist, Federal Aviation Adminis- (Docket No. FAA–2012–1228)) received in the EC–669. A communication from the Para- tration, Department of Transportation, Office of the President of the Senate on Feb- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of ruary 27, 2013; to the Committee on Com- tration, Department of Transportation, a rule entitled ‘‘Amendment of Class E Air- merce, Science, and Transportation. transmitting, pursuant to law, the report of space; Lincoln, ME’’ ((RIN2120–AA66) (Dock- EC–661. A communication from the Attor- a rule entitled ‘‘Airworthiness Directives; et No. FAA–2012–0764)) received in the Office ney-Advisor, Federal Aviation Administra- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) of the President of the Senate on February tion, Department of Transportation, trans- (Docket No. FAA–2012–0725)) received in the 27, 2013; to the Committee on Commerce, mitting, pursuant to law, the report of a rule Office of the President of the Senate on Feb- Science, and Transportation. entitled ‘‘Airworthiness Directives; ruary 27, 2013; to the Committee on Com- EC–653. A communication from the Attor- Eurocopter Deutschland Helicopters’’ merce, Science, and Transportation. ney-Advisor, Federal Aviation Administra- ((RIN2120–AA64) (Docket No. FAA–2012–0528)) EC–670. A communication from the Para- tion, Department of Transportation, trans- received in the Office of the President of the legal Specialist, Federal Aviation Adminis- mitting, pursuant to law, the report of a rule Senate on February 27, 2013; to the Com- tration, Department of Transportation, entitled ‘‘Airworthiness Directives; Engine mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of Alliance Turbofan Engines’’ ((RIN2120–AA64) tation. a rule entitled ‘‘Airworthiness Directives; (Docket No. FAA–2012–1293)) received in the EC–662. A communication from the Attor- Rolls-Royce Deutschland Ltd and Co KG Office of the President of the Senate on Feb- ney-Advisor, Federal Aviation Administra- Turbofan Engines’’ ((RIN2120–AA64) (Docket ruary 27, 2013; to the Committee on Com- tion, Department of Transportation, trans- No. FAA–2012–1056)) received in the Office of merce, Science, and Transportation. mitting, pursuant to law, the report of a rule the President of the Senate on February 27, EC–654. A communication from the Attor- entitled ‘‘Amendment of Class D and E Air- 2013; to the Committee on Commerce, ney-Advisor, Federal Aviation Administra- space; Tri-Cities, TN; Revocation of Class E Science, and Transportation. tion, Department of Transportation, trans- Airspace; Tri-City, TN’’ ((RIN2120–AA66) EC–671. A communication from the Para- mitting, pursuant to law, the report of a rule (Docket No. FAA–2011–0621)) received in the legal Specialist, Federal Aviation Adminis- entitled ‘‘Airworthiness Directives; Schwei- Office of the President of the Senate on Feb- tration, Department of Transportation, zer Aircraft Corporation’’ ((RIN2120–AA64) ruary 27, 2013; to the Committee on Com- transmitting, pursuant to law, the report of (Docket No. FAA–2012–0602)) received in the merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Office of the President of the Senate on Feb- EC–663. A communication from the Para- Hawker Beechcraft Corporation (Type Cer- ruary 27, 2013; to the Committee on Com- legal Specialist, transmitting, pursuant to tificate Previously Held by Raytheon Air- merce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- craft Company; Beech Aircraft Corporation) EC–655. A communication from the Attor- ness Directives; The Boeing Company Air- Airplanes’’ ((RIN2120–AA64) (Docket No. ney-Advisor, Federal Aviation Administra- planes’’ ((RIN2120–AA64) (Docket No. FAA– FAA–2012–1111)) received in the Office of the tion, Department of Transportation, trans- 2010–0547)) received in the Office of the Presi- President of the Senate on February 27, 2013; mitting, pursuant to law, the report of a rule dent of the Senate on February 27, 2013; to to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; Pacific the Committee on Commerce, Science, and and Transportation. Aerospace Limited Airplanes’’ ((RIN2120– Transportation. EC–672. A communication from the Para- AA64) (Docket No. FAA–2012–1251)) received EC–664. A communication from the Para- legal Specialist, Federal Aviation Adminis- in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, on February 27, 2013; to the Committee on tration, Department of Transportation, transmitting, pursuant to law, the report of Commerce, Science, and Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives;

VerDate Mar 15 2010 00:46 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.016 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1267 Lindstrand Hot Air Balloons Ltd Appli- ruary 27, 2013; to the Committee on Com- tration, Department of Transportation, ances’’ ((RIN2120–AA64) (Docket No. FAA– merce, Science, and Transportation. transmitting, pursuant to law, the report of 2012–1134)) received in the Office of the Presi- EC–681. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; dent of the Senate on February 27, 2013; to legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– the Committee on Commerce, Science, and tration, Department of Transportation, AA64) (Docket No. FAA–2012–0857)) received Transportation. transmitting, pursuant to law, the report of in the Office of the President of the Senate EC–673. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; on February 27, 2013; to the Committee on legal Specialist, Federal Aviation Adminis- Pratt and Whitney Canada Corp. Turboshaft Commerce, Science, and Transportation. tration, Department of Transportation, Engines’’ ((RIN2120–AA64) (Docket No. FAA– EC–690. A communication from the Para- transmitting, pursuant to law, the report of 2012–0942)) received in the Office of the Presi- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; dent of the Senate on February 27, 2013; to tration, Department of Transportation, Schweizer Aircraft Corporation’’ ((RIN2120– the Committee on Commerce, Science, and transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2012–0602)) received Transportation. a rule entitled ‘‘Airworthiness Directives; in the Office of the President of the Senate EC–682. A communication from the Para- Turbomeca S.A. Turboshaft Engines’’ on February 27, 2013; to the Committee on legal Specialist, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2008–0681)) Commerce, Science, and Transportation. tration, Department of Transportation, received in the Office of the President of the EC–674. A communication from the Para- transmitting, pursuant to law, the report of Senate on February 27, 2013; to the Com- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- tration, Department of Transportation, Eurocopter France Helicopters’’ ((RIN2120– tation. transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2013–0075)) received EC–691. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- Pacific Aerospace Limited Airplanes’’ on February 27, 2013; to the Committee on tration, Department of Transportation, ((RIN2120–AA64) (Docket No. FAA–2012–1251)) Commerce, Science, and Transportation. transmitting, pursuant to law, the report of received in the Office of the President of the EC–683. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Senate on February 27, 2013; to the Com- legal Specialist, Federal Aviation Adminis- Stemme GmbH and Co. KG Powered Sail- mittee on Commerce, Science, and Transpor- tration, Department of Transportation, planes’’ ((RIN2120–AA64) (Docket No. FAA– tation. transmitting, pursuant to law, the report of 2012–0982)) received in the Office of the Presi- EC–675. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; dent of the Senate on February 27, 2013; to legal Specialist, Federal Aviation Adminis- The Boeing Company Model Airplanes’’ the Committee on Commerce, Science, and tration, Department of Transportation, ((RIN2120–AA64) (Docket No. FAA–2011–0722)) Transportation. transmitting, pursuant to law, the report of received in the Office of the President of the EC–692. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Senate on February 27, 2013; to the Com- legal Specialist, Federal Aviation Adminis- Rolls-Royce Deutschland Ltd and Co KG mittee on Commerce, Science, and Transpor- tration, Department of Transportation, Turbofan Engines’’ ((RIN2120–AA64) (Docket tation. transmitting, pursuant to law, the report of No. FAA–2012–1055)) received in the Office of EC–684. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; the President of the Senate on February 27, legal Specialist, Federal Aviation Adminis- GA 8 Airvan (Pty) Ltd Airplanes’’ ((RIN2120– 2013; to the Committee on Commerce, tration, Department of Transportation, AA64) (Docket No. FAA–2012–1007)) received Science, and Transportation. transmitting, pursuant to law, the report of in the Office of the President of the Senate EC–676. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; on February 27, 2013; to the Committee on legal Specialist, Federal Aviation Adminis- Cessna Aircraft Company Airplanes’’ Commerce, Science, and Transportation. tration, Department of Transportation, ((RIN2120–AA64) (Docket No. FAA–2010–1084)) EC–693. A communication from the Para- transmitting, pursuant to law, the report of received in the Office of the President of the legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Senate on February 27, 2013; to the Com- tration, Department of Transportation, Eurocopter France Helicopter’’ ((RIN2120– mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2012–0339)) received tation. a rule entitled ‘‘Airworthiness Directives; in the Office of the President of the Senate EC–685. A communication from the Para- The Boeing Company Airplanes’’ ((RIN2120– on February 27, 2013; to the Committee on legal Specialist, Federal Aviation Adminis- AA64) (Docket No. FAA–2012–0186)) received Commerce, Science, and Transportation. tration, Department of Transportation, in the Office of the President of the Senate EC–677. A communication from the Para- transmitting, pursuant to law, the report of on February 27, 2013; to the Committee on legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Commerce, Science, and Transportation. tration, Department of Transportation, The Boeing Company Airplanes’’ ((RIN2120– EC–694. A communication from the Para- transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2012–0678)) received legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; in the Office of the President of the Senate tration, Department of Transportation, Lycoming Engines and Continental Motors, on February 27, 2013; to the Committee on transmitting, pursuant to law, the report of Inc. Reciprocating Engines’’ ((RIN2120–AA64) Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; (Docket No. FAA–2012–1245)) received in the EC–686. A communication from the Para- The Boeing Company Airplanes’’ ((RIN2120– Office of the President of the Senate on Feb- legal Specialist, Federal Aviation Adminis- AA64) (Docket No. FAA–2012–0421)) received ruary 27, 2013; to the Committee on Com- tration, Department of Transportation, in the Office of the President of the Senate merce, Science, and Transportation. transmitting, pursuant to law, the report of on February 27, 2013; to the Committee on EC–678. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Commerce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– EC–695. A communication from the Para- tration, Department of Transportation, AA64) (Docket No. FAA–2012–0595)) received legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of in the Office of the President of the Senate tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; on February 27, 2013; to the Committee on transmitting, pursuant to law, the report of The Boeing Company Airplanes’’ ((RIN2120– Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; AA64) (Docket No. FAA–2012–1110)) received EC–687. A communication from the Para- The Boeing Company Airplanes’’ ((RIN2120– in the Office of the President of the Senate legal Specialist, Federal Aviation Adminis- AA64) (Docket No. FAA–2012–0591)) received on February 27, 2013; to the Committee on tration, Department of Transportation, in the Office of the President of the Senate Commerce, Science, and Transportation. transmitting, pursuant to law, the report of on February 27, 2013; to the Committee on EC–679. A communication from the Para- a rule entitled ‘‘Airworthiness Directives; Commerce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- Agusta S.p.A. Helicopters’’ ((RIN2120–AA64) EC–696. A communication from the Para- tration, Department of Transportation, (Docket No. FAA–2012–0501)) received in the legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of Office of the President of the Senate on Feb- tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; ruary 27, 2013; to the Committee on Com- transmitting, pursuant to law, the report of Univair Aircraft Corporation Airplanes’’ merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; ((RIN2120–AA64) (Docket No. FAA–2011–0360)) EC–688. A communication from the Para- The Boeing Company Airplanes’’ ((RIN2120– received in the Office of the President of the legal Specialist, Federal Aviation Adminis- AA64) (Docket No. FAA–2012–1220)) received Senate on February 27, 2013; to the Com- tration, Department of Transportation, in the Office of the President of the Senate mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of on February 27, 2013; to the Committee on tation. a rule entitled ‘‘Airworthiness Directives; Commerce, Science, and Transportation. EC–680. A communication from the Para- Eurocopters Deutschland GmbH Helicopters’’ EC–697. A communication from the Para- legal Specialist, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2012–0500)) legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, received in the Office of the President of the tration, Department of Transportation, transmitting, pursuant to law, the report of Senate on February 27, 2013; to the Com- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives; Si- Embraer S.A. Airplanes’’ ((RIN2120–AA64) tation. korsky Aircraft Corporation (Sikorsky) (Docket No. FAA–2012–0590)) received in the EC–689. A communication from the Para- Model Helicopters’’ ((RIN2120–AA64) (Docket Office of the President of the Senate on Feb- legal Specialist, Federal Aviation Adminis- No. FAA–2012–1206)) received in the Office of

VerDate Mar 15 2010 00:46 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.018 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1268 CONGRESSIONAL RECORD — SENATE March 7, 2013 the President of the Senate on February 27, EC–706. A communication from the Para- ting, pursuant to law, the report of a rule en- 2013; to the Committee on Commerce, legal Specialist, Federal Aviation Adminis- titled ‘‘Fisheries of the Exclusive Economic Science, and Transportation. tration, Department of Transportation, Zone Off Alaska; Pacific Cod by Catcher/ EC–698. A communication from the Para- transmitting, pursuant to law, the report of Processors Using Trawl Gear in the Western legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Regulatory Area of the Gulf of Alaska’’ tration, Department of Transportation, MD Helicopters, Inc., Helicopters’’ ((RIN2120– (RIN0648–XC452) received in the Office of the transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2012–0746)) received President of the Senate on March 4, 2013; to a rule entitled ‘‘Airworthiness Directives; in the Office of the President of the Senate the Committee on Commerce, Science, and Pilatus Aircraft Ltd. Airplanes’’ ((RIN2120– on February 27, 2013; to the Committee on Transportation. AA64) (Docket No. FAA–2012–0732)) received Commerce, Science, and Transportation. EC–715. A communication from the Acting in the Office of the President of the Senate EC–707. A communication from the Para- Deputy Director, Office of Sustainable Fish- on February 27, 2013; to the Committee on legal Specialist, Federal Aviation Adminis- eries, Department of Commerce, transmit- Commerce, Science, and Transportation. tration, Department of Transportation, ting, pursuant to law, the report of a rule en- EC–699. A communication from the Para- transmitting, pursuant to law, the report of titled ‘‘Fisheries of the Exclusive Economic legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Zone Off Alaska; Pacific Cod by Catcher Ves- tration, Department of Transportation, Airbus Airplanes’’ ((RIN2120–AA64) (Docket sels Greater Than or Equal To 60 Feet (18.3 transmitting, pursuant to law, the report of No. FAA–2012–1002)) received in the Office of Meters) Length Overall Using Pot Gear in a rule entitled ‘‘Airworthiness Directives; the President of the Senate on February 27, the Bearing Sea and Aleutian Islands Man- Gulfstream Aerospace LP (Type Certificate 2013; to the Committee on Commerce, agement Area’’ (RIN0648–XC458) received in Previously Held by Israel Aircraft Indus- Science, and Transportation. the Office of the President of the Senate on tries, Ltd.) Airplanes’’ ((RIN2120–AA64) EC–708. A communication from the Para- March 4, 2013; to the Committee on Com- (Docket No. FAA–2012–0986)) received in the legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. Office of the President of the Senate on Feb- tration, Department of Transportation, EC–716. A communication from the Acting ruary 27, 2013; to the Committee on Com- transmitting, pursuant to law, the report of Deputy Director, Office of Sustainable Fish- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; eries, Department of Commerce, transmit- EC–700. A communication from the Para- Airbus Airplanes’’ ((RIN2120–AA64) (Docket ting, pursuant to law, the report of a rule en- legal Specialist, Federal Aviation Adminis- No. FAA–2012–1070)) received in the Office of titled ‘‘Fisheries of the Exclusive Economic tration, Department of Transportation, the President of the Senate on February 27, Zone Off Alaska; Pacific Cod by Catcher Ves- transmitting, pursuant to law, the report of 2013; to the Committee on Commerce, sels Less Than 60 Feet (18.3 Meters) Length a rule entitled ‘‘Airworthiness Directives; Science, and Transportation. Overall Using Hook-and-Line or Pot Gear in Turbomeca S.A. Turboshaft Engines’’ EC–709. A communication from the Para- the Bearing Sea and Aleutian Islands Man- ((RIN2120–AA64) (Docket No. FAA–2012–0940)) legal Specialist, Federal Aviation Adminis- agement Area’’ (RIN0648–XC487) received in received in the Office of the President of the tration, Department of Transportation, the Office of the President of the Senate on Senate on February 27, 2013; to the Com- transmitting, pursuant to law, the report of March 4, 2013; to the Committee on Com- mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. tation. Bell Helicopter Textron Helicopters’’ EC–717. A communication from the Acting Deputy Director, Office of Sustainable Fish- EC–701. A communication from the Para- ((RIN2120–AA64) (Docket No. FAA–2013–098)) eries, Department of Commerce, transmit- legal Specialist, Federal Aviation Adminis- received in the Office of the President of the ting, pursuant to law, the report of a rule en- tration, Department of Transportation, Senate on February 27, 2013; to the Com- titled ‘‘Fisheries of the Caribbean, Gulf of transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- Mexico, and South Atlantic; Coastal Migra- a rule entitled ‘‘Airworthiness Directives; tation. Rolls-Royce plc Turbofan Engines’’ EC–710. A communication from the Direc- tory Pelagic Resources of the Gulf of Mexico ((RIN2120–AA64) (Docket No. FAA–2013–0030)) tor, Office of Sustainable Fisheries, Depart- and South Atlantic; Trip Limit Reduction’’ received in the Office of the President of the ment of Commerce, transmitting, pursuant (RIN0648–XC427) received in the Office of the President of the Senate on February 11, 2013; Senate on February 27, 2013; to the Com- to law, the report of a rule entitled ‘‘Fish- to the Committee on Commerce, Science, mittee on Commerce, Science, and Transpor- eries Off West Coast States; Pacific Coast and Transportation. tation. Groundfish Fishery; Trawl Rationalization EC–718. A communication from the Acting EC–702. A communication from the Para- Program; Emergency Rule Extension’’ Deputy Director, Office of Sustainable Fish- legal Specialist, Federal Aviation Adminis- (RIN0648–BC00) received in the Office of the eries, Department of Commerce, transmit- tration, Department of Transportation, President of the Senate on February 11, 2013; ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of to the Committee on Commerce, Science, titled ‘‘Fisheries of the Exclusive Economic a rule entitled ‘‘Airworthiness Directives; and Transportation. Zone Off Alaska; Pollock in Statistical Area Piper Aircraft, Inc.’’ ((RIN2120–AA64) (Dock- EC–711. A communication from the Direc- 620 in the Gulf of Alaska’’ (RIN0648–XC482) et No. FAA–2012–0731)) received in the Office tor, Office of Sustainable Fisheries, Depart- received in the Office of the President of the of the President of the Senate on February ment of Commerce, transmitting, pursuant Senate on March 4, 2013; to the Committee 27, 2013; to the Committee on Commerce, to law, the report of a rule entitled ‘‘Fish- on Commerce, Science, and Transportation. Science, and Transportation. eries of the Northeastern United States; At- EC–719. A communication from the Acting EC–703. A communication from the Para- lantic Mackerel, Squid, and Butterfish Fish- Deputy Director, Office of Sustainable Fish- legal Specialist, Federal Aviation Adminis- eries; Specifications and Management Meas- eries, Department of Commerce, transmit- tration, Department of Transportation, ures’’ (RIN0648–BC40) received in the Office ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of of the President of the Senate on February titled ‘‘Fisheries of the Exclusive Economic a rule entitled ‘‘Airworthiness Directives; 11, 2013; to the Committee on Commerce, Zone Off Alaska; Reallocation of Pollock in Bell Helicopter Textron, Inc., Helicopters’’ Science, and Transportation. the Bering Sea and Aleutian Islands’’ ((RIN2120–AA64) (Docket No. FAA–2012–0082)) EC–712. A communication from the Direc- (RIN0648–XC441) received in the Office of the received in the Office of the President of the tor, Office of Sustainable Fisheries, Depart- President of the Senate on March 4, 2013; to Senate on February 27, 2013; to the Com- ment of Commerce, transmitting, pursuant the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- to law, the report of a rule entitled ‘‘Fish- Transportation. tation. eries of the Caribbean, Gulf of Mexico, and EC–720. A communication from the Acting EC–704. A communication from the Para- South Atlantic; Reef Fish Fishery of the Deputy Director, Office of Sustainable Fish- legal Specialist, Federal Aviation Adminis- Gulf of Mexico; Amendment 38’’ (RIN0648– eries, Department of Commerce, transmit- tration, Department of Transportation, BC37) received in the Office of the President ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of of the Senate on March 4, 2013; to the Com- titled ‘‘Fisheries of the Exclusive Economic a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- Zone Off Alaska; Reallocation of Pacific Cod Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) tation. in the Bering Sea and Aleutian Islands Man- (Docket No. FAA–2012–0639)) received in the EC–713. A communication from the Acting agement Area’’ (RIN0648–XC481) received in Office of the President of the Senate on Feb- Deputy Director, Office of Sustainable Fish- the Office of the President of the Senate on ruary 27, 2013; to the Committee on Com- eries, Department of Commerce, transmit- March 4, 2013; to the Committee on Com- merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. EC–705. A communication from the Para- titled ‘‘Fisheries of the Exclusive Economic EC–721. A communication from the Acting legal Specialist, Federal Aviation Adminis- Zone Off Alaska; Pollock in Statistical Area Deputy Director, Office of Sustainable Fish- tration, Department of Transportation, 630 in the Gulf of Alaska’’ (RIN0648–XC457) eries, Department of Commerce, transmit- transmitting, pursuant to law, the report of received in the Office of the President of the ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Airworthiness Directives; Senate on February 11, 2013; to the Com- titled ‘‘Fisheries of the Northeastern United Eurocopter France Helicopters’’ ((RIN2120– mittee on Commerce, Science, and Transpor- States; Summer Flounder Fishery; Quota AA64) (Docket No. FAA–2012–0794)) received tation. Transfer’’ (RIN0648–XC451) received in the in the Office of the President of the Senate EC–714. A communication from the Acting Office of the President of the Senate on on February 27, 2013; to the Committee on Deputy Director, Office of Sustainable Fish- March 4, 2013; to the Committee on Com- Commerce, Science, and Transportation. eries, Department of Commerce, transmit- merce, Science, and Transportation.

VerDate Mar 15 2010 00:46 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.020 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1269 EC–722. A communication from the Acting (Nominations without an asterisk S. 495. A bill to amend title 38, United Deputy Director, Office of Sustainable Fish- were reported with the recommenda- States Code, to require Federal agencies to eries, Department of Commerce, transmit- tion that they be confirmed.) hire veterans, to require States to recognize ting, pursuant to law, the report of a rule en- the military experience of veterans when titled ‘‘Fisheries of the Exclusive Economic f issuing licenses and credentials to veterans, Zone Off Alaska; Pacific Cod by Vessels INTRODUCTION OF BILLS AND and for other purposes; to the Committee on Using Pot Gear in the Central Regulatory JOINT RESOLUTIONS Veterans’ Affairs. Area of the Gulf of Alaska’’ (RIN0648–XC495) By Mr. PRYOR (for himself, Mr. received in the Office of the President of the The following bills and joint resolu- INHOFE, Mrs. FISCHER, Mr. BOOZMAN, Senate on March 4, 2013; to the Committee tions were introduced, read the first Mr. COCHRAN, and Mr. JOHANNS): on Commerce, Science, and Transportation. and second times by unanimous con- S. 496. A bill to direct the Administrator of EC–723. A communication from the Acting sent, and referred as indicated: the Environmental Protection Agency to Deputy Director, Office of Sustainable Fish- change the Spill Prevention, Control, and By Mr. ROBERTS (for himself, Ms. eries, Department of Commerce, transmit- Countermeasure rule with respect to certain HEITKAMP, Mr. MORAN, and Mr. ting, pursuant to law, the report of a rule en- farms; to the Committee on Environment JOHANNS): titled ‘‘Fisheries of the Caribbean, Gulf of S. 485. A bill to exempt certain class A and Public Works. Mexico, and South Atlantic; Snapper-Group- CDL drivers from the requirement to obtain By Ms. CANTWELL (for herself and er Resources of the South Atlantic; Trip a hazardous material endorsement while op- Mrs. MURRAY): Limit Reduction’’ (RIN0648–XC437) received erating a service vehicle with a fuel tank S. 497. A bill to establish the San Juan Is- in the Office of the President of the Senate containing 3,785 liters (1,000 gallons) or less lands National Conservation Area in the San on March 4, 2013; to the Committee on Com- of diesel fuel; to the Committee on Com- Juan Islands, Washington, and for other pur- merce, Science, and Transportation. merce, Science, and Transportation. poses; to the Committee on Energy and Nat- EC–724. A communication from the Acting By Mr. BURR (for himself and Mrs. ural Resources. Deputy Director, Office of Sustainable Fish- By Mr. INHOFE: HAGAN): eries, Department of Commerce, transmit- S. 486. A bill to authorize pedestrian and S. 498. A bill to repeal the Zimbabwe De- ting, pursuant to law, the report of a rule en- motorized vehicular access in Cape Hatteras mocracy and Economic Recovery Act of 2001; titled ‘‘Fisheries of the Northeastern United National Seashore Recreational Area, and to the Committee on Foreign Relations. States; Northeast Multispecies Fishery; Trip for other purposes; to the Committee on En- By Mr. VITTER (for himself and Mr. Limit Adjustments for the Common Pool ergy and Natural Resources. CRUZ): Fishery’’ (RIN0648–XC456) received in the Of- By Mr. SCHUMER: S. 499. A bill to repeal the Patient Protec- fice of the President of the Senate on March S. 487. A bill to amend the Fair Labor tion and Affordable Care Act; to the Com- 4, 2013; to the Committee on Commerce, Standards Act of 1938 to provide that over- mittee on Finance. Science, and Transportation. the-road bus drivers are covered under the By Mr. SANDERS (for himself, Mr. EC–725. A communication from the Acting maximum hours requirements; to the Com- REID, Mr. LEAHY, Mrs. BOXER, Ms. Deputy Director, Office of Sustainable Fish- mittee on Health, Education, Labor, and KLOBUCHAR, Mr. WHITEHOUSE, Mr. eries, Department of Commerce, transmit- Pensions. FRANKEN, and Mr. BLUMENTHAL): ting, pursuant to law, the report of a rule en- By Ms. STABENOW: S. 500. A bill to amend the Internal Rev- titled ‘‘Fisheries of the Caribbean, Gulf of S. 488. A bill to provide for a program of re- enue Code of 1986 to apply payroll taxes to Mexico, and South Atlantic; 2013 Commer- search, development, demonstration, and remuneration and earnings from self-em- cial Accountability Measure and Closure for commercial application in vehicle tech- ployment up to the contribution and benefit South Atlantic Vermillion Snapper’’ nologies at the Department of Energy; to the base and to remuneration in excess of (RIN0648–XC468) received in the Office of the Committee on Energy and Natural Re- $250,000; to the Committee on Finance. President of the Senate on March 4, 2013; to sources. By Mr. SCHUMER (for himself and Ms. the Committee on Commerce, Science, and By Mr. THUNE (for himself and Mr. COLLINS): Transportation. WYDEN): S. 501. A bill to amend the Internal Rev- EC–726. A communication from the Para- S. 489. A bill to amend the Tariff Act of enue Code of 1986 to extend and increase the legal Specialist, Federal Aviation Adminis- 1930 to increase and adjust for inflation the exclusion for benefits provided to volunteer tration, Department of Transportation, maximum value of articles that may be im- firefighters and emergency medical respond- transmitting, pursuant to law, the report of ported duty-free by one person on one day, ers; to the Committee on Finance. a rule entitled ‘‘Amendment of Class E Air- and for other purposes; to the Committee on By Mr. CASEY: space; Ontonagon, MI’’ ((RIN2120–AA66) Finance. S. 502. A bill to assist States in providing (Docket No. FAA–2011–1404)) received in the By Mr. HELLER (for himself and Mr. voluntary high-quality universal prekinder- Office of the President of the Senate on Feb- VITTER): garten programs and programs to support in- ruary 27, 2013; to the Committee on Com- S. 490. A bill to amend the Internal Rev- fants and toddlers; to the Committee on merce, Science, and Transportation. enue Code of 1986 to allow refunds of Federal Health, Education, Labor, and Pensions. EC–727. A communication from the Attor- motor fuel excise taxes on fuels used in mo- By Mr. UDALL of Colorado: ney-Advisor, Federal Aviation Administra- bile mammography vehicles; to the Com- S. 503. A bill to establish the Sangre de tion, Department of Transportation, trans- mittee on Finance. Cristo National Historical Park, and for mitting, pursuant to law, the report of a rule By Mr. LAUTENBERG (for himself, other purposes; to the Committee on Energy entitled ‘‘Establishment of Class E Airspace; Mr. INHOFE, Mr. UDALL of New Mex- and Natural Resources. Kasigluk, AK’’ ((RIN2120–AA66) (Docket No. ico, and Mr. CRAPO): By Mr. FRANKEN (for himself, Mr. FAA–2012–0952)) received in the Office of the S. 491. A bill to amend the Comprehensive VITTER, Mr. DURBIN, Mrs. SHAHEEN, President of the Senate on February 27, 2013; Environmental Response, Compensation, and and Mr. SANDERS): S. 504. A bill to amend the Federal Food, to the Committee on Commerce, Science, Liability Act of 1980 to modify provisions re- Drug, and Cosmetic Act to ensure that valid and Transportation. lating to grants, and for other purposes; to the Committee on Environment and Public generic drugs may enter the market; to the f Works. Committee on Health, Education, Labor, and EXECUTIVE REPORTS OF By Mr. BURR (for himself and Mr. Pensions. COMMITTEE RUBIO): By Mr. CRUZ (for himself and Mr. S. 492. A bill to amend title 38, United PAUL): The following executive reports of States Code, to require States to recognize S. 505. A bill to prohibit the use of drones nominations were submitted: the military experience of veterans when to kill citizens of the United States within By Mr. LEAHY for the Committee on the issuing licenses and credentials to veterans, the United States; read the first time. Judiciary. and for other purposes; to the Committee on By Ms. COLLINS (for herself and Mr. Sheri Polster Chappell, of Florida, to be Veterans’ Affairs. SCHUMER): United States District Judge for the Middle By Mr. SCHUMER (for himself and Mr. S. 506. A bill to amend the Internal Rev- District of Florida. CRAPO): enue Code of 1986 to provide recruitment and Michael J. McShane, of Oregon, to be S. 493. A bill to amend the Internal Rev- retention incentives for volunteer emer- United States District Judge for the District enue Code of 1986 to establish dairy farm sav- gency service workers; to the Committee on of Oregon. ings accounts, and for other purposes; to the Finance. Nitza I. Quinones Alejandro, of Pennsyl- Committee on Finance. By Ms. CANTWELL (for herself, Mr. vania, to be United States District Judge for By Mr. SCHUMER: ALEXANDER, Mr. HEINRICH, Mrs. MUR- the Eastern District of Pennsylvania. S. 494. A bill to amend the Internal Rev- RAY, and Mr. UDALL of New Mexico): Luis Felipe Restrepo, of Pennsylvania, to enue Code of 1986 to expand the types of live- S. 507. A bill to establish the Manhattan be United States District Judge for the East- stock for which bonus depreciation is avail- Project National Historical Park in Oak ern District of Pennsylvania. able; to the Committee on Finance. Ridge, Tennessee, Los Alamos, New Mexico, Jeffrey L. Schmehl, of Pennsylvania, to be By Mr. BURR (for himself, Mr. ISAK- and Hanford, Washington, and for other pur- United States District Judge for the Eastern SON, Mr. CORNYN, Mr. HELLER, and poses; to the Committee on Energy and Nat- District of Pennsylvania. Mr. BOOZMAN): ural Resources.

VerDate Mar 15 2010 00:46 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.022 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1270 CONGRESSIONAL RECORD — SENATE March 7, 2013 By Mr. MENENDEZ (for himself and (Mr. INHOFE) and the Senator from (Mr. BLUMENTHAL) was added as a co- Mr. GRASSLEY): North Dakota (Ms. HEITKAMP) were sponsor of S. 323, a bill to amend title S. 508. A bill to amend part D of title IV of added as cosponsors of S. 169, a bill to XVIII of the Social Security Act to the Social Security Act to improve the en- amend the Immigration and Nation- forcement, collection, and administration of provide for extended months of Medi- child support payments, and for other pur- ality Act to authorize additional visas care coverage of immunosuppressive poses; to the Committee on Finance. for well-educated aliens to live and drugs for kidney transplant patients By Mr. HATCH: work in the United States, and for and other renal dialysis provisions. S. 509. A bill to provide for the conveyance other purposes. S. 330 of certain parcels of National Forest System S. 183 At the request of Mrs. BOXER, the land to the city of Fruit Heights, Utah; to At the request of Mrs. MCCASKILL, name of the Senator from Wyoming the Committee on Energy and Natural Re- the name of the Senator from Ohio sources. (Mr. ENZI) was added as a cosponsor of (Mr. PORTMAN) was added as a cospon- By Mr. HATCH: S. 330, a bill to amend the Public S. 510. A bill to authorize the Secretary of sor of S. 183, a bill to amend title XVIII Health Service Act to establish safe- the Interior to convey certain interests in of the Social Security Act to provide guards and standards of quality for re- Federal land acquired for the Scofield for fairness in hospital payments under search and transplantation of organs Project in Carbon County, Utah; to the Com- the Medicare program. infected with human immuno- mittee on Energy and Natural Resources. S. 203 deficiency virus (HIV). f At the request of Mr. PORTMAN, the S. 338 SUBMISSION OF CONCURRENT AND name of the Senator from Ohio (Mr. At the request of Mr. BAUCUS, the SENATE RESOLUTIONS BROWN) was added as a cosponsor of S. name of the Senator from New Jersey 203, a bill to require the Secretary of The following concurrent resolutions (Mr. LAUTENBERG) was added as a co- the Treasury to mint coins in recogni- sponsor of S. 338, a bill to amend the and Senate resolutions were read, and tion and celebration of the Pro Foot- referred (or acted upon), as indicated: Land and Water Conservation Fund ball Hall of Fame. Act of 1965 to provide consistent and By Mr. INHOFE: S. 210 S. Res. 69. A resolution calling for the pro- reliable authority for, and for the fund- At the request of Mr. HELLER, the ing of, the land and water conservation tections of religious minority rights and name of the Senator from Arizona (Mr. freedoms in the Arab world; to the Com- fund to maximize the effectiveness of mittee on Foreign Relations. MCCAIN) was added as a cosponsor of S. the fund for future generations, and for By Mr. MENENDEZ: 210, a bill to amend title 18, United other purposes. S. Res. 70. A resolution designating the States Code, with respect to fraudulent S. 346 last full week of July 2013 as ‘‘National Moth representations about having received At the request of Mr. TESTER, the Week’’, recognizing the importance of moths military declarations or medals. name of the Senator from North Da- in the United States, and recognizing the S. 217 value of National Moth Week for promoting kota (Ms. HEITKAMP) was added as a co- At the request of Mrs. MURRAY, the the conservation of moths and increasing the sponsor of S. 346, a bill to amend title name of the Senator from New Jersey awareness, study, and appreciation of moths, 10, United States Code, to permit vet- (Mr. LAUTENBERG) was added as a co- their incredible biodiversity, and their im- erans who have a service-connected, sponsor of S. 217, a bill to amend the portance to ecosystem health; to the Com- permanent disability rated as total to Elementary and Secondary Education mittee on the Judiciary. travel on military aircraft in the same By Mr. BURR (for himself and Mr. Act of 1965 to require the Secretary of manner and to the same extent as re- SANDERS): Education to collect information from tired members of the Armed Forces en- S. Res. 71. A resolution designating the coeducational elementary schools and titled to such travel. week of March 4 through March 8, 2013, as secondary schools on such schools’ ath- ‘‘Military and Veterans Caregiver Week’’; letic programs, and for other purposes. S. 357 considered and agreed to. At the request of Mr. CARDIN, the S. 269 By Mr. HARKIN (for himself and Mr. name of the Senator from Delaware GRASSLEY): At the request of Mr. ROCKEFELLER, (Mr. COONS) was added as a cosponsor S. Res. 72. A resolution to observe the con- the name of the Senator from Cali- of S. 357, a bill to encourage, enhance, tributions of the American Chiropractic As- fornia (Mrs. BOXER) was added as a co- sociation and to recognize the 50th anniver- sponsor of S. 269, a bill to establish uni- and integrate Blue Alert plans sary of the founding of the organization; con- form administrative and enforcement throughout the United States in order sidered and agreed to. authorities for the enforcement of the to disseminate information when a law By Mr. BENNET (for himself, Mr. High Seas Driftnet Fishing Morato- enforcement officer is seriously injured HATCH, Mr. MERKLEY, Mr. WYDEN, or killed in the line of duty. Mr. BOOZMAN, and Mrs. MURRAY): rium Protection Act and similar stat- S. Res. 73. A resolution designating March utes, and for other purposes. S. 370 11, 2013, as ‘‘World Plumbing Day’’; consid- S. 294 At the request of Ms. MIKULSKI, the ered and agreed to. At the request of Mr. TESTER, the name of the Senator from Delaware f name of the Senator from Louisiana (Mr. COONS) was added as a cosponsor of S. 370, a bill to improve and expand ADDITIONAL COSPONSORS (Ms. LANDRIEU) was added as a cospon- sor of S. 294, a bill to amend title 38, geographic literacy among kinder- S. 84 United States Code, to improve the dis- garten through grade 12 students in the At the request of Ms. MIKULSKI, the ability compensation evaluation proce- United States by improving profes- name of the Senator from Virginia (Mr. dure of the Secretary of Veterans Af- sional development programs for kin- KAINE) was added as a cosponsor of S. fairs for veterans with mental health dergarten through grade 12 teachers of- 84, a bill to amend the Fair Labor conditions related to military sexual fered through institutions of higher Standards Act of 1938 to provide more trauma, and for other purposes. education. effective remedies to victims of dis- S. 313 S. 427 crimination in the payment of wages At the request of Mr. CASEY, the At the request of Mr. HOEVEN, the on the basis of sex, and for other pur- name of the Senator from New Jersey name of the Senator from North Da- poses. (Mr. LAUTENBERG) was added as a co- kota (Ms. HEITKAMP) was added as a co- S. 116 sponsor of S. 313, a bill to amend the sponsor of S. 427, a bill to amend the At the request of Mr. REED, the name Internal Revenue Code of 1986 to pro- Richard B. Russell National School of the Senator from Iowa (Mr. GRASS- vide for the tax treatment of ABLE ac- Lunch Act to provide flexibility to LEY) was added as a cosponsor of S. 116, counts established under State pro- school food authorities in meeting cer- a bill to revise and extend provisions grams for the care of family members tain nutritional requirements for the under the Garrett Lee Smith Memorial with disabilities, and for other pur- school lunch and breakfast programs, Act. poses. and for other purposes. S. 169 S. 323 S. 445 At the request of Mr. HATCH, the At the request of Mr. DURBIN, the At the request of Mr. FRANKEN, the names of the Senator from Oklahoma name of the Senator from Connecticut name of the Senator from Washington

VerDate Mar 15 2010 00:46 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.026 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1271 (Ms. CANTWELL) was added as a cospon- Mr. UDALL of Colorado. Mr. Presi- By Ms. COLLINS (for herself and sor of S. 445, a bill to improve security dent, I rise today to introduce legisla- Mr. SCHUMER): at State and local courthouses. tion recognizing one of Colorado’s most S. 506. A bill to amend the Internal S. 448 historically significant regions—the Revenue Code of 1986 to provide re- At the request of Mr. RUBIO, the San Luis Valley. cruitment and retention incentives for name of the Senator from Nevada (Mr. It is no exaggeration to say that the volunteer emergency service workers; HELLER) was added as a cosponsor of S. unique history and culture of the re- to the Committee on Finance. 448, a bill to allow seniors to file their gion we commonly call ‘the Valley’ is Ms. COLLINS. Mr. President, I rise Federal income tax on a new Form one of the richest in our state, region, today to introduce the Volunteer 1040SR. and nation, particularly as an example Emergency Services Recruitment and S. 452 of early Hispano and Latino settle- Retention Act of 2013. This bill fixes a At the request of Mr. FRANKEN, the ment. As an avid student of history— long-standing problem with the tax names of the Senator from New Jersey like so many of my colleagues—I find code that impedes the ability of volun- (Mr. MENENDEZ) and the Senator from that the more I learn and experience teer fire departments to recruit and re- Florida (Mr. NELSON) were added as co- the stories, people, and places of the tain both firefighter and emergency sponsors of S. 452, a bill to amend title Valley, the more I want to learn. service personnel. XVIII of the Social Security Act to re- First explored by Spanish Colonial For years, local and State govern- duce the incidence of diabetes among expeditions in the 17th century, ments have provided their volunteer Medicare beneficiaries. Hispano families from Northern New firefighters and EMS personnel with Mexico made many attempts at perma- S. 463 different forms of benefits including nent settlement in this region, but At the request of Mr. PRYOR, the Length of Service Award Plans, com- name of the Senator from Louisiana weren’t successful until the late 1840s, monly known as LOSAPs. These are after the territory became part of Mex- (Ms. LANDRIEU) was added as a cospon- pension-like benefits for volunteer sor of S. 463, a bill to amend the Farm ico. With the oldest town, San Luis, emergency responders. Security and Rural Investment Act of and the oldest water right, the People’s Unfortunately, the way the tax code 2002 to modify the definition of the Ditch, in Colorado, the San Luis Valley handles LOSAPs hinders departments’ term ‘‘biobased product’’. hosts some of the most intact Mexican abilities to administer the plans and territorial settlements in the South- makes it more difficult for volunteer S. 470 west. Many descendants of those origi- emergency personnel to receive the At the request of Mr. TESTER, the nal settlers continue to live in the re- names of the Senator from North Da- benefits. gion today. My bill would simplify the taxation kota (Ms. HEITKAMP), the Senator from But despite this incredibly rich his- of LOSAPs in two steps. First, it would Louisiana (Ms. LANDRIEU), the Senator tory, millions of people visit Colorado allow LOSAPs to be elected as deferred from Vermont (Mr. LEAHY), the Sen- every year who are not familiar with compensation plans, and second, it ator from North Carolina (Mr. BURR), the San Luis Valley. The legislation I would exempt them from the Employee the Senator from Alaska (Mr. BEGICH) am introducing today would create the and the Senator from Connecticut (Mr. Retirement Income Security Act of Sangre de Cristo National Historic 1974. These two changes will improve MURPHY) were added as cosponsors of Park, named for the stunning moun- S. 470, a bill to amend title 10, United access to LOSAP benefits for volunteer tain range that forms the eastern bor- emergency responders, without in- States Code, to require that the Purple der of the valley. The Sangre de Cristo Heart occupy a position of precedence creasing federal spending. National Historic Park would link to- Today, an estimated 180,000 volunteer above the new Distinguished Warfare gether a series of historically signifi- Medal. firefighters across 27 states participate cant sites throughout the valley—pro- in some form of LOSAP. Many States S. 484 tecting and preserving them for future that do not offer these benefits would At the request of Mr. INHOFE, the generations to experience and learn be more likely to do so if the Federal name of the Senator from Mississippi from. tax code were simplified. This, in turn, (Mr. WICKER) was added as a cosponsor Creating this park will help to tell would help volunteer fire departments of S. 484, a bill to amend the Toxic Sub- the story of Colorado’s earliest set- to recruit more easily and retain per- stances Control Act relating to lead- tlers. sonnel. These men and women, our based paint renovation and remodeling Telling these stories and protecting local first responders, are the founda- activities. these sites is important because of tion of our emergency response capa- S. CON. RES. 6 their intrinsic value to our history, bilities. At the request of Mr. BARRASSO, the culture and future generations. But These volunteers put their lives on name of the Senator from Oklahoma they are also important to the econ- the line to help protect our commu- (Mr. INHOFE) was added as a cosponsor omy as our state and country are nities, and their spirit of selflessness of S. Con. Res. 6, a concurrent resolu- emerging from the worst economy in a and service should be rewarded. I am tion supporting the Local Radio Free- generation. The Sangre de Cristo Na- pleased to introduce this legislation dom Act. tional Historic Park could serve as an with Senator SCHUMER, and I look for- S. RES. 26 anchor for a regional tourism economy ward to working with my colleagues to At the request of Mr. MORAN, the that can bring jobs to the entire San pass this bill through the Senate and names of the Senator from Montana Luis Valley and Southern Colorado into law. (Mr. TESTER) and the Senator from while recognizing and celebrating the f Idaho (Mr. RISCH) were added as co- Valley’s rich and important history. sponsors of S. Res. 26, a resolution rec- Over the last several years, I have SUBMITTED RESOLUTIONS ognizing that access to hospitals and held a series of town hall meetings in other health care providers for patients San Luis, La Jara and Alamosa to in rural areas of the United States is learn more about the recently created SENATE RESOLUTION 69—CALLING essential to the survival and success of Sangre de Cristo National Heritage FOR THE PROTECTIONS OF RELI- communities in the United States. Area and to hear the views of the local GIOUS MINORITY RIGHTS AND FREEDOMS IN THE ARAB WORLD f communities. I heard a great deal of support for the National Historic Park Mr. INHOFE submitted the following STATEMENTS ON INTRODUCED concept, and today marks an impor- resolution; which was referred to the BILLS AND JOINT RESOLUTIONS tant step forward in the process of cre- Committee on Foreign Relations: By Mr. UDALL of Colorado: ating this meaningful, if overdue, park. S. RES. 69 S. 503. A bill to establish the Sangre I look forward to working with Whereas, on January 25, 2011, in Tahrir de Cristo National Historical Park, and stakeholders, local communities and Square, Egyptian protestors found their for other purposes; to the Committee my colleagues to move this legislation voice when they successfully ended the 30- on Energy and Natural Resources. forward. plus year rule of President Mubarak and

VerDate Mar 15 2010 01:29 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.029 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1272 CONGRESSIONAL RECORD — SENATE March 7, 2013 began the work of creating a true democratic SENATE RESOLUTION 70—DESIG- (3) applauds National Moth Week and the government, a government that supports and NATING THE LAST FULL WEEK efforts of participants to increase awareness protects inalienable rights and freedoms, in- OF JULY 2013 AS ‘‘NATIONAL about the important role of moths and build cluding the freedom of religion; support for increasing the study, apprecia- MOTH WEEK’’, RECOGNIZING THE tion, and conservation of moths; and Whereas the fervor and spirit of these revo- IMPORTANCE OF MOTHS IN THE lutions have taken wing in other Arab na- (4) encourages the people of the United tions such as Tunisia, Libya, and Syria; UNITED STATES, AND RECOG- States to observe National Moth Week with Whereas, reminiscent of the 1968 ‘‘Prague NIZING THE VALUE OF NA- appropriate activities. Spring’’ in the former Czechoslovakia, many TIONAL MOTH WEEK FOR PRO- f MOTING THE CONSERVATION OF have called this revolutionary period an SENATE RESOLUTION 71—DESIG- ‘‘Arab Spring’’, where ordinary citizens have MOTHS AND INCREASING THE NATING THE WEEK OF MARCH 4 taken to the streets demanding an end to AWARENESS, STUDY, AND AP- THROUGH MARCH 8, 2013, AS corruption, political cronyism, and govern- PRECIATION OF MOTHS, THEIR ‘‘MILITARY AND VETERANS ment repression; INCREDIBLE BIODIVERSITY, AND CAREGIVER WEEK’’ Whereas, in the midst of newly acquired THEIR IMPORTANCE TO ECO- freedoms, including those of speech, press, SYSTEM HEALTH Mr. BURR (for himself and Mr. SAND- and assembly, it is extremely important that ERS) submitted the following resolu- religious minorities in these countries be Mr. MENENDEZ submitted the fol- tion; which was considered and agreed protected from violence and guaranteed the lowing resolution; which was referred to: freedom to practice their religion and to ex- to the Committee on the Judiciary: press religious thought; S. RES. 71 S. RES. 70 Whereas Article 18 of the Universal Dec- Whereas more than 2,400,000 members of laration of Human Rights recognizes that Whereas moths are an incredibly diverse the Armed Forces have been deployed to Iraq ‘‘[e]veryone has the right to freedom of type of insect, with more than 12,000 species and Afghanistan since October 2001, 6,640 thought, conscience, and religion; this right in the continental United States and Canada; have been killed in action, more than 50,000 includes freedom to change his religion or Whereas moths live everywhere and in have been wounded in action, and 1,715 have belief, and freedom, either alone or in com- every habitat, from inner cities to the most undergone an amputation for a battle-re- remote and wild places; munity with others and in public or private, lated injury; Whereas moths are important pollinators Whereas the signature wounds of members to manifest his religion or belief in teaching, and are an essential part of the food web, of the Armed Forces who have served in Op- practice, worship, and observance’’; providing food for a vast number of birds, eration Enduring Freedom, Operation Iraqi Whereas the freedom to worship by minor- bats, and other animals; Freedom, and Operation New Dawn are trau- ity religious communities in Arab nations Whereas moths are indicators of a healthy matic brain injury and post-traumatic stress has come under repeated and deadly attack environment, as habitats rich in moths are disorder; in recent months; diverse in other insects and wildlife; Whereas, between January 1, 2000, and Au- Whereas, on November 1, 2010, the deadliest Whereas monitoring the diversity and dis- gust 20, 2012, 253,330 cases of traumatic brain ever recorded attack on Iraqi Christians oc- tribution of moths can provide vital clues to injury were diagnosed among members of the curred at the Sayidat al-Nejat Catholic Ca- changes in the environment; Armed Forces, and approximately 6,500 cases thedral located in central Baghdad, where Whereas knowledge about many moths and were classified as severe or penetrating; militants stormed the church and detonated moth caterpillars is limited; Whereas studies have shown that the prev- 2 suicide vests filled with ball bearings, kill- Whereas scientists believe that many moth alence of post-traumatic stress disorder ing 58 and wounding 78 parishioners; species may be declining; among veterans who served in Operation En- Whereas, on January 1, 2011, a suicide Whereas the lack of natural history infor- during Freedom or Operation Iraqi Freedom bomber blew himself up in front of the Saint mation about many moth species provides an ranges between 15 and 20 percent, and reports George and Bishop Peter Church in Cairo, opportunity for an individual to potentially from the Department of Veterans Affairs killing 21 Egyptian Coptic Christians, a make a meaningful scientific contribution show that 29 percent of veterans who served Christian minority group that accounts for 9 relating to moths; in Operation Enduring Freedom or Operation percent of Egypt’s population of 80,000,000; Whereas National Moth Week, which was Iraqi Freedom and sought health care during Whereas the freedom to proselytize by mi- established in 2011 in East Brunswick, New fiscal years 2002 through 2012 had post-trau- nority religious communities in Arab na- Jersey by the Friends of the East Brunswick matic stress disorder; tions has also come under repeated and dead- Environmental Commission, is a national Whereas many of the members of the ly attack in recent months through so-called and global collaboration of many individ- Armed Forces and veterans who served in blasphemy laws that are punishable by uals, environmental groups, and conserva- Operation Enduring Freedom or Operation death; tion organizations focusing much-needed at- Iraqi Freedom and suffered these injuries re- Whereas, on January 4, 2011, Governor tention on moths and their ecological, edu- quire assistance from a family caregiver to Salman Tasser, who courageously sought to cational, and cultural significance; complete activities of daily living such as release Aasia Bibi, a Christian woman and Whereas participants National Moth Week bathing, dressing, and feeding, or instru- mother of 5 who was sentenced to death events collect valuable information about mental activities such as transportation, under Pakistan’s blasphemy laws, was moths and make that information available meal preparation, and health management; gunned down by his own security guard be- to naturalists, ecologists, and conservation Whereas as many as 1,000,000 spouses, par- cause of his support for reforming the blas- scientists; ents, and children of veterans have served or phemy laws; Whereas National Moth Week is intended are currently serving as family caregivers to Whereas, on March 2, 2011, Shahbaz Bhatti, to encourage everyone, especially citizen sci- veterans who served in Operation Enduring Pakistan’s only Christian cabinet member entists, to help increase knowledge about Freedom or Operation Iraqi Freedom, ac- and passionate supporter of interfaith toler- moths through observation and study; cording to a study of military caregivers ance and repeal of Pakistan’s blasphemy law, Whereas National Moth Week was cele- conducted by the RAND Corporation; was assassinated by multiple gunmen, leav- brated from July 23 through July 29, 2012, in Whereas section 1672 of the National De- ing his body and vehicle riddled with 80 bul- more than 300 participating locations in 49 fense Authorization Act for Fiscal Year 2008 lets and anti-Christian pamphlets strewn States, Puerto Rico, the District of Colum- (Public Law 110–181; 10 U.S.C. 1071 note) in- bia, and 28 countries; over his body; and troduced an expansion of medical care avail- Whereas National Moth Week is celebrated Whereas, on February 21, 2013, Sherry able to family caregivers, and the Caregivers each summer during the last full week in Rehman, Pakistan’s Ambassador to the and Veterans Omnibus Health Services Act July; and of 2010 (Public Law 111–163) facilitated a new United States, and a vocal proponent of re- Whereas the National Moth Week web site, program for access to health insurance, men- pealing Pakistan’s blasphemy law, was her- www.nationalmothweek.org, is filled with in- tal health services, caregiver training, and self accused of blasphemy, and the Supreme formation and resources relating to moths: respite care by family caregivers of veterans Court of Pakistan ordered police in the cen- Now, therefore, be it who served in Operation Enduring Freedom tral Pakistani city of Multan to investigate: Resolved, That the Senate— or Operation Iraqi Freedom; Now, therefore, be it (1) designates the last full week of July Whereas the program provided under the Resolved, That the Senate— 2013 as ‘‘National Moth Week’’; Caregivers and Veterans Omnibus Health (1) recognizes, in this spirit of Arab Spring (2) recognizes the importance of moths in Services Act of 2010 (Public Law 111–163) is revolution, that religious minority freedoms the United States and the value of National limited to veterans enrolled in the Veterans and rights must be protected; and Moth Week for promoting the conservation Health Administration, who sustained a seri- (2) urges in the strongest terms that the of moths and increasing the awareness, ous injury in the line of duty after Sep- United States Government lead the inter- study, and appreciation of moths, their in- tember 11, 2001, and who require at least 6 national effort to repeal existing blasphemy credible biodiversity, and their importance months of personal care services because of laws. to ecosystem health; an inability to perform activities of daily

VerDate Mar 15 2010 00:46 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.036 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 7, 2013 CONGRESSIONAL RECORD — SENATE S1273 living or who require supervision due to neu- Whereas the American Chiropractic Asso- March 7, 2013, at 10 a.m., to conduct a rological impairment; and ciation is a vocal advocate of evidence-based hearing entitled ‘‘Patterns of Abuse: Whereas the primary caregivers of mem- medicine and the delivery of effective health Assessing Bank Secrecy Act Compli- bers of the Armed Forces and veterans in- care services based on scientific research; ance and Enforcement.’’ jured in the line of duty make tremendous and sacrifices of their own, saving the United Whereas 2013 is the 50th anniversary of the The PRESIDING OFFICER. Without States millions of dollars in health care and founding of the American Chiropractic Asso- objection, it is so ordered. potential institutionalization costs: Now, ciation: Now, therefore, be it COMMITTEE ON COMMERCE, SCIENCE, AND therefore, be it Resolved, That the Senate recognizes the TRANSPORTATION Resolved, That the Senate— many important contributions of the Amer- Mr. DURBIN. Mr. President, I ask (1) designates the week of March 4 through ican Chiropractic Association to the welfare unanimous consent that the Com- March 8, 2013, as ‘‘Military and Veterans of both the chiropractic profession and our Caregiver Week’’; mittee on Commerce, Science, and the health delivery system of the United Transportation be authorized to meet (2) honors caregivers of members of the States and recognizes the 50th Anniversary Armed Forces and veterans for their service of the founding of the Association. during the session of the Senate on and sacrifice to the United States; and March 7, 2013, at 2:30 p.m., in room G50 (3) calls upon the people of the United f of the Dirksen Senate Office Building, States— SENATE RESOLUTION 73—DESIG- to conduct a hearing entitled ‘‘The Cy- (A) to observe the week with appropriate NATING MARCH 11, 2013, AS bersecurity Partnership Between the activities and events; and ‘‘WORLD PLUMBING DAY’’ (B) to participate in activities that will Private Sector and Our Government: show support to military families and the Mr. BENNET (for himself, Mr. HATCH, Protecting Our National and Economic sacrifices endured by those families in serv- Mr. MERKLEY, Mr. WYDEN, Mr. BOOZ- Security.’’ ice to the United States. MAN, and Mrs. MURRAY) submitted the The PRESIDING OFFICER. Without f following resolution; which was consid- objection, it is so ordered. SENATE RESOLUTION 72—TO OB- ered and agreed to: COMMITTEE ON ENERGY AND NATURAL RESOURCES SERVE THE CONTRIBUTIONS OF S. RES. 73 Mr. DURBIN. Mr. President, I ask THE AMERICAN CHIROPRACTIC Whereas the plumbing industry plays an ASSOCIATION AND TO RECOG- important role in safeguarding the public unanimous consent that the Com- NIZE THE 50TH ANNIVERSARY OF health of the people of the United States and mittee on Energy and Natural Re- THE FOUNDING OF THE ORGANI- the world; sources be authorized to meet during ZATION Whereas 884,000,000 people around the world the session of the Senate on March 7, do not have access to safe drinking water; 2013, at 10 a.m., in room SD–366 of the Mr. HARKIN (for himself and Mr. Whereas 2,600,000,000 people around the Dirksen Senate Office Building. GRASSLEY) submitted the following res- world live without adequate sanitation fa- The PRESIDING OFFICER. Without olution; which was considered and cilities; objection, it is so ordered. agreed to: Whereas lack of sanitation is the leading COMMITTEE ON FOREIGN RELATIONS S. RES. 72 cause of infection in the world; Whereas, in the developing world, 24,000 Mr. DURBIN. Mr. President, I ask Whereas the chiropractic profession is a children under the age of 5 die every day unanimous consent that the Com- holistic, wellness-oriented healing art found- from preventable causes, such as diarrhea mittee on Foreign Relations be author- ed in the United States; contracted from unclean water; Whereas doctors of chiropractic are li- ized to meet during the session of the Whereas safe and efficient plumbing saves Senate on March 7, 2013, at 10 a.m., to censed to serve as primary care, portal-of- money and reduces future water supply costs entry healthcare providers in all 50 of the and infrastructure costs; hold a hearing entitled ‘‘U.S. Policy United States; Whereas the installation of modern plumb- Toward North Korea.’’ Whereas doctors of chiropractic have broad ing systems must be accomplished in a spe- The PRESIDING OFFICER. Without diagnostic skills and are trained to rec- cific and safe manner by trained profes- objection, it is so ordered. ommend therapeutic and rehabilitative exer- sionals to prevent widespread disease, which cises, as well as to provide nutritional, die- COMMITTEE ON HOMELAND SECURITY AND can be crippling and deadly to a community; GOVERNMENTAL AFFAIRS tary, and lifestyle counseling, reaffirming Whereas the people of the United States their role as providers trained in wellness Mr. DURBIN. Mr. President, I ask rely on plumbing professionals to maintain, unanimous consent that the Com- and prevention; repair, and rebuild the aging water infra- Whereas it is estimated that approxi- structure of the United States; mittee on Homeland Security and Gov- mately 22,000,000 Americans annually seek Whereas Congress and plumbing profes- ernmental Affairs be authorized to care from a doctor of chiropractic for a range sionals across the United States and the meet during the session of the Senate of health conditions; world are committed to safeguarding public on March 7, 2013, at 2:30 p.m., to con- Whereas due to the popularity of chiro- health; and practic care for the treating a range of spi- duct a hearing entitled ‘‘The Cyberse- Whereas the founding organization of curity Partnership Between the Pri- nal-related maladies including back and World Plumbing Day, the World Plumbing neck pain which are widespread throughout vate Sector and Our Government: Pro- Council, is currently chaired by GP Russ tecting Our National and Economic Se- our society, the chiropractic profession Chaney, a United States citizen: Now, there- serves as a critically important part of fore, be it curity.’’ America’s health delivery system; Resolved, That the Senate designates The PRESIDING OFFICER. Without Whereas Congress has recognized the value March 11, 2013, as ‘‘World Plumbing Day’’. objection, it is so ordered. and contributions of the chiropractic profes- COMMITTEE ON THE JUDICIARY sion by enacting several provisions of law f aimed at integrating chiropractic care into Mr. DURBIN. Mr. President, I ask AUTHORITY FOR COMMITTEES TO unanimous consent that the Com- the Department of Veterans Affairs and the MEET Department of Defense health care system; mittee on the Judiciary be authorized Whereas the American Chiropractic Asso- COMMITTEE ON ARMED SERVICES to meet during the session of the Sen- ciation serves as the chiropractic profes- Mr. DURBIN. Mr. President, I ask ate on March 7, 2013, at 10 a.m., in SD– sion’s premier leadership and professional unanimous consent that the Com- 366 of the Dirksen Senate Office Build- organization nationally; mittee on Armed Services be author- ing, to conduct an executive business Whereas the American Chiropractic Asso- ciation has established a well-deserved rep- ized to meet during the session of the meeting. utation for upholding and promoting the Senate on March 7, 2013, at 9:30 a.m. The PRESIDING OFFICER. Without highest ethical and professional standards The PRESIDING OFFICER. Without objection, it is so ordered. for the practice of chiropractic care; objection, it is so ordered. SELECT COMMITTEE ON INTELLIGENCE Whereas the American Chiropractic Asso- COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. DURBIN. Mr. President, I ask ciation is committed to excellence in chiro- AFFAIRS unanimous consent that the Select practic education, including continuing edu- Mr. DURBIN. Mr. President, I ask Committee on Intelligence be author- cation; Whereas the American Chiropractic Asso- unanimous consent that the Com- ized to meet during the session of the ciation seeks to promote timely access to mittee on Banking, Housing, and Senate on March 7, 2013, at 2:30 p.m. health care, including the promotion of Urban Affairs be authorized to meet The PRESIDING OFFICER. Without wellness and disease prevention; during the session of the Senate on objection, it is so ordered.

VerDate Mar 15 2010 01:29 Mar 08, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.037 S07MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1274 CONGRESSIONAL RECORD — SENATE March 7, 2013 ORDERED TO BE PLACED ON THE Mr. WHITEHOUSE. I ask unanimous PROGRAM CALENDAR—H.R. 933 consent the resolutions by agreed to, Mr. WHITEHOUSE. I am informed Mr. WHITEHOUSE. Mr. President, I the preambles be agreed to, and the that at 5:30 p.m. on Monday there will ask unanimous consent that H.R. 933, motions to reconsider be laid on the be at least one rollcall vote on con- which was received from the House and table en bloc, with no intervening ac- firmation of the Taranto nomination. is at the desk, be placed on the cal- tion or debate. We hope to begin consideration of H.R. endar. The PRESIDING OFFICER. Without 933, the continuing appropriations bill The PRESIDING OFFICER. Without objection, it is so ordered. received from the House. objection, it is so ordered. The resolutions were agreed to. The preambles were agreed to. f f (The resolutions, with their pre- ORDERS FOR MONDAY, MARCH 11, ambles, are printed in today’s RECORD ADJOURNMENT UNTIL MONDAY, 2013 under ‘‘Submitted Resolutions.’’) MARCH 11, 2013, AT 2 P.M. Mr. WHITEHOUSE. Mr. President, I f Mr. WHITEHOUSE. If there is no fur- ask unanimous consent that on Mon- ther business to come before the Sen- day, March 11, 2013, at 5 p.m., the Sen- MEASURE READ THE FIRST ate, I ask unanimous consent it ad- ate proceed to executive session to con- TIME—S. 505 journ under the previous order. sider the following nominations: Cal- Mr. WHITEHOUSE. I understand There being no objection, the Senate, endar Nos. 9 and 17; that there be 30 there is a bill at the desk, and I ask for at 4:44 p.m, adjourned until Monday, minutes for debate equally divided in its first reading. March 11, 2013, at 2 p.m. the usual form; that upon the use or The PRESIDING OFFICER. The yielding back of time, the Senate pro- clerk will report the bill by title for f ceed to vote, without intervening ac- the first time. tion or debate, on the nominations in The bill clerk read as follows: NOMINATIONS the order listed; that the motions to A bill (S. 505) to prohibit the use of drones Executive nominations received by reconsider be considered made and laid to kill citizens of the United States within the Senate: upon the table, with no intervening ac- the United States. EXECUTIVE OFFICE OF THE PRESIDENT tion or debate; that no further motions Mr. WHITEHOUSE. I now ask for a be in order; that any related state- SYLVIA MATHEWS BURWELL, OF WEST VIRGINIA, TO second reading, and in order to place BE DIRECTOR OF THE OFFICE OF MANAGEMENT AND ments be printed in the RECORD; that the bill on the calendar under the pro- BUDGET, VICE JACOB J. LEW, RESIGNED. the President be immediately notified visions of rule XIV, I object to my own FEDERAL LABOR RELATIONS AUTHORITY of the Senate’s action; and that the request. ERNEST W. DUBESTER, OF VIRGINIA, TO BE A MEMBER Senate then resume legislative session. OF THE FEDERAL LABOR RELATIONS AUTHORITY FOR A The PRESIDING OFFICER. Objec- TERM OF FIVE YEARS EXPIRING JULY 29, 2017. (RE- The PRESIDING OFFICER. Without tion having been heard, the bill will be APPOINTMENT) objection, it is so ordered. read the second time on the next legis- NATIONAL INSTITUTE OF BUILDING SCIENCES f lative day. TIMOTHY HYUNGROCK HAAHS, OF PENNSYLVANIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE NA- APPOINTMENT f TIONAL INSTITUTE OF BUILDING SCIENCES FOR A TERM The PRESIDING OFFICER. The EXPIRING SEPTEMBER 7, 2014, VICE MORGAN EDWARDS, ORDERS FOR MONDAY, MARCH 11, TERM EXPIRED. Chair, on behalf of the majority leader, 2013 NATIONAL FOUNDATION ON THE ARTS AND THE pursuant to Public Law 112–275, ap- HUMANITIES points the following individuals to be Mr. WHITEHOUSE. I ask unanimous JOHN UNSWORTH, OF MASSACHUSETTS, TO BE A MEM- members of the Commission to Elimi- consent that when the Senate com- BER OF NATIONAL COUNCIL ON THE HUMANITIES FOR A nate Child Abuse and Neglect Fatali- pletes its business today, it adjourn TERM EXPIRING JANUARY 26, 2016, VICE JEAN B. ELSHTAIN, TERM EXPIRED. ties: Amy Ayoub of Nevada, and until 2 p.m. on Monday, March 11, 2013; ENVIRONMENTAL PROTECTION AGENCY Marilyn Zimmerman of Montana. that following the prayer and pledge, the morning hour be deemed expired, REGINA MCCARTHY, OF MASSACHUSETTS, TO BE AD- f MINISTRATOR OF THE ENVIRONMENTAL PROTECTION the Journal of proceedings be approved AGENCY, VICE LISA PEREZ JACKSON, RESIGNED. RESOLUTIONS SUBMITTED TODAY to date, and the time for the two lead- DEPARTMENT OF ENERGY ers be reserved for their use later in Mr. WHITEHOUSE. Mr. President, I ERNEST J. MONIZ, OF MASSACHUSETTS, TO BE SEC- ask unanimous consent that the Sen- the day; and that following any leader RETARY OF ENERGY, VICE STEVEN CHU. ate proceed to the immediate consider- remarks the Senate be in a period of ation en bloc of the following resolu- morning business until 5 o’clock p.m., f tions which were submitted earlier with Senators permitted to speak today: S. Res. 71, S. Res. 72, and Res. therein for up to 10 minutes each; fur- CONFIRMATION 73. ther, that following morning business, Executive nomination confirmed by The PRESIDING OFFICER. Without the Senate proceed to executive session the Senate March 7, 2013: objection, it is so ordered. under the previous order. CENTRAL INTELLIGENCE AGENCY The Senate proceeded to consider the The PRESIDING OFFICER. Without JOHN OWEN BRENNAN, OF VIRGINIA, TO BE DIRECTOR resolutions en bloc. objection, it is so ordered. OF THE CENTRAL INTELLIGENCE AGENCY.

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