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

Vol. 159 WASHINGTON, WEDNESDAY, MAY 22, 2013 No. 73 House of Representatives The House met at 10 a.m. and was Today, peace officers in Houston, us. They sacrifice for us. The least we called to order by the Speaker pro tem- Texas, have placed a black band across can do is appreciate them for wearing pore (Mr. MCCLINTOCK). their badges in honor of one of the fall- the star or the badge over their heart, f en among their number. Sergeant protecting the rest of us. Dwayne Polk, 47, of the Harris County They are the only thing that stands DESIGNATION OF SPEAKER PRO Sheriff’s Department, was killed about between us and the lawless. They are TEMPORE 3 a.m. Sunday morning. He was headed among the best we have. So we mourn The SPEAKER pro tempore laid be- home in his uniform after working a the loss of Sergeant Polk, while thank- fore the House the following commu- contract assignment. ing the good Lord such men as him nication from the Speaker: Sergeant Polk grew up in Houston, ever lived. WASHINGTON, DC, Texas, with his three sisters and his And that’s just the way it is. May 22, 2013. two brothers. His mother always en- I hereby appoint the Honorable TOM couraged him and the other kids to f MCCLINTOCK to act as Speaker pro tempore read the Bible. THE EFFECTS OF SEQUESTRATION on this day. He had worked for the sheriff for 16 JOHN A. BOEHNER, The SPEAKER pro tempore. The Speaker of the House of Representatives. years. Sheriff Adrian Garcia said: It was tough talking to his son, but he will Chair recognizes the gentleman from f have many big brothers in the sheriff’s de- Maryland (Mr. HOYER) for 5 minutes. MORNING-HOUR DEBATE partment. Mr. HOYER. Mr. Speaker, as the se- The SPEAKER pro tempore. Pursu- As Sergeant Polk was driving home quester’s effects continue to place our ant to the order of the House of Janu- that Sunday morning, his pickup truck economy and national security at risk, ary 3, 2013, the Chair will now recog- was struck by Andres Munos-Munos, the news that 650,000 civilian defense nize Members from lists submitted by who ran a red light, never slowed down, workers will be forced to take unpaid the majority and minority leaders for and crashed into Polk. Polk was killed. leave ought to alarm all Americans morning-hour debate. Munos-Munos was drunk and had who are concerned about our military The Chair will alternate recognition minor injuries. readiness and national security. These between the parties, with each party Munos-Munos was charged with in- furloughs will affect thousands who limited to 1 hour and each Member toxication, manslaughter, and is in live in my district and thousands who other than the majority and minority jail. He had been convicted last year live in the districts of every Member leaders and the minority whip limited for drunk driving and unlawfully car- here. to 5 minutes each, but in no event shall rying a pistol. He went to jail for 30 After Congress voted earlier this debate continue beyond 11:50 a.m. days for that offense. News reports also month to end furloughs for air traffic controllers that had caused flight f say Munos-Munos was in the country illegally. delays, one would have expected there SERGEANT DWAYNE POLK, Last weekend, while Polk was being to be a unanimous outcry for the rest HARRIS COUNTY, TEXAS, LAWMAN killed in Texas, America’s families of of the sequester to be replaced. The SPEAKER pro tempore. The peace officers killed in the line of duty The best way to do that, of course, Chair recognizes the gentleman from last year were here in D.C. Their fallen Mr. Speaker, is with a big and balanced Texas (Mr. POE) for 5 minutes. were honored by thousands of other of- agreement, but, instead, Republicans Mr. POE of Texas. Mr. Speaker, peace ficers from America on the west side of in this House don’t seem interested. officers are the ones who diligently this Capitol. It’s not just Democrats who are protect and serve the people. They are Next year, about this time, Sergeant taken aback by their silence. Repub- the first to respond to the call for help Dwayne Polk, of Harris County, Texas, lican Senator and former Presidential in time of trouble. and the sheriff’s department will be re- nominee of the Republican Party, JOHN They go after the bad guys and pro- membered here as his name is read MCCAIN, said on May 14, just a few days vide us safe communities to live in. from the rollcall of the dead. ago, about these furloughs for civilian Some take extra jobs to make ends Citizens should appreciate the serv- defense employees: meet. They wear the badge of commit- ice of officers like Sergeant Polk. They Nobody seems to care. It’s amazing. It’s ment over their heart. Sheriffs depart- do the work most of us would never do. one of the most amazing things I’ve seen in ments in Texas wear a star over their They go into the worst places of our the years I’ve been in the Senate. heart. cities to root out evil that lives among So said JOHN MCCAIN.

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

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VerDate Mar 15 2010 01:44 May 23, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.000 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2842 CONGRESSIONAL RECORD — HOUSE May 22, 2013 Democrats continue to call for the Let’s stop wasting time and get to powerful because it’s about to get into sequester to be replaced with a bal- work on the most pressing challenge the health care business. ObamaCare anced approach to deficits that re- we face, and make the tough choices will be fully implemented by next Jan- stores fiscal discipline, preserves our necessary to restore fiscal stability and uary. And, according to the Treasury ability to pay for our military readi- invest in our economy and in our na- Department’s inspector general, the ness, and invests in a strong economy. tional security. new health care law is the largest set The sequester, on its own, is not a so- f of new tax law changes in 20 years. lution. It has been, however, Repub- The IRS will be hiring more bureau- lican policy all along and is now in ef- b 1010 crats to make sure Americans comply fect because they refuse to compromise FEDERAL GOVERNMENT IS TOO with these new laws and to oversee the in a bipartisan way to find a real solu- LARGE AND HAS TOO MUCH CON- flood of new personal information the tion. TROL Federal Government will be collecting If you go back to July of 2011 and The SPEAKER pro tempore. The on the American people. For example, look at the Republican offer of the Cut, Chair recognizes the gentleman from under ObamaCare, the Federal Govern- Cap and Balance bill, you will see that Ohio (Mr. JOHNSON) for 5 minutes. ment will require insurance companies sequestration is in there. It is the al- Mr. JOHNSON of Ohio. Mr. Speaker, to report to the IRS the name, the ad- ternative that Republicans put forth as I find it would be irresponsible if I dress, the identification number, and policy; 229 Republicans voted for that didn’t mention this. It sounds like the type of policy purchased by every cus- policy. lightbulb has come on for my colleague tomer. And, if that weren’t enough, the Well, they got what they wanted. On IRS will also require insurance compa- April 27, a report in The Hill said: from Maryland. He now says that we should replace the sequester. I only nies to detail whether or not individ- GOP leaders in the House said they have uals purchased ‘‘government-approved no plans to bring up broad legislation to re- wish that that lightbulb had come on when the House passed under Repub- health care’’ to ensure compliance with place sequestration, according to a leader- ObamaCare’s individual mandate. ship aide. lican leadership—twice—legislation in And, just yesterday, Lois Lerner, The men and women who are hard at the 112th Congress to replace the se- quester with responsible spending cuts. head of the IRS’ Exempt Organizations work supporting our troops and pro- Division, announced that she would be tecting our Nation are set to be fur- So it looks like here we are again. The recent admission by the IRS that invoking the Fifth Amendment to pro- loughed for 11 days this year—an un- tect herself from self-incrimination. fair, unplanned, undeserved pay cut, it used its considerable authority and The truth is that our Federal Govern- while, frankly, the leadership of this resources to target certain Americans ment is too big, too intrusive, and it’s House sits idly by and takes no action because of their political affiliation seeping into every aspect of our lives. to replace the sequester. should serve as an urgent warning to It’s taking away personal freedoms and The same goes for the other terrible all Americans: the Federal Government collecting personal data. It has shown effects sequestration could have: 70,000 is getting too large and has too much it can be manipulated to punish fellow eligible children kicked off Head Start; control. The simple truth is that when Americans for their political beliefs, 10,000 teachers’ jobs at risk; retirement the government expands, personal lib- all at the expense of the American tax- disability claims delayed; 4 million erty contracts. payer. fewer Meals on Wheels for seniors; I found it both stunning and reveal- 125,000 fewer rental assistance vouch- ing when the former adviser to Presi- And let me be clear: I’m not a no-reg- ers; 2,100 fewer food safety inspectors. dent Obama, David Axelrod, said this: ulation guy. We need commonsense Surely, if those were on the floor for Part of being President is there’s so much regulations to ensure that our food is a vote, most of us would not vote for beneath you that you can’t know because the safe, our air and water are clean, our them; but that’s what’s happening as a government is so vast. transportation system and infrastruc- result of the sequester. For a member of this President’s ture are sound, and that our financial We know, Mr. Speaker, what the Re- inner circle to admit that the Federal transactions are secure, among other publican plan is for these defense cuts, Government is so massive that it is es- things. However, this administration to pass appropriation bills in the House sentially not practical for the chief ex- has issued more than 10,000 regulations that shift those cuts so that domestic ecutive to hold it accountable or for to date, including 106 major new regu- programs, those education, Head Start, the President to effectively manage it lations imposing $46 billion in addi- food safety that I’ve just mentioned, is simply stunning. It also begs the tional costs that are being paid for by basic biomedical research, are cut question, if it is no longer possible for the American people. This means more more deeply than the parties agreed to the President of the United States to rules, more bureaucrats, bigger govern- in the Budget Control Act in 2011. oversee all the Federal agencies as- ment, and less freedom. We also understand, Mr. Speaker, and signed to him and to hold them ac- Most troubling to me is that we were everyone recognizes, that the domestic countable, then who is? Is anyone? founded as a constitutional Republic, cuts Republicans want to impose, in- As if the IRS scandal wasn’t bad governed by the rule of law. But there stead, couldn’t even pass the House, let enough, there are other troubling sto- are those in Washington who think we alone make it through the Senate or ries that have arisen in the last few should be a Nation governed by the law survive a certain veto. weeks. The Associated Press has said of rules, where the President and his So, again, Mr. Speaker, we have only that the administration monitored bureaucratic agencies make up the one reasonable option before us, and hundreds of private phone calls be- rules. This represents a fundamental that is to work together, to set our dif- tween reporters. Is this really freedom break from our history and traditions ferences aside for the good of our coun- of the press? Then we find that talking dating back to our Founding Fathers. try, and to achieve real compromise. points given to the administration to Our Founders placed their trust in the A big, balanced, bipartisan approach tell the American people what hap- American people to elect their rep- that replaces the entire sequester is pened on that fateful night in Benghazi resentatives to make the laws nec- the only way to protect our defense were twisted, cut, turned, and edited to essary to allow Americans to prosper. workers against these furloughs and the point that the truth wound up on Mr. Speaker, I ask the American peo- end the uncertainty that they and the cutting room floor in the White ple to consider America’s government their families are facing. House, or at the State Department, or is getting too big and too out of con- Let’s have a vote, Mr. Speaker, on a at the CIA, or at the Department of De- trol. balanced alternative, not another vote fense. Actually, we don’t even really As members of the House, we serve at the to repeal health care reform that’s not know. But we’re going to find out. pleasure of those we represent. The tens of going anyplace, not another vote to But we do know one very troubling thousands of bureaucrats implementing the roll back the rights of workers, not an- thing: the Federal Government, with more than 10,000 new regulations are ac- other vote to strip away safety stand- the IRS leading the way, is about to countable to no one, let alone the American ards or environmental protections. become exponentially larger and more people.

VerDate Mar 15 2010 00:49 May 23, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 9920 E:\CR\FM\K22MY7.003 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2843 Those that will be making health care deci- seclusion. My bill also would stop these have the necessary support to provide sions for the American people on the Inde- abusive practices, but safety shouldn’t key nonacademic services essential for pendent Payment Advisory Board, IPAB, will stop at the schoolhouse door. students to succeed in a safe and never appear on a ballot. The American peo- Investigations conducted by the Gov- healthy learning environment. ple will never be able to hire or fire those mak- ernment Accountability Office, at my In the Elementary and Secondary ing medical decisions on their behalf. Is that request, in 2007 and 2008 found that pri- Education Act, Democrats will be fair? Is that democratic? Is that what America vate and public residential programs, fighting for these critical services, in- is all about? including therapeutic boarding schools, cluding other measures to promote Mr. Speaker, this need not be a partisan wilderness camps, boot camps, and be- safety, such as school services for vio- issue. The American people deserve an effec- havior modification facilities are not lence prevention activities, bullying tive, efficient Federal Government—a govern- always run in a safe manner. Recently, and harassment prevention, drug and ment that works for them and not the other the Tampa Bay Times confirmed that alcohol abuse prevention, and pro- way around. problems of abuse and neglect con- grams to prepare for and respond to I fear that as the government continues to tinue, with stories of children being natural disasters and emergencies in grow and Obamacare is fully implemented, the bruised, bloodied, and choked into un- our schools. consequences of transferring so much power, consciousness at these programs, all in Mr. Speaker, on my last point, my national treasure, and control to the Federal the name of discipline. More horrific thoughts continue to be with the vic- Government will be felt widely, personally, and stories of child abuse, including deaths tims and families of all those who have painfully. in some cases, have been documented suffered and continue to suffer from In the meantime, it is the duty of this Con- in seven States’ residential programs the terrible tragedy that took place in gress to vigorously oversee the Federal agen- in just the past 2 years. Oklahoma earlier this week. We are cies, and root out those political appointees Last week, I introduced the Stop just amazed and honor all of the efforts and bureaucrats who’ve abused their positions Child Abuse in Residential Programs of school staff, teachers, and parents and violated the trust of the American people. for Teens Act, a bill that would set trying to get children out of harm’s way, and our heart goes out to those f basic health and safety standards the State would need to adopt to enforce who were unsuccessful. I hope that SAFETY NEEDS OF CHILDREN AS and protect teens from physical, men- Congress can support these commu- A NATIONAL PRIORITY tal, and sexual abuse in these pro- nities in healing in every possible way. The SPEAKER pro tempore. The grams. It would also create easily ac- As always, keeping kids safe requires Chair recognizes the gentleman from cessible information for parents about the coordinated efforts of children, California (Mr. GEORGE MILLER) for 5 the safety records of the programs so principals, superintendents, commu- minutes. that parents can make sound decisions nity partners, and parents. And protecting children from violence and Mr. GEORGE MILLER of California. about if they want to send their child freeing students to learn and better their lives Mr. Speaker, in the wake of the hor- there or not. means ensuring that states, districts, schools rific tragedy in Newtown, Connecticut, No one disputes that our schools and and communities have the resources and sup- where 20 children were murdered, the residential programs must be a safe ports needed to implement evidence-based issue of keeping children safe has been place for children where they can focus approaches that are tailored to the unique on the minds of all Americans. Since on learning and improving their lives, needs of children in that area. this tragedy occurred in a school, dis- not fearing for their lives. Though tricts and States have, understandably, My bills are only part of the solution, but an some States have made progress devel- important step forward. focused conversations on preventing oping policies to protect children from and responding to violent crime that We owe it to parents and to the children acts of violence, abuse, and neglect, a and to the school officials who follow the rules occurs in the school building itself. patchwork of protections, riddled with to consider these bills. However, protecting children will re- holes, is not acceptable when it comes We also owe it to them to send a strong quire much more than preventing an to our Nation’s children. We cannot sit message that people who abuse children or outside intruder from committing acts idly by as incidents of children being do not do their jobs to keep children safe will of violence against students or a good abused or killed continues to occur. face serious consequences. emergency response plan to deal with Today, I’m introducing legislation I hope that this Congress will be able to an event. We need to recognize that vi- that will prevent registered sex offend- take an even more comprehensive approach olence—or the fear of violence—against ers and criminals convicted of crimes to protect children in our schools and residen- children does not begin or end at the against children from working at tial programs, and I urge all of my colleagues schoolhouse door. That’s why I’ve de- schools. The Protecting Students from to support these bills. voted this month to introduce legisla- Sexual and Violent Predators Act f tion that focuses on the safety needs of would require public schools to conduct children as a national priority. comprehensive background checks on NORTHERN ROUTE APPROVAL ACT First, I introduced legislation to es- any employee, using State criminal The SPEAKER pro tempore. The tablish the minimum safety standards and child abuse registries and the FBI’s Chair recognizes the gentleman from to prevent abusive seclusion and re- fingerprint database. It would also pro- North Dakota (Mr. CRAMER) for 5 min- straint practices in schools across the hibit school districts from hiring or re- utes. country. The Keeping All Students taining anyone who has been convicted Mr. CRAMER. Mr. Speaker, this Safe Act would protect schoolchildren of certain violent crimes, including week, the House of Representatives is from inappropriate uses of seclusion crimes against children, crimes involv- going to vote on a very important piece and restraints and provide school per- ing rape or sexual assault, and child of legislation that should be unneces- sonnel with the necessary tools, train- pornography. sary. ing, and support to ensure the safety of Due to the President’s objection—at all students and school personnel. b 1020 the insistence of Hollywood and the These practices are, at best, cruel and, Mr. Speaker, keeping our children EPA—a critical piece of North Amer- at worst, deadly. They continue to be safe isn’t a partisan issue; it’s a moral ica’s energy security puzzle languishes used on children across the country. obligation. This Congress must do on a desk in the Oval Office while thou- In Indiana, an 8-year-old girl with more to protect our children. One way sands of unemployed workers collect Down syndrome had her shoes duct- Congress can immediately help to en- government benefits instead of a pay- taped painfully to her ankles because sure that students and schools have the check. That is why I cosponsored and she refused to put her shoes on. In support needed to address all aspects of am doing all I can to pass H.R. 3, the North Carolina, a 14-year-old boy with violence is through the reauthorization Keystone pipeline Northern Route Ap- a traumatic brain injury was confined of the Elementary and Secondary Edu- proval Act, a bill that renders the inside a cardboard box as a form of cation Act. Through a bipartisan re- northern route of the pipeline approved timeout. In some cases, children have write of the Nation’s education law, we for construction, eliminating the need even died from improper restraints and can ensure that schools and students for a Presidential permit.

VerDate Mar 15 2010 00:49 May 23, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.002 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2844 CONGRESSIONAL RECORD — HOUSE May 22, 2013 As vast reserves of oil are discovered bon footprint is too great. The fact of SNAP provides an economic catalyst and new technologies unlocked, energy the matter is the Keystone has already because the SNAP benefit is spent in security in this decade is well within signed up over 60,000 barrels of North our local grocery stores and farmers’ our reach. The amount of oil that could Dakota crude and has the capacity for markets, generating jobs and revenue. be flowing to U.S. refineries in the at least 100,000 barrels. Indeed, every SNAP dollar results in Keystone XL represents nearly 50 per- Today, 71 percent of North Dakota $1.72 in economic activity—an amazing cent of the oil that we currently im- crude is shipped by rail. Now, I have return on our investment. And SNAP port from the Middle East. nothing against trains, but railing oil has one of the lowest error rates of any Mr. Speaker, in addition to sitting on costs more and is not as safe as pipe- Federal program. two of the subcommittees that held lines. It also requires trucks to get the But H.R. 1947 would undermine all of hearings on this legislation, I have a oil to the train. this. It cuts $20.5 billion from the pro- long history of involvement with According to the director of the gram. That cut means that 2 million TransCanada and the Keystone pipeline North Dakota Department of Mineral people would be kicked off of SNAP en- as a former environmental regulator in Resources, Lynn Helms, approval of tirely. It means that 210,000 kids would North Dakota. From 2003 until my the Keystone XL will cause two things be kicked off the free school meal pro- election to Congress last year, I carried to happen: 300 to 500 truckloads per day gram. It means that 850,000 people will the pipeline portfolio as one of three will be taken off North Dakota high- see their SNAP benefits cut by $90 a members of the North Dakota Public ways, and there will be one to two month, and this is on top of a $25 a Service Commission. fewer trains leaving the State. He cal- month cut for a family of four that will As you might imagine, the oil and culates that greenhouse gas emissions already take effect in November no gas pipeline construction business is from rail are 1.8 times and trucks 2.9 matter what happens to the farm bill. robust in my State, as the Bakken times greater than the emissions from You know, there was a time not so shale development has elevated North pipeline transportation, and spills from long ago when solving the problem of Dakota to the position of the number truck transportation occur at three to hunger in America was a bipartisan two producing State in the country. four times the rate of spills from pipe- priority. Former Senators George One of the pipelines we sited while I lines. McGovern and Bob Dole worked tire- was on the PSC was the original Trans- Approval of the Keystone will result lessly in the 1970s to make America Canada Keystone pipeline. It carries in 450,000 to 950,000 kilograms per day hunger-free. Their partnership brought over 500,000 barrels of crude from the less in greenhouse gas emissions in us to the point where we nearly eradi- Western Canadian Sedimentary Basin North Dakota alone, as well as signifi- cated hunger altogether. And I will in- in Alberta to U.S. refineries in Illinois cant decreases in dust, and 60 to 80 sert at the end of my remarks an op-ed and Oklahoma. fewer spills per year. from yesterday’s New York Times The first 217 miles of this pipeline ac- North Dakota officials also expect highlighting this bipartisan work. tually run through our State. It crosses highway fatalities will be reduced by Mr. Speaker, the problem today is the border in Cavalier County, North three to six per year, and injury crash- that it has become far too fashionable Dakota, and runs through seven more es by 85 to 150 annually if the Keystone in this House of Representatives to counties, crossing 600 landowners’ land, XL is built. beat up on the poor. In fact, there is two scenic rivers, and includes five Mr. Speaker, America’s national se- now a bipartisan effort to cut hunger pumping stations. curity and America’s economic secu- programs. I’m sad to say that even While not universally loved, I can rity are tied directly to America’s en- some Democrats are willing to support tell you that not a single inch of this ergy security, and the Keystone XL this farm bill, even with these terrible line in North Dakota required con- pipeline is a critical weapon in that se- SNAP cuts. Instead of moving forward demnation proceedings—not because I curity. together, we are moving backward. was such a great regulator, but because f Mr. Speaker, the farm bill, with I represent such great citizens. Our END HUNGER NOW these SNAP cuts, is a bad piece of leg- citizens understand the value of energy islation. It’s bad policy. It deserves to security and the jobs that energy de- The SPEAKER pro tempore. The be defeated. Whatever good may be in velopment creates, and that same sen- Chair recognizes the gentleman from this bill—from increased access to or- timent exists in our Nation today. Massachusetts (Mr. MCGOVERN) for 5 ganic foods, to more humane treatment The environmental safeguards we de- minutes. for animals, to increased job creation manded on the Keystone are rigorous Mr. MCGOVERN. Mr. Speaker, I rise in agriculture—it is not an understate- and appropriate. They’ve been tested today for the 12th time this year to ment to say that this bill will make and they work. talk about the need to end hunger now. hunger worse in America. I toured the Keystone during con- I am honored to serve on the House For the life of me, I do not under- struction and met many of the men Agriculture Committee, and last week stand why we should be forced to and women, who were grateful for the the committee held a markup on H.R. choose between cutting access to food good-paying jobs that built the line, 1947, the farm bill. I believe we need a and providing jobs for our ailing econ- and many other local restaurant and farm bill that contains a smart, for- omy. We can and we should achieve the hotel proprietors, retailers, sub- ward-thinking policy, a farm bill that joint mission of ending hunger now and contractors who were happy to have ensures that farmers are able to make creating jobs together. They are very the work and the business. The local a living, a farm bill that benefits the much connected and should not be pit- officials and school administrators are American economy, a farm bill that en- ted against each other. But that’s ex- grateful for the tax revenue that would sures that the food grown in America actly what the farm bill would do—to not be there but for the Keystone pipe- makes it to the plates of every Amer- the tune of $20.5 billion. line, and, of course, the tax relief it ican, and a farm bill that isn’t rife with provides local farmers, in addition to fraud, waste, and abuse. b 1030 the easement payments, are a blessing. The good news, Mr. Speaker, is that a We should end hunger now, not make Mr. Speaker, I’ve sited hundreds, component of that smart, forward- hunger worse. We need a comprehen- maybe thousands of miles of oil pipe- thinking policy already exists. It’s sive effort to end hunger now. We need lines that operate safely and efficiently called SNAP. This program ensures Presidential leadership. We need a throughout North Dakota, but none as that 47 million people out of the 50 mil- White House Conference on Food and thoroughly vetted and safe as the Key- lion hungry in this country are able to Nutrition. And we need a Congress de- stone XL. put at least some food on their tables termined to address hunger in America I’ve heard the arguments from my when they otherwise couldn’t do so. and bring it to an end, not make it friends across the aisle who claim the This program ensures that the food worse. Keystone only helps Canada and does grown on our farms makes it to every Hunger in America is a political con- nothing to the benefit of the United American’s table, not just the wealthy dition. Nothing demonstrates that States. They also claim that the car- few. more than this farm bill. We have

VerDate Mar 15 2010 00:49 May 23, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.007 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2845 enough food to end hunger now; we just which the House Republicans have pre- infrastructure project that costs the don’t have the political will to do so. viously endorsed, the cut is nearly five times American taxpayers no money is defi- This effort to cut SNAP—to make hun- the reduction approved by the Democratic- nitely in the national interest. So what ger worse—must not stand. controlled Senate Agriculture Committee, are we waiting for? which already is too much. Today, the House of Representatives I hope my colleagues will join me in The House bill’s cuts would end food-stamp restoring these senseless cuts. Should assistance for nearly two million people, will take up H.R. 3, the Northern Route that effort fail, I hope my colleagues with the pain falling mainly on low-income Approval Act, which will approve the will join me in defeating the farm bill working families with kids and older Ameri- Keystone XL construction application when it is considered on the House cans, according to the Center on Budget and without a Presidential permit and let floor. We can and we must do better. Policy Priorities. And as many as 210,000 the American people know that we will children would lose access to free school [From The New York Times, May 20, 2013] not wait around any longer. At the end lunches and breakfasts because eligibility of the day, this crude will find its way THERE WAS A TIME WHEN ENDING HUNGER for those meals is tied to their family’s re- WAS A NATIONAL GOAL FOR REPUBLICANS to foreign markets one way or another, ceipt of food-stamp benefits. and construction of this pipeline will AND DEMOCRATS ‘‘It is just not right,’’ said Representative (By Dorothy Samuels) Jim McGovern, a Massachusetts Democrat guarantee our access to it and help se- cure energy independence in North ‘‘That hunger and malnutrition should per- (no relation to George McGovern) before his sist in a land such as ours is embarrassing amendment to strike the cut was defeated. America. and intolerable.’’ So declared Richard Nixon Not a single Republican voted to approve it. Today, the average price for a gallon in May 1969 in his now widely forgotten f of gas in America is around $3.60, which ‘‘Special Message to the Congress Recom- is nearly $2 more than when President mending a Program to End Hunger in Amer- A MORE SECURE ENERGY FUTURE Obama first took office. As the summer ica.’’ In that document, he summoned the IN AMERICA driving season approaches, that his- country to a new level of generosity and con- The SPEAKER pro tempore. The torically threatens to bring even high- cern and laid out a series of strong legisla- Chair recognizes the gentlewoman from er gas prices for American families and tive steps and executive actions, including a Missouri (Mrs. WAGNER) for 5 minutes. businesses. Ensuring that every envi- significant expansion of the food-stamps pro- ronmentally safe source of oil is avail- gram. Mrs. WAGNER. Mr. Speaker, again While campaigning for the White House in and again we have heard from this able in order to maintain an adequate 1968, Mr. Nixon did not focus on the exist- President and this administration that domestic supply is absolutely vital. ence of a serious hunger problem. His conver- we need to embrace an ‘‘all-of-the- Because the President, yet again, re- sion came as public calls to do something above’’ approach when it comes to fuses to act on an issue of such great about hunger rose—driven, in part, by Sen- meeting and supplying our country’s importance for the Nation, this Con- ator Robert Kennedy’s highly publicized trip energy needs. At the end of the day, gress will lead by sending a clear mes- to Mississippi in 1967 where he encountered this has simply turned into a ‘‘none-of- sage to the families of this great Na- nearly starving children and the Rev. Dr. the-above’’ strategy of failure by this tion that we stand with you, we stand Martin Luther King Jr.’s focus on hunger as with jobs, and we stand for a more se- part of the Poor People’s Campaign. administration. During the ’70s, another Republican leader, Mr. Speaker, this is not complicated. cure energy future here in America. Senator Bob Dole of Kansas, forged a part- Approving construction of the Key- f nership with George McGovern, the South stone XL pipeline is the first and easi- MEMORIAL DAY Dakota Democrat defeated by Mr. Nixon in est step that we can take in order to 1972. They helped pass legislation to improve embrace our energy future imme- The SPEAKER pro tempore. The Chair recognizes the gentleman from the accessibility and antifraud provisions of diately, build jobs, and gain economic the food-stamps program. For example, it California (Mr. COSTA) for 5 minutes. security. eliminated a requirement that recipients Mr. COSTA. Mr. Speaker, this week- The application to build the Key- buy food-stamp coupons, a prohibitive bur- end throughout America, in cemeteries den for the lowest-income Americans. stone XL pipeline has been gaining across the land, we will celebrate and That kind of dedicated bipartisan commit- dust at the U.S. State Department for memorialize those men and women who ment to ending hunger was light-years ago more than 4 years awaiting approval. have served, who are serving, and those in American politics—before President Ron- Each subsequent day that decision who have made the ultimate sacrifice ald Reagan and, later, Speaker Newt Ging- isn’t made further denies this country rich made attacking food stamps a prime Re- in giving their lives to protect our Na- greater energy security and the cre- tion’s freedoms embodied in our Con- publican obsession, and certainly before ation of over half a million jobs by moderate Republicans, a disappearing breed, stitution and our Bill of Rights that we lived in fear of making any move that might 2035. hold most dear. While Memorial Day is provoke a primary challenge from a Tea By the State Department’s own cal- a time when family and friends gather Party-supported candidate. The modern culations, the number of potential jobs to be together, we know it is much food-stamps program, built with Republican through construction alone stands at more than that. and Democratic support, succeeded in elimi- over 42,000. With the unemployment This Memorial Day, we should all nating the most extreme pockets of hunger rate being above 7.5 percent for 4 of the give thanks to the sacrifices that our in parts of the country. years that the Presidential permit has men and women have made who have Today, the program remains an immensely been pending, this just economically is important source of support for low-income served in our Nation’s military. We families and children living below or near irresponsible. should say thanks to our family mem- the poverty line. Still, some 50 million With over 15,500 pages already pro- bers, to our neighbors, to all those who Americans live in households that cannot duced in its National Environmental have served, and we must always, al- consistently afford enough food, even with Policy Act review over the past 41⁄2 ways remember those who are no the food-stamps program, now formally years, under the President’s schedule, longer with us. We in our country, I be- called the Supplemental Nutrition Assist- we must still wait for yet another re- lieve, can never say thank you enough, ance Program, or SNAP. port and even more pages to determine for this great country we live in is Come November, temporary increases for whether construction of the pipeline food-stamp aid approved in the 2009 eco- made dear for all of those who have nomic recovery act are scheduled to expire, would be in the ‘‘national interest.’’ made those sacrifices over 238 years. which would result in a loss of about $25 in At any moment, the President could So this weekend, as we gather across monthly food stamps for a family of four. If step in and immediately order approval the land to be with our families and anything, Washington should be allocating of the pipeline, yet he continues to sit friends, let us pay thanks, let us take more money to address tremendous unmet idly by while more and more people, in- evidence of what it means to be an needs. cluding a majority of the general pub- American, knowing that at the end of Yet, every Republican on the House Agri- lic and even members of his own party, the day the bonds that we share in culture Committee voted to approve an om- come out in support of the XL pipeline. nibus farm bill containing a $20 billion cut in common as American citizens are food stamps over the next decade in the pro- Mr. Speaker, it is beyond a reason- much stronger than whatever dif- gram’s $800 billion or so 10-year budget. able doubt that creating thousands of ferences we may have. While less devastating than turning the pro- jobs and providing the American people God bless those who are serving and gram into a capped block grant to the states, more sources of oil by approving this those that have served and those who

VerDate Mar 15 2010 00:49 May 23, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.009 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2846 CONGRESSIONAL RECORD — HOUSE May 22, 2013 are no longer with us. God bless our world, and the final devastating blow Mexico may be gathering momentum country. was that the oceans were dying. Now as we start a sustained recovery.’’ f we have evidence that our oceans are Now, just as New Mexico finally ap- very, very much at risk from CO and pears to be on the way to the economic CLIMATE CHANGE 2 climate change. recovery our families and businesses so The SPEAKER pro tempore. The The House Republicans are using desperately need, the sequester threat- Chair recognizes the gentleman from their leadership here to stymie efforts ens all of this progress; and this week, Oregon (Mr. DEFAZIO) for 5 minutes. to even research and document climate New Mexico got some really bad news. Mr. DEFAZIO. Mr. Speaker, last change, let alone just totally denying The Department of Defense announced month, two scientists from Oregon that it’s a problem. Time and time plans Tuesday to furlough about 680,000 State University, Shawn Marcott and again, they voted to know nothing and of its civilian employees, including Alan Mix, published a peer-reviewed do nothing about climate change. They 7,000 New Mexicans, for 11 days through study in collaboration with scientists voted to block action on climate the end of this fiscal year. Some might at Harvard reviewing 11,300 years of change no fewer than 50 times in the think that 11 days doesn’t sound like global temperatures. They found that last Congress. much, but let’s take a closer look at the range of temperature change in the Mr. Speaker, it’s time to listen to the what 11 days without pay means to in- last 100 years is equivalent to the tem- scientists and get serious about cli- dividual families. perature change over the previous 100 mate change. The evidence is in. The When furlough notices begin going out at the end of this month, 7,000 centuries. only question now is whether Congress hardworking New Mexicans will find Climate change is real, it is dev- will listen and act. out that they will be losing about 20 astating, and it is accelerating. Most f focus is on the terrestrial effects. Other percent of their salaries for the rest of research points to rapid and dev- JOBS AND SEQUESTRATION the fiscal year. Now, these families are astating changes in our oceans—again, The SPEAKER pro tempore. The trying to pay their mortgages, make their car payments, and put their kids a study done by Oregon State Univer- Chair recognizes the gentlewoman from through college. Families are already sity. New Mexico (Ms. MICHELLE LUJAN living paycheck to paycheck and are Burke Hales, an OSU chemical ocean- GRISHAM) for 5 minutes. struggling just to get by. Can you ographer, coauthor with Alan Barton, Ms. MICHELLE LUJAN GRISHAM of imagine what losing 20 percent of a who works at the Whiskey Creek Shell- New Mexico. Mr. Speaker, I rise today paycheck means to them? It’s dev- fish Hatchery, looked into the fact that to talk about jobs. astating. Although New Mexicans may oysters were failing at an incredible I’ve served almost 5 months in the feel the worst of the consequences of rate to spawn and reproduce. Their Republican-controlled House of Rep- the sequester this year, sequester is study linked the production failures to resentatives, and I’ve heard a lot of my colleagues talk about jobs, but we’ve not just a 1-year problem. It will nega- the CO2 levels in the water. That has tively impact our Nation’s economy for incredible implications for the future had little opportunity to actually vote on legislation that would create Amer- the next 9 fiscal years. of not only the shellfish industry, an We all agree we need to reduce our ican jobs. important industry in the Northwest long-term deficit, but we need a bal- Just this week, the Albuquerque and other parts of the country, but also anced approach that will create jobs. Journal reported on the unbelievable for the whole ocean food chain. On May 14, the CBO released new pro- difficulty that many New Mexicans are The ocean chemistry is also threat- jections that the deficit will fall by an having in finding a job. The headline ening something called pteropods, who extra $200 billion this year than pre- are tiny sea snails, and they’re very says it all. According to the article, viously expected. The CBO now fore- much at risk. They happen to be a food when the Downs Racetrack and Casino casts that the deficit will shrink to 2.1 source for zooplankton, whales, and of in Albuquerque held a job fair last percent of the GDP by 2015 from a high course our salmon, who already have a week to fill 400 openings, 6,400 job seek- of 10 percent of GDP in 2009. The Inter- host of problems in terms of their fu- ers showed up. national Monetary Fund has called the ture. One young man interviewed said, pace of deficit reduction ‘‘overly Then from the Arctic Monitoring and ‘‘I’ve put in 60 applications in the year strong,’’ arguing that Washington Assessment Programme, the Arctic I’ve been unemployed and haven’t had should focus on job creation in the seas are becoming rapidly more acidi- a single callback.’’ short term and develop a long-term fied. It turns out that cold water is es- Another job seeker noted, ‘‘This is strategy for future deficit reduction. pecially susceptible, and as the sea ice the first time in my life, in 49 years, The IMF added that this year’s $85 bil- in the summer recedes, more and more I’ve been without a job. You read about lion in sequester-mandated cuts will of the Arctic Ocean is exposed to the it, you think about it, and then when it negatively impact growth this year and increased levels of carbon dioxide, and happens it’s a real awakening.’’ beyond. it is rapidly acidifying, in addition to But instead of creating an environ- It’s true that you can’t tax your way which the melting of the ice in Green- ment that would foster economic to prosperity, but you can’t cut your land and elsewhere is adding fresh growth, Congress has done the exact way to prosperity either, and draco- water, which further degrades the ca- opposite by allowing the indiscrimi- nian, across-the-board budget cuts pabilities of the oceans to deal with the nate, across-the-board budget cuts, aren’t going to create jobs. I agree with carbon dioxide. known as ‘‘sequestration,’’ to take ef- those who say we need to get our fiscal Finally, research in the Northeast fect. According to the Director of the house in order, but to do that we first shows that the surface temperatures in nonpartisan Congressional Budget Of- need to solve the unemployment prob- the northeast Continental Shelf in 2012 fice, sequestration could result in a lem that is plaguing small towns and were the highest recorded in 150 years loss of 750,000 American jobs this year big cities throughout the Nation. More of record-keeping. They found that alone. than half of the deficit stems from a over the last four decades many species If there is one State that cannot af- sluggish economy and an unemploy- of fish stocks have been moving north ford to lose any more jobs, it’s New ment rate that is above 7 percent. to escape the warming waters, but Mexico. Our State’s economy has been Mr. Speaker, we need more Ameri- there are many species that cannot barely crawling along since the Great cans to get back to work. We need move or evolve that rapidly, which por- Recession of 2008. Last week, however, more Americans to get back to work so tends for more disasters. we finally got some good news. New that fewer Americans will need to rely Mexico’s Department of Workforce So- on social safety net programs in order b 1040 lutions reported that our State’s em- to survive. We need more Americans to Back in 1973, there was a science fic- ployment growth in April was the best get back to work so that they will have tion movie called ‘‘Soylent Green,’’ it has been in 5 years. A Department of more money to spend on goods and sort of a mystery movie, but it was Workforce Solutions official said, in services, which will create even more about an overpopulated and polluted fact, ‘‘The economic recovery in New jobs.

VerDate Mar 15 2010 00:53 May 23, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.010 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2847 It has become clear that the House veterans and raising awareness of the their ability to reproduce and to Republicans’ so-called ‘‘plan’’ to create contributions and sacrifices made by thrive. They’ve steadily been moving jobs was just empty rhetoric, a hollow our Nation’s veterans and their fami- to areas where the effects of climate promise to the American people. If lies. change are not so pronounced. House Republicans were serious about In May of 2009, I had the great pleas- Isn’t it interesting that fish, without creating jobs, they would vote on the ure of working with Al and his friends fancy scientific instrumentation or updated Van Hollen substitute—a real and fellow Vietnam veterans Richie computer analysis, have reacted to the plan to replace the sequester with a Kitson and Clarence Simpson to re- facts in the sea and moved where they sensible, balanced approach to deficit name the Riverhead, New York, Post can function, where they can live and reduction that puts job creation first. Office in honor of Suffolk County’s where they can, at least for the time f only Vietnam War Congressional Medal being, escape the impacts of climate of Honor recipient, PFC Garfield M. change? IN MEMORY OF ALMERINDO ‘‘AL’’ Langhorn. They’re also escaping from people CARVALHEIRA That same year, Al took the lead in who depend on them in their previous The SPEAKER pro tempore. The the construction and dedication of the habitat to fish, but that’s another Chair recognizes the gentleman from Vietnam Veterans Memorial Garden on story on the consequences of climate New York (Mr. BISHOP) for 5 minutes. the grounds of the Northport VA Med- change and global warming. Mr. BISHOP of New York. Mr. Speak- ical Center, which recognizes and hon- Isn’t it time that the political proc- er, I rise to recognize the passing of ors the sacrifices of our Nation’s serv- ess starts responding in ways that even Almerindo ‘‘Al’’ Carvalheira, a Viet- icemen and -women. The memorial gar- fish can? One would hope. But, instead, nam veteran who lived an extraor- den’s dedication ceremony was held in today on the floor of the House, we’re going to return to debate the Keystone dinary life of service to his country and October 2010 and was attended by more pipeline that would carry oil extracted to his fellow veterans. Al succumbed to than 300 people. from Canada’s tar sands to the U.S. cancer on January 21, 2013, at the Vet- In 2011, Al and members of the VVA gulf and short circuit Presidential re- erans Affairs Medical Center in were inspired by Dignity Memorial’s Northport, New York. view. replica of the Vietnam Veterans Memo- Given the potential negative environ- Al was born on October 21, 1947, in rial Wall to expand the Northport VA Portugal. His family immigrated to the mental impacts, the repeated efforts by Medical Center’s Vietnam Veterans some to rush the environmental and United States when he was 10 years old Memorial Garden for the inclusion of a and settled in Nesconset, New York. Al public safety review process, the over- permanent war memorial known as whelming number of comments and proudly served his country in the The Wall of Wars. United States Army during the Viet- concerns received from the public and nam War and received numerous b 1050 the recent news about the atmospheric awards and decorations, including two It was during this time that Al was levels of carbon dioxide that have Purple Hearts, the Bronze Star Medal, diagnosed with cancer. Although Al reached 400 parts per million, an and the Air Medal. will not be present at the VA’s Vet- amount not seen in at least 3 million Honorably discharged with the rank erans Day dedication of the The Wall of years, I’m concerned that this sideshow of sergeant in December of 1969, Al re- Wars, his legacy as a war hero, a VA over the Keystone pipeline will make turned to his home on Long Island nurse, and a veterans advocate is and our climate problem worse, rather than where he pursued a career in nursing will be forever present on the grounds better, and poison the ability to make progress in the future. and was hired by the Northport VA of the Northport VA Medical Center The simple fact is that this pipeline Medical Center in 1977. There he dedi- and throughout Suffolk County’s vet- would facilitate the exploitation of one cated himself to the care and treat- eran community. of the dirtiest sources of energy—tar ment of his fellow veterans as a VA On January 25, 2013, Vietnam veteran sands oil—that poses public, safety, registered nurse and nurse leader for and U.S. Army Sergeant Al Carvalheira and health risks. nearly four decades. was laid to rest with military honors In addition to possible worsening of Al was known as a highly effective at Long Island’s Calverton National the effects of global climate change, and empathetic caregiver who was Cemetery. Al is survived by his beloved there are serious questions that remain never too busy to spend time with his wife of 40 years, Geraldine, and their about pipeline safety, spill prevention, patients, especially the most chal- two sons, Almerindo and John, as well and protecting the public from poten- lenging among them. His own experi- as six grandchildren. tial health impacts in the wake of the ence gave him a unique understanding Mr. Speaker, on behalf of New York’s spills that are inevitable. of what his patients had endured in First Congressional District and a Tar sand developers are amazingly combat. In discussions with them, he grateful Nation, it is my honor and exempt from paying into the oil spill often cited his favorite book, ‘‘The privilege to recognize Almerindo ‘‘Al’’ liability trust fund, making American Things They Carried,’’ written by fel- Carvalheira for his distinguished serv- taxpayers liable for the cost of any low Vietnam veteran Tim O’Brien. ice and many contributions to our Na- spills from the Canadian tar sands oil. Soon after the start of his career at tion and his fellow veterans. He will al- This places, I think, an unacceptable the VA medical center, Al was pro- ways be remembered with our love and and unnecessary risk on American tax- moted to nurse manager, which gave appreciation. payers, one that we can ill afford to as- him the supervision of all inpatient f sume today. psychiatric units and the outpatient This will be the seventh time that we CLIMATE CHANGE treatment program. In addition to voted and that I will vote against pro- these significant responsibilities, Al The SPEAKER pro tempore. The posals to streamline the building of the trained and developed staff in crisis Chair recognizes the gentleman from Keystone pipeline as some Members of intervention and implemented a crisis Oregon (Mr. BLUMENAUER) for 5 min- the House continually and repeatedly response team for the safety of VA pa- utes. attempt to circumvent the legislative tients and staff. In order to provide Mr. BLUMENAUER. Mr. Speaker, re- process and rush its proposal. veterans the best care possible, Al cently research has shown that fish The only positive of this project is found the time to earn a master’s de- populations are not waiting for climate creating several thousand temporary gree in nursing from Stony Brook Uni- change to make their habitat impos- construction jobs and a few dozen per- versity. sible for them to live. They’re moving. manent jobs. That’s no reason to short Dear to Al’s heart was the Suffolk That’s right: fish all over the globe are circuit the review required by law. County, New York, chapter of the Viet- migrating to cooler climates. The potential environmental harm nam Veterans of America, to which he In a process that’s been taking place done by the pipeline—both from the devoted 38 years of service, working for decades now, fish are sorting them- threat of oil spills to the precious aqui- day in and day out taking care of ‘‘his selves out and leaving areas that no fer that it will be passing over and be- boys,’’ advocating for the needs of all longer sustain their quality of life, cause tar sands emit three times more

VerDate Mar 15 2010 00:53 May 23, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.012 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2848 CONGRESSIONAL RECORD — HOUSE May 22, 2013 global warming pollution than conven- What we are not, make us. Eglin Air Force Base in Florida. The tional oil—has led me to the conclusion In Jesus’ wonderful name we pray. memorial wall is located across from that I hope President Obama does not Amen. the EOD school where men and women approve the pipeline. from every branch are trained in the f There are many things we should be elite and specialized skills necessary to doing to rebuild and renew America THE JOURNAL locate, identify, render safe, recover, and create millions of jobs, not a few The SPEAKER. The Chair has exam- evaluate, and dispose of explosives. thousand temporary construction jobs. ined the Journal of the last day’s pro- As former Army EOD, I understand We ought to be looking at different ap- ceedings and announces to the House the critical role our EOD forces play as proaches to revenue and dealing with his approval thereof. the key enablers in the ongoing war on carbon pollution. For instance, we are Pursuant to clause 1, rule I, the Jour- IEDs both at home and abroad. I also discussing a draft that would poten- nal stands approved. understand the omnipresent danger tially tax carbon emissions dealing di- that our EOD warriors face in the bat- rectly with the problem, help provide f tlefield and on civil support missions revenues to lower taxes, pay for what PLEDGE OF ALLEGIANCE here in the United States. America needs and deal with emerging The SPEAKER. Will the gentleman The memorial wall contains the technologies and level the playing field names of the brave men and women of from Texas (Mr. OLSON) come forward for technologies of the future. and lead the House in the Pledge of Al- the EOD who have given their lives in Now, as we watch climate change legiance. defense of our freedom. The memorial begin to have serious impacts on our Mr. OLSON led the Pledge of Alle- wall does an excellent job of recog- environment, our fish, our wildlife pop- giance as follows: nizing the incredible sacrifice that our ulation, and our seasons and the weath- EOD forces and all of our men and I pledge allegiance to the Flag of the women in uniform make every day on er, the least we can do is stop actions United States of America, and to the Repub- that may well make climate change lic for which it stands, one nation under God, behalf of our freedom. worse. indivisible, with liberty and justice for all. I would like to take a moment to f honor the EOD warriors who lost their f lives in the line of duty between World RECESS WELCOMING DR. KEN WHITTEN War II and Vietnam but are not recog- The SPEAKER pro tempore. Pursu- The SPEAKER. Without objection, nized on the EOD memorial wall. These ant to clause 12(a) of rule I, the Chair the gentleman from Florida (Mr. BILI- men and women served valiantly and declares the House in recess until noon RAKIS) is recognized for 1 minute. lost their lives in the line of duty, but today. There was no objection. are not included on the memorial wall Accordingly (at 10 o’clock and 56 Mr. BILIRAKIS. Mr. Speaker, I rise because they were not physically as- minutes a.m.), the House stood in re- today to welcome Pastor Ken Whitten signed to an EOD unit at the time of cess. before the House of Representatives. their death. These brave warriors lost f Pastor Whitten serves as the senior their lives performing EOD duties in pastor at Lutz, Florida’s, Idlewild Bap- support of their fellow soldiers, sailors, b 1200 tist Church, which has served the airmen, and marines and deserve to be AFTER RECESS Tampa Bay community for almost 80 recognized for their service. With Memorial Day approaching, The recess having expired, the House years. While originally based out of an old now is an appropriate time to recognize was called to order by the Speaker at their sacrifice. I would like to submit noon. garage building, today it serves a con- gregation of more than 12,000 members their names for inclusion in the CON- f on a 143-acre campus. GRESSIONAL RECORD. PRAYER Under Pastor Whitten’s leadership, God bless our troops and God bless the United States of America. Dr. Ken Whitten, Idlewild Baptist the Idlewild family has placed a focus f Church, Lutz, Florida, offered the fol- on both local and global missions, a lowing prayer: biblical guidance ministry, instruc- ANNOUNCEMENT BY THE SPEAKER Dear Father in Heaven, tional classes for those who seek to PRO TEMPORE grow spiritually, and activities and Our heads are bowed because that is The SPEAKER pro tempore. The ministries for all ages. the position of humility, a spiritual Chair asks all Members to remove com- Pastor Whitten is a pillar of our com- characteristic that Your Word says municative badges prior to being rec- munity and has guided tens of thou- brings grace. We fold our hands to ex- ognized. sands of people as they develop and press godly fear because You said, ‘‘The f fear of the Lord is the beginning of wis- grow their personal relationship with dom.’’ And we all recognize that is the the Lord. THE HARMFUL EFFECTS OF need of this hour and this day. Mr. Speaker, I welcome Pastor Whit- SEQUESTRATION Our hearts, Lord, break with the ten to our Nation’s capital. (Ms. EDDIE BERNICE JOHNSON of families in Moore, Oklahoma. The loss f Texas asked and was given permission and devastation leave us speechless, to address the House for 1 minute.) ANNOUNCEMENT BY THE SPEAKER but it is in these heart-wrenching days Ms. EDDIE BERNICE JOHNSON of PRO TEMPORE we find ourselves saying that we are Texas. Madam Speaker, instead of not Republicans, Democrats, or Inde- The SPEAKER pro tempore (Ms. working together to find a compromise pendents; we are one Nation in need of FOXX). The Chair will entertain 15 fur- to fully reverse the sequester, House grace, healing, and salvation. ther requests for 1-minute speeches on Republicans have turned their backs on We pray that the decisions made in each side of the aisle. the American people and are jeopard- this Chamber today will reflect Your f izing our fragile economy. In fact, se- heart, a heart for the broken, the questration will cost 750,000 jobs this bruised, the abused, and the aban- EXPLOSIVE ORDNANCE DISPOSAL year alone, according to the Congres- doned. MEMORIAL sional Budget Office. May You help us today to think more (Mr. CRAWFORD asked and was We saw last month how quickly and about the spiritual than the economi- given permission to address the House easily these cuts can be addressed when cal, more about the eternal than the for 1 minute and to revise and extend the Congress passed legislation to ad- temporal; and Lord, may we echo that his remarks.) dress traffic controller furloughs. But Puritan prayer of old: Mr. CRAWFORD. Madam Speaker, we have not been given the opportunity What we know not, teach us. earlier this month, I visited the Explo- to address the 70,000 children who could What we have not, give us. sive Ordnance Disposal Memorial on lose access to Head Start or any of the

VerDate Mar 15 2010 00:53 May 23, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.016 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2849 other programs that have been crip- this year’s appropriations, and also to That’s why I have introduced the pled. be an active partner in protecting and Honoring Our World War II Merchant Funding for the National Institutes restoring our Great Lakes. Mariners Act of 2013. This bill would of Health has shrunk by $1.5 billion, f provide a $1,000 monthly benefit to the cutting into lifesaving medical re- nearly 10,000 surviving World War II 1210 search for areas that include breast b mariners. By providing this modest cancer, heart disease, and Alzheimer’s. KEYSTONE XL PIPELINE benefit, we will finally be giving our The cuts from NIH alone will result in (Mr. WILLIAMS asked and was given brave merchant mariners the recogni- a loss of more than 20,000 jobs and $3 permission to address the House for 1 tion and benefits they deserve. billion in economic activity. minute.) f We can address these cuts, but the GOP’s Mr. WILLIAMS. Madam Speaker, it’s MEMORIAL DAY obstructionism has stalled all reasonable ef- a rare occasion when Democrats, Re- (Mr. COLLINS of New York asked forts. publicans, the President, his sup- and was given permission to address We need to work on an approach that will porters, and the public all agree on fix sequestration while reducing our deficit the House for 1 minute.) something. What doesn’t make sense is Mr. COLLINS of New York. Madam sensibly. that, while we all agree it’s time to Speaker, I come to the House floor Mr. Speaker, I urge my Republican col- build the Keystone pipeline, President today to honor all of those who died in leagues to come to the table to compromise, Obama has blocked its construction for fighting for our country. This coming and help find a solution that will keep our over 4 years. Monday, this Nation will observe Me- economy on track and growing. The Keystone pipeline would create morial Day, a day set aside to pay trib- f over 42,000 jobs. It will invest $7 billion ute to the brave men and women who into the U.S. economy, and it will in- IS THIS AMERICA? made the ultimate sacrifice for their crease U.S. energy security and inde- country in defense of our freedom. (Mr. OLSON asked and was given per- pendence by safely transporting 830,000 As Members of Congress, so much of mission to address the House for 1 barrels of oil per day, which is nearly what we do on behalf of our constitu- minute and to revise and extend his re- half of what the U.S. currently imports ents touches the military in some way. marks.) from unstable, hostile nations. Recently, my office secured a new Sil- Mr. OLSON. Madam Speaker, under At a time when gas prices are on the ver Star Medal for the late John Chase, the threat of perjury, a Tea Party in rise and unemployment remains a World War II veteran from Batavia, Texas’ 22nd Congressional District was around 8 percent, we cannot afford to New York. asked these questions by the IRS: delay this project any longer. The Drafted into the Army, Mr. Chase Have you attempted or will you attempt to President’s own Web site says we need fought bravely in the Battle of the influence the outcome of specific legislation? an all-out, all-of-the-above energy Rhineland in 1945, a critical victory for That activity is protected by the strategy that develops every available the Allied Forces. Last month, as he Constitution. Is this America? source of American energy. grew increasingly ill, Mr. Chase’s fam- I would say, Mr. President, you have Do you directly or indirectly communicate ily reached out to my office for help in with members of legislative bodies? a lot to worry about currently, so for- securing a new medal. In the process, get about this one, and let the oil flow. we discovered Mr. Chase also qualified That activity is protected by the The Keystone project is ready. Con- Constitution. Is this America? for the Bronze Star, which he had gress is ready. The public is ready. never received. We were able to present This is not America. House Repub- Madam Speaker, is the President licans are going to restore America by the medals to Mr. Chase’s family on ready? the day he passed, allowing them to be giving the people the truth they de- The SPEAKER pro tempore. Mem- serve. properly displayed at his funeral. bers are advised to address their re- I want to thank Mr. Chase post- f marks to the Chair. humously for his distinguished service GREAT LAKES RESTORATION f and pay my respects to all Americans INITIATIVE HONORING OUR WORLD WAR II killed in wars both present and past. (Mr. HIGGINS asked and was given MERCHANT MARINERS ACT OF 2013 f permission to address the House for 1 (Ms. HAHN asked and was given per- SEQUESTRATION AND THE DE- minute.) mission to address the House for 1 PARTMENT OF HOUSING AND Mr. HIGGINS. Madam Speaker, the minute.) URBAN DEVELOPMENT Great Lakes Restoration Initiative rep- Ms. HAHN. Madam Speaker, for over (Ms. LORETTA SANCHEZ of Cali- resents our Nation’s commitment to 200 years, the U.S. Merchant Marine fornia asked and was given permission protecting the health of our Great has been a pillar in the foundation of to address the House for 1 minute and Lakes, the largest source of fresh water our country’s national security and to revise and extend her remarks.) in the world, representing $7 billion in economic growth, and so it is fitting Ms. LORETTA SANCHEZ of Cali- economic activity annually. that every year on May 22 we celebrate fornia. Madam Speaker, I rise today to In western New York, the revitaliza- National Maritime Day in recognition bring awareness to the devastating ef- tion of Buffalo’s Inner and Outer Har- of their service and sacrifice across the fects sequestration is having on HUD bor areas depends on efforts to restore centuries. and those who benefit from the agen- the health of Lake Erie and the Buffalo On this day, we reflect on the service cy’s work. River. of the men and women of the Merchant Because of Congress’ failure to pass The Environmental Protection Agen- Marine who served during World War legislation to reduce the deficit, the cy will soon host a series of public II, many thousands of whom died in de- Federal Government is making across- meetings to gain community input to livering the arsenal of democracy over the-board spending cuts to domestic guide the next phase of Great Lakes the seas to the battlefields of Europe and defense programs, including HUD restoration, and one of the meetings and the Pacific. Merchant mariners and all its related agencies. These cuts will be held in Buffalo. died at a higher rate in World War II are having a profound impact on peo- Madam Speaker, the Great Lakes are than any uniformed service. Unfortu- ple, especially in the rental and home- a unique natural treasure with global nately, the veterans of the Merchant less assistance programs, and families significance. The Brookings Institution Marine who risked their lives in the in my district are feeling this first- report shows that for every $1 invested service of this Nation and of all free- hand. The housing authorities in my in Great Lakes restoration, a $2 return dom-loving nations were never eligible district will soon be forced to consider in the form of increased fishing, tour- for the provisions of the GI Bill, which terminating approximately 1,800 fami- ism, and home values is achieved. It is helped millions of veterans go to col- lies from housing assistance. Cuts to our responsibility to ensure that the lege, secure a home, and transition housing authorities will affect their ca- restoration initiative is fully funded in seamlessly into civilian life. pacity and their efficiency to serve

VerDate Mar 15 2010 00:53 May 23, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.018 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2850 CONGRESSIONAL RECORD — HOUSE May 22, 2013 low-income individuals and families, for 1 minute and to revise and extend strategy. If there’s more American en- the elderly, the disabled—all of whom her remarks.) ergy, prices will be more affordable, need these programs to survive. Mrs. BLACKBURN. My constituents and there will be more American jobs. Our focus in our communities should are asking me this question: What does Period. be to do everything possible to prevent this administration have against ex- Who would stand in the way of that? homelessness. panding energy production? Apparently, President Obama. f More American energy means more The President continues to play fa- KEEP THE IRS OFF YOUR HEALTH American jobs. We all know that that vorites in the energy sector and block CARE ACT is true. It also would mean lower en- domestic energy with onerous regula- ergy costs, stronger national security, tions. Red tape only makes it harder to (Mr. DAINES asked and was given and a boost to our economy, a boost capitalize on economic-growth oppor- permission to address the House for 1 that we badly need with 12 million tunities and harder to achieve energy minute and to revise and extend his re- Americans out of work. Yet the Presi- independence. marks.) If the President were just to sign off Mr. DAINES. Madam Speaker, like dent has seemed to stymie the energy on the Keystone XL pipeline today, most Montanans, I was appalled to sector at every single turn. We’re going learn that the IRS had deliberately to give him the opportunity to change he’d open up thousands of American targeted groups for investigation based that record as we bring another bill jobs, but for 5 years he has refused. on their beliefs. Given these events, it forward that would approve moving House Republicans are serious about would be senseless to empower the IRS forward with the northern route of the expanding energy production. It’s time to oversee major aspects of the Amer- Keystone pipeline. the President got serious, too. ican health care system. Yet that’s Now, we all know that burdensome f overregulation by this administration what ObamaCare calls for. JOHN LAIRD, THE HARVEY MILK has caused energy output domestically That’s why I’ve signed on to the Keep CHAMPIONS OF CHANGE AWARD on our Federal lands to decrease sig- the IRS Off Your Health Care Act, RECIPIENT which states that the IRS may not be nificantly—about 30 percent. It ham- involved in any aspect of President pers our ability to be productive. (Mr. FARR asked and was given per- mission to address the House for 1 Obama’s health care law. In fact, just f last night, I held a tele-town hall meet- minute and to revise and extend his re- ing with thousands of my fellow Mon- b 1220 marks.) tanans, and more than 90 percent of DISASTER RELIEF Mr. FARR. Mr. Speaker, I rise today those who participated agreed that the to acknowledge and congratulate John (Ms. CHU asked and was given per- IRS should be stripped of its power to Laird, a constituent of mine in Santa implement ObamaCare. mission to address the House for 1 Cruz, California. The American people have every minute.) Today, John is being hosted at the right to demand that their government Ms. CHU. This week, we saw heart- White House as one of the 10 persons to be accountable and that their govern- breaking images of devastation fol- be presented the Harvey Milk Cham- ment’s actions be driven by a desire to lowing a tornado in Moore, Oklahoma, pions of Change award. serve the American people, not by po- that is estimated to have been more John Laird is a committed public litical motivation. With the IRS’ re- than a mile wide. servant, counting 23 years in elective cent abuse of power, it’s sadly clear The scope of the disaster reminds us office and 40 years in public life over- that stopping the IRS from using its that we’re all at the mercy of nature’s all. power to oversee Americans’ health whims, but it also reinforces a sense of He also happens to be gay. John’s care is a necessary step. community that we share as Ameri- years of leadership prove that people f cans. When the final cloud dissipated, are people and they have myriad skills Oklahomans were met by friends, to share. Sexual orientation doesn’t UNIVERSITY OF CALIFORNIA AT neighbors, and Red Cross aid workers IRVINE VOLLEYBALL somehow change that desire to serve ready to help, the same as the victims others. (Mr. BERA of California asked and of Sandy along the Jersey shore and Currently, John serves as the Cali- was given permission to address the the same as those who weathered the fornia Secretary of Natural Resources House for 1 minute.) waters of Katrina in the Ninth Ward. where he does an outstanding job of Mr. BERA of California. Madam One thing every American can rely overseeing the State’s vast outdoor re- Speaker, I’d like to congratulate the on in the face of disaster is that every sources. 2013 NCAA men’s volleyball champion- other American wants to help. Whether Again, I say congratulations to Sec- ship team from my alma mater, the we face tornadoes on the Great Plains retary John Laird for being true to University of California, Irvine. The or earthquakes in Los Angeles, we face himself and true to his public calling UC system is one of the best public col- them together. Let’s make sure these and all of us in the State of California lege systems in the world, and UC victims get the Federal disaster aid Irvine, through its academics, its re- being the ones who benefit from it. they need on a timely basis. Whether f search and athletics, continues to we endure in a red State or a blue make me proud. State, we are all equally deserving of KEYSTONE XL PIPELINE The volleyball team recently won its each other’s assistance. fourth championship in 7 years. It’s (Mr. MARINO asked and was given amazing. Congratulations especially f permission to address the House for 1 minute.) goes to Connor Hughes, the tour- KEYSTONE XL PIPELINE nament’s Most Outstanding Player. He Mr. MARINO. Madam Speaker, today joined Chris Austin, Michael Brinkley, (Ms. FOXX asked and was given per- I rise in support of the Keystone XL Collin Mehring, and Kevin Tillie on the mission to address the House for 1 pipeline and urge passage of H.R. 3, the all-tournament team. Hats off to Coach minute.) Northern Route Approval Act. David Kniffin, who is just the second Ms. FOXX. Mr. Speaker, parents In the 1,700 days that TransCanada coach in the 44 years of men’s know all too well the sinking feeling has been waiting for approval for Key- volleyball history to coach a team to that settles in around the kitchen stone XL, the State Department has the championship in his first season. table when it’s time to pay bills. issued over 15,000 pages of documents You’ve made us all proud. Go Ant- Utilities costs takes up more and analyzing the project’s environmental eaters. more each month and the once-simple impact. This administration continues task of putting gas in the car has be- f to delay and impede efforts to foster oil come an act of financial acrobatics. and natural gas production under an ENERGY II Heading into a long, hot summer, all-of-the-above energy solution. (Mrs. BLACKBURN asked and was House Republicans are committed to Recent advances in technology have given permission to address the House an all-of-the-above American energy put America in the center of a booming

VerDate Mar 15 2010 00:53 May 23, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.021 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2851 natural gas industry, particularly in ognition of worth from such things as the ple, and we should all thank the thou- my area, the PA 10th District. A NATO happy smile of a son or the outstretched sands of caregivers already answering Parliamentary Assembly report esti- hand of a grandchild. the call and working tirelessly to help mates that our shale will provide gas In 1998, she was the recipient of the these children in need. But together, to supply the United States for the Continuum of Caring Humanitarian we must pledge to do more. Despite the next 90 years at least. award by the Friends of St. Joseph best efforts of thousands, many foster If Americans have access to vast and Villa, but she never asked for a lot of youth struggle to find a permanent affordable resources, why are we not attention. Instead, she turned to serve home. We are a Nation good enough utilizing them? The same NATO PA re- others with a compassionate and car- and great enough to answer this call. port emphasized that the U.S. could ing attitude. Her life was a shining ex- f lead the world in oil and natural gas ample of one filled with faith, hope, production. and charity. WHY ISN’T ANYONE TALKING It’s time to build. Remove the road- On a very personal note, President ABOUT THE DEFICIT blocks preventing construction of the and Mrs. Monson have always been a (Ms. HANABUSA asked and was job-creating, economy-boosting Key- source of inspiration to me and my given permission to address the House stone XL pipeline. family. I want to thank them for their for 1 minute). f great example of Godly love, which has Ms. HANABUSA. Mr. Speaker, the served as a model for more than 14 mil- mantra for at least 4 years has been THE TUCKERS ON SEQUESTER lion Mormons around the world. She the Federal budget deficit, but for CUTS will be greatly missed; but her devo- some reason, it is now rather quiet. (Mr. YARMUTH asked and was given tion to her faith has touched so many, The question we should be asking is: permission to address the House for 1 it will undoubtedly leave a lasting im- Why? minute.) pression upon the world. Could it be because last week the Mr. YARMUTH. Madam Speaker, as f CBO readjusted its projections and has the reckless across-the-board cuts in determined that the government’s an- Federal spending known as ‘‘sequester’’ PAY AS YOU RATE ACT nual deficit is shrinking faster than ex- continue, I want to share a letter I re- (Ms. TITUS asked and was given per- pected—actually shrinking? The deficit ceived from my constituents, Leslie mission to address the House for 1 which topped 10 percent of the gross and Brian Tucker: minute.) domestic product in 2009 and exceeded After being robbed by our home lender dur- Ms. TITUS. Madam Speaker, I rise $1 trillion a year is now expected to ing the mortgage modification fiasco, my today to encourage my colleagues to shrink to $642 billion this fiscal year. wife took a job with Jefferson County Public join me as original cosponsors of the That’s $200 billion lower than expected. Schools and turned it into a career. She The deficit is expected to be 2.1 percent earned a certificate in childhood develop- Pay As You Rate Act. ment and went to work at Duvalle Learning The Veterans Administration cur- of the GDP by 2015, a rate that is Center in Early Childhood Education as an rently has more than 1 million backlog deemed manageable by the CBO. So assistant. After hard work, she rose to a lead cases, and 70 percent of these have been why aren’t we talking about this? teacher position. under review for more than 125 days. Just so we’re clear, the $200 billion is I am a union steel worker with bad insur- For some veterans like those in south- not due to the sequestration. Shouldn’t ance. We have three children together—the ern Nevada, the average time to proc- we be saying something is going right? youngest is 13 months, the oldest is 16 years ess a claim is close to 500 days. This is Could it just be the implementation of old. My wife recently was diagnosed with hy- the Obama policies may be working? perthyroidism and will require an expensive just unacceptable. procedure to fix it. The Pay As You Rate Act will ensure Imagine if we implemented it all. The news of her sequester-caused layoff hit that veterans receive at least some of Mr. Speaker, let’s talk about it so us especially hard, as it seems every time we their benefits in a more timely fashion. the people can clearly hear. get ahead a step, something knocks us back Currently, the VA withholds benefit f down. payments to veterans until their entire Middle class life now requires two incomes. RECOGNIZING MEMORIAL DAY Without my wife’s job, we will undoubtedly claim has been reviewed and processed. This is a serious problem, especially for (Mr. GINGREY of Georgia asked and end up drawing some sort of assistance. If was given permission to address the Congress can fix travel delays with the Iraq and Afghanistan veterans whose stroke of a pen, then helping my wife and the average claim contains 8.5 separate House for 1 minute and to revise and other teachers in Louisville being laid off components. extend his remarks.) should be a walk in the park. The Pay As You Rate Act will re- Mr. GINGREY of Georgia. Mr. Speak- Madam Speaker, I urge my col- quire the VA to pay veterans benefits er, I rise today to recognize the cour- leagues to listen to the Tuckers and as each element of the claim is re- age and the bravery of those service- end sequestration. viewed rather than waiting until the men and -women who have paid the ul- timate sacrifice in defense of our most f entire package has been processed. This is a commonsense change which cherished principles. SISTER MONSON will put money in veterans’ pockets This Memorial Day, we honor their (Mr. STEWART asked and was given sooner and also address the backlog. lives in the name of freedom, and we permission to address the House for 1 owe them our deepest respect and grat- minute and to revise and extend his re- f itude. But even more, we owe them our marks.) b 1230 allegiance to the principles for which Mr. STEWART. Madam Speaker, like they have given so much. We reflect NATIONAL FOSTER CARE MONTH all Americans, my thoughts and pray- upon these ideals, as we have on this ers are extended to the people of Okla- (Mr. MESSER asked and was given day for the past 145 years. homa this day. permission to address the House for 1 Service to one’s country is a value I also rise to pay tribute to a mod- minute.) that has been deeply ingrained in ern-day heroine, Mrs. Frances J. Mon- Mr. MESSER. Madam Speaker, I rise American heritage and—especially in son, who passed away last week. today in recognition of National Foster my home State of Georgia—you would Frances, the wife of Thomas S. Mon- Care Month. All children deserve a be hard-pressed to find someone who son, president of the Church Jesus safe, loving, and permanent home. Yet did not either personally serve or has a Christ of Latter-day Saints, led a life more than 400,000 of this Nation’s chil- family member or friend who has full of service, love, and dedication to dren in foster care are still looking for served. her family, friends, and her faith. such a place, a place where safe, sup- My home district has recently lost 37 Her daughter Ann has remarked of portive, and stable families can help of these unforgettable heroes, and it is Mrs. Monson: nurture their dreams to reality. in their memory that I would like to Instead of looking for the recognition of Madam Speaker, our Nation can give my deepest regards to the service- the world, she has always received her rec- never forget these amazing young peo- members who have laid down their

VerDate Mar 15 2010 00:53 May 23, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.023 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2852 CONGRESSIONAL RECORD — HOUSE May 22, 2013 lives and the families whose loved ones partisan legislation and get to work for PROVIDING FOR CONSIDERATION have been laid to rest for our great Na- the American people. OF H.R. 3, NORTHERN ROUTE AP- tion. f PROVAL ACT f Mr. WEBSTER of Florida. Mr. Speak- KEYSTONE XL PIPELINE HONORING WOMEN IN MILITARY er, by direction of the Committee on SERVICE (Mr. TIPTON asked and was given Rules, I call up House Resolution 228 permission to address the House for 1 and ask for its immediate consider- (Ms. JACKSON LEE asked and was minute and to revise and extend his re- ation. given permission to address the House marks). The Clerk read the resolution, as fol- for 1 minute.) Mr. TIPTON. Mr. Speaker, I would lows: Ms. JACKSON LEE. Mr. Speaker, like today to be able to begin with a again let me offer my deepest concern H. RES. 228 quote: and sympathy for our fellow Americans Resolved, That at any time after the adop- in Oklahoma—what an enormous trag- We are tired of waiting, and we believe the tion of this resolution the Speaker may, pur- time has come to make the final decision on suant to clause 2(b) of rule XVIII, declare the edy and devastation—and also our one of the most important projects to unlock House resolved into the Committee of the friends in north Texas. America is em- the energy future for this country, the Key- Whole House on the state of the Union for bracing them, as we should. stone XL pipeline. consideration of the bill (H.R. 3) to approve But I rise today to acknowledge, as Mr. Speaker, this quote is not from the construction, operation, and mainte- we look toward this coming weekend, an energy titan. It comes from Sean nance of the Keystone XL pipeline, and for other purposes. The first reading of the bill and honor those who have fallen in bat- McGarvey of the AFL–CIO. tle, and to be able to celebrate the ex- shall be dispensed with. All points of order The time has come for America and against consideration of the bill are waived. perience that Members of Congress, North America to be able to seek and women Members of Congress had this General debate shall be confined to the bill achieve energy self-sufficiency. This is and shall not exceed 90 minutes equally di- morning in commemorating the war part of the solution. Americans are vided among and controlled by the respec- memorial for women, and to salute tired of not planning for the future. We tive chairs and ranking minority members of Brigadier General Wilma Vaught, who need to unleash that potential to be the Committees on Transportation and In- was the founder and originator, along able to put our people back to work. frastructure, Energy and Commerce, and Natural Resources. After general debate the with Members of Congress, of this his- The time has come. The time is now. toric memorial. bill shall be considered for amendment under Let’s get America back to work. Let’s the five-minute rule. In lieu of the amend- Today, we ascended to Arlington Na- create energy security right here on tional Cemetery where we placed a ments in the nature of a substitute rec- this continent. ommended by the Committees on Transpor- wreath in honor of those women. 154 tation and Infrastructure, Energy and Com- f women have fallen in Afghanistan and merce, and Natural Resources now printed in Iraq. We had the privilege of honoring COMMUNICATION FROM THE the bill, it shall be in order to consider as an five women from the five military DEMOCRATIC LEADER original bill for the purpose of amendment branches and to, again, pay tribute to under the five-minute rule an amendment in those who are willing to sacrifice. The SPEAKER pro tempore (Mr. POE the nature of a substitute consisting of the Men and women sacrifice. They are of Texas) laid before the House the fol- text of Rules Committee Print 113–11. That parents. Mothers leave behind their lowing communication from the Honor- amendment in the nature of a substitute able NANCY PELOSI, Democratic Leader: shall be considered as read. All points of children and families. Families depend order against that amendment in the nature HOUSE OF REPRESENTATIVES, upon women in many different ways, of a substitute are waived. No amendment to Washington, DC, May 22, 2013. and it is greatly an honor to be able to that amendment in the nature of a sub- Hon. JOHN BOEHNER, honor those women and to say as well stitute shall be in order except those printed Speaker, U.S. Capitol, in the report of the Committee on Rules ac- that we will never, ever forget those Washington, DC. companying this resolution. Each such men and women who have fallen in bat- DEAR SPEAKER BOEHNER: Pursuant to Sec- amendment may be offered only in the order tle. And we will be there on Memorial tion 3 of the Protect Our Kids Act of 2012 printed in the report, may be offered only by Day, as I will be in my Heights loca- (Pub. L. 112–275), I am pleased to appoint Mr. a Member designated in the report, shall be Robert E. ‘‘Bud’’ Cramer of Huntsville, Ala- tion doing a flag ceremony and at the considered as read, shall be debatable for the bama, to the Commission to Eliminate Child Veterans Cemetery, because this is time specified in the report equally divided Abuse and Neglect Fatalities. what America does. We never forget and controlled by the proponent and an op- Thank you for your attention to this ap- those who fell in battle for us. ponent, shall not be subject to amendment, pointment. and shall not be subject to a demand for divi- f Sincerely, sion of the question in the House or in the NANCY PELOSI, KEYSTONE XL PIPELINE Committee of the Whole. All points of order Democratic Leader. (Mr. SOUTHERLAND asked and was against such amendments are waived. At the given permission to address the House f conclusion of consideration of the bill for amendment the Committee shall rise and re- for 1 minute and to revise and extend COMMUNICATION FROM THE port the bill to the House with such amend- his remarks.) CLERK OF THE HOUSE ments as may have been adopted. Any Mem- Mr. SOUTHERLAND. Mr. Speaker, The SPEAKER pro tempore laid be- ber may demand a separate vote in the 1,700 days and counting: that’s how House on any amendment adopted in the long it’s been since the application to fore the House the following commu- Committee of the Whole to the bill or to the build the Keystone XL pipeline was nication from the Clerk of the House of amendment in the nature of a substitute submitted to the State Department. Representatives: made in order as original text. The previous And with each passing day, every new MAY 22, 2013. question shall be considered as ordered on delay, job creation has been stalled and Hon. JOHN A. BOEHNER, the bill and amendments thereto to final passage without intervening motion except American energy independence has The Speaker, U.S. Capitol, House of Representatives, Washington, DC. one motion to recommit with or without in- been pushed to the back burner. DEAR MR. SPEAKER: Pursuant to the per- structions. That is why I am pleased to join my mission granted in Clause 2(h) of Rule II of b 1240 colleagues in saying no more road- the Rules of the U.S. House of Representa- blocks to American-made energy. No tives, the Clerk received the following mes- The SPEAKER pro tempore. The gen- more roadblocks to the 40,000 jobs that sage from the Secretary of the Senate on tleman from Florida is recognized for 1 will be created during the construction May 22, 2013 at 11:08 a.m.: hour. of the Keystone XL pipeline, not to Appointments: Mr. WEBSTER of Florida. For the mention the jobs to run and operate it Military Compensation and Retirement purpose of debate only, I yield the cus- Modernization Commission. in the future. With best wishes, I am tomary 30 minutes to my colleague on The time for the Keystone XL pipe- Sincerely, the Rules Committee, the gentleman line is now. The time for our energy KAREN L. HAAS, from Colorado (Mr. POLIS), pending independence is now. Let’s pass this bi- Clerk. which I yield myself such time as I

VerDate Mar 15 2010 00:53 May 23, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.025 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2853 may consume. During consideration of 3 breaks the Presidential logjam and utes, and I yield myself such time as I this resolution, all time yielded is for approves this worthwhile project. may consume. the purpose of debate only. On December 23, 2011, both the U.S. Mr. Speaker, I rise today in opposi- GENERAL LEAVE House and the Senate unanimously ap- tion to the rule and the underlying bill, Mr. WEBSTER of Florida. Mr. Speak- proved, and the President signed into the Northern Route Approval Act. er, I ask unanimous consent that all law, a bill that required the President In the words of Yogi Berra, it’s deja Members have 5 legislative days to re- to approve the pipeline unless the vu all over again here in the House of vise and extend their remarks. President determined that the project Representatives. The SPEAKER pro tempore. Is there did not serve national interests. Last week, the House of Representa- objection to the request of the gen- On January 18, 2012, the President tives repealed the Affordable Care Act tleman from Florida? said ‘‘no’’ to the pipeline, claiming for the 37th time. This week, for the There was no objection. that it did not serve national interests. eighth time in 21⁄2 years, we’re voting Mr. WEBSTER of Florida. Mr. Speak- By preventing this project from mov- yet again on another Keystone pipeline er, I rise today in support of this rule ing forward, he said ‘‘no’’ to 42,100 con- measure that will never become law. and the underlying bill. struction and manufacturing jobs at a The very decision to sign this law House Resolution 228 provides a time when Americans need work. He would lie with the same President upon structured rule for consideration of said ‘‘no’’ to cheaper gas prices for whose desk this decision is currently H.R. 3, the Northern Route Approval goods and services which could result awaiting approval; and, therefore, this Act. The rule makes 10 of the 25 in reduced energy cost. is yet another waste of taxpayer time, amendments submitted to the Rules As you know, Mr. Speaker, lower en- taxpayer money, when we have press- Committee in order, nine of which were ergy costs lead to lower manufacturing ing national issues we should be dis- sponsored by my colleagues on the and shipping costs which, in turn, con- cussing—how to address our budget other side of the aisle, and it provides tribute to less grocery, gas and utility deficit, how to get our economy mov- for a robust debate in the House of bills for the average American family. ing, how to renew affordable college Representatives. He said ‘‘no’’ to increased diversifica- and low-interest rates for students. The underlying bill was marked up tion of America’s oil supply. He said There are so many issues that my by three committees of jurisdiction, ‘‘no’’ to reduced dependence on foreign constituents are crying out for. Yet an- and each committee reported the bill oil. All these benefits this generation other symbolic issue that has nothing favorably with a bipartisan vote. could pass on to future generations. to do with whether the Keystone pipe- Additionally, the U.S. Senate, on By this inaction, the President said line is approved or not is the last thing March 22, 2013, voted to approve the ‘‘yes’’ to more oil from barges from the we should be spending our time here on pipeline by a vote of 62–37. Middle East. When the pipeline is final- the floor of the people’s House debat- Mr. Speaker, there are four simple ized, it will transfer 830,000 barrels of ing. reasons this bill has garnered bipar- oil each day, which totals nearly half Rather than creating a bill that’s tisan support: it creates American jobs; of our current daily imports from the more viable, instead this bill, by far, is it increases our energy independence; Middle East. the worst iteration of the bill that it strengthens our national security; The President said ‘‘yes’’ to our ally, we’ve seen, worst of the eight. and it will contribute to lower gas Canada, taking its business elsewhere, Even my colleagues who support con- prices. to China, rather than the United struction of the 875-mile pipeline are This bill leads where the President States. The oil from the tar sands of having trouble supporting this bill be- has wavered, and finally approves the Canada will go on the market some- cause of its thinly veiled messaging northern route of the Keystone XL where, whether we approve the XL that guts important laws and waives pipeline, which has been studied for pipeline or not. This is our chance to judicial review. over 1,700 days by 10 Federal agencies ensure Americans will have the oppor- In short, this Northern Route Ap- and several State environmental agen- tunity to benefit from the energy sup- proval Act is a regulatory earmark, a cies. ply, not China. specific earmark which this House of The U.S. Department of State has The State Department acknowledged Representatives has purported to issued four environmental impact that the United States would be more eliminate. Not only is it an earmark; statements, at a total length of 15,500 secure if we relied more heavily on a it’s an earmark that has a far greater pages. These studies prove that the non-OPEC source, such as Canada, for dollar value than any of the earmarks vast majority of the project will not re- our energy needs. that have been much maligned by sult in a significant environmental im- According to the State Department, Members of both parties and are no pact, and mitigation efforts will be un- and I quote: longer part of this deliberative body. dertaken to reduce any environmental Non-OPEC Canadian crude oil supplies ad- At a time where we should be advanc- impact. vance the energy security of the United ing on renewable energy policy, on an Additionally, the project includes 57 States, given Canada’s close proximity, our all-of-the-above energy policy, this bill project-specific special conditions to free trade agreements, and our close bilat- would bypass the very system that this ensure the maximum level of safety. eral relationship with a stable democracy. Congress has set up under the law for Due to these conditions, the U.S. State Canada is a more reliable and cost-ef- consideration of a project. Department’s Environmental Impact ficient source of energy than the for- 1250 Statement found that the pipeline will eign oil that we depend on from the b have ‘‘a degree of safety over any other Middle East, Africa, and other regions This project has nothing to do with typically constructed domestic oil of the world. gas prices. In the analysis from the De- pipeline system.’’ For these reasons, Mr. Speaker, I rise partment of State, there is absolutely For 4 long years, multiple studies in support of this rule and the under- no indication this would have anything and well over 15,000 pages of environ- lying legislation. The relevant commit- to do with gas prices. This is for the mental analysis, the administration tees of jurisdiction have provided us global market. Let’s debate it for what claims that the XL pipeline still can- with a bipartisan bill that will create it is. Is it a favor to Canada if we do it? not be approved. We all hear the echo American jobs, ensure energy inde- Absolutely. Does it have an environ- of the President chiding Congress with pendence, increase our national secu- mental and health impact on Ameri- his slogan, ‘‘We can’t wait.’’ rity, and contribute to the lower gas cans? Absolutely. Weigh the two. Let’s I would like to ask, Mr. Speaker, if prices. look at a cost benefit. not now, when? I encourage my colleagues to vote This has nothing to do with lower gas This bill answers that question, and ‘‘yes’’ on the rule and ‘‘yes’’ on the un- prices. If we want to talk about lower the answer is today. It is clear that derlying bill. gas prices, let’s do it. Let’s increase this pipeline will create jobs, increase I reserve the balance of my time. fuel efficiency standards to lower gas national security, and contribute to Mr. POLIS. I thank the gentleman prices. Let’s look at what we’re doing lower gas prices. For this reason, H.R. for yielding me the customary 30 min- nationally. Let’s look at our processing

VerDate Mar 15 2010 00:53 May 23, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.029 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2854 CONGRESSIONAL RECORD — HOUSE May 22, 2013 capacity. Let’s look at alternative and crude oil, the 150,000-gallon oil spill in and for farming. We simply need more public transportation. There’s a lot of Mayflower, Arkansas, 2 months ago information about the potential impact things we could be doing that actually shows an example about the inad- and the range of impact that an oil would reduce gas prices. There is no equacy of some of our current pipeline spill would have on the Ogallala Aqui- analysis in the Department of State’s safety regulations. I’ve heard argu- fer. thorough vetting of this that this ments that the pipeline could create Mr. Speaker, even if my colleagues would have any impact on price at the economic benefit. Well, communities support the President if he chooses to pump. This is 5 to 10 years from now, like Mayflower certainly won’t see the move forward with the Keystone XL exporting a majority for the global benefits of Keystone when their yards, pipeline, there are many reasons not to market. homes, and businesses are buried in the vote for H.R. 3. Rather than ensuring Instead of voting on this act, there’s thick black layer of tar sands crude oil, that we have the proper protections in a number of other great bipartisan bills threatening agriculture and local eco- place for our environment and our citi- we could be talking about which would nomic development. zens, the Northern Route Approval Act reduce gas prices. Let me give an ex- I think that we should make sure mandates approval of the pipeline ample. that tar sands developers adhere to while waiving nearly all other Federal The Public Lands Renewable Energy pipeline safety standards that protect permitting requirements. Act that I helped coauthor with Rep- the health of Americans and protect It doesn’t even allow a discussion of resentatives Gosar, Thompson, and our economy and protect jobs to ensure amendments like Mr. TONKO’s that Heck of Nevada would expand renew- that any project that goes forward were brought forward in good faith able energy development and create doesn’t destroy jobs rather than create that at least deserve 10 minutes on the jobs while protecting our Nation’s pub- them. floor of the House when, by the way, lic health and environmental re- To address pipeline safety issues, Mr. we’re debating a bill that’s never going sources. And yes, because we expand TONKO of New York has offered a com- to become law, won’t be brought up in our renewable energy development monsense amendment. He’ll be here to the Senate, and goes to the very same portfolio, it would apply downward speak about that. It would require the President for signature who’s consid- pressure on gas prices. Secretary of Transportation to deter- ering this project. So the least we can This bill is talking about a review mine whether current pipeline regula- do is spend 10 minutes debating Mr. process that’s already well underway tions are sufficient to address the spe- TONKO’s meaningful amendment if for the Keystone XL pipeline. Congress, cial safety concerns that are particular we’re spending time debating every- itself, set up the process whereby each to transporting tar sands crude oil. Un- thing else that isn’t going to become administration—and the country has fortunately, however, this rule, which I law. the opportunity every 4 years to elect strongly oppose, as well as the under- I encourage my colleagues to oppose a President. Congress set up the proc- lying bill, does not allow for the discus- this rule, support a more open and ess where each administration has the sion or even the debate about Mr. transparent process here on the floor of the House, and then move forward with criteria for approving projects like TONKO’s amendment, which I think is a Keystone. If we don’t like the criteria, commonsense requirement. legislation that deals with critical na- let’s talk about changing those criteria Since this bill doesn’t require the tional priorities that all of our con- in statute. That’s the proper way to do pipeline regulations which were re- stituents are calling upon this Con- it, not just shortcut the very process quested by Mr. TONKO, I’m pleased that gress to act upon. at least an amendment that I offer I reserve the balance of my time. that Congress set up. Mr. WEBSTER of Florida. Mr. Speak- Until then, we need to keep this proc- with Ms. CHU of California and Mr. er, I yield 2 minutes to the gentleman ess in place. No matter what the ad- CONNOLLY of Virginia was made in from Louisiana, Dr. FLEMING. ministration does, some Members of order. This amendment would require Mr. FLEMING. I thank my friend Congress aren’t going to like the out- the Government Accountability Office from Florida. come; but we establish the ground to evaluate the true cost of a potential Mr. Speaker, I rise in support of the rules, and the executive branch is ad- spill from the Keystone XL pipeline in rule and the underlying bill. It’s very ministering the law that we created. our communities. The GAO study interesting that our colleagues on the Rather than interrupting the State De- would look at the impact of tar sands other side of the aisle claim that more partment’s review process with this spills on public health, the environ- oil production doesn’t affect the price bill, we should allow the Department ment, and the quantity and quality of of oil or gasoline. Well, that’s the same to take the necessary time to address water available for agriculture to thing as saying that gravity doesn’t the impacts, the concerns, the costs, farmers and to municipalities for exist and the Earth is still flat. Neither and the benefits of this controversial drinking. one of those are true. pipeline. It’s inevitable that the Keystone We all know that it’s a marketplace, Although there’s many issues that pipeline will have spills and leaks. it’s a commodity, and the more you need to be better understood as part of That much we know. These spills and produce, the lower the price. How well the Keystone XL process, it’s critical leaks are not only costly to clean up— do I know that? In my own district in that we address pipeline safety issues and we need to know and understand Louisiana, we produce more natural to make sure that tar sands don’t spill those costs—but they also take a toll gas than we can use, and the price now into our communities. It’s not a Re- on our communities. Accidents happen. is so low that we can hardly produce it publican or Democratic issue. Every- Understanding the cost of spills is also because of the low reimbursement for body wants to make sure that America important because the Keystone pipe- the cost. But that will come up over is safe, even if we do a major favor for line is slated to cross over the Ogallala time. Canada. There are indications that this Aquifer. The Ogallala Aquifer lies be- Two cents a gallon in 1 day is how pipeline could be more susceptible to neath 8 States, including my home much gasoline prices have recently in- oil spills because of the higher pressure State of Colorado, and supplies drink- creased. It has increased 7 cents a gal- that this type of pipeline uses com- ing water to about 2 million Americans lon just in the last week. It may not pared to conventional crude. In fact, in and supplies 30 percent of the irriga- sound like much, but the price of gas is the public comment period, many tion water for our Nation’s farmers. going up once again. One headline says, Americans expressed their concern TransCanada stated that it will pro- ‘‘Gas Prices Spike Ahead of Memorial that a spill could impact their property vide alternative water supplies to af- Day.’’ That’s hitting just about every value, their health, their safety, access fected communities if an oil spill im- American in the wallet, and yet the to clean drinking water, and quality of pacts surface or groundwater. But President continues to play games with life. These are the types of things the TransCanada’s promise to provide al- a project that will carry an estimated administration is rightfully weighing ternative water supplies in case of an 830 barrels of oil per day from Canada in determining the outcome. oil spill is not enough insurance for to the gulf coast for processing. While others argue the pipelines are millions of Americans who rely on the So what are we waiting for? More the safest way to transport tar sands Ogallala Aquifer for drinking water studies? This project has been studied

VerDate Mar 15 2010 00:53 May 23, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.031 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2855 to death. Every State that it would go sion of energy independence has, in any will include her testimony with my through has already sent its approval. case, been postponed by the very ac- statement. She is only one of a number It’s been 1,700 days since TransCanada tions that work against this rule would of landowners who were bullied by first applied to the State Department represent because we’re talking here TransCanada, and she is now seeking a for permission to build the Keystone about 5 years of postponement. And I remedy in State court. XL pipeline. TransCanada says pipeline think to have real energy solutions Ms. Crawford and all other property construction will create about 20,000 here in the United States means, first owners who have gone to the courts jobs. And our colleagues on the other off, using the energy solutions that are should have the opportunity to make side of the aisle say, Why aren’t we represented in this continent. their cases. If TransCanada wants ac- talking about jobs? Twenty-thousand I think it is by no means a fix, it’s by cess to our land, they should follow our good-paying jobs, plus lower prices to no means a cure—in deference to my laws—laws put in place to safeguard the consumer. colleagues on the other side of the our resources and our rights. aisle—but it is an important step in I urge my colleagues to reject this b 1300 the right direction. I think as well it rule and this ill-conceived and unneces- The SPEAKER pro tempore. The represents a step toward energy inde- sary legislation. time of the gentleman has expired. pendence, which is also about national TESTIMONY SUBMITTED TO THE HOUSE JUDICI- Mr. WEBSTER of Florida. I yield the security. ARY COMMITTEE SUBCOMMITTEE ON THE CON- gentleman 30 seconds. I think it’s a step toward jobs, which STITUTION AND CIVIL JUSTICE HEARING ON THE PRIVATE PROPERTY RIGHTS PROTECTION Mr. FLEMING. I thank the gen- are vital in this country and needed at ACT tleman. this time—more than 20,000. And I APRIL 18, 2013. But the Obama administration’s think ultimately it’s a pocketbook State Department has politicized this My name is Julia Trigg Crawford. I am the issue. Where, as you think about driv- third-generation manager of the farm my project and stalled it in order to kow- ing time coming this summer and the grandfather bought in 1948. As a landowner tow to the far-left environmental number of people who will be filling up along TransCanada’s conveniently uncoupled fringe. their tanks, this is a step in the right Keystone Gulf Coast Project, I absolutely We need the jobs and we need the en- direction toward energy independence, support measures to limit eminent domain. ergy benefits. We need the lower costs energy security, and ultimately jobs. But I strongly oppose an exemption for for consumers and for manufacturing. For that reason, I rise in support of the TransCanada, its Keystone XL, and any other foreign or domestic for-profit entity Mr. POLIS. Mr. Speaker, of course rule. quantity affects price—Economics 101. that cannot provide proof that their projects Mr. POLIS. Mr. Speaker, I am hon- are for public benefit. The disconnect here and the failure in ored to yield 2 minutes to the gen- I believe, as do countless others following the argument from the other side is tleman from New York (Mr. TONKO), my family’s legal case, that TransCanada this quantity is a rounding error in the whose amendment under this rule was has abused the power of eminent domain in global supply and the global demand. also shut out from even a debate here taking our land. When another pipeline This has no impact on price. We’re not on the floor of the House. asked to come across our place, we said we talking about anything that actually Mr. TONKO. I thank the gentleman did not want them here and asked they moves the bar of reducing gas prices would find a different route through a will- from Colorado. ing neighbor. That pipeline company did just for consumers. I oppose the rule and the underlying that—and eminent domain was never men- With that, it’s my honor to yield 1 legislation. tioned. minute to my colleague from Michigan I submitted two amendments to the When they came knocking in 2008 we told (Mr. PETERS). committee; I regret that neither was TransCanada the same thing: we don’t want Mr. PETERS of Michigan. I rise to made in order. One—rejected by the a pipeline here, and asked them to find an- urge my colleagues to reject this rule Republican majority—would have pro- other route. They said no, then exploited a and reject H.R. 3. tected private property owners along flawed permitting process in Texas, and used We’ve already seen the impact of tar eminent domain to take the easement they the pipeline route from being bullied wanted across our land. sands oil in my district. Piles of petro- by TransCanada into giving up their There are a host of reasons why we don’t leum coke three stories tall and a city land. The other amendment would have want a pipeline across our property. First, block wide are sitting on the banks of required the Secretary of Transpor- we don’t believe a foreign corporation should the Detroit River. Pet coke, a byprod- tation to provide assurance that cur- have more of a right to our land than we do. uct of refining tar sands oil, is much rent pipeline safety regulations are suf- Secondly, we need to protect its Caddo In- dirtier than coal and is often sold to ficient to prevent spills of diluted bitu- dian heritage, specifically the 145 artifacts China. In Detroit, it sits uncovered and TransCanada’s archeologists recently found men. I have represented communities within the proposed pipeline easement. How uncontained, waiting to blow into the that have been impacted by pipeline curious that TransCanada and the Texas His- air and water. These piles of petroleum explosions. I know the price they pay. torical Commission concur that my entire coke are a blight on our communities Much of this pipeline is going to 30-acre pasture qualifies for National Reg- and could pose a threat to the environ- cross private lands, not public lands. istry of Historic Places recognition, EX- ment and public health. Protection of private property rights is CEPT for the one sliver of land TransCanada I offered an amendment to require a something we hear a lot about when- must have on our place to connect the two study on the environmental impacts of ever government makes a decision to sections of pipeline they’ve already build ad- jacent to our land petroleum coke and other byproducts. protect unique and valuable public re- We don’t want them horizontally drilling This amendment was rejected by the sources. But apparently, if a foreign under the Bois d’Arc Creek where we have Rules Committee despite the study’s company wants to build a pipeline to State-given water rights. We irrigate 400 potential benefits to communities who transport oil for export, private prop- acres of cropland from this creek, and the may become host to their own piles of erty rights can be sacrificed. pipeline would be just a couple hundred Pet coke. What is the rush? There is existing yards upstream from our pumps. Any leak The bill—and the rule—is taking us pipeline capacity to deliver this oil. from that pipeline would contaminate our equipment, and then our crops in minutes. in the wrong direction. Instead of sell- The tar sands are not going to dis- Furthermore, the neighbor directly to the ing dirty energy to China, we should be appear. Our citizens should receive a west of us owns thousands of acres, and had developing clean energy technology fair chance to defend their property in granted TransCanada an easement anyway. here at home. State courts. This legislation deprives When we politely asked them to seek a way For these reasons, I cannot support them of that opportunity. around us, TransCanada could have slightly the rule. And urge my colleagues to re- Ms. Julia Trigg Crawford testified altered their route and traversed that neigh- ject H.R. 3. last month before the Committee on boring land differently, avoiding our prop- Mr. WEBSTER of Florida. Mr. Speak- the Judiciary’s Subcommittee on the erty altogether. But instead they just pulled er, I yield 1 minute to the gentleman Constitution and Civil Justice in favor out the club of eminent domain, telling a re- porter later it was just too late to make any from South Carolina (Mr. SANFORD). of limiting the power of eminent do- changes. Mr. SANFORD. I rise in support of main and in strong opposition to grant- As some of you may know, in 2011 the the rule because I think that this illu- ing an exemption to TransCanada. I Texas Supreme Court ruled in Denbury

VerDate Mar 15 2010 00:53 May 23, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.032 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2856 CONGRESSIONAL RECORD — HOUSE May 22, 2013 Green that private property rights are far United States.’’ And TransCanada is at the The Keystone XL is a private infra- too precious to be taken by simply checking heart of these issues right now. Their adver- structure project with no government a box on a form. Furthermore, the Supreme tisements in my local newspaper say ‘‘We funds that will create nongovernment Court said that when challenged by a land- want to be more than just a pipeline com- owner, the burden falls on the pipeline to pany: we want to be a trusted neighbor’’. jobs—by the way, a $7 billion infra- present reasonable proof it meets the re- They’ve given me no reason to trust them. structure project, 20,000 direct jobs quirements of a common carrier. So we did I do not believe there has been even one along this route over a 2-year period. just that, we asked for the proof. shred of documentation that proves that one I want to make a very important In challenging TransCanada, we asked single drop of the products transported point. Those who oppose this legisla- them to provide proof they met the quali- through TransCanada’s pipeline will be re- tion argue that it’s unprecedented. fications as a common carrier and had the fined for use in the U.S. Yet we are supposed This is not the first time Congress has right of eminent domain. And once again to relinquish our family’s tradition and the they hid behind the skirts of the Texas Rail- cultural heritage of the families who lived had to intervene to build a pipeline. road Commission, saying in essence, The on our land before us, just because Trans- Like-minded legislation to this one Railroad Commission believes us, you should Canada says, without proof, that their pipe- was necessary 40 years ago to achieve too. The embattled Railroad Commission has line is for the public good. How can this pipe- construction of the game-changing proven to be nothing more than a rubber line be for the public good when so much in- trans-Alaska pipeline. That legislation stamp, they have never denied anyone com- formation about it is not even in the public that was passed and signed into law mon carrier status. So, when we asked for record? Diluted bitumen, tarsands, whatever deemed that the environmental stud- you want to call it, is a product we should another element of proof, their tariff sched- ies—NEPA—were sufficient, as this one ule, TransCanada said in court they would fully understand before we start pumping it not have that tariff schedule until about the through major waterways, sometimes does; that rights of way across Federal time product started flowing. In other words, through 70-year-old pipelines built before lands—not State, but Federal lands— they could not produce this particular proof tarsands extraction was economically viable. were processed; and judicial review was they were entitled to take my land until TransCanada has called this product propri- also included. after my land was condemned, handed over etary, refusing to provide specifics. How can Then again, in 2004, Congress had to to them, construction was completed and we ensure the safety of a substance when we act to pass legislation to build the tarsands, the product for which Keystone is don’t even know its ingredients? Pipeline companies do not deserve a free Alaska natural gas pipeline. That legis- being built, was flowing. This is wrong, and lation was passed and signed into law is precisely why the Keystone XL should not ride, especially when they can’t clean up be granted an exemption from this bill’s their own messes, and especially when we with a 60-day judicial review. The pipe- much needed eminent domain restrictions. taxpayers are subsidizing the cleanup at- line was deemed to be in the national If I read it correctly, this bill’s exemptions tempts. Look at Enbridge in Michigan. Look interest and, unlike today, it expedited for pipelines already under construction at Exxon in Arkansas. This is a spill I went the NEPA. Here, the NEPA process has allow current eminent domain abuses to go to see for myself. Standing at a culvert, I been finished—complete. The only way unpunished. The bill addresses the problems, saw the 5 foot high imprint of the oil rush to the local wetlands. The thought of seeing the you can get more studies is to have and outlines important solutions, yet allows amendments requiring more studies be- those who exploited the process up until a equivalent on my creek bank is disheart- certain date on a calendar to get off ‘‘scot- ening. America already subsidizes the oil in- cause all of the legal requirements free’’. And as someone who has lost part of dustry at a monumental disproportion to have been filled. her family farm to this abuse, that’s leaves other industries. Are we to further subsidize Today, we just heard about mistreat- me, and lots of people like me out in the pipelines with our safety, our security, and ment. And there was some misinforma- cold. And add insult to injury: our land was our human dignity? tion from the last speaker regarding Corporations may be considered to be peo- taken through abusive means, and the abus- ple, but dollars do not yet count as votes. what this bill does. It gives a stream- ers could get off without even a hand-slap. TransCanada’s money never sleeps, but nei- lined judicial process in regard to the Two years ago when our family first began Federal permits issued. It has nothing our stand against eminent domain abuse, ther do landowners like me, faced with the TransCanada was flying below the radar threat of losing our property, or seeing our to do with States’ eminent domain. screen. No one seemed to know much about land and identities torn apart. But let’s hear some facts. This bill brings much needed reform to a the Keystone XL Pipeline. But now the light Today, TransCanada has agreements sometimes flawed system, and a platform is blindingly bright on TransCanada, the with 60,000 landowners over 32,000 miles where wrong can be made right. But with tarsands, and the threat to everyone’s land this exception that includes TransCanada, it of pipeline. Under the original Key- and water. People around the world see that is turning a blind eye to the most flagrant stone pipeline that goes through Ne- TransCanada represents eminent domain abuser of eminent domain today. I urge you braska, there were over 300 landowners gone unchecked and horribly wrong. Why to remove that exclusion, and let those who involved in negotiations, four of whom else would there be so much pushback, by so have abused be exposed, and suffer the con- many people, from so many backgrounds, in objected. Three of those settled, one sequences. TransCanada stole land that has went to court; 300 versus four that were so many ways, to the Keystone XL project? been in my family for 6 decades, and all for If we allow an exception for TransCanada upset. And they got their day in court a project that will line their pockets. To and the Keystone XL, we will be setting a allow them to walk away from past abuses in the State of Nebraska, just like this dangerous precedent, leaving the door open without penalty is egregious. I will continue bill preserves. If there are verifiable for even further misuse of our legal system to fight these injustices because life, as we crop deficiencies, it’s TransCanada’s and more abuse of landowners unwilling to know it, depends on it. And I am not alone. policy to make them whole. risk their property for foreign profits. The Respectfully submitted, same system that enabled the judge in our Now, what will compel the State De- JULIA TRIGG CRAWFORD. case to issue a 15-word ruling from his partment to complete this process? iPhone would enable TransCanada and other Mr. WEBSTER of Florida. Mr. Speak- They’ve had it for 5 years. The studies pipeline companies to use the incredible er, I yield 5 minutes to the gentleman have been completed—the original legal and psychological leverage of eminent from Nebraska (Mr. TERRY). NEPA, a supplemental, a Nebraska domain to continue stealing property from Mr. TERRY. Mr. Speaker, I rise in supplemental. American citizens. support of this rule and the underlying Mr. Speaker, this is the most studied We have appealed that iPhone ruling, and legislation. pipeline in the history of mankind. look forward to our day in court with an ex- Let’s be honest: this permit is 5 years perienced panel of judges in the 6th Circuit old. The average time for authorizing b 1310 Court of Appeals in Texarkana, Texas. And if History is our greatest educator. our legal defense fund holds out, we may permits in these types of projects is 18 take it to the Texas Supreme Court. to 24 months. Enough paralysis by In 1973, Congress passed and Presi- Eminent domain abuse at the hands of one analysis. dent Nixon signed the Trans-Alaska greedy corporation is unforgivable, but it is Now, some may say during this dis- Pipeline Act to ‘‘ensure that because of part of something even bigger. While all land cussion that we’re being impatient and the extensive governmental studies al- is invaluable to its owners, farmland holds a we’re rushing this through—1,700 days? ready made of this project and the na- particularly unique position. Rural property This delay has taken longer than it tional interest in early delivery of rights, like mine, are the ‘‘fundamental took the Greatest Generation to win North Slope oil to domestic markets, building blocks for our Nation’s agricultural industry.’’ ‘‘The use of eminent domain to World War II on both fronts. It’s longer the trans-Alaska pipeline be con- take farmland and other rural property for than it took Lewis and Clark to do structed promptly without further ad- economic development threatens liberty, their exploration of the Louisiana Pur- ministrative or judicial delay or im- rural economies, and the economy of the chase to Oregon and back. pediment.’’

VerDate Mar 15 2010 00:53 May 23, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.008 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2857 That was 40 years ago we had the This is no ordinary pipeline. It will operated, but throughout the entire same problems; 2004 we have the same transport dirty tar sands oil from Can- country. problems. And it took Congress to act ada to Port Arthur, Texas. Tar sands Keystone is going to enhance our na- to resolve them. oil produces 40 percent more carbon tional security. Think about this for a This will be the newest, most highly pollution than conventional oils. minute. And, frankly, our Foreign Af- engineered pipeline in our history to Pretending that this pipeline has to fairs Committee members, 24 of our Re- resolve some of the questions from the be done and has to be done imme- publican Members, wrote to the Presi- gentleman from Colorado. Again, three diately is to hide from the reality of dent in February saying that by pro- separate environmental studies. the consequences of this pipeline. We viding secure access to petroleum from The SPEAKER pro tempore. The really don’t need the oil. It is oil that Canada, we would reduce our reliance time of the gentleman has expired. will be primarily exported out of this on energy imports from countries in Mr. WEBSTER of Florida. I yield the country. the OPEC cartel. The U.S. would be gentleman an additional minute. A recent study by Cornell University less vulnerable to political and secu- Mr. TERRY. The point of those is to found that Keystone XL will divert rity-related disruptions of our energy study the impacts, if there is a spill, to more green jobs and contribute to more supply. not only the soil, the ecosystem, but climate change than any other project. Well, that’s the point. That’s the ob- the Ogallala Aquifer as well. Three dif- The claims of employment are hugely jective here. And in the same vein, en- ferent studies have dealt with that. All exaggerated. ergy from Canada will enable us to re- have scientifically concluded that We are having the wrong conversa- duce our dependence on unstable and there is negligible impact on the eco- tion. We should be talking about the unfriendly oil exporters. For example, system, or in the artistic term ‘‘not future of real energy independence and while the Venezuelan regime remains significant.’’ alternative and renewable energy. openly hostile to the U.S., the country The most celebrated geologist in the While I don’t support H.R. 3 or Key- is our fourth largest source of oil. By State of Nebraska has said that it is stone XL, I think the decision lies with contrast, Canada has long been one of impossible for the oil to get to the the President. That’s why I am circu- our closest allies. Ogallala Aquifer; but if it did, the lating a letter to the President to re- Our economies are joined together water is still and won’t move out of ject this lack of a Presidential permit. with Canada and our energy sectors are that and can be easily remedied. Mr. WEBSTER of Florida. Mr. Speak- already integrated. We want to spend Now, I’m not being impatient; the er, I yield 4 minutes to the gentleman the money in Canada and have it cir- Republicans aren’t being impatient. from California (Mr. ROYCE). culated back over that border. Ninety Our Nation of builders needs this pipe- Mr. ROYCE. Mr. Speaker, as chair- percent of what Canada buys is made in line, and I urge approval of both the man of the Foreign Affairs Committee, the United States. We could have no rule and the bill. let me make it abundantly clear here: better partner in our effort to ensure Mr. POLIS. Mr. Speaker, the gen- the pipeline is going to be built. The our energy security. tleman cited studies that apparently question is whether it’s going to be By obstructing the approval process, addressed his concerns about environ- built west to Vancouver, and then the administration not only prevents mental impact. I would draw his atten- we’re going to see the product shipped the benefits of the pipeline from mate- tion to the fact that there were three to our economic competitors; or will rializing; it also chills the development draft studies—one that was actually fi- the pipeline be built south to our refin- for new projects. Think about this. At nalized. All of them were on the old eries in the United States. the present time, Canada and Mexico routing. The project itself has been re- There’s a second point. We’ve got the are major sources of American energy vised. There have been zero studies, en- cleanest burning refineries in the and offer enormous potential for the vironmental studies for health and world. That is not true in terms of our development of new oil and gas fields water, with regard to the new routing economic competitors. and greatly expanded cross-border en- of the pipeline. So from an environmental standpoint ergy trade. With that, I would like to yield 2 and from the standpoint of energy Yet if our existing Federal bureauc- minutes to the gentleman from Ari- needs in the U.S., it makes no sense to racy is willing to impose excessive zona (Mr. GRIJALVA). advance the interests of our economic costs and continued delays on a project Mr. GRIJALVA. Mr. Speaker, I rise competitors. as sound as Keystone, what reasonable in opposition to the rule. Whether or Now, the U.S. energy costs have been business will want to assume similar not you support the pipeline, you declining. China’s energy costs have risks going forward? I tell you what should oppose this legislation. H.R. 3 is been rising. Our country is becoming a will happen: that pipeline will be built a reckless attempt to sideline environ- more attractive place to manufacture instead to Vancouver, British Colum- mental review and limit public input. goods. We are also becoming more com- bia, and instead of the imports coming The majority claims that Keystone petitive, both with Europe and with into the United States. XL is the most studied pipeline in the Asia. The SPEAKER pro tempore. The history of pipelines. Shouldn’t a pipe- U.S. gasoline prices right now are 30 time of the gentleman has expired. line that is going to run the length of percent lower than China’s, and U.S. Mr. WEBSTER of Florida. I yield the our country be exhaustively studied? electricity prices are 50 percent lower gentleman an additional 30 seconds. We need to know the environmental than Europe’s. For those of us that Mr. ROYCE. The role of the State De- impacts and truly weigh all the con- have been involved in manufacturing in partment in the approval process is to sequences, intended or not, of H.R. 3; the past, we understand how important determine whether the project serves and H.R. 3 would deny the American that is. We want energy prices lower the national interest. No one familiar people and this Congress that oppor- here in the United States than they are with the facts would deny that it does, tunity. overseas, not the other way around. but the delays continue based on un- Over 1 million Americans commented A reliable and efficient energy supply founded claims. on the Supplemental Environmental is, frankly, vital to our economic com- The State Department’s own draft Impact Statement. The President and petitiveness; and unless we reverse Supplemental Environmental Impact his administration need time to ana- course, we could squander the advan- Statement on Keystone concluded lyze these comments and evaluate the tage we have right now. The Keystone that, in effect, there was no environ- impacts of this massive project. H.R. 3 pipeline will have a major positive im- mental reason not to approve the pipe- shuts that process down and says it’s pact on the economy at a time when line; yet still no action has been taken. ready to go. millions of hard-pressed Americans are But it appears that not everyone in This can’t be about making the searching for work. Keystone will cre- the administration got the message to President look bad or the bottom line ate an estimated 20,000 new direct jobs slow this project down. This month, of a Canadian corporation. This is and we know hundreds of thousands of the U.S. Fish and Wildlife Service con- about doing what’s right for this coun- indirect jobs, not only in the States cluded that the proposed Keystone XL try. where the pipelines will be built and pipeline would have no negative impact

VerDate Mar 15 2010 01:48 May 23, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.035 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2858 CONGRESSIONAL RECORD — HOUSE May 22, 2013 on a wide range of threatened species— I would finally suggest that I hope remaining, and the gentleman from from the gray wolf, to the whooping my colleagues will support my amend- Colorado has 11 minutes remaining. crane, to the prairie fringed orchid. ment on extending to 1 year the period Mr. WEBSTER of Florida. I reserve While it found that the project was for filing. Let’s work together and the balance of my time in order to likely to affect the American burying make sure we’ve got something that close. beetle, ABB, it concluded that Key- will create jobs. Mr. POLIS. I would like to inquire of stone XL’s conservation measures Mr. WEBSTER of Florida. I just want the gentleman if he has any remaining ‘‘would likely result in a net increase to say that I know there is a desire to speakers. in protected ABB habitat.’’ So the one have more T’s crossed and I’s dotted. Mr. WEBSTER of Florida. No. animal affected will actually be better There are over 450,000 T’s and I’s in Mr. POLIS. I would like to inform off after the Keystone pipeline. those 15,000 pages. We’ve done enough. the gentleman that I have possibly one It is time to stop this charade. All It’s time to build this pipeline. Key- who, if he comes, I would like to yield reasonable objections to the pipeline stone XL will help lower gas prices and to. Other than that, I am prepared to have been fully addressed. Please pass will help protect against supply disrup- close, and I yield myself such time as I may consume. the legislation. tions by putting downward pressure on Look, it has been talked about as to oil prices by increasing supply to do- b 1320 the impact on gas prices in the Mid- mestic markets. west. There is no TAPS on this pipeline Mr. POLIS. Mr. Speaker, it is my In a memo from the Department of in the Midwest. It goes from Canada to honor to yield 2 minutes to one of our Energy regarding Keystone XL, it as- the Gulf of Mexico to China and every- leaders on energy policy, the gentle- serted that gasoline prices in all mar- where else. There can’t even be TAPS woman from Texas (Ms. JACKSON LEE). kets served by refiners on the east on it in the Midwest because we’re (Ms. JACKSON LEE asked and was coast and gulf would decrease, includ- talking about unprocessed tar sands given permission to revise and extend ing in the Midwest. Yes, it does do crude, which needs to be processed. It’s her remarks.) that. There are four things we said. Ms. JACKSON LEE. Let me thank a drop in the bucket in the global sup- One of them is the major one, which is ply and has no impact on gas prices. the gentleman from Colorado for his that it creates jobs immediately; 42,100 leadership, and I hope that we will con- There are dozens of meaningful poli- were estimated by the Department of cies that we can talk about to reduce tinue this debate with my good friends State in one of their four studies on on the other side of the aisle on this gas prices. Let’s get to it rather than this particular bill. I mean, we could go taking this important decision out of issue. study after study after study with 10 It is just very challenging to have a the context of the administration and different agencies looking over and out of the context of the process that structure of legislation that deems ap- over and over. There are no more stud- proval and does not do what I think all Congress, itself, set up to co-op that ies to be done. It’s time to make the very process for purely political pur- of us want it to do, which is to get decision. When should it be made? Now. moving to provide these jobs and to do poses. I reserve the balance of my time. The Northern Route Approval Act ex- what America is uniquely noted for— 1 Mr. POLIS. Mr. Speaker, I yield 1 ⁄2 empts TransCanada from multiple loss, that we cross the T’s and dot the I’s, minutes to the gentleman from Min- including treaty acts that we’ve that we make sure that the environ- nesota (Mr. NOLAN). passed, the Clean Water Act, and many mental concerns are answered. I rise on Mr. NOLAN. Mr. Speaker and Mem- others that my colleague Mr. NOLAN this rule to make several points. bers of the House, I rise in opposition pointed out that American companies Mr. RUSH and I offered an amend- to the rule and the underlying bill. I la- are subjected to. Yes, it’s giving for- ment to strike section 4. In this bill, it ment that fact because I’m one of those eign companies preferential treatment does not allow for judicial review. It al- who supports the Keystone pipeline for over American companies. lows for people in Kentucky or in Ari- the many reasons that have been stat- Even though we don’t know the cost zona or in Texas to come to the Dis- ed here. of potential Keystone tar sands spills, trict of Columbia to file their cases in I know people have concerns about we do know that American taxpayers the Court of Appeals. As a member of oil sands, tar sands or oil production will likely be stuck paying the bill for the Judiciary Committee, I raised con- processes, but that’s a Canadian deci- cleaning up and for the economic costs cerns about that. My bill struck the sion. The fact is that these oils are of these spills. Tar sands developers are provision that eliminated judicial re- going to be moved by tens of thousands exempt from paying into the Oil Spill view so that some burdened individual of railroad cars or trucks through the Liability Trust Fund. Let me repeat citizen couldn’t just go into his Federal States or through a pipeline to the that. Tar sands developers are exempt district court. west. Pipelines are a proven environ- from paying into the Oil Spill Liability I had another amendment that is mentally safe and sound way to move Trust Fund. That’s a fund that nor- very near and dear to me that wants to oil around North America and the mally collects an 8-cent per barrel ex- give new life to the jobs and businesses country. cise tax on domestically produced in the energy industry, which is to cre- I am in opposition to the bill be- crude oil to pay for spill prevention ate a report to ensure that women, cause, in committee, it became appar- and mitigation efforts. small businesses, minority-owned busi- ent that the bill relieves a foreign cor- So they are exempt. They’re not pay- nesses get their fair shake and that we poration from all of the same obliga- ing in. Like any oil that’s pulled out of have an overall commitment to hiring tions that domestic corporations are the ground in Texas or across our coun- the new young graduates who are com- expected to honor. They are exempted try, they’re paying in because we know ing out, many of them from the diverse from having to comply with the EPA, that oil spills happen; we know they community, which we see the energy with the Army Corps permits for con- have real economic and health costs; industry is still seeking to outreach be- struction and maintenance. They are we know they affect agriculture and cause there is a great need for in- relieved of the responsibility to pay water—but oh, no, this project is ex- creased diversity in many of these taxes on the oil flowing through those empt. Since tar sands are not consid- fields. Amendment No. 2 would have pipelines. They are relieved of respon- ered conventional oil, TransCanada is added a nonseverability clause so that, sibility for cleanup in the event of ac- not required to pay into the trust fund if anything were found to be unconsti- cidents. That is a prescription for noth- for the oil it transports, while the data tutional, we would go back to the ing but trouble and disaster. indicates that the tar sands crude can drawing board for this entire bill. Mr. Speaker, those are the reasons actually have a worse economic and en- Again, to have a major initiative be that I speak in opposition to this rule vironmental impact when spilled than deemed approved, the Secretary of and to this bill. conventional oil. We can’t subject State authority deemed approved, the Mr. WEBSTER of Florida. Mr. Speak- more communities like Mayflower to Presidential authority deemed ap- er, how much time do I have left? oil spills and then burden the U.S. tax- proved, this is something that, my col- The SPEAKER pro tempore. The gen- payers at a time of record deficits with leagues, we should work together on. tleman from Florida has 91⁄2 minutes paying for the cleanup.

VerDate Mar 15 2010 01:48 May 23, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.036 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2859 Approving the Keystone XL pipeline We’re not circumventing any process. Another amendment I offered, Jackson Lee through this bill would simply benefit Because this crosses a national bound- Amendment #3, would have required the Sec- foreign oil companies at the expense of ary, there’s only one thing left to do: retary of Transportation to submit within 90 the health and safety of the American we need the President to okay it. days of enactment a report to Congress identi- people. There is a process in place to Every study that could be done—this fying the procedures and policies adopted to protect the health and safety of the started in 2008 and continued in 2009, ensure that women and minority business en- American people, the economic welfare 2010, 2011 and 2012, and now here we are terprises are afforded the opportunity to par- of the American people, jobs. This bill in 2013. It’s out of opportunities to be ticipate on an equitable basis in the construc- circumvents that process that Congress studied. It’s time. tion and operation of the Keystone equitable set up. If we want to change the proc- This rule provides for ample and open basis in the construction and operation of the ess, let’s have a debate about the proc- debate and makes in order proposals Keystone Pipeline. Had this amendment been ess for approval and the statutory from both sides of the aisle. made in order and adopted Congress would framework and work with the adminis- As I stated before, this bill represents have been provided with helpful information tration to come up with a better way so much more than the approval of an needed to conduct appropriate oversight. to do it. Let’s not go around our own 875-mile long pipeline. It represents Another amendment I offered, Jackson Lee process just because we may or may 42,100 jobs, greater energy independ- Amendment #2 Amendment, would have not like what we may or may not think ence, and will benefit our Nation for added a non-severability clause to the bill, is the outcome. generations to come. which states that: ‘‘if any provision or applica- I urge the majority to stop wasting The Keystone XL pipeline will allow tion of the legislation is held to be invalid, the the American people’s time with bills 830,000 barrels of oil to flow each day to entire act shall be rendered void.’’ that are going nowhere and to turn to- domestic refineries that employ hard- This non-severability clause simply would wards addressing so many challenges working Americans. This number rep- have made explicit that the component parts we can agree on—reducing the deficit, resents half of our current daily crude of this bill all fit together, in pari materia, so to improving the economy, improving the oil imports from the Middle East. This speak, such that removing any one part would efficiency of the delivery of health will not only diversify our energy defeat the intended purpose of the bill. care. Let’s talk about reducing gas sources, but it will reduce our depend- My amendment would make very clear the prices, the bipartisan bill that I’ve in- ence on foreign oil from countries that Congressional intent that this bill is so deli- troduced with Mr. GOSAR and Mr. HECK in many ways do not share or respect cately crafted, that it is ‘‘all or nothing.’’ and others. our freedom and democracy. Each of these provisions would be rendered b 1330 As we speak, the southern gulf coast meaningless if any of the remaining parts is segment of the Keystone XL pipeline is Mr. Speaker, if we defeat the pre- invalidated. being constructed. It didn’t require vious question, I’ll offer an amendment This has been a long standing principle of Presidential approval for one reason: it to the rule to bring up H.R. 2070, Rep- statutory construction, going back at least to didn’t cross a national border. It was 1936, when the Supreme Court stated in Car- resentative TIM BISHOP’s bill to protect studied by the requisite State and Fed- consumers from price gouging at the ter. v. Carter Coal Co., 298 U.S. 238, 312 eral environmental agencies, it was ap- pump. (1936): Mr. Speaker, I ask unanimous con- proved, and now it’s approximately 50 ‘‘[T]he presumption is that the Legislature sent to insert the text of the amend- percent complete. intends an act to be effective as an en- Four years and 15,000 pages represent tirety—that is to say, the rule is against the ment into the RECORD along with the mutilation of a statute; and if any provision extraneous material immediately prior more than enough time and paper to study this pipeline. Any more paper be unconstitutional, the presumption is that to the vote on the previous question. the remaining provisions fall with it. The SPEAKER pro tempore. Is there and we’ll need an environmental im- This presumption becomes conclusive when objection to the request of the gen- pact statement to study the effects of Congress makes its intention clear, see Carter tleman from Colorado? the environmental impact statement. There was no objection. Our Nation is crying out for job cre- v. Carter Coal Co., 298 U.S. at 312, by includ- Mr. POLIS. Mr. Speaker, I urge my ation, energy independence, and lower ing a non-severability clause in the statute. colleagues to vote ‘‘no’’ and defeat the gas prices. Today, we have the oppor- My amendment would have done just that. previous question, and I urge a ‘‘no’’ tunity to answer that call and to re- For these reasons, I am opposed to the rule vote on the rule and the underlying move the few remaining barriers that and cannot support it. bill. stand between Americans and the relief We can do better to create jobs, build the This rule doesn’t even allow for 10 they desperately need. pipeline, and protect the environment. I will minutes of debate or 5 minutes of de- I ask my colleagues to join me in consider how to move forward. bate or 1 minute of debate on the very voting in favor of this rule and passage Mr. Speaker, I have an amendment at the commonsense amendments that have of the underlying bill. desk. It is Jackson Lee Amendment No. 1. been brought forward by my colleagues Ms. JACKSON LEE. Mr. Speaker, I thank I thank the Members of the Rules Com- like Mr. PETERS of Michigan and Mr. the gentleman for yielding. I thank Chairman mittee for making the amendment in order. TONKO of New York. SESSIONS and the Members of the Rules Com- My amendment is simple and straight- Don’t we have 1 minute to debate mittee for making in order my amendment that forward. It extends the time period for filing a these important amendments? What extends the time period for filing a claim aris- claim arising under the Act from 60 days to 1 are we doing that’s so important? We ing under the Act from 60 days to 1 year. year after the date of the decision or action didn’t even go into session until noon Mr. Speaker, the Keystone XL Pipeline giving rise to the claim. today. Why didn’t we go into session at project raises several issues important to This amendment is especially needed be- 11:59 a.m. and have 1 minute for debate every Member of this House: cause H.R. 3, the underlying bill, vests exclu- on these amendments? What are we Energy production and independence. sive jurisdiction over any and all claims arising doing here, Mr. Speaker? We have the Environmental protection and preservation. under the Act in a single court—the U.S. Cir- time to get it right. Let’s do it. Job creation. cuit Court of Appeals for the District of Colum- I urge a ‘‘no’’ vote on the rule and Separation of powers and checks and bal- bia. the underlying bill, and I yield back ances. Think about that. The Keystone Pipeline is the balance of my time. Given the importance of these issues, I be- proposed to run from Alberta, Canada through Mr. WEBSTER of Florida. Mr. Speak- lieve the House would have benefitted from a the great States of North Dakota, South Da- er, I yield myself such time as I may rule that provided for even more extensive and kota, Nebraska, Kansas, Oklahoma, and my consume. wide-ranging debate and that made more State of Texas all the way to the Gulf of Mex- First of all, the amendments that amendments in order. ico. were talked about are amendments For example, an amendment I offered jointly And the only court in the country authorized that would add to a process that we with Congressman RUSH, Jackson Lee to hear the claims of any resident of any of have said is very sacred. We don’t want Amendment #4, would have struck Section 4 these States who seeks justice for a legally to change the process. We don’t want of the bill and restored the right to full judicial cognizable injury is located more than 1,000 to circumvent it. review to aggrieved parties. miles away from their homes.

VerDate Mar 15 2010 02:52 May 23, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\K22MY7.038 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2860 CONGRESSIONAL RECORD — HOUSE May 22, 2013 This will impose undue hardship and finan- scribes the vote on the previous question on time for any electronic vote on the cial burdens on ordinary Americans seeking the rule as ‘‘a motion to direct or control the question of adoption of the resolution. justice. Instead, the bill requires them to find consideration of the subject before the House The vote was taken by electronic de- being made by the Member in charge.’’ To and retain a high-priced D.C. lawyer that they defeat the previous question is to give the vice, and there were—yeas 223, nays don’t know and may have never met to rep- opposition a chance to decide the subject be- 194, not voting 16, as follows: resent their interests in a court in a far away fore the House. Cannon cites the Speaker’s [Roll No. 167] land. ruling of January 13, 1920, to the effect that YEAS—223 ‘‘the refusal of the House to sustain the de- Another reason for extending the time pe- Aderholt Gowdy Pearce riod in which to file a claim from 60 days to 1 mand for the previous question passes the Alexander Granger Perry year is because by lodging jurisdiction in the control of the resolution to the opposition’’ Amash Graves (GA) Petri D.C. Court of Appeals, the burden of proof in order to offer an amendment. On March Amodei Graves (MO) Pittenger 15, 1909, a member of the majority party of- Bachmann Griffin (AR) Pitts and persuasion is shifted from the govern- fered a rule resolution. The House defeated Bachus Griffith (VA) Poe (TX) mental and corporate actors involved to the the previous question and a member of the Barletta Grimm Pompeo homeowners, small businesses, and individ- opposition rose to a parliamentary inquiry, Barr Guthrie Posey Barton Hall uals bringing the legal action. asking who was entitled to recognition. Price (GA) Benishek Hanna Radel This is because the burden that must be Speaker Joseph G. Cannon (R–Illinois) said: Bentivolio Harper Reed shouldered by a plaintiff is very steep. To ‘‘The previous question having been refused, Bilirakis Harris Reichert challenge factual and evidentiary determina- the gentleman from New York, Mr. Fitz- Bishop (UT) Hartzler Renacci Black Hastings (WA) tions made in an Environmental Impact State- gerald, who had asked the gentleman to Ribble yield to him for an amendment, is entitled to Blackburn Heck (NV) Rice (SC) ment, for example, a plaintiff must dem- the first recognition.’’ Bonner Hensarling Rigell onstrate that they are ‘‘not supported by sub- The Republican majority may say ‘‘the Boustany Holding Roby Brady (TX) Hudson Roe (TN) stantial evidence in the record considered as vote on the previous question is simply a Bridenstine Huelskamp vote on whether to proceed to an immediate Rogers (AL) a whole.’’ Brooks (AL) Huizenga (MI) Rogers (KY) To meet that standard, plaintiffs will have to vote on adopting the resolution . . . [and] Brooks (IN) Hultgren Rogers (MI) retain experts, locate and prepare witnesses, has no substantive legislative or policy im- Broun (GA) Hunter Rohrabacher plications whatsoever.’’ But that is not what Buchanan Hurt Rokita and gather and review documentary materials. Bucshon Issa That takes time. And that is why my amend- they have always said. Listen to the Repub- Rooney lican Leadership Manual on the Legislative Burgess Jenkins Roskam Calvert Johnson (OH) ment is necessary. Process in the United States House of Rep- Ross The material previously referred to Camp Johnson, Sam Rothfus resentatives, (6th edition, page 135). Here’s Campbell Jones by Mr. POLIS is as follows: how the Republicans describe the previous Royce Cantor Jordan Runyan AN AMENDMENT TO H. RES. 228 OFFERED BY question vote in their own manual: ‘‘Al- Capito Joyce Ryan (WI) Carter Kelly (PA) MR. POLIS OF COLORADO though it is generally not possible to amend Salmon Cassidy King (IA) the rule because the majority Member con- Sanford At the end of the resolution, add the fol- Chabot King (NY) trolling the time will not yield for the pur- Scalise lowing new sections: Chaffetz Kingston Schock Sec. 2. Immediately upon adoption of this pose of offering an amendment, the same re- Coble Kinzinger (IL) Schweikert sult may be achieved by voting down the pre- Coffman Kline resolution the Speaker shall, pursuant to Scott, Austin vious question on the rule.... When the Collins (GA) Labrador clause 2(b) of rule XVIII, declare the House Sensenbrenner motion for the previous question is defeated, Collins (NY) LaMalfa resolved into the Committee of the Whole Sessions Conaway Lamborn House on the state of the Union for consider- control of the time passes to the Member Shimkus Cook Lance who led the opposition to ordering the pre- Shuster ation of the bill (H.R. 2070) to protect con- Cotton Lankford vious question. That Member, because he Simpson sumers from price-gouging of gasoline and Cramer Latham other fuels, and for other purposes. The first then controls the time, may offer an amend- Crawford Latta Smith (NE) reading of the bill shall be dispensed with. ment to the rule, or yield for the purpose of Crenshaw LoBiondo Smith (NJ) amendment.’’ Culberson Long Smith (TX) All points of order against consideration of Southerland the bill are waived. General debate shall be In Deschler’s Procedure in the U.S. House Daines Lucas of Representatives, the subchapter titled Davis, Rodney Luetkemeyer Stewart confined to the bill and shall not exceed one Stivers ‘‘Amending Special Rules’’ states: ‘‘a refusal Denham Lummis hour equally divided and controlled by the Dent Marchant Stockman chair and ranking minority member of the to order the previous question on such a rule Stutzman [a special rule reported from the Committee DeSantis Marino Committee on Energy and Commerce. After DesJarlais Massie Terry general debate the bill shall be considered on Rules] opens the resolution to amend- Duffy Matheson Thompson (PA) for amendment under the five-minute rule. ment and further debate.’’ (Chapter 21, sec- Duncan (SC) McCarthy (CA) Thornberry tion 21.2) Section 21.3 continues: ‘‘Upon re- Duncan (TN) McCaul Tiberi All points of order against provisions in the Tipton bill are waived. At the conclusion of consid- jection of the motion for the previous ques- Ellmers McClintock tion on a resolution reported from the Com- Farenthold McHenry Turner eration of the bill for amendment the Com- Fincher McKeon Upton mittee shall rise and report the bill to the mittee on Rules, control shifts to the Mem- Valadao ber leading the opposition to the previous Fitzpatrick McKinley House with such amendments as may have Fleischmann McMorris Wagner been adopted. The previous question shall be question, who may offer a proper amendment Fleming Rodgers Walberg considered as ordered on the bill and amend- or motion and who controls the time for de- Flores Meadows Walden ments thereto to final passage without inter- bate thereon.’’ Forbes Meehan Walorski Clearly, the vote on the previous question Weber (TX) vening motion except one motion to recom- Fortenberry Messer on a rule does have substantive policy impli- Foxx Mica Webster (FL) mit with or without instructions. If the cations. It is one of the only available tools Franks (AZ) Miller (FL) Wenstrup Committee of the Whole rises and reports for those who oppose the Republican major- Frelinghuysen Miller (MI) Westmoreland that it has come to no resolution on the bill, Whitfield ity’s agenda and allows those with alter- Gardner Mullin then on the next legislative day the House Garrett Mulvaney Williams native views the opportunity to offer an al- shall, immediately after the third daily Gerlach Murphy (PA) Wilson (SC) ternative plan. order of business under clause 1 of rule XIV, Gibbs Neugebauer Wittman resolve into the Committee of the Whole for Mr. WEBSTER of Florida. With that, Gibson Noem Wolf Gingrey (GA) Nunes Womack further consideration of the bill. I yield back the balance of my time, Gohmert Olson Yoder Sec. 3. Clause 1(c) of rule XIX shall not and I move the previous question on Goodlatte Palazzo Yoho apply to the consideration of H.R. 2070. the resolution. Gosar Paulsen Young (IN) The SPEAKER pro tempore. The NAYS—194 THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous IT REALLY MEANS Andrews Braley (IA) Castro (TX) question. Barber Brown (FL) Chu This vote, the vote on whether to order the The question was taken; and the Barrow (GA) Brownley (CA) Cicilline previous question on a special rule, is not Speaker pro tempore announced that Bass Bustos Clarke merely a procedural vote. A vote against or- the ayes appeared to have it. Beatty Butterfield Clay dering the previous question is a vote Becerra Capps Cleaver against the Republican majority agenda and Mr. POLIS. Mr. Speaker, on that I Bera (CA) Capuano Cohen a vote to allow the Democratic minority to demand the yeas and nays. Bishop (GA) Ca´ rdenas Connolly offer an alternative plan. It is a vote about The yeas and nays were ordered. Bishop (NY) Carney Conyers The SPEAKER pro tempore. Pursu- Blumenauer Carson (IN) Cooper what the House should be debating. Bonamici Cartwright Costa Mr. Clarence Cannon’s Precedents of the ant to clause 9 of rule XX, the Chair Brady (PA) Castor (FL) Courtney House of Representatives (VI, 308–311), de- will reduce to 5 minutes the minimum

VerDate Mar 15 2010 02:52 May 23, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.019 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2861 Crowley Kilmer Pocan back together after this strike by an The SPEAKER pro tempore. Without Cuellar Kind Polis F–5 tornado. objection, 5-minute voting will con- Cummings Kirkpatrick Price (NC) Davis (CA) Kuster Quigley Moore is particularly important to tinue. Davis, Danny Langevin Rahall our colleague, Congressman COLE, be- There was no objection. DeFazio Larsen (WA) Rangel cause not only does he represent the DeGette Larson (CT) The SPEAKER pro tempore. The Richmond community, but he was raised there, Delaney Lee (CA) Roybal-Allard question is on the resolution. DeLauro Levin two generations of his family buried in Ruiz The question was taken; and the DelBene Lewis Ruppersberger the cemetery there. So it’s a commu- Deutch Lipinski Rush nity that’s important to him in many, Speaker announced that the ayes ap- Dingell Loebsack Ryan (OH) peared to have it. Doggett Lofgren many ways. Sa´ nchez, Linda Doyle Lowenthal That said, the good folks in Moore T. RECORDED VOTE Duckworth Lowey Sanchez, Loretta and the other communities will, over Edwards Lujan Grisham Mr. POLIS. Mr. Speaker, I demand a Schakowsky the coming days, pull themselves back Ellison (NM) recorded vote. Engel Luja´ n, Ben Ray Schiff together. They’ll finish sifting through Enyart (NM) Schneider every pile of rubble; they’ll have made A recorded vote was ordered. Schrader Eshoo Lynch a determination that there’s no one The SPEAKER pro tempore. This is a Esty Maffei Schwartz Farr Maloney, Scott (VA) left to be saved, as they work fran- 5-minute vote. Fattah Carolyn Scott, David tically to try to do that; and they’ll The vote was taken by electronic de- Foster Maloney, Sean Serrano begin the process of laying to rest Frankel (FL) Matsui Sewell (AL) vice, and there were—ayes 228, noes 185, Fudge McCarthy (NY) Shea-Porter those who were lost and put their en- not voting 20, as follows: Gabbard McCollum tire community back together. Sherman [Roll No. 168] Gallego McDermott Sinema While many folks are well aware of Garamendi McGovern Sires the importance of FEMA and the Fed- AYES—228 Grayson McIntyre Slaughter eral response, Moore is a classic exam- Aderholt Gerlach Miller (FL) Green, Al McNerney Smith (WA) Alexander Gibbs Miller (MI) Green, Gene Meeks Speier ple—and this could be any community Grijalva Meng in the United States—of where, in the Amash Gibson Mullin Swalwell (CA) Amodei Gingrey (GA) Mulvaney Gutierrez Michaud Takano greatest tragedy, the most tragic loss Hahn Miller, George Bachmann Gohmert Murphy (FL) Thompson (CA) of life, city government, county gov- Bachus Goodlatte Murphy (PA) Hanabusa Moore Thompson (MS) Heck (WA) Moran Barber Gosar Neugebauer Tierney ernment, and State government come Higgins Murphy (FL) Barletta Gowdy Noem Tonko together to work seamlessly to help Himes Nadler Barr Granger Nunes Tsongas Hinojosa Napolitano those in need and to recover those be- Barton Graves (GA) Nunnelee Holt Neal Van Hollen yond help. Benishek Graves (MO) Olson Honda Negrete McLeod Vargas We in the Oklahoma delegation and Bentivolio Green, Gene Owens Veasey Bilirakis Griffin (AR) Palazzo Horsford Nolan our friends in the Texas delegation ap- Hoyer O’Rourke Vela Bishop (UT) Griffith (VA) Paulsen Huffman Owens Vela´ zquez preciate everything that you have and Black Grimm Pearce Israel Pallone Visclosky you will help do in this effort. Blackburn Guthrie Perry Jackson Lee Pascrell Walz Mr. Speaker, with that, I yield to the Bonner Hall Peters (CA) Jeffries Pastor (AZ) Wasserman Boustany Hanna Peterson Johnson (GA) Payne Schultz gentleman who represents part of that Brady (TX) Harper Petri Johnson, E. B. Pelosi Waters area and just to the north, Oklahoma Bridenstine Harris Pittenger Kaptur Perlmutter Watt City, the great Fifth District of Okla- Brooks (AL) Hartzler Pitts Brooks (IN) Hastings (WA) Pompeo Keating Peters (CA) Waxman homa, Congressman LANKFORD. Kelly (IL) Peters (MI) Welch Broun (GA) Heck (NV) Posey Kennedy Peterson Wilson (FL) Mr. LANKFORD. In the past week, Buchanan Hensarling Price (GA) Kildee Pingree (ME) Yarmuth Texas and Oklahoma have experienced Bucshon Holding Radel a storm. We lost 6 in Lake Granbury, Burgess Hudson Reed NOT VOTING—16 Calvert Huelskamp Reichert Texas; 2 in Shawnee, Oklahoma, on Clyburn Markey Titus Camp Huizenga (MI) Renacci Cole Miller, Gary Woodall Sunday; and 24 in Moore, Oklahoma, Campbell Hultgren Ribble Cantor Hunter Rice (SC) Diaz-Balart Nugent Young (AK) including 10 children and 14 adults. We Capito Hurt Rigell Garcia Nunnelee Young (FL) have been overwhelmed with the num- Hastings (FL) Ros-Lehtinen Carter Jenkins Roby Herrera Beutler Sarbanes ber of people that have come to us to Cassidy Johnson (OH) Roe (TN) say, ‘‘We’re praying for you.’’ Chabot Johnson, Sam Rogers (AL) b 1400 I would like to make a request that Chaffetz Jordan Rogers (KY) Coble Joyce Rogers (MI) Mr. MCNERNEY and Ms. JACKSON this body take a moment to pause and Coffman Kelly (PA) Rohrabacher LEE changed their vote from ‘‘yea’’ to pray and experience a moment of si- Collins (GA) King (IA) Rooney ‘‘nay.’’ lence in honor of those that have been Collins (NY) King (NY) Roskam Conaway Kingston Ross So the previous question was ordered. lost and the recovery efforts ahead. Cook Kinzinger (IL) Rothfus The result of the vote was announced The SPEAKER pro tempore (Mr. Cotton Kline Royce as above recorded. WOMACK). Members will rise and the Cramer Labrador Runyan (By unanimous consent, Mr. LUCAS House will observe a moment of si- Crawford LaMalfa Ryan (WI) Crenshaw Lamborn Salmon was allowed to speak out of order.) lence. Culberson Lance Sanford MOMENT OF SILENCE IN REMEMBRANCE OF (By unanimous consent, Ms. EDDIE Daines Lankford Scalise VICTIMS OF RECENT TORNADOS BERNICE JOHNSON of Texas was allowed Davis, Rodney Latham Schock Mr. LUCAS. Mr. Speaker, as you’re to speak out of order.) Denham Latta Schweikert Dent LoBiondo Scott, Austin all well aware, it’s been a tough week EXPRESSING SYMPATHY FOR THE VICTIMS OF DeSantis Long Sensenbrenner in the Southwest. In particular, it’s THE RECENT TORNADOS DesJarlais Lucas Sessions been a tough few days in the Fourth Ms. EDDIE BERNICE JOHNSON of Duckworth Luetkemeyer Shimkus Duffy Marchant Shuster District of Oklahoma. Texas. As the Democratic side of the Duncan (SC) Marino Simpson Today, I rise to first thank you for Texas delegation, I want to join the Duncan (TN) Massie Smith (NE) your prayers and your thoughts and other Republicans that came up with Ellmers Matheson Smith (NJ) your good will, but I note also the tor- the Oklahoma delegation and simply Farenthold McCarthy (CA) Smith (TX) Fincher McCaul Southerland nado that rolled through Congressman say that this is not a partisan issue. We Fitzpatrick McClintock Stewart TOM COLE’s district in Oklahoma, from stand ready to be of assistance to those Fleischmann McHenry Stivers Newcastle through Moore and across people in Oklahoma. Fleming McIntyre Stockman Flores McKeon Stutzman the southern part of Oklahoma City. I represent Dallas. That is closer to Forbes McKinley Terry Congressman COLE is not with us today Oklahoma City than it is to Houston. Fortenberry McMorris Thompson (PA) because he is still in Oklahoma, ad- No matter where tragedies may occur, Foxx Rodgers Thornberry dressing the needs of and working with we stand ready as American people to Franks (AZ) Meadows Tiberi Frelinghuysen Meehan Tipton his fellow citizens and community stand by those people who have been Gardner Messer Turner members as they try to put themselves affected, notwithstanding party. Garrett Mica Upton

VerDate Mar 15 2010 02:52 May 23, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.010 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2862 CONGRESSIONAL RECORD — HOUSE May 22, 2013 Valadao Wenstrup Womack tend their remarks and include extra- struction of the northern route of the Wagner Westmoreland Woodall neous materials on H.R. 3. pipeline to move forward. Walberg Whitfield Yoder Walden Williams Yoho The SPEAKER pro tempore (Mr. This bill also ensures that the envi- Walorski Wilson (SC) Young (IN) JOYCE). Is there objection to the re- ronment and its historic resources are Weber (TX) Wittman quest of the gentleman from Cali- Webster (FL) Wolf protected, through the 5 years of stud- fornia? ies that have already been completed NOES—185 There was no objection. on this project. Indeed, this has been Andrews Grijalva Pallone The SPEAKER pro tempore. Pursu- the most studied project in our coun- Barrow (GA) Gutierrez Pascrell ant to House Resolution 228 and rule try’s history. Bass Hahn Pastor (AZ) XVIII, the Chair declares the House in Beatty Hanabusa Payne It also ensures that the project’s the Committee of the Whole House on Becerra Heck (WA) Pelosi routing through Nebraska, the primary Bera (CA) Higgins Perlmutter the state of the Union for the consider- objection with the permit when it was Bishop (GA) Himes Peters (MI) ation of the bill, H.R. 3. Bishop (NY) Hinojosa denied in 2012, is the route chosen by Pingree (ME) The Chair appoints the gentleman Blumenauer Holt Pocan the people of that State. Simply put, as Bonamici Honda Polis from Arkansas (Mr. WOMACK) to preside Brady (PA) Horsford President Obama said regarding the Price (NC) over the Committee of the Whole. Braley (IA) Hoyer southern route, this bill ‘‘cuts through Quigley Brown (FL) Huffman Rahall b 1416 the red tape.’’ Brownley (CA) Israel Rangel Bustos Jackson Lee IN THE COMMITTEE OF THE WHOLE The project is the most extensively Butterfield Jeffries Richmond studied and vetted pipeline project in Roybal-Allard Accordingly, the House resolved Capps Johnson (GA) itself into the Committee of the Whole the history of this country. Given the Capuano Johnson, E. B. Ruiz Ca´ rdenas Kaptur Ruppersberger House on the state of the Union for the nearly 5 years of study and review of Carney Keating Rush consideration of the bill (H.R. 3) to ap- the Keystone XL project—with four Carson (IN) Kelly (IL) Ryan (OH) State Department environmental im- ´ prove the construction, operation, and Cartwright Kennedy Sanchez, Linda pact statements and over 15,000 pages Castor (FL) Kildee T. maintenance of the Keystone XL pipe- Castro (TX) Kilmer Sanchez, Loretta line, and for other purposes, with Mr. of publicly released documents—we Chu Kind Schakowsky WOMACK in the chair. know the ins and outs and all about Cicilline Kuster Schiff The Clerk read the title of the bill. this pipeline. Clarke Langevin Schneider Clay Larsen (WA) Schrader The CHAIR. Pursuant to the rule, the I believe in an all-of-the-above en- Cleaver Larson (CT) Schwartz bill is considered read the first time. ergy strategy, and this legislation is Cohen Lee (CA) Scott (VA) General debate shall be confined to one piece of that puzzle to break Amer- Connolly Levin Scott, David the bill and shall not exceed 90 minutes Conyers Lewis Serrano ica’s dependency on overseas foreign Cooper Lipinski Sewell (AL) equally divided among and controlled oil. Costa Loebsack Shea-Porter by the respective chairs and ranking Courtney Lofgren Sherman minority members of the Committees Crowley Lowenthal b 1420 Sinema on Transportation and Infrastructure, Cuellar Lowey Sires Cummings Lujan Grisham Slaughter Energy and Commerce, and Natural Finally, it is important to remember Davis (CA) (NM) Smith (WA) Resources. that this project will be built with pri- ´ Davis, Danny Lujan, Ben Ray Speier The gentleman from California (Mr. vate dollars and create thousands of DeFazio (NM) Swalwell (CA) DeGette Lynch DENHAM), the gentleman from West private sector jobs. This project has Takano Delaney Maffei Thompson (CA) Virginia (Mr. RAHALL), the gentleman passed through all three committees DeLauro Maloney, Thompson (MS) from Michigan (Mr. UPTON), the gen- with bipartisan support, and I urge my DelBene Carolyn Tierney Deutch Maloney, Sean tleman from California (Mr. WAXMAN), colleagues to support this critical leg- Titus Dingell Matsui the gentleman from Washington (Mr. islation. Tonko Doggett McCarthy (NY) HASTINGS), and the gentleman from I reserve the balance of my time. Doyle McCollum Tsongas OLT Edwards McDermott Van Hollen New Jersey (Mr. H ) each will con- HOUSE OF REPRESENTATIVES, Ellison McGovern Vargas trol 15 minutes. COMMITTEE ON THE JUDICIARY, Engel McNerney Veasey The Chair recognizes the gentleman Washington, DC, May 17, 2013. Vela Enyart Meeks ILL HUSTER Vela´ zquez from California (Mr. DENHAM). Hon. B S , Eshoo Meng Chairman, Committee on Transportation and Esty Michaud Visclosky Mr. DENHAM. Mr. Chairman, I yield Fattah Miller, George Walz myself such time as I may consume. Infrastructure, Rayburn House Office Foster Moore Wasserman I thank the chairman for the time to Building, Washington, DC. Frankel (FL) Moran Schultz express my views on H.R. 3, which will DEAR MR. CHAIRMAN SHUSTER, I am writing Fudge Nadler Waters generate numerous benefits to the Na- concerning H.R. 3, the ‘‘Northern Route Ap- Gabbard Napolitano Watt proval Act.’’ Gallego Neal Waxman tion and its economic growth. This Garamendi Negrete McLeod Welch pipeline will create American jobs, en- As you know, H.R. 3 contains a section on Grayson Nolan Wilson (FL) judicial review, which is within the Com- Green, Al O’Rourke Yarmuth hance our energy independence, and mittee on the Judiciary’s Rule X jurisdic- strengthen our national security. NOT VOTING—20 tion. As a result of your having consulted I am proud to say that I’m a cospon- with the Committee and in order to expedite Clyburn Issa Poe (TX) sor of this legislation because it rep- the House’s consideration of H.R. 3, the Com- Cole Jones Rokita mittee on the Judiciary will not assert its Diaz-Balart Kirkpatrick Ros-Lehtinen resents a significant opportunity to jurisdictional claim over this bill by seeking Farr Lummis Sarbanes create jobs and spur economic growth Garcia Markey Young (AK) in our country. Furthermore, this bill a sequential referral. However, this is condi- Hastings (FL) Miller, Gary Young (FL) will help the Nation become more en- tional on our mutual understanding and Herrera Beutler Nugent agreement that doing so will in no way di- ergy independent. b 1413 minish or alter the jurisdiction of the Com- According to the Department of En- mittee on the Judiciary with respect to the So the resolution was agreed to. ergy, the pipeline will transport 830,000 appointment of conferees or to any future ju- The result of the vote was announced barrels per day of oil from Canada to risdictional claim over the subject matters as above recorded. the gulf coast, totaling nearly half of contained in the bill or similar legislation. A motion to reconsider was laid on our current daily imports from the I would appreciate your response to this the table. Middle East. This bill makes these nu- letter confirming this understanding, and would request that you include a copy of this f merous project benefits a reality. What this boils down to is breaking through letter and your response in the CONGRES- NORTHERN ROUTE APPROVAL ACT bureaucratic hurdles and making this SIONAL RECORD during the floor consider- ation of this bill. Thank you in advance for GENERAL LEAVE project a priority. your cooperation. Mr. DENHAM. Mr. Speaker, I ask The southern leg of the Keystone XL Sincerely, unanimous consent that all Members pipeline has already been approved, and BOB GOODLATTE, have 5 legislative days to revise and ex- this bill finishes the job, allowing con- Chairman.

VerDate Mar 15 2010 01:48 May 23, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.012 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2863 HOUSE OF REPRESENTATIVES, born of fancy, not fact. Jobs hang in views already conducted. In fact, it is Washington, DC, May 20, 2013. the balance here, an important supply the most studied pipeline in the his- Hon. BOB GOODLATTE, of energy held hostage. This bill is a tory of America. Chairman, Committee on the Judiciary, Ray- mockery. The bill would require no Presi- burn House Office Building, Washington, dential permit process for the approval DC. It boils down to this: right-wing poli- DEAR MR. CHAIRMAN: Thank you for your tics trumping what is right, what is of the pipeline, and therefore avoids letter regarding H.R. 3, the Northern Route correct, and what is just for this pipe- further political delays of this project. Approval Act. I appreciate your willingness line to proceed through the permitting Of particular interest to taxpayers, to support expediting floor consideration of process—to be built, to put people to this pipeline doesn’t require one Fed- this legislation. work. eral dollar. I acknowledge that by forgoing a sequen- So let’s get serious. Let’s dispense Further, the very nature of infra- tial referral on this legislation, the Com- structure creates jobs, and the Key- mittee on the Judiciary is not diminishing with the kindergarten tactics. Too much is on the line here. While the pro- stone is no exception. In fact, the U.S. or altering its jurisdiction with respect to State Department estimates that Key- the appointment of conferees or to any fu- moters of this bill play politics, I can ture jurisdictional claim over the subject assure them that this is no laughing stone XL will produce 42,000 jobs—jobs matters contained in the bill or similar leg- matter in the heartland of America. that will not be created unless this islation. It is my hope that this bill can be ap- project goes forward. I appreciate your cooperation regarding proved during House consideration The CHAIR. The time of the gen- this legislation and I will include our letters today and that I will be able to support tleman has expired. on H.R. 3 in the CONGRESSIONAL RECORD dur- Mr. DENHAM. I yield the gentleman it by the time we reach final passage. ing floor consideration of this bill. an additional minute. Sincerely, Otherwise, I will vote ‘‘no’’ in recogni- Mr. SHUSTER. This project will have BILL SHUSTER, tion of what this bill is as currently a significant positive economic impact, Chairman. drafted. including an estimated $3.3 billion in Mr. RAHALL. Mr. Chairman, I yield I reserve the balance of my time. direct expenditures for construction myself such time as I may consume. Mr. DENHAM. This is a very serious and materials and $2.1 billion in earn- Last Congress, I voted for every piece matter. Thousands of jobs, American ings. of pro-Keystone pipeline legislation jobs, are on the line. Energy independ- Finally, as noted throughout the that was brought before this body— ence is on the line. When is enough process, the Keystone XL will be the every piece of pro-Keystone pipeline enough? Five years? six years? ten safest pipeline ever constructed. Let legislation. But something has hap- years? When will we utilize North me repeat that: the safest pipeline ever pened along the way between then and American oil in North America? constructed. It should be approved now. That something is called a hijack- Mr. Chairman, I wish to yield 2 min- without further delay. ing of this bill by the right wing. utes to the gentleman from Pennsyl- I urge all of my colleagues to vote for I support the Keystone pipeline vania (Mr. SHUSTER). this pipeline to help secure America’s project. I believe it will be an impor- Mr. SHUSTER. Mr. Chairman, I rise energy independence. tant element in our domestic energy in support of H.R. 3, the Northern Mr. RAHALL. Mr. Chairman, I yield infrastructure. Route Approval Act, which allows con- 2 minutes to the ranking member on Last Congress, I was pleased to sup- struction of the Keystone XL pipeline. our Transportation Freight panel, the port and vote for Keystone legislation I’m happy to say it passed out of full gentleman from New York (Mr. NAD- that was considered and passed by the committee in Transportation and In- LER). House, including H.R. 1938. However, I frastructure on May 16 with a bipar- Mr. NADLER. Mr. Chairman, I rise in am opposed to the pending measure tisan vote of 33 to 24. opposition to the Northern Route Ap- primarily due to section 3 of the bill. My good friend from California is proval Act, which would deem the Key- The bill we are considering today is right: When is enough time enough? stone XL pipeline approved. vastly different from H.R. 1938. That My good friend from West Virginia The National Oceanic and Atmos- was reasonable, responsible legislation. asked: What gives us the right? What pheric Administration just measured H.R. 3 is absolutely not. gives us the right is the Constitution. almost 400 parts per million of atmos- Instead of taking the straightforward The House of Representatives, the pheric carbon dioxide, well beyond the approach that H.R. 1938 did, which set Senate, the legislative body, to pass 350 parts per million many scientists a specific deadline for the President to laws, to move things forward, 5 years is warn is the level we must not cross to grant or deny a permit for the Key- way too long. We need to develop the avoid severe climate impacts. Any ra- stone pipeline, the pending measure energy in America. We need to bring tional person who doesn’t want more completely eliminates the requirement energy from our good friends from Can- Hurricane Sandys or more Oklahoma for a permit. It waives a permit, and it ada. This all adds to the regulatory hurricanes would recognize that we deems a permit application by a for- burden that this administration has must focus on developing renewable en- eign company for a major undertaking put on us. ergy sources and reducing our depend- in the United States to be approved. This pipeline is the lifeline that pow- ence on fossil fuels, and yet this bill As I said, I want to see this pipeline ers nearly all of our daily activities. mandates the approval of a pipeline built, but it will not be built under this The hallmark of America’s 2.5 mil- that will allow Canada to deliver proposal. Waiving permits? Deeming lion-mile pipeline network continues 830,000 barrels per day of tar sands oil permit applications approved? For a to be that it delivers extraordinary vol- to gulf coast refineries. foreign company? We don’t even do umes of product reliably, safely, effi- Tar sands oil is difficult to extract, that for our domestic companies. ciently, and economically. Pipelines and the process is destructive and Everybody in this country under- are the safest and most cost-effective toxic. Producing tar sands oil results stands that you need a permit for cer- means to transport the products that in at least 14 percent more greenhouse tain activities. You need a permit to fuel our economy. In fact, pipelines gas emissions than conventional oil. drive. You need a permit to mine coal. provide more than two-thirds of the en- For those concerned about climate You need a permit to build a highway. ergy used in the United States. The change, the Keystone pipeline is a non- You need a permit to construct a shop- Keystone XL project will be a critical starter. We cannot allow such a gigan- ping mall. You even need a permit, a li- addition to this extensive network, in- tic and irreversible step backward in cense, to get married. creasing our Nation’s supply of oil, and the fight against global warming. So what right do the promoters of thus helping to reduce the cost of fuel H.R. 3 goes well beyond the merits of this bill have to jeopardize this pipe- used in the transportation sector. the pipeline itself. This bill sets a dan- line with such a frivolous proposal? H.R. 3 is a commonsense bill that al- gerous precedent, undercutting our en- That is exactly what we’re doing with lows construction, maintenance, and vironmental laws and short-circuiting this legislation. operation of the Keystone XL pipeline the review process. It deems the pipe- Make no mistake about it, this is a to move forward. The pipeline has been line approved by Congressional man- bumper sticker bill, ideology driven, subject to extensive environmental re- date. It locks in the administrative

VerDate Mar 15 2010 01:48 May 23, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.014 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2864 CONGRESSIONAL RECORD — HOUSE May 22, 2013 record as of a date certain, eliminates project from the beginning. The prob- terday, it would create 20,000 direct the requirement for a Presidential per- lem is, today, this bill has nothing to jobs and about 100,000 indirect jobs. mit normally required for cross-border do with that. It has to do with politics. The State Department estimated 42,100 pipelines, and it mandates the issuance Today is an example of why this body direct jobs, and these are American of permits, not just for construction of is less popular than hepatitis amongst jobs. We have millions of people—too the pipeline, but for operation and the American public. It’s not only not many millions—who are unemployed, maintenance as well, or, in other going to do anything; it’s going to set Mr. Chairman, and many millions more words, in perpetuity. It deems all the us back. who are underemployed, who are hav- environmental and safety laws satis- Many of us want this project done, ing to work at jobs far below their fied regardless of the facts. but I have to tell you that the worst skills, talents, and abilities. This will It also manages to undermine a citi- thing we can do is build this and have create good American jobs. There zen’s fair access to judicial review. The a problem with it. We hear about the would be 830,000 barrels of oil a day bill appears to grant the right of judi- number of pages of regulations that are being piped down. By itself, maybe it cial review by giving the D.C. Circuit there. Maybe we needed a couple more wouldn’t bring down gas prices, but it jurisdiction to hear any challenge to with BP, and we wouldn’t have been certainly would keep OPEC and some the adequacy of the environmental im- cleaning up after that mess. You don’t of these other foreign energy producers pact statement. But the bill also states have to choose between building it and from raising their prices as fast as they that the EIS ‘‘shall be considered to compromising safety. You do it right if surely would like to and have done in satisfy all requirements’’ of the Na- we’re going to do it. Unfortunately, the past. tional Environmental Policy Act. So, that’s not what we’re doing. You deem I can tell you that, if we don’t pass the court is told, you have jurisdiction, it, and you give away those rights. this bill and similar bills to increase but here is what you are going to find; It’s personal for me. I grew up in the energy production in this country, all never mind your own judgment. Nebraska Sandhills. It was the good we’re going to be doing is helping The bill also states as a matter of people of Nebraska and the Republican OPEC and other foreign energy pro- law that section 404 of the Clean Water Governor who told us to step back, to ducers. It’s time we start putting our Act, section 10 of the Rivers and Har- slow down, and to pick a different own people, our own workers first, bors Act, the Mineral Leasing Act, the route—and finished it in January of start putting our own country first Federal Land Policy and Management this year. So when you hear about all again; and we need to pass this bill to Act of 1976, the Migratory Bird Treaty of the process, process gets it right. I help in that process. Act, and the Endangered Species Act have to tell you—and I do agree with Mr. RAHALL. Mr. Chairman, may I my colleague on this—that there are are all satisfied. So the fix is in before have a time check. jobs to be created here. We send $1 bil- The CHAIR. The gentleman from you ever get to court. I’m not sure lion a day for oil to countries that hate West Virginia has 8 minutes remaining. what would be left for a court to re- us. They’ll hate us for free. Keep it The gentleman from California has 71⁄4 view. here. We don’t have to do this. There minutes remaining. b 1430 have also been delays in this project. Mr. RAHALL. I yield 11⁄2 minutes to Mr. DENHAM. Mr. Chairman, I wish This bill is a bridge way too far. the gentlelady from New York (Mrs. to yield 1 minute to the gentleman Be honest with the people—this is MALONEY). Mrs. CAROLYN B. MALONEY of New from Illinois (Mr. RODNEY DAVIS). not by building it is going to lower gas York. I thank the gentleman for yield- Mr. RODNEY DAVIS of Illinois. prices. It’s not the long-term solution ing and for his leadership on this and Thank you to the gentleman from Cali- to our energy needs. There is no guar- antee we’ll even get the oil in this in so many other areas. fornia for yielding. I rise in opposition to H.R. 3. It is a Many of my colleagues are correct. country. But we can come together, very bad deal. It’s bad for our environ- We do need a permitting process, but build a piece of it, and expand our port- folio. ment, our energy policy, American this bill is what needs to happen when workers, and a bad deal for America in the permit process breaks down. Key- We shouldn’t be muddying it up with wedge issues. The last time we had this general. stone is going to create the tens of In the way this bill is written, a for- thousands of jobs that many of us in vote, I voted with it all these times; but one time the political arm of my eign company pumping a very dirty this Chamber go back to our home dis- friends sent a notice out to my home- form of oil all the way across this tricts and talk about being created; but town newspapers asking why TIM WALZ country would not have to pay a dime a piece of paper, with the lack of signa- wants to raise your gas prices and isn’t into our oil spill liability trust fund ture, is holding this up. Just this past with America. They forgot and got it the way that American companies have week, our President stood and said he wrong. I voted with them. That press to do. Under this bill, the highly pol- wanted to make sure that we shortened release today is already written, and luting tar sands that the pipeline car- the time that permits like this take, they’re sending it back. It’s not going ries would produce over 40 percent that we shorten the process so that to do anything except to hurt the more carbon pollution than conven- America can begin to put our trades American people’s faith in our democ- tional oil and would increase America’s and labor folks back to work again. racy. You’re not going to get cheaper dependence on one of the single dirtiest This, Mr. President, is your time in gas prices. You’re not going to have petroleum products there is just as the history in which you can sign this per- this thing built overnight; you risk predictions of climate change catas- mit, create tens of thousands of jobs, danger. trophes grow more dire each and every and really prove to us that you’re seri- The American people aren’t stupid. day, and that is just not right for ous about reining in this regulatory Don’t treat them that way. America’s future. process. The CHAIR. The time of the gen- H.R. 3 leaves Americans with all of Mr. RAHALL. Mr. Chairman, I yield tleman has expired. the risk of spills, environmental dam- 2 minutes to a valued member of our Members are reminded to heed the age, and air and water pollution, but committee, the gentleman from Min- gavel. none of the lasting rewards. It’s a bad nesota (Mr. WALZ). Mr. DENHAM. Mr. Chairman, I wish idea and it’s bad policy, and I urge my Mr. WALZ. I thank the ranking to yield 2 minutes to the gentleman colleagues to vote against it. member for the time. I also thank him from South Carolina (Mr. DUNCAN). Mr. DENHAM. There is a lot of con- for his longtime commitment to Amer- Mr. DUNCAN of South Carolina. I fusion out there, obviously, on this ican energy independence. thank Chairman DENHAM for yielding very important issue. I, too, share that. I have been the me this time, and I want to commend Some would say, Canada oil? We cur- supporter of a bipartisan energy bill Chairman SHUSTER and the gentleman rently bring 590,000 barrels per day that brought environmental groups and from Nebraska (Mr. TERRY) for bring- from Canada through the current Key- The Heritage Foundation together and ing this bill to the floor at this time. stone pipeline. Keystone XL just gives said maybe we can find some solutions This is a very important bill. As us an opportunity to have another to this. I have been a supporter of this Speaker BOEHNER said on the floor yes- 830,000 barrels.

VerDate Mar 15 2010 01:48 May 23, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.047 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2865 Some would say, Why are you going fronts. We’ve got to get the govern- importing it from other countries like to do this as this has never been done ment off the backs of our job creators. Venezuela. I would rather import it before? But my colleague has already When I hear that this project has from Canada, our closest neighbor. voted for a piece of legislation like this been studied for more than 1,700 days— Mr. DENHAM. Mr. Chairman, I yield dealing with the Alaskan pipeline in 5 years, that it would create more than 2 minutes to the gentleman from Okla- which they expedited the NEPA proc- 40,000 jobs at a time when jobs are so homa (Mr. MULLIN). ess, and it was affirmed by a voice vote desperately needed, and that it would Mr. MULLIN. I rise today as I think of the entire House. When the project drive down the cost of energy and cut of this as a great opportunity for Okla- is right to get it done, it’s right. These our oil imports from OPEC in half, and homa and the rest of the States. are American jobs that we need. that the State Department has re- In Oklahoma, we know the value of Mr. Chairman, I wish to yield 11⁄2 viewed it and found that it exhibits no hard work, dedication to one another minutes to the gentleman from Florida significant environmental hazards, and and making commonsense decisions (Mr. RADEL). yet the administration still refuses to when we’re given the opportunity. Mr. RADEL. Gas and groceries. Ask issue the permits, I’m appalled. Common sense tells us that the Key- yourself: Is there anything else that We can study this project forever, stone pipeline should be approved. eats more into your budget day in and and we will never resolve every pos- However, during my short time in day out? sible question. This used to be a can-do Washington, I’ve found that common When we talk about your family country. If the administration will not sense is one thing this town lacks. budget, wouldn’t it be great if your dol- make a decision, Congress should. Let’s My congressional district is one of lar could go further? Better yet, at stop wringing our hands, approve this the hardest-working in the Nation. The least the prices could stay normal in- project and move forward. southern leg of the Keystone pipeline is stead of changing every week. Mr. RAHALL. Mr. Chairman, I’m a significant job creator and economic Think about it: gas and grocery pleased to yield 2 minutes to the gen- developer directly to our local commu- prices are all over the place. One week, tleman from Texas (Mr. GENE GREEN), nities. you go pay for your gas and buy your who, like me, is a supporter of the Key- Listen to these figures. The southern groceries and maybe have some extra stone pipeline. leg of the project is bringing in $5 mil- money in your pocket for date night on Mr. GENE GREEN of Texas. Mr. lion a month in construction and other the weekend; but the next week, the Chairman, I thank our ranking mem- expenses, plus 1,000 jobs, into my State prices shoot up, and you barely have ber from the Transportation and Infra- alone. Approving the northern leg will enough money to pay for your rent. structure Committee for allowing me bring similar economic benefits to But I’ve got great news—cheaper to speak. areas along the northern route. Every prices at the pump and a less expensive I’ve been a longtime supporter of the cup of coffee those workers buy in a grocery bill start right here and right Keystone XL pipeline. I’m frustrated small town adds up. now with the approval of the Keystone that the pipeline has still not been ap- Completion of the pipeline would re- pipeline. proved after four favorable environ- sult in 830,000 barrels of oil a day from This issue is really as bipartisan as mental impact statements. It’s time Canada and the Bakken oil fields in you can get. Why? Because it means for the administration to approve the North Dakota and Montana. These are jobs, jobs, jobs. We’re not talking Re- project. friendly and reliable North American publican or Democrat, red or blue. We I actually represent the refineries sources. With the approval and comple- are talking about green, meaning more where most of the oil sands product tion of the Keystone pipeline, we will money in your pocket. In that bipar- will go. The fact is that these refineries significantly reduce our dependency on tisan spirit, even union members sup- will continue to seek supplies of heavy crude oil from regions such as the Mid- port this pipeline because they know crude oil whether the Keystone XL dle East and Africa. how many jobs will be created. With pipeline is approved or not. The prob- Pipelines are a proven safe way to Republican leadership, we are going to lem is that if the President does not transport crude oil. Our country is at a crossroads. Will get this done. approve the Keystone pipeline, he will we take the path that leads to energy Union members, this is about you. force these facilities to continue to independence, job growth, and pros- This is about your opportunity, your purchase oil from unstable, foreign job. perity, or will we continue to delay? countries with very few environmental The Keystone pipeline is an oppor- Not only is this about jobs; it’s about regulations. our national security here in the tunity for America to lead. The time I want my Democratic colleagues to has come to put the interests of the United States. understand that even if we made all Ask yourself: Do you really want to country first, not the party, and ap- the investments we want to in alter- continue sending money to countries prove the Keystone pipeline. native energy—and I support that—we that really don’t have the best inten- Mr. RAHALL. Mr. Chairman, I re- still need to rely on oil for the next 25 tions for us in mind, or do you want en- serve the balance of my time. or 30 years. This number comes from ergy independence, meaning a safe and Mr. DENHAM. Mr. Chairman, how our administration. So if we have to secure United States for you and your much time is remaining? purchase oil from somewhere, doesn’t family for generations to come? The CHAIR. The gentleman from it make sense to purchase it from a 3 Of course, it’s more money in your California has 2 ⁄4 minutes remaining, province that regulates carbon? pocket the next time you go to get and the gentleman from West Virginia I plan to support the bill this after- some gas in your car or buy your gro- has 5 minutes remaining. noon. But let me be clear about a cou- ceries. This is about you, your family, Mr. DENHAM. Mr. Chairman, I yield ple of things: I support the bill because your dreams. 1 minute to the gentleman from Texas Mr. RAHALL. I reserve the balance it’s a message bill, and it’s time for the (Mr. POE). of my time. administration to stop stalling and Mr. POE of Texas. Mr. Chairman, 5 Mr. DENHAM. Mr. Chairman, I wish make a decision. years and still no decision. There are provisions of the bill I What does 5 years mean? Well, World to yield 11⁄2 minutes to the gentleman don’t like. I do not support the prece- from South Carolina (Mr. RICE). War II, where we mobilized America, dent and policies laid out in section 4 we went to war, we fought for our lib- b 1440 through section 8. I also don’t know erty and our national security on two Mr. RICE of South Carolina. Mr. why we continue to send bills that fronts, thousands and thousands of Chairman, I rise today to express my don’t have a chance in the Senate ex- Americans worked in our factories, support for this legislation. American cept to tell them the House again will went off to win a war in less than 5 competitiveness is my primary focus. support the pipeline. years, but yet we can’t get a decision The nameplate on my desk says: jobs, I hope this vote will put this issue be- out of the White House for 5 years on jobs, jobs. hind us because I have 5 refineries in this project? Are you kidding me? We’ve created a regulatory morass in east Harris County that are ready to If we had to wait for the environ- this country that stifles progress on all use that heavier crude because they’re mentalists to make up their mind, we

VerDate Mar 15 2010 01:48 May 23, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.049 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2866 CONGRESSIONAL RECORD — HOUSE May 22, 2013 never would have built the Panama have to obtain a permit from the Cana- American people are also tired. And Canal. dians to undertake such operations to they’re tired of $3.70 a gallon of gaso- This pipeline needs to go down to build this pipeline, and now we’re say- line. They’re tired of unemployment Texas near my district, 20 percent of ing they don’t have to in our country. above 7 percent. They’re tired of 4 the Nation’s refineries. It’s a national For a foreign country, it is troubling years of delays that continue to block security interest. that we would grant such a permit out- this critical jobs and energy project. Some of my friends on the other side right, to deem that they have met all Remember that the President said only have been bad-mouthing Canada. Let safety and environmental requirements last year that he would do ‘‘whatever it me tell you something. If the United when we don’t even do that for our own takes’’ to create U.S. jobs. States and Canada and Mexico can domestic companies. Every stated reason for previous work together on an energy policy and With that, I would urge a ‘‘no’’ vote delays has now been addressed—most make a North American energy policy, on H.R. 3 today, unless of course during recently, a reroute of a portion of the we can make Middle Eastern politics the amendment process my amend- pipeline through Nebraska. In fact, you irrelevant. This pipeline will bring in ment, which is to strike section 3, were can count Nebraska’s Governor among as much crude oil as we get from Saudi to miraculously be adopted by this the many Americans who want to see Arabia. body. Then, perhaps, I could support the Keystone pipeline built. And while Mr. President, pick a horse and ride the legislation. But other than that, I some may try to make this a partisan it. Sign the deal. urge a ‘‘no’’ vote on the legislation. issue here in the Congress, it is not a The CHAIR. The Chair reminds Mem- So I yield back the balance of my partisan issue across the country, with bers to address their remarks to the time. a majority of Americans—Democrats, Chair. b 1450 Republicans, Independents—supporting Mr. RAHALL. Mr. Chairman, I’m pre- the pipeline, including a vote last pared to close, although I do have a Mr. DENHAM. Mr. Chairman, I yield March on the Senate budget. couple of Members lurking in the hall- myself the balance of my time. I give credit to President Obama for way here somewhere threatening to A lot has been talked about here, but saying some of the right things as of come to speak. So maybe I’ll slowly let me get back to the facts. This legis- late. Just last week during a visit to close unless the gentleman from Cali- lation, if passed, would be passed in the Baltimore manufacturer Ellicott fornia wants to use his time. same way as in 2004 when the Alaskan Dredges, at that factory the President Mr. DENHAM. Mr. Chairman, I’m natural gas pipeline was passed by the declared: ready to close as well, and I reserve the entire body on a voice vote. Members One of the problems we’ve had in the past balance of my time. who are complaining about this bill is that sometimes it takes too long to get Mr. RAHALL. Mr. Chairman, I yield voted for that very same type of legis- projects off the ground. There are these per- myself such time as I may consume. lation. The thing that gets talked mits and red tape and planning and this and We’ve had a short debate here, and about is the pipeline was deemed. That that, and some it’s important to do, but we I’m sure it will continue during the legislation was deemed. The pipeline could do it faster. amendment process. My concerns are was deemed to be in the national inter- Those are his words. as I stated in my opening comments. est. This is in our national interest— Well, guess what, the very day be- The fact that we are deeming a foreign energy independence, American jobs. fore, the president of that same com- company the outright right, giving There is a reason to expedite this, let pany was here on Capitol Hill testi- them a permit, without any further re- alone waiting 5 years. We can’t afford fying in support of the Keystone pipe- quirements or actions needed, is of to wait another 5 years to have an ex- line and how it would help his business. deep concern to me. pedited NEPA process like it was that The President has it exactly right, and As I said, I have many coal compa- the gentleman had supported in the Exhibit A is the Keystone pipeline. nies that mine in a responsible way in past. Some are trying to claim this bill is West Virginia. They’ve gone through It has been talked about that this is an unprecedented attempt to rush the the responsible processes of obtaining a a Republican bill; it’s a Republican process. Give me a break. In truth, the permit. Granted, they’re having trou- end-around. Yet the AFL–CIO is sup- only thing that is unprecedented is the ble in some areas. At least they know porting the bill; the National Brother- lengthy delays we have already en- that they have to obtain a permit to hood of Teamsters; the International countered for a project that has been mine. Union of Operating Engineers; the Na- the subject of over 15,000 pages of Fed- They’re not asking to outright be tional Electronic Contractors Associa- eral environmental review and, yes, deemed to have a permit without hav- tion; as well as the U.S. Chamber and found to be safe. ing to show how responsible they are in National Taxpayers Union. Congress faced much of the same di- their operations. But in this legisla- This is about American jobs. Whether lemma 40 years ago when the Federal tion, to give a foreign company an out- you are union or nonunion, whether red tape was holding up a project called right application, is truly concerning you’re a member of the Chamber of the Alaska pipeline. At the time, Con- to this particular Member who sup- Commerce or not, this is about getting gress realized that the bureaucratic ports the pipeline project. people back to work and being energy process had gotten out of hand and We had some discussion in com- independent. that a pipeline that was clearly in the mittee last week about what I and oth- This is a bipartisan bill that simply national interest was being subjected ers view as preferential treatment for a cuts through the very red tape that the to never-ending delays. But thanks to foreign company, and some on the ma- President continues to complain about the bipartisan 1973 Trans-Alaska Pipe- jority side of the aisle refused to con- and helps this Nation realize the bene- line Authorization Act, the red tape cede that TransCanada is a foreign fits of this project, the energy inde- was cut, the ground was broken, and company or even that Canada is a for- pendence of our Nation. Mr. Chairman, the project was built. It became an in- eign country. You know what? The last I encourage all Members to support credible success story, a game-changer time I checked, you do need a passport this bill. for American energy policy, providing to enter Canada. I yield back the balance of my time. thousands of jobs, billions of barrels of That’s really beside the point, but I Mr. UPTON. Mr. Chairman, I yield oil while safeguarding Alaska’s envi- did want to raise it since I’m sure it myself such time as I may consume. ronment. Guess what, H.R. 3, this bill, will come up before this debate is con- Mr. Chairman, I rise in strong sup- takes much of the same approach for cluded. port of the Keystone pipeline and in the Keystone pipeline. The point is that this bill waives a strong support of the Northern Route Unfortunately, while the delays over permit for such a major undertaking. Approval Act, which will finally make the Keystone grow longer, so do the ex- And these companies that are pro- this project a reality for the American cuses. Some argue that Keystone won’t ducing these tar sands in Canada like people. create very many jobs and most of Exxon, Shell, Valero, CNRL, Conoco There may be a few of my colleagues them would be temporary. Tell that to for TransCanada, I daresay that they who are tired of Keystone bills, but the the labor unions and the American

VerDate Mar 15 2010 01:48 May 23, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.071 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2867 workers who are begging for this pipe- it. We have our own sources of oil here but yet they’re still finding ways to line to be built. Even the administra- in the United States, and we’re using delay? tion’s own State Department found less oil because of our efficiency in new We know what it is. The agenda has that Keystone would support over cars that are getting better mileage. been taken over by the left-wing ex- 40,000 jobs during the pipeline’s con- So I oppose this bill for these rea- tremists. The NRDC and the extreme struction. That’s a lot of jobs to me. sons; but even if you support the pipe- environmental groups are dictating the And the paychecks created by the Key- line, you should oppose this bill. delay here in the hopes of killing it. stone pipeline would be paid for by the b 1500 They have stated that their hope is to private sector, not taxpayer dollars. kill. That’s their number one issue, to Some also claim that Keystone won’t H.R. 3 is an extreme bill. It grants a kill this pipeline, and then they’re impact gas prices. Well, the law of sup- regulatory earmark to TransCanada, going to go after other things after this ply and demand still stands. Keystone exempting it from all environmental is done. is going to deliver up to a million bar- requirements. It’s also unnecessary. So that’s what the real agenda is rels a day of Canadian oil to American The State Department is carrying out here. So let’s stop saying that this is refineries. And remember, already their review of this highly controver- just an extraordinary piece of legisla- today, we’re getting 1.5 million barrels sial project. tion. This is modeled on past pieces of from Canada from the oil sands. H.R. 3 would approve the pipeline by legislation where delays and bureau- So if the pipeline isn’t built, guess fiat, lock out the public, eliminate the cratic morass has delayed them, and what, the oil is going to come by truck President’s authority to balance com- it’s time, after almost 5 years, to get or by rail, certainly a riskier form of peting interests, and stop Federal the Keystone pipeline working and the transport, not nearly as cost efficient agencies from ensuring that, if the people working. as the Keystone pipeline would be. This project does go forward, we do it as Mr. WAXMAN. Mr. Chairman, I’m will be the most technically advanced safely as possible. pleased now to yield 3 minutes to the and safest pipeline ever constructed. It The Keystone XL tar sands pipeline gentleman from Illinois (Mr. RUSH), will cost probably $4 million to $5 mil- is a bad deal for America. We get all our ranking member on the Sub- lion a mile, adhering to the new pipe- the risks, while the oil companies reap committee on Energy. line safety standards that we worked the rewards. Mr. RUSH. I want to thank the rank- together on on a bipartisan basis, But even if you support it, this bill is ing member for yielding. signed by the President last year, add- harmful and unnecessary, and I’d urge Mr. Chairman, I strongly disagree ing 57 additional safety standards spe- my colleagues to vote ‘‘no’’ on H.R. 3. with the majority side’s process of try- cific to the project. So for that reason, I reserve the balance of my time. ing to usurp President Obama’s author- Mr. Chairman, we need to support the Mr. UPTON. Mr. Chairman, at this ity by immediately approving the Key- bill. point I yield 21⁄2 minutes to the gen- stone XL pipeline, even before the I reserve the balance of my time. tleman from Nebraska (Mr. TERRY), the State Department of the United States Mr. WAXMAN. Mr. Chairman, I yield sponsor of the bill. of America completes its due diligence, myself 3 minutes. Mr. TERRY. Mr. Chairman, I rise in as our laws require. Today, the House Republicans are support. Mr. Chairman, this is not an issue making their fourth attempt in 2 years Let me quote the President from his about jobs for Americans, but, rather, to grant special treatment to speech last week: ‘‘Today, I’m direct- it is a question of whether this Con- TransCanada’s Keystone XL tar sands ing agencies across the government to gress should exempt one foreign com- pipeline. That’s what happens when do what it takes to cut timelines for pany from the laws of America. you let the oil companies set the agen- breaking ground on major infrastruc- This bill is about seizing power from da. ture projects in half. And what that the President of the United States. Rather than tackling the real prob- will mean is construction workers will This bill is about curtailing all Federal lems facing American families, we’re get back on the jobs faster. It means and environmental permitting require- passing legislation to exempt a foreign more money going back into local ments. This bill is about limiting the company from the rules that every economies. And it means more demand ability of average U.S. citizens to seek other company in America has to fol- for outstanding dredging,’’ the par- justice through the court system of our low. And, of course, last week we voted ticular business that he was visiting Nation. for the 37th time to repeal the Afford- that day. Mr. Chairman, H.R. 3 will remove the able Care Act. We’re trampling our rule The President’s right. But look at Keystone pipeline out of the jurisdic- of law to speed Canada’s dirty tar the Keystone project that he has pur- tion of State and local courts and will sands oil to the gulf, where it can be posely denied at one time, and now is give only one court, the D.C. Circuit refined and sent to other countries tax delaying ad infinitum. Court of Appeals, exclusive jurisdiction free. So the nearly 1,705 days is more than over this project, causing undue hard- That’s great for the tar sands devel- double the time that the traditional ship on ordinary American families, opers and refiners, like the Koch broth- transborder pipelines have taken. What small businesses, and landowners who ers and Valero, but this bill will hurt this is is a $7 billion privately funded may or may not have the resources to American families. It won’t lower gas infrastructure project that puts, imme- retain a D.C. lawyer, to travel to Wash- prices by a single penny, and it may diately, 20,000 workers, 2,000 of which ington, D.C., in order to have their even raise them. It will lock us into come from my State of Nebraska, American legal rights heard by this more global warming and risk our downstream. With the new expansion American justice system. farmlands and our water supplies. No of refineries, that could go up to Mr. Chairman, I sought to amend wonder Americans are cynical about 118,000. this atrocious bill. My amendment Congress. You have to ask, when there’s been would have struck section 4, the judi- I oppose the Keystone XL tar sands two other times in history, two of cial review clause, so that ordinary pipeline because it will worsen climate them both supported by the Demo- American citizens could keep their change. crats, sponsored by the Democrats, legal rights intact, but my Republican Keystone XL will lock the United that were doing the same thing that colleagues wouldn’t allow us to vote on States into decades of dependence on this bill is, this isn’t breaking new that amendment here today in full dirtier tar sands crude, reversing the ground. These were the Alaska natural view of the American people. carbon pollution reductions we have gas pipeline and the transatlantic pipe- Mr. Chairman, as the White House been working so hard to accomplish. line. Both are doing the same things notes in its Statement of Administra- Experts tell us that this Keystone XL that are here. tion Policy, and I quote: ‘‘H.R. 3 con- will triple production of the tar sands, So you have to ask the question, flicts with longstanding executive and that’s simply not consistent with why, Mr. Chairman, has it taken 5 branch procedures regarding the au- any future scenario for avoiding cata- years to get to the point where all of thority of the President, the Secre- strophic climate change. We don’t need the studies are done and completed, taries of State’’——

VerDate Mar 15 2010 01:48 May 23, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.053 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2868 CONGRESSIONAL RECORD — HOUSE May 22, 2013 The CHAIR. The time of the gen- control gasoline prices, and it won’t be The Keystone pipeline would simply tleman has expired. exported. I would urge everyone to sup- make it possible to take oil from Can- Mr. WAXMAN. I yield the gentleman port this important legislation today ada and transport it down to the gulf 30 more seconds. and pass the Keystone pipeline legisla- coast of the United States to be refined Mr. RUSH.——‘‘the Interior, and the tion. into products that would either be sold Army, and the EPA Administrator. In Mr. WAXMAN. Mr. Chairman, I am in the United States or, in some cases, addition, this bill is unnecessary be- pleased to yield 2 minutes to the gen- perhaps exported overseas. It would cause the Department of State is work- tlelady from the State of Illinois (Ms. create tens of thousands of jobs in the ing right now diligently to complete SCHAKOWSKY). construction phase and maintain, and the permit-decision process for the Ms. SCHAKOWSKY. Mr. Chairman, probably increase, the number of jobs Keystone XL pipeline. The bill pre- we are privileged to be Members of the in our refinery and petrochemical com- vents the thorough consideration of single legislative body in the entire plex on the gulf coast of the United complex issues that could have serious world that has the greatest oppor- States. tunity to actually address the biggest security, safety, environmental, and It’s a good piece of legislation. Only challenge humankind has ever faced: other ramifications.’’ in America would this be controversial. the warming of our tiny planet and the Mr. Chairman, I share these concerns It’s a win for the Canadians, it’s a win devastating consequences that will fol- of the President and, for that reason, I for the consumers in America, and it’s low. urge all of my colleagues to vote a win for the workers in America that against this egregious bill. I’m not asking anyone to agree that humans are the cause. I’m only asking would be able to do the construction Mr. UPTON. Mr. Chairman, I yield 2 and also work in the refineries in those minutes to the gentleman from Ken- that, regardless of the cause, adding more carbon to the atmosphere does particular industries. tucky (Mr. WHITFIELD), the chairman So I would rise in strong support, and of the Energy and Power Sub- put our lifestyles and, ultimately, the lives of generations at peril. No one I hope that we support Mr. TERRY’s bill committee. and send it to the other body. Mr. WHITFIELD. Thank you very will view this notion as radical in the much for yielding. And I would reit- near future, and we will all be judged. Mr. WAXMAN. Mr. Chairman, I am We can choose now to shift toward 1 erate, once again, that the application pleased at this time to yield 1 ⁄2 min- cleaner fuel sources that will make our to build the Keystone pipeline was filed utes to my colleague from the State of country forever energy independent, or on September 19, 2008. Since that time, California (Mrs. CAPPS). we can continue to leave American over 15,500-and-some-odd pages of envi- Mrs. CAPPS. I rise in strong opposi- consumers subject to unpredictable oil tion to H.R. 3. The Keystone proposal ronmental studies have been con- prices and severe public health and cli- ducted. itself is a bad idea. This bill simply mate change. Our atmosphere can only makes it worse. As a matter of fact, the Secretary of absorb about 565 gigatons more of car- It’s no secret that we are dependent State, who is involved because this bon dioxide before global temperatures on oil and other fossil fuels for our en- pipeline crosses international bound- rise 2 degrees Celsius. If that happens, ergy needs. But it’s also no secret that aries between Canada and America— the planet faces catastrophic con- this dependence is polluting our planet, and by the way, if this pipeline was to sequences. Keystone XL would push us harming public health, and threatening be built only in America, it would have toward that cliff. been approved a long time ago. The TransCanada’s application is to run a our national security. But rather than only reason it has not been approved is pipeline filled with the dirtiest oil reduce this dependence, H.R. 3 and the because President Obama has made a through the middle of our country, re- Keystone pipeline just make this prob- decision not to approve it. fine it, and then export it on the world lem worse. Labor unions support it. Every time OPEC market. Even those who support We have the greatest innovators and we’ve had a hearing, the four inter- the pipeline should agree to examine entrepreneurs in the world and they’re national labor union presidents have the consequences of its construction. eager to build a sustainable energy fu- come and said, We want this pipeline. This bill would prevent that from even ture, but they can’t do it on their own. Not one dime of Federal or taxpayer happening. Instead of doubling down on fossil dollars will be in this pipeline, a $8 bil- I ask my colleagues to take your fuels, we should be encouraging devel- lion project, 20,000 jobs. heads out of the tar sands and let’s all opment of clean, renewable energy re- We have the opportunity to be inde- work together to collaboratively ad- sources and technologies. These invest- pendent for our energy needs in Amer- dress the crises that we face. We can ments protect our planet for future ica. The International Energy Agency meet our energy and environmental generations and they improve the said just recently that more oil will be challenges together. health of our friends and our family. produced in America by 2020 than even Mr. UPTON. Mr. Chair, may I ask And they create permanent, local jobs in Russia today. And with this pipeline how much time we have remaining? that can’t be shipped overseas. coming in, the additional pipeline oil The CHAIR. The gentleman from Finally, there’s no denying that con- that will be coming from Canada, we Michigan has 6 minutes remaining. The struction of this pipeline would create have an opportunity to be independent gentleman from California has 61⁄2 min- jobs, but they’re mostly temporary even more quickly perhaps. utes remaining. jobs. And while we’re facing estimated Mr. UPTON. I yield 1 minute to the b 1510 job losses of 750,000 due simply to se- chairman emeritus of the Energy and questration, creating a few thousand Our friends on the other side of the Commerce Committee, the gentleman temporary jobs, though helpful, does aisle say, Well, one reason we are op- from Texas (Mr. BARTON). not constitute the comprehensive jobs posed to this is because this oil, when (Mr. BARTON asked and was given legislation our Nation really needs. it gets to Port Arthur, Texas, will be permission to revise and extend his re- This Congress needs to take steps to exported. The head of the Department marks.) move to a clean energy economy and of Energy’s Office of Policy and Inter- Mr. BARTON. Let me say before I create millions of permanent jobs right national Affairs wrote a letter just re- rise in support of this particular piece here in the USA that cannot be shipped cently saying that there’s no economic of legislation that if we want to have a overseas. incentive for any of this oil to be going debate on global warming, let the anywhere other than in America. record show that the greenhouse gas Mr. Chairman, H.R. 3 is a giant step They’ve also said that it will not re- emissions in the United States are at in the wrong direction on both counts. duce gasoline prices. In this same let- the lowest level since 1995. That’s with- I urge my colleagues to vote ‘‘no.’’ ter, the gentleman says, We expect out cap-and-trade. That’s without com- Mr. UPTON. Mr. Chair, I yield 1 Midwest gas prices to go down if we mand and control. It’s based on the in- minute to the gentleman from Georgia, build this pipeline. genuity of the American people and the Dr. GINGREY. So the American people support this market at work here in the United Mr. GINGREY of Georgia. Mr. Chair- pipeline. It’ll produce jobs, it’ll help States. man, it has been 1,706 days since the

VerDate Mar 15 2010 04:22 May 23, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.055 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2869 Keystone XL application has been sub- diately and energy security. We’re This bill promotes reckless develop- mitted to our State Department. In- going to be getting 830,000 barrels of oil ment of a pipeline that provides little stead of moving towards energy inde- a day from a friend in Canada that we public benefits to our citizens while in- pendence and job creation by approving don’t have to get from Middle Eastern creasing the risk to their communities, this pipeline, we’ve learned that this countries who don’t like us. their property, and to our natural re- administration has been spending its Of course, what’s the answer by sources. We should not bypass our laws time wiretapping journalists and tar- President Obama? For 5 years now, he and the administration’s process for geting conservative groups for their po- said ‘‘no.’’ He said ‘‘no’’ to American evaluating this project. litical beliefs. jobs and he said ‘‘no’’ to American en- With that, I urge my colleagues to Within the past 10 days, the Obama ergy security just because some radical reject H.R. 3. administration has spent much more environmental extremists have told Mr. UPTON. Mr. Chairman, I yield 1 time defending its violations of the him that they don’t want this. But minute to the gentleman from Texas First Amendment than seeking to add even the labor unions say they want (Mr. OLSON), a member of the Energy 830,000 barrels of product per day. The this. and Power Subcommittee. Mr. OLSON. I thank the chair of the White House seems to care more about b 1520 their own jobs than the 20,000 direct Energy and Commerce Committee, and jobs and 100,000 indirect jobs created by Of course, who’s to benefit by the I rise today in strong support of H.R. 3, the Keystone XL pipeline. This behav- United States not doing the Keystone which would approve the Keystone XL ior is simply unacceptable. XL pipeline? China. China wants those pipeline. Mr. Chairman, it is time that this jobs. And if President Obama gets his The Keystone XL pipeline has been body take action to bolster our econ- way, China will get those jobs. We studied ad nauseam. It’s now been 1,706 omy, move our Nation towards energy don’t want China to get those jobs. We days since the application to build the independence—areas where this Presi- want America to get the 20,000 jobs and Keystone XL pipeline was submitted to dent has failed miserably. the $7 billion of private investment. the Obama administration. I urge my colleagues to support H.R. How can this happen? With the The Keystone XL pipeline is nearly 3. stroke of a pen. Today, President 1,200 miles long. At the average speed a Mr. WAXMAN. Mr. Chairman, I yield Obama can approve the Keystone pipe- human being could walk—three miles 1 minute to another Member of the line, but he won’t. So if he won’t, then an hour—it would take 393 hours to House from Georgia, the very distin- here Congress is taking action to get walk the pipeline’s route. That means guished gentleman, a member of our those 20,000 jobs. Instead, we ought to you could walk through the entire committee, Congressman JOHN BAR- approve this bill and get the Keystone pipeline route round trip about 53 ROW. XL pipeline built. times in the days since the application Mr. BARROW of Georgia. I thank the Mr. WAXMAN. Mr. Chairman, I now was submitted for approval. At least gentleman for yielding. yield 2 minutes to our colleague from walking would be some sort of action. Mr. Chairman, I’m a proud cosponsor New York (Mr. TONKO), the ranking America needs action. America needs of this bill with my colleague from Ne- member of one of our Energy Sub- 20,000 jobs. America needs 800,000 bar- braska (Mr. TERRY). These are the committees. rels a day coming from Canada. Amer- main reasons why: Mr. TONKO. I thank the gentleman ica needs national security that comes First, this pipeline will move an esti- from California. from energy security. America needs mated 840,000 barrels of oil per day. Mr. Chairman, we are once again de- the Keystone XL pipeline. Let’s pass That’s about how much we import bating a bill that, thankfully, will go this bill now. every day from Venezuela. Any policy no further than this House. Mr. WAXMAN. Mr. Chairman, I con- that allows us to bid good riddance to Even if you support the pipeline, this tinue to reserve the balance of my countries like Venezuela is a good pol- bill is the wrong approach to build it. time. icy in my book. This bill elevates the financial needs of Mr. UPTON. Mr. Chairman, I yield 1 Critics say that it will increase our tar sands developers and the pipeline’s minute to the gentleman from Colo- dependence on oil as our primary builder above the needs and concerns of rado (Mr. GARDNER), a member of the source of transportation energy, but the citizens who live along the pipe- Energy and Power Subcommittee. we’re already totally dependent on oil line’s path. Mr. GARDNER. I thank the chairman for our transportation energy. This I regret that my amendment on pipe- for yielding time and leading this great pipeline will only make us less depend- line safety was not made in order. We debate. ent on hostile rivals and more reliant now have ample evidence from the dis- You know, we’ve heard a lot of talk upon friendly allies for the transpor- astrous spills in Kalamazoo, Michigan, today about job creation, about the tation energy that we need. and Mayflower, Arkansas, that concern number of jobs that would be created Critics say it will increase CO2 emis- about pipeline safety is well justified. by the Keystone pipeline. sions, but this oil is going to be pro- Cleaning up a spill is an expensive As somebody who actually lives duced and refined and consumed by and difficult task. Three years after above the Ogallala Aquifer, I hate to somebody. The only question is wheth- the spill in Kalamazoo, the oil is still break it to people in this Chamber who er we get first dibs on it or whether or not cleaned up. Families evacuated apparently don’t believe it, but we ac- not we move to the back of the line be- from their homes in Mayflower are tually have pipelines already above the hind countries like India and China for still living in temporary housing. The Ogallala Aquifer. our own North American oil. spill is not just messy; it is dangerous. We have jobs being created right now For all these reasons, I urge my col- The fumes, liquids, and the solids are a because of energy opportunity in the leagues to support this legislation toxic brew. The resources damaged by United States and Canada. The fact today and once and for all make the these spills will take years—probably that we can create 20,000 jobs is a good Keystone XL pipeline a reality. decades—to restore. thing, the fact that the National Fed- Mr. UPTON. Mr. Chair, I yield 1 Congress recognized the unique na- eration of Independent Businesses sup- minute to the vice chair of the Energy ture of diluted bitumen and asked the port this pipeline; The U.S. Chamber of and Power Subcommittee, the gen- National Academy of Sciences to ex- Commerce, manufacturers, the labor tleman from Louisiana (Mr. SCALISE). amine questions related to its safe unions support the construction of this Mr. SCALISE. I want to thank the transport and to assess the adequacy of pipeline. gentleman from Michigan for yielding. current pipeline safety regulations. It saddens me to think that this de- I thank Congressman TERRY from Ne- This information would be valuable, es- bate has come down to a debate over braska for bringing this bill forward. pecially in light of these recent spills; job snobs, people who believe that I rise in strong support of the bill to but we are not waiting for it. And if the these aren’t the kinds of jobs that we green-light the Keystone XL pipeline. proponents have their way, we will want, the kind of people that we want Look at the facts about what this have no opportunity to act on any rec- working on these jobs. It’s not about means to America: 20,000 jobs imme- ommendations that NAS may provide. whether this is a pipeline that is good

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.057 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2870 CONGRESSIONAL RECORD — HOUSE May 22, 2013 or bad for the environment. It’s people I yield back the balance of my time. That is why this project enjoys bipar- who believe that these aren’t the kinds Mr. UPTON. Mr. Speaker, I yield the tisan support in both the House and the of jobs that we want in this country. I balance of my time to the gentleman Senate. This is not a Democrat issue; think it’s a shame that we’re having from Ohio (Mr. JOHNSON). this is not a Republican issue. Energy that debate on the House floor right The CHAIR. The gentleman from security and job creation is an Amer- now. Ohio is recognized for 45 seconds. ican issue. This administration is the These jobs are good enough for Amer- Mr. JOHNSON of Illinois. I thank the only roadblock that’s standing in the ica. These are the kinds of jobs that we chairman for yielding. way of American jobs, lower energy want—high-paying jobs to put people It’s coincidental that here we are prices, and increased American energy to work, to feed families, to present op- talking about the environmental con- security. portunities for the American people in cerns that have been overexaggerated The Northern Route Approval Act a country that has seen unemployment about the Keystone XL pipeline. makes the Keystone XL pipeline a re- far too high for far too long. I stand in strong support of H.R. 3. ality. It declares that no Presidential It’s time the hijacking of this agenda The President himself has acknowl- permit shall be required to approve ends. Let’s develop our own energy in edged that the environmental concerns this pipeline and prevents the Obama North America. have been overexaggerated. This is the administration from imposing further Mr. WAXMAN. Mr. Chairman, may I right thing to do for America. This is a delays. inquire as to how many speakers there job-creating opportunity. This is an op- I urge my colleagues, Mr. Chairman, are on the other side. portunity to take energy resources to support this important legislation, Mr. UPTON. Mr. Chairman, may I in- from a friendly ally in Canada, use it and I reserve the balance of my time. quire as to how much time we have left here in America, or make sure that it Mr. HOLT. Mr. Chairman, I yield my- on our side. goes to our friends and our allies rath- self such time as I may consume. The CHAIR. The gentleman from er than our competitors, like the Chi- Let me begin where the gentleman Michigan has 1 minute remaining. The nese. from California (Mr. WAXMAN) com- gentleman from California has 2 min- Mr. Chairman, H.R. 3 is an important pleted his remarks. utes remaining. step forward in bringing energy inde- We are experiencing climate change. Mr. UPTON. We have two speakers— pendence and security to America, and It is very expensive in lives and dollars. unless you’d like to yield some of your I urge my colleagues to support it. It is the result of the way we produce and use energy. We must make these time to us. We still have two speakers. b 1530 Do you just have one speaker left? Why points clear. What we are talking Mr. HASTINGS of Washington. Mr. don’t you do one speaker, then we’ll do about with this legislation is going fur- Chairman, I yield myself 3 minutes. one—one-one-one, and finish up. ther down this dangerous, deadly road. Mr. Chairman, I rise in support of Mr. WAXMAN. I reserve the balance Now, beyond that, this legislation we H.R. 3, the Northern Route Approval of my time. are considering today represents a Mr. UPTON. I yield 30 seconds to the Act. This important legislation would complete disregard of the effect of tar gentleman from New Jersey (Mr. remove roadblocks to allow for the ap- sands oil on our environment and our LANCE). proval and construction of the Key- economy. This bill would ask the Mr. LANCE. Mr. Chairman, I rise in stone XL pipeline—a project that is United States to bear all of the envi- strong support of H.R. 3. vital to America’s energy future. ronmental risk without any appre- Construction of the Keystone XL The Keystone XL pipeline has been ciable rewards. pipeline is a significant element of tied up in red tape by the Obama ad- Less than 2 months ago, in America’s all-of-the-above energy pol- ministration for nearly 5 years. Just Mayflower, Arkansas—a typical Amer- icy that will help lower energy costs, over 1,700 days ago, the application to ican small town—the 2,234 residents of create jobs, and reduce our dependence build this important energy project that Arkansas River town learned what on dangerous sources of foreign oil. It’s was submitted to the State Depart- we mean by ‘‘risk’’ from an oil pipe- supported by business and labor alike. ment, and for 1,700 days the American line. As much as 7,000 barrels of oil Mr. WAXMAN. Mr. Chairman, I yield people have been waiting for the spilled into neighboring communities myself the balance of my time. Obama administration to stop leading and the environment. Killer tornadoes in Oklahoma, Hurri- from behind. This oil was tar sands oil. This pipe- cane Sandy in New York and the This bill will create tens of thou- line was part of this Canadian pipeline Northeast, droughts in the southwest sands of American jobs, it will lower system that we are talking about part of this country, record heat waves energy prices, the building of it will in- today. But rather than ensuring that, are now the new normal. We’ve seen vest billions of dollars into our econ- if we’re going to build the Keystone floods; we’ve seen wildfires. Haven’t omy, and it will make America more pipeline to transport this dirty, par- you noticed that we’ve been experi- energy secure. The Keystone XL pipe- ticularly dirty, oil across the United encing a change in the climate? And it line will transport over 800,000 barrels States, that we first ensure that we hasn’t been good. of oil per day from Alberta, Canada, have proper protections for our envi- We don’t know if all of this is be- down to American refineries in the ronment, this bill would take us in cause of greenhouse gases. We do know Gulf of Mexico. That’s half the amount completely the opposite direction, enough, however, that we don’t want that the U.S. imports from the Middle while doing nothing to ensure that tar sands oil to take a chance with the East. Keystone oil would enhance our energy only planet we live in. This bill was approved by the Natural security. There’s nothing whatsoever We want jobs. Of course we want Resources Committee with bipartisan in this bill to require that the Key- jobs. And we don’t say jobs are not support. The provisions under our ju- stone oil actually stay in the United good enough if they’re working in the risdiction will help ensure that the States. pipeline construction. But we also construction of this pipeline takes The jobs that will be created by this, want to protect this country and this place in a timely manner without according to the Environmental Im- planet; it’s the only one we have. threat of lawsuit or unnecessary delay pact Statement prepared by the U.S. The tar sands are the dirtiest oil we by the Secretary of the Interior. State Department, the jobs that would can possibly get. We don’t need it. We This important project has gone be created over the long term number shouldn’t go after it and put ourselves through extensive environmental re- in the few dozen—like 35—not in the at a greater dependence on a source views, including two separate EIS’s and thousands. Yes, there will be some con- that will pollute this planet with more over 15,000 pages of NEPA reviews. struction jobs—and I want to assure greenhouse gases, more carbon emis- President Obama’s own State Depart- our working Americans that we want sions, and more climate change. That ment has stated that this project will jobs for them—but we want sustainable will not be something we can look at have no significant impacts on the en- jobs that come from clean energy. with pride. vironment. There is no credible reason They are available—they are available I urge my colleagues to vote against for the President to continue holding today—if we would stop going down this bill. up this project. this mistaken road.

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.059 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2871 The proposed pipeline would trans- has announced that due to delays by companies pay—American companies port tar sands oil from Canada through the Obama administration, Canada has and some foreign companies, but every- the United States to free trade zones in no choice but to consider alternative body else pays it. They will be exempt. Texas for export. All risk, no reward. options for bringing its oil to market, They will not contribute to the oil spill We are just a bypass. This is not oil including constructing a pipeline from liability trust fund. It’s going to go to that’s coming to improve the lives of Alberta to the Pacific coast for export a refinery located in a foreign trade Americans, to give us energy to power to China. If we don’t take advantage of zone that is not paying export taxes, our cars or our industries. No. This is this opportunity, somebody else will— and that refinery is half owned by the just passing through us, with the risk probably China. Saudis. of a spill, with the problems to the en- After four Environmental Impact And this is going to give us energy vironment that might result. It ignores Statements, all of which have con- independence and lower prices. I mean, the lessons of the recent Exxon pipe- cluded that there will be minimal envi- is it April Fool’s Day? Really? Come line spill in Arkansas and the tar sands ronmental impacts, the administration on. spill in Michigan. It does nothing to continues to stall construction of the This is not going to give any Amer- close a loophole that currently allows pipeline. ican a single penny off per gallon at the pump. Right now, we are in the an- tar sands oil to avoid paying taxes into b 1540 the oil spill cleanup fund—that’s nual traditional Memorial Day price right—because this bitumen, this prod- It would lessen our dependence on gouging by the oil industry. It just uct that comes out of the tar sands, is foreign oil from dangerous parts of the happens magically every May that defined as ‘‘not oil’’ for the purposes of world by integrating our friendly they’re up to do a little periodic main- paying into the oil spill liability trust northern neighbor into our energy tenance or unexpected maintenance on fund. So, it gets a free ride through the economy. With each day that passes, their plants. Gasoline has gone up 50 United States on its way to foreign we slowly lose one of the best opportu- cents a gallon on the west coast in the countries. nities this country has had in a genera- last 3 weeks. This is not a free market. If we’re going to consider this bill, at tion to secure our energy independ- It is a manipulated market. We pay the least let’s use it as an opportunity to ence. Since the President refuses to so-called ‘‘world price.’’ So even if this close the tar sands loophole and ensure act, Congress will. The Northern Route refinery does produce—and it will ex- that when the oil spills occur—I’ll Approval Act removes the President’s port—this product, it’s not going to grant to the other side that this may veto and will ensure that, after years lower the world price because the be a safe pipeline, but there is no such of extensive studies, construction of Saudis over the last couple of years thing as a perfectly safe pipeline—and the pipeline can move forward so have tracked our increased oil produc- when the oil spills occur, let’s have the America can begin to benefit from this tion with decreases in their oil produc- money there to clean it up. tremendous opportunity. tion to keep the prices high. This bill goes on to declare that a I urge the adoption of the act. There are things we could do to bring Presidential permit is not required for Mr. HOLT. Mr. Chairman, I yield 3 real relief to American consumers—get a trans-border project and that all re- minutes to the gentleman from Oregon the speculators out of the market and quirements of the National Environ- (Mr. DEFAZIO), a senior member of the a number of other things—that would mental Policy Act, the National His- committee and one who understands provide more immediate relief. This toric Preservation Act, the Endangered that this pipeline does not help our en- will not provide relief. It will not be a Species Act, and the Migratory Bird ergy security and puts our environ- boost for our economy. Yes, there are Treaty would be deemed to have been ment at risk. temporary construction jobs, but guess satisfied, even if they haven’t been sat- Mr. DEFAZIO. I thank the gentleman what? We could create a heck of a lot isfied. for yielding. more construction jobs in this country This is a bad deal for our country. Repetition has become sort of the if we met our obligations to better fund This legislation does nothing to guar- cause celebre here in the House of Rep- the Surface Transportation Trust Fund antee our energy security. All risk, no resentatives. Last week, we totally re- and began to deal with the crumbling reward. pealed ObamaCare for the fourth time, infrastructure in America. Those would I reserve the balance of my time. and 33 other times we partially re- be real jobs that would really benefit Mr. HASTINGS of Washington. Mr. pealed it. Of course, none of those this country. Chairman, I am pleased to yield 3 min- things have come true or have hap- Mr. HASTINGS of Washington. Mr. utes to the chairman of the sub- pened. Chairman, I am pleased to yield 1 committee dealing with this legisla- This will be the seventh attempt by minute to a member of the Natural Re- tion, the gentleman from Colorado (Mr. the House of Representatives to expe- sources Committee and a sub- LAMBORN). dite—in this case, they’ve gone one committee chairman, the gentleman Mr. LAMBORN. I thank the chair- step further—or to mandate the build- from California (Mr. MCCLINTOCK). man for yielding. ing of the XL pipeline. That’s right, Mr. MCCLINTOCK. Mr. Chairman, Mr. Chairman, I rise in strong sup- mandate. We’re going to deem that an ever since the Arab oil embargoes of port of this legislation. From day one, Environmental Impact Statement done the 1970s that ravaged our economy the Obama administration has on a very different route is good for and produced mile-long lines around inexplicably put up roadblock after this pipeline. Now, if you follow that gas stations, an avowed goal of our Na- roadblock to prevent the construction logic, we could just have one generic tion has been to reduce our reliance on of the Keystone pipeline, a pipeline Environmental Impact Statement for Middle Eastern oil. that would create tens of thousands of any project anywhere in the United In addition to the thousands of jobs American jobs and securely bring States of America, and Congress could and billions of dollars of economic ac- 800,000 barrels of oil a day to American just deem it to have met the law and tivity, the Keystone pipeline will bring consumers. These numbers are accord- the environmental requirements. up to 830,000 barrels of Canadian crude ing to the administration’s own De- That’s incredible to go that much fur- oil a day into the American market— partments of Energy and State. This ther in this political dealing here. about half of what we currently import project also would lead to billions of Now, what’s going to happen? from the Middle East. Now, that bears dollars of investment into the U.S. The Canadians, sadly, apparently, are repeating. The Keystone pipeline could economy. going to destroy their boreal forests, cut our reliance on Middle Eastern oil Besides obstructing the construction which are irreplaceable, to extract one by half all by itself. The left makes of the northern portion of the pipeline, of the dirtiest fossil fuels. They’re then much of the fact that our markets are President Obama had no shame in tak- going to ship this tar sands oil through international and that some of that oil ing credit for construction of the a pipeline crossing the United States of might enter that market. Well, that’s southern section of the pipeline, which America, which, as the gentleman said, possible, but I think it is far more like- did not require his approval. Sadly, Ca- will be exempt from the excise tax that ly that it will push Middle Eastern oil nadian Prime Minister Stephen Harper all other oil companies and pipeline out of the American market.

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.060 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2872 CONGRESSIONAL RECORD — HOUSE May 22, 2013 The fine point is this: In the next minute to another member of the Nat- eral application, not favors to foreign international crisis, would you rather ural Resources Committee, somebody oil companies. rely on Canada or Iraq to meet our pe- who understands the oil industry well, The CHAIR. The time of the gen- troleum needs? the gentleman from Oklahoma (Mr. tleman has expired. Mr. HOLT. Mr. Chairman, I yield 2 MULLIN). Mr. HOLT. I yield the gentleman an minutes to the gentleman from Cali- Mr. MULLIN. I rise today as a proud additional 30 seconds. fornia (Mr. HUFFMAN), who understands Oklahoman, calling for this body to act Mr. GRAYSON. And having been lec- that oil passing through this country on a commonsense bill that will put tured endlessly by the other side about on the way to other countries does not this country on the path to energy the profundity of earmarks, we come improve our energy independence. independence. across a bill here where, in fact, it’s an Mr. HUFFMAN. I thank the gen- The Keystone XL pipeline’s southern earmark for a foreign oil corporation. tleman. route, which runs directly through my We are issuing to a foreign oil corpora- What a wonderful bill if you happen congressional district, is already cre- tion a right-of-way that’s valued at to be the Canadian oil company that ating good-paying jobs back in Okla- millions and millions of dollars when reaps all the benefits, but it comes at homa. I have seen with my own eyes the other side tells us they’re not in the expense of the American economy how it is putting millions of dollars di- favor of earmarks. and the global environment. We should rectly into the economies of small Stop the hypocrisy. reject this bill out of hand. towns in my district. Mr. HASTINGS of Washington. Mr. This sweetheart deal approves the Mr. Chairman, this is a time for Con- Chairman, I’m very pleased to yield 1 northern route of the Keystone XL gress to act. This project has been de- minute to the gentleman from Mon- pipeline and exempts it from the rig- layed long enough. We have studied the tana, another member of the Natural orous public analysis and scientific environmental impact of Keystone over Resources Committee, Mr. DAINES. Mr. DAINES. Mr. Chairman, it took standards that American companies and over again. We know that we can Canada just 7 months to approve the are held to, including the National En- safely transport crude oil from our Keystone XL pipeline; meanwhile, vironmental Policy Act, the Clean friends in Canada and sources in the Americans have been waiting 41⁄2 years Water Act, and the Migratory Bird U.S. to our refineries along the gulf for President Obama to act. Treaty Act, among others. Bear in coast. EPA’s latest opposition to the mind that tar sands oil is already ex- Montanans understand how impor- State Department’s recent environ- tant this project is for our economy empt from paying into the trust fund mental impact review of this project is that covers oil spill cleanup. and for our energy future. more of the same from this administra- In eastern Montana, we’ve seen the So with this bill, my colleagues are tion, which continues to claim it sup- tremendous potential for jobs and eco- saying we should have no front-end en- ports an all-of-the-above approach but nomic growth that comes with oil pro- vironmental protection for this project fails to follow through when it’s time duction in the Bakken field. In fact, and no backstop funding for when to act. this pipeline will transport up to things go wrong—and things will go Let’s put our country on the path to 100,000 barrels per day of Bakken oil— wrong. You just have to look at what energy independence and off foreign oil that is Montana and North Dakota happened at the Mayflower, Arkansas, from those countries that do not have oil—through a connecting on-ramp in spill a month ago. When that happens, our best interests in mind. I urge my Baker, Montana. And in Glasgow, Mon- American taxpayers are going to be on fellow Members to do what is right, not tana, the NorVal Electric Co-op is slat- the hook for cleanup, and where is the for the party, but for this country and ed to supply electricity to one of the offset for that? Meanwhile, Trans- to vote for H.R. 3. Keystone XL pump stations. Canada, the Canadian corporation pro- b 1550 Let me tell you what this means to posing to build this pipeline, is on middle class, hardworking Americans. Mr. HOLT. Mr. Chairman, I’m record before the Canadian energy If this pipeline is built, this rural elec- pleased to yield 11⁄2 minutes to the gen- board as saying that this project will tric co-op will be able to spread their tleman from Florida (Mr. GRAYSON). increase the price of oil in the United cost burdens with the pipeline and, Mr. GRAYSON. Mr. Chairman, I urge States. consequently, hold rates steady for So let’s be very clear about what we the Republicans on the other side of their 3,000 customers. But if the pipe- are doing. This House is considering a the aisle to stop faking it. We have a line is not approved, NorVal customers bill to cut corners for a foreign cor- bill here that deems this, deems that, will see upwards of a 40 percent in- poration to transport dirty fuel and and deems the other thing. crease in their utility rates over the raise gas prices for Americans. Why This is a bill that deems that the En- vironmental Impact Statement re- next 10 years. would we spend our time on this? Well, Mr. Chairman, if the President isn’t quired by the National Environmental we’re told it’s about jobs, but the fact willing to listen to the voice of the peo- Policy Act is deemed approved. It’s is we don’t even know how many jobs ple, the House will. It’s time to build not. this pipeline project will create. The the Keystone XL pipeline. estimates are all over the map. You This is a bill that says that the re- Mr. HOLT. Mr. Chairman, may I ask could believe Fox News, which says it quirements of the Endangered Species the time remaining? will create a million jobs, or Trans- Act are deemed satisfied and opinion The CHAIR. The gentleman from deemed issued. They’re not. Canada, which says around 13,000 con- New Jersey has 31⁄4 minutes remaining, struction jobs, or the State Depart- This is a bill that says that the re- and the gentleman from Washington quired right-of-way and temporary use ment, which says it will directly create has 71⁄2 minutes remaining. fewer than 4,000 jobs, and fewer than permit under the Mineral Leasing Act Mr. HOLT. Mr. Chairman, I reserve three dozen of those will be permanent is deemed issued. Not. the balance of my time. jobs. This is a bill that says that the re- Mr. HASTINGS of Washington. Mr. We don’t even know the massive se- quirements of the Water Pollution Con- Chairman, I’m very pleased to yield 1 curity risks and security costs that trol Act and the Migratory Bird Treaty minute to the gentleman from Virginia this project will foist upon the Amer- Act are deemed approved and issued. (Mr. HURT). ican taxpayers. At a minimum, we Not. Mr. HURT. Mr. Chairman, I rise should approve the Connolly amend- Why are we doing this? While we’re today in support of the Northern Route ment to, at the very least, generate a at it, why don’t we deem a balanced Approval Act, another House initiative threat assessment if this bill is to budget? Why don’t we deem full em- to pave the way for construction of the move forward. ployment? Why don’t we deem world Keystone pipeline. I support this meas- This bill, colleagues, is a betrayal of peace? ure because approval of the pipeline our priorities as Members of the United It’s farcical. It’s a violation of the will lead to lower fuel prices and it will States Congress. separation of powers under the Con- create jobs. Mr. HASTINGS of Washington. Mr. stitution. It’s not our job to deem As I’ve traveled my rural Virginia Chairman, I am very pleased to yield 1 things. It’s our job to pass laws of gen- Fifth District, I have spoken to our

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.063 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2873 small business owners, our small farm- this legislation to expedite the pipeline tifying, as that small business, about ers, our volunteers, our students, and construction have asked the chairman what could get America moving. You our parents, and there can be no ques- of the Ways and Means Committee to know what he talked about? Build the tion that the energy policies coming fix this oil spill liability trust fund Keystone pipeline. Build it. out of Washington under this President loophole, in other words, to see that So when the President said that are hurting our local communities. this is not exempt from paying into the sometimes projects take too long to That is why the immediate approval of oil spill trust fund. But the irony is get off the ground, I think he was refer- the Keystone pipeline is so important, they don’t want to fix it now; they ring to if it was more than 1,700 days, because it will reduce our dependence want to fix it sometime in the future in that was too long. So when the Presi- on foreign dictators, it will give us af- an as-of-yet imaginative or conjectural dent said that there’s too much red fordable energy, and it will create the tax reform. tape, some is important, but we could jobs that we desperately need. If they really wanted to fix it, this do faster, I think the President prob- After 4 long years, this bipartisan would be the time to do it, rather than ably meant that 15,000 pages of review plan to create jobs and lower fuel to take a bill and ask for streamlined, that we’ve done for Keystone is prob- prices should wait no longer. It is high no-questions-asked approval: take the ably too much. time for the President to heed the executive branch out of the decision, So there’s a unique ability that, yes, wishes of the American people. Stop give the sweetheart deal to the Cana- we can move something that can create the excuses and approve the Keystone dian company, and close the books. We 20,000 jobs in America today. You know pipeline. would regret it if that happened. what? We could be less reliant on the Mr. HOLT. Mr. Chairman, I continue With that, I yield back the balance of Middle East for our energy as well. to reserve the balance of my time until my time. But you know what is more impor- the other side is ready to close. Mr. HASTINGS of Washington. Mr. tant when we listen to the American Mr. HASTINGS of Washington. Mr. Chairman, how much time do I have re- people and they ask, Why can’t we do Chairman, if I may inquire, did I hear maining? this in a bipartisan manner? You know that my friend from New Jersey has The Acting CHAIR (Mr. HOLDING). what? It will come off this floor in a bi- only one speaker left? The gentleman from Washington has partisan vote. But you question, can it Mr. HOLT. Yes, I believe that is cor- 61⁄2 minutes remaining. come off the Senate? Well, you know rect, Mr. Chairman. Mr. HASTINGS of Washington. I’m what? A majority of the Senators have Mr. HASTINGS of Washington. I very pleased to yield the balance of my voted for it, 17 Democrats on the other hope that belief is true, then. You’re time to the majority whip, the gen- side as well. waiting, I guess. tleman from California (Mr. MCCAR- So I stand today as the majority So if the gentleman is prepared to THY). whip saying I agreed with President close, I reserve the balance of my time, Obama’s words. The only thing that is as I have one more speaker left. b 1600 missing is the action. Today we will do Mr. HOLT. Mr. Chairman, I yield my- Mr. MCCARTHY of California. Mr. our job. We’ll send it to the Senate, self the remaining time. Chairman, I rise today in support of and it will be the start of a new begin- As we’ve heard, this is a bill that this bill. Now, if you’re like me and ning, to put people before politics and gives a Canadian company a sweet- you go across the country, you want to jobs and bipartisanship forward, and I heart deal. It deems that all the condi- listen to the American people. The two look forward to the opportunity to do tions have been met, even if they things they talk about when you tell it. haven’t been. It takes a very dirty them you’re a Member of Congress, the Mr. HASTINGS of Washington. Mr. product, ships it through the United first thing is: Where are the jobs? The Chairman, I yield back the balance of States, where we bear the risk of an oil second thing they say: Why can’t you my time. spill. It’s shipped to other countries. work together? Why can’t you solve Mr. CONYERS. Mr. Chair, I rise today to The U.S. consumer, the U.S. business- this problem together? oppose H.R. 3, which is quite simply a waste person, the U.S. economy derives little It’s not often that we get to mesh of this chamber’s time. Like the 37th vote to to no benefit from this. All risk, no re- those two together on the exact same repeal the Affordable Care Act last week, we ward. day. But, you know, today is that op- are again wasting Americans’ time and money The TransCanada Keystone pipeline, portunity. doing the bidding of corrupt, private industry— the existing part of it, which would be Last week, I watched our President selling jobs that will never materialize, while connected to this proposed pipeline, ex- of the United States go to a small busi- exposing American land, air, and water to perienced 12 separate oil spills in 2010. ness. I love it when he goes to a small dangerous pollution. In the United States, there are typi- business. I was a small business owner. I understand my friends across the aisle cally more than 3 million gallons He went to a small business to talk have water—or oil—to carry for the energy in- spilled from pipelines, so don’t tell me about job creation. He wants to move dustry, but this bill is not going to bring the en- that this is without risk. America forward. And I’ll be frank, lots vironmentally damaging pipeline they support As for helping the economy, we of time my philosophy isn’t the same to fruition. Regardless of the outcome of this would like to have good, long-lasting as the President, but I want to work vote, the decision to approve or reject the jobs for Americans. This is not the way together, especially when we agree. So Keystone XL pipeline will rest with the presi- to do it. It does not do it. The long- I listened to his words and I listened to dent. lasting jobs number in the dozens, not him closely because he talked about Unfortunately for my friends across the the thousands. what was holding back job creation in aisle, President Barack Obama knows the So this very dirty oil will not in- America. The President said: dangers of not going far enough or fast crease U.S. energy security. It cer- One of the problems we’ve had in the past enough to stop the climate crisis. History will tainly will not lower energy prices, is that sometimes it takes too long to get celebrate his decision to lead us toward a which are determined on the world projects off the ground. There are all these clean energy economy that solves climate market and through various manipula- permits and red tape and planning, and this change and creates long-term, sustainable tions here. and that, and some of it’s important to do, jobs for Americans. We understand then, that This clearly is not in the interest of but we could do it faster. achieving this awesome goal requires that the the American consumer or American You know what? I agreed with those United States reject the TransCanada Corp.’s business. There’s nothing in this bill to words of President Obama. And I proposal to build the Keystone XL pipeline, require that oil from this pipeline stay looked for what could make that which would cut through the heartland of in the United States. There’s nothing change. And you know when he spoke America. to close the tax loophole that allows at that small business, it just so hap- Returning our economy to stable growth re- tar sands oil to avoid paying for oil pened that the CEO of that small busi- quires Americans to move forward toward the cleanup. In fact, I note with some irony ness was there with him. But you know future, not back toward the past. We must put here that some members of the major- where he was 24 hours before? He was Americans to work building, implementing and ity who have spoken today in favor of right here in Congress. He was here tes- maintaining a clean energy infrastructure that

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K22MY7.064 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2874 CONGRESSIONAL RECORD — HOUSE May 22, 2013 will power the economy of tomorrow. The Key- found that job quality is better in the clean en- There are members on both sides who sup- stone pipeline is dirty energy infrastructure, re- ergy sector, which is creating medium- and port construction of the pipeline and we could flecting a generations-old approach to energy high-credential jobs at twice the rate as the work together to move this project forward, but and environmental questions. fossil fuel industry. the Keystone XL has become totally political, TransCanada Corp. is a Canadian company I urge my colleagues on both sides to vote with people using it to score points rather than that wants the Obama administration to pro- against this bill, and turn their efforts instead address some of the problems that could arise vide it with a permit to build the pipeline, to developing energy solutions for 2050—not from its construction. Today’s bill is dead on which would run oil from Canadian tar sands 1950. Sludge from tar sands is not going to arrival, but here we are once again wasting all the way through our country to the Texas get America moving again; it will simply mire the House’s time on partisan bills the Senate Gulf Coast. According to the Natural Re- us in the past. Lets’ move forward—and put a will never take up. sources Defense Council, tar sands oil is an plug in Keystone XL once and for all. When I chaired the Railroad, Pipelines, and environmental catastrophe—creating three to Mr. DINGELL. Mr. Chairman, as the House Hazardous Materials Subcommittee we held five times the global warming pollution of tradi- prepares to once again vote on legislating ap- five separate hearings concerning pipeline tional oil. proval of a presidential permit to construct the safety and found significant problems with re- After refining the oil here in the United Keystone XL pipeline, I find it disappointing porting and inspections, as well as an States, TransCanada plans to export this oil that the Majority refuses to work with Demo- unhealthy relationship between the pipeline in- for sale to other countries, enriching Cana- cratic supporters, like myself, of the pipeline. dustry and the agencies regulating them. We dians and oil companies but doing little or By attempting to legislate a process set in really need more scrutiny over the construc- nothing to decrease America’s dependence on place by President George W. Bush, the Ma- tion and operation of the Keystone Pipeline, foreign oil. In the meantime we get to store jority has succeeded in making the pipeline a not less. Deeming permits completed and sus- dirty energy waste products like petroleum political issue instead of one of unifying na- pending the Clean Water Act is a very dan- coke in our neighborhoods while we wait for tional energy independence. As a supporter of gerous precedent and will certainly make com- billionaires like the Koch brothers to ship the the Keystone XL pipeline, I oppose H.R. 3, the munities more vulnerable to the death and de- global-warming byproduct overseas to China. Northern Route Approval Act, and ask the Ma- struction that pipeline ruptures cause. Common sense demands that the president jority to instead work with the Administration to With the high unemployment rate this coun- reject this pipeline. Most Americans want our approve this project and legislate issues that try is currently facing, we should be hiring and country to be investing in energy solutions for can further enhance our energy independence training inspectors and putting contractors to the future—not outdated, polluting infrastruc- rather than playing partisan politics. work replacing this aging pipeline infrastruc- The intent of the National Environmental ture that will do nothing to solve our energy ture in this country. Gas and oil companies Policy Act (NEPA) is to provide transparency problems. have profited by over $1 trillion dollars over so communities can know the impact of According to the State Department, the total the last decade, while the infrastructure that projects on their neighborhoods. However, number of jobs projected to result from Key- brings their products to market becomes more H.R. 3 circumvents that transparency by sim- stone is 3,900 direct temporary construction unstable and more dangerous. ply deeming approved the NEPA review. H.R. jobs over a one- to two-year period, but only Every day in America we see our infrastruc- 3 also deems approved permits under the 35 permanent and 15 temporary jobs will re- ture crumbling around us. The Association of Clean Water Act and Endangered Species main after those two years of construction. Civil Engineers gave the nation’s transpor- Act. When these laws were passed, they were Those who are making the case for the tation infrastructure a grade of D. not revolutionary, they were commonsense, pipeline—TransCanada, oil lobbyists and spe- That is unacceptable, and the American and were passed on an overwhelmingly bipar- cial interest advocacy groups funded by the oil people deserve better. Let’s put people back tisan basis. One could even say these envi- lobby—are spreading misinformation about the to work on improving our entire nation’s infra- ronmental laws were so important that they numbers of jobs that would be created. Trans- structure. That’s a win for the economy and a were, in fact, nonpartisan. Allowing those Canada claims that the project will create processes to run their courses is also com- win for America’s workers. 9,000 construction jobs and 7,000 manufac- Ms. JACKSON LEE. Mr. Chair, I thank the monsense and should be nonpartisan. turing jobs; meanwhile, their spokesmen and This pipeline will eventually be built either gentleman for yielding. And I rise to speak advocates have been quoted in the media south from Canada to the Gulf Coast or west about the Keystone XL Pipeline Project and suggesting that ‘‘tens of thousands’’ or ‘‘over a to the Pacific where the Canadian oil will be the legislation before us, H.R. 3. hundred thousand’’ direct and indirect jobs sent to China. As a supporter of the pipeline Mr. Chair, the Keystone XL project pro- would be created. and American energy security, I, for one, posed by TransCanada, a Canadian company, This willful misrepresentation about jobs would prefer to see those manufacturing, con- would build new pipeline to transport Alberta numbers speaks to how little these oil industry struction, and other jobs created here in the oil sands crude and crude oil produced in leaders, and those who they are funding, actu- U.S. North Dakota and Montana to a market hub in ally care about Americans who need jobs. Allowing the process provided under these Nebraska, and from there to Gulf Coast refin- They are selling a jobs pipe dream, so they laws to unfold does not mean you have to be eries. The proposed pipeline would deliver an can build a polluting pipeline. opposed to the construction of the Keystone estimated 830,000 barrels of oil per day. One Consider the struggles of those who have XL pipeline. The majority claims that this bill is of the most appealing aspects of the project is lost their jobs in the recession. Consider the necessary to ‘‘address continued regulatory the positive economic impact it is expected to families who cannot pay their bills, who cannot uncertainty.’’ However, this bill does exactly have on the economy. access health care, who cannot send their the opposite; it circumvents the established Let me just take one State’s economy and children to college and who have lost their process and potentially opens the project to realize what would happen with this particular homes. Then consider how irresponsible it is lawsuits that will ensure the pipeline is kept in effort. There would be a $2.3 billion invest- for oil company lobbyists and their friends to the court system for years to come. ment in the Texas economy, creating more sell this pipeline using inflated job estimates. I oppose this bill, which gives special treat- than 50,000 jobs in the Houston area, pro- According to a national study from the Polit- ment to a foreign company not afforded to do- viding $48 million in State and local taxes, in- ical Economy Research Institute at the Univer- mestic companies. The House should be crease the gross State product by $1.9 billion. sity of Massachusetts Amherst, every dollar doing more to secure our country’s energy Although I favor the job creation potential of put into clean energy creates three times as independence instead of playing political the Keystone XL Pipeline project however, the many jobs as putting that same dollar into fos- games with our nation’s energy future. As a legislation contains several provisions that are sil fuels. Further, median wages are 13 per- supporter of the Keystone XL pipeline, I urge of great concern to me. cent higher in the green energy sector than you to oppose H.R. 3. First, because the pipeline would cross an those in other parts of the economy. Over the Ms. BROWN of Florida. Mr. Chair, this is international border, construction requires a past two years, jobs in the solar industry have America, and I fully believe it’s possible to presidential permit and would be subject to grown nearly 10 times faster than jobs in the build the Keystone pipeline in a way that im- applicable State laws and permitting require- rest of the economy, with only modest invest- proves our access to crude oil and puts thou- ments. ment from federal and state governments. If sands of people to work, while still protecting To issue a presidential permit, the State De- we were to commit fully to supporting clean citizens from hazardous spills. But we have to partment, after consulting with other federal energy and putting an end to global warming, hold the industry’s feet to the fire and make agencies and providing opportunities for public then we could create even more jobs. Re- sure they are taking every possible precaution comment, must determine that the project search from the Brookings Institution has in building this pipeline. would serve the national interest.

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\A22MY7.016 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2875 Because the Keystone XL project would This has been a long standing principle of ducted extensive studies and analysis of the constitute a major federal action with a poten- statutory construction, going back at least to technical aspects and of the environmental, so- tially significant environmental impact, it is also 1936, when the Supreme Court stated in Car- cial, and economic impacts of the proposed Key- subject to environmental impact statement re- stone XL pipeline. ter v. Carter Coal Co., 298 U.S. 238, 312 (6) The transportation of oil via pipeline is the quirements of the National Environmental Pol- (1936): safest and most economically and environ- icy Act, NEPA. [T]he presumption is that the Legislature mentally effective means of doing so. The bill declares that a presidential permit is intends an act to be effective as an en- (7) The Keystone XL is in much the same posi- not required for approval of the Keystone XL tirety—that is to say, the rule is against the tion today as the Alaska Pipeline in 1973 prior pipeline’s northern route from the Canadian mutilation of a statute; and if any provision to congressional action. Once again, the Federal border through Nebraska even though the be unconstitutional, the presumption is that regulatory process remains an insurmountable project crosses an international border. This is the remaining provisions fall with it. obstacle to a project that is likely to reduce oil unprecedented. This presumption becomes conclusive when imports from insecure foreign sources. Second, H.R. 3 deems that environmental Congress makes its intention clear, see Carter SEC. 3. KEYSTONE XL PERMIT APPROVAL. impact statements issued to date would be v. Carter Coal Co., 298 U.S. at 312, by includ- Notwithstanding Executive Order No. 13337 (3 considered sufficient to satisfy all requirements U.S.C. 301 note), Executive Order No. 11423 (3 ing a non-severability clause in the statute. U.S.C. 301 note), section 301 of title 3, United of the National Environmental Policy Act and My amendment would have done just that. the National Historic Preservation Act, and the States Code, and any other Executive order or Had these amendments been made in order provision of law, no Presidential permit shall be Interior Department and the U.S. Army Corps and approved, the bill before would be im- required for the pipeline described in the appli- of Engineers are deemed to have granted all proved markedly. It is my hope that there will cation filed on May 4, 2012, by TransCanada the necessary permits for the pipeline to pro- be additional opportunities to improve this leg- Keystone Pipeline, L.P. to the Department of ceed, including permits under the Migratory islation as it moves forward. The Keystone State for the Keystone XL pipeline, as supple- Bird Treaty Act. Pipeline should be built following all the nec- mented to include the Nebraska reroute evalu- As a senior member of the Committee on ated in the Final Evaluation Report issued by essary rules and laws that protect the Amer- the Judiciary, I have a problem with ‘‘deem- the Nebraska Department of Environmental ican people. ing’’ something done that has not been done Quality in January 2013 and approved by the The Acting CHAIR. All time for gen- in fact. I believe we should determine whether, Nebraska governor. The final environmental im- eral debate has expired. under the Constitution, this alters the power of pact statement issued by the Secretary of State Pursuant to the rule, the bill shall be on August 26, 2011, coupled with the Final Eval- the office of the President. uation Report described in the previous sen- Third, the bill vests exclusive jurisdiction re- considered for amendment under the 5- minute rule. tence, shall be considered to satisfy all require- garding legal disputes over the pipeline or the ments of the National Environmental Policy Act constitutionality of this bill in the U.S. Court of In lieu of the amendments in the na- ture of a substitute recommended by of 1969 (42 U.S.C. 4321 et seq.) and of the Na- Appeals for the District of Columbia and re- tional Historic Preservation Act (16 U.S.C. 470 et quires claims regarding the pipeline to be the Committees on Transportation and seq.). brought within 60 days of the action that gives Infrastructure, Energy and Commerce, SEC. 4. JUDICIAL REVIEW. rise to the claim. My amendment would have and Natural Resources, printed in the (a) EXCLUSIVE JURISDICTION.—Except for re- extended the time to one year. bill, it shall be in order to consider as view by the Supreme Court on writ of certiorari, It is unduly burdensome to require ag- an original bill for the purpose of the United States Court of Appeals for the Dis- grieved parties to bear the considerable ex- amendment under the 5-minute rule an trict of Columbia Circuit shall have original and pense and hardship of traveling from their amendment in the nature of a sub- exclusive jurisdiction to determine— homes in North or South Dakota, Nebraska, stitute consisting of the text of Rules (1) the validity of any final order or action Committee Print 113–11. That amend- (including a failure to act) of any Federal agen- Kansas, Oklahoma, or Texas to Washington, cy or officer with respect to issuance of a permit D.C. to vindicate their legal rights. ment in the nature of a substitute shall relating to the construction or maintenance of Mr. Chair, I also believe the bill before could be considered as read. the Keystone XL pipeline, including any final have been improved had more amendments The text of the amendment in the na- order or action deemed to be taken, made, grant- been made in order. ture of a substitute is as follows: ed, or issued; For example, an amendment I offered jointly H.R. 3 (2) the constitutionality of any provision of with Congressman RUSH, Jackson Lee this Act, or any decision or action taken, made, Be it enacted by the Senate and the House of granted, or issued, or deemed to be taken, made, Amendment No. 4, would have struck Section Representatives of the United States of America granted, or issued under this Act; or 4 of the bill and restored the right to full judi- in Congress assembled, cial review to aggrieved parties. (3) the adequacy of any environmental impact SECTION 1. SHORT TITLE. statement prepared under the National Environ- Another amendment I offered, Jackson Lee This Act may be cited as the ‘‘Northern Route Amendment No. 3, would have required the mental Policy Act of 1969 (42 U.S.C. 4321 et Approval Act’’. seq.), or of any analysis under any other Act, Secretary of Transportation to submit within 90 SEC. 2. FINDINGS. with respect to any action taken, made, grant- days of enactment a report to Congress identi- The Congress finds the following: ed, or issued, or deemed to be taken, made, fying the procedures and policies adopted to (1) To maintain our Nation’s competitive edge granted, or issued under this Act. ensure that women and minority business en- and ensure an economy built to last, the United (b) DEADLINE FOR FILING CLAIM.—A claim terprises are afforded the opportunity to par- States must have fast, reliable, resilient, and en- arising under this Act may be brought not later ticipate on an equitable basis in the construc- vironmentally sound means of moving energy. than 60 days after the date of the decision or ac- tion and operation of the Keystone Pipeline. In a global economy, we will compete for the tion giving rise to the claim. Had this amendment been made in order and world’s investments based in significant part on (c) EXPEDITED CONSIDERATION.—The United adopted Congress would have been provided the quality of our infrastructure. Investing in States Court of Appeals for the District of Co- the Nation’s infrastructure provides immediate lumbia Circuit shall set any action brought with helpful information needed to conduct ap- under subsection (a) for expedited consider- propriate oversight. and long-term economic benefits for local com- munities and the Nation as a whole. ation, taking into account the national interest Another amendment I offered, Jackson Lee (2) The delivery of oil from Canada, a close of enhancing national energy security by pro- amendment No. 2, would have added a non- ally not only in proximity but in shared values viding access to the significant oil reserves in severability clause to the bill, which states and ideals, to domestic markets is in the na- Canada that are needed to meet the demand for that: ‘‘if any provision or application of the leg- tional interest because of the need to lessen de- oil. islation is held to be invalid, the entire act pendence upon insecure foreign sources. SEC. 5. AMERICAN BURYING BEETLE. shall be rendered void.’’ (3) The Keystone XL pipeline would provide (a) FINDINGS.—The Congress finds that— This non-severability clause simply would both short-term and long-term employment op- (1) environmental reviews performed for the have made explicit that the component parts portunities and related labor income benefits, Keystone XL pipeline project satisfy the require- of this bill all fit together, in pari materia, so to such as government revenues associated with ments of section 7 of the Endangered Species Act speak, such that removing any one part would taxes. of 1973 (16 U.S.C. 1536(a)(2)) in its entirety; and (4) The State of Nebraska has thoroughly re- defeat the intended purpose of the bill. (2) for purposes of that Act, the Keystone XL viewed and approved the proposed Keystone XL pipeline project will not jeopardize the contin- My amendment would make very clear the pipeline reroute, concluding that the concerns ued existence of the American burying beetle or congressional intent that this bill is so deli- of Nebraskans have had a major influence on destroy or adversely modify American burying cately crafted, that it is ‘‘all or nothing.’’ the pipeline reroute and that the reroute will beetle critical habitat. Each of these provisions would be rendered have minimal environmental impacts. (b) BIOLOGICAL OPINION.—The Secretary of meaningless if any of the remaining parts is (5) The Department of State and other Federal the Interior is deemed to have issued a written invalidated. agencies have over a long period of time con- statement setting forth the Secretary’s opinion

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 6333 E:\CR\FM\A22MY7.023 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2876 CONGRESSIONAL RECORD — HOUSE May 22, 2013 containing such findings under section The text of the amendment is as fol- over 15,000 pages of environmental im- 7(b)(1)(A) of the Endangered Species Act of 1973 lows: pact assessment, which have been end- (16 U.S.C. 1536(b)(1)(A)) and any taking of the Page 2, line 18, strike ‘‘pipeline.’’ and in- lessly discussed, debated, and American burying beetle that is incidental to the sert ‘‘pipeline, and— deconstructed. Hundreds of thousands construction or operation and maintenance of (A) the Department of State assessments of public comments were made on these the Keystone XL pipeline as it may be ulti- found that the Keystone XL pipeline ‘‘is not documents, and public meetings were mately defined in its entirety, shall not be con- likely to impact the amount of crude oil pro- sidered a prohibited taking of such species held across the country in multiple duced from the oil sands’’ and that ‘‘approval States. under such Act. or denial of the proposed project is unlikely SEC. 6. RIGHT-OF-WAY AND TEMPORARY USE PER- to have a substantial impact on the rate of However, in 2012, President Obama MIT. development in the oil sands’’; rejected the first permit application The Secretary of the Interior is deemed to (B) the Department of State found that in- for the Keystone XL pipeline, claiming have granted or issued a grant of right-of-way cremental life-cycle greenhouse gas emis- that the deadline which required him and temporary use permit under section 28 of sions associated with the Keystone XL to make a decision prevented a ‘‘full the Mineral Leasing Act (30 U.S.C. 185) and the project are estimated in the range of 0.07 to assessment’’ of the pipeline’s impact. I Federal Land Policy and Management Act of 0.83 million metric tons of carbon dioxide would conclude, and I’m sure most of 1976 (43 U.S.C. 1701 et seq.), as set forth in the equivalents, with the upper end of this range application tendered to the Bureau of Land you would agree, that the State De- representing twelve one-thousandths of one partment study of Keystone XL has Management for the Keystone XL pipeline. percent of the 6,702 million metric tons of SEC. 7. PERMITS FOR ACTIVITIES IN NAVIGABLE carbon dioxide emitted in the United States gone far above and beyond the thresh- WATERS. in 2011; and old required of a ‘‘full assessment.’’ In (a) ISSUANCE OF PERMITS.—The Secretary of (C) after extensive evaluation of potential fact, this unprecedented degree of scru- the Army, not later than 90 days after receipt of impacts to land and water resources along tiny has led many to conclude that the an application therefor, shall issue all permits the Keystone XL pipeline’s 875 mile proposed Keystone XL is the most studied pipe- under section 404 of the Federal Water Pollution route, the Department of State found that line in our Nation’s history. Control Act (33 U.S.C. 1344) and section 10 of ‘‘The analyses of potential impacts associ- Despite this exhaustive environ- the Act of March 3, 1899 (33 U.S.C. 403; com- ated with construction and normal operation mental review, the administration has monly known as the Rivers and Harbors Appro- of the proposed Project suggest that there priations Act of 1899), necessary for the con- yet to make a decision on a project would be no significant impacts to most re- that will create American jobs, stimu- struction, operation, and maintenance of the sources along the proposed Project route (as- pipeline described in the May 4, 2012, applica- suming Keystone complies with all laws and late the economy, and enhance our en- tion referred to in section 3, as supplemented by required conditions and measures).’’.’’. ergy security. In the meantime, oppo- the Nebraska reroute. The application shall be Page 2, line 21, strike ‘‘of doing so.’’ and in- nents of the project continue to rely on based on the administrative record for the pipe- sert ‘‘of doing so, and— false assumptions and misconceptions line as of the date of enactment of this Act, (A) transportation of oil via pipeline has a to urge its rejection. which shall be considered complete. record of unmatched safety and environ- My amendment simply sets the (b) WAIVER OF PROCEDURAL REQUIREMENTS.— mental protection, and the Department of record straight on these accounts by The Secretary may waive any procedural re- State found that ‘‘Spills associated with the quirement of law or regulation that the Sec- adding findings from our own State De- proposed Project that enter the environment partment that attest to the safety and retary considers desirable to waive in order to expected to be rare and relatively small’’, accomplish the purposes of this section. and that ‘‘there is no evidence of increased environmental soundness of this (c) ISSUANCE IN ABSENCE OF ACTION BY THE corrosion or other pipeline threat due to vis- project. SECRETARY.—If the Secretary has not issued a cosity’’ of diluted bitumen oil that will be There are those who oppose the permit described in subsection (a) on or before transported by the Keystone XL pipeline; project who say it hasn’t been studied the last day of the 90-day period referred to in and enough—that’s laughable. That we are subsection (a), the permit shall be deemed issued (B) plans to incorporate 57 project-specific proceeding hastily—41⁄2 years and 15,000 under section 404 of the Federal Water Pollution special conditions related to the design, con- pages prove otherwise. Others allege Control Act (33 U.S.C. 1344) or section 10 of the struction, and operations of the Keystone XL Act of March 3, 1899 (33 U.S.C. 403), as appro- that the pipeline is a safety risk. The pipeline led the Department of State to find State Department findings prove these priate, on the day following such last day. that the pipeline will have ‘‘a degree of safe- (d) LIMITATION.—The Administrator of the ty over any other typically constructed do- allegations unfounded. In fact, the Environmental Protection Agency may not pro- mestic oil pipeline’’.’’. State Department concluded that it hibit or restrict an activity or use of an area The Acting CHAIR. Pursuant to has 57 extra safety features, and with that is authorized under this section. House Resolution 228, the gentleman that, the Keystone XL would have a de- SEC. 8. MIGRATORY BIRD TREATY ACT PERMIT. gree of safety over any other domestic from Texas (Mr. WEBER) and a Member The Secretary of the Interior is deemed to opposed each will control 5 minutes. pipeline. have issued a special purpose permit under the There are those who try to argue Migratory Bird Treaty Act (16 U.S.C. 703 et The Chair recognizes the gentleman. Mr. WEBER of Texas. Mr. Chairman, that the pipeline would threaten water seq.), as described in the application filed with resources, wildlife, and the commu- the United States Fish and Wildlife Service for thank you for recognizing me to speak the Keystone XL pipeline on January 11, 2013. in favor of my amendment on this very nities along the route. However, the State Department disagrees, con- The Acting CHAIR. No amendment important legislation. I want to thank Mr. TERRY for lead- cluding there would be ‘‘no significant to that amendment in the nature of a impacts’’ to resources along the pro- substitute shall be in order except ing on an issue that is crucial to our economic recovery and our energy fu- posed route. those printed in House Report 113–88. ture. Rather than wait around for fur- Some insist that the pipeline will Each such amendment may be offered ther delays—1,700 days and counting— lead to increased greenhouse gas emis- only in the order printed in the report, and excuses from the President, Mr. sions and that halting the project will by a Member designated in the report, TERRY has taken action to deliver the somehow combat global warming or re- shall be considered read, shall be de- jobs and energy security that this ad- duce carbon emissions. However, the batable for the time specified in the re- ministration so frequently promises to State Department’s estimates of incre- port equally divided and controlled by the American people. mental emissions associated with the the proponent and an opponent, shall Last week marked 1,700 days, that’s project are marginal, and they would not be subject to amendment, and shall 4.65 years, since the first permit appli- have negligible impact on climate not be subject to a demand for division cation was filed for Keystone. Let me change, if any. Moreover, the State De- of the question. put that in perspective. I have a grand- partment concluded that Canadian oil AMENDMENT NO. 1 OFFERED BY MR. WEBER OF daughter who will be 2 years old in sands production will continue regard- TEXAS July. Had she been born when this per- less of whether or not we build the The Acting CHAIR. It is now in order mit was filed, she would be entering Keystone. A global oil market and the to consider amendment No. 1 printed in kindergarten this coming fall. Her statements of Canadian officials rein- House Report 113–88. name is Kate Liberty, by the way. force this reality. Mr. WEBER of Texas. Mr. Chairman, She’s the cutest thing this side of the The science supports approval of I have an amendment at the desk. Atlantic. Keystone XL, and I agree. Given the The Acting CHAIR. The Clerk will During that time, the State Depart- facts, I see no reason the administra- designate the amendment. ment has produced, as the whip said, tion should make the American people

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.015 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2877 wait any longer for a project whose of the planned pipeline projects out of help Canadian oil production, and we construction will support up to 40,000 Western Canada go ahead.’’ ought to say ‘‘no.’’ jobs and generate $2 billion in earnings. And here’s what AJM Petroleum I yield back the balance of my time. Mr. Chairman, I reserve the balance Consultants have said: ‘‘Unless we get The Acting CHAIR. The question is of my time. increased market access, like with on the amendment offered by the gen- Mr. WAXMAN. Mr. Chairman, I rise Keystone XL, we’re going to be stuck. tleman from Texas (Mr. WEBER). to claim the time in opposition to this Our production is going to be the one The question was taken; and the Act- amendment. backed out of the system.’’ ing Chair announced that the ayes ap- The Acting CHAIR. The gentleman And here’s what the former editor of peared to have it. from California is recognized for 5 min- Oilweek said: ‘‘Essential to dimin- Mr. WEBER of Texas. Mr. Chairman, utes. ishing hopes for an oil sands bonanza I demand a recorded vote. Mr. WAXMAN. This amendment se- are three proposed pipelines.’’ The Acting CHAIR. Pursuant to lects some statements from the State The Canadian Energy Research Insti- clause 6 of rule XVIII, further pro- Department’s draft supplemental Envi- tute said, ‘‘with Keystone XL in place ceedings on the amendment offered by ronmental Impact Statement to try to and operating at capacity, bitumen the gentleman from Texas will be post- suggest that the Keystone XL tar sands production could increase substan- poned. pipeline poses no threat to the environ- tially.’’ AMENDMENT NO. 2 OFFERED BY MR. WAXMAN ment. I only wish that were the case. Keystone XL Pipeline is the key to The Acting CHAIR. It is now in order This is a matter of basic chemistry. enabling a massive increase in tar to consider amendment No. 2 printed in Tar sands don’t contain oil. It takes a sands production and locking in our de- House Report 113–88. lot of energy to melt and process the pendence on this very dirty oil. This Mr. WAXMAN. Mr. Chairman, I seek tar sands into something that we can would be catastrophic for the climate. recognition in support of the amend- use like oil. That extra energy means This amendment tries to downplay ment. more carbon pollution. the climate impacts of Keystone XL, The Acting CHAIR. The Clerk will The State Department estimated but even under the State Department’s designate the amendment. that a gallon of gasoline from tar sands flawed analysis, there isn’t another The text of the amendment is as fol- is responsible for about 17 percent more project in America with bigger climate lows: carbon pollution than the average U.S. impacts. Page 3, after line 2, insert the following gallon of gasoline. And it estimated I urge a ‘‘no’’ vote on this Weber new paragraph: that shifting to tar sands crude could amendment and on H.R. 3. (8) The Draft Supplemental Environmental add as much U.S. carbon pollution as I reserve the balance of my time. Impact Statement for the Keystone XL 4.5 million more vehicles. Not surpris- Mr. WEBER of Texas. Mr. Chairman, Project issued by the Department of State ingly, these findings are not in this how much time is remaining? on March 1, 2013, finds that ‘‘the reliance on amendment. oil sands crudes for transportation fuels The Acting CHAIR. The gentleman would likely result in an increase in incre- b 1610 from Texas has 1 minute remaining. mental greenhouse gas emissions’’ in com- But the real problem with this Mr. WEBER of Texas. Well, I appre- parison to the greenhouse gas emissions amendment isn’t what it leaves out. ciate the gentleman from California’s from the crude oils used in the United The real problem is that it tries to comments. It’s interesting that we are States, as measured over the full life-cycle of going to belie the State Department’s the fuels. The Draft Supplemental Environ- argue that the Keystone XL tar sands mental Impact Statement finds that based pipeline does not pose real and serious assessment when it’s not advantageous to the argument, but we’re going to try on the quantity of tar sands crude to be environmental harm, and that’s dan- transported by the Keystone XL pipeline, gerously wrong. to rely on it when it’s advantageous. there could be up to 20.8 million metric tons The fact is we may be able to avoid It’s admirable that he’s concerned of carbon dioxide-equivalent emissions addi- the worst consequences of climate about the cost per barrel of bitumen. I tional per year, which is equivalent to the change or we may be able to fully de- own a small business and, by golly, the annual emissions from 4,312,500 passenger ve- velop the tar sands without capturing oil companies that produce jobs and hicles. At the end of the bill, add the following the carbon, but we can’t have both. wealth for this company will decide on whether it’s too costly. new section: And building Keystone XL is critical to SEC. 9. OFFSETTING CLIMATE CHANGE IMPACTS. oil companies’ plans to triple produc- The previous gentleman from New Jersey said there was no proof that This Act shall not become effective unless tion of the tar sands. the President finds that the additional The State Department’s review rests even the oil would stay here in this greenhouse gas emissions from the increased on a key assumption. They assumed country. Well, I submit this to you, Mr. use of tar sands crude referenced in section that if Keystone XL isn’t built, the ad- Chairman, and esteemed Members. To 2(8) will be fully offset by TransCanada or ditional tar sands production would be what company do we say, We don’t tar sands producers through an equal quan- moved by rail. They also assumed that want you exporting your products? Do tity of additional greenhouse gas emissions the extra costs of rail wouldn’t be high you tell Nike that? Do you tell Ford reductions each year. enough to affect investments in new that? Who do you tell that? The Acting CHAIR. Pursuant to tar sands projects. And then to his statement that it’s House Resolution 228, the gentleman With all due respect to the State De- going to increase greenhouse gases, the from California (Mr. WAXMAN) and a partment, this is one case where many experts have done the math, and Member opposed each will control 5 experts think they have just got it they’ve come up with, if at all, it raises minutes. wrong. A recent Reuters report found 1/100,000th of a degree Fahrenheit in The Chair recognizes the gentleman big flaws in the State Department’s global warming. from California. analysis. Among other things, State And finally, we heard testimony from Mr. WAXMAN. Mr. Chairman, this assumed that rail shipment would cost the experts in our hearing, saves 400 to month we passed a grim milestone. Sci- about $10 per barrel, but current costs 500 trucks a day off the highway. entists recorded atmospheric con- are closer to $30 per barrel. I yield back the balance of my time. centration of carbon dioxide of more The former Alberta Energy Minister Mr. WAXMAN. Mr. Chairman, and than 400 parts per million. The last said, ‘‘If there’s something that kept my colleagues, the issue is, if we don’t time carbon dioxide concentrations me up at night, it would be the fear build this pipeline, can that tar sands were at that level was 3 million years that before too long we’re going to be oil be trucked? Can it be taken to mar- ago. Seas were 60 feet higher, and landlocked in bitumen.’’ ket? And I submit that if it’s not, if we human beings did not even exist. This A Deloitte report said, ‘‘Unless key don’t build this tar sands pipeline, milestone is yet another urgent re- transportation challenges are over- they’re not going to be able to afford to minder that we need to take immediate come, that new oil will have nowhere truck it anywhere else. action to build a clean energy, low-car- to go.’’ They’re trying to get us to help bail bon future. And here’s TD Economics: ‘‘Produc- them out with this dirty tar sands oil The Keystone XL pipeline takes us tion growth cannot occur unless some so they can use the United States to precisely in the wrong direction. This

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.069 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2878 CONGRESSIONAL RECORD — HOUSE May 22, 2013 pipeline will expedite production of the I urge my colleagues to support this used as a tool to further delay it. dirtiest and most carbon-intensive amendment and to vote ‘‘no’’ on the That’s how we’ve reached that conclu- crude oil on the planet and lock in our final bill. sion. They’ve used so many things to dependence on this dirty fuel for dec- I reserve the balance of my time. delay this already that we’re just sus- ades to come. I’m strongly opposed to Mr. TERRY. Mr. Chairman, I rise to picious that this would be another op- the Keystone XL pipeline for that rea- claim the time in opposition. portunity. son. The Acting CHAIR. The gentleman I yield back the balance of my time. But if the House is going to pass a from Nebraska is recognized for 5 min- The Acting CHAIR. The question is bill that approves the Keystone XL utes. on the amendment offered by the gen- Mr. TERRY. Mr. Chair, I reserve the pipeline, the least we can do is try to tleman from California (Mr. WAXMAN). minimize the harm. That’s the point of balance of my time. The question was taken; and the Act- The Acting CHAIR. The gentleman this amendment. ing Chair announced that the noes ap- form California has 1 minute remain- Tar sands don’t contain oil. It takes peared to have it. a lot of energy to melt and process the ing. Mr. WAXMAN. Mr. Chairman, who Mr. WAXMAN. Mr. Chairman, I de- tar sands into something that we can has the right to close on this amend- mand a recorded vote. use like oil. That extra energy means ment? The Acting CHAIR. Pursuant to more carbon pollution. This isn’t in The Acting CHAIR. The gentleman clause 6 of rule XVIII, further pro- dispute, although we hear arguments from Nebraska has the right to close ceedings on the amendment offered by that it is, but it is not in dispute. on this amendment. the gentleman from California will be The State Department has estimated Mr. WAXMAN. My colleagues, I postponed. that a gallon of gasoline from tar sands think this amendment says if you’re AMENDMENT NO. 3 OFFERED BY MR. JOHNSON OF is responsible for about 17 percent more going to go ahead with this pipeline, at GEORGIA carbon pollution than the average U.S. least look for other ways to reduce car- The Acting CHAIR. It is now in order gallon of gasoline. Other studies sug- bon emissions. Put the burden on the to consider amendment No. 3 printed in gest that numbers could be even high- Keystone XL pipeline producers and House Report 113–88. er. Alberta, Canada. Don’t just accept all Mr. JOHNSON of Georgia. Mr. Chair- To protect our Nation from droughts, the pollution if it can be minimized by man, I have an amendment at the desk. wildfires, and extreme weather, we our carbon reductions. That will help The Acting CHAIR. The Clerk will need to be reducing carbon pollution. reduce the harm that this whole designate the amendment. But, according to the State Depart- project will cause for the climate The text of the amendment is as fol- ment, using tar sands crude from Key- change that’s threatening us and that lows: stone XL could increase U.S. carbon we’re seeing today throughout this Page 3, line 4, insert ‘‘(a) IN GENERAL.—’’ pollution by up to 20 million metric country everyday in the news. It will before ‘‘Notwithstanding Executive’’. tons per year. That’s why the Keystone help minimize aggravating that prob- Page 3, after line 21, insert the following pipeline is a huge step in the wrong di- lem. new subsection: rection. It’s not a solution, but it’s a way (f) REQUIRED STUDY.—Notwithstanding My amendment simply holds Trans- subsection (a), final approval of construction that we can say that if we’re going to and operation of the Keystone XL pipeline Canada and the tar sands producers ac- have the XL pipeline, at least get some countable for their carbon pollution. It shall not occur until the President has deter- offsets on carbon so that we’re not just mined that the appropriate Federal agency says that they have to reduce other increasing it to the maximum levels has completed a study of the health impacts carbon pollution to offset the extra possible of all the greenhouse gases of increased air pollution in communities pollution from Keystone XL. This that are going into the air. near refineries that will process up to 830,000 won’t get us closer to meeting our cli- I urge support for this amendment, barrels per day of tar sands crude trans- mate goals and building a clean energy and I yield back the balance of my ported through the Keystone XL pipeline, in- future, but at least we won’t be in- time. cluding an assessment of the cumulative air creasing the U.S. carbon pollution. Mr. TERRY. There are two realities pollution impacts on these communities, This amendment is not a cure-all. many of which already experience unhealthy here. Number one is that on the proc- levels of air pollution. Approving Keystone XL will allow the ess of obtaining the bitumen, the crude The Acting CHAIR. Pursuant to oil industry to triple tar sands produc- that comes and will be put into the House Resolution 228, the gentleman tion. During the Energy and Commerce pipeline, that process is becoming more from Georgia (Mr. JOHNSON) and a Committee hearing on this bill, we efficient all the time and decreasing its Member opposed each will control 5 heard testimony that there’s no plau- carbon footprint. But what’s produced minutes. sible scenario in which tar sands pro- is equal to a heavy crude. That’s what The Chair recognizes the gentleman duction triples and we don’t avoid a the State Department, under the ap- from Georgia. catastrophic level of climate change. propriate rules, stated or concluded, Mr. JOHNSON of Georgia. This bill is So make no mistake; even with this based on the environmental impact about profits over people. This bill puts amendment, the Keystone XL pipeline studies. It is, in essence, equal to what the Koch brothers’ profits above peo- would be a disaster for the climate, but we’re importing from Venezuela today. ple’s health. this amendment would help. It would In essence, it’s neutral. That’s the No one knows how much air pollu- minimize extra carbon pollution. It State Department’s own conclusions tion this pipeline will cause or how the would send a message to the tar sands and analysis—that it would have no pollution will impact public health. My producers and Alberta that they need real impact on climate change. So the amendment, which has been endorsed to do a lot more to address climate study has been completed and this by the National Resources Defense change, and it would signal that the amendment is not necessary. It’s just Council and by the Sierra Club, is com- United States Government takes the another way to keep delaying. threat of climate change seriously. I would request a ‘‘no’’ vote. mon sense. I’m simply requesting a thorough analysis of the potential b 1620 Mr. WAXMAN. Will the gentleman yield for a question? health risks. I am essentially asking We need to start holding oil execu- Mr. TERRY. I yield to the gentleman that that analysis be completed before tives accountable for the pollution that from California. any decision is made on the pipeline. is threatening our health and welfare. Mr. WAXMAN. How will this delay Even though the State Department We need to make the polluters ac- the project? It simply says, as they de- has submitted two Environmental Im- countable for the damage they are in- velop this pipeline, they have to look pact Statements on the Keystone XL flicting on our children and our grand- for other ways. They can then start fig- pipeline, the Environmental Protection children. Our generation has an obliga- uring that out without delaying the Agency has found that neither state- tion to protect the Earth for future project, as I understand it. ment included a satisfactory evalua- generations. This amendment is at Mr. TERRY. We interpreted that re- tion of the increased air pollution that least a small step in that direction. questing that information could be would come as a result of the pipeline’s

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.074 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2879 operation. Communities surrounding The gentleman from Georgia men- 75 percent of our country’s crude oil the oil refineries that would be trans- tioned that the two entities that are and 60 percent of all of its petroleum porting raw tar sands crude through encouraging this amendment are the products. This important network con- this proposed pipeline are already ex- two entities that have been at the fore- nects our power plants, ports, refin- posed to dirty air. Approval of the Key- front of causing most of these delays, eries, airports, and military bases. stone XL pipeline will only make it so it’s no surprise to me that the Si- While these pipelines are no doubt worse. erra Club and the NRDC are throwing critical to the U.S. energy supply, we The raw tar sands crude is more toxic another tool out there to continue must also recognize the potential and acidic than other types of crude, these delays. That’s the whole purpose. threat. Sadly, as the recent bombing in Mr. Chairman. Raw tar sands crude After 1,700 days, almost 5 years, three Boston—my hometown—demonstrated, produces significantly more harmful major environmental studies on this America must always be on the alert to pollutants and greenhouse gas emis- pipeline, it’s time to just get this done. a terrorist attack on our own soil, sions than conventional crude oil due Enough is enough. sometimes even a native-born one. All to the complex refining process it must I yield back the balance of my time. it takes is a few bad actors to inflict go through before it reaches the gas The Acting CHAIR. The question is terrible damage. Unfortunately, our pumps. on the amendment offered by the gen- Nation’s pipelines remain an easy tar- As this type of crude has only been tleman from Georgia (Mr. JOHNSON). get. exported to the United States from The question was taken; and the Act- Both domestically and globally, pipe- Canada for a relatively short period of ing Chair announced that the noes ap- lines have been a favorite of terrorists. time, there has not been a thorough peared to have it. There have been attempted attacks on study on how its transport would affect Mr. JOHNSON of Georgia. Mr. Chair- pipelines throughout the world, includ- air quality in our Nation. It is trou- man, I demand a recorded vote. ing in Colombia, Canada, London, Nige- bling that the construction of the Key- The Acting CHAIR. Pursuant to ria, and Mexico, to name a few. The stone XL pipeline, which would trans- clause 6 of rule XVIII, further pro- Cano Limon oilfield in Colombia has port 900,000 barrels of this crude oil ceedings on the amendment offered by been bombed more than 950 times since daily, should take place before such a the gentleman from Georgia will be 1993, for example. Here in the United States, fortu- study that would evaluate its effects postponed. nately, we don’t face that kind of on health has ever been done. We have AMENDMENT NO. 4 OFFERED BY MR. CONNOLLY threat every day, but the threat is still a responsibility to the American people The Acting CHAIR. It is now in order real. Since September 11, Federal au- to properly assess what risks the con- to consider amendment No. 4 printed in thorities have continued to acknowl- struction of this pipeline may pose to House Report 113–88. edge that our pipelines are a possible our health. It would be irresponsible of Mr. CONNOLLY. Mr. Chairman, I target. us to sweep these concerns under the have an amendment at the desk. In June of 2007, the Department of rug just to rush this project to the fin- The Acting CHAIR. The Clerk will Justice actually arrested members of ish line. designate the amendment. another terrorist group planning to at- Valid questions have been raised The text of the amendment is as fol- tack jet fuel pipelines in storage con- about the health risks associated with lows: tainers at JFK Airport in New York; in the increased air pollution this pipe- Page 3, line 4, insert ‘‘(a) IN GENERAL.—’’ 2011, a U.S. citizen was arrested for line will produce. These questions de- before ‘‘Notwithstanding Executive Order’’. planting an improvised explosive de- Page 3, after line 21, insert the following serve legitimate answers. For this rea- vice under a pipeline in Oklahoma; and son, I’m requesting a study on the new subsection: (b) THREAT ASSESSMENT.—Subsection (a) in June of 2012, a man was arrested for health impacts of raw tar sands crude shall not apply until the Pipeline and Haz- trying to blow up a pipeline in Texas. pollution in our communities sur- ardous Materials Safety Administration, in Even a single individual with a rounding the refineries where the Key- consultation with the Department of Home- grudge can wreak havoc with a pipeline stone XL pipeline will operate. I urge land Security, conducts a study of the and cause substantial harm. In 2001, a my colleagues to share my commit- vulnerabilities of the pipeline to terrorist at- vandal armed with a high-powered rifle ment to safeguarding Americans’ tack and certifies that the necessary protec- shot at a section of the trans-Alaska tions have been put in place so that the pipe- health, and I ask that you approve my pipeline, causing extensive economic amendment and allow for such a study line would withstand such an attack and a spill resulting from such an attack. and environmental damage. to be done before we make any decision Recognizing that this threat is real, on the pipeline’s construction. The Acting CHAIR. Pursuant to my simple amendment asks that the I reserve the balance of my time. House Resolution 228, the gentleman Pipeline and Hazardous Materials Safe- Mr. TERRY. Mr. Chairman, I rise to from Virginia (Mr. CONNOLLY) and a ty Administration work with Home- claim the time in opposition. Member opposed each will control 5 land Security to study the vulnerabili- The Acting CHAIR. The gentleman minutes. ties of the Keystone pipeline and cer- The Chair recognizes the gentleman from Nebraska is recognized for 5 min- tify that protections are put in place to from Virginia. utes. withstand such attacks. Mr. TERRY. And I reserve the bal- Mr. CONNOLLY. Mr. Chairman, I rise If constructed, the Keystone will rep- ance of my time. in support of this commonsense amend- resent a 1,700-mile target. The very Mr. JOHNSON of Georgia. I yield ment that seeks to protect the pipeline least we can do, if we’re going to do back the balance of my time. from a possible terrorist attack and to that, is to ensure we have protections Mr. TERRY. I rise in opposition to ensure our national security. in place to protect both the source of the study. It requires another addi- This simple amendment requests our energy and our national security. tional study around the refineries. that the Pipeline and Hazardous Mate- I reserve the balance of my time. Keep in mind that the refineries have rials Safety Administration, in con- Mr. SHUSTER. Mr. Chairman, I rise already been through extensive re- sultation with the Department of in opposition to this amendment. search and studies to obtain their per- Homeland Security, consistent with its The Acting CHAIR. The gentleman mits. Yes, many of the refineries are existing MOU, conduct a study of the from Pennsylvania is recognized for 5 expanding right now, also under the tu- vulnerabilities of the Keystone XL minutes. telage and permitting processes of the pipeline to a terrorist attack and cer- Mr. SHUSTER. I do rise in opposition EPA. tify that necessary protections have to the amendment. been put in place. My good friend from Virginia, I un- b 1630 Across the United States, more than derstand his need to make sure that They’re already being studied. It’s a half million miles of pipelines trans- our pipelines are safe, but this amend- not necessary to then include it as a port natural gas, oil, and other haz- ment is redundant of existing Trans- condition precedent to the construc- ardous liquids. Within this network, portation Security Administration tion of the Keystone pipeline, which is nearly 180,000 miles of pipeline carry guidelines. It’s unnecessary and simply the essence of what this bill does. hazardous liquids, including more than attempts to further delay the project.

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.077 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2880 CONGRESSIONAL RECORD — HOUSE May 22, 2013 TSA guidelines bring a risk-based ap- Mr. RAHALL. Mr. Chairman, I’m of- route for this permit that were re- proach to the application of the secu- fering this amendment on behalf of my- quired. So I want to make that clear. rity measures throughout the pipeline self and PETER DEFAZIO of Oregon. And the other point that I would like industry. As stated in the National In- This amendment simply strikes sec- to make is the language that’s taken in frastructure Protection Plan, DHS as- tion 3 of the bill. This is the section this bill about deeming it in the na- sesses risk as a function of threats, which states that the Keystone XL tional interest and deeming the envi- vulnerabilities, and consequences. With pipeline does not require a permit to ronmental studies—as they’ve been this in mind, the most effective secu- cross the international border between done for this route in total—have been rity programs employ a risk manage- Canada and the United States. Under done before, including the language ment process that facilitates protec- this amendment, all other provisions of taken out of a bill that the gentleman tive planning and decisionmaking to the bill remain intact, including those that’s speaking right now supported in mitigate the risk for pipeline assets. relating to judicial review, rights-of- 2004. The operator’s risk assessment meth- way, and the Clean Water Act. Mr. RAHALL. Mr. Chairman, I appre- odology is subject to review by the I believe that getting into the busi- ciate the gentleman from Nebraska’s TSA. Therefore, risk and vulnerability ness of waiving permits for a foreign comments. I understand the EIS to to pipelines are already covered under company to do business here in the which he refers was done for the State current guidelines. There is no need to United States is not the way to facili- of Nebraska, but not for the current specifically single out this pipeline for tate the construction of this pipeline. pending application. further study. American interests are at stake here, I yield the balance of my time to the Clearly, this is intended to delay the and to allow this extremely massive cosponsor of the amendment, the gen- Keystone pipeline from being built, so I pipeline project to proceed without a tleman from Oregon (Mr. DEFAZIO). urge a ‘‘no’’ vote and yield back the permit is ludicrous. As I said in com- The Acting CHAIR. The gentleman balance of my time. ments earlier today, we do not even do from Oregon is recognized for 3 min- Mr. CONNOLLY. I would simply say that for domestic companies here in utes. in response to my friend from Pennsyl- this country. Mr. DEFAZIO. I thank the gentleman vania, for whom I have great respect, Section 3 also creates a very con- for yielding on this. that this is not redundant because the voluted and confusing regime. It ref- I spoke earlier today. This is the sev- review process looks at a lot of erences a final Environmental Impact enth attempt by this House to expe- things—stress, corrosion, improper op- Statement issued on August 26, 2011, as dite, or now in this case, we are not ex- eration, weather-related disaster, even satisfying NEPA for the project. Yet pediting permitting, we are mandating vandalism. It does not, however, ad- that EIS was done for a different per- permitting. dress acts of terrorism. That is why I mit application than the one currently The gentleman just said that there’s do not believe that my amendment is pending. some disagreement here. The bill clear- redundant. b 1640 ly states that it’s the 2011 DEIS which Frankly, in light of recent events in is deemed to be sufficient which does I repeat: that EIS was done for a dif- this country, we must double-check not contain the current routing for the ferent permit application than the one and be double sure that that which we line. that’s currently pending. build as sensitive as a pipeline is se- We could create somewhat of an ex- In February 2012 TransCanada split cure. I think Americans are entitled to traordinary precedent here. We could the project into two pieces—the north- that extra security. I don’t consider it just have one generic national pipeline ern route and the southern route. The a redundancy, and I urge passage of the EIS that was done somewhere for company then on May 4, 2012, reapplied amendment. something and went through the proc- for a permit for the revised route, lim- With that, I yield back the balance of ess and was approved and then deemed iting it to the northern route that is my time. that any other pipeline that wants to the subject of H.R. 3. The Acting CHAIR. The question is Yet the pending legislation ref- be built can use that generic pipeline on the amendment offered by the gen- erences an EIS from August 2011— permit. That would certainly expedite tleman from Virginia (Mr. CONNOLLY). again, for an entirely different permit things. The question was taken; and the Act- Mr. TERRY. Will the gentleman application. ing Chair announced that the noes ap- As a supporter of the Keystone pipe- yield on that point? peared to have it. line, I find it difficult to see how this Mr. DEFAZIO. No, I’m sorry, I don’t Mr. CONNOLLY. Mr. Chairman, I de- convoluted process set forth in section have enough time. mand a recorded vote. We would just deem that pipelines 3 would facilitate its construction. The Acting CHAIR. Pursuant to I reserve the balance of my time. anywhere and everywhere met national clause 6 of rule XVIII, further pro- Mr. DENHAM. Mr. Chairman, I rise interest, public safety, and that. ceedings on the amendment offered by to claim time in opposition to the I also raised the point earlier that the gentleman from Virginia will be amendment this will transport tar sands oil postponed. The Acting CHAIR. The gentleman through a pipeline which the IRS has AMENDMENT NO. 5 OFFERED BY MR. RAHALL from California is recognized for 5 min- deemed not to be oil, so it won’t pay The Acting CHAIR. It is now in order utes. the normal excise tax to go to the trust to consider amendment No. 5 printed in Mr. DENHAM. I yield 2 minutes to fund which takes care of leaks, like the House Report 113–88. the gentleman from Nebraska (Mr. one we just recently had in Kansas. It Mr. RAHALL. Mr. Chairman, I have TERRY). will go to a tax-free export zone to a an amendment at the desk designated Mr. TERRY. Mr. Chairman, I want to refinery half owned by Saudi Arabia as amendment No. 5 in the rule. clarify that that was done for a dif- and this will bring us energy independ- The Acting CHAIR. The Clerk will ferent permit. The study that was ence. Independence from whom? designate the amendment. done—that’s referenced in there—is the Every time we pump another barrel, The text of the amendment is as fol- environmental study and the requested the Saudis and OPEC drop a barrel. lows: supplemental for the route, except for They’re keeping the price up. There is Strike section 3 of the committee print the State of Nebraska. no free market in oil. You guys all (and redesignate subsequent sections accord- There’s another sentence in there know that. This is not going to save ingly). that he didn’t mention and that is in Americans one penny at the pump. The Acting CHAIR. Pursuant to the now second supplemental for the If you want to save Americans money House Resolution 228, the gentleman State of Nebraska new review. There at the pump, let’s go after the specu- from West Virginia (Mr. RAHALL) and a was an earlier statement that there lators on Wall Street who are adding 75 Member opposed each will control 5 was never one done under Nebraska. cents or $1 to the price of a gallon of minutes. That’s just absolutely false. gas. Let’s go after the collusion by the The Chair recognizes the gentleman The reality is we’ve done all of the oil companies that shut down all the from West Virginia. environmental statements on this refineries all at once every year at the

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.080 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2881 beginning of the refining season for gressional authority—for us to be able amendment does not affect or delay periodic maintenance, which they to pass legislation to move things for- construction of the pipeline. couldn’t predict was going to happen, ward, and in this case to move this Whether you support the pipeline or or sometimes there’s a little accident. pipeline forward. This permit as proc- not, section 7 goes far beyond that. It Except it turned out last year with an essed will set up an executive order would require the Corps to grant any investigation they weren’t really shut taking away congressional authority. permit request for operation and main- down—they just jacked up the price 50 So I am very, very proud and pleased to tenance of the pipeline for all eternity. cents a gallon like they always do. stand here today and to urge my col- We do not provide this special treat- So to pretend that somehow by deem- leagues to take a vote today to take ment to any other pipeline operator in ing this to be sufficient, mandating back part of our constitutional con- the U.S. Domestic companies are re- that it happen, allowing a foreign com- gressional authority, move this pipe- quired to go through the proper process pany to build this pipeline across the line forward, creating jobs, giving us for obtaining permits for construction, United States of America, transport more energy security in the world. operation, and maintenance activities. tar sands oil to a refinery half owned Mr. DENHAM. Mr. Chairman, I urge b 1650 by the Saudis to be exported out of the a ‘‘no’’ vote and yield back the balance United States, perhaps to China—over of my time. Why would we treat a foreign com- there you are saying, oh, we don’t want The Acting CHAIR. The question is pany differently and give it a free pass to go to China. Well, it may well go to on the amendment offered by the gen- through a multidecade lifespan of the China and go through the Panama tleman from West Virginia (Mr. pipeline? Canal. You’re not going to stop that, RAHALL). My amendment would eliminate this and it’s going to save the American The question was taken; and the Act- reckless loophole and a few others to taxpayers money at the pump and put ing Chair announced that the noes ap- ensure that all operations and mainte- people to work. Yes, there will be tem- peared to have it. nance activities on this pipeline, porary construction jobs. Mr. RAHALL. Mr. Chairman, I de- should it be built, are subject to the But we can do better, particularly as mand a recorded vote. same review and mitigation require- this committee. If we made the invest- The Acting CHAIR. Pursuant to ments that the other 2.6 million miles ments we need to make in our water clause 6 of rule XVIII, further pro- of pipeline in the United States must infrastructure, our port infrastructure, ceedings on the amendment offered by meet. our roads, bridges, highways, and tran- the gentleman from West Virginia will I urge Members to support this sit systems, we can put millions of peo- be postponed. amendment, and I reserve the balance ple to work permanently in this coun- AMENDMENT NO. 6 OFFERED BY MS. ESTY of my time. try and rebuild our infrastructure and The Acting CHAIR. It is now in order Mr. DENHAM. Mr. Chairman, I claim once again claim world leadership to consider amendment No. 6 printed in time in opposition to the amendment. there. We’ve got better things for this House Report 113–88. The Acting CHAIR. The gentleman committee to be doing. Ms. ESTY. Mr. Chairman, I have an from California is recognized for 5 min- Mr. RAHALL. I yield back the bal- amendment at the desk. utes. ance of my time. The Acting CHAIR. The Clerk will Mr. DENHAM. This amendment Mr. DENHAM. Mr. Chairman, I yield designate the amendment. would further delay the Keystone XL myself the balance of my time. The text of the amendment is as fol- pipeline and create additional uncer- The Acting CHAIR. The gentleman lows: tainty for the project. This amendment from California is recognized for 4 min- Page 4, line 6, strike ‘‘or maintenance’’. would basically gut the bill by allowing utes. Page 5, line 23, strike ‘‘or operation and the construction but not the operation Mr. DENHAM. This amendment guts maintenance’’. of the pipeline. It makes absolutely no the bill by eliminating the section Page 6, beginning on line 18, strike ‘‘, oper- sense for the Federal Government to that, one, declares that no Presidential ation, and maintenance’’. permit a project to be constructed but permit is needed for TransCanada’s The Acting CHAIR. Pursuant to not operated. This would be like get- Keystone XL pipeline; and, two, deems House Resolution 228, the gentlewoman ting a building permit to construct a the lengthy environmental reviews al- from Connecticut (Ms. ESTY) and a house but not being able to certify the ready completed as satisfying the re- Member opposed each will control 5 occupancy to actually live in the quirements of the National Environ- minutes. house. This pipeline will be subject to mental Policy Act and the National The Chair recognizes the gentle- continued oversight by the Pipeline Historic Preservation Act. woman from Connecticut. and Hazardous Materials Safety Ad- Given that this project has already Ms. ESTY. Mr. Chairman, I yield my- ministration, the Corps, and other reg- had 5 years of studying, section 3 is self 2 minutes. ulators to ensure that the operators necessary to ensure the Keystone XL My amendment would strike the are complying with the project’s per- project is done in a timely manner, and words ‘‘operation and maintenance’’ mit requirements. we need these American jobs. from section 7 of the bill. I reserve the balance of my time. I yield the balance of the time to the This section requires the Army Corps Ms. ESTY. I now yield 1 minute to chairman of the full Transportation of Engineers to approve all permits my colleague, the distinguished gen- and Infrastructure Committee, the gen- under section 404 of the Clean Water tleman from Illinois (Mr. LIPINSKI). tleman from Pennsylvania (Mr. SHU- Act and section 10 of the River and Mr. LIPINSKI. I thank Ms. ESTY for STER). Harbors Act, within 90 days of receipt yielding and for offering this amend- Mr. SHUSTER. I thank the gen- of a permit application. ment. tleman for yielding. The mandate to approve all permits I have always been a supporter of the Mr. Chairman, my good friend from would apply regardless of whether the Keystone XL pipeline. I have voted for Oregon is right about this committee project meets the needs of the law or it every time it has come to this floor building infrastructure, but there is not and would cover not only the ini- in any form in which it has come here. nothing more important right now tial construction of the project, but This bill, however, goes beyond sim- than making sure our pipelines are in takes the unprecedented step of apply- ply completing the environmental re- place to bring the energy safely to mil- ing to all future operation and mainte- view and Presidential approval of the lions of Americans, and efficiently to nance, in perpetuity. pipeline. This bill mandates that the millions of Americans. This is a core of Not only is this unprecedented; it is Army Corps and other agencies approve what this committee does. That’s why unwarranted and reckless. permits not just for construction but we have primary jurisdiction. That’s Each time the House has debated the for all future maintenance activities why we’re here debating this issue Keystone XL pipeline, the focus has al- on the pipeline. The Army Corps review today. ways been on expediting the construc- of permits is important to limiting en- This bill simply takes back congres- tion. This amendment does not affect vironmental damage and other impacts sional authority—constitutional con- or delay construction. I repeat: this like flooding. The southern portion of

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.084 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2882 CONGRESSIONAL RECORD — HOUSE May 22, 2013 this pipeline, which I’m very happy is www.usace.army.mil/Portals/2/docs/ of jobs. In fact, I opposed the rule be- underway, is currently being con- civilworks/nwp/2012/NWPl12l2012.pdf cause I’ve offered amendments that structed without having to waive laws Mr. DENHAM. Mr. Chairman, I yield would provide opportunities for minor- and automatically approve permits the balance of my time to the gen- ity contractors, women-owned contrac- like this. tleman from Pennsylvania (Mr. SHU- tors, opportunities for the recruitment I urge Members to support this STER). of a new generation of workers in the amendment so we can really come to- Mr. SHUSTER. I thank the gen- energy industry, which I thought would gether in a strong bipartisan fashion to tleman for yielding. be a contributing factor to this legisla- approve the Keystone XL pipeline and Once again, this amendment does tion. get this done and get these jobs created nothing more than to delay or gut the I offer a very simple amendment that in America. bill. It is correct what the gentlelady has nothing to do with stopping any as- Mr. DENHAM. Mr. Chairman, I con- from Connecticut says in that this pect of the construction. I would hope, tinue to reserve the balance of my amendment does not impact the con- however, that the regular order would time. struction at all—and it does not. Yet, proceed with the State Department’s Ms. ESTY. I yield myself such time as the gentleman from California permitting process and the President’s as I may consume. pointed out, the analogy here is, if you approval, but my amendment does not When a version of this amendment build a house, this amendment would speak to that. My amendment is an was offered in committee, the majority say you can’t live in the house, that amendment that seeks to simply be opposed it, claiming that the Corps you can’t operate in the house. Again, fair, Mr. Chairman. My amendment is permits are intended to cover both the this amendment does nothing more simple and straightforward. construction and the ongoing oper- than gut the bill. It’s a delay tactic. It extends the time period for filing a ations and maintenance of a project. As I said earlier, this bill allows Con- claim arising under the act from 60 This is simply not accurate. gress the ability to regain its constitu- days to 1 year after the date of the de- Following the markup, I consulted tional authority. Congress has the ex- cision or action giving rise to the with the Army Corps, which stated press authority under article I, section claim. This amendment is especially very clearly that ongoing operations 8 of the U.S. Constitution ‘‘to regulate needed because H.R. 3, the underlying and maintenance activities beyond the commerce with foreign nations and bill, vests exclusive jurisdiction over initial 5 years are not authorized under among the several States.’’ any and all claims arising under the the initial permit for the construction So this bill does that. I urge all of my act in a single court, the U.S. Court of of the project. In fact, according to the colleagues to vote ‘‘no’’ on this amend- Appeals for the District of Columbia, Corps, operations and maintenance ac- ment and ‘‘yes’’ on the underlying bill. which is thousands of miles from many tivities that occur in the future beyond Mr. DENHAM. I yield back the bal- of those who may be impacted. the initial 5 years need to be author- ance of my time. Think about that. The Keystone ized under a separate permit at the The Acting CHAIR. The question is pipeline is proposed to run from Al- time the activity takes place. In addi- on the amendment offered by the gen- berta, Canada, through the great tion, any permit that is issued today tlewoman from Connecticut (Ms. States of North Dakota, South Dakota, by the Corps for construction or main- ESTY). Nebraska, Kansas, Oklahoma, and my tenance would expire in 5 years and The question was taken; and the Act- State of Texas, all the way to the gulf. would need to be renewed. ing Chair announced that the noes ap- Maybe there is some collateral impact I would like to submit for the peared to have it. as well, but the only court in the coun- RECORD a copy of the Army Corps’ ex- Ms. ESTY. Mr. Chairman, I demand a try authorized to hear the claims of planatory decision document nation- recorded vote. the residents of any of these States wide permit 12, which describes the The Acting CHAIR. Pursuant to who seek justice for a legally cog- permitting procedures. clause 6 of rule XVIII, further pro- nizable claim or injury is located more So the language in the underlying ceedings on the amendment offered by than 1,000 miles away from their bill would give construction and all fu- the gentlewoman from Connecticut homes. ture operations and maintenance under will be postponed. Mr. Chairman, they cannot go to a the Clean Water Act and the Rivers AMENDMENT NO. 7 OFFERED BY MS. JACKSON district court. They cannot go to the and Harbors Act a free pass from re- LEE southern district. This will impose an view by requiring the Corps to approve The Acting CHAIR. It is now in order undue hardship and a financial burden them regardless of whether they mini- to consider amendment No. 7 printed in on ordinary Americans seeking justice. mize or mitigate the impacts. House Report 113–88. Instead, the bill requires them to find In addition, this amendment would Ms. JACKSON LEE. Mr. Chairman, I and retain a high-priced D.C. lawyer eliminate another loophole to ensure have an amendment at the desk. whom they don’t know and may have that operations and maintenance ac- The Acting CHAIR. The Clerk will never met to represent their interests tivities comply with the Endangered designate the amendment. in a court far, far away. Species Act, just like all other pipe- The text of the amendment is as fol- Another reason for extending the lines. lows: time period in which to file a claim— Further, the amendment will strike Page 4, line 21, strike ‘‘60 days’’ and insert remember, this is after the passage and ‘‘maintenance’’ from section 4, on judi- ‘‘1 year’’. construction of this particular entity— cial review, to prevent a small family The Acting CHAIR. Pursuant to from 60 days to 1 year is that, by lodg- farmer or a property owner from being House Resolution 228, the gentlewoman ing jurisdiction in the D.C. Court of forced to travel to a D.C. court to seek from Texas (Ms. JACKSON LEE) and a Appeals, the burden of proof and per- redress from future harm to their land Member opposed each will control 5 suasion is shifted from the govern- or to their children’s rights for the du- minutes. mental and corporate actors involved ration of the lifespan of this pipeline. The Chair recognizes the gentle- to the homeowners, small businesses, Regardless of your views on the con- woman from Texas. and individuals bringing legal rights. struction of the Keystone XL pipeline, Ms. JACKSON LEE. I thank the re- Grandma and Grandpa and all of those I urge my colleagues to vote ‘‘yes’’ on spective authors of this legislation be- individuals will have to travel 1,000 my commonsense amendment to pre- cause I know that their intent is a pur- miles. vent new loopholes and, quite possibly, poseful intent. to prevent the creation of a regulatory I have made public statements that I b 1125 earmark for one foreign corporation. believe that moving forward with the This is because the burden that must I urge a ‘‘yes’’ vote on my amend- right approach, ensuring that the nec- be shouldered by a plaintiff is very ment, and I yield back the balance of essary protections are in place, the steep. To challenge factual evidentiary my time. necessary environmental protections determinations made in an Environ- Following is the link to the full docu- are in place and the permitting is in mental Impact Statement, for exam- ment referred to earlier: http:// place, will create an enormous number ple, a plaintiff must demonstrate that

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.088 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2883 they’re not supported by substantial This bill is limited in the types of a study on the cost of cleaning up oil evidence in the record considered as a claims that receive the expedited re- spills from this pipeline. We need to whole. To meet the standard, plaintiffs view to just three: validity of final or- know how much it’s going to cost tax- will have to retain experts, locate and ders, constitutionality of the act, and payers to decontaminate our cities, prepare witnesses, and gather and re- adequacy of the Environmental Impact towns, and farmlands when the pipeline view documentary materials. Statement. leaks. We need to know how a spill will I hope in a bipartisan way we can get These claims must be filed within 60 harm residents and the environment. to where all of us would like to be, en- days of the final order or action giving Will it make Americans sick, pollute suring that we have a constructive rise to that claim. No other claim is af- our water, and contaminate our farms? project for all Americans. fected by the 60-day filing deadline. Americans have the right to know the With that, I reserve the balance of Because of the limitations on types full cost and harmful impacts that a my time. of claims covered by the deadline, 2 spill would have. Mr. DENHAM. Mr. Chairman, I claim months is more than ample time to file There are many serious questions time in opposition to the amendment. with the D.C. circuit. Extending to a and inadequacies in some of the anal- The Acting CHAIR (Mr. MARCHANT). new year is simply one more delay tac- yses of the project, if not glaring holes. The gentleman from California is rec- tic. Take greenhouse gas emissions, take ognized for 5 minutes. With that, I urge a ‘‘no’’ vote and pipeline safety and spill response, take Mr. DENHAM. I reserve the balance yield back the balance of my time. alternative pipeline routes—there is of my time for my personal close. The Acting CHAIR. The question is too much we don’t know. What we do Ms. JACKSON LEE. Mr. Chair, again, on the amendment offered by the gen- know, though, is that the pipeline will I would have hoped, having worked tlewoman from Texas (Ms. JACKSON transport oil that is heavily corrosive, with the gentleman from Nebraska, the LEE). making spills more likely and also proponent of this legislation, that we The question was taken; and the Act- more difficult and costly to clean up. would continue to work on a bipartisan ing Chair announced that the noes ap- Tar sands pipelines in the U.S. have pathway. peared to have it. some of the worst spill records. Pipe- Ms. JACKSON LEE. Mr. Chair, I de- This amendment is to relieve the lines in North Dakota, Minnesota, Wis- burden on some of the very people mand a recorded vote. The Acting CHAIR. Pursuant to consin, and Michigan spilled nearly many of us represent, and that is, of four times as much crude per mile than course, those individual claimants who clause 6 of rule XVIII, further pro- ceedings on the amendment offered by the national average in the last 2 happen to be in faraway places who years. Yet, the Keystone XL pipeline, now have to go to the D.C. Court of Ap- the gentlewoman from Texas will be postponed. as planned, will cut across America’s peals and to actually bear the burden heartland. It will run above the AMENDMENT NO. 8 OFFERED BY MS. CHU of responsibility dealing with the fact Ogallala Aquifer, which is a main The Acting CHAIR. It is now in order that when you challenge the factual source of drinking and farm water for to consider amendment No. 8 printed in evidentiary determinations made in an nine States, endangering hundreds of EIS statement, an Environmental Im- House Report 113–88. Ms. CHU. I rise to offer amendment thousands of people. pact Statement, for example, the plain- No. 8, the Chu-Polis-Connolly amend- That is why I oppose the bill. We can- tiff must demonstrate that they’re not ment. not rush a decision that could have so supported by substantial evidence in The Acting CHAIR. The Clerk will many harmful impacts on the health of the record considered as a whole. designate the amendment. thousands of Americans. And that is That’s an extreme burden that will The text of the amendment is as fol- why I urge the House to support our have to be carried by plaintiffs. They’ll lows: amendment. have to secure lawyers here in the D.C. Page 7, after line 23, insert the following: Join me in asking the GAO to study area. They’ll have to travel here, bear SEC. 9. POTENTIAL IMPACTS OF PIPELINE SPILL. the cost of spill cleanup and its impact extra expenses. It will be necessary to (a) STUDY.— The Comptroller General of on our health, environment, and water. get experts, locate and prepare wit- the United States shall conduct a study of The American people deserve to know. nesses, relocate themselves, and gather the Keystone XL pipeline project to deter- I reserve the balance of my time. and review documentary materials. I mine— Mr. DENHAM. Mr. Chairman, I claim would suggest that it is obviously a (1) the total projected costs of cleanup ac- time in opposition to the amendment. stress and a burden. tivities that would be required in the event The Acting CHAIR. The gentleman In section 4, this bill has no right to of a discharge of oil and hazardous sub- from California is recognized for 5 min- stances from the project; and judicial review. So in essence, it means (2) the potential impacts of such a dis- utes. that you have one track to go in for a charge on— Mr. DENHAM. These issues have al- number of issues that might come for- (A) public health; ready been the subject of the study by ward. I am concerned that that would (B) the environment; and the State Department. The environ- be the case. And for that reason I think (C) the quantity and quality of water avail- mental review process, which included that our amendment has the strength able for agricultural and municipal purposes. four different Environmental Impact of purpose that is necessary. (b) REPORT.—The Comptroller General Statements, analyzed oil spills of vary- Let me also add again, as I want to shall submit to Congress a report containing ing size, the types of releases, and the the findings of the study required under sub- be very clear, why should we burden section (a). impacts of oil spills. Additional studies the individual plaintiffs, Mr. Chair- The Acting CHAIR. Pursuant to would just waste taxpayer dollars. man, with financial burdens that are House Resolution 228, the gentlewoman I reserve the balance of my time. 1 excessive? My amendment gives them a from California (Ms. CHU) and a Mem- Ms. CHU. Mr. Chairman, I yield 1 ⁄2 fair amount of time to get a response ber opposed each will control 5 min- minutes to Representative POLIS. and to participate in this process. utes. Mr. POLIS. Mr. Chair, I would like to I ask my colleagues to support the The Chair recognizes the gentle- thank my colleagues, Ms. CHU from amendment, and I yield back the bal- woman from California. California and Mr. CONNOLLY from Vir- ance of my time. Ms. CHU. Mr. Chairman, I yield my- ginia. Mr. DENHAM. Mr. Chairman, this self such time as I may consume. This amendment would require that amendment seeks to undermine an im- I rise today to offer an important the Government Accountability Office, portant streamlining provision in the amendment, along with Congressman which is independent, evaluate the true bill that sets firm deadlines for filing POLIS and Congressman CONNOLLY, to cost of potential spills from the Key- claims. H.R. 3, the Northern Route Approval stone XL pipeline. Americans want to In order to cause maximum delays, Act, which would authorize construc- know. We want to know what the im- opponents of projects often wait until tion of the highly controversial Key- pact of tar sands spills are on public the final possible day to file claims. stone XL pipeline. health, on the environment, on the Setting firm reasonable deadlines has Our amendment calls for the Govern- quantity and quality of water that’s no impact on legal rights. ment Accountability Office to conduct available for agriculture and farmers

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.092 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2884 CONGRESSIONAL RECORD — HOUSE May 22, 2013 and for municipalities and for drink- I yield back the balance of my time. the Federal Government is not ade- ing. The Acting CHAIR. The question is quate. People’s lives and livelihoods We all know that tar sands crude oil on the amendment offered by the gen- are at stake, and locals work together can be dangerous. We saw the recent tlewoman from California (Ms. CHU). on these situations. spill in Mayflower, Arkansas. It’s crit- The question was taken; and the Act- Nor should those Governors be ex- ical that we address the true cost of oil ing Chair announced that the noes ap- pected to wait until a spill has oc- pipeline spills and their true impact. peared to have it. curred when they are already in the It’s inevitable that the Keystone XL Ms. CHU. Mr. Chairman, I demand a process of sending first responders into pipeline will have costly spills and recorded vote. harm’s way to receive a copy of the full leaks. The Acting CHAIR. Pursuant to plan from TransCanada, which is, by Spills are especially concerning be- clause 6 of rule XVIII, further pro- law, the only time the company is re- cause the pipeline is slated to cross ceedings on the amendment offered by quired to share that unredacted version over the Ogallala Aquifer, one of the the gentlewoman from California will with the State government. world’s largest aquifers that supplies be postponed. South Dakota was wise enough to re- drinking and irrigation water to mil- AMENDMENT NO. 9 OFFERED BY MR. COHEN alize the problems with these regula- lions of Americans. The Acting CHAIR. It is now in order tions. The State enacted legislation to mandate receipt of the plan prior to op- b 1710 to consider amendment No. 9 printed in eration of the pipeline. The other Instead of trying to rubber-stamp the House Report 113–88. Mr. COHEN. Mr. Chairman, I have an States should not have to jump Keystone XL this week and short cir- through any hoops just to obtain the cuit the very process that Congress es- amendment at the desk. The Acting CHAIR. The Clerk will information they need in order to pro- tablished, instead we should be work- designate the amendment. vide appropriate emergency response ing to ensure that spills won’t impact The text of the amendment is as fol- to dangerous situations to protect the health of our communities and the lows: their citizenry. quality of our water. I thank the gen- When I offered this amendment in Page 7, after line 23, insert the following: tlelady for yielding me time. the Transportation and Infrastructure SEC. 9. OIL SPILL RESPONSE PLAN DISCLOSURE. Mr. DENHAM. Mr. Chairman, I re- Committee, my esteemed colleague, (a) IN GENERAL.—Any pipeline owner or op- serve the balance of my time. the Honorable Chairman SHUSTER, rec- Ms. CHU. I yield 1 minute to the gen- erator required under Federal law to develop an oil spill response plan for the Keystone ognized the need to balance access to tleman from Virginia (Mr. CONNOLLY). XL pipeline shall make such plan available these response plans with the need to Mr. CONNOLLY. Mr. Chairman, I to the Governor of each State in which such protect sensitive information from be- thank my friend from California, Ms. pipeline operates to assist with emergency coming public, and I think this amend- CHU, for her leadership and my col- response preparedness. ment strikes that proper balance by league, Mr. POLIS, from Colorado. I (b) UPDATES.—A pipeline owner or operator limiting access to the Governors. He couldn’t be in more congenial company required to make available to a Governor a offered to work with me on the issue on on an amendment that I think is very plan under subsection (a) shall make avail- able to such Governor any update of such a future appropriation bill, and I appre- simple and straightforward. ciate that kind offer. While I look for- The American people are entitled to plan not later than 7 days after the date on which such update is made. ward to that partnership, and I com- transparency. As Mr. POLIS indicated, mend the chairman for his work to ad- leaks are inevitable, and any pipeline The Acting CHAIR. Pursuant to House Resolution 228, the gentleman dress the issue on the Pipeline Safety corrodes. Especially with this kind of Act of 2011, this amendment would im- crude oil, which is highly corrosive, from Tennessee (Mr. COHEN) and a Member opposed each will control 5 prove this Keystone pipeline situation you’re going to have leaks. The Amer- today. We can’t wait for some possible ican people are entitled to know the minutes. The Chair recognizes the gentleman future legislation when the likelihood cost of cleanup and the dangers to the of a spill and the risk to public safety environment. I think that’s fairly from Tennessee. Mr. COHEN. This amendment would is so great now. straightforward. I know my colleagues Potential effects of a Keystone XL share in the value of transparency in require that TransCanada and any fu- ture owner-operator of the Keystone spill could be devastating. The truth of government, and I think that we the matter is that this pipeline is un- should be doing that here with the XL pipeline, if there be one, submit its oil spill response plan to the Governor precedented, it’s dangerous, and there pipeline. I support the amendment and will be spills. Refraining from arming urge its adoption. of each State in which the pipeline op- erates. our States with readily available infor- Ms. CHU. Mr. Chairman, I urge the mation in order to respond adequately House to support our amendment. The I’m well aware that current law re- quires the Department of Transpor- and safely would not be responsible. American people deserve to know. Mr. Chairman, I appreciate this time. I yield back the balance of my time. tation to maintain on file current cop- ies of oil spill response plans and pro- This issue is important, and it dem- Mr. DENHAM. Mr. Chairman, the onstrates Congress’s respect for Gov- American people have had 5 years of vide any person a copy of that plan. However, those copies are allowed by ernors and State governments and the studies, the longest studies that have men and women who risk their lives to happened on any pipeline in our Na- law to exclude certain information like specific response resources, tactical re- protect us every day, the first respond- tion’s history. What the American pub- ers. With that, I urge my colleagues to lic are waiting for are the jobs that go source deployment plans, and informa- tion on worst-case scenario discharges. support the amendment. with this. I reserve the balance of my time. U.S. pipeline operators have safely I understand there are concerns Mr. DENHAM. Mr. Chairman, I rise transported oil sands crude for over 40 about broad distribution of these plans to claim the time in opposition to the years. This is not a new concept. The and this proprietary information, but amendment. 2011 Pipeline Safety Act further those concerns should not apply to The Acting CHAIR. The gentleman strengthens safety by increasing pen- Governors of the States—people like from California is recognized for 5 min- alties for violations, authorizing addi- Mary Fallin and Nathan Deal, who utes. tional safety inspectors, and granting many of us have served with—States Mr. DENHAM. Mr. Chairman, I re- new authorities to enforce the oil spill that this very pipeline would run serve the balance of my time. response plan. That was a bipartisan through. These States have the right Mr. COHEN. I ask that we unani- bill that we passed out of here just last to evaluate oil spill response plans in mously support this amendment. session. detail, integrate it into their respec- I yield back the balance of my time. TransCanada has agreed to 57 tive emergency management systems, Mr. DENHAM. Mr. Chairman, this is PHMSA conditions on the pipeline’s and then provide the necessary re- a broad issue that could affect a num- construction and operation, which is sources for appropriate emergency re- ber of pipelines and States. We are pre- expected to make it one of the safest sponse plans. Reliance upon some re- pared to accept this amendment, al- ever constructed. I urge a ‘‘no’’ vote. dacted plan they would receive from though we have general reservations

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.094 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2885 about it, and implementation must be to other countries, and there is nothing The president of the American Petro- done very carefully. in the underlying legislation that leum Institute and the CEO of At our committee markup of H.R. 3, would require that the oil transported ConocoPhillips have said that we Chairman SHUSTER said he would work through the Keystone pipeline, or the should change U.S. law to allow for the on this issue more broadly in the con- refined fuels produced from that oil, expanded exports of domestically pro- text of reauthorization. Despite these stay in the United States to benefit duced oil. reservations, I’m prepared to accept American consumers. Well, the re-export of crude oil is al- ready allowed under current law. With- the amendment. b 1720 I yield such time as he may consume out my amendment, crude oil that to the gentleman from Nebraska (Mr. In fact, when the president of Trans- comes out of Keystone could cir- TERRY). Canada, who got a sweetheart deal cumvent U.S. refineries and be ex- Mr. TERRY. I appreciate the gen- through this legislation, was asked ported as crude. I ask my colleagues to tleman from Tennessee bringing this whether he would commit to keeping think hard about how that helps Amer- amendment, and I appreciate all of the the Keystone tar sands oil and the re- ica. time and effort that the Transpor- fined fuels in the United States, he The Keystone XL pipeline would ask tation and Infrastructure Committee said, no. That’s why we need to adopt the United States to bear all of the en- has put into this. I would agree that this amendment. vironmental risk of transporting the it’s reasonable; the Governors should U.S. oil consumption peaked in 2005. dirtiest oil in the world without ensur- have this. In fact, TransCanada has It’s declined by more than 10 percent ing that U.S. consumers or our energy agreed to a variety of additional meas- since then. During the same period, security see any benefits from this. ures that would be part of this, and the U.S. petroleum production increased 38 If the proponents of this legislation Governors should have that. I agree percent. are serious about ensuring that the with the gentleman’s conclusion. So how is this balanced? Keystone XL pipeline really does en- Mr. DENHAM. Mr. Chairman, I yield We’re exporting it. hance U.S. energy security, they will back the balance of my time. Now, that’s not necessarily bad. For vote ‘‘yes’’ on this amendment. I yield back the balance of my time. The Acting CHAIR. The question is years, the import of oil hurt our bal- Mr. TERRY. Mr. Chairman, I rise in on the amendment offered by the gen- ance of trade. But in 2011, the United opposition and claim the time. tleman from Tennessee (Mr. COHEN). States became a net exporter of petro- leum products for the first time in half The Acting CHAIR. The gentleman The amendment was agreed to. from Nebraska is recognized for 5 min- AMENDMENT NO. 10 OFFERED BY MR. HOLT a century. We’ve exported 3 million barrels per day of petroleum products, utes. The Acting CHAIR. It is now in order Mr. TERRY. I yield myself as much and in 2012, exports increased to 3.2 to consider amendment No. 10 printed time as I may consume. in House Report 113–88. million barrels per day. A couple of points just so we get the The Keystone pipeline would trans- Mr. HOLT. I have an amendment at total picture here. the desk, Mr. Chairman. port the dirtiest oil in the world from We consume, in America, about 18 The Acting CHAIR. The Clerk will Canada, through the United States, to million barrels of oil per day. That’s designate the amendment. refineries on the gulf coast, where it what we consume domestically. We’ve The text of the amendment is as fol- would be exported, tax-free, to foreign reduced that from 20 a couple of years lows: countries. ago. This is just a pipeline, about three- Add at the end the following new section: Now, currently, when we add or just dozen permanent workers assigned to SEC. 9. ENERGY SECURITY. focus on OPEC oil countries, we’re im- this pipeline. Otherwise, all we get This Act shall not take effect until the porting, daily, about 4.3 million of that President determines that any crude oil and from this is the risk of a spill. 18 million that we need from OPEC bitumen transported by the Keystone XL According to the Energy Information countries—Saudi Arabia, Venezuela— pipeline, and all refined petroleum products Administration, more than 76 percent and so building this pipeline, about whose origin was via importation of crude oil of the current U.S. petroleum exports 800,000 barrels, is about enough to off- or bitumen by the Keystone XL pipeline, will come from the gulf coast. In fact, 60 set the heavy crude from Venezuela. be entered into domestic commerce for use percent of the gas, and 42 percent of Even with this pipeline running at its as a fuel, or for the manufacture of another the diesel produced at Texas gulf coast maximum, we will still need to import product, in the United States, except in the refineries was exported. following situations: from OPEC-level countries. So the re- (1) Where the President determines that That fact, that the refined product ality is that the numbers will dictate providing an exception is in the national in- will be exported, is not speculation. that we have a long way to go before terest. Look at the business plans of Valero, we’re flush in oil where we could be en- (2) Where providing an exception is nec- one of the Nation’s largest refineries, ergy independent, not dependent on essary under the Constitution, a law, or an which operates several facilities on the OPEC. That’s one of our goals here in international agreement. gulf coast. this legislation, is to be free of OPEC The Acting CHAIR. Pursuant to Valero’s 2012 annual report claims oil; keep it in North America. House Resolution 228, the gentleman that the U.S. markets are oversupplied Now, he also mentioned, the gen- from New Jersey (Mr. HOLT) and a to the point where the company’s chief tleman from New Jersey, a good friend Member opposed each will control 5 executive, Bill Kless, recently said, and classmate of mine, that a rep- minutes. ‘‘There’s so much oil, it’s got to be resentative, high-level representative The Chair recognizes the gentleman moving. Our view is that it’s flooding from TransCanada said no, we’re not from New Jersey. the gulf coast.’’ going to guarantee that it all won’t be Mr. HOLT. Mr. Chairman, this And the solution? exported. amendment that I am offering on be- Well, Valero is shipping domestically Well, let’s put it in context. There half of the gentleman from Virginia produced crude to Canada for refining are people who are extracting the oil (Mr. CONNOLLY) and the gentleman under a license that allows the com- out of the ground. They contract with from Massachusetts (Mr. MARKEY) sim- pany to send up to 90,000 barrels a day TransCanada to transport that to the ply requires that the oil transported for the next year. It’s more than double customer that will have control over it through the Keystone XL pipeline, the what we exported to Canada last year. and refine it. So the common carrier in refined products made from the oil as That’s right. One of the largest U.S. the middle has no control over the con- well, stay in the United States except refiners in the gulf wants to massively tract between the producer and the re- under certain circumstances. increase exports of American crude to finer. That’s why he said no. They have Now, the proponents of the Keystone Canada at the same time that we are no say-so over what the refiner does. pipeline, as we’ve heard today, say it is passing this legislation to send Cana- Now, the refiner, just basic common important for U.S. energy security. dian tar sands oil to the gulf coast. I sense, is going to tell you that it eco- That can’t be true if the oil just passes would like to ask the proponents of nomically is cheaper to refine the gaso- through the United States on its way this to explain how this makes sense. line in Louisiana, Texas, Oklahoma

VerDate Mar 15 2010 03:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.098 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2886 CONGRESSIONAL RECORD — HOUSE May 22, 2013 and Kansas, and then send out the gas- Amendment No. 4 by Mr. CONNOLLY McHenry Price (GA) Smith (TX) oline product. And that gasoline’s of Virginia. McIntyre Radel Southerland McKeon Reed Stewart going to stay here domestically, maybe Amendment No. 5 by Mr. RAHALL of McKinley Reichert Stivers a small percentage. I don’t know. But West Virginia. McMorris Renacci Stockman the reality is, economics is going to Amendment No. 6 by Ms. ESTY of Rodgers Ribble Stutzman Meadows Rice (SC) tell you that. Connecticut. Terry Meehan Rigell Thompson (PA) But here’s why this amendment has ACKSON Messer Roby Amendment No. 7 by Ms. J Thornberry Mica Roe (TN) to be defeated, and this is why this is LEE of Texas. Tiberi just kind of an absurd amendment be- Miller (FL) Rogers (AL) Amendment No. 8 by Ms. CHU of Cali- Miller (MI) Rogers (KY) Tipton cause it says none of that oil that’s put fornia. Mullin Rogers (MI) Turner in a barrel could be exported. None of Amendment No. 10 by Mr. HOLT of Mulvaney Rohrabacher Upton Valadao it. None of its byproducts either. New Jersey. Murphy (FL) Rokita So if you took the oil and made it Murphy (PA) Rooney Veasey The Chair will reduce to 2 minutes Neugebauer Ross Vela into a plastic container of whatever the minimum time for any electronic Noem Rothfus Wagner you’re exporting, you can’t do that, be- vote after the first vote in this series. Nolan Royce Walberg cause it’s plastic made from something Nugent Runyan Walden that came through TransCanada. Nunes Ryan (WI) Walorski b 1730 Nunnelee Salmon The gentleman also mentioned die- Walz Olson Sanford Weber (TX) AMENDMENT NO. 1 OFFERED BY MR. WEBER OF sel. Even at the highest level of our de- Owens Scalise Webster (FL) TEXAS pendence on OPEC oil, because of our Palazzo Schock Wenstrup use of gasoline as our dominant source The Acting CHAIR. The unfinished Paulsen Schweikert Whitfield Pearce Scott, Austin Williams of transportation, as opposed to diesel, business is the demand for a recorded Perry Scott, David Wilson (SC) which is our symbiotic relationship vote on the amendment offered by the Peterson Sensenbrenner Wittman EBER Petri Sessions with Europe, where they use diesel, not gentleman from Texas (Mr. W ) on Wolf which further proceedings were post- Pittenger Shimkus gasoline, we have exported that, so we Pitts Shuster Womack can’t even continue that level of rela- poned and on which the ayes prevailed Poe (TX) Simpson Woodall tionship, that symbiotic relationship by voice vote. Pompeo Smith (NE) Yoder where they send us the gasoline they The Clerk will redesignate the Posey Smith (NJ) Yoho don’t use and we send them the diesel. amendment. NOES—168 We can’t do that. The Clerk redesignated the amend- Andrews Gutierrez O’Rourke And as in every barrel, there will be ment. Barber Hahn Pallone Bass Hanabusa lubricants, there will be gels, there will RECORDED VOTE Pascrell be other industrial uses that are ex- Beatty Hastings (FL) Pastor (AZ) The Acting CHAIR. A recorded vote Becerra Heck (WA) Pelosi ported all the time that we couldn’t do has been demanded. Bera (CA) Higgins Perlmutter here. A recorded vote was ordered. Bishop (NY) Himes Peters (CA) Blumenauer Holt But what the American consumer The vote was taken by electronic de- Peters (MI) wants is the gasoline from that. And Bonamici Honda Pingree (ME) vice, and there were—ayes 246, noes 168, Brady (PA) Hoyer Pocan economics, marketplace pressures, are not voting 19, as follows: Braley (IA) Huffman Polis Brown (FL) Israel going to tell you it’s just a lot cheaper [Roll No. 169] Price (NC) to refine it here and then send it to Brownley (CA) Jackson Lee Quigley AYES—246 Butterfield Jeffries Rahall their gas stations, and that’s what the Capps Johnson (GA) Aderholt Crenshaw Rangel consumer wants. That’s what’s going Harris Capuano Johnson, E. B. Alexander Cuellar Richmond Hartzler Ca´ rdenas Kaptur to happen. Amash Culberson Roybal-Allard Hastings (WA) Carney Keating Amodei Daines Ruiz Even the State Department said that Heck (NV) Carson (IN) Kelly (IL) Bachmann Davis, Rodney Ruppersberger was a fallacy that the gasoline was Hensarling Cartwright Kennedy Bachus Denham Rush Hinojosa Castor (FL) Kildee going to be exported. Barletta Dent Ryan (OH) Holding Castro (TX) Kilmer So this is one of those amendments Barr DeSantis Sa´ nchez, Linda Horsford Chu Kind Barrow (GA) DesJarlais T. that sounds populist and good. But Hudson Cicilline Kirkpatrick Barton Duffy Sanchez, Loretta when you think it through, it’s just a Huelskamp Clarke Kuster Benishek Duncan (SC) Schakowsky Huizenga (MI) Clay Langevin measure to kill the pipeline. Bentivolio Duncan (TN) Hultgren Cleaver Larsen (WA) Schiff I urge all of my colleagues to vote Bilirakis Ellmers Hunter Cohen Larson (CT) Schneider Bishop (GA) Enyart ‘‘no,’’ and I yield back the balance of Hurt Connolly Lee (CA) Schrader Bishop (UT) Farenthold my time. Issa Conyers Levin Schwartz Black Fincher The Acting CHAIR. The question is Jenkins Courtney Lewis Scott (VA) Blackburn Fitzpatrick Johnson (OH) Crowley Loebsack Serrano on the amendment offered by the gen- Bonner Fleischmann Johnson, Sam Cummings Lofgren Sewell (AL) Boustany Fleming tleman from New Jersey (Mr. HOLT). Jones Davis (CA) Lowenthal Shea-Porter Brady (TX) Forbes The question was taken; and the Act- Jordan Davis, Danny Lowey Sherman Bridenstine Fortenberry ing Chair announced that the noes ap- Joyce DeFazio Lujan Grisham Sinema Brooks (AL) Foxx Kelly (PA) Delaney (NM) Slaughter peared to have it. Brooks (IN) Franks (AZ) King (IA) DeLauro Luja´ n, Ben Ray Smith (WA) Broun (GA) Frelinghuysen Mr. HOLT. Mr. Chairman, I demand a King (NY) DelBene (NM) Swalwell (CA) Buchanan Gallego recorded vote. Kingston Deutch Lynch Takano Bucshon Garcia The Acting CHAIR. Pursuant to Kinzinger (IL) Dingell Maffei Thompson (CA) Burgess Gardner Kline Doggett Maloney, Thompson (MS) clause 6 of rule XVIII, further pro- Bustos Garrett Labrador Doyle Carolyn Tierney Calvert Gerlach ceedings on the amendment offered by LaMalfa Duckworth Matsui Titus Camp Gibbs the gentleman from New Jersey will be Lamborn Edwards McCarthy (NY) Tonko Campbell Gibson Lance Ellison McCollum Tsongas postponed. Cantor Gingrey (GA) Lankford Engel McDermott Van Hollen ANNOUNCEMENT BY THE ACTING CHAIR Capito Gohmert Latham Eshoo McGovern Vargas Carter Goodlatte The Acting CHAIR. Pursuant to Latta Esty McNerney Vela´ zquez Cassidy Gosar clause 6 of rule XVIII, proceedings will Lipinski Farr Meeks Visclosky Chabot Gowdy LoBiondo Fattah Meng Wasserman now resume on those amendments Chaffetz Granger Long Foster Michaud Schultz Coble Graves (GA) printed in House Report 113–88 on Lucas Frankel (FL) Miller, George Waters Coffman Graves (MO) which further proceedings were post- Luetkemeyer Fudge Moran Watt Collins (GA) Green, Al Lummis Gabbard Nadler Waxman poned, in the following order: Collins (NY) Green, Gene Maloney, Sean Garamendi Napolitano Welch Amendment No. 1 by Mr. WEBER of Conaway Griffin (AR) Marchant Grayson Neal Wilson (FL) Cook Griffith (VA) Texas. Marino Grijalva Negrete McLeod Yarmuth Amendment No. 2 by Mr. WAXMAN of Cooper Grimm Massie Costa Guthrie Matheson NOT VOTING—19 California. Cotton Hall McCarthy (CA) Clyburn DeGette Flores Amendment No. 3 by Mr. JOHNSON of Cramer Hanna McCaul Cole Diaz-Balart Herrera Beutler Georgia. Crawford Harper McClintock

VerDate Mar 15 2010 05:21 May 23, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.101 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2887 Markey Roskam Young (AK) Schneider Swalwell (CA) Vela´ zquez Weber (TX) Williams Womack Miller, Gary Sarbanes Young (FL) Schrader Takano Visclosky Webster (FL) Wilson (SC) Woodall Moore Sires Young (IN) Schwartz Thompson (CA) Wasserman Wenstrup Wittman Yoder Payne Speier Scott (VA) Thompson (MS) Schultz Whitfield Wolf Yoho Ros-Lehtinen Westmoreland Scott, David Tierney Waters NOT VOTING—18 Serrano Titus Waxman Sewell (AL) Tonko Bonner Markey Sires b 1757 Welch Shea-Porter Tsongas Wilson (FL) Clyburn Miller, Gary Speier Ms. FRANKEL of Florida, Ms. Sinema Van Hollen Yarmuth Cole Moore Westmoreland Slaughter Vargas DeGette Payne Young (AK) MCCOLLUM, Mr. SERRANO, Mrs. Smith (WA) Veasey Diaz-Balart Ros-Lehtinen Young (FL) MCCARTHY of New York, Messrs. Herrera Beutler Sarbanes Young (IN) ENGEL, LEWIS, and HOYER, and Ms. NOES—269 SINEMA changed their vote from Aderholt Gibson Miller (MI) b 1802 ‘‘aye’’ to ‘‘no.’’ Alexander Gingrey (GA) Mullin So the amendment was rejected. Amash Gohmert Mulvaney Messrs. OWENS and PEARCE, Mrs. Amodei Goodlatte Murphy (FL) The result of the vote was announced ELLMERS, Messrs. ROE of Tennessee, Bachmann Gosar Murphy (PA) as above recorded. ROGERS of Alabama, MULVANEY, Bachus Gowdy Neugebauer Stated against: COBLE, BROOKS of Alabama, WEB- Barber Granger Noem Mr. YOUNG of Indiana. Mr. Chair, on rollcall Barletta Graves (GA) Nolan STER of Florida, COFFMAN, Barr Graves (MO) Nugent No. 170 I was unavoidably detained. Had I ENYART, and MULLIN changed their Barrow (GA) Green, Al Nunes been present, I would have voted ‘‘nay.’’ Barton Green, Gene Nunnelee vote from ‘‘no’’ to ‘‘aye.’’ AMENDMENT NO. 3 OFFERED BY MR. JOHNSON OF Benishek Griffin (AR) Olson So the amendment was agreed to. Bentivolio Griffith (VA) Owens GEORGIA The result of the vote was announced Bilirakis Grimm Palazzo The Acting CHAIR (Mr. LATHAM). as above recorded. Bishop (GA) Guthrie Pascrell The unfinished business is the demand Bishop (UT) Hall Paulsen AMENDMENT NO. 2 OFFERED BY MR. WAXMAN Black Hanna Pearce for a recorded vote on the amendment The Acting CHAIR. The unfinished Blackburn Harper Perlmutter offered by the gentleman from Georgia business is the demand for a recorded Boustany Harris Perry (Mr. JOHNSON) on which further pro- Brady (PA) Hartzler Peterson ceedings were postponed and on which vote on the amendment offered by the Brady (TX) Hastings (WA) Petri gentleman from California (Mr. WAX- Bridenstine Heck (NV) Pittenger the noes prevailed by voice vote. MAN) on which further proceedings Brooks (AL) Heck (WA) Pitts The Clerk will redesignate the were postponed and on which the noes Brooks (IN) Hensarling Poe (TX) amendment. Broun (GA) Hinojosa Pompeo prevailed by voice vote. Buchanan Holding Posey The Clerk redesignated the amend- The Clerk will redesignate the Bucshon Horsford Price (GA) ment. amendment. Burgess Hudson Radel RECORDED VOTE Bustos Huelskamp Rahall The Clerk redesignated the amend- Calvert Huizenga (MI) Reed The Acting CHAIR. A recorded vote ment. Camp Hultgren Reichert has been demanded. RECORDED VOTE Campbell Hunter Renacci A recorded vote was ordered. Cantor Hurt Ribble The Acting CHAIR. A recorded vote Capito Issa Rice (SC) The Acting CHAIR. This will be a 2- has been demanded. Carson (IN) Jackson Lee Richmond minute vote. A recorded vote was ordered. Carter Jenkins Rigell The vote was taken by electronic de- Cassidy Johnson (OH) Roby vice, and there were—ayes 177, noes 239, The Acting CHAIR. This is a 2- Castro (TX) Johnson, Sam Roe (TN) minute vote. Chabot Jones Rogers (AL) not voting 17, as follows: The vote was taken by electronic de- Chaffetz Jordan Rogers (KY) [Roll No. 171] vice, and there were—ayes 146, noes 269, Coble Joyce Rogers (MI) Coffman Kaptur Rohrabacher AYES—177 not voting 18, as follows: Collins (GA) Kelly (PA) Rokita Andrews Duckworth Kind [Roll No. 170] Collins (NY) Kilmer Rooney Barber Edwards Kirkpatrick Conaway King (IA) Roskam Bass Ellison Kuster AYES—146 Cook King (NY) Ross Beatty Engel Langevin Andrews Eshoo Luja´ n, Ben Ray Costa Kingston Rothfus Becerra Enyart Larson (CT) Bass Esty (NM) Cotton Kinzinger (IL) Royce Bera (CA) Eshoo Lee (CA) Beatty Farr Lynch Courtney Kirkpatrick Runyan Bishop (GA) Esty Levin Becerra Frankel (FL) Maffei Cramer Kline Ryan (OH) Bishop (NY) Farr Lewis Bera (CA) Fudge Maloney, Crawford Labrador Ryan (WI) Blumenauer Fattah Lipinski Bishop (NY) Gabbard Carolyn Crenshaw LaMalfa Salmon Bonamici Fitzpatrick Loebsack Blumenauer Garamendi Matsui Cuellar Lamborn Sanford Brady (PA) Foster Lofgren Bonamici Garcia McCollum Culberson Lance Scalise Braley (IA) Frankel (FL) Lowenthal Braley (IA) Grayson McDermott Daines Lankford Schock Brown (FL) Fudge Lowey Brown (FL) Grijalva McGovern Davis, Rodney Larsen (WA) Schweikert Brownley (CA) Gabbard Lujan Grisham Brownley (CA) Gutierrez McNerney Denham Larson (CT) Scott, Austin Bustos Garamendi (NM) Butterfield Hahn Meeks Dent Latham Sensenbrenner Butterfield Garcia Luja´ n, Ben Ray Capps Hanabusa Meng DeSantis Latta Sessions Capps Gibson (NM) Capuano Hastings (FL) Miller, George DesJarlais Lipinski Sherman Capuano Grayson Lynch Ca´ rdenas Higgins Moran Dingell LoBiondo Shimkus Ca´ rdenas Green, Al Maffei Carney Himes Nadler Doyle Long Shuster Carney Grijalva Maloney, Cartwright Holt Napolitano Duckworth Lucas Simpson Carson (IN) Gutierrez Carolyn Castor (FL) Honda Neal Duffy Luetkemeyer Smith (NE) Cartwright Hahn Maloney, Sean Chu Hoyer Negrete McLeod Duncan (SC) Lummis Smith (NJ) Castor (FL) Hanabusa Matsui Cicilline Huffman O’Rourke Duncan (TN) Maloney, Sean Smith (TX) Castro (TX) Hastings (FL) McCollum Clarke Israel Pallone Ellmers Marchant Southerland Chu Heck (WA) McDermott Clay Jeffries Pastor (AZ) Enyart Marino Stewart Cicilline Higgins McGovern Cleaver Johnson (GA) Pelosi Farenthold Massie Stivers Clarke Himes McIntyre Cohen Johnson, E. B. Peters (CA) Fattah Matheson Stockman Clay Holt McNerney Connolly Keating Peters (MI) Fincher McCarthy (CA) Stutzman Cleaver Honda Meeks Conyers Kelly (IL) Pingree (ME) Fitzpatrick McCarthy (NY) Terry Cohen Horsford Meng Cooper Kennedy Pocan Fleischmann McCaul Thompson (PA) Connolly Hoyer Michaud Crowley Kildee Polis Fleming McClintock Thornberry Conyers Huffman Miller, George Cummings Kind Price (NC) Flores McHenry Tiberi Courtney Israel Moran Davis (CA) Kuster Quigley Forbes McIntyre Tipton Cuellar Jackson Lee Nadler Davis, Danny Langevin Rangel Fortenberry McKeon Turner Cummings Jeffries Napolitano DeFazio Lee (CA) Roybal-Allard Foster McKinley Upton Davis (CA) Johnson (GA) Neal Delaney Levin Ruiz Foxx McMorris Valadao Davis, Danny Johnson, E. B. Negrete McLeod DeLauro Lewis Ruppersberger Franks (AZ) Rodgers Vela DeFazio Jones O’Rourke DelBene Loebsack Rush Frelinghuysen Meadows Wagner Delaney Kaptur Pallone Deutch Lofgren Sa´ nchez, Linda Gallego Meehan Walberg DeLauro Keating Pascrell Doggett Lowenthal T. Gardner Messer Walden DelBene Kelly (IL) Pastor (AZ) Edwards Lowey Sanchez, Loretta Garrett Mica Walorski Deutch Kennedy Pelosi Ellison Lujan Grisham Schakowsky Gerlach Michaud Walz Doggett Kildee Peters (CA) Engel (NM) Schiff Gibbs Miller (FL) Watt Doyle Kilmer Peters (MI)

VerDate Mar 15 2010 03:43 May 23, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.034 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2888 CONGRESSIONAL RECORD — HOUSE May 22, 2013 Pingree (ME) Schneider Titus NOT VOTING—17 Sinema Titus Wasserman Pocan Schwartz Tonko Sires Tonko Schultz Bonner Markey Speier Polis Scott (VA) Tsongas Slaughter Tsongas Waters Clyburn Miller, Gary Price (NC) Scott, David Westmoreland Smith (WA) Van Hollen Cole Moore Van Hollen Watt Quigley Serrano Young (AK) Swalwell (CA) Vargas DeGette Payne Vargas Waxman Rangel Sewell (AL) Young (FL) Takano Veasey Diaz-Balart Ros-Lehtinen Veasey Welch Richmond Shea-Porter Young (IN) Thompson (CA) Vela´ zquez Herrera Beutler Sarbanes Vela´ zquez Wilson (FL) Roybal-Allard Sherman Visclosky Thompson (MS) Visclosky Yarmuth Tierney Ruiz Sinema Wasserman Ruppersberger Sires b 1807 Schultz Rush Slaughter NOES—239 Waters Ryan (OH) Smith (WA) Ms. KAPTUR changed her vote from Watt Aderholt Graves (GA) Paulsen Sa´ nchez, Linda Swalwell (CA) ‘‘no’’ to ‘‘aye.’’ Alexander Graves (MO) Pearce T. Takano Waxman Welch So the amendment was rejected. Amash Green, Gene Perlmutter Sanchez, Loretta Thompson (CA) Amodei Griffin (AR) Perry Wilson (FL) The result of the vote was announced Schakowsky Thompson (MS) Bachmann Griffith (VA) Peterson Yarmuth as above recorded. Schiff Tierney Bachus Grijalva Petri AMENDMENT NO. 4 OFFERED BY MR. CONNOLLY Barletta Grimm Pittenger NOES—239 The Acting CHAIR. The unfinished Barr Guthrie Pitts Aderholt Graves (GA) Paulsen business is the demand for a recorded Barrow (GA) Hall Poe (TX) Alexander Graves (MO) Pearce Barton Hanna Pompeo Amash Green, Gene Perlmutter vote on the amendment offered by the Benishek Harper Posey Amodei Griffin (AR) Perry gentleman from Virginia (Mr. CON- Bentivolio Harris Price (GA) Bilirakis Hartzler Bachmann Griffith (VA) Peterson NOLLY) on which further proceedings Radel Bishop (GA) Hastings (WA) Reed Bachus Grimm Petri were postponed and on which the noes Barletta Guthrie Pittenger Bishop (UT) Heck (NV) Reichert Barr Hall Pitts prevailed by voice vote. Black Hensarling Renacci Barrow (GA) Hanna Poe (TX) The Clerk will redesignate the Blackburn Hinojosa Ribble Barton Harper Pompeo amendment. Boustany Holding Rice (SC) Benishek Harris Posey Brady (TX) Hudson Rigell Bentivolio Hartzler Price (GA) The Clerk redesignated the amend- Bridenstine Huelskamp Roby Bilirakis Hastings (WA) Radel ment. Brooks (AL) Huizenga (MI) Roe (TN) Brooks (IN) Hultgren Rogers (AL) Bishop (UT) Heck (NV) Rahall RECORDED VOTE Black Hensarling Reed Broun (GA) Hunter Rogers (KY) Blackburn Hinojosa Reichert The Acting CHAIR. A recorded vote Buchanan Hurt Rogers (MI) Boustany Holding Renacci has been demanded. Bucshon Issa Rohrabacher Brady (TX) Hudson Ribble A recorded vote was ordered. Calvert Jenkins Rokita Bridenstine Huelskamp Rice (SC) Camp Johnson (OH) Rooney Brooks (AL) Huizenga (MI) Rigell The Acting CHAIR. This will be a 2- Campbell Johnson, Sam Roskam Brooks (IN) Hultgren Roby minute vote. Cantor Jones Ross Broun (GA) Hunter Roe (TN) The vote was taken by electronic de- Capito Jordan Rothfus Carter Joyce Royce Buchanan Hurt Rogers (AL) vice, and there were—ayes 176, noes 239, Bucshon Issa Rogers (KY) Cassidy Kelly (PA) Runyan Burgess Jenkins Rogers (MI) not voting 18, as follows: Chabot King (IA) Ryan (WI) Calvert Johnson (OH) Rohrabacher [Roll No. 172] Chaffetz King (NY) Salmon Camp Johnson, Sam Rokita Coble Kingston Sanford Campbell Jordan Rooney AYES—176 Coffman Kinzinger (IL) Scalise Cantor Joyce Roskam Andrews Farr Maloney, Collins (GA) Kline Schock Capito Kelly (PA) Ross Barber Fattah Carolyn Collins (NY) Labrador Schrader Carter King (IA) Rothfus Bass Frankel (FL) Maloney, Sean Conaway LaMalfa Schweikert Cassidy King (NY) Royce Beatty Fudge Matsui Cook Lamborn Scott, Austin Chabot Kingston Runyan Becerra Gabbard McCarthy (NY) Cooper Lance Sensenbrenner Chaffetz Kinzinger (IL) Ryan (WI) Bera (CA) Gallego McCollum Costa Lankford Sessions Coble Kline Salmon Bishop (NY) Garamendi McDermott Cotton Latham Shimkus Coffman Labrador Sanford Blumenauer Garcia McGovern Cramer Latta Shuster Collins (GA) LaMalfa Scalise Bonamici Grayson McIntyre Crawford LoBiondo Simpson Collins (NY) Lamborn Schock Brady (PA) Green, Al McNerney Crenshaw Long Smith (NE) Conaway Lance Schrader Braley (IA) Gutierrez Meeks Culberson Lucas Smith (NJ) Cook Lankford Schweikert Brown (FL) Hahn Meng Daines Luetkemeyer Smith (TX) Cooper Larsen (WA) Scott, Austin Brownley (CA) Hanabusa Michaud Davis, Rodney Lummis Southerland Costa Latham Sensenbrenner Bustos Hastings (FL) Miller, George Denham Marchant Stewart Cotton Latta Sessions Butterfield Heck (WA) Moran Dent Marino Stivers Cramer LoBiondo Shimkus Capps Higgins Nadler DeSantis Massie Stockman Crawford Long Shuster Capuano Himes Napolitano DesJarlais Matheson Stutzman Crenshaw Lucas Simpson Ca´ rdenas Holt Neal Duffy McCarthy (CA) Terry Crowley Luetkemeyer Smith (NE) Carney Honda Negrete McLeod Duncan (SC) McCaul Thompson (PA) Culberson Lummis Smith (NJ) Carson (IN) Horsford O’Rourke Duncan (TN) McClintock Thornberry Daines Marchant Smith (TX) Cartwright Hoyer Pallone Ellmers McHenry Tiberi Davis, Rodney Marino Southerland Castor (FL) Israel Pascrell Farenthold McKeon Tipton Denham Massie Stewart Castro (TX) Jackson Lee Pastor (AZ) Fincher McKinley Turner Dent Matheson Stivers Chu Jeffries Pelosi Fitzpatrick McMorris Upton DeSantis McCarthy (CA) Stockman Cicilline Johnson (GA) Peters (CA) Fleischmann Rodgers Valadao DesJarlais McCarthy (NY) Stutzman Clarke Johnson, E. B. Peters (MI) Fleming Meadows Vela Dingell McCaul Terry Clay Kaptur Pingree (ME) Flores Meehan Wagner Duffy McClintock Thompson (PA) Cleaver Keating Pocan Forbes Messer Walberg Duncan (SC) McHenry Thornberry Cohen Kelly (IL) Polis Fortenberry Mica Walden Duncan (TN) McKeon Tiberi Connolly Kennedy Price (NC) Foster Miller (FL) Walorski Ellmers McKinley Tipton Conyers Kildee Quigley Foxx Miller (MI) Walz Farenthold McMorris Turner Courtney Kilmer Rahall Franks (AZ) Mullin Weber (TX) Fincher Rodgers Upton Crowley Kind Rangel Frelinghuysen Mulvaney Webster (FL) Fleischmann Meadows Valadao Cuellar Kirkpatrick Richmond Gardner Murphy (FL) Wenstrup Fleming Meehan Vela Cummings Kuster Roybal-Allard Garrett Murphy (PA) Whitfield Flores Messer Wagner Davis (CA) Langevin Ruiz Gerlach Neugebauer Williams Forbes Mica Walberg Davis, Danny Larsen (WA) Ruppersberger Gibbs Noem Wilson (SC) Fortenberry Miller (FL) Walden DeFazio Larson (CT) Rush Gibson Nolan Wittman Foxx Miller (MI) Walorski Delaney Lee (CA) Ryan (OH) Gingrey (GA) Nugent Wolf Franks (AZ) Mullin Walz DeLauro Levin Sa´ nchez, Linda Gohmert Nunes Womack Frelinghuysen Mulvaney Weber (TX) DelBene Lewis T. Goodlatte Nunnelee Woodall Gallego Murphy (FL) Webster (FL) Deutch Lipinski Sanchez, Loretta Gosar Olson Yoder Gardner Murphy (PA) Wenstrup Dingell Loebsack Schakowsky Gowdy Owens Yoho Garrett Neugebauer Whitfield Doggett Lofgren Schiff Granger Palazzo Young (IN) Gerlach Noem Williams Doyle Lowenthal Schneider Gibbs Nolan Wilson (SC) Duckworth Lowey Schwartz NOT VOTING—18 Gingrey (GA) Nugent Wittman Edwards Lujan Grisham Scott (VA) Bonner Herrera Beutler Ros-Lehtinen Gohmert Nunes Wolf Ellison (NM) Scott, David Burgess Huffman Sarbanes Goodlatte Nunnelee Womack Engel Luja´ n, Ben Ray Serrano Clyburn Markey Speier Gosar Olson Woodall Enyart (NM) Sewell (AL) Cole Miller, Gary Westmoreland Gowdy Owens Yoder Eshoo Lynch Shea-Porter DeGette Moore Young (AK) Granger Palazzo Yoho Esty Maffei Sherman Diaz-Balart Payne Young (FL)

VerDate Mar 15 2010 03:43 May 23, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.036 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2889 b 1811 NOES—238 vote on the amendment offered by the Aderholt Graves (MO) Owens gentlewoman from Connecticut (Ms. So the amendment was rejected. Alexander Green, Al Palazzo ESTY) on which further proceedings The result of the vote was announced Amash Green, Gene Paulsen were postponed and on which the noes as above recorded. Amodei Griffin (AR) Pearce Bachmann Griffith (VA) Perry prevailed by voice vote. AMENDMENT NO. 5 OFFERED BY MR. RAHALL Bachus Grimm Peterson The Clerk will redesignate the The Acting CHAIR. The unfinished Barletta Guthrie Petri amendment. Barr Hall Pittenger business is the demand for a recorded Barrow (GA) Hanna Pitts The Clerk redesignated the amend- vote on the amendment offered by the Barton Harper Poe (TX) ment. Benishek Harris Pompeo gentleman from West Virginia (Mr. RECORDED VOTE Bentivolio Hartzler Posey AHALL R ) on which further proceedings Bilirakis Hastings (WA) Price (GA) The Acting CHAIR. A recorded vote were postponed and on which the noes Bishop (GA) Heck (NV) Radel has been demanded. prevailed by voice vote. Bishop (UT) Hensarling Reed Black Hinojosa A recorded vote was ordered. The Clerk will redesignate the Reichert Blackburn Holding Renacci The Acting CHAIR. This will be a 2- amendment. Boustany Hudson Ribble minute vote. The Clerk redesignated the amend- Brady (TX) Huelskamp Rice (SC) Bridenstine Huizenga (MI) The vote was taken by electronic de- ment. Rigell Brooks (AL) Hultgren Roby vice, and there were—ayes 182, noes 234, Brooks (IN) RECORDED VOTE Hunter Roe (TN) not voting 17, as follows: Broun (GA) Hurt Rogers (AL) The Acting CHAIR. A recorded vote Buchanan Issa Rogers (KY) [Roll No. 174] has been demanded. Bucshon Jenkins Rogers (MI) AYES—182 Calvert Johnson (OH) Rohrabacher A recorded vote was ordered. Barber Hahn Pallone Camp Johnson, Sam Rokita Bass Hanabusa Pascrell The Acting CHAIR. This will be a 2- Campbell Jones Rooney Beatty Hastings (FL) Cantor Jordan Roskam Pastor (AZ) minute vote. Becerra Heck (WA) Capito Joyce Ross Pelosi The vote was taken by electronic de- Carter Kelly (PA) Bera (CA) Higgins Rothfus Perlmutter Cassidy King (IA) Bishop (NY) Himes vice, and there were—ayes 177, noes 238, Royce Peters (CA) Chabot King (NY) Blumenauer Hinojosa not voting 18, as follows: Runyan Peters (MI) Chaffetz Kingston Bonamici Holt Ryan (WI) Pingree (ME) Coble Kinzinger (IL) Brady (PA) Honda [Roll No. 173] Salmon Pocan Coffman Kline Braley (IA) Horsford Sanford Polis AYES—177 Collins (GA) Labrador Brown (FL) Hoyer Scalise Price (NC) Collins (NY) LaMalfa Brownley (CA) Huffman Andrews Grijalva Pallone Schock Quigley Conaway Lamborn Bustos Israel Barber Gutierrez Pascrell Schweikert Rahall Cook Lance Butterfield Jackson Lee Bass Hahn Pastor (AZ) Scott, Austin Rangel Beatty Hanabusa Cooper Lankford Capps Jeffries Pelosi Sensenbrenner Richmond Becerra Hastings (FL) Costa Latham Capuano Johnson (GA) Perlmutter Sessions Roybal-Allard Bera (CA) Heck (WA) Cotton Latta Ca´ rdenas Johnson, E. B. Peters (CA) Shimkus Ruiz Bishop (NY) Higgins Peters (MI) Cramer Lipinski Carney Kaptur Shuster Carson (IN) Keating Ruppersberger Blumenauer Himes Pingree (ME) Crawford LoBiondo Simpson Cartwright Kelly (IL) Rush Bonamici Holt Pocan Crenshaw Long Smith (NE) Castor (FL) Kennedy Ryan (OH) Brady (PA) Honda Polis Cuellar Lucas Culberson Smith (NJ) Castro (TX) Kildee Sa´ nchez, Linda Braley (IA) Horsford Price (NC) Luetkemeyer Daines Lummis Smith (TX) Chu Kilmer T. Brown (FL) Hoyer Quigley Davis, Rodney Maffei Southerland Cicilline Kind Sanchez, Loretta Brownley (CA) Huffman Rahall Denham Maloney, Sean Stewart Clarke Kirkpatrick Schakowsky Bustos Israel Rangel Dent Marchant Stivers Cleaver Kuster Schiff Butterfield Jackson Lee Richmond DeSantis Marino Stockman Cohen Langevin Schneider Capps Jeffries Roybal-Allard DesJarlais Massie Stutzman Connolly Larsen (WA) Schrader Capuano Johnson (GA) Ruiz Ca´ rdenas Johnson, E. B. Duffy Matheson Terry Conyers Larson (CT) Schwartz Ruppersberger Carney Kaptur Duncan (SC) McCarthy (CA) Thompson (PA) Courtney Levin Scott (VA) Rush Carson (IN) Keating Duncan (TN) McCaul Thornberry Crowley Lewis Scott, David Ryan (OH) Cartwright Kelly (IL) Ellmers McClintock Tiberi Cummings Lipinski Serrano Sa´ nchez, Linda Castor (FL) Kennedy Farenthold McHenry Tipton Davis (CA) Loebsack Sewell (AL) T. Castro (TX) Kildee Fincher McIntyre Turner Davis, Danny Lofgren Shea-Porter Sanchez, Loretta Chu Kilmer Fitzpatrick McKeon Upton DeFazio Lowenthal Sherman Schakowsky Cicilline Kind Fleischmann McKinley Valadao Delaney Lowey Sinema Schiff Clarke Kirkpatrick Fleming McMorris Vela DeLauro Lujan Grisham Sires Schneider Clay Kuster Flores Rodgers Wagner DelBene (NM) Schrader Slaughter Cleaver Langevin Forbes Meadows Walberg Deutch Luja´ n, Ben Ray Schwartz Smith (WA) Cohen Larsen (WA) Fortenberry Meehan Walden Dingell (NM) Swalwell (CA) Scott (VA) Doggett Lynch Connolly Larson (CT) Foxx Messer Walorski Takano Scott, David Weber (TX) Doyle Maffei Conyers Lee (CA) Franks (AZ) Mica Thompson (CA) Serrano Webster (FL) Duckworth Maloney, Courtney Levin Frelinghuysen Miller (FL) Thompson (MS) Sewell (AL) Gardner Miller (MI) Wenstrup Edwards Carolyn Crowley Lewis Tierney Shea-Porter Garrett Mullin Whitfield Ellison Maloney, Sean Cummings Loebsack Titus Sherman Gerlach Mulvaney Williams Engel Matsui Davis (CA) Lofgren Tonko Sinema Gibbs Murphy (FL) Wilson (SC) Enyart McCarthy (NY) Davis, Danny Lowenthal Tsongas Sires Gibson Murphy (PA) Wittman Eshoo McCollum DeFazio Lowey Van Hollen Delaney Lujan Grisham Slaughter Gingrey (GA) Neugebauer Wolf Esty McDermott Vargas DeLauro (NM) Smith (WA) Goodlatte Noem Womack Farr McGovern Veasey DelBene Luja´ n, Ben Ray Swalwell (CA) Gosar Nugent Woodall Fattah McNerney Vela Deutch (NM) Takano Gowdy Nunes Yoder Foster Meeks Vela´ zquez Dingell Lynch Thompson (CA) Granger Nunnelee Yoho Frankel (FL) Meng Visclosky Doggett Maloney, Thompson (MS) Graves (GA) Olson Young (IN) Fudge Michaud Tierney Gabbard Miller, George Walz Doyle Carolyn NOT VOTING—18 Duckworth Matsui Titus Gallego Moran Wasserman Edwards McCarthy (NY) Tonko Bonner Gohmert Ros-Lehtinen Garamendi Murphy (FL) Schultz Ellison McCollum Tsongas Burgess Herrera Beutler Sarbanes Garcia Nadler Waters Engel McDermott Van Hollen Clyburn Markey Speier Grayson Napolitano Watt Enyart McGovern Vargas Cole Miller, Gary Westmoreland Green, Al Neal Waxman Eshoo McNerney Veasey DeGette Moore Young (AK) Green, Gene Negrete McLeod Welch Esty Meeks Vela´ zquez Diaz-Balart Payne Young (FL) Grijalva Nolan Wilson (FL) Farr Meng Visclosky Gutierrez O’Rourke Yarmuth Fattah Michaud Walz b 1815 NOES—234 Foster Miller, George Wasserman So the amendment was rejected. Frankel (FL) Moran Schultz Aderholt Barletta Bishop (GA) Fudge Nadler Waters The result of the vote was announced Alexander Barr Bishop (UT) Gabbard Napolitano Watt as above recorded. Amash Barrow (GA) Black Gallego Neal Waxman AMENDMENT NO. 6 OFFERED BY MS. ESTY Amodei Barton Blackburn Garamendi Negrete McLeod Welch Andrews Benishek Boustany Garcia Nolan Wilson (FL) The Acting CHAIR. The unfinished Bachmann Bentivolio Brady (TX) Grayson O’Rourke Yarmuth business is the demand for a recorded Bachus Bilirakis Bridenstine

VerDate Mar 15 2010 03:43 May 23, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.111 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2890 CONGRESSIONAL RECORD — HOUSE May 22, 2013 Brooks (AL) Hastings (WA) Pitts The Clerk will redesignate the Cramer Joyce Renacci Brooks (IN) Heck (NV) Poe (TX) amendment. Crawford Kelly (PA) Ribble Broun (GA) Hensarling Pompeo Crenshaw King (IA) Rice (SC) Buchanan Holding Posey The Clerk redesignated the amend- Culberson King (NY) Rigell Bucshon Hudson Price (GA) ment. Daines Kingston Roby Calvert Huelskamp Radel Davis, Rodney Kinzinger (IL) Roe (TN) RECORDED VOTE Camp Huizenga (MI) Reed Denham Kline Rogers (AL) Campbell Hultgren Reichert The Acting CHAIR. A recorded vote Dent Labrador Rogers (KY) Cantor Hunter Renacci has been demanded. DeSantis LaMalfa Rogers (MI) Capito Hurt Ribble DesJarlais Lamborn Rohrabacher Carter Issa A recorded vote was ordered. Duffy Lance Rice (SC) Rokita Cassidy Jenkins Duncan (SC) Lankford Rigell The Acting CHAIR. This will be a 2- Rooney Chabot Johnson (OH) Duncan (TN) Latham Roby minute vote. Roskam Chaffetz Johnson, Sam Ellmers Latta Roe (TN) Ross Clay Jones The vote was taken by electronic de- Farenthold LoBiondo Rogers (AL) Coble Jordan vice, and there were—ayes 182, noes 234, Fincher Long Rothfus Rogers (KY) Coffman Joyce Fitzpatrick Lucas Royce Rogers (MI) not voting 17, as follows: Collins (GA) Kelly (PA) Fleischmann Luetkemeyer Runyan Rohrabacher Collins (NY) King (IA) [Roll No. 175] Fleming Lummis Ryan (WI) Rokita Conaway King (NY) AYES—182 Flores Marchant Salmon Cook Kingston Rooney Forbes Marino Sanford Andrews Grijalva Nolan Cooper Kinzinger (IL) Roskam Fortenberry Massie Scalise Barber Gutierrez Costa Kline Ross O’Rourke Foxx Matheson Schock Bass Hahn Cotton Labrador Rothfus Pallone Franks (AZ) McCarthy (CA) Schrader Beatty Hanabusa Cramer LaMalfa Royce Pascrell Frelinghuysen McCarthy (NY) Schweikert Becerra Hastings (FL) Crawford Lamborn Runyan Pastor (AZ) Garcia McCaul Scott, Austin Bera (CA) Heck (WA) Crenshaw Lance Ryan (WI) Pelosi Gardner McClintock Sensenbrenner Bishop (GA) Higgins Cuellar Lankford Salmon Peters (CA) Garrett McHenry Sessions Bishop (NY) Himes Culberson Latham Sanford Peters (MI) Gerlach McIntyre Shimkus Blumenauer Hinojosa Daines Latta Scalise Pingree (ME) Gibbs McKeon Shuster Bonamici Holt Davis, Rodney Lee (CA) Schock Pocan Gibson McKinley Simpson Brady (PA) Honda Denham LoBiondo Schweikert Polis Gingrey (GA) McMorris Smith (NE) Braley (IA) Horsford Dent Long Scott, Austin Price (NC) Gohmert Rodgers Brown (FL) Hoyer Smith (NJ) DeSantis Lucas Sensenbrenner Quigley Goodlatte Meadows Brownley (CA) Huffman Smith (TX) DesJarlais Luetkemeyer Sessions Rahall Gosar Meehan Bustos Israel Southerland Duffy Lummis Shimkus Gowdy Messer Butterfield Jackson Lee Rangel Stewart Duncan (SC) Marchant Shuster Granger Mica Capps Jeffries Richmond Stivers Duncan (TN) Marino Simpson Graves (GA) Miller (FL) Capuano Johnson (GA) Roybal-Allard Stockman Ellmers Massie Smith (NE) Graves (MO) Miller (MI) Ca´ rdenas Johnson, E. B. Ruiz Stutzman Farenthold Matheson Green, Gene Mullin Smith (NJ) Carney Kaptur Ruppersberger Terry Fincher McCarthy (CA) Griffin (AR) Mulvaney Smith (TX) Carson (IN) Keating Rush Thompson (PA) Fitzpatrick McCaul Griffith (VA) Murphy (PA) Southerland Cartwright Kelly (IL) Ryan (OH) Thornberry Fleischmann McClintock Grimm Neugebauer Stewart Castor (FL) Kennedy Sa´ nchez, Linda Tiberi Fleming McHenry Guthrie Noem Stivers Castro (TX) Kildee T. Tipton Flores McIntyre Hall Nugent Stockman Chu Kilmer Sanchez, Loretta Turner Forbes McKeon Hanna Nunes Stutzman Cicilline Kind Schakowsky Upton Fortenberry McKinley Harper Nunnelee Terry Clarke Kirkpatrick Schiff Valadao Foxx McMorris Harris Olson Thompson (PA) Clay Kuster Wagner Franks (AZ) Rodgers Schneider Hartzler Owens Thornberry Cleaver Langevin Frelinghuysen Meadows Schwartz Hastings (WA) Palazzo Walberg Tiberi Cohen Larsen (WA) Gardner Meehan Scott (VA) Heck (NV) Paulsen Walden Tipton Connolly Larson (CT) Garrett Messer Scott, David Hensarling Pearce Walorski Turner Conyers Lee (CA) Gerlach Mica Serrano Holding Perlmutter Weber (TX) Upton Courtney Levin Gibbs Miller (FL) Sewell (AL) Hudson Perry Webster (FL) Valadao Crowley Lewis Gibson Miller (MI) Shea-Porter Huelskamp Peterson Wenstrup Wagner Cuellar Lipinski Gingrey (GA) Mullin Sherman Huizenga (MI) Petri Whitfield Walberg Cummings Loebsack Gohmert Mulvaney Sinema Hultgren Pittenger Williams Davis (CA) Lofgren Goodlatte Murphy (PA) Walden Sires Hunter Pitts Wilson (SC) Davis, Danny Lowenthal Gosar Neugebauer Walorski Slaughter Hurt Poe (TX) Wittman DeFazio Lowey Gowdy Noem Weber (TX) Smith (WA) Issa Pompeo Wolf Delaney Lujan Grisham Granger Nugent Webster (FL) Swalwell (CA) Jenkins Posey Womack DeLauro (NM) Graves (GA) Nunes Wenstrup Takano Johnson (OH) Price (GA) Woodall DelBene Luja´ n, Ben Ray Graves (MO) Nunnelee Whitfield Thompson (CA) Johnson, Sam Radel Yoder Deutch (NM) Griffin (AR) Olson Williams Thompson (MS) Jones Reed Yoho Dingell Lynch Griffith (VA) Owens Wilson (SC) Tierney Jordan Reichert Young (IN) Doggett Maffei Grimm Palazzo Wittman Titus Doyle Maloney, Guthrie Paulsen Wolf NOT VOTING—17 Duckworth Carolyn Tonko Hall Pearce Womack Bonner Herrera Beutler Sarbanes Edwards Maloney, Sean Tsongas Hanna Perry Woodall Burgess Markey Ellison Matsui Van Hollen Speier Harper Peterson Yoder Clyburn Miller, Gary Engel McCollum Vargas Westmoreland Harris Petri Yoho Cole Moore Enyart McDermott Veasey Young (AK) Hartzler Pittenger Young (IN) DeGette Payne Eshoo McGovern Vela Young (FL) Diaz-Balart Ros-Lehtinen NOT VOTING—17 Esty McNerney Vela´ zquez Farr Meeks Visclosky Bonner Herrera Beutler Sarbanes b 1823 Fattah Meng Walz Burgess Markey Speier Foster Michaud Wasserman So the amendment was rejected. Clyburn Miller, Gary Westmoreland Frankel (FL) Miller, George Schultz Cole Moore The result of the vote was announced Young (AK) Fudge Moran Waters DeGette Payne as above recorded. Young (FL) Gabbard Murphy (FL) Watt Diaz-Balart Ros-Lehtinen Gallego Nadler Waxman AMENDMENT NO. 8 OFFERED BY MS. CHU b 1819 Garamendi Napolitano Welch The Acting CHAIR. The unfinished Grayson Neal Wilson (FL) business is the demand for a recorded Ms. LEE of California changed her Green, Al Negrete McLeod Yarmuth vote from ‘‘aye’’ to ‘‘no.’’ vote on the amendment offered by the So the amendment was rejected. NOES—234 gentlewoman from California (Ms. CHU) The result of the vote was announced Aderholt Black Capito on which further proceedings were Alexander Blackburn Carter postponed and on which the noes pre- as above recorded. Amash Boustany Cassidy AMENDMENT NO. 7 OFFERED BY MS. JACKSON Amodei Brady (TX) Chabot vailed by voice vote. LEE Bachmann Bridenstine Chaffetz The Clerk will redesignate the The Acting CHAIR. The unfinished Bachus Brooks (AL) Coble amendment. Barletta Brooks (IN) Coffman The Clerk redesignated the amend- business is the demand for a recorded Barr Broun (GA) Collins (GA) vote on the amendment offered by the Barrow (GA) Buchanan Collins (NY) ment. gentlewoman from Texas (Ms. JACKSON Barton Bucshon Conaway RECORDED VOTE LEE) on which further proceedings were Benishek Calvert Cook The Acting CHAIR. A recorded vote Bentivolio Camp Cooper postponed and on which the noes pre- Bilirakis Campbell Costa has been demanded. vailed by voice vote. Bishop (UT) Cantor Cotton A recorded vote was ordered.

VerDate Mar 15 2010 03:43 May 23, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.039 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2891 The Acting CHAIR. This will be a 2- Garrett Luetkemeyer Rokita The vote was taken by electronic de- minute vote. Gerlach Lummis Rooney vice, and there were—ayes 162, noes 255, Gibbs Marchant Roskam The vote was taken by electronic de- Gingrey (GA) Marino Ross not voting 16, as follows: vice, and there were—ayes 185, noes 231, Gohmert Massie Rothfus [Roll No. 177] not voting 17, as follows: Goodlatte Matheson Royce Gosar McCarthy (CA) Runyan AYES—162 Gowdy [Roll No. 176] McCaul Ryan (WI) Andrews Grayson Neal Granger McClintock Salmon Barrow (GA) Grijalva Negrete McLeod AYES—185 Graves (GA) McHenry Sanford Bass Gutierrez Nolan Graves (MO) McKeon Andrews Grijalva Nolan Scalise Beatty Hahn O’Rourke Green, Gene McKinley Barber Gutierrez O’Rourke Schock Becerra Hanabusa Pallone Griffin (AR) McMorris Bass Hahn Pallone Schrader Bera (CA) Hastings (FL) Pascrell Griffith (VA) Rodgers Beatty Hanabusa Pascrell Schweikert Bishop (GA) Heck (WA) Grimm Meadows Pastor (AZ) Becerra Hastings (FL) Pastor (AZ) Bishop (NY) Higgins Guthrie Meehan Scott, Austin Pelosi Bera (CA) Heck (WA) Pelosi Blumenauer Holt Hall Messer Sensenbrenner Perlmutter Bishop (NY) Higgins Perlmutter Sessions Bonamici Honda Peters (CA) Blumenauer Himes Hanna Mica Braley (IA) Hoyer Peters (CA) Harper Miller (FL) Shimkus Peters (MI) Bonamici Hinojosa Peters (MI) Shuster Brown (FL) Huffman Pingree (ME) Brady (PA) Holt Harris Miller (MI) Pingree (ME) Simpson Brownley (CA) Israel Pocan Braley (IA) Honda Hartzler Mullin Bustos Johnson, E. B. Pocan Smith (NE) Price (NC) Brown (FL) Horsford Hastings (WA) Mulvaney Butterfield Kaptur Polis Smith (NJ) Quigley Brownley (CA) Hoyer Heck (NV) Murphy (PA) Capps Keating Price (NC) Smith (TX) Rangel Bustos Huffman Hensarling Neugebauer Capuano Kelly (IL) Quigley Southerland Roybal-Allard Butterfield Israel Holding Noem Ca´ rdenas Kennedy Rahall Ruiz Capps Jackson Lee Hudson Nugent Stewart Carney Kildee Ruppersberger Capuano Jeffries Rangel Huelskamp Nunes Stivers Cartwright Kilmer Rush Ca´ rdenas Johnson (GA) Richmond Huizenga (MI) Nunnelee Stockman Castor (FL) Kind Sa´ nchez, Linda Carney Johnson, E. B. Roybal-Allard Hultgren Olson Stutzman Chu Kirkpatrick T. Carson (IN) Kaptur Ruiz Hunter Owens Terry Cicilline Kuster Sanchez, Loretta Cartwright Keating Ruppersberger Hurt Palazzo Thompson (PA) Clarke Langevin Castor (FL) Kelly (IL) Rush Issa Paulsen Thornberry Clay Larson (CT) Schakowsky Castro (TX) Kennedy Ryan (OH) Jenkins Pearce Tiberi Cleaver Lee (CA) Schiff Chu Kildee Sa´ nchez, Linda Johnson (OH) Perry Tipton Cohen Levin Schneider Cicilline Kilmer T. Johnson, Sam Peterson Turner Connolly Lewis Schwartz Jones Petri Clarke Kind Sanchez, Loretta Upton Conyers Lipinski Scott (VA) Jordan Pittenger Scott, David Clay Kirkpatrick Schakowsky Valadao Courtney Loebsack Joyce Pitts Serrano Cleaver Kuster Schiff Wagner Crowley Lofgren Kelly (PA) Poe (TX) Shea-Porter Cohen Langevin Schneider Walberg Cummings Lowenthal King (IA) Pompeo Sherman Connolly Larson (CT) Schwartz Walden Davis (CA) Lowey King (NY) Posey Sinema Conyers Lee (CA) Scott (VA) Walorski Davis, Danny Lujan Grisham Kingston Price (GA) Slaughter Costa Levin Scott, David Weber (TX) Davis, Rodney (NM) Kinzinger (IL) Radel Smith (WA) Courtney Lewis Serrano Webster (FL) DeFazio Luja´ n, Ben Ray Kline Reed Swalwell (CA) Crowley Lipinski Sewell (AL) Wenstrup Delaney (NM) Labrador Reichert Takano Cuellar Loebsack Shea-Porter Whitfield DeLauro Lynch LaMalfa Renacci Thompson (CA) Cummings Lofgren Sherman Williams DelBene Maffei Davis (CA) Lowenthal Lamborn Ribble Thompson (MS) Sinema Wilson (SC) Deutch Maloney, Davis, Danny Lowey Lance Rice (SC) Tierney Sires Wittman Doggett Carolyn DeFazio Lujan Grisham Lankford Rigell Duckworth Maloney, Sean Titus Slaughter Wolf Delaney (NM) Larsen (WA) Roby Edwards Matsui Tonko Smith (WA) Womack DeLauro Luja´ n, Ben Ray Latham Roe (TN) Ellison McCollum Tsongas Swalwell (CA) Woodall DelBene (NM) Latta Rogers (AL) Van Hollen Takano Engel McDermott Deutch Lynch LoBiondo Rogers (KY) Yoder Vargas Thompson (CA) Enyart McGovern Dingell Maffei Long Rogers (MI) Yoho Veasey Thompson (MS) Eshoo McIntyre Doggett Maloney, Lucas Rohrabacher Young (IN) Farr McNerney Vela´ zquez Tierney Doyle Carolyn Fattah Meng Wasserman Titus NOT VOTING—17 Duckworth Maloney, Sean Fitzpatrick Michaud Schultz Tonko Edwards Matsui Bonner Herrera Beutler Sarbanes Foster Miller, George Waters Tsongas Ellison McCarthy (NY) Burgess Markey Speier Frankel (FL) Moore Watt Van Hollen Engel McCollum Clyburn Miller, Gary Westmoreland Gabbard Moran Waxman Enyart McDermott Vargas Cole Moore Young (AK) Garamendi Murphy (FL) Welch Eshoo McGovern Veasey DeGette Payne Young (FL) Garcia Nadler Wilson (FL) Esty McIntyre Vela Diaz-Balart Ros-Lehtinen Gibson Napolitano Yarmuth Farr McNerney Vela´ zquez Fattah Meeks Visclosky b 1827 NOES—255 Walz Fortenberry Meng So the amendment was rejected. Aderholt Chabot Fortenberry Wasserman Foster Michaud Alexander Chaffetz Foxx Schultz The result of the vote was announced Frankel (FL) Miller, George Amash Coble Franks (AZ) Waters Fudge Moran as above recorded. Amodei Coffman Frelinghuysen Watt Gabbard Murphy (FL) PERSONAL EXPLANATION Bachmann Collins (GA) Fudge Garamendi Nadler Waxman Ms. MOORE. Mr. Chair, on designated roll- Bachus Collins (NY) Gallego Gibson Napolitano Welch Barber Conaway Gardner Grayson Neal Wilson (FL) call No. 169, ‘‘no;’’ 170, ‘‘aye;’’ 171, ‘‘aye;’’ Barletta Cook Garrett Green, Al Negrete McLeod Yarmuth 172, ‘‘aye;’’ 173, ‘‘aye;’’ 174, ‘‘aye;’’ 175, Barr Cooper Gerlach ‘‘aye;’’ 176, ‘‘aye.’’ Barton Costa Gibbs NOES—231 Benishek Cotton Gingrey (GA) Aderholt Buchanan Daines AMENDMENT NO. 10 OFFERED BY MR. HOLT Bentivolio Cramer Gohmert Alexander Bucshon Davis, Rodney The Acting CHAIR. The unfinished Bilirakis Crawford Goodlatte Amash Calvert Denham business is the demand for a recorded Bishop (UT) Crenshaw Gosar Amodei Camp Dent Black Cuellar Gowdy Bachmann Campbell DeSantis vote on the amendment offered by the Blackburn Culberson Granger Bachus Cantor DesJarlais gentleman from New Jersey (Mr. HOLT) Boustany Daines Graves (GA) Barletta Capito Duffy on which further proceedings were Brady (PA) Denham Graves (MO) Barr Carter Duncan (SC) Brady (TX) Dent Green, Al Barrow (GA) Cassidy Duncan (TN) postponed and on which the noes pre- Bridenstine DeSantis Green, Gene Barton Chabot Ellmers vailed by voice vote. Brooks (AL) DesJarlais Griffin (AR) Benishek Chaffetz Farenthold The Clerk will redesignate the Brooks (IN) Dingell Griffith (VA) Bentivolio Coble Fincher amendment. Broun (GA) Doyle Grimm Bilirakis Coffman Fitzpatrick Buchanan Duffy Guthrie Bishop (GA) Collins (GA) Fleischmann The Clerk redesignated the amend- Bucshon Duncan (SC) Hall Bishop (UT) Collins (NY) Fleming ment. Calvert Duncan (TN) Hanna Black Conaway Flores Camp Ellmers Harper RECORDED VOTE Blackburn Cook Forbes Campbell Esty Harris Boustany Cooper Foxx The Acting CHAIR. A recorded vote Cantor Farenthold Hartzler Brady (TX) Cotton Franks (AZ) has been demanded. Capito Fincher Hastings (WA) Bridenstine Cramer Frelinghuysen A recorded vote was ordered. Carson (IN) Fleischmann Heck (NV) Brooks (AL) Crawford Gallego Carter Fleming Hensarling Brooks (IN) Crenshaw Garcia The Acting CHAIR. This will be a 2- Cassidy Flores Himes Broun (GA) Culberson Gardner minute vote. Castro (TX) Forbes Hinojosa

VerDate Mar 15 2010 03:43 May 23, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.118 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2892 CONGRESSIONAL RECORD — HOUSE May 22, 2013 Holding Meeks Salmon The SPEAKER pro tempore. Under That’s right. The Keystone XL pipe- Horsford Messer Sanford the rule, the previous question is or- line, and all other tar sands importers, Hudson Mica Scalise Huelskamp Miller (FL) Schock dered. get all of the protections of the fund if Huizenga (MI) Miller (MI) Schrader Is a separate vote demanded on any they have an oil spill, but they do not Hultgren Mullin Schweikert amendment to the amendment re- have to pay a dime into it up front. Hunter Mulvaney Scott, Austin ported from the Committee of the As we have seen during the Keystone Hurt Murphy (PA) Sensenbrenner Issa Neugebauer Sessions Whole? debate on this floor, we can argue over Jackson Lee Noem Sewell (AL) If not, the question is on the amend- the merits of tar sands oil and we can Jeffries Nugent Shimkus ment in the nature of a substitute, as Jenkins Nunes argue over the merits of granting spe- Shuster Johnson (GA) Nunnelee amended. cial permit waivers to TransCanada to Simpson Johnson (OH) Olson The amendment was agreed to. Sires build the Keystone pipeline. Johnson, Sam Owens The SPEAKER pro tempore. The Smith (NE) However, I would hope that we could Jones Palazzo question is on the engrossment and Jordan Paulsen Smith (NJ) all agree that this Congress should not Joyce Pearce Smith (TX) third reading of the bill. allow the importers of Keystone pipe- Kelly (PA) Perry Southerland The bill was ordered to be engrossed line tar sands to avoid the per barrel Stewart King (IA) Peterson and read a third time, and was read the charge that all other oil companies pay King (NY) Petri Stivers third time. Kingston Pittenger Stockman to finance the Oil Spill Liability Trust Kinzinger (IL) Pitts Stutzman MOTION TO RECOMMIT Fund. Kline Poe (TX) Terry Mr. BISHOP of New York. Mr. Speak- In 2011, the Internal Revenue Service Labrador Polis Thompson (PA) er, I have a motion to recommit at the concluded that the definitions of LaMalfa Pompeo Thornberry desk. Lamborn Posey Tiberi ‘‘crude oil’’ and ‘‘petroleum product’’ Lance Price (GA) Tipton The SPEAKER pro tempore. Is the in the Tax Code do not clearly include Lankford Radel Turner gentleman opposed to the bill? tar sands. This interpretation, if al- Larsen (WA) Rahall Upton Mr. BISHOP of New York. In its cur- lowed to stand, exempts the Keystone Latham Reed Valadao rent form, I am. Latta Reichert XL pipeline tar sands from the excise Vela The SPEAKER pro tempore. The LoBiondo Renacci Visclosky tax that finances the Oil Spill Liability Long Ribble Clerk will report the motion to recom- Wagner Trust Fund. In short, this is a $66,000 Lucas Rice (SC) Walberg mit. Luetkemeyer Richmond per day tax break. Walden The Clerk read as follows: Lummis Rigell Walorski I am sure that some of my Repub- Marchant Roby Mr. BISHOP of New York moves to recom- Walz Marino Roe (TN) mit the bill H.R. 3 to the Committee on lican colleagues will argue that H.R. 3 Massie Rogers (AL) Weber (TX) Transportation and Infrastructure with in- is not the appropriate vehicle for mak- Webster (FL) Matheson Rogers (KY) structions to report the same back to the ing this change to the law, that we McCarthy (CA) Rogers (MI) Wenstrup Whitfield House forthwith with the following amend- should not single out Keystone XL McCarthy (NY) Rohrabacher ment: McCaul Rokita Williams pipeline, and that Congress should con- McClintock Rooney Wilson (SC) At the end of the bill, add the following sider this change as a part of com- McHenry Roskam Wittman new section: prehensive tax reform. Wolf McKeon Ross SEC. 9. REQUIREMENT THAT TRANSCANADA KEY- To my colleagues across the aisle, I McKinley Rothfus Womack STONE PIPELINE, L.P. PAY FOR ANY McMorris Royce Woodall OIL SPILL CLEANUP ON AMERICAN would argue that this entire bill is Rodgers Runyan Yoder SOIL. about singling out the Keystone XL Meadows Ryan (OH) Yoho In the approval process authorized under pipeline, providing special rules and Meehan Ryan (WI) Young (IN) this Act, TransCanada Keystone Pipeline, deeming permits approved for every- NOT VOTING—16 L.P. shall certify to the President that di- thing anyone can think of. Bonner Herrera Beutler Speier luted bitumen and other materials derived Our amendment will ensure that from tar sands or oil sands that are trans- Burgess Markey Westmoreland TransCanada certifies to the President Clyburn Miller, Gary Young (AK) ported through the Keystone XL pipeline Cole Payne Young (FL) will be treated as crude oil for the purposes that Keystone XL pipeline tar sands DeGette Ros-Lehtinen of determining contributions that fund the will be subject to the per barrel excise Diaz-Balart Sarbanes Oil Spill Liability Trust Fund. tax that funds the Oil Spill Liability b 1832 Mr. UPTON (during the reading). Mr. Trust Fund, ensuring that they pay Mr. POLIS changed his vote from Speaker, I ask unanimous consent to their fair share. ‘‘aye’’ to ‘‘no.’’ dispense with the reading of the I yield the remaining time to this So the amendment was rejected. amendment. amendment’s cosponsor, the gentle- The result of the vote was announced The SPEAKER pro tempore (Mr. woman from California (Mrs. CAPPS). as above recorded. LATHAM). Is there objection to the re- Stated against: quest of the gentleman from Michigan? b 1840 Mr. RODNEY DAVIS of Illinois. I inadvert- There was no objection. ently voted ‘‘aye’’ when I intended to oppose The SPEAKER pro tempore. The gen- Mrs. CAPPS. I thank my colleague the amendment. tleman from New York is recognized for yielding. The Acting CHAIR (Mr. MEADOWS). for 5 minutes. Mr. Speaker, whether it’s drilled on The question is on the amendment in Mr. BISHOP of New York. Mr. Speak- land, offshore, or transported via pipe- the nature of a substitute, as amended. er, the Bishop-Capps amendment is the line, oil spills are inevitable. Spills The amendment was agreed to. final amendment to the bill. It will not happen, and they will continue to hap- The Acting CHAIR. Under the rule, kill the bill or send it back to com- pen, regardless of what we’ve been told the Committee rises. mittee. If adopted, the bill will imme- by the oil companies building and Accordingly, the Committee rose; diately proceed to final passage as maintaining the pipelines. and the Speaker pro tempore (Mr. amended. TransCanada says it will implement HOLDING) having assumed the chair, Our amendment, which is similar to lots of safety measures, but accidents Mr. MEADOWS, Acting Chair of the amendments offered during our com- happen. In fact, accidents have already Committee of the Whole House on the mittee markups of H.R. 3, corrects a happened 14 times on the existing state of the Union, reported that that massive loophole in current law that TransCanada Keystone pipeline. And Committee, having had under consider- exempts Keystone XL pipeline tar they will almost certainly happen on ation the bill (H.R. 3) to approve the sands from paying millions of dollars the proposed Keystone XL pipeline, construction, operation, and mainte- into the Oil Spill Liability Trust Fund. too. Our amendment simply ensures nance of the Keystone XL pipeline, and Unlike U.S. crude oil companies, tar that those responsible for the spill pay for other purposes, and, pursuant to sands importers will not pay into the to clean it up. House Resolution 228, he reported the Oil Spill Trust Fund, even though the In 1969, my home district was victim bill back to the House with an amend- Trust Fund will be used to pay for any to one of the worst oil spills in U.S. ment adopted in the Committee of the cleanup costs from an oil spill on the history. I know firsthand the dev- Whole. Keystone XL pipeline. astating damage to human health,

VerDate Mar 15 2010 05:38 May 23, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.042 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2893 property, and natural resources that I remind my colleagues that 62 Mem- Visclosky Waters Wilson (FL) Walz Watt Yarmuth are caused by oil spills. I know there bers of the U.S. Senate earlier this Wasserman Waxman have been numerous assurances that year voted for this project. We need to Schultz Welch Keystone XL will be safer and spill do it here. Reject the motion to recom- NAYS—223 risks will be minimal, but safer simply mit and vote for final passage. does not equal safe, especially when Aderholt Granger Pearce I yield back the balance of my time. Alexander Graves (GA) Perry transporting tar sands crude. Tar sands The SPEAKER pro tempore. Without Amash Graves (MO) Petri crude is not only more corrosive and objection, the previous question is or- Amodei Griffin (AR) Pittenger dangerous than conventional crude, dered on the motion to recommit. Bachmann Griffith (VA) Pitts but it’s far more difficult to clean up in Bachus Grimm Poe (TX) There was no objection. Barletta Guthrie Pompeo the event of a spill. The SPEAKER pro tempore. The Barr Hall Posey We need look no further than the tar question is on the motion to recommit. Barton Hanna Price (GA) sands spill in Kalamazoo, Michigan, in The question was taken; and the Benishek Harper Radel 2010. Nearly 3 years after that spill, the Bentivolio Harris Reed Speaker pro tempore announced that Bilirakis Hartzler Reichert cleanup is still ongoing and the costs the noes appeared to have it. Bishop (UT) Hastings (WA) Renacci are approaching $1 billion. A spill from Mr. BISHOP of New York. Mr. Speak- Black Heck (NV) Ribble Blackburn Hensarling Keystone could have similarly dev- er, on that I demand the yeas and nays. Rice (SC) astating impacts in America’s heart- Boustany Holding Rigell The yeas and nays were ordered. Brady (TX) Hudson Roby land. If we’re going to bear 100 percent The SPEAKER pro tempore. Pursu- Bridenstine Huelskamp Roe (TN) of the spill risk as Americans, the least ant to clause 9 of rule XX, this 5- Brooks (AL) Huizenga (MI) Rogers (AL) we can do is ensure those responsible Brooks (IN) Hultgren Rogers (KY) minute vote on the motion to recom- Broun (GA) Hunter pay to clean it up. That’s all this Rogers (MI) mit will be followed by a 5-minute vote Buchanan Hurt Rohrabacher amendment does. And I think there’s on the passage of the bill, if ordered. Bucshon Issa Rokita Burgess Jenkins broad agreement on this point. The vote was taken by electronic de- Rooney This is our opportunity to fix the Calvert Johnson (OH) Roskam vice, and there were—yeas 194, nays Camp Johnson, Sam problem right now. If the Keystone XL Ross 223, not voting 16, as follows: Campbell Jones Rothfus pipeline is approved as is, the tar sands Cantor Jordan [Roll No. 178] Royce crude oil will literally get a free ride Capito Joyce Runyan through the United States. Our amend- YEAS—194 Carter Kelly (PA) Ryan (WI) Cassidy King (IA) Salmon ment ends this. Andrews Garamendi Miller, George Chabot King (NY) Sanford Barber Garcia Moore Chaffetz Kingston I urge my colleagues to end the free Scalise Barrow (GA) Grayson Moran Coble Kinzinger (IL) ride and vote for this amendment. Schock Bass Green, Al Murphy (FL) Coffman Kline Mr. BISHOP of New York. I yield Schweikert Beatty Green, Gene Nadler Collins (GA) Labrador Scott, Austin back the balance of my time. Becerra Grijalva Napolitano Collins (NY) LaMalfa Sensenbrenner Mr. UPTON. Mr. Speaker, I rise in Bera (CA) Gutierrez Neal Conaway Lamborn Sessions Bishop (GA) Hahn Negrete McLeod Cook Lance opposition to the motion to recommit. Shimkus Bishop (NY) Hanabusa Nolan Cotton Lankford The SPEAKER pro tempore. The gen- Shuster Blumenauer Hastings (FL) O’Rourke Cramer Latham Simpson tleman from Michigan is recognized for Bonamici Heck (WA) Owens Crawford Latta 5 minutes. Brady (PA) Higgins Pallone Crenshaw LoBiondo Smith (NE) Mr. UPTON. Mr. Speaker, a review Braley (IA) Himes Pascrell Culberson Long Smith (NJ) Brown (FL) Hinojosa Pastor (AZ) Smith (TX) over how to treat crude oil derived Daines Lucas Brownley (CA) Holt Pelosi Davis, Rodney Luetkemeyer Southerland from oil sands for the purposes of the Bustos Honda Perlmutter Denham Lummis Stewart oil spill liability trust fund is one in Butterfield Horsford Peters (CA) Dent Marchant Stivers fact that we look forward to having, Capps Huffman Peters (MI) DeSantis Marino Stockman Capuano Israel Peterson DesJarlais Massie Stutzman but it needs to be at the appropriate ´ Cardenas Jackson Lee Pingree (ME) Duffy McCarthy (CA) Terry place and time. Carney Jeffries Pocan Duncan (SC) McCaul Thompson (PA) I’ve got to say that we are fully sup- Carson (IN) Johnson (GA) Polis Duncan (TN) McClintock Thornberry portive of the goals, purpose, and fund- Cartwright Johnson, E. B. Price (NC) Ellmers McHenry Tiberi Castor (FL) Kaptur Quigley ing mechanisms of the trust fund, and Farenthold McKeon Tipton Castro (TX) Keating Rahall Fincher McKinley Turner we believe that the allocation of fees Chu Kelly (IL) Rangel Fitzpatrick McMorris Upton should be done equitably among crude Cicilline Kennedy Richmond Fleischmann Rodgers Valadao Clarke Kildee Roybal-Allard Fleming Meadows Wagner oil received at a U.S. refinery and pe- Clay Kilmer Ruiz troleum products entering the U.S. for Flores Meehan Walberg Cleaver Kind Ruppersberger Forbes Messer Walden use. However, a bill or an amendment Cohen Kirkpatrick Rush Fortenberry Mica Walorski to approve a single pipeline project is Connolly Kuster Ryan (OH) Foxx Miller (FL) Weber (TX) Conyers Langevin Sa´ nchez, Linda not the appropriate vehicle for this de- Franks (AZ) Miller (MI) Webster (FL) Cooper Larsen (WA) T. Frelinghuysen Mullin Wenstrup bate. Frankly, it needs to be part of Costa Larson (CT) Sanchez, Loretta Gardner Mulvaney Whitfield the tax reform bill that I’m sure that Courtney Lee (CA) Schakowsky Garrett Murphy (PA) Williams Crowley Levin Schiff Mr. CAMP and others are going to move Gerlach Neugebauer Wilson (SC) Cuellar Lewis Schneider later on this year. I wish we could have Gibbs Noem Wittman Cummings Lipinski Schrader Gibson Nugent Wolf debated this as an amendment to this Davis (CA) Loebsack Schwartz Gingrey (GA) Nunes Womack bill, but we don’t have that oppor- Davis, Danny Lofgren Scott (VA) Gohmert Nunnelee Woodall DeFazio Lowenthal Scott, David Goodlatte Olson Yoder tunity. It’s simply a motion to recom- Delaney Lowey Serrano mit. So let’s push it to the right date, Gosar Palazzo Yoho DeLauro Lujan Grisham Sewell (AL) Gowdy Paulsen Young (IN) and that is part of tax reform later this DelBene (NM) Shea-Porter year. Deutch Luja´ n, Ben Ray Sherman NOT VOTING—16 Dingell (NM) Sinema Bonner Hoyer Speier Mr. Speaker, we have waited over Doggett Lynch Sires Clyburn Markey 1,700 days for this project. Many of us Doyle Maffei Slaughter Westmoreland Cole Miller, Gary Duckworth Maloney, Smith (WA) Young (AK) have folks that commute 80, 90, even DeGette Payne Edwards Carolyn Swalwell (CA) Young (FL) 100 miles a day. They need a source of Diaz-Balart Ros-Lehtinen Ellison Maloney, Sean Takano Herrera Beutler Sarbanes gasoline. Canada provides 1.5 million Engel Matheson Thompson (CA) barrels literally every day to the Enyart Matsui Thompson (MS) United States. They want to send as Eshoo McCarthy (NY) Tierney b 1850 Esty McCollum Titus much as 6 million barrels by 2030. This Farr McDermott Tonko So the motion to recommit was re- is the best way to do it. Why send it by Fattah McGovern Tsongas jected. truck? Why send it by rail? Let’s send Foster McIntyre Van Hollen The result of the vote was announced it by pipeline. It’s safer, more economi- Frankel (FL) McNerney Vargas as above recorded. Fudge Meeks Veasey cal, and in fact it’s going to help the Gabbard Meng Vela (By unanimous consent, Mr. LATTA consumer. Gallego Michaud Vela´ zquez was allowed to speak out of order.)

VerDate Mar 15 2010 04:05 May 23, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.124 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2894 CONGRESSIONAL RECORD — HOUSE May 22, 2013

CONGRESSIONAL SPORTSMEN’S CAUCUS Hurt Mullin Scalise Serrano Thompson (CA) Vela´ zquez Issa Mulvaney Schock Shea-Porter Thompson (MS) Visclosky Mr. LATTA. Mr. Speaker, last week, Jenkins Murphy (FL) Schweikert Sherman Tierney Walz the largest caucus here in the House of Johnson (OH) Murphy (PA) Scott, Austin Sinema Titus Wasserman Representatives, the Congressional Johnson, Sam Neugebauer Sensenbrenner Sires Tonko Schultz Sportsmen’s Caucus, which is made up Jones Noem Sessions Slaughter Tsongas Waters Jordan Nugent Sewell (AL) Smith (WA) Van Hollen Watt of Republicans and Democrats, had its Joyce Nunes Shimkus Swalwell (CA) Vargas Welch normal yearly shoot, which consists of Kelly (PA) Nunnelee Shuster Takano Veasey Wilson (FL) King (IA) Olson trap, skeet, and sporting clays, and I’m Simpson ANSWERED ‘‘PRESENT’’—1 glad to say that this year the Repub- King (NY) Owens Smith (NE) Kingston Palazzo Smith (NJ) Amash licans retained the trophy. Kinzinger (IL) Paulsen Smith (TX) NOT VOTING—16 If I could, I would yield to my co- Kline Pearce Southerland chair of the Congressional Sportsmen’s Labrador Perry Stewart Bonner Markey Waxman LaMalfa Peterson Caucus, the gentleman from Mis- Stivers Clyburn Miller, Gary Westmoreland Lamborn Petri Stockman Cole Payne Young (AK) Lance Pittenger sissippi (Mr. THOMPSON). Stutzman DeGette Ros-Lehtinen Young (FL) Lankford Pitts Mr. THOMPSON of Mississippi. Well, Terry Diaz-Balart Sarbanes Latham Poe (TX) Thompson (PA) Herrera Beutler Speier all I can say to my colleague is this Latta Pompeo Thornberry time you were lucky, and I look for- LoBiondo Posey b 1859 Tiberi ward to next year. Long Price (GA) Lucas Radel Tipton So the bill was passed. But the other thing you said is so im- Luetkemeyer Reed Turner The result of the vote was announced portant. The Congressional Sports- Lummis Reichert Upton as above recorded. men’s Caucus is the largest caucus, bi- Maloney, Sean Renacci Valadao Vela A motion to reconsider was laid on partisan caucus, here in Congress. Marchant Ribble Marino Rice (SC) Wagner the table. Those of you who are not members, we Massie Rigell Walberg Stated against: ask you to come join us. We do a lot. Matheson Roby Walden Mr. WAXMAN. Mr. Speaker, during rollcall But for the good that we do, the good McCarthy (CA) Roe (TN) Walorski McCaul Rogers (AL) Weber (TX) vote No. 179 on H.R. 3, I was unavoidably de- that we serve, it’s a good deal. McClintock Rogers (KY) Webster (FL) tained. Had I been present, I would have Thank you very much. McHenry Rogers (MI) Wenstrup voted ‘‘no.’’ McIntyre Rohrabacher Whitfield Mr. LATTA. I thank the gentleman. PERSONAL EXPLANATION The SPEAKER pro tempore. Without McKeon Rokita Williams McKinley Rooney Wilson (SC) Mr. COLE. Mr. Speaker, on rollcall objection, 5-minute voting will con- McMorris Roskam Wittman No. 167, (Ordering The Previous Ques- tinue. Rodgers Ross Wolf tion on H. Res. 228, a resolution pro- There was no objection. Meadows Rothfus Womack Meehan Royce Woodall viding for consideration of H.R. 3— The SPEAKER pro tempore. The Messer Runyan Yarmuth Northern Route Approval Act) had I question is on the passage of the bill. Mica Ryan (WI) Yoder been present, I would have voted The question was taken; and the Miller (FL) Salmon Yoho Miller (MI) Sanford Young (IN) ‘‘yea’’. Speaker pro tempore announced that On rollcall No. 168, (Adoption of H. the ayes appeared to have it. NOES—175 Res. 228, a resolution providing for con- RECORDED VOTE Andrews Foster Maffei sideration of H.R. 3—Northern Route Mr. HOLT. Mr. Speaker, I demand a Barber Frankel (FL) Maloney, Approval Act) had I been present, I recorded vote. Bass Fudge Carolyn would have voted ‘‘aye’’. Beatty Gabbard Matsui A recorded vote was ordered. Becerra Gallego McCarthy (NY) On rollcall No. 169, (Weber (R–TX) The SPEAKER pro tempore. This Bera (CA) Garamendi McCollum Amendment No. 1—Adds to Section 2 of will be a 5-minute vote. Bishop (NY) Garcia McDermott the bill the State Department’s find- Blumenauer Grayson McGovern The vote was taken by electronic de- Bonamici Grijalva McNerney ings that the Keystone XL pipeline is a vice, and there were—ayes 241, noes 175, Brady (PA) Gutierrez Meeks safe and environmentally sound answered ‘‘present’’ 1, not voting 16, as Braley (IA) Hahn Meng project) had I been present, I would Brown (FL) Hanabusa Michaud have voted ‘‘yea’’. follows: Brownley (CA) Hastings (FL) Miller, George [Roll No. 179] Butterfield Heck (WA) Moore On rollcall No. 170, (Waxman (D–CA) Capps Higgins Moran Amendment No. 2—Adds a finding that AYES—241 Capuano Himes Nadler ‘‘the reliance on oil sands crudes for Aderholt Coble Frelinghuysen Ca´ rdenas Holt Napolitano Alexander Coffman Gardner Carney Honda Neal transportation fuels would likely re- Amodei Collins (GA) Garrett Carson (IN) Horsford Negrete McLeod sult in an increase in incremental Bachmann Collins (NY) Gerlach Cartwright Hoyer Nolan greenhouse gas emissions’’ and pro- Bachus Conaway Gibbs Castor (FL) Huffman O’Rourke vides that the bill will not go into ef- Barletta Cook Gibson Castro (TX) Israel Pallone Barr Cooper Gingrey (GA) Chu Jackson Lee Pascrell fect unless the President finds that Barrow (GA) Costa Gohmert Cicilline Jeffries Pastor (AZ) TransCanada or tar sands producers Barton Cotton Goodlatte Clarke Johnson (GA) Pelosi will fully offset the additional green- Benishek Cramer Gosar Clay Johnson, E. B. Perlmutter Bentivolio Crawford Gowdy Cleaver Kaptur Peters (CA) house gas emissions) had I been Bilirakis Crenshaw Granger Cohen Keating Peters (MI) present, I would have voted ‘‘no’’. Bishop (GA) Cuellar Graves (GA) Connolly Kelly (IL) Pingree (ME) On rollcall No. 171, (Johnson (D–GA) Bishop (UT) Culberson Graves (MO) Conyers Kennedy Pocan Amendment No. 3—Requires a study on Black Daines Green, Al Courtney Kildee Polis Blackburn Davis, Rodney Green, Gene Crowley Kilmer Price (NC) the health impacts of increased air pol- Boustany Denham Griffin (AR) Cummings Kind Quigley lution in communities surrounding the Brady (TX) Dent Griffith (VA) Davis (CA) Kirkpatrick Rahall refineries that will transport diluted Bridenstine DeSantis Grimm Davis, Danny Kuster Rangel Brooks (AL) DesJarlais Guthrie DeFazio Langevin Richmond bitumen through the proposed Key- Brooks (IN) Duffy Hall Delaney Larsen (WA) Roybal-Allard stone XL pipeline) had I been present, Broun (GA) Duncan (SC) Hanna DeLauro Larson (CT) Ruiz I would have voted ‘‘no’’. Buchanan Duncan (TN) Harper DelBene Lee (CA) Ruppersberger On rollcall No. 172, (Connolly (D–VA) Bucshon Ellmers Harris Deutch Levin Rush Burgess Enyart Hartzler Dingell Lewis Ryan (OH) Amendment No. 4—Delays approval of Bustos Farenthold Hastings (WA) Doggett Lipinski Sa´ nchez, Linda the Keystone XL project contingent on Calvert Fincher Heck (NV) Doyle Loebsack T. the completion of a threat assessment Camp Fitzpatrick Hensarling Duckworth Lofgren Sanchez, Loretta Campbell Fleischmann Hinojosa Edwards Lowenthal Schakowsky of pipeline vulnerabilities to terrorist Cantor Fleming Holding Ellison Lowey Schiff attack and corrective actions nec- Capito Flores Hudson Engel Lujan Grisham Schneider essary to protect the pipeline from Carter Forbes Huelskamp Eshoo (NM) Schrader such an attack and to mitigate any re- Cassidy Fortenberry Huizenga (MI) Esty Luja´ n, Ben Ray Schwartz Chabot Foxx Hultgren Farr (NM) Scott (VA) sulting spill) had I been present, I Chaffetz Franks (AZ) Hunter Fattah Lynch Scott, David would have voted ‘‘no’’.

VerDate Mar 15 2010 05:21 May 23, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.127 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2895 On rollcall No. 173, (Rahall (D–WV) will postpone further proceedings comes by subgroups of students, such as full- Amendment No. 5—Strikes section 3 of today on motions to suspend the rules time students, part-time students, nontradi- the bill eliminating the Keystone XL on which a recorded vote or the yeas tional students, first generation college stu- permit approval, allowing the Presi- and nays are ordered, or on which the dents, students who are veterans, and Fed- eral Pell Grant recipients under subpart 1 of dent to continue to delay issuing a per- vote incurs objection under clause 6 of part A of title IV of the Higher Education mit for the pipeline) had I been rule XX. Act of 1965 (20 U.S.C. 1070a); and present, I would have voted ‘‘no’’. Record votes on postponed questions (3) the ways in which the Federal Govern- On rollcall No. 174, (Esty (D–CT) will be taken later. ment may make such information more Amendment No. 6—Strikes language in f readily available to— the bill that allows TransCanada to ob- (A) students and their families in a format tain certain permits for operation and/ IMPROVING POSTSECONDARY EDU- that is easily accessible and understandable, or maintenance of the pipeline, but CATION DATA FOR STUDENTS and will aid students and their families in continues to allow construction per- ACT making decisions; and Mr. MESSER. Mr. Speaker, I move to (B) States, local governments, secondary mits to be expedited) had I been schools, individual or groups of institutions present, I would have voted ‘‘no’’. suspend the rules and pass the bill of higher education, and private-sector enti- On rollcall No. 175, (Jackson Lee (D– (H.R. 1949) to direct the Secretary of ties. TX) Amendment No. 7—Extends the Education to convene the Advisory (c) SCOPE OF STUDY.—In conducting the time period for filing a claim under the Committee on Improving Postsec- study under this Act, the Advisory Com- Act from 60 days to 1 year) had I been ondary Education Data to conduct a mittee shall, at a minimum, examine— present, I would have voted ‘‘no’’. study on improvements to postsec- (1) whether the current Federal trans- On rollcall No. 176, (Chu (D–CA) ondary education transparency at the parency initiatives on postsecondary edu- Amendment No. 8—Requires a GAO Federal level, as amended. cation— study of the Keystone XL project re- The Clerk read the title of the bill. (A) are reporting consistent information garding the costs of cleanup activities about individual institutions of higher edu- The text of the bill is as follows: cation across Federal agencies; and from a pipeline spill and the potential H.R. 1949 (B) are similar to transparency initiatives impacts on health, environment, and Be it enacted by the Senate and House of Rep- on postsecondary education carried out by water) had I been present, I would have resentatives of the United States of America in States, individual or groups of institutions voted ‘‘no’’. Congress assembled, of higher education, or private-sector enti- On rollcall No. 177, (Holt (D–NJ) SECTION 1. SHORT TITLE. ties; Amendment No. 10—Prohibits the ex- This Act may be cited as the ‘‘Improving (2) whether— port of any oil, or all refined petroleum Postsecondary Education Data for Students (A) the collection and reporting of products derived from the oil, trans- Act’’. postgraduation earnings by the Federal Gov- ernment is feasible, and if feasible, the op- ported by the Keystone XL pipeline un- SEC. 2. STUDY ON IMPROVEMENTS TO POSTSEC- tions for collecting and reporting such infor- less the President finds that there is an ONDARY EDUCATION TRANS- PARENCY AT THE FEDERAL LEVEL. mation; exception required by law or it is in the (a) FORMATION OF ADVISORY COMMITTEE ON (B) collecting and reporting such informa- national interest) had I been present, I IMPROVING POSTSECONDARY EDUCATION tion would improve the use of Federal trans- would have voted ‘‘no’’. DATA.— parency initiatives and ease decisionmaking On rollcall No. 178, (Democrat Motion (1) IN GENERAL.—Not later than 30 days for students and their families; and to recommit H.R. 3 with instructions) after the date of enactment of this Act, the (C) collecting and reporting such informa- had I been present, I would have voted Secretary of Education shall convene the Ad- tion would have an impact on student pri- ‘‘no’’. visory Committee on Improving Postsec- vacy, and if so, how such impact may be On rollcall No. 179, (On Passage H.R. ondary Education Data (in this Act referred minimized; (3) whether any other information, includ- 3—Northern Route Approval Act is ex- to as the ‘‘Advisory Committee’’), which shall be comprised of 15 members who rep- ing information relating to student out- pected; please check at the leadership resent economically, racially, and geographi- comes or identified under the review re- desk for details) had I been present, I cally diverse populations appointed by the quired under subsection (d), should be col- would have voted ‘‘yea’’. Secretary in consultation with the Commis- lected and reported by the Federal Govern- f sioner for Education Statistics, including— ment to improve the utility of such initia- (A) individuals representing different sec- tives for students and their families, and if REPORT ON RESOLUTION PRO- tors of institutions of higher education, in- so, how such information may be collected VIDING FOR CONSIDERATION OF cluding individuals representing under- and reported, including whether the informa- H.R. 1911, SMARTER SOLUTIONS graduate and graduate education; tion should be disaggregated by subgroups of FOR STUDENTS ACT (B) experts in the field of higher education students; (4) whether any information currently col- Ms. FOXX, from the Committee on policy; (C) State officials; lected and reported by the Federal Govern- Rules, submitted a privileged report (D) students and other stakeholders from ment on institutions of higher education is (Rept. No. 113–89) on the resolution (H. the higher education community; not useful for students and their families and Res. 232) providing for consideration of (E) representatives from the business com- should not be so collected and reported; the bill (H.R. 1911) to amend the Higher munity; (5) the manner in which the information Education Act of 1965 to establish in- (F) experts in choice in consumer markets; from Federal transparency initiatives is terest rates for new loans made on or (G) privacy experts; made available to students and their fami- after July 1, 2013, and for other pur- (H) college and career counselors at sec- lies, and whether format changes may help the information become more easily under- poses, which was referred to the House ondary schools; (I) experts in data policy, collection, and stood and widely utilized by students and Calendar and ordered to be printed. use; and their families; f (J) experts in labor markets. (6) any activities being carried out by the Federal Government, States, individual or HOUR OF MEETING ON TOMORROW (2) CHAIRPERSON.—The Secretary shall ap- point the Chairperson of the Advisory Com- groups of institutions of higher education, or Ms. FOXX. Mr. Speaker, I ask unani- mittee. private-sector entities to help inform stu- mous consent that when the House ad- (b) STUDY REQUIRED.—The Advisory Com- dents and their families of the availability of journs today, it adjourn to meet at 9 mittee shall conduct a study examining— Federal transparency initiatives; a.m. tomorrow. (1) the types of information, including in- (7) the cost to institutions of higher edu- The SPEAKER pro tempore. Is there formation related to costs of postsecondary cation of reporting to the Federal Govern- objection to the request of the gentle- education, sources of financial assistance ment the information that is being collected (including Federal student loans), student and reported through Federal transparency woman from North Carolina? initiatives, and how such cost may be mini- There was no objection. outcomes, and postgraduation earnings, the Federal Government should collect and re- mized; and f port on institutions of higher education to (8) the relevant research described in sub- ANNOUNCEMENT BY THE SPEAKER assist students and families in their search section (d). PRO TEMPORE for an institution of higher education; (d) REVIEW OF RELEVANT RESEARCH.—In (2) how such information should be col- conducting the study under this Act, the Ad- The SPEAKER pro tempore. Pursu- lected and reported, including how to visory Committee shall review and con- ant to clause 8 of rule XX, the Chair disaggregate information on student out- sider—

VerDate Mar 15 2010 04:05 May 23, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.060 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2896 CONGRESSIONAL RECORD — HOUSE May 22, 2013 (1) research and studies, if any, that have 402A(h) of the Higher Education Act of 1965 cation leaders have highlighted several been conducted to determine questions most (20 U.S.C. 1070a–11(h)). of these requirements as duplicative to frequently asked by students and families to (3) INSTITUTION OF HIGHER EDUCATION.—The State and local transparency efforts help inform their search for an institution of term ‘‘institution of higher education’’ has and may partially contribute to the in- higher education; the meaning given the term in section 102 of (2) the types of information students seek the Higher Education Act of 1965 (20 U.S.C. crease in college costs. before enrolling in an institution of higher 1002), except that such term does not include Through the Improving Postsec- education; institutions described in subsection (a)(1)(C) ondary Education Data for Students (3) whether the availability to students of such section 102. Act, we hope to simplify this process and their families of additional information (4) SECONDARY SCHOOL.—The term ‘‘sec- and help ensure students can access the on institutions of higher education will be ondary school’’ has the meaning given the information they need to make good beneficial or confusing; term in section 9101 of the Elementary and decisions while lessening the burden on (4) results, if any, that are available from Secondary Education Act of 1965 (20 U.S.C. colleges and universities that have far consumer testing of Federal, State, institu- 7801). too many reporting requirements tion of higher education, and private-sector (5) SECRETARY.—The term ‘‘Secretary’’ transparency initiatives on postsecondary means the Secretary of Education. today. The bill would require the De- education that have been made publicly (6) STATE.—The term ‘‘State’’ has the partment of Education to evaluate the available on or after the date that is 10 years meaning given the term in section 103 of the information colleges and universities before the date of enactment of this Act; and Higher Education Act of 1965 (20 U.S.C. 1003). are required to provide to determine (5) any gaps in the research, studies, and (7) STUDENT.—The term ‘‘student’’ in- what helps make students better con- results described in paragraphs (1) and (4) re- cludes— sumers and what simply buries them in lating to the types of information students (A) a prospective student; paper—and the schools they attend in seek before enrolling in an institution of (B) a student enrolled in an institution of higher education. higher education; paper, as well. The information yielded by this re- (e) CONSULTATION.— (C) a nontraditional student (as defined in (1) IN GENERAL.—In conducting the study section 803(j)(2) of the Higher Education Act port will play a critical role in assist- under this Act, the Advisory Committee of 1965 (20 U.S.C. 1161c(j)(2))); and ing the Education and Workforce Com- shall— (D) a veteran (as defined in section 480(c)(1) mittee’s efforts to reauthorize the (A) hold public hearings to consult with of such Act (20 U.S.C. 1087vv(c)(1))) who is a Higher Education Act. We need to en- parents and students; and student or prospective student. sure students have the information (B) consult with a broad range of inter- The SPEAKER pro tempore. Pursu- they actually need in a user-friendly ested parties in higher education, including ant to the rule, the gentleman from In- manner to help them make the best de- appropriate researchers, representatives of diana (Mr. MESSER) and the gentleman secondary schools (including college and ca- cisions they can. reer counselors) and institutions of higher from New Jersey (Mr. ANDREWS) each We also must streamline the current education from different sectors of such in- will control 20 minutes. regulatory burden of unnecessary and stitutions (including undergraduate and The Chair recognizes the gentleman unhelpful reporting requirements im- graduate education), State administrators, from Indiana. posed on institutions of higher edu- and Federal officials. GENERAL LEAVE cation. This bill will help guide that (2) CONSULTATION WITH THE AUTHORIZING Mr. MESSER. Mr. Speaker, I ask process. COMMITTEES.—The Advisory Committee shall unanimous consent that all Members I urge all of our colleagues to support consult on a regular basis with the author- the Improving Postsecondary Edu- izing committees in conducting the study may have 5 legislative days in which to under this Act. revise and extend their remarks on cation Data for Students Act, and I re- (f) REPORTS TO AUTHORIZING COMMITTEES.— H.R. 1949. serve the balance of my time. (1) INTERIM REPORT.—Not later than 180 The SPEAKER pro tempore. Is there Mr. ANDREWS. Mr. Speaker, I yield days after the date of enactment of this Act, objection to the request of the gen- myself such time as I may consume. the Advisory Committee shall prepare and tleman from Indiana? I’m pleased to rise in support of the submit to the authorizing committees and There was no objection. gentleman’s legislation. I think it’s an the Secretary an interim report describing Mr. MESSER. Mr. Speaker, I yield example of how we can work together the progress made in conducting the study myself such time as I may consume. and achieve a benefit for the American under this Act and any preliminary findings I rise in support of H.R. 1949, the Im- people. I commend him for introducing on the topics identified under subsection (c). proving Postsecondary Education Data the bill and would outline our reasons (2) FINAL REPORT.— (A) IN GENERAL.—Not later than 1 year for Students Act. I want to thank for our support. after the date of enactment of this Act, the Chairman KLINE and Higher Education Probably the second largest expendi- Advisory Committee shall prepare and sub- Subcommittee Chairwoman FOXX for ture most Americans make in their mit to the authorizing committees and the their work on and support of this meas- lifetime is a college education for Secretary a final report on the study, includ- ure. I also want to commend Ranking themselves or for their children, second ing— Member MILLER, Subcommittee Rank- only to their real estate, to the home (i) recommendations for legislative, regu- ing Member HINOJOSA, and our Demo- that they buy. It’s surprising how little latory, and administrative actions based on cratic committee colleagues for their consumer information is available to findings related to the topics identified under subsection (c); and contributions to this bill. families before they make that choice. (ii) a summary of the research described in Few decisions in life are bigger than If you buy a phone, you can find out subsection (d). whether to attend college and which what apps it can run, how much band- (B) CONSULTATION WITH NCES.—The Advi- college to attend, yet many families width it has, how much it can store, sory Committee shall consult with the Com- struggle to wade through the com- what it can do, what it can’t do. You missioner of Education Statistics prior to plicated maze of statistics available to can find all this information about making recommendations under subpara- find the information they need to make what the phone cost, what it does, and graph (A)(i) with respect to improving the fully informed, cost-conscious deci- how it works. But if you’re about to en- information being collected and reported by the Federal Government on institutions of sions. Consequently, they may choose roll in a school that purports to teach higher education. schools or programs that don’t meet Web site design, or if you’re about to (g) AVAILABILITY OF FUNDS.—The amount their needs and leave them with high send your son or daughter off to a col- necessary to conduct the study under this debt and limited career potential. lege to major in philosophy or engi- Act shall be made available from amounts Despite Federal efforts to improve neering, it’s surprising how little you available to the Secretary for administrative data collection and transparency in the know about that school. expenses of the Department of Education. higher education system, families and The gentleman’s proposal is that (h) DEFINITIONS.—For purposes of this Act: students still struggle, and institutions there be an effort by the Department of (1) AUTHORIZING COMMITTEES.—The term of higher learning are spending more Education to make those data more ac- ‘‘authorizing committees’’ has the meaning time and money than ever. During the cessible and more transparent for stu- given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). 2012–2013 academic year, institutions dents and their families, questions that (2) FIRST GENERATION COLLEGE STUDENT.— spent an estimated 850,000 man-hours are natural to ask: What does it cost to The term ‘‘first generation college student’’ and almost $31 million to fill out re- go to the school? What happens to stu- has the meaning given the term in section quired Federal surveys. Higher edu- dents when they graduate from the

VerDate Mar 15 2010 04:05 May 23, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A22MY7.061 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2897 school? What kind of jobs do they get? knowing the earning potential of their Improving Postsecondary Education How much money do they make? How fields of study. This leaves many young Data for Students Act. much debt do they graduate with? Who Americans with a lower than expected I am the mother of a current college transfers in and out of the school and income and struggling to pay down student and a recent college graduate what numbers? How many people finish their loans once they graduate. For as well as a former general counsel and their education at the schools? some, it can take decades. This has got senior vice president at Ivy Tech Com- I’m not suggesting that there is any to change. munity College in Indiana. I personally one-size-fits-all list of questions, that In my home State of Virginia, we’ve and professionally understand the dif- it’s the right list of questions. What become a leader in attempting to ad- ficult and often life-defining decisions I’m suggesting is that the maximum dress this problem. In 2012, Virginia en- our young people make when they de- amount of information should be avail- acted a requirement that schools in our cide where to attend college. Students able to families and students to make State publish information regarding want to make the most educated deci- reasonable decisions about this sort of the proportion of graduates with em- sions they can, but currently, they thing. ployment, their average salaries and struggle to access and process all of the The only comment that I would higher education debt at 18 months and data they need to make the best deci- make further is that we would encour- 5 years after graduation. sions for themselves and their futures, age, Mr. Speaker, the committee lead- I expect that this data will become and it’s not because there is a lack of ership to consider bipartisan legisla- extremely useful to parents and stu- data being reported. tion—that’s been sponsored by Mr. dents alike. Unfortunately, the data Currently, the Federal Government DUNCAN HUNTER, Jr., on the majority available to Virginia is limited to grad- requires colleges and universities to re- side; I’m involved in it on the minority uates who remain in the Common- port overwhelming amounts of infor- side; and the other body, it’s sponsored wealth. This means that information mation. As Congressman MESSER has by Senators WYDEN and WARNER, along available in the State database fails to already said, rather than having insti- with Senator RUBIO—that would create fully capture students that graduate tutions across the country spend over this kind of information in a user- from a school, like the University of 850,000 hours and almost $31 million to friendly, Web-based environment as Richmond, which attracts students fill out all of these required Federal soon as possibly could be done. from 46 different States. Very often, surveys, why not allow our higher ed they go on to take jobs throughout the institutions to spend those hours and b 1910 country where they become leaders in those dollars doing a better job serving I view this bill as complementary to their fields. our students in classrooms, advising this effort, and I look forward to work- We can help resolve this situation. students and figuring out ways to ing with the gentleman and the other The Federal Government currently has lower tuition costs? The problem is leaders of the committee on this issue. a significant amount of data that could that the Federal Government is not re- I would finally say that, on our side, help parents and students make better quiring the right information and put- we do strongly believe that the time decisions regarding the financial bene- ting it in a readable and understand- has come for a full reauthorization of fits of prospective schools and majors, able format for students. the Higher Education Act. There are a but this information is often hard to This bill directs the Department of myriad of issues. Tomorrow, we will understand or is difficult to access. Education to conduct a survey on have student loan financing issues on This bill requires the Secretary of which factors students and families the floor. There are questions about Education to convene a 15-member ad- want and need when researching their Pell Grants, the cost of college and nu- visory panel to provide recommenda- postsecondary options. It’s common merous other issues that we think are tions on how to improve the informa- sense. I appreciate that it’s a bipar- best dealt with in an omnibus and com- tion available to parents and students tisan piece of legislation that will ben- prehensive fashion. when deciding on their schools and ma- efit students and our higher ed institu- Having said that, we commend the jors. This panel will provide an interim tions. This bill is simple, and it helps gentleman for his introduction of the report within 6 months and a final one Congress improve transparency as we bill, urge its support, and I reserve the within 1 year for Congress’ consider- approach the reauthorization of the balance of my time. ation during the reauthorization of the Higher Education Act. Mr. MESSER. I thank the gentleman Higher Ed Act. I applaud the work of my fellow Hoo- This legislation will serve to kick- from New Jersey for his comments and sier and colleague Mr. MESSER, and I start the process of improving trans- his leadership on this important topic. urge the adoption of this important parency in higher education and will It’s certainly a pleasure to work with bill. provide students and parents with the Mr. ANDREWS. I continue to reserve you on this bill and on the other bills information that they need to make in- the balance of my time. that you mentioned. formed decisions so that a college edu- Mr. MESSER. I would now like to I would now like to yield 1 minute to cation can continue to be a source of yield 2 minutes to my good friend from my good friend, the gentleman from empowerment for millions of Ameri- Georgia (Mr. COLLINS). Virginia (Mr. CANTOR). cans. This bill is a great step in the Mr. COLLINS of Georgia. Mr. Speak- Mr. CANTOR. I thank the gentleman right direction. er, I rise in strong support of this legis- for his leadership and for bringing this I want to thank the gentleman from lation. bill forward. I appreciate the ranking Indiana (Mr. MESSER) for his leader- I have a personal take on this. I have member’s support on this as well. ship, Chairman JOHN KLINE, Chair- a 17-year-old son, Copeland, and my Mr. Speaker, I rise today to support woman VIRGINIA FOXX, and the rest of wife and I are in the process of guiding the Improving Postsecondary Edu- the Education and the Workforce Com- him through the difficult and often cation Data for Students Act. mittee for their work on this issue, and complex process of choosing a higher American moms and dads are work- I urge my colleagues to support this education institution to attend. ing tirelessly to help their children bill. As families across America know, achieve their dreams. For many, that Mr. ANDREWS. I would just ask my there are a lot of factors to consider dream includes college. However, the friend, Mr. Speaker, if he has any other when assessing what institution will cost of a postsecondary education has speakers. provide my son with the best oppor- become increasingly difficult for a lot Mr. MESSER. I have two others. tunity to graduate college and be set of families to bear. Young graduates Mr. ANDREWS. I reserve the balance on a path to professionally succeed. In today are not only confronting a tough of my time. this economy, our children deserve the job market when they leave school, Mr. MESSER. I yield such time as best possible chance we can give them they are continually facing a growing she may consume to my friend and col- to find jobs that will allow them to mountain of debt that is financially league from the great State of Indiana provide for themselves and their future burdensome and extremely difficult to (Mrs. BROOKS). families. pay back. Many students choose Mrs. BROOKS of Indiana. Mr. Speak- The key to good decisionmaking is schools and their majors without ever er, I rise today in strong support of the having accurate information, and this

VerDate Mar 15 2010 04:18 May 23, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.130 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2898 CONGRESSIONAL RECORD — HOUSE May 22, 2013 legislation will provide my son SECTION 1. SHORT TITLE. legislative days in which to revise and Copeland and all of the other students This Act may be cited as the ‘‘Resolving extend their remarks and insert extra- Environmental and Grid Reliability Con- of northeast Georgia with the best pos- neous materials in the RECORD on H.R. flicts Act of 2013’’. sible data that they and their parents 271. SEC. 2. AMENDMENTS TO THE FEDERAL POWER can use to select the right postsec- ACT. The SPEAKER pro tempore. Is there ondary education paths for them. (a) COMPLIANCE WITH OR VIOLATION OF EN- objection to the request of the gen- I urge my colleagues to join me in VIRONMENTAL LAWS WHILE UNDER EMERGENCY tleman from Texas? supporting this bill, and I would like to ORDER.—Section 202(c) of the Federal Power There was no objection. thank the gentleman from Indiana for Act (16 U.S.C. 824a(c)) is amended— Mr. OLSON. Mr. Speaker, I yield my- his leadership. The nature in which we (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and self such time as I may consume. bring this forward is a positive solution (2) by adding at the end the following: I rise today in support of H.R. 271, ‘‘(2) With respect to an order issued under for our country and is a positive solu- Resolving Environmental and Grid Re- this subsection that may result in a conflict liability Conflicts Act of 2013. tion for the families looking at this de- with a requirement of any Federal, State, or cision of higher education. local environmental law or regulation, the My colleagues and I carefully drafted Mr. ANDREWS. Mr. Speaker, in clos- Commission shall ensure that such order re- this bill last year to resolve a conflict ing, this is an example of how we can quires generation, delivery, interchange, or between the Federal Power Act and en- work together and accomplish some- transmission of electric energy only during vironmental rules that, if left unre- thing constructive for the American hours necessary to meet the emergency and solved, could create serious problems people. I am pleased to support this serve the public interest, and, to the max- for the reliability of our Nation’s elec- imum extent practicable, is consistent with bill, and I would urge a ‘‘yes’’ vote. tric grid. With the hot summer coming any applicable Federal, State, or local envi- and power demands set to surge, the I yield back the balance of my time. ronmental law or regulation and minimizes Mr. MESSER. I am a former State any adverse environmental impacts. potential for dangerous power outages legislator from Indiana. They used to ‘‘(3) To the extent any omission or action is rising, alongside the mercury. say on the House floor back there, taken by a party, that is necessary to com- Just last week, States like California ‘‘Good bill. Should pass,’’ and it’s great ply with an order issued under this sub- and my own State of Texas were when you have the opportunity to work section, including any omission or action warned by regulators that electricity together across the aisle on a bill that taken to voluntarily comply with such order, reserve margins could dip dangerously results in noncompliance with, or causes just makes sense. low. Texas faces critical electricity such party to not comply with, any Federal, shortages in the next few years. We My colleague from North Carolina State, or local environmental law or regula- (Ms. FOXX) made the comment that tion, such omission or action shall not be simply won’t have enough reliable there is a lot of data out there for fam- considered a violation of such environmental power to guarantee our grid. Rolling ilies but that there is a difference be- law or regulation, or subject such party to blackouts in Texas alone would impact tween data and information. Our goal any requirement, civil or criminal liability, over 25 million people. As coal plants with this bill is to help bring this data or a citizen suit under such environmental continue to be shut down, pockets of law or regulation. areas across the country could quickly together, to get past the data dump ‘‘(4)(A) An order issued under this sub- and to try to get families the informa- experience blackouts. When the power section that may result in a conflict with a fails and the AC shuts down on a hot tion they need while at the same time requirement of any Federal, State, or local lessening the regulatory burden on our environmental law or regulation shall expire 100-degree day, it’s the elderly, the colleges and universities. They’re doing not later than 90 days after it is issued. The young, and the poor who suffer first. the best they can with limited re- Commission may renew or reissue such order Prior experience shows that in rare sources as well. pursuant to paragraphs (1) and (2) for subse- and limited circumstances, emergency So, with that, I urge my colleagues quent periods, not to exceed 90 days for each actions have been needed to ensure the period, as the Commission determines nec- reliable delivery of electricity. When to support the bill, and I yield back the essary to meet the emergency and serve the balance of my time. an emergency exists due to a sudden public interest. increase in a demand for electricity or The SPEAKER pro tempore. The ‘‘(B) In renewing or reissuing an order question is on the motion offered by under subparagraph (A), the Commission a shortage of supply, the Department the gentleman from Indiana (Mr. shall consult with the primary Federal agen- of Energy has a tool of last resort to MESSER) that the House suspend the cy with expertise in the environmental inter- address the emergency. That tool is an rules and pass the bill, H.R. 1949, as est protected by such law or regulation, and emergency order under section 202(c) of amended. shall include in any such renewed or reissued the Federal Power Act. order such conditions as such Federal agency DOE can order a grid connection to The question was taken; and (two- determines necessary to minimize any ad- thirds being in the affirmative) the be made or power plant to generate verse environmental impacts to the max- electricity when outages occur due to rules were suspended and the bill, as imum extent practicable. The conditions, if amended, was passed. any, submitted by such Federal agency shall weather events, equipment failures, or A motion to reconsider was laid on be made available to the public. The Com- the electricity supply is too low to the table. mission may exclude such a condition from avoid a blackout. As they should, DOE the renewed or reissued order if it deter- can mandate a company to comply f mines that such condition would prevent the with a 202(c) order, even if it means a b 1920 order from adequately addressing the emer- brief violation of environmental laws. gency necessitating such order and provides Unfortunately, under current law, a RESOLVING ENVIRONMENTAL AND in the order, or otherwise makes publicly company or individual can be penalized available, an explanation of such determina- GRID RELIABILITY CONFLICTS for violating environmental laws even ACT OF 2013 tion.’’. (b) TEMPORARY CONNECTION OR CONSTRUC- when they’re following a Federal order Mr. OLSON. Mr. Speaker, I move to TION BY MUNICIPALITIES.—Section 202(d) of to avoid a blackout. In recent years, suspend the rules and pass the bill the Federal Power Act (16 U.S.C. 824a(d)) is these conflicting Federal laws have re- (H.R. 271) to clarify that compliance amended by inserting ‘‘or municipality’’ be- sulted in lawsuits and heavy fines for with an emergency order under section fore ‘‘engaged in the transmission or sale of electricity providers complying with 202(c) of the Federal Power Act may electric energy’’. legal orders. Unless Congress passes not be considered a violation of any The SPEAKER pro tempore. Pursu- this legislation to resolve the potential Federal, State, or local environmental ant to the rule, the gentleman from conflict in laws, the section 202(c) tool law or regulation, and for other pur- Texas (Mr. OLSON) and the gentleman is in jeopardy. poses. from Texas (Mr. GENE GREEN) each will H.R. 271 eliminates the uncertainty The Clerk read the title of the bill. control 20 minutes. facing power generators and their cus- The text of the bill is as follows: The Chair recognizes the gentleman tomers by providing a needed safety H.R. 271 from Texas (Mr. OLSON). valve which clarifies that compliance Be it enacted by the Senate and House of Rep- GENERAL LEAVE with an emergency order under section resentatives of the United States of America in Mr. OLSON. Mr. Speaker, I ask unan- 202(c) of the Federal Power Act may Congress assembled, imous consent that all Members have 5 not be considered a violation of any

VerDate Mar 15 2010 04:18 May 23, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.132 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2899 Federal, State, or local environmental With that, I reserve the balance of on’’ in true emergencies. However, it law or regulation. To be clear, these my time. then gives DOE the opportunity to emergency orders are not issued lightly Mr. GENE GREEN of Texas. Mr. renew or reissue the order for an addi- and only under extreme power reli- Speaker, I yield myself such time as I tional 90-day period only after con- ability scenarios. In the last 30 years, may consume. sulting with the appropriate Federal this authority has only been invoked Mr. Speaker, I rise today in strong agencies and including conditions sub- about half a dozen times. support of H.R. 271, the Resolving Envi- mitted by these agencies to mitigate If the need arises, my legislation will ronmental and Grid Reliability Con- any potential adverse environmental ensure that DOE works to minimize flicts Act. impacts. any adverse environmental impacts by I’m proud to be an original cosponsor This is not a messaging bill. It’s not balancing environmental interests with to this bill that we worked on with my an anti-EPA bill or an anti-air toxic liability considerations. good friends, Congressman PETE OLSON standards bill. Instead, it’s a common- While some people are concerned and Congressman MIKE DOYLE, last sense bill that addresses a very worri- that H.R. 271 doesn’t go far enough to Congress. This bipartisan legislation some deficiency in current law that is protect plant operators who might face addresses a conflict in Federal law only going to become more prominent lawsuits from environmental groups, where a company or individual can be in the coming years. my bill is a vast improvement over cur- held liable for violating environmental I want to thank our ranking member, rent law. laws when the Federal Government or- Mr. WAXMAN, for his continued support Major utilities, both public and in- ders them to generate power to avoid of this bill. This is one of a handful of vestor-owned power trade associations blackouts. bills that actually were supported by believe that a Federal court would be b 1930 both Democrats and Republicans in the hard pressed to overrule an emergency Energy and Commerce Committee, and order issued by the DOE. In a crisis, if Section 202(c) of the Federal Power it has support across the utility indus- this bill becomes law, DOE will be Act gives the Department of Energy try. My hope is that the committee given deference, which will apply to the authority to order an electric gen- will continue to refer to the floor truly utilities following these orders. DOE erating facility to generate power in bipartisan bills like this one. It’s time will consult with clean air regulators, order to avoid an electric reliability we get back to legislating and not mes- but the final decision in emergencies emergency. saging. With that, I encourage my col- will always firmly remain in the hands At the same time, the possibility of leagues on both sides of the aisle to of those charged with keeping the violating environmental laws and regu- support this bill. power flowing. lations may restrict the operation of I reserve the balance of my time. The protection H.R. 271 offers is crit- power plants or transmission lines. For ical; and given the number of plant re- Mr. OLSON. Mr. Speaker, I have no example, a company may have other Members wanting to speak, and tirements that have been announced, mothballed a power plant because it as operators grapple with new EPA air I’m willing to close if my colleague is had reached its Clean Air Act emis- as well. and water rules, I worry that DOE may sions limit for the year. So if a com- need to use its emergency authority Mr. GENE GREEN of Texas. Mr. pany, or publicly owned utility, is or- Speaker, I encourage my colleagues to more often in the future. dered by DOE to operate under section I still expect DOE emergency orders support this great legislation. 202(c), and at the same time is prohib- I yield back the balance of my time. to be the exception and not the rule. In ited from operating in accordance with those rare instances when the author- Mr. OLSON. Mr. Speaker, in closing, the DOE order due to environmental I want to thank Chairman UPTON, ity is invoked, we should not punish limitations, the operator must choose generators who are simply following Ranking Member WAXMAN, sub- which legal mandate to follow. These orders from the Federal Government to committee Chairman WHITFIELD, and conflicting legal mandates should not keep the power on in an emergency. subcommittee Ranking Member RUSH Resolving this conflict is critical, complicate an electric reliability cri- for their assistance in getting this bill which is why I reintroduced this bipar- sis, but they do. It is not fair for the passed in the 113th Congress. tisan legislation in the 113th Congress. government to put a power generator If my colleagues want to go home It will allow America’s power compa- in this position. next week with an example of biparti- nies to comply with Federal orders to As a longtime member of the Energy sanship for their constituents, vote for maintain grid reliability during a and Commerce Committee and some- H.R. 271. power emergency without the threats one who has worked on both reliability I yield back the balance of my time. of lawsuits or penalties. and environmental legislation during The SPEAKER pro tempore (Mr. I’m pleased with the widespread bi- that time, I can honestly say that it STEWART). The question is on the mo- partisan support this bill has received. was never our intention to put electric tion offered by the gentleman from This bill is proof that we can find com- generating facilities in the position of Texas (Mr. OLSON) that the House sus- mon ground in Washington, D.C., when having to choose between compliance pend the rules and pass the bill, H.R. working to address a glitch in Federal with one law over another. And while 271. law and provide a reliable energy sup- there have only been a couple of in- The question was taken; and (two- ply to all Americans. stances to date where a generator has thirds being in the affirmative) the I want to thank Chairman FRED been in this situation, this potential rules were suspended and the bill was UPTON, Ranking Member HENRY WAX- for conflict will only grow as several passed. MAN, Subcommittee Chairman ED coal-fired plants are scheduled to be A motion to reconsider was laid on WHITFIELD, and Subcommittee Chair- taken offline in the coming years. the table. man BOBBY RUSH for their support and That is why Congress needs to ad- f assistance in moving this bill forward. dress this issue. Otherwise, we risk I also want to thank my original co- threatening our electric reliability and APPOINTMENT OF MEMBERS TO MIGRATORY BIRD CONSERVA- sponsors on the committee, GENE for certain regions of the country, this TION COMMISSION GREEN of Texas, MIKE DOYLE of Penn- issue is coming fast. H.R. 271 simply sylvania, LEE TERRY of Nebraska, clarifies that if an emergency order The SPEAKER pro tempore. The ADAM KINZINGER of Illinois, and their issued pursuant to section 202(c) of the Chair announces the Speaker’s ap- staffs for working with me to fix this Federal Power Act may result in a con- pointment, pursuant to section 2 of the problem, to keep the power running for flict with an environmental law or reg- Migratory Bird Conservation Act (16 all Americans in an emergency. ulation, the order shall expire no later U.S.C. 715a), and the order of the House Mr. Speaker, I urge my colleagues to than 90 days after issuance. of January 3, 2013, of the following support this commonsense, bipartisan This deadline does two things. First, Members on the part of the House to legislation that protects energy con- this ensures that the Department of the Migratory Bird Conservation Com- sumers, the environment, and those Energy continues to have the nec- mission: who provide the power. essary authority to ‘‘keep the lights Mr. WITTMAN, Virginia

VerDate Mar 15 2010 05:24 May 23, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.135 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2900 CONGRESSIONAL RECORD — HOUSE May 22, 2013 Mr. DINGELL, Michigan ed friend and confidante of mine on visit, talking with many of the vet- f education issues in my capacity as erans there, each with their own chairman of the subcommittee on K–12 unique stories of service to our Nation. APPOINTMENT AS MEMBERS TO education. A conversation, though, with one MILITARY COMPENSATION AND Mr. and Mrs. Marks are wonderful en- man in particular, Mr. Speaker, has RETIREMENT MODERNIZATION trepreneurs, excellent philanthropists, stuck with me ever since. Now in his COMMISSION and most of all, friends. I am honored nineties, Don McBride sat quietly as I The SPEAKER pro tempore. The to know them, even since my days as was speaking to the entire group. But Chair announces the Speaker’s ap- Indiana Secretary of State, and I know as I was leaving, I went over to him to pointment, pursuant to section 672(b) they will continue to serve as leaders thank him for his commendable service of the National Defense Authorization in our Indiana community for many to our Nation; but as soon as I got Act for Fiscal Year 2013 (Pub. L. 112– years to come. those words out, Don stopped me. You see, Don has a very interesting 239), and the order of the House of Jan- f uary 3, 2013, of the following individ- story. As I understand it, he did not di- uals on the part of the House to the CONGRATULATING MATTHEW rectly enlist in the United States mili- Military Compensation and Retirement MADDOX tary. It was a unique situation. Don Modernization Commission: (Mr. RODNEY DAVIS of Illinois was a pilot with Pan Am Airlines, and Mr. Dov S. Zakheim, Silver Spring, asked and was given permission to ad- during World War II, he helped the war Maryland dress the House for 1 minute and to re- effort by flying planes into China. Dur- Mr. Michael R. Higgins, Washington, vise and extend his remarks.) ing World War II, China was our ally. In all, Don flew 524 missions. He had D.C. Mr. RODNEY DAVIS of Illinois. Mr. to put a few planes down a couple of Speaker, it is an honor to follow the f times because they were shot so badly, gentleman from Indiana, the sub- but he didn’t stop. He and his fellow pi- COMMUNICATION FROM THE committee chairman of K–12, because DEMOCRATIC LEADER lots did whatever was needed for the I’m going to recognize a leader in our war effort, whether it was engaging The SPEAKER pro tempore laid be- K–12 community in Illinois. Japanese aircraft or delivering aid to fore the House the following commu- Mr. Speaker, I rise today to recognize remote places in that rough terrain. nication from the Honorable NANCY Matthew Maddox for being named the For his service, Don was awarded the PELOSI, Democratic Leader: VFW National Citizenship Education Presidential Citation, four Bronze CONGRESS OF THE UNITED STATES, Elementary Teacher of the Year. Stars, the Air Medal, the Distinguished HOUSE OF REPRESENTATIVES, Matthew is a fifth-grade teacher at Flying Cross, and the China Service Washington, DC, May 17, 2013. Columbus Elementary School in Medal. He didn’t want to tell me all Hon. JOHN BOEHNER, Edwardsville, Illinois, and he was se- this. He was quite reserved about it, Speaker of the House, U.S. Capitol, Wash- lected as the Teacher of the Year from ington, DC. but his nurse encouraged him to share among 60,000 other teachers for his his story. DEAR SPEAKER BOEHNER: Pursuant to sec- dedication to education, innovative tion 4(c) of House Resolution 5, 113th Con- But, again, as I went to thank him, gress, I am pleased to re-appoint The Honor- teaching style, and resource develop- Don stopped me and he said this, Mr. able James P. McGovern of Massachusetts as ment. Speaker. He said: We don’t need any Co-Chair of the Tom Lantos Human Rights In the classroom, Matthew has made thanks. Every man here did it because Commission. it a commitment to recognize the sac- he wanted to, because it was necessary. Thank you for your attention to this ap- rifices made by our Nation’s veterans I don’t know of anybody who has ever pointment. by regularly inviting veterans to visit been sorry for serving. Sincerely, and share their stories to help make Mr. Speaker, it is this spirit of self- NANCY PELOSI, history much more relevant to his stu- lessness that lives on in so many of our Democratic Leader. dents. veterans and the military men and f In addition to being an educator, women who are serving our Nation HONORING MR. AND MRS. BENTON Matthew has proudly served our coun- today. They gave, and continue to give, MARKS try in the Illinois National Guard’s for one simple reason: it is necessary 445th Chemical Company since July and it is their duty. (Mr. ROKITA asked and was given 2011, and has enrolled in officer train- On Memorial Day, this coming Mon- permission to address the House for 1 ing school at Camp Lincoln in Spring- day, we will gather for an occasion minute and to revise and extend his re- field, Illinois. that is both solemn and joyful. We marks.) Far too often, our Nation’s educators honor those who gave everything in Mr. ROKITA. Mr. Speaker, I rise do not deserve the credit and recogni- service to their countrymen. The for- today to recognize an exceptional Hoo- tion they deserve. So I am proud to mal remembrance of fallen heroes sier couple, Mr. Benton and Mrs. Sandi stand here today to congratulate Mat- mixes feelings of both sorrow and Marks, who are being honored with the thew Maddox for the work he does in pride. That a person would lay down 2013 HAI-Life Distinguished Service the classroom, and also to thank him his life for his friends, for another, is Award by the Hasten Hebrew Academy for his service to our country. the noblest of human ideals. That we of Indianapolis. would unite in gratitude to reflect on Mr. Marks has served as president of f the sacrifices of those who have gone both the Hasten Hebrew Academy and b 1940 before us is one of the greatest human the Bureau of Jewish Education, as expressions. Jewish Federation campaign chair and HONORING THE SERVICE AND SAC- And for those who are veterans, Mr. president, and as chairman of the State RIFICE OF OUR NATION’S VET- Speaker, who have stood next to per- of Israel Bonds. He has also served as a ERANS sons who have given their all, perhaps member of the Indiana Judicial Nomi- The SPEAKER pro tempore. Under holding them as they died, watching nating Commission, and has volun- the Speaker’s announced policy of Jan- helplessly as war consumed another in- teered with numerous civic and profes- uary 3, 2013, the gentleman from Ne- nocent life, their living presence, Mr. sional organizations. braska (Mr. FORTENBERRY) is recog- Speaker, the living presence of our vet- Mrs. Marks has devoted her life to nized for 60 minutes as the designee of erans today is an honor to those who education, serving on the Hasten He- the majority leader. did not come home. brew Academy Education Committee Mr. FORTENBERRY. Mr. Speaker, I Communal remembrance is a long- and as a board member of the school. recently visited the Eastern Nebraska standing human tradition. When we She recently retired from Washington Veterans Home in Bellevue. It’s a love- focus our remembrance on the war vet- Township Schools but continues to ly place that is well-designed to care erans who have sacrificed for us, the serve the district and Indiana as a for those who have served in the pro- act is particularly meaningful and ap- school psychologist. She is also a trust- tection of our country. I had a nice propriate.

VerDate Mar 15 2010 04:18 May 23, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.138 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2901 Ever since there has been fighting Higgins boat troop carriers opened, 18- untold stories of the many who left and dying in war, there’s been a calling and 19-year-old young men from cities their families and quietly performed in the human heart to memorialize the and farms, from New York to Ne- their duty with no questions or de- fallen heroes of battle, especially in braska, were asked to do the impos- mands made; the veterans who main- this Nation, born in war, where the leg- sible—dash across hundreds of yards of tained tanks and aircraft, cooked, com- acies of those who died defending our open beach with no cover, in the face of puted, cleaned, and drove. country are written on our hearts and a hail of German machine gun fire and Today, we honor our loved ones and are seen clearly in the blessings of lib- mortars, and take the high ground. ancestors lost long ago as well as those erty that we still hold today. Somehow, someway, they did this. who have left us more recently. The In spite of our political divisions, in They withstood the violence and made sting of loss is not so distant for some spite of the rancor and divisiveness their way to the steep hillside. whose loved ones have given their lives that sometimes exists in this body and Mr. Speaker, last winter I stood of late in Iraq and Afghanistan. Of the in our Nation, we are still called to where those soldiers landed, at water’s American soldiers who have been killed yield to proper reflection about that edge, and looked across that beach. It there, 72 were Nebraskans. which is noble and that which is good. is hard to get the mind around the Like so many of our colleagues, Mr. Mr. Speaker, yet, for nearly 100 chaos of that day, to feel what they Speaker, I have attended many funer- years, our fledgling country did not felt as the horror unfolded before them. als and memorial services for those have a day set aside to remember and I made my way to that steep hillside, who have been killed from my district. celebrate the sacrifices of fallen sol- now so peaceful and lovely, and stood I have seen many of the families brave- diers. In America, the practice of Me- in a German machine gun bunker. A ly bear the weight of this devastation. morial Day began in the years imme- young German soldier named Severloh I have seen communities come to- diately following the Civil War. manned the machine gun that day. And gether to honor their local heroes and In 1868, the head of an organization of in a book that he wrote shortly before to help bring healing to these hurting Union veterans established what was he died a few years ago, Severloh said families. I could not be more proud of called Decoration Day at the time for that he wept as he fired his gun at the these patriots and their family mem- the Nation to decorate the graves of slaughter that unfolded before him. bers for their remarkable bravery, the Civil War dead with flowers. The I walked around the nearby Amer- their remarkable honor, their char- day picked was May 30, a day in late ican cemetery, with its orderly rows of acter, their selflessness—young men spring to ensure that the flowers would white crosses testifying to the dear and women of the highest caliber who, be in full bloom across our Nation. price our soldiers paid. I stopped at the like so many before them, gave them- Throughout the countryside, people grave of a young man named Billy D. selves for their country, fighting cou- began to visit cemeteries to decorate Harris, from Oklahoma. Billy D. Harris rageously for America and our ideals of the graves of fallen soldiers, both had married young and died young. His liberty, equality, and justice for which Union and Confederate. On one noted wife didn’t know that her husband had they died. occasion, women living near Columbus, been killed and buried there until Mr. Speaker, I was recently con- Mississippi, deep within the defeated about 10 years ago. Such is the chaos of tacted by the family of John Confederacy, were so disturbed by the war. She never remarried. She had all Douangdara. John and his family are neglected graves of Union soldiers that her hopes that her husband would one new Americans. His parents came here they took care to see that these graves day return to her. from Laos. He was killed several years were properly decorated as well. I proceeded on to the little town of ago when his helicopter was shot down Decoration Day grew in popularity Sainte-Mere-Eglise, where our airborne in Afghanistan. You may remember the and in practice, and by the early 1900s, troops landed the night before the D- incident. We lost 30 servicemembers ceremonies were held on May 30 day invasion. that day. On Memorial Day, John’s throughout the Nation. After World b 1950 family is gathering in South Sioux War I, the day was expanded to honor City, Nebraska, to erect a statue in his those who have died in all American Some fell into the town square occu- honor. I’m grateful—no, perhaps privi- wars. Decoration Day soon became pied by Germans. One soldier’s para- leged—to be asked to join them on that known as Memorial Day. But it was chute got caught on the church roof day. only in 1971 that Memorial Day was de- and he hung there as the battle raged Like his fellow soldiers, John clared a national holiday by an act of below. A replica of the parachute and Douangdara was an American. He was Congress, to be celebrated annually on soldier still hangs from the church loyal. He was brave. And now he is free. the last Monday in May. today. His sacrifice, and the sacrifice of all Mr. Speaker, this coming Monday, we In August of 1944, a young medical American veterans, brings to mind the will continue this solemn tradition and doctor left his wife and two children seriousness of our time. reflect upon its profound meaning. We and entered the Army. He was first Memorial Day is an especially impor- honor those fallen heroes of yesterday headquartered at a hospital in Eng- tant time of reflection for lawmakers. for their sacrifices on our behalf. Their land, where the last official records We carry a tremendous responsibility bravery has afforded us the liberty and show that he was located. As Patton’s to recognize the real-life consequences security we enjoy today. Army moved against the Germans, behind our policy deliberations, anal- But the price of the blessings of Captain Luther Sexton Fortenberry yses, and votes. peace has not come without great cost. went into action in France, probably to On that first Decoration Day in 1868, Since the Revolutionary War, more begin field operations there. In Novem- Major General John Logan offered his than 42 million Americans have risked ber of 1944, he was killed by ordnance posts these words as he ordered them their lives for our country. Of those, explosion. He was my grandfather. He to decorate the graves of the war dead. more than 656,000 servicemembers have was initially buried at the cemetery at He said this, Mr. Speaker: Sainte-Mere-Eglise. Now he is re- died in battle. Their loss runs deep in We should guard their graves with sacred the lives of those whom they left be- interred here in Washington at Arling- vigilance. Let pleasant paths invite the com- hind. Wives lost husbands, husbands ton National Cemetery. ing and going of reverent visitors and fond lost wives, parents lost children, and As part of our civic life, Mr. Speaker, mourners. Let no neglect, no ravages of children lost parents. The soldier’s ul- we honor the memory of all those who time, testify to the present or to the coming timate sacrifice is not merely his own, have served us. We all know of the generations that we have forgotten as a peo- Mr. Speaker. great battles and heroic sacrifices at ple the cost of a free and undivided Republic. In 1944, along the northern coastline places like Bunker Hill, Omaha Beach, Mr. Speaker, during a visit to a near- of France in a place called Normandy, Khe Sanh, and Fallujah. What we do by hospital to see our wounded here in the future of civilization hung in the not know are the untold stories, wit- Washington, there was a soldier there balance. At 6:30 a.m. on June 6, the nessed by no one, of Americans who whose wounds were pretty devastating. first wave of American troops landed at fought it out to the death to preserve As I was leaving, I noticed there was a a place called Omaha Beach. As their our country. We also do not know the sign hanging on the outside of his door.

VerDate Mar 15 2010 04:18 May 23, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.140 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2902 CONGRESSIONAL RECORD — HOUSE May 22, 2013 It said: America—home of the free be- ment made by Wisconsinites with a preventing them from advancing eco- cause of the brave. bachelor’s or advanced degree is nearly nomically and contributing to our Mr. Speaker, I yield back the balance $400 a month. It’s $388, to be exact. economy. of my time. Let’s put it in this perspective. Before If we continue to believe that an ac- f someone can pay their rent or their cessible, affordable, and quality edu- cation should be a national priority, CONGRESSIONAL PROGRESSIVE mortgage, their utilities, their gro- that it is critical to our future eco- CAUCUS ceries, child care, they already owe $400 in student loans. If they’re lucky, nomic prosperity, then we need to The SPEAKER pro tempore. Under they’ll have some funds left over to come up with a long-term plan to man- the Speaker’s announced policy of Jan- save for retirement. age the skyrocketing costs of edu- uary 3, 2013, the gentleman from Wis- cation. 2000 consin (Mr. POCAN) is recognized for 60 b Now, Democrats have already done a minutes as the designee of the minor- Because of these exorbitant rates, it number of efforts in these area. We’ve ity leader. will take the average citizen in my tried to increase the maximum Pell Mr. POCAN. I rise today on behalf of State almost 19 years to pay off their Grant from $4,050 in 2014 to $5,645 in the Congressional Progressive Caucus. student loan debt from a 4-year univer- 2016. We have increased income-based The Congressional Progressive Cau- sity. repayment programs to ensure that cus has been fighting for economic fair- There are some long-term economic graduates can manage loan repayments ness for the middle class and those effects to this. The effects of the sky- during stressed economic times. We striving to be in the middle class for rocketing costs are twofold: have tried to create the American Op- this entire country. Today, we would Number one, at a time when a college portunity Tax Credit, providing a max- like to talk specifically about the degree is more important than ever to imum of $2,500 tuition tax credits to el- growing, skyrocketing student debt obtain reliable employment, we are in igible families and students. We have that we have in this country. grave danger of pricing too many of Just this past weekend, 6,200 students provided loan forgiveness for graduates our young students out of a college in public interest careers after 10 years graduated from the flagship university education. These drastic increases in in my State, my alma mater, UW- of payments, and for everybody else tuition have occurred at the same time after 25 years of payments. And we Madison. These young people leave that we have seen the worst economic Madison with new friends, new skills, have required schools to give an online downturn since the Great Depression. calculator so that students and fami- new knowledge, and, most importantly, We know that to compete for the jobs access to increased economic oppor- lies can estimate their costs based on of the 21st century and to thrive in a their family’s financial condition. tunity through their college diploma. global economy, we need a growing, Students with a bachelor’s degree But we need to and we must do more skilled, and educated workforce, par- have half the unemployment rate of over the long run. We can restore con- ticularly in the areas of science, tech- those with a high school degree. In sumer protections for our students. We 2012, students with a bachelor’s degree nology, engineering, and math. can increase our funding for higher It is estimated that the U.S. will earned almost 80 percent more than education. And we can reauthorize the someone with a high school diploma in need 22 million more college-educated Higher Education Act and protect pro- a similar position. Unfortunately, workers by the year 2018. Currently, grams like Pell Grants that support these students are also leaving college driven partly by rising college costs, low-income students attending college. with something else: unprecedented we are expected to fall short by 3 mil- But as we all know, we have a press- levels of student loan debt. lion workers. Our colleges and univer- ing issue facing our body right now The drastically increasing student sities such as UW-Madison and Beloit that will affect students who live in loan debt held by Americans across the College and others in my district have every single one of our districts. Unless country can be considered nothing less the talented faculty to produce our we take action, on July 1 interest rates than a crisis. Not a looming crisis, but 21st-century workforce, but they need on subsidized Stafford loans will dou- an urgent, already-here crisis. Total the students to teach and train. And an ble, from 3.4 percent to 6.8 percent. If student debt in this country now tops unaffordable college education is an we do nothing at a time when our $1 trillion. That exceeds all the credit unaffordable future for our country. country is still facing a steep economic card debt in this country. And that’s In the short term, we also see these recovery, 7 million low- and middle-in- up from just $200 billion in 2000, just effects on our economy. As students be- come students nationwide will see 121⁄2 years ago. Every second in Amer- come more and more bogged down with their student loan rates increase. ica, total student debt increases by high student loan debt, they’re under- That’s 7 million people in this country $2,854. According to the New York Fed- standably reducing their expenditures will have their rates increase on stu- eral Reserve, total student debt has in our current economy. According to dent loans. That will wind up costing tripled over the last 8 years, rep- one study by One Wisconsin, due to the student borrowers $1,000 more a year. If resenting a 70 percent increase in both high burdens put on students from we do nothing, that will add $4.3 billion the number of people with debt and the their loans, new car purchases in our to students’ debt burden in just 1 year average debt held per person. State are reduced by more than $200 alone. Quite simply, we cannot afford About two-thirds of the class of 2011 million annually, and that’s just in the to do nothing. Allowing these interest graduated with student debt. Their av- State of Wisconsin. Meanwhile, house- rates to double would represent a dere- erage debt was more than $26,000. In my holds with student loan debt are over- liction of our duties. home State of Wisconsin, the weight of whelmingly more likely to rent a home Right now, banks can receive loans student loan debt is severely affecting than to own a home, affecting home from the Federal Reserve at histori- college graduates’ ability to support sales throughout America. cally low levels, less than 1 percent. If themselves and their families. Owning a home, buying a car—these banks can receive such loans, shouldn’t There’s an organization in Wisconsin aren’t just typical byproducts of the we protect lower loans for our students that I want to give a little thanks and American Dream. These are important who are struggling in today’s economy credit to. One Wisconsin Now is a pro- components of our country’s overall more than anyone else? gressive think tank run by Scot Ross. economic health. If our economy is to Last year, before I arrived in Wash- This organization has made it one of recover—not just in Wisconsin, but ington, Congress extended the 3.4 per- their leading efforts to talk about ris- across the country—we need to see cent rate for 1 full year. There are a ing students debt and the trillion-dol- strength in these two markets. number of bills right now—including lar debt that we have and what it’s So we find ourselves at a crossroads. those introduced by my Democratic doing to our economy. Thanks to them, Instead of providing an enriched and colleagues—that would extend the 3.4 I have some stories and figures to share educational background and advanced percent rate by at least 1 year, if not specific to Wisconsin, and nationwide. economic opportunity for our young more. But we must take action now be- According to one study from One people, a college education is increas- fore we risk drowning our future work- Wisconsin, the average monthly pay- ingly trapping students in endless debt, force in even more student loan debt.

VerDate Mar 15 2010 04:29 May 23, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.142 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2903 Now, this body, this House tomorrow We’ve seen time and time again how If you get a bachelor’s degree, your will be taking up a measure, H.R. 1911, student debt stifles our economy. We weekly earnings increase exponentially the ‘‘Make College More Expensive cannot afford to make college more ex- to $1,053 per week, and your average Act.’’ Unfortunately, the legislation pensive for the very Americans trying unemployment drops to 4.9 percent. this body will consider, instead of pro- to get that education. And if you were to take that a step viding needed relief for our students, I am very pleased to be joined by an- further and obtain a professional de- will instead only make college more other freshman Member of this body, a gree, your weekly average earnings in- expensive for millions of young people Representative from the State of New crease to in excess of $1,600 per week, and their families across the country. York who is the author of one of these and your collective unemployment rate As I mentioned, if we don’t act by bills that will make sure that we keep drops to 2.4 percent. July 1, interest rates on subsidized stu- that interest rate at 3.4 percent and Education pays. dent loans will double, from 3.4 percent not allow it to double on July 1. I And that’s why for the good of Amer- to 6.8 percent. The Republican legisla- would like, Mr. Speaker, to yield to the ica, we support the position that we tion that we have before us tomorrow gentleman from New York (Mr. should invest in young people—help fa- would be even worse for students than JEFFRIES). cilitate their pursuit of a college edu- if we did nothing at all. Mr. JEFFRIES. Well, let me first cation. It will benefit them, it will ben- By tying Federal student loan rates thank the distinguished gentleman efit their families, it will benefit the to the 10-year Treasury note, the inter- from the Badger State, my good friend, communities from whence they come, est rate for a student entering college Representative MARK POCAN, who has and it will also, of course, benefit next year will be reset every year he or been such a tremendous leader on this America. she is in college. Why is that a prob- issue and a tremendous leader on issues But today, as was indicated by Rep- lem? Well, because by the time next of significance to progressive Amer- resentative POCAN, we have a student year’s freshmen graduate and start re- ica—to America, in fact—during his loan debt crisis that we confront in paying their loans in the year 2017, the short time in the Congress. America. Student loan debt is now sec- interest rate that freshman had on his We’ve seen week after week, month ond only to home mortgages in collec- or her first loan that first year of col- after month, Representative POCAN has tive debt as it relates to the American lege is projected to more than double come to the floor of the House of Rep- people. It was staggeringly high just a today’s current rate for subsidized resentatives, the people’s House, and few years ago—$650 million or so. It Stafford loans. boldly articulated a progressive vision now exceeds $1 trillion. It’s a crisis of In practical terms, what that means for how we can deal with some of the incredible proportion. over the long run is a student who is problems that we confront today in Now, similar to Representative about to enroll in their first year of America. POCAN and the distinguished gentleman college will pay higher interest rates from Pennsylvania, Representative b 2010 under the Republican plan than if Con- CARTWRIGHT, we’ve only been here for a gress lets the current rates double. And certainly when we talk about couple of months; but it’s been clear in Again, this bill is even more damaging wrapping our arms collectively around that relatively short period of time than if we do nothing—which we should the issues of great significance to this that there are many in the people’s do as a body. country of ours, dealing with the crisis House who consistently talk about the According to the nonpartisan Con- in higher education is of utmost impor- notion that the debt that we have in gressional Research Service, students tance. America is a moral imperative for us to who borrow the maximum amount of As Representative POCAN has elo- get under control. It exceeds $16 tril- Stafford loans over 5 years will pay quently laid out, if the Congress does lion. $1,300 more in interest rates under the not act by July 1, more than 7 million They blame President Obama for Republican plan before this body to- Americans will face a doubling of their that debt, and that’s why we have an morrow than if we allow those rates to student loan interest rate from 3.4 per- irresponsible fight every time there’s double and nearly $6,000 more than if cent to 6.8 percent, increasing an al- occasion to raise the debt ceiling. I we kept the rates at 3.4 percent. The ready heavy burden as it relates to don’t want to dwell on that fact, but overall cost to students and families their college education. parenthetically I will note that we’re would be $4 billion in additional inter- Why is it important that we address in the situation that we’re in today, est payments over the next decade this issue? Well, one, the cost of a col- not because of assistance that the gov- compared to our current law. lege education in America keeps going Let me repeat that: if we pass H.R. ernment has provided to those seeking up, but the amount of financial aid 1911, it will cost our students and fami- higher education or other positive do- available to these students keeps com- lies $4 billion more over the next 10 mestic spending programs, we’re in ing down. And so college and higher years than if we keep the law the way this situation—that $16 trillion debt education, which is a pathway toward it is. situation—because of some irrespon- These facts don’t lie. The bill does the American Dream, is increasingly sible decisions that were made during not make college more affordable; it out of reach for low-income Americans, the 8 years of the previous administra- does just the opposite. It worsens the for working families, for the sons and tion. That’s just the facts. student debt crisis that we should be the daughters of the middle class. But they’ll talk—some of our good working to solve. And this is just an- Why is this troubling? Well, it’s trou- friends on the other side of the aisle— other case of mistaken priorities and bling because it’s clear that going to about this moral imperative to deal misguided plans. college makes sense as it relates to with the debt that we have in America. While the Democrats are working creating a better future for Americans. How dare we shoulder future genera- hard to even the playing field, Repub- This chart that we have illustrates tions with such a burden. licans would make it even harder for the point in a very compelling way— But then when it comes to the more the average American to be able to af- Education Pays. This lays out the me- than $1 trillion debt burden that is ac- ford college. dian weekly earnings of individuals at tually being shouldered by younger H.R. 1911 imposes a long-term finan- different levels of educational attain- Americans, what we’ve gotten is an ir- cial burden on young people looking to ment. responsible bill, H.R. 1911, that will ac- pursue higher education. It will put $4 Now, with less than a high school di- tually make a bad situation even billion additional in student debt over ploma, you earn approximately $451 a worse. the next decade that would have been week and your unemployment rate is As Representative POCAN indicated, used otherwise to help pay down our in excess of 14 percent. I’ve introduced legislation that would deficit. This is not a sustainable, bal- If you’ve got a high school diploma freeze the current interest rate at 3.4 anced way to deal with our deficit; and or a GED, you’ll make around $638 per percent. There are other ideas on this it’s certainly no way to ensure a thriv- week. You still have a very high unem- side of the aisle, all designed to deal ing future for the next generation of ployment rate on average of 9.4 per- with making sure that as many Ameri- America. cent. cans as possible can go to college, that

VerDate Mar 15 2010 04:29 May 23, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.144 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2904 CONGRESSIONAL RECORD — HOUSE May 22, 2013 it is affordable, and they can leave col- live where there is cheap housing, and must which is a much more accurate title for lege with a minimum amount of debt live with a roommate. I can’t afford a car this bill. so they can accelerate their entry into payment, and don’t have one. I live paycheck According to the Congressional Re- society as productive Americans. to paycheck, and virtually save no money. I search Service, under H.R. 1911, stu- have a great job, one that I worked very hard That’s really what we want. Because to get, and three-quarters of my entire pay- dents who borrow the maximum the higher the debt burden that the av- check go towards my student loan payments. amount of $27,000 of unsubsidized and erage American faces—young Amer- I live every day worrying that, someday, my subsidized Stafford loans over 5 years ican—the more likely it is that they’ll student loans are going to get the best of me would pay $12,374 in interest; or $10,867 put off consumer spending decisions financially. I am very close to defaulting on in interest under current law if rates that are important to our economy, my loans. I fear never having the oppor- are allowed to double to 6.8 percent; or such as the purchase of a home; they’ll tunity to buy a house or a car, invest or have $7,033 if rates stay at 3.4 percent. Keep- put off because of their student loan a savings account, have a family or pay for ing the interest rates where they are debt burden, starting a family; many my children’s education. I fear the thought of merely surviving. I have to live with the will save our students nearly $5,000. who might otherwise be future entre- fact that this will likely be my life for the For that reason, I cosponsored Rep- preneurs create start-up companies next 20 years. resentative JOSEPH COURTNEY’S bill, that may become the next Google or Alexandra, thank you so much for H.R. 1433, which will extend these low the next Yahoo or the next Facebook, sharing your story with One Wisconsin rates for at least 2 more years, and they put off those decisions because Now so we can share it here today. that’s the fair thing to do. That’s the they need the certainty of a job that You’re not alone. I have a lot of stories decent thing to do. It’s the American will help pay down this debt. And so from people in Wisconsin who have thing to do to protect the middle class. there are a lot of complications that shared the exact same story. With the This is the approach that we need now are created as a result of the $1 trillion current pace we’re on, if we don’t fix with costs of college rising and student debt burden that we have in America. debt expanding at historically high And so how are we going to deal with student loans and the cost of edu- cation, we are going to put so much rates. Let’s examine the facts: this problem? Well, the GOP proposal, The total outstanding student loan as I mentioned, really will make a bad extra burden on your generation and the next generation that, again, you debt in the United States has surpassed situation worse. Under the current in- the $1 trillion mark. This is a figure terest rate, 3.4 percent, over the next 5 will not have the opportunities that many of us have had towards buying a that has outpaced credit card debt, years, someone with a subsidized Staf- auto debt, and it’s second only to mort- ford loan would have about $4,174 in car, buying a home, getting your fam- ily jump-started. So this is a crisis. It’s gage debt in this entire Nation. A re- debt. If we did nothing and allowed the cent study shows that student loan increase to take place on July 1, that a real crisis right now, and we need to address that. debt is the only type of consumer debt same individual would have $8,808 in in the United States of America that debt over a 5-year period. I have another colleague to whom I would like to yield. Representative has actually increased during this But with the GOP proposal, H.R. 1911, Great Recession, and the problem only the student would be in the worst pos- MATT CARTWRIGHT is another one of our freshmen from Pennsylvania. He is continues to grow worse. sible position: in excess of $10,000 in As a result of these debts, millions of debt. This is not an appropriate ap- also the freshman class president for the Democrats, taking on a leadership Americans cannot buy cars, purchase proach for our future college students, new homes, start businesses or do the for younger Americans, for this great role among our body, and he has been an outspoken advocate for the middle other things that mean realizing the country of ours. That’s why we are urg- American Dream. It’s a terrible time ing the rejection of H.R. 1911. Let’s class in this country and especially for those voices in Pennsylvania. for young people. It’s a horrific time come to the table and have a discussion for young people. that allows younger Americans and our Mr. Cartwright. Mr. CARTWRIGHT. I thank you, Mr. Let’s talk about the unemployment college students to benefit from the rate for young people. The unemploy- historically low interest rates that POCAN. Mr. Speaker, talking about the mid- ment rate in April for people between exist and allow them to pursue the the ages of 16 and 24 was 16.2 percent, dream of a college education so they dle class is something that isn’t done enough of here in this Chamber. The more than double the national average can grow and prosper and benefit the that we read about in the newspapers. good of the country. middle class is something that makes America what it is. According to a recent study commis- b 2020 The middle class is something that sioned by Demos, nearly 45 percent of Mr. POCAN. Thank you, Representa- speaks to Americans and says: Come unemployed Americans are between tive JEFFRIES, for your leadership on join us. We represent opportunity in those ages of 16 and 34. The study also this issue and for your bill, which I am this country. We represent the ability stated that 4.7 million young Ameri- very proud to be a cosponsor of. I think to achieve more, to realize the Amer- cans are underemployed, working part- that it’s fair to say that college stu- ican Dream. time, when what they really want to do dents and aspiring college students, It’s the middle class that makes is get full-time, family-sustaining, not just in New York but across the America different from so many other good-paying jobs. They don’t have country, owe you a good kind of debt nations in this world, and it’s the mid- them. for the work that you’re doing. Thank dle class for which we must work over- As a result, young Americans are ei- you so much for continuing to expose time to make sure we preserve it, be- ther unemployed or are underemployed what we need to expose, which is that cause if we lose the middle class in this and will likely lose a combined $20 bil- the bill before this body tomorrow will country, we lose the sense of oppor- lion in earnings over the next decade. cost $10,000 in interest more than it has tunity, the sense of hope, the sense of That’s from the Center for American to. It is worse than if we simply did upward mobility. We lose an essential Progress. Raising their college interest nothing and let the loans double on element of what it is to be Americans. rates is going to further impact their July 1. We need to act. We have bills, We have to do everything we can to ability to purchase homes, cars, to pay like Representative JEFFRIES’ bill, preserve the middle class, and one of for their children to go to school, fur- with which to do that. the biggest, stoutest pillars of the mid- ther dragging down our dragging econ- I would like to share one story from dle class is our education system in omy. One Wisconsin Now, and then I’d like this country, including the higher edu- This is all on top of the cost of col- to introduce another colleague of mine. cation system. lege. The average published tuition and Onewisconsinnow.org has collected I rise, Mr. Speaker, in opposition to fees for in-State students at public 4- these stories, and this is a story from a H.R. 1911, on the floor tomorrow. Nomi- year colleges in this country increased woman named Alexandra who is in my nally, it is called the Smarter Solu- by 66 percent beyond the rate of infla- district. Let me read what she says: tions for Students Act. I call it—and tion between the 2002–2003 and the 2012– I am 27, and my student loans forbid me many of my colleagues call it—the 2013 academic years. For private col- from living in a safe neighborhood. I have to ‘‘Make College More Expensive Act,’’ leges, the tuition and fees increased by

VerDate Mar 15 2010 04:29 May 23, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.146 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2905 27 percent beyond the rate of inflation debt than they originally anticipated. parent, I am terrified I will have to choose in that comparable time period. Since This bill, H.R. 2020, the Truth in Tui- between feeding my children and paying my 1982, the cost of college tuition and fees tion Act, helps stop the uncertainty. loans. My children will come first, but it has gone up 582 percent—twice the rate A further advantage of it is in the still worries me that I’ll be strapped beyond what I can make at work. of medical care, which is also exploding pricing, colleges will think ahead as we all know. about costs and have incentives to de- This is unfortunately what we are To help provide students and parents velop more restrained budget growth doing to the people who are currently greater transparency as to the true plans. Ultimately, advertised long- graduating from higher institutes of cost of what a college education in term pricing may encourage some col- education across the country. total will cost, I introduced last week leges to limit their tuition growth vol- Next I would like to yield some time H.R. 2020, the Truth in Tuition Act, untarily. In the event of severe eco- to a very experienced colleague of which will require schools to either nomic hardship on the part of the col- mine, a well-respected colleague, a present each incoming class of students lege or the university, a dramatic re- leader among progressives in this body, with a multiyear tuition and fee sched- duction in State aid for higher edu- currently the cochair of the Congres- ule or to give each student a non- cation or other exceptional cir- sional Progressive Caucus and an out- binding estimate of what their edu- cumstances, this bill provides a waiver standing legislator from the neigh- cation will cost them individually. for the Secretary of Education to be boring State of Minnesota. I would like able to issue to make sure that the to yield some time to Mr. KEITH ELLI- b 2030 schools are not detrimentally im- SON from Minnesota. H.R. 2020, the Truth in Tuition Act, pacted. Mr. ELLISON. Thank you, Congress- would require schools either to present Mr. Speaker, I oppose H.R. 1911 be- man POCAN. each incoming class of students with a cause it allows the costs of college and Mr. Speaker, this is an extremely im- multiyear tuition and fee schedule or university education to get out of hand portant topic. give each student a nonbinding esti- because of interest rates, and I’m in- Mr. Speaker, I want to say that you mate of what their education is going troducing H.R. 2020, the Truth in Tui- should look at legislation like a sail- to cost them individually, taking into tion Act, in order to restrain costs to boat on a still pond. It takes the Amer- account tuition fees and that par- begin with. Doing both of these things ican people, the wind, to move that ticular student’s financial aid package. is something we need to be doing in boat sailing along. And on this student In this bill, there are no price caps, this Chamber because it is buttressing loan issue and on the access to edu- and it does not freeze the price of tui- one of the foundations of the American cation in this country, we need the tion. Schools are free to set tuition middle class, allowing young people to American people, Mr. Speaker, to rise rates as they see fit. This legislation complete the educations that they up and lift their voices and say, ‘‘We will help students and families plan by hope to complete, to become the people demand affordable secondary college laying it out in front of them, what they want to be, to train themselves, education.’’ they can expect the entire cost of the to equip them to compete on a global There are great ideas. Congressman college education to be, and make sure scale and to achieve the American CARTWRIGHT has a brilliant idea, the colleges and universities give every Dream ultimately, a dream that every- Truth in Tuition Act. It is certainly student a clear picture of what their one needs to be able to achieve in this superior to H.R. 1911, which is just degree will cost. country. Once we start letting go of deepening and worsening the problem Responsible colleges and universities that, we start letting go of what this of college affordability. But at the end are already doing this, and this is al- country is, the United States of Amer- of the day, the best ideas will sail when ready the law in the State of Illinois. ica. the students and the parents across the This is already happening. But it’s the Mr. POCAN. Thank you, Representa- United States, Mr. Speaker, come to- noncompliant, it’s the colleges that tive CARTWRIGHT. And thank you for gether and say, ‘‘We insist on quality, maybe aren’t going the extra mile to your leadership on the Truth in Tui- affordable education.’’ inform the students of what kind of tion bill. How apropos to be H.R. 2020, Do you know that there are at least fees and costs and tuition that they’re to give a good direct vision on the re- 20 million borrowers across the United facing during the whole course of their ality of costs in higher education. States for higher ed every year? About university or college career, it’s the I can say one thing from being a 20 million people borrow money every colleges and universities who are not State legislator for 14 years before I year to go to some form of higher ed: revealing this that this bill is address- came here. I served during the period for-profit, nonprofit, private, whatever. ing. when the Federal economy collapsed It’s a lot of people. This legislation will help students and States had less and less money to The fact is, Mr. Speaker, if those peo- and families plan for higher education invest in public universities. So often ple, just them, said, ‘‘These interest by making sure that they get a clear you hear about the rising costs in pri- rates are not fair. This tuition is not picture of what the degree is going to vate universities, but even in a system fair. We deserve access to higher edu- cost. It’s also going to cut down on ex- like UW, Wisconsin, which is one of the cation,’’ it would change everything. cessive tuition and fee fluctuations. premium, world-class university sys- Thirty-seven million people owe It’s going to help rein in skyrocketing tems, the costs have gone up enough some sort of tuition payment, and college costs, and it will encourage col- that it’s harder and harder for that av- about 5 million of those, according to leges to maintain some kind of level, erage person to be able to afford the the statistics I have, are late by at nonfluctuating tuition schedule so that education. So if they rely on the loans least 1 month. If those people came to- surprises don’t happen to the students. and the interest rates double or, worse gether and said, ‘‘We’re going to form It will also slow college dropout rates yet, we pass H.R. 1911 and make them ourselves into an organization and in this Nation. Colleges all across the increase even more, you’re taking that we’re going to demand better terms,’’ country are experiencing dropouts for affordability out of even more people’s they could move mountains. the very reason that the students hands. But this is a civil rights issue. I’m didn’t expect the tuition and fees to be I just want to share a very short not talking about color or gender or raised the way they have been. story, another story from someone who sexual orientation or anything like The cost of a higher education and posted it on my Facebook page, and that. I’m talking about Americans, the debt carried by our recent grad- then I’d like to introduce another per- middle class people wanting to be a uates have skyrocketed across the last son on this issue. part of the American Dream. decade. It’s the cost of the tuition and I asked for comments on a Facebook Let me wrap up by saying this, Mr. it’s the interest attached to the debt page, and I got a comment from a Speaker. Mr. POCAN, you’ve been doing that are the crippling features of this. woman named Amber. It is short, but an awesome job with the progressive Without having a full picture of college it is poignant. message. But I think that what we’re costs, students and their families are I haven’t yet started paying back my doing with the progressive message is forced to take on more student loan loans. I graduate in July. And as a single trying to help the American people

VerDate Mar 15 2010 04:29 May 23, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.148 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2906 CONGRESSIONAL RECORD — HOUSE May 22, 2013 imagine America as a generous, inclu- But back when I went to college, you We need, Mr. Speaker, to act on this. sive society that accepts people from were still able to pay back your loans Mr. Speaker, we need to act on this all walks of life and that it preserves often in about a 5-year period. But soon, before July 1. But, Mr. Speaker, the ladder of opportunity. more and more, it’s a 10-year, 20-year I’m sorry, but H.R. 1911, the bill before We believe we should have early payment back in order to be able to af- this body tomorrow, will only make childhood education so that the young ford those rising student costs, and the situation worse. I urge my col- ones can get a head start on a good life. that is taking a bite not only out of the leagues to vote against it. We believe in solid, quality K–12, and current economy, but out of the oppor- Mr. Speaker, I yield back the balance that the kids should have nutrition and tunities for those people getting those of my time. be safe while they’re at the school- degrees so they can improve their lives f house. and their family’s lives and rise either WEEK IN REVIEW We believe that when they get to col- into the middle class or to better their lege, they should be able to seek their lives overall. The SPEAKER pro tempore. Under dream and be who they want to be, as So the Congressional Progressive the Speaker’s announced policy of Jan- Mr. CARTWRIGHT so eloquently said. Caucus has had this as a central focus: uary 3, 2013, the Chair recognizes the And we believe people ought to be How can we help lift those in poverty gentleman from Texas (Mr. GOHMERT) able to be paid fairly when they’re in to the middle class and help those in for 30 minutes. their adult life and take care of their the middle class to have every chance Mr. GOHMERT. Thank you, Mr. family and be able to go to the doctor. at opportunity that they should have? Speaker. And we believe that when people Those student loans are a crucial part It may surprise some of my col- reach their golden years, they ought to of that. If we let this bill pass, H.R. leagues, I agree with so much of what be able to retire with dignity, so we 1911, tomorrow, in this body, we will was being said with regard to the cost protect Social Security. put a financial burden on the backs of of education and how we need to be those who need it the most, those who very sensitive to that. b 2040 are taking out loans to afford college. I was concerned about the vote we Cradle to the grave, Americans And if we do nothing as a body, the in- were going to cast tomorrow that dream of prosperity. It’s not too much terest rate will double from 3.4 percent would prevent the interest rates from to ask for in the richest country in the to 6.8 percent come July 1. Congress going up to 6.8 percent as they’re going history of the world, but a key link in has to act. to do if this body does nothing. I was that quality life of prosperity in this Now this body has been able to vote very concerned about it going up to 6.8 country is college affordability. And it 37 times to try to repeal the Affordable percent, and then I understood the pro- is something that if you want it, Care Act and the benefits to America’s posed Republican bill that we are going you’ve got to fight for it. Nobody is families from the Affordable Care to take up tomorrow will not let it go going to hand it to you. And when Act—37 times—yet we have not found a up to 6.8, but I was wondering why we Americans wanted to see civil rights way yet to fix the student loan crisis, didn’t just leave it where it is. Let’s before the law, when they wanted to and we simply need to do that. And just extend it. see African Americans have civil that’s why the Progressive Caucus is The Democrats set in motion, when rights, women have civil rights, when fighting so hard to do that. they were in the majority, this situa- I would like to close with one final they wanted to see people on the job, tion where it was going to raise. And, story. Again, One Wisconsin Now had workers have some voice on the job, actually, it was going to raise last collected some stories, and this is from they stood up and they said, ‘‘We’ve year, and we voted a year ago to just a woman from Wisconsin named Diana. got to rearrange this deal.’’ When we extend the current rate for a year. As Let me read her story: said that our environment was getting I’ve had members of my own leadership I graduated from a 4-year college in 2006. poisoned and dirty and they needed to Today, 7 years later, my loan payments are and whip team pushing me on the issue demand that industry do something to over $600 per month. To put that in perspec- of wanting me to vote for the bill to- make sure we had a cleaner environ- tive, our combined household income is morrow, I’ve been trying to find out ment, people stood up, Mr. Speaker, roughly $48,000 per year. That’s 15 percent of more and more about why is this provi- and they did something about it. And our income before taxes. That’s money that’s sion in there. Why are we doing this? this is what we have to do right now. not going into our retirement funds, not And it’s very clear. Interest rates for So I just want to say to you, Mr. going towards a new home, not going to- student loans are going to go up to 6.8 wards a child’s college fund, and certainly POCAN, and you, Mr. Speaker, this is an not going back into the economy in a pro- percent if we do nothing because that’s excellent opportunity to raise key ductive way. My husband and I have been the law that was put in place. issues about a central issue of Amer- forced to make major life decisions based on Well, I said, why can’t we leave it ican prosperity for working and middle my student loan debt alone. Unfortunately, where it is? And the explanation was class people. there’s no end in sight with regard to my given because the Democrats, in what I do thank the gentleman from Wis- student loans. My interest rates vary from they put together to pay for consin. 4.5 percent to 11.25 percent. Some of the pay- ObamaCare, actually were counting on, Mr. POCAN. Thank you very much, ments I make cover interest alone. My prin- and they got CBO to count on, using cipal balance hasn’t changed in months on Representative ELLISON. Your leader- some of my private loans. This is not what I the difference between the current rate ship for many years in this body has envisioned when I was applying for colleges and it going up to 6.8 percent as the been well appreciated. I want to thank my senior year of high school. Democrats were counting on it having you for bringing back really the cen- These are the real stories from people done. tral theme of the Congressional Pro- in Wisconsin, but they’re no different So, on the one hand, my friends ex- gressive Caucus. When we had a budg- from stories of people across the coun- press the same concern that I have et, it was the back-to-work budget. It’s try. about the interest rates jumping up about fighting on behalf of the middle We have heard tonight, and I want to that high, going dramatically to 6.8 class. We saw the Republican budget in thank Representative JEFFRIES from percent, and then, on the other hand, this House balance the budget on the New York, Representative CARTWRIGHT they were not explaining that the rea- backs of the middle class. But our from Pennsylvania, and Representative son that it was going to jump up so budget had the back of the middle class ELLISON from Minnesota for coming high if we do nothing is because Demo- and those aspiring to be in the middle and sharing those strong words about crats were counting on that as a way to class. And one of those fundamental why we need to address this issue and help pay the massive billions of dollars equalizers is that opportunity to get a why it is such a crucial issue—not a that are going to be required for higher education, to advance in soci- Democratic issue, not a Republican ObamaCare even though people are ety, to change your economic outlook. issue, not an Independent issue, but an going to get less insurance, less care, I grew up in a lower middle class American issue, especially for those in and have less say about their care, it’s family. I not only had student loans, I the middle class and those aspiring to still going to cost billions and billions also had Pell Grants. I was fortunate. be in the middle class. more.

VerDate Mar 15 2010 04:29 May 23, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.150 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2907 b 2050 And then I learned the hard way on ing is say, you know what, we’re going And, in fact, CBO has indicated, you that because then I saw they really to keep the current rates right where know, gee, they originally scored it, weren’t serious about it because bill they are. And I hope folks will join me let’s see, over $1 trillion; and then the after bill came to the floor, and we in encouraging my leadership to bring President called Doug Elmendorf over said, but you put a rule in place it has this bill to the floor, my bill to the from CBO and explained, apparently, to be paid for. floor, instead of the one we’re going to said something to him in the Oval Of- Oh, but we’re waiving the pay-as- vote on tomorrow. If we have to wait 72 fice because then when he went back, you-go requirement on this bill. hours, fine. Let’s do it 2 weeks from What about this other one? Well, magically they were able to lower it now. We’ve got the time. we’re waiving the pay-as-you-go. under a trillion, as the President said And my bill will leave the rates right And so I was shocked to find out, ap- where they are for a 2-year period. And it was going to cost. parently, our leadership, the folks that And then after it passed, CBO comes since we don’t want—number 1, we had been here for a longer period of back, oh, you know what? We were don’t want the rates to go up for col- time had already learned, and I learned right the first time. It’s going to be lege students. We’re sorry that the a lesson the hard way. more than a trillion, and then it was Democrats ever figured that in as part So the next Congress, when they of the process of paying for going to be 1.6 trillion. Others are say- came up with a pay-as-you-go bill, I ing it may be 2 trillion. Who knows ObamaCare. said, are you kidding? You fooled me And since we don’t want it to have to how much. last time. I thought you were serious But it’s going to cost massive go up on the students, those who are about it. I’m not going to vote for a having to borrow money to pay for col- amounts more. There are going to be bill that you have no interest in actu- massive taxes, according to what the lege, then the way we keep from in- ally following through and doing what creasing the deficit spending in the bill Supreme Court calls it. We didn’t call the bill says. I’m not going to vote for I’ll file first thing in the morning, we it taxes, but that’s what the Supreme a bill like that. I’m not going to help eliminate the ObamaCare slush fund, Court said that the Democrats did participate in the charade. when they passed ObamaCare without But when it comes to ObamaCare, and the billions that are eliminated for a single Republican vote. And they they say, oh, it’s paid for. And this is the slush fund for ObamaCare will no were counting on the increase, tremen- one of the magical ways that billions of longer have to come from the backs of dous increase, the billions of dollars dollars were projected by CBO to be young people who cannot afford to go coming from increased interest on stu- produced. Well, they’re going to do it to college without loans. dent loans rising. on the backs of students. That’s the solution, and I hope my Now, if you go back just a little bit, Well, we had control, the Republicans Democratic friends will hear and get well, why in the world is the govern- did, of the Congress in the previous 2 word about this great bill, because I be- ment even involved in the student loan years; and a year ago we said, well, lieve what they were saying. They’re business anyway? let’s just keep it at the current rate serious. Even though their party We didn’t used to be, as the Federal and move it forward a year, and we’ll passed a bill that we refer to as Government, a bank that just loaned do something a year from now. ObamaCare, it’s certainly not afford- people money on a regular basis. Well, So, my Republican friends, when try- able care, but they passed that bill, by when the Democrats were in the major- ing to persuade me to vote for this bill themselves, without any Republican ity, they pushed through a bill that tomorrow said, look, the student loan votes because we knew how bad it was. forced all lending institutions out of rates will stay where they are for now, We knew how much it was going to the student loan business, and the gov- but, yeah, eventually they will go up cost. We knew you wouldn’t get to ernment took over the student loan some. But the good news is they won’t keep your insurance if you wanted it. business. go all the way up to 6.8. We knew you weren’t going to get to Well, if this is going to totally cease And I said, why do they go up at all? keep your doctor if you wanted. We to be a government that is of the peo- They said because we promised we’re saw all those terrible things that are ple, by the people and for the people, going to pay as we go and we meant it. now coming to pass. and not moving toward tyrannical des- But we’re not going to go all the way And it will prevent the ObamaCare potism, then we have to allow people to to 6.8. So we’ll actually have a short- slush fund, the money that’s set aside have private property, we have to allow fall we’re going to have to come up in the ObamaCare bill. It’ll just elimi- the free market to reign, we have to with because the Democrats were nate the slush fund, and say to the allow individuals and banking institu- counting on these billions of dollars Democrats, you never should have had tions to make the loans. coming off the backs of students to pay that slush fund, and you’re not going But oh, no, our friends across the for ObamaCare. to pay for it on the backs of those who aisle decided we’re going to shove the So, as all of this has become clearer can’t afford to go to college without free market out of the student loan and clearer to me tonight, well, earlier getting loans. business, and we’re going to take over this, late this afternoon, this evening, Now, I did have to double-check with student loans. And we’re going to set it I’ve been communicating back and regard to this bill. I had to make sure at a low rate, but we’re going to—it’s forth with my staff. So we have a bill that I wasn’t going to be voting on going to go up, and we’ll use the bil- that my Democratic friends ought to something that affected loans that my lions that come from that magical in- be thrilled to death about, and we’re wife and I are paying, our children’s crease down the road to pay for going to file it first thing in the morn- student loans, because before I ever ran ObamaCare. And that’s how part of it, ing; and it ought to excite my friends for office as a judge, my wife and I had supposedly, was paid for. across the aisle. set aside enough money that was going Well, one of the things I learned the And I know my own leadership has to take care of our kids’ college. hard way while our friends, the Demo- been wanting me to vote for this bill. But by virtue of running for office crats, were in the majority for 4 years, But they say the reason the rates have and taking a huge cut in pay, we ended was that actually the first Congress to go up at all is because, under the up having to utilize that money for our they were in the majority, they passed budget previously done for ObamaCare, family and for our girls and for ex- a pay-as-you-go bill, or PAYGO they to pay for ObamaCare, the Democrats penses. And so my wife and I are pay- called it. I voted for it, and I got criti- counted on this revenue. And so since ing our kids’ student loans because I cized by Republican leadership. Don’t we don’t want to increase the deficit didn’t want them to have to suffer with you know that they don’t mean what spending, we’re going to have to let the a bunch of student debt because their they say? This doesn’t mean—they’re rates go up a little bit, but we’re not father felt a calling to go into public not really going to pay for anything. going to let them go up to 6.8 as was service. It’s just a game. originally put in place by our Demo- But it would not be appropriate for And I said, how would I not be for cratic friends. me to vote on a bill that affected the paying as we go? That’s what their bill So, anyway, what my bill will do rates of loans that we’re paying, and it said. that we’ll file first thing in the morn- is now quite clear that that’s not the

VerDate Mar 15 2010 04:29 May 23, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.153 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2908 CONGRESSIONAL RECORD — HOUSE May 22, 2013 case. The student loan bill that we’re insurance. Get it out of the Federal but when you come before a court or going to vote on, whether it’s the one Government. Because, invariably, when Congress and say to that Congress, I tomorrow or whether it’s the one that the government controls everything, didn’t do anything wrong, or to a I will file tomorrow that I would prefer it’s just what we’ve seen with the IRS court, I didn’t do anything wrong, you that we do, either way, it will not af- scandals. You’re going to have some just waived your right. Now you’re fect one iota, not at all loans that are abuses with people that would control going to tell us what it was that you already in place, student loans. So I’ll all of your health care records, people didn’t do wrong so we can decide that be able to vote. that will make the decisions on what for ourselves. So I hope she’ll be And, anyway, I’ve been whipping health care you get, people that can ac- brought back. with my own team, undecided, and tually come in and take your home— We also had Mr. Douglas Shulman then later today was leaning no. And the only people that can come in and come in and testify. And what I was the more I found out, the more it’s con- take your home—the only people that hearing as far as part of his testimony vinced me, we really should not allow can come in and seize assets without was, yeah, he knew about the illegality the Democrats pushing through proper due process of the law: the IRS. of what was going on, and he was try- ObamaCare and the massive trillions of It needs to be dismantled, and I hope ing to put a stop to it. And he knew dollars that’s ultimately going to cost we can do that. I hope we can get to a that conservatives were being targeted. to have any part of it forcibly borne by place where we’re no longer the bu- Well, let’s face it, that means that this students, by young people that just reaucracy that becomes so autocratic administration was using the IRS to want to better themselves by getting a that it could care less about people’s help them win another election. Well, higher education and having to get a personal feelings. Yes, people come it worked. How far up into the adminis- loan to do it. here on the floor of the Congress and tration is what we need to know. But I talk about people’s personal feelings. b 2100 don’t believe we’re going to find out But when you see the big, monolithic from people like Mr. Shulman, who So I have taken the things my government that’s just gotten so big, it went to the White House, he said, over friends said to heart and I am counting doesn’t care about people’s feelings. a hundred times. And even though he’s on them to admit what they said, Mr. It’s hurting people right and left. working for the President and even Speaker. I’m hoping they’ll agree in Sure, the President has private sec- though he started out under the Bush the morning to cosponsor my bill so tor leaders stand up and talk about administration—that’s fine, we had that they can be consistent with the how great ObamaCare was going to be. people under the Bush administration things they promised. Now it does And now they have been finding out that screwed up plenty of times, too— defund the ObamaCare slush fund; but it’s not going to be so great. You’re not but he’s working for President Obama, since that was originally going to be keeping your insurance; you’re not comes to the White House over a hun- borne on the backs of college students, keeping you’re doctor. You’re going to dred times, knows there’s wrongful I’m sure they don’t mind that going get less health care, you’re going to get conduct that’s gone on at the IRS and away. less insurance, it’s going to cost a lot never says a word. With regard to taxes, let’s face it, if more. What did you go over a hundred the money costs the Federal Govern- And with regard to the IRS scandal, times for? Well, I remember going for ment an amount down here and they we had Ms. Lerner come before our an egg roll. Well, guess what? If you have an interest rate that’s higher committee. I was in Judiciary. We were went for an egg roll, the President was than the cost of the money that the doing our own hearings on other mat- out there. He normally is for the Federal Government gets to loan to ters. And I heard some of her state- Easter Egg Roll. You wouldn’t even say students, then the Federal Government ment about how she didn’t do anything something? That man should have been is making money on that. And that’s wrong and she’s not guilty of anything. fired. We shouldn’t have clowns that what the Democrats knew and that’s Well, as a judge and a chief justice who will work at the IRS know illegal ac- why they counted on the higher inter- is very familiar with the Fifth Amend- tivity is going on, go talk to their boss, est rates to pay for ObamaCare. ment, I’ve had to advise defendants, go to the White House over a hundred Anyway, hopefully, we can work to- Now you understand if you say any- times, and not even breathe a word of gether and get that accomplished. thing at all on your own behalf, you it so their bosses know. I wouldn’t Let’s face it, that kind of expense have waived your Fifth Amendment want somebody like that working for should not have to be borne because, right and you will have to answer ques- me. If there’s illegal activity going on really, it becomes a tax. It’s new rev- tions, and you will not be able to claim and you come see me over a hundred enue for the Federal Government. And the Fifth Amendment. times, I would hope that during one of then I’m hoping before the end of the 2 So what did Ms. Learner do today? those times you would tell me this was years, if we would do my bill, we can do She came in and said she didn’t do any- going on. Because if you didn’t, and I what should have been done in the first thing wrong. She followed the law in found out, you would be fired as soon place, and that is get it back to the pri- all ways. Oh, she was just a paragon of as I found out. Ms. Lerner would have vate sector where we become referees, virtue. Well, then she’s waived her been fired as soon as we found out. But again, as a Federal Government to right to claim the Fifth Amendment instead, what happens? Well, they make sure that neither lender nor bor- before Congress, and she needs to be plant a question so it comes out that rower is cheating. That’s what we’re brought back up here and have that ex- way. So maybe the President will learn supposed to be. We’re supposed to be a plained properly. You waived your after we plant a question. referee. Over the years, through both right when you started telling us how Something is awry. Something is Republican and Democratic majorities, virtuous you were. So now you’re going very, very wrong. the government has continued to move to answer questions, because you can’t from the realm of being a referee to have it both ways. You can’t come in b 2110 being also a player and also the coach here and say to this Congress, I did ab- Having had thousands of criminal as well as the referee. And it’s hard for solutely nothing wrong. I violated no cases come before my court, come anybody to ever compete against a laws. I’m in no danger of having vio- through my court, you smell when player who’s coached and refereed by lated any laws. And then turn right things don’t pass the smell test, and the opponent. The government around and honestly say, I’m not going this stinks to high heaven. shouldn’t be in that business of being to speak because what I say is going to So in the morning, I hope I’ll have a adversaries, opponents, or competitors tend to incriminate me. Well, it can’t whole list of Democratic colleagues with the private sector. It shouldn’t be. incriminate you if you didn’t do any- that are ready to sign on to my bill so So I hope that we will get to a bill thing wrong, so go ahead and testify. that we will keep the interest rates for that puts all the lending back in the You started out, so go ahead and finish the student loans where they are so private sector where the Federal Gov- up. that we don’t push paying for the ernment is no longer the lender. I hope Sure, you can go out on the street ObamaCare slush fund onto the backs we can do that with different kinds of and say, I didn’t do anything wrong; of students. And we then get time to

VerDate Mar 15 2010 04:29 May 23, 2013 Jkt 029060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.154 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2909 put the student loan business back in penses, of U.S. Special Operations Forces transmitting the Conference’s Performance the private sector so the Federal Gov- (SOF) with friendly foreign forces for the pe- and Accountability Report for fiscal year ernment can be the referee and mon- riod ending September 30, 2012, pursuant to 2012; to the Committee on Oversight and itor the lending institutions and the 10 U.S.C. 2011; to the Committee on Armed Government Reform. Services. 1589. A letter from the Acting Director, Of- borrowers, and be the referee. That’s 1580. A letter from the Acting Under Sec- fice of Regulatory Affairs & Collaborative what we’re supposed to be. retary, Department of Defense, transmitting Action, Department of the Interior, trans- As far as the IRS scandal, Mr. Speak- a letter on the approved retirement of Lieu- mitting the Department’s final rule — Resi- er, I hope and pray some consciences tenant General Keith M. Huber, United dential, Business, and Wind and Solar Re- are being bothered and hounded in the States Army, and his advancement on the re- source Leases on Indian Land (RIN: 1076- IRS and over Benghazi and over the AP tired list in the grade of lieutenant general; AE73) received May 14, 2013, pursuant to 5 to the Committee on Armed Services. scandal—the abuse of process there, U.S.C. 801(a)(1)(A); to the Committee on Nat- 1581. A letter from the Associate General ural Resources. the abuse of process in going after con- Counsel for Legislation and Regulations, De- 1590. A letter from the Acting Deputy Di- servative reporters—that consciences partment of Housing and Urban Develop- rector, Office of Sustainable Fisheries, will begin to be bothered and they ment, transmitting the Department’s final NMFS, National Oceanic and Atmospheric won’t be cleared until they come for- rule — Federal Housing Administration Administration, transmitting the Adminis- ward and say: I’m a whistleblower; I (FHA): Section 232 Healthcare Facility In- tration’s final rule — Fisheries of the Exclu- have got to get the truth off my chest. surance Program-Strengthening Account- sive Economic Zone Off Alaska; Pacific Cod ability and Regulatory Revisions Update by Catcher/Processors Using Hook-and-line Let the chips fall where they may. Final Rule Amendment — Revision of Date That’s what I hope and pray for. Gear in the Western Regulatory Area of the of Applicability [Docket No.: FR-5465-F-03] Gulf of Alaska [Docket No.: 120918468-3111-02] With that, Mr. Speaker, I yield back (RIN: 2502-AJ05) received May 14, 2013, pursu- (RIN: 0648-XC633) received May 14, 2013, pur- the balance of my time. ant to 5 U.S.C. 801(a)(1)(A); to the Committee suant to 5 U.S.C. 801(a)(1)(A); to the Com- on Financial Services. mittee on Natural Resources. f 1582. A letter from the Secretary, Depart- 1591. A letter from the Director, Office of ment of Education, transmitting the Depart- LEAVE OF ABSENCE Sustainable Fisheries, NMFS, National Oce- ment’s final rule — William D. Ford Federal anic and Atmospheric Administration, trans- By unanimous consent, leave of ab- Direct Loan Program [Docket ID: ED-2012- mitting the Administration’s final rule — OPE-0006] (RIN: 1840-AD13) received May 15, sence was granted to: Fisheries of the Caribbean, Gulf of Mexico, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. GARY G. MILLER of California (at and South Atlantic [Docket No.: 120403251- the request of Mr. CANTOR) for today Committee on Education and the Workforce. 1583. A letter from the Acting Chief Policy 3290-01] (RIN: 0648-BB70) received May 14, and for the balance of the week on ac- Officer, Pension Benefit Guaranty Corpora- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the count of medical reasons. tion, transmitting the Corporation’s final Committee on Natural Resources. Mr. YOUNG of Florida (at the request rule — Benefits Payable in Terminated Sin- 1592. A letter from the Attorney Advisor, of Mr. CANTOR) for today on account of gle-Employer Plans; Interest Assumptions Department of Homeland Security, transmit- illness in the family. for Paying Benefits received May 17, 2013, ting the Department’s final rule — Special Local Regulations; Third Annual Space Mr. CLYBURN (at the request of Ms. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Education and the Workforce. Coast Super Boat Grand Prix, Atlantic PELOSI) for today. 1584. A letter from the Director, Regula- Ocean; Cocoa Beach, FL [Docket No.: USCG- Mr. HINOJOSA (at the request of Ms. tions Policy and Management Staff, Depart- 2013-0071] (RIN: 1625-AA08) received May 1, PELOSI) for May 14 on account of at- ment of Health and Human Services, trans- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the tending a funeral of a young soldier mitting the Department’s final rule — Irra- Committee on Transportation and Infra- from his district who was killed in Af- diation in the Production, Processing, and structure. ghanistan. Handling of Animal Feed and Pet Food; Elec- 1593. A letter from the Program Analyst, tron Beam and X-Ray Sources for Irradiation Department of Transportation, transmitting f of Poultry Feed and Poultry Feed Ingredi- the Department’s final rule — Organization and Delegation of Duties [Docket No.: SENATE ENROLLED BILL SIGNED ents [Docket No.: FDA-2012-F-0178] received May 13, 2013, pursuant to 5 U.S.C. NHTSA-2013-0048] (RIN: 2127-AL44) received The Speaker announced his signature 801(a)(1)(A); to the Committee on Energy and May 2, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to an enrolled bill of the Senate of the Commerce. to the Committee on Transportation and In- following title: 1585. A letter from the Director, Office of frastructure. Congressional Affairs, Nuclear Regulatory 1594. A letter from the Acting Secretary, S. 982—To prohibit the Corps of Engineers Commission, transmitting the Commission’s Department of Energy, transmitting Naval from taking certain actions to establish a re- final rule — Safety Evaluation by the Office Petroleum Reserves Annual Report of Oper- stricted area prohibiting public access to of Nuclear Reactor Regulation BWR Vessel ations for Fiscal Year 2012; jointly to the waters downstream of a dam, and for other and Internals Project BWRVIP-241, Prob- Committees on Armed Services and Energy purposes. abilistic Fracture Mechanics Evaluation for and Commerce. f the Boiling Water Reactor Nozzle-To-Vessel 1595. A letter from the Acting Assistant Shell Welds and Nozzle Blend Radii received Secretary, Legislative Affairs, Department ADJOURNMENT May 13, 2013, pursuant to 5 U.S.C. of State, transmitting certification to Con- Mr. GOHMERT. Mr. Speaker, I move 801(a)(1)(A); to the Committee on Energy and gress regarding the Incidental Capture of Sea Commerce. that the House do now adjourn. Turtles in Commercial Shrimping Oper- 1586. A letter from the Secretary, Depart- ations, pursuant to Public Law 101-162, sec- The motion was agreed to; accord- ment of Treasury, transmitting as required tion 609(b); jointly to the Committees on ingly (at 9 o’clock and 11 minutes by section 401(c) of the National Emergency Natural Resources and Appropriations. Act, 50 U.S.C. 1641(c), and section 204(c) of p.m.), under its previous order, the f House adjourned until tomorrow, the International Emergency Economic Pow- Thursday, May 23, 2013, at 9 a.m. ers Act, 50 U.S.C. 1703(c), a six-month peri- REPORTS OF COMMITTEES ON odic report on the national emergency with PUBLIC BILLS AND RESOLUTIONS f respect to the situation in or in relation to the Democratic Republic of the Congo that Under clause 2 of rule XIII, reports of EXECUTIVE COMMUNICATIONS, was declared in Executive Order 13413 of Oc- committees were delivered to the Clerk ETC. tober 27, 2006; to the Committee on Foreign for printing and reference to the proper Under clause 2 of rule XIV, executive Affairs. calendar, as follows: 1587. A letter from the Secretary, Depart- communications were taken from the Ms. FOXX: Committee on Rules. House ment of Treasury, transmitting as required Resolution 232. Resolution providing for con- Speaker’s table and referred as follows: by section 401(c) of the National Emergency sideration of the bill (H.R. 1911) to amend the 1578. A letter from the Secretary, Depart- Act, 50 U.S.C. 1641(c), and section 204(c) of Higher Education Act of 1965 to establish in- ment of Transportation, transmitting notifi- the International Emergency Economic Pow- terest rates for new loans made on or after cation of several violations of the ers Act, 50 U.S.C. 1703(c), and pursuant to Ex- July 1, 2013, and for other purposes (Rept. Antideficiency Act, pursuant to 31 U.S.C. ecutive Order 13313 of July 31, 2003, a six- 113–89). Referred to the House Calendar. 1517(b) and 1351; to the Committee on Appro- month periodic report on the national emer- priations. gency with respect to Sudan that was de- f 1579. A letter from the Under Secretary, clared in Executive Order 13067 of November PUBLIC BILLS AND RESOLUTIONS Department of Defense, transmitting the De- 3, 1997; to the Committee on Foreign Affairs. partment’s Annual Report for FY 2012 re- 1588. A letter from the Chairman, Adminis- Under clause 2 of rule XII, public garding the training, and its associated ex- trative Conference of the United States, bills and resolutions of the following

VerDate Mar 15 2010 04:29 May 23, 2013 Jkt 029060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K22MY7.157 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2910 CONGRESSIONAL RECORD — HOUSE May 22, 2013 titles were introduced and severally re- H.R. 2088. A bill to direct the Secretary of other purposes; to the Committee on Natural ferred, as follows: Veterans Affairs to carry out a pilot pro- Resources. gram to establish claims adjudication cen- By Mr. HUIZENGA of Michigan (for By Mr. GEORGE MILLER of California ters of excellence; to the Committee on Vet- himself, Mrs. CAROLYN B. MALONEY of (for himself, Ms. WILSON of Florida, erans’ Affairs. New York, Mr. FRANKS of Arizona, Mr. RANGEL, Ms. SLAUGHTER, and By Mrs. ROBY (for herself and Mr. Mr. ROYCE, Mr. SENSENBRENNER, Mr. Mrs. MCCARTHY of New York): ROKITA): JONES, Mrs. BLACKBURN, Mr. DUNCAN H.R. 2083. A bill to amend the Elementary H.R. 2089. A bill to amend the Elementary of South Carolina, Mr. WALBERG, Mr. and Secondary Education Act of 1965 to re- and Secondary Education Act of 1965 to pro- LOBIONDO, Mr. MULVANEY, Mr. quire criminal background checks for school hibit Federal mandates, direction, or con- UPTON, Mrs. MILLER of Michigan, and employees; to the Committee on Education trol, and for other purposes; to the Com- Mr. BENISHEK): and the Workforce. mittee on Education and the Workforce. H.R. 2098. A bill to amend title 18, United By Mr. DELANEY (for himself, Mr. By Mr. GRIFFITH of Virginia (for him- States Code, to require Federal Prison Indus- BARR, Mr. BERA, Mr. CARNEY, Mr. self, Mr. MCCAUL, and Mr. PETERS of tries to compete for its contracts minimizing COLE, Mr. CONNOLLY, Mr. RODNEY California): its unfair competition with private sector DAVIS of Illinois, Mr. FITZPATRICK, H.R. 2090. A bill to amend chapter V of the firms and their non-inmate workers and em- Ms. GABBARD, Mr. GARCIA, Mr. GIB- Federal Food, Drug, and Cosmetic Act to powering Federal agencies to get the best SON, Mr. JOHNSON of Ohio, Mr. JOYCE, permit provisional approval of fast track value for taxpayers’ dollars, to provide a Mr. KENNEDY, Mr. KIND, Mr. products; to the Committee on Energy and five-year period during which Federal Prison KINZINGER of Illinois, Mr. MESSER, Commerce. Industries adjusts to obtaining inmate work Mr. MORAN, Mr. MURPHY of Florida, By Mrs. BACHMANN: opportunities through other than its manda- Mr. PETERS of California, Mr. H.R. 2091. A bill to amend title 36, United tory source status, to enhance inmate access PITTENGER, Mr. POLIS, Mr. RUPPERS- States Code, to require that the POW/MIA to remedial and vocational opportunities and BERGER, Ms. SINEMA, Mr. STIVERS, flag be displayed on all days that the flag of other rehabilitative opportunities to better Mr. TURNER, and Mr. YOHO): the United States is displayed on certain prepare inmates for a successful return to so- H.R. 2084. A bill to establish the American Federal property; to the Committee on the ciety, to authorize alternative inmate work Infrastructure Fund, to provide bond guaran- Judiciary. opportunities in support of non-profit orga- tees and make loans to States, local govern- By Mrs. BROOKS of Indiana (for her- nizations and other public service programs, ments, and non-profit infrastructure pro- self, Mrs. WALORSKI, Mr. MESSER, and and for other purposes; to the Committee on viders for investments in certain infrastruc- Ms. JENKINS): the Judiciary. ture projects, and to provide equity invest- H.R. 2092. A bill to amend title 5, United By Mr. BROOKS of Alabama: ments in such projects, and for other pur- States Code, to provide that retirement cred- H.R. 2099. A bill to provide for an account- poses; to the Committee on Transportation it for service as a Member of Congress be de- ing of total United States contributions to and Infrastructure, and in addition to the nied in the case of a former Member con- the United Nations; to the Committee on Committee on Ways and Means, for a period victed of a felony, and for other purposes; to Foreign Affairs. to be subsequently determined by the Speak- the Committee on House Administration, By Mr. DEFAZIO: er, in each case for consideration of such pro- and in addition to the Committee on Over- H.R. 2100. A bill to restrict conflicts of in- visions as fall within the jurisdiction of the sight and Government Reform, for a period terest on the boards of directors of Federal committee concerned. to be subsequently determined by the Speak- reserve banks, and for other purposes; to the By Mr. ROSKAM (for himself, Mr. er, in each case for consideration of such pro- Committee on Financial Services. NEAL, Mr. LANCE, Mr. KIND, Mr. visions as fall within the jurisdiction of the By Mr. DEUTCH (for himself, Mr. CON- GUTHRIE, Mr. PAULSEN, and Mr. committee concerned. NOLLY, Mr. CONYERS, Mr. ELLISON, TIBERI): By Mr. MURPHY of Pennsylvania (for Ms. FRANKEL of Florida, Mr. HAS- H.R. 2085. A bill to create incentive for in- himself, Mr. LATTA, Mr. MEADOWS, TINGS of Florida, Mr. JOHNSON of novative diagnostics by improving the proc- Mr. FLEISCHMANN, Mr. LOEBSACK, Mr. Georgia, Mrs. MCCARTHY of New ess for determining Medicare payment rates SHUSTER, Mr. WESTMORELAND, Mr. York, Mr. MORAN, Mr. NOLAN, Ms. for new tests; to the Committee on Energy KING of Iowa, Mr. GRIFFIN of Arkan- PINGREE of Maine, Mr. POLIS, Ms. and Commerce, and in addition to the Com- sas, Mr. CRAMER, Mr. LONG, Mr. SCHWARTZ, Ms. WASSERMAN SCHULTZ, mittee on Ways and Means, for a period to be MULLIN, Mr. HALL, Mr. COLE, Mr. Mrs. CAROLYN B. MALONEY of New subsequently determined by the Speaker, in SMITH of Nebraska, Mr. CASSIDY, Mr. York, and Mr. MURPHY of Florida): each case for consideration of such provi- OLSON, Mr. LANKFORD, Mr. LUCAS, H.R. 2101. A bill to amend the Public sions as fall within the jurisdiction of the Mr. GUTHRIE, Mr. ROKITA, and Mr. Health Service Act with respect to eating committee concerned. NUGENT): disorders, and for other purposes; to the By Ms. TITUS (for herself, Mr. MCIN- H.R. 2093. A bill to amend the Toxic Sub- Committee on Energy and Commerce, and in TYRE, Mr. O’ROURKE, Mr. BARBER, Mr. stances Control Act relating to lead-based addition to the Committees on Ways and BISHOP of New York, Ms. KUSTER, Mr. paint renovation and remodeling activities; Means, Oversight and Government Reform, LOEBSACK, Ms. BROWNLEY of Cali- to the Committee on Energy and Commerce. and Education and the Workforce, for a pe- fornia, Mrs. MCCARTHY of New York, By Mr. ROE of Tennessee (for himself riod to be subsequently determined by the Ms. FRANKEL of Florida, Ms. LEE of and Mr. HOYER): Speaker, in each case for consideration of California, Mr. SEAN PATRICK MALO- H.R. 2094. A bill to amend the Public such provisions as fall within the jurisdic- NEY of New York, Mr. CICILLINE, Mr. Health Service Act to increase the pref- tion of the committee concerned. RAHALL, Mr. SWALWELL of California, erence given, in awarding certain asthma-re- By Ms. ESTY (for herself, Ms. Mr. MICHAUD, Ms. BROWN of Florida, lated grants, to certain States (those allow- DELAURO, Mr. LARSON of Con- Mr. BEN RAY LUJA´ N of New Mexico, ing trained school personnel to administer necticut, Mr. COURTNEY, and Mr. Mr. KILMER, Mr. DELANEY, Mr. WAX- epinephrine and meeting other related re- HIMES): MAN, Mr. COSTA, and Ms. SHEA-POR- quirements); to the Committee on Energy H.R. 2102. A bill to provide financial assist- TER): and Commerce. ance for school construction after a violent H.R. 2086. A bill to direct the Secretary to By Mr. BISHOP of Utah: or traumatic crisis; to the Committee on make interim payments of disability com- H.R. 2095. A bill to prohibit an increase in Education and the Workforce. pensation benefits for certain claims for the lands administered by the Bureau of By Mr. FRELINGHUYSEN: such compensation prior to the adjudication Land Management until a centralized data- H.R. 2103. A bill to direct the Adminis- of such claims, and for other purposes; to the base of all lands identified as suitable for trator of the Federal Emergency Manage- Committee on Veterans’ Affairs. disposal by Resource Management Plans for ment Agency to designate New Jersey Task By Mrs. BLACK: lands under the administrative jurisdiction Force 1 as part of the National Urban Search H.R. 2087. A bill to prohibit Federal funds of the Bureau is easily accessible to the pub- and Rescue System; to the Committee on for the establishment or operation of patient lic on a website of the Bureau; to the Com- Transportation and Infrastructure. navigator programs under the Patient Pro- mittee on Natural Resources. By Mr. FRELINGHUYSEN: tection and Affordable Care Act, and for By Mr. GRAYSON: H.R. 2104. A bill to amend title 18, United other purposes; to the Committee on Energy H.R. 2096. A bill to amend the Fair Labor States Code, and the Social Security Act to and Commerce. Standards Act to require that employers pro- limit the misuse of Social Security numbers, By Mr. MICHAUD (for himself, Mr. vide a minimum of 1 week of paid annual to establish criminal penalties for such mis- MCINTYRE, Ms. KUSTER, Ms. leave to employees; to the Committee on use, and for other purposes; to the Com- BROWNLEY of California, Mrs. MCCAR- Education and the Workforce. mittee on the Judiciary, and in addition to THY of New York, Ms. FRANKEL of By Mr. CALVERT: the Committee on Ways and Means, for a pe- Florida, Ms. LEE of California, Mr. H.R. 2097. A bill to amend the National En- riod to be subsequently determined by the HECK of Nevada, Ms. BROWN of Flor- vironmental Policy Act of 1969 to authorize Speaker, in each case for consideration of ida, Mrs. BUSTOS, Mr. BISHOP of New assignment to States of Federal agency envi- such provisions as fall within the jurisdic- York, and Mr. KILMER): ronmental review responsibilities, and for tion of the committee concerned.

VerDate Mar 15 2010 04:29 May 23, 2013 Jkt 029060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\L22MY7.100 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE May 22, 2013 CONGRESSIONAL RECORD — HOUSE H2911 By Mr. KILMER (for himself and Mr. By Mr. MARINO (for himself and Mr. By Mrs. CHRISTENSEN: BRIDENSTINE): PIERLUISI): H. Con. Res. 38. Concurrent resolution rec- H.R. 2105. A bill to amend the National De- H.R. 2114. A bill to provide the Department ognizing and celebrating the 100th anniver- fense Authorization Act for Fiscal Year 2010 of Justice with additional tools to target sary of the Virgin Islands becoming a part of to extend the pilot program for the tem- extraterritorial drug trafficking activity, the United States; to the Committee on Nat- porary exchange of information technology and for other purposes; to the Committee on ural Resources, and in addition to the Com- personnel; to the Committee on Armed Serv- the Judiciary, and in addition to the Com- mittee on Foreign Affairs, for a period to be ices. mittee on Energy and Commerce, for a pe- subsequently determined by the Speaker, in By Mr. KIND (for himself and Mr. SEN- riod to be subsequently determined by the each case for consideration of such provi- SENBRENNER): Speaker, in each case for consideration of sions as fall within the jurisdiction of the H.R. 2106. A bill to authorize and request such provisions as fall within the jurisdic- committee concerned. the President to award the Medal of Honor tion of the committee concerned. By Mrs. BACHMANN (for herself, Mr. posthumously to First Lieutenant Alonzo H. By Mrs. MILLER of Michigan (for her- AMODEI, Mr. BROUN of Georgia, Mr. Cushing for acts of valor during the Civil self and Mr. ROKITA): CONYERS, Mr. DESANTIS, Mr. ENYART, War; to the Committee on Armed Services. H.R. 2115. A bill to amend the National Mr. HALL, Mr. JOHNSON of Ohio, Mr. By Ms. LEE of California (for herself, Voter Registration Act of 1993 to require an SAM JOHNSON of Texas, Mr. PETER- Mr. GRIJALVA, Mr. CICILLINE, Mr. individual who applies for a motor vehicle SON, Mr. KINZINGER of Illinois, Mr. NOLAN, Ms. SLAUGHTER, and Ms. driver’s license in a new State to indicate KING of New York, Mr. NUGENT, Mr. MCCOLLUM): whether the new State is to serve as the in- KLINE, Mr. ROE of Tennessee, and Mr. H.R. 2107. A bill to prohibit monetary pay- dividual’s residence for purposes of reg- PETERS of Michigan): ments by the Federal Government to em- istering to vote in elections for Federal of- H. Res. 231. A resolution establishing a Se- ployees, officers, and elected officials of for- fice, and for other purposes; to the Com- lect Committee on POW and MIA Affairs; to eign countries for purposes of bribery, coer- mittee on House Administration. the Committee on Rules. cion, or any activity that is illegal or under- By Mr. NEAL (for himself, Ms. By Mr. CROWLEY (for himself, Mr. mines the rule of law or corrupts a public of- DELAURO, Mr. LEVIN, Mr. RANGEL, NEAL, and Mr. KING of New York): ficer or the office such officer represents, Mr. MCDERMOTT, Mr. LEWIS, Mr. H. Res. 233. A resolution honoring the Good and for other purposes; to the Committee on BECERRA, Mr. DOGGETT, Mr. LARSON Friday Agreement (the Belfast Agreement), Intelligence (Permanent Select), and in addi- of Connecticut, Mr. BLUMENAUER, Mr. on the 15th anniversary of its ratification, as tion to the Committee on Oversight and Gov- PASCRELL, Mr. CROWLEY, Ms. the framework for lasting peace in Northern ernment Reform, for a period to be subse- SCHWARTZ, Mr. DANNY K. DAVIS of Il- Ireland; to the Committee on Foreign Af- quently determined by the Speaker, in each ´ case for consideration of such provisions as linois, Ms. LINDA T. SANCHEZ of Cali- fairs. fall within the jurisdiction of the committee fornia, Mr. KIND, and Mr. THOMPSON f concerned. of California): H.R. 2116. A bill to amend the Internal Rev- MEMORIALS By Mr. LEWIS: H.R. 2108. A bill to amend the Higher Edu- enue Code of 1986 to make improvements in Under clause 3 of rule XII, the earned income tax credit; to the Com- cation Act of 1965 to provide information to 31. The SPEAKER presented a memorial of foster youth on their potential eligibility for mittee on Ways and Means. By Mr. NEAL: the House of Representatives of the State of Federal student aid; to the Committee on Hawaii, relative to House Resolution No. 149 Education and the Workforce. H.R. 2117. A bill to simplify and enhance qualified retirement plans, and for other pur- requesting that the Congress support legisla- By Mr. LEWIS: tion requiring the Department of Agri- H.R. 2109. A bill to amend title XX of the poses; to the Committee on Ways and Means, and in addition to the Committees on Edu- culture and the Food and Drug Administra- Social Security Act to provide grants to sup- tion to come up with a nation-wide system port job creation initiatives, and for other cation and the Workforce, Armed Services, Oversight and Government Reform, and for monitoring, labeling, and enforcing the purposes; to the Committee on Ways and labeling of all whole and processed geneti- Means. Transportation and Infrastructure, for a pe- riod to be subsequently determined by the cally engineered foods; to the Committee on By Mr. LEWIS: Agriculture. H.R. 2110. A bill to reauthorize the Assets Speaker, in each case for consideration of for Independence Act, to provide for the ap- such provisions as fall within the jurisdic- f proval of applications to operate new dem- tion of the committee concerned. CONSTITUTIONAL AUTHORITY By Mr. PASCRELL (for himself and onstration programs and to renew existing STATEMENT programs, to enhance program flexibility, Mr. ROONEY): and for other purposes; to the Committee on H.R. 2118. A bill to reduce sports-related Pursuant to clause 7 of rule XII of Ways and Means. concussions in youth, and for other purposes; the Rules of the House of Representa- By Mr. LEWIS: to the Committee on Energy and Commerce. tives, the following statements are sub- H.R. 2111. A bill to eliminate the require- By Mr. RUIZ: mitted regarding the specific powers ment that, to be eligible for foster care H.R. 2119. A bill to amend title 38, United maintenance payments, a child would have States Code, to improve the opportunity for granted to Congress in the Constitu- been eligible for aid under the former pro- veterans to use video conferencing for hear- tion to enact the accompanying bill or gram of Aid to Families with Dependent ings before the Board of Veterans’ Appeals; joint resolution. Children at the time of removal from the to the Committee on Veterans’ Affairs. By Mr. GEORGE MILLER of Cali- home; to the Committee on Ways and Means. By Mr. SCHIFF (for himself and Mr. fornia: By Mr. SEAN PATRICK MALONEY of SHERMAN): H.R. 2083. New York (for himself, Mr. HIGGINS, H.R. 2120. A bill to allow mandatory night- Congress has the power to enact this legis- Mr. KING of New York, Mr. MAFFEI, time curfews at certain airports, and for lation pursuant to the following: Mr. OWENS, Mr. RANGEL, Mr. GRIMM, other purposes; to the Committee on Trans- Article I, Section 8 of the Constitution of Mr. HANNA, Ms. CLARKE, Mr. CROW- portation and Infrastructure. the United States. LEY, Mr. COLLINS of New York, Ms. By Ms. SPEIER (for herself and Mr. By Mr. DELANEY: MENG, Mr. ENGEL, Mrs. MCCARTHY of KIND): H.R. 2084. New York, Mr. TONKO, Mrs. CAROLYN H.R. 2121. A bill to amend the Federal Crop Congress has the power to enact this legis- B. MALONEY of New York, Mr. GIB- Insurance Act to require annual disclosure of lation pursuant to the following: SON, Ms. SLAUGHTER, and Mr. crop insurance premium subsidies in the pub- Article I, Section 8 of the U.S. Constitu- ISRAEL): lic interest; to the Committee on Agri- tion. H.R. 2112. A bill to designate the facility of culture. By Mr. ROSKAM: the United States Postal Service located at By Mr. BACHUS (for himself and Mr. H.R. 2085. 787 State Route 17M in Monroe, New York, as LIPINSKI): Congress has the power to enact this legis- the ‘‘National Clandestine Service of the H.J. Res. 47. A joint resolution proposing lation pursuant to the following: Central Intelligence Agency NCS Officer an amendment to the Constitution of the Article I, Section 8, Clause 1 states The Gregg David Wenzel Memorial Post Office’’; United States giving Congress power to pro- Congress shall have Power To provide . . . to the Committee on Oversight and Govern- hibit the physical desecration of the flag of for the . . . general Welfare of the United ment Reform. the United States; to the Committee on the States. By Mr. MARINO (for himself and Mr. Judiciary. By Ms. TITUS: POSEY): By Mr. MARINO: H.R. 2086. H.R. 2113. A bill to end the practice of in- H.J. Res. 48. A joint resolution proposing Congress has the power to enact this legis- cluding more than one subject in a single bill an amendment to the Constitution of the lation pursuant to the following: by requiring that each bill enacted by Con- United States to limit the number of con- The bill is enacted pursuant to the power gress be limited to only one subject, and for secutive terms that a Member of Congress granted to Congress under Article I, Section other purposes; to the Committee on the Ju- may serve; to the Committee on the Judici- 8, Amendment XVI, of the United States diciary. ary. Constitution

VerDate Mar 15 2010 04:29 May 23, 2013 Jkt 029060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\L22MY7.100 H22MYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2912 CONGRESSIONAL RECORD — HOUSE May 22, 2013 By Mrs. BLACK: The constitutional authority of Congress Congress has the power to enact this legis- H.R. 2087. to enact this legislation is provided by Arti- lation pursuant to the following: Congress has the power to enact this legis- cle I, section 8 of the United States Constitu- This bill is enacted pursuant to the power lation pursuant to the following: tion, specifically clause 18 (relating to the granted to Congress under Article I of the Fourteenth Amendment, Section 5 power to make all laws necessary and proper United States Constitution and its subse- Section 1: All persons born or naturalized for carrying out the powers vested in Con- quent amendments, and further clarified and in the United States, and subject to the ju- gress). interpreted by the Supreme Court of the risdiction thereof, are citizens of the United By Mr. HUIZENGA of Michigan: United States. States and the State wherein they reside. No H.R. 2098. By Mr. LEWIS: State shall make or enforce any law which Congress has the power to enact this legis- H.R. 2108. shall abridge the privileges or immunities of lation pursuant to the following: Congress has the power to enact this legis- citizens of the United States; nor shall any Article 1, Section 8, Clause 3—To regulate lation pursuant to the following: State deprive any person of life, liberty, or Commerce with foreign Nations, and among This bill is enacted pursuant to the power property, without due process of law; nor the several States, and with the Indian granted to Congress under Article I of the deny to any person within its jurisdiction Tribes. United States Constitution and its subse- the equal protection of the laws. Amendment X—Nothing in the Constitu- quent amendments, and further clarified and By Mr. MICHAUD: tion authorizes the Federal government to interpreted by the Supreme Court of the H.R. 2088. do anything other than those things enumer- United States. Congress has the power to enact this legis- ated (coin money, enter into treaties, con- By Mr. LEWIS: lation pursuant to the following: duct a Census—which are inherently govern- H.R. 2109. This bill is enacted pursuant to the power mental). Thus, under Amendment X, the Congress has the power to enact this legis- granted to Congress under Article I, Section right to carry out commercial activities is lation pursuant to the following: 8, Clause 18 of the United States Constitu- reserved to the States, respectively, or to This bill is enacted pursuant to the power tion. the people. granted to Congress under Article I of the By Mrs. ROBY: By Mr. BROOKS of Alabama: United States Constitution and its subse- H.R. 2089. H.R. 2099. quent amendments, and further clarified and Congress has the power to enact this legis- Congress has the power to enact this legis- interpreted by the Supreme Court of the lation pursuant to the following: lation pursuant to the following: United States. The constitutional authority on which this Article I, Section 8. To make all laws By Mr. LEWIS: bill rests in the power of Congress is in the which shall be necessary and proper . . . H.R. 2110. U.S. Constitution under Article 1, Section 8. By Mr. DEFAZIO: Congress has the power to enact this legis- By Mr. GRIFFITH of Virginia: H.R. 2100. lation pursuant to the following: H.R. 2090. Congress has the power to enact this legis- This bill is enacted pursuant to the power Congress has the power to enact this legis- lation pursuant to the following: granted to Congress under Article I of the lation pursuant to the following: Section 8, Article 5 United States Constitution and its subse- This bill is enacted pursuant to the power To coin Money, regulate the Value thereof, quent amendments, and further clarified and granted to Congress under Article I, Section and of foreign Coin, and fix the Standard of interpreted by the Supreme Court of the 8 of the United States Constitution. Weights and Measures. United States. By Mrs. BACHMANN: By Mr. DEUTCH: By Mr. LEWIS: H.R. 2091. H.R. 2101. H.R. 2111. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: Article I, Section 8, Clause 17 of the U.S. Article 1, Section 8, Clauses 3 and 18 of the This bill is enacted pursuant to the power Constitution Constitution of the United States. granted to Congress under Article I of the By Mrs. BROOKS of Indiana: By Ms. ESTY: United States Constitution and its subse- H.R. 2092. Congress has the power to enact this legis- H.R. 2102. quent amendments, and further clarified and Congress has the power to enact this legis- lation pursuant to the following: interpreted by the Supreme Court of the Article 1, Section 6, which states that, lation pursuant to the following: United States. ‘‘Senators and Representatives shall receive Article 1, Section 8 of the U.S. Constitu- By Mr. SEAN PATRICK MALONEY of a Compensation for their Services, to be tion. New York: ascertained by Law, and paid out of the By Mr. FRELINGHUYSEN: H.R. 2112. H.R. 2103. Treasury of the United States.’’ Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. MURPHY of Pennsylvania: lation pursuant to the following: H.R. 2093. lation pursuant to the following: The constitutional authority on which this Congress has the power to enact this legis- Article I, Section 8 of the United States bill rests is the power of Congress to estab- lation pursuant to the following: Constitution. lish Post Offices and post roads, as enumer- Article I, Section 8, Clause 3 of the United By Mr. FRELINGHUYSEN: ated in Article I, Section 8, Clause 7 of the States Constitution H.R. 2104. United States Constitution. By Mr. ROE of Tennessee: Congress has the power to enact this legis- By Mr. MARINO: H.R. 2094. lation pursuant to the following: H.R. 2113. Congress has the power to enact this legis- Article I, Section 8 of the United States Congress has the power to enact this legis- lation pursuant to the following: Constitution. lation pursuant to the following: Article I, Section 8, Clause 1 By Mr. KILMER: (a) Section 8, Clause 1 of Article I of the Article I, Section 8, Clause 18 H.R. 2105. Constitution; and By Mr. BISHOP of Utah: Congress has the power to enact this legis- (b) Section 8, Clause 3 of Article I of the H.R. 2095. lation pursuant to the following: Constitution. Congress has the power to enact this legis- Article I, Section 8, Clause 1: The Congress By Mr. MARINO: lation pursuant to the following: shall have power to lay and collect Taxes, H.R. 2114. The constitutional authority of Congress Duties, Imposts and Excises, to pay the Congress has the power to enact this legis- to enact this legislation is provided by Arti- Debts and provide for the common Defence lation pursuant to the following: cle IV, section 3, clause 2 (relating to the and general Welfare of the United States; but (1) Article I, Section 8, Clause 1 power of Congress to dispose of and make all all Duties, Imposts and Excises shall be uni- The Congress shall have Power to lay and needful rules and regulations respecting the form throughout the United States. collect Taxes, Duties, Imposts and Excises, territory or other property belonging to the By Mr. KIND: to pay the Debts and provide for the common United States). H.R. 2106. Defence and general Welfare of the United By Mr. GRAYSON: Congress has the power to enact this legis- States; but all Duties, Imposts and Excises H.R. 2096. lation pursuant to the following: shall be uniform throughout the United Congress has the power to enact this legis- Article I, Section 8, Clause 16 States lation pursuant to the following: To provide for organizing, arming, and dis- (2) Article I, Section 9, Clause 3 Article I, section 8, Clause 3 of the Con- ciplining, the Militia, and for governing such To regulate Commerce with foreign Na- stitution of the United States ‘‘The Congress Part of them as may be employed in the tions, and among the several States, and shall have Power . . . To regulate Commerce Service of the United States, reserving to with the Indian Tribes. with foreign Nations and among the several the States respectively, the Appointment of By Mrs. MILLER of Michigan: States, and with the Indian Tribes.’’ the Officers, and the Authority of training H.R. 2115. By Mr. CALVERT: the Militia according to the discipline pre- Congress has the power to enact this legis- H.R. 2097. scribed by Congress lation pursuant to the following: Congress has the power to enact this legis- By Ms. LEE of California: Article 1, Section 4 of the U.S. Constitu- lation pursuant to the following: H.R. 2107. tion

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By Mr. NEAL: H.R. 139: Mr. SCHNEIDER. H.R. 1247: Mr. COURTNEY. H.R. 2116. H.R. 148: Mr. HORSFORD. H.R. 1250: Mr. SESSIONS and Mr. SHUSTER. Congress has the power to enact this legis- H.R. 207: Mr. KINZINGER of Illinois. H.R. 1304: Mr. DUNCAN of South Carolina. lation pursuant to the following: H.R. 300: Mr. LEWIS. H.R. 1319: Mr. HINOJOSA. Congress has the power to enact this legis- H.R. 301: Mr. FORBES. H.R. 1346: Mr. LEWIS. lation pursuant to Clause 1 of Section. 8 of H.R. 322: Mrs. MILLER of Michigan. H.R. 1386: Mr. GOODLATTE. Article I and the 16th Amendment to the H.R. 366: Ms. ESHOO. H.R. 1395: Ms. ROYBAL-ALLARD. U.S. Constitution. H.R. 410: Mr. JONES. H.R. 1404: Mr. DUNCAN of South Carolina. By Mr. NEAL: H.R. 416: Mr. FRANKS of Arizona. H.R. 1413: Ms. KUSTER. H.R. 2117. H.R. 495: Mr. COLE, Mr. MCCAUL, Mr. H.R. 1414: Ms. MICHELLE LUJAN GRISHAM of Congress has the power to enact this legis- GRIMM, Mr. COSTA, Mr. BURGESS, Mr. HOLD- New Mexico. lation pursuant to the following: ING, and Mr. NEUGEBAUER. H.R. 1416: Ms. GRANGER. Congress has the power to enact this legis- H.R. 498: Mr. MICHAUD and Mr. PETERSON. H.R. 1420: Mr. GARAMENDI. lation pursuant to Clause 1 of Section 8 of H.R. 503: Mr. GRIMM and Mr. WOMACK. H.R. 1422: Mr. DAINES, Mr. BISHOP of Utah, H.R. 525: Mr. GARDNER. Article I and the 16th Amendment to the Mr. GOHMERT, Mr. BARTON, Mr. PRICE of H.R. 543: Mr. SMITH of New Jersey, Mr. U.S. Constitution. Georgia, Mr. STOCKMAN, and Mr. WESTMORE- RYAN of Ohio, Mr. GERLACH, and Ms. LOF- By Mr. PASCRELL: LAND. GREN. H.R. 2118. H.R. 1494: Mr. SEAN PATRICK MALONEY of H.R. 595: Mr. PETERS of California. Congress has the power to enact this legis- New York. H.R. 630: Mr. PASTOR of Arizona, Mr. LEVIN, lation pursuant to the following: H.R. 1507: Ms. MATSUI, Mr. COURTNEY, Mr. Mr. JOHNSON of Ohio, and Mr. PETERSON. Congress has the power to enact this legis- OWENS, Mr. ANDREWS, Mr. PERLMUTTER, Mr. H.R. 641: Ms. SHEA-PORTER. lation pursuant to Article I, Section 8, FARR, Mr. DELANEY, Mr. VAN HOLLEN, Mr. H.R. 654: Mr. BISHOP of Utah. MAFFEI, Mr. LOBIONDO, and Mr. NUNES. Clause 3 of the United States Constitution. ARTER CHIFF H.R. 685: Mr. C , Mr. S , Mr. H.R. 1521: Mr. BISHOP of New York, Ms. By Mr. RUIZ: ULLIN EARCE OE M , Mr. P , Mr. R of Tennessee, SHEA-PORTER, Mr. WAXMAN, and Ms. SLAUGH- H.R. 2119. Mr. GOHMERT, Mr. KING of Iowa, and Mr. Congress has the power to enact this legis- TER. JOYCE. H.R. 1528: Ms. SCHWARTZ. lation pursuant to the following: H.R. 705: Mr. CHABOT. H.R. 1560: Ms. WASSERMAN SCHULTZ. Clause 18 of section 8 of article I of the H.R. 737: Ms. WASSERMAN SCHULTZ. H.R. 1565: Mr. SEAN PATRICK MALONEY of Constitution H.R. 739: Mr. SCOTT of Virginia. New York and Mrs. NEGRETE MCLEOD. By Mr. SCHIFF: H.R. 755: Mr. SHIMKUS, Mr. SCHOCK, Mr. H.R. 1582: Mr. WHITFIELD. H.R. 2120. CHABOT, Mr. GRIFFIN of Arkansas, Mr. GUTH- H.R. 1587: Mr. LATTA and Mr. DUNCAN of Congress has the power to enact this legis- RIE, and Mrs. BLACK. South Carolina. lation pursuant to the following: H.R. 760: Mr. CARTWRIGHT. H.R. 1590: Mr. MARKEY. The Valley-Wide Noise Relief Act is con- H.R. 761: Mr. WESTMORELAND. H.R. 1593: Mr. SIRES, Mr. SABLAN, Mr. MUR- stitutional under Article I, Section 8, Clause H.R. 763: Mrs. WAGNER, Mr. BROUN of Geor- PHY of Florida, and Mr. PRICE of North Caro- 18, the Necessary and Proper Clause. The bill gia, Mr. BARTON, Mr. MURPHY of Pennsyl- lina. is constitutionally authorized under the Nec- vania, Mr. SOUTHERLAND, Mr. CAMPBELL, and H.R. 1595: Mr. SCHNEIDER and Ms. essary and Proper Clause, which supports the Mr. YOHO. VELA´ ZQUEZ. expansion of congressional authority beyond H.R. 769: Mr. SHERMAN. H.R. 1601: Mr. NADLER. the explicit authorities that are directly dis- H.R. 778: Mr. HASTINGS of Florida and Mr. H.R. 1623: Ms. MOORE, Ms. SHEA-PORTER, cernible from the text. PIERLUISI. and Mr. WAXMAN. By Ms. SPEIER: H.R. 781: Mr. ROSKAM. H.R. 1633: Mr. TIPTON. H.R. 2121. H.R. 792: Mr. PRICE of Georgia and Mr. H.R. 1634: Mr. WITTMAN. Congress has the power to enact this legis- HORSFORD. H.R. 1638: Mr. AUSTIN SCOTT of Georgia. lation pursuant to the following: H.R. 794: Mr. YARMUTH. H.R. 1642: Mr. OWENS. Article 1, Section 8: Congress shall have H.R. 811: Mr. MARKEY. H.R. 1643: Mr. OWENS. the power to regulate commerce among the H.R. 830: Mr. MCINTYRE. H.R. 1692: Ms. PINGREE of Maine, Mr. states, and provide for the general welfare. H.R. 831: Mr. RYAN of Ohio and Ms. FUDGE. LEWIS, Ms. NORTON, and Mr. ISRAEL. By Mr. BACHUS: H.R. 847: Mr. GUTIERREZ, Ms. EDWARDS, and H.R. 1699: Ms. EDWARDS. H.J. Res. 47. Mr. KEATING. H.R. 1701: Mr. HALL and Mr. ROE of Ten- Congress has the power to enact this legis- H.R. 850: Mr. COURTNEY, Mr. THOMPSON of nessee. lation pursuant to the following: Mississippi, Ms. DEGETTE, Mr. COOPER, Ms. H.R. 1717: Mr. GRIFFIN of Arkansas, Mr. Article V of the U.S. Constitution, which LOFGREN, and Ms. SHEA-PORTER. MICHAUD, Mr. JORDAN, Ms. ROS-LEHTINEN, grants Congress the authority to propose H.R. 901: Mr. SESSIONS, Ms. CASTOR of Flor- Mr. PALAZZO, Mr. KEATING, Mr. OLSON, Mr. Constitutional amendments. ida, Mr. PASCRELL, Mr. GARCIA, Mr. NEAL, ROGERS of Michigan, and Mr. WHITFIELD. By Mr. MARINO: and Mr. BACHUS. H.R. 1729: Mr. WAXMAN, Mr. COSTA, Ms. H.J. Res. 48. H.R. 920: Mr. POCAN. SHEA-PORTER, and Ms. HANABUSA. Congress has the power to enact this legis- H.R. 940: Mr. RIBBLE, Mr. GRAVES of Mis- H.R. 1731: Ms. WILSON of Florida and Mr. lation pursuant to the following: souri, Mr. BROOKS of Alabama, Mr. AUSTIN THOMPSON of California. Article V: The Congress, whenever two SCOTT of Georgia, and Mr. FARENTHOLD. H.R. 1739: Ms. CLARKE, Mr. BISHOP of Geor- thirds of both Houses shall deem it nec- H.R. 946: Mr. LANKFORD. gia, Mr. KILDEE, Mr. HECK of Washington, essary, shall propose Amendments to this H.R. 961: Mr. GRAYSON, Mr. PASTOR of Ari- Mr. VARGAS, Ms. JACKSON LEE, Ms. FUDGE, Constitution, or, on the Application of the zona, Mr. GERLACH, Mr. MCKINLEY, Mr. Mr. NOLAN, Mr. RUPPERSBERGER, Mr. AN- Legislatures of two thirds of the several SCHRADER, and Mr. BISHOP of Georgia. DREWS, Ms. WATERS, Mr. COSTA, Mr. MAFFEI, States, shall call a Convention for proposing H.R. 963: Mr. POLLS and Ms. SHEA-PORTER. Mr. LOEBSACK, and Mr. GALLEGO. Amendments, which in either Case, shall be H.R. 997: Mr. BRIDENSTINE and Mr. MARCH- H.R. 1748: Mr. PIERLUISI. valid to all Intents and Purposes, as Part of ANT. H.R. 1749: Mr. LEWIS. this Constitution, when ratified by the Leg- H.R. 1014: Mr. GERLACH. H.R. 1759: Ms. MOORE. islatures of three fourths of the several H.R. 1020: Mr. COLLINS of Georgia, Mr. RIBBLE, Mr. THORNBERRY, and Mr. CAMPBELL. H.R. 1763: Mr. KILMER, Mr. SCOTT of Vir- States or by Conventions in three fourths ginia, Mr. PERLMUTTER, Mr. MCDERMOTT, Mr. thereof, as the one or the other Mode of H.R. 1024: Mr. BLUMENAUER and Mrs. KIRK- PATRICK. MCGOVERN, Ms. LOFGREN, and Mr. MCNER- Ratification may be proposed by the Con- NEY. gress; Provided that no Amendment which H.R. 1038: Mr. SCHIFF. H.R. 1039: Mr. FRANKS of Arizona. H.R. 1773: Mr. BACHUS. may be made prior to the Year One thousand H.R. 1093: Mr. MATHESON. H.R. 1775: Ms. BORDALLO. eight hundred and eight shall in any Manner H.R. 1129: Mr. WALBERG and Mr. KILMER. H.R. 1780: Mr. JOYCE. affect the first and fourth Clauses in the H.R. 1141: Mr. GOODLATTE. H.R. 1787: Mr. THOMPSON of Pennsylvania, Ninth Section of the first Article; and that H.R. 1143: Mr. LANKFORD and Mr. HOLDING. Mrs. BLACKBURN, Mr. GRIJALVA, Mr. GRIF- no State, without its Consent, shall be de- H.R. 1146: Mr. TURNER. FITH of Virginia, and Mr. ELLISON. prived of its equal Suffrage in the Senate. H.R. 1148: Mr. BUTTERFIELD. H.R. 1797: Mr. SAM JOHNSON of Texas, Mrs. f H.R. 1149: Mr. LATHAM. BACHMANN, Mr. LATHAM, and Mr. THOMPSON H.R. 1155: Mr. WELCH. of Pennsylvania. ADDITIONAL SPONSORS H.R. 1179: Ms. ESHOO. H.R. 1809: Ms. SHEA-PORTER. Under clause 7 of rule XII, sponsors H.R. 1186: Mr. BARR, Mr. STOCKMAN, Mr. H.R. 1814: Mr. RYAN of Wisconsin, Mr. ROE DELANEY, and Mrs. BLACKBURN. of Tennessee, and Ms. LEE of California. were added to public bills and resolu- H.R. 1188: Mr. COBLE and Mr. MICHAUD. H.R. 1823: Mr. GOSAR. tions as follows: H.R. 1229: Ms. MOORE, Ms. MCCOLLUM, and H.R. 1825: Mr. SMITH of Nebraska and Mr. H.R. 32: Mr. MCINTYRE. Ms. SCHAKOWSKY. UPTON.

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H.R. 1826: Mr. MULVANEY. H.R. 1951: Mr. KENNEDY. H.R. 2053: Mr. GRIFFIN of Arkansas, Mr. H.R. 1842: Ms. SINEMA and Mr. JONES. H.R. 1962: Ms. DELBENE and Mr. LANGEVIN. ROE of Tennessee, and Mr. POSEY. H.R. 1844: Ms. WASSERMAN SCHULTZ, Mr. H.R. 1971: Mr. COLE, Mr. FINCHER, Mr. H.R. 2055: Mr. KINZINGER of Illinois. IERLUISI ONKO ERRANO P , Mr. T , Mr. S , Mr. BUCHANAN, and Mr. BARBER. H.R. 2059: Mr. KILMER, Mrs. LOWEY, and Mr. GRAYSON, Mr. HUFFMAN, and Mr. SWALWELL H.R. 1979: Mr. DEFAZIO. POCAN. of California. H.R. 1985: Mr. SHUSTER. H.R. 2060: Ms. WILSON of Florida. H.R. 1847: Mr. DUNCAN of Tennessee. H.R. 1987: Ms. MENG and Ms. GABBARD. H.R. 2067: Mr. CONNOLLY. H.R. 1852: Mr. CLEAVER, Mr. CRENSHAW, Mr. H.R. 1992: Mr. POE of Texas and Mr. GARD- VALADAO, Mr. SIMPSON, Mr. CALVERT, Ms. NER. H. Con. Res. 34: Ms. ESHOO. GRANGER, Mr. CAMPBELL, Mr. FINCHER, Mr. H.R. 1998: Mr. FARR, Mr. MORAN, Ms. SHEA- H. Res. 30: Mr. BEN RAY LUJAN of New Mex- MASSIE, Mr. BROOKS of Alabama, Mr. PORTER, Mr. KEATING, Mr. CAMPBELL, Mr. ico, and Mr. GRIFFITH of Virginia. STUTZMAN, Mrs. ELLMERS, Mr. BUCSHON, Mr. HONDA, Ms. ESHOO, Ms. PINGREE of Maine, H. Res. 36: Mr. CALVERT. GIBBS, Mr. GRIMM, Mr. WESTMORELAND, Mr. and Mr. TIERNEY. H. Res. 86: Mr. JOHNSON of Ohio. RUSH, Mrs. WAGNER, Mr. HUNTER, Mr. ROE of H.R. 2000: Ms. DEGETTE, Mr. COSTA, Mrs. H. Res. 89: Mr. CULBERSON, Mr. SAM JOHN- Tennessee, Mr. GRIJALVA, Mr. GRIFFIN of Ar- KIRKPATRICK, Mr. GENE GREEN of Texas, Mr. SON of Texas, and Mr. DELANEY. kansas, Mr. SHUSTER, Mr. STIVERS, Mr. TIP- WELCH, and Ms. TSONGAS. H. Res. 104: Mr. MCNERNEY, Mr. MICHAUD, TON, Mr. BILIRAKIS, Mr. TERRY, Mr. WHIT- H.R. 2009: Mr. LATTA, Mr. TIBERI, Mr. and Mr. ISSA. FIELD, Mr. ADERHOLT, Mr. TIBERI, Mr. ROKITA, Mr. MULVANEY, Mr. DESANTIS, Mr. H. Res. 110: Mr. BENTIVOLIO. MCHENRY, Mr. GRAVES of Missouri, Mr. OSEY ABRADOR UNCAN P , Mr. L , Mr. D of South H. Res. 123: Mr. HIMES. MARINO, Mr. KELLY of Pennsylvania, Mr. Carolina, Mr. STEWART, Mr. GOHMERT, Mr. H. Res. 182: Mr. NOLAN. GERLACH, Mr. BARLETTA, Mr. SHIMKUS, Mr. BARTON, Mr. LAMALFA, and Mr. H. Res. 183: Mr. MCCAUL. CONAWAY, Mr. JONES, Mr. WILSON of South SOUTHERLAND. AN OLLEN Carolina, Mr. BRALEY of Iowa, and Ms. H.R. 2010: Mr. MULVANEY. H. Res. 188: Mr. V H . SCHWARTZ. H.R. 2014: Mr. RIBBLE, Mr. LAMALFA, Mr. H. Res. 212: Mr. YOUNG of Florida. H.R. 1864: Ms. BROWNLEY of California, Ms. HUIZENGA of Michigan, Mr. GOHMERT, Mr. H. Res. 213: Mr. ELLISON, Mr. HUFFMAN, Ms. FRANKEL of Florida, Ms. SCHWARTZ, Mr. KIL- HALL, Mr. POSEY, and Mr. SOUTHERLAND. BROWNLEY of California, and Ms. SHEA-POR- MER, Mr. MESSER, Mr. YOUNG of Indiana, and H.R. 2019: Mrs. CAPITO, Mr. GRIFFIN of Ar- TER. Ms. HERRERA BEUTLER. kansas, Mr. ROKITA, Mrs. LUMMIS, Mr. H. Res. 227: Mr. PETERS of Michigan, Mr. H.R. 1867: Mr. MEEHAN. LUETKEMEYER, Mr. DUNCAN of Tennessee, Mr. CICILLINE, Ms. LEE of California, Mr. NUNES, INZINGER H.R. 1868: Mr. K of Illinois. ROGERS of Kentucky, Mr. LANCE, Mr. FOR- Ms. SPEIER, Mr. COSTA, Ms. CHU, Mrs. H.R. 1869: Mr. SENSENBRENNER, Mr. TENBERRY, Mr. MATHESON, Mr. FITZPATRICK, NAPOLITANO, Mr. SHERMAN, Mr. SARBANES, SOUTHERLAND, Mr. STUTZMAN, and Mr. and Mr. SESSIONS. Ms. SCHWARTZ, Mr. HOLT, Mr. MCGOVERN, MESSER. H.R. 2020: Mr. VELA, Mr. SIRES, Mr. COHEN, Mr. GARRETT, and Ms. ESHOO. H.R. 1876: Mr. MURPHY of Florida and Ms. Mr. NOLAN, Ms. SHEA-PORTER, Mr. PIERLUISI, FRANKEL of Florida. SRAEL H.R. 1882: Mr. HUELSKAMP, Mrs. BLACK- and Mr. I . f H.R. 2022: Mr. DUNCAN of Tennessee, Mr. BURN, Mr. FINCHER, Mrs. CAPITO, AND MR. NUNES, Mr. GRIFFIN of Arkansas, Mr. TIBERI, DUNCAN of Tennessee. PETITIONS, ETC. H.R. 1897: Mr. POE of Texas. Mr. REICHERT, Mr. FINCHER, Mr. WESTMOREL, H.R. 1904: Mr. MAFFEI. Mr. MULVANEY, Mr. LAMALFA, and Mr. Under clause 3 of rule XII, H.R. 1913: Mr. BARTON. PERRY. H.R. 1920: Mr. JOHNSON of Georgia, Mr. H.R. 2026: Mr. OWENS. 18. The SPEAKER presented a petition of HINOJOSA, Ms. BROWN of Florida, Mr. KILMER, H.R. 2028: Mr. BISHOP of New York, Mr. the Legislature of Rockland County, New Mr. BISHOP of Georgia, Mr. RANGEL, and Mrs. FATTAH, Mr. CLAY, and Mr. PRICE of North York, relative to Resolution No. 220 urging NEGRETE MCLEOD. Carolina. the Federal Emergency Management Agency H.R. 1946: Mr. GARAMENDI. H.R. 2036: Mr. RANGEL. to expedite the release of advisory base flood H.R. 1950: Mr. WITTMAN, Mr. WALBERG, Mr. H.R. 2043: Mr. POCAN. elevations for Rockland County; to the Com- DUNCAN of Tennessee, and Mr. ROGERS of H.R. 2052: Mr. LONG, Mr. KINZINGER of Illi- mittee on Transportation and Infrastruc- Alabama. nois, and Mr. LANCE. ture.

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Vol. 159 WASHINGTON, WEDNESDAY, MAY 22, 2013 No. 73 Senate The Senate met at 9:30 a.m. and was appoint the Honorable WILLIAM M. COWAN, a care-related provisions in the Health Care called to order by the Honorable WIL- Senator from the Commonwealth of Massa- and Education Reconciliation Act of 2010. LIAM M. COWAN, a Senator from the chusetts, to perform the duties of the Chair. Mr. REID. I object to any further Commonwealth of Massachusetts. PATRICK J. LEAHY, proceedings to all three of these bills President pro tempore. at this time. PRAYER Mr. COWAN thereupon assumed the The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. pore. Objection is heard. The bills will fered the following prayer: f be placed on the calendar under rule Let us pray. XIV. Eternal Lord God, Your power keeps RECOGNITION OF THE MAJORITY us from falling. Today we bring You LEADER f our praise and thanksgiving because The ACTING PRESIDENT pro tem- IMMIGRATION AND THE BUDGET Your mercies endure forever. pore. The majority leader is recog- Mr. REID. Mr. President, last night Thank You for the gift of freedom nized. the Senate Judiciary Committee, after and for the opportunities our Senators f some 24 hearings and several weeks of have today to protect and defend our SCHEDULE markup, advanced a commonsense, bi- liberties. Forgive them when they miss partisan proposal to fix our broken im- the mark. Give them strength when Mr. REID. Mr. President, following migration system. No one can dispute they are weak, as You provide them leader remarks the Senate will be in a that it is broken. No one can dispute with vision for the tasks ahead. Engen- period of morning business for 1 hour. that it needs to be fixed. I commend der in them a renewed sense of grati- Republicans will control the first half, the good work of the committee, and I tude for Your call to serve their Nation and the majority will control the final am grateful to everyone who worked and Your kingdom. half. Following morning business the those long hours. I will bring this bill, Lord, we again ask You to strengthen Senate will resume consideration of S. which is a strong bipartisan bill, to the everyone affected by the Oklahoma 954, the farm bill, managed by Senator floor in June, sometime soon after we tornado. Bless the victims, the rescue STABENOW and Senator COCHRAN. We return from the Memorial Day work workers, and their families in the days will continue working through amend- period. and weeks to come. ments to the farm bill today. Progress We pray in Your great Name. Amen. Although neither Republicans nor was made yesterday, and we need to Democrats will support each and every f continue working on the amendments. aspect of this legislation, it is grati- PLEDGE OF ALLEGIANCE At 4 p.m. today we will proceed to the fying to see the momentum behind consideration of S. Res. 65 regarding The Honorable WILLIAM M. COWAN led these reforms that will make our coun- Iran sanctions, and the vote on that the Pledge of Allegiance, as follows: try safer and help 11 million undocu- resolution will be at 5 p.m. I pledge allegiance to the Flag of the mented immigrants get right with the United States of America, and to the Repub- f law. I applaud significantly the efforts lic for which it stands, one nation under God, MEASURES PLACED ON THE of the Gang of 8—four Democrats and indivisible, with liberty and justice for all. CALENDAR—S. 1003, S. 1004, H.R. 45 four Republicans—who showed bravery f as they set aside partisanship to ad- Mr. REID. Mr. President, there are dress the critical issues facing our Na- APPOINTMENT OF ACTING three bills at the desk due for a second tion. PRESIDENT PRO TEMPORE reading. I am confident that for everyone in The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The that Gang of 8, Democrats and Repub- pore. The clerk will read the bills by clerk will please read a communication licans, there are parts of this bill they title for the second time. to the Senate from the President pro do not like. But that is how we move The assistant legislative clerk read tempore (Mr. LEAHY). legislation forward for the greater The assistant legislative clerk read as follows: good—compromise. I admire their leg- the following letter: A bill (S. 1003) to amend the Higher Edu- islative skills and appreciate very U.S. SENATE, cation Act of 1965 to reset interest rates for much their ability to set aside these new student loans. PRESIDENT PRO TEMPORE, partisan differences and move this ex- Washington, DC, May 22, 2013. A bill (S. 1004) to permit voluntary eco- To the Senate: nomic activity. tremely important bill to the floor. Under the provisions of rule I, paragraph 3, A bill (H.R. 45) to repeal the Patient Pro- There was other courage on display of the Standing Rules of the Senate, I hereby tection and Affordable Care Act and health on the Senate floor yesterday when

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

S3701

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VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.000 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3702 CONGRESSIONAL RECORD — SENATE May 22, 2013 two Republican Senators bucked the The only explanation their Repub- again. On July 1, interest rates on stu- majority of their party for the good of lican leaders have given for their end- dent loans are set to double, from 3.4 the country. Senators MCCAIN and COL- less obstruction is this: They refuse to percent to 6.8 percent, effectively sock- LINS—two Senators I admire deeply— negotiate unless we agree in advance to ing 7 million students with $1,000 a came to the floor to call on their own let them have their way. Yesterday the year in additional loan costs. In Ne- party to stop blocking bipartisan budg- senior Senator from Arizona and the vada alone this will cost 26,000 students et negotiations. Senator from Maine—both Repub- more than $21 million next year. We JOHN MCCAIN and I came to Congress licans—condemned that. They said it should be removing the obstacles keep- together. In 1982 we were elected. We was hypocrisy. That is my word, not ing young people from getting an edu- spent two terms in the House together, theirs; they can define it any way they cation, not raising more barriers. Rais- and we have been in the Senate to- want. But the point is that they have ing interest rates would put higher gether since then. Over these many been calling for regular order for sev- education even further out of reach for years, more than three decades, JOHN eral years, and now they have the many promising students. MCCAIN and I have disagreed on several chance for regular order and they are Last week Senate Democrats intro- things, but I have never lost my admi- walking away from it. duced a proposal to freeze student loan ration for this patriotic man. He is Senator MCCAIN called the obstruc- rates at current levels for 2 years with- courageous in battle—not only in the tion by his fellow Republicans a little out adding a penny to the deficit. This fights that take place in a war but leg- bizarre. I used that word also to de- is paid for by closing wasteful tax loop- islative battles. I am so appreciative scribe the gridlock here. Senator COL- holes. The legislation being pushed by that he decided the right thing to do LINS agreed that it was ironic at least. House Republicans will take a different was to move forward and see what we That is what she said. The senior Sen- route, sticking it to students instead of could do to get this bipartisan negotia- ator from Maine went on to say: closing loopholes. Rather than invest- tion started. We have called repeatedly for a return to ing in the next generation of American SUSAN COLLINS and I have served to- the regular order in this body. Regular order workers, the House bill would cost stu- gether for a long time in this body. We is going to conference. dents as much as $6,500 more in inter- have worked together on some ex- We agree. We have a progrowth budg- est than the current rates. In fact, tremely important measures. I don’t et that we will proudly defend. House passing the House proposal would be need to run through all these, but there Republicans should be ready to do the worse than doing nothing at all. We are parts of the law of this country same with theirs. I don’t know why my would be better off letting the rates go that would not be law but for her will- Republican colleagues in the Senate up to 6.8 percent than passing the ingness to move forward and move are so afraid of an open conference. The House bill. Passing the House bill or across the aisle. SUSAN COLLINS and I conference committee report will need letting the rates go up to 6.8 percent is disagree on quite a few things, but we both Democratic and Republican votes not the right thing to do. We need to agree on quite a few things. to pass. Do my Senate Republican col- do what we suggest; that is, keep the The people of Arizona are very fortu- leagues not trust their House Repub- interest rates where they are. nate to have JOHN MCCAIN as a Sen- lican colleagues to hold the line on Under the House bill, students would ator, and the people of Maine are fortu- their priorities? pay up to $2,000 more if we allow the nate to have SUSAN COLLINS as a Sen- Congress must set sound, long-term rates to double in July. But Democrats ator. The reason they stepped forward fiscal policy through the regular order know an investment in education is an is because it has now been 60 days—2 of the budget process and through com- investment in our economy, so we will months—since the Senate passed its promise, but Democrats and Repub- keep student rates low and hold back commonsense, progrowth budget. The licans will never find common ground the rising price of education. question everyone raises is, Why are if we never get to the negotiating Last year, after months of obstruc- Republicans standing in the way? Not table. tion, the Republicans eventually con- only are Democrats asking that ques- STUDENT LOANS ceded and helped us achieve that goal. tion, Republicans are asking that ques- On another subject, Congress has After all, it was great election-year tion now. worked hard and compromised often politics for them. This is what Mitt We passed a budget. Senators MCCAIN over the last 4 years in order to reduce Romney said about the effort to keep and COLLINS do not think our budget is the deficit and reverse the trend of ris- loan rates low: ‘‘I fully support the ef- the best. They think they could do a ing debt that began under President fort to extend the low interest rate on better job. But they also understand Bush. That work has paid off. We have student loans.’’ Even my friend the mi- the legislative process—that is, you reduced the deficit by about $2.5 tril- nority leader, MITCH MCCONNELL, said have to work together. Just as the lion. there was not a soul in Washington Gang of 8 did to get the bill on immi- But as our Nation has succeeded in who thought student loan rates should gration to the floor, we need to work setting a course for financial responsi- go up. We agree. But unlike Repub- together to get a budget. The House bility, students across the country licans, we don’t abandon our commit- has passed one. We have passed one. have struggled to do the same. The ris- ment to students just because the elec- Let’s go to conference and work out ing price of higher education puts col- tion is over. Can my Republican col- our differences. lege out of reach for many promising leagues say the same? I hope they still For 60 days Republican leaders have young people, and it saddles those who share our goal of keeping the American objected to a conference with the do get an education with an dream affordable. If they do, there is House of Representatives where we unsustainable debt, a debt that causes an easy way to prove it: work with us could work out our differences between them to delay buying their first home, to quickly pass the proposal to protect our budget and our priorities. The dif- put off having children, or give up the American students. ferences between our budgets are there. goal of starting a business. f We know that, but we need to work to- Today Americans have more than $1 gether on our priorities. The House Re- trillion in student loan debt. There is RECOGNITION OF THE MINORITY publicans and House Democrats need to more student loan debt than credit LEADER come up with what they want, and we card debt, and the average graduate The ACTING PRESIDENT pro tem- will come up with what we want, work- owes more than $25,000 when they get pore. The Republican leader is recog- ing with the Republicans here. That is out of school. I think a college edu- nized. what a conference is all about. In a cation should free young people to f conference it is not just the Democrats achieve their dreams, not saddle them from the Senate on the conference with crushing debt for the rest of their NOMINATIONS committee, Republicans will be on it lives. Mr. MCCONNELL. Mr. President, re- also. And just like in the House, it will College is already unaffordable for cently we have seen troubling signs. not be all Republicans, it will be Demo- too many young people, but if Congress There are some in the executive branch crats also. fails to act soon, that cost will go up who would use the power of the Federal

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.001 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3703 Government to intimidate political op- seats on the NLRB while refusing to another example of the majority manu- ponents. For instance, there were re- send up any of the nominees for the Re- facturing a crisis to justify heavy- ports that the IRS targeted conserv- publican seats. In fact, the administra- handed behavior. ative groups for harassment and dis- tion sat on the Republican nominees to As for the NLRB, Republicans are criminatory treatment because they the NLRB for 9 months. willing to support nominees who are sought to exercise their first amend- Then, with no Republican nominees not unlawfully appointed and who have ment rights of freedom of association to the NLRB before the Senate, the not been unlawfully exercising govern- and speech, and during the debate on President purported to recess appoint mental power. Regarding nominees ObamaCare when the Department of the two Democratic nominees to the generally, Senate Republicans have Health and Human Services issued a Board when their nominations had been willing to work with the Presi- gag order on insurance plans in an at- been before the Senate for less than 3 dent to get his team in place. The Sec- tempt to prevent them from telling weeks. It was so fast the majority lead- retary of Energy was confirmed 97 to 0, their customers about problems with er didn’t even have time to schedule a the Secretary of Interior was con- the bill. hearing. Our Democratic colleagues did firmed 87 to 11, the Secretary of the Now there are published reports that not defend the Senate from the Presi- Treasury was confirmed 71 to 26, the the same department is trying to shake dent’s unprecedented and unconstitu- Director of the Office of Management down some of these same companies for tional power grab. Senate Republicans and Budget was confirmed 96 to 0, and money so it can try to convince Ameri- had to do that. the Secretary of State was confirmed cans to finally like ObamaCare. Now that the DC Circuit has found 94 to 3, just 7 days after the Senate re- Over at the FCC, the President’s al- these purported appointments to be un- ceived his nomination. lies are trying to shut down or make it constitutional—by the way, that was a These continued threats to use the difficult for people who want to buy ad- unanimous three-judge court—and nuclear option point to the majority’s vertising to exercise their first amend- other circuit courts are agreeing with own culture of intimidation in the Sen- ment rights to criticize the administra- its reasoning, what is the Democratic ate. Their view is that we had better tion. There are similar efforts over at majority threatening to do now? It is confirm the people they want when the SEC. It all points to a culture of planning to double down and aid the they want them or they will break the political intimidation. administration with its power grab at rules of the Senate to change the rules Unfortunately, it doesn’t seem the the NLRB. so we can’t stop them. So much for re- culture of intimidation is simply con- Specifically, as with their effort to specting the rights of the minority and fined to the executive branch. The ad- pack the DC circuit, the majority is so much for a meaningful application ministration’s allies in the Senate are threatening to use the nuclear option of advice and consent. trying to intimidate their political op- so they can push through unlawfully Senate Republicans will work with ponents as well. What I am talking appointed board members over the the administration and the Democratic about is the persistent threat by the principled objection of Senate Repub- majority, but we will not be intimi- dated. We have principled objections to majority to break the rules of the Sen- licans. It doesn’t seem that our Demo- some of the President’s nominees and ate in order to change the rules of the cratic colleagues want to respect the constant threats to break the rules are Senate; in other words, to use the nu- rules of the Senate or that they want not going to work. Constant threats to clear option if they don’t get their to respect the rulings of our Federal break the rules are not going to work. way. courts. It appears they want to enable We want to work with the Democrats, For example, Senate Democrats were the President and organized labor to but these tactics are not the way to go incensed that Republicans had the te- exercise power at a powerful Federal about getting our cooperation. merity to exercise their advice and agency without anyone getting in the The majority leader has twice com- consent responsibility to block a grand way. mitted on the Senate floor not to use total of just one nominee to the DC Let’s be clear. These threats to use the nuclear option. The last time was Circuit. What did our Democratic col- the nuclear option because of obstruc- just a few months ago. These were not leagues do in response? They consulted tion are just pretext for a power grab. conditional commitments. They were What are the facts? The Senate has with the White House and pledged to not commitments not to violate the confirmed 19 of the President’s judicial pack the DC court with appointees rules of the Senate unless it became ‘‘one way or another’’—meaning use nominees so far this year. At this point convenient for political purposes to the nuclear option. in President Bush’s second term when violate the rules of the Senate. They are certainly not doing this be- my party controlled the Senate, Presi- The comments of Senators are sup- cause the DC Circuit is burdened with dent Bush had a grand total of four ju- posed to matter. Our words are sup- cases—far from it. The DC Circuit is dicial nominees confirmed. There have posed to mean something around here. one of the least busy courts in the been 19 confirmed so far in the second The commitments of the Senate major- country. They want to use the nuclear term of President Obama with Demo- ity leader need to matter. We simply option to pack the DC Circuit so it can cratic control of the Senate and four in cannot start breaking commitments rubberstamp the President’s big gov- the second term of President Bush with around here, especially on something ernment agenda—the same big govern- a Republican control of the Senate. that goes to the very essence of the ment we have seen over at the IRS and Moreover, Republicans on the Judici- Senate. The majority leader needs to elsewhere. ary Committee just voted unanimously keep his commitments. That is not the limit of the culture of to support the President’s current I indicated to the majority leader I intimidation in the Senate. Let’s look nomination to the DC Circuit. The Sen- was going to ask unanimous consent— at the NLRB situation. Despite the ate Republican conference agreed yes- and I assume he has a copy of it—on story that the administration and Sen- terday to hold an up-or-down vote on the DC Circuit Court nomination that ate Democrats want to spin, Senate his nomination—which has only been the majority leader filed a cloture mo- Republicans did not block the Presi- on the calendar since Monday of this tion on last night. We have already dent’s nominees to the National Labor week—to occur after the Memorial Day stated that we agreed to a debate and a Relations Board; rather, it was the recess. That way Members who do not vote which came out of the committee President who blocked the nominees to serve on the committee, which is a vast unanimously. the Republican slots on the NLRB so majority of the Senate, could have at We confirmed two judicial nomina- he could, once again, pack a powerful least 1 week to evaluate this important tions Monday of this week, and we branch of government, in this case, the nomination. have an additional two scheduled for NLRB. Instead, the majority leader chose to later this week. I have already indi- The administration sat on one of the jam the minority. He rejected our offer cated that confirmations of judges this two Democratic vacancies at the NLRB for an up-or-down vote, just 10 days or year are stunningly fair to the major- for 4 months. Then it waited until the so from now, and filed cloture on the ity compared to a time when President middle of December in 2011 to send up nomination just 1 day after it appeared Bush was in his second term and my both nominees for the Democratic on the executive calendar. This is just party controlled the Senate.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.003 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3704 CONGRESSIONAL RECORD — SENATE May 22, 2013 UNANIMOUS CONSENT REQUEST— President Obama has been trying to mal here, to have a regular process on EXECUTIVE CALENDAR have the people he wants as part of his bills. WRDA is a good example of where 1 Mr. MCCONNELL. Again, I remind team for 4 ⁄2 years. There are multiple we were calling up amendments. Many my colleagues that we confirmed 19 vacancies in this court. It has been re- of them we are getting on without even judges this year. We will have 21 judges ported out unanimously by the com- a motion to proceed, based upon the confirmed by the end of this week. mittee. majority leader’s representation we are Therefore, bearing that in mind, I There is all of this stalling and wait- going to have votes and, by golly, we ask unanimous consent that the clo- ing so that maybe they will be able to have been having votes and, amazingly ture motion filed on Calendar No. 95 be render another couple of opinions over enough, Senators like that. They are vitiated and the Senate proceed to the the next couple weeks and thwart the not marginalized by a process under consideration of this nomination at a law which says there should be 11 peo- which they don’t get to participate. So time on Tuesday, June 4, to be deter- ple on the court. But to pack the court I think we have made an enormous mined by the majority leader after con- with what has been determined the amount of progress. I wish to make sultation with the Republican leader; number of people who should be on sure the majority leader intends to further, I ask that there be 1 hour of that court? Is it right to have a total of keep his word, so we can continue to debate on the nomination equally di- six members of the Circuit Court? Is it have the kind of collegial, constructive vided in the usual form; that at the ex- packing the court because we want to atmosphere we have had this year in piration or yielding back of that time, fill the court as it is called for in the the Senate throughout the balance of the Senate proceed to vote on the con- Constitution? No. We should vote on this Congress. firmation of the nomination with no the nomination of this young man The ACTING PRESIDENT pro tem- intervening action or debate. today so he can go to work and help fill pore. The majority leader. The ACTING PRESIDENT pro tem- one of the four vacancies that has been Mr. REID. We have to work together pore. Is there objection? long standing in that court for 5 or 6 or here, but it is mutual work, it is not Mr. REID. I object. 7 years. all on one side. It is not my word The ACTING PRESIDENT pro tem- Unless there is an agreement, we will versus somebody else’s word. pore. Objection is heard. have a cloture vote at the end of to- In 2005, we had a knockdown, drag- The majority leader. morrow, and if they want to use their out battle here. My friend the Repub- Mr. REID. Mr. President, this good 30 hours, which they are entitled to do lican leader, along with others, gave man, Sri Srinivasan, was first nomi- under the arrangement we made at the speeches on the Senate floor that the nated in June of 2012. He is a brilliant beginning of this year, they can use the process regarding judges wasn’t moving man. He is an honors graduate from 30 hours. But we are going to get this along quickly enough. As a result of Stanford Law School. young man confirmed. It is the right that crisis, in an effort to resolve the Justice Roberts left that court in thing to do and we are going to get him matter, we agreed to put some people 2005. We have been trying to fill spots confirmed as soon as possible. Having on the bench we have regretted since on that court for all of these many waited 345 days, I think he deserves it. then, including Janice Rogers Brown, years—6 or 7 years. The DC Circuit is The ACTING PRESIDENT pro tem- Thomas Griffith, and Brett Kavanaugh, the court that some say is more impor- pore. The Republican leader. but we agreed to that and they are on tant than the Supreme Court. No judge Mr. MCCONNELL. Mr. President, the the court now. We need a balance. has been confirmed in the DC Circuit first time this nominee, who was re- My friend has focused on judicial since 2006. It is an 11-member court es- ported out of committee unanimously, nominations. We have been doing bet- tablished by law, so to have a 7-mem- appeared on the Executive Calendar ter there. But other nominations, not ber court is unfair. We have had one woman, for exam- was 2 days ago. President Obama wait- so. We can talk about all the rights of ple, Caitlin Halligan, a highly qualified ed years before making any nomina- the minority and all that. The Presi- nominee, who has been filibustered tions to the DC Circuit. Then he made dent of the United States, whether it is twice by the Republicans. She was just one—Caitlin Halligan—and this is George Bush or President Obama or nominated to fill the seat of Justice his second nominee to that court. Jeb Bush or Hillary Clinton, whoever it More broadly, the issue is, How has Roberts. might be, deserves the right to have The man we are talking about today the Senate been treating President the people they want to work there and has been nominated to a seat that has Obama? We have confirmed a total of not be held up for months and months been vacant for 5 years. The four seats 190 Obama judicial nominations. We to fill some of these minor posts. I were vacated in 2005, 2008 and have sen- have defeated two. That is 190 to 2. could run through a list of names that ior status by two other judges in the There are 70 percent of the Federal ju- were held up and have been held up for last year or two. His nomination has dicial seats without any nominees—70 a long time. pending for 345 days. That is by far the percent of the vacancies without any My friend the Republican leader said longest wait of any of the judicial nominees. during the squabble we had previously nominations currently awaiting con- Look, this is a manufactured crisis. how he agreed with the fact we should firmation by the full Senate. The core point here, I would say to my change the rules. I am not saying we My friend the Republican leader friend the majority leader: We have a are going to change the rules, but I am talks about Bush’s second term and good relationship. We work together saying we have to do a better job than how he didn’t get many nominations. every day. But the majority leader what is going on around here. This is He didn’t get many nominations at gave his word to the Senate that we no threat. We need to look at the facts. that time because we approved so would determine what the rules are for Look at the facts. many in the first term. It is just the this Congress. A number of my Mem- We are going to continue working to opposite with President Obama. Eight- bers felt it was settled. We voted for try to work through this morass we een Bush circuit court nominees were resolutions and some rules changes at have here. But let’s not focus only on confirmed within 7 days or less after the beginning of the year based upon the judiciary. We have a lot of prob- being reported by the committee. the majority leader’s word. It is impor- lems with regular nominations. We A Republican-controlled Senate filed tant for his word to mean something, haven’t talked about legislation. We cloture on three circuit court judges— not just to his Members but to ours. are doing a little better on that, but a including some real controversial ones, Statistically, it is not true. The perfect example of that is what is going such as, William Pryor and Janice Rog- math can’t be denied. It is simply not on with the budget. People begged ers Brown. Cloture was filed in less true that we have been mistreating the around here, yelled and screamed and than 1 week. President in any way with regard to fought, for regular order. They get it There has been a stall going on in the the confirmation process. With regard and then they don’t want it. Senate for years. It doesn’t take a to the way the Senate itself is working, I am convinced we need to move for- mathematician to figure it out. We are the majority leader has been actually ward. I think one of the things we being held up on nominations and leg- quite complimentary, and I give him should do with something that has islation. credit for helping us to get back to nor- been reported out of the committee 18

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.004 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3705 to nothing, and there have been vacan- can make us have a cloture vote this Mr. MCCONNELL. Mr. President, re- cies for 6 or 7 years, is we should do week and we can skip over the judges serving the right to object, again, I that immediately, not wait for a couple who have been waiting who came out of think what we are witnessing here is a of weeks to do it. If somebody cares committee and are on the calendar if manufactured crisis. We are doing four about this good man, his record is he so chooses; there are some advan- judges this week—this very week—four available. They can read it in 10 min- tages to being the majority leader. But judges. There are five others on the utes. goodness gracious, we have enough ar- calendar before the nominee the major- I am sorry I had to object to my guments here over things we disagree ity leader has been trying to get us to friend’s unanimous consent request, on, and it sounds to me as though we process this week. I think it is a better but it was easy to do because the re- are having an argument over some- policy to continue to set votes that the quest is simply wrong. thing we agree on. facts show are in a timely way. The ACTING PRESIDENT pro tem- So I hope we can tone down the rhet- Why are we doing this? We are not pore. The Republican leader. oric and continue the good way we having a problem confirming judges. I Mr. MCCONNELL. Mr. President, let have been operating this year. We have don’t understand. Why are we doing me thank my friend the majority lead- big, controversial issues coming our this? It doesn’t make any sense. We er for confirming that he intends to way. Let’s don’t make being a Senator have big issues coming our way on im- keep his word. and functioning in the Senate any migration, for example, that are going With regard to judicial nominations, more difficult than it is anyway, be- to be very controversial. Members on the facts are not irrelevant. Of the 33 cause we have big differences about the both sides have been making every ef- nominations in the Senate we have future of the country. But let’s have fort to tone down the rhetoric, to get acted on this year—this calendar those debates in a collegial way and us in the proper place to deal with a year—cloture has been required on not manufacture crises that don’t very difficult and contentious piece of three: Brennan, Hagel, and Halligan, exist. legislation. and cloture was not invoked on only The ACTING PRESIDENT pro tem- Why are we doing this? What is the one. We have confirmed 33 boards—ac- pore. The majority leader. point? All of these judges are going to tually judges, agencies—33 nomina- Mr. REID. Mr. President, everyone be approved in a relatively short period tions confirmed this year. Cloture was knows that numbers—we can show any- of time in an orderly process we have required on only three, and cloture was thing we want with numbers. The fact been working on all year that has pro- is there has been slow-walking done on not invoked on only one. duced four times as many judicial con- the President’s nominations, and we My only point to my friend the ma- firmations for President Obama in his can look at how they do that. It has jority leader is, the math is hard to second term as President Bush had at been interesting. It is a new way of dispute. We have made a major effort this point in his first term when we doing things around here. A nominee here to move the Senate back in the di- had a Republican Senate. rection that I know the majority lead- comes up and what the committee does This is an unprecedented, rapid pace is submit hundreds and hundreds of er and I agree on, the way the Senate for confirmations. So I would say to questions. One of our nominees got ought to operate. We have made major my friend, why are we doing this? I am 1,000 questions in writing the person progress. I think that progress needs to going to object, but I would like to had to respond to. That has never hap- be recognized. My friend the majority know what the point is. What is the pened before. We have all of these ways leader said it on various occasions this problem? year in connection with bills we have of stalling. Mr. REID. Mr. President, I will be I know the Senators from Wyoming processed in a fair and open way with happy to respond to what the problem want to vote on and have spoken to me plenty of amendments and an oppor- is. about Gregory Alan Phillips to be a tunity for everybody to be involved. So The ACTING PRESIDENT pro tem- circuit court judge for the 10th Circuit. let’s tone down the rhetoric. pore. The majority leader. Let’s do it right now. Let’s do him I want to say again I appreciate the Mr. REID. Senator LEAHY said yes- today. The Wyoming Senators majority leader’s commitment to keep terday: shouldn’t have to wait. his word. It is important around here. That is why I ask unanimous consent A recent report by the nonpartisan Con- gressional Research Service compares the It has a lot to do with how we go for- that we do—I am sorry. I like him, but ward. I think the conversation this whole of President Obama’s first term to the the man on whom we are going to in- whole of President Bush’s first term, and the morning has been constructive, and I voke cloture graduated law school with thank him. I am sorry he feels we can’t contrast could not be more clear. The me- my son. He is a fine man, but I am not dian Senate floor wait time for President wait 10 days to do this nominee, par- the only one who messes up his name. Obama’s district [court] nominees was 5 ticularly since there are circuit judges, He was a basketball player in Kansas. times longer than for President Bush’s. I believe, and maybe district judges as He said his parents came to all of his President Obama’s circuit [court] nominees well, already on the calendar. The way games and they cringed every time his faced even longer delays, and their median we have been trying to do it around name was pronounced because it is a wait time was 7.3 times longer than for here that I thought the majority leader President Bush’s circuit nominees. The com- hard name to pronounce. parison is even worse if we look just at nomi- agreed with is we would take them up I ask unanimous consent that at a in the order they came out and ap- nees who were reported and confirmed unani- time to be determined by me, the Sen- mously. President Bush’s unanimously con- peared on the calendar. I know, for ex- ate proceed to executive session to con- firmed circuit nominees had a median wait ample, there is a judge from Wyoming sider Calendar No. 95, Srikanth time of just 14 days. Compare that to the that Senators from Wyoming in my Srinivasan; that there be 1 hour of de- 130.5 days for President Obama’s unanimous party are for, and they are asking me bate equally divided in the usual form; nominees. why this particular nominee was that upon the use or yielding back of So 14 days compared to 130.5. Things jumped over, over their nominee, be- that time the Senate proceed to vote are going along really well? I do not cause we have been sequencing these, I without intervening action or debate think so. believe, have we not, as they come out. on the nomination; the motion to re- On with what Senator LEAHY said: So here we have a nominee we all consider be considered made and laid That is more than 9 times longer. Even the agree on for a court that is not over- upon the table, with no intervening ac- nonpartisan CRS calls this a ‘‘notable loaded with work—a nomination only tion or debate; that no further motions change.’’ There is no good reason for such recently made and recently con- be in order to the nomination; that any unprecedented delays, but those are the firmed—and the only dispute here statements related to the nomination facts. seems to be over whether we do it this be printed in the RECORD; and that So that is why we are doing this. week or a week from now. Thus, my President Obama be immediately noti- There is no reason to wait 10 days or 2 friend, that is why I call this a manu- fied of the Senate’s action and the Sen- weeks for this good man to fill a seat factured crisis. There is no crisis here. ate then resume legislative session. on a court that has been waiting for We are not arguing over this nominee. The ACTING PRESIDENT pro tem- people to get on the court for 7 years. We like him. So the majority leader pore. Is there objection? We have a majority in that court that

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But we will continue to process is to get this good man on the court of many Federal agencies and in recent these judges in an orderly fashion, as now. years has handled some of the most im- we have all year long, and, hopefully, The ACTING PRESIDENT pro tem- portant terrorism and enemy combat- he and I can discuss this further off the pore. The Republican leader. ant and detention cases since the at- floor and find a way forward. Mr. MCCONNELL. Mr. President, I tacks of September 11. These cases are Mr. REID. I do not want anyone gather, listening to the majority lead- very complex in nature, requiring addi- thinking I am not keeping my word. I er, the whole purpose is to stack the tional time for consideration. was not going to say anything, but I court. So the real issue, I guess, is he Congress took action to address these thought I said I would get the last disagrees with the rulings on the DC concerns about their caseload by de- word. Circuit. creasing the number of judgeships in So Senator MCCONNELL can say Look, we have been voting to confirm 2008 from 12 to 11. Congress has set the something now, and I will not get the judges we know we will not prefer the number of judgeships needed by the last word. outcome of their decisions. But it court at 11. The court should not be f understaffed by one-third. sounds to me like the majority leader RESERVATION OF LEADER TIME has finally kind of fessed up to what In reality, according to the Adminis- the real problem is. The reason it needs trative Office of U.S. Courts, the case- The ACTING PRESIDENT pro tem- to be done this week versus next week load per active judge has increased by pore. Under the previous order, the is because he does not like what the DC 50 percent since 2005, when the Senate leadership time is reserved. Circuit is doing. So it does not have confirmed President Bush’s nominee to f fill the 11th seat on the DC Circuit. anything to do with caseload or any- MORNING BUSINESS thing else. In fact, what is unprece- So Senate Republicans willingly con- firmed President Bush’s nominees to The ACTING PRESIDENT pro tem- dented is confirming a DC Circuit court pore. Under the previous order, the judge 2 days after he has been on the the 9th, 10th, and 11th seats on the DC Circuit. We did not think they were Senate will be in a period of morning calendar—2 days. Goodness. What is business for 1 hour, with Senators per- the difference between now and next stacking it. I did not particularly like some of the people they put on there, mitted to speak therein for up to 10 week? I find it impossible to under- but it was not stacking it. That is what minutes each, with the Republicans stand. controlling the first half. In fact, I do not understand why we the legislation called for. This good man is President Obama’s The Senator from Arkansas. are having this whole discussion this second nominee to the DC Circuit to morning. We have plenty of things to f fill the eighth seat, and they filibus- debate around here and plenty of IRS SCANDAL tered Halligan twice. things we disagree upon. We have had So this is a situation that needs to be Mr. BOOZMAN. Mr. President, I am an orderly process. This Congress has resolved quickly. We cannot have the very much appreciative of the Senator done well: 19 judges compared to 4 for second, or first, most important court from Kentucky and the Senator from President Bush at this point. in the land one-third vacant. We are Nevada having this very important dis- If there is still a consent request stacking the court with one person? I cussion. pending, I object. think not. Washington tends to operate inside a The ACTING PRESIDENT pro tem- So we can stay here longer, but I bubble where one can easily forget just pore. Objection is heard. have made my point. One thing I have how much Main Street America is Mr. MCCONNELL. I think the major- to say to my friend, although we have hurting economically, how many ity leader and I ought to sit down like gotten into a few of these little con- Americans feel their rights are being we normally do and figure this out and versations before on the Senate floor, I threatened, and how many fear we are eliminate a manufactured crisis and go will wind up getting the last word. not going to leave behind a better forward. The ACTING PRESIDENT pro tem- country for our children. The ACTING PRESIDENT pro tem- pore. The Republican leader. That is why it is so important we pore. The majority leader Mr. MCCONNELL. Yes, I know the stay connected to our constituents. It Mr. REID. Mr. President, in school majority leader will always have the is why I travel home almost every we studied a lot of things. But one of last word. That is the advantage of weekend, hold telephone and online the things I cannot forget is George Or- being in the majority and not the mi- townhalls from my Washington office, well’s ‘‘1984.’’ It was an interesting nority. I think it has been actually a and try to read my mail, which is so book because in that book he talked good discussion this morning. I think very important. about people coming to a time when we have demonstrated there is no real In a recent townhall I answered some whatever they said was factually just problem. We have confirmed the Presi- difficult questions on the issues we are the opposite. dent’s nominees both for the judiciary facing as a nation. However, one of the Here is where we are now. It has been and for the executive branch in a very toughest questions that was posed was legislatively determined the DC Circuit timely fashion, and we will continue to not about a specific policy issue. In- should have 11 members. My friend process these judges in consultation stead, it was when I was asked: How do says we are stacking the court? There with the majority leader as they come we fix the mess in Washington? are four vacancies. Stacking the court along. I answered, in part, that trans- by having eight there instead of seven? The ACTING PRESIDENT pro tem- parency and accountability would go a That math is not very good. pore. The majority leader. long way to restoring faith in Wash- My friend also keeps talking about Mr. REID. Mr. President, the only ington. That was before the Benghazi that the DC Circuit does not have any- thing I would say is, what about the controversy escalated. Then news of thing to do. The DC Circuit is now judge from Wyoming? Why don’t we do the IRS scandal broke. Almost imme- more than one-third vacant with four that today? Could there be a more Re- diately after that we learned the De- judicial vacancies. Mr. Srinivasan is publican State in the country than Wy- partment of Justice had obtained the nominated to the eighth seat on the DC oming? Maybe. I do not know. Maybe private phone records of dozens of As- Circuit. Three still remain empty. Idaho is vying for No. 1. But I am will- sociated Press reporters. And, yes, we are. The country is con- ing to approve this judge today. Why This is the opposite of what we need cerned about the decisions coming out don’t we vote on him today? to do to fix the problems in Wash- of that court. The DC Circuit Court of Well, if you want to go ahead and ington. These scandals move us in the Appeals is considered by some the most have us invoke cloture on this other wrong direction.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.007 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3707 It is hard to pick which one of these on when that implementation begins, We still do not know why the IRS be- I find the most troubling, but I want to especially in light of the fact that the lieved it had the right to release con- focus on the IRS scandal because tar- official who was in charge of the unit fidential data which it had wrongly re- geting political groups, singling them that targeted conservative groups now quested in the first place. They re- out for additional scrutiny simply be- runs the IRS office responsible for the leased that to third parties with adver- cause you disagree with their ideolog- health care law? sarial interests to those conservative ical views is wrong on every level. Everyone needs to be treated fairly groups in question. The progressive Dismissing this massive overreach as under the law. Clearly, there are em- publication ProPublica admitted it ob- if it is just the acts of a few rogue ployees at the IRS who do not sub- tained from the Internal Revenue Serv- agents in Cincinnati, as some have scribe to this principle. There must be ice illegally leaked confidential tax tried to do since the onset, is not tak- zero tolerance for the actions of those forms from nine organizations. ing leadership nor is it seeking to hold individuals. All of the groups whose records were the agency accountable. Until we change the culture in Wash- improperly released were conservative. We now know the Acting IRS Com- ington, we will not gain the confidence Why did the IRS leak these records? missioner knew of these abuses for at of the American people. The onus is on What was their goal? Why did only con- least a year, and officials at Treasury us. Washington as a whole—the White servative organizations have their con- and as high up as the Chief of Staff at House, Congress, and every civil serv- fidential information leaked? Why did the White House were briefed before ant—has to remember whom we work the White House senior staff, including the leak despite the repeated claims for and to whom we are accountable. the White House Counsel and the White that the administration learned about The actions of the IRS, along with the House Chief of Staff, fail to inform the it through news reports. other scandals plaguing DC, only move President of this egregious government We know it was not just Cincinnati. us further from the goalpost, not clos- overreach by the IRS? IRS officials at the agency’s Wash- er. Former Special Counsel to President ington headquarters also sent queries I yield back. Clinton, Lanny Davis, recently wrote to conservative groups asking about The PRESIDING OFFICER (Ms. an opinion piece in the Hill: their donors, and progressive groups, HEITKAMP). The Senator from Ne- With all due respect to someone who has who operated the same way, were not braska. impeccable legal credentials, if she did have f such foreknowledge and didn’t inform the subjected to this type of harassment. President immediately, I respectfully sug- On top of all this there is real con- ONGOING CONTROVERSIES gest Ms. Ruemmler is in the wrong job and cern that IRS officials may have lied to Mrs. FISCHER. Madam President, I that she should resign. Congress in an effort to cover up the rise today to discuss a number of ongo- Politico recently reported—the story agency’s misdeeds. Yesterday before ing controversies of national impor- keeps changing: the Finance Committee the former tance, including the IRS’s unfair treat- The White House explanation of what it head of the agency who was in charge ment of conservative groups applying knew about the IRS story ahead of the first at the time of these abuses claimed for tax-exempt status, the secret gath- press reports on the controversy shifted once this was not ‘‘politically motivated,’’ ering of journalists’ phone records by again Thursday. while at the same time he said he did the Department of Justice, and the ad- Let me repeat that, ‘‘shifted once not know how the targeting happened. ministration’s response to the attack again.’’ Along with this impressive double- on the U.S. consulate in Benghazi. It seems that some folks from the talk, he refused to apologize for the Both the House and the Senate have White House cannot get their facts abuses that went on under his watch. held hearings with the former and act- straight. Why? The White House Press Somebody has to be accountable. ing IRS Commissioners, as well as the Secretary admitted yesterday that offi- This is not a time for excuses; it is a Treasury Department’s Inspector Gen- cials in the White House discussed how time for leadership. The President eral for Tax Administration, who con- and when the IRS would tell the public needs to fully cooperate with the con- ducted an internal audit and authored the agency had been targeting conserv- gressional investigations into the IRS the report revealing the pattern of gov- ative groups. The eventual public dis- scandal. ernment abuse within the IRS tax ex- closure was made by IRS Tax Exempt Last week, our entire caucus sent a empt division. and Government Entities Division Di- letter to the White House that de- While I am pleased that Congress is rector Lois Lerner, who revealed the mands at least this much from the ad- judiciously exercising its oversight pattern of government abuse with an ministration. Washington’s credi- powers, very few questions have been intentionally planted question at an bility—what is left of it—is on the line. answered. The pattern of inconsistent otherwise little-noticed Washington, The American people deserve to know explanations continues. We still do not DC, lawyers conference. what actions will be taken to ensure know who exactly initiated the prac- It is outrageous that despite numer- those who made these decisions at the tice of wrongfully targeting conserv- ous congressional inquiries asking the IRS will be held accountable. ative groups. IRS for answers in both public hearings The good news is people on both sides Ironically, the Acting IRS Commis- and formal letters, the IRS would first of the aisle—Republicans and Demo- sioner, Steven Miller, testified under reveal the truth through a charade of a crats—are rightfully outraged. We are oath that there was absolutely no po- ‘‘planted’’ question. Then Lerner went going to get to the bottom of this. Peo- litical motivation behind the practice; on to earn herself a ‘‘bushel of ple will be held accountable. At the however, Mr. Miller could not identify Pinocchios’’ from the Washington Post very least those engaging in these un- the names of the individuals whose mo- fact checker for her series of ethical actions need to be fired. If they tives he was supposedly vouching for. misstatements and ‘‘weasley wording.’’ broke the law, they need to be pros- How is that even possible? Nebraskans Whatever happened to the Presi- ecuted. know better than to buy that bill of dent’s worthy goals of promoting the This scandal gives the already ma- goods. most accountable, the most trans- ligned IRS a black eye. It reinforces We still do not know why this abu- parent, the most open administration people’s worst fears about Wash- sive policy was implemented in the in history? I do not appreciate being ington—that those in power will use first place. IRS officials have main- misled, and Nebraskans do not either. any means necessary to maintain that tained that the extra scrutiny given to Regarding the secret collection of the power. conservative groups was an attempt to Department of Justice of over 100 Asso- Keep in mind this agency will be re- deal with an influx of applications. As ciated Press journalist phone records, sponsible for implementing and enforc- a number of fact checkers and media two key questions remain. Why didn’t ing key provisions of the President’s outlets have noted, that surge in appli- the Department of Justice ask the As- health care law, a law that a majority cations did not happen until well after sociated Press to voluntarily cooperate of Arkansans do not support. If these the targeting began. The reasoning for before issuing those subpoenas as the types of abuses are allowed to go un- the practice put forth by the IRS sim- law requires? And why did the Depart- checked, what kind of bullying will go ply does not align with the facts. ment of Justice fail to abide by the law

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.008 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3708 CONGRESSIONAL RECORD — SENATE May 22, 2013 and inform the Associated Press that of arrogance and change the above-the- was blaming the massacre on a the records were subpoenaed, denying law attitude that seems to have a grip YouTube video the very same day them the opportunity to appeal that over his departments and agencies. Ig- Libya’s President was calling it a heavy-handed play? norance, willful or otherwise, is not preplanned terrorist attack? Is it irrel- Washington Post columnist Eugene going to cut it anymore. We simply evant that the former deputy to the Robinson put it well: cannot afford to have a President on late Ambassador Chris Stevens has said The Obama administration has no business the sidelines. This unraveling saga of that everybody at the U.S. Embassy rummaging through journalists’ phone government gone wild demonstrates believed from the start that it was a records, perusing their e-mails and tracking exactly one of two things: either the terrorist attack? Finally, is it irrele- their movements in an attempt to keep them height of government incompetence or vant that this former deputy, Gregory from gathering news. This heavy-handed Hicks, was punished by the State De- business isn’t chilling, it’s just plain cold. gross abuse of power. Rather than send- partment for cooperating with congres- But, once again, the overreach does ing surrogates out on the Sunday talk shows to claim ‘‘the law is irrelevant’’ sional investigators so the truth could not stop there. Recent news has sur- get out? faced that a Fox News journalist was with regard to that IRS overreach, I call on the President to work with Con- That is a strange choice of words— criminally investigated for doing his ‘‘irrelevant.’’ I don’t think the Amer- job, lawfully soliciting information gress to build back the people’s trust. This includes taking responsibility ican people believe that is irrelevant— from a government source. The Post any of these facts. In fact, I think what describes the investigation in vivid de- for the actions of those working within the executive branch, enforcing the we can only conclude is that the cul- tail. They used security badge access ture the White House, unfortunately, records to track the reporter’s comings laws, and removing all those respon- sible for this disturbing pattern of gov- has created is one where coverups, mis- and goings from the State Department, direction, prevarication and dissem- according to a newly obtained court af- ernment overreach. I yield the floor. bling are OK, not being straight with fidavit. They traced the timing of his the American people. calls with a State Department security The PRESIDING OFFICER. The Sen- ator from Texas. No wonder the American people adviser suspected of sharing the classi- doubt their leadership in Washington fied report. They obtained a search f and particularly in the White House if warrant for the reporter’s personal e- WHITE HOUSE SCANDALS the White House is going to create a mails. culture in which these sorts of cover- This assault on the First Amendment Mr. CORNYN. Madam President, this last weekend White House adviser Dan ups are OK or, in the words of Dan is unacceptable and the intimidation of Pfeiffer, simply irrelevant. When the reporters through unnecessary crimi- Pfeiffer visited all five Sunday morn- ing talk shows. What he tried to do American people can’t trust the White nal investigations and excessive sur- House to be honest with them—and re- veillance raises serious questions about there was to defend the Obama admin- istration’s handling of the various fuses to accept responsibility for their the freedom of the press. The President mistakes—it is not irrelevant. and the Department of Justice have scandals we are all too familiar with. Unfortunately for the President, I As for the IRS scandal, some people yet to come forward with credible an- have tried to dismiss the targeting of swers. The American people are still think he only made things worse. For example, he said President various conservative groups as a rogue waiting. operation managed by a few renegade Finally, I would like to briefly touch Obama’s whereabouts on the night of the Benghazi terrorist attack were ir- staffers in the Cincinnati office. Yet on the tragic attack on our consulate the more we learn about this scandal, in Benghazi. Much attention has been relevant. That is a strange use of the word. Where the President is when a the bigger it seems. paid to the internal White House e- Anybody who has been around a big terrorist attack kills four American mails and changes to U.N. Ambassador bureaucracy—and certainly the IRS citizens in Libya, to call that irrele- Susan Rice’s talking points explaining qualifies as a big bureaucracy—knows vant strikes me as an odd choice of the source of the attacks. that when you ask the bureaucrats words. I believe a key question still remains something, the easiest answer is no be- He was also asked whether it is ille- to be answered: Why for 2 weeks did cause they don’t get in trouble for say- gal for the IRS to target individuals the administration propagate the tale ing no. They may not be very helpful and organizations for political reasons. that it was a YouTube video-inspired or responsive, but they don’t get in attack when officials knew almost im- Again, he said, ‘‘It is irrelevant.’’ trouble. mediately it was carried out by affili- Strange choice of words. In other What strikes me as so bizarre about ates of al-Qaida? That is a pretty sim- words, if the American people were this idea that there are a number of ple question. hoping that this White House would fi- free agents in Cincinnati who decided Why were the American people told nally provide straight answers to basic to cook this up on their own is it really an anti-Islam YouTube video prompted questions, they were once again dis- goes against the grain of everything we the attacks when it was known it was appointed. know about bureaucracies. Why in the not? No one has answered this very Let’s review the facts starting with world would they take the initiative to basic question. Benghazi, as the Senator from Ne- target political speech unless they Instead of providing answers to these braska was just talking about. thought they either had the explicit or questions, a top White House adviser Eight months, of course, have passed the implicit approval of their higher- has impugned the integrity of those since four brave Americans were killed ups? It just doesn’t make any sense seeking the truth by decrying per- by terrorists linked to al-Qaida. Eight otherwise. sistent questioning as a ‘‘witch hunt.’’ months have passed since the Obama Last week one Cincinnati IRS em- It is time for the President to put poli- administration blamed the attack on a ployee told the Washington Post—and I tics aside, demand accountability from spontaneous demonstration incited by think this has the ring of truth—that his staff, and step up and do his job. some amateur YouTube video. ‘‘everything comes from the top. We Congress is doing its part by con- Is it irrelevant that we don’t know don’t have any authority to make ducting serious oversight hearings on where the President of the United those decisions without someone sign- both the IRS overreach and the States was on the night of the attack ing off on them. There has to be a di- Benghazi attack. Yet critical govern- or what he did or did not do to come to rective.’’ Now, that sounds like the bu- ment witnesses—such as the IRS Tax the aid of these four brave Americans reaucracy that I know and am familiar Exempt and Government Entities Divi- who were at risk of losing their lives with. sion Director Lois Lerner—refuse to and did, in fact, lose their lives? Is it So I would like to ask the White cooperate, insisting on pleading the irrelevant that members of the Obama House if it is irrelevant that America’s Fifth Amendment during hearings to administration deliberately misled, tax collection agency was turned into a set the record straight. time and time again, the American political attack machine, deciding that It is up to the President. It is up to people about this act of terrorism? Is it they were the ones who could police po- the President to transform this culture irrelevant that Ambassador Susan Rice litical speech and activity protected by

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.010 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3709 the First Amendment to the Constitu- way they have begun the investigation I think it is important to keep in tion? Is it irrelevant that an agency into this IRS scandal. What we all rec- mind the amendment we have intro- with the power to destroy people’s lives ognize, Republicans and Democrats duced does not eliminate the safety net adopted the tactics of a dictator? Is it alike, is that this is a threat to the for sugar producers. It simply makes irrelevant that senior IRS officials public’s trust in government institu- some moderate commonsense reforms learned about these abuses at least 2 tions and that this culture of intimida- in the program. Sugar growers would years ago and lied to Congress and the tion is not something we can stand for, still be supported by the Sugar Loan American people when we asked them using the extraordinary power of the Program and protected by import re- about them? Federal Government to target Amer- strictions and domestic market allot- When I got reports from the King ican citizens for exercising their con- ments. In fact, this amendment simply Street Patriots and True the Vote in stitutional rights. Indeed, if President returns us to the same policies that Houston, TX, and the Waco and San Obama wants to know why the Amer- sugar producers themselves supported Antonio tea parties in 2011 and 2012 ican people’s trust in the Federal Gov- as recently as 2007. about some of the tactics they were ernment has plummeted to an alltime Since 2008, sugar prices in the United being exposed to, I and other Members low, all he has to do is look at these States have soared to record highs and of the Senate wrote to the Commis- two scandals and consider how the ad- they have consistently reached levels sioner of the IRS Mr. Shulman, and Mr. ministration is handling them. that are about twice the world pricing Miller, the Acting Commissioner, and When government officials consist- of sugar. In fact, the Sugar Program they failed to disclose what we now ently mislead, stonewall, and abuse has cost consumers and businesses as know is the truth. Senator HATCH, the their power, people take notice, they much as $14 billion over the last 4 distinguished ranking member of the don’t forget, and the day of reckoning years. This amendment would provide Finance Committee, yesterday told Mr. will surely come. a smart, practical, and pragmatic fix to Miller that was a lie by omission at the Madam President, I yield the floor, the policies that are currently in place, very least. Certainly it was not telling and I suggest the absence of a quorum. and it is a bipartisan proposal. There the whole truth to the Members of Con- The PRESIDING OFFICER. The are 18 other Senators from both sides gress, whose responsibility is to pro- clerk will call the roll. of the aisle who have joined on this vide oversight to the American people The legislative clerk proceeded to amendment. of the IRS and of the Federal Govern- call the roll. Again, we have been hearing about ment. I don’t think it is irrelevant Mrs. SHAHEEN. I ask unanimous jobs that would be lost in the sugar in- when IRS Commissioner Douglas consent that the order for the quorum dustry if we make these moderate re- Shulman categorically denied these call be rescinded. forms, but the reality is we are already abuses in sworn testimony before the The PRESIDING OFFICER. Without losing and have lost too many valuable House Ways and Means Committee in objection, it is so ordered. manufacturing jobs across this country March of 2012. Mrs. SHAHEEN. It is my under- as businesses close or move overseas in Furthermore, I don’t think it is irrel- standing that I have 10 minutes to search of lower prices. We can see some evant that IRS officials may have com- speak. Will you confirm if that is cor- of this illustrated on this chart. These mitted criminal offenses. I realize that rect? are sugar-using jobs in the food indus- is a serious statement and charge to The PRESIDING OFFICER. The Sen- try, and there are more than 30 times make, but we know this morning that ator is correct. as many of these jobs as there are in the director of the Internal Revenue f sugar production and processing. So we Service division overseeing nonprofit can see sugar-using food and beverage SUGAR PROGRAM organizations has taken the Fifth jobs, which is the blue, compared to Amendment when asked for sworn tes- Mrs. SHAHEEN. I am here today to sugar farming, production, and proc- timony by a congressional oversight speak to the importance of bringing essing, which is the red. That is 590,669 committee. much needed reform to the Federal compared to 18,078. And where do these To refresh everybody’s memory, the Sugar Program. I understand that this numbers come from? Well, in fact, they Fifth Amendment to the U.S. Constitu- is not something the Presiding Officer are from the U.S. Census and the De- tion means that you cannot be com- supports and that this is not something partment of Commerce. pelled to incriminate yourself and pos- the Agriculture Committee addressed Unfortunately, between 1997 and 2011, sibly expose yourself by virtue of your in the farm bill. I think it is important nearly 127,000 of these jobs, the manu- own testimony to a criminal prosecu- to try to address some of the misin- facturing jobs, were lost in sugar-using tion. That is what taking the Fifth formation that is out there. industries. In fact, the U.S. Depart- Amendment is. We have been hearing a lot of talk ment of Commerce has estimated that While she is within her rights to take about the need to protect America’s for every one sugar-growing job that is the Fifth Amendment, if she has a sugar farmers. What we haven’t heard saved through high sugar prices, ap- credible fear of prosecution for vio- is that sugar remains the most tightly proximately three manufacturing jobs lating the criminal laws, I believe this controlled commodity market in this are lost. So again, let me put the num- elevates this scandal to a new level. country. We currently have what I be- bers into perspective, as this chart Finally, I would suggest to our lieve is an outdated program that of- does. There are less than 5,000 sugar friends at the White House that it is fers a sweet deal to a small group of growers and processors in the country. not irrelevant that a Texas business- sugar growers and processors at the ex- U.S. data shows there are about 18,000 woman named Catherine Engelbrecht pense of too many other American total jobs in the sugar industry, com- was targeted not only by the IRS but businesses and at the expense of Amer- pared with almost 600,000 jobs in the by the FBI, the ATF, and OSHA after ican consumers. sugar-using industry. she founded a pair of organizations in What the amendment that I have of- We have also been hearing this Houston, TX, known as the King Street fered with a number of cosponsors will amendment would allow for an increase Patriots and True the Vote. do is reform the Sugar Program to in foreign sugar into the U.S. market. I think most Americans would agree make U.S. manufacturers more com- This amendment maintains the current that all of this information is quite rel- petitive and to reduce prices for con- import quotas for each country. Let me evant, quite reprehensible, and some- sumers. It will lower sugar price sup- repeat that: It maintains the current thing that Congress ought to, on a bi- port levels, and it will reform the ex- import quotas for each country. It al- partisan basis, investigate. cessive restrictions on domestic supply lows the Secretary of Agriculture to I congratulate the chairman of the and import quotas for sugars. modify these quotas if he or she deter- Senate Finance Committee, MAX BAU- These reforms would save taxpayers mines it is necessary, just as they were CUS, a Democrat—not a member of my money. The Congressional Budget Of- able to do before 2008. The fact is this political party—and Senator ORRIN fice has estimated that this legislation amendment would have no impact on HATCH, the ranking Republican on the would save $82 million over the next 10 sugar imports from Mexico because Finance Committee, for the bipartisan years. under the North American Free Trade

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.012 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3710 CONGRESSIONAL RECORD — SENATE May 22, 2013 Agreement or NAFTA, Mexico cur- class to know we have to do more than keepers to our countless tourist attrac- rently is the only country without a we are doing today. Throwing up our tions. It would have even affected Fed- quota for sugar importation, and that hands and doing nothing is poor gov- eral institutions such as the gem of is true whether we pass this amend- erning. Senator COLLINS and I believe Acadia National Park and our State ment or not. That is true under the we have a responsibility here as leaders parks as well. In our States, each sea- current system. to inject some measure of common son, but particularly during those key So even if we don’t pass reforms, the sense into the process. peak summer months, we welcome argument that Mexico is coming in and With that, Madam President, I wish with open arms visitors from around bringing sugar into the country is true, to turn to my colleague Senator COL- the globe. If those visitors were going there is sugar coming in from Mexico, LINS for her thoughts on the necessity to have to sit on a tarmac for 3 hours but the fact is that is the way it is of the Collins-Udall legislative pro- awaiting a flight, they most likely under the current program. Currently, posal. were going to cancel their trips. sugar is the only—let me repeat, the The PRESIDING OFFICER. The Sen- I am proud of the work Senator only—commodity program that was ator from Maine. UDALL and I did to pass this bipartisan not reformed in the committee-passed Ms. COLLINS. Madam President, of bill, but more can and should be done farm bill that is under consideration course my friend and colleague from to give other agencies the same kind of now. Colorado is exactly right, and I want to flexibility to set wise spending prior- Let me be clear: I think the Com- thank him for his leadership on this ities. mittee on Agriculture, Nutrition, and issue and for working with me to de- I would turn to the Senator from Col- velop a bipartisan, commonsense plan Forestry—Senator STABENOW and the orado to ask him if he agrees that isn’t committee—did a great job on that bill that would help to mitigate the harm- a better approach than across-the- in most areas because they provided ful effects of the automatic spending board cuts with no flexibility? cuts known as sequestration that took savings and they reformed the pro- Mr. UDALL of Colorado. The Senator effect on March 1. gram. So it is particularly puzzling to from Maine has it exactly right, and I I want to emphasize that under our commend her for her leadership. me why they totally left the sugar sub- proposal, budget targets would still I want to point out to those who were sidies out of the bill, that they did have to be met. We understand the critical of what we did when it came to nothing to reform the Sugar Program. need to confront our enormous Federal the FAA, it is not just elite business I don’t think any program the Fed- debt, which is approaching $17 trillion. travelers or Members of Congress who eral Government operates should be But our plan does so in a sensible way. use our air transportation. It is fami- immune from updates and improve- It recognizes that rather than imposing lies, it is seniors, it is businesswomen, ments. We need to act, and we need to meat-ax cuts, we should be setting pri- and every American possible using our act now, to reform the Sugar Program orities. Our bill would give the heads of air transportation system. We see the and to protect those workers who are Federal agencies and departments af- egalitarian nature of our air transpor- in the food industry that use sugar, and fected by sequestration the flexibility protect consumers who are spending to implement the required cuts in a tation system when we are in our air- more money than they should for the much more thoughtful way by pre- ports. Senator COLLINS brokered a sensible cost of sugar. serving vital programs and reducing or compromise that kept our airports run- Madam President, I yield the floor. eliminating lower priority programs. The PRESIDING OFFICER. The Sen- Our bill also ensures appropriate con- ning, flights on time, and commerce ator from Colorado. gressional oversight of these decisions flowing smoothly. I remember Senator Mr. UDALL of Colorado. Madam by requiring the agency heads to sub- COLLINS standing here on the floor, President, I ask unanimous consent mit their spending plans to both the somewhat late at night, appealing to that the Senator from Maine Ms. COL- House and Senate appropriations com- both of our leaders. So Senator COLLINS LINS, and I be permitted to engage in a mittees 5 days before implementing led the way. colloquy for up to 10 minutes. these decisions. These committees and We also moved in the furloughs for The PRESIDING OFFICER. Without their subcommittees know the budgets meat inspectors. If we can deal with objection, it is so ordered. of these agencies inside and out and these small corners of sequestration, f will be able to effectively monitor we can go all in. We have proven we can find consensus. It is time to finish SEQUESTRATION their spending decisions, just as the committees now oversee reprogram- that job. Mr. UDALL of Colorado. Madam ming requests. I want to turn back to my colleague President, Senator COLLINS and I are Congress has already demonstrated for any final thoughts she might have here today to underscore the timeli- that providing flexibility to Federal to make about our bill and the impor- ness of a bipartisan solution we have agencies in a commonsense way to ad- tance of this effort we have underway. been pushing since March. While I dress the unprecedented problems Ms. COLLINS. I want to thank my firmly believe we should replace the se- caused by sequestration makes a great good friend and colleague. It wouldn’t quester with a balanced and com- deal of sense. Recently Congress passed have happened without his support. We prehensive plan that delivers the same a bill we authored that gave the De- took a bipartisan approach, and that is deficit-reducing punch, it appears to partment of Transportation the flexi- the kind of approach we are taking me, and to all of us, the sequester is bility to end the furloughs of air traffic today in urging our colleagues to look here to stay for at least the remainder controllers and to, instead, reduce at our bill and our leaders to move it. of the fiscal year ending September 30 spending by transferring unused bal- Many agencies face the same chal- of this year. ances from a grant program. That is lenges that were encountered by the We need deficit reduction, but the the kind of decisionmaking flexibility FAA, and many agencies know of bet- way in which we are doing it under the we are talking about. In this case the ter ways to meet the sequestration tar- sequester is terrible policy and it is furloughs were causing terrible flight gets. I have long believed these across- time to fix it. Just after the fiscal year delays and had the potential to truly the-board cuts where we don’t 2013 sequester was triggered, with Sen- harm the economies of Maine, Colo- prioritize simply do not make sense. ator COLLINS’ leadership, she and I in- rado, and countless other States that Last week, the Department of De- troduced a commonsense plan that count on tourists visiting our amazing fense announced that because the Navy would empower Federal departments scenery, sampling our extraordinary was able to identify cost-effective ways and agencies to replace the indiscrimi- food, and being with our great people. to meet its budget targets, thousands nate cuts of sequestration with more Had we not come together to pass this of hardworking men and women at our strategic cuts. bill, the impacts could have been dev- Nation’s naval shipyards, such as the One only has to look at the way in astating to Maine and to Colorado Portsmouth Naval Shipyard in Kittery, which sequestration has endangered businesses and their employees. ME, would not have to be furloughed. I critical programs for working families, In Maine it would have affected ev- had long argued the Department of De- our senior citizens, and the middle eryone from our wait staff and our inn- fense has the flexibility to minimize

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.013 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3711 the furloughs because we gave them need to create more certainty and need military action in legitimate self-de- that authority as part of the con- to budget in a wiser, smarter way. fense against Iran’s nuclear weapons tinuing resolution. I thank the Senator from Maine for program, the United States Govern- I would be remiss if I did not note, her leadership. I value our partnership, ment should stand with Israel and pro- however, my disappointment that some and I know we are going to see this to vide, in accordance with United States of the workers at the shipyard, and a successful conclusion. law and the constitutional responsi- others, such as those in the National Ms. COLLINS. Madam President, bility of Congress to authorize the use Guard and at other facilities, such as could the Presiding Officer inform me of military force, diplomatic, military, the Defense Accounting Services Cen- of whether there is an order to proceed and economic support to the Govern- ter in Limestone, ME, still face fur- right now or whether there is some ad- ment of Israel in its defense of its terri- loughs. ditional time for morning business. tory, people, and existence.’’ There are other important programs The PRESIDING OFFICER. There is I look forward to continuing to work as well. Biomedical researchers and 4 minutes remaining for the majority with my colleagues in the United school superintendents are also in a in morning business. States Senate as well as with President quandary of having little or no flexi- Mr. UDALL of Colorado. I ask unani- Obama to close the loopholes in cur- bility to implement the sequestration mous consent the Senator from Maine rent sanctions legislation and to en- targets. be recognized for 4 minutes. sure that the cooperation that has ex- Instead of enacting piecemeal fixes— The PRESIDING OFFICER. Without isted between the United States and whether it is the FAA or it is the meat objection, it is so ordered. the State of Israel for over 60 years re- inspectors—our bill would empower ad- f mains steadfast and unshakeable. ministrators to head off this problem IRAN The PRESIDING OFFICER. The Sen- ator from Wisconsin is recognized. and avoid indiscriminate spending Ms. COLLINS. Madam President, I cuts. We can mitigate the harmful ef- Ms. BALDWIN. Madam President, I understand that Senator BALDWIN is on ask unanimous consent to speak in fects of sequestration, protect jobs, and her way to make her maiden speech, avoid mindless spending cuts while morning business for as much time as I and I promise I will stop talking the may consume. tackling the very real problem of ex- moment she enters the Chamber. I cessive and unnecessary spending by The PRESIDING OFFICER. Without thank my colleague from Colorado. objection, it is so ordered. simply allowing managers to distin- Later today, the Senate will vote on f guish between vital programs, to be a resolution that has been introduced creative, and to cut those that are of by Senators MENENDEZ and GRAHAM. I MOVING FORWARD lesser importance. am pleased to join my Senate col- Ms. BALDWIN. Madam President, as I know my colleague from Colorado leagues in cosponsoring this resolution, I make my first remarks on the Senate would agree that no business facing the which reaffirms our commitment to a floor, I have the honor of occupying the need to cut expenses would ever treat strong U.S.-Israeli relationship and to same Senate seat, and in fact occu- every program and function and service preventing Iran from becoming a nu- pying the very Senate desk, once used of that business as if they were of equal clear power. by Senator Robert M. LaFollette, Sr. worth. Instead, the business managers At this time in our history, it is more ‘‘Fighting Bob LaFollette,’’ as he was and executives and employees would important than ever that we dem- known, was a Republican Senator from evaluate all the programs and set pri- onstrate a firm commitment to our al- Wisconsin a century ago who is cred- orities. That is all we are asking. lies—even if the neighborhood they are ited as the founder of the Progressive I thank the Senator from Colorado, in looks more like a tinderbox than it Party and progressive movement in my good friend Senator UDALL, for his has in decades. This resolution reaf- this Nation. I admire Fighting Bob’s strong partnership on our effort to pro- firms that the United States will be a legacy in many ways. But I wish to as- tect the jobs of hard-working Ameri- reliable friend and a determined ally, sure my colleagues who are present in cans, prevent arbitrary spending cuts, even in dangerous times—indeed, espe- the Chamber at this moment that I yet deal with an unsustainable $16.8 cially in dangerous times. will not emulate his maiden speech, trillion debt. We know our approach We are at a critical juncture in our which went on for 3 successive days. would go a long way toward allowing efforts to prevent Iran from obtaining Bob LaFollette ran for this office be- priorities to be set. After all, if we are a nuclear weapons capability. During cause he was concerned that while cor- not going to set priorities, to make the my time in the Senate, I have repeat- porate interests were being well served tough decisions and distinguish among edly supported legislation imposes in Washington, ordinary people weren’t absolutely vital programs and those sanctions on Iran and puts pressure on even being heard. He traveled all that could be cut or eliminated, then the regime to change course. I worked around the State of Wisconsin, lit- we might as well go home and just with my good friend former-Senator erally speaking from makeshift stages have a computer apply a formula to the Lieberman to pass legislation which of soap boxes and hay wagons at coun- budget. ensures that organizations that inspect ty fairs. His message came to define That is not why we are here and that commercial ships for the U.S. govern- my State’s progressive tradition. The is not what the American people ex- ment are not also providing services to things he talked about in that day still pect. They expect us to exercise judg- governments like Iran that sponsor ring true. ment and make good decisions. terrorism. As I have traveled the State Wiscon- Mr. UDALL of Colorado. Madam This resolution reiterates the signifi- sinites have told me that the powerful President, I believe our time has ex- cance that we place on keeping the full and well-connected seem still to write pired or is beginning to expire, but I force of sanctions on Iran. their own rules while the concerns and wish to underline what Senator COL- In the face of an existential threat to struggles of middle-class families go LINS has said. We are passionate about our country, the American people unnoticed in Washington. They believe this. Some say a passionate problem would expect the U.S. to take action. our economic system is tilted toward solver is an oxymoron or a passionate This resolution says that we will sup- those at the top and that our political moderate is an oxymoron. That is not port Israel’s right to do the same. system exists to protect those unfair the case here. We want to solve this. Let me read the powerful language in advantages instead of making sure ev- We both have private sector experi- the resolution. Congress ‘‘declares that erybody gets a fair shot. ence. This is not how you would run a the United States has a vital national They see Washington happy to let concern in the private sector. We can interest in, and unbreakable commit- Wall Street write their own rules but do this. We have shown we can do this. ment to, ensuring the existence, sur- unable to help students pull themselves Let’s move forward and provide cer- vival, and security of the State of out of debt. They see Washington tainty, not just to the Federal agencies Israel, and reaffirms United States sup- working to protect big tax breaks for but to the people in this country. At a port for Israel’s right to self-defense.’’ powerful corporations but unwilling to time of tough economic challenges Congress ‘‘urges that, if the Govern- protect small manufacturers from get- with a fragile recovery underway, we ment of Israel is compelled to take ting ripped off by China’s cheating.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.014 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3712 CONGRESSIONAL RECORD — SENATE May 22, 2013 They see Washington bouncing from that are simply a factor of our chang- get excited by these opportunities. It is one manufactured fiscal crisis to the ing economy and our changing world. true of Democrats and Republicans next but never addressing the real and But we do not see Wisconsin workers alike because none of us came here just ongoing crisis of our disappearing mid- and business owners wallowing in crisis to audition for cable news or to win our dle class. or looking for someone to blame. Our next election before the bumper stick- The truth is, while we hear a lot State motto is one word, ‘‘Forward.’’ ers from the last one even come off the about the wide distance between Demo- That is the only thing we know. cars. crats and Republicans, the widest and In the short time I have been here, I I have already had the great joy of most important distance in our polit- have made it my mission to fight to working with colleagues from both par- ical system is between the content of make sure Wisconsinites have the tools ties, and I know neither party has a the debate in Washington and the con- and skills they need to succeed in a monopoly on compassion or common cerns of hard-working people in places ‘‘Made in Wisconsin’’ economy that re- sense. There is nothing liberal or con- such as Wisconsin. That distance par- vitalizes our manufacturing sector and servative about wanting to help our allels the large and growing gaps be- rebuilds our prosperity—and this manufacturers compete and win on the tween rich and poor, between rising means respecting our labor. world stage. There is not a Senator in costs and the stagnant incomes, be- It means investing in regional hubs this body whose heart has not broken tween our Nation and our competitors of collaborative research and develop- when listening to a constituent who when it comes to education and inno- ment, supporting the technical colleges cannot seem to get ahead. We cannot vation—and it is truly hurting people. that are working to provide a skilled fix all of those gaps in our economy When my grandparents were raising workforce, and encouraging public and with one bill. Not even ‘‘Fighting Bob’’ me, I learned that if you worked hard private partnerships to revitalize our La Follette could close that divide in and played by the rules, one can get manufacturing sector. But it all relies our political system with one speech. ahead. The Wisconsinites I talked to on the talent of individuals who are I am using this speech, my first here grew up learning that very same thing. working hard to help our communities on the Senate floor, to say that I am They are working as hard as ever to move forward. ready to work hard and work with any- get ahead, but many are finding they Years ago John Miller, a disabled Ma- one to make progress on these chal- are hardly getting by. People are still rine Corps veteran who lives near Mil- lenges and help move this great coun- working for that middle-class dream: a waukee, invented a new kind of motor- try forward. job that pays the bills, health coverage cycle windshield that uses LED lights I yield the floor. Ms. STABENOW. Mr. President, be- they can rely on, a home they can call embedded in acrylic. For years he has fore the Senator from Wisconsin leaves their own, a chance to save for their been working hard to find investors to the floor, I would like to indicate how kid’s college education, and a secure bring his idea to market. He has been thrilled I am to have another Great retirement. But, instead, too many are testing different acrylics, showing off Lakes Senator with us in the Senate. finding that even two jobs are not his work at trade shows, and spending Senator BALDWIN is an invaluable months trying to get approvals from enough to make ends meet, and those member of the Budget Committee. She the Department of Transportation. In- jobs are hard to find and hard to keep. is fighting hard for Wisconsin agri- vestors are lining up at John’s door. They are finding the homes they culture. Now that we are in the middle Harley-Davidson even wanted to buy worked so hard to own are not even of the efforts on the farm bill, I know his patent. But he doesn’t just want to worth what still remains on their she is deeply involved and concerned mortgage. They are finding that the make a profit, he wants to make a dif- about our men and women who provide cost of college is going up, and they are ference. He is holding out until he the food we put on our tables every worried they might never be able to re- knows that everything in his product day. tire comfortably. will be made and manufactured in the We thank the Senator for her leader- That is the biggest gap of all, the gap United States—hopefully by other dis- ship. We are so pleased to have Senator between the economic security Wiscon- abled veterans, who often have a hard BALDWIN in the Senate. sinites worked so hard to achieve and time finding work when they come the economic uncertainty they are home. f asked to settle for. Wisconsin is full of John Millers—or- CONCLUSION OF MORNING If we cannot close that gap, we might dinary people with ingenuity, deter- BUSINESS someday talk about the middle class as mination, and civic spirit to become The PRESIDING OFFICER. Morning something we used to have, not some- not just successful but engines of eco- business is closed. thing each generation can aspire to. We nomic opportunity for their whole f all get it. We all see this happening. communities, committed to the com- While Wisconsinites do not agree about mon good. AGRICULTURE REFORM, FOOD, what we should do, they want to see us I am so proud of all the remarkable AND JOBS ACT of 2013 working together to find a solution, potential I have seen in Wisconsin: the The PRESIDING OFFICER. Under even if it takes some spirited debate. Global Water Center in Milwaukee, the previous order, the Senate will re- But when they look across that which will open this summer as an in- sume consideration of S. 954, which the yawning divide to Washington, they cubator for water technology busi- clerk will report. see us advancing talking points and nesses; the partnership of Johnson Con- The assistant legislative clerk read playing politics instead of putting our trols and UW-Milwaukee for the Inno- as follows: varying experiences and talents to vation Campus research park in A bill (S. 954) to reauthorize agricultural work solving these problems. Wauwatosa; the advances in energy-ef- programs through 2018. But I am optimistic. I did not run for ficiency technology being realized at Pending: the Senate just because I agree with Orion Energy Systems in Manitowoc, Stabenow (for Leahy) amendment No. 998, those complaints. I ran for the Senate WI; the work on sustainable biofuels at to establish a pilot program for gigabit because I think we can do better. I the Great Lakes Bioenergy Research Internet projects in rural areas. know I have a great example to follow Center in Madison; and small business The PRESIDING OFFICER. The Sen- in the people of Wisconsin. These are incubators at technical colleges across ator from Oklahoma. particularly tough times for my State. our State helping to build the dreams AMENDMENT NO. 960 Even as the National economy is re- of entrepreneurs. Mr. INHOFE. Madam President, I ask bounding, businesses in Wisconsin and These stories of innovation and co- unanimous consent to set aside the middle-class families in my State re- operation and these exciting opportuni- pending amendment and call up Senate main stuck in neutral. ties to build an economy made to last amendment No. 960 and ask for its im- The manufacturing sector that sus- are happening all over our country. mediate consideration. tained our prosperity for generations I am going to let people in on a little The PRESIDING OFFICER. Is there has taken a lot of hits—some that secret. We here in the Senate can be in- objection to setting aside the pending could have been prevented and others novative too. We can cooperate. We can amendment?

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.016 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3713 Without objection, it is so ordered. gram and the manner in which each partici- (F) in paragraph (4), as redesignated, by The clerk will report. pating State is implementing the program; striking ‘‘paragraph (4)’’ each place it ap- The assistant legislative clerk read and pears and inserting ‘‘paragraph (2)’’; as follows: (B) not later than June 30, submit to the (G) in paragraph (5), as redesignated— appropriate committees of Congress a report (i) by striking ‘‘paragraph (5)’’ each place The Senator from Oklahoma [Mr. INHOFE], describing— it appears and inserting ‘‘paragraph (3)’’; and for himself and Mr. GRAHAM, proposes an (i) the results of the audit; and (ii) by striking ‘‘paragraph (6)’’ each place amendment numbered 960. (ii) the manner in which the State will it appears and inserting ‘‘paragraph (4)’’; The amendment is as follows: carry out the supplemental nutrition assist- (H) in paragraph (6), as redesignated— (Purpose: To repeal the nutrition entitle- ance program in the State, including eligi- (i) by striking ‘‘paragraph (4)’’ and insert- ment programs and establish a nutrition bility and fraud prevention requirements. ing ‘‘paragraph (2)’’; and assistance block grant program) (e) USE OF FUNDS.— (ii) by striking ‘‘paragraphs (5) and (6)’’ On page 351, between lines 12 and 13, insert (1) IN GENERAL.—A State that receives a and inserting ‘‘paragraphs (3) and (4)’’; the following: grant under this section may use the grant (I) in paragraph (7), as redesignated— PART I—REAUTHORIZATION OF THE SUP- in any manner determined to be appropriate (i) by striking ‘‘paragraph (8)’’ and insert- PLEMENTAL NUTRITION ASSISTANCE by the State to provide nutrition assistance ing ‘‘paragraph (6)’’; and PROGRAM to the legal residents of the State. (ii) by striking ‘‘paragraph (6)’’ each place On page 390, between line 17 and 18, insert (2) AVAILABILITY OF FUNDS.—Grant funds it appears and inserting ‘‘paragraph (4)’’; and the following: made available to a State under this section (J) in paragraph (9), as redesignated, by striking ‘‘paragraph (4)’’ and inserting PART II—NUTRITION ASSISTANCE BLOCK shall— ‘‘paragraph (2)’’. GRANT PROGRAM (A) remain available to the State for a pe- riod of 5 years; and SEC. 4003A. REPEALS. SEC. 4001A. NUTRITION ASSISTANCE BLOCK (a) IN GENERAL.—Effective September 30, GRANT PROGRAM. (B) after that period, shall— 2014, the Food and Nutrition Act of 2008 (7 (a) IN GENERAL.—For each of fiscal years (i) revert to the Federal Government to be U.S.C. 2011 et seq.) is repealed. 2015 through 2022, the Secretary shall estab- deposited in the Treasury and used for Fed- (b) REPEAL OF MANDATORY FUNDING.— lish a nutrition assistance block grant pro- eral budget deficit reduction; or (1) IN GENERAL.—Notwithstanding any gram under which the Secretary shall make (ii) if there is no Federal budget deficit, be used to reduce the Federal debt in such man- other provision of law, effective September annual grants to each participating State 30, 2014, the supplemental nutrition assist- that establishes a nutrition assistance pro- ner as the Secretary of the Treasury con- siders appropriate. ance program established under the Food gram in the State and submits to the Sec- and Nutrition Act of 2008 (7 U.S.C. 2011 et retary annual reports under subsection (d). SEC. 4002A. FUNDING. seq.) (as in effect prior to that date) shall (b) REQUIREMENTS.—As a requirement of cease to be a program funded through direct receiving grants under this section, the Gov- (a) AUTHORIZATION OF APPROPRIATIONS.— spending (as defined in section 250(c) of the ernor of each participating State shall cer- There is authorized to be appropriated to Balanced Budget and Emergency Deficit tify that the State nutrition assistance pro- carry out this part— Control Act of 1985 (2 U.S.C. 900(c)) prior to gram includes— (1) for fiscal year 2015, $45,500,000,000; the amendment made by paragraph (2)). (1) work requirements; (2) for fiscal year 2016, $46,600,000,000; (2) DIRECT SPENDING.—Effective September (2) mandatory drug testing; (3) for fiscal year 2017, $47,800,000,000; 30, 2014, section 250(c)(8) of the Balanced (3) verification of citizenship or proof of (4) for fiscal year 2018, $49,000,000,000; Budget and Emergency Deficit Control Act lawful permanent residency of the United (5) for fiscal year 2019, $50,200,000,000; of 1985 (2 U.S.C. 900(c)(8)) is amended— States; and (6) for fiscal year 2020, $51,500,000,000; (A) in subparagraph (A), by adding ‘‘and’’ (4) limitations on the eligible uses of bene- (7) for fiscal year 2021, $52,800,000,000; and at the end; fits that are at least as restrictive as the (8) for fiscal year 2022, $54,100,000,000. (B) in subparagraph (B), by striking ‘‘; limitations in place for the supplemental nu- (b) ADJUSTMENTS TO DISCRETIONARY SPEND- and’’ at the end and inserting a period; and trition assistance program established under ING LIMITS.— (C) by striking subparagraph (C). the Food and Nutrition Act of 2008 (7 U.S.C. (1) IN GENERAL.—Section 251(c) of the Bal- (3) ENTITLEMENT AUTHORITY.—Effective 2011 et seq.) as of May 31, 2013. anced Budget and Emergency Deficit Control September 30, 2014, section 3(9) of the Con- (c) AMOUNT OF GRANT.—For each fiscal Act of 1985 (2 U.S.C. 901(c)) is amended by year, the Secretary shall make a grant to striking paragraphs (5) through (10) and in- gressional Budget and Impoundment Control each participating State in an amount equal serting the following: Act of 1974 (2 U.S.C. 622(9)) is amended— to the product of— ‘‘(5) with respect to fiscal year 2016, for the (A) by striking ‘‘means—’’ and all that fol- (1) the amount made available under sec- discretionary category, $1,131,500,000,000 in lows through ‘‘the authority to make’’ and tion 4002A for the applicable fiscal year; and new budget authority; inserting ‘‘means the authority to make’’; (2) the proportion that— ‘‘(6) with respect to fiscal year 2017, for the (B) by striking ‘‘; and’’ and inserting a pe- (A) the number of legal residents in the discretionary category, $1,178,800,000,000 in riod; and State whose income does not exceed 100 per- new budget authority; (C) by striking subparagraph (B). (c) RELATIONSHIP TO OTHER LAW.—Any ref- cent of the poverty line (as defined in section ‘‘(7) with respect to fiscal year 2018, for the erence in this Act, an amendment made by 673(2) of the Community Services Block discretionary category, $1,205,000,000,000 in this Act, or any other Act to the supple- Grant Act (42 U.S.C. 9902(2), including any re- new budget authority; mental nutrition assistance program shall be ‘‘(8) with respect to fiscal year 2019, for the vision required by such section)) applicable considered to be a reference to the nutrition discretionary category, $1,232,200,000,000 in to a family of the size involved; bears to assistance block grant program under this new budget authority; (B) the number of such individuals in all part. participating States for the applicable fiscal ‘‘(9) with respect to fiscal year 2020, for the SEC. 4004A. BASELINE. year, based on data for the most recent fiscal discretionary category, $1,259,500,000,000 in Notwithstanding section 257 of the Bal- year for which data is available. new budget authority; and anced Budget and Emergency Deficit Control (d) ANNUAL REPORT REQUIREMENTS.— ‘‘(10) with respect to fiscal year 2021, for Act of 1985 (2 U.S.C. 907), the baseline shall (1) IN GENERAL.—Not later than January 1 the discretionary category, $1,286,800,000,000 assume that, on and after September 30, 2014, of each year, each State that receives a in new budget authority.’’. no benefits shall be provided under the sup- grant under this section shall submit to the (2) TECHNICAL AND CONFORMING AMEND- plemental nutrition assistance program es- Secretary a report that shall include, for the MENTS.—Section 251A of the Balanced Budget tablished under the Food and Nutrition Act year covered by the report— and Emergency Deficit Control Act of 1985 (2 of 2008 (7 U.S.C. 2011 et seq.) (as in effect (A) a description of the structure and de- U.S.C. 901A) is amended— prior to that date). sign of the nutrition assistance program of (A) by striking the matter preceding para- the State, including the manner in which graph (1) and inserting the following: ‘‘Dis- Ms. STABENOW. Madam President, I residents of the State qualify for the pro- cretionary appropriations and direct spend- say to my distinguished colleague from gram; ing accounts shall be reduced in accordance Oklahoma, if I might ask, before he (B) the cost the State incurs to administer with this section as follows:’’; proceeds on his amendment, if I could the program; (B) by striking paragraphs (1) and (2); enter a unanimous consent about the (C) whether the State has established a (C) by redesignating paragraphs (3) vote. rainy day fund for the nutrition assistance through (11) as paragraphs (1) through (9), re- Mr. INHOFE. I have no objection. program of the State; and spectively; The PRESIDING OFFICER. The Sen- (D) general statistics about participation (D) in paragraph (2), as redesignated, by in the nutrition assistance program. striking ‘‘paragraph (3)’’ and inserting ator from Michigan. (2) AUDIT.—Each year, the Comptroller ‘‘paragraph (1)’’; Ms. STABENOW. Madam President, I General of the United States shall— (E) in paragraph (3), as redesignated, by ask unanimous consent that at 12 noon (A) conduct an audit on the effectiveness of striking ‘‘paragraph (4)’’ each place it ap- today, the Senate proceed to vote in re- the nutritional assistance block grant pro- pears and inserting ‘‘paragraph (2)’’; lation to the Inhofe amendment No.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.017 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3714 CONGRESSIONAL RECORD — SENATE May 22, 2013 960; that the time until noon be equally So over the same time period in the I feel very strongly about this. This divided between Senators INHOFE and last 4 years, this has grown. It has in- is one of those issues people are talking STABENOW or their designees; further, creased by 100 percent. The cost has about all over the country. I know that no second-degree amendment be in gone from $37 billion to $75 billion. when my wife comes back and she order to the amendment prior to the That is a 100-percent increase in one talks about how people who are per- vote. program. fectly capable of working are buying The PRESIDING OFFICER. Is there Enrollment in the program has even items such as beer, among other objection? increased as the employment rate has things, with their food stamps—this is Without objection, it is so ordered. declined. In 2010, when the average un- something that offends Democrats, Re- Mr. INHOFE. I thank the gentlelady. employment rate was 9.6 percent across publicans, liberals, and conservatives We will be prepared to vote on the the country, enrollment was 40.3 mil- alike throughout America. amendment at noon today. lion people or families. In 2012, when That amendment is going to come up I find it kind of interesting that the unemployment rate was 8 percent, at noon, 15 minutes from now, and I en- when I go back to Oklahoma—I know which is 1.5 percent lower than it was courage my colleagues to vote for this this is offensive to some people—I am in 2010, enrollment had increased to 46 amendment and turn the farm bill into back where normal people are. I was million people. Unfortunately, as the a farm bill instead of a charity bill. giving a speech, I say to the gentlelady farm bill is written, it only makes a 4- If no one else wants to speak, I would who is managing this bill. Ironically, it percent cut in the program over 10 like to make one comment about what was Duncan, OK, where they had the years, which is a cut of less than 0.5 happened in Oklahoma. first hydraulic fracturing in 1949. I was percent. I think those who say: Wait a I came back yesterday from my State there talking to them, and this was minute, we are cutting that program— of Oklahoma. We have all seen on the Democrats and Republicans. When they when it is cut by 0.5 percent, that is media the disaster and the heart- asked about the farm bill, I said: What not really a cut. wrenching things happening in Moore, farm bill, because 80 percent of the The amendment is very straight- OK. I remember so well that 14 years farm bill is not a farm bill, it is a wel- forward and very simple. It converts ago, in 1999, another tornado came fare bill. We are talking about the food the program into a block grant so that through. If we look at it, it was on the stamp program. same path as this tornado which came This is a shocker to people. They the States will have all the authority through 2 days ago, and it was just don’t understand this. Why would they they need to ensure the program pre- about the same devastation. I stood call this a farm bill if 80 percent of it vents the impoverished from going is talking about the food stamp pro- hungry. The funding provided is suffi- there and recalled what I saw in 1999. It gram? It is now at $800 billion over 10 cient to provide benefits to the same breaks my heart when we see these years. In the first 5 years, enrollment number of participants as were en- people. They were trying to match in the food stamp program has grown rolled in the mid-2000s. Money would be missing parents with missing kids. by 70 percent. It has gone from 28 mil- divided among the States proportion- Think about that. We had two schools. When we looked lion families to 47 million families, and ately based on the number of individ- that is almost doubling in a period of 4 uals who are living below the Federal at the rubbish, we felt that all the kids years. I don’t say this critically. There poverty line. It would have to be fair. could have been killed in there. It was are some people who are very liberal It is not going to go according to popu- hard to imagine that anyone could and feel government should have a lation, it is not going to go according have survived. Yet some did survive. The early reports of the deaths were greater involvement in our lives, and to size or wealth, but to those who are a lot higher, and the deaths are very certainly that is what this system is living below the poverty line. all about. We sort of weigh these things The new program would give States important, but that is not the only and see. I cannot think of anyone who the ability to keep the money they re- thing. There are people in the hospitals could rationally say that this program ceived for 5 years so they can build right now who are trying—one of the of food stamps could justify being in- flexibility into their programs which hospitals had to evacuate every bed in creased by 100 percent in a period of 4 will allow their programs to shrink and that hospital when they saw it coming, years. grow as the economy changes. After 5 and it is a miracle that not one per- It reminds me of a time many years years, any unused money would return son—not one of the people who was in ago when most of us had gone through to the Treasury for deficit reduction. that hospital—was killed. No one can elementary school. At that time we While the amendment is careful to understand how that could have hap- heard about Alexis De Tocquevile, a give States maximum control over the pened. guy who came to this country. He design and implementation of their We watched this going on and we saw looked at the wealth of America, and own programs—which is what we want parents—I have 20 kids and grandkids in the last paragraph of the last chap- to happen—it does require them to in- and I can’t imagine what it would be ter of his book, he says: Once the peo- clude work requirements, mandatory like to go through something like that. ple of this country finally vote them- drug testing, and verification of citi- I have to say the Federal Government, selves money out of the public trust, zenship prior to qualifying anyone to the State government, the county gov- the system will fail. What he talked participate in the program. ernment, the city of Oklahoma City, about there is that it gets to the point If we go out in the street in any of the city of Moore, and all the private where 50 percent of the people are on the towns of any of the States in this sector have joined in together. I have the receiving end of government. I country and ask people if it is unrea- never seen any effort, including the know we all remember that, and maybe sonable to require people to have work 1999 effort, that drew people together a lot of people think that times have requirements—certainly the last time the way this has. We have seen compa- changed, but we have to stop some- when President Clinton was in office, nies represented by people who are where. we enacted some major reforms that builders and developers who have I think this amendment is the most included work requirements, and most heavy equipment and trucks and things important amendment on the farm bill of the Democrats were very supportive such as that and they are donating because it actually turns this into a of that. Certainly people should not be them to this cause to help these people. farm bill. I would think that people concerned about mandatory drug test- I want everyone to pray for these who are as concerned with agriculture ing and verification of citizenship. The people, for the families, and for us to as I am—my State of Oklahoma is a big citizenship issue is something we hear pull together and make this thing sur- agriculture State, and I am very con- quite often. Further, States would not vivable. I know Oklahoma is in the tor- cerned about agriculture. I cannot find be allowed to authorize users to pur- nado belt. Everybody reminds me of anyone in my State who says this chase alcohol, tobacco, dog food, and that all the time, and it is true. I re- should be part of a program that would items like that. member being closely involved, either be a charity bill and could be voted on In total, I expect this amendment to at the time of or right after, in almost on its own merits and not thrown in save some $300 billion over 10 years rel- every tornado in the last 25 or 30 years. with the farm bill. ative to the current funding baseline. A little town called Picher, OK, had a

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.018 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3715 tiny tornado, but it wiped out every- I thank the Senator from Michigan don’t care how many families have a thing. That is the thing that is char- for her thoughts. problem, we don’t care what happens; acteristic about tornadoes: No one sur- Ms. STABENOW. I thank the Senator we don’t care what happens because of vived, with one exception. They are from Oklahoma. weather that wipes out a business and now talking about accelerating the Madam President, I rise in opposition suddenly folks who have worked hard number of safe rooms and tornado shel- to the amendment. I appreciate the all of their lives find they need some ters. concerns raised by the Senator, but I help they never thought they would This is a program that started in rise in strong opposition to block need. This would arbitrarily cap at just 1999, and I can’t tell my colleagues—we granting and cutting the food assist- over half the current levels needed to are trying to evaluate right now how ance program called SNAP, the Supple- maintain the current help. It would many more people in Oklahoma are mental Nutrition Assistance Program, mean absolutely devastating results alive today because they were taking for our country. for millions of families who are trying advantage of that program and I am I have always viewed, as chair of the to feed their children. sure many more will as well. Agriculture Committee, two programs If we consider the fact that about 47 I know others wish to speak on this very similarly. The first is crop insur- percent of those who get help right now bill, but I want to say that we in Okla- ance, which is there when there is a are children—almost half of the food homa appreciate the love and the help disaster for a farmer. The second one is help in this country is for children— on all government levels as well as the SNAP or the Supplemental Food As- and then we add to that another 17 per- private sector levels and ask sincerely sistance Program, which is there when cent for senior citizens and the dis- for the prayers of everyone within ear- there is a disaster for a family. They abled, and we put that together, we shot. both go up when the disasters go up, find this amendment would be insuffi- I yield the floor. and they go down when things get bet- cient to even cover those individuals, The PRESIDING OFFICER. The Sen- ter. So when we have droughts, when let alone the other 37 percent of men ator from Michigan. we have what has been happening to and women who get help right now. Un- Ms. STABENOW. Madam President, our farmers over the last year and be- fortunately, block granting this pro- before speaking on the amendment, I fore, we see costs go up for crop insur- gram would not only—and capping it wish to share—and I know everyone in ance. We don’t cap that arbitrarily say- and cutting it—would not only hurt the Senate wishes to share—their ing, We don’t like these droughts, we families who are counting on us for thoughts and prayers with the people don’t like these breezes, we don’t like temporary help but it would create a of Oklahoma. all this stuff, so even though it is real situation where we couldn’t respond As the distinguished Senator from important to the farmers, we are going during an economic recession as we can Oklahoma knows, I have a strong con- to cap how much we will help them. right now. nection with Oklahoma. My mom grew The crop insurance is there. Again, crop insurance means we re- up on a farm picking cotton in Okla- The same thing is true for a family. spond. When there is a disaster, costs homa, and we have talked before about It wasn’t that long ago—in fact, the be- and spending go up. I support that. But my grandparents, until they passed ginning of 2009—when we in Michigan in this area, if we are capping and away, being there. It was a wonderful had the highest unemployment rate in block granting and sending it back to trip for my family to go to Ponca City, the country. I believe it hit 15.7 percent the States, there would be no ability to OK, in later years to my grandparents unemployment at that time. We had an be able to do that. to visit every summer. I will never for- awful lot of people at that time—and The other thing that I think is abso- get that in the backyard my grand- many who have continued although lutely true for many of our States—and parents had a tornado shelter, basi- things are getting a lot better—who certainly, unfortunately, I regret to cally. It was on a little mound of dirt. have paid taxes all of their lives; never say, in my own State right now; it is a We opened the door and it was just like thought in their wildest dreams they fact—is that by block granting and not Dorothy and the Wizard of Oz, opening would ever need help putting food on requiring that the dollars be used for the door and going down into the cel- the table for their families, but they food assistance for families, there is no lar. A couple of times in the middle of did. It was temporary. The average guarantee it will go to food assistance. the night we had to get up and go use length of time someone needs help is 10 None. When we look at the pressures the cellar, and I know how frightening months. But I consider that to be a on budgets and other areas for critical it was for me as a child to experience point of pride for our country, that we needs or things people feel are impor- that. have a value system which says we are tant, we have absolutely no guarantee that this would go to food for families. I know the storms have gotten more going to make sure when families are We have a very efficient program and more intense with more and more hit with hard times through no fault of right now. It has one of the best error devastation. We all hope for the very their own, they are not going to starve; rates of any Federal program right best in the recovery for all the families they are going to be able to put food on now—maybe the lowest—and we are involved. the table for their children. I think able to efficiently support families and Mr. INHOFE. Madam President, if I that is the best about us. do it in a way that guarantees they ac- could quickly respond, I recall the Sen- Now that things are getting better tually get the nutritious food they ator from Michigan speaking about her and the unemployment rate is coming need. family background in Oklahoma. The down, the cost of these programs is I am deeply concerned about the only thing I disagree with is we have coming down. Our farm bill shows a cut amendment. I do not support it. I think always had these. Statistics show they in spending not because we have de- it takes us in exactly the wrong direc- are not any more intense; they are not cided we are only going to help some tion as a country. It leaves a whole lot showing that they are getting more in- people and not other people—some of families high and dry in an economic tense, and worse, they are just bad. The children, not other children—but be- disaster, or any kind of disaster that storm shelters the Senator from Michi- cause people are going back to work. could occur for them. At their most gan is speaking about, you drive They didn’t need the help anymore, so vulnerable point, when they are trying through Oklahoma in the rural areas, we are seeing those lines go down. By to figure out what to do to get back on everybody has them. We have dug the way, as crop insurance goes up be- their feet, we create a situation where them, because we have been using them cause disasters and weather events they don’t even have enough food for for many years. have gone up, we are seeing family dis- their families to be able to feed them The major difference here is in the asters going down, which is where we during their economic crisis. major cities; they don’t have them as want it to go. I strongly urge colleagues to vote no we do. I would say 95 percent of people Unfortunately, this amendment on the amendment. in the rural areas have them, but in would cap the amount of help we would Mr. INHOFE. Madam President, the city, maybe half of 1 percent, so give on supplemental nutrition. It would the Senator yield for a question? that will be getting some attention would cap it for 2014 at just over half of Ms. STABENOW. I would be happy from us. the current levels, so we would say we to.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.019 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3716 CONGRESSIONAL RECORD — SENATE May 22, 2013 Mr. INHOFE. In listening to the com- tor, and the good news is that manu- The bill clerk proceeded to call the ments of the Senator from Michigan in facturing is coming back and agri- roll. opposition to this amendment, this oc- culture is strong and moving forward. Ms. STABENOW. I ask unanimous curred to me: Does the Senator from So in my judgment, yes, I find it very consent that the order for the quorum Michigan see that there is anything concerning that more people needed call be rescinded. wrong with the fact that this program help putting food on their table. The The PRESIDING OFFICER. Without has increased by 100 percent in the last good news is that less of them are objection, it is so ordered. 4 years? And, secondly, does the Sen- going to in the next decade, and that is AMENDMENTS NOS. 992 AND 1056 ator from Michigan see nothing objec- because people are going to be getting Ms. STABENOW. I ask unanimous tionable about projecting this for an- back to work. consent that the following amend- other 4 years to be another 100-percent I believe our time has expired. I don’t ments be considered and agreed to: increase in costs? know if we have others who wish to Franken amendment No. 992 and Vitter Ms. STABENOW. First, to my friend speak at this point. amendment No. 1056. from Oklahoma, I would say the budget Madam President, I ask for the yeas The PRESIDING OFFICER. Without office has indicated it will not only not and nays on the amendment. objection, it is so ordered. The amendments were agreed to, as go up another 100 percent, it is going The PRESIDING OFFICER. Is there a follows: down. So they have projected about an sufficient second? $11.5 billion reduction which we have There appears to be a sufficient sec- AMENDMENT NO. 992 put into our farm bill. It is going down ond. (Purpose: To provide access to grocery deliv- The question is on agreeing to the ery for homebound seniors and individuals because the economy is getting better. with disabilities eligible for supplemental We know that with food assistance, amendment. The clerk will call the roll. nutrition assistance benefits) as the unemployment rate goes up, one On page 351, between lines 12 and 13, insert of the lagging indicators, the things The bill clerk called the roll. Mr. DURBIN. I announce that the the following: that aren’t affected as quickly in com- SEC. 4001. ACCESS TO GROCERY DELIVERY FOR ing down, is food assistance for fami- Senator from New Jersey (Mr. LAUTEN- HOMEBOUND SENIORS AND INDIVID- lies. So it is now coming down. In my BERG), the Senator from New Jersey UALS WITH DISABILITIES ELIGIBLE (Mr. MENENDEZ), the Senator from FOR SUPPLEMENTAL NUTRITION AS- judgment, it is coming down the way it SISTANCE BENEFITS. Washington (Mrs. MURRAY), and the should come down, which is the fact (a) IN GENERAL.—Section 3(p) of the Food that people are going back to work; Senator from West Virginia (Mr. and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is that is why it is coming down. ROCKEFELLER) are necessarily absent. amended— Again, to arbitrarily cap something The PRESIDING OFFICER (Ms. (1) in paragraph (3), by striking ‘‘and’’ at as basic as food going on the table for BALDWIN). Are there any other Sen- the end; a family is something that I, with all ators in the Chamber desiring to vote? (2) in paragraph (4), by striking the period at the end and inserting ‘‘; and’’; and due respect, can’t support. The result was announced—yeas 36, nays 60, as follows: (3) by inserting after paragraph (4) the fol- Mr. INHOFE. Madam President, if I lowing: [Rollcall Vote No. 132 Leg.] may ask my colleague one last ques- ‘‘(5) a public or private nonprofit food pur- tion. The Senator from Michigan be- YEAS—36 chasing and delivery service that— lieves it is going to be going down, but Alexander Fischer McConnell ‘‘(A) purchases food for, and delivers the it did not go down when the unemploy- Ayotte Flake Moran food to, individuals who are— Barrasso Graham Paul ‘‘(i) unable to shop for food; and ment rate went down between the 2 Blunt Grassley Risch ‘‘(ii)(I) not less than 60 years of age; or years of 2010 and 2011. What would be Boozman Hatch Rubio ‘‘(II) individuals with disabilities; different about this time? Burr Heller Scott Coats Inhofe Sessions ‘‘(B) clearly notifies the participating Ms. STABENOW. Here is what we are Coburn Johanns Shelby household at the time the household places a finding—and it is not my belief, it is Cornyn Johnson (WI) Thune food order— the CBO scoring. The Congressional Crapo Kirk Toomey ‘‘(i) of any delivery fee associated with the Budget Office, which we rely on, pro- Cruz Lee Vitter food purchase and delivery provided to the Enzi McCain Wicker vides objective scoring—not my judg- household by the service; and ment—and it is telling us it is going NAYS—60 ‘‘(ii) that a delivery fee cannot be paid down. The Senator is correct that it is Baldwin Franken Murkowski with benefits provided under the supple- slow to go down. As unemployment Baucus Gillibrand Murphy mental nutrition assistance program; and Begich Hagan Nelson ‘‘(C) sells food purchased for the household goes down, it takes a little longer be- Bennet Harkin Portman at the price paid by the service for the food fore food help goes down, because we Blumenthal Heinrich Pryor without any additional cost markup.’’. provide some help to people as they are Boxer Heitkamp Reed (b) ISSUANCE OF REGULATIONS.—Not later Brown Hirono Reid than 1 year after the date of enactment of getting back to work even if they are Cantwell Hoeven Roberts not at full speed back to work. So it Cardin Isakson Sanders this Act, the Secretary shall issue regula- does go down more slowly, but they Carper Johnson (SD) Schatz tions that— (1) establish criteria to identify a food pur- have adjusted it over the next 10 years Casey Kaine Schumer Chambliss King Shaheen chasing and delivery service described in sec- showing that, in fact, the spending on Cochran Klobuchar Stabenow tion 3(p)(5) of the Food and Nutrition Act of food assistance is going down because Collins Landrieu Tester 2008 (as added by subsection (a)(3)); and the economy is getting better. That Coons Leahy Udall (CO) (2) establish procedures to ensure that the Corker Levin Udall (NM) comes from the CBO and is built into Cowan Manchin Warner service— the dollars we have in the bill. Donnelly McCaskill Warren (A) does not charge more for a food item Mr. INHOFE. One last question. Even Durbin Merkley Whitehouse than the price paid by the service for the though I disagree with the answer of Feinstein Mikulski Wyden food item; the Senator from Michigan for the sec- NOT VOTING—4 (B) offers food delivery service at no or low cost to households under that Act; ond question, the first question is Lautenberg Murray (C) ensures that benefits provided under whether the Senator from Michigan Menendez Rockefeller the supplemental nutrition assistance pro- finds it objectionable that it increased The amendment (No. 960) was re- gram are used only to purchase food, as de- by 100 percent over the past 4 years jected. fined in section 3 of that Act (7 U.S.C. 2012); from 2010? Mr. REID. I move to reconsider the (D) limits the purchase of food, and the de- Ms. STABENOW. What I find objec- vote and to lay that motion on the livery of the food, to households eligible to tionable is so many people lost their table. receive services described in section 3(p)(5) of jobs. The reason it went up is because The motion to lay on the table was that Act (as added by subsection (a)(3)); (E) has established adequate safeguards people were out of work. So I find that agreed to. against fraudulent activities, including un- objectionable because a lot of those Ms. KLOBUCHAR. I suggest the ab- authorized use of electronic benefit cards folks were in my State. sence of a quorum. issued under that Act; and I have worked very hard to do every- The PRESIDING OFFICER. The (F) such other requirements as the Sec- thing I can to support the private sec- clerk will call the roll. retary considers appropriate.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.020 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3717 (c) LIMITATION.—Before the issuance of reg- meaningful conference about this budg- the way this budget is constructed. ulations under subsection (b), the Secretary et with the House. This issue of the debt limit is an ex- may not approve more than 20 food pur- Good news. We are seeing some re- traordinary measure. That is why I chasing and delivery services described in cent examples of normal compromise would ask the Senator from Virginia to section 3(p)(5) of the Food and Nutrition Act of 2008 (as added by subsection (a)(3)) to par- in this body that I think is worthy of modify his request. ticipate as retail food stores under the sup- some attention: the appropriations bill The PRESIDING OFFICER. Does the plemental nutrition assistance program. we passed through a regular order proc- Senator still modify his request? (d) EFFECTIVE DATE.—This section and the ess for the remainder of 2013 in March; Mr. KAINE. I do not agree to the amendments made by this section take ef- the marketplace fairness bill we modification because I think that fect on the date that is 30 days after the date passed, the problem that had been would be modifying the budget that of the enactment of this Act. searching for a solution for 15 to 20 was passed by this body on March 23. AMENDMENT NO. 1056 years; the WRDA bill we passed last The PRESIDING OFFICER. Objec- (Purpose: To end food stamp eligibility for week; and the debates we are having tion is heard. convicted violent rapists, pedophiles, and about the farm bill today. All have in- Is there objection to the original re- murderers) volved significant open processes in a quest? At the end of subtitle A of title IV, insert committee, significant open processes Mr. RUBIO. Madam President, I ob- the following: on the Senate floor. The Senate action ject. SEC. 4019. ELIGIBILITY DISQUALIFICATIONS FOR then moves in a regular order action The PRESIDING OFFICER. Objec- CERTAIN CONVICTED FELONS. into discussion with the House. tion is heard. Section 6 of the Food and Nutrition Act of The Senator from Arizona. 2008 (7 U.S.C. 2015) (as amended by section I think it is up to this body to show Mr. MCCAIN. Madam President, I rise 4004) is amended by adding at the end the fol- the public we don’t just embrace reg- lowing: ular order and normal processes on again in regret. The normal regular ‘‘(s) DISQUALIFICATION FOR CERTAIN CON- these important issues, but that we order of this body after both sides of VICTED FELONS.— also embrace them on something as the Capitol have agreed on a budget is ‘‘(1) IN GENERAL.—An individual shall not critically important as the Federal to meet and that we have a proper be eligible for benefits under this Act if the budget. process to instruct conferees to have a individual is convicted of— For that reason, I would ask unani- budget. A motion to appoint conferees ‘‘(A) aggravated sexual abuse under section mous consent that the Senate proceed to be bound by a requirement, no mat- 2241 of title 18, United States Code; ter how worthy it is, is not the way the ‘‘(B) murder under section 1111 of title 18, to the consideration of Calendar No. 33, United States Code; H. Con. Res. 25; that the amendment regular order functions in this body, ‘‘(C) an offense under chapter 110 of title which is at the desk, the text of S. Con. and that is a fact. 18, United States Code; Res. 8, the budget resolution passed by For 4 years I sat here and beat up on ‘‘(D) a Federal or State offense involving the Senate, be inserted in lieu thereof; the majority leader for his failure to sexual assault, as defined in 40002(a) of the that H. Con. Res. 25, as amended, be bring a budget to the floor of this Sen- Violence Against Women Act of 1994 (42 agreed to, the motion to reconsider be ate. We brought a budget to the floor. U.S.C. 13925(a)); or considered made and laid upon the We spent many hours on all kinds of ‘‘(E) an offense under State law determined amendments, and now we can’t go to by the Attorney General to be substantially table; that the Senate insist on its similar to an offense described in subpara- amendment, request a conference with conference unless we agree not to raise graph (A), (B), or (C). the House on the disagreeing votes of the debt limit. ‘‘(2) EFFECTS ON ASSISTANCE AND BENEFITS the two Houses, and that the Chair be Does my colleague from Florida be- FOR OTHERS.—The amount of benefits other- authorized to appoint conferees on the lieve the House of Representatives, wise required to be provided to an eligible part of the Senate; that following the dominated by Republicans, is going to household under this Act shall be determined authorization, two motions to instruct raise the debt limit? Does my colleague by considering the individual to whom para- conferees be in order: motion to in- from Florida believe any conferees who graph (1) applies not to be a member of such are appointed, where we have to place household, except that the income and re- struct relative to the debt limit and sources of the individual shall be considered motion to instruct relative to taxes/ certain restrictions on those conferees, to be income and resources of the household. revenue; that there be 2 hours of debate that would apply to the other body as ‘‘(3) ENFORCEMENT.—Each State shall re- equally divided between the two lead- well? I don’t think so. quire each individual applying for benefits ers or their designees prior to votes in I don’t think that is the way this under this Act, during the application proc- relation to those motions; further, that body is supposed to function. We are in ess, to state, in writing, whether the indi- no amendments be in order to either of a gridlock. Here we are, 4 years with- vidual, or any member of the household of the motions prior to the votes; and all out a budget. We finally get a budget, the individual, has been convicted of a crime we stay up all night, and because some- described in paragraph (1).’’. of the above occurring with no inter- vening action or debate. body doesn’t want to raise the debt The PRESIDING OFFICER. The Sen- I make that motion. limit we are not going to go to con- ator from Virginia. The PRESIDING OFFICER. Is there ference. That is not how this body UNANIMOUS CONSENT REQUEST—H. CON. RES. 25 objection by the Senator from Florida? should function. Mr. KAINE. Madam President, I rise Mr. RUBIO. Madam President, re- The American people deserve better. to speak briefly about the Senate budg- serving the right to object, I would ask They deserve a budget. Every family in et. At the close of my comments, I will the Senator from Virginia if he would America has to live on a budget. Here make yet another motion to put the consider adding—I would ask consent we are objecting because there is a con- Senate budget into conference with the that the Senator modify his request cern about raising the debt limit. House. that it not be in order for the Senate to All I can say to my friend from Flor- As we all know, we were here until 5 consider a conference report that in- ida is that the American people don’t a.m. on March 23 to pass the first Sen- cludes reconciliation instructions to like it, and I don’t like it. Most of his ate budget through regular budgetary raise the debt limit. colleagues and the Republicans in this order in 4 years. It was a full, open The reason I make that is as follows: Senate don’t like it that we are block- process both in committee, with nu- First of all, I do respect regular order ing budget conferees from going for- merous amendments, and then on the tremendously. In fact, I want to take ward and doing what conferees are sup- Senate floor, with over 100 amend- this brief opportunity to congratulate posed to do. I would imagine the major- ments voted on and over 70 passed. the Judiciary Committee on the ity leader will continue to raise this It is now past time, many days past lengthy process with regard to the im- motion to move forward. time, for us to begin a budget con- migration bill, which I think will help By the way, it is the regular order to ference process. This will enable the us in the process of having a better have motions to instruct the conferees. Senate to return to normal budgetary product. A motion to instruct the conferees on order, and it is what our voters, both Obviously, also, although we disagree the debt limit should be in order. A Democratic and Republican, in all of with the outcome because of the way it motion to instruct relative to taxes our States expect us to do to have a was constructed, I also disagree with and revenue should be in order. That is

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.003 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3718 CONGRESSIONAL RECORD — SENATE May 22, 2013 the regular order to do it. It is not the I think I share the concern of the ator KAINE makes this unanimous con- regular order to demand certain condi- Senator from Florida about the debt sent request to go to a conference com- tions on the conferees. We instruct the and the deficit. I will match my record mittee, he is asking for the regular conferees. against anybody’s as far as trying to order of business around here. The conferees are appointed by both eliminate the debt and the deficit, in- Mr. CRUZ. Will the Senator yield for the majority and Republican leader, cluding that of the Senator from Flor- a question? and we place our confidence in those ida. Mr. MCCAIN. May I ask my friend conferees to reflect the will of the ma- We are about to establish a precedent from Illinois, isn’t that what the reg- jority. that if any conferees are appointed on ular order is, that makes it perfectly I have to say I am disappointed in bills that are passed by the House and applicable, if we instruct the conferees, the Senator from Florida, in his objec- the Senate, that we are free then to which is what we are asking for in this tion and his demand that we do some- put certain restrictions on those con- unanimous consent agreement? thing that is not in the regular order. ferees. If the Senator from Florida be- Mr. DURBIN. Yes. The Senate major- I yield the floor. lieves that is the right way this body ity leader is on the floor, and he has The PRESIDING OFFICER. The Sen- should function, then I would suggest said if there is to be a motion to in- ator from Florida. to him that most people would disagree struct conferees on the debt ceiling, for Mr. RUBIO. Madam President, thank with this kind of violation of the reg- example, then we can have a vote on you. To the Senator from Arizona, for ular order. the floor of the Senate. That is the reg- whom I have great respect, I would The PRESIDING OFFICER. The Sen- ular order. point out two things: The first is in his ator from Illinois. Mr. CRUZ. Will the Senator yield for argument when stating the issue of the Mr. DURBIN. Madam President, I am a question? debt limit is a nonissue. Hence, I don’t Mr. DURBIN. But to condition the reluctant to break up this conversation understand the objection to having lan- granting of the unanimous consent re- among my fellow Republican Senators guage in this motion that says there quest to go to conference on the con- because they seem to be at odds, but I will not be a raising of the debt limit. cern du jour of whichever Senator do want to remind all of the Senators— There should be a discussion of the comes to the floor is unproductive. and I think the Senator from Arizona debt limit in the context of the broader The PRESIDING OFFICER. The Sen- has alluded to this—we were slapped issues this country is facing. As a re- ator from Tennessee. around unmercifully for not passing a sult, I don’t understand why we can’t Mr. DURBIN. Madam President, I Senate budget resolution. just put it in that we are not going to haven’t yielded the floor as yet, and I Mr. MCCAIN. And deservedly so. raise the debt limit. think the Senator from Texas had a I would also further say that I do re- Mr. DURBIN. I expected that. I would question for me. spect this institution tremendously, say to the Senator from Arizona there Mr. CRUZ. I thank my friend from Il- and I do believe in regular order to the were answers, and I thought good an- linois, and I would ask him, if the posi- extent that we are talking about proce- swers, but not good enough. We passed tion he is championing is the regular dure. The problem is that the regular a budget resolution. The Senator was order, then why is it the Democrats are order of Washington has given us a $17 here. It passed by one vote. We stayed asking unanimous consent to set aside trillion debt. In fact, that is one of the until early in the morning hours to get the regular order to go to conference? reasons I ran for the Senate. I would it done. The only reason unanimous consent submit to you, with all due respect to Senator PATTY MURRAY did a master- is needed is because you are endeavor- all of my colleagues who serve here, I ful job in putting this together. Of ing to circumvent the regular order, don’t think we can run up a $17 trillion course, our passing the resolution is and by doing so opening the door for a debt without some bipartisan coopera- only half of the story. The way this is procedural trick to raise the debt ceil- tion. supposed to work is the so-called reg- ing with 50 votes rather than 60. To some extent what I am concerned ular order, if it differs between the Mr. DURBIN. I just checked with the about is the regular order of doing Senate and the House, is we come to- majority leader to make sure my mem- things in this city, where the debt gether in a conference to work out the ory is correct. The Senator from Texas limit has been raised consistently differences. How long have we been try- will learn that when we go to a con- without any conversation about the ing—how many weeks have we been ference committee, we are subjected to fact that this government borrows 40 trying? a possibility of a filibuster. Does that cents out of every dollar it spends. Mr. REID. Sixty-one days. ring a note of familiarity on your side Never in the history of this country Mr. DURBIN. Sixty-one days we have of the aisle? If we are going to face a and of this Republic has a generation been begging the Republicans—we have filibuster and 60 votes, it is not going of leadership robbed a future genera- been begging the Republicans, not all to happen. tion like this generation of leadership of them, to give us an opportunity to What we are trying to do is to estab- has done. go to conference and work out our dif- lish ahead of time we are going to a That is my concern. My concern is ferences, if we can. conference. So if we go through the so- that I do not have trust in Washington, That is the regular order. And each called regular order to go to con- DC. I do not have trust—I don’t care time we have asked, as Senator KAINE ference, we will reach the same im- who is in charge—that we will not of Virginia did this morning, there has passe with the Republicans objecting recklessly, once again, raise the debt been a condition to it: No, you can’t sit and the Republicans potentially raising limit of the greatest country on Earth down to try to work out your dif- the issue of a filibuster. That is why we without any consideration for limiting ferences unless you agree ahead of time are trying for this unanimous consent, the way we spend money in the future to take certain things off the table. which I would think, from the Repub- so that we do not bankrupt this ex- That is not reasonable. It is not rea- lican side, we would have bipartisan traordinary Nation, and the implica- sonable if you are serious about the agreement that we move to a con- tions that could have on our children. deficit, if you are serious about the ference committee. The PRESIDING OFFICER. The Sen- debt of the United States. Mr. CRUZ. Would the Senator yield ator from Arizona. I could dream up a half dozen things. for another question? Mr. MCCAIN. I will yield to the Sen- All right, I won’t allow us to go to con- Mr. DURBIN. I am sorry, I am mis- ator from Tennessee in just 1 second. ference if it in any way is going to taken, and, thankfully, have been cor- The Senator from Florida is saying, touch Social Security benefits. All rected. It is not a filibuster. It would if he has an issue he feels strongly right? I think I would need a lot of sup- call for using the House resolution of 50 about, then that has to be included in port for that, and we wouldn’t go to hours of debate and another vote- any conference that is convened over conference. But at the end of the day, arama to go through the regular order any bill that is passed by the Senate, if we are serious about the deficit, we of things. It is not a filibuster. I stand the House, and goes to conference. are supposed to sit down and work out corrected on that. That is not a precedent I believe should our differences, House and Senate, But the net result of it is to drag out be established in the Senate. Democrats and Republicans. When Sen- as long, if not longer, than the earlier

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.023 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3719 debate on the Senate budget resolu- mains to be seen. But we could have a of the Capitol who are from our party, tion. That is why the unanimous con- motion to instruct the conferees rel- who are fiscal conservatives just as we sent request has been made. ative to the debt ceiling. I think that are, instead of this blocking by what I Mr. CRUZ. Will the Senator yield for has already been discussed. assure my colleagues—all three of an additional question? What I am saying is: Why in the them here—is a minority of the minor- Mr. DURBIN. I am happy to yield. world aren’t we sitting at a table this ity of Republicans in the Senate who Mr. CRUZ. So if I understand cor- day, Democrats and Republicans, do not want to move forward with a rectly, we are agreed now this is not House and Senate, trying to work out budget that we spent so many hours the regular order. The Senate is not our differences? I think most American and so much effort in achieving. Do not following the regular order that would people would ask: Isn’t that why we block it from going forward. have been taking up the House budget sent you to Washington? Yet we run Mr. DURBIN. Madam President, I sa- resolution and voting on that. That is into these objections to unanimous lute the Senator from Arizona for his not what is being pursued here, which consent requests. intuitive, wise analysis of this situa- is why the majority is seeking unani- I yield to the Senator from Arizona tion. I am sorry we still have an objec- mous consent to set aside the rules. for a question. tion from the Republican side of the But let me ask the question, if I Mr. MCCAIN. Isn’t it a little bizarre, aisle to go to a conference committee might—— this whole exercise we are going with Republican House Members domi- Mr. DURBIN. I yielded for a question, through, when some of us are asking to nating that conference on their side. and I will respond. Then you may ask go to conference with a body that is Apparently, they do not have con- another, if you wish. dominated by the Members of our own fidence those House Members can It is the regular order of things to party? We don’t have, apparently, speak for them, but I think it is impor- ask for unanimous consent, and it is enough confidence the majority of the tant we do move to this conference the usual and customary way the Sen- conference appointed by the other side committee as soon as possible. ate works so that we don’t have to re- of the Capitol will be a majority of Re- I yield the floor. peat all over again the debate on the publicans and not Democrats? Isn’t The PRESIDING OFFICER. The Sen- budget resolution to take up the House that a little bizarre? ator from Virginia. version. So it is not unusual. It is the And really, what we are talking Mr. KAINE. Madam President, I rise regular order. about here, I will be very honest with to associate myself briefly with the Mr. CRUZ. I would suggest that my colleague from Illinois, is a minor- comments of both Senators MCCAIN unanimous consent is used to cir- ity within a minority. Because the ma- and DURBIN. This is not primarily cumvent the regular order—— jority of my colleagues in the Senate about the budget. This is not primarily Mr. DURBIN. No. on this side of the aisle, with motions about Senate rules. This is about com- Mr. CRUZ. And in particular the debt to instruct the conferees, want to move promise. In Congress, a bicameral ceiling was not contained in the budg- forward and appoint these conferees body, the Framers established com- et, it was not debated in the budget, it and do what every American family promise was necessary to take action. is not part of the budget, and the only has to do in America and that is to Will we allow processes to go forward question here—we could have gone to have a budget. so we can listen to each other, dialog, conference 60 days ago if the Demo- Mr. DURBIN. I will yield the floor, and find compromise, or will we use crats had simply agreed not to use rec- because others wish to speak, but I will procedural mechanisms to block proc- onciliation as a backdoor trick to raise say that at this point in time we have esses of dialog and compromise even the debt ceiling, which has happened passed a Senate budget resolution. We from starting? three times in the past. So this is not were challenged by the Republicans to The Senate budget is a very different a hypothetical risk. This is, I believe, do it, and we did it. It wasn’t easy. It budget than the House budget. We are the intention of the majority, and it is was a close vote, but we did it. Now we all free to have our preferred option. why we are objecting to raising the want to move to the next logical step But the way we get to a final budget is debt ceiling—to issuing an unlimited and sit down with the House, resolve to have Senate and House conferees sit credit card—and digging the hole deep- our differences and move on so we can down together, in what no doubt will er without actually fixing the problem. reduce the debt of this United States in be a difficult discussion, and to com- Mr. DURBIN. To respond to the Sen- a responsible and orderly way. pare budgets and debate and dialog and ator from Texas, we have been through The objection on the other side of the find compromise. this before. In the House of Representa- aisle for 61 days should come to an end. The Senate acted on the 23rd of tives they threatened not to extend the I salute my friend from Arizona. March by a majority vote in accord debt ceiling of the United States and Mr. MCCAIN. I would ask my friend with the rules of this body to pass a caused severe damage to our economy. again, basically what we are saying Senate budget after 4 years. The effort Business leaders, labor leaders, fami- here on this side of the aisle is that we to object to the beginning of a con- lies across America asked: How could don’t trust our colleagues on the other ference, make no mistake about it, is the Congress do something so irrespon- side of the Capitol who are, in the ma- fundamentally an effort to block proc- sible as to not extend the debt ceiling jority, Republicans. I guess that is the esses of compromise. In the living or- of the United States? The President lesson that can be learned here. ganism of government that was estab- said he is not going to get into a polit- But far more importantly than lished by our Framers, compromise is ical bargain over the debt ceiling of the that—far more importantly than the blood that keeps the organism United States. He is right. This ought that—in a recent poll I saw, 16 percent alive. Efforts to block compromise are to be something both parties take very of the American people approve of Con- fundamentally efforts that are destruc- seriously, as to whether we would jeop- gress. When I go home and have town- tive of this institution. ardize the full faith and credit of the hall meetings and I say: You know So I stand by the motion I have United States of America, whether what, my friends, we don’t even have a made. I ask my colleagues to allow we—— budget. We can’t even agree, Repub- processes of compromise to go forward. Mr. MCCAIN. Will the Senator yield licans and Democrats—Republicans I yield the floor. for a further question? and Republicans in this case—to have a The PRESIDING OFFICER. The Sen- Mr. DURBIN. I will in one moment, budget, the same as every American ator from Texas. as soon as I finish replying to the Sen- family does. Does that contribute to Mr. CRUZ. Madam President, the ator from Texas. the approval and the respect the people senior Senator from Arizona urged this So the notion this debt ceiling is of this country have for us? The answer body to trust the Republicans. Let me something we can casually say whether is obviously no. be clear: I don’t trust the Republicans it is approved and extended makes no So I urge my colleagues again, let’s and I don’t trust the Democrats. I difference—it makes a big difference. put some confidence in, if not the con- think a whole lot of Americans like- And whether it is included in this, in ferees appointed here, the conferees wise don’t trust Republicans and the terms of the budget resolution, re- who will be appointed on the other side Democrats because it is leadership in

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.025 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3720 CONGRESSIONAL RECORD — SENATE May 22, 2013 both parties that has gotten us in this without getting the economy going, The House has passed its budget. The mess. without getting jobs back, and without Senate has passed a budget. The way it My wife and I have two little girls at stopping the path we are on of bank- works is that now both sides are sup- home. They are 5 and 2. When Caroline rupting this country. That is what this posed to sit down and negotiate. What was born, our national debt was $10 fight is about. is happening is that a motion is being trillion. Today it is nearly $17 trillion. I yield the floor. made to start these negotiations. No- In her short 5 years of life, the national The PRESIDING OFFICER. The Sen- body here is objecting to these negotia- debt has grown by over 60 percent. ator from Utah. tions. That can begin today. This proc- What we are doing to our kids and Mr. LEE. Madam President, I want to ess they want can happen right this grandkids is immoral. follow up on some of the comments very moment. The only thing we are I commend the Democrats in this made by my friend and colleague, the asking is that it be clear that as part body for their candor. The Democrats junior Senator from Virginia. I agree of that negotiation—an increase in the and President Obama have been very wholeheartedly that we need to have debt limit not be part of it. Here is why explicit. It is their intention to raise this debate. We need a budget. The it is so important that it not be part of the debt ceiling, and to do so with no American people want it, they deserve it: because we have not discussed it. As conditions whatsoever—to keep bor- it, they have been without it for 4 the Senator from Texas pointed out, rowing and borrowing and borrowing years. when we debated the budget we did not money without any structural reforms It is because we want this debate and debate the debt limit. to fix the problems. That is an intellec- it is because we want this issue debated Let me tell you what the debt limit tually consistent position. I think it is in public that we have this concern. In is. It is the credit line of the United a dangerous position but it is at least other words, as the Senator from Texas States. It is how much money the gov- candid. That is the reason why every pointed out a moment ago, there are a ernment is allowed to borrow. This is day, for 60 days, the Democrats have lot of issues that were discussed and not a trivial matter. I heard people opposed taking the debt ceiling off the debated and voted on when we were ad- stand here today, my fellow Senators, table in this discussion. dressing the budget resolution a couple and say: You can raise any objection to Unfortunately, one of the reasons we of months ago. We were here until 5 in any issue you want to stop the whole got into this mess is because a lot of the morning making sure we could get process. This is not a trivial objection. Republicans were complicit in this through all the amendments. I am not asking that key lime pie be spending spree. That is why so many At no point during that very lengthy made the official pie of the United Americans are disgusted with both discussion in connection with the budg- States or some ridiculous thing. This is sides of this body, because we need et resolution did we discuss or address the debt limit, something that has leaders on both sides to do as my friend or have a vote on or in any way make been called the single greatest national from Virginia said, to roll up our a decision regarding the debt ceiling. security problem facing the United sleeves, to compromise and to work to- That is a separate debate, one that did States of America by a national secu- gether and fix the problem—fix the not come up in connection with the rity official. enormous fiscal and economic prob- budget resolution. It is a debate that All we are saying is that you cannot lems and stop bankrupting our coun- needs to happen. Just as the discussion come back from that conference with try. of the budget resolution needs to move an increase in the debt limit because if What this issue is all about is very forward, we do need to have a public that happens, it will be a 51-vote ma- simple: Will we allow the debt ceiling debate and ultimately a vote with re- jority here to do it as a matter of rou- to be raised in an unlimited amount gard to the debt ceiling. The American tine. with a 50-vote threshold? And if the an- people expect us to have this debate. Frankly, the problem is that the debt swer to that is yes, we have, in effect, They expect us to have it in the light limit increases have become a matter just voted to raise the debt ceiling be- of day and not under cover of darkness of routine, and that is how we get from cause the Democrats hold a majority of behind closed doors, resulting in one of $10 trillion to $16.5 trillion in such a this body—55 seats—and the Democrats those infamous backroom deals that short period of time. are explicit that they want to raise the have given Washington its often much- Ultimately, you are right. We should debt ceiling. If we go to conference deserved bad name. not treat the debt limit casually. That without the debt ceiling being taken The debt ceiling was not in the bill. means we should not just casually and off the plate, it is a 100-percent cer- It was not in the budget resolution. We cavalierly say we will never raise it no tainty the debt ceiling will be raised. It have not debated it. All we are asking matter what, no matter you do, but we has been done three times in recent for is that the other side agree that also should not just casually raise it as history. Every Republican who stands they will not use budget reconciliation a matter of routine, and that is the against holding the line here is saying: as a mechanism for working a back- fundamental problem. The impact this Let’s give the Democrats a blank check room deal to raise the debt limit. The is having on our economy is serious. to borrow any money they want, with American people expect us to debate I deeply respect this institution. One no reforms, no leadership to fix the this, not in secret but in public. That is of the reasons I ran for the Senate is I problem. I don’t think that is con- what we are trying to do. thought I could make a difference be- sistent with any of our responsibilities. I yield the floor. cause in this Senate even a minority A final point. Much has been said The PRESIDING OFFICER. The Sen- within the minority can make a dif- about the budget was debated, the ator from Florida. ference. budget was considered, and that is Mr. RUBIO. Madam President, since I Let me tell you, one day in the fu- surely true. But the budget contains raised the objection today, I wanted to ture I will not serve here anymore, and nothing about the debt ceiling. The close my comments by accurately de- someday in the future my children, budget did not consider the debt ceil- scribing to the people at home or in the who today are very young, will have to ing. When all of us were here all night gallery or elsewhere what is happening deal with the consequences of the deci- debating the budget, we didn’t debate here. Maybe some folks are wondering sions we make or fail to make in my the debt ceiling. The question here is what this is all about. It is pretty time in the Senate. If what they in- whether the majority of the Senate straightforward. In fact, for over 1,000 herit is an economy crippled by the will be able to bootstrap the debt ceil- days the Senate did not pass a budget horrifying decisions that have been ing—a totally different issue—onto the under the leadership of the current ma- made here now and in the past, I am budget. And the reason for doing it is jority, and we did complain about that going to have to answer for that. I am to use a political trick. It would allow because that was problematic. Ulti- going to have to explain to them. the majority to pass a debt ceiling in- mately, this year, they finally passed a What did you do or what did you not crease on just 50 votes. budget—one which, quite frankly, do when you were in the Senate? How I think it would be profoundly irre- doesn’t deal with our debt and doesn’t could you have allowed this debt to go sponsible for this body to raise the debt help grow our economy, but they forward? What did you do to do some- ceiling without fixing the problem— passed a budget. thing about this debt issue?

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.027 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3721 My answer to them cannot be, well, I know that our thoughts are with them, public buildings that are available. It followed the regular order. I played our prayers are with them. is not that we are going to go in and along to get along. I went ahead and First responders are continuing to help you rebuild your house if you acquiesced to what my colleagues search and rescue. Their recovery ef- chose not to have insurance. That is wanted. forts are happening. Words clearly can- not what happens. That cannot be my answer. That will not describe the loss these commu- But volunteers immediately show up. not be my answer. nities and the community particularly The first volunteers are your neigh- The bottom line is that we can move of Moore, OK, have had in the last few bors. The first responders are your to conference right now, we can begin days. I know the Nation is praying for neighbors. It happened this week in negotiating with the House this very them. I am too—for the people who lost Oklahoma. It happened 2 years ago in day. All we are asking—all we are ask- children at the local elementary Joplin. As soon as people had brushed ing is that as part of that negotiation, schools. The thought of sending some- themselves off and found their own they cannot come back here with a body to school in the morning and family members, they began to look up debt limit as part of it. The debt limit them not coming home that day is a and down the street to see whom they is an important issue. It should be dis- tragedy that will affect people’s lives could help, whom they could help dig cussed on its own as it relates to the forever. The friends who are lost, the out of rubble or whom they could help entire economy, not simply the 1-year family members who are lost will al- secure something they were concerned budget of the United States of Amer- ways be part of the ongoing impact about. Those are the first responders. ica. That is the basis of our objection. that they have on that family and that Then your neighbors from not too far If the majority would reconsider community. away—in fact, Oklahoma is right on their position and come to the floor In Joplin, MO, 2 years ago we had 161 the edge of our State. They are our and offer the same motion but with people die. The community has come neighbors. There were people from— language that clearly says it cannot in- back in incredible ways, but you never public officials, fire and water and po- clude reconciliation instructions to want to minimize in any way the loss lice from Joplin who were there within raise the debt limit, we will be in con- of those 161 lives. Every one of them 12 hours, and they will be back when ference with the House this very day. had a story to tell, just as every one of they are needed. But if they fail to do that, we cannot the people lost in Moore, OK, and in There is a lot to be done. The one move forward because what we cannot other places in Oklahoma in recent thing I would advise people who want do is continue to routinely raise the days has a story to tell. to know what they can personally do to debt limit of this country without any It was a big storm. It affected people. help—there are places to send money, serious conversation about how we are Pretty quickly you figure out that there are charities to help. They are going to begin to put our fiscal House while you regret the property you lost, helping. All those things are important in order because the impact it is hav- the property you lost is not really all and good. My personal advice if you ing on our economy is disastrous. that important, but the lives that were want to help, if you can at all, find out Our economy is not growing. There lost are. In addition to the 161 people before you go what it is you are going are people in America right now who killed in Joplin, MO, on May 22, 2011, to be doing. The last thing commu- are unemployed or underemployed be- 7,000 homes were gone. I was there the nities in this kind of situation need is cause the debt is scaring people away next day or the day after. They were a lot of people wandering around, won- from investing in our economy and in gone. It was like a nuclear blast. The dering what they can do to help. There our future. If we do nothing about that, pictures from Moore, OK, remind me of are plenty of people wandering around then, my colleagues, we will be the that. Five hundred businesses were already. But if you come through your first generation of Americans to leave gone. church, your civic club, through some the next generation worse off. That has I will say for the people in Joplin, organization you have helped in the never happened in our history. they immediately began to think about past, through Habitat for Humanity, I hope we can come together to pre- Joplin tomorrow instead of Joplin yes- through a group you have worked with vent that from happening because I terday. Two years later it is still a before that does this—link up with think that if we do some simple but community dealing with loss, but it is them and go. That is probably the bet- important things for our country, in- a community that is building new ter thing to do. cluding bringing our debt under con- schools and new businesses, and houses There is a lot to be done. First re- trol, I believe that if we do that, this are under construction. I talked to sponders, as I said, are your neighbors. new century, this 21st century, can also someone just yesterday. Their family By the way, they are also the last re- be an American century. member was about to get into a house sponders. The people still there 2 years My hope is that at some point today that Habitat helped them build. later helping build a Habitat for Hu- or tomorrow or the next few days we One of the things I found out that I manity house are probably at that come to this floor and make a motion had never really thought about even point your neighbors. They are prob- to go to conference with very simple though I had a lot of experience with ably not Habitat for Humanity from and straightforward language that says storm loss—never anything like 7,000 1,000 miles away. They are local people the conference report cannot include homes at one time—the people who are who have finally found another family reconciliation instructions to raise the the least likely to have insurance are who needs help, and they are helping debt limit. the people who have their house paid them. I yield the floor. for. In that group, they are the least This disaster, by all recent stand- The PRESIDING OFFICER. The Sen- likely, or the people who may have in- ards, deserves Federal assistance. ator from Missouri. herited the house from their parents, FEMA is there, but beyond that, the Mr. BLUNT. I would like to speak as because there is no banker to tell them Federal assistance that we give when a in morning business. they have to have an insurance policy. disaster is too big for a community to The PRESIDING OFFICER. Without Maybe it was just kind of a seamless handle on its own and too big for the objection, it is so ordered. moving back home or staying home community and the State they are in TRAGEDY IN OKLAHOMA and suddenly that house is gone. to handle on their own, that is where Mr. BLUNT. Madam President, I By the way, this is something the the Federal Government should step in want to talk about the tragedy this Federal Government—really probably and does and will. week in Oklahoma. This is the 2-year rightly—does not have a role in. If you There are people all over the country anniversary of the Joplin tornado we do not have insurance, you made that who want to help, but they also are had 90 miles from my home, a district choice not to have insurance. When we going to be helping as taxpayers. It ap- that I represented for a long time be- talk about Federal aid, we are almost pears that the resources to do that are fore I came to the Senate and still get always talking about cleaning up the in the current pipeline. As I said, to represent now as part of our State. streets, the water systems, the power FEMA is there. We are going to be But I want to be sure we take time yet facilities, getting the community back there, I am sure, working in this body again today to let people in Oklahoma in order. There are some programs for with our colleagues, Senator COBURN

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Mr. President, I Program in the farm bill this year. which tells the story about the Dust would like to associate myself with the Let’s be clear about one thing: By at- Bowl. wise words of my colleague from Mis- tacking the Sugar Program, or any What happened, as I understand it, souri, whose State has experienced so other farm safety net, they are helping was there was speculation on wheat much tragedy last year much like the to send jobs overseas. Ironically, this during World War I. There was a scar- devastation in Oklahoma. On behalf of attack comes just a week after 60 Sen- city of wheat because of the war in Eu- the State of Minnesota, our hearts and ators supported a provision to make rope. People in the United States saw thoughts are with the people of Okla- sure some of the funds used in water the prices of wheat going high, so they homa. infrastructure projects are used to pur- started planting. They planted on frag- I would also like to thank Senator chase U.S. iron and U.S. steel. Some of ile ground. As a consequence, they BLUNT for cosponsoring an amendment the very same Senators who are fight- were churning up the ground to plant in the farm bill which will make it ing for a domestic steel industry are the wheat and were not mindful of easier for seniors and those with dis- now turning their backs on our farmers some serious possibilities that the top- abilities to receive groceries in their by pulling the plug on our Sugar Pro- soil would blow away. homes that is delivered by volunteers. gram. I also heard some argue that we One thing led to another and it be- They pay for it with their SNAP dol- should just let the free market work. came a natural disaster—the Dust lars. Madam President, did you know that Bowl. As a consequence, many people I am grateful to the whole Senate for the government of Mexico is Mexico’s left Oklahoma and many people saw adopting the farm bill package by biggest producer and exporter of sugar? their lives change forever. Tim Egan’s unanimous consent. I am very grateful That is not much of a free market. book, ‘‘The Worst Hard Time,’’ tells for that. Brazil, the world’s largest sugarcane about that in detail. I am very pleased the Senate has producer, spends billions of dollars to As a result of that experience in the taken up the farm bill, and I hope we subsidize its Sugar Program. Let’s be 1920s, a couple of things happened. can pass this in the Senate and the clear: Removing the protections we First, we started taking conservation House so our Nation’s farmers have the have for our domestic sugar producers seriously; for example, how to conserve certainty they need to provide food for will do nothing but kill an American the topsoil of our land so it doesn’t the rest of us. industry and outsource jobs to our blow away. Ultimately, this gift from There are so many important pieces competitors. God is what gives us such fertile soil. to this bill which will be great for Min- Some have depicted the amendment Secondly, because we know a farmer nesota and Wisconsin. For example, it of Senator SHAHEEN and TOOMEY as is at the mercy of nature, we started to contains provisions to support begin- nothing more than a rollback of U.S. think of ways—under President Frank- ning and young farmers to help them policy to the pre-2008 policy. lin Roosevelt—to make sure the farm- start farming operations. I think the Let’s be clear: The reason Congress ers could get through hard times, such average age of a farmer in Minnesota is modified the U.S. sugar policy in the as a bad year, a bad crop, or low prices. about 58. We need young and beginning 2008 farm bill was primarily because Starting in the 1930s with the New farmers. the provision in NAFTA, which allows Deal, we started dreaming up farm pro- The farm bill also contains impor- subsidized Mexican sugar unfettered grams, and there were many of them. I tant conservation measures so farmers access to U.S. markets, kicked in in can recall when I was elected to Con- can better protect their land. It also 2008. The reason the bill changed in gress in 1982, I represented an agricul- contains a comprehensive energy 2008 is because the Sugar Program tural district. At the time I knew little title—that I helped to write—in order changed. Let’s be clear: Eliminating or or nothing about farming. I was trying to make our agriculture sector and our weakening the Sugar Program is going to learn as fast as I could as to the op- Nation more energy independent. to kill rural jobs in America. tions and history of these programs. I Above all, the farm bill provides a I urge my colleagues to stand for ag- learned some things, but I am certainly safety net for farmers, and that safety riculture and American jobs. I ask that not an expert. net is the centerpiece of this bill. The my colleagues oppose the amendment Over the years we have tried a lot of reason it is there is because agriculture of Senator SHAHEEN and Senator different ways of protecting farmers is inherently risky. Just last year we TOOMEY. from the vagaries of nature and the witnessed a historic drought which I see the Senator from Illinois is here market. Not that long ago—10 or 15 devastated the Nation’s corn and soy- and about to join us on the floor. years—we had a situation where we bean crops and forced ranchers to cull The PRESIDING OFFICER. The Sen- were seeing these natural disasters— their livestock. Agriculture is prone to ator from Illinois. such as floods, droughts, and disease— weather disruption such as drought, Mr. DURBIN. The tragedy that hit that claimed crops. Many of the farm- flood, hail, pests, disease, and global Oklahoma earlier this week—killing ers affected by those came to Congress market forces which can drastically innocent people and children and de- and asked for help. We were giving disrupt prices, and that is why the stroying homes, businesses, and them disaster payments, we called farm bill safety net is so essential and schools—just reminds us of how vulner- them, to get them through another important. able we are to the forces of nature. It year. The farm bill safety net provides dis- wasn’t the first time the wind blew in Well, the decision was made about 10 aster assurance for livestock pro- Oklahoma. In fact, that same commu- years ago that it would be better for us ducers, and it contains crop insurance nity had been victimized by a tornado to deal with that unpredictability of so farmers have certainty over their years ago. nature and move away from disaster planting decisions. It also contains a If we go back in history to the 1920s, payments to a program which is known dairy program to make sure we have a the State of Oklahoma faced what we as the Crop Insurance Program. It healthy dairy economy in Wisconsin, have now characterized as the Dust speaks for itself. It is a program where Minnesota, Vermont, New York, and Bowl. I didn’t know much about that, a farmer can buy insurance and with other States. but I read about it. I kind of knew it that insurance protect that farm from That is why we have the Sugar Pro- destroyed lives, farms, and many peo- a bad productive season or low prices gram, to help protect our sugar grow- ple had to pick up and leave. They in the market. ers. The program is important to Min- moved to California and other places. More and more farmers started look- nesota’s sugar growers and to growers I ran across an excellent book writ- ing for that protection, but they were across the Nation. In addition to pro- ten by a man named Tim Egan. Tim is not that happy with crop insurance as

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.029 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3723 it was too expensive. So what we did America. The Federal taxpayers put in tatoes, soybeans, sugar beets, and was make a calculation that if we sub- $7.1 billion in subsidies to the same wheat across 23 counties in 6 States for sidized the crop insurance premiums Crop Insurance Program. So this is not a total of $1.6 million in taxpayer sub- and if the Federal taxpayers kept them a traditional insurance program, it is sidies for his crop insurance. In addi- low, more farmers would buy it and we one that is heavily subsidized and tion, the cost of the administrative ex- would pay less in natural disaster pay- heavily leveraged by the Federal pense subsidies the government spent ments since the insurance program Treasury. on behalf of this farmer—one farmer— would take care of that exposure. I might also add the taxpayers are on administrative expenses: $443,000. This That is basically what we decided 10 the line for the cost of administering is a farmer farming in 23 counties years ago, and since then there has the program, which recently was $1.3 across 6 States. been a decrease in the cost of pre- billion in a year, so $7.1 billion in pre- The point I am trying to get to is miums and an increase in farmer par- mium subsidies and $1.3 billion in ad- this: When we think of farmers and the ticipation and crop insurance, which is ministrative expenses. We are basically struggles they face, we shouldn’t ig- a good thing. saying the taxpayers, by a margin of 2 nore the obvious. For the wealthiest 1 I might also say that during the to 1, are putting more money in the percent of the farmers in America, same period of time we had some in- crop insurance program than the farm- they are doing quite well. I think—and come protection for farmers in what ers who are protected. Senator COBURN agrees—the Federal was known as direct support payments. Going back to the Dust Bowl story, subsidy in crop insurance to those Unfortunately, those payments were remember that one of the things we de- farmers should be diminished some to guaranteed even in good times, and cided to do was to protect fragile lands save money for the program and to re- they became indefensible. We had some from wind and water and the type of duce the deficit. That is what our farmers with record profits on their erosion that reduces their value. Over amendment is all about. farms and still getting a direct Federal the years we had these conservation What we are suggesting, as I said at support payment check. programs saying to farmers, if you the outset, is that instead of 62 percent We have the farm bill pending on the have a wetland or a land that is par- of the premium being paid by tax- floor. Senator STABENOW of Michigan ticularly fragile or vulnerable, set it payers for the richest farmers in Amer- has done a remarkable job—again, for aside; don’t plant on it. This bill Sen- ica, it be 47 percent of the premium. the second time—in writing a farm bill. ator STABENOW brings to the floor That is still pretty generous, is it not, She wrote a farm bill last year, which makes this conservation practice a for someone who is getting $1.8 million we sent to the House of Representa- condition for buying crop insurance. I in subsidies already and $400,000 plus in tives after we passed it with a strong think that is a good thing, and I to- administrative expenses? We are help- bipartisan vote, and they basically ig- tally support that. And, from the view- ing that farmer in 23 counties over 6 nored it. They didn’t want to call it so point of the Federal taxpayers, I don’t States with over $2 million in Federal it could be considered on the floor of think it is too much to ask that the subsidies. I think he can afford to pay the House, but they could not come up farmers participating in the crop insur- a little more. That is what this amend- with their own farm bill. ment says. We are hoping for a better outcome ance program also participate in con- servation practices to protect farmland This farm bill is a good bill. It elimi- this time. Once again, Senator STABE- across this country. That is included. nates direct payments. I salute Senator NOW sat down with the agriculture Four percent of the most profitable STABENOW for doing that. Eliminating committee in the Senate and produced farmers in America account for nearly direct payments made regardless of this farm bill which is before us. I am here today to describe an 33 percent of all the premium support need saves about $4.5 billion a year, by the Federal Government. In other $40.8 billion over 10 years. Hats off to amendment which Senator TOM Senator STABENOW. She is reducing the COBURN of Oklahoma and I are offering. words, there are a lot of small farmers deficit with this farm bill. Senator COBURN, a very fiscally con- with crop insurance who don’t have I think crop insurance is a much bet- servative Republican, and I have come much exposure, don’t pay much in pre- ter safety net than direct support pay- to an agreement on an amendment miums, but there are a lot of large op- which we are offering to the Senate—a erations that are quite different. ments and much more defensible. But Republican and a Democrat. This is a GAO study that was put out Senators who are concerned about the Here is what it comes down to: Our in March of 2012. They analyzed the growth of government and its costs ig- amendment would reduce the level of crop insurance program. Interesting nore the fact that this heavily sub- premium subsidy for crop insurance reading. ‘‘Savings would result from sidized crop insurance program cost policies by 15 percentage points for program changes and greater use of the Federal Government more than $14 farmers with an adjusted gross income data mining.’’ That was their conclu- billion last year. While this growth is of over $750,000. sion, after investigating this program mostly due to costs associated with Let me explain what is behind this. last year. drought, we have to find commonsense Crop insurance is not a real insurance What they are talking about when ways for savings in the program. That program by private sector standards. they say ‘‘data mining’’ is taking a is why we have suggested that farmers In other words, the premiums being look at the farmers who are buying with an adjusted gross income of over paid by the farmers do not create a re- crop insurance. Who are these people? $750,000 pay 15 percent more when it serve large enough to cover the Well, they came up with some inter- comes to their premiums for crop in- amounts that are paid off or paid out esting examples, if I can find them. In surance. for losses each year, so the Federal the year 2010, according to the GAO, Let me add something which is not a Government makes up the difference. the average value of the premium sub- very well-kept secret: Many of these Currently, on average, when it comes sidy received by participating farmers very large farming operations divide up to crop insurance policies, the Federal was $5,339. Thirty-seven participating their farms and their income between taxpayers—not the farmers—pay 62 farmers each received more than husband and wife. So when we are say- percent of the premiums and the farm- $500,000 in premium subsidies—that is ing $750,000 adjusted gross income, it is ers pay 38 percent, so it is a heavily subsidies from taxpayers—37. The par- actually from a couple that is making subsidized program. That is under- ticipating farmer receiving the most in over $1.5 million in adjusted gross in- standable because we want to keep the premium subsidies, a total of $1.8 mil- come in many instances. Our amend- premium costs low so there is more lion in Federal subsidies for one farm- ment says if the adjusted gross income; participation, but it is also the reality. er—was a farming operation organized that is, after deducting business ex- So we are dealing with a program that as a corporation that insured cotton, penses, health care costs, and other de- is important to our farmers and impor- tomatoes, and wheat across two coun- ductions, is at $750,000, premium sup- tant to our Nation with a heavy Fed- ties in one State. port is reduced by 15 percentage points. eral subsidy. There is another one here. Another of The amendment is roughly estimated Last year farmers put in $4 billion in the 37 participating farmers was an in- to impact the wealthiest 1 percent of the purchase of crop insurance across dividual who insured corn, forage, po- farmers. Who is going to pay this? Who

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.032 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3724 CONGRESSIONAL RECORD — SENATE May 22, 2013 is going to pay the extra premium? same policy, instead of a $740,000 tax- manders to a separate, trained, experi- Twenty thousand farmers across Amer- payer subsidy he would have a $639,000 enced cadre of prosecutors in the mili- ica will pay the extra premium. I just Federal taxpayer subsidy. tary. described a couple of them. Twenty Another example: A South Dakota I have also cosponsored the Com- thousand out of two million. Twenty corn and soybean farmer received $1.4 bating Sexual Assault in the Military thousand. Well, what is it worth to million in premium subsidies to cover Act proposed by my colleagues Senator those 20,000 farmers to pay 15 percent crops in eight different counties; $1.4 MURRAY and Senator AYOTTE; again, more? It is worth $1 billion over ten million Federal taxpayer subsidy for very important legislation providing years; $1 billion coming into our Treas- his crop insurance. This producer special victims counseling to survivors ury. would only receive $1.19 million in pre- or victims of sexual assault, and the When I think of the ways we are cut- mium support under this amendment. Ruth Moore Act sponsored by my col- ting spending to reduce our deficit, Would he stop participating in the pro- league Senator TESTER, that provides which include taking 70,000 children gram? Of course not. If he is that large aid for disabled veterans who suffer out of Head Start as an example, how a producer he needs this program and from this problem. can we possibly justify, for the wealthi- the subsidy is still very generous. Today I rise to praise Secretary of est multimillionaire farmers in Amer- This is an issue which I know is a lit- Defense Hagel for his decision and his ica, not asking them to pay a little tle complex, but when I listen to the leadership in avoiding furloughs of any more when it comes to their crop in- speeches on the floor about the def- of the civilian sexual assault preven- surance premium? How can we excuse icit—and we have heard plenty of them tion personnel as a result of the seques- them and say, No, no, no, these very today and we will hear plenty of them ter. As we know, the sequester has rich farmers absolutely deserve the tomorrow—I have to ask myself, Will caused furloughs of many civilian em- maximum when it comes to the Fed- Senators on both sides of the aisle ployees at the Department of Defense eral taxpayer subsidy? I don’t think stand with Senator COBURN and myself as well as some similar personnel deci- that is acceptable. and say the wealthiest 1 percent of sions across the Federal Government. I The amendment may sound familiar farmers in America should have their wish to say that all of us who are advo- to some of my colleagues. It was adopt- Federal subsidy for crop insurance re- cating this cause did express apprecia- ed before by a vote of 66 to 33 in the duced by 15 percent? Not unreasonable. tion to our Secretary of Defense for his Senate. Of the 33 who voted against the They will still make a lot of money and leadership as well as to the military amendment, 29 voted for a nearly iden- the taxpayers will see $1 billion more leadership at all levels for their focus tical amendment that only varied in coming into the Treasury. on this issue. These measures are good, the scope of the study. This is a study I yield the floor. their intention is commendable, but it associated with our amendment. The PRESIDING OFFICER. The Sen- is not yet enough, as many of them Some may come to the floor and say ator from Connecticut. would acknowledge very candidly and that following last year’s drought, we Mr. BLUMENTHAL. I ask unanimous have done so to all of us in the Senate shouldn’t change crop insurance at all. consent to speak as in morning busi- who are interested in this issue. Last year was the worst drought in ness. We need to hire more civilians over a decade. Eighty percent of agri- The PRESIDING OFFICER. Without trained and qualified to help victims, cultural production felt it and my objection, it is so ordered. not just avoid the furloughs of the ad- State of Illinois certainly did. The The Senator from Georgia. vocates and sexual assault response co- USDA declared 2,245 counties in 39 Mr. CHAMBLISS. Madam President, ordinators we have in place right now, States disaster areas. Crop insurance would the Senator allow me to pro- but to hire more of them. worked for those covered and has al- pound a unanimous consent to be al- I raise this issue because—and here is lowed those producers to plant again lowed to speak for 10 minutes as in the statistic everyone should keep in this year without missing a beat. Our morning business following the Sen- mind—the U.S. Army has hired only 80 change in the law would not change ator from Connecticut? out of the 446 whom it should have in that circumstance at all. Mr. BLUMENTHAL. I have abso- place right now among the sexual as- I recognize the importance of crop in- lutely no objection. sault prevention personnel—80 out of surance. It is far preferable to disaster Mr. CHAMBLISS. I make that unani- 446. payments. But for goodness sake, if we mous consent request. Let me give a little bit of the his- can’t say to 1 percent of farmers—the The PRESIDING OFFICER. Without tory. At the end of 2011, Congress set in wealthiest in this country—that they objection, it is so ordered. Public Law 112–81 that new require- are going to take a slightly diminished The Senator from Connecticut. ments should be expanded in the provi- Federal tax subsidy for their crop in- SEXUAL ASSAULT IN THE MILITARY sion of victims advocates and that they surance, then we aren’t very good as Mr. BLUMENTHAL. Madam Presi- either be in uniform or civilian em- budget cutters. We say to a lot of peo- dent, in the past couple of weeks we ployees who have the proper training ple who have a lot less to work with in have seen some major encouraging ef- and qualifications to perform this im- life, You are going to have to face up to forts in the Senate to rid our military portant service. The Army announced the reality of the deficit. Can’t we say of sexual assault, to punish it more ag- in June of last year—almost a year it to 1 percent of the farmers, that they gressively and effectively, to deter it, ago—that it would have 829 victims ad- are going to have to face up to the and to aid victims who may suffer from vocates. Of those, 446 would be civil- same basic reality? That is what this sexual assault—victims of both sexes ians. As a result, each brigade and amendment is all about. who may be survivors of this spreading equivalent-sized unit would be covered I asked my staff to come up with a scourge. Last year alone, an estimated by a full-time victims advocate and couple of examples of farmers and the 26,000 cases of unwanted sexual con- below that level have the role of vic- premiums they pay for the RECORD. tact; only about 3,300 of them reported. tims advocate performed as a collat- One example: An Illinois corn and soy- So the key to more effective prosecu- eral duty. bean grower received $740,000 in pre- tion and deterrence is more reporting So I was troubled to hear in April of mium subsidies to cover the crops he as well as swifter, surer punishment this year, just a couple months ago, planted in 18 counties in Illinois. This and a better program within the mili- when Secretary McHugh testified be- is no small mom-and-pop farmer; this tary to deal with it. fore the Senate Armed Services Com- is a big operator. And while I love my I will be proposing over the next few mittee, that the Army’s Sexual Harass- Illinois farmers, I can’t justify this weeks additional measures. I have al- ment/Assault Response and Prevention kind of a subsidy of $740,000 to one ready cosponsored the Military Justice Program—known as SHARP—had hired farmer in my State. While his exact ad- Improvement Act, a very important only 63 of that number; in other words, ditional costs are impossible to cal- measure sponsored by our colleagues 63 out of 446. I understand the most up- culate without knowing all the cir- Senators GILLIBRAND and COLLINS that dated number is 80 out of 446. cumstances, even if he is caught by would transfer prosecuting and charg- These civilian sexual assault preven- this amendment and purchased the ing authority from military com- tion personnel, very simply, are needed

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.044 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3725 today. The military and our leadership ed bill that not only saves $24 billion then 32 leading agricultural, conserva- know that this problem is a scourge with sequestration cuts included but tion, and crop insurance groups have that is a direct threat to the good also provides an effective safety net for come to support this provision and order and discipline of our military farmers and ranchers all across the have come together with ideas to form personnel. It has confronted this prob- country to rely on in times of need. a compromise on details of this link- lem in many commendable ways. But This bill embodies reforms, stream- age. The compromise will provide a hiring victims advocates and sexual as- lining, and consolidation, and with the strong safety net for our farmers and sault response coordinators is vital to biggest issue facing our country today natural resources, while allowing them the effort. It is vital to encouraging being our growing debt and deficit, I to be wise stewards of the taxpayer re- both men and women victims to come commend the members of the Agri- sources. forward and have the courage and culture Committee for stepping up and For those of us who enjoy hunting strength to report these incidents when doing the work necessary to find sav- and fishing and the outdoors, this pro- they occur. ings. While we take these essential vision will provide for future genera- These incidents are more than just steps, we must also do it in an equi- tions of Americans the same oppor- disciplinary infractions. They are vi- table and a fair manner. tunity we have to hunt and fish today. cious, predatory criminal acts. They Agricultural producers face a com- There is another provision that did should be punished as vicious, preda- bination of challenges such as unpre- not come up in the discussion in the tory criminal acts. Victims of them dictable weather, variable input costs, Agriculture Committee that I would need advocates and counselors to have and market volatility that all combine like to briefly comment on, and that is that strength and courage to come for- to determine profit or loss in any given the dairy program. The dairy program ward and participate in the grueling year. The 2008 farm bill provided a is always an integral part of every and often painful process of supporting strong safety net for producers, and farm bill, and I am not anywhere near a successful prosecution. Without suc- successor legislation must adhere to an expert on the dairy program. In cessful prosecutions, there can be no and honor the same commitment we fact, I kind of leave that to States punishment, and successful prosecu- made 5 years ago. It is also important where it has a more significant impact. tions require witnesses and cooperation to note that this bill must not only But in my State, when I came to Con- and support from the victim. work to protect producers in times of gress almost 20 years ago, we had in ex- My hope is that the Army will swift- need, but it must responsibly serve as cess of 700 dairies in Georgia. Today we ly stand up this force, that it will do the Nation’s safety net for the nutri- have less than 300. In fact, it is closer more than just avoid furloughs, that it tional well-being of low-income Ameri- to 250. will, in fact, recruit actively and suc- cans. I do not know what the problem is, cessfully. Other branches of our mili- Last year, when we went through but I do think, as we move this bill off tary service should also be asked: How this process, I was unable to support the floor and into conference—particu- are you doing in this process? And if the bill. However, I appreciate the larly with what has been going on in you are doing better, what are the keys chairwoman and ranking member for the House relative to dairy and the dis- to your success? making improvements to last year’s cussion over there—we need to be All across the military there must be bill. While the bill before us is not per- mindful of the fact that we need to ad- a robust SHARP program, Sexual Har- fect, I believe everyone who is involved dress this program long term. If the assment/Assault Response and Preven- in agriculture understands that it ad- way it is designed now is the best we tion Program. It is a mouthful. It is a dresses the needs of U.S. agriculture, can do, so be it. But I do think it is long term, but it stands for a program which is what the policy coming out of going to merit a significant discussion that must be successfully and carefully this body should address. on dairy once we get to conference and built and sustained. While I understand there are dif- have our ideas shared with the House I will be introducing legislation to- ferent ideas about what safety net is and the House ideas shared with us. morrow focusing on victims’ rights and best, I urge my colleagues to recognize This will be my fourth and final farm what can be done to bolster not only that one program does not work for all bill as a Member of Congress. As a the substance of those rights but the crops. The bill before us attempts to member of the Agriculture Committee remedies to make those rights real. provide producers with options to find and as a strong supporter of Georgia For today, I say thank you to the what works best for them, and that is agriculture for my nearly 20 years in Secretary of Defense for the step he a step in the right direction. Congress, I have witnessed several dis- has taken and hope we can count on A new program known as Adverse putes, especially regional disputes. additional steps to make these rights Market Protection seeks to serve the However, I am confident we can bal- real, to guarantee successful prosecu- needs of those who are not protected by ance the needs and interests between tion, to make sure our military rules the Agriculture Risk Coverage—ARC— commodities and regions to reach our and remedies against sexual assault and Crop Insurance Programs. It is im- common goal of getting a farm bill and abuse are worthy of the greatest, perative that the farm safety net pro- across the line. strongest, best military in the world, vide protection for multiyear declines, Ultimately, the reason we are here is staffed by men and women second to especially for southern crops such as to represent those who work the land none in their training and dedication. rice and peanuts, since the protection each and every day to provide the high- The system of military justice must be provided by ARC and crop insurance is est quality agricultural products and worthy of their service and sacrifice. not sufficient. the safest agricultural products of any I yield the floor. Also, I would like to recognize that country in the world. We have the op- The PRESIDING OFFICER. The Sen- the upland cotton policies contained in portunity to write a bill that is equal ator from Georgia. the chairwoman’s mark represent fun- to their commitment to provide the Mr. CHAMBLISS. Madam President, damental reform in the support pro- food, feed, and fiber that allow Amer- I rise to speak on S. 954, the legislation vided to cotton farmers—reforms that ica to be the greatest Nation on Earth. to reauthorize agricultural programs. contribute $2.8 billion toward savings Madam President, I thank you, and I As a former chairman and ranking in the committee’s budget target. The look forward to the forthcoming debate member of the Agriculture Committee, legislation eliminates or changes all on the remaining amendments. I recognize how difficult it is to com- title I programs providing direct sup- I yield the floor. bine all the diverse interests into a sin- port to those involved in cotton pro- The PRESIDING OFFICER. The Sen- gle piece of legislation that meets the duction and puts us down the path to ator from Minnesota. needs of all crops, all regions, and all resolving our WTO dispute with Brazil. Ms. KLOBUCHAR. Madam President, rural and urban communities the farm Further, I would like to express my I came here today first of all to talk bill impacts. support for a provision in this bill that about the farm bill. I am a member of I thank Chairwoman STABENOW and ties conservation compliance to crop the Agriculture Committee. We are Ranking Member COCHRAN for the work insurance. My amendment last year on very proud of this bill. It is a strong they have done to craft a reform-mind- the floor relinked the two, and since bill. As Senator CHAMBLISS just pointed

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.046 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3726 CONGRESSIONAL RECORD — SENATE May 22, 2013 out, it enjoys broad bipartisan support. talk to in Minnesota, want; for us to duction, one-quarter of which would Of particular importance to the State put politics aside for the good of the come from new revenue totaling $600 of Minnesota is the safety net that is country and come together on a budget billion. in the bill; the focus on ag research, deal that reduces our deficit in a bal- We do not just need a balanced budg- which the Presiding Officer from the anced way but also lays a foundation et; we need a budget that is in balance. State of Wisconsin, with her great uni- for sustained economic growth. I believe the Senate’s budget achieves versities, knows is very important; and In the past 2 years Congress has made that goal. It includes an equal mix of the work we have done with dairy in some progress in reducing the deficit. responsible spending cuts and new rev- trying to improve the dairy program. We have already achieved $2.4 trillion enue from closing loopholes and ending The dairy farmers have been the in deficit reduction, with a goal of a $4 wasteful spending in the Tax Code. Our hardest hit in our State of any of the trillion reduction in 10 years within budget builds on the $2.4 trillion in def- agricultural groups. I have done some our grasp. Last week the Congressional icit reduction we have already new things for new and beginning farm- Budget Office reported that deficit will achieved in the last 2 years, with an ers. fall to $642 billion this year, $200 billion additional $975 billion in targeted cuts Then, of course, there is the Sugar less than what the CBO projected just and $975 billion in new revenue, sur- Program—something that has been a 3 months ago. The better numbers re- passing the bipartisan goal of $4 tril- topic today, as some of our colleagues flect good news in housing and larger lion. are trying to strip the Sugar Program than expected increases in tax revenue. Just this morning I was at the Joint out of the bill. I would argue that this But I believe that resting on those Economic Committee—I am the Senate is 30,000 jobs in the Red River Valley of numbers would be a mistake. If we are chair of that committee—where Chair- Minnesota and North Dakota. Amer- to get closer to reaching a new deficit man Bernanke testified. He warned us ican sugar is actually much less expen- agreement, it is only going to happen if about the negative impact—that cuts sive than you see in the price on the we work in a bipartisan way through solely focused in the short term can global marketplace. The Sugar Pro- regular order to get a deal done. Along negatively impact economic growth. gram works. It works for workers, it with addressing our fiscal challenges, He noted that policies such as seques- works for America, and we need to con- working through the budget process tration are creating headwinds against tinue it. and coming to agreement will create a short-term economic growth and that THE BUDGET stronger, more resilient framework for Congress needs to take a broader, long- I would like to turn to the focus of economic renewal. term view toward our debt and deficit. my remarks today, which is, first of We certainly see how we got a major That is what this conference com- all, on the budget. I thank Senator bill done through the Judiciary Com- mittee is about. That is what regular MURRAY for her leadership on the mittee last night when we were able to order is about. We have a Senate budg- Budget Committee and for all her hard get the immigration bill done. There is et. We have a House budget. We have work in advancing a smart, balanced no reason a conference committee that opportunity to bring those budg- budget to meet our country’s fiscal should not be at work right now taking ets together in a conference com- challenges. the Senate budget that we have heard mittee. Some of the most important This is not the first time I have come for years needs to be done and paring it points in the Senate budget include the to the Senate floor in the last year or up with the House budget and coming fact that it replaces the sequester with in the last several years to stress the together. In the bigger picture, this smart targeted cuts while also making critical need for Democrats and Repub- presents an opportunity for us to rein- critical investment in areas such as licans to come together and focus on force our role as a world leader in inno- education, workforce training, and in- smart solutions to reducing our debt. I vation, entrepreneurship, exporting, frastructure. think it is a good sign that both the education; in other words, that which It produces savings in Medicare and House and the Senate have passed we have always taken pride in. We Medicaid by eliminating waste and budgets and that the President intro- want to be a nation that produces, that fraud, promoting efficiency, and em- duced his budget last month. invents, that exports to the world. Part phasizing cost alignment. Our budget I see this time as a real opportunity of that is showing the world we have also recognizes there is a massive to come together to work through this our fiscal house in order. amount of spending that takes place budget process and get a deal done. I believe the Senate proposal is the through the Tax Code, to the tune of That is why we must take the next step right blueprint for moving us forward. over $1 trillion per year in tax expendi- in the process, which is to move for- On the most immediate front, it will tures. The Senate budget eliminates ward under regular order and have the allow us to build on the progress we are wasteful tax loopholes and subsidies. House and Senate conference on a already seeing in the economy. Last All told, the Senate budget cuts the budget deal. month, the national unemployment deficit by approximately $2 trillion. For years we have been hearing from rate dropped to 7.5 percent, the lowest This continues us on a downward path our colleagues across the aisle about level in 4 years. Our housing market is where our debt-to-GDP ratio will be how the Senate did not have a budget. turning around. Consumer spending about 70 percent by 2023. Getting the Well, the Senate passed a budget, and has picked up in the first months of the Federal budget on a sustainable path all we want to do is to move this into year as has private business invest- will only promote growth and stability. conference committee so that the ment. The unemployment rate in my The American people want us to get House and the Senate can work to- State of Minnesota is at 5.4 percent. this done. They want us to com- gether so that we can get a budget for But even with this progress, our promise. They want us to work to- this country. economy remains vulnerable to gether to get the economy on the right There is growing bipartisan support headwinds. We should keep this good track. for going to conference and starting economic momentum going but only if I urge my colleagues to support mov- the conversation so that we can come we are willing to find common ground ing to conference so we can begin the to an agreement on a long-term budg- on a budget plan that also moves our work of finding solutions to a very im- et. Last night Senators MCCAIN and economy forward. portant matter. COLLINS came to the floor and talked We need to take a balanced approach GAS PRICES about how we need to return to regular to deficit reduction. You do not have to I wish to speak briefly on one other order in the Senate, and regular order take my word for it. Nearly every com- topic that is an important economic means going to conference to come to a mission that has offered ideas for re- issue for families and businesses in budget deal. ducing our debt has stressed the impor- Minnesota; that is, the recent spike in Doing so will allow us to stop lurch- tance of balance. This includes the gas prices. We do have some good ing from crisis to crisis and address our original Bowles-Simpson plan, the things in the farm bill that will help fiscal challenges in an open, bipartisan Rivlin-Domenici plan, and even the re- us, including the promotion of energy way. I believe this is what folks outside vised Bowles-Simpson plan, which calls and biofuels, but I came to discuss the of Washington, especially the people I for another $2.4 trillion in deficit re- recent spike in gas prices in Minnesota,

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.047 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3727 a problem that is disrupting commerce Midwest simply did not have enough I yield the floor. and hurting consumers, small busi- refined gasoline to make it to the mar- The PRESIDING OFFICER (Mr. nesses, and farmers across the State ket right now. In this day when we HEINRICH). The Senator from Michigan. and throughout our region. have a surplus of fuel, when we are AMENDMENT NO. 925 In Minnesota, the average gas price drilling record amounts in North Da- Ms. STABENOW. Mr. President, on is $4.25, 40 cents higher than 1 week ago kota, when we do not see a huge in- behalf of Senator SHAHEEN, I called up and over 80 cents more than only 1 crease in the price of oil, this just her amendment No. 925. month ago. In fact, a few days ago it should not be happening. That is why The PRESIDING OFFICER. The was the highest in the country, higher last Thursday I called on the Depart- clerk will report. than Honolulu. It happened all of a ment of Energy to thoroughly review The assistant legislative clerk read sudden, in literally a 2-week period. the timing of scheduled maintenance as follows: That is a significant increase which operations and to take action to ad- The Senator from Michigan [Ms. STABE- puts family budgets under severe pres- dress future supply problems that are NOW], for Mrs. SHAHEEN, Mr. KIRK, Mr. sure. TOOMEY, Mr. DURBIN, Mrs. FEINSTEIN, Mr. preventable. I have also spoken with ALEXANDER, Ms. AYOTTE, Mr. CORKER, Mr. I am focused on immediate relief. I the Department of Energy about ways am taking actions now so we can avoid LAUTENBERG, Mr. PORTMAN, Mr. COATS, Mr. to resolve the issue quickly and pre- MCCAIN, Mr. COONS, Mr. COBURN, Mr. WAR- similar gas price spikes in the future. vent disruptions down the road. I am NER, Mr. JOHNSON of Wisconsin, Mr. KAINE, With Memorial Day around the corner working with DOE and industry part- and Mr. HELLER, proposes an amendment and the start of the summer driving ners on legislation that addresses numbered 925. season upon us, this kind of price spike known scheduled closures of refineries Ms. STABENOW. I ask unanimous is simply outrageous. To cut back on for maintenance. consent that the reading of the amend- costs, some families are already put- Having improved information could ment be dispensed with. ting off family trips and scaling back serve as an early warning system to The PRESIDING OFFICER. Without vacations. I have already heard from protect consumers from production objection, it is so ordered. families who have canceled or scaled problems within the refinery industry. The amendment is as follows: back their plans. With more transparency and more lead (Purpose: To reform the Federal sugar But there are some things people program, and for other purposes) time, fuel retailers will have the oppor- cannot put off, such as driving to work, In title I, strike subtitle C and insert the tunity to purchase fuel at prices that such as going to the doctor’s office. following: better reflect the underlying cost of More money to fill the tank means less Subtitle C—Sugar Reform crude oil and better reflect supply and money for food, housing, and every- SEC. 1301. SUGAR PROGRAM. demand across the country. (a) SUGARCANE.—Section 156(a) of the Fed- thing else families need. Families in I also believe refineries should give Minnesota cannot afford an 80-cent eral Agriculture Improvement and Reform immediate notification of any un- spike in the price of a gallon of gas, Act of 1996 (7 U.S.C. 7272(a)) is amended— planned outages. I am working to ad- (1) in paragraph (4), by striking ‘‘and’’ neither can business owners who need dress this as well. I am also working after the semicolon at the end; to ship their goods to market or farm- with the Secretary of Energy to look (2) in paragraph (5), by striking the period ers who rely on diesel fuel to keep their at the potential for additional refined at the end and inserting ‘‘; and’’; and equipment running. fuel storage capacity in our region. (3) by adding at the end the following: We know what is causing the price ‘‘(6) 18 cents per pound for raw cane sugar increase—supply shortages resulting Minnesota has less storage capacity for for each of the 2014 through 2018 crop years.’’. from the simultaneous closing of sev- refined products than other parts of (b) SUGAR BEETS.—Section 156(b)(2) of the eral oil refineries in the Midwest. We the country, making us more vulner- Federal Agriculture Improvement and Re- able to the kinds of refinery outages we form Act of 1996 (7 U.S.C. 7272(b)(2)) is also know what is not causing the price amended by striking ‘‘2012’’ and inserting increase. The price of crude oil has not have experienced this year, both planned and unplanned. ‘‘2018’’. moved. We are about $96 a barrel, simi- (c) EFFECTIVE PERIOD.—Section 156(i) of lar to where prices were 1 month ago. If we had additional storage in place, the Federal Agriculture Improvement and In fact, the national trend in gas we could better ensure fair and con- Reform Act of 1996 (7 U.S.C. 7272(i)) is amend- prices, which tracks the price of crude, sistent prices for our consumers. This ed by striking ‘‘2012’’ and inserting ‘‘2018’’. has not moved much either. OPEC has week I talked to all of the major oil SEC. 1302. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR. not been jacking up their prices. We companies that own these refineries. It looks as though additional shipments (a) IN GENERAL.—Section 359b of the Agri- did not have a hurricane or even a bliz- cultural Adjustment Act of 1938 (7 U.S.C. zard that would affect supplies or from another pipeline are helping to 1359bb) is amended— prices. The increase has not been increase supplies. This should provide (1) in subsection (a)(1)— caused by a pipeline rupture or geo- some relief. (A) in the matter before subparagraph (A), political threats. Petroleum markets in Minnesota by striking ‘‘2012’’ and inserting ‘‘2018’’; and Rather, the price spike has resulted have reported the spot prices in the (B) in subparagraph (B), by inserting ‘‘at largely from the combination of a num- wholesale markets were down by 30 reasonable prices’’ after ‘‘stocks’’; and (2) in subsection (b)(1)— ber of refineries going offline for sched- cents, but that drop has not yet reached our consumers. I believe we (A) in subparagraph (A), by striking ‘‘but’’ uled and unscheduled maintenance after the semicolon at the end and inserting which serve the upper Midwest to pre- need an all-of-the-above plan to get se- ‘‘and’’; and pare for the summer fuel blend. I un- rious about building a new energy (B) by striking subparagraph (B) and in- derstand that refineries need to adjust agenda for America. This, of course, serting the following: their blends and occasionally perform means less dependence on foreign oil, ‘‘(B) appropriate to maintain adequate do- upgrades to protect worker safety and more domestic production of oil as we mestic supplies at reasonable prices, taking repair equipment. are seeing in North Dakota, natural into account all sources of domestic supply, But scheduled routine maintenance gas, and, of course, biofuels. It also including imports.’’. means tougher vehicle efficiency (b) ESTABLISHMENT OF FLEXIBLE MAR- should not be an excuse for major gaso- KETING ALLOTMENTS.—Section 359c of the Ag- line shortages and price spikes. Three standards that help cars to go farther ricultural Adjustment Act of 1938 (7 U.S.C. refineries in Indiana, Illinois, and Flint on a tank of gas. 1359cc) is amended— Hills, MN, currently are shut down for But my focus is on our immediate (1) in subsection (b)— maintenance or upgrade. A fourth re- problem. We need to get refineries up (A) in paragraph (1)— finery in Wisconsin is currently offline and running and get gas prices down so (i) in subparagraph (A), by striking ‘‘but’’ as they turn their productions over to we can all we begin to enjoy this sum- after the semicolon at the end and inserting summer fuel blend. A fifth refinery in mer. I look forward to continuing to ‘‘and’’; and work with the Department of Energy (ii) by striking subparagraph (B) and in- St. Paul Park, MN, remained down serting the following: longer than expected, but I understand and my colleagues on both sides of the ‘‘(B) appropriate to maintain adequate sup- that refinery is again operational. aisle to address the recent and unnec- plies at reasonable prices, taking into ac- The result of all these closures is essary spike in gas prices and prevent count all sources of domestic supply, includ- Minnesota and other parts of the Upper this from happening again. ing imports.’’; and

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.035 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3728 CONGRESSIONAL RECORD — SENATE May 22, 2013 (B) in paragraph (2)(B), by inserting ‘‘at ‘‘(3) TRANSFERS TEMPORARY.— tion system is broken. In fact, it is reasonable prices’’ after ‘‘market’’; and ‘‘(A) IN GENERAL.—Any transfer under this badly broken, and we need to fix the (2) in subsection (g)(1)— subsection shall be valid only for the dura- system. (A) by striking ‘‘ADJUSTMENTS.—’’ and all tion of the quota year during which the As I said a minute ago, we have a that follows through ‘‘Subject to subpara- transfer is made. proud history of immigration, legal im- graph (B), the’’ and inserting ‘‘ADJUST- ‘‘(B) FOLLOWING QUOTA YEAR.—No transfer MENTS.—The’’; and under this subsection shall affect the share migration. That is the tradition, the (B) by striking subparagraph (B). of the quota allocated to the transferor or history we need to get back to. Unfor- (c) SUSPENSION OR MODIFICATION OF PROVI- transferee for the following quota year.’’. tunately, right now we have a system SIONS.—Section 359j of the Agricultural Ad- (e) EFFECTIVE PERIOD.—Section 359l(a) of of wide open illegal immigration, al- justment Act of 1938 (7 U.S.C. 1359jj) is the Agricultural Adjustment Act of 1938 (7 most open borders in some cases and amended by adding at the end the following: U.S.C. 1359ll(a)) is amended by striking some areas, and that desperately needs ‘‘(c) SUSPENSION OR MODIFICATION OF PROVI- ‘‘2012’’ and inserting ‘‘2018’’. SIONS.—Notwithstanding any other provision to be fixed. Strike section 9008 and insert the fol- Having said that, I have real and fun- of this part, the Secretary may suspend or lowing: damental concerns with the so-called modify, in whole or in part, the application SEC. 9008. REPEAL OF FEEDSTOCK FLEXIBILITY of any provision of this part if the Secretary PROGRAM FOR BIOENERGY PRO- Gang of 8 bill, and they fall into five or determines that the action is appropriate, DUCERS. six big categories. I want to talk about taking into account— (a) IN GENERAL.—Section 9010 of the Farm each of those important categories in ‘‘(1) the interests of consumers, workers in Security and Rural Investment Act of 2002 (7 turn. the food industry, businesses (including U.S.C. 8110) is repealed. First and foremost, my biggest and small businesses), and agricultural pro- (b) CONFORMING AMENDMENTS.— my most fundamental concern, I think ducers; and (1) Section 359a(3)(B) of the Agricultural ‘‘(2) the relative competitiveness of domes- Adjustment Act of 1938 (7 U.S.C. 1359aa(3)(B)) the so-called Gang of 8 bill repeats mis- tically produced and imported foods con- is amended— takes of the past because, at its core, it taining sugar.’’. (A) in clause (i), by inserting ‘‘and’’ after is amnesty now, enforcement later, and (d) ADMINISTRATION OF TARIFF RATE the semicolon at the end; maybe never. We have tried that model QUOTAS.—Section 359k of the Agricultural (B) in clause (ii), by striking ‘‘; and’’ at the before. We have tried it several times Adjustment Act of 1938 (7 U.S.C. 1359kk) is end and inserting a period; and before, and it has never worked. amended to read as follows: (C) by striking clause (iii). The most clear example is the 1986 ‘‘SEC. 359k. ADMINISTRATION OF TARIFF RATE (2) Section 359b(c)(2)(C) of the Agricultural QUOTAS. immigration overhaul. That bill, at its Adjustment Act of 1938 (7 U.S.C. core, was the same model, amnesty ‘‘(a) ESTABLISHMENT.—Notwithstanding 1359bb(c)(2)(C)) is amended by striking ‘‘, ex- any other provision of law, at the beginning now and enforcement later, and maybe cept for’’ and all that follows through ‘‘ of of the quota year, the Secretary shall estab- 2002’’. never. In fact, much of that enforce- lish the tariff-rate quotas for raw cane sugar ment was never. That is why it didn’t Ms. STABENOW. Mr. President, for and refined sugar at no less than the min- work. The amnesty kicked in imme- the information of Members, we are imum level necessary to comply with obliga- diately, the millisecond the bill was tions under international trade agreements working to set up a vote later this that have been approved by Congress. signed into law. That was a powerful afternoon on this particular amend- message to invite more and more ille- ‘‘(b) ADJUSTMENT.— ment. I am working with Senator ‘‘(1) IN GENERAL.—Subject to subsection gal crossings across the border, more (a), the Secretary shall adjust the tariff-rate COCHRAN and his Republican colleagues and more illegal immigrants into the quotas for raw cane sugar and refined sugar in order to set up that vote. country. That part of the bill, that part The PRESIDING OFFICER. The Sen- to provide adequate supplies of sugar at rea- of the message, was heard loudly and ator from Louisiana. sonable prices in the domestic market. clearly. The promises of enforcement ‘‘(2) ENDING STOCKS.—Subject to para- Mr. VITTER. Mr. President, I ask never fully materialized. Many of them graphs (1) and (3), the Secretary shall estab- unanimous consent to speak as in lish and adjust tariff-rate quotas in such a never materialized at all. morning business for up to 15 minutes. What happened when you had that manner that the ratio of sugar stocks to The PRESIDING OFFICER. Without combination of immediate amnesty total sugar use at the end of the quota year objection, it is so ordered. will be approximately 15.5 percent. with promises of enforcement that IMMIGRATION REFORM ‘‘(3) MAINTENANCE OF REASONABLE PRICES never materialized? Again, you at- AND AVOIDANCE OF FORFEITURES.— Mr. VITTER. Mr. President, I come tracted more illegal crossings, and you ‘‘(A) IN GENERAL.—The Secretary may es- to the floor to discuss a very important had no capability or will to do any- tablish a different target for the ratio of end- topic and one that itself is coming to thing about them. ing stocks to total use if, in the judgment of the Senate floor soon. That is the prob- the Secretary, the different target is nec- The promise then was we are going to lem of illegal immigration and pro- have to do this once; the system will be essary to prevent— posals for so-called comprehensive im- ‘‘(i) unreasonably high prices; or fixed; we will never have to look back. ‘‘(ii) forfeitures of sugar pledged as collat- migration reform. Specifically, of We will never have to look in the rear- eral for a loan under section 156 of the Fed- course, the Gang of 8 bill, as it has view mirror. The problem will be eral Agriculture Improvement and Reform been dubbed, is being reported out of solved. Act of 1996 (7 U.S.C. 7272). the Judiciary Committee. We will be What happened? Well, we all know ‘‘(B) ANNOUNCEMENT.—The Secretary shall debating that bill, and hopefully a lot the problem wasn’t solved. In fact, the publicly announce any establishment of a of important amendments to it soon, in problem simply wasn’t continued, the target under this paragraph. June, on the floor. ‘‘(4) CONSIDERATIONS.—In establishing tar- problem was quadrupled. What were 3 iff-rate quotas under subsection (a) and mak- Let me say at the outset, I think million illegal immigrants then were ing adjustments under this subsection, the there are at least a couple of things we mostly made legal. But that number 3 Secretary shall consider the impact of the can all agree on. No. 1, I think we can million quadrupled, and now today we quotas on consumers, workers, businesses all agree that the United States is an have 11, 12 million illegal immigrants, (including small businesses), and agricul- immigrant nation with a proud history some think more. tural producers. of immigration—legal immigration. It That, at its core, is the Gang of 8 bill, ‘‘(c) TEMPORARY TRANSFER OF QUOTAS.— is absolutely one of the core features of and immediate amnesty, promises of ‘‘(1) IN GENERAL.—To promote full use of the tariff-rate quotas for raw cane sugar and our Nation that makes us unique and enforcement. That is not good enough, refined sugar, notwithstanding any other that makes us strong. So I wish to say particularly when we have decades— provision of law, the Secretary shall promul- that upfront, very proudly, very decades—the Federal Government, Re- gate regulations that provide that any coun- strongly. I support that tradition, that publicans and Democrats, who have try that has been allocated a share of the history of being an immigrant nation. promised us before and have never ever quotas may temporarily transfer all or part All of us are the children of immi- delivered. The American people say we of the share to any other country that has grants—not a question of if, it is just a will trust but we want to verify. Trust also been allocated a share of the quotas. question of when, because that is the but verify. We need to see this enforce- ‘‘(2) TRANSFERS VOLUNTARY.—Any transfer under this subsection shall be valid only on nature of America. That goes to the ment in action before we move on to voluntary agreement between the transferor core of our strength. anything else. and the transferee, consistent with proce- No. 2, the other thing I think we can In fact, in some ways this Gang of 8 dures established by the Secretary. all agree with is our present immigra- bill is worse in terms of that basic

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.006 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3729 model than previous versions such as priority. That is exactly how the 9/11 benefits we are going to have to pay 1986. If you look at page 70 of the bill, terrorists got into our country and out, $9.4 trillion. it actually has a period of an enforce- overstayed their visas. It doesn’t do These folks being legalized would pay ment holiday, so 21⁄2 years of a pure en- any of that. Again, there is an enforce- some taxes into the system, which they forcement holiday. Not only is this am- ment holiday for 21⁄2 years and no bor- do not pay now, and that would be $3.1 nesty now and enforcement later, it der security now before the amnesty trillion. When you subtract 3.1 from may never apply to folks who are in kicks in. 9.4, that obviously doesn’t net out to the country illegally now. They can No. 3, I am very concerned that we zero. That is a net increase in the def- keep coming. The message will be sent will continue the present status quo, icit, increased cost to the government, out, and they can come the day after which is significant benefits being to society, to the taxpayer, of $6.3 tril- the bill passes, the week after the bill available to these immigrants, which lion net. That is a serious impact on passes, the year after the bill passes, 2 act as a magnet to incent other illegal these budget and fiscal issues we are years after the bill passes, and it is immigrants to come into the country. already very concerned about. part of the same amnesty. They would The so-called Gang of 8 made all sorts The Robert Rector study is very get the benefits of that amnesty as of promises about certain promises not credible, it is very detailed. I have seen well. That enforcement holiday, 21⁄2 kicking in until full citizenship is no comparable study in terms of the years, makes that combination of a big granted down the road. Many benefits detail of the analysis. I would chal- amnesty now, with promises of an en- would kick in immediately, certainly lenge anyone who cares about this forcement later, even more potentially participation in the Social Security issue, wherever they are coming from, disastrous. system, certainly all those Social Se- to put up any other study that can The second big problem I have with curity benefits, and their loopholes compete with the Rector study in the bill as it is currently put together about these benefits. I think many ille- terms of detail and analysis. I think is it doesn’t enforce the law, and it gal immigrants will clearly gain access currently that is the last and final doesn’t enforce the border, particularly to public benefits far sooner than any word on costs of the bill. the troublesome southern border with 13 years as advertised. That is another Two final points. A fifth big concern Mexico. It doesn’t enforce other en- serious weakness of the bill. I have about the bill is I believe this forcement provisions. It doesn’t actu- Fourth, I am very concerned about bill is very unfair to legal immigrants ally guarantee that those are put into the cost of this bill. Authors of this bill and folks who are waiting in line in the place and executed in an effective way. have been very clever. They saw that legal immigration system now. It puts The proponents of the bill talk about cost issue coming, and they devised the some people—not everybody who would so-called triggers in the bill before the bill so the big costs of the bill are out- be made legal, but some people—ahead amnesty, before the new legal status is side the 10-year budget window. Why is of them in line and dishonors the fact granted. When you look hard at what that important? Well, not to get into that these would-be legal immigrants the triggers are, they are triggers on a the weeds, but it is very important be- are following the rules now and fol- toy plastic gun, not real triggers in cause CBO scores legislation primarily lowing the law now. any meaningful sense of the term. The on its impact on taxes and spending in Sixth and finally—and this is no triv- triggers basically narrow down to two the first 10 years. The authors of the ial matter—I am very concerned that things. First of all, the Secretary has bill were very careful, very clever in this would depress wages in the United to submit two reports, two plans. The devising a bill that would look OK in States for many hard-working Ameri- Secretary of Homeland Security has to the first 10 years with regard to cost. cans, legal immigrants, others who submit plans or reports, a so-called After that first 10-year window, the have followed the law who are working comprehensive ‘‘southern border secu- costs explode and none of that will be hard in a very tough economy now. I rity strategy,’’ so she has to submit a reflected by this CBO score. think it would depress the general strategy. Great. This was promised for We have seen this movie before, be- wage situation and make that more three decades but now she has to sub- cause this is exactly the same approach difficult for them to deal with. mit a strategy, a piece of paper and a to CBO scoring and costs of legislation, The PRESIDING OFFICER. The Sen- southern border fencing strategy, so exactly the same approach the pro- ator’s time has expired. that is one trigger. ponents of ObamaCare put forward. Mr. VITTER. In closing, I urge all The other triggers are certification They were very clever to push many of my colleagues to look carefully at that the border strategy is ‘‘substan- the costs in the outyears beyond the these and other concerns and try to ad- tially deployed’’ and ‘‘substantially first initial scoring window, and that is dress them fully, directly, completely, operational.’’ why they were able to wave CBO scores on the Senate floor. What is the problem with that? Two around to somehow suggest this would Mr. President, I yield the floor. things. Who the heck knows what ‘‘sub- help lessen the deficit. It is perfectly The PRESIDING OFFICER. The Sen- stantially deployed’’ means and, No. 2, clear now, ObamaCare is not going to ator from Michigan. even more troublesome, do you know make our fiscal situation better, it is Ms. STABENOW. Mr. President, as who has to certify that? The Secretary going to make it far worse and far we continue debate on the Agricultural of Homeland Security, who has not more onerous. Reform, Food and Jobs Act, I want to been effective at enforcement to date I believe exactly the same thing is remind my colleagues how important in any way, shape, or form. Those so- true with this bill in terms of the this bill is for our economy and for the called triggers are absolutely meaning- costs, and I believe the proponents of 16 million people whose jobs rely on ag- less. the bill, quite frankly, have gamed the riculture. When we go home at night The bill doesn’t require a fence, as is system in the same way to hide those and sit down at the dinner table, it is actually required under present law, so costs, given the way CBO scores legis- because those 16 million people have we are weakening that. We are walking lation. worked hard to make sure we had safe, away from that. It weakens current In contrast to that, there is an objec- affordable food on the table. They are law regarding border security. Oper- tive study of the full costs of the bill, the men and women who farmed the ational control is the standard now, and that is a study by Robert Rector of land. They are also the people who and that is being weakened, changed to the Heritage Foundation. He went into manufacture and sell the farm equip- effective control. It doesn’t require a extreme detail tracking the full costs ment, the people who ship the crops biometric data system for entry and and fiscal benefits of the bill. His con- from one place to another, the people exit screening. That has been pushed clusion was that the full costs of the who own the farmers markets and the by Congress since 1996. Congress start- bill are $6.3 trillion over the full life local food hubs, the people who work in ed mandating this in 1996, and it was and the full impact of the bill, $6.3 tril- processing and crop fertility, not to one of the prime recommendations of lion, with a T. He concluded that the mention the researchers and the sci- the 9/11 Commission, full deployment bill, because of all the folks it would entists who work hard every day to of the US–VISIT system. The 9/11 Com- legalize, would kick in $9.4 trillion in fight pests and diseases that threaten mission said that needs to be a high benefits. There are more government our food supply.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.038 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3730 CONGRESSIONAL RECORD — SENATE May 22, 2013 I want to talk specifically for a few historic agreement, and others deserve get a bill to pay. We share in that cost moments about the work we are doing credit. As much as I certainly would to make sure there is a discount so in the conservation title of the farm like to take credit for this, or I am they can afford the bill, but they get a bill. Our farm bill improves 1.9 million sure Senator COCHRAN would—and we bill. They do not get a check. The only acres for fish and wildlife habitat. This certainly were very supportive in en- farmers last year who needed disaster is about jobs as well. Healthy wildlife couraging this—the agreement came assistance were the ones who can’t par- habitats, clean fishable waters, are not about from a group of people working ticipate in crop insurance, which we fix only good for our environment, but together. in this farm bill. they also support hunting, fishing, and I know a number of my colleagues We address permanent livestock dis- all of our other outdoor recreation that are planning to talk about amend- aster assistance. They do not have ac- benefits our economy and creates jobs. ments on crop insurance. Some have cess to the same crop insurance. We ad- In fact, outdoor recreation supports already been on the floor talking about dress farmers, such as my cherry grow- over 6 million jobs in our United amendments. I know a number of col- ers, who were wiped out when it got States. leagues voted for some of those amend- warm in the spring and then froze In this farm bill we are including a ments the last time around, but this again and completely wiped out the new historic agreement around con- conservation agreement puts us in a cherries. They do not have crop insur- servation—the most powerful conserva- very different situation this year. For ance now. They need some extra help. tion work in decades. It is truly amaz- one thing, we want to make sure the In this farm bill we are giving them ac- ing what can happen when people actu- biggest landowners who control the cess to crop insurance, which is the pri- ally sit down and listen to one another most acres are using crop insurance. mary risk management tool for farm- and work together. If farmers want to Crop insurance is voluntary. Prior to ers. participate in title I commodity pro- crop insurance, there were subsidies Producers purchase crop insurance so grams, including the current Direct and then ad hoc disaster assistance. they are protected when there is a dis- Payments Program, they must take Now we are encouraging them to pur- aster, but if we weaken crop insurance, steps to use best conservation practices chase crop insurance, and we want resulting in premium hikes of as much on their land when it comes to highly them to have it, which means now they as 40 percent on small farmers, we are eroded soil and wetlands. This has been would need to use conservation prac- going to be going back to the days of the case for many years. tices to preserve sensitive lands and ad hoc disaster assistance, something Of course, the Agriculture Reform, wetlands on those largest tracts as well we cannot afford in today’s tight budg- Food and Jobs Act we are debating now as small tracts. et climate. So amendments that weaken crop in- eliminates those subsidies. Finally, we need to keep this historic Instead, we are strengthening crop surance would reduce the number of agreement in place through the con- insurance, which farmers need to pur- farmers participating in crop insur- ference committee. We owe that to the chase, and we are making market-ori- ance, raising premiums for family folks who sat down and worked out this ented reforms to the commodity pro- farmers and reducing the environ- agreement. So I ask colleagues to grams. But here is the issue: If we mental impact and the environmental stand with the 34 different organiza- eliminate direct payment subsidies, we benefits of this historic conservation tions that came together—and I ask agreement. With this new agreement, don’t want to create unintended con- unanimous consent to have printed in the math is very simple: The more sequences by not having that link any the RECORD the names of the groups in acres that are in crop insurance, the longer. It is important for all of us that the coalition that put this together. more we have environmental and con- sensitive lands be managed in the best There being no objection, the mate- servation benefits. rial was ordered to be printed in the possible way. That is how we avoided My dear friend from Illinois came to RECORD, as follows: having a dust bowl during the the floor a while ago and said: The ma- droughts. It is important for us to con- GROUPS IN CONSERVATION COMPLIANCE jority of crop insurance is with a small COALITION tinue protecting wetlands, which help number of farmers. Well, that is true. prevent flooding and are important to American Association of Crop Insurers, The larger the farm, the more one American Farm Bureau Federation, Amer- wildlife habitats for ducks and other would use crop insurance. It is just like waterfowl. ican Farmland Trust, American Society of saying anybody who buys insurance for Agronomy, American Soybean Association, Commodity groups and conservation a bigger home has more insurance than American Sugar Alliance, Association of groups were on different sides of this the smaller home. Bigger businesses— Fish and Wildlife Agencies, Audubon, Crop issue for a long time. They looked at manufacturers—probably buy the big- Insurance and Reinsurance Bureau, Crop the issue from vastly different view- gest part of insurance rather than Science Society of America, Ducks Unlim- points, and they didn’t agree on the small businesses. I am not sure what ited, Environmental Defense Fund, Land Im- best approach. They could have fol- provement Contractors of America, National the point is of saying that. Of course, Association of State Conservation Agencies, lowed the very typical Washington we have large farmers buying more playbook. They could have gone to National Association of Conservation Dis- crop insurance than small farmers. We tricts, National Association of Resource Con- their corners, fired off e-mails and want to make sure we have the envi- servation and Development Councils, Na- press releases, brought the lobbyists in ronmental and conservation benefits tional Bobwhite Conservation Initiative. and demonized each other. But that is on those large farms just as on smaller National Conservation District Employees not what happened. farms. Association, National Corn Growers Associa- Like farmers and families across the Here is another reason my colleagues tion, National Cotton Council, National country, they sat down together should reevaluate these amendments, Council of Farmer Cooperatives, National Farmers Union, National Wildlife Federa- around a table and did something we and I would encourage, as they come don’t do enough. They listened to each tion, Pheasants Forever, Pollinator Partner- before us, that we vote no. This chart ship, Quail Forever, Soil and Water Con- other. They listened and tried to see shows the counties that were declared servation Society, Soil Science Society of the other’s viewpoint and they came to disaster areas last year. An awful lot of America, Southern Peanut Farmers Federa- understand one another. It turned out red. And 2012 was one of the worst tion, Theodore Roosevelt Conservation Part- their differences weren’t so great after droughts on record ever in the United nership, The Nature Conservancy, USA Rice all. With a little compromise and a lot States. Federation, Wildlife Mississippi, World Wild- of hard work these groups were able to In the past, in situations such as this life Fund. come together with a plan that con- we would have passed ad hoc disaster Ms. STABENOW. Mr. President, we serves soil and water resources for gen- assistance for the corn growers, the need to make sure our colleagues in erations to come and protects the safe- wheat growers, the soybean growers, the House, as well as in the Senate, ty net on which our farmers rely. and the other crop farmers. But we stand with all of these groups who This has been called the greatest ad- didn’t have to do that because crop in- worked hard to compromise and forge vancement in conservation in three surance works. this very historic constructive agree- decades. I want to underscore for my Crop insurance is not a subsidy. ment. If we want to preserve conserva- colleagues that this is an important When people have crop insurance they tion wins we have in this farm bill, we

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.039 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3731 need to support the farmers, the envi- port of initiative 522 to label geneti- There is strong precedent for labeling ronmentalists, and the conservation- cally engineered foods in that State. In GMOs. The FDA already required the ists who have made it very clear this fact, according to a recent poll done labeling of over 3,000 ingredients and agreement is something they stand be- earlier this year, approximately 82 per- additives. If you want to know if your hind. We should not be weakening crop cent of the American people believe la- food contained gluten, aspartame, insurance or making it harder for large beling should take place with regard to high-fructose corn syrup, trans fats or producers, who have the majority of genetically engineered ingredients. MSG, you simply read the ingredient the land we want to conserve, to have All over this country people are in- label. Millions of people every day look less of an incentive to participate in creasingly concerned about the quality at labels: How many calories are there the program. of the food they are ingesting and the in the food? What are the ingredients Let me just say—and I know my col- food they are giving to their kids. Peo- in the food? This simply does what we league from Vermont is here to speak ple want to know what is in their food, have been doing as a nation for many as well—that I want to thank again the and I believe that is a very reasonable years, only right now Americans are 34 organizations—everyone from the request. not afforded the same right for GE American Farm Bureau Federation, What I am proposing today—the foods. the American Soybean Association, the amendment I am offering—is certainly Monsanto and other companies claim Audubon Society, Ducks Unlimited, not a radical concept. In fact, the re- there is nothing to be concerned about the Environmental Defense Fund, Na- quirement of labeling genetically with genetically engineered food. Yet tional Wildlife Federation, National modified food exists today in dozens FDA scientists and doctors have Cotton Council—and right on down the and dozens of countries throughout the warned us that GE foods could have line—the National Farmers Union, Na- world, including our closest allies in new and different risks, such as hidden ture Conservancy, World Wildlife Fund, the European Union, including Russia, allergens, increased plant toxin levels, and USA Rice Federation. Australia, South Korea, Japan, Brazil, and the potential to hasten the spread This is an incredible coalition, and it China, New Zealand, and other coun- of antibiotic-resistant disease. speaks very loudly both to the fact we tries. So this is not some kind of new This is a pretty simple amendment. need to keep in place the No. 1 risk and crazy idea. In fact, it exists all It basically says the American people management tool for our growers but over the world. have a right to know what they are that we need to also make sure they At a time when many of my col- eating. This is legislation I know the are providing the conservation prac- leagues express their strong conviction people of Vermont, I gather the people tices to protect our soil and our water about States rights and that States of Connecticut, and I think people all which is so critical for the future—for should be allowed to have increased re- over this country would like to see our children and grandchildren. sponsibilities, this amendment should agreed to. I ask for its support. I yield the floor. be supported by those people who, in There are a couple of other amend- The PRESIDING OFFICER. The Sen- fact, believe in States rights. The rea- ments I would like to briefly discuss, ator from Vermont. son for that is when the State of Mr. SANDERS. Mr. President, let me having to do with SNAP. One of them Vermont and other States go forward deals with the need for seniors to be begin by congratulating Senators STA- in passing legislation to label geneti- better able to access SNAP. It is no se- BENOW and COCHRAN for their hard cally modified food, they have been cret that in our country today, mil- work on this very important piece of threatened by Monsanto and other lions of seniors are struggling to get by legislation, especially for rural States large biotech companies with costly on limited incomes. The result of that such as Vermont, but I guess for every- lawsuits. So States are going forward, is that after they pay their prescrip- body who eats, which is the majority of doing what they think is proper for tion drug costs or their rent or their the people in our country, I would their own people, and then Monsanto utilities, they do not have enough imagine. and other very large biotech companies money to spend on food. It is estimated I want to spend a few minutes talk- are coming forward and saying: We are that some 1 million seniors are going ing about some important amendments going to sue you. I am offering. I think one of them—the Now, Monsanto is arguing, as one of hungry in the United States of Amer- amendment I will talk about first—will the major grounds for their lawsuit— ica. That is something we should be be coming up for a vote either later to- which I believe is absolutely incor- embarrassed about and an issue we night or tomorrow, and that deals with rect—that States do not have the right should address as soon as possible. the right of States to label genetically to pass legislation such as this; that it Clearly, the toll that inadequate nu- engineered food. That is amendment is, in fact, a Federal prerogative and trition has for seniors impacts their No. 965. not something a State can legally do. overall health. My strong guess is that This year, the Vermont State House I believe very strongly that Mon- this amendment will end up saving us of Representatives passed a bill by a santo is wrong, but that is precisely money because when seniors get good vote of 99 to 42 requiring that geneti- what this amendment clarifies. nutrition, they are less likely to fall, cally engineered food be labeled. I can Today we have an opportunity with break their hips, end up in the emer- tell you with absolute certainty the this amendment to affirm once and for gency room, end up in the hospital. people of Vermont want to know what all that States do have the right to I think from a moral perspective, is in their food and are extremely sup- label food that contains genetically en- from a cost perspective, we want to portive of what the State legislature gineered ingredients. make sure all seniors in this country, has done. But this is an issue certainly Let me briefly tell you what is in regardless of their income, have the not just limited to Vermont. this amendment. This amendment nutrition they need. Yesterday, as I understand it, the finds that the 10th Amendment to the SNAP plays a crucial role in our Connecticut State Senate, by an over- Constitution of the United States country in reducing hunger. In 2011, whelming vote of 35 to 1, also passed clearly reserves powers in the system SNAP raised nearly 5 million people legislation to require labeling of ge- of federalism to the States or to the out of poverty. But here is the main netically engineered food. In Cali- people. This amendment finds that point I wish to make: Only 35 percent fornia, our largest State, where the States have the authority to require of eligible individuals over age 60 par- issue was on the ballot last November, the labeling of foods produced through ticipated in SNAP in 2010. In other 47 percent of the people there voted for genetically engineering or derived from words, there are many seniors out labeling, despite the biotech industry organisms that have been genetically there who could benefit from SNAP but spending over $47 million in a cam- engineered. for a variety of reasons, one of which I paign in opposition to that proposition. Furthermore, this amendment re- am addressing right now, they do not That is an enormous sum of money, quires that 1 year after the enactment participate. and yet 47 percent of the people voted of this act, the Commissioner of the As you may well know, the SNAP ap- for labeling of GMOs. FDA and the Secretary of Agriculture plication process can be confusing and In the State of Washington, some shall undertake the necessary regula- cumbersome for many households, es- 350,000 people signed a petition in sup- tions to carry out this amendment. pecially for seniors. Individuals apply

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.041 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3732 CONGRESSIONAL RECORD — SENATE May 22, 2013 for SNAP sometimes by visiting an ap- apply. The USDA and advocacy groups bill by Senator SHAHEEN. This impor- plication center, which is a challenge have identified children as a key prob- tant amendment would begin a reform for people with mobility issues. If you lem in the administration of SNAP process that deals with a complicated are a senior and not able to get out of benefits. Having people reapply who and burdensome program that artifi- your home, if you cannot afford trans- never should have been dropped from cially raises sugar prices in the United portation, getting to that center can be the benefit in the first place adds to States. For nearly three-quarters of a very difficult. the caseload burden. century now, American businesses and It is also challenging when dealing Tracking the information is only a consumers have paid a premium price with an application over the telephone first step. Then we must find solutions for sugar. This inflated price is due to if you are hard of hearing—which clear- to reduce the problem so people do not a tangled web of price manipulation, ly many seniors are. At the same time, lose their benefits, whether that be im- stringent import quotas and tariffs. the complicated interview process proved training, clearer forms and no- The net effect has been that Americans costs local, State, tribal, and Federal tices or simpler recertification proc- are paying as much as twice the world governments additional administrative esses. These improvements will reduce market base price for sugar. dollars. hunger by making sure people get the We all realize the amount of sugar The SNAP amendment I am offering benefits for which they are eligible and that is used in a number of products is pretty simple. It will help alleviate which they so desperately need. across the United States, but let me hunger by allowing seniors to more The last issue I briefly wish to touch bring this down specifically to what easily apply for and access SNAP bene- on deals with the need for the USDA to impact it has on some of the confec- fits in order to reduce barriers for sen- help us understand, through a study, tioners in my home State. Albanese iors applying for SNAP. the impact that global warming is hav- Confectionary Group, Inc, is a re- This amendment proposes to do the ing on agriculture. We all know we are nowned Indiana-based manufacturer of following. It allows States to deputize, looking at record-setting droughts in a number of products that use a lot of which in this case means to certify Australia, Brazil, and locations in sugars, including chocolates and nonprofit organizations and area agen- America. U.S. cities matched or broke Gummi bears—they call it the World’s cies on aging that are meeting with at least 29,000 high-temperature Best Gummies—and a lot of other con- seniors directly and helping them with records last year. Ice-free Arctic sum- fections. Their estimate is that they their SNAP application to conduct the mers will be with us within a couple of would save $3 trillion annually if they interview on behalf of the State. The years. That is the reality of the mo- were able to buy sugar at the world State agency would still determine eli- ment. price. gibility. The impact of global warming clearly Lewis Bakeries, headquartered in Further, States would have the flexi- will be felt far and wide, but farmers Evansville, IN, is one of the few re- bility to deputize only the agencies across the country are among those maining independent bakeries in our that have the capacity to fulfill the who will suffer the most. Warmer tem- State and in the Midwest and is the State’s interview requirements on peratures, water shortages and largest wholesale bakery we have. Arti- their behalf. This amendment does not droughts and other extreme weather ficially high prices for Lewis Bakeries waive any documentation requirements disturbances will force producers to contributes directly to higher food and or ease any other requirements. Eligi- alter practices, change crops, and beverage costs that weigh down family bility for the benefits must still be spend more money to sustain their op- budgets. Even larger companies such as verified. What it does do is reduce du- erations. Kraft Foods, which has a marshmallow plication of effort and ease the burden This amendment simply asks the and caramel plant in Kendallville, IN, on vulnerable families and seniors for USDA to do a study to provide us with knows that phasing out the Sugar Pro- whom it is a challenge to travel to a a better understanding of how chang- gram would enhance the competitive- State office or wait for days at a ing climate will impact agriculture ness of U.S. sugar manufacturers. friend’s house who has a phone to make across the country and help farmers Why is that important? Because a call. plan and adapt to those changes. It will these sugar prices for those in this All this is doing is saying: If we want help local communities and States business of using large quantities of to make sure seniors stay healthy, get make critical adjustments now, and it sugar is driving them offshore. They the nutrition they need, stay out of the will reduce the vulnerability of the en- are moving to Canada, they are moving emergency room, stay out of the hos- tire agriculture sector to the damaging to Mexico, they are moving to other pital, let us make it easier for them to consequences of climate change. places where they then can buy the take advantage of the programs that We think this is an important most important ingredient for their are currently available. In this case, amendment. State farmers need to product at world market prices and the SNAP eligibility process for seniors have the information about what sci- save a great deal of money. is pretty complicated and sometimes entists believe will be happening, the I encourage my colleagues to support people who want to be in the program work they are doing for years to come. the Shaheen amendment. It promotes simply are unable to do that. I hope we I ask for support for that amendment. jobs, fights consumer price inflation. It could have support for that amend- In the past we have successfully of- reduces the level of government inter- ment. fered an amendment on community ference in private markets. I think we The other SNAP amendment deals gardens. In Vermont, now schools, should be pursuing policies that allow with an equally important issue of peo- communities are working on gardens the free market to determine the cost ple who are wrongfully dropped from all over the State. We had a national of sugar rather than this complicated the SNAP, often due to an administra- program passed last year as well. This web of tariffs and regulations and oth- tive error. The current system is ineffi- would simply expand that program to ers that protect that price. cient. We are spending government allow schools and communities to en- This amendment does not accomplish money that should be going to help gage with limited help from the Fed- all of that, but it goes a long way to- people buy food and instead we are eral Government in community gar- ward beginning the process of spending it on paperwork and bureauc- dens, teaching kids about the foods unwinding this and making our compa- racy. Improvements I am proposing they are eating and about agriculture. nies more competitive around the will help alleviate hunger as fewer peo- It is a very inexpensive concept, which world. ple will go without the benefits they has been working very successfully and I would like to take a moment to ad- need, and State and Federal resources I think needs to be expanded. dress another issue with the farm bill. will be used more effectively. I yield the floor. Senator DONNELLY and I are cosponsors My amendment requires the USDA to The PRESIDING OFFICER. The Sen- of a bill called planting flexibility. We track information from States on the ator from Indiana. are hoping this provision we have of- problem of churn. That is the term Mr. COATS. Mr. President, I rise to fered will be included in the managers’ used when eligible people are dropped offer my support for the sugar reform amendment. I appreciate all the work from the program and then must re- amendment being offered on the farm that has been done behind the scenes to

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.048 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3733 address this important issue. Planting What we saw last week is further jus- to drama. We wait for the fiscal cliff flexibility simply allows farmers to re- tification for the American people’s and debt limit deadlines, and then we spond to market signals when making deeply disturbing distrust of govern- enact far short from what we need to their planting decisions, rather than ment. Under this current administra- do with legislation that is often flawed, following requirements to grow a par- tion, there has been a pattern of mis- such as the across-the-board sequestra- ticular crop to participate in govern- leading the American people and there tion policy. None of this remotely ment programs. has been a culture of intimidation to- solves the problem we face. For example, Hoosier tomato farmers ward those who disagree with their In a recent Gallup poll, when asked were restricted on where they could policies. what they would like Congress and the plant their crop. Red Gold, a family- We saw it when the administration President to address, 86 percent of the owned and operated tomato business in misled the American people with the American people named creating jobs Elwood, IN, estimates that roughly 50 events in Benghazi, and we saw it when and growing the economy. From Fort percent of its tomatoes are now grown the administration avoided letting peo- Wayne to Evansville and from Gary to on flexible acres. Red Gold produces a ple know about the IRS targeting con- Jeffersonville, Hoosiers tell me they whole number of tomato products that servative groups. Whether it is the want Congress to bring growth and cer- are sold all over the United States and, IRS, Benghazi, or other issues we have tainty to our economy and create in fact, all over the world. become aware of in the last few weeks meaningful jobs for the underemployed Allowing this flexibility, again, is a and months, they call into question the and unemployed. free-market-based choice which pro- integrity of this administration. The As we address the issues before us, ducers can follow based on supply and American people deserve straight talk let’s not forget about this major debt demand. It gives them the flexibility and the truth as to what happened crisis which faces our country and im- they need to address crops outside the rather than the mischaracterization or pacts every American. Let’s not forget coverage of this particular bill. lack of revelation of what has hap- about those Americans who are looking I think both of these measures are pened. for work and cannot find it, or those commonsense, market-driven reforms Through calls, emails, and letters, I who have been forced into part-time that I hope will be included in the farm am hearing from concerned Hoosiers jobs which will not begin to be enough bill, and I ask that my colleagues sup- who are outraged with what they see to support a family. Let’s not become port them. taking place in Washington. Given the distracted and drop the ball on tack- Mr. President, unless the ranking headlines they have seen in the last ling these issues because the daily member on the Agriculture Committee few weeks, they have every right to be needs the time, and since no one else is headlines are simply pointing to some- concerned. on the floor, I would be remiss in not thing else. The only way to eliminate this cur- The best way we can restore the trust speaking a little longer. If I could speak as if in morning busi- rent trust deficit in Washington is to deficit in this country is to do our job ness, I wish to do so. hold people accountable, get complete here, make the tough decisions we The PRESIDING OFFICER (Mr. answers, and make changes to ensure know we need to make, and address our COONS). Without objection, it is so or- this abuse of power and misinformation greatest challenge. dered. which is coming out of this administra- We must come together on a credible, OKLAHOMA TRAGEDY tion will not continue. We need to con- long-term plan to reduce our debt and Mr. COATS. Mr. President, the first tinue with these ongoing investiga- put our country back on a path toward thing I want to do is extend our sincere tions until we get answers and deter- growth and job creation. The future of regrets over the tragedy which oc- mine who is responsible. our country depends upon it. Each of curred in Oklahoma. Sincere thoughts In the midst of these investigations, us, starting with the President, has a and prayers are coming from many let me state there is another scandal moral obligation to address this most Hoosiers for those people who have suf- we must not overlook, and that is the critical issue. I hope we will be willing fered greatly. ongoing chronic debt and unemploy- to stand up and do this. Last year we had a serious tornado ment crisis. Yes, we have other issues. We have roar through southern Indiana along a Four-and-a-half years after the end of the farm bill, which we need to address. 50-mile path. Fortunately, we didn’t an admittedly deep recession, the fact We will be talking about immigration have the level of destruction they had that 22 million Americans are either a week after we come back from the in Oklahoma City. But having been unemployed or underemployed is a break. We will be holding investiga- there and viewed the destruction of scandal. More than $16.8 trillion of tions and looking into some of these that tornado in Indiana and the impact debt, with its impact on future genera- scandals that have surfaced over the it had on the lives of so many people tions, is a scandal. Borrowing $40,000 last few weeks, but we still have not fo- and then comparing it with what hap- per second and saddling each child born cused on the real problem here. pened in Oklahoma, it certainly brings today in America with over $50,000 of While we have to do these other home the nature of this tragedy. When- debt is a scandal. These numbers are tasks, let us not forget what the real ever Mother Nature’s vicious wrath not partisan or political, they are the challenge is before us: restoring eco- strikes, it not only tears apart homes facts. Those are the facts that this nomic growth and creating jobs. We but families. body, as well as this administration, owe it to the American people. During these times of tragedy—such have to deal with because we are ca- With that, I yield the floor. as what I witnessed in southern Indi- reening on an unstable fiscal path The PRESIDING OFFICER. The Sen- ana and what we are witnessing on tel- which will bankrupt the critical pro- ator from Mississippi. evision as we watch what is happening grams our seniors and retirees depend Mr. COCHRAN. Mr. President, I sug- in Oklahoma—we see the extraordinary on and rob them of the benefits they gest the absence of a quorum. heroism, generosity, volunteerism, and have been promised. The PRESIDING OFFICER. The resolve of the American people to pitch We are seeing meager gains in jobs clerk will call the roll. in and help. only to find out more and more Ameri- The legislative clerk proceeded to I ask all Hoosiers to keep our friends cans are being forced from full-time call the roll. in Oklahoma in their hearts and pray- employment to part-time employment. Ms. STABENOW. Mr. President, I ask ers and to help wherever we can. In April alone, nearly 280,000 Ameri- unanimous consent that the order for JOBS AND DEBT cans involuntarily entered into part- the quorum call be rescinded. Mr. President, in the last few weeks time employment. At the same time, The PRESIDING OFFICER. Without there has been scandal after scandal the average work week and weekly objection, it is so ordered. unfolding in Washington. Obviously take-home pay continues to decline. UNANIMOUS CONSENT AGREEMENT—S. RES. 65 this is a difficult period for the current These two issues—our debt crisis and Ms. STABENOW. Mr. President, I ask administration, but more importantly, our jobs crisis—should consume the unanimous consent that notwith- it has resulted in a difficult time for work of this Congress and this adminis- standing the previous order, the Senate our Nation. tration. Instead, we careen from drama begin consideration of S. Res. 65 at 3:45

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.049 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3734 CONGRESSIONAL RECORD — SENATE May 22, 2013 p.m.; that there be 50 minutes for de- don’t grow enough ourselves to meet programs on all of our consumers—and bate, that the Republicans control 30 the demand, when we hit that quota, as I say, everybody consumes sugar—is minutes and the majority control 20 we do, in fact, impose that huge tariff that we pay, on average, about 30 per- minutes, and that of the majority’s on the additional sugar we need to buy. cent more than the world market price time, Senator MENENDEZ control 15 But that is not all we do to subsidize for sugar. That is what we are doing to minutes and Senator BLUMENTHAL con- these handful of growers at the expense our consumers now. By the way, that is trol 5 minutes; that all other provi- of American taxpayers and consumers. separate and apart from the cost to sions under the previous order remain Another program we have is an exten- taxpayers. That is just what consumers in effect; and that upon disposition of sive loan program where ultimately are forced to pay. S. Res. 65 the Senate resume consider- the taxpayer lends money to sugar pro- Now, does that have the effect of ation of S. 954; that there be 2 minutes ducers, and it is a ‘‘heads-I-win, tails- maybe protecting a handful of jobs for debate equally divided in the usual you-lose’’ program for the sugar pro- among sugar growers? It probably does. form and the Senate immediately pro- ducer. If the price drops too low on So the Commerce Department decided ceed to vote in relation to the Shaheen sugar that the producer would actually to take a look at this, and they did a amendment No. 925; and that there be have to reach into his own pocket to study. They discovered, sure enough, no second-degree amendments in order pay back the loan, guess what. He there are a certain number of jobs prior to the vote. doesn’t have to do that. He can say: among sugar producers that are pro- The PRESIDING OFFICER. Is there Nevermind, I am not going to pay back tected by the fact that we don’t allow objection? the loan. I will just give you the sugar. a free market in sugar and we don’t Without objection, it is so ordered. This is classic ‘‘heads-they-win, tails- allow imports from more efficient pro- Ms. STABENOW. Thank you, Mr. we-all-lose.’’ ducers. But here is what else they dis- President. As a result of this agree- It goes beyond that because in an ef- covered. They discovered for every job ment, if all time is used, at approxi- fort to prop up the price at artificially we save among sugar producers, we mately 4:35 p.m. there will be two roll- high levels so we are all paying more lose three jobs among companies that call votes, the first on adoption of S. than we need to for sugar, we have a manufacture with sugar—companies Res. 65, the Iran sanctions resolution, program that is called the Feedstock that make cakes and desserts and and then in relation to the Shaheen Flexibility Program. This program is candies and all the other kinds of goods amendment on the Sugar Program. one in which the USDA takes taxpayer we manufacture that require sugar as Thank you, Mr. President. money and buys up huge quantities of an ingredient. The reason we lose those The PRESIDING OFFICER. The Sen- sugar in order to drive up the price for jobs is because those companies can’t ator from Pennsylvania. all of us. I know it is hard to believe compete with foreign imports that AMENDMENT NO. 925 this is true. I am not making this up. don’t have this crazy Sugar Program. Mr. TOOMEY. Mr. President, I rise to I am not creative enough to make this So, for instance, we have candy com- address the Shaheen amendment No. up. This is real. panies that have left America and have 925 the chairman of the committee just Then what does the USDA do with moved to Canada because Canada referred to. I urge my colleagues to the massive quantity of sugar it might doesn’t do this. When they relocate in support this amendment. I wish to buy? By the way, there was a front- Canada, they can buy sugar at a nor- start by thanking Senator SHAHEEN for page story in the Wall Street Journal mal world price, the same as anyone her leadership, Senator KIRK for his just a few weeks ago about a huge pur- else anywhere in the world outside of leadership, and Senator DURBIN for his chase the USDA is seriously thinking America—maybe not anybody, but lots support and leadership. We have all about making, has the discretion to do of people outside of America can buy worked together on this amendment. I it, and might very well make. If they sugar that is much cheaper than what wish to briefly explain why I think it is don’t use all of the sugar, they don’t they have to pay for sugar when they important and why this amendment de- have anything to do with it, so they are an American citizen, an American serves the support of this body. sell it at a huge loss. They sell it to company, so they can make candy First of all, people ought to under- somebody who is going to make eth- much cheaper. stand we have an extensive and com- anol or something with it. That is what So we lose American jobs, which we plicated system by which taxpayers we do with it. It is unbelievable, all the have lost, they go to Canada or some- and consumers are forced to prop up, to ways in which taxpayers or consumers where else, and how can that possibly an artificially high price, the price of are forced to subsidize a very wealthy be a good outcome to lose three jobs sugar in this country. We subsidize a group of sugar growers. So that is what for every one we protect. It doesn’t handful of wealthy sugar growers at we do as policy under existing law. make any sense. the expense of everybody in America This amendment tries to push that This is a badly flawed policy. I would because I can’t think of any consumer back a little bit. That is all we are try- advocate that we completely repeal all who doesn’t consume sugar. Everybody ing to do. What Senators SHAHEEN and of this. That would be my personal uses some amount of sugar. It is in vir- KIRK and DURBIN and I have done with view. That is not what this amendment tually all processed food. It is obvi- this amendment is say: Can we at least does. All we do in this amendment is ously in any kind of confectionery or push back some of the most egregious say let’s just go back to where we were any kind of sweets. It is a staple, a fun- features? Can we go back to the policy before the farm bill of 2008 expanded damental staple. In fact, the poorest we had prior to the 2008 farm bill be- this program and created this new li- Americans spend the highest percent- cause prior to 2008, we did subsidize ability for taxpayers. age of their limited income on sugar sugar, but at least not quite as much as So I urge my colleagues to support because that is the nature of this food we do today. So that is what we are the Shaheen amendment No. 925 for staple that is sugar. trying to do. Let’s just go back to the some good, commonsense improve- Well, what do we do through our ag- policies we had before 2008, and specifi- ments to our existing sugar policy. ricultural policy? One of the things we cally let’s eliminate this Feed Stock I yield the floor. do is we put a limit on how much we Program, this program whereby the The PRESIDING OFFICER. The Sen- can bring in from overseas. It just so USDA can go out and purchase huge ator from North Dakota. happens there are some places in the quantities of sugar, driving up the Ms. HEITKAMP. Mr. President, yes- world that can grow sugar cheaper price, and then turn around and sell it terday I came to the floor of the Sen- than we can, and rather than take ad- at a huge loss. Let’s end that, and let’s ate to talk not only about the farm vantage of the opportunity to have a have a little bit more flexibility on bill, but specifically about the impor- lower cost staple for all Americans—in- this quota so American consumers can tance of the Sugar Program to the cluding the poorest of Americans—in- have the opportunity to buy more compromise that is the farm bill. I stead we establish a quota and say sugar at prices that are at least a little talked about growers getting protec- there is only so much we are going to closer to the world prices. tions in terms of crop insurance, I bring in without imposing a big, huge, Here are a few facts we ought to keep talked about the dairy program, I expensive tariff on them, and since we in mind. The net effect of all of these talked about specialty crops, and I

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.057 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3735 talked about the importance of pro- and if we just went back there every- American farmer, American agri- tecting the domestic sugar industry thing would once again be fine, I wish culture, and what the farm bill at- and using a no-cost approach which has to set the stage for what the world was tempts to do to guarantee a sure and been the approach we have dealt with like before the 2008 farm bill. The 2008 steady supply of food for our country for years in the Sugar Program. farm bill updated the Sugar Program and, arguably, for the world. Today I don’t want to repeat all of in response to a change in the relation- The farm bill is a compromise pack- that discussion. What I would like to ship between the United States and age. The farm bill represents, in each do, however, is respond directly to the Mexico regarding sugar. Under NAFTA, one of those elements, a different pro- Shaheen amendment and some of the agricultural trade was liberalized be- vision for different parts of our coun- information we have been hearing tween our two countries which re- try: dairy, important in Wisconsin; about the Shaheen amendment going moved barriers and allowed a more free dairy, important in Vermont; dairy, forward. I think it is important be- flow of goods. The NAFTA provisions not so important in North Dakota. But cause we have heard the Shaheen regarding sugar were fully realized in sugar is critically important to the amendment would simply roll back the 2008. economy of North Dakota. Sugar is im- Sugar Program to the policies in place If dropping the trade barriers re- portant to the economy of Minnesota, before the 2008 farm bill. In reality, sulted in a level playing field, this the economy of Florida, the economy this amendment would do far more would have been no problem because of Hawaii. than what was included in the program our American farmers are the most ef- All of us have come together to fash- prior to 2008 and would, in fact, threat- ficient in the world, and we can win in ion a farm bill that responds to the en 142,000 American sugar-producing a free market condition. However, a need for certainty in American agricul- jobs in 22 States. level playing field was not the case. tural policy. The farm bill is critical I want to be very specific about the Mexican sugar is highly subsidized. In not only to our farmers but to the 16 uniqueness of this compared to pre- fact, the government owns approxi- million jobs the farm bill supports, and 2008. So, specifically, the amendment mately 20 percent of their sugar indus- we forget that. We forget that this is institutes two new policies beyond re- try. much bigger than a sugar program, it pealing the 2008 farm bill changes to Candy and major food-producing is much bigger than any one individual the Sugar Program that are damaging companies are having some of their commodity. It is about food security, to our farmers and sugar manufactur- most successful years in memory. combined with an effort to do what we ers in the United States. When we hear the stories of lost jobs need to do to provide certainty and First, the amendment would mandate and additional burden, I think we need surety to American producers. for the first time a 15.5-percent stocks- to look at reality, and I think reality My concern is that when you single to-use ratio. Sugar supplies in the is that nothing has—the price of sugar out one commodity—whether it is soy- United States are already at histori- has not prevented them from achieving beans or corn or sugar or tobacco or cally high surplus levels at a stocks-to- record profits, strong profits, and con- rice—when you single out one com- use ratio in the 18-to-20 percent range. tinued growth. modity, you threaten the effectiveness This proposal would mandate artifi- Another fact that doesn’t get talked of the overall farm bill. So I would urge cially inflated increased inventories in about much when we talk about the my colleagues to work within the order, really—realistically—to push Sugar Program is that today the price structure of the Agriculture Com- down prices for food processing compa- of sugar is roughly the same as what it mittee, understand that where you nies. At a stocks-to-use ratio of less was in 1985. What product can we say may have individual concerns about than 15.5 percent earlier this year, that is true of? Sugar is the exact price each piece of this—and I may have in- sugar producer prices were collapsing as it was in 1985. below average levels of the 1980s and Additionally, the domestic price of dividual concerns about varying pieces the 1990s. sugar is often lower than the inter- of this farm bill, this ag bill, but it is We hear over and over again about national price when factoring in trans- critically important that we not single how we have had this dramatic in- portation costs. To claim the Sugar out one commodity on which to reduce crease in sugar prices, and that has led Program is breaking the backs of our support. Sugar is too important to to the loss of American processing jobs. American consumers, again, is not a our economy, it is too important to our Really, nothing could be further from fair or accurate statement. food processing to risk simply that we the truth. In fact, we have seen histori- The U.S. wholesale sugar price in are going to have enough sugar on the cally low prices. In fact, sugar prices April was 26 cents per pound. The international market, that we are not earlier this year were collapsing below internationally traded sugar price in going to have a domestic supply be- the levels of the 1980s and 1990s. April was 22 cents per pound. The cause many of these provisions would Second, it would make U.S. sugar im- transportation cost of bringing sugar drive the domestic producer out of the port quota rights tradable—tradable— to the United States from Brazil, the market, making us beholden to foreign on the open market, and I think that Dominican Republic, or the Phil- sources of sugar. I do not think that is would risk potential fraud and abuse ippines—three of the largest importers why we have a farm bill. I think we and denial of quota benefits to devel- of sugar under the program—exceeds have a farm bill so we can guarantee oping countries that count on the the 4 cents-per-pound difference. that farm commodities and farm prod- quotas. So if a country could not, in So I think it is important that we at ucts that we are able to grow in this fact, meet their quota, that quota least have some response to this idea country are available and local. could be traded on the open market. I that, No. 1, things were good in 2008 so So I urge a ‘‘no’’ vote on this amend- think that is a formula for interjecting we should just roll back the program to ment. I think it is extreme. This a factor that has never been instituted 2008. If that were true, obviously, I do amendment, which has basically been before in the sugar bill. not think we would be standing here reported to be a simple rollback to I think U.S. policy provides access to fighting this amendment. But I do not 2008, is not exactly as it appears. I be- developing world countries to our think it is true. Plus, I think there are lieve it is critically important that we sugar market, one of the largest in the provisions in this amendment that keep the compromise, which is the world. Allowing governments of devel- have not yet been revealed as provi- farm bill as reported out of the com- oping nations to trade their quotas sions that were not included in the pre- mittee, essentially intact by recog- does nothing to empower those farmers 2008 Sugar Program, and that concerns nizing the needs of all the commodity in developing countries. Instead, the me. groups. quota rights will be traded to sub- It concerns me that this amendment I yield the floor. sidized industries in powerful sugar has not had a discussion in committee. Ms. STABENOW. Mr. President, I companies such as Brazil, which could This amendment has not been some- suggest the absence of a quorum. lead to further excess supply in the thing that the experts on the Agri- The PRESIDING OFFICER. The American market. culture Committee have deliberated. clerk will call the roll. Because everybody seems to believe Then I want to kind of pull back and The legislative clerk proceeded to that pre-2008 was a panacea for sugar, look at a higher view, which is the call the roll.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.058 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3736 CONGRESSIONAL RECORD — SENATE May 22, 2013 Mr. HOEVEN. Mr. President, I ask from the Committee on Foreign Rela- since 2006 demanding of the Government of unanimous consent that the order for tions, with an amendment. the Islamic Republic of Iran its full and sus- the quorum call be rescinded. [Strike the part printed in boldface tained suspension of all uranium enrich- The PRESIDING OFFICER. Without brackets and insert the part printed in ment-related and reprocessing activities and italic.] its full cooperation with the IAEA on all objection, it is so ordered. outstanding issues related to its nuclear ac- Mr. HOEVEN. I want to take several S. RES. 65 tivities, particularly those concerning the minutes to respond to some of the com- Whereas, on May 14, 1948, the people of possible military dimensions of its nuclear ments that were made here in regard to Israel proclaimed the establishment of the program; the farm bill, and specifically the sovereign and independent State of Israel; Whereas the Government of the Islamic Sugar Program. We have got a vote Whereas, on March 28, 1949, the United Republic of Iran has refused to comply with States Government recognized the establish- coming up. United Nations Security Council resolutions ment of the new State of Israel and estab- or to fully cooperate with the IAEA; The PRESIDING OFFICER. We cur- lished full diplomatic relations; Whereas, in November 2011, the IAEA Di- rently have an order to move to the Whereas, since its establishment nearly 65 rector General issued a report that docu- consideration of S. Res. 65 at 3:45 p.m. years ago, the modern State of Israel has re- mented ‘‘serious concerns regarding possible Mr. GRAHAM. Mr. President, that is built a nation, forged a new and dynamic military dimensions to Iran’s nuclear pro- my resolution with Senator MENENDEZ. democratic society, and created a thriving gramme,’’ and affirmed that information I do not mind yielding a couple of min- economic, political, cultural, and intellec- available to the IAEA indicates that ‘‘Iran utes to the Senator to make his points. tual life despite the heavy costs of war, ter- has carried out activities relevant to the de- rorism, and unjustified diplomatic and eco- velopment of a nuclear explosive device’’ and The PRESIDING OFFICER. Without nomic boycotts against the people of Israel; that some activities may be ongoing; objection, it is so ordered. Whereas the people of Israel have estab- Whereas the Government of Iran stands in Mr. HOEVEN. I thank my colleague. lished a vibrant, pluralistic, democratic po- violation of the Universal Declaration of I do want to respond to some com- litical system, including freedom of speech, Human Rights for denying its citizens basic ments that were made in regard to the association, and religion; a vigorously free freedoms, including the freedoms of expres- Sugar Program and the cost of sugar press; free, fair, and open elections; the rule sion, religion, peaceful assembly and move- for American consumers. It is very im- of law; a fully independent judiciary; and ment, and for flagrantly abusing the rights other democratic principles and practices; portant to understand that the price of of minorities and women; Whereas, since the 1979 revolution in Iran, Whereas in his State of the Union Address sugar in the United States is actually the leaders of the Islamic Republic of Iran on January 24, 2012, President Barack Obama less than the international price. So have repeatedly made threats against the ex- stated, ‘‘Let there be no doubt: America is because of the Sugar Program we have, istence of the State of Israel and sponsored determined to prevent Iran from getting a American consumers benefit. Again, I acts of terrorism and violence against its nuclear weapon, and I will take no options want to reiterate that point. citizens; off the table to achieve that goal.’’; Also I want to express how important Whereas, on October 27, 2005, President of Whereas Congress has passed and the Iran Mahmoud Ahmadinejad called for a it is to understand that we have low- President has signed into law legislation im- world without America and Zionism; posing significant economic and diplomatic cost producers in this country who are Whereas, in February 2012, Supreme Leader sanctions on Iran to encourage the Govern- precluded from selling their sugar in of Iran Ali Khamenei said of Israel, ‘‘The Zi- ment of Iran to abandon its pursuit of nu- markets such as the European Union onist regime is a true cancer tumor on this clear weapons and end its support for ter- because of tariffs and restrictions. As region that should be cut off. And it defi- rorism; an individual who strongly supports nitely will be cut off.’’; Whereas these sanctions, while having sig- international commerce and trade, on Whereas, in August 2012, Supreme Leader nificant effect, have yet to persuade Iran to many of these issues I am down here Khamenei said of Israel, ‘‘This bogus and abandon its illicit pursuits and comply with fake Zionist outgrowth will disappear off the United Nations Security Council resolutions; talking about how we want to continue landscape of geography.’’; Whereas more stringent enforcement of to expand our ability to export. I be- Whereas, in August 2012, President sanctions legislation, including elements lieve that. But at the same time, we Ahmadinejad said that ‘‘in the new Middle targeting oil exports and access to foreign have to make sure our companies and East . . . there will be no trace of the Amer- exchange, could still lead the Government of our farmers, our ranchers and our pro- ican presence and the Zionists’’; Iran to change course; ducers, particularly when we are talk- Whereas the Department of State has des- Whereas, in his State of the Union Address ing about a farm bill, are treated fair- ignated the Islamic Republic of Iran as a on February 12, 2013, President Obama reiter- state sponsor of terrorism since 1984 and has ated, ‘‘The leaders of Iran must recognize ly. characterized the Islamic Republic of Iran as that now is the time for a diplomatic solu- We have a situation where they oper- the ‘‘most active state sponsor of terrorism’’ tion, because a coalition stands united in de- ate internationally and they are pre- in the world; manding that they meet their obligations. cluded from many markets throughout Whereas the Government of the Islamic And we will do what is necessary to prevent the world, even though they are low- Republic of Iran has provided weapons, train- them from getting a nuclear weapon.’’; cost producers. That is what our Sugar ing, funding, and direction to terrorist Whereas, on March 4, 2012, President Program is designed to do, to try to groups, including Hamas, Hizballah, and Shi- Obama stated, ‘‘Iran’s leaders should under- level that playing field. It does so ef- ite militias in Iraq that are responsible for stand that I do not have a policy of contain- the murder of hundreds of United States ment; I have a policy to prevent Iran from fectively. The Sugar Program has cost service members and innocent civilians; obtaining a nuclear weapon.’’; this country nothing over the last dec- Whereas the Government of the Islamic Whereas, on October 22, 2012, President ade. In fact, consumers in this country Republic of Iran has provided weapons, train- Obama said of Iran, ‘‘The clock is ticking benefit from lower sugar prices than ing, and funding to the regime of Bashar al . . . And we’re going to make sure that if the international price, not higher Assad that has been used to suppress and they do not meet the demands of the inter- prices. murder its own people; national community, then we are going to I yield the floor. Whereas, since at least the late 1980s, the take all options necessary to make sure they Government of the Islamic Republic of Iran don’t have a nuclear weapon.’’; f has engaged in a sustained and well-docu- Whereas, on May 19, 2011, President Obama SUPPORTING SANCTIONS ON IRAN mented pattern of illicit and deceptive ac- stated, ‘‘Every state has the right to self-de- tivities to acquire a nuclear weapons capa- fense, and Israel must be able to defend The PRESIDING OFFICER. Under bility; itself, by itself, against any threat.’’; the previous order, the Senate will pro- Whereas, since September 2005, the Board Whereas, on September 21, 2011, President ceed to the consideration of S. Res. 65, of Governors of the International Atomic Obama stated, ‘‘America’s commitment to which the clerk will report by title. Energy Agency (IAEA) has found the Islamic Israel’s security is unshakeable. Our friend- The legislative clerk read as follows: Republic of Iran to be in non-compliance ship with Israel is deep and enduring.’’; with its safeguards agreement with the Whereas, on March 4, 2012, President A resolution (S. Res. 65) strongly sup- IAEA, which Iran is obligated to undertake Obama stated, ‘‘And whenever an effort is porting the full implementation of the as a non-nuclear-weapon State Party to the made to delegitimize the state of Israel, my United States and international sanctions on Treaty on the Non-Proliferation of Nuclear administration has opposed them. So there Iran and urging the President to continue to Weapons, done at Washington, London, and should not be a shred of doubt by now: when strengthen enforcement of sanctions legisla- Moscow July 1, 1968, and entered into force the chips are down, I have Israel’s back.’’; tion. March 5, 1970 (NPT); Whereas, on October 22, 2012, President The Senate proceeded to consider the Whereas the United Nations Security Obama stated, ‘‘Israel is a true friend. And if resolution, which had been reported Council has adopted multiple resolutions Israel is attacked, America will stand with

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.060 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3737 Israel. I’ve made that clear throughout my The Senator from South Carolina. Iran, we face as a Nation. So people presidency . . . I will stand with Israel if Mr. GRAHAM. Mr. President, this is wonder, what will happen if that day they are attacked.’’; a debate where it does not matter who ever comes? What would America do? Whereas, in December 2012, 74 United is speaking, Republican or Democrat, Well, this is a statement by every Sen- States Senators wrote to President Obama ‘‘As you begin your second term as Presi- because we are speaking with one ator who votes yes—not an authoriza- dent, we ask you to reiterate your readiness voice. That very seldom happens in tion to use force, but a statement— to take military action against Iran if it American politics today, unfortu- that if that day comes and Israel has to continues its efforts to acquire a nuclear nately. There will be 50 minutes di- justifiably defend itself from a break- weapon. In addition, we urge you to work vided, but really there is no division out by the Iranian regime to build a with our European and Middle Eastern allies here. nuclear weapon, which could be the end to demonstrate to the Iranians that a cred- S. Res. 65 has 91 cosponsors. That is of the Jewish state, we will have ible and capable multilateral coalition exists very difficult to do. The Presiding Offi- Israel’s back economically, militarily, that would support a military strike if, in cer, Senator COONS, was an original co- and diplomatically. the end, this is unfortunately necessary.’’; I cannot stress how important it is and sponsor of the legislation. Whereas the United States-Israel Enhanced What is S. Res. 65 all about? It is for that statement to be made by the Security Cooperation Act of 2012 (Public Law about the following: On March 4, 2012, Senate. Time is running out. Time is 112–150) stated that it is United States policy President Obama stated: not on our side. As to the threat from to support Israel’s inherent right to self-de- Whenever an effort is made to delegitimize Iran, since 1984 they have been charac- fense: Now, therefore, be it the State of Israel, my administration has terized as the most active state spon- Resolved, opposed them. So there should not be a shred sor of terrorism in the world. As we SECTION 1. SENSE OF CONGRESS. of doubt by now. When the chips are down, I have sanctioned them to stop their nu- Congress— have Israel’s back. clear ambitions, the amount of en- (1) reaffirms the special bonds of friendship This resolution is in support of the riched uranium has grown. As we talk, and cooperation that have existed between President’s statement. When I heard they enrich. the United States and the State of Israel for We are going to have several Sen- more than sixty years and that enjoy over- that statement, it was music to my whelming bipartisan support in Congress and ears, because the Iranian nuclear pro- ators come down to voice their support among the people of the United States; gram, the efforts of the Iranians to de- for this resolution. (2) strongly supports the close military, in- velop a nuclear capability, marches on With that, I would yield to Senater telligence, and security cooperation that as I speak. HOEVEN for 2 minutes. The Senator has President Obama has pursued with Israel and Today, May 22, there are two arti- been an unwavering supporter of the urges this cooperation to continue and deep- cles, one in the Associated Press, one United States-Israel relationship. en; in Reuters, talking about AIEA reports The PRESIDING OFFICER. The Sen- (3) deplores and condemns, in the strongest and diplomats saying that Iran is ator from North Dakota. possible terms, the reprehensible statements Mr. HOEVEN. I appreciate the oppor- pressing forward with the construction and policies of the leaders of the Islamic Re- tunity to join my esteemed colleague of a research reactor that would add to public of Iran threatening the security and from the great State of South Carolina existence of Israel; their nuclear capability in terms of en- in support of S. Res. 65, expressing our (4) recognizes the tremendous threat posed riching uranium to make a bomb, and strong support for our close friend and to the United States, the West, and Israel by that they have increased the number of the Government of Iran’s continuing pursuit ally, Israel. centrifuges dramatically since April. This resolution right up front says— of a nuclear weapons capability; We have been trying to sanction (5) reiterates that the policy of the United I want to read from the subheading in Iran—very successfully, I might add. States is to prevent Iran from acquiring a the resolution—‘‘Strongly supports the nuclear weapon capability and to take such Senator MENENDEZ, my cosponsor here, full implementation of the United action as may be necessary to implement the original cosponsor, will be here States and international sanctions on this policy; around 4. As to BOB MENENDEZ, there is Iran, and urging the President to con- (6) reaffirms its strong support for the full no stronger supporter of the U.S.-Israel tinue to strengthen enforcement of implementation of United States and inter- relationship than BOB, who is chairman sanctions legislation.’’ national sanctions on Iran and urges the of the Foreign Relations Committee. President to continue and strengthen en- This is very important. I want to but- We have worked on a resolution. The tress a comment made by the good forcement of sanctions legislation; guts of this resolution basically are as (7) declares that the United States has a Senator from South Carolina, and that vital national interest in, and unbreakable follows: It declares the United States is through Kirk-Menendez and other commitment to, ensuring the existence, sur- has a vital national interest in and an legislation, we have provided authority vival, and security of the State of Israel, and unbreakable commitment to ensuring for the administration to put the reaffirms United States support for Israel’s the existence, survival, and security of strongest possible sanctions in place right to self-defense; and the state of Israel. It reaffirms the sup- ø against Iran to prevent Iran from de- (8) urges that, if the Government of Israel port of the United States for Israel’s veloping a nuclear weapon. We need to is compelled to take military action in self- right to legitimate self-defense. In the do it. We need to stand with Israel. We defense, the United States Government last paragraph, it is not an authoriza- should stand with Israel and provide diplo- need to support our ally. This is not matic, military, and economic support to the tion to use force, but it says the fol- just about Israel, this is about security Government of Israel in its defense of its ter- lowing: That if Israel is compelled to for the United States. This is about ritory, people, and existence.¿ take military action in self-defense, preventing Iran from getting a nuclear (8) urges that, if the Government of Israel is the United States will stand with weapon. compelled to take military action in legitimate Israel and provide diplomatic, mili- Essentially what these sanctions do self-defense against Iran’s nuclear weapons pro- tary, economic support in its defense of is they provide any country or com- gram, the United States Government should its territory, people, and existence. pany that buys oil from Iran cannot do stand with Israel and provide, in accordance The whole resolution is about Israel with United States law and the constitutional business with our banking system. responsibility of Congress to authorize the use of having to defend herself against a nu- Think about that. Countries that buy military force, diplomatic, military, and eco- clear-capable Iran. So when our Presi- oil from Iran would not be able to nomic support to the Government of Israel in its dent said in 2012 that ‘‘we have Israel’s transact with the United States and defense of its territory, people, and existence. back,’’ that his administration has U.S. companies. That would preclude SEC. 2. RULES OF CONSTRUCTION. Israel’s back, this is a chance for the them from buying Iranian oil. Nothing in this resolution shall be con- Senate to say we also have Israel’s Okay. Think about that. If Iran can- strued as an authorization for the use of back. not sell its oil, it has no revenue. If it force or a declaration of war. From my point of view, you cannot has no revenue, it is forced to stop its The PRESIDING OFFICER. Under separate the threat the nuclear pro- efforts to build a nuclear weapon. So the previous order, there will be now be gram in Iran creates from the United the point is this: We cannot only have 50 minutes for debate, with the Repub- States and Israel. They are the same. sanctions. What we are trying to do in licans controlling 30 minutes and the The same threat Israel faces from a nu- this legislation is not only express sup- majority controlling 20 minutes. clear-armed Iran, a nuclear-capable port for Israel, again as the Senator

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.007 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3738 CONGRESSIONAL RECORD — SENATE May 22, 2013 from South Carolina pointed out, but I thank my colleague from South We need a new approach. One avenue encourage and support the administra- Carolina. I thank my colleagues here that has not been adequately explored tion in completely enforcing the who have supported this incredibly im- is using perhaps our greatest weapon, strongest possible sanctions against portant resolution. Think about it. what Ronald Reagan called ‘‘the will Iran so we do not have to go to the op- How often do we come together with 91 and moral courage of free men and tion of a military strike to take out Senators to support legislation? This is women.’’ That means speaking out their nuclear weapon capability. That about the security of this country. I more forcefully about the human is what this is all about. This is bipar- look forward to this body passing this rights situation in Iran. tisan—as the Senator said, 91 cospon- important resolution. This regime is brutally oppressive. It sors. This is about saying we can get Mr. GRAHAM. Mr. President, at this represses its own people. Read the 2012 this done but we have got to impose time I wish to recognize a member of State Department report. It talks these sanctions as strongly as we can. the Foreign Relations Committee, one about disappearances; cruel, inhuman, We have got to do it now. of the strongest voices on national se- and degrading treatment or punish- Mr. GRAHAM. I thank the Senator curity in the body, a new member but ment, including judicially sanctioned from North Dakota. someone who understands the world amputations and flogging; politically Now I wish to recognize Senator and is a tremendous supporter of the motivated violence and repression, AYOTTE for 4 minutes. We have got a United States-Israel relationship, Sen- such as beatings and rape; harsh and lot of speakers here to talk about S. ator MARCO RUBIO from Florida, for 4 life-threatening conditions in deten- Res. 65. She has been there at every minutes. tion and prison facilities. This is not step of the way. Mr. RUBIO. I thank the Senator. even a comprehensive list of the abuses Ms. AYOTTE. Mr. President, let me I rise in support of these sanctions as that exist in Iran. thank Senator GRAHAM and Senator well. Americans are perhaps tempted Currently, there is an American pas- MENENDEZ for their leadership on this these days to take a step back from the tor in Iran, Saeed Abedini, who is serv- important Senate resolution, S. Res. problems in places in the Middle East ing 8 years in prison because he is a 65. This is a resolution that is very and wonder why do we need to be ac- Christian and practices Christianity. straightforward. It says to our friend tive in resolving these thorny issues Yesterday the Iranian Government and ally Israel: We have your back. that often seem unsolvable. But yester- disqualified two Presidential can- That means right now. If you look at day in the Foreign Relations Com- didates. This will be a sham election in the dangers confronting Israel, they mittee, for example, we discussed Syr- the coming months. As one State De- are unprecedented dangers, from the ian legislation and debated how to ad- partment official put it to the Foreign situation in Syria, to threats from dress the growing repercussions of our Relations Committee, the Green Move- Hamas and Hezbollah, to the situation policy of inaction as violence and in- ment in Iran today is virtually non- in the Sinai. But the greatest threat of stability spreads beyond Syria’s bor- existent. Instead of denigrating the freedom all is Iran acquiring nuclear weapons ders. We cannot stand idly by and ig- fighters in Iran who have suffered from capability. It is a country that has nore the fallout from Syria. Americans inaction and lack of support, we need threatened to wipe Israel off the map. need to remember that Iran is not just to be doing everything possible in the Rightly so, the Israelis have said Israel’s problem, it is ours as well. weeks to come to speak frankly about never again. As our country, we say Iran has been sponsoring terrorism the lack of fundamental freedoms in never again. Because it is not just that and killing Americans for decades, Iran and reject the notion that this re- the Iranians could acquire nuclear most recently in places such as Iraq gime is legitimate or a credible negoti- weapons capability and launch a mis- and Afghanistan. Iran has pursued an ating partner. sile against our country, it is that they anti-American agenda, and its foreign We need to make clear that a crack- are the largest state sponsor of ter- policy has supported tyrants. It has un- down against the Iranian people simi- rorism. They could give that nuclear dermined U.S. allies, and not just in lar to the one that occurred in June of weapon to a terrorist. Then it is not the Middle East, through its terrorist 2009 after a fraudulent Presidential just a threat to Israel, this is a threat proxies such as Hezbollah and what election will have real consequences to the safety of the world. That is why they are doing now to defend Asad in this time. We can’t be everywhere. I fully support this resolution and why Syria, but they have even done it in America can’t be everywhere and do it has so many cosponsors in the Sen- our own hemisphere. everything, but we can’t outsource the ate. To understand the deep friendship On top of these issues, Iranian lead- solutions to all our problems either. we have with Israel, what we share in ers have denied that the Holocaust Israel faces an unprecedented secu- terms of democracy in the Middle East, even happened. They threaten Israel’s rity environment. I saw this firsthand ultimately this threat is not just a very existence. So we do need to during my recent visit to the Middle threat to Israel, this is a threat to the strengthen our sanctions. We need to East in February. In every direction, safety of the United States of America. actually follow through with them. Israel sees uncertainty and potential This resolution is clear. If Israel is That is what this resolution calls on instability, from an all-out civil war on compelled to take military action in the administration to do. its northern border in Syria, to neigh- self-defense against Iran’s nuclear But we also have to ensure that our bors going through delicate political weapons program, it urges the U.S. international partners do that as well. transitions in the wake of the Arab Government to stand with Israel, dip- I am pleased that this resolution calls spring. But even with all these changes lomatically, militarily, and economi- on the administration to fully imple- in its neighborhood, the greatest chal- cally. It also reiterates what my friend ment the sanctions we have already lenge facing Israel today is the threat from North Dakota talked about, passed and approved. of a nuclear Iran. which is the policy of the United These sanctions have not changed We need to stand with Israel and pro- States to prevent Iran from acquiring a Iran’s calculus. The sanctions alone are vide diplomatic, military, and eco- nuclear weapon and reaffirms that we not enough because, as we have seen, nomic support in its defense of its ter- will continue to press for the toughest Iran has added centrifuges, so they ritory, its people, and its existence. We of economic sanctions. continue to enrich uranium and they need to remind Tehran that the United To the leaders in Iran, understand get closer to a nuclear capability. States will not allow Iran to obtain nu- there is much we do not agree on in Similarly, the approach of this admin- clear weapons, as this resolution this body. When we pass this resolution istration to talk to Iran, trying what states, and that is why I am supporting today, you need to know we are unified our European partners have attempted it. I urge all of my colleagues to sup- when it comes to stopping you from ac- to do in the past, has also been unsuc- port it as well. quiring nuclear weapons capability, cessful. For more than 10 years now we The PRESIDING OFFICER (Mr. and that we will stand with our friend and the Europeans have tried to nego- BROWN). The Senator from South Caro- and ally Israel to make sure you do not tiate—all with no results. Iran has only lina. present that type of grave danger to gotten closer and closer to a nuclear Mr. GRAHAM. I thank the Senator the safety of the entire world. capability. for a terrific speech.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.061 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3739 I would ask whether Senator MENEN- been used to test a special kind of detonator cooperation—it may not be able to resolve DEZ minds if Senator MCCAIN speaks. used in nuclear explosions. questions about ‘‘possible military dimen- Mr. MENENDEZ. I am always willing Since February, Iran ‘‘has conducted fur- sions to Iran’s nuclear program.’’ ther spreading, leveling and compacting of The U.S., Israel and Iran’s other critics say to allow Senator MCCAIN to speak. material over most of the site, a significant the reactor at Arak, in central Iran, will be Mr. GRAHAM. We will do this by age. proportion of which it has also asphalted,’’ able to produce plutonium for several bombs Senator MCCAIN is recognized for 5 the IAEA said in its report, a copy of which a year once it starts up. They have said minutes. That is not quite a minute a was obtained by The Washington Post. Tehran’s plan to put it on line late next year decade, but that will get us going. The alterations to the site ‘‘have seriously is too optimistic. The PRESIDING OFFICER. The sen- undermined the Agency’s ability to under- But the report said the Islamic Republic ior Senator from Arizona is recognized. take effective verification’’ of Iran’s claims had told IAEA experts that it was holding to that its nuclear program is entirely peaceful, that timeline. The IAEA noted that much Mr. MCCAIN. I thank the Chair, and the report said. work needed to be done at the reactor site, I hope the Chair will discipline this dis- Iran denies that it ever conducted nuclear but it said Iranian technicians there already respect that is being displayed because weapons research and says the IAEA has no had taken delivery of a huge reactor vessel of my advanced age. This would never mandate for investigating a military base to contain the facility’s fuel. It also detailed have happened in the Coolidge adminis- with no ties to its nuclear program. progress in Tehran’s plans to test the fuel. tration, in which I first served. The IAEA, which conducts routine moni- Installations of the new IR–2m centrifuges I thank the Senator. I also thank my toring of Iran’s civilian nuclear facilities, are also of concern for nations fearing that dear friend LINDSEY GRAHAM for bring- met with Iranian officials earlier this month Iran may want to make nuclear arms, be- ing this important resolution to the in the latest in a string of failed efforts to cause they are believed to be able to enrich clear up concerns over suspicious experi- two to five times faster than Tehran’s old Senate. ments by Iranian scientists. U.S. intelligence machines. Resolutions happen all the time. This officials believe Iran was testing components The IAEA first reported initial installa- is a very important one. It wouldn’t for nuclear weapons as recently as 2003, when tions in February. It said then that agency have happened without the leadership the work was abruptly halted. inspectors counted 180 of the advanced IR–2m and support of the distinguished chair- Since then, Iran has amassed a large stock- centrifuges at Natanz, Tehran’s main enrich- man of the Foreign Relations Com- pile of enriched uranium—a key ingredient ment site, less than a month after Iran’s mittee. I would like to thank him for in nuclear weapons—but has not yet decided Jan. 23 announcement that it would start in- whether to take the risk of building and stalling them. his continued leadership, including the testing a bomb, U.S. officials say. Diplomats said none of the machines ap- passage of the resolution that was The IAEA report also documented Iran’s peared to be operating and some may only be passed through the Foreign Relations continued progress in increasing its supply partially set up. But the rapid pace of instal- Committee yesterday concerning the of enriched uranium, including the addition lations indicates that Iran possesses the situation in Syria. of still more advanced centrifuges that technology and materials to mass-produce Mr. President, I ask unanimous con- produce nuclear fuel more efficiently than the centrifuges and make its enrichment sent to have printed in the RECORD the outdated machines formerly used by program much more potent. three articles that are of importance Iran. At the same time, Iran has continued Iranian nuclear chief Fereidoun Abbasi to convert some of its uranium stockpile said earlier this year that more than 3,000 for our colleagues. into metal fuel plates, a step that would high-tech centrifuges have already been pro- One is from the Washington Post: make it more difficult to use the material in duced and will soon phase out its older-gen- ‘‘Iran paves over suspected nuclear a future weapons program. eration enriching machines at Natanz, south testing site despite U.N. protests.’’ of Tehran. The second is another Washington [From the Washington Post, May 22, 2013] The report also noted Iran’s decision to Post article, by the Associated Press: IRAN EXPANDS NUKE TECHNOLOGY FOR PRO- keep its stockpile of uranium enriched to a ‘‘Iran expands nuke technology for pro- GRAM THAT COULD BE USED TO MAKE WEAP- level just a technical step away from weap- gram that could be used to make weap- ONS ons-grade to below the amount needed for a (By The Associated Press) bomb. ons.’’ More than six years of international nego- Of interest is another one, also from VIENNA.—The U.N. atomic agency on tiations have failed to persuade Tehran to the Washington Post: ‘‘Iranian soldiers Wednesday detailed rapid Iranian progress in stop enrichment and mothball the Arak re- fighting for Assad in Syria, says State two programs that the West fears are geared actor. Department official.’’ toward making nuclear weapons, saying Tehran has upgraded its uranium enrich- [From the Washington Post, May 21, 2013] There being no objection, the mate- ment facilities and advanced in building a IRANIAN SOLDIERS FIGHTING FOR ASSAD IN rial was ordered to be printed in the plutonium-producing reactor. SYRIA, SAYS STATE DEPARTMENT OFFICIAL RECORD, as follows: In a confidential report obtained by The [From the Washington Post, May 22, 2013] Associated Press, the International Atomic (By Anne Gearan) Energy Agency said Tehran had installed MUSCAT, OMAN.—Iran has sent soldiers to IRAN PAVES OVER SUSPECTED NUCLEAR close to 700 high-tech centrifuges used for Syria to fight alongside forces loyal to Presi- TESTING SITE DESPITE U.N. PROTESTS uranium enrichment, which can produce the dent Bashar al-Assad and those of the Leb- (By Joby Warrick) core of nuclear weapons. It also said Tehran anon-based Hezbollah militia, a senior State Iran has begun paving over a former mili- had added hundreds of older-generation ma- Department official said Tuesday. tary site where its scientists are suspected chines at its main enrichment site to bring An unknown number of Iranians are fight- to have conducted nuclear-weapons-related the total number to over 13,000. ing in Syria, the official said, citing ac- experiments, according to a new U.N. report, Iran denies that either its enrichment pro- counts from members of the opposition Free a move that could doom efforts to recon- gram or the reactor will be used to make nu- Syrian Army, which is backed by the United struct a critical part of Iran’s nuclear his- clear arms. Most international concern has States. The official spoke on the condition of tory. focused on its enrichment, because it is fur- anonymity to preview a strategy session Satellite photos of the site, known as ther advanced than the reactor and already that Secretary of State John F. Kerry is to Parchin, show fresh asphalt covering a broad has the capacity to enrich to weapons-grade hold Wednesday with key supporters of the area where suspicious tests were carried out uranium. Syrian opposition. several years ago, the International Atomic But the IAEA devoted more space to the Rebel forces have alleged for weeks that Energy Agency said in an internal report reactor Wednesday than it has in previous Iran is sending trained fighters to Syria, and that was prepared for diplomats. reports. While its language was technical, a the Iran-backed Hezbollah has said baldly The paving appears to have occurred with- senior diplomat who closely follows the that it will not let Assad fall. in the past few weeks, at a time when the IAEA’s monitoring of Iran’s nuclear facili- But with the British, French and American United Nations’ nuclear watchdog was meet- ties said that reflected increased inter- governments considering providing arms to ing with Iranian officials to try to negotiate national concerns about the potential pro- the Syrian opposition on a scale not yet seen access to the site to investigate allegations liferation dangers it represents as a comple- in the civil war, the U.S. official’s allegation of secret weapons research. tion date approaches. was a tacit acknowledgment that the two- Iran has repeatedly denied IAEA inspectors He demanded anonymity because he was year-old Syrian conflict has become a re- entry to the site, and previous satellite not authorized to discuss confidential IAEA gional war and a de facto U.S. proxy fight photos have shown a series of efforts to alter information. with Iran. it by razing buildings and even scraping The report also touched upon a more than ‘‘This is an important thing to note: the di- away topsoil around what was once a cham- six-year stalemate in agency efforts to probe rect implication of foreigners fighting on ber used for military explosives testing. U.N. suspicions Tehran may have worked on nu- Syrian soil now for the regime,’’ the official officials believe that the facility may have clear weapons. It said that—barring Iran’s said.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.063 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3740 CONGRESSIONAL RECORD — SENATE May 22, 2013 Kerry is in the Middle East this week to must continue to ratchet up the pres- that the Iranian people want the same foster political talks between Assad’s resur- sure through sanctions, as this resolu- freedoms and rights as people else- gent regime and the embattled rebels and to tion suggests. At the end of the day, where. inaugurate a new round of peace talks be- I urge my colleagues to vote in favor tween Israel and the Palestinians. sanctions are a means to an end, not an The State Department official said the end unto themselves. Unfortunately, of this amendment. Syrian opposition, which is badly split, has despite the unprecedented inter- Again, I thank the Senator from not finalized its representative to the talks national sanctions that have been put South Carolina Mr. GRAHAM for his in Amman, Jordan, on Wednesday. The in place, Iran is today closer to a nu- hard work on this resolution for a Amman session is intended to align strate- clear weapons capacity than ever be- change. gies ahead of a larger conference in Switzer- fore, and the facts speak for them- Mr. GRAHAM. I wish to thank Sen- land that would bring together the Russian- ator MCCAIN for his voice on this topic and Iranian-backed Assad regime and the selves. Western-backed rebels. In January 2009, according to the and any other topic that keeps Amer- Russia appears to be hedging its bets, as IAEA, the Iranians had approximately ica safe. I also thank Senator MENEN- the U.S. official acknowledged Tuesday. 1,000 kilograms of uranium enriched to DEZ, without whom there would be no Assad’s forces are being resupplied from 3.5 percent. Today they have more than resolution. Senator REID is not here, somewhere, the official said, and not all of 8,000 kilograms. In January 2009 Iran but I thank him for making the time the armaments can be explained away as had not enriched to 20 percent. Today available to have this vote. part of a continuation of weapons contracts the IAEA reported that Iran has pro- The PRESIDING OFFICER. The Sen- that predate the conflict. Kerry and Russian Foreign Minister Sergei duced 324 kilograms of 20 percent-en- ator from New Jersey is recognized for Lavrov agreed two weeks ago to jointly riched uranium. That is 44 kilograms 5 minutes. lobby the opposition and Assad’s government more than 3 months ago. It means they Mr. MENENDEZ. Mr. President, is to sit down for negotiations. The goal would are moving unabated and unhindered there a division of time? be a transitional government with members toward the development of a nuclear The PRESIDING OFFICER. The ma- chosen by mutual consent. The United weapon, and they continue to deny jority controls 20 minutes. States says that would mean Assad’s even- IAEA inspectors entry into nuclear fa- Mr. MENENDEZ. I recognize myself tual exit; Russia says not necessarily. for such time as I may consume. Kerry stopped in Oman on Tuesday to so- cilities while the centrifuges continue lidify a partnership with a rare Sunni Arab to increase dramatically. Just a few Let me start off by thanking and nation that has friendly relations with both hours ago, the IAEA issued a report congratulating my colleague Senator Iran and the United States. He was readying that says Iran has installed close to 700 GRAHAM for joining with me, for engag- plans with Sultan Qaboos bin Said for high-tech centrifuges, which will expo- ing me on this critical question. He Oman’s purchase of an estimated $2.1 billion nentially increase the speed with which knows my concerns about Iran’s march air-defense system. The Raytheon-built sys- Iran will be able to enrich uranium. toward nuclear weapons, and together tem is part of a coordinated, U.S.-led detec- Iran’s pursuit of nuclear weapons ca- we thought it was an important state- tion and defense network intended to ment to make. I appreciate his leader- counter Iran’s sophisticated missile systems. pability cannot be divorced from its The State Department official would not other destabilizing actions. The threat ship on this issue and bringing us to a say whether Iran was welcome at the Syria from Iran is comprehensive. It includes point where I think we will have a re- conference in Geneva, tentatively set for ongoing threats against Israel and markably strong bipartisan vote today June. other allied Arab governments across to send a very clear message. The mes- In Washington on Tuesday, the Senate the region, it includes a decades-long sage is that we seek full implementa- Foreign Relations Committee passed legisla- campaign of unconventional warfare, tion of U.S. and international sanc- tion authorizing President Obama to send tions on Iran and urge the President to weapons to vetted Syrian opposition groups. and it includes Iran’s ongoing role as Although the administration has not decided the No. 1 state sponsor of terrorism in continue to strengthen enforcement of whether to provide lethal aid and does not the world. those sanctions. need congressional approval to do so, the Let’s not forget that Iran has bol- I cannot emphasize enough my measure would strengthen Obama’s case stered violent extremist groups such as strong concerns about Iran’s nuclear against those lawmakers who disapprove of Hezbollah and Shiite militias in Iraq program and the extraordinary threat stepped-up U.S. involvement in Syria. who are responsible for the murders of it poses, yes, to Israel but, very impor- The bill, co-sponsored by Sen. Robert tantly, to the United States of America Menendez (D–N.J.), the committee chairman, hundreds of young American forces and and Sen. Bob Corker (R–Tenn.), the ranking innocent civilians or that senior lead- and to the entire international commu- minority member, also creates a $250 million ers of the Quds Force were implicated nity. Iran’s provocative actions threat- annual transition fund—from reprogrammed, in a terrorist plot to assassinate Saudi en to not just undo regional stability, not newly appropriated, money—to help the Arabia’s Ambassador to the United but they pose an existential threat to civilian opposition preserve government in- States on U.S. soil. our ally Israel and clearly a very clear stitutions and strengthen sanctions against The Iranian regime continues to un- threat to the national security of the anyone providing arms or selling oil to dertake its full-fledged campaign of United States. Iran continues to export Assad. terrorist activity directly and through Menendez acknowledged concerns that U.S. brutality to keep Bashar al-Asad in weapons could fall into the hands of Islamist power in Syria. Senior Iranian officials proxies, such as Hezbollah. It continues extremists fighting on the side of the opposi- are advising and assisting the Syrian to actively support the Asad regime tion. But, he said, ‘‘if we stand aside and do military with intelligence support and Syria with fighters, arms, and petro- nothing,’’ such worries ‘‘will become self-ful- weapons. They have undertaken, to- leum. It continues its unrelenting drive filling prophecy.’’ gether with Hezbollah, a large-scale for nuclear weapons, placing it at the The bill, which passed the committee on a training effort of as many as 50,000 mi- top of our list of national security con- bipartisan 15 to 3 vote, still requires ap- cerns. In my view it remains the para- proval by the entire Senate and by the litiamen. As today’s Washington Post House, which has no companion version makes clear, Iranian soldiers are fight- mount national security challenge we pending. ing on the ground in Syria, supporting face, certainly in the Middle East, if Karen DeYoung in Washington contributed the regime as it massacres its civilians. not the world. to this report. I ask whether this is in America’s na- We are at a crossroads in our Iran Mr. MCCAIN. I join with 90 Members tional security interest. policy, and the question today is, What of the Senate to support this resolu- The threat in Iran is more deadly and do we do next? The Obama administra- tion. This resolution has extraordinary more serious than any I have seen in tion, in concert with the Congress, has bipartisan support. The Senate will my lifetime. I don’t think this threat pursued a dual-track approach of diplo- send a clear and unequivocal message will be fully resolved until a very dif- macy and sanctions. Two weeks ago to the regime in Tehran, and that is ferent set of leaders is in power in members of the Foreign Relations this: The United States will not allow Tehran and until we see an Iranian Committee met with Lady Ashton, who you to get a nuclear weapons capa- Government that reflects the will of has led the diplomatic track with the bility. the Iranian people. I am confident that P5+1, along with Under Secretary Sher- The dangers of a nuclear Iran cannot the current regime that rules Iran will man. The talks have been central in be denied, diminished, or dismissed. We not last forever for the simple reason demonstrating to the world that it is

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.008 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3741 Iran and not the United States that is use of force, it does also make clear I urge my colleagues to support the acting in bad faith and it is Iran that, that we have Israel’s back and, specifi- Graham-Menendez resolution and full through its obstinacy, has helped gal- cally, that if Israel is compelled to implementation of U.S. international vanize the international community to take military action in self-defense sanctions on Iran. We are considering increase the pressure. But the talks against Iran’s nuclear program, we other options before the Senate For- have failed to achieve their central ob- should stand with Israel, using all the eign Relations Committee, as well as jective, which is getting Iran to make tools of our national power to assist working with our colleagues on the concessions on its nuclear program. Israel in defense of its territory, its Senate Banking Committee to make it It is clear to me that we cannot allow people, and its very existence. very clear we will exercise and exhaust the Iranians to continue to drag their The bottom line is that Israel should all options that are peaceful diplomacy feet by talking, while all the while always understand the United States to achieve our ultimate goal. they grow their nuclear program. Iran has its back; that we will not allow This resolution makes it very clear is proceeding at a fast pace. Today, as Iran to obtain nuclear weapons capa- to the world we stand behind the Presi- has been mentioned, the International bility, and if we are forced to, we will dent as he stands behind Israel, and it Atomic Energy Agency, in its quar- take whatever means necessary to pre- says to Israel: We continue to be your terly report, said that Iran has in- vent this outcome. faithful ally. We recognize you as a stalled almost 700 advanced IR2m cen- As the President has reiterated on clear democracy in a challenging part trifuges at Natanz, an increase of more numerous occasions, all options—all of the world, as a major security part- than 500 centrifuges since February of options—are on the table. That mes- ner of the United States, and the one this year. These are centrifuges that sage, along with the solidarity of this country most likely to be voting with can more efficiently and more quickly Chamber, I intend to take with me on us in international organizations in enrich uranium. The IAEA’s report my visit to Israel later this week. common cause with common values. also again expressed concern about the The simple fact is we need to con- That is what I think this vote will be possible military dimensions of Iran’s tinue to apply pressure and we must about tonight. nuclear program. bring along the international commu- I reserve the remainder of my time We cannot allow Iran to buy more nity in our effort. This has been incred- because I do believe I have a colleague time by talking even as the centrifuges ibly important, because while we have who wishes to speak, but I yield the keep spinning. There is no doubt and led, we have had a multiplier effect floor. there has never been a doubt—cer- with the multilateral support of the The PRESIDING OFFICER. The Sen- tainly not in my mind—that a nuclear- European Union and others so our ator from South Carolina is recognized. armed Iran is not an option for U.S. na- sanctions can bite, and they have been There is 8 minutes remaining on the tional security. That is why I have biting. Iran’s crude oil exports have Republican side and 9 minutes remain- 1 been fully dedicated to doing every- been cut in half, from 2 ⁄2 million bar- ing on the majority side. thing we can to stop Iran from ever rels per day in 2011 to approximately Mr. GRAHAM. At this time, I yield 2 crossing that threshold. That is why I 1.25 million barrels now per day. Iran minutes to my friend from Mississippi, introduced, along with Senator GRA- still had energy sector exports, how- Senator WICKER, who is a member of HAM, this resolution that makes clear ever, of $83 billion in 2012, including $60 the Armed Services Committee. that a nuclear Iran is not an option and billion in oil and another $23 billion in The PRESIDING OFFICER. The Sen- that the United States has Israel’s natural gas, fuel oil, and condensates. ator from Mississippi. back. It is why I have come to this The sanctions are working, but they Mr. WICKER. Mr. President, I rise in floor time after time as an author of aren’t enough, and they aren’t working strong support of this resolution be- some of the toughest sanctions that fast enough. cause Iran represents the single largest In my view, we need to double down one country has ever levied against an- threat to freedom and peace in the on four fronts. other, the sanctions against Iran. Middle East. Our State Department Working closely with my colleague First, we need to encourage further classifies Iran as the most active state Senator KIRK and with the Obama ad- reductions in energy sector purchases sponsor of terrorism, period. ministration, we have implemented from Iran, including purchases of pe- A troubling news account from Reu- these sanctions in a way that is truly troleum, fuel oil, and condensates and ters released just yesterday reveals a strangling the Iranian economy. Iran’s prevent Iran from engaging in trade in United Nations nuclear agency report leaders must understand that unless precious metals to circumvent sanc- due this week is ‘‘expected to show they change their course, their situa- tions; second, we need to ensure we Iran further increasing its capacity to tion will only get worse and economic have prohibited trade with Iran with produce material that . . . could even- struggles and international isolation respect to all dual-use items that can will grow. They must understand that be used in Iran’s nuclear program. That tually be put to developing atomic at the end of the day their pursuit of a means adding additional industry sec- bombs.’’ The clock is ticking. This is a mo- nuclear weapons capability will make tors to the trade prohibition list; third, them less, not more, secure. we need to ask the international com- ment to be resolute. The forceful words I also want to say something about munity to ramp up the pressure and we just heard from the distinguished Iran’s unacceptable and deplorable ap- change Teheran’s calculus. A nuclear chairman of the Foreign Relations proach to the State of Israel and its Iran, after all, isn’t only an American Committee, and previously from the continued threats to the Jewish State. problem; and fourth, the time may distinguished senior Senator from Ari- As the President has made clear time have also come to look more seriously zona, demonstrate our firm bipartisan and again, America’s commitment to at all options and that would include position on this matter. The world can Israel’s security is unshakeable. I share increasing military presence and pres- ill afford the prospect of a nuclear- the President’s commitment to Israel’s sure against Iran. armed Iran. That is why it is incum- security, and I know my colleagues do I believe there still may be time for bent on the Congress and the President as well. Every time Iran makes out- diplomacy to work, but increased mili- to take every action necessary to pre- rageous threats, it only succeeds in tary pressure could signal to the su- vent Iran from acquiring a weapon of further uniting the world against it preme leader a nuclear program will mass destruction. All options must be and strengthening America’s resolve. undermine the security of his regime, on the table, as the resolution indi- I strongly support the close and un- not improve it. cates, to prevent a nuclear-armed Iran. precedented security cooperation that Fundamentally, the challenge re- Israel is a nation under siege by ter- the administration has pursued with mains a difficult one and we are walk- rorist organizations, many of which are Israel, and I know this cooperation will ing a fine line. But this resolution says being directly funded by the Iranian re- only continue. I am deeply committed to the supreme leader of Iran that we gime. The United States must not to doing everything I can to ensure will not let up, we will continue to waiver in its support and obligation to that Israel is able to defend itself. apply pressure, and this continued pur- our friends in Israel. I am pleased this While this resolution makes abso- suit of nuclear weapons is threatening resolution reaffirms our commitment lutely clear we are not authorizing the the very existence of his regime. to Israel, particularly in the event

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.064 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3742 CONGRESSIONAL RECORD — SENATE May 22, 2013 Israel is forced to exercise its sovereign The United States supports our stra- of poison gas. After all, President right to defend itself. tegic partner Israel, and that is why I Obama famously warned the Asad re- I urge my colleagues to take a firm support S. Res. 65, because it dem- gime that deploying chemical weapons stand against nuclear proliferation by onstrates our full, unyielding, would be tantamount to crossing a red voting for strengthened sanctions and unstinting support for Israel if the un- line. Yet the White House is walking for the adoption of this resolution. thinkable and the avoidable happens. back its red line comments and issuing I yield back whatever time I may I yield back the remainder of my retroactive qualifiers. have remaining. time. We can be sure the mullahs are tak- The PRESIDING OFFICER. The sen- The PRESIDING OFFICER. The Sen- ing notes, and we can be sure the out- ior Senator from Connecticut. ator from South Carolina. come of the Syrian civil war will help Mr. BLUMENTHAL. Mr. President, I Mr. GRAHAM. At this time, I yield 5 determine the outcome of the Iranian rise to express my strong support for minutes to my good friend from Texas, nuclear crisis. this resolution and to thank our col- a strong supporter of the United I yield the floor. leagues Senator GRAHAM and Senator States-Israel relationship, Senator Mr. SCHUMER. Mr. President, I rise MENENDEZ for their leadership and to CORNYN. in support of S. Res. 65, an important thank them also for giving me the The PRESIDING OFFICER. The sen- and timely resolution that restates privilege of working with them over ior Senator from Texas. U.S. policy to prevent Iran from ac- the last years on this vitally important Mr. CORNYN. Mr. President, back in quiring a nuclear weapons capability national security issue. It is vital not October 2012, two Iran experts at the and expresses U.S. support should just to the existence of Israel—it is an Foundation for Defense of Democracies Israel be compelled to take military existential issue for Israel—but to the wrote a sobering article about the Ira- action against Iran in its own legiti- national security of the United States. nian nuclear program. They concluded mate self-defense. I believe Israel is a crucial ally of the that, despite years of international and I would like to take this time to United States and a successful demo- unilateral sanctions, Iran’s economy thank my colleagues Senator MENEN- cratic state in the Middle East. Recent had been allowed to remain healthy DEZ, Senator GRAHAM, Senator HOEVEN, turmoil in that region adds urgency enough to leave a vanishingly short pe- and Senator BLUMENTHAL for joining and importance to ensuring that Israel riod of time for sanctions to do the forces to introduce this important bi- remains a secure, stable, independent work that might possibly head off mili- partisan resolution that recognizes and state. This resolution is a reaffirmation of tary action. reaffirms the special bonds of friend- Seven months have passed since that the readiness of the United States of ship and cooperation that have existed article was written, and over that pe- America to assist Israel, our steadfast between the United States and the partner in the region, to thwart any riod of time the following things have State of Israel for more than six dec- measure of aggression made toward happened: The Iranians have upgraded ades. Israel by Iran. their biggest uranium enrichment Make no mistake—the diplomatic, It is also a reaffirmation of the pol- plant. The head of the International security, and economic relationship be- icy long supported by this body—by our Atomic Energy Agency has found cred- tween Israel and the United States is colleagues here, by all of us in a very ible evidence that Tehran has secretly stronger than it has ever been, and personal and direct way—that we have been pursuing nuclear weapons tech- nothing can break that everlasting the back of the President of the United nology. The United States renewed bond. But let’s be completely frank. States in his insisting on strong sanc- sanction waivers for countries that im- Right now, our friend Israel faces one tions against Iran as long as it con- port substantial amounts of Iranian of the gravest threats it has confronted tinues its development of a nuclear ca- oil. President Obama installed a harsh in more than a half a century. pability. critic of Iran sanctions as his Sec- The Islamic Republic of Iran is dan- In the coming days, I will be intro- retary of Defense. The Iranians have gerously obsessed with the goal of ac- ducing, along with my colleague the continued to prop up Syria and its dic- quiring a nuclear weapons capability. senior Senator from North Dakota, Mr. tator Bashar Asad and transport dan- And we are getting closer and closer to HOEVEN, a resolution that calls for free gerous weapons to Hezbollah as well. ‘‘crunch time’’ in terms of Iran devel- and fair elections in Iran. Regardless of In short, the Iranians are feeling oping that nuclear weapons capability. the outcome of these elections—and emboldened, America’s credibility is Time is of the essence, but unfortu- they are likely to be sham elections— being tested, and time is running out. nately the latest talks between the we can’t avoid the sad fact that Iran For these reasons, I am a proud cospon- United States, our international part- has maintained its course and commit- sor of S. Res. 65, which would send a ners, and Iran in Almaty, Kazakhstan, ment to nuclear development. The cen- clear message we are determined not failed to achieve any progress toward trifuges are spinning, they are going, just to contain Iran but to prevent the curbing Tehran’s nuclear ambitions. and more are brought online every day Iranians from acquiring a nuclear ‘‘Talks’’ about the ‘‘future talks’’ are in this breakout for nuclear capacity. weapon. ongoing, but the centrifuges continue So we have to be wary of false signals It would also send a clear message to spin in Iran, with more advanced of hope and remain vigilant in our con- the United States will stand with centrifuges on the way. stant effort to secure against Iran Israel if our democratic ally is forced And who can deny the horrific ac- faithfully pursuing nuclear weapons. to take military action in legitimate tions of the Iranian regime. From its Fruitless negotiations can’t be our self-defense. support of the vicious Asad regime in reason to call a halt to these sanctions. I would also add that I have joined Syria, which is spearheading a human That can come only with compliance— my colleague from Illinois Senator rights catastrophe that has led to the verified compliance. We have to remain KIRK in introducing a separate bill, the deaths of more than 70,000 people, to its vigilant and remember that Iran has Iran Export Embargo Act, which would backing of murderous terrorist organi- threatened to attack not only Israel further expand U.S. sanctions by pro- zations like Hamas and Hezbollah, the but the United States. It has substan- hibiting companies from doing business Iranian regime is getting more and tiated those words with attacks on our with any entity that is owned or con- more dangerous by the day. All the troops in Iraq and on American civil- trolled by the Government of Iran. while, Iran’s President Mahmoud ians visiting or living in Israel. More specifically, our bill would pro- Ahmadinejad continues to guide his It is Israel who helps diffuse those hibit all export-related transactions people down a very perilous path. threats from Hamas and Hezbollah and conducted on behalf of Iranian Govern- That is why this bipartisan resolu- all who have targeted America. If Iran ment entities, and it would block their tion is so timely. It recognizes the tre- chooses to declare war on Israel, if it assets. mendous threat posed to the United ignores the path of peace the inter- One final point. The Iranians are not States, the West, and Israel by Iran’s national community has repeatedly just waiting to see how we beef up continuing pursuit of a nuclear weap- laid down for it, they must know they sanctions, they are also waiting to see ons capability, and it deplores and con- do it at their peril. how we respond to Syria’s apparent use demns in the strongest possible terms

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.068 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3743 the reprehensible statements and poli- Energy Agency’s, IAEA, regulatory au- strain Iran’s nuclear ambitions and to cies of the leaders of the Islamic Re- thority and oversight, the United compel Iran to comply with the stand- public of Iran threatening the security States must reiterate the plain and ards and norms expected of members of and existence of Israel. simple fact that a nuclear Iran is unac- the world community. And while sanc- The United States must do every- ceptable. tions are having a significant impact thing we can—as quickly as we can—to When looking at the bigger picture, on Iran’s economy, they have not yet convince the Iranian Government that the recent terrorist attacks and caused Iran’s leaders to alter their it is in its interest to abandon its pur- killings in Boston and Benghazi remind course. suit of nuclear weapons. This resolu- all Americans that our war on ter- Just yesterday, Iran’s leaders again tion sends a blunt message to the Gov- rorism continues. Even as troop num- showed their uncompromising and ernment of Iran the United States will bers dwindle in Afghanistan, this fight hard-line stance by excluding viable take whatever steps are necessary to and its core focus are far from over. We opposition candidates from their up- prevent Iran from acquiring a nuclear must continue to combat the terrorist coming Presidential election. weapons capability. threat around the world and strengthen There has been a special bond of This resolution states that nothing our allied relationships as this fight friendship and cooperation between the in this text shall be construed as an au- continues. Iran’s funneling of weapons U.S. and the State of Israel for over 60 thorization for the use of force or a and aid to terrorist cells increases years, which continues to retain broad declaration of war. But rest assured, I their threat beyond the neighborhood. bipartisan support. We should continue to support and expand the close mili- believe that when it comes to Iran, we Iran is not only a threat to Israel but tary, intelligence, and security co- should never take the military option to the United States as well. Senate off the table. President Obama has operation between our two countries. Resolution 65 reminds us of this fact In this context, S. Res. 65 makes stated that Israel is a true friend. And and of the long and important strategic three vital points. if Israel is attacked, America will relationship our nations have shared, First, it reiterates that it is U.S. pol- stand with Israel. Most importantly, one which has been built of mutual icy to prevent Iran from achieving a President Obama has said that Iran’s trust and strengthened through secu- nuclear weapons capability. leaders should understand that he does rity cooperation. Second, it calls for the full imple- not have a policy of containment; rath- I strongly support the United States’ mentation of United States and inter- er President Obama has a policy to pre- determination to prevent Iran from ob- national sanctions on Iran and urges vent Iran from obtaining a nuclear taining a nuclear weapon. I strongly the President to continue and weapon.’’ I take the President at his support this resolution as it makes our strengthen enforcement of sanctions word, and so should the Government of determination unequivocal. All options legislation, including closing loopholes Iran. But we need to ratchet up the are on the table. that allow the regime to skirt sanc- sanctions and the pressure on Iran now. To avoid our option of last resort, tions. And rest assured—Congress has given armed conflict, it is important that And third, it makes clear the U.S. the President a powerful package of this Congress continue to push for full should stand in support of Israel in economic sanctions that will paralyze implementation of sanctions against case Israel is compelled to take mili- the Iranian economy and I am con- the current regime in Iran to cripple tary action in self-defense, in accord- fident we in Congress will do more and their ability to acquire a nuclear weap- ance with U.S. law and Congress’s con- this Administration will do more to on. I encourage all of my colleagues to stitutional responsibility to authorize prevent Iran from developing a nuclear join me in advocating for this—not the use of force. weapons capability. only this administration, but for the Now is not the time for America to I strongly urge my colleagues in the European Union and democracies project any ambiguity concerning Senate to support this important reso- around the world to strengthen their Iran’s nuclear program. lution and I look forward to its swift sanctions on this rogue regime, as While we hope that sanctions will ul- passage. Iran’s beliefs, rhetoric, and actions timately prove successful in per- Mr. ROBERTS. Mr. President, I rise threaten every nation who calls for de- suading the regime to halt its nuclear today in advocacy for each of my col- mocracy and freedom. ambitions, we must at the same time leagues to come to the floor this after- Of greatest importance, this resolu- make clear to Tehran that we will noon and vote in support of Senate tion makes it crystal clear that the stand with Israel. Any other message Resolution 65. This vital resolution United States stands firmly behind will simply encourage the mullahs to makes a clear statement to Iran—both Israel and her right to self-defense by believe that Iran can pursue its nuclear to the current regime and to Iranian pledging full support should Israel take ambitions with impunity—and may fa- citizens who wish for real and true military action against the threat of cilitate precisely the sort of crisis that we all hope to avoid. change from the status quo—that the Iran’s nuclear program. This is not an United States will not tolerate its de- I urge my colleagues to stand with authorization for use of military force Israel by voting in favor of S. Res. 65. velopment of a nuclear weapon. Addi- or a declaration of war. However, it Mr. LEVIN. Mr. President, I support tionally, Senate Resolution 65 ex- sends the right message to Iran and the the resolution on Iran that we are vot- presses the United States’ uncondi- rest of the world. The United States ing on today, and I hope it sends a tional support for Israel’s right to self- stands strong behind our allies. Even in strong message to Iran as it continues defense against the threat of a nuclear this time of necessary financial re- to flout the international community Iran. straint, the United States will never in pursuit of a nuclear program that is These vital statements come at a leave an ally to fight alone. a significant challenge to our Nation, time when change could happen with Mr. WARNER. Mr. President, I rise our allies, and the world. Iran’s elections next month. But unfor- in strong support of S. Res. 65, a resolu- While a diplomatic arrangement in tunately, there is little reason to be- tion which sends Israel, Iran, and the which Iran rejoins the responsible com- lieve things will change. According to region a clear message: We stand with munity of nations remains far and the State Department, Iran remains our friends in Israel as they face the away the preferred outcome, there is a the most active state sponsor of ter- looming threat of a nuclear-capable consensus in that a nuclear-armed Iran rorism. This is a statistic that must be Iran. is not acceptable and that all options— addressed. Iran’s continual material I thank Senators GRAHAM and including military options—must re- and financial support to Hezbollah and MENENDEZ for submitting this critical main available to prevent such an out- Hamas, expanding involvement in resolution, which comes as we face a come. Syria, and serial deception of its nu- dangerous crossroads in the Middle However, according to a New York clear program are unlikely to be dif- East. Times report today, Iran is pressing ferent a month from now; a year from Iran’s quest for a nuclear weapons ca- ahead with the construction of a re- now; perhaps, a decade from now. Espe- pability is moving closer and closer to search reactor that could offer it an- cially as Iran continues to reject the fruition. Talks with Iran have yet to other way to produce material for a nu- United Nation’s International Atomic achieve the progress necessary to re- clear weapon should it decide to do so.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.067 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3744 CONGRESSIONAL RECORD — SENATE May 22, 2013 If true, this is further evidence that clear-capable Iran, we will be there for it for inappropriate purposes or any Iran is not interested in a diplomatic them. We will have their back. Where I purposes other than production of med- solution, but rather in walking up to come from, when we tell somebody, ‘‘I ical devices and products as well as the line of a nuclear weapon capability have your back,’’ that means if they providing nuclear power. to fuel an arms race in the region, in- get into a fight for their very life, they I trust also that we have a 100-per- crease the risk of proliferation, and can count on us to be there. cent vote on this so we send a very challenge the global community. In this case, Israel can count on the strong signal to the Iranians that we Over the past 2 years, the National American people, the Senate, and our will not tolerate them going forward Defense Authorization Act has in- Commander in Chief to be there. If that with this plan. cluded sanctions provisions that have day ever comes, and I pray it does not, I thank the Senator for yielding ratcheted up the pressure on Iran’s but if that day ever comes where Israel time. ability to facilitate and support its il- has to take military action, to our Mr. REID. Mr. President, notwith- licit network of nuclear suppliers and friends in Israel: We will be there with standing the previous order with re- has made it more difficult for the gov- you every step of the way, diplomati- spect to S. Res. 65, I ask consent that ernment of Iran to conduct business as cally, economically, and, yes, mili- the committee-reported amendment be usual until Iran changes its course. I tarily. agreed to. will continue to support additional uni- To the Iranian people: We would love The PRESIDING OFFICER. Is there lateral and multilateral sanctions re- to have a better relationship with you. objection? Without objection, it is so gimes that further increase the pres- To the Iranian regime: You are one of ordered. sure on Iran’s economy. the biggest evils on the planet. We will Mr. GRAHAM. I do not see any other I look forward to supporting this res- stand up to you. We will stand by our speakers. I yield the remainder of the olution today, and I urge my col- friends. And your desire to throw the time. leagues to support it as well. world in chaos is never going to happen The PRESIDING OFFICER. All time Mr. GRAHAM. Mr. President, how because we will be there when nec- is yielded back. The question is on much time remains? essary to stop your ambitions. adoption of S. Res. 65, as amended. The PRESIDING OFFICER. The Sen- To every colleague who has taken Mr. GRAHAM. I ask for the yeas and ator has 2 minutes remaining. time out to sponsor this resolution, nays. Mr. GRAHAM. I thank Senator COR- taken time out to speak on the floor: The PRESIDING OFFICER. Is there a NYN and every person who spoke today Thank you. There is not much we agree sufficient second? and all the Senators who cosponsored on 100 percent, but I think today will There is a sufficient second. this resolution. I thank Senator REID be a major milestone in our efforts to The clerk will call the roll. for making the time available. Senator secure Israel and the United States. I The legislative clerk called the roll. MENENDEZ has been a terrific partner, think today we will have 100 percent Mr. DURBIN. I announce that the the strongest voice one could hope for support by the Senate and stand by our Senator from New Jersey (Mr. LAUTEN- in having a partner on the Democratic friends in Israel and stand up to the BERG) is necessarily absent. side to stand at a time when it mat- thugs in Iran. The PRESIDING OFFICER. Are there ters. I yield the floor. any other Senators in the Chamber de- In conclusion, on March 4, 2012, the The PRESIDING OFFICER. The Sen- siring to vote? President, President Obama, said ator from Indiana is recognized. The result was announced—yeas 99, ‘‘when the chips are down, I have Mr. COATS. Mr. President, I thank nays 0, not voting 1, as follows: Israel’s back.’’ my colleague from South Carolina for [Rollcall Vote No. 133 Leg.] Mr. President, you were right then. bringing this forward. We have imple- YEAS—99 Today the Senate will speak with one mented now another set of sanctions. Alexander Flake Moran voice echoing what you said. There is still some question as to Ayotte Franken Murkowski There is a lot of wonderment about whether sanctions will succeed and Baldwin Gillibrand Murphy what is going to happen with the Ira- bring about the result we want, but I Barrasso Graham Murray Baucus Grassley Nelson nian nuclear program. I hope and pray particularly commend my colleague for Begich Hagan Paul they stop their nuclear ambitions be- his statement just a few moments ago Bennet Harkin Portman cause they don’t want a nuclear reac- relative to the commitment of the Blumenthal Hatch Pryor Blunt Heinrich Reed tor, they want a nuclear weapon. If United States toward the security, Boozman Heitkamp Reid they ever get one we will never be safe, safety and preservation of Israel in Boxer Heller Risch Israel will be under the gun for the rest light of this threat that exists in Iran. Brown Hirono Roberts of its existence, and they will share the For years and years the clock has Burr Hoeven Rockefeller Cantwell Inhofe Rubio technology with the terrorists. Every been ticking as the Iranians pursue nu- Cardin Isakson Sanders Sunni Arab state will want a nuclear clear weapons capability. We know Carper Johanns Schatz weapon to counter the Shia Persians that for a fact. We need to exert every Casey Johnson (SD) Schumer possible measure that we can to give Chambliss Johnson (WI) Scott and all hell will break out beyond what Coats Kaine Sessions it is today in the Mid-East. them reason not to go forward and do Coburn King Shaheen How do we prevent that? Sanctions, this. That involves everything from di- Cochran Kirk Shelby diplomacy, but the one thing we can- plomacy to pressure through multi- Collins Klobuchar Stabenow Coons Landrieu Tester not have in doubt is what we would do national organizations, through sanc- Corker Leahy Thune if Israel had to act in her self-defense tions and ever-tightening, ever- Cornyn Lee Toomey to stop the nuclear ambitions of an Ira- ratcheting sanctions against them, but Cowan Levin Udall (CO) also the commitment to use whatever Crapo Manchin Udall (NM) nian regime that has promised to wipe Cruz McCain Vitter the State of Israel off the map. force may be necessary. I, along with Donnelly McCaskill Warner After today, in about 10 or 15 min- my colleague, pray this does not hap- Durbin McConnell Warren utes, I believe every Member of the pen. But Iran absolutely has to know Enzi Menendez Whitehouse Feinstein Merkley Wicker Senate will be telling the Iranians we that the United States will be standing Fischer Mikulski Wyden are not going to allow them to get a shoulder to shoulder with the nation of nuclear weapon because if we do, they Israel. If they level their gun sights at NOT VOTING—1 will throw the world in chaos. It will Israel, they are going to see us in the Lautenberg threaten our very existence, as well as scope, standing shoulder to shoulder. The resolution (S. Res. 65), as amend- the State of Israel, but most important We are committed to that. We are com- ed, was agreed to. we are going to tell everybody in the mitted to doing everything we possibly The PRESIDING OFFICER. Under Mid-East, throughout the world, in can to prohibit and prevent Iran from the previous order, the preamble is Tehran, Jerusalem and Tel Aviv that if achieving this nuclear capability. We agreed to and the motions to recon- there is a conflict where Israel is justi- will take whatever steps are necessary sider are considered made and laid fied in defending herself against a nu- if they use it—if they gain that and use upon the table.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.052 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3745 The resolution (S. Res. 65), as amend- ment-related and reprocessing activities and Whereas, in December 2012, 74 United ed, with its preamble, reads as follows: its full cooperation with the IAEA on all States Senators wrote to President Obama outstanding issues related to its nuclear ac- ‘‘As you begin your second term as Presi- S. RES. 65 tivities, particularly those concerning the dent, we ask you to reiterate your readiness Whereas, on May 14, 1948, the people of possible military dimensions of its nuclear to take military action against Iran if it Israel proclaimed the establishment of the program; continues its efforts to acquire a nuclear sovereign and independent State of Israel; Whereas the Government of the Islamic weapon. In addition, we urge you to work Whereas, on March 28, 1949, the United Republic of Iran has refused to comply with with our European and Middle Eastern allies States Government recognized the establish- United Nations Security Council resolutions to demonstrate to the Iranians that a cred- ment of the new State of Israel and estab- or to fully cooperate with the IAEA; ible and capable multilateral coalition exists lished full diplomatic relations; Whereas, in November 2011, the IAEA Di- that would support a military strike if, in Whereas, since its establishment nearly 65 rector General issued a report that docu- the end, this is unfortunately necessary.’’; years ago, the modern State of Israel has re- mented ‘‘serious concerns regarding possible and built a nation, forged a new and dynamic military dimensions to Iran’s nuclear pro- Whereas the United States-Israel Enhanced democratic society, and created a thriving gramme,’’ and affirmed that information Security Cooperation Act of 2012 (Public Law economic, political, cultural, and intellec- available to the IAEA indicates that ‘‘Iran 112–150) stated that it is United States policy tual life despite the heavy costs of war, ter- has carried out activities relevant to the de- to support Israel’s inherent right to self-de- rorism, and unjustified diplomatic and eco- velopment of a nuclear explosive device’’ and fense: Now, therefore, be it nomic boycotts against the people of Israel; that some activities may be ongoing; Resolved, Whereas the people of Israel have estab- Whereas the Government of Iran stands in SECTION 1. SENSE OF CONGRESS. lished a vibrant, pluralistic, democratic po- violation of the Universal Declaration of Congress— litical system, including freedom of speech, Human Rights for denying its citizens basic (1) reaffirms the special bonds of friendship association, and religion; a vigorously free freedoms, including the freedoms of expres- and cooperation that have existed between press; free, fair, and open elections; the rule sion, religion, peaceful assembly and move- the United States and the State of Israel for of law; a fully independent judiciary; and ment, and for flagrantly abusing the rights more than sixty years and that enjoy over- other democratic principles and practices; of minorities and women; whelming bipartisan support in Congress and Whereas, since the 1979 revolution in Iran, Whereas in his State of the Union Address among the people of the United States; the leaders of the Islamic Republic of Iran on January 24, 2012, President Barack Obama (2) strongly supports the close military, in- have repeatedly made threats against the ex- stated, ‘‘Let there be no doubt: America is istence of the State of Israel and sponsored telligence, and security cooperation that determined to prevent Iran from getting a President Obama has pursued with Israel and acts of terrorism and violence against its nuclear weapon, and I will take no options citizens; urges this cooperation to continue and deep- off the table to achieve that goal.’’; en; Whereas, on October 27, 2005, President of Whereas Congress has passed and the Iran Mahmoud Ahmadinejad called for a (3) deplores and condemns, in the strongest President has signed into law legislation im- possible terms, the reprehensible statements world without America and Zionism; posing significant economic and diplomatic Whereas, in February 2012, Supreme Leader and policies of the leaders of the Islamic Re- sanctions on Iran to encourage the Govern- public of Iran threatening the security and of Iran Ali Khamenei said of Israel, ‘‘The Zi- ment of Iran to abandon its pursuit of nu- onist regime is a true cancer tumor on this existence of Israel; clear weapons and end its support for ter- (4) recognizes the tremendous threat posed region that should be cut off. And it defi- rorism; nitely will be cut off.’’; to the United States, the West, and Israel by Whereas these sanctions, while having sig- the Government of Iran’s continuing pursuit Whereas, in August 2012, Supreme Leader nificant effect, have yet to persuade Iran to Khamenei said of Israel, ‘‘This bogus and of a nuclear weapons capability; abandon its illicit pursuits and comply with (5) reiterates that the policy of the United fake Zionist outgrowth will disappear off the United Nations Security Council resolutions; landscape of geography.’’; States is to prevent Iran from acquiring a Whereas more stringent enforcement of nuclear weapon capability and to take such Whereas, in August 2012, President sanctions legislation, including elements Ahmadinejad said that ‘‘in the new Middle action as may be necessary to implement targeting oil exports and access to foreign this policy; East . . . there will be no trace of the Amer- exchange, could still lead the Government of (6) reaffirms its strong support for the full ican presence and the Zionists’’; Iran to change course; implementation of United States and inter- Whereas the Department of State has des- Whereas, in his State of the Union Address national sanctions on Iran and urges the ignated the Islamic Republic of Iran as a on February 12, 2013, President Obama reiter- President to continue and strengthen en- state sponsor of terrorism since 1984 and has ated, ‘‘The leaders of Iran must recognize forcement of sanctions legislation; characterized the Islamic Republic of Iran as that now is the time for a diplomatic solu- (7) declares that the United States has a the ‘‘most active state sponsor of terrorism’’ tion, because a coalition stands united in de- vital national interest in, and unbreakable in the world; manding that they meet their obligations. commitment to, ensuring the existence, sur- Whereas the Government of the Islamic And we will do what is necessary to prevent vival, and security of the State of Israel, and Republic of Iran has provided weapons, train- them from getting a nuclear weapon.’’; ing, funding, and direction to terrorist Whereas, on March 4, 2012, President reaffirms United States support for Israel’s groups, including Hamas, Hizballah, and Shi- Obama stated, ‘‘Iran’s leaders should under- right to self-defense; and ite militias in Iraq that are responsible for stand that I do not have a policy of contain- (8) urges that, if the Government of Israel the murder of hundreds of United States ment; I have a policy to prevent Iran from is compelled to take military action in le- service members and innocent civilians; obtaining a nuclear weapon.’’; gitimate self-defense against Iran’s nuclear Whereas the Government of the Islamic Whereas, on October 22, 2012, President weapons program, the United States Govern- Republic of Iran has provided weapons, train- Obama said of Iran, ‘‘The clock is ticking ment should stand with Israel and provide, ing, and funding to the regime of Bashar al . . . And we’re going to make sure that if in accordance with United States law and Assad that has been used to suppress and they do not meet the demands of the inter- the constitutional responsibility of Congress murder its own people; national community, then we are going to to authorize the use of military force, diplo- Whereas, since at least the late 1980s, the take all options necessary to make sure they matic, military, and economic support to the Government of the Islamic Republic of Iran don’t have a nuclear weapon.’’; Government of Israel in its defense of its ter- has engaged in a sustained and well-docu- Whereas, on May 19, 2011, President Obama ritory, people, and existence. mented pattern of illicit and deceptive ac- stated, ‘‘Every state has the right to self-de- SEC. 2. RULES OF CONSTRUCTION. tivities to acquire a nuclear weapons capa- fense, and Israel must be able to defend Nothing in this resolution shall be con- bility; itself, by itself, against any threat.’’; strued as an authorization for the use of Whereas, since September 2005, the Board Whereas, on September 21, 2011, President force or a declaration of war. of Governors of the International Atomic Obama stated, ‘‘America’s commitment to f Energy Agency (IAEA) has found the Islamic Israel’s security is unshakeable. Our friend- AGRICULTURE REFORM, FOOD Republic of Iran to be in non-compliance ship with Israel is deep and enduring.’’; with its safeguards agreement with the Whereas, on March 4, 2012, President AND JOBS ACT OF 2013—Continued IAEA, which Iran is obligated to undertake Obama stated, ‘‘And whenever an effort is The PRESIDING OFFICER. Under as a non-nuclear-weapon State Party to the made to delegitimize the state of Israel, my the previous order, the Senate will re- Treaty on the Non-Proliferation of Nuclear administration has opposed them. So there sume consideration of S. 954. Weapons, done at Washington, London, and should not be a shred of doubt by now: when AMENDMENT NO. 925 Moscow July 1, 1968, and entered into force the chips are down, I have Israel’s back.’’; Under the previous order, there will March 5, 1970 (NPT); Whereas, on October 22, 2012, President Whereas the United Nations Security Obama stated, ‘‘Israel is a true friend. And if be 2 minutes of debate equally divided Council has adopted multiple resolutions Israel is attacked, America will stand with in the usual form prior to a vote in re- since 2006 demanding of the Government of Israel. I’ve made that clear throughout my lation to the Shaheen amendment No. the Islamic Republic of Iran its full and sus- presidency . . . I will stand with Israel if 925. Debate will commence on the Sha- tained suspension of all uranium enrich- they are attacked.’’; heen amendment No. 925.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.072 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3746 CONGRESSIONAL RECORD — SENATE May 22, 2013 The Senator from Pennsylvania. sumers dependable supplies of safe thank my colleagues for their vote to Mr. TOOMEY. Mr. President, my un- high-quality sugar at low prices. keep a program in place that has derstanding is Senator SHAHEEN is I urge Senators to oppose the amend- worked at no cost to the taxpayer—no going to take the first 30 seconds of 1 ment. direct cash. It is monitored or orga- minute on behalf of speaking in favor. The PRESIDING OFFICER. The Sen- nized or designed through an import re- I don’t see her on the floor. I will take ator’s time has expired. striction program that allows for the the second half. Mrs. BOXER. Mr. President, I ask for robust production of sugarcane and I believe I see her now, so at this the yeas and nays. sugar beets in our Nation. time, if she is ready, I yield to the Sen- The PRESIDING OFFICER. Is there a I thank Senator SHAHEEN for the ator from New Hampshire. sufficient second? wonderful way she handled the debate. The PRESIDING OFFICER. The Sen- There appears to be a sufficient sec- We have different views about this, but ator from New Hampshire. ond. we are colleagues and we work to- Mrs. SHAHEEN. Mr. President, I There is a sufficient second. gether very well. There are two sides to thank the Senator from Pennsylvania. The question is on agreeing to the this issue. I think the evidence on our This amendment would address the amendment. side is stronger. She would probably only program within the farm bill that The clerk will call the roll. disagree. But I thank our colleagues hasn’t been reformed: the Sugar Pro- The bill clerk called the roll. for supporting the sugar caucus. gram. What we have now is a sweet Mr. DURBIN. I announce that the In Louisiana, sugarcane is being pro- deal for sugar growers and a bad deal Senator from New Jersey (Mr. LAUTEN- duced on over 427,000 acres in 22 par- for consumers. BERG) is necessarily absent. ishes. Production is about 14 million Right now, according to the Depart- The PRESIDING OFFICER (Mr. tons, which is about 20 percent of the ment of Commerce, we are losing three BLUMENTHAL). Are there any other Sen- total sugar grown in the United States. jobs in manufacturing for every one job ators in the Chamber desiring to vote? Last year, in 2012, Louisiana sugar we save in the sugar grower industry. The result was announced—yeas 45, mills produced 1.6 million tons of raw That is not a good deal for job creation nays 54, as follows: sugar, the largest amount we have ever in this country. We need to change it. [Rollcall Vote No. 134 Leg.] produced in our State. This production I yield to my colleague from Pennsyl- YEAS—45 represents a huge part of our State’s vania. economy. The loss of market for this Alexander Cowan McConnell The PRESIDING OFFICER. The Sen- Ayotte Cruz Menendez product would be devastating. Let me ator from Pennsylvania. Baldwin Durbin Murphy say that the State of Hawaii, the State Mr. TOOMEY. Mr. President, I thank Blumenthal Feinstein Paul of Florida, states such as Minnesota the Senator from New Hampshire. She Blunt Flake Portman Boozman Grassley Reed and North Dakota and South Dakota is absolutely right. It makes no sense Brown Heller Roberts that have strong sugar beet crops, it is to have a program that forces Amer- Carper Inhofe Rockefeller very important for them as well. ican consumers to pay at least 30 per- Casey Johnson (WI) Scott Are the consumers hurt by this? Ab- Coats Kaine Sessions cent more than the going rate for sugar Coburn Kirk Shaheen solutely not. The U.S. sugar price is 14 to force taxpayers to subsidize these Collins Lee Toomey percent below the world average, and 24 producers. Also, we can lose jobs be- Coons Manchin Warner percent below the average for devel- cause, as the Senator pointed out, our Corker McCain Warren oped nations. So our policy is a good Cornyn McCaskill Whitehouse own Commerce Department has found balance of encouraging domestic pro- that for every job it saves, three manu- NAYS—54 duction and keeping prices stable and facturing jobs are lost. This is a mod- Barrasso Harkin Murray affordable for the consumer. est amendment that takes us back to Baucus Hatch Nelson Let me say for candy production— Begich Heinrich Pryor the 2008 levels. Bennet Heitkamp Reid and I have a small amount of candy The PRESIDING OFFICER. The time Boxer Hirono Risch produced in Louisiana. I am very proud of the Senator has expired. Burr Hoeven Rubio of these companies. American food Cantwell Isakson Sanders The Senator from Louisiana. Cardin Johanns Schatz manufacturers say they are shedding Ms. LANDRIEU. Mr. President, on Chambliss Johnson (SD) Schumer jobs, but in my view this has nothing our side, let me tell my colleagues if Cochran King Shelby to do with U.S. sugar policy. In fact, they want to preserve jobs, vote Crapo Klobuchar Stabenow U.S. sweetened product manufacturers Donnelly Landrieu Tester against the Shaheen-Toomey amend- Enzi Leahy Thune are prospering and expanding. Candy ment. The U.S. policy on sugar defends Fischer Levin Udall (CO) production is rising, not falling, up by more than 142,000 jobs in 22 States and Franken Merkley Udall (NM) 9 percent since 2004. In addition, sugar Gillibrand Mikulski Vitter nearly $20 billion in annual economic Graham Moran Wicker represents just a tiny portion of the activity. Their amendment is bad pol- Hagan Murkowski Wyden price these food retailers charge for icy. The taxpayers do not pay a penny their products—1 percent of the cost of NOT VOTING—1 on the Sugar Program. Domestic pro- a cupcake, 2 percent of the cost of a duction is supported by import restric- Lautenberg candy bar, 3 percent of the cost of a tions which have been used wisely over The amendment (No. 925) was re- carton of ice cream, and 5 percent of a time, so this amendment would effec- jected. bag of hard candy. So I think our argu- tively kill America’s no-cost Sugar The PRESIDING OFFICER. The Sen- ments won the day. I appreciate our Program. ator from Louisiana. colleagues supporting the sugar cau- Senator COCHRAN will take the last 30 Ms. LANDRIEU. Mr. President, if it cus. We thank you for keeping this bill seconds. pleases the Chair, I would like to say a intact with the balance it needs to The PRESIDING OFFICER. The Sen- few remarks about sugar, but I am not move forward so we can have a robust ator from Mississippi. sure about the chairwoman’s plans. farm agriculture reauthorization bill Mr. COCHRAN. Mr. President, this I thank the chairwoman of the com- for this United States. amendment is being portrayed as a re- mittee and the ranking member. I I yield the floor. form of sugar policy, but it is far more know they are deciding what other Mr. RUBIO. Mr. President, as we harmful than that. These proposed amendments we are going to take up heard last summer and again through- changes would undermine the policy of later this evening and how the votes out this week’s debate, government our domestic industry by transferring will proceed. But let me again just subsidies are at the heart of both our American sugar-producing jobs to thank my colleague from Michigan for agricultural and nutritional policies other countries. Those producers are her great lead and leadership on the here in the United States. Subsidizing less efficient and heavily subsidized. farm bill. food costs in the form of payments for U.S. sugar policy has operated at This sugar amendment was very im- groceries is the core of our supple- zero cost to taxpayers for the past dec- portant to the people of Louisiana mental nutrition assistance program. ade and has provided American con- whom I represent, and I want to just Insurance premiums paid by our corn

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.073 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3747 and soybean growers are directly sub- I would argue it does not and would The PRESIDING OFFICER. The Sen- sidized in the farm bill on the floor offer my colleagues, in the context of ator from Indiana. today. And adverse market payments, trade, the following facts: The Brazil Mr. DONNELLY. Mr. President, I am what we once called direct payments, Government, through the form of di- here to talk about the importance of a are available to crops such as peanuts rect payments, forgiven loans and pen- bipartisan, commonsense, 5-year farm and rice if the price for those commod- sion payments, and fuel mandates, sub- bill to Indiana’s agriculture and rural ities fall below a certain threshold. sidized the sugar industry in their communities as well as our entire These government subsidies are used country to a tune of $2.5 billion last country. all across our country—from Iowa to year alone. Brazil controls 50 percent This bill, passed with bipartisan sup- North and South Carolina; and from of all the world’s sugar exports. To put port in the Agriculture Committee, Missouri down through Kansas, Arkan- that into context, Saudi Arabia con- protects the estimated 16 million agri- sas, and Texas. trols only about 19 percent of the culture-related jobs across the country. Now we have heard from several world’s oil exports. Countries such as Last year, Indiana and many other members from these and other States China, Thailand, and India, countries States were plagued by severe drought, the many opinions about the validity that the United States does not have leading to a loss of crops and livestock, or usefulness of these subsidies. And I free-trade agreements with, all sub- hurting our food supply and the liveli- certainly have my own opinion about sidize their sugar industries in some hoods of farmers and their commu- how the agricultural policy in the form. And even in Mexico, the govern- nities. Farmers in Indiana and around United States should be reformed and ment owns and operates 20 percent of the Nation need the certainty of a 5- shaped. However, today, I stand to dis- the country’s sugar industry. year farm bill that reflects and ad- cuss a unique program—our country’s These countries, regardless of wheth- dresses the inherent risk of feeding and Sugar Program. For those of you who er we repeal our sugar program here in fueling our world. The Agriculture Re- are not familiar with the program, it the United States, will continue to form, Food, and Jobs Act of 2013 consists of three components—a domes- generously subsidize sugar production strikes the right balance, ending direct tic allocation component, a tariff for their own countries. In this con- payments and improving risk manage- quota component, and a loan compo- text, I would ask my colleagues to seri- ment tools to give farmers what they nent. Now, aside from the loan compo- ously question the appropriateness, the need to manage natural disasters or se- nent, uniquely, the Sugar Program in benefits, and more importantly the vere market downturns that are com- the United States does not require a di- risks to American jobs, if reforms to pletely outside of their control. rect government subsidy. In fact, from our Sugar Program were to pass with- In this budget environment, where 2002 to 2011, the Sugar Program in the out any link to the overall inter- we are looking for ways to cut spend- United States cost the government national dialogue. The 142,000 jobs and ing and make government more effi- zero dollars, a glaringly low amount the $20 billion annually that our do- cient, it is important to note this bill compared to the various other com- mestic industry provides to our econ- would reduce the deficit by $23 billion. modity programs that I previously list- omy would be at risk while at no point We made the tough decisions necessary ed. in our discussion have we accounted for to cut spending, increase account- There is a reason for this difference. the protectionist policies that exist for ability, and eliminate duplicative or Our Sugar Program is not an agricul- the sugar industry in other countries unnecessary programs to continue our tural program—it is a trade program. all around the world. efforts to get our fiscal house in order. We do not set the price of sugar in the To be clear, I am not arguing that, as In my home State of Indiana, this United States artificially high by send- a country, we need to be trade protec- bill is critical. Nearly 190,000 Hoosiers ing taxpayer money directly to that in- tionists. To the contrary, I think our work in agriculture. Eighty-three per- dustry as we do with corn, soybeans, country will excel in the 21st century cent of the State’s land is devoted to peanuts, or all the other various agri- only if we eliminate barriers to trade farms or forests. Agriculture contrib- cultural commodities here in the and increase the flow of goods all uted nearly $38 billion to Indiana’s United States. We set the price of around the world. But what I am say- economy in 2011. Clearly, the certainty sugar in the United States by limiting ing is that if we are going to eliminate of a 5-year farm bill is important not the amount of sugar that we import a trade program, let us do it in the con- only for the producers in our State but from foreign countries. text of a trade debate. Otherwise, we to the entire State’s economy and This distinction cannot be ignored. will lose jobs, industries, and overall overall well-being. This distinction creates a fundamen- leverage to other countries without While no bill is perfect, there are a tally different set of policy decisions even bringing them to the table to ne- few areas of this bill I worked to im- for my colleagues here in the Senate as gotiate. I would argue it would be more prove based on feedback from Hoosiers. we continue this important debate on appropriate to address reform of our During the Agriculture Committee de- our Sugar Program. Sugar Program in the context of inter- bate, I introduced an amendment with Furthermore, this distinction re- national trade. Senator ROBERTS that would give the quires acknowledgement in the sense Very simply, we should repeal our en- next generation of bio-energy crops ac- that it changes our discussion about tire Sugar Program if the largest cess to base levels of risk management the Sugar Program here in the United sugar-producing countries in the world so a reasonable safety net will be in States from how it impacts our domes- eliminated their own trade protec- place for energy crops. This bipartisan tic industries to how it interacts with tionist policies as well. We must ensure amendment, passed as part of the over- same industries and policies in the that we do not negotiate against our- all bill, would amend the Noninsured international community. We cannot selves in this international context by Crop Disaster Assistance Program to support any policy that ignores inter- eliminating a program important to an offer coverage for crops producing feed- national realities at the detriment of industry in our country that is unfor- stock for energy purposes. our own domestic industries. tunately forced to deal with these Further, the amendment would di- In implementation, and by necessity, international realities. And I encour- rect USDA to research and develop risk this reality means two things: One, in age my colleagues to consider the management tools for promising new debating the sugar policy here in the precedent they would set for their own sorghum crops. I support the many In- United States, because it is inherently industries in their own States when diana farmers who have and continue a trade policy, we must do so with they consider the various amendments to contribute to our domestic energy international realities in mind, and No. offered in this debate introduced to re- security. Also, during the committee 2—when viewed through this lens, does form our Sugar Program. We must put discussion, I helped introduce an any amendment that would reform this this debate in the proper context while amendment that would put the USDA, program without consideration of these at the same time acknowledging the not the OMB, in charge of conservation international realities make the best benefits of free trade to the United program technical assistance funding sense and, more importantly, set a States and to citizens in countries all levels. This gives USDA the authority positive precedent? across the world. to make sure that technical assistance

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.015 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3748 CONGRESSIONAL RECORD — SENATE May 22, 2013 reflects the needs of producers in the colleagues to put Americans back to awards points for the merit-based visa field and the stakeholder community, work. for successful entrepreneurship. Yet while allowing conservation practices With a foundation of compelling data this bill could be improved signifi- to be adopted on a broader scale. We showing that nearly all of the new net cantly to reflect more accurately how need robust technical assistance to jobs created since 1980 had been created new businesses grow and hire workers. give producers the assurances they by companies less than 5 years old, Done right, an entrepreneur’s visa need to know they are implementing Senator WARNER and I introduced the has the potential to create hundreds of practices correctly. These decisions Startup Act in December of 2011. The thousands of needed jobs for Ameri- should be made more reflective of Startup Act was a jobs bill written to cans. Now in its third version, Startup needs on the ground. help entrepreneurs who have been re- 3.0 creates an entrepreneur’s visa for Further, I have continued my efforts sponsible for most of the job creation foreign-born entrepreneurs currently in from the 2008 farm bill to ensure that in our country over the last 30 years. the United States. Those individuals there are not restrictions on Hoosier The legislation made changes to the with a good idea, with capital and a farmers who want to grow fruits and Federal regulatory process so that the willingness to hire Americans, would vegetables. After a successful Farm cost of new regulations did not out- be able to stay in the United States Flex pilot program, I worked to expand weigh the benefits and encouraged Fed- and grow their businesses. Each immi- full planting flexibility for farmers in eral agencies to consider the impact of grant entrepreneur would be required Indiana and across the country want- proposed regulations on startups, par- to create jobs for Americans. ing to grow what they want to grow on ticularly. In many instances our country al- their own farms. Our bill made commonsense changes ready has made a commitment to these Finally, I am proud to cosponsor an to the Tax Code to encourage invest- entrepreneurs, allowing them to study amendment with Senator GRASSLEY. ment in startups and reward patient in our universities and work tempo- We should pass this amendment. It pro- capital. The Startup Act also sought to rarily at American companies. Pro- tects livestock and poultry farmers improve the process of commer- viding a way for immigrant entre- from having their personal information cializing federally funded research so preneurs to stay in the United States released by the EPA. It is outrageous that more good ideas out of the labora- and create American jobs makes eco- that earlier this year the EPA released tories were put into market where nomic sense. the personal contact information of these innovations could be turned into Earlier this year the Kauffman Foun- over 80,000 livestock and poultry own- jobs by companies and spur economic dation studied the economic impact of ers from across the Nation, including growth. immigrant visas in the entrepreneur’s many from Indiana. This blatant viola- Finally, the Startup Act provided visa in Startup 3.0. Using conservative tion of privacy must not happen again. new opportunities for highly educated estimates, the Kauffman Foundation I hope my colleagues will support the and entrepreneurial immigrants to predicts that the entrepreneur’s visa Grassley-Donnelly amendment when it stay in the United States where their could generate 500,000 to 1.6 million comes up for a vote. talent and new job ideas could fuel eco- jobs over the next 10 years. These are Put simply, this farm bill makes nomic growth and create American real jobs with real economic impact sense. It is an example of Republicans jobs. that could affect real American fami- and Democrats working together to do When I began work on the Startup lies and boost our GDP by 1.5 percent good things for the American economy Act, I did not intend to write an immi- or more, a 1.5-percent increase in our and America’s people. I look forward to gration bill. My goal was simple: Find gross domestic product by this provi- working with our colleagues in the the most cost-effective way to sion of the legislation alone. House on a farm bill that we can get jumpstart the economy and create Anticipating floor consideration of signed into law. No one is going to get American jobs. After reviewing the the immigration bill, I have been 100 percent of what they want, but it is academic and economic data, it became speaking with entrepreneurs, investors, 100 percent necessary to get this farm clear that these strategies to create and startup policy experts to develop bill done. I urge prompt passage of this American jobs must include highly an amendment that would improve the bill by the Senate and for our col- skilled and entrepreneurial immi- legislation. In my view, we have an op- leagues in the House to do the same. grants. Immigrants to the United portunity to create jobs for Americans Farmers in Indiana and across our States have a long history of creating by making certain highly skilled and great Nation deserve more than par- business in our country. We can all entrepreneurial immigrants are able to tisan political gridlock that prevented think of examples of individuals who start a new business and contribute to a 5-year bill last year. This year we have done so: Sergey Brin cofounded the growth of American companies. If need to get it done. Google; Elon Must cofounded PayPal, we miss this opportunity, we risk los- I yield the floor and I suggest the ab- SolarCity, SpaceX, and Tesla; Min Kao ing the next generation of great entre- sence of a quorum. founded Garmin in my home State of preneurs and the jobs they will create. The PRESIDING OFFICER. The Kansas. There is a long list of people I will offer an amendment to the immi- clerk will call the roll. from other countries who created busi- gration bill to accomplish these goals The bill clerk proceeded to call the nesses here in the United States that and hope my colleagues will join me in roll. now employ thousands and thousands supporting the changes to the legisla- Mr. MORAN. Mr. President, I ask and thousands of Kansans and Ameri- tion that would result in the creation unanimous consent that the order for cans. Of the current Fortune 500 com- of jobs for Americans. the quorum call be rescinded. panies, more than 40 percent were While it is important to provide a The PRESIDING OFFICER. Without founded by first-or second-generation straightforward and workable way for objection, it is so ordered. Americans. Immigrants are now more entrepreneurial immigrants to stay in Mr. MORAN. Mr. President, I ask than twice as likely as native-born the United States so they can employ unanimous consent to address the Sen- Americans to start a business. In 2011, Americans, we also need to make sure ate as in morning business. immigrants were responsible for more the immigration bill addresses the The PRESIDING OFFICER. Without than one in every four U.S. businesses needs of growing American businesses. objection, it is so ordered. founded. The current problem is twofold. STARTUP ACT Today, one in every 10 Americans American schools are not producing Mr. MORAN. Thank you very much. employed at privately owned U.S. com- enough students with the skills our I want to tell a story. It goes back to panies works at an immigrant-owned economy demands. While American the summer of 2011. Back at that point firm. The immigration bill drafted by universities do a great job of attracting in time, we had 30 straight months of eight of our colleagues and reported by foreign students to study advanced unemployment above 8 percent. I de- the Judiciary Committee recognizes subjects, few pathways exist for these cided it was important to work on leg- the importance of entrepreneurial im- talented graduates to remain in the islation to jumpstart the economy and migrants. The legislation creates new United States and contribute to Amer- to work in every way possible with my visas for immigrant entrepreneurs and ican prosperity.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.076 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3749 One reason for this problem is our businesses with the skilled employees their laws and policies to encourage Nation’s high schools have fallen be- they need now and in the future. If these individuals to find jobs and cre- hind in STEM education—science, growing American companies are un- ate businesses in their countries. We technology, engineering, and mathe- able to hire qualified workers they have done nothing. For the sake of our matics. Forty percent of high school need, these businesses will open loca- country and the millions of Americans seniors test at or below basic levels in tions overseas. looking for work, we cannot afford to math. Fifty percent of our high school I was in Silicon Valley last year, and lose talented entrepreneurs. seniors test at or below basic levels in executives at Facebook told me they As the Senate begins debate of the science. By 12th grade only 16 percent were ready to hire close to 80 foreign- immigration bill in the near future, I of students are both math proficient born but United States-educated indi- encourage my colleagues to keep in and interested in a STEM career, and viduals, when their visas were denied. mind the other 11 million, those 11.7 fewer than 15 percent of high school Rather than forgo hiring these skilled million American workers who are graduates have enough math and workers, the company hired them any- looking for work and the many others science to pursue scientific or tech- way, but they placed them in a loca- who have become so discouraged they nical degrees in college. It is no wonder tion in Dublin, Ireland, instead of the have given up. that by the time American students go United States. Facebook was ulti- The United States is the birthplace to college few are choosing to major in mately able to get the visas for these and home of the American dream. For a STEM area subject. According to the workers after training them in Ireland. years our country has been seen as the National Science Foundation, college All too often companies end up hous- land of opportunity for innovators and students majoring in non-STEM fields ing these jobs permanently overseas. entrepreneurs. We must do everything outnumber their math and science- When this happens, it is not only those possible to make certain that remains minded counterparts 5 to 1. specific jobs we lose but also the many true in the face of growing competi- Moreover, the growth rate of new supporting jobs and economic activity tion. When the immigration bill comes STEM majors remains among the slow- associated with them. Even more dam- to the Senate floor, I will offer amend- est in any category. Unfortunately, re- aging, more damning to me than the ments to improve the bill and encour- search shows that this gap continues to loss of those highly skilled workers age my colleagues to join me in sup- widen at a time when the number of who are now working in some other porting commonsense changes that will job openings requiring STEM degrees is country, the end result is that someone allow the United States to win the increasing at three times the rate of among that group will start another global battle for talent. Doing so will the rest of the job market. The number company such as Google, be an entre- make certain that immigrant entre- of students pursuing math, science, and preneur, and start another company preneurs have a home in the United engineering is declining. The demand that creates jobs, but not in the United States. In their pursuit of the Amer- for the jobs is increasing. Should this States—in Canada or in Dublin, Ire- ican dream, they will create jobs for trend continue, American businesses land. The United States loses both em- Americans and strengthen the Amer- are projected to need an estimated ployment today and an opportunity for ican economy. 800,000 workers with advanced STEM American jobs to be created in the fu- I yield the floor. degrees by 2018, about 4 years away, ture because our immigration policies The PRESIDING OFFICER. The Sen- but will only find 550,000 American failed to help our country retain highly ator from Vermont. graduates with those degrees they educated and skilled individuals. AMENDMENT NO. 965 need. To me, this story and many others Mr. SANDERS. Mr. President I call How do we solve this problem and like it illustrate the importance of get- up amendment No. 965 and ask for its prepare America for the future? First ting the policy right. Creating work- immediate consideration. and foremost, we need to do more to able ways to retain highly skilled, The PRESIDING OFFICER. The prepare Americans for careers in STEM American-educated workers and entre- clerk will report the amendment. fields. This will take time, but our ef- preneurs is about creating jobs for The assistant legislative clerk read forts to improve STEM will yield posi- Americans and growing our Nation’s as follows: tive results across the economy, even economy. The Senator from Vermont [Mr. SANDERS], for those without STEM skills. The United States is in a global bat- for himself and Mr. BEGICH, proposes an Second, as we work to equip Ameri- tle for talent. If we fail to improve our amendment numbered 965. cans with the skills for the 21st cen- immigration system, one that cur- The PRESIDING OFFICER. Is there tury economy, we also need to create a rently tells these entrepreneurs and objection to setting aside the pending pathway for highly educated foreign highly skilled individuals we don’t amendment? students to stay in America where want you, they will take their intellect Without objection, it is so ordered. their ideas and talents can fuel eco- and skills to another country and cre- Mr. SANDERS. I ask unanimous con- nomic growth. ate jobs and opportunities there. sent that the reading of the amend- Startup 3.0, the legislation Senator Some of my colleagues may think I ment be dispensed with. WARNER and I have introduced, ad- am exaggerating what is at stake, but The PRESIDING OFFICER. Without dresses this immediate need by cre- this week Canada’s Immigration Min- objection, it is so ordered. ating STEM visas. Foreign students ister was in Silicon Valley recruiting The amendment is as follows: who graduate from an American uni- entrepreneurs and promoting Canada’s (Purpose: To permit States to require that versity with a master’s or a Ph.D. in new startup visas. They have billboards any food, beverage, or other edible product science, technology, engineering, or in California encouraging those STEM- offered for sale have a label on indicating mathematics would be granted condi- educated individuals to move to Can- that the food, beverage, or other edible tional status contingent upon them ada where they have an immigration product contains a genetically engineered filling a needed gap in the U.S. work- policy beneficial to them and their ingredient) force. By working for 5 consecutive jobs. This Minister’s message was sim- On page 1150, after line 15, add the fol- lowing: years in a STEM field, the immigrant ple: The United States immigration SEC. 12213. CONSUMERS RIGHT TO KNOW ABOUT would be granted a green card with the system is broken, so bring your GENETICALLY ENGINEERED FOOD option of becoming an American cit- startups to Canada, where we will get ACT. izen. you permanent residency and the op- (a) SHORT TITLE.—This section may be The immigration bill we will soon portunity to build your business. Can- cited as the ‘‘Consumers Right to Know consider attempts to address the imme- ada put up billboards along Highway About Genetically Engineered Food Act’’. diate needs for more qualified STEM 101 between Silicon Valley and San (b) FINDINGS.—Congress finds that— workers and the longer term need for (1) surveys of the American public consist- Francisco enticing entrepreneurs to ently show that 90 percent or more of the Americans to develop the skills needed ‘‘pivot to Canada.’’ people of the United States want genetically to fill those jobs. I am hopeful these as- In fact, six other countries besides engineered to be labeled as such; pects of this bill will be strengthened Canada in the short time I have been a (2) a landmark public health study in Can- in order to provide growing American Member of the Senate have changed ada found that—

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.078 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3750 CONGRESSIONAL RECORD — SENATE May 22, 2013 (A) 93 percent of pregnant women had de- netically engineered food. In California around the world, this exists. It is not tectable toxins from genetically engineered this issue was on the ballot. Monsanto a very radical concept. It exists foods in their blood; and and the other biotech companies spent throughout the European Union and I (B) 80 percent of the babies of those women something like $47 million against the believe, very simply, that States in had detectable toxins in their umbilical cords; right of people of California to have la- this country should be able to go for- (3) the tenth Amendment to the Constitu- beling on GMO products, and they won. ward in labeling genetically modified tion of the United States clearly reserves The people who support labeling got 47 foods if they want, and this amend- powers in the system of Federalism to the percent of the vote despite a huge ment simply makes it clear they have States or to the people; and amount of money being spent against the right to do that. (4) States have the authority to require the them. I look forward to the support of my labeling of foods produced through genetic In the State of Washington, over colleagues with that amendment. engineering or derived from organisms that 300,000 people have signed petitions in Mr. President, I yield the floor. have been genetically engineered. The PRESIDING OFFICER. The Sen- (c) DEFINITIONS.—In this section: support of an initiative there to label genetically engineered food in that ator from Michigan. (1) GENETIC ENGINEERING.— Ms. STABENOW. Let me say, for pur- (A) IN GENERAL.—The term ‘‘genetic engi- State. neering’’ means a process that alters an or- A poll done earlier this year indi- poses of the Members, now that we ganism at the molecular or cellular level by cated that some 82 percent of the have completed our official voting for means that are not possible under natural American people believe labeling today, I want to thank everyone for all conditions or processes. should take place with regard to ge- of their hard work and the staff for all (B) INCLUSIONS.—The term ‘‘genetic engi- netically engineered ingredients. of their hard work. It is a continuing neering’’ includes— This is a pretty simple issue, and the pleasure to work with my ranking (i) recombinant DNA and RNA techniques; member Senator COCHRAN. We are in (ii) cell fusion; issue is do the American people have a right to know what they are eating, the process of securing a time for a (iii) microencapsulation; vote, hopefully in the morning, and (iv) macroencapsulation; what is in the food they are ingesting (v) gene deletion and doubling; and what their kids are eating. then we have a number of votes tomor- (vi) introduction of a foreign gene; and The problem is that a number of row. (vii) changing the position of genes. States, including Vermont, have gone We are on a path to getting this (C) EXCLUSIONS.—The term ‘‘genetic engi- forward on this issue. They have been done. With the cooperation of the neering’’ does not include any modification met with large biotech companies like Members, we are hopeful we will have a to an organism that consists exclusively of— number of votes tomorrow and be able (i) breeding; Monsanto who say if you go forward, we are going to sue you. And it will be to complete this very important bill. (ii) conjugation; I would just remind colleagues that a very costly lawsuit, because we do (iii) fermentation; 16 million people work in this country not believe you have the right as a (iv) hybridization; because of agriculture. It is probably (v) in vitro fertilization; or State to go forward in this direction the biggest jobs bill that will come be- (vi) tissue culture. because you are preempting a Federal fore this body, and we are very grateful (2) GENETICALLY ENGINEERED INGREDIENT.— prerogative. for everyone’s patience and willingness The term ‘‘genetically engineered ingre- I happen not to believe that is cor- dient’’ means any ingredient in any food, to work with us to bring this bill to rect. What this amendment does is beverage, or other edible product that— completion. (A) is, or is derived from, an organism that very simple. It basically says States I suggest the absence of a quorum. is produced through the intentional use of that choose to go forward on this issue The PRESIDING OFFICER. The genetic engineering; or do have the right. It is not condemning clerk will call the roll. (B) is, or is derived from, the progeny of in- GMOs or anything else. It is simply The assistant legislative clerk pro- tended sexual reproduction, asexual repro- saying that States have the right to go ceeded to call the roll. duction, or both of 1 or more organisms de- forward. Mr. MURPHY. Mr. President, I ask scribed in subparagraph (A). There have been some arguments (d) RIGHT TO KNOW.—Notwithstanding any unanimous consent that the order for other Federal law (including regulations), a against this amendment, and let me the quorum call be rescinded. State may require that any food, beverage, briefly touch on them. Genetically en- The PRESIDING OFFICER. Without or other edible product offered for sale in gineered food labels will not increase objection, it is so ordered. that State have a label on the container or costs to shoppers, as we all know. Com- Mr. MURPHY. Mr. President, I would package of the food, beverage, or other edi- panies change their labels every day. like to thank the chairwoman of the ble product, indicating that the food, bev- They market their products dif- Committee on Agriculture, Nutrition, erage, or other edible product contains a ge- ferently. Adding a label does not and Forestry for her great work in netically engineered ingredient. change this. Everybody looks at labels. (e) REGULATIONS.—Not later than 1 year bringing a bill to the floor today that after the date of enactment of this Act, the They change all the time. This would does a lot of justice for families in Con- Commissioner of Food and Drugs and the simply be an addition, new information necticut and across the country who Secretary of Agriculture shall promulgate on that label. In fact, many products are fighting every single day to put such regulations as are necessary to carry already voluntarily label their food as food on the table for their loved ones. out this section. GMO-free. The fact is, although people have an (f) REPORT.—Not later than 2 years after Further, genetically engineered crops impression that our State is a wealthy the date of enactment of this Act, the Com- are not better for the environment. one, we have a handful of the poorest missioner of Food and Drugs, in consultation with the Secretary of Agriculture, shall sub- Some will say, well, this is good for the cities in the country, and we have tens mit a report to Congress detailing the per- environment. The use of Monsanto of thousands of people who have been centage of food and beverages sold in the Roundup-ready soybeans engineered to ravaged by this economy. These nutri- United States that contain genetically engi- withstand exposure to the herbicide tion programs funded in the underlying neered ingredients. Roundup has caused the spread of bill are an absolute lifeline for families Mr. SANDERS. Mr. President, I will Roundup-resistant weeds which now in- who have been, largely temporarily, hit be very brief, as I spoke on this issue fest 22 States, 10 million acres in 22 straight across the brow by this dev- before. Here is the story, using my own States, with predictions for 40 million astating recession. State of Vermont as an example, but it acres or more by mid-decade. Resistant In Connecticut, though, for some peo- exists all over the country. This year weeds increase the use of herbicides ple who don’t know our State, it is the Vermont House of Representatives and the use of older and more toxic hard to imagine that 11 percent of the passed a bill by a vote of 99 to 42 re- herbicides. population is today receiving SNAP quiring that genetically engineered Further, there are no international benefits. One out of every ten people— food be labeled. agreements that permit the mandatory one out of every ten families in Con- Yesterday, as I understand it, the identification of foods produced necticut—right now relies on food Connecticut State Senate, by an over- through genetic engineering. stamps to either pay for their food in whelming vote of 35 to 1, also passed As I mentioned earlier, throughout whole or in part. That is over 400,000 legislation to require labeling of ge- Europe and in dozens of other countries people in Connecticut.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.038 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3751 These are people such as the 87-year- to eat enough to just not be hungry, Ms. STABENOW. Mr. President, I ask old retiree from Southbury, CT, who never mind eating healthy foods. I unanimous consent that on Thursday, lives in a small, very reasonable condo. went to the grocery store to buy some May 23, following the cloture vote on She lives on about $1,100 a month. She fruit and vegetables for the week and the Srinivasan nomination, and not- has gone through a $100,000 home eq- could barely find anything that fit withstanding cloture having been in- uity line of credit, but her condo fees within that budget. I was able to buy voked, if invoked, the Senate resume and her electric bill—because she lives some bananas for 69 cents a pound. I legislative session and consideration of in a little condo that is heated by elec- wanted to get some peanut butter, but S. 954; further, that the Senate then tricity alone—basically eat up the en- the only kind of peanut butter I could proceed to vote in relation to the pend- tirety of her budget. She couldn’t eat get was the kind loaded with preserva- ing Sanders amendment No. 965; that without foods stamps. She couldn’t eat tives because the stuff that is better there be no second-degree amendments without these benefits. They keep her for you costs a lot more. to the Sanders amendment prior to the alive, as they do for millions of seniors Over and over again, people who are vote; that the amendment be subject to all across this country. right now on food stamps are going a 60-affirmative vote threshold; finally, On the other end of the age spectrum hungry, never mind the kind of hunger that the time consumed during consid- is another Southbury resident. they would be confronted with if we eration of S. 954 count postcloture. Southbury, frankly—Connecticut, in further cut this program. They have to The PRESIDING OFFICER. Without general—doesn’t have a reputation as make choices every day when feeding objection, it is so ordered. being a town in need, but they have their kids: Do I give them enough cal- Mr. GRASSLEY. Mr. President, I hundreds of SNAP recipients, just as in ories so they will go without hunger want to discuss my amendment regard- every town across Connecticut. Mrs. pains for the day or do I try to get ing the Environmental Protection Smith is an unemployed mother. She them a smaller amount of food that is Agency’s release of farmers’ informa- made a six-figure salary for decades. maybe a bit better for them? That is tion. By now, many of my colleagues When her husband became disabled, she what these families have to think have heard about the Environmental was the sole breadwinner for her fam- about every single day. Protection Agency’s release of indi- ily. The recession hit her, just as it has I am not suggesting doing this budg- vidual personal information to environ- hit hundreds of thousands of others et for a week allows me to walk more mental activists. across the country, and she lost her than a few steps in their shoes, but it This should not have happened. The job. It is now the $300 she gets per is an education on how little one gets EPA released information on over month in SNAP benefits that allows out of this benefit today, and it is a 80,000 farmers nationwide, and over her to feed her kids. caution for this body to stand up to the 9,000 Iowans. I can’t even characterize She is out there doing everything we House of Representatives, if the farm some of these Iowans as livestock pro- ask. She is looking for a job. She is bill gets to conference, to make sure ducers; many of them are simply hobby trying to get back to work, but she has these cuts don’t get any worse. farmers. There is a person on the list The stories of the senior citizen and lost her unemployment benefits. They who has 12 horses; another gentleman the unemployed mother in Southbury, have been exhausted, and now she on the list has one pig. CT, are two of millions of stories all needs this money in order to live. It is downright absurd that EPA across this country. These are people The fact is 61 percent of all SNAP would collect this kind of information who have paid their dues, who are play- participants are families with children, and then hand it over to environmental ing by the rules, but who just need a and 33 percent of all SNAP recipients activists. Given what we have seen re- little help from us in a bad economy. are families with elderly or disabled cently with the egregious actions by By no means is this program an overly members in their families. These are the Internal Revenue Service, we luxurious handout. the most vulnerable in our country, Let me tell you, from a very brief an- should all be outraged by the con- and they need a strong SNAP program ecdotal experience, it is pretty hard to tinuing pattern of overreach by this in this bill. go without hunger on $4.80 a day, never administration. This whole situation just doesn’t I am one of a handful of Senators mind trying to provide a healthy meal pass the commonsense test. We have who cast a vote yesterday to add some for your kids. money back, but the fact is the real I just wanted to come to the floor seen acts of eco-terrorism in the past comparison is not the difference be- this evening and applaud the efforts of against farmers. Farmers shouldn’t tween the underlying bill and that our colleagues who are trying to push have to fear their personal information amendment. The real comparison is be- through a bill that will get to con- being released to groups who may want tween the bill we are debating now and ference so we can be in a strong posi- to use the information to harass or ter- the budget pending before the House of tion to defend the nutrition titles of rorize family farmers. This amendment Representatives today. this bill which are keeping people— would restrict EPA’s ability to release The House Republican budget would kids, the disabled, and the elderly— such data. absolutely devastate, eviscerate, oblit- alive today. Since EPA can’t put an end to this erate the Food Stamp Program—basi- There are those of us who would have reckless behavior, then Congress needs cally rescinding this Nation’s long- liked to have seen even more support to step in and fix the problem for EPA. standing commitment to making sure in this bill for nutrition programs. We I urge my colleagues to support this kids have enough to eat when their failed in that attempt earlier this amendment. families are out of work or have hit week, but we are united in the fact Mr. SESSIONS. Mr. President, today hard times. that a farm bill that comes out of the I wish to discuss amendment No. 945, One of the reasons Republicans in the House and the Senate and goes to the which was accepted by the Senate yes- House in particular have come so hard, President’s desk has to keep the prom- terday via unanimous consent. This is so consistently against foods stamps is ise we have made to generations of kids an important amendment, and I would because they categorize it as an overly across this country—we are going to like to thank the chairman of the Sen- generous handout to people who don’t make sure you have enough to eat. ate Agriculture Committee, Senator need it. Well, this week I am testing I yield the floor, and I suggest the ab- STABENOW, and the ranking member, that theory. This week, because we are sence of a quorum. Senator COCHRAN, for their willingness debating this bill on the floor of the The PRESIDING OFFICER. The to work with me to see that this Senate, I decided to see what it would clerk will call the roll. amendment was accepted. be like to live on the average food The assistant legislative clerk pro- My amendment will help farmers in stamp benefit for people in my State of ceeded to call the roll. Alabama and many other States ben- Connecticut. Ms. STABENOW. Mr. President, I ask efit from Federal agricultural irriga- That average benefit in Connecticut unanimous consent the order for the tion programs. Expanding irrigation is about $4.80 a day. I am finding out— quorum call be rescinded. can help protect against drought and now 3 days into this—even on this The PRESIDING OFFICER. Without can dramatically increase agricultural budget for just a week, it is pretty hard objection, it is so ordered. production, which is why I supported

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.081 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3752 CONGRESSIONAL RECORD — SENATE May 22, 2013 the creation of the Agricultural Water The PRESIDING OFFICER. Without of that conflict evolved into our mod- Enhancement Program, AWEP, several objection, it is so ordered. ern observance of this sacred day. years ago. f Today, tens of thousands of Amer- AWEP, which receives approximately ican men and women continue to put TRIBUTE TO ADAM SCOTT $60 million annually, is a ‘‘voluntary their lives on the line to preserve and conservation initiative that provides Mr. REID. Mr. President, I rise to perpetuate the freedoms and liberties financial and technical assistance to honor Adam Scott, a former member of established with the birth of our Na- agricultural producers to implement the University of Nevada, Las Vegas tion. The freedoms we enjoy in this agricultural water enhancement activi- golf team, and the first Australian to country have often been paid for with ties on agricultural land to conserve win the Masters Tournament. the lives of these servicemembers. surface and ground water and improve Through his determination and will Their selfless example of service, water quality,’’ according to the to win, Adam was able to come back whether made at Bunker Hill, Vicks- USDA. AWEP assists farmers with the from a heartbreaking loss at the 2012 burg, Iwo Jima, Inchon or the remotest use of upland water storage ponds, irri- Open Championship to win the 2013 regions of Afghanistan, inspires us to gation system improvements, water Masters in truly stunning fashion. In a sacrifice and work for the good of our quality improvement, and other simi- tie for the lead heading into the 72nd Nation. lar efforts. It is a good program. Ac- hole, Adam birdied with a 20-foot putt. This Memorial Day, Mississippians cording to ALFA—the association rep- At that point, I thought Adam had will again honor all brave fallen war- resenting Alabama’s farmers: clinched the title, but another great riors, including the men and women Since 2009, the AWEP Initiative has golfer, Angel Cabrera, was able to force from our State who have recently died made available over $3.5 million to ben- a playoff with his own birdie. It was in the service of our nation in Afghani- efit the local economy. In Alabama, 102 not until the second hole of that play- stan and around the world. farmers have improved efficiency in off that Adam, through yet another For the RECORD, I offer the names of their irrigation operations which re- birdie, was able to call himself the three brave heroes with roots in Mis- sulted in savings of about 875 million Master’s champion. This was his ninth sissippi, who have fallen since the na- gallons of water per year. PGA Tour win, but first major cham- tion commemorated Memorial Day last However, USDA currently limits ac- pionship. cess to AWEP to farms that have been year. They are: Adam hails from Adelaide, Australia, SSG Ricardo Seija, 31, of Tampa, FL, who irrigated previously a requirement that later moving to Queensland at the age prevents most Alabama farmers from died July 9, 2012 of 9. In 1998, Adam came to my home SFC Coater B. DeBose, 55, of State Line, being eligible for this useful program. State of Nevada to study and play golf MS, died Aug. 19, 2012 Farmers are often required to show at UNLV. While at UNLV, Adam was Specialist Patricia L. Horne, 20, of Green- past irrigation records, irrigation an All-American, finishing 11th at the wood, MS, died Aug. 24, 2012 water management plan documenta- 1999 NCAA Golf Championships. His We mourn their loss and honor them tion, or a map showing farm acres with victory at the Masters was the first for their courage, dedication and sac- irrigation history. This prior history major championship to be won by a rifice, and resolve that their lives were requirement prevents some worthwhile former UNLV men’s golfer. not given in vain. agricultural water enhancement UNLV’s golf program has produced a This Memorial Day, the people of my projects from being eligible for AWEP lot of great players over the years, but State and throughout our great Nation assistance, particularly in States until now, none had ever won a major will rightly set aside their day-to-day where irrigation has not been signifi- championship. There have been several tasks to remember and say a prayer of cantly used. According to data in the second-place and third-place showings, thanksgiving for those who have laid 2007 USDA Agriculture Census, many down their lives for their country. We farm acres throughout the country do but never a champion. As a Nevadan, it will also think of their families who not have a history of agricultural irri- is amazing to see a former UNLV play- share most acutely in their loss. I join gation. This is especially true in my er wearing the famous Augusta Na- them in saying thank you to those who State. According to ALFA, ‘‘only about tional Gold Club’s green jacket. made these great sacrifices. 5% of Alabama’s farms have irrigated On behalf of the Senate, I congratu- cropland,’’ and this prior history re- late Adam Scott on his victory at the f Masters Tournament and look forward quirement ‘‘has prevented the program TRIBUTE TO RICHARD BENDER from being more widely utilized’’ in to continuing to follow a career that has already made Australia and the Mr. HARKIN. Mr. President, when Alabama. Richard Bender retires at the end of My amendment No. 945, which was University of Nevada, Las Vegas very this month, the Senate will say fare- accepted, as modified, by unanimous proud. well to one of its most respected, tal- agreement in the Senate yesterday, f ented, and accomplished staff mem- eliminates this unwarranted restric- MEMORIAL DAY tion and will help ensure that more bers. And I personally will be saying farmers are eligible for USDA irriga- Mr. COCHRAN. Mr. President, today farewell to my longest serving legisla- tion assistance programs. I thank the I pay tribute to the men and women of tive counselor. chairman and ranking member for our Armed Forces who have given their They say that there are no indispen- their work in modifying my amend- lives in defense of the United States. sable people here in Washington. Don’t ment to ensure that this clarification Memorial Day has, since its inception believe it. For the last three and a half of law only applies ‘‘in states where ir- in the years immediately after the end decades, Rich Bender has been my in- rigation has not been used signifi- of the Civil War, been a special time dispensable person—a staffer with an cantly for agricultural purposes, as de- for us to remember and honor all encyclopedic knowledge of parliamen- termined by the Secretary.’’ As a State Americans who have died in military tary procedure, the legislative process, with relatively little agricultural irri- service. Nearly 150 years after the first the Federal budget, as well as the rules gation in present use, Alabama and ‘‘Decoration Day’’ was observed, it re- and traditions of this body. other similarly-situated States are mains important that we as citizens of I am by no means the only Senator clearly covered by the relief provided this great Nation take time to reflect who has found Richard indispensable. by my amendment. on the brave servicemen and women In fact, he is a legend among Senators who made the ultimate sacrifice on our and staffers alike. Many times, the dis- f behalf. tinguished majority leader, Senator MORNING BUSINESS As I have noted, Memorial Day grew REID, has come to me with some Ms. STABENOW. Mr. President, I ask out of a practice started in April 1866 version of this request: Tom, I am hav- unanimous consent the Senate proceed in Columbus, MS, with the decoration ing trouble with this bill. Opponents to a period of morning business, with of the graves of Confederate and Union are raising all kinds of legislative and Senators permitted to speak therein soldiers alike. The tradition of hon- parliamentary hurdles. Have Bender for up to 10 minutes each. oring both those who fell on both sides give me a call. And, by the way, Leader

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.084 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3753 REID asking you for advice on par- once-in-a-century flood of 2008, Richard loyal service on my staff over the last liamentary procedure is about like dedicated himself to securing resources three and a half decades. In addition, Wynton Marsalis asking you for advice to help Cedar Rapids, Iowa City, and on behalf of my colleagues here in the on how he can play the trumpet better. many other communities to rebuild Senate as well as in the House, so In my Senate office, Richard has better than ever. many of whom have also benefited managed a broad portfolio, including Let me mention several other from his counsel, I want to thank him budget and taxes, infrastructure, eco- achievements: for his exceptional service to the Con- nomic development, and a good share Richard played a key role in defeat- gress and the American people. of appropriations. He has completed ing a 1994 appropriations amendment Richard, I am deeply grateful to you more than 37 years in public service in that would have severely damaged for a job extraordinarily well done. I Congress, beginning in 1975 as a special ethanol’s expansion in the U.S. gaso- join with the entire Senate family in assistant to Iowa Senator John Culver. line market. The vote on the motion to wishing you, Laura, and Michael much In 1977, when I was still in the House of table was 50 to 50, with the Vice Presi- happiness in the years ahead. Representatives, he came to work in dent casting the deciding ‘‘aye’’ vote. f my congressional office in Ames, where He secured vital funding for airport CONGRESSIONAL BADGES OF he met his future wife, Laura Forman. expansion and upgrading in Des Moines BRAVERY Richard moved to my Washington of- and at other Iowa airports. Mrs. MCCASKILL. Mr. President, I fice in 1980. He has been with me, now, Richard played the key role in secur- rise today to honor six outstanding for three and a half decades, making ing nearly one-half billion dollars to members of the U.S. Marshals Serv- him the longest serving Harkin staffer upgrade USDA’s National Animal Dis- ice—Supervisory Deputy U.S. Marshal on record. ease Center at Ames. Patrick James and Deputy U.S. Mar- Richard often says, with pride, that He obtained Federal funds for the shals Theodore Abegg, Travis Franke, he is the guy in the office who handles High Trestle Bridge over the Des Nicholas Garrett, Jeremy Wyatt, and asphalt and cement. What those two Moines River on the recreational trail John Perry—who played an instru- items translate into are new roads and between Ankeny and Woodward. mental role in the March 8, 2011, appre- bridges, revitalized downtowns, eco- Earlier this year, he successfully per- hension of a fugitive in St. Louis, MO, nomic development, jobs and oppor- suaded the Army Corps of Engineers to an incident that claimed the life of tunity. Cities across Iowa, from Du- keep the lower Mississippi River open Deputy U.S. Marshal John Perry and buque to downtown Des Moines and for navigation during a time of persist- resulted in the wounding of Deputy across to western Iowa, all bear abun- ently low water. Thanks to Richard’s dogged efforts, U.S. Marshal Theodore Abegg, as well dant evidence of Richard’s excellent as St. Louis Police Officer Jeff work over the decades. we were able to secure funding for the new Federal courthouse in Cedar Rap- Helbling. I have never encountered a staffer I commend the heroic service and in- ids. who can match Richard’s mastery of credible sacrifice of all these marshals, These accomplishments are Richard the appropriations process—not just four of whom are from my home State Bender’s living legacy. the know-how and know-who of appro- of Missouri: Supervisory Deputy U.S. And no recounting of Richard’s leg- priations, but even more importantly Marshal Patrick James and Deputy acy in Iowa would be complete without the tenacity and persistence required U.S. Marshals Theodore Abegg, Travis mentioning his central role in devising to advance specific projects over the Franke, and Nicholas Garrett. Deputy and implementing the modern Iowa course of many years and sometimes U.S. Marshal Jeremy Wyatt and fallen caucuses system. In 1971, Richard was for more than a decade. Deputy U.S. Marshal John Perry hail working as a staffer for the Iowa I don’t know how many times folks from Illinois. Last week, my colleague Democratic Party, which was seeking a in Iowa have thanked me for things Senator DICK DURBIN of Illinois joined that Richard played a huge role in get- way to increase the active involvement me at an awards ceremony in St. Louis ting done. Let me name just a few of of rank-and-file members in choosing to honor these distinguished U.S. mar- them. our party’s Presidential candidate. The shals. He deserves special credit for his party also needed a timely and effec- Before I talk about the bravery these many contributions to making down- tive way of reporting voting results. law enforcement officials demonstrated town Des Moines the attractive, eco- Richard’s creativity, as well as his in the line of duty, I need to mention nomically vibrant urban landscape it is training in mathematics and statistics, the tremendous service the U.S. Mar- today, including the downtown loop on made him the key player in developing shals Service provides to the people of the Martin Luther King, Jr., Parkway, the Iowa Democratic Party caucuses. this country every day. As the Nation’s as well as projects like Riverpoint and Today, the caucuses are little changed oldest Federal law enforcement agen- the Science Center, all of which have from what he developed four decades cy, the U.S. Marshals Service plays spurred development on the south side ago. several crucial roles, including pro- of town. He played a similar role in as- Richard Bender is the quintessential tecting Federal judges, operating the sisting the revitalization of Dubuque selfless public servant. For him, it is Witness Security Program, seizing ille- by securing funds for the brilliant de- never about personal gain or glory; it gally obtained assets from criminals, velopment of the city’s Mississippi wa- is about serving others. Nobody works and apprehending Federal fugitives—a terfront. harder. Nobody puts in longer hours. function which led to its cooperation Richard is fond of describing roads, And nobody produces more consistent with the St. Louis Metropolitan Police rivers, and canals as the ‘‘arteries and results than Richard. Department and the formation of the veins of commerce,’’ and he has been Indeed, I also add a debt of gratitude U.S. Marshals Service Fugitive Task devoted to securing robust investments to Richard’s wonderful wife, Laura, and Force in St. Louis. Since the Marshals in essential infrastructure projects all his beloved son, Michael. They, too, Service’s inception in 1789, over 200 fed- across Iowa. I would mention, for ex- have sacrificed as Richard has spent eral marshals, deputy marshals, special ample, Federal funding for the Des such long hours both in the office and deputy marshals, and marshals guards Moines to Burlington four-lane high- working at home on weekends and in have lost their lives in the line of duty. way, and Highway 61 improvement in the evening. Lots of people, when they When the U.S. Marshals Service’s eastern Iowa. retire, say that they are looking for- steadfast devotion to crime prevention Twice during Richard’s tenure in my ward to spending much more time with and mitigation is considered alongside office, he has played a critical role in their family. Richard really means it. I its traditional witness protection and helping Iowa to recover from cata- know that he has big plans for Laura judicial security duties, the law en- strophic floods. Following the dev- and Michael, including travel, in the forcement officials of this agency truly astating weather and flooding in 1993, years ahead. exemplify the values of ‘‘Justice, In- he helped to secure major Federal It is difficult to find words that do tegrity, Service.’’ funding to help Iowa cities, towns, and justice to how profoundly grateful I am From my days as a prosecutor, I farms to recover. Likewise, after the to Richard for his wise counsel and know how critically important the U.S.

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.043 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3754 CONGRESSIONAL RECORD — SENATE May 22, 2013 Marshals Service is to the Federal jus- last Wednesday was National Peace Of- One of his last gifts to his commu- tice system and the impact these offi- ficers Memorial Day. On Monday, May nity was that he was an organ donor. cials have in communities across Mis- 13, 2013, I joined my colleague, Senator After he died, his heart, lungs, liver, souri. These highly trained men and CLAIRE MCCASKILL of Missouri, at a pancreas, and kidneys were donated to women help form the backbone of our ceremony in St. Louis to honor six people who would have died without legal system, and I salute the countless brave deputy U.S. marshals who were them, along with skin and bone tissue acts of bravery performed by Federal awarded the Federal Law Enforcement to help as many as 100 more people. His law enforcement officers across Mis- Congressional Badge of Bravery. spirit—and his commitment to duty— souri and this Nation. Fewer than two dozen of these badges lives on in those people. It lives on in On March 8, 2011, members of the have been awarded since Congress cre- his friends and family, especially his U.S. Marshals Service Fugitive Task ated them 2 years ago. In fact, these three children. It lives on in the count- Force, which included St. Louis Metro- six deputy marshals honored in St. less law enforcement officers whose politan Police Department officers, en- Louis are the first law enforcement of- back he watched and with whom he gaged in an effort to apprehend a dan- ficers from either Missouri or Illinois shared his professional knowledge and gerous fugitive in St. Louis. In ap- to receive the Congressional Badge of bad jokes. And it continues to be exem- proaching the fugitive’s residence, the Bravery. plified every day by his fellow deputy officers and deputies, discovering there Two of the six men are from my marshals who successfully apprehended were two children at the home, safely State of Illinois. Deputy U.S. Marshal their suspect on that fateful March removed them and entered the home John Brookman Perry lived in day. behind a ballistic shield. Team Leader Edwardsville; Jeremy Wyatt is from John Perry didn’t lose his life. He Deputy John Perry provided cover for Granite City. laid down his life to keep his fellow of- Deputy Garrett, who used the shield to On March 8, 2011, they and four other ficers and our communities safe. approach the second floor location of deputy U.S. marshals, Theodore Abegg, I hope my colleagues will join me in the fugitive. While ascending a stair- Travis Franke, Nicholas Garrett, Su- honoring Deputy U.S. Marshals John well, the officers and deputies were pervisory Deputy Marshal Patrick Perry, Jeremy Wyatt, Theodore Abegg, fired upon by the fugitive. Both Deputy James, joined members of the St. Louis Travis Franke, Nicholas Garrett, and John Perry and St. Louis Police Officer Metropolitan Police Department to ar- Supervisory Deputy U.S Marshal Pat- Jeff Helbling were wounded in the ini- rest a dangerous fugitive in south St. rick James. They and all the law en- tial exchange of gunfire. While other Louis. The officers knew there could be forcement officers who risk their lives task force members engaged the fugi- trouble that day when they went to to protect ours deserve our respect and gratitude this week and every week. tive, Supervisory Deputy James serve the arrest warrant. The man they Mrs. MCCASKILL. Mr. President, I prompted Officer Anna Kimble to alert were looking for had a long criminal supporting officers of the shooting over also wish honor three St. Louis Metro- history and a record that included as- politan Police Detectives who played the radio system. saults on law enforcement officers. But With two task force members in- an instrumental role in the March 8, they went anyway because that is their jured, Deputies Abegg and Franke en- 2011, apprehension of a fugitive in St. job: bringing in the bad guys so that tered the home, and Supervisory Dep- Louis, MO, an incident that claimed others can feel safer walking down the uty James authorized Deputy Abegg to the life of Deputy U.S. Marshal John street. launch a rescue operation to secure Perry and resulted in the wounding of Deputy Perry was team leader for the Deputy Perry. Using ballistic shields, Deputy U.S. Marshal Theodore, Ted, Federal marshals. Tragically, though, Deputies Abegg and Garrett, followed Abegg, as well as St. Louis Police Offi- he never made it home. He was killed closely by Deputies Franke, Wyatt, and cer Jeff Helbling. Before I talk about and Deputy Marshal Abegg was wound- Supervisory Deputy James, entered the the heroic service and incredible sac- ed in a shootout with the man they residence in order to retrieve the rifice of these three officers, I have to went to arrest. His story deserves to be wounded marshal. In the course of the mention the tremendous service the St. told, so that everyone can know the rescue attempt, Deputy Abegg was Louis Metropolitan Police Department sort of man and law enforcement offi- wounded in the leg. Deputy U.S. Mar- provides to the people of St. Louis shal Melissa Duffy administered first cer he was. every day. As the principal law en- John Perry grew up in Glen Ellyn in aid to Officer Helbling, and Deputy forcement agency serving the City of northern Illinois. He had public service U.S. Marshal Shawn Jackson provided St. Louis, the St. Louis Metropolitan in his blood. His grandfather was the protective cover, allowing wounded Police Department, in addition to its son of an Alabama coal miner who Deputy U.S. Marshal Abegg to with- routine functions, provides a variety of went on to be a Federal district judge draw. In the end, task force team mem- specialized services, including acting bers subdued the fugitive, although, in northern Illinois. His father was an as a liaison with the U.S. Marshals tragically, Deputy Perry’s wounds administrative law judge. He earned a Service Fugitive Task Force. Since its later proved fatal. bachelor’s degree in earth science and a inception in 1836, over 160 St. Louis po- The sincere dedication of these mar- master’s degree in environmental lice officers have lost their lives in the shals to duty and their strong sense of science from SIU. But he wanted to line of duty. When the St. Louis Metro- justice are an inspiration to the Amer- work in law enforcement. He spent 16 politan Police Department’s steadfast ican people. Marshals like these place years as a probation officer in Madison dedication to community involvement themselves in harm’s way every day, County, IL before joining the U.S. Mar- is considered alongside its traditional forsaking the safety many of us take shals Service in 2001. The Federal mar- crime prevention and mitigation du- for granted. They and their families shals who worked with him said there ties, the officers of this department make precious sacrifices so that we, was no one better when it came to truly exemplify the mission ‘‘To Pro- the American public, may enjoy the tracking dangerous felons and bringing tect and Serve.’’ freedom to live our lives to an extent them in. I know how valuable police officers made possible by the knowledge that John was a great marshal, but appar- and other first responders are to com- someone stands watchful and ready on ently he had a little trouble with the munities across Missouri. While I was our behalf. ‘‘good cop/bad cop’’ style of interroga- Jackson County prosecutor, I wit- Therefore, I ask my colleagues to tion. At his memorial service, one nessed firsthand the essential skills join me in honoring Supervisory Dep- speaker recalled how, after what was and hands-on training needed to keep uty U.S. Marshal Patrick James and supposed to have been a hard-core in- our neighborhoods safe from crime. I Deputy U.S. Marshals Theodore Abegg, terrogation, the suspect emerged and know that our first responders form Travis Franke, Nicholas Garrett, Jer- told John’s partner: ‘‘Your partner is the backbone of our communities, and emy Wyatt, and John Perry for their the nicest guy in the world.’’ Just I salute the countless acts of bravery distinguished service to the people of imagine what the world would be like performed by law enforcement officers this country. if the worst thing people could say across Missouri. Mr. DURBIN. Mr. President, last about us was, ‘‘Sometimes he’s too On March 8, 2011, members of the week was National Police Week, and nice.’’ U.S. Marshals Service Fugitive Task

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.086 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3755 Force, which included St. Louis Metro- in St. Louis. Since its inception in 1789, REMEMBERING JIM MCCUSKER, politan Police Department officers, en- over 200 Federal marshals, deputy mar- JR. gaged in an effort to apprehend a dan- shals, special deputy marshals, and Mr. BLUMENTHAL. Mr. President, gerous fugitive in St. Louis. In ap- marshals guards have lost their lives in today I wish to remember Jim proaching the fugitive’s residence, the the line of duty. When the U.S. Mar- McCusker of Clinton, CT. The State of officers and deputies, discovering there shals Service’s steadfast devotion to Connecticut has lost a great public were two children at the home, safely crime prevention and mitigation is servant, former first selectman, and removed them and entered the home considered alongside its traditional loyal Marine. Jim was an inspiring behind a ballistic shield. Upon entering witness protection and judicial secu- leader and model of public service, and the home and ascending a stairwell, rity duties, the law enforcement offi- I am grateful for our friendship. My the officers and deputies were fired cials of this agency truly exemplify the heart goes out to Jim’s wife, Judy, and upon by the fugitive. Both Deputy U.S. values of ‘‘Justice, Integrity, Service.’’ their children and grandchildren, Marshal John Perry and St. Louis Po- I know how critically important the whom he loved tremendously. Count- lice Officer Jeff Helbling were wounded Marshals Service is to the Federal jus- less friends, touched by his generosity in the initial exchange of gunfire. tice system and the impact these offi- and big heart, will also miss him deep- Tragically, Deputy Perry’s wounds cials have in communities across Mis- ly. later proved fatal. While other task souri. These highly trained men and Jim will be remembered always for force members engaged the fugitive, women help form the backbone of our his lifelong dedication to the town and Officer Anna Kimble alerted supporting legal system, and I salute the countless people of Clinton. As first selectman, officers of the shooting over the radio acts of bravery performed by Federal he expertly managed the town budget system and Officer Joe Kuster provided law enforcement officers across Mis- and contributed tremendously in en- perimeter security. A rescue attempt souri and this Nation. ergy and spirit. He had a magnetic gift was mounted by the U.S. Marshals, On March 8, 2011, members of the of connecting with his community and during which another deputy U.S. Mar- U.S. Marshals Service Fugitive Task neighbors. shal was wounded. In the course of the Force, which included St. Louis Metro- In addition to his leadership as first rescue attempt, the fugitive was sub- politan Police Department officers, en- selectman, Jim spent more than a dec- dued by task force team members. gaged in an effort to apprehend a dan- I am proud these three officers hail gerous fugitive in St. Louis. In ap- ade on both the Clinton Board of Fi- from my home State of Missouri. Their proaching the fugitive’s residence, the nance and the Clinton Board of Select- sincere dedication to duty and endless officers and deputies, discovering there men. He was also involved with the compassion for the residents of the city were two children at the home, safely Clinton Education Federation, Fami- they serve are an inspiration to the removed them and entered the home lies Helping Families, Meals on Wheels, people of St. Louis. First responders behind a ballistic shield. Upon entering and St. Mary’s Knights of Columbus. like these place themselves in harm’s the home and ascending a stairwell, In tribute to Jim’s service to his way every day, forsaking the safety the officers and deputies were fired country as a United States Marine, many of us take for granted. They and upon by the fugitive. Both Deputy U.S. flags were hung at half staff. He was al- their families make precious sacrifices Marshal John Perry and St. Louis Po- ways there to give a smile and engage so that we, the American public, may lice Officer Jeff Helbling were wounded in earnest conversation. Jim loved to enjoy the freedom to live our lives to in the initial exchange of gunfire. sing Irish songs on St. Patrick’s Day. an extent made possible by the knowl- Tragically, Deputy Perry’s wounds As a patriot and veteran, he will be edge that someone stands watchful and later proved fatal. While other task particularly missed this Memorial Day. ready on our behalf. force members engaged the fugitive, I ask my colleagues to join me in rec- Therefore, I ask my colleagues to Officer Anna Kimble alerted supporting ognizing and honoring Jim McCusker’s join me in honoring St. Louis Metro- officers of the shooting over the radio long-time, selfless service. Although politan Police Department Detectives system, Deputy U.S. Marshal Melissa missed, he will not be forgotten. Jim’s Jeff Helbling, Anna Kimble, and Joe Duffy administered first aid to Officer sense of humor, warmth with others, Kuster for their distinguished service Helbling, and Deputy U.S. Marshal and dedication to country will be felt to the people of St. Louis. I thank Shawn Jackson provided protective throughout Clinton for years to come. them, and I thank all of you for joining cover allowing wounded Deputy U.S. f me in recognizing these outstanding Marshal Abegg to withdraw. A rescue REMEMBERING LANCE CORPORAL Missourians. attempt was mounted by the U.S. mar- LAWRENCE R. PHILIPPON Finally, Mr. President, I wish to shals, during which another deputy honor two deputy U.S. marshals who U.S. marshal was wounded. In the Mr. BLUMENTHAL. Mr. President, played an instrumental role in the course of the rescue attempt, the fugi- today I have the great privilege of pre- March 8, 2011, apprehension of a fugi- tive was subdued by task force team senting a poem in memory of LCpl tive in St. Louis, MO, an incident that members. Lawrence R. Philippon of West Hart- claimed the life of Deputy U.S. Mar- I am proud these two deputies are ford, CT, who gave his life 8 years ago shal John Perry and resulted in the based in my home State of Missouri. this May while supporting Operation wounding of Deputy U.S. Marshal Their sincere dedication to duty and Iraqi Freedom as a courageous member Theodore ‘‘Ted’’ Abegg, as well as St. strong sense of justice are an inspira- of the United States Marines. In the Louis Police Officer Jeff Helbling. Be- tion to the American people. Marshals Marine Corps color guard, Lance Cor- fore I talk about the heroic service and like these place themselves in harm’s poral Philippon carried the flag at the incredible sacrifice of these two depu- way every day, forsaking the safety funeral for President Reagan, but ties, I have to mention the tremendous many of us take for granted. They and yearned to be on the front lines. It was service the U.S. Marshals Service pro- their families make precious sacrifices there, as a brave member of the 3rd vides to the people of this country so that we, the American public, may Battalion, 2nd Marine Division, 2nd every day. As the Nation’s oldest Fed- enjoy the freedom to live our lives to Marine expeditionary force that he eral law enforcement agency, the U.S. an extent made possible by the knowl- made the ultimate sacrifice for his Marshals Service provides a variety of edge that someone stands watchful and country. crucial services, including protecting ready on our behalf. As Memorial Day nears, we dedicate Federal judges, operating the Witness Therefore, I ask my colleagues to ourselves in gratitude to our heroes— Security Program, seizing illegally ob- join me in honoring Deputy U.S. Mar- our servicemen and women, both re- tained assets from criminals, and ap- shals Melissa Duffy and Shawn Jack- cent and throughout history—who have prehending Federal fugitives—a func- son for their distinguished service to sacrificed and served for our freedom, tion which led to its cooperation with the people of this country. I thank protecting the founding principles we the St. Louis Metropolitan Police De- them, and I thank all of you for joining hold dear. partment and the formation of the U.S. me in recognizing these outstanding in- This special poem was written by Al- Marshals Service Fugitive Task Force dividuals. bert Carey Caswell, a longtime member

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.089 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3756 CONGRESSIONAL RECORD — SENATE May 22, 2013 of the Capitol Guide Service, and pro- to so show the world what the word honor all York and enlisted with the U.S. Navy lific poet whose work has been recited so means! in Poughkeepsie in 1966. many times on the Senate floor. It is a ALLELUIA! Bill trained with the Seabees in privilege to present Bert’s touching And to be One of The Few, Davisville, RI, before transferring to piece, written in memory of Lance Cor- Hoo Rahhhh . . . A United States Marine! Oh yes, Mobile Construction Battalion 121 at poral Philippon. I invite my colleagues remember all of this my little boys and girls Seabee Headquarters in Gulfport, MS. to remember and honor Lance Corporal what all so means! From there he was deployed to Phu Bai Philippon and all current and former ALLELUIA! with MCB 121, just south of Hue City in members of the military, and their For Heaven so holds a place, Vietnam. While in Vietnam, Bill’s unit families, today and always. for all of those of such honor and selfless was responsible for transporting South THIS IS MY BLOOD grace! Vietnamese refugees out of Hue. This . . . ALLELUIA! In February 1968, his unit saw heavy This Is My Blood, For it’s far . . . far . . . better, action during the Tet Counter Offen- that I so bled! to have died for something! Than, sive. They were responsible for trans- ALLELUIA! porting a group of South Vietnamese And this is my life, to have lived for nothing at all! that I so led! ALLELUIA! out of Hue to the refuge center at Phu ALLELUIA! Because, Bai. It was for their time in Hue that And these are all of the moments, that’s not really living, the MCB 121 received the Presidential which I no longer so have! no . . . no . . . not really living at all! Unit Citation. Bill also earned his ALLELUIA! ALLELUIA! Combat Action Ribbon. As for you, As that’s why, Bill’s deployment ended after 9 I so gave up all that I had! I so answered that most noble of all calls! ALLELUIA! months, and his unit returned to Gulf- ALLELUIA! port, MS before going back to Vietnam, That Last Full Measure, Because in life, My Life . . . there is no higher height to which one can so this time to Camp Eagle in the Gia Lai The Greatest of All Treasures, be called! Province. During his 8 months at Camp that one so has! ALLELUIA! Eagle, Bill worked on various construc- ALLELUIA! And no greater thing, tion and electrical projects, both And I’m so very sorry Sister and Brother, then while all in the face of death to so stand around the camp and in Hue. He also My Dearest Mother and Dad! so very tall! worked with the American-Vietnamese ALLELUIA! ALLELUIA! Then, Civic Action Program to help construct And I know that you all so miss me, engineering projects in the region. and so want to be with me so very bad! but to lay down ones life but for The Greater ALLELUIA! Good of It All! After his two tours in Vietnam, Bill And I know that it make’s you all so very ALLELUIA! transferred to Naval Reserve Construc- sad! As why up in Heaven with our Lord Larry, tion Battalion 19 for 4 years before re- ALLELUIA! your fine soul has now so been called! turning to Active Duty. And these, ALLELUIA! Back with the Seabees, Bill was as- are all of your tears that you now so weep, As an Angel In The Army of Our Lord, signed to Italy and New Zealand before that you so have! to so watch over us and protect us one and all! spending a year in Antarctica as part ALLELUIA! of Operation Deep Freeze. He was then All because your baby boy . . . ALLELUIA! your son, your most precious joy . . . For Larry, assigned to Harold E. Holt station in your bother this one, we will hear you on the wind . . . Australia where he married his wife, has so died hurting you all so very bad! and we will feel you on the breeze . . . Debby, a Helena native. ALLELUIA! As we carry you in our hearts, From Australia, Bill went to Winter All because, all in our memories . . . Harbor, ME, and then to MCB 74 in in warm arms holding each other again we’ll ALLELUIA! Gulfport. He deployed from Gulfport to never have! And tonight in Connecticut, Japan and Puerto Rico. From battalion ALLELUIA! as you so lay your heads down to sleep . . . there comes a gentle rain . . . he went to Manama, Bahrain, in the But, find comfort . . . Persian Gulf as a contract inspector. Because, ALLELUIA! one day up in Heaven we will all be together As it’s our Lord’s tears from up in Heaven, From Bahrain, Bill went to the Naval so very glad! washing down upon you to so ease your pain! Headquarters in London, England, for 4 ALLELUIA! ALLELUIA! years where his daughter Mariah was For no Parent, Until, born. no Sister, nor Brother of another . . . up and heaven you and Larry will all so meet Bill’s last assignment was part of a should so have to so watch their loved ones again . . . five-man Active-Duty staff for Reserve being buried in the ground! And you won’t have to cry no more! ALLELUIA! Construction Battalion 13 at Camp ALLELUIA! Smith, Peekskill, NY. Before he re- And these are, This Is My Blood! the Sons and Daughters that I shall never so ALLELUIA! tired, Bill received both the New York see! AMEN! State Conspicuous Service Cross and ALLELUIA! f the Long and Faithful Service Medal. And this is the Wife, Upon his retirement, he received that I’ll never so grow old with so happy to ADDITIONAL STATEMENTS both the Navy and Army Achievement be! Medals. Bill retired with the rank of E– ALLELUIA! 6, construction electrician first class. But take heart, TRIBUTE TO WILLIAM LEE RICH Bill transferred to Fleet Reserve and for all that I’ve given up . . . ∑ Mr. TESTER. Mr. President, today I retired after a 30-year naval career. Heaven so awaits all so for me! wish to honor William Lee Rich, a ca- ALLELUIA! Petty Officer Bill Rich moved to Hel- So wipe away all of those tears now so very reer Navy man. Bill, on behalf of all ena to start his new life with his wife deep! Montanans and all Americans, I stand and daughter. He currently works for ALLELUIA! to say thank you for your service to the State of Montana Department of Moments are all that we all so have! this Nation. Military Affairs here at Fort Harrison ALLELUIA! It is my honor to share the story of as an electrician. To Make A Difference! Bill Rich’s service in the U.S. Navy, be- After his service, Bill never received To Change The World! cause no story of heroism should ever all of the medals he earned from the To March Off So Very Boldly, fall through the cracks. Navy. With But Our Flags So Unfurled! ALLELUIA! Bill was born in Jamestown, NY, in Earlier this month, in the presence of So very proud, 1947. After moving around the country his friends and family, it was my honor wearing those most magnificent shades of with his family, he graduated from to finally present to Bill his Vietnam green, Spring Valley High School in New Campaign Medal with 1960 Device,

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.090 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3757 Navy Expert Rifle Medal with Three ENROLLED BILL SIGNED EXECUTIVE AND OTHER Bronze Stars, Navy Expert Pistol At 2:24 p.m., a message from the COMMUNICATIONS Medal, Humanitarian Service Medal, House of Representatives, delivered by The following communications were and his Navy & Marine Corps Overseas Mrs. Cole, one of its reading clerks, an- laid before the Senate, together with Service Ribbon with One Silver and nounced that the Speaker has signed accompanying papers, reports, and doc- Four Bronze Stars. the following enrolled bill: uments, and were referred as indicated: It was also my honor to present the S. 982. A bill to prohibit the Corps of Engi- EC–1578. A communication from the Direc- Antarctica Service Medal with Bronze neers from taking certain actions to estab- tor of the Regulatory Management Division, Clasp, the Vietnam Service Medal with lish a restricted area prohibiting public ac- Environmental Protection Agency, transmit- One Silver and Two Bronze Stars, the cess to waters downstream of a dam, and for ting, pursuant to law, the report of a rule en- Navy Good Conduct Medal with Four other purposes. titled ‘‘Methyl 5-(dimethylamino)-2-methyl- Bronze Stars, the Naval Reserve Meri- The enrolled bill was subsequently 5-oxopentanoate; Exemption from the Re- torious Service Medal, and the Na- signed by the President pro tempore quirement of a Tolerance’’ (FRL No. 9385–9) received in the Office of the President of the tional Defense Service Medal with One (Mr. LEAHY). Bronze Star. Senate on May 21, 2013; to the Committee on f Agriculture, Nutrition, and Forestry. Earlier this month I also presented EC–1579. A communication from the Direc- to Bill the Combat Action Ribbon, MEASURES REFERRED tor of the Regulatory Management Division, Presidential Unit Citation, Navy Unit Environmental Protection Agency, transmit- Commendation Ribbon with one Bronze The following bills were read the first ting, pursuant to law, the report of a rule en- Star, and the Meritorious Unit Com- and the second times by unanimous titled ‘‘Triforine; Pesticide Tolerances’’ mendation with One Bronze Star. consent, and referred as indicated: (FRL No. 9387–1) received in the Office of the These decorations are small tokens, H.R. 324. An act to grant the Congressional President of the Senate on May 21, 2013; to but they are powerful symbols of true Gold Medal, collectively, to the First Special the Committee on Agriculture, Nutrition, Service Force, in recognition of its superior and Forestry. heroism, sacrifice, and dedication to EC–1580. A communication from the Direc- service. service during World War II; to the Com- mittee on Banking, Housing, and Urban Af- tor of the Regulatory Management Division, These medals are presented on behalf Environmental Protection Agency, transmit- ∑ fairs. of a grateful nation. H.R. 570. An act to amend title 38, United ting, pursuant to law, the report of a rule en- f States Code, to provide for annual cost-of- titled ‘‘1-Naphthaleneacetic acid; Pesticide Tolerances’’ (FRL No. 9386–1) received in the MESSAGES FROM THE HOUSE living adjustments to be made automatically by law each year in the rates of disability Office of the President of the Senate on May At 9:46 a.m., a message from the compensation for veterans with service-con- 21, 2013; to the Committee on Agriculture, House of Representatives, delivered by nected disabilities and the rates of depend- Nutrition, and Forestry. EC–1581. A communication from the Acting Mr. Novotny, one of its reading clerks, ency and indemnity compensation for sur- vivors of certain service-connected disabled Under Secretary of Defense (Personnel and announced that the House has passed Readiness), transmitting a report on the ap- the following bill, without amendment: veterans, and for other purposes; to the Com- mittee on Veterans’ Affairs. proved retirement of Vice Admiral Kevin M. S. 982. An act to prohibit the Corps of Engi- H.R. 1344. An act to amend title 49, United McCoy, United States Navy, and his ad- neers from taking certain actions to estab- States Code, to direct the Assistant Sec- vancement to the grade of vice admiral on lish a restricted area prohibiting public ac- retary of Homeland Security (Transpor- the retired list; to the Committee on Armed cess to waters downstream of a dam, and for tation Security Administration) to provide Services. other purposes. expedited air passenger screening to severely EC–1582. A communication from the Acting The message further announced that injured or disabled members of the Armed Under Secretary of Defense (Personnel and Readiness), transmitting a report on the ap- the House has agreed to the following Forces and severely injured or disabled vet- erans, and for other purposes; to the Com- proved retirement of Lieutenant General concurrent resolution, without amend- Ralph J. Jodice II, United States Air Force, ment: mittee on Commerce, Science, and Transpor- tation. and his advancement to the grade of lieuten- S. Con. Res. 16. Concurrent resolution au- H.R. 1412. An act to improve and increase ant general on the retired list; to the Com- thorizing the use of Emancipation Hall in the availability of on-job training and ap- mittee on Armed Services. the Capitol Visitor Center for the unveiling prenticeship programs carried out by the EC–1583. A communication from the Direc- of a statue of Frederick Douglass. Secretary of Veterans Affairs, and for other tor of Defense Procurement and Acquisition purposes; to the Committee on Veterans’ Af- Policy, Department of Defense, transmit- At 12:58 p.m., a message from the fairs. ting, pursuant to law, the report of a rule en- House of Representatives, delivered by titled ‘‘Defense Federal Acquisition Regula- Mr. Novotny, one of its reading clerks, f tion Supplement; Clarification of ’F’ Orders announced that the House has passed in the Procurement Instrument Identifica- MEASURES PLACED ON THE tion Number Structure’’ ((RIN0750–AH80) the following bills, in which it requests CALENDAR (DFARS Case 2012–D040)) received in the Of- the concurrence of the Senate: fice of the President of the Senate on May 20, H.R. 324. An act to grant the Congressional The following bills were read the sec- 2013; to the Committee on Armed Services. Gold Medal, collectively, to the First Special ond time, and placed on the calendar: EC–1584. A communication from the Direc- Service Force, in recognition of its superior S. 1003. A bill to amend the Higher Edu- tor of Defense Procurement and Acquisition service during World War II. cation Act of 1965 to reset interest rates for Policy, Department of Defense, transmit- H.R. 570. An act to amend title 38, United new student loans. ting, pursuant to law, the report of a rule en- States Code, to provide for annual cost-of- S. 1004. A bill to permit voluntary eco- titled ‘‘Defense Federal Acquisition Regula- living adjustments to be made automatically nomic activity. tion Supplement; Government Support Con- by law each year in the rates of disability H.R. 45. An act to repeal the Patient Pro- tractor Access to Technical Data’’ ((RIN0750– compensation for veterans with service-con- tection and Affordable Care Act and health AG38) (DFARS Case 2009–D031)) received in nected disabilities and the rates of depend- care-related provisions in the Health Care the Office of the President of the Senate on ency and indemnity compensation for sur- and Education Reconciliation Act of 2010. May 20, 2013; to the Committee on Armed vivors of certain service-connected disabled Services. veterans, and for other purposes. f EC–1585. A communication from the Chair- H.R. 1344. An act to amend title 49, United man and President of the Export-Import States Code, to direct the Assistant Sec- ENROLLED BILL PRESENTED Bank, transmitting, pursuant to law, a re- retary of Homeland Security (Transpor- The Secretary of the Senate reported port relative to transactions involving U.S. tation Security Administration) to provide that on today, May 22, 2013, she had exports to China; to the Committee on Bank- expedited air passenger screening to severely presented to the President of the ing, Housing, and Urban Affairs. injured or disabled members of the Armed EC–1586. A communication from the Chair- Forces and severely injured or disabled vet- United States the following enrolled man and President of the Export-Import erans, and for other purposes. bill: Bank, transmitting, pursuant to law, a re- H.R. 1412. An act to improve and increase S. 982. An act to prohibit the Corps of Engi- port relative to transactions involving U.S. the availability of on-job training and ap- neers from taking certain actions to estab- exports to Ehiopia; to the Committee on prenticeship programs carried out by the lish a restricted area prohibiting public ac- Banking, Housing, and Urban Affairs. Secretary of Veterans Affairs, and for other cess to waters downstream of a dam, and for EC–1587. A communication from the Sec- purposes. other purposes. retary of Commerce, transmitting, pursuant

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.042 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3758 CONGRESSIONAL RECORD — SENATE May 22, 2013 to law, a report relative to the continuation ting, pursuant to law, the report of a rule en- EC–1606. A communication from the Assist- of a national emergency declared in Execu- titled ‘‘Approval and Promulgation of Air ant Director of the Legal Processing Divi- tive Order 13222 with respect to the lapse of Quality Implementation Plans; Wisconsin; sion, Internal Revenue Service, Department the Export Administration Act of 1979; to the Prevention of Significant Deterioration of the Treasury, transmitting, pursuant to Committee on Banking, Housing, and Urban Greenhouse Gas Tailoring and Biomass De- law, the report of a rule entitled ‘‘Update for Affairs. ferral Rule’’ (FRL No. 9808–9) received in the Weighted Average Interest Rates, Yield EC–1588. A communication from the Acting Office of the President of the Senate on May Curves, and Segment Rates’’ (Notice 2013–28) Assistant Secretary, Legislative Affairs, De- 21, 2013; to the Committee on Environment received in the Office of the President of the partment of State, transmitting, pursuant to and Public Works. Senate on May 20, 2013; to the Committee on law, a report relative to section 36(c) of the EC–1598. A communication from the Direc- Finance. Arms Export Control Act (DDTC 13–054); to tor of the Regulatory Management Division, EC–1607. A communication from the Assist- the Committee on Foreign Relations. Environmental Protection Agency, transmit- ant Director of the Legal Processing Divi- EC–1589. A communication from the Acting ting, pursuant to law, the report of a rule en- sion, Internal Revenue Service, Department Assistant Secretary, Legislative Affairs, De- titled ‘‘Revisions to the California State Im- of the Treasury, transmitting, pursuant to partment of State, transmitting, pursuant to plementation Plan, South Coast Air Quality law, the report of a rule entitled ‘‘Fringe law, a report relative to section 36(d) of the Management District’’ (FRL No. 9799–2) re- Benefits Aircraft Valuation Formula’’ (Rev. Arms Export Control Act (DDTC 13–061); to ceived in the Office of the President of the Rul. 2013–8) received in the Office of the the Committee on Foreign Relations. Senate on May 21, 2013; to the Committee on President of the Senate on May 20, 2013; to EC–1590. A communication from the Acting Environment and Public Works. the Committee on Finance. Assistant Secretary, Legislative Affairs, De- EC–1599. A communication from the Direc- EC–1608. A communication from the Pro- partment of State, transmitting, pursuant to tor of the Regulatory Management Division, gram Manager, Centers for Medicare and law, a report relative to section 36(d) of the Environmental Protection Agency, transmit- Medicaid Services, Department of Health Arms Export Control Act (DDTC 13–018); to ting, pursuant to law, the report of a rule en- and Human Services, transmitting, pursuant the Committee on Foreign Relations. titled ‘‘Approval and Promulgation of Air to law, the report of a rule entitled ‘‘Pre-Ex- EC–1591. A communication from the Execu- Quality Implementation Plans; Illinois; Air isting Condition Insurance Plan Program’’ tive Secretary, U.S. Agency for Inter- Quality Standards Revision’’ (FRL No. 9805– (RIN0938–AQ70) received in the Office of the national Development (USAID), transmit- 5) received in the Office of the President of President of the Senate on May 21, 2013; to ting, pursuant to law, a report relative to a the Senate on May 21, 2013; to the Committee the Committee on Health, Education, Labor, vacancy in the position of Assistant Admin- on Environment and Public Works. and Pensions. istrator, Bureau for Middle East, U.S. Agen- EC–1600. A communication from the Direc- EC–1609. A communication from the Assist- cy for International Development (USAID), tor of the Regulatory Management Division, ant General Counsel for Regulatory Services, received in the Office of the President of the Environmental Protection Agency, transmit- Office of Special Education and Rehabilita- Senate on May 21, 2013; to the Committee on ting, pursuant to law, the report of a rule en- tive Services, Department of Education, Foreign Relations. titled ‘‘National Priorities List, Final Rule transmitting, pursuant to law, the report of EC–1592. A communication from the Assist- No. 56’’ (FRL No. 9815–1) received in the Of- a rule entitled ‘‘National Institute on Dis- ant Secretary of Defense (Legislative Af- fice of the President of the Senate on May 21, ability and Rehabilitation Research fairs), transmitting legislative proposals and 2013; to the Committee on Environment and (NIDRR)—Disability and Rehabilitation Re- accompanying reports relative to the Na- Public Works. search Project Community Living and Par- tional Defense Authorization Act for Fiscal EC–1601. A communication from the Direc- ticipation, Health and Function, and Em- Year 2014; to the Committee on Armed Serv- tor, Office of Sustainable Fisheries, Depart- ployment of Individuals with Disabilities’’ ices. ment of Commerce, transmitting, pursuant (CFDA No. 84.133A–3) received in the Office of EC–1593. A communication from the Direc- to law, the report of a rule entitled ‘‘Taking the President of the Senate on May 21, 2013; tor, Office of Management and Budget, Exec- of Marine Mammals Incidental to Commer- to the Committee on Health, Education, utive Office of the President, transmitting, cial Fishing Operations; False Killer Whale Labor, and Pensions. pursuant to law, two reports relative to se- Take Reduction Plan’’ (RIN0648–BA30) re- EC–1610. A communication from the Assist- questration entitled: ‘‘OMB Sequestration ceived during adjournment of the Senate in ant General Counsel for Regulatory Services, Preview Report to the President and Con- the Office of the President of the Senate on Office of Special Education and Rehabilita- gress for Fiscal Year 2014’’ and ‘‘OMB Report May 17, 2013; to the Committee on Com- tive Services, Department of Education, to the Congress on the Joint Committee Re- merce, Science, and Transportation. transmitting, pursuant to law, the report of ductions for Fiscal Year 2014’’; to the Com- EC–1602. A communication from the Assist- a rule entitled ‘‘National Institute on Dis- mittees on the Budget; and Homeland Secu- ant Director of the Legal Processing Divi- ability and Rehabilitation Research rity and Governmental Affairs. sion, Internal Revenue Service, Department (NIDRR)—Disability and Rehabilitation Re- EC–1594. A communication from the Direc- of the Treasury, transmitting, pursuant to search Projects—Traumatic Brain Injury tor of Congressional Affairs, Nuclear Regu- law, the report of a rule entitled ‘‘Regula- Model Systems Centers Collaborative Re- latory Commission, transmitting, pursuant tions Enabling Elections for Certain Trans- search Project’’ (CFDA No. 84.133A–7) re- to law, the report of a rule entitled ‘‘Design actions Under Section 336(e)’’ (RIN1545–BD84) ceived in the Office of the President of the Limits and Loading Combinations for Metal received in the Office of the President of the Senate on May 21, 2013; to the Committee on Primary Reactor Containment System Com- Senate on May 20, 2013; to the Committee on Health, Education, Labor, and Pensions. ponents’’ (Regulatory Guide 1.57, Revision 2) Finance. EC–1611. A communication from the Assist- received during adjournment of the Senate EC–1603. A communication from the Chief ant General Counsel for Regulatory Services, in the Office of the President of the Senate of the Publications and Regulations Branch, Office of Special Education and Rehabilita- on May 17, 2013; to the Committee on Envi- Internal Revenue Service, Department of the tive Services, Department of Education, ronment and Public Works. Treasury, transmitting, pursuant to law, the transmitting, pursuant to law, the report of EC–1595. A communication from the Direc- report of a rule entitled ‘‘Credit for Carbon a rule entitled ‘‘National Institute on Dis- tor of the Regulatory Management Division, Dioxide Sequestration 2013 Section 45Q Infla- ability and Rehabilitation Research Environmental Protection Agency, transmit- tion Adjustment Factor’’ (Rev. Proc. 2013–34) (NIDRR)—Rehabilitation Research and ting, pursuant to law, the report of a rule en- received during adjournment of the Senate Training Centers’’ (CFDA No. 84.133B–3) re- titled ‘‘Approval and Promulgation of Imple- in the Office of the President of the Senate ceived in the Office of the President of the mentation Plans: Atlanta, Georgia 1997 8- on May 20, 2013; to the Committee on Fi- Senate on May 21, 2013; to the Committee on Hour Ozone Nonattainment Area; Reason- nance. Health, Education, Labor, and Pensions. able Further Progress Plan’’ (FRL No. 9816– EC–1604. A communication from the Assist- EC–1612. A communication from the Assist- 6) received in the Office of the President of ant Director of the Legal Processing Divi- ant General Counsel for Regulatory Services, the Senate on May 21, 2013; to the Committee sion, Internal Revenue Service, Department Office of Special Education and Rehabilita- on Environment and Public Works. of the Treasury, transmitting, pursuant to tive Services, Department of Education, EC–1596. A communication from the Direc- law, the report of a rule entitled ‘‘Applicable transmitting, pursuant to law, the report of tor of the Regulatory Management Division, Federal Rates—June 2013’’ (Rev. Rul. 2013–12) a rule entitled ‘‘National Institute on Dis- Environmental Protection Agency, transmit- received in the Office of the President of the ability and Rehabilitation Research ting, pursuant to law, the report of a rule en- Senate on May 20, 2013; to the Committee on (NIDRR)—Disability and Rehabilitation Re- titled ‘‘Approval and Promulgation of Imple- Finance. search Projects and Centers Program—Reha- mentation Plans: Arizona; Motor Vehicle In- EC–1605. A communication from the Assist- bilitation Research Training Centers’’ spection and Maintenance Programs’’ (FRL ant Director of the Legal Processing Divi- (CFDA No. 84.133B–7) received in the Office of No. 9780–9) received in the Office of the Presi- sion, Internal Revenue Service, Department the President of the Senate on May 21, 2013; dent of the Senate on May 21, 2013; to the of the Treasury, transmitting, pursuant to to the Committee on Health, Education, Committee on Environment and Public law, the report of a rule entitled ‘‘Biodiesel Labor, and Pensions. Works. and Alternative Fuels; Claims for 2012; Ex- EC–1613. A communication from the Assist- EC–1597. A communication from the Direc- cise Tax’’ (Notice 2013–26) received in the Of- ant General Counsel for Regulatory Services, tor of the Regulatory Management Division, fice of the President of the Senate on May 20, Office of Special Education and Rehabilita- Environmental Protection Agency, transmit- 2013; to the Committee on Finance. tive Services, Department of Education,

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.028 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3759 transmitting, pursuant to law, the report of proach Procedures; Miscellaneous Amend- Army nomination of Col. Gabriel Troiano, a rule entitled ‘‘National Institute on Dis- ments (49); Amdt. No. 3529’’ (RIN2120–AA65) to be Brigadier General. ability and Rehabilitation Research received during adjournment of the Senate Army nomination of Col. Jeffrey B. Clark, (NIDRR)—Disability and Rehabilitation Re- in the Office of the President of the Senate to be Brigadier General. search Projects and Centers Program—Inclu- on May 2, 2013; to the Committee on Com- Army nominations beginning with Brig. sive Cloud and Web Computing’’ (CFDA No. merce, Science, and Transportation. Gen. James A. Adkins and ending with Col. 84.133A–1) received in the Office of the Presi- EC–1623. A communication from the Assist- James D. Campbell, which nominations were dent of the Senate on May 21, 2013; to the ant Chief Counsel for Hazardous Materials received by the Senate and appeared in the Committee on Health, Education, Labor, and Safety, Pipeline and Hazardous Materials Congressional Record on April 11, 2013. Pensions. Safety Administration, Department of Army nominations beginning with Colonel EC–1614. A communication from the Assist- Transportation, transmitting, pursuant to Wayne L. Black and ending with Colonel ant General Counsel for Regulatory Services, law, the report of a rule entitled ‘‘Hazardous Robert E. Windham, Jr., which nominations Office of Special Education and Rehabilita- Materials: Temporary Reduction of Registra- were received by the Senate and appeared in tive Services, Department of Education, tion Fees’’ (RIN2137–AE95) received in the Of- the Congressional Record on April 11, 2013. transmitting, pursuant to law, the report of fice of the President of the Senate on May 16, Army nominations beginning with Briga- a rule entitled ‘‘National Institute on Dis- 2013; to the Committee on Commerce, dier General Mark E. Anderson and ending ability and Rehabilitation Research Science, and Transportation. with Brigadier General William L. Smith, (NIDRR)—Rehabilitation Research and EC–1624. A communication from the Fed- which nominations were received by the Sen- Training Centers’’ (CFDA No. 84.133B–9) re- eral Register Liaison, Office of the General ate and appeared in the Congressional ceived in the Office of the President of the Counsel, National Aeronautics and Space Ad- Record on April 11, 2013. Senate on May 21, 2013; to the Committee on ministration, transmitting, pursuant to law, Army nominations beginning with Colonel Health, Education, Labor, and Pensions. the report of a rule entitled ‘‘Boards and Steven R. Beach and ending with Colonel EC–1615. A communication from the Chair- Committees’’ (RIN2700–AD82) received in the Gary S. Yaple, which nominations were re- man of the Council of the District of Colum- Office of the President of the Senate on May ceived by the Senate and appeared in the bia, transmitting, pursuant to law, a report 8, 2013; to the Committee on Commerce, Congressional Record on April 11, 2013. on D.C. Act 20–68, ‘‘Department of Health Science, and Transportation. (minus 2 nominees: Colonel Christopher A. Grant-Making Authority Temporary Amend- EC–1625. A communication from the Acting Rofrano; Colonel Timothy J. Sheriff) ment Act of 2013’’; to the Committee on Assistant Secretary of Legislative Affairs, Army nominations beginning with Briga- Homeland Security and Governmental Af- U.S. Department of State, transmitting, pur- dier General Louis H. Guernsey, Jr. and end- fairs. suant to law, a report relative to certifi- ing with Colonel Juan A. Rivera, which EC–1616. A communication from the Chair- cations granted in relation to the incidental nominations were received by the Senate and man of the Council of the District of Colum- capture of sea turtles in commercial appeared in the Congressional Record on bia, transmitting, pursuant to law, a report shrimping operations; to the Committee on April 15, 2013. (minus 1 nominee: Brigadier on D.C. Act 20–70, ‘‘Deputy Mayor for Plan- Commerce, Science, and Transportation. General Matthew T. Quinn) ning and Economic Development Limited EC–1626. A communication from the Attor- Army nomination of Col. Richard J. Grant-Making Authority Temporary Amend- ney-Advisor, Office of the General Counsel, Torres, to be Brigadier General. ment Act of 2013’’; to the Committee on Department of Transportation, transmitting, Army nomination of Col. Michael Dillard, Homeland Security and Governmental Af- pursuant to law, a report relative to a va- to be Brigadier General. fairs. cancy in the position of General Counsel, De- Army nomination of Col. Donald E. Jack- EC–1617. A communication from the Chair- partment of Transportation, received in the son, Jr., to be Brigadier General. man of the Council of the District of Colum- Office of the President of the Senate on May Army nomination of Lt. Gen. William T. bia, transmitting, pursuant to law, a report 8, 2013; to the Committee on Commerce, Grisoli, to be Lieutenant General. on D.C. Act 20–69, ‘‘Health Benefit Exchange Science, and Transportation. Army nomination of Col. John M. Cho, to Authority Temporary Amendment Act of EC–1627. A communication from the Attor- be Brigadier General. 2013’’; to the Committee on Homeland Secu- ney-Advisor, Office of the General Counsel, Army nomination of Col. Brian E. Alvin, to rity and Governmental Affairs. Department of Transportation, transmitting, be Brigadier General. EC–1618. A communication from the Staff pursuant to law, a report relative to a va- Army nominations beginning with Briga- Director, U.S. Sentencing Commission, cancy in the position of General Counsel, De- dier General William F. Duffy and ending transmitting, pursuant to law, the 2012 An- partment of Transportation, received in the with Colonel Miyako N. Schanely, which nual Report and Sourcebook of Federal Sen- Office of the President of the Senate on May nominations were received by the Senate and tencing Statistics; to the Committee on the 15, 2013; to the Committee on Commerce, appeared in the Congressional Record on Judiciary. Science, and Transportation. May 6, 2013. EC–1619. A communication from the Para- f Navy nomination of Rear Adm. Terry J. legal Specialist, Federal Aviation Adminis- Benedict, to be Vice Admiral. tration, Department of Transportation, REPORTS OF COMMITTEES Navy nomination of Rear Adm. (lh) Joseph transmitting, pursuant to law, the report of W. Rixey, to be Vice Admiral. a rule entitled ‘‘Standard Instrument Ap- The following reports of committees were submitted: Navy nominations beginning with Captain proach Procedures; Miscellaneous Amend- John W. V. Ailes and ending with Captain ments (49); Amdt. No. 3531’’ (RIN2120–AA65) By Mr. MENENDEZ, from the Committee Richard L. Williams, Jr., which nominations received in the Office of the President of the on Foreign Relations, without amendment were received by the Senate and appeared in Senate on May 6, 2013; to the Committee on and with a preamble: the Congressional Record on March 22, 2013. Commerce, Science, and Transportation. S. Res. 143. A resolution recognizing the Navy nomination of Capt. Timothy J. EC–1620. A communication from the Para- threats to freedom of the press and expres- White, to be Rear Admiral (lower half). legal Specialist, Federal Aviation Adminis- sion around the world and reaffirming free- Navy nomination of Capt. Nancy A. Nor- tration, Department of Transportation, dom of the press as a priority in the efforts ton, to be Rear Admiral (lower half). transmitting, pursuant to law, the report of of the United States Government to promote Navy nomination of Capt. Robert D. Sharp, a rule entitled ‘‘Standard Instrument Ap- democracy and good governance on the occa- to be Rear Admiral (lower half). proach Procedures; Miscellaneous Amend- sion of World Press Freedom Day on May 3, Navy nomination of Capt. Louis V. ments (59); Amdt. No. 3532’’ (RIN2120–AA65) 2013. Cariello, to be Rear Admiral (lower half). received in the Office of the President of the f Navy nomination of Mark I. Fox, to be Senate on May 6, 2013; to the Committee on Vice Admiral. Commerce, Science, and Transportation. EXECUTIVE REPORTS OF Navy nomination of Vice Adm. Michelle J. EC–1621. A communication from the Para- COMMITTEES Howard, to be Vice Admiral. legal Specialist, Federal Aviation Adminis- Navy nomination of Rear Adm. Ted N. tration, Department of Transportation, The following executive reports of nominations were submitted: Branch, to be Vice Admiral. transmitting, pursuant to law, the report of Navy nomination of Rear Adm. Sean A. a rule entitled ‘‘Standard Instrument Ap- By Mr. LEVIN for the Committee on Pybus, to be Vice Admiral. proach Procedures; Miscellaneous Amend- Armed Services. Navy nomination of Rear Adm. Paul A. Air Force nomination of Col. James E. ments (170); Amdt. No. 3528’’ (RIN2120–AA65) Grosklags, to be Vice Admiral. McClain, to be Brigadier General. received during adjournment of the Senate Navy nomination of Vice Adm. Scott H. Air Force nomination of Lt. Gen. David L. in the Office of the President of the Senate Swift, to be Vice Admiral. Goldfein, to be Lieutenant General. on May 2, 2013; to the Committee on Com- Marine Corps nomination of Maj. Gen. Air Force nomination of Col. Robert C. merce, Science, and Transportation. Robert R. Ruark, to be Lieutenant General. EC–1622. A communication from the Para- Bolton, to be Brigadier General. Marine Corps nomination of Maj. Gen. legal Specialist, Federal Aviation Adminis- Air Force nomination of Col. Andrew P. Glenn M. Walters, to be Lieutenant General. tration, Department of Transportation, Armacost, to be Brigadier General. transmitting, pursuant to law, the report of Army nomination of Brig. Gen. John F. Mr. LEVIN. Mr. President, for the a rule entitled ‘‘Standard Instrument Ap- Wharton, to be Major General. Committee on Armed Services I report

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.031 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3760 CONGRESSIONAL RECORD — SENATE May 22, 2013 favorably the following nomination ate and appeared in the Congressional Superior Court of the District of Columbia lists which were printed in the RECORDs Record on May 16, 2013. for the term of fifteen years. on the dates indicated, and ask unani- Marine Corps nomination of Darren M. *Robert D. Okun, of the District of Colum- Gallagher, to be Major. bia, to be an Associate Judge of the Superior mous consent, to save the expense of Marine Corps nomination of Dusty C. Court of the District of Columbia for the reprinting on the Executive Calendar Edwards, to be Major. term of fifteen years. that these nominations lie at the Sec- Marine Corps nomination of Sal L. *Nomination was reported with rec- retary’s desk for the information of Leblanc, to be Lieutenant Colonel. ommendation that it be confirmed sub- Marine Corps nomination of Mauro Mo- Senators. ject to the nominee’s commitment to The PRESIDING OFFICER. Without rales, to be Lieutenant Colonel. Marine Corps nominations beginning with respond to requests to appear and tes- objection, it is so ordered. Jessica L. Acosta and ending with Matthew tify before any duly constituted com- Air Force nomination of Matthew J. S. Youngblood, which nominations were re- mittee of the Senate. Gervais, to be Lieutenant Colonel. ceived by the Senate and appeared in the (Nominations without an asterisk Air Force nomination of Bradly A. Carlson, Congressional Record on January 23, 2013. were reported with the recommenda- to be Major. Marine Corps nominations beginning with tion that they be confirmed.) Air Force nominations beginning with Mi- Rico Acosta and ending with Andrew J. chael Lucas Ahmann and ending with Ber- Zetts, which nominations were received by f nard John Yosten, which nominations were the Senate and appeared in the Congres- INTRODUCTION OF BILLS AND received by the Senate and appeared in the sional Record on January 23, 2013. JOINT RESOLUTIONS Congressional Record on May 16, 2013. (minus Marine Corps nomination of Randolph T. 1 nominee: Robert Kenneth Henderson) Page, to be Colonel. The following bills and joint resolu- Army nominations beginning with James Navy nomination of Jeremy J. Aujero, to tions were introduced, read the first Acevedo and ending with D011666, which be Commander. and second times by unanimous con- nominations were received by the Senate and Navy nomination of John P. Newton, Jr., sent, and referred as indicated: appeared in the Congressional Record on to be Captain. By Mr. PORTMAN (for himself, Mr. March 19, 2013. Navy nomination of Daniel W. Testa, to be UDALL of New Mexico, and Mr. Army nominations beginning with Garland Commander. Navy nomination of Kevin J. Parker, to be WHITEHOUSE): A. Adkins III and ending with G010188, which S. 1005. A bill to establish more efficient nominations were received by the Senate and Captain. Navy nomination of Maria V. Navarro, to and effective policies and processes for de- appeared in the Congressional Record on partments and agencies engaged in or pro- March 19, 2013. be Commander. Navy nomination of Shane G. Harris, to be viding support to, international conserva- Army nominations beginning with Steven tion; to the Committee on Foreign Rela- J. Ackerson and ending with G010128, which Captain. Navy nomination of Latanya A. Oneal, to tions. nominations were received by the Senate and By Mr. BARRASSO (for himself, Mr. appeared in the Congressional Record on be Lieutenant Commander. SESSIONS, Mr. VITTER, Mr. CRAPO, Mr. March 19, 2013. Navy nominations beginning with Stephen INHOFE, Mr. BLUNT, Mr. COATS, Mr. Army nomination of Michael B. Moore, to J. Lepp and ending with John C. Rudd, which RISCH, Ms. MURKOWSKI, Mr. GRASS- be Major. nominations were received by the Senate and LEY, Mr. WICKER, Mr. RUBIO, Mr. Army nominations beginning with Thomas appeared in the Congressional Record on ENZI, Mr. HELLER, Mr. ROBERTS, Mr. G. Behling and ending with Raymond G. May 6, 2013. HATCH, Mr. MCCAIN, Mr. LEE, Mr. Strawbridge, which nominations were re- Navy nomination of Sarah E. Niles, to be JOHNSON of Wisconsin, Mrs. FISCHER, ceived by the Senate and appeared in the Lieutenant Commander. Navy nomination of Richard Diaz, to be Mr. CHAMBLISS, Mr. BURR, Mr. ISAK- Congressional Record on April 23, 2013. SON, Mr. SCOTT, Mr. FLAKE, Mr. COR- Army nomination of Shercoda G. Smaw, to Lieutenant Commander. Navy nomination of Tanya Wong, to be NYN, and Mr. COBURN): be Major. Lieutenant Commander. S. 1006. A bill to preserve existing rights Army nomination of Carl N. Soffler, to be Navy nomination of Karen R. Dallas, to be and responsibilities with respect to waters of Major. Lieutenant Commander. the United States; to the Committee on En- Army nomination of Owen B. Mohn, to be Navy nominations beginning with Ronald vironment and Public Works. Major. G. Oswald and ending with Nikita Tihonov, By Mr. KING (for himself and Ms. COL- Army nominations beginning with Carmelo which nominations were received by the Sen- LINS): N. Oterosantiago and ending with John H. ate and appeared in the Congressional S. 1007. A bill to amend the Internal Rev- Seok, which nominations were received by Record on May 16, 2013. enue Code of 1986 to include biomass heating the Senate and appeared in the Congres- Navy nominations beginning with Craig S. appliances for tax credits available for en- sional Record on May 16, 2013. Coleman and ending with William R. Volk, ergy-efficient building property and energy Army nominations beginning with Brent which nominations were received by the Sen- property; to the Committee on Finance. E. Harvey and ending with Joohyun A. Kim, ate and appeared in the Congressional By Mr. SCHUMER (for himself, Mrs. which nominations were received by the Sen- Record on May 16, 2013. GILLIBRAND, Mr. LAUTENBERG, Mr. ate and appeared in the Congressional By Mr. HARKIN for the Committee on MENENDEZ, and Ms. MURKOWSKI): Record on May 16, 2013. Health, Education, Labor, and Pensions. S. 1008. A bill to prohibit the Secretary of Army nominations beginning with Jerry *Richard F. Griffin, Jr., of the District of Homeland Security from implementing pro- M. Anderson and ending with Maureen H. Columbia, to be a Member of the National posed policy changes that would permit pas- Weigl, which nominations were received by Labor Relations Board for the term of five sengers to carry small, non-locking knives the Senate and appeared in the Congres- years expiring August 27, 2016. on aircraft; to the Committee on Commerce, sional Record on May 16, 2013. *Sharon Block, of the District of Columbia, Science, and Transportation. Army nominations beginning with Dennis to be a Member of the National Labor Rela- By Mr. LAUTENBERG (for himself, R. Bell and ending with Kent J. Vince, which tions Board for the term of five years expir- Mr. VITTER, Mrs. GILLIBRAND, Mr. nominations were received by the Senate and ing December 16, 2014. CRAPO, Mr. DURBIN, Mr. ALEXANDER, appeared in the Congressional Record on *Harry I. Johnson III, of Virginia, to be a Mr. SCHUMER, Mr. INHOFE, Mr. UDALL May 16, 2013. Member of the National Labor Relations of New Mexico, Ms. COLLINS, Ms. Army nominations beginning with David Board for the term of five years expiring Au- LANDRIEU, Mr. RUBIO, Mr. MANCHIN, W. Admire and ending with D006281, which gust 27, 2015. Mr. BOOZMAN, Mr. MENENDEZ, Mr. nominations were received by the Senate and *Philip Andrew Miscimarra, of Illinois, to HOEVEN, and Mr. BEGICH): appeared in the Congressional Record on be a Member of the National Labor Relations S. 1009. A bill to reauthorize and modernize May 16, 2013. Board for the term of five years expiring De- the Toxic Substances Control Act, and for Army nominations beginning with Chris- cember 16, 2017. other purposes; to the Committee on Envi- topher G. Archer and ending with D011779, *Mark Gaston Pearce, of New York, to be a ronment and Public Works. which nominations were received by the Sen- Member of the National Labor Relations By Mr. BENNET (for himself and Mr. ate and appeared in the Congressional Board for the term of five years expiring Au- ALEXANDER): Record on May 16, 2013. gust 27, 2018. S. 1010. A bill to establish the Commission Army nominations beginning with James By Mr. CARPER for the Committee on on Effective Regulation and Assessment Sys- A. Adamec and ending with Vanessa Homeland Security and Governmental Af- tems for Public Schools; to the Committee Worsham, which nominations were received fairs. on Health, Education, Labor, and Pensions. by the Senate and appeared in the Congres- Brian C. Deese, of Massachusetts, to be By Mr. JOHANNS (for himself and Mrs. sional Record on May 16, 2013. Deputy Director of the Office of Management FISCHER): Army nominations beginning with Edward and Budget. S. 1011. A bill to require the Secretary of P. C. Ager and ending with John P. Zoll, *Michael Kenny O’Keefe, of the District of the Treasury to mint coins in commemora- which nominations were received by the Sen- Columbia, to be an Associate Judge of the tion of the centennial of Boys Town, and for

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.013 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3761 other purposes; to the Committee on Bank- By Mr. WARNER (for himself and Mr. (Mr. BLUNT) was added as a cosponsor ing, Housing, and Urban Affairs. KAINE): of S. 330, a bill to amend the Public By Mr. BLUNT (for himself and Mr. S. 1024. A bill to provide for the inclusion Health Service Act to establish safe- PRYOR): of Lease Sale 220 in the outer Continental S. 1012. A bill to amend title XVIII of the Shelf leasing program for fiscal years 2012– guards and standards of quality for re- Social Security Act to improve operations of 2017, to revise the map for the Mid-Atlantic search and transplantation of organs recovery auditors under the Medicare integ- planning area, and for other purposes; to the infected with human immuno- rity program, to increase transparency and Committee on Energy and Natural Re- deficiency virus (HIV). accuracy in audits conducted by contractors, sources. S. 382 and for other purposes; to the Committee on By Mr. MURPHY (for himself and Mr. At the request of Mr. SCHUMER, the Finance. BLUMENTHAL): By Mr. CORNYN: S. 1025. A bill to provide financial assist- names of the Senator from California S. 1013. A bill to amend title 35, United ance for school construction after a violent (Mrs. BOXER), the Senator from New States Code, to add procedural requirements or traumatic crisis; to the Committee on York (Mrs. GILLIBRAND) and the Sen- for patent infringement suits; to the Com- Health, Education, Labor, and Pensions. ator from Connecticut (Mr. mittee on the Judiciary. By Mr. KIRK: BLUMENTHAL) were added as cosponsors By Mr. UDALL of New Mexico (for S. 1026. A bill to assist survivors of stroke of S. 382, a bill to amend title XVIII of himself and Mr. ROCKEFELLER): in returning to work; to the Committee on the Social Security Act to allow physi- S. 1014. A bill to reduce sports-related con- Health, Education, Labor, and Pensions. cian assistants, nurse practitioners, cussions in youth, and for other purposes; to By Mr. KIRK (for himself and Mr. the Committee on Commerce, Science, and JOHNSON of South Dakota): and clinical nurse specialists to super- Transportation. S. 1027. A bill to improve, coordinate, and vise cardiac, intensive cardiac, and pul- By Mr. CASEY (for himself and Mr. enhance rehabilitation research at the Na- monary rehabilitation programs. RUBIO): tional Institutes of Health; to the Com- S. 403 S. 1015. A bill to amend the Internal Rev- mittee on Health, Education, Labor, and At the request of Mr. CASEY, the enue Code of 1986 to allow credits for the pur- Pensions. name of the Senator from Florida (Mr. chase of franchises by veterans; to the Com- f mittee on Finance. NELSON) was added as a cosponsor of S. By Mr. PAUL: SUBMISSION OF CONCURRENT AND 403, a bill to amend the Elementary S. 1016. A bill to protect individual privacy SENATE RESOLUTIONS and Secondary Education Act of 1965 to against unwarranted governmental intrusion The following concurrent resolutions address and take action to prevent bul- through the use of the unmanned aerial vehi- lying and harassment of students. cles commonly called drones, and for other and Senate resolutions were read, and S. 557 purposes; to the Committee on the Judici- referred (or acted upon), as indicated: ary. By Mr. COWAN: At the request of Mrs. HAGAN, the By Mr. UDALL of Colorado (for himself S. Res. 152. A resolution designating No- name of the Senator from Illinois (Mr. and Ms. COLLINS): vember 28, 2013, as ‘‘National KIRK) was added as a cosponsor of S. S. 1017. A bill to permit flexibility in the Holoprosencephaly Awareness Day’’ to in- 557, a bill to amend title XVIII of the application of the budget sequester by Fed- crease awareness and education of the dis- Social Security Act to improve access eral agencies; to the Committee on the Budg- order; to the Committee on Health, Edu- to medication therapy management et. cation, Labor, and Pensions. under part D of the Medicare program. By Mr. SANDERS (for himself, Mrs. f BOXER, and Mr. BEGICH): S. 562 S. 1018. A bill to restrict conflicts of inter- ADDITIONAL COSPONSORS At the request of Mr. WYDEN, the est on the boards of directors of Federal re- S. 210 names of the Senator from California serve banks, and for other purposes; to the (Mrs. BOXER) and the Senator from Illi- Committee on Banking, Housing, and Urban At the request of Mr. JOHANNS, his Affairs. name was added as a cosponsor of S. nois (Mr. DURBIN) were added as co- By Mr. BLUMENTHAL (for himself, 210, a bill to amend title 18, United sponsors of S. 562, a bill to amend title Mr. BEGICH, Mr. CASEY, Mr. WHITE- States Code, with respect to fraudulent XVIII of the Social Security Act to HOUSE, Mr. FRANKEN, and Mr. ROCKE- representations about having received provide for the coverage of marriage FELLER): military declarations or medals. and family therapist services and men- S. 1019. A bill to amend the Older Ameri- S. 316 tal health counselor services under cans Act of 1965 to authorize Federal assist- At the request of Mr. SANDERS, the part B of the Medicare program, and ance to State adult protective services pro- for other purposes. grams, and for other purposes; to the Com- name of the Senator from Connecticut mittee on Health, Education, Labor, and (Mr. MURPHY) was added as a cosponsor S. 569 Pensions. of S. 316, a bill to recalculate and re- At the request of Mr. BROWN, the By Mr. HOEVEN (for himself and Mr. store retirement annuity obligations of name of the Senator from California MANCHIN): the United States Postal Service, to (Mrs. BOXER) was added as a cosponsor S. 1020. A bill to improve energy perform- of S. 569, a bill to amend title XVIII of ance in Federal buildings, and for other pur- eliminate the requirement that the poses; to the Committee on Environment and United States Postal Service prefund the Social Security Act to count a pe- Public Works. the Postal Service Retiree Health Ben- riod of receipt of outpatient observa- By Mrs. SHAHEEN: efits Fund, to place restrictions on the tion services in a hospital toward satis- S. 1021. A bill to provide for a Next Genera- closure of postal facilities, to create in- fying the 3-day inpatient hospital re- tion Cooperative Threat Reduction Strategy, centives for innovation for the United quirement for coverage of skilled nurs- and for other purposes; to the Committee on States Postal Service, to maintain lev- ing facility services under Medicare. Foreign Relations. els of postal service, and for other pur- S. 579 By Mr. BROWN (for himself, Mr. PORTMAN, Ms. LANDRIEU, and Mr. poses. At the request of Mr. MENENDEZ, the VITTER): S. 323 name of the Senator from Texas (Mr. S. 1022. A bill to amend title 46, United At the request of Mr. DURBIN, the CRUZ) was added as a cosponsor of S. States Code, to extend the exemption from names of the Senator from New York 579, a bill to direct the Secretary of the fire-retardant materials construction re- (Mrs. GILLIBRAND) and the Senator State to develop a strategy to obtain quirement for vessels operating within the from Rhode Island (Mr. WHITEHOUSE) observer status for Taiwan at the tri- Boundary Line; to the Committee on Com- merce, Science, and Transportation. were added as cosponsors of S. 323, a ennial International Civil Aviation Or- By Mr. CORKER (for himself, Ms. KLO- bill to amend title XVIII of the Social ganization Assembly, and for other BUCHAR, Mr. BLUNT, and Mrs. HAGAN): Security Act to provide for extended purposes. S. 1023. A bill to direct the Secretary of months of Medicare coverage of im- S. 596 Commerce, in coordination with the heads of munosuppressive drugs for kidney At the request of Mr. THUNE, the other relevant Federal departments and transplant patients and other renal di- name of the Senator from Kansas (Mr. agencies, to conduct an interagency review alysis provisions. of and report on ways to increase the com- MORAN) was added as a cosponsor of S. petitiveness of the United States in attract- S. 330 596, a bill to establish pilot projects ing foreign investment; to the Committee on At the request of Mrs. BOXER, the under the Medicare program to provide Commerce, Science, and Transportation. name of the Senator from Missouri incentives for home health agencies to

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.016 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3762 CONGRESSIONAL RECORD — SENATE May 22, 2013 furnish remote patient monitoring S. 842 vania (Mr. CASEY) was added as a co- services that reduce expenditures At the request of Mr. SCHUMER, the sponsor of S. 960, a bill to foster sta- under such program. name of the Senator from Minnesota bility in Syria, and for other purposes. S. 653 (Ms. KLOBUCHAR) was added as a co- S. 961 At the request of Mr. BLUNT, the sponsor of S. 842, a bill to amend title At the request of Mr. BLUNT, the name of the Senator from Florida (Mr. XVIII of the Social Security Act to name of the Senator from Illinois (Mr. RUBIO) was added as a cosponsor of S. provide for an extension of the Medi- KIRK) was added as a cosponsor of S. 653, a bill to provide for the establish- care-dependent hospital (MDH) pro- 961, a bill to improve access to emer- ment of the Special Envoy to Promote gram and the increased payments gency medical services, and for other Religious Freedom of Religious Minori- under the Medicare low-volume hos- purposes. ties in the Near East and South Cen- pital program. S. 962 tral Asia. S. 865 At the request of Mr. HELLER, the S. 674 At the request of Mr. WHITEHOUSE, name of the Senator from Utah (Mr. At the request of Mr. HELLER, the the name of the Senator from Massa- LEE) was added as a cosponsor of S. 962, name of the Senator from Texas (Mr. chusetts (Ms. WARREN) was added as a a bill to prohibit amounts made avail- CRUZ) was added as a cosponsor of S. cosponsor of S. 865, a bill to provide for able by the Patient Protection and Af- 674, a bill to require prompt responses the establishment of a Commission to fordable Care Act and the Health Care from the heads of covered Federal Accelerate the End of Breast Cancer. and Education Reconciliation Act of agencies when the Secretary of Vet- S. 871 2010 from being transferred to the In- erans Affairs requests information nec- At the request of Mrs. MURRAY, the ternal Revenue Service for implemen- essary to adjudicate claims for benefits name of the Senator from Massachu- tation of such Acts. under laws administered by the Sec- setts (Ms. WARREN) was added as a co- S. 965 retary, and for other purposes. sponsor of S. 871, a bill to amend title At the request of Mr. INHOFE, the S. 731 10, United States Code, to enhance as- name of the Senator from Texas (Mr. At the request of Mr. MANCHIN, the sistance for victims of sexual assault CRUZ) was added as a cosponsor of S. names of the Senator from Maine (Mr. committed by members of the Armed 965, a bill to eliminate oil exports from KING) and the Senator from New Hamp- Forces, and for other purposes. Iran by expanding domestic produc- shire (Ms. AYOTTE) were added as co- S. 917 tion. sponsors of S. 731, a bill to require the At the request of Mr. CARDIN, the S. 967 Board of Governors of the Federal Re- name of the Senator from Alaska (Ms. At the request of Mrs. GILLIBRAND, serve System, the Federal Deposit In- MURKOWSKI) was added as a cosponsor the names of the Senator from Alaska surance Corporation, and the Office of of S. 917, a bill to amend the Internal (Ms. MURKOWSKI) and the Senator from the Comptroller of the Currency to Revenue Code of 1986 to provide a re- Massachusetts (Ms. WARREN) were conduct an empirical impact study on duced rate of excise tax on beer pro- added as cosponsors of S. 967, a bill to proposed rules relating to the Inter- duced domestically by certain quali- amend title 10, United States Code, to national Basel III agreement on gen- fying producers. modify various authorities relating to eral risk-based capital requirements, S 928 procedures for courts-martial under as they apply to community banks. . At the request of Mr. SANDERS, the the Uniform Code of Military Justice, S. 749 name of the Senator from Montana and for other purposes. At the request of Mr. CASEY, the name of the Senator from Maine (Mr. (Mr. TESTER) was added as a cosponsor S. 987 of S. 928, a bill to amend title 38, KING) was added as a cosponsor of S. At the request of Mr. SCHUMER, the 749, a bill to amend the Internal Rev- United States Code, to improve the names of the Senator from New Hamp- enue Code of 1986 to permanently ex- processing of claims for compensation shire (Ms. AYOTTE) and the Senator tend the 15-year recovery period for under laws administered by the Sec- from Georgia (Mr. ISAKSON) were added qualified leasehold improvement prop- retary of Veterans Affairs, and for as cosponsors of S. 987, a bill to main- erty, qualified restaurant property, and other purposes. tain the free flow of information to the qualified retail improvement property. S. 951 public by providing conditions for the federally compelled disclosure of infor- S. 789 At the request of Mr. ENZI, the name mation by certain persons connected At the request of Mr. BAUCUS, the of the Senator from Utah (Mr. LEE) was names of the Senator from Hawaii (Ms. added as a cosponsor of S. 951, a bill to with the news media. HIRONO), the Senator from South Da- amend the Mineral Leasing Act to re- S. 992 kota (Mr. THUNE), the Senator from quire the Secretary of the Interior to At the request of Mrs. SHAHEEN, the New York (Mr. SCHUMER), the Senator convey to a State all right, title, and name of the Senator from Texas (Mr. from Connecticut (Mr. MURPHY) and interest in and to a percentage of the CORNYN) was added as a cosponsor of S. the Senator from Utah (Mr. HATCH) amount of royalties and other amounts 992, a bill to provide for offices on sex- were added as cosponsors of S. 789, a required to be paid to the State under ual assault prevention and response bill to grant the Congressional Gold that Act with respect to public land under the Chiefs of Staff of the Armed Medal, collectively, to the First Spe- and deposits in the State, and for other Forces, to require reports on additional cial Service Force, in recognition of its purposes. offices and selection of sexual assault superior service during World War II. S. 953 prevention and response personnel, and S. 815 At the request of Mr. REED, the name for other purposes. At the request of Mr. MERKLEY, the of the Senator from Hawaii (Mr. S. 996 name of the Senator from Montana SCHATZ) was added as a cosponsor of S. At the request of Ms. LANDRIEU, the (Mr. TESTER) was added as a cosponsor 953, a bill to amend the Higher Edu- names of the Senator from New York of S. 815, a bill to prohibit the employ- cation Act of 1965 to extend the re- (Mr. SCHUMER) and the Senator from ment discrimination on the basis of duced interest rate for undergraduate New York (Mrs. GILLIBRAND) were sexual orientation or gender identity. Federal Direct Stafford Loans, to mod- added as cosponsors of S. 996, a bill to S. 837 ify required distribution rules for pen- improve the National Flood Insurance At the request of Mr. HARKIN, the sion plans, to limit earnings stripping Program, and for other purposes. names of the Senator from Wisconsin by expatriated entities, to provide for S. 999 (Ms. BALDWIN) and the Senator from modifications related to the Oil Spill At the request of Mr. CARDIN, the Maine (Mr. KING) were added as cospon- Liability Trust Fund, and for other name of the Senator from California sors of S. 837, a bill to expand and im- purposes. (Mrs. BOXER) was added as a cosponsor prove opportunities for beginning farm- S. 960 of S. 999, a bill to amend the Older ers and ranchers, and for other pur- At the request of Mr. MENENDEZ, the Americans Act of 1965 to provide social poses. name of the Senator from Pennsyl- service agencies with the resources to

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.019 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3763 provide services to meet the urgent AMENDMENT NO. 992 grown in the State, cut by local needs of Holocaust survivors to age in At the request of Mr. FRANKEN, the loggers, processed into pellets in local place with dignity, comfort, security, name of the Senator from Missouri mills, then purchased and used to heat and quality of life. (Mr. BLUNT) was added as a cosponsor local homes. Nearly every single heat- S. 1001 of amendment No. 992 proposed to S. ing dollar stays within the local econ- At the request of Mr. CORNYN, the 954, an original bill to reauthorize agri- omy. This supports good-paying jobs, names of the Senator from Ohio (Mr. cultural programs through 2018. working, productive forests, and it PORTMAN) and the Senator from Utah AMENDMENT NO. 998 helps move the country toward energy (Mr. LEE) were added as cosponsors of At the request of Mr. LEAHY, the independence. S. 1001, a bill to impose sanctions with name of the Senator from Vermont We are not talking about traditional respect to the Government of Iran. (Mr. SANDERS) was added as a cospon- woodstoves here. These are highly in- AMENDMENT NO. 934 sor of amendment No. 998 proposed to novative, clean-burning systems that At the request of Mr. BEGICH, the S. 954, an original bill to reauthorize are simple to run. They can even be in- name of the Senator from Washington agricultural programs through 2018. tegrated with your smart phone so you can turn the heat up on your way home (Ms. CANTWELL) was added as a cospon- AMENDMENT NO. 1011 from work. sor of amendment No. 934 intended to At the request of Mr. GRASSLEY, the In addition, thermal biomass sys- be proposed to S. 954, an original bill to names of the Senator from Nebraska tems—particularly wood pellet boil- reauthorize agricultural programs (Mrs. FISCHER) and the Senator from ers—have very small carbon footprints. through 2018. Idaho (Mr. RISCH) were added as co- New trees are planted to replace the AMENDMENT NO. 939 sponsors of amendment No. 1011 in- trees processed into pellets. These new At the request of Mrs. GILLIBRAND, tended to be proposed to S. 954, an trees capture the carbon released by the names of the Senator from New original bill to reauthorize agricultural the pellets. Compared to fossil fuels, Jersey (Mr. LAUTENBERG) and the Sen- programs through 2018. such as home heating oil, this yields an ator from Illinois (Mr. KIRK) were At the request of Mr. JOHANNS, his extremely small carbon footprint. added as cosponsors of amendment No. name was added as a cosponsor of I am excited to offer this legislation 939 intended to be proposed to S. 954, an amendment No. 1011 intended to be pro- and to be joined by Senator COLLINS. original bill to reauthorize agricultural posed to S. 954, supra. programs through 2018. This bill could greatly benefit any AMENDMENT NO. 1030 AMENDMENT NO. 940 State with a strong forestry industry At the request of Mr. WHITEHOUSE, but also States with industries that At the request of Mrs. GILLIBRAND, the name of the Senator from Massa- the names of the Senator from Con- turn agricultural waste and nonfood chusetts (Ms. WARREN) was added as a necticut (Mr. BLUMENTHAL) and the stock plants into thermal biomass cosponsor of amendment No. 1030 in- fuels. I look forward to working with Senator from Massachusetts (Mr. tended to be proposed to S. 954, an COWAN) were added as cosponsors of colleagues from around the country to original bill to reauthorize agricultural level the playing field for the biomass amendment No. 940 intended to be pro- programs through 2018. posed to S. 954, an original bill to reau- industry. thorize agricultural programs through f Let us work together to keep our en- 2018. STATEMENTS ON INTRODUCED ergy dollars here at home and create jobs in our backyard. AMENDMENT NO. 961 BILLS AND JOINT RESOLUTIONS At the request of Mr. INHOFE, the By Mr. KING (for himself and Ms. By Mr. CORNYN: name of the Senator from Louisiana COLLINS): S. 1013. A bill to amend title 35, (Mr. VITTER) was added as a cosponsor S. 1007. A bill to amend the Internal United States Code, to add procedural of amendment No. 961 intended to be Revenue Code of 1986 to include bio- requirements for patent infringement proposed to S. 954, an original bill to mass heating appliances for tax credits suits; to the Committee on the Judici- reauthorize agricultural programs available for energy-efficient building ary. through 2018. property and energy property; to the Mr. CORNYN. Mr. President, I ask AMENDMENT NO. 965 Committee on Finance. unanimous consent that the text of the At the request of Mr. SANDERS, the Mr. KING. Mr. President, I rise today bill be printed in the RECORD. name of the Senator from Connecticut in support of energy innovation, energy There being no objection, the text of (Mr. BLUMENTHAL) was added as a co- independence, national security, and the bill was ordered to be printed in sponsor of amendment No. 965 proposed local economies. the RECORD, as follows: to S. 954, an original bill to reauthorize The legislation I am introducing, the S. 1013 agricultural programs through 2018. Biomass Thermal Utilization Act of Be it enacted by the Senate and House of Rep- AMENDMENT NO. 966 2013—known as the BTU Act—would resentatives of the United States of America in At the request of Mr. FRANKEN, the give tax parity to biomass heating sys- Congress assembled, name of the Senator from Iowa (Mr. tems under sections 25d and 48 of the SECTION 1. SHORT TITLE. HARKIN) was added as a cosponsor of Internal Revenue Code and would help This Act may be cited as the ‘‘Patent amendment No. 966 intended to be pro- to encourage a very promising indus- Abuse Reduction Act of 2013’’. posed to S. 954, an original bill to reau- try. SEC. 2. PLEADING REQUIREMENTS. thorize agricultural programs through By adding biomass heating systems (a) IN GENERAL.—Chapter 29 of title 35, 2018. to the eligible renewable technologies United States Code, is amended by inserting after section 281 the following: AMENDMENT NO. 971 for residential and commercial tax At the request of Mr. TESTER, the credits, we can help make clean, home- ‘‘§ 281A. Pleading requirements for patent in- fringement actions name of the Senator from South Da- grown heating more cost effective for ‘‘In a civil action arising under any Act of kota (Mr. JOHNSON) was added as a co- hard-working Americans. Congress relating to patents, a party alleg- sponsor of amendment No. 971 intended By way of example, Maine has the ing infringement shall include in the initial to be proposed to S. 954, an original bill highest home heating oil dependence of complaint, counterclaim, or cross-claim for to reauthorize agricultural programs any State in the country—and nearly patent infringement— through 2018. 80 cents of every $1 spent on heating oil ‘‘(1) an identification of each patent alleg- AMENDMENT NO. 986 goes out of State. Much of this money edly infringed; At the request of Mr. CASEY, the also leaves the country and goes to na- ‘‘(2) an identification of each claim of each name of the Senator from Nebraska tions that are less than friendly with patent identified under paragraph (1) that is allegedly infringed; (Mr. JOHANNS) was added as a cospon- the U.S. Yet we have plenty of renew- ‘‘(3) for each claim identified under para- sor of amendment No. 986 intended to able heating sources here at home. graph (2), an identification of each accused be proposed to S. 954, an original bill to In Maine, wood pellet boilers are the apparatus, product, feature, device, method, reauthorize agricultural programs most widely used biomass heating sys- system, process, function, act, service, or through 2018. tems. Wood pellet boilers run on trees other instrumentality (referred to in this

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.021 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3764 CONGRESSIONAL RECORD — SENATE May 22, 2013 section as an ‘accused instrumentality’) al- sistent with the requirements under section ‘‘(A) the term ‘additional discovery’ means leged to infringe the claim; 281A of title 35, United States Code, as added discovery of evidence other than core docu- ‘‘(4) for each accused instrumentality iden- by subsection (a). mentary evidence; and tified under paragraph (3), an identification (d) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) the term ‘core documentary evidence’, with particularity, if known, of— this section or the amendments made by this with respect to a civil action arising under ‘‘(A) the name or model number of each ac- section shall be construed to alter existing any Act of Congress relating to patents— cused instrumentality; and law or rules relating to joinder. ‘‘(i) subject to clause (ii), includes only ‘‘(B) the name of each accused method, sys- SEC. 3. JOINDER OF INTERESTED PARTIES. documents that— tem, process, function, act, or service, or the Section 299 of title 35, United States Code, ‘‘(I) relate to the conception, reduction to name or model number of each apparatus, is amended by adding at the end the fol- practice, and application for the asserted product, feature, or device that, when used, lowing: patent; allegedly results in the practice of the ‘‘(d) JOINDER OF INTERESTED PARTIES.— ‘‘(II) are sufficient to show the technical claimed invention; ‘‘(1) DEFINITION.—In this subsection, the operation of the instrumentality identified ‘‘(5) for each accused instrumentality iden- term ‘interested party’, with respect to a in the complaint as infringing the asserted tified under paragraph (3), an explanation civil action arising under any Act of Con- patent; of— gress relating to patents— ‘‘(III) relate to potentially invalidating ‘‘(A) where each element of each asserted ‘‘(A) means a person described in para- prior art; claim identified under paragraph (2) is found graph (11) or (13) of section 281A; and ‘‘(IV) relate to previous licensing or con- within the accused instrumentality; ‘‘(B) does not include an attorney or law veyances of the asserted patent; ‘‘(B) whether each such element is in- firm providing legal representation in the ‘‘(V) are sufficient to show revenue attrib- fringed literally or under the doctrine of action if the sole basis for the financial in- utable to any claimed invention; equivalents; and terest of the attorney or law firm in the out- ‘‘(VI) are sufficient to show the organiza- ‘‘(C) with detailed specificity, how the come of the action arises from an agreement tional ownership and structure of each terms in each asserted claim identified under to provide that legal representation. party, including identification of any person paragraph (2) correspond to the functionality ‘‘(2) JOINDER OF INTERESTED PARTIES.—In a that has a financial interest in the asserted of the accused instrumentality; civil action arising under any Act of Con- patent; ‘‘(6) for each claim that is alleged to have gress relating to patents, the court shall ‘‘(VII) relate to awareness of the asserted been infringed indirectly, a description of— grant a motion by a party defending an in- patent or claim, or the infringement, before ‘‘(A) the direct infringement; fringement claim to join an interested party the action was filed; and ‘‘(B) any person alleged to be a direct in- if the defending party shows that the inter- ‘‘(VIII) sufficient to show any marking, fringer known to the party alleging infringe- est of the plaintiff in any patent identified in lack of marking, or notice of the asserted ment; and the complaint, including a claim asserted in patent provided to the accused infringer; and ‘‘(C) the acts of the alleged indirect in- the complaint, is limited primarily to assert- ‘‘(ii) does not include computer code or fringer that contribute to or are inducing ing any such patent claim in litigation. electronic communication, such as e-mail, the direct infringement; ‘‘(3) LIMITATION ON JOINDER.—The court text messages, instant messaging, and other ‘‘(7) a description of the right of the party may deny a motion to join an interested forms of electronic communication, unless alleging infringement to assert each— party under paragraph (2) if— the court finds good cause for including such ‘‘(A) patent identified under paragraph (1); ‘‘(A) the interested party is not subject to computer code or electronic communication and service of process; or as core documentary evidence of a particular ‘‘(B) patent claim identified in paragraph ‘‘(B) joinder under paragraph (2) would de- party under clause (i). (2); prive the court of subject matter jurisdiction ‘‘(2) DISCOVERY SEQUENCE AND SCOPE.—In a ‘‘(8) a description of the principal business or make venue improper.’’. civil action arising under any Act of Con- of the party alleging infringement; SEC. 4. DISCOVERY LIMITS. gress relating to patents, the parties shall ‘‘(9) a list of each complaint filed, of which (a) IN GENERAL.—Chapter 29 of title 35, discuss and address in the written report the party alleging infringement has knowl- United States Code, is amended by adding at filed under rule 26(f)(2) of the Federal Rules edge, that asserts or asserted any of the pat- the end the following: of Civil Procedure the views and proposals of ents identified under paragraph (1); ‘‘§ 300. Discovery in patent infringement suits the parties on— ‘‘(10) for each patent identified under para- ‘‘(a) DISCOVERY LIMITATION PRIOR TO CLAIM ‘‘(A) when the discovery of core documen- graph (1), whether such patent is subject to CONSTRUCTION.— tary evidence should be completed; any licensing term or pricing commitments ‘‘(1) IN GENERAL.—Except as provided in ‘‘(B) whether the parties will seek addi- through any agency, organization, standard- paragraph (2), in a civil action arising under tional discovery under paragraph (3); and setting body, or other entity or community; any Act of Congress relating to patents, if ‘‘(C) any issues relating to infringement, ‘‘(11) the identity of any person other than the court determines that a ruling relating invalidity, or damages that, if resolved be- the party alleging infringement, known to to the construction of terms used in a patent fore the additional discovery described in the party alleging infringement, who— claim asserted in the complaint is required, paragraph (3) commences, will simplify or ‘‘(A) owns or co-owns a patent identified discovery shall be limited, until such ruling, streamline the case, including the identifica- under paragraph (1); to information necessary for the court to de- tion of any key patent claim terms or ‘‘(B) is the assignee of a patent identified termine the meaning of the terms used in phrases to be construed by the court and under paragraph (1); or the patent claim, including any interpreta- whether the early construction of any of ‘‘(C) is an exclusive licensee to a patent tion of those terms used to support the claim those terms or phrases would be helpful. identified under paragraph (1); of infringement. ‘‘(3) DISCOVERY COST-SHIFTING.— ‘‘(12) the identity of any person other than ‘‘(2) DISCRETION TO EXPAND SCOPE OF DIS- ‘‘(A) IN GENERAL.—In a civil action arising the party alleging infringement, known to COVERY.— under any Act of Congress relating to pat- the party alleging infringement, who has a ‘‘(A) TIMELY RESOLUTION OF ACTIONS.—If, ents, each party shall be responsible for the legal right to enforce a patent identified under any provision of Federal law (includ- costs of producing core documentary evi- under paragraph (1) through a civil action ing the Drug Price Competition and Patent dence within the possession, custody, or con- under any Act of Congress relating to pat- Term Restoration Act (Public Law 98–417)), trol of that party. ents or is licensed under such patent; resolution within a specified period of time ‘‘(B) ADDITIONAL DISCOVERY.— ‘‘(13) the identity of any person with a di- of a civil action arising under any Act of ‘‘(i) IN GENERAL.—A party to a civil action rect financial interest in the outcome of the Congress relating to patents will have an arising under any Act of Congress relating to action, including a right to receive proceeds, automatic impact upon the rights of a party patents may seek additional discovery if the or any fixed or variable portion thereof; and with respect to the patent, the court may party bears the costs of the additional dis- ‘‘(14) a description of any agreement or permit discovery in addition to the discovery covery, including reasonable attorney’s fees. other legal basis for a financial interest de- authorized under paragraph (1) before the ‘‘(ii) REQUIREMENTS.—A party shall not be scribed in paragraph (13).’’. ruling described in paragraph (1) as nec- allowed additional discovery unless the (b) TECHNICAL AND CONFORMING AMEND- essary to ensure timely resolution of the ac- party— MENT.—The table of sections for chapter 29 of tion. ‘‘(I) at the time that such party seeks addi- title 35, United States Code, is amended by ‘‘(B) RESOLUTION OF MOTIONS.—When nec- tional discovery, provides to the party from inserting after the item relating to section essary to resolve a motion properly raised by whom the additional discovery is sought 281 the following: a party before a ruling relating to the con- payment of the anticipated costs of the dis- ‘‘281A. Pleading requirements for patent in- struction of terms (as described in paragraph covery; or fringement actions.’’. (1)), the court may allow limited discovery ‘‘(II) posts a bond in an amount sufficient (c) REVIEW OF FORM 18.—Not later than 12 in addition to the discovery authorized under to cover the anticipated costs of the dis- months after the date of enactment of this paragraph (1) as necessary to resolve the mo- covery. Act, the Supreme Court shall review and tion. ‘‘(C) RULES OF CONSTRUCTION.—Nothing in amend Form 18 of the Federal Rules of Civil ‘‘(b) SEQUENCE AND SCOPE; COST-SHIFTING.— subparagraph (A) or (B) shall be construed Procedure to ensure that Form 18 is con- ‘‘(1) DEFINITIONS.—In this subsection— to—

VerDate Mar 15 2010 04:11 May 23, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.024 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3765 ‘‘(i) entitle a party to information not oth- but the damage is there in the very new safety standards for sports equip- erwise discoverable under the Federal Rules place that houses our minds and for ment if manufacturers fail to come up of Civil Procedure or any other applicable our children their future. with their own. rule or order; Most susceptible are our young ath- The legislation—I am happy to say— ‘‘(ii) require a party to produce privileged letes, whose bodies and brains are still matter or other discovery otherwise limited has the strong support of major sports under the Federal Rules of Civil Procedure; growing, with each concussion increas- leagues and players associations. Pedi- or ing the likelihood of suffering yet an- atricians, scientists, and consumer ‘‘(iii) prohibit a court from— other. This past school year alone, groups have endorsed it, too. Our ath- ‘‘(I) determining that a request for dis- more than 300,000 of our high school letes, whether peewee or professional, covery is excessive, irrelevant, or otherwise athletes were diagnosed with concus- whether under the lights or on the abusive; or sions. Since 2005, over 1.3 million con- pitch, inspire and bring Americans to- ‘‘(II) setting other limits on discovery.’’. cussions have been diagnosed among gether, and their efforts to help pass SEC. 5. COSTS AND EXPENSES. high school athletes in just the top this sensible bill will surely garner the (a) IN GENERAL.—Section 285 of title 35, United States Code, is amended to read as nine most common sports. However, re- appreciation of present and future ath- follows: searchers say these figures likely un- letes to come. ‘‘§ 285. Costs and expenses derestimate—vastly—the true extent of This fall, some 3 million children ‘‘(a) IN GENERAL.—The court shall award to the epidemic because so many head in- under the age of 14 will don their pads the prevailing party reasonable costs and ex- juries go unreported or ignored. And and snap on their helmets to play tack- penses, including attorney’s fees, unless— when a concussion occurs, few ever lose le football. For a sport so important— ‘‘(1) the position and conduct of the non- consciousness, and the telltale signs and for lives so precious—to our coun- prevailing party were objectively reasonable can seem minor in the immediate try, let us make sure we act as soon as and substantially justified; or aftermath. It is only later on, perhaps we can. The lessons imparted and the ‘‘(2) exceptional circumstances make such the next day or weeks thereafter, when fitness gained on the field are moot an award unjust. the consequences become clearer and without the health of our children. ‘‘(b) PROHIBITION ON CONSIDERATION OF CER- TAIN SETTLEMENTS.—In determining whether more alarming. an exception under paragraph (1) or (2) of The urgency to act only grows the By Mrs. SHAHEEN: subsection (a) applies, the court shall not more we learn about brain injuries. S. 1021. A bill to provide for a Next consider as evidence any license taken in Concussions aren’t minor bumps and Generation Cooperative Threat Reduc- settlement of an asserted claim. dings. They aren’t something kids tion Strategy, and for other purposes; ‘‘(c) RECOVERY.—If the non-prevailing should just ‘‘play through,’’ as some to the Committee on Foreign Rela- party is unable to pay reasonable costs and coaches advise. They are injuries to the tions. expenses awarded by the court under sub- brain that animate our very existence, Mrs. SHAHEEN. Mr. President, I rise section (a), the court may make the reason- today to discuss the threat posed by able costs and expenses recoverable against and they can impair their cognitive any interested party, as defined in section abilities just when our children need a the proliferation of weapons of mass 299(d).’’. good head on their shoulders. And we, destruction around the globe and to in- (b) TECHNICAL AND CONFORMING AMEND- as a society, have already seen the po- troduce legislation aimed at modern- MENTS.— tential tragedies that repeated concus- izing the way the United States ad- (1) TABLE OF SECTIONS.—The table of sec- sions can bring to athletes—their limbs dresses this critical national security tions for chapter 29 of title 35, United States paralyzed or their lives cut short by challenge. My bill, the Next Generation Code, is amended by striking the item relat- the inner demons the injuries eventu- Cooperative Threat Reduction Act of ing to section 285 and inserting the fol- 2013, requires the President to establish lowing: ally bear. a multi-year comprehensive and well- ‘‘285. Costs and expenses.’’. The role of sports, and all of its in- nate benefits, is an important part of resourced regional assistance strategy (2) CONFORMING AMENDMENTS.—Chapter 29 to coordinate and advance cooperative of title 35, United States Code, is amended— growing up in America. They teach us (A) in section 271(e)(4), in the flush text fol- lessons that can’t be taught in the threat reduction and related non- lowing subparagraph (D), by striking ‘‘attor- classroom, they make us healthier, and proliferation efforts in one of the most ney fees’’ and inserting ‘‘reasonable costs they show us the value of teamwork, critical regions to U.S. national secu- and expenses, including attorney’s fees,’’; grit, and responsibility. But the perva- rity interests: the Middle East and (B) in section 273(f), by striking ‘‘attorney siveness of concussions and their ef- North Africa. fees’’ and inserting ‘‘reasonable costs and ex- fects, particularly among children, Fifty years ago, in 1963, President penses, including attorney’s fees,’’; and should no longer be disregarded. And, Kennedy famously said that he was (C) in section 296(b), by striking ‘‘attorney ‘‘haunted’’ by the possibility that the fees’’ and inserting ‘‘reasonable costs and ex- as policymakers and parents, we must penses (including attorney’s fees)’’. ensure that we are doing everything we United States could soon face a rapidly can to learn more and safeguard our growing number of nuclear powers in By Mr. UDALL of New Mexico kids and athletes. our world. At the time, he predicted (for himself and Mr. ROCKE- Senator TOM UDALL and I are proud that by 1975, there could be as many as FELLER): to introduce the Youth Sports Concus- twenty countries with nuclear weap- S. 1014. A bill to reduce sports-related sion Act, which will help ensure that ons. However, thanks to strong, for- concussions in youth, and for other protective sports equipment take heed ward-thinking and innovative Amer- purposes; to the Committee on Com- of the latest science and are not sold ican leadership on the nonproliferation merce, Science, and Transportation. based on false or deceptive premises. agenda, including efforts like the Non- Mr. ROCKEFELLER. Mr. President, As chairman of the Committee on proliferation Treaty and the Nunn- as parents, we can see the scrapes and Commerce, Science, and Transpor- Lugar program, we have so far averted cuts our children get—the unavoidable tation, we have already revealed and Kennedy’s nuclear nightmare. byproducts of growing up. A little bit investigated bad actors who peddle Recent WMD-related developments, of ointment and some bandages usually products with false safety claims to including Syria’s chemical weapons do the trick. But what of the injuries parents of young athletes. Under this stockpile and Iran’s nuclear program, we can’t see? The ones we can’t readily legislation, the Federal Trade Commis- have begun to test the limits of our tell, no matter how well we know our sion would be able to go after them nonproliferation regime. I am afraid we kids. with greater force and ensure this prac- may be quickly reaching an important Each year, as many as 3.8 million tice comes to an end. crossroads—one where we either prove Americans suffer sports- and recre- This bill would also direct the Con- President Kennedy wrong for a little ation-related brain injuries. Some are sumer Product Safety Commission to while longer, or find out that his night- horrific, deadly, and visible to the review a forthcoming study from the mare prediction was simply a half-cen- naked eye. But the vast majority are National Academies of Science on tury too soon. concussions caused by an awkward hit, youth concussions. Based on the As WMD-related materials and know- a freak fall, or a routine blow to the study’s recommendations, the CPSC how continue to spread, the challenge head on the field. They cannot be seen, would then be permitted to consider of WMD proliferation is getting more

VerDate Mar 15 2010 04:58 May 23, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.024 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3766 CONGRESSIONAL RECORD — SENATE May 22, 2013 diffuse and harder to track. Our focus warheads, as well as the destruction of its Arab Network of Nuclear Regu- and our resource commitment need to over 1,400 intercontinental ballistic lators; Supporting, enhancing, or build- match the severity of this emerging missiles and almost 40,000 metric tons ing upon previous multilateral initia- threat. Now is the time for us to re- of chemical weapon agents. Because of tives, including the Group of Eight’s commit to an aggressive nonprolifera- Nunn-Lugar, Ukraine, Kazakhstan, and Global Partnership Against the Spread tion agenda and to demonstrate to the Belarus are nuclear weapons free and of Weapons and Materials of Mass De- world that the U.S. will continue to Albania is chemical weapons free. struction or the White House-led Nu- lead in curbing the threat posed by nu- The principles of Nunn-Lugar can clear Security Summits in 2010 and 2012 clear, chemical and biological weapons and should be more fully translated to more fully incorporate and include around the world. into the Middle East and North Africa. countries of the Middle East and North We should start in one of the most Congress has long supported expanding Africa region; Encouraging countries dangerous, most unstable regions in CTR into the Middle East, but it was to adopt and adhere to the IAEA Addi- the world today: the Middle East and only last fall that the Administration tional Protocol; Promoting and sup- North Africa. finally completed the bureaucratic porting WMD-related regional con- Nowhere is the proliferation chal- changes necessary to more robustly en- fidence-building measures and Track lenge more glaring than in the coun- gage in this region. Two regional dialogues on non- tries of the Middle East and North Af- It is time we expand and ramp up our proliferation and related issues; Work- rica, where political instability and CTR efforts to prevent the potential ing collaboratively with businesses, deeply-rooted violent extremism sit proliferation of WMD-related weapons, foundations, universities, think tanks atop a complex web of ethnic dif- technologies, materials, and know-how and other sectors, including the possi- ferences, a history of violence and ex- in this difficult and volatile part of the bility of prizes and challenges to spur tremism, robust military capabilities, world. That is why I am introducing innovation in achieving appropriate a growing collection of unsecured con- the Next Generation Cooperative Middle East and North Africa non- ventional and possible WMD-related Threat Reduction Act of 2013, which is proliferation objectives; Supporting weapons and a variety of inexperienced aimed at modernizing our CTR and and expanding successful existing Mid- and potentially unstable governments nonproliferation programs and expand- dle East and North Africa partnerships, brought into power by the Arab Spring. ing them more comprehensively including the Middle East Consortium Continued upheaval in Syria and the throughout this region. for Infectious Disease Surveillance; threat posed by the Assad regime’s sub- The bill calls for the President to de- Promoting the establishment of profes- stantial chemical weapons stockpile velop and implement a multi-year com- sional networks that foster voluntary pose a grave challenge to U.S. inter- prehensive regional assistance strategy regional interaction on weapons of ests. Iran’s continued illicit develop- to coordinate and advance CTR and mass destruction-related issues; or en- ment of its nuclear program and its nonproliferation in the Middle East hancing United States-Europe coopera- movement towards an advanced nu- and North Africa. The strategy re- tion on combating proliferation in the clear weapons capability threatens the quires an integrated, whole-of-govern- Middle East and North Africa region. U.S. and our allies and could lead to a ment commitment to building on the The threat posed by WMD-related nuclear arms race in the region. Ter- cooperative threat model demonstrated materials falling into the hands of ter- rorist groups like Hezbollah, Hamas, by Nunn-Lugar’s successes, the initi- rorists remains our greatest and and al Qaeda continue to operate ation of new CTR programs with newly gravest threat. As former Defense Sec- throughout the Middle East and North elected partners in the region, and retary Robert Gates said, ‘‘Every sen- Africa, and their direct ties to the Ira- plans to ensure burden-sharing and ior leader, when you’re asked what nian and Syrian regimes only exacer- leveraging of additional outside re- keeps you awake at night, it’s the bates the threat posed by these groups sources. thought of a terrorist ending up with a as they seek to acquire weapons of The bill allows for the support of in- weapon of mass destruction, especially mass destruction or know-how. novative and creative assistance pro- nuclear.’’ Add to these threats the fact that the grams aimed at enhancing the capacity To date, we have largely kept WMD Arab Spring and continued revolutions of governments in the region to pre- materials out of terrorists’ hands. Un- across the region have brought popu- vent, detect, and interdict illicit WMD- fortunately, however, being successful larly elected, yet untested govern- related trade. Activities could include: ‘‘to date’’ is not good enough. When it ments into power that possess minimal Encouraging and assisting with secu- comes to terrorism and WMD in our capability and very little experience in rity and destruction of chemical weap- world, the reality is that the inter- countering WMD proliferation. ons stockpiles; Promoting the adoption national community cannot afford to In the face of this growing and com- and implementation of enhanced and make a single mistake. We cannot be plex challenge, it is obvious that the comprehensive strategic trade control complacent because one miscalculation Middle East and North African region laws and strengthening export controls . . . one unprotected border . . . one represents the next generation of and border security, including mari- unsecured facility . . . could all lead to WMD-related tests for the United time security; Promoting government- a mushroom cloud somewhere in our States. Yet, our resources and our pro- to-government engagement among world. gramming are not getting ahead of the emerging political and public policy We need to remain vigilant, to think threat. In fact, the nonpartisan leaders, including the possibility of ahead, and to anticipate where the ‘‘Project on U.S. Middle East Non- training courses for parliamentarians next threats will come from and adapt proliferation Strategy’’ estimates that, and national technical advisors; Pro- to get ahead of it. excluding programs in Iraq, only two moting activities that seek to work That is why I would urge my col- percent of last year’s nonproliferation- with civil society organizations, media leagues in the Senate to take up and related programming, or approxi- representatives, and public diplomacy pass the Next Generation Cooperative mately $20,000,000 of an estimated officials to help develop a culture of Threat Reduction Act of 2013. We need $1,000,000,000, was spent in Middle East nonproliferation responsibility among to demonstrate that the United States and North Africa countries. the general public; The possible estab- will continue to lead the international Luckily for us, we have a successful lishment of nuclear, chemical, or bio- community in curbing the threat posed model for engagement on this issue logical security Centers of Excellence by WMD proliferation. My legislation that we can fall back on. Just over two in the Middle East; Supporting, en- does just that. I hope the Senate will decades ago, Senators Sam Nunn and hancing, or building upon regional non- support this important effort. Dick Lugar initiated what has proven proliferation programs and institutions Before yielding the floor, I want to to be one of the country’s most effec- already in place, including such multi- thank my colleagues in the U.S. Sen- tive foreign policy efforts. The Nunn- lateral initiatives as the December 2010 ate, the U.S. House of Representatives, Lugar Cooperative Threat Reduction, Gulf Cooperation Council conference at the White House and at the Depart- CTR, Program has led to the successful on the implementation of UNSCR 1540 ments of State and Defense who con- deactivation of well over 13,000 nuclear or the Arab Atomic Energy Agency and tributed to this legislation. I also want

VerDate Mar 15 2010 04:58 May 23, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.042 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3767 to give special thanks to the Co-Chairs (3) calls on the people of the United States, AMENDMENTS SUBMITTED AND of the Project on U.S. Middle East Non- interested groups, and affected persons— PROPOSED proliferation Strategy, including David (A) to promote awareness of HPE; (B) to take an active role in the fight to SA 1059. Mr. VITTER submitted an amend- Albright, Mark Dubowitz, Orde Kittrie, ment intended to be proposed by him to the Leonard Spector and Michael Yaffe, end the devastating effects of HPE; and (C) to observe ‘‘National Holoprosenceph- bill S. 954, to reauthorize agricultural pro- whose report, ‘‘U.S. Nonproliferation aly Awareness Day’’ with appropriate cere- grams through 2018; which was ordered to lie Strategy for the Changing Middle monies and activities. on the table. East,’’ served as the inspiration for SA 1060. Mr. BARRASSO (for himself and this legislation. Mr. COWAN. Mr. President, I would Mr. TOOMEY) submitted an amendment in- like to take the opportunity to discuss tended to be proposed by him to the bill S. f a rare birth defect of the brain, known 954, supra; which was ordered to lie on the SUBMITTED RESOLUTIONS as holoprosencephaly or HPE. table. SA 1061. Mr. COBURN (for himself, Mr. I became aware of this rare disorder DURBIN, and Mr. MCCAIN) submitted an SENATE RESOLUTION 152—DESIG- through the outreach of my con- amendment intended to be proposed by him NATING NOVEMBER 28, 2013, AS stituent, Angel Marie Kelley from Bel- to the bill S. 954, supra; which was ordered to ‘‘NATIONAL HOLOPROSENCEPH- lingham, MA. Angel has a child living lie on the table. ALY AWARENESS DAY’’ TO IN- with HPE and has become a resource to SA 1062. Mr. MERKLEY (for himself and Mr. WYDEN) submitted an amendment in- CREASE AWARENESS AND EDU- others in her community who are touched by this disorder. tended to be proposed by him to the bill S. CATION OF THE DISORDER 954, supra; which was ordered to lie on the Mr. COWAN submitted the following HPE occurs during the first few table. resolution; which was referred to the weeks of a pregnancy when the fetal SA 1063. Mrs. MURRAY submitted an Committee on Health, Education, brain does not sufficiently divide into amendment intended to be proposed by her Labor, and Pensions: two hemispheres, resulting in severe to the bill S. 954, supra; which was ordered to skull and facial defects. In most cases lie on the table. S. RES. 152 of HPE, the malformations are so se- SA 1064. Mr. PAUL submitted an amend- Whereas Holoprosencephaly (commonly vere that babies die before birth. In ment intended to be proposed by him to the known as ‘‘HPE’’) is a birth defect of the bill S. 954, supra; which was ordered to lie on brain in which the prosencephalon (also less severe cases, babies are born with the table. known as the ‘‘embryonic forebrain’’) does normal or near-normal brain develop- SA 1065. Mr. PAUL submitted an amend- not sufficiently develop into 2 hemispheres ment and facial deformities that may ment intended to be proposed by him to the resulting in a single-lobed brain structure affect the eyes, nose, and upper lip. bill S. 954, supra; which was ordered to lie on and severe skull and facial defects; HPE affects about 1 out of every 250 the table. Whereas in most cases of HPE, the mal- pregnancies during early embryo devel- SA 1066. Mr. PAUL submitted an amend- formations are so severe that babies die be- ment intended to be proposed by him to the fore birth; opment, with many of these preg- bill S. 954, supra; which was ordered to lie on Whereas in less severe cases of HPE, babies nancies ending in miscarriage. The dis- the table. are born with normal or near-normal brain order affects between 1 in 10,000 to 1 in SA 1067. Mr. PAUL submitted an amend- development and facial deformities that may 20,000 live births. ment intended to be proposed by him to the affect the eyes, nose, and upper lip; There is no cure or standard course bill S. 954, supra; which was ordered to lie on Whereas the 3 classifications of HPE that of treatment for HPE. The prognosis the table. vary in severity and impairment to cognitive for a child diagnosed with the disorder SA 1068. Mr. JOHANNS submitted an abilities are Alobar (in which the brain has amendment intended to be proposed by him not divided at all), Semilobar (in which the depends on the severity of the brain to the bill S. 954, supra; which was ordered to hemispheres of the brain have somewhat di- and facial malformations and associ- lie on the table. vided), and Lobar (in which there is consider- ated clinical complications. The most SA 1069. Mr. JOHANNS submitted an able evidence of separate brain hemispheres); severely affected children could live amendment intended to be proposed by him Whereas HPE affects approximatley 1 out several months or years and the least to the bill S. 954, supra; which was ordered to of every 250 pregnancies during early embryo affected children are capable of achiev- lie on the table. development, with many of those preg- ing a normal life span. Treatment is SA 1070. Mr. JOHANNS (for himself, Mr. nancies ending in miscarriage; THUNE, and Mr. ROBERTS) submitted an Whereas HPE affects 1 in 10,000-20,000 live symptomatic and supportive and must amendment intended to be proposed by him births; be individualized to each child’s unique to the bill S. 954, supra; which was ordered to Whereas the prognosis for a child diag- degree of malformations. lie on the table. nosed with HPE depends on the severity of I would like to recognize the ongoing SA 1071. Mr. FLAKE submitted an amend- the brain and facial malformations and asso- work of the Federal Government ment intended to be proposed by him to the ciated clinical complications, with the most through the National Institutes of bill S. 954, supra; which was ordered to lie on severely affected children living several the table. months or years and the least affected chil- Health, NIH, and the National Institute SA 1072. Mr. FLAKE submitted an amend- dren living a normal life span; of Neurological Disorders and Strokes, ment intended to be proposed by him to the Whereas there is no standard course of NINDS, on HPE. These agencies sup- bill S. 954, supra; which was ordered to lie on treatment for HPE because treatment must port and conduct a wide range of inno- the table. be individualized to the unique degree of vative and promising research on SA 1073. Mr. FLAKE submitted an amend- malformations of each child; HPE—recently identifying the specific ment intended to be proposed by him to the Whereas the Federal Government, acting genes that cause HPE. bill S. 954, supra; which was ordered to lie on through the National Institutes of Health the table. and the National Institute of Neurological I am submitting this resolution SA 1074. Mr. VITTER (for himself, Mr. Disorders and Strokes, supports and con- today to designate November 28, 2013 as INHOFE, and Mr. WICKER) submitted an ducts a wide range of research on normal National Holoprosencephaly Awareness amendment intended to be proposed by him brain development and recent research has Day. This resolution urges Federal to the bill S. 954, supra; which was ordered to identified specific genes that cause HPE; and agencies to support HPE research, to lie on the table. Whereas November 28, 2013, would be an ap- provide better counseling to families SA 1075. Mr. JOHNSON of Wisconsin sub- propriate day to designate as ‘National with the genetic forms of HPE, and to mitted an amendment intended to be pro- Holoprosencephaly Awareness Day’: Now, develop new ways to treat, and poten- posed by him to the bill S. 954, supra; which therefore, be it was ordered to lie on the table. Resolved, That the Senate— tially prevent this disorder. It also SA 1076. Mrs. MCCASKILL (for herself, Mr. (1) supports the designation of November calls on the people of the United States COBURN, and Mr. JOHNSON of Wisconsin) sub- 28, 2013, as ‘‘National Holoprosencephaly to promote awareness of this birth de- mitted an amendment intended to be pro- Awareness Day’’; fect and to observe National posed by her to the bill S. 954, supra; which (2) urges Federal agencies— Holoprosencephaly Awareness Day was ordered to lie on the table. (A) to continue supporting research to bet- with appropriate ceremonies and ac- SA 1077. Mr. HEINRICH (for himself, Mr. ter understand the causes of HPE; tivities. HELLER, Mr. BENNET, Mr. UDALL of New Mex- (B) to provide better counseling to families ico, and Mr. UDALL of Colorado) submitted with the genetic forms of HPE; and I look forward to working with my an amendment intended to be proposed by (C) to develop new ways to treat, and po- colleagues in the Senate to pass this him to the bill S. 954, supra; which was or- tentially prevent, HPE; and important resolution. dered to lie on the table.

VerDate Mar 15 2010 04:58 May 23, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.043 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3768 CONGRESSIONAL RECORD — SENATE May 22, 2013 SA 1078. Mr. UDALL of Colorado (for him- to the bill S. 954, supra; which was ordered to him to the bill S. 954, to reauthorize self and Mr. BENNET) submitted an amend- lie on the table. agricultural programs through 2018; ment intended to be proposed by him to the SA 1098. Mr. BOOZMAN submitted an which was ordered to lie on the table; amendment intended to be proposed by him bill S. 954, supra; which was ordered to lie on as follows: the table. to the bill S. 954, supra; which was ordered to SA 1079. Mr. COONS (for himself and Mr. lie on the table. On page 380, between lines 19 and 20, insert JOHANNS) submitted an amendment intended SA 1099. Mr. BEGICH submitted an amend- the following: to be proposed by him to the bill S. 954, ment intended to be proposed by him to the SEC. 40ll. BAN ON RECRUITMENT ACTIVITIES supra; which was ordered to lie on the table. bill S. 954, supra; which was ordered to lie on EFFORTS BASED ON ADDING INDI- SA 1080. Mr. TESTER submitted an amend- the table. VIDUALS TO THE SUPPLEMENTAL ment intended to be proposed by him to the SA 1100. Mrs. HAGAN (for herself, Mr. NUTRITION ASSISTANCE PROGRAM. bill S. 954, supra; which was ordered to lie on CRAPO, Mr. CARPER, Ms. LANDRIEU, Mr. Section 18 of the Food and Nutrition Act of the table. PRYOR, Mr. DONNELLY, Mr. VITTER, Ms. 2008 (7 U.S.C. 2027) is amended by adding at SA 1081. Mr. VITTER submitted an amend- HEITKAMP, Mr. COONS, Mr. RISCH, Mrs. the end the following: ment intended to be proposed by him to the MCCASKILL, Mrs. FISCHER, and Mr. JOHANNS) ‘‘(g) BAN ON RECRUITMENT BASED ON ADDING submitted an amendment intended to be pro- bill S. 954, supra; which was ordered to lie on INDIVIDUALS TO THE SUPPLEMENTAL NUTRI- posed by her to the bill S. 954, supra; which the table. TION ASSISTANCE PROGRAM.—Not later than was ordered to lie on the table. SA 1082. Mr. FLAKE (for himself, Mr. 180 days after the date of enactment of this SA 1101. Mr. THUNE submitted an amend- subsection, the Secretary shall issue regula- MCCAIN, Mr. UDALL of Colorado, Mr. CRAPO, ment intended to be proposed to amendment Mr. RISCH, and Mr. BAUCUS) submitted an tions that forbid entities (including contrac- SA 998 submitted by Mr. LEAHY to the bill S. tors of the entities) that receive funds under amendment intended to be proposed by him 954, supra; which was ordered to lie on the to the bill S. 954, supra; which was ordered to this Act to compensate any person for con- table. ducting outreach activities relating to par- lie on the table. SA 1102. Mr. JOHANNS submitted an ticipation in, or for recruiting individuals to SA 1083. Mr. CRUZ submitted an amend- amendment intended to be proposed by him ment intended to be proposed by him to the to the bill S. 954, supra; which was ordered to apply to receive benefits under, the supple- bill S. 954, supra; which was ordered to lie on lie on the table. mental nutrition assistance program if the the table. SA 1103. Mr. JOHANNS submitted an amount of the compensation would be based SA 1084. Mr. CRUZ submitted an amend- amendment intended to be proposed by him on the number of individuals who apply to ment intended to be proposed by him to the to the bill S. 954, supra; which was ordered to receive the benefits. bill S. 954, supra; which was ordered to lie on lie on the table. ‘‘(h) REPAYMENT OF BENEFITS GIVEN TO IN- the table. SA 1104. Mr. CHAMBLISS submitted an ELIGIBLE INDIVIDUALS.— SA 1085. Mr. CRUZ submitted an amend- amendment intended to be proposed by him ‘‘(1) IN GENERAL.—Not later than 180 days ment intended to be proposed by him to the to the bill S. 954, supra; which was ordered to after the date of enactment of this sub- bill S. 954, supra; which was ordered to lie on lie on the table. section, the Secretary shall issue regulations the table. SA 1105. Mr. CHAMBLISS (for himself, that require, except as provided in paragraph SA 1086. Mr. SANDERS submitted an Mrs. FEINSTEIN, and Mr. ISAKSON) submitted (2), that any entity receiving funds under amendment intended to be proposed by him an amendment intended to be proposed by this Act that has been determined in accord- to the bill S. 954, supra; which was ordered to him to the bill S. 954, supra; which was or- ance with criteria established by the regula- lie on the table. dered to lie on the table. tions to have purposefully recruited individ- SA 1087. Mr. BROWN submitted an amend- SA 1106. Mr. CHAMBLISS (for himself, Mr. uals ineligible for benefits under the supple- ment intended to be proposed by him to the UDALL of Colorado, Mr. BENNET, Mr. CRAPO, mental nutrition assistance program or to bill S. 954, supra; which was ordered to lie on and Mr. HEINRICH) submitted an amendment have failed to verify the eligibility of indi- the table. intended to be proposed by him to the bill S. viduals recruited to apply to receive benefits SA 1088. Mr. BROWN (for himself, Mr. 954, supra; which was ordered to lie on the under the supplemental nutrition assistance table. TESTER, Mr. SCHATZ, Mr. REED, Mr. WYDEN, program, to deposit in the general fund of SA 1107. Mr. LEE submitted an amendment Mr. HEINRICH, Mrs. GILLIBRAND, and Mr. the Treasury an amount equal to 200 percent intended to be proposed by him to the bill S. COWAN) submitted an amendment intended of the amount of benefits provided by the 954, supra; which was ordered to lie on the to be proposed by him to the bill S. 954, State agency or benefit issuer to the indi- table. supra; which was ordered to lie on the table. SA 1108. Mr. WICKER submitted an amend- vidual later found to be ineligible to receive SA 1089. Mr. BROWN (for himself and Mr. ment intended to be proposed by him to the benefits under the program. COWAN) submitted an amendment intended bill S. 954, supra; which was ordered to lie on ‘‘(2) EXCEPTION FOR FRAUD.—The amount of to be proposed by him to the bill S. 954, the table. benefits provided to ineligible individuals de- supra; which was ordered to lie on the table. SA 1109. Mr. WICKER (for himself, Mr. VIT- scribed in paragraph (1) shall not include any SA 1090. Mr. BROWN submitted an amend- TER, and Mr. RISCH) submitted an amend- benefits received as a result of fraud by the ment intended to be proposed by him to the ment intended to be proposed by him to the individual.’’. bill S. 954, supra; which was ordered to lie on bill S. 954, supra; which was ordered to lie on the table. the table. SA 1060. Mr. BARRASSO (for himself SA 1091. Mr. MCCAIN submitted an amend- SA 1110. Mr. MCCAIN submitted an amend- and Mr. TOOMEY) submitted an amend- ment intended to be proposed by him to the ment intended to be proposed by him to the ment intended to be proposed by him bill S. 954, supra; which was ordered to lie on bill S. 954, supra; which was ordered to lie on to the bill S. 954, to reauthorize agri- the table. the table. SA 1092. Mr. THUNE (for himself, Mr. ROB- SA 1111. Mr. WARNER submitted an cultural programs through 2018; which ERTS, and Mr. JOHANNS) submitted an amend- amendment intended to be proposed by him was ordered to lie on the table; as fol- ment intended to be proposed by him to the to the bill S. 954, supra; which was ordered to lows: bill S. 954, supra; which was ordered to lie on lie on the table. On page 1150, after line 15, add the fol- the table. SA 1112. Mr. SCHUMER submitted an lowing: SA 1093. Mr. LEAHY (for himself, Mr. amendment intended to be proposed by him SEC. 12lll. REPEAL OF RENEWABLE FUEL COWAN, and Ms. COLLINS) submitted an to the bill S. 954, supra; which was ordered to STANDARD. lie on the table. amendment intended to be proposed by him (a) IN GENERAL.—Section 211 of the Clean SA 1113. Ms. LANDRIEU (for herself, Mr. to the bill S. 954, supra; which was ordered to Air Act (42 U.S.C. 7545) is amended by strik- MENENDEZ, Mrs. GILLIBRAND, Mr. SCHUMER, lie on the table. ing subsection (o). Mr. LAUTENBERG, and Mr. VITTER) submitted SA 1094. Mr. BROWN (for himself and Mr. (b) ADDITIONAL REPEAL.—Section 204 of the an amendment intended to be proposed by JOHANNS) submitted an amendment intended Energy Independence and Security Act of her to the bill S. 954, supra; which was or- to be proposed by him to the bill S. 954, 2007 (42 U.S.C. 7545 note; Public Law 110-140) dered to lie on the table. supra; which was ordered to lie on the table. is repealed. SA 1095. Mr. CARDIN (for himself, Mr. SA 1114. Mrs. FEINSTEIN submitted an (c) REGULATIONS.—Beginning on the date of BOOZMAN, Ms. MIKULSKI, and Mr. COONS) sub- amendment intended to be proposed by her to the bill S. 954, supra; which was ordered to enactment of this Act, the regulations under mitted an amendment intended to be pro- subparts K and M of part 80 of title 40, Code posed by him to the bill S. 954, supra; which lie on the table. SA 1115. Mr. BEGICH submitted an amend- of Federal Regulations (as in effect on that was ordered to lie on the table. date of enactment), shall have no force or ef- SA 1096. Mr. INHOFE (for himself, Mr. ment intended to be proposed by him to the bill S. 954, supra; which was ordered to lie on fect. PRYOR, and Mrs. FISCHER) submitted an the table. amendment intended to be proposed by him SA 1061. Mr. COBURN (for himself, to the bill S. 954, supra; which was ordered to f Mr. DURBIN, and Mr. MCCAIN) sub- lie on the table. TEXT OF AMENDMENTS SA 1097. Mr. GRASSLEY (for himself, Mr. mitted an amendment intended to be DONNELLY, and Mr. JOHANNS) submitted an SA 1059. Mr. VITTER submitted an proposed by him to the bill S. 954, to amendment intended to be proposed by him amendment intended to be proposed by reauthorize agricultural programs

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GROSS INCOME. ‘‘(i) pilot projects that comply with the re- ‘‘(2) SELECTION CRITERIA.—The Secretary Section 508(e) of the Federal Crop Insur- quirements of this Act; shall select a pilot project to carry out under ance Act (7 U.S.C. 1508(e)) (as amended by ‘‘(ii) the cost and administration of the this subsection based on such criteria as the section 11030(b)) is amended by adding at the pilot projects; Secretary may establish, including— end the following: ‘‘(iii) the costs incurred in providing infor- ‘‘(A) enhancing existing employment and mation for the evaluation under paragraph ‘‘(9) LIMITATION ON PREMIUM SUBSIDY BASED training programs in a State; (3); and ON AVERAGE ADJUSTED GROSS INCOME.— ‘‘(B) agreeing to participate in the evalua- ‘‘(iv) the costs of the evaluation under ‘‘(A) DEFINITION OF AVERAGE ADJUSTED tion described in paragraph (3), including paragraph (3). GROSS INCOME.—In this paragraph, the term making available data on participant em- ‘average adjusted gross income’ has the ‘‘(B) LIMITATION.—Funds made available ployment activities and postparticipation under this subsection may not be used to meaning given the term in section 1001D(a) employment, earnings, and receipt of public of the Food Security Act of 1985 (7 U.S.C. supplant non-Federal funds used for existing benefits; employment and training activities.’’. 1308–3a(a)). ‘‘(C) collaborating with State and local ‘‘(B) LIMITATION.—Notwithstanding any workforce boards and other job training pro- SA 1064. Mr. PAUL submitted an other provision of this subtitle and begin- grams in a State or local area; ning with the 2014 reinsurance year, in the amendment intended to be proposed by ‘‘(D) the extent to which the components him to the bill S. 954, to reauthorize case of any producer that is a person or legal of the project can be easily replicated by entity that has an average adjusted gross in- other States or political subdivisions; and agricultural programs through 2018; come in excess of $750,000 based on the most ‘‘(E) such additional criteria as are nec- which was ordered to lie on the table; recent data available from the Farm Service essary to ensure that all selected pilot as follows: Agency as of the beginning of the reinsur- projects— At the appropriate place, insert the fol- ance year, the total amount of premium sub- ‘‘(i) target a variety of populations of work lowing: sidy provided with respect to additional cov- registrants, including childless adults, par- SEC. lll. REPEAL OF ESTATE AND GIFT TAXES. erage under subsection (c), section 508B, or ents, and individuals with low skills or lim- (a) IN GENERAL.—Subtitle B of the Internal section 508C issued on behalf of the producer ited work experience; Revenue Code of 1986 is hereby repealed. for a reinsurance year shall be 15 percentage ‘‘(ii) are selected from a range of existing (b) EFFECTIVE DATE.—The repeal made by points less than the premium subsidy pro- employment and training programs, includ- paragraph (1) shall apply to the estates of de- vided in accordance with this subsection ing programs that provide— cedents dying, and gifts and generation-skip- that would otherwise be available for the ap- ‘‘(I) skills development and support serv- ping transfers made, after December 31, 2013. plicable policy, plan of insurance, and cov- ices for work registrants with limited em- erage level selected by the producer.’’. ployment history; SA 1065. Mr. PAUL submitted an ‘‘(II) postemployment support services nec- amendment intended to be proposed by SA 1062. Mr. MERKLEY (for himself essary for maintaining employment; and and Mr. WYDEN) submitted an amend- ‘‘(III) education leading to a recognized him to the bill S. 954, to reauthorize ment intended to be proposed by him postsecondary credential, registered appren- agricultural programs through 2018; to the bill S. 954, to reauthorize agri- ticeship, or secondary school diploma or which was ordered to lie on the table; cultural programs through 2018; which equivalent that has value in the labor mar- as follows: ket of the region; At the end of the bill, add the following: was ordered to lie on the table; as fol- ‘‘(iii) are located in a range of geographical lows: areas, including rural and urban areas and Subtitle D—Defense of Environment and On page 1150, after line 15, add the fol- Indian reservations; and Property lowing: ‘‘(iv) have a plan for sustaining the pro- SEC. 12301. NAVIGABLE WATERS. SEC. 122ll. AMOUNTS OWED TO ELIGIBLE gram after the pilot phase has concluded. (a) IN GENERAL.—Section 502 of the Federal COUNTIES. ‘‘(3) EVALUATION.—The Secretary shall pro- Water Pollution Control Act (33 U.S.C. 1362) Not later than 7 days after the date of en- vide for an independent evaluation of pilot is amended by striking paragraph (7) and in- actment of this Act, the Secretary of the projects selected under this subsection to serting the following: Treasury shall pay to each eligible county measure the impact of the projects on the ‘‘(7) NAVIGABLE WATERS.— (as defined in section 3 of the Secure Rural ability of each pilot project target popu- ‘‘(A) IN GENERAL.—The term ‘navigable Schools and Community Self-Determination lation to find and retain employment that waters’ means the waters of the United Act of 2000 (16 U.S.C. 7102)) an amount equal leads to increased household income, com- States, including the territorial seas, that to the amount elected by the eligible county pared to what would have occurred in the ab- are— under section 102(b) of that Act (16 U.S.C. sence of the pilot project. ‘‘(i) navigable-in-fact; or 7112(b)) for fiscal year 2013. ‘‘(4) REPORT TO CONGRESS.—Not later than ‘‘(ii) permanent, standing, or continuously September 30, 2017, the Secretary shall sub- flowing bodies of water that form geo- SA 1063. Mrs. MURRAY submitted an mit to the Committee on Agriculture of the graphical features commonly known as amendment intended to be proposed by House of Representatives, the Committee on streams, oceans, rivers, and lakes that are her to the bill S. 954, to reauthorize ag- Agriculture, Nutrition, and Forestry of the connected to waters that are navigable-in- Senate, the Committee on Education and the fact. ricultural programs through 2018; Workforce of the House of Representatives, ‘‘(B) EXCLUSIONS.—The term ‘navigable which was ordered to lie on the table; and the Committee on Health, Education, waters’ does not include (including by regu- as follows: Labor, and Pensions of the Senate a report lation)— On page 380, between lines 15 and 16, insert that includes a description of— ‘‘(i) waters that— the following: ‘‘(A) the results of each pilot project car- ‘‘(I) do not physically abut waters de- SEC. 40ll. PILOT PROGRAM TO TEST INNOVA- ried out under this subsection, including an scribed in subparagraph (A); and TIVE APPROACHES TO SUPPORTING evaluation of the impact of the project on ‘‘(II) lack a continuous surface water con- WORK AND ENHANCING SKILLS. the employment, income, and public benefit nection to navigable waters; Section 17 of the Food and Nutrition Act of receipt of the targeted population of work ‘‘(ii) man-made or natural structures or 2008 (7 U.S.C. 2026) (as amended by section registrants; channels— 4001(b)) is amended by adding at the end the ‘‘(B) the Federal, State, and other costs of ‘‘(I) through which water flows intermit- following: each pilot project; tently or ephemerally; or ‘‘(m) PILOT PROGRAM TO TEST INNOVATIVE ‘‘(C) the planned dissemination among ‘‘(II) that periodically provide drainage for APPROACHES TO SUPPORTING WORK AND EN- State agencies of the findings of the report; rainfall; or HANCING SKILLS.— and ‘‘(iii) wetlands without a continuous sur- ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(D) the measures and funding necessary face connection to bodies of water that are sultation with the Secretary of Labor, shall to incorporate components of pilot projects waters of the United States. carry out, under such terms and conditions that demonstrate increased employment and ‘‘(C) EPA AND CORPS ACTIVITIES.—An activ- as the Secretary considers to be appropriate, earnings into State employment and train- ity carried out by the Administrator or the pilot projects to identify best practices for ing programs. Corps of Engineers shall not, without ex- employment and training programs under ‘‘(5) FUNDING.—Of the amounts made avail- plicit State authorization, impinge upon the this Act to increase the number of work reg- able under section 18(a)(1), the Secretary traditional and primary power of States over istrants who— shall use to carry out this subsection land and water use.

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‘‘(D) AGGREGATION; WETLANDS.— striking subsection (a) and inserting the fol- (c) SUSPENSION OF CERTAIN QUOTA PROVI- ‘‘(i) AGGREGATION.—Aggregation of wet- lowing: SIONS.—The joint resolution entitled ‘‘A lands or waters not described in clauses (i) ‘‘(a) IN GENERAL.— joint resolution relating to corn and wheat through (iii) of subparagraph (B) shall not be ‘‘(1) ENTRY BY FEDERAL AGENCY.—A rep- marketing quotas under the Agricultural Ad- used to determine or assert Federal jurisdic- resentative of a Federal agency shall only justment Act of 1938, as amended’’, approved tion. enter private property to collect information May 26, 1941 (7 U.S.C. 1330 and 1340), shall not ‘‘(ii) WETLANDS.—Wetlands described in about navigable waters if the owner of that be applicable to crops of wheat. subparagraph (B)(iii) shall not be considered property— to be under Federal jurisdiction. ‘‘(A) has consented to the entry in writing; SA 1067. Mr. PAUL submitted an ‘‘(E) JUDICIAL REVIEW.—If a jurisdictional ‘‘(B) is notified regarding the date of the amendment intended to be proposed by determination by the Administrator or the entry; and him to the bill S. 954, to reauthorize Secretary of the Army would affect the abil- ‘‘(C) is given access to any data collected agricultural programs through 2018; ity of a State or individual property owner from the entry. which was ordered to lie on the table; to plan the development and use (including ‘‘(2) ACCESS.—If a landowner consents to restoration, preservation, and enhancement) entry under paragraph (1), the landowner as follows: of land and water resources, the State or in- shall have the right to be present at the time On page 1150, after line 15, add the fol- dividual property owner may obtain expe- any data collection on the property of the lowing: dited judicial review not later than 30 days landowner is carried out.’’. SEC. 12213. PROTECTION OF PRODUCER INFOR- after the date on which the determination is SEC. 12305. COMPENSATION FOR REGULATORY MATION. made in a district court of the United States, TAKING. (a) DEFINITIONS.—In this section: of appropriate jurisdiction and venue, that is (a) IN GENERAL.—If a Federal regulation (1) DEPARTMENT.—The term ‘‘Department’’ located within the State seeking the review. relating to the definition of navigable waters means the Department of Agriculture. ‘‘(F) TREATMENT OF GROUND WATER.— or waters of the United States diminishes (2) PRODUCER.—The term ‘‘producer’’ Ground water shall— the fair market value or economic viability means an owner, operator, landlord, tenant, ‘‘(i) be considered to be State water; and of a property, as determined by an inde- or sharecropper that shares in the risk of ‘‘(ii) not be considered in determining or pendent appraiser, the Federal agency producing a crop and is entitled to share in asserting Federal jurisdiction over isolated issuing the regulation shall pay the affected the crop available for marketing from the or other waters, including intermittent or property owner an amount equal to twice the farm, or would have shared had the crop been ephemeral water bodies. value of the loss. produced. ‘‘(G) PROHIBITION ON USE OF NEXUS TEST.— (b) ADMINISTRATION.—Any payment pro- (b) PROHIBITION OF PUBLIC DISCLOSURE OF Notwithstanding any other provision of law, vided under subsection (a) shall be made PROTECTED INFORMATION.—Except as pro- the Administrator may not use a significant from the amounts made available to the rel- vided in subsection (c), no officer or em- nexus test (as used by EPA in the proposed evant agency head for general operations of ployee of the Department of Agriculture, document listed in section 3(a)(1)) to deter- the agency. contractor or cooperator of the Department, mine Federal jurisdiction over navigable (c) APPLICABILITY.—A Federal regulation or officer or employee of another Federal waters and waters of the United States.’’. described in subsection (a) shall have no agency shall disclose— (b) APPLICABILITY.—Nothing in this section force or effect until the date on which each (1) to the Federal Government any infor- or the amendments made by this section af- landowner with a claim under this section mation submitted by a producer or owner of fects or alters any exemption under— relating to that regulation has been com- agricultural land under this Act; or (1) section 402(l) of the Federal Water Pol- pensated in accordance with this section. (2) any other information provided by a lution Control Act (33 U.S.C. 1342(l)); or producer or owner of agricultural land con- (2) section 404(f) of the Federal Water Pol- SA 1066. Mr. PAUL submitted an cerning the agricultural operation, farming lution Control Act (33 U.S.C. 1344(f)). amendment intended to be proposed by or conservation practices, or the land to par- SEC. 12302. APPLICABILITY OF AGENCY REGULA- him to the bill S. 954, to reauthorize ticipate in any program administered by the TIONS AND GUIDANCE. agricultural programs through 2018; Department or any other Federal agency. (a) IN GENERAL.—The following regulations which was ordered to lie on the table; (c) EXCEPTIONS.—The information de- and guidance shall have no force or effect: scribed in subsection (a) may be disclosed (1) The final rule of the Corps of Engineers as follows: if— entitled ‘‘Final Rule for Regulatory Pro- Strike section 1602 and insert the fol- (1) the information is required to be made grams of the Corps of Engineers’’ (51 Fed. lowing: publicly available under any other provision Reg. 41206 (November 13, 1986)). SEC. 1602. PERMANENT SUSPENSION OF PRICE of Federal law; (2) The proposed rule of the Environmental SUPPORT AUTHORITY. (2) the producer or owner of agricultural Protection Agency entitled ‘‘Advance Notice (a) AGRICULTURAL ADJUSTMENT ACT OF land who provided the information has law- of Proposed Rulemaking on the Clean Water 1938.—The following provisions of the Agri- fully publicly disclosed the information; Act Regulatory Definition of ‘Waters of the cultural Adjustment Act of 1938 shall not be (3) the producer or owner of agricultural United States’ ’’ (68 Fed. Reg. 1991 (January applicable to covered commodities (as de- land who provided the information consents 15, 2003)). fined in section 1001 of the Food, Conserva- to the disclosure; or (3) The guidance document entitled ‘‘Clean tion, and Energy Act of 2008 (7 U.S.C. 8702)), (4)(A) the information is disclosed to the Water Act Jurisdiction Following the U.S. peanuts, and sugar and shall not be applica- Attorney General; and Supreme Court’s Decision in ‘Rapanos v. ble to milk: (B) the disclosure is necessary to ensure United States’ & ‘Carabell v. United States’ ’’ (1) Parts II through V of subtitle B of title compliance with and enforcement of Federal (December 2, 2008) (relating to the definition III (7 U.S.C. 1326 et seq.). law. of waters under the jurisdiction of the Fed- (2) In the case of upland cotton, section 377 (d) NOTICE OF DISCLOSURE.—Not later than eral Water Pollution Control Act (33 U.S.C. (7 U.S.C. 1377). 24 hours after information is disclosed pursu- 1251 et seq.)). (3) Subtitle D of title III (7 U.S.C. 1379a et ant to an exception provided in subsection (4) Any subsequent regulation of or guid- seq.). (b), the officer or employee of the Depart- ance issued by any Federal agency that de- (4) Title IV (7 U.S.C. 1401 et seq.). ment of Agriculture, contractor or coop- fines or interprets the term ‘‘navigable (b) AGRICULTURAL ACT OF 1949.—The fol- erator of the Department, or officer or em- waters’’. lowing provisions of the Agricultural Act of ployee of another Federal agency shall sub- (b) PROHIBITION.—The Secretary of the 1949 shall not be applicable to covered com- mit to the Committee on Agriculture, Nutri- Army, acting through the Chief of Engineers, modities (as defined in section 1001 of the tion, and Forestry of the Senate and the and the Administrator of the Environmental Food, Conservation, and Energy Act of 2008 Committee of Agriculture in the House of Protection Agency shall not promulgate any (7 U.S.C. 8702)), peanuts, and sugar and shall Representatives a report on the disclosed in- rules or issue any guidance that expands or not be applicable to milk: formation. interprets the definition of navigable waters (1) Section 101 (7 U.S.C. 1441). unless expressly authorized by Congress. (2) Section 103(a) (7 U.S.C. 1444(a)). SA 1068. Mr. JOHANNS submitted an SEC. 12303. STATE REGULATION OF WATER. (3) Section 105 (7 U.S.C. 1444b). amendment intended to be proposed by Nothing in this subtitle affects, amends, or (4) Section 107 (7 U.S.C. 1445a). him to the bill S. 954, to reauthorize (5) Section 110 (7 U.S.C. 1445e). supersedes— agricultural programs through 2018; (1) the right of a State to regulate waters (6) Section 112 (7 U.S.C. 1445g). in the State; or (7) Section 115 (7 U.S.C. 1445k). which was ordered to lie on the table; (2) the duty of a landowner to adhere to (8) Section 201 (7 U.S.C. 1446). as follows: any State nuisance laws (including regula- (9) Title III (7 U.S.C. 1447 et seq.). On page 1111, after line 20, add the fol- tions) relating to waters in the State. (10) Title IV (7 U.S.C. 1421 et seq.), other lowing: SEC. 12304. CONSENT FOR ENTRY BY FEDERAL than sections 404, 412, and 416 (7 U.S.C. 1424, SEC. ll. REPORT ON FARM RISK MANAGEMENT REPRESENTATIVES. 1429, and 1431). PROGRAMS. Section 308 of the Federal Water Pollution (11) Title V (7 U.S.C. 1461 et seq.). (a) IN GENERAL.—Not later than December Control Act (33 U.S.C. 1318) is amended by (12) Title VI (7 U.S.C. 1471 et seq.). 1, 2014, and each December 1 thereafter until

VerDate Mar 15 2010 04:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.032 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3771 December 1, 2017, the Secretary, acting needy families under the program of block SECTION 122ll. PROHIBITION OF GASOLINE through the Chief Economist, shall submit grants to States for temporary assistance for BLENDS WITH GREATER THAN 10- to the Committee on Agriculture of the needy families established under part A of VOLUME-PERCENT ETHANOL. House of Representatives and the Committee title IV of the Social Security Act (42 U.S.C. (a) IN GENERAL.—Notwithstanding any on Agriculture, Nutrition, and Forestry of 601 et seq.); other provision of law, the Administrator of the Senate a report that analyzes— ‘‘(B) cash assistance under the supple- the Environmental Protection Agency may (1) the impact of the agriculture risk cov- mental security income program established not, including by granting a waiver under erage program under section 1108; under title XVI of that Act (42 U.S.C. 1381 et section 211(f)(4) of the Clean Air Act (42 (2) the interaction of that program with— seq.); or U.S.C. 7545(f)(4)), authorize or otherwise (A) the adverse market payment program ‘‘(C) aid to the aged, blind, or disabled allow the introduction into commerce of gas- under section 1107; under title I, X, XIV, or XVI of that Act (42 oline containing greater than 10-volume-per- (B) the marketing loan program under sub- U.S.C. 301 et seq.).’’; cent ethanol. title B of title I; (B) in the third sentence, by striking ‘‘Ex- (b) PROHIBITION OF WAIVERS.— (C) the supplemental coverage option cept for sections 6, 16(e)(1), and section (1) IN GENERAL.—Any waiver granted under under section 508(c)(3)(B) of the Federal Crop 3(n)(4), households’’ and inserting the fol- section 211(f)(4) of the Clean Air Act (42 Insurance Act (7 U.S.C. 1508(c)(3)(B)) (as lowing: U.S.C. 7545(f)(4)) before the date of enact- ment of this Act that allows the introduc- added by section 11001); and ‘‘(3) GENERAL ASSISTANCE.—Except as pro- (D) other Federal crop insurance programs; vided in sections 3(n)(4), 6, and 16(d), a house- tion into commerce of gasoline containing (3) any distortion caused by the programs hold’’; and greater than 10-volume-percent ethanol for described in paragraphs (1) and (2), and any (C) in the fourth sentence, by striking ‘‘As- use in motor vehicles shall have no force or other farm programs as determined by the sistance’’ and inserting the following: effect. (2) CERTAIN WAIVERS.—The waivers de- Chief Economist, on planting and production ‘‘(4) APPLICATIONS.—Assistance’’; and decisions; and (3) in subsection (j)— scribed in subsection (a) include the fol- (4) any overlap or substitution caused by (A) by inserting ‘‘cash assistance in the lowing: the programs described in paragraphs (1) and form of’’ before ‘‘supplemental security in- (A) The waiver entitled, ‘‘Partial Grant (2)(A) with Federal crop insurance. come benefits’’; and and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To (b) SUMMARY.—Not later than June 1, 2018, (B) by striking ‘‘or who receives benefits’’ the Secretary shall submit to the Committee and inserting ‘‘or who receives cash assist- Increase the Allowable Ethanol Content of on Agriculture of the House of Representa- ance’’. Gasoline to 15 Percent; Decision of the Ad- ministrator’’, 75 Fed. Reg. 68094 (November 4, tives and the Committee on Agriculture, Nu- On page 358, line 11, strike ‘‘(a) IN GEN- 2010). trition, and Forestry of the Senate a sum- ERAL.—’’. (B) The waiver entitled, ‘‘Partial Grant of mary report that analyzes the issues de- On page 359, strike lines 11 through 15. scribed in subsection (a) over the period of Clean Air Act Waiver Application Submitted crop years 2014 through 2017. by Growth Energy To Increase the Allowable SA 1071. Mr. FLAKE submitted an Ethanol Content of Gasoline to 15 Percent; amendment intended to be proposed by SA 1069. Mr. JOHANNS submitted an Decision of the Administrator’’, 76 Fed. Reg. him to the bill S. 954, to reauthorize amendment intended to be proposed by 4662 (January 26, 2011). agricultural programs through 2018; (c) MISFUELING RULE.—The portions of the him to the bill S. 954, to reauthorize which was ordered to lie on the table; rule entitled, ‘‘Regulation to Mitigate the agricultural programs through 2018; as follows: Misfueling of Vehicles and Engines with Gas- which was ordered to lie on the table; oline Containing Greater Than Ten Volume Beginning on page 1051, strike line 5 and as follows: Percent Ethanol and Modifications to the all that follows through page 1055, line 13. On page 174, between lines 6 and 7, insert Reformulated and Conventional Gasoline the following: Programs’’, 76 Fed. Reg. 44406 (July 25, 2011) SA 1072. Mr. FLAKE submitted an SEC. 1615. PROHIBITION ON USE OF FUNDS TO (including amendments to those portions of DELAY COMPLIANCE WITH WTO DE- amendment intended to be proposed by the rule) to mitigate misfueling shall have CISIONS. him to the bill S. 954, to reauthorize no force and effect 60 days after the date of The Secretary shall not use any funds (in- agricultural programs through 2018; enactment of this Act. cluding funds of the Commodity Credit Cor- which was ordered to lie on the table; (d) CONFORMING VOLUMETRIC REQUIRE- poration) to make payments or influence a as follows: MENTS.—Section 211(o) of the Clean Air Act foreign government or organization (includ- (42 U.S.C. 7545(o)) is amended— ing the Brazilian Cotton Institute) for the On page 174, between lines 6 and 7, insert (1) in paragraph (3)(C)— purpose of delaying compliance with a deci- the following: (A) in clause (i), by striking ‘‘and’’; sion of the World Trade Organization. SEC. 16ll. STUDY ON OFFSETS FOR PAYMENTS (B) in clause (ii), by striking the period and TO BRAZILIAN COTTON INSTITUTE. inserting ‘‘; and’’; and SA 1070. Mr. JOHANNS (for himself, Not later than 90 days after the date of en- (C) by adding at the end the following: Mr. THUNE, and Mr. ROBERTS) sub- actment of this Act, the Secretary shall sub- ‘‘(iii) to limit the applicable percentage of mitted an amendment intended to be mit to Congress a report that identifies and renewable fuel required under this sub- proposed by him to the bill S. 954, to recommends $147,300,000 in annual savings section to an amount that would ensure that for each of 2013 through 2018 from payments, no refiner, blender, or importer be required reauthorize agricultural programs loans, assistance, and plans provided to pro- through 2018; which was ordered to lie directly or indirectly to produce, blend, im- ducers of upland cotton and extra long staple port, or otherwise enter into commerce any on the table; as follows: cotton under this title and section 508B of gasoline that contains, on an average annual On page 355, between lines 7 and 8, insert the Federal Crop Insurance Act to offset an- basis, greater than 10-volume percent eth- the following: nual payments of $147,300,000 for each of 2013 anol.’’; and SEC. 40ll. CATEGORICAL ELIGIBILITY LIMITA- through 2018 to be made to the Brazilian Cot- (2) by adding at the end the following: TIONS. ton Institute. ‘‘(13) LIMITATIONS.—No entity required to Section 5 of the Food and Nutrition Act of comply with a provision of this section shall 2008 (7 U.S.C. 2014) is amended— SA 1073. Mr. FLAKE submitted an be required either by the applicable volumes (1) by striking the section designation and amendment intended to be proposed by under paragraph (2)(B) or by the operation of heading and all that follows through ‘‘(a) him to the bill S. 954, to reauthorize any other authority in this section (includ- PARTICIPATION.—’’ and inserting the fol- agricultural programs through 2018; ing regulations promulgated under this sec- lowing: which was ordered to lie on the table; tion) to introduce into commerce gasoline ‘‘SEC. 5. ELIGIBLE HOUSEHOLDS. as follows: that contains, on an average annual basis, ‘‘(a) REQUIREMENTS.— greater than 10 volume percent ethanol.’’. ‘‘(1) IN GENERAL.—Participation’’; Beginning on page 1066, strike line 23 and (e) CERTIFICATION FUELS.—Section 211 of (2) in subsection (a)— all that follows through page 1071, line 16. the Clean Air Act (42 U.S.C. 7545) is amended (A) by striking the second sentence and in- by adding at the end the following: serting the following: SA 1074. Mr. VITTER (for himself, ‘‘(w) CERTIFICATION FUELS.—The Adminis- ‘‘(2) RECIPIENTS OF OTHER FEDERAL BENE- Mr. INHOFE, and Mr. WICKER) submitted trator shall ensure that the fuel used for cer- FITS.—Except as provided in section 3(n)(4) an amendment intended to be proposed tification of vehicles and engines for compli- and subsections (b), (d)(2), (g), and (r) of sec- by him to the bill S. 954, to reauthorize ance with emissions standards promulgated tion 6, a household shall be eligible to par- agricultural programs through 2018; under this title corresponds in all respects to ticipate in the supplemental nutrition assist- the fuel used by 75 percent or more of the ve- ance program if each member of the house- which was ordered to lie on the table; hicles and engines in use at the time the hold receives— as follows: specifications for the certification fuel are ‘‘(A) cash assistance in the form of ongoing On page 1150, after line 15, add the fol- promulgated for vehicles and engines that basic needs benefit payments for financially lowing: use the certification fuel.’’.

VerDate Mar 15 2010 04:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.036 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3772 CONGRESSIONAL RECORD — SENATE May 22, 2013 SA 1075. Mr. JOHNSON of Wisconsin tended to be proposed by him to the (2) in section 322 (e)(1) (42 U.S.C. 5165(e)(1)), submitted an amendment intended to bill S. 954, to reauthorize agricultural by inserting ‘‘or event under section 420’’ be proposed by him to the bill S. 954, to programs through 2018; which was or- after ‘‘major disaster’’ each place that term reauthorize agricultural programs dered to lie on the table; as follows: appears. through 2018; which was ordered to lie On page 1150, after line 15, add the fol- SA 1079. Mr. COONS (for himself and on the table; as follows: lowing: Mr. JOHANNS) submitted an amendment On page 421, between lines 3 and 4, insert SEC. 12llll. FEDERAL LAND TRANSACTION intended to be proposed by him to the the following: FACILITATION ACT. bill S. 954, to reauthorize agricultural The Federal Land Transaction Facilitation SEC. 42ll. FRUIT AND VEGETABLE PROGRAM. Act is amended— programs through 2018; which was or- Section 19 of the Richard B. Russell Na- (1) in section 203(2) (43 U.S.C. 2302(2)), by dered to lie on the table; as follows: tional School Lunch Act (42 U.S.C. 1769a) is striking ‘‘on the date of enactment of this On page 339, line 13, strike ‘‘$40,000,000’’ and amended— Act was’’ and inserting ‘‘is’’; insert ‘‘$60,000,000’’. (1) in the section heading, by striking (2) in section 205 (43 U.S.C. 2304)— ‘‘ ’’; FRESH (A) in subsection (a), by striking ‘‘(as in ef- SA 1080. Mr. TESTER submitted an (2) in subsection (a), by striking ‘‘fresh’’; fect on the date of enactment of this Act)’’; amendment intended to be proposed by (3) by striking subsection (b) and inserting and him to the bill S. 954, to reauthorize the following: (B) by striking subsection (d); agricultural programs through 2018; ‘‘(b) PROGRAM.—A school participating in (3) in section 206 (43 U.S.C. 2305), by strik- the program— which was ordered to lie on the table; ing subsection (f); and ‘‘(1) shall make free fruits and vegetables as follows: (4) in section 207(b) (43 U.S.C. 2306(b))— available to students throughout the school On page 902, strike lines 12 and 13 and in- (A) in paragraph (1)— day (or at such other times as are considered sert the following: (i) by striking ‘‘96–568’’ and inserting ‘‘96– appropriate by the Secretary) in 1 or more (5) by redesignating subsections (h) and (j) 586’’; and areas designated by the school; as subsections (k) and (l), respectively; (ii) by striking ‘‘; or’’ and inserting a semi- ‘‘(2) may make the free fruits and vegeta- On page 918, strike lines 7 through 11 and colon; bles available in any form (such as fresh, fro- insert the following: (B) in paragraph (2)— zen, dried, or canned) that meets any nutri- 2014 through 2018. (i) by inserting ‘‘Public Law 105–263;’’ be- tion requirement prescribed by the Secretary ‘‘(j) CONVENTIONAL BREEDING INITIATIVE.— fore ‘‘112 Stat.’’; and ‘‘(1) DEFINITIONS.— and consistent with the most recent Dietary (ii) by striking the period at the end and ‘‘(A) CONVENTIONAL BREEDING.—The term Guidelines for Americans published under inserting a semicolon; and ‘conventional breeding’ means the develop- section 301 of the National Nutrition Moni- (C) by adding at the end the following: ment of new varieties of an organism toring and Related Research Act of 1990 (7 ‘‘(3) the White Pine County Conservation, through controlled mating and selection U.S.C. 5341); and Recreation, and Development Act of 2006 without the use of transgenic methods. ‘‘(3) shall purchase, to the maximum ex- (Public Law 109–432; 120 Stat. 3028); ‘‘(B) PUBLIC BREED.—The term ‘public tent practicable, domestic commodities or ‘‘(4) the Lincoln County Conservation, breed’ means a breed that is the commer- products in compliance with section 12(n) Recreation, and Development Act of 2004 cially available uniform end product of a (including any implementing regulations).’’; (Public Law 108–424; 118 Stat. 2403); publicly funded breeding program that— and ‘‘(5) subtitle F of title I of the Omnibus ‘‘(i) has been sufficiently tested to dem- (4) in subsection (e), by striking ‘‘fresh’’. Public Land Management Act of 2009 (16 onstrate improved characteristics and sta- U.S.C. 1132 note; Public Law 111–11); bile performance; and SA 1076. Mrs. MCCASKILL (for her- ‘‘(6) subtitle O of title I of the Omnibus ‘‘(ii) remains in the public domain for re- self, Mr. COBURN, and Mr. JOHNSON of Public Land Management Act of 2009 (16 search purposes. Wisconsin) submitted an amendment U.S.C. 460www note, 1132 note; Public Law ‘‘(C) PUBLIC CULTIVAR.—The term ‘public intended to be proposed by her to the 111–11); cultivar’ means a cultivar that is the com- bill S. 954, to reauthorize agricultural ‘‘(7) section 2601 of the Omnibus Public mercially available uniform end product of a programs through 2018; which was or- Land Management Act of 2009 (Public Law publicly funded breeding program that— dered to lie on the table; as follows: 111–11; 123 Stat. 1108); or ‘‘(i) has been sufficiently tested to dem- ‘‘(8) section 2606 of the Omnibus Public onstrate improved characteristics and sta- At the end of subtitle C of title XII, add bile performance; and the following: Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1121).’’. ‘‘(ii) remains in the public domain for re- SEC. 12213. PROHIBITION ON PERFORMANCE search purposes. AWARDS IN THE SENIOR EXECUTIVE Mr. UDALL of Colorado (for ‘‘(2) ESTABLISHMENT.—Beginning on the SERVICE. SA 1078. himself and Mr. BENNET) submitted an date of enactment of the Agriculture Re- (a) DEFINITIONS.—In this section— form, Food, and Jobs Act of 2013, the Sec- (1) the terms ‘‘agency’’ and ‘‘career ap- amendment intended to be proposed by him to the bill S. 954, to reauthorize retary shall carry out an initiative to ad- pointee’’ have the meanings given such dress research needs in conventional breed- terms in section 5381 of title 5, United States agricultural programs through 2018; ing for public cultivar and public breed de- Code; and which was ordered to lie on the table; velopment, as described in paragraph (3). (2) the term ‘‘sequestration period’’ means as follows: ‘‘(3) PURPOSES.—The purposes of the initia- a period— At the end of subtitle C of title XII, add tive established by paragraph (2) are— (A) beginning on the later of— the following: ‘‘(A) to fund public cultivar and public (i) the date on which a sequestration order SEC. lll. WILDFIRE MITIGATION ASSISTANCE. breed development through conventional is issued under section 251 or 251A of the Bal- (a) IN GENERAL.—Section 420 of the Robert breeding, with no requirement or preference anced Budget and Emergency Deficit Control T. Stafford Disaster Relief and Emergency for the use of marker-assisted or genomic se- Act (2 U.S.C. 901 and 901a); and Assistance Act (42 U.S.C. 5187) is amended— lection methods; and (ii) the first day of the fiscal year to which (1) by redesignating subsection (d) as sub- ‘‘(B) to conduct research on— the sequestration order applies; and section (e); and ‘‘(i) selection theory; (B) ending on the last day of the fiscal year (2) by inserting after subsection (c) the fol- ‘‘(ii) applied quantitative genetics; to which the sequestration order applies. lowing: ‘‘(iii) conventional breeding for improved (b) PROHIBITION.—Notwithstanding any ‘‘(d) POST DISASTER MITIGATION ASSIST- food quality; other provision of law, an agency may not ANCE.—The President may provide hazard ‘‘(iv) conventional breeding for improved pay a performance award under section 5384 mitigation assistance in accordance with local adaptation to biotic stress and abiotic of title 5, United States Code, to a career ap- section 404 in any area in which assistance stress; and pointee— was provided under this section, whether or ‘‘(v) participatory conventional breeding. (1) during a sequestration period; or not a major disaster had been declared.’’. ‘‘(4) ELIGIBLE ENTITIES.—The Secretary (2) that relates to any period of service per- (b) CONFORMING AMENDMENTS.—The Robert may carry out the initiative established by formed during a fiscal year during which a T. Stafford Disaster Relief and Emergency paragraph (2) through grants to— sequestration order under section 251 or 251A Assistance Act (42 U.S.C. 5121 et seq.) is ‘‘(A) institutions of higher education; of the Balanced Budget and Emergency Def- amended— ‘‘(B) research institutions or organizations; icit Control Act (2 U.S.C. 901 and 901a) is in (1) in section 404(a) (42 U.S.C. 5170c(a))— ‘‘(C) private organizations or corporations; effect. (A) by inserting before the first period ‘‘, ‘‘(D) State agricultural experiment sta- or any area in which assistance was provided tions; SA 1077. Mr. HEINRICH (for himself, under section 420’’; and ‘‘(E) individuals; or Mr. HELLER, Mr. BENNET, Mr. UDALL of (B) in the third sentence, by inserting ‘‘or ‘‘(F) groups consisting of 2 or more entities New Mexico, and Mr. UDALL of Colo- event under section 420’’ after ‘‘major dis- or individuals described in subparagraphs (A) rado) submitted an amendment in- aster’’ each place that term appears; and through (E).

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‘‘(5) RESEARCH PROJECT GRANTS.—In car- ‘‘(7) FIRE LIABILITY PROVISIONS.—Not later ‘‘(v) INTERVIEW AUTHORITY.— rying out this subsection, the Secretary than 90 days after the date of enactment of ‘‘(1) IN GENERAL.—The Secretary shall give shall— this section, the Chief and the Director shall each participating State the option to carry ‘‘(A) seek and accept proposals for grants; issue for use in all contracts and agreements out the supplemental nutrition assistance ‘‘(B) award grants on a competitive basis; under subsection (b) fire liability provisions program by allowing nonprofit organizations ‘‘(C) determine the relevance and merit of that are in substantially the same form as and area agencies on aging to conduct the proposals through a system of peer review, in the fire liability provisions contained in— eligibility interview for applicant house- consultation with experts in conventional ‘‘(A) integrated resource timber contracts, holds, in accordance with the interview proc- breeding; as described in the Forest Service contract ess of the State. ‘‘(D) award grants on the basis of merit, numbered 2400–13, part H, section H.4; and ‘‘(2) CRITERIA.—Any nonprofit organization quality, and relevance; and ‘‘(B) timber sale contracts conducted pur- or area agency on aging allowed to conduct ‘‘(E) award grants for a term that is prac- suant to section 14 of the National Forest an interview under paragraph (1) shall be se- ticable for conventional cultivar develop- Management Act of 1976 (16 U.S.C. 472a). lected at the discretion of the head of the ment. State agency responsible for administering ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— SA 1083. Mr. CRUZ submitted an the supplemental nutrition assistance pro- There is authorized to be appropriated to amendment intended to be proposed by gram in the State.’’. carry out this subsection $25,000,000 for each him to the bill S. 954, to reauthorize of fiscal years 2014 through 2018.’’; agricultural programs through 2018; SA 1087. Mr. BROWN submitted an (7) in subsection (k) (as redesignated by which was ordered to lie on the table; amendment intended to be proposed by paragraph (5)), by striking ‘‘2012’’ each place as follows: him to the bill S. 954, to reauthorize it appears and inserting ‘‘2018’’; and (8) in subsection (l) (as redesignated by At the appropriate place, insert the fol- agricultural programs through 2018; para- lowing: which was ordered to lie on the table; SEC. llll. PROHIBITION ON MANDATORY OR as follows: COMPULSORY CHECK OFF PRO- SA 1081. Mr. VITTER submitted an On page 846, line 22, insert ‘‘unless the Sec- amendment intended to be proposed by GRAMS. Notwithstanding any other provision of retary determines at least 25 percent of the him to the bill S. 954, to reauthorize law, no program to promote and provide re- households in a proposed service area that is agricultural programs through 2018; search and information for a particular agri- capable of receiving broadband service are which was ordered to lie on the table; cultural commodity without reference to 1 not purchasing the minimum acceptable as follows: or more specific producers or brands (com- level of broadband service’’ after ‘‘under sub- On page 998, strike lines 11 through 20 and monly known as a ‘‘check-off program’’) section (e)’’. insert the following: shall be mandatory or compulsory. (A) in subsection (b)— SA 1088. Mr. BROWN (for himself, Mr. CRUZ submitted an (i) in paragraph (2)— SA 1084. Mr. TESTER, Mr. SCHATZ, Mr. REED, Mr. amendment intended to be proposed by (I) in subparagraph (C), by striking ‘‘and’’ WYDEN, Mr. HEINRICH, Mrs. GILLIBRAND, at the end; him to the bill S. 954, to reauthorize and Mr. COWAN) submitted an amend- (II) by redesignating subparagraph (D) as agricultural programs through 2018; subparagraph (E); and ment intended to be proposed by him which was ordered to lie on the table; to the bill S. 954, to reauthorize agri- (III) by inserting after subparagraph (C) as follows: the following: cultural programs through 2018; which ‘‘(D) a council (as defined in section 1528 of At the appropriate place, insert the fol- was ordered to lie on the table; as fol- lowing: the Agriculture and Food Act of 1981 (16 lows: U.S.C. 3451)); and’’; and SEC. 12lll. REPEAL OF RENEWABLE FUEL STANDARD. Beginning on page 380, strike line 24 and (ii) by striking paragraph (4) and inserting (a) IN GENERAL.—Section 211 of the Clean all that follows through page 381, line 13, and the following: Air Act (42 U.S.C. 7545) is amended by strik- insert the following: ‘‘(4) USE OF GRANT FUNDS.— ing subsection (o). (A) in paragraph (1)(B)— ‘‘(A) IN GENERAL.—A recipient of a grant (b) ADDITIONAL REPEAL.—Section 204 of the (i) in clause (i)— under paragraph (1) shall use the grant funds Energy Independence and Security Act of (I) by striking subclause (I) and inserting to assist agricultural producers and rural 2007 (42 U.S.C. 7545 note; Public Law 110-140) the following: small businesses by— is repealed. ‘‘(I) to create or implement a coordinated ‘‘(i) conducting and promoting energy au- (c) REGULATIONS.—Beginning on the date of community plan to meet the food security dits; and enactment of this Act, the regulations under needs of low-income individuals;’’; ‘‘(ii) providing recommendations and infor- subparts K and M of part 80 of title 40, Code (II) in subclause (II), by inserting ‘‘and ef- mation on how— of Federal Regulations (as in effect on that fectiveness’’ after ‘‘self-reliance’’; ‘‘(I) to improve the energy efficiency of the date of enactment), shall have no force or ef- (III) in subclause (III), by inserting ‘‘food operations of the agricultural producers and fect. access,’’ after ‘‘food,’’; and rural small businesses; and (ii) in clause (ii), by striking subclause (I) ‘‘(II) to use renewable energy technologies SA 1085. Mr. CRUZ submitted an and inserting the following: and resources in the operations. amendment intended to be proposed by ‘‘(I) infrastructure improvement and devel- ‘‘(B) CERTIFICATION.—Before a recipient of him to the bill S. 954, to reauthorize opment;’’; and a grant under paragraph (1) uses the grant On page 381, between lines 20 and 21, insert funds to build a wind turbine, the Secretary agricultural programs through 2018; the following: shall certify that the wind turbine will not which was ordered to lie on the table; (2) in subsection (b)(2)(B), by striking injure— as follows: ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; ‘‘(i) any species listed as an endangered At the appropriate place, insert the fol- species or threatened species under the En- lowing: On page 381, line 21, strike ‘‘(2)’’ and insert ‘‘(3)’’. dangered Species Act of 1973 (16 U.S.C. 1531 et SEC. 12lll. ADMINISTRATION. seq.); Notwithstanding any other provision of On page 381, strike lines 22 through 24 and ‘‘(ii) any migratory bird covered by the Mi- law, the carrying out of this Act and the insert the following: gratory Bird Treaty Act (16 U.S.C. 703 et amendments made by this Act shall not be (A) in the matter preceding paragraph (1), seq.); or done in a manner that targets any individ- by inserting ‘‘or a nonprofit entity working ‘‘(iii) any bald or golden eagle covered by uals or groups on the basis of ideology or po- in partnership with a State, local, or tribal the Act entitled ‘An Act for the protection of litical affiliation. government agency or community health or- the bald eagle’, approved June 8, 1940 (16 ganization’’ after ‘‘nonprofit entity’’; U.S.C. 668 et seq.).’’; and SA 1086. Mr. SANDERS submitted an On page 382, strike lines 7 through 10 and amendment intended to be proposed by insert the following: SA 1082. Mr. FLAKE (for himself, Mr. him to the bill S. 954, to reauthorize ‘‘(C) efforts to reduce food insecurity in the community, including increasing access to MCCAIN, Mr. UDALL of Colorado, Mr. agricultural programs through 2018; CRAPO, Mr. RISCH, and Mr. BAUCUS) food services or improving coordination of which was ordered to lie on the table; services and programs;’’; submitted an amendment intended to as follows: be proposed by him to the bill S. 954, to Beginning on page 382, strike line 19 and On page 378, between lines 15 and 16, insert all that follows through page 383, line 12, and reauthorize agricultural programs the following: insert the following: through 2018; which was ordered to lie SEC. 4lll. INTERVIEW AUTHORITY. (4) in subsection (d), by striking para- on the table; as follows: Section 11 of the Food and Nutrition Act of graphs (3) and (4) and inserting the following: On page 975, between lines 12 and 13, insert 2008 (7 U.S.C. 2020) is amended by adding at ‘‘(3) develop innovative linkages between the following: the end the following: the for-profit, nonprofit, and public sectors;

VerDate Mar 15 2010 04:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.054 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3774 CONGRESSIONAL RECORD — SENATE May 22, 2013 ‘‘(4) encourage long-term planning activi- ‘‘(i) targets and strengthens the profit- corporate into the loan, or reduce the guar- ties and multisystem interagency ap- ability and competitiveness of small- and antee loan fee that would otherwise be im- proaches with multistakeholder collabora- medium-sized farms that are structured as posed under this paragraph. tions (such as food policy councils, food family farms; and On page 1025, line 8, strike ‘‘$20,000,000’’ and planning associations, and hunger-free com- ‘‘(ii) obtains agreement from an eligible insert ‘‘$30,000,000’’. munity coalitions) that build the long-term agricultural producer group, farmer coopera- capacity of communities to address the food, tive, or majority-controlled producer-based SA 1089. Mr. BROWN (for himself and food security, and agricultural problems of business venture that is engaged in the value Mr. COWAN) submitted an amendment the communities; chain on a marketing strategy. intended to be proposed by him to the ‘‘(5) develop new resources and strategies ‘‘(C) VALUE-ADDED AGRICULTURAL PROD- bill S. 954, to reauthorize agricultural to help reduce food insecurity in the commu- UCT.—The term ‘value-added agricultural programs through 2018; which was or- product’ means any agricultural commodity nity and prevent food insecurity in the fu- dered to lie on the table; as follows: ture; or or product— ‘‘(6) achieve goal 2 or 3 of the hunger-free ‘‘(i) that— On page 167, line 18, strike ‘‘$750,000’’ and communities goals.’’; ‘‘(I) has undergone a change in physical insert ‘‘$500,000’’. On page 383, strike lines 13 through 16 and state; On page 384, line 22, strike ‘‘$22,000,000’’ and insert the following: ‘‘(II) was produced in a manner that en- insert ‘‘$28,000,000’’. (5) in subsection (f)(2), by striking ‘‘3 hances the value of the agricultural com- On page 384, line 24, strike ‘‘$18,000,000’’ and years’’ and inserting ‘‘5 years’’; modity or product, as demonstrated through insert ‘‘$44,000,000’’. (6) by striking subsection (h) and inserting a business plan that shows the enhanced On page 385, line 2, strike ‘‘$10,000,000; and’’ the following: value, as determined by the Secretary; and insert ‘‘$24,000,000;’’. On page 384, line 2, strike the period at the ‘‘(III) is physically segregated in a manner On page 385, line 4, strike ‘‘$4,000,00.’’; and’’ end and insert ‘‘; and’’. that results in the enhancement of the value and insert ‘‘$18,000,000; and’’. On page 385, between lines 4 and 5, insert On page 384, between lines 2 and 3, insert of the agricultural commodity or product; the following: the following: ‘‘(IV) is a source of farm-based renewable ‘‘(v) for fiscal year 2018 and each fiscal year (7) in subsection (i)— energy, including E–85 fuel; or thereafter, $10,000,000.’’; and (A) in paragraph (1)— ‘‘(V) is aggregated and marketed as a lo- (i) in the matter preceding subparagraph cally produced agricultural food product or Mr. BROWN submitted an (A), by striking ‘‘and recommend to the tar- as part of a mid-tier value chain; and SA 1090. geted entities’’ and inserting ‘‘create a na- ‘‘(ii) for which, as a result of the change in amendment intended to be proposed by tionally accessible web-based clearinghouse physical state or the manner in which the him to the bill S. 954, to reauthorize of regulations, zoning provisions, and best agricultural commodity or product was pro- agricultural programs through 2018; practices by government and the private and duced, marketed, or segregated— which was ordered to lie on the table; nonprofit sectors that have been shown to ‘‘(I) the customer base for the agricultural as follows: improve community food security, and pro- commodity or product is expanded; and On page 921, line 3, strike ‘‘shall’’ and in- vide to targeted entities training, technical ‘‘(II) a greater portion of the revenue de- assistance, and’’; and sert ‘‘may’’. rived from the marketing, processing, or On page 921, line 24, strike ‘‘$10,000,000’’ and (ii) by striking subparagraphs (C) and (D) physical segregation of the agricultural com- insert ‘‘$20,000,000’’. and inserting the following: modity or product is available to the pro- ‘‘(C) health disparities; ducer of the commodity or product. ‘‘(D) food insecurity;’’; and On page 639, line 5, insert ‘‘on a competi- SA 1091. Mr. MCCAIN submitted an (B) in paragraph (4), by striking ‘‘$200,000’’ tive basis’’ after grants. amendment intended to be proposed by and inserting ‘‘$500,000’’. On page 640, strike lines 12 through 21 and him to the bill S. 954, to reauthorize On page 396, strike lines 8 through 12 and insert the following: agricultural programs through 2018; insert the following: ‘‘(i) PRIORITY.—In awarding grants under which was ordered to lie on the table; SEC. 4202. SENIORS FARMERS’ MARKET NUTRI- this subsection, the Secretary shall— as follows: TION PROGRAM. ‘‘(I) in the case of a grant under subpara- Section 4402 of the Farm Security and graph (A)(i), give priority to— Strike section 1602 and insert the fol- Rural Investment Act of 2002 (7 U.S.C. 3007) ‘‘(aa) operators of small- and medium-sized lowing: is amended by striking subsection (a) and in- farms and ranches that are structured as SEC. 1602. REPEAL OF PERMANENT PRICE SUP- serting the following: family farms; or PORT AUTHORITY. ‘‘(a) FUNDING.—Of the funds of the Com- ‘‘(bb) beginning farmers and ranchers or (a) AGRICULTURAL ADJUSTMENT ACT OF modity Credit Corporation, the Secretary of socially disadvantaged farmers or ranchers; 1938.—The following provisions of the Agri- Agriculture shall use to carry out and ex- and cultural Adjustment Act of 1938 are repealed: pand the seniors farmers’ market nutrition ‘‘(II) in the case of a grant under subpara- (1) Parts II through V of subtitle B of title program— graph (A)(ii), give priority to projects (in- III (7 U.S.C. 1326 et seq.). ‘‘(1) $2,500,000 for fiscal year 2014; and cluding farmer cooperative projects) that (2) Section 377 (7 U.S.C. 1377). ‘‘(2) $5,000,000 for each of fiscal years 2015 best contribute to— (3) Subtitle D of title III (7 U.S.C. 1379a et through 2018.’’. ‘‘(aa) increasing opportunities for opera- seq.). On page 420, strike lines 13 through 16 and tors of small- and medium-sized farms and (4) Title IV (7 U.S.C. 1401 et seq.). insert the following: ranches that are structured as family farms; (b) AGRICULTURAL ACT OF 1949.—The fol- ‘‘(1) MANDATORY FUNDING.—Of the funds of or lowing provisions of the Agricultural Act of the Commodity Credit Corporation, the Sec- ‘‘(bb) creating opportunities for beginning 1949 are repealed: retary shall use to carry out this section— farmers and ranchers or socially disadvan- (1) Section 101 (7 U.S.C. 1441). ‘‘(A) $1,000,000 for fiscal year 2014; taged farmers and ranchers. (2) Section 103(a) (7 U.S.C. 1444(a)). ‘‘(B) $2,000,000 for fiscal year 2015; On page 642, line 21, strike ‘‘June 30 of’’ and (3) Section 105 (7 U.S.C. 1444b). ‘‘(C) $3,000,000 for fiscal year 2016; insert ‘‘the date on which the Secretary (4) Section 107 (7 U.S.C. 1445a). ‘‘(D) $4,000,000 for fiscal year 2017; and completes the review process for applica- (5) Section 110 (7 U.S.C. 1445e). ‘‘(E) $5,000,000 for fiscal year 2018. tions submitted under this section for’’. (6) Section 112 (7 U.S.C. 1445g). Beginning on page 636, strike line 21 and On page 643, line 4, strike ‘‘$12,500,000’’ and (7) Section 115 (7 U.S.C. 1445k). all that follows through page 639, line 2, and insert ‘‘$20,000,000’’. (8) Section 201 (7 U.S.C. 1446). insert the following: On page 663, strike lines 8 through 23 and (9) Title III (7 U.S.C. 1447 et seq.). ‘‘(A) FAMILY FARM.—The term ‘family’ insert the following: (10) Title IV (7 U.S.C. 1421 et seq.), other farm has the meaning given the term in sec- ‘‘(ii) PRIORITY.—In making or guaranteeing than sections 404, 412, and 416 (7 U.S.C. 1424, tion 761.2 of title 7, Code of Federal Regula- a loan under this paragraph, the Secretary 1429, and 1431). tions (as in effect on December 30, 2007). shall give priority to projects that would— (11) Title V (7 U.S.C. 1461 et seq.). ‘‘(B) MID-TIER VALUE CHAIN.—The term ‘‘(I) result in increased access to locally or (12) Title VI (7 U.S.C. 1471 et seq.). ‘mid-tier value chain’ means a local and re- regionally grown food in underserved com- (c) CERTAIN QUOTA PROVISIONS.—The joint gional supply network (including a network munities; resolution entitled ‘‘A joint resolution relat- that operates through food distribution cen- ‘‘(II) create new market opportunities for ing to corn and wheat marketing quotas ters that coordinate agricultural production agricultural producers; or under the Agricultural Adjustment Act of and the aggregation, storage, processing, dis- ‘‘(III) support strategic economic and com- 1938, as amended’’, approved May 26, 1941 (7 tribution, and marketing of locally or re- munity development regional economic de- U.S.C. 1330 and 1340), is repealed. gionally produced agricultural products) velopment plans on a multijurisdictional (d) PROHIBITION.—Notwithstanding any that links independent producers with busi- basis. other provision of law, including the Com- nesses and cooperatives that market value- ‘‘(iii) GUARANTEE LOAN FEE AND PERCENT- modity Credit Corporation Charter Act (15 added agricultural products in a manner AGE.—In making or guaranteeing a loan U.S.C. 714 et seq.), beginning on October 1, that— under clause (i) the Secretary may waive, in- 2018, the Secretary shall have no authority

VerDate Mar 15 2010 04:58 May 23, 2013 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.047 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3775 to support the price of commodities through appropriate, in the eligible acres for the or sharecropper that shares in the risk of payments or purchases. farm to a total quantity that is the higher producing a crop and is entitled to share in (e) EFFECTIVE DATE.—The amendments of— the crop available for marketing from the made by this section take effect on the date (I) the total base acreage for the farm, less farm, or would have shared had the crop been of enactment of this Act. any upland cotton base acreage, that was produced. suspended during the conservation reserve (B) HYBRID SEED.—In determining whether SA 1092. Mr. THUNE (for himself, Mr. contract; or a grower of hybrid seed is a producer, the ROBERTS, and Mr. JOHANNS) submitted (II) the product obtained by multiplying— Secretary shall— an amendment intended to be proposed (aa) the average proportion that— (i) not take into consideration the exist- by him to the bill S. 954, to reauthorize (AA) the total number of acres planted to ence of a hybrid seed contract; and covered commodities and upland cotton in (ii) ensure that program requirements do agricultural programs through 2018; the county for crop years 2009 through 2012; not adversely affect the ability of the grower which was ordered to lie on the table; bears to to receive a payment under this title. as follows: (BB) the total number of all acres of cov- (14) PULSE CROP.—The term ‘‘pulse crop’’ Strike sections 1104 through 1110 and insert ered commodities, grassland, and upland cot- means dry peas, lentils, small chickpeas, and the following: ton acres in the county for the same crop large chickpeas. SEC. 1104. DEFINITIONS. years; by (15) STATE.—The term ‘‘State’’ means— (bb) the total acres for which coverage has (A) a State; In this subtitle, subtitle B, and subtitle F: expired, voluntarily terminated, or been re- (B) the District of Columbia; (1) ACTUAL CROP REVENUE.—The term ‘‘ac- leased under the conservation reserve con- (C) the Commonwealth of Puerto Rico; and tual crop revenue’’, with respect to a covered tract. (D) any other territory or possession of the commodity for a crop year, means the (ii) The producer has eligible oilseed acre- United States. amount determined by the Secretary under age as the result of the Secretary desig- (16) REFERENCE PRICE.—The term ‘‘ref- section 1105(c)(3). nating additional oilseeds, which shall be de- erence price’’ means the price per bushel, (2) AGRICULTURE RISK COVERAGE GUAR- termined in the same manner as eligible oil- pound, or hundredweight (or other appro- ANTEE.—The term ‘‘agriculture risk coverage seed acreage under section 1101(a)(1)(D) of priate unit) of a covered commodity used to guarantee’’, with respect to a covered com- the Food, Conservation, and Energy Act of determine the actual crop revenue under sec- modity for a crop year, means the amount 2008 (7 U.S.C. 8711(a)(1)(D)). tion 1105(c)(3). determined by the Secretary under section (iii) The producer has any acreage not (17) TRANSITIONAL YIELD.—The term ‘‘tran- 1105(c)(4). cropped during the 2009 through 2012 crop sitional yield’’ has the meaning given the (3) AGRICULTURE RISK COVERAGE PAYMENT.— years, but placed into an established rota- term in section 502(b) of the Federal Crop In- The term ‘‘agriculture risk coverage pay- tion practice for the purposes of enriching surance Act (7 U.S.C. 1502(b)). ment’’ means a payment under section land or conserving moisture for subsequent (18) UNITED STATES.—The term ‘‘United 1105(c). crop years, including summer fallow, as de- States’’, when used in a geographical sense, (4) AVERAGE INDIVIDUAL YIELD.—The term termined by the Secretary. means all of the States. ‘‘average individual yield’’ means the yield (D) EXCLUSION.—The term ‘‘eligible acres’’ SEC. 1105. AGRICULTURE RISK COVERAGE. reported by a producer for purposes of sub- does not include any crop subsequently (a) PAYMENTS REQUIRED.—If the Secretary title A of the Federal Crop Insurance Act (7 planted during the same crop year on the determines that payments are required U.S.C. 1501 et seq.), to the maximum extent same land for which the first crop is eligible under subsection (c), the Secretary shall practicable. for payments under this subtitle, unless the make payments for each covered commodity (5) COUNTY COVERAGE.—For the purposes of crop was planted in an area approved for available to producers in accordance with agriculture risk coverage under section 1105, double cropping, as determined by the Sec- this section. the term ‘‘county coverage’’ means coverage retary. (b) COVERAGE ELECTION.— determined using the total quantity of all (8) EXTRA LONG STAPLE COTTON.—The term (1) IN GENERAL.—For the period of crop acreage in a county of the covered com- ‘‘extra long staple cotton’’ means cotton years 2014 through 2018, the producers shall modity that is planted or prevented from that— make a 1-time, irrevocable election to re- being planted for harvest by a producer with (A) is produced from pure strain varieties ceive— the yield determined by the average county of the Barbadense species or any hybrid of (A) individual coverage under this section, yield described in subsection (c) of that sec- the species, or other similar types of extra as determined by the Secretary; or tion. long staple cotton, designated by the Sec- (B) in the case of a county with sufficient (6) COVERED COMMODITY.— retary, having characteristics needed for data (as determined by the Secretary), coun- (A) IN GENERAL.—The term ‘‘covered com- various end uses for which United States up- ty coverage under this section. modity’’ means wheat, corn, grain sorghum, land cotton is not suitable and grown in irri- (2) EFFECT OF ELECTION.—The election barley, oats, long grain rice, medium grain gated cotton-growing regions of the United made under paragraph (1) shall be binding on rice, pulse crops, soybeans, other oilseeds, States designated by the Secretary or other the producers making the election, regard- and peanuts. areas designated by the Secretary as suitable less of covered commodities planted, and ap- (B) POPCORN.—The Secretary— for the production of the varieties or types; plicable to all acres under the operational (i) shall study the feasibility of including and control of the producers, in a manner that— popcorn as a covered commodity by 2014; and (B) is ginned on a roller-type gin or, if au- (A) acres brought under the operational (ii) if the Secretary determines it to be fea- thorized by the Secretary, ginned on another control of the producers after the election sible, shall designate popcorn as a covered type gin for experimental purposes. are included; and commodity. (9) INDIVIDUAL COVERAGE.—For purposes of (B) acres no longer under the operational (7) ELIGIBLE ACRES.— agriculture risk coverage under section 1105, control of the producers after the election (A) IN GENERAL.—Except as provided in the term ‘‘individual coverage’’ means cov- are no longer subject to the election of the subparagraphs (B) through (D), the term ‘‘el- erage determined using the total quantity of producers but become subject to the election igible acres’’ means all acres planted or pre- all acreage in a county of the covered com- of the subsequent producers. vented from being planted to all covered modity that is planted or prevented from (3) DUTIES OF THE SECRETARY.—The Sec- commodities on a farm in any crop year. being planted for harvest by a producer with retary shall ensure that producers are pre- (B) MAXIMUM.—Except as provided in sub- the yield determined by the average indi- cluded from taking any action, including re- paragraph (C), the total quantity of eligible vidual yield of the producer described in sub- constitution, transfer, or other similar ac- acres on a farm determined under subpara- section (c) of that section. tion, that would have the effect of altering graph (A) shall not exceed the average total (10) MEDIUM GRAIN RICE.—The term ‘‘me- or reversing the election made under para- acres planted or prevented from being plant- dium grain rice’’ includes short grain rice. graph (1). ed to covered commodities and upland cot- (11) OTHER OILSEED.—The term ‘‘other oil- (c) AGRICULTURE RISK COVERAGE.— ton on the farm for the 2009 through 2012 seed’’ means a crop of sunflower seed, (1) PAYMENTS.—The Secretary shall make crop years, as determined by the Secretary. rapeseed, canola, safflower, flaxseed, mus- agriculture risk coverage payments avail- (C) ADJUSTMENT.—The Secretary shall pro- tard seed, crambe, sesame seed, or any oil- able under this subsection for each of the vide for an adjustment, as appropriate, in seed designated by the Secretary. 2014 through 2018 crop years if the Secretary the eligible acres for covered commodities (12) PAYMENT YIELD.—The term ‘‘payment determines that— for a farm if any of the following cir- yield’’ means the yield established for ad- (A) the actual crop revenue for the crop cumstances occurs: verse market payments under section 1102 or year for the covered commodity; is less than (i) If a conservation reserve contract for a 1302 of the Farm Security and Rural Invest- (B) the agriculture risk coverage guarantee farm in a county entered into under section ment Act of 2002 (7 U.S.C. 7912, 7952) as in ef- for the crop year for the covered commodity. 1231 of the Food Security Act of 1985 (16 fect on the date of enactment of this Act for (2) TIME FOR PAYMENTS.—If the Secretary U.S.C. 3831) expires or is voluntarily termi- a farm for a covered commodity. determines under this subsection that agri- nated or cropland is released from coverage (13) PRODUCER.— culture risk coverage payments are required under a conservation reserve contract, the (A) IN GENERAL.—The term ‘‘producer’’ to be made for the covered commodity, be- Secretary shall provide for an adjustment, as means an owner, operator, landlord, tenant, ginning October 1, or as soon as practicable

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thereafter, after the end of the applicable (B) 10 percent of the benchmark revenue (3) MODIFICATION.—At the request of the marketing year for the covered commodity, for the crop year of the covered commodity. transferee or owner, the Secretary may mod- the Secretary shall make the agriculture (7) PAYMENT AMOUNT.—If agriculture risk ify the requirements of this subsection if the risk coverage payments. coverage payments under this subsection are modifications are consistent with the objec- (3) ACTUAL CROP REVENUE.—The amount of required to be paid for any of the 2014 tives of this subsection, as determined by the the actual crop revenue for a crop year of a through 2018 crop years of a covered com- Secretary. covered commodity shall be equal to the modity, the amount of the agriculture risk (b) TRANSFER OR CHANGE OF INTEREST IN product obtained by multiplying— coverage payment for the crop year shall be FARM.— (A)(i) in the case of individual coverage, equal to the product obtained by multi- (1) TERMINATION.— the actual average individual yield for the plying— (A) IN GENERAL.—Except as provided in covered commodity, as determined by the (A) the payment rate under paragraph (5); paragraph (2), a transfer of (or change in) the Secretary; or and interest of the producers on a farm for which (ii) in the case of county coverage, the ac- (B)(i) in the case of individual coverage the agriculture risk coverage payments are tual average yield for the county for the cov- sum of— made shall result in the termination of the ered commodity, as determined by the Sec- (I) 65 percent of the planted eligible acres payments, unless the transferee or owner of retary; and of the covered commodity; and the acreage agrees to assume all obligations (B) the higher of— (II) 45 percent of the eligible acres that under subsection (a). (i) the national average market price re- were prevented from being planted to the (B) EFFECTIVE DATE.—The termination covered commodity; or ceived by producers during the 12-month shall take effect on the date determined by (ii) in the case of county coverage— marketing year for the covered commodity, the Secretary. (I) 80 percent of the planted eligible acres as determined by the Secretary; or (2) EXCEPTION.—If a producer entitled to an of the covered commodity; and (ii) if applicable, the reference price for the agriculture risk coverage payment dies, be- (II) 45 percent of the eligible acres that covered commodity under paragraph (4). comes incompetent, or is otherwise unable to were prevented from being planted to the (4) REFERENCE PRICE.—The reference price receive the payment, the Secretary shall covered commodity. for a covered commodity shall be determined make the payment, in accordance with rules (8) DUTIES OF THE SECRETARY.—In carrying as follows: issued by the Secretary. out the program under this subsection, the (c) REPORTS.— (A) IN GENERAL.—Subject to subparagraph Secretary shall— (1) ACREAGE REPORTS.—As a condition on (B), the reference price for a covered com- (A) to the maximum extent practicable, the receipt of any benefits under this sub- modity shall be the product obtained by mul- use all available information and analysis to title or subtitle B, the Secretary shall re- tiplying— check for anomalies in the determination of quire producers on a farm to submit to the (i) 55 percent; by payments under the program; Secretary annual acreage reports with re- (ii) the average national marketing year (B) to the maximum extent practicable, spect to all cropland on the farm. average price for the most recent 5 crop calculate a separate actual crop revenue and (2) PRODUCTION REPORTS.—As a condition years, excluding each of the crop years with agriculture risk coverage guarantee for irri- on the receipt of any benefits under section the highest and lowest prices. gated and nonirrigated covered commodities; 1105, the Secretary shall require producers (B) ALTERNATIVE PRICE FOR RICE AND PEA- (C) differentiate by type or class the na- on a farm to submit to the Secretary annual NUTS.—In the case of long and medium grain tional average price of— production reports with respect to all cov- rice and peanuts, the reference price shall (i) sunflower seeds; ered commodities produced on the farm. be— (ii) barley, using malting barley values; (3) PENALTIES.—No penalty with respect to (i) in the case of long and medium grain and benefits under this subtitle or subtitle B rice, $13.00 per hundredweight; and (iii) wheat; and shall be assessed against the producers on a (ii) in the case of peanuts, $530.00 per ton. (D) assign a yield for each acre planted or farm for an inaccurate acreage or production (5) AGRICULTURE RISK COVERAGE GUAR- prevented from being planted for the crop report unless the producers on the farm ANTEE.— year for the covered commodity on the basis knowingly and willfully falsified the acreage (A) IN GENERAL.—The agriculture risk cov- of the yield history of representative farms or production report. erage guarantee for a crop year for a covered in the State, region, or crop reporting dis- (4) DATA REPORTING.—To the maximum ex- commodity shall equal 88 percent of the trict, as determined by the Secretary, if the tent practicable, the Secretary shall use benchmark revenue. Secretary cannot establish the yield as de- data reported by the producer pursuant to (B) BENCHMARK REVENUE.— termined under paragraph (3)(A)(ii) or requirements under the Federal Crop Insur- (i) IN GENERAL.—The benchmark revenue (5)(B)(i) or if the yield determined under ance Act (7 U.S.C. 1501 et seq.) to meet the shall be the product obtained by multi- paragraph (3)(A)(ii) or (5) is an unrepresenta- obligations described in paragraphs (1) and plying— tive average yield for the covered com- (2), without additional submissions to the (I)(aa) in the case of individual coverage, modity as determined by the Secretary. Department. subject to clause (ii), the average individual SEC. 1106. PRODUCER AGREEMENT REQUIRED AS (d) TENANTS AND SHARECROPPERS.—In car- yield, as determined by the Secretary, for CONDITION OF PROVISION OF PAY- rying out this subtitle, the Secretary shall the most recent 5 crop years, excluding each MENTS. provide adequate safeguards to protect the of the crop years with the highest and lowest (a) COMPLIANCE WITH CERTAIN REQUIRE- interests of tenants and sharecroppers. yields; or MENTS.— (e) SHARING OF PAYMENTS.—The Secretary (bb) in the case of county coverage, the av- (1) REQUIREMENTS.—Before the producers shall provide for the sharing of agriculture erage county yield, as determined by the on a farm may receive agriculture risk cov- risk coverage payments among the producers Secretary, for the most recent 5 crop years, erage payments, the producers shall agree, on a farm on a fair and equitable basis. excluding each of the crop years with the during the crop year for which the payments SEC. 1107. PERIOD OF EFFECTIVENESS. highest and lowest yields; and are made and in exchange for the payments— Sections 1104 through 1106 shall be effec- (II) the average national marketing year (A) to comply with applicable conservation tive beginning with the 2014 crop year of average price for the most recent 5 crop requirements under subtitle B of title XII of each covered commodity through the 2018 years, excluding each of the crop years with the Food Security Act of 1985 (16 U.S.C. 3811 crop year. the highest and lowest prices. et seq.); (ii) USE OF TRANSITIONAL YIELDS.—If the (B) to comply with applicable wetland pro- SA 1093. Mr. LEAHY (for himself, Mr. yield determined under clause (i)(I)(aa)— tection requirements under subtitle C of COWAN, and Ms. COLLINS) submitted an (I) for the 2013 crop year or any prior crop title XII of that Act (16 U.S.C. 3821 et seq.); amendment intended to be proposed by year, is less than 60 percent of the applicable (C) to use the land on the farm for an agri- transitional yield, the Secretary shall use 60 cultural or conserving use in a quantity him to the bill S. 954, to reauthorize percent of the applicable transitional yield equal to the attributable eligible acres of the agricultural programs through 2018; for that crop year; and farm, and not for a nonagricultural commer- which was ordered to lie on the table; (II) for the 2014 crop year and any subse- cial, industrial, or residential use, as deter- as follows: quent crop year, is less than 65 percent of the mined by the Secretary; and On page 216, line 15, strike ‘‘and’’ at the applicable transitional yield, the Secretary (D) to effectively control noxious weeds end. shall use 65 percent of the applicable transi- and otherwise maintain the land in accord- On page 217, strike line 21 and insert the tional yield for that crop year. ance with sound agricultural practices, as following: (6) PAYMENT RATE.—The payment rate for determined by the Secretary, if the agricul- habitat.’’; and each covered commodity shall be equal to tural or conserving use involves the noncul- (6) in subsection (i)— the lesser of— tivation of any portion of the land referred (A) by striking paragraph (3); and (A) the amount that— to in subparagraph (C). (B) by redesignating paragraphs (4) and (5) (i) the agriculture risk coverage guarantee (2) COMPLIANCE.—The Secretary may issue as paragraphs (3) and (4), respectively. for the covered commodity; exceeds such rules as the Secretary considers nec- (ii) the actual crop revenue for the crop essary to ensure producer compliance with SA 1094. Mr. BROWN (for himself and year of the covered commodity; or the requirements of paragraph (1). Mr. JOHANNS) submitted an amendment

VerDate Mar 15 2010 04:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.058 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3777 intended to be proposed by him to the measure rule with respect to any farm, the (4) State governments and agencies are the bill S. 954, to reauthorize agricultural Administrator shall— primary authority in almost all States for programs through 2018; which was or- (1) require certification of compliance with the protection of water quality under the dered to lie on the table; as follows: the rule by— Federal Water Pollution Control Act (33 (A) a professional engineer for a farm U.S.C. 1251 et seq.); In section 1001D(b)(1)(A) of the Food Secu- with— (5) State agencies maintain records on rity Act of 1985 (7 U.S.C. 1308–3a) (as amended (i) an individual tank with an aboveground livestock operations and have the authority by section 1605(a)), strike ‘‘$750,000’’ and in- storage capacity greater than 10,000 gallons; to address water quality issues where need- sert ‘‘$500,000’’. (ii) an aggregate aboveground storage ca- ed; and pacity greater than 20,000 gallons; or SA 1095. Mr. CARDIN (for himself, (6) there is no discernible environmental or (iii) a reportable oil discharge history; or scientifically research-related need to create Mr. BOOZMAN, Ms. MIKULSKI, and Mr. (B) the owner or operator of the farm (via a database or other system of records of live- COONS) submitted an amendment in- self-certification) for a farm with— stock operations in the United States by the tended to be proposed by him to the (i) an aggregate aboveground storage ca- Administrator. bill S. 954, to reauthorize agricultural pacity not more than 20,000 gallons and not programs through 2018; which was or- less than the lesser of— (b) DEFINITIONS.—In this section: (1) ADMINISTRATOR.—The term ‘‘Adminis- dered to lie on the table; as follows: (I) 6,001 gallons; or (II) the adjustment described in subsection trator’’ means the Administrator of the En- Beginning on page 131 strike ‘‘Secretary’’ (d)(2); and vironmental Protection Agency. on line 22 and all that follows through page (ii) no reportable oil discharge history of (2) AGENCY.—The term ‘‘Agency’’ means 132, line 9, and insert the following: ‘‘Sec- oil; and the Environmental Protection Agency. retary— (2) not require a certification of a state- (3) LIVESTOCK OPERATION.—The term ‘‘live- (i) assumes the production and market ment of compliance with the rule— stock operation’’ includes any operation in- risks associated with the agricultural pro- (A) subject to subsection (d), with an ag- volved in the raising or finishing of livestock duction of crops or livestock; or gregate aboveground storage capacity of not and poultry. (ii) experiences revenue losses under a pro- less than 2,500 gallons and not more than duction contract due to a disaster. (c) PROCUREMENT AND DISCLOSURE OF IN- 6,000 gallons; and (B) DESCRIPTION.—An individual or entity FORMATION.— (B) no reportable oil discharge history; and referred to in subparagraph (A) is— (1) PROHIBITION.— (3) not require a certification of a state- (i) a citizen of the United States; (A) IN GENERAL.—Except as provided in ment of compliance with the rule for an ag- (ii) a resident alien; paragraph (2), the Administrator, any officer gregate aboveground storage capacity of not (iii) a partnership of citizens of the United or employee of the Agency, or any con- more than 2,500 gallons. States; tractor or cooperator of the Agency, shall (c) CALCULATION OF AGGREGATE ABOVE- (iv) a corporation, limited liability cor- not disclose the information described in GROUND STORAGE CAPACITY.—For purposes of poration, or other farm organizational struc- subsection (b), the aggregate aboveground subparagraph (B) of any owner, operator, or ture organized under State law; or storage capacity of a farm excludes— employee of a livestock operation provided (v) a contract grower. (1) all containers on separate parcels that to the Agency by a livestock producer or a On page 133, line 21, insert ‘‘that are pro- have a capacity that is 1,000 gallons or less; State agency in accordance with the Federal hibited from replacing livestock due to Fed- and Water Pollution Control Act (33 U.S.C. 1251 eral or State quarantine orders or’’ after ‘‘on (2) all containers holding animal feed in- et seq.). farms’’. gredients approved for use in livestock feed (B) INFORMATION DESCRIBED.—The informa- tion referred to in subparagraph (A) is— SA 1096. Mr. INHOFE (for himself, by the Commissioner of Food and Drugs. (d) STUDY.— (i) names; Mr. PRYOR, and Mrs. FISCHER) sub- (1) IN GENERAL.—Not later than 12 months (ii) telephone numbers; mitted an amendment intended to be of the date of enactment of this Act, the Ad- (iii) email addresses; proposed by him to the bill S. 954, to ministrator, in consultation with the Sec- (iv) physical addresses; reauthorize agricultural programs retary of Agriculture, shall conduct a study (v) Global Positioning System coordinates; through 2018; which was ordered to lie to determine the appropriate exemption or on the table; as follows: under subsection (b)(2)(A) and (b)(1)(B) to not (vi) other identifying information regard- On page 1150, after line 15, add the fol- more than 6,000 gallons and not less than ing the location of the owner, operator, or lowing: 2,500 gallons, based on a significant rise of employee. discharge to water. (2) EFFECT.—Nothing in paragraph (1) af- SEC. 122ll. APPLICABILITY OF SPILL PREVEN- TION, CONTROL, AND COUNTER- (2) ADJUSTMENT.—Not later than 18 months fects— MEASURE RULE. after the date on which the study described (A) the disclosure of information described (a) DEFINITIONS.—In this section: in paragraph (1) is complete, the Adminis- in paragraph (1) if— (1) ADMINISTRATOR.—The term ‘‘Adminis- trator, in consultation with the Secretary of (i) the information has been transformed trator’’ means the Administrator of the En- Agriculture, shall promulgate a rule to ad- into a statistical or aggregate form at the vironmental Protection Agency. just the exemption levels described in sub- county level or higher without any informa- (2) FARM.—The term ‘‘farm’’ has the mean- section (b)(2)(A) and (b)(1)(B) in accordance tion that identifies the agricultural oper- ing given the term in section 112.2 of title 40, with the study. ation or agricultural producer; or Code of Federal Regulations (or successor (ii) the livestock producer consents to the regulations). SA 1097. Mr. GRASSLEY (for him- disclosure; (3) GALLON.—The term ‘‘gallon’’ means a self, Mr. DONNELLY, and Mr. JOHANNS) (B) the authority of any State agency to United States liquid gallon. submitted an amendment intended to collect information on livestock operations; (4) OIL.—The term ‘‘oil’’ has the meaning be proposed by him to the bill S. 954, to or given the term in section 112.2 of title 40, reauthorize agricultural programs (C) the authority of the Agency to disclose Code of Federal Regulations (or successor through 2018; which was ordered to lie the information on livestock operations to regulations). on the table; as follows: State or other Federal governmental agen- (5) OIL DISCHARGE.—The term ‘‘oil dis- cies. charge’’ has the meaning given the term On page 1125, after line 23, insert the fol- (3) CONDITION OF PERMIT OR OTHER PRO- ‘‘discharge’’ in section 112.2 of title 40, Code lowing: GRAMS.—The approval of any permit, prac- of Federal Regulations (or successor regula- SEC. 12108. LIVESTOCK INFORMATION DISCLO- tice, or program administered by the Admin- tions). SURE. istrator shall not be conditioned on the con- (6) REPORTABLE OIL DISCHARGE HISTORY.— (a) FINDINGS.—Congress finds that— sent of the livestock producer under para- The term ‘‘reportable oil discharge history’’ (1) United States livestock producers sup- graph (2)(A)(ii). has the meaning used to describe the legal ply a vital link in the food supply of the requirement to report a discharge of oil United States, which is listed as a critical under applicable law. infrastructure by the Secretary of Homeland SA 1098. Mr. BOOZMAN submitted an (7) SPILL PREVENTION, CONTROL, AND COUN- Security; amendment intended to be proposed by (2) domestic terrorist attacks have oc- TERMEASURE RULE.—The term ‘‘Spill Preven- him to the bill S. 954, to reauthorize tion, Control, and Countermeasure rule’’ curred at livestock operations across the means the regulation, including amend- United States, endangering the lives and agricultural programs through 2018; ments, promulgated by the Administrator property of people of the United States; which was ordered to lie on the table; under part 112 of title 40, Code of Federal (3) livestock operations in the United as follows: Regulations (or successor regulations). States are largely family owned and oper- (b) CERTIFICATION.—In implementing the ated with most families living at the same On page 1150, after line 15, add the fol- Spill Prevention, Control, and Counter- location as the livestock operation; lowing:

VerDate Mar 15 2010 04:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.058 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3778 CONGRESSIONAL RECORD — SENATE May 22, 2013 Subtitle D—Congressional Review of Agency riod provided in subsection (b)(2), then a (A) bears no preamble; Rulemaking in Cases of Negative Effect on joint resolution of approval relating to the (B) bears the following title (with blanks Access to Affordable Food same rule may not be considered under this filled as appropriate): ‘‘Approving the rule SEC. 12301. CONGRESSIONAL REVIEW OF AGENCY subtitle in the same Congress by either the submitted by lll relating to lll.’’; RULEMAKING IN CASES OF NEGA- House of Representatives or the Senate. (C) includes after its resolving clause only TIVE EFFECT ON ACCESS TO AF- (b)(1) A major rule shall not take effect un- the following (with blanks filled as appro- FORDABLE FOOD. less the Congress enacts a joint resolution of priate): ‘‘That Congress approves the rule Effective beginning on the date of enact- approval described under section 12303. submitted by lll relating to lll.’’; and ment of this Act, if the Secretary determines (2) If a joint resolution described in sub- (D) is introduced pursuant to paragraph that a rule promulgated by any Federal section (a) is not enacted into law by the end (2). agency could have a negative effect on ac- of 70 session days or legislative days, as ap- (2) After a House of Congress receives a re- cess by any individual to affordable food the plicable, beginning on the date on which the port classifying a rule as major pursuant to procedures described in this subtitle shall report referred to in subsection (a)(1)(A) is section 12302(a)(1)(A)(iii), the majority leader take effect and supercede the provisions of received by Congress (excluding days either of that House (or his or her respective des- chapter 8 of title 5, United States Code. House of Congress is adjourned for more than ignee) shall introduce (by request, if appro- SEC. 12302. CONGRESSIONAL REVIEW. 3 days during a session of Congress), then the priate) a joint resolution described in para- (a)(1)(A) Before a rule may take effect, the rule described in that resolution shall be graph (1)— Federal agency promulgating such rule shall deemed not to be approved and such rule (A) in the case of the House of Representa- submit to each House of the Congress and to shall not take effect. tives, within three legislative days; and the Comptroller General a report con- (c)(1) Notwithstanding any other provision (B) in the case of the Senate, within three taining— of this section (except subject to paragraph session days. (i) a copy of the rule; (3)), a major rule may take effect for one 90- (3) A joint resolution described in para- (ii) a concise general statement relating to calendar-day period if the President makes a graph (1) shall not be subject to amendment the rule; determination under paragraph (2) and sub- at any stage of proceeding. (iii) a classification of the rule as a major mits written notice of such determination to (b) A joint resolution described in sub- or nonmajor rule, including an explanation the Congress. section (a) shall be referred in each House of of the classification specifically addressing (2) Paragraph (1) applies to a determina- Congress to the committees having jurisdic- each criteria for a major rule contained tion made by the President by Executive tion over the provision of law under which within subparagraphs (A) through (C) of sec- order that the major rule should take effect the rule is issued. tion 12305(2); because such rule is— (c) In the Senate, if the committee or com- (iv) a list of any other related regulatory (A) necessary because of an imminent mittees to which a joint resolution described actions intended to implement the same threat to health or safety or other emer- in subsection (a) has been referred have not statutory provision or regulatory objective gency; reported it at the end of 15 session days after as well as the individual and aggregate eco- (B) necessary for the enforcement of crimi- its introduction, such committee or commit- nomic effects of those actions; and nal laws; tees shall be automatically discharged from (v) the proposed effective date of the rule. (C) necessary for national security; or further consideration of the resolution and it (B) On the date of the submission of the re- (D) issued pursuant to any statute imple- shall be placed on the calendar. A vote on port under subparagraph (A), the Federal menting an international trade agreement. final passage of the resolution shall be taken agency promulgating the rule shall submit (3) An exercise by the President of the au- on or before the close of the 15th session day to the Comptroller General and make avail- thority under this subsection shall have no after the resolution is reported by the com- able to each House of Congress— effect on the procedures under section 12303. mittee or committees to which it was re- (i) a complete copy of the cost-benefit (d)(1) In addition to the opportunity for re- ferred, or after such committee or commit- analysis of the rule, if any, including an view otherwise provided under this subtitle, tees have been discharged from further con- analysis of any jobs added or lost, differen- in the case of any rule for which a report was sideration of the resolution. tiating between public and private sector submitted in accordance with subsection (d)(1) In the Senate, when the committee jobs; (a)(1)(A) during the period beginning on the or committees to which a joint resolution is (ii) the agency’s actions pursuant to sec- date occurring— referred have reported, or when a committee tions 603, 604, 605, 607, and 609 of title 5, (A) in the case of the Senate, 60 session or committees are discharged (under sub- United States Code; days, or section (c)) from further consideration of a (iii) the agency’s actions pursuant to sec- (B) in the case of the House of Representa- joint resolution described in subsection (a), tions 202, 203, 204, and 205 of the Unfunded tives, 60 legislative days, it is at any time thereafter in order (even Mandates Reform Act of 1995; and before the date the Congress is scheduled to though a previous motion to the same effect (iv) any other relevant information or re- adjourn a session of Congress through the has been disagreed to) for a motion to pro- quirements under any other Act and any rel- date on which the same or succeeding Con- ceed to the consideration of the joint resolu- evant Executive orders. gress first convenes its next session, sections tion, and all points of order against the joint (C) Upon receipt of a report submitted 12303 and 12304 shall apply to such rule in the resolution (and against consideration of the under subparagraph (A), each House shall succeeding session of Congress. joint resolution) are waived. The motion is provide copies of the report to the chairman (2)(A) In applying sections 12303 and 12304 not subject to amendment, or to a motion to and ranking member of each standing com- for purposes of such additional review, a rule postpone, or to a motion to proceed to the mittee with jurisdiction under the rules of described under paragraph (1) shall be treat- consideration of other business. A motion to the House of Representatives or the Senate ed as though— reconsider the vote by which the motion is to report a bill to amend the provision of law (i) such rule were published in the Federal agreed to or disagreed to shall not be in under which the rule is issued. Register on— order. If a motion to proceed to the consider- (2)(A) The Comptroller General shall pro- (I) in the case of the Senate, the 15th ses- ation of the joint resolution is agreed to, the vide a report on each major rule to the com- sion day, or joint resolution shall remain the unfinished mittees of jurisdiction by the end of 15 cal- (II) in the case of the House of Representa- business of the Senate until disposed of. endar days after the submission or publica- tives, the 15th legislative day, (2) In the Senate, debate on the joint reso- tion date as provided in section 12303(b)(2). after the succeeding session of Congress first lution, and on all debatable motions and ap- The report of the Comptroller General shall convenes; and peals in connection therewith, shall be lim- include an assessment of the agency’s com- (ii) a report on such rule were submitted to ited to not more than 2 hours, which shall be pliance with procedural steps required by Congress under subsection (a)(1) on such divided equally between those favoring and paragraph (1)(B). date. those opposing the joint resolution. A mo- (B) Federal agencies shall cooperate with (B) Nothing in this paragraph shall be con- tion to further limit debate is in order and the Comptroller General by providing infor- strued to affect the requirement under sub- not debatable. An amendment to, or a mo- mation relevant to the Comptroller Gen- section (a)(1) that a report shall be sub- tion to postpone, or a motion to proceed to eral’s report under subparagraph (A). mitted to Congress before a rule can take ef- the consideration of other business, or a mo- (3) A major rule relating to a report sub- fect. tion to recommit the joint resolution is not mitted under paragraph (1) shall take effect (3) A rule described under paragraph (1) in order. upon enactment of a joint resolution of ap- shall take effect as otherwise provided by (3) In the Senate, immediately following proval described in section 12303 or as pro- law (including other subsections of this sec- the conclusion of the debate on a joint reso- vided for in the rule following enactment of tion). lution described in subsection (a), and a sin- a joint resolution of approval described in SEC. 12303. CONGRESSIONAL APPROVAL PROCE- gle quorum call at the conclusion of the de- section 12303, whichever is later. DURE FOR MAJOR RULES. bate if requested in accordance with the (4) A nonmajor rule shall take effect as (a)(1) For purposes of this section, the term rules of the Senate, the vote on final passage provided by section 12304 after submission to ‘‘joint resolution’’ means only a joint resolu- of the joint resolution shall occur. Congress under paragraph (1). tion addressing a report classifying a rule as (4) Appeals from the decisions of the Chair (5) If a joint resolution of approval relating major pursuant to section 12302(a)(1)(A)(iii) relating to the application of the rules of the to a major rule is not enacted within the pe- that— Senate to the procedure relating to a joint

VerDate Mar 15 2010 04:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.052 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3779 resolution described in subsection (a) shall tees in each House of Congress with jurisdic- (2) With respect to a joint resolution de- be decided without debate. tion. scribed in subsection (a) of the House receiv- (e) In the House of Representatives, if any (2) For purposes of this section, the term ing the joint resolution— committee to which a joint resolution de- submission or publication date means the (A) the procedure in that House shall be scribed in subsection (a) has been referred later of the date on which— the same as if no joint resolution had been has not reported it to the House at the end (A) the Congress receives the report sub- received from the other House; but of 15 legislative days after its introduction, mitted under section 12302(a)(1); or (B) the vote on final passage shall be on such committee shall be discharged from fur- (B) the nonmajor rule is published in the the joint resolution of the other House. ther consideration of the joint resolution, Federal Register, if so published. SEC. 12305. DEFINITIONS. and it shall be placed on the appropriate cal- (c) In the Senate, if the committee to In this subtitle: endar. On the second and fourth Thursdays which is referred a joint resolution described (1) The term ‘‘Federal agency’’ means any of each month it shall be in order at any in subsection (a) has not reported such joint agency as that term is defined in section time for the Speaker to recognize a Member resolution (or an identical joint resolution) 551(1) of title 5, United States Code. who favors passage of a joint resolution that at the end of 15 session days after the date of (2) The term ‘‘major rule’’ means any rule, has appeared on the calendar for at least 5 introduction of the joint resolution, such including an interim final rule, that the Ad- legislative days to call up that joint resolu- committee may be discharged from further ministrator of the Office of Information and tion for immediate consideration in the consideration of such joint resolution upon a Regulatory Affairs of the Office of Manage- House without intervention of any point of petition supported in writing by 30 Members ment and Budget finds has resulted in or is order. When so called up a joint resolution of the Senate, and such joint resolution shall likely to result in— shall be considered as read and shall be de- be placed on the calendar. (A) an annual effect on the economy of batable for 1 hour equally divided and con- (d)(1) In the Senate, when the committee $100,000,000 or more; trolled by the proponent and an opponent, to which a joint resolution is referred has re- (B) a major increase in costs or prices for and the previous question shall be considered ported, or when a committee is discharged consumers, individual industries, Federal, as ordered to its passage without intervening (under subsection (c)) from further consider- State, or local government agencies, or geo- motion. It shall not be in order to reconsider ation of a joint resolution described in sub- graphic regions; or the vote on passage. If a vote on final pas- section (a), it is at any time thereafter in (C) significant adverse effects on competi- sage of the joint resolution has not been order (even though a previous motion to the tion, employment, investment, productivity, taken by the third Thursday on which the same effect has been disagreed to) for a mo- innovation, or on the ability of United Speaker may recognize a Member under this tion to proceed to the consideration of the States-based enterprises to compete with subsection, such vote shall be taken on that joint resolution, and all points of order foreign-based enterprises in domestic and ex- day. against the joint resolution (and against port markets. (f)(1) If, before passing a joint resolution consideration of the joint resolution) are (3) The term ‘‘nonmajor rule’’ means any described in subsection (a), one House re- waived. The motion is not subject to amend- rule that is not a major rule. ceives from the other a joint resolution hav- ment, or to a motion to postpone, or to a (4) The term ‘‘rule’’ has the meaning given ing the same text, then— motion to proceed to the consideration of such term in section 551 of title 5, United (A) the joint resolution of the other House other business. A motion to reconsider the States Code, except that such term does not shall not be referred to a committee; and vote by which the motion is agreed to or dis- include— (B) the procedure in the receiving House agreed to shall not be in order. If a motion (A) any rule of particular applicability, in- shall be the same as if no joint resolution to proceed to the consideration of the joint cluding a rule that approves or prescribes for had been received from the other House until resolution is agreed to, the joint resolution the future rates, wages, prices, services, or the vote on passage, when the joint resolu- shall remain the unfinished business of the allowances therefore, corporate or financial tion received from the other House shall sup- Senate until disposed of. structures, reorganizations, mergers, or ac- plant the joint resolution of the receiving (2) In the Senate, debate on the joint reso- quisitions thereof, or accounting practices or House. lution, and on all debatable motions and ap- disclosures bearing on any of the foregoing; (2) This subsection shall not apply to the peals in connection therewith, shall be lim- (B) any rule relating to agency manage- House of Representatives if the joint resolu- ited to not more than 10 hours, which shall ment or personnel; or tion received from the Senate is a revenue be divided equally between those favoring (C) any rule of agency organization, proce- measure. and those opposing the joint resolution. A dure, or practice that does not substantially (g) If either House has not taken a vote on affect the rights or obligations of non-agency final passage of the joint resolution by the motion to further limit debate is in order and not debatable. An amendment to, or a parties. last day of the period described in section SEC. 12306. JUDICIAL REVIEW. 12302(b)(2), then such vote shall be taken on motion to postpone, or a motion to proceed to the consideration of other business, or a (a) No determination, finding, action, or that day. omission under this subtitle shall be subject (h) This section and section 12304 are en- motion to recommit the joint resolution is not in order. to judicial review. acted by Congress— (b) Notwithstanding subsection (a), a court (3) In the Senate, immediately following (1) as an exercise of the rulemaking power may determine whether a Federal agency the conclusion of the debate on a joint reso- of the Senate and House of Representatives, has completed the necessary requirements lution described in subsection (a), and a sin- respectively, and as such is deemed to be under this subtitle for a rule to take effect. part of the rules of each House, respectively, gle quorum call at the conclusion of the de- (c) The enactment of a joint resolution of but applicable only with respect to the pro- bate if requested in accordance with the approval under section 12303 shall not be in- cedure to be followed in that House in the rules of the Senate, the vote on final passage terpreted to serve as a grant or modification case of a joint resolution described in sub- of the joint resolution shall occur. of statutory authority by Congress for the section (a) and superseding other rules only (4) Appeals from the decisions of the Chair promulgation of a rule, shall not extinguish where explicitly so; and relating to the application of the rules of the or affect any claim, whether substantive or (2) with full recognition of the Constitu- Senate to the procedure relating to a joint procedural, against any alleged defect in a tional right of either House to change the resolution described in subsection (a) shall rule, and shall not form part of the record rules (so far as they relate to the procedure be decided without debate. before the court in any judicial proceeding of that House) at any time, in the same man- (e) In the Senate the procedure specified in concerning a rule except for purposes of de- ner and to the same extent as in the case of subsection (c) or (d) shall not apply to the termining whether or not the rule is in ef- any other rule of that House. consideration of a joint resolution respecting fect. SEC. 12304. CONGRESSIONAL DISAPPROVAL PRO- a nonmajor rule— SEC. 12307. EXEMPTION FOR MONETARY POLICY. CEDURE FOR NONMAJOR RULES. (1) after the expiration of the 60 session Nothing in this subtitle shall apply to (a) For purposes of this section, the term days beginning with the applicable submis- rules that concern monetary policy proposed ‘‘joint resolution’’ means only a joint resolu- sion or publication date, or or implemented by the Board of Governors of tion introduced in the period beginning on (2) if the report under section 12302(a)(1)(A) the Federal Reserve System or the Federal the date on which the report referred to in was submitted during the period referred to Open Market Committee. section 12302(a)(1)(A) is received by Congress in section 12302(d)(1), after the expiration of SEC. 12308. APPLICABILITY. and ending 60 days thereafter (excluding the 60 session days beginning on the 15th ses- This subtitle shall only apply to a rule days either House of Congress is adjourned sion day after the succeeding session of Con- that the Secretary determines to have a neg- for more than 3 days during a session of Con- gress first convenes. ative effect on access by any individual to gress), the matter after the resolving clause (f) If, before the passage by one House of a affordable food. of which is as follows: ‘‘That Congress dis- joint resolution of that House described in SEC. 12309. EFFECTIVE DATE OF CERTAIN RULES. approves the nonmajor rule submitted by the subsection (a), that House receives from the Notwithstanding section 12302— lll relating to lll, and such rule shall other House a joint resolution described in (1) any rule that establishes, modifies, have no force or effect.’’ (The blank spaces subsection (a), then the following procedures opens, closes, or conducts a regulatory pro- being appropriately filled in). shall apply: gram for a commercial, recreational, or sub- (b)(1) A joint resolution described in sub- (1) The joint resolution of the other House sistence activity related to hunting, fishing, section (a) shall be referred to the commit- shall not be referred to a committee. or camping; or

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Mrs. HAGAN (for herself, and data use relating to water quality im- an agency for good cause finds (and incor- Mr. CRAPO, Mr. CARPER, Ms. LANDRIEU, pacts from the registration and use of pes- porates the finding and a brief statement of Mr. PRYOR, Mr. DONNELLY, Mr. VITTER, ticides; reasons therefore in the rule issued) that no- (2) an analysis of the effectiveness of cur- Ms. HEITKAMP, Mr. COONS, Mr. RISCH, tice and public procedure thereon are im- rent regulatory actions relating to pesticide practicable, unnecessary, or contrary to the Mrs. MCCASKILL, Mrs. FISCHER, and Mr. registration and use aimed at protecting public interest, JOHANNS) submitted an amendment in- water quality; and shall take effect at such time as the Federal tended to be proposed by her to the bill (3) any recommendations on how the Fed- agency promulgating the rule determines. S. 954, to reauthorize agricultural pro- eral Insecticide, Fungicide, and Rodenticide grams through 2018; which was ordered Act (7 U.S.C. 136 et seq.) can be modified to SA 1099. Mr. BEGICH submitted an to lie on the table; as follows: better protect water quality and human health. amendment intended to be proposed by At the end of subtitle C of title XII, add him to the bill S. 954, to reauthorize the following: SA 1101. Mr. THUNE submitted an agricultural programs through 2018; SEC. 122ll. USE OF AUTHORIZED PESTICIDES; which was ordered to lie on the table; DISCHARGES OF PESTICIDES; RE- amendment intended to be proposed to as follows: PORT. amendment SA 998 submitted by Mr. On page 421, between lines 3 and 4, insert (a) USE OF AUTHORIZED PESTICIDES.—Sec- LEAHY to the bill S. 954, to reauthorize the following: tion 3(f) of the Federal Insecticide, Fun- agricultural programs through 2018; SEC. 42lll. SERVICE OF TRADITIONAL FOODS gicide, and Rodenticide Act (7 U.S.C. 136a(f)) which was ordered to lie on the table; IN PUBLIC FACILITIES. is amended by adding at the end the fol- as follows: (a) DEFINITIONS.—In this section: lowing: On page 12, strike lines 6 and 7, and insert (1) FOOD SERVICE PROGRAM.—The term ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex- the following: ‘‘food service program’’ includes— cept as provided in subsection (s) of section (A) food service at a residential child care 402 of the Federal Water Pollution Control ‘‘shall be used for any 1 project; facility with a license from an appropriate Act (33 U.S.C. 1342), the Administrator or a ‘‘(IV) no portion of the proposed service State agency; State shall not require a permit under that territory is already served by ultra-high (B) a child nutrition program (as defined in Act for a discharge from a point source into speed service; section 25(b) of the Richard B. Russell Na- navigable waters of— ‘‘(V) the entity receiving the grant, loan, tional School Lunch Act (42 U.S.C. 1769f (b)); ‘‘(A) a pesticide authorized for sale, dis- or loan guarantee— (C) food service at a hospital, clinic, or tribution, or use under this Act; or ‘‘(aa) does not already provide ultra-high long-term care facility; and ‘‘(B) the residue of such a pesticide, result- speed service in any State in which the enti- (D) a senior meal program. ing from the application of the pesticide.’’. ty operates; and (2) INDIAN; INDIAN TRIBE.—The terms ‘‘In- (b) DISCHARGES OF PESTICIDES.—Section 402 ‘‘(bb) has not received any funding under dian’’ and ‘‘Indian tribe’’ have the meanings of the Federal Water Pollution Control Act the broadband technologies opportunity pro- given those terms in section 4 of the Indian (33 U.S.C. 1342) is amended by adding at the gram established under section 6001 of divi- Self-Determination and Education Assist- end the following: sion B of the American Recovery and Rein- ance Act (25 U.S.C. 450b). ‘‘(s) DISCHARGES OF PESTICIDES.— vestment Act of 2009 (47 U.S.C. 1305) or the (3) TRADITIONAL FOOD.— ‘‘(1) NO PERMIT REQUIREMENT.—Except as programs funded under the heading ‘DIS- (A) IN GENERAL.—The term ‘‘traditional provided in paragraph (2), a permit shall not TANCE LEARNING, TELEMEDICINE, AND food’’ means food that has traditionally been be required by the Administrator or a State BROADBAND PROGRAM’ under the heading ‘DE- prepared and consumed by an Indian tribe. under this Act for a discharge from a point PARTMENT OF AGRICULTURE’ under title I of (B) INCLUSIONS.—The term ‘‘traditional source into navigable waters of— division A of the American Recovery and Re- food’’ includes— ‘‘(A) a pesticide authorized for sale, dis- investment Act of 2009 (Public Law 111–5; 123 (i) wild game meat; tribution, or use under the Federal Insecti- Stat. 119); and (ii) fish; cide, Fungicide, and Rodenticide Act (7 ‘‘(VI) paragraph (2)(A)(i) shall (iii) seafood; and U.S.C. 136 et seq.); or (iv) plants. ‘‘(B) the residue of such a pesticide, result- SA 1102. Mr. JOHANNS submitted an (4) TRIBAL ORGANIZATION.—The term ‘‘trib- ing from the application of the pesticide. amendment intended to be proposed by al organization’’ has the meaning given the ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not him to the bill S. 954, to reauthorize term in section 4 of the Indian Self-Deter- apply to the following discharges of a pes- agricultural programs through 2018; mination and Education Assistance Act (25 ticide or pesticide residue: which was ordered to lie on the table; ‘‘(A) A discharge resulting from the appli- U.S.C. 450b). as follows: (b) PROGRAM.—Notwithstanding any other cation of a pesticide in violation of a provi- provision of law, the Secretary shall allow sion of the Federal Insecticide, Fungicide, Beginning on page 39, strike line 13 and all the donation to and serving of traditional and Rodenticide Act (7 U.S.C. 136 et seq.) re- that follows through page 40, line 4, and in- food through a food service program at a lating to protecting water quality if— sert the following: public or nonprofit facility, including a facil- ‘‘(i) the discharge would not have occurred (c) REFERENCE PRICE.—The reference price ity operated by an Indian tribe or tribal or- without the violation; or for a covered commodity shall be the product ganization, that primarily serves Indians if ‘‘(ii) the quantity of pesticide or pesticide obtained by multiplying— the operator of the food service program— residue in the discharge is greater than (1) 55 percent; by (1) ensures that the food is received whole, would have occurred without the violation. (2) the average national marketing year gutted, gilled, as quarters, or as a roast, ‘‘(B) Stormwater discharges subject to reg- average price for the most recent 5 crop without further processing; ulation under subsection (p). years, excluding each of the crop years with (2) makes a reasonable determination ‘‘(C) The following discharges subject to the high est and lowest prices. that— regulation under this section: (A) the animal was not diseased; ‘‘(i) Manufacturing or industrial effluent. SA 1103. Mr. JOHANNS submitted an (B) the food was butchered, dressed, trans- ‘‘(ii) Treatment works effluent. amendment intended to be proposed by ported, and stored to prevent contamination, ‘‘(iii) Discharges incidental to the normal him to the bill S. 954, to reauthorize undesirable microbial growth, or deteriora- operation of a vessel, including a discharge agricultural programs through 2018; tion; and resulting from ballasting operations or ves- which was ordered to lie on the table; (C) the food will not cause a significant sel biofouling prevention.’’. as follows: health hazard or potential for human illness; (c) REPORT.—Not later than 1 year after (3) carries out any further preparation or the date of enactment of this Act, the Ad- On page 1150, after line 15, add the fol- processing of the food at a different time or ministrator of the Environmental Protection lowing: in a different space from the preparation or Agency, in consultation with the Secretary SEC. 122ll. REDUCING REGULATORY BURDENS. processing of other food for the applicable of Agriculture, shall submit to the Com- (a) USE OF AUTHORIZED PESTICIDES.—Sec- program to prevent cross-contamination; mittee on Environment and Public Works tion 3(f) of the Federal Insecticide, Fun- (4) cleans and sanitizes food-contact sur- and the Committee on Agriculture of the gicide, and Rodenticide Act (7 U.S.C. 136a(f)) faces of equipment and utensils after proc- Senate and the Committee on Transpor- is amended by adding at the end the fol- essing the traditional food; and tation and Infrastructure and the Committee lowing: (5) labels donated traditional food with the on Agriculture of the House of Representa- ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex- name of the food and stores the traditional tives a report that includes— cept as provided in section 402(s) of the Fed- food separately from other food for the appli- (1) the status of intra-agency coordination eral Water Pollution Control Act, the Ad- cable program, including through storage in between the Office of Water and the Office of ministrator or a State may not require a a separate freezer or refrigerator or in a sep- Pesticide Programs of the Environmental permit under such Act for a discharge from arate compartment or shelf in the freezer or Protection Agency regarding streamlining a point source into navigable waters of a pes- refrigerator. information collection, standards of review, ticide authorized for sale, distribution, or

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(33 U.S.C. 1342) is amended by adding at the be established that overlaps any existing (C) PREFERENTIAL TARIFF TREATMENT.—The end the following: quota period if required by paragraph (2), ex- quantity under a limited global import quota ‘‘(s) DISCHARGES OF PESTICIDES.— cept that a special quota period may not be shall be considered to be an in-quota quan- ‘‘(1) NO PERMIT REQUIREMENT.—Except as established under this subsection if a quota tity for purposes of— provided in paragraph (2), a permit shall not period has been established under subsection (i) section 213(d) of the Caribbean Basin be required by the Administrator or a State (b). Economic Recovery Act (19 U.S.C. 2703(d)); under this Act for a discharge from a point (6) PREFERENTIAL TARIFF TREATMENT.—The (ii) section 204 of the Andean Trade Pref- source into navigable waters of a pesticide quantity under a special import quota shall erence Act (19 U.S.C. 3203); authorized for sale, distribution, or use be considered to be an in-quota quantity for (iii) section 503(d) of the Trade Act of 1974 under the Federal Insecticide, Fungicide, purposes of— (19 U.S.C. 2463(d)); and and Rodenticide Act, or the residue of such a (A) section 213(d) of the Caribbean Basin (iv) General Note 3(a)(iv) to the Har- pesticide, resulting from the application of Economic Recovery Act (19 U.S.C. 2703(d)); monized Tariff Schedule. such pesticide. (B) section 204 of the Andean Trade Pref- (D) QUOTA ENTRY PERIOD.—When a quota is ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not erence Act (19 U.S.C. 3203); established under this subsection, cotton apply to the following discharges of a pes- (C) section 503(d) of the Trade Act of 1974 may be entered under the quota during the ticide or pesticide residue: (19 U.S.C. 2463(d)); and 90-day period beginning on the date the ‘‘(A) A discharge resulting from the appli- (D) General Note 3(a)(iv) to the Har- quota is established by the Secretary. cation of a pesticide in violation of a provi- monized Tariff Schedule. (3) NO OVERLAP.—Notwithstanding para- sion of the Federal Insecticide, Fungicide, (7) LIMITATION.—The quantity of cotton en- graph (2), a quota period may not be estab- and Rodenticide Act that is relevant to pro- tered into the United States during any mar- lished that overlaps an existing quota period tecting water quality, if— keting year under the special import quota or a special quota period established under ‘‘(i) the discharge would not have occurred established under this subsection may not subsection (a). but for the violation; or exceed the equivalent of 10 week’s consump- ‘‘(ii) the amount of pesticide or pesticide tion of upland cotton by domestic mills at SA 1105. Mr. CHAMBLISS (for him- residue in the discharge is greater than the seasonally adjusted average rate of the 3 self, Mrs. FEINSTEIN, and Mr. ISAKSON) would have occurred without the violation. months immediately preceding the first spe- submitted an amendment intended to cial import quota established in any mar- ‘‘(B) Stormwater discharges subject to reg- be proposed by him to the bill S. 954, to ulation under subsection (p). keting year. ‘‘(C) The following discharges subject to (b) LIMITED GLOBAL IMPORT QUOTA FOR UP- reauthorize agricultural programs regulation under this section: LAND COTTON.— through 2018; which was ordered to lie ‘‘(i) Manufacturing or industrial effluent. (1) DEFINITIONS.—In this subsection: on the table; as follows: ‘‘(ii) Treatment works effluent. (A) DEMAND.—The term ‘‘demand’’ means— On page 351, between lines 9 and 10, insert ‘‘(iii) Discharges incidental to the normal (i) the average seasonally adjusted annual the following: operation of a vessel, including a discharge rate of domestic mill consumption of cotton SEC. 3210. IMPORT PROHIBITION ON OLIVE OIL. resulting from ballasting operations or ves- during the most recent 3 months for which Section 8e(a) of the Agricultural Adjust- sel biofouling prevention.’’. official data of the Department of Agri- ment Act (7 U.S.C. 608e–1(a)), reenacted with culture (as determined by the Secretary) are amendments by the Agricultural Marketing SA 1104. Mr. CHAMBLISS submitted available; and Agreement Act of 1937, is amended in the (ii) the larger of— an amendment intended to be proposed matter preceding the first proviso in the (I) average exports of upland cotton during first sentence by inserting ‘‘olive oil,’’ after by him to the bill S. 954, to reauthorize the preceding 6 marketing years; or ‘‘clementines,’’. agricultural programs through 2018; (II) cumulative exports of upland cotton which was ordered to lie on the table; plus outstanding export sales for the mar- SA 1106. Mr. CHAMBLISS (for him- as follows: keting year in which the quota is estab- self, Mr. UDALL of Colorado, Mr. BEN- On page 62, line 14, insert ‘‘and section lished. NET, Mr. CRAPO, and Mr. HEINRICH) sub- 1207’’ after ‘‘this section’’. (B) LIMITED GLOBAL IMPORT QUOTA.—The On page 73, between lines 17 and 18, insert term ‘‘limited global import quota’’ means a mitted an amendment intended to be the following: quantity of imports that is not subject to the proposed by him to the bill S. 954, to SEC. 1207. SPECIAL MARKETING LOAN PROVI- over-quota tariff rate of a tariff-rate quota. reauthorize agricultural programs SIONS FOR UPLAND COTTON. (C) SUPPLY.—The term ‘‘supply’’ means, through 2018; which was ordered to lie (a) SPECIAL IMPORT QUOTA.— using the latest official data of the Depart- on the table; as follows: (1) DEFINITION OF SPECIAL IMPORT QUOTA.— ment of Agriculture— On page 986, between lines 4 and 5, insert In this subsection, the term ‘‘special import (i) the carryover of upland cotton at the the following: quota’’ means a quantity of imports that is beginning of the marketing year (adjusted to not subject to the over-quota tariff rate of a 480-pound bales) in which the quota is estab- SEC. 83llll. FOREST SERVICE LARGE AIRTANKER AND AERIAL ASSET tariff-rate quota. lished; FIREFIGHTING RECAPITALIZATION (2) ESTABLISHMENT.— (ii) production of the current crop; and PILOT PROGRAM. (A) IN GENERAL.—The President shall carry (iii) imports to the latest date available (a) IN GENERAL.—Subject to the avail- out an import quota program during the pe- during the marketing year. ability of appropriations, the Secretary, act- riod beginning on August 1, 2013, and ending (2) PROGRAM.—The President shall carry ing through the Chief of the Forest Service on July 31, 2019, as provided in this sub- out an import quota program that provides (referred to in this section as the ‘‘Sec- section. that whenever the Secretary determines and retary’’), may establish a large airtanker (B) PROGRAM REQUIREMENTS.—Whenever announces that the average price of the base and aerial asset lease program in accordance the Secretary determines and announces quality of upland cotton, as determined by with this section. that for any consecutive 4-week period, the the Secretary, in the designated spot mar- (b) AIRCRAFT REQUIREMENTS.—In carrying Friday through Thursday average price kets for a month exceeded 130 percent of the out the program described in subsection (a), quotation for the lowest-priced United average price of the quality of cotton in the the Secretary may enter into a multiyear States growth, as quoted for Middling (M) 1 markets for the preceding 36 months, not- lease contract for up to 5 aircraft that meet 3⁄32-inch cotton, delivered to a definable and withstanding any other provision of law, the criteria— significant international market, as deter- there shall immediately be in effect a lim- (1) described in the Forest Service docu- mined by the Secretary, exceeds the pre- ited global import quota subject to the fol- ment entitled ‘‘Large Airtanker Moderniza- vailing world market price, there shall im- lowing conditions: tion Strategy’’ and dated February 10, 2012, mediately be in effect a special import (A) QUANTITY.—The quantity of the quota for large air tankers; and quota. shall be equal to 21 days of domestic mill (2) determined by the Secretary, for other (3) QUANTITY.—The quota shall be equal to consumption of upland cotton at the season- aerial assets. the consumption during a 1-week period of ally adjusted average rate of the most recent (c) LEASE TERMS.—The term of any indi- cotton by domestic mills at the seasonally 3 months for which official data of the De- vidual lease agreement into which the Sec- adjusted average rate of the most recent 3 partment of Agriculture are available or as retary enters under this section shall be— months for which official data of the Depart- estimated by the Secretary. (1) up to 5 years, inclusive of any options ment of Agriculture or other data are avail- (B) QUANTITY IF PRIOR QUOTA.—If a quota to renew or extend the initial lease term; able. has been established under this subsection and (4) APPLICATION.—The quota shall apply to during the preceding 12 months, the quantity (2) in accordance with section 3903 of title upland cotton purchased not later than 90 of the quota next established under this sub- 41, United States Code.

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(d) PROHIBITION.—No lease entered into ‘‘(aa) MARRIED COUPLE FAMILY WITH DE- ‘‘(D) workfare under section 20; or under this section shall provide for the pur- PENDENT CHILDREN.—The term ‘married cou- ‘‘(E) drug or alcohol treatment. chase of the aircraft by, or the transfer of ple family with dependent children’ means a ‘‘(2) SUPERVISED JOB SEARCH.—For purposes ownership to, the Forest Service. family with dependent children that has of paragraph (1)(A), the term ‘supervised job both a family head and the married spouse of search’ means a job search program that has SA 1107. Mr. LEE submitted an the family head residing with the family. the following characteristics: amendment intended to be proposed by ‘‘(bb) MARRIED SPOUSE OF THE FAMILY ‘‘(A) The job search occurs at an official lo- him to the bill S. 954, to reauthorize HEAD.—The term ‘married spouse of the fam- cation where the presence and activity of the agricultural programs through 2018; ily head’ means the lawfully married spouse recipient can be directly observed, super- which was ordered to lie on the table; of the family head who— vised, and monitored. ‘‘(1) resides with the family head and de- as follows: ‘‘(B) The recipient’s entry, time on site, pendent children; and and exit from the official job search location At the appropriate place, insert the fol- ‘‘(2) is lawfully present in the United lowing: are recorded in a manner that prevents States. fraud. SEC. ll. WORK REQUIREMENTS. ‘‘(cc) MEMBER OF A FAMILY.—The term ‘‘(C) The recipient is expected to remain (a) DECLARATION OF POLICY.—Section 2 of ‘member of a family’ means the family head, and undertake job search activities at the the Food and Nutrition Act of 2008 (7 U.S.C. married spouse if present, and all dependent job search center, except for brief, author- 2011) is amended by adding at the end the fol- children within a family with dependent ized departures for specified off-site inter- lowing: ‘‘Congress further finds that it children should also be the purpose of the food stamp ‘‘(dd) MONTHLY POTENTIAL WORK ACTIVA- views. program to increase employment, to encour- TION POPULATION.—The term ‘monthly poten- ‘‘(D) The quantity of time the recipient is age healthy marriage, and to promote pros- tial work activation population’ means the observed and monitored engaging in job perous self-sufficiency, which means the sum of— search at the official location is recorded for ability of households to maintain an income ‘‘(1) all able-bodied, work-eligible adults purposes of compliance with section 29. above the poverty level without services and without dependents who have received food ‘‘(hh) WORK ACTIVATION RATIO.—The term benefits from the Federal Government.’’. stamp benefits and have maintained less ‘work activation ratio’ means the quotient (b) DEFINITIONS.—Section 3 of the Food and than 60 hours of paid employment during a obtained by dividing— Nutrition Act of 2008 (7 U.S.C. 2012) is amend- month; ‘‘(1) the number of work activation partici- ed by adding at the end the following: ‘‘(2) all work-eligible single-headed fami- pants in a month; by ‘‘(w) ABLE-BODIED, WORK-ELIGIBLE ADULT.— lies with dependent children that have re- ‘‘(2) the monthly potential work activation ‘‘(1) IN GENERAL.—The term ‘able-bodied, ceived food stamp benefits during the month population for the month. work-eligible adult’ means an individual and have maintained less than 120 hours of ‘‘(ii) WORK ACTIVITIES.—The term ‘work ac- who— paid employment by the family head during tivities’ means— ‘‘(A) is more than 18, and less than 63, the month; and ‘‘(1) paid employment; years of age; ‘‘(3) all work-eligible married couples with ‘‘(2) work activation; or ‘‘(B) is not physically or mentally incapa- dependent children that have received food ‘‘(3) a combination of both paid employ- ble of work; and stamp benefits during the month and have ment and work activation. ‘‘(C) is not the full-time caretaker of a dis- maintained less than 120 combined hours of ‘‘(jj) WORK-ELIGIBLE ADULT WITHOUT DE- abled adult dependent. paid employment between the family head PENDENT CHILDREN.—The term ‘work-eligible ‘‘(2) PHYSICALLY OR MENTALLY INCAPABLE and the married spouse, summed together adult without dependent children’ means an OF WORK.—For purposes of paragraph (1)(B), and counted jointly, during the month. individual who— the term ‘physically or mentally incapable ‘‘(ee) MONTHLY WORK ACTIVATION PARTICI- ‘‘(1) is an able-bodied, work-eligible adult; of work’ means an individual who— PANTS.—The term ‘monthly work activation and ‘‘(A) currently receives benefits under the participants’ means the sum of— ‘‘(2) is not a family head or the married supplemental security income program es- ‘‘(1) all able-bodied, work-eligible adults spouse of a family head. tablished under title XVI of the Social Secu- without dependents who have received food ‘‘(kk) WORK-ELIGIBLE FAMILY UNIT.—The rity Act (42 U.S.C. 1381 et seq.) or another stamp benefits and have maintained— term ‘work-eligible family unit’ means— program that provides recurring benefits to ‘‘(A) less than 60 hours of paid employment ‘‘(1) an able-bodied, work-eligible adult individuals because the individual is disabled during a month; and without dependent children; and unable to work; or ‘‘(B) more than 60 hours of combined paid ‘‘(2) a work-eligible single-headed family ‘‘(B) has been medically certified as phys- employment and work activation activity with dependent children; or ically or mentally incapable of work and who during the month; ‘‘(3) a work-eligible married couple family has a credible pending application for enroll- ‘‘(2) all work-eligible single-headed fami- with dependent children. ment in the supplemental security income lies with dependent children that have re- ‘‘(ll) WORK-ELIGIBLE MARRIED COUPLE FAM- program established under title XVI of the ceived food stamp benefits during the month ILY WITH DEPENDENT CHILDREN.—The term Social Security Act (42 U.S.C. 1381 et seq.) or and include a family head who has main- ‘work-eligible married couple family with another program that provides recurring tained— dependent children’ means a married couple benefits to individuals because the indi- ‘‘(A) less than 120 hours of paid employ- with dependent children that contains at vidual is disabled and unable to work. ment during the month; and least 1 work-eligible, able-bodied adult who ‘‘(x) FAMILY HEAD.—The term ‘family head’ ‘‘(B) more than 120 hours of combined paid is— means— employment and work activation activity ‘‘(1) the family head; or ‘‘(1) a biological parent who is lawfully during the month; and ‘‘(2) the married spouse of the family head. present in the United States and resides ‘‘(3) all work-eligible married couples with ‘‘(mm) WORK-ELIGIBLE SINGLE-HEADED FAM- within a household with 1 or more dependent dependent children who have received food ILY WITH DEPENDENT CHILDREN.—The term children who are the biological offspring of stamp benefits during the month, and have ‘work-eligible single-headed family with de- the parent; or maintained— pendent children’ means a single-headed ‘‘(2) in the absence of a biological parent, a ‘‘(A) less than 120 combined hours of paid family with dependent children that has a step parent, adoptive parent, guardian, or employment between the family head and family head who is an able-bodied, work-eli- adult relative who resides with and provides the spouse, combined, during the month; and gible adult.’’. care to the 1 or more children and is lawfully ‘‘(B) more than 120 hours of combined paid (c) CONDITIONS OF PARTICIPATION.—Section present in the United States. employment and work activation activity 6 of the Food and Nutrition Act of 2008 (7 ‘‘(y) FAMILY UNIT.—The term ‘family unit’ between the family head and the married U.S.C. 2015(d)) is amended by striking sub- means— spouse, combined, during the month. section (d) and inserting the following: ‘‘(1) an adult residing without dependent ‘‘(ff) SINGLE-HEADED FAMILY WITH DEPEND- ‘‘(d) CONDITIONS OF PARTICIPATION.— children; ENT CHILDREN.—The term ‘single-headed ‘‘(1) WORK REQUIREMENTS.— ‘‘(2) a single-headed family with dependent family with dependent children’ means a ‘‘(A) IN GENERAL.—No able-bodied, work-el- children; or family with dependent children that— igible adult shall be eligible to participate in ‘‘(3) a married couple family with depend- ‘‘(1) contains a family head residing with the food stamp program if the individual— ent children. the family; but ‘‘(i) refuses, at the time of application and ‘‘(z) FAMILY WITH DEPENDENT CHILDREN.— ‘‘(2) does not have a married spouse of the every 12 months thereafter, to register for ‘‘(1) IN GENERAL.—The term ‘family with family head residing with the family. employment in a manner prescribed by the dependent children’ means a unit consisting ‘‘(gg) WORK ACTIVATION.— Secretary; of a family head, 1 or more dependent chil- ‘‘(1) IN GENERAL.—The term ‘work activa- ‘‘(ii) refuses without good cause to accept dren, and, if applicable, the married spouse tion’ means— an offer of employment, at a site or plant of the family head, all of whom share meals ‘‘(A) supervised job search; not subject to a strike or lockout at the time and reside within a single household. ‘‘(B) community service activities; of the refusal, at a wage not less than the ‘‘(2) MULTIPLE FAMILIES IN A HOUSEHOLD.— ‘‘(C) education and job training for individ- higher of— There may be more than 1 family with de- uals who are family heads or married spouses ‘‘(I) the applicable Federal or State min- pendent children in a single household. of family heads; imum wage; or

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‘‘(II) 80 percent of the wage that would Nutrition Act of 2008 (7 U.S.C. 2015(e)) is ‘‘(2) REQUIREMENTS.— have applied had the minimum hourly rate amended by striking paragraph (8) and in- ‘‘(A) SINGLE JOINT OBLIGATION.—The 120- under section 6(a)(1) of the Fair Labor Stand- serting the following: hour requirement under paragraph (1)(C) ards Act of 1938 (29 U.S.C. 206(a)(1)) been ap- ‘‘(8) is enrolled full-time in an institution shall be a single joint obligation for the mar- plicable to the offer of employment; of higher education, as determined by the in- ried couple as a whole in which the activities ‘‘(iii) refuses without good cause to provide stitution, and— of both married partners shall be combined a State agency with sufficient information ‘‘(A) is a single parent with responsibility together and counted jointly. to allow the State agency to determine the for the care of a dependent child under 12 ‘‘(B) RELATIONSHIP TO PAID EMPLOYMENT employment status or the job availability of years of age; or AND WORK ACTIVATION.—For purposes of the individual; or ‘‘(B) is a family head or married spouse of meeting the 120-hour requirement, the paid ‘‘(iv) voluntarily— a family head in a married couple family employment and work activation of the fam- ‘‘(I) quits a job; or with dependent children and has a dependent ily head shall be added to the paid employ- ‘‘(II) reduces work effort and, after the re- child under age 12 residing in the home.’’. ment and work activation of the married duction, is working less than 30 hours per (e) WORK REQUIREMENT.—Section 6 of the spouse, and the requirement shall be fulfilled week, unless another adult in the same fam- Food and Nutrition Act of 2008 (7 U.S.C. 2015) if the sum of the work activities of the 2 in- ily unit increases employment at the same is amended by striking subsection (o) and in- dividuals equals or exceeds 120 hours per time by an amount that is at least equal to serting the following: month. the reduction in work effort by the first ‘‘(o) FULFILLMENT OF EMPLOYMENT AND ‘‘(C) OPTIONS.—The work requirement for a adult. WORK ACTIVATION REQUIREMENTS.— work-eligible married couple family with de- ‘‘(B) FAMILY UNIT INELIGIBILITY.—If an ‘‘(1) IN GENERAL.—If 1 or more adults with- pendent children may be fulfilled— able-bodied, work-eligible adult is ineligible in a work-eligible family unit are required ‘‘(i) by 120 or more hours of work activity to participate in the food stamp program be- by the State agency to participate in work by the family head; cause of subparagraph (A), no other member activation under section 29, no member of ‘‘(ii) by 120 or more hours of work activi- of the family unit to which that adult be- the family unit shall be eligible for food ties by the married spouse; or longs shall be eligible to participate. stamp benefits unless the family unit com- ‘‘(iii) if the combined work activities of the ‘‘(C) DURATION OF INELIGIBILITY.—An able- plies with the employment and work activa- family head and married spouse which when bodied, work-eligible adult who becomes in- tion standards. added together equal or exceed 120 hours. eligible under subparagraph (A), and mem- ‘‘(2) SANCTIONS AND RESUMPTION OF BENE- ‘‘(D) NO SEPARATE WORK ACTIVATION RE- bers of the family unit who become ineligible FITS.—If 1 or more adults within a work-eli- QUIREMENT.—Neither the family head nor the under subparagraph (B), shall remain ineli- gible family unit who are required by the married spouse in a married couple with de- gible for 3 months after the date on which in- State agency to participate in work activa- pendent children shall be subject to a sepa- eligibility began. tion under section 29 during a given month rate work activation requirement as individ- ‘‘(D) RESTORATION OF ELIGIBILITY.—At the fail to comply with the work activation uals. end of the 3-month period of ineligibility standards, benefits for all members of the ‘‘(b) PRO RATA REDUCTION IN EMPLOYMENT under subparagraph (c), members of a work- family unit— AND WORK ACTIVATION STANDARD DURING A eligible family unit may have their eligi- ‘‘(A) shall be terminated in accordance PARTIAL MONTH.— bility to participate in the food stamp pro- with section 29(c)(1); and ‘‘(1) IN GENERAL.—A work-eligible family gram restored, if— ‘‘(B) may be resumed upon compliance unit shall be subject to a pro-rated work ac- ‘‘(i) the family unit is no longer a work-eli- with section 29(c)(2).’’. tivity standard, if the family unit— gible family unit; or (f) EXCLUSION.—Section 6 of the Food and ‘‘(A) receives a pro-rated monthly allot- ‘‘(ii) the adult members of the family unit Nutrition Act of 2008 (7 U.S.C. 2015) is amend- ment during the initial month of enrollment begin and maintain any combination of paid ed by adding at the end the following: under section 8(c); and employment and work activation sufficient ‘‘(r) MINOR CHILDREN.—No child less than ‘‘(B) is required by the State to participate to meet the appropriate standards for re- age 18 years of age may participate in the in the work activation program during that sumption of benefits in section 29(c)(2). food stamp program unless the child is a month. ‘‘(2) STRIKE AGAINST A GOVERNMENT.—For member of a family with dependent children ‘‘(2) PRO-RATED WORK ACTIVITY STANDARD.— the purpose of subparagraph (A)(iv), an em- and resides with an adult who is— For purposes of paragraph (1), the term ‘pro- ployee of the Federal Government, a State, ‘‘(1) the family head of the same family of rated work activity standard’ means a stand- or a political subdivision of a State, who is which the child is also a member; ard that equals a number of hours of work dismissed for participating in a strike ‘‘(2) eligible to participate, and partici- activity of a family unit that bears the same against the Federal Government, the State, pating, in the food stamp program as a mem- proportion to the employment and work ac- or the political subdivision of the State shall ber of the same household as the child; and tivation requirement for the family unit for be considered to have voluntarily quit with- ‘‘(3) lawfully residing, and eligible to work, a full month under subsection (a) as the pro- out good cause. in the United States.’’. portion that— ‘‘(3) STRIKING WORKERS INELIGIBLE.— (g) HEARING AND DETERMINATION.—Section ‘‘(A) the pro-rated monthly allotment re- ‘‘(A) IN GENERAL.—Except as provided in 11(e)(10) of the Food and Nutrition Act of ceived by the household for the partial subparagraphs (B) and (C) and notwith- 2008 (7 U.S.C. 2020(e)(10)) is amended by strik- month under section 8(c); bears to standing any other provision of law, no ing ‘‘: Provided’’ and all that follows through ‘‘(B) the full allotment the same household member of a family shall be eligible to par- ‘‘hearing;’’ at the end and inserting a semi- would receive for a complete month. ticipate in the food stamp program at any colon. ‘‘(3) REQUIREMENT.—For purposes of ful- time that any able-bodied, work-eligible (h) WORK REQUIREMENTS AND ACTIVATION filling the pro-rated work activity require- adult member of the household is on strike PROGRAM.—The Food and Nutrition Act of ment during an initial month of enrollment as defined in section 501 of the Labor Man- 2008 (7 U.S.C. 2011 et seq.) is amended by add- in the food stamp program, only those hours agement Relations Act, 1947 (29 U.S.C. 142), ing at the end the following: of adult work activity that occurred during because of a labor dispute (other than a lock- ‘‘SEC. 29. WORK REQUIREMENTS AND ACTIVA- the portion of the month in which the family out) as defined in section 2 of the National TION PROGRAM. unit was participating in the food stamp pro- Labor Relations Act (29 U.S.C. 152). ‘‘(a) EMPLOYMENT AND WORK ACTIVATION gram shall be counted. ‘‘(B) PRIOR ELIGIBILITY.— STANDARDS.— ‘‘(c) SANCTION FOR NONCOMPLIANCE.— ‘‘(i) IN GENERAL.—Subject to clauses (ii), a ‘‘(1) IN GENERAL.—A family unit with adult ‘‘(1) STANDARD.— family unit shall not lose eligibility to par- members that is required to participate in ‘‘(A) IN GENERAL.—If 1 or more members of ticipate in the food stamp program as a re- work activation under subsection (b) during a work-eligible family unit are required to sult of 1 of the members of the family unit a full month of participation in the food participate in the work activation program going on strike if the household was eligible stamp program shall fulfill the following lev- under subsection (e) in a calendar month and immediately prior to the strike. els of work activity during that month: the 1 or more individuals fail to fulfill the ‘‘(ii) NO INCREASED ALLOTMENT.—A family ‘‘(A) Each able-bodied, work-eligible adult work activity standard under subsection (a) unit described in clause (i) shall not receive without dependent children shall be required or (b) for that month— an increased allotment as the result of a de- to perform work activities for at least 60 ‘‘(i) no member of the family unit shall be crease in the income of the 1 or more strik- hours per month. eligible to receive food stamp benefits during ing members of the household. ‘‘(B) Each family head of a work-eligible the subsequent calendar month; and ‘‘(C) REFUSAL TO ACCEPT EMPLOYMENT.—In- single-headed family with dependent chil- ‘‘(ii) except as provided in subparagraph eligibility described in subparagraph (A) dren shall be required to perform work ac- (B), the State agency shall not provide the shall not apply to any family unit that does tivities for at least 120 hours per month. food stamp benefit payment for all members not contain a member on strike, if any of the ‘‘(C) Subject to paragraph (2), in each of the family unit that otherwise would have members of the family unit refuses to accept work-eligible married couple family with de- been issued at the beginning of the next employment at a plant or site because of a pendent children, the family head and mar- month. strike or lockout.’’. ried spouse shall be required to perform work ‘‘(B) ADMINISTRATIVE DELAY OF SANCTION.— (d) ELIGIBILITY OF STUDENTS WITH DEPEND- activities that when added together for the 2 ‘‘(i) IN GENERAL.—Except as provided in ENT CHILDREN.—Section 6(e) of the Food and adults equal at least 120 hours per month. clauses (ii) and (iii), if it is administratively

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infeasible for the State to not provide the priority to participation by the following re- ‘‘(ii) PENALTY MONTH.—The term ‘penalty food stamp benefit that would be issued at cipient groups: month’ means a month in which a State is the beginning of the first month after the ‘‘(i) Work-eligible adults without depend- penalized for the failure. month of noncompliance, the State shall not ent children. ‘‘(B) PENALTY.—If, in a month, a State fails provide the payment to all members of the ‘‘(ii) Work-eligible adults who are also re- to engage food stamp recipients in work acti- family unit that otherwise would have been cipients of housing assistance. vation in sufficient numbers to meet or ex- made at the beginning of the second month ‘‘(iii) Other work-eligible recipients at the ceed the appropriate work activation ratio after the month of noncompliance. time of initial application for food stamp under paragraph (3), the Federal food stamp ‘‘(ii) DEADLINE.—The sanction of benefits benefits. funding provided to the State in a subse- shall occur not later than 32 days after the ‘‘(B) PARTICIPATION SHARE.—Except as pro- quent penalty month shall be reduced in ac- end of the month of noncompliance. vided in subparagraph (C), at least 80 percent cordance with this paragraph. ‘‘(iii) RELATIONSHIP OF PAYMENTS TO MEM- of the participants in a work activation pro- ‘‘(C) TIMING.—The penalty month shall be BERS OF THE FAMILY UNIT.—At least 1 month- gram shall belong to at least 1 of the 3 pri- not later than 4 months after the non-per- ly payment to all members of the family ority groups listed in subparagraph (A). formance month. unit shall be not provided for each month of ‘‘(C) EXCEPTION.— ‘‘(D) REDUCTION.—The amount of Federal noncompliance under subparagraph (A). food stamp funding a State shall receive for ‘‘(i) IN GENERAL.—The percentage require- ‘‘(2) RESUMPTION OF BENEFITS AFTER SANC- ment in subparagraph (B) shall not apply if the penalty month shall equal the product TION.— the number of recipients in the 3 priority obtained by multiplying— ‘‘(A) IN GENERAL.—If a family unit has had groups in the State is insufficient to meet ‘‘(i) the amount of Federal food stamp the monthly benefit of the family unit not that requirement. funds the State would otherwise have re- provided due to noncompliance with a work ceived; and ‘‘(ii) PRIORITY.—In circumstances described activity requirement under subsection (b), ‘‘(ii) the quotient obtained by dividing— in clause (i), the State shall continue to give the family unit shall not be eligible to re- ‘‘(I) the actual monthly work activation priority to any recipients who belong to 1 of ceive future benefits under the food stamp ratio achieved by the State in the penalty the 3 priority groups. program, until— month; by ‘‘(5) REIMBURSABLE EXPENSES OF PARTICI- ‘‘(i) the 1 or more work-eligible members of ‘‘(II) the target monthly work activation PANTS.— the family unit have participated in the ratio for the penalty month. ‘‘(A) IN GENERAL.—A State agency shall work activation program under subsection ‘‘(7) REWARDS TO STATES FOR REDUCING GOV- provide payments or reimbursements to par- (e) for at least 4 consecutive subsequent ERNMENT DEPENDENCE.— ticipants in work activation carried out weeks and fulfilled the work activity stand- ‘‘(A) IN GENERAL.—If, in any future year, a under this section for— ard for the family unit for that same 4-week State reduces the food stamp caseload of the period; or ‘‘(i) the actual costs of transportation and State below the levels that existed in cal- ‘‘(ii) the family unit no longer contains other actual costs (other than dependent endar year 2006, the State shall receive a fi- any able-bodied, work-eligible adults. care costs) that are reasonably necessary nancial reward for reducing dependence. and directly related to participation in the ‘‘(B) LIMITATION.—The resumed benefits ‘‘(B) AMOUNT.—The reward shall equal 1⁄4 of cannot restore or compensate for the bene- work activation components of the program; the savings to the Federal Government for fits that were not provided due to the sanc- and that year that resulted from the caseload re- tion imposed under paragraph (1). ‘‘(ii) the actual costs of such dependent duction. care expenses as are determined by the State ‘‘(d) WORK ACTIVATION IS NOT EMPLOY- ‘‘(C) USE OF REWARD.—A State may use re- agency to be necessary for the participation MENT.—Participation in work activation ac- ward funding under this paragraph for any of an individual in the work activation com- tivities under this section shall— purpose chosen by the State that— ponents of the program (other than an indi- ‘‘(1) not be considered to be employment; ‘‘(i) provides benefits or services to individ- and vidual who is the caretaker relative of a de- uals with incomes below 200 percent of the ‘‘(2) not be subject to any law pertaining to pendent in a family receiving benefits under Federal poverty level; wages, compensation, hours, or conditions of part A of title IV of the Social Security Act ‘‘(ii) improves social outcomes in low-in- employment under any law administered by (42 U.S.C. 601 et seq.)) in a local area in come populations; the Secretary of Labor. which an employment, training, or education ‘‘(iii) encourages healthy marriage; or program under title IV of that Act (42 U.S.C. ‘‘(e) WORK ACTIVATION PROGRAM.— ‘‘(iv) increases self-sufficiency and reduces 601 et seq.) is in operation, on the condition ‘‘(1) PROGRAM.—Each State participating dependence. that no such payment or reimbursement in the food stamp program shall carry out a ‘‘(8) AUTHORIZATION OF FUNDING.— shall exceed the applicable local market work activation program. ‘‘(A) IN GENERAL.—There is authorized to rate. ‘‘(2) PURPOSE.— be appropriated to the Secretary to provide ‘‘(B) VOUCHERS.— ‘‘(A) IN GENERAL.—The goal of each work funds to State governments for the purpose activation program shall be to increase the ‘‘(i) IN GENERAL.—In lieu of providing reim- of carrying out work activation programs in employment of able-bodied, work-eligible bursements for dependent care expenses accordance with this section $2,500,000,000 for adult food stamp recipients. under subparagraph (A)(ii), a State agency fiscal year 2014 and each subsequent fiscal may, at the option of the State agency, ar- ‘‘(B) REQUIREMENT.—To accomplish the year. goal, each State shall require able-bodied range for dependent care through providers ‘‘(B) ALLOCATION AMONG STATES.—The total adult food stamp recipients who are unem- by providing vouchers to the household to amount appropriated under subparagraph (A) ployed or under-employed to engage in work allow the recipient to choose between all for a fiscal year shall be allocated among the activation. lawful providers. States in accordance with the proportion of ‘‘(3) TARGET WORK ACTIVATION RATIOS.— ‘‘(ii) VALUE OF VOUCHERS.—The value of a each State’s share of total funding for the ‘‘(A) IN GENERAL.—Beginning on the date voucher shall not exceed the average local food stamp program under this Act in fiscal that is 180 days after the date of enactment market rate. year 2007.’’. of this section, a State shall engage able- ‘‘(C) VALUE OF SERVICES.—The value of any (i) CONFORMING AMENDMENTS.— bodied food stamp recipients in work activa- dependent care services provided for or ar- (1) Section 5 of the Food and Nutrition Act tion each month in sufficient numbers to ranged under subparagraph (A) or (B), or any of 2008 (7 U.S.C. 2014) is amended— meet the following monthly target work ac- amount received as a payment or reimburse- (A) in subsection (a), in the second sen- tivation ratios: ment under subparagraph (A), shall— tence, by striking ‘‘, 6(d)(2),’’; ‘‘(i) In 2014, the monthly target work acti- ‘‘(i) not be treated as income for the pur- (B) in subsection (d)(14), by striking ‘‘sec- vation ratio shall be 4 percent. poses of any other Federal or federally as- tion 6(d)(4)(I)’’ and inserting ‘‘section 29’’; ‘‘(ii) In 2015 and each subsequent year, the sisted program that bases eligibility for, or (C) in subsection (e)(3)(B)(ii), by striking monthly target work activation ratio shall the amount of benefits on, need; and ‘‘subsection (d)(3)’’ and inserting ‘‘section be 7 percent. ‘‘(ii) not be claimed as an employment-re- 29’’; and ‘‘(B) LIMITATION ON EDUCATION AND TRAIN- lated expense for the purposes of the credit (D) in the first sentence of subsection ING AS A COMPONENT OF WORK ACTIVATION.— provided under section 21 of the Internal (g)(3), by striking ‘‘section 6(d)’’ and insert- For purposes of compliance by the State Revenue Code of 1986. ing ‘‘section 29’’. with the work activation ratios, not more ‘‘(6) PENALTIES FOR INADEQUATE STATE PER- (2) Section 7(i)(1) of the Food and Nutrition than 20 percent of the monthly work activa- FORMANCE.— Act of 2008 (7 U.S.C. 2016(i)(1)) is amended by tion participants counted by the State may ‘‘(A) DEFINITIONS.—In this paragraph: striking ‘‘section 6(o)(2)’’ and inserting ‘‘sec- be engaged in employment and training as a ‘‘(i) NON-PERFORMANCE MONTH.—The term tion 6(o)’’. means of fulfilling the employment and work ‘non-performance month’ means a month in (3) Section 11(e) of the Food and Nutrition activation standards of the participants. which a State fails to engage food stamp re- Act of 2008 (7 U.S.C. 2020(e)) is amended— ‘‘(4) WORK ACTIVATION PRIORITY POPU- cipients in work activation in sufficient (A) by striking paragraph (19); and LATIONS.— numbers to meet or exceed the appropriate (B) by redesignating paragraphs (20) ‘‘(A) IN GENERAL.—In carrying out the target work activation ratio under para- through (23) as paragraphs (19) through (22), work activation programs, a State shall give graph (3). respectively.

VerDate Mar 15 2010 04:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.055 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3785 (4) Section 16 of the Food and Nutrition mining any excess shelter expense deduction technical assistance has been the main Act of 2008 (7 U.S.C. 2025) is amended— under section 5(e) of the Food and Nutrition source of emergency response assistance in (A) in subsection (b)(4), by striking ‘‘sec- Act of 2008 (7 U.S.C. 2014(e))’’, and small and rural communities. tion 6(d)’’ and inserting ‘‘section 29’’; and (2) in subparagraph (A), by inserting before (b) SENSE OF CONGRESS.—It is the sense of (B) by striking subsection (h). the semicolon the following: ‘‘, except that Congress that— (5) Section 17 of the Food and Nutrition such payments or allowances shall not be (1) to most effectively assist small and Act of 2008 (7 U.S.C. 2026) is amended— considered to be expended for purposes of de- rural communities, the Environmental Pro- (A) in subsection (b)— termining any excess shelter expense deduc- tection Agency should prioritize the types of (i) in paragraph (1)(B)(iv)(III)— tion under section 5(e)(6) of the Food and Nu- technical assistance that are most beneficial (I) by striking item (bb); and trition Act of 2008 (7 U.S.C. 2014(e)(6))’’. to those communities, based on input from (II) by redesignating items (cc) through (jj) those communities; and as items (bb) through (ii), respectively; SA 1108. Mr. WICKER submitted an (2) local support is the key to making Fed- (ii) in paragraph (2), by striking the second amendment intended to be proposed by eral assistance initiatives work in small and sentence; and him to the bill S. 954, to reauthorize rural communities to the maximum benefit. (iii) in paragraph (3)(B), in the first sen- agricultural programs through 2018; (c) FUNDING PRIORITIES.—Section 1442(e) of tence, by striking ‘‘section 6(d)’’ and insert- which was ordered to lie on the table; the Safe Drinking Water Act (42 U.S.C. 300j– ing ‘‘section 29,’’; and 1(e)) is amended— (B) by striking subsection (g). as follows: (1) by designating the first through sev- (6) Section 20 of the Food and Nutrition On page 929, between lines 2 and 3, insert enth sentences as paragraphs (1) through (7), Act of 2008 (7 U.S.C. 2029) is amended— the following: respectively; (A) in subsection (b)— SEC. 73ll. AGRICULTURAL TECHNOLOGY INNO- (2) in paragraph (5) (as so designated), by (i) by striking paragraph (1); and VATION PARTNERSHIP PILOT PRO- striking ‘‘1997 through 2003’’ and inserting GRAM FOR REGIONAL COLLABORA- (ii) by redesignating paragraphs (2) ‘‘2014 through 2019’’; and through (6) as paragraphs (1) through (5), re- TION AND INNOVATIVE VENTURE DEVELOPMENT TRAINING. (3) by adding at the end the following: spectively; Subtitle A of title VI of the Agricultural ‘‘(8) NONPROFIT ORGANIZATIONS.— (B) by striking subsection (f); and Research, Extension, and Education Reform ‘‘(A) IN GENERAL.—The Administrator may (C) by redesignating subsection (g) as sub- Act of 1998 is amended by adding after sec- use amounts made available to carry out section (f). tion 604 (7 U.S.C. 7642) the following: this section to provide technical assistance (7) Section 22(b) of the Food and Nutrition ‘‘SEC. 605. AGRICULTURAL TECHNOLOGY INNO- to nonprofit organizations that provide to Act of 2008 (7 U.S.C. 2031(b)) is amended by VATION PARTNERSHIP PILOT PRO- small public water systems onsite technical striking paragraph (4). GRAM FOR REGIONAL COLLABORA- assistance, circuit-rider technical assistance (8) Section 26(f)(3)(E) of the Food and Nu- TION AND INNOVATIVE VENTURE programs, onsite and regional training, as- trition Act of 2008 (7 U.S.C. 2036(f)(3)(E)) is DEVELOPMENT TRAINING. sistance with implementing source water amended by striking ‘‘(22), and (23)’’ and in- ‘‘(a) IN GENERAL.—Funds made available protection plans, and assistance with imple- serting ‘‘(21), and (22)’’. under this section shall be used to provide mentation monitoring plans, rules, regula- (9) Section 501(b)(2)(E) of the Workforce In- regional collaborations, technology transfer tions, and water security enhancements. vestment Act of 1998 (20 U.S.C. 9271(b)(2)(E)) and commercialization, and innovative ven- ‘‘(B) PREFERENCE.—To ensure that tech- is amended by striking ‘‘section 6(d)’’ and all ture development training under the Agri- nical assistance funding is used in a manner that follows through the end and inserting cultural Technology Innovation Partnership that is most beneficial to the small and rural ‘‘section 29 of the Food and Nutrition Act of program of the Office of Technology Transfer communities of a State, the Administrator 2008.’’. in the Agricultural Research Service. shall give preference under this paragraph to (10) Section 112(b)(8)(A)(iii) of the Work- ‘‘(b) FUNDING.—Of the funds made available nonprofit organizations that, as determined force Investment Act of 1998 (29 U.S.C. to the Agricultural Research Service, the by the Administrator, are the most qualified 2822(b)(8)(A)(iii)) is amended by striking Secretary shall use to carry out this section and experienced and that the small commu- ‘‘section 6(d)(4)’’ and all that follows through $500,000 for each of fiscal years 2014 through nity water systems in that State find to be ‘‘(7 U.S.C. 2015(d)(4))’’ and inserting ‘‘section 2018.’’. the most beneficial and effective.’’. 29 of the Food and Nutrition Act of 2008’’. Mr. WICKER (for himself, (11) Section 121(b)(2)(B)(ii) of the Work- SA 1109. SA 1110. Mr. MCCAIN submitted an force Investment Act of 1998 (29 U.S.C. Mr. VITTER, and Mr. RISCH) submitted amendment intended to be proposed by 2841(b)(2)(B)(ii)) is amended by striking ‘‘sec- an amendment intended to be proposed him to the bill S. 954, to reauthorize tion 6(d)(4)’’ and all that follows through the by him to the bill S. 954, to reauthorize agricultural programs through 2018; end and inserting ‘‘section 29 of the Food and agricultural programs through 2018; Nutrition Act of 2008;’’. which was ordered to lie on the table; which was ordered to lie on the table; as follows: SEC. lllll. CATEGORICAL ELIGIBILITY LIM- as follows: ITED TO CASH ASSISTANCE. Beginning on page 83, strike line 16 and all Section 5 of the Food and Nutrition Act of On page 1150, after line 15, add the fol- that follows through page 84, line 18, and in- 2008 (7 U.S.C. 2014) is amended— lowing: sert the following: SEC. 122lll. GRASSROOTS RURAL AND SMALL (1) in the second sentence of subsection (a), Subtitle C—Sugar Program Repeal by striking ‘‘households in which each mem- COMMUNITY WATER SYSTEMS AS- ber receives benefits’’ and inserting ‘‘house- SISTANCE. SEC. 1301. REPEAL OF SUGAR PROGRAM. holds in which each member receives cash (a) FINDINGS.—Congress finds that— Section 156 of the Federal Agriculture Im- assistance’’; and (1) the Safe Drinking Water Act Amend- provement and Reform Act of 1996 (7 U.S.C. (2) in subsection (j), by striking ‘‘who re- ments of 1996 (Public Law 104–182) authorized 7272) is repealed. ceives benefits’’ and inserting ‘‘who receives technical assistance for small and rural com- SEC. 1302. ELIMINATION OF SUGAR PRICE SUP- cash assistance’’. munities to assist those communities in PORT AND PRODUCTION ADJUST- complying with regulations promulgated MENT PROGRAMS. SEC. lllll. STANDARD UTILITY ALLOWANCES BASED ON THE RECEIPT OF ENERGY pursuant to the Safe Drinking Water Act (42 (a) IN GENERAL.—Notwithstanding any ASSISTANCE PAYMENTS. U.S.C. 300f et seq.); other provision of law— (a) STANDARD UTILITY ALLOWANCE.—Sec- (2) technical assistance and compliance (1) a processor of any of the 2014 or subse- tion 5 of the Food and Nutrition Act of 2008 training— quent crops of sugarcane or sugar beets shall (7 U.S.C. 2014) is amended— (A) ensures that Federal regulations do not not be eligible for a loan under any provision (1) in subsection (e)(6)(C), by striking overwhelm the resources of small and rural of law with respect to the crop; and clause (iv), and communities; and (2) the Secretary of Agriculture may not (2) in subsection (k), by striking paragraph (B) provides small and rural communities make price support available, whether in the (4) and inserting the following: lacking technical resources with the nec- form of a loan, payment, purchase, or other ‘‘(4) THIRD PARTY ENERGY ASSISTANCE PAY- essary skills to improve and protect water operation, for any of the 2014 and subsequent MENTS.—For purposes of subsection (d)(1), a resources; crops of sugar beets and sugarcane by using payment made under a State law (other than (3) across the United States, more than 90 the funds of the Commodity Credit Corpora- a law referred to in paragraph (2)(G)) to pro- percent of the community water systems tion or other funds available to the Sec- vide energy assistance to a household shall serve a population of less than 10,000 individ- retary. be considered money payable directly to the uals; (b) TERMINATION OF MARKETING QUOTAS household.’’. (4) small and rural communities have the AND ALLOTMENTS.— (b) CONFORMING AMENDMENTS.—Section greatest difficulty providing safe, affordable (1) IN GENERAL.—Part VII of subtitle B of 2605(f)(2) of the Low-Income Home Energy public drinking water and wastewater serv- title III of the Agricultural Adjustment Act Assistance Act of 1981 (42 U.S.C. 8624(f)(2)) is ices due to limited economies of scale and of 1938 (7 U.S.C. 1359aa et seq.) is repealed. amended— lack of technical expertise; and (2) CONFORMING AMENDMENT.—Section (1) in the matter preceding subparagraph (5) in addition to being the main source of 344(f)(2) of the Agricultural Adjustment Act (A), by striking ‘‘and for purposes of deter- compliance assistance, small and rural water of 1938 (7 U.S.C. 1344(f)(2)) is amended by

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striking ‘‘sugar cane for sugar, sugar beets Agricultural Act of 1949 (7 U.S.C. 1446(a)) is (d) TRANSITION PROVISIONS.—This section for sugar,’’. amended by striking ‘‘milk, sugar beets, and and the amendments made by this section (c) GENERAL POWERS.— sugarcane’’ and inserting ‘‘, and milk’’. shall not affect the liability of any person (1) SECTION 32 ACTIVITIES.—Section 32 of the (4) COMMODITY CREDIT CORPORATION STOR- under any provision of law as in effect before Act of August 24, 1935 (7 U.S.C. 612c), is AGE PAYMENTS.—Section 167 of the Federal the application of this section and the amended in the second sentence of the first Agriculture Improvement and Reform Act of amendments made by this section. paragraph— 1996 (7 U.S.C. 7287) is repealed. SEC. 1303. ELIMINATION OF SUGAR TARIFF AND (A) in paragraph (1), by inserting ‘‘(other (5) SUSPENSION AND REPEAL OF PERMANENT OVER-QUOTA TARIFF RATE. than sugar beets and sugarcane)’’ after PRICE SUPPORT AUTHORITY.—Section 171(a)(1) ‘‘commodities’’; and of the Federal Agriculture Improvement and (a) ELIMINATION OF TARIFF ON RAW CANE (B) in paragraph (3), by inserting ‘‘(other Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is SUGAR.—Chapter 17 of the Harmonized Tariff than sugar beets and sugarcane)’’ after amended— Schedule of the United States is amended by ‘‘commodity’’. (A) by striking subparagraph (E); and striking subheadings 1701.13 through (2) POWERS OF COMMODITY CREDIT CORPORA- (B) by redesignating subparagraphs (F) 1701.14.50 and inserting in numerical se- TION.—Section 5(a) of the Commodity Credit through (I) as subparagraphs (E) through (H), quence the following new subheading, with Corporation Charter Act (15 U.S.C. 714c(a)) is respectively. the article description for such subheading amended by inserting ‘‘, sugar beets, and (6) STORAGE FACILITY LOANS.—Section having the same degree of indentation as the sugarcane’’ after ‘‘tobacco’’. 1402(c) of the Farm Security and Rural In- article description for subheading 1701.13, as (3) PRICE SUPPORT FOR NONBASIC AGRICUL- vestment Act of 2002 (7 U.S.C. 7971) is re- in effect on the day before the date of the en- TURAL COMMODITIES.—Section 201(a) of the pealed. actment of this section:

‘‘ 1701.13.00 Cane sugar specified in subheading note 2 to this chapter ...... Free 39.85¢/kg 1701.14.00 Other cane sugar ...... Free 39.85¢/kg ’’. (b) ELIMINATION OF TARIFF ON BEET 1701.12.50 and inserting in numerical se- article description for subheading 1701.12, as SUGAR.—Chapter 17 of the Harmonized Tariff quence the following new subheading, with in effect on the day before the date of the en- Schedule of the United States is amended by the article description for such subheading actment of this section: striking subheadings 1701.12 through having the same degree of indentation as the

‘‘ 1701.12.00 Beet sugar...... Free 42.05¢/kg ’’. (c) ELIMINATION OF TARIFF ON CERTAIN RE- (1) by striking the superior text imme- the article description for such subheading FINED SUGAR.—Chapter 17 of the Harmonized diately preceding subheading 1701.91.05 and having the same degree of indentation as the Tariff Schedule of the United States is by striking subheadings 1701.91.05 through article description for subheading 1701.12.05, amended— 1701.91.30 and inserting in numerical se- as in effect on the day before the date of the quence the following new subheading, with enactment of this section:

‘‘ 1701.91.02 Containing added coloring but not containing added flavoring matter ...... Free 42.05¢/kg ’’; (2) by striking subheadings 1701.99 through the article description for such subheading in effect on the day before the date of the en- 1701.99.50 and inserting in numerical se- having the same degree of indentation as the actment of this section: quence the following new subheading, with article description for subheading 1701.99, as

‘‘ 1701.99.00 Other ...... Free 42.05¢/kg ’’; (3) by striking the superior text imme- 1702.90.20 and inserting in numerical se- having the same degree of indentation as the diately preceding subheading 1702.90.05 and quence the following new subheading, with article description for subheading 1702.60.22: by striking subheadings 1702.90.05 through the article description for such subheading

‘‘ 1702.90.02 Containing soluble non-sugar solids (excluding any foreign substances, includ- ing but not limited to molasses, that may have been added to or developed in the product) equal to 6 percent or less by weight of the total soluble solids ..... Free 42.05¢/kg ’’; and by striking subheadings 2106.90.42 through the article description for such subheading (4) by striking the superior text imme- 2106.90.46 and inserting in numerical se- having the same degree of indentation as the diately preceding subheading 2106.90.42 and quence the following new subheading, with article description for subheading 2106.90.39:

‘‘ 2106.90.40 Syrups derived from cane or beet sugar, containing added coloring but not added flavoring matter ...... Free 42.50¢/kg ’’. (d) CONFORMING AMENDMENT.—Chapter 17 him to the bill S. 954, to reauthorize inclusion, to the extent practicable, in the of the Harmonized Tariff Schedule of the agricultural programs through 2018; National Broadband Map.’’; United States is amended by striking addi- which was ordered to lie on the table; tional U.S. note 5. as follows: SA 1112. Mr. SCHUMER submitted an (e) ADMINISTRATION OF TARIFF-RATE amendment intended to be proposed by Beginning on page 858, strike line7 and all QUOTAS.—Section 404(d)(1) of the Uruguay him to the bill S. 954, to reauthorize Round Agreements Act (19 U.S.C. 3601(d)(1)) that follows through page 860, line 9, and in- sert the following: agricultural programs through 2018; is amended— ‘‘(k) BROADBAND BUILDOUT DATA.— which was ordered to lie on the table; (1) by inserting ‘‘or’’ at the end of subpara- ‘‘(1) IN GENERAL.—As a condition of receiv- as follows: graph (B); ing a grant, loan, or loan guarantee under (2) by striking ‘‘; or’’ at the end of subpara- On page 123, between lines 13 and 14, insert this section, a recipient of assistance shall the following: graph (C) and inserting a period; and provide to the Secretary address-level (3) by striking subparagraph (D). broadband buildout data that indicates the Subpart D—Dairy Block Grant Program (f) EFFECTIVE DATE.—The amendments location of new broadband service that is SEC. 14ll. ESTABLISHMENT OF PILOT DAIRY made by this section apply with respect to being provided or upgraded within the serv- BLOCK GRANT PROGRAM. goods entered, or withdrawn from warehouse ice territory supported by the grant, loan, or (a) PURPOSE.—The purpose of this section for consumption, on or after the 15th day loan guarantee not later than 30 days after is to require the Secretary to make grants to after the date of the enactment of this Act. the earlier of— States to be used by State departments of SEC. 1304. APPLICATION. ‘‘(A) the date of completion of any project agriculture solely to enhance the competi- Except as otherwise provided in this sub- milestone established by the Secretary; or tiveness of dairy farms, specifically by pro- title, this subtitle and the amendments made ‘‘(B) the date of completion of the project. viding technical assistance to promote farm by this subtitle shall apply beginning with ‘‘(2) ADDRESS-LEVEL DATA.—The Secretary productivity, profitability, and environ- the 2014 crop of sugar beets and sugarcane. shall make accessible to each State and pro- mental stewardship. vide to the Administrator of the National (b) ESTABLISHMENT.—The Secretary shall SA 1111. Mr. WARNER submitted an Broadband Map the address-level broadband establish and administer a pilot program to amendment intended to be proposed by buildout data described in paragraph (1) for achieve the purpose of this section under

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which the Secretary shall make block grants ‘‘(e) ALTERNATIVE.—If the Administrator in monitoring and measuring the effects of a in amounts to be determined by the Sec- determines that the report required under series of reforms by the Federal Communica- retary to eligible States, as determined by subsection (c) cannot be submitted by the tions Commission (in this section referred to the Secretary. date specified under subsection (c)— as the ‘‘FCC’’) intended to promote the avail- (c) ELIGIBILITY.— ‘‘(1) the Administrator shall notify, not ability and affordability of broadband serv- (1) IN GENERAL.—To be eligible to receive a later than 60 days after the date of enact- ice throughout the United States. grant under this section, a State department ment of this subsection, the Committee on (b) REPORT.—The Comptroller General of of agriculture shall prepare and submit, for Banking, Housing, and Urban Affairs of the the United States shall prepare a report pro- approval by the Secretary, an application at Senate and the Committee on Financial viding detailed measurements, statistics, such time, in such a manner, and containing Services of the House of Representatives of and metrics with respect to— such information as the Secretary shall re- an alternative method of gathering the infor- (1) the progress of implementation of the quire, including— mation required under this section; reforms adopted in the FCC’s Report and (A) a State plan that meets the require- ‘‘(2) the Administrator shall submit, not Order and Further Notice of Proposed Rule- ments described in paragraph (2); later than 180 days after the Administrator making adopted on October 27, 2011 (FCC 11– (B) an assurance that the State will com- submits the notification required under 161) (in this section referred to as the ply with the requirements of the plan; and paragraph (1), to the Committee on Banking, ‘‘Order’’); (C) an assurance that grant funds received Housing, and Urban Affairs of the Senate and (2) the effects, if any, of such reforms on under this section shall supplement, and not the Committee on Financial Services of the retail end user rates during the applicable supplant, the expenditure of State funds in House of Representatives the information calendar year for— support of dairy farms in the State. gathered using the alternative method de- (A) local voice telephony services (includ- ing any subscriber line charges and access (2) PLAN REQUIREMENTS.—A State plan scribed in paragraph (1); and recovery charges assessed by carriers upon shall— ‘‘(3) upon the submission of information re- purchasers of such services); (A) identify the lead agency charged with quired under paragraph (2), the requirement (B) interconnected VoIP services; the responsibility of carrying out the plan; under subsection (c) shall be deemed satis- (C) long distance voice services; and fied.’’. (D) mobile wireless voice services; (B) indicate the manner in which grant (E) bundles of voice telephony or VoIP funds will be use to enhance the competitive- SA 1114. Mrs. FEINSTEIN submitted services (such as local and long distance ness of dairy farms. an amendment intended to be proposed voice packages); (d) ADMINISTRATION.—Grants made to an by her to the bill S. 954, to reauthorize (F) fixed broadband Internet access serv- eligible State under subsection (b) shall be agricultural programs through 2018; ices; and administered by the department of agri- which was ordered to lie on the table; (G) mobile broadband Internet access serv- culture of the State. as follows: ices; (e) STATE PROGRAM AUTHORITY.—In car- (3) any disparities or trends detectable dur- rying out the block grant program in a On page 1096, between lines 15 and 16, insert ing the applicable calendar year with respect State, an eligible State may determine par- the following: to the relative average (such as per-con- ticipant eligibility. SEC. 110l. MARKET LOSS PILOT ENDORSEMENT sumer) retail rates charged for each of the (f) REPORT.—At the conclusion of the block PROGRAM. services listed in paragraph (2) to consumers grant program, the Secretary shall submit to Section 523 of the Federal Crop Insurance Act (7 U.S.C. 1523) is amended by adding at (including both residential and business Congress a report describing the results of users) located in rural areas and urban areas; the program. the end the following: ‘‘(i) MARKET LOSS PILOT ENDORSEMENT (4) any disparities or trends detectable dur- (g) AUTHORIZATION OF APPROPRIATIONS.— ing the applicable calendar year with respect There is authorized to be appropriated to PROGRAM.— ‘‘(1) IN GENERAL.—To the extent prac- to the relative average (such as per-con- carry out this section $5,000,000, to remain sumer) retail rates charged for each of the available until expended. ticable starting with the 2014 reinsurance year, notwithstanding subsection (a)(1) and services listed in paragraph (2) as between incumbent local exchange carriers subject to SA 1113. Ms. LANDRIEU (for herself, the limitation on premium increases in sec- tion 508(i)(1), the Corporation shall establish rate-of-return regulation; Mr. MENENDEZ, and Mrs. GILLIBRAND) and carry out a market loss pilot endorse- (5) the effects, if any, of those reforms submitted an amendment intended to ment program for producers of specialty adopted in the Order on average fixed and be proposed by her to the bill S. 954, to crops (as defined in section 3 of the Specialty mobile broadband Internet access speeds, re- reauthorize agricultural programs Crops Competitiveness Act of 2004 (7 U.S.C. spectively, available to residential and busi- through 2018; which was ordered to lie 1621 note; Public Law 108-465)). ness consumers, respectively, during the ap- on the table; as follows: ‘‘(2) LOSSES COVERED.—The endorsement plicable calendar year; (6) any disparities or trends detectable dur- At the end of title XII, add the following: authorized under this subsection shall cover losses of a defined commodity due to a quar- ing the applicable calendar year with respect Subtitle D—National Flood Insurance antine imposed under Federal law, pursuant to the relative average fixed and mobile Program to the terms of which the commodity is de- broadband Internet access speeds, respec- SEC. 12301. DELAY IN IMPLEMENTATION OF SEC- stroyed, may not be marketed, or otherwise tively, available to residential and business TION 100207 OF THE BIGGERT- may not be used for its intended purpose (as consumers, respectively, in rural areas and WATERS FLOOD INSURANCE RE- urban areas; FORM ACT OF 2012. determined by the Secretary). ‘‘(3) BUY-UP REQUIREMENT.—An endorse- (7) the effects, if any, of those reforms Notwithstanding any other provision of ment authorized under this subsection shall adopted in the Order on the magnitude and law, section 1308(h) of the National Flood In- be purchased as part of a policy or plan of in- pace of investments in broadband-capable surance Act of 1968 (42 U.S.C. 4015(h)), as surance at the additional coverage level. networks in rural areas, including such in- added by section 100207 of the Biggert-Waters ‘‘(4) DETERMINATION BY BOARD.—The Board vestments financed by the Department of Flood Insurance Reform Act of 2012 (Public shall approve a policy or plan of insurance Agriculture’s Rural Utilities Service under Law 112–141; 126 Stat. 919), shall have no proposed under paragraph (1) if, as deter- the Rural Electrification Act of 1936 (7 U.S.C. force or effect until the date that is 3 years mined by the Board, the policy or plan of in- 901 et seq.); after the date of enactment of this Act. surance— (8) any disparities or trends detectable dur- SEC. 12302. AFFORDABILITY STUDY. ‘‘(A) protects the interest of producers; ing the applicable calendar year with respect Section 100236 of the Biggert-Waters Flood ‘‘(B) is actuarially sound; and to the relative magnitude and pace of invest- Insurance Reform Act of 2012 (Public Law ‘‘(C) requires the payment of premiums and ments in broadband-capable networks in 112–141; 126 Stat. 957) is amended— administrative fees by a producer obtaining rural areas and urban areas; (1) in subsection (c), by striking ‘‘Not’’ and the insurance.’’. (9) any disparities or trends detectable dur- inserting the following: ‘‘Subject to sub- ing the applicable calendar year with respect section (e), not’’; SA 1115. Mr. BEGICH submitted an to the magnitude and pace of investments in (2) in subsection (d)— amendment intended to be proposed by broadband-capable networks in areas served (A) by striking ‘‘Notwithstanding’’ and in- him to the bill S. 954, to reauthorize by carriers subject to rate-of-return regula- serting the following: tion; agricultural programs through 2018; ‘‘(1) NATIONAL FLOOD INSURANCE FUND.— (10) the effects, if any, of those reforms Notwithstanding’’; and which was ordered to lie on the table; adopted in the Order on adoption of (B) by adding at the end the following: as follows: broadband Internet access services by end ‘‘(2) OTHER FUNDING SOURCES.—To carry out On page 877, after line 18, insert the fol- users; this section, in addition to the amount made lowing: (11) the effects, if any, of such reforms on available under paragraph (1), the Adminis- SEC. 6208. GAO REPORT ON UNIVERSAL SERVICE State universal service funds or other State trator may use any other amounts that are REFORMS. universal service initiatives, including car- available to the Administrator.’’; and (a) PURPOSE.—The purpose of the report re- rier-of-last-resort requirements that may be (3) by adding at the end the following: quired under subsection (b) is to aid Congress enforced by any State; and

VerDate Mar 15 2010 04:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.056 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3788 CONGRESSIONAL RECORD — SENATE May 22, 2013 (12) the effects, if any, of such reforms in by invitation only. However, those The PRESIDING OFFICER. Without minimizing consumer payment burdens, wishing to submit written testimony objection, it is so ordered. curbing the growth of the universal service for the hearing record should send it to COMMITTEE ON HOMELAND SECURITY AND fund, and improving the economic efficiency the Committee on Energy and Natural GOVERNMENTAL AFFAIRS of the universal service program. (c) TIMING.—On or before December 31, 2013, Resources, United States Senate, 304 Mr. UDALL of Colorado. Mr. Presi- and annually thereafter for the following 5 Dirksen Senate Office Building, Wash- dent, I ask unanimous consent that the calendar years, the Comptroller General ington, DC 20510–6150, or by email to Committee on Homeland Security and shall submit the report required under sub- [email protected]. Governmental Affairs be authorized to section (b) to the following: For further information, please con- meet during the session of the Senate (1) The Committee on Commerce, Science, tact David Brooks (202) 224–9863 or John on May 22, 2013, at 5 p.m. and Transportation of the Senate. Assini (202) 224–9313. The PRESIDING OFFICER. Without (2) The Committee on Agriculture, Nutri- tion, and Forestry of the Senate. f objection, it is so ordered. (3) The Committee on Energy and Com- AUTHORITY FOR COMMITTEES TO COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP merce of the House of Representatives. MEET (4) The Committee on Agriculture of the Mr. UDALL of Colorado. Mr. Presi- House of Representatives. COMMITTEE ON COMMERCE, SCIENCE, AND dent, I ask unanimous consent that the (d) DATA INCLUSION.—The report required TRANSPORTATION Committee on Small Business and En- under subsection (b) shall include all data Mr. UDALL of Colorado. Mr. Presi- trepreneurship be authorized to meet that the Comptroller General deems relevant dent, I ask unanimous consent that the to and supportive of any conclusions drawn during the session of the Senate on Committee on Commerce, Science, and May 22, 2013, at 10 a.m. in room 428A with respect to the effects of the FCC’s re- Transportation be authorized to meet forms and any disparities or trends detected Russell Senate Office Building to con- in the items subject to the report. during the session of the Senate on duct a roundtable entitled ‘‘Bridging (e) RULE OF CONSTRUCTION.—Nothing in May 22, 2013, at 2:30 p.m. in room 253 of the Skills Gap: How the STEM Edu- this section shall be construed to grant the the Russell Senate Office Senate Build- cation Pipeline Can Develop a High- Comptroller General of the United States ing. Skilled American Workforce for Small with any new or additional authority, or to The PRESIDING OFFICER. Without Business. aggrandize, add, or expand any authority objection, it is so ordered. currently vested in the Comptroller General. The PRESIDING OFFICER. Without COMMITTEE ON FINANCE objection, it is so ordered. f Mr. UDALL of Colorado. Mr. Presi- SPECIAL COMMITTEE ON AGING NOTICES OF HEARINGS dent, I ask unanimous consent that the Mr. UDALL of Colorado. Mr. Presi- COMMITTEE ON ENERGY AND NATURAL Committee on Finance be authorized to dent, I ask unanimous consent that the RESOURCES meet during the session of the Senate Special Committee on Aging be author- Mr. WYDEN. Mr. President, I would on, May 22, 2013, at 10 a.m., in room ized to meet during the session of the like to announce for the information of SD–215 of the Dirksen Senate Office Senate on May 22, 2013, to conduct a the Senate and the public that a hear- Building, to conduct a hearing entitled hearing entitled ‘‘10 Years Later: A ing has been scheduled before the Sub- ‘‘S. 662, the Trade Facilitation and Look at the Medicare Prescription committee on Water and Power of the Trade Enforcement Act of 2013.’’ Drug Program.’’ Committee on Energy and Natural Re- The PRESIDING OFFICER. Without The Committee will meet in room 366 sources. The hearing will be held on objection, it is so ordered. of the Dirksen Senate Office Building Thursday, June 6, 2013, at 2:30 p.m., in COMMITTEE ON FOREIGN RELATIONS beginning at 2:30 p.m. room SD–366 of the Dirksen Senate Of- Mr. UDALL of Colorado. Mr. Presi- The PRESIDING OFFICER. Without fice Building. dent, I ask unanimous consent that the objection, it is so ordered. The purpose of this oversight hearing Committee on Foreign Relations be au- SUBCOMMITTEE ON FINANCIAL AND is to examine the progress made by Na- thorized to meet during the session of CONTRACTING OVERSIGHT tive Hawaiians toward stated goals of the Senate on May 22, 2013, at 10:30 Mr. UDALL of Colorado. Mr. Presi- the Hawaiian Homelands Commission a.m., to hold a International Develop- dent, I ask unanimous consent that the Act. ment and Foreign Assistance, Eco- Committee on Homeland Security and Because of the limited time available nomic Affairs, International Environ- Governmental Affairs’ Subcommittee for the hearing, witnesses may testify mental Protection, and Peace Corps on Financial and Contracting Over- by invitation only. However, those subcommittee hearing entitled, ‘‘Dif- sight be authorized to meet during the wishing to submit written testimony ferent Perspectives on International session of the Senate on May 22, 2013, for the hearing record may do so by Development. at 2 p.m. to conduct a hearing entitled, sending it to the Committee on Energy The PRESIDING OFFICER. Without ‘‘Oversight and Business Practices of and Natural Resources, United States objection, it is so ordered. Durable Medical Equipment Compa- Senate, Washington, D.C. 20510–6150, or COMMITTEE ON HEALTH, EDUCATION, LABOR, nies.’’ by e-mail to danielle_deraney@energy AND PENSIONS The PRESIDING OFFICER. Without .senate.gov. Mr. UDALL of Colorado. Mr. Presi- objection, it is so ordered. For further information, please con- dent, I ask unanimous consent that the SUBCOMMITTEE ON WATER AND WILDLIFE tact Cisco Minthorn at (202) 224–4756 or Committee on Health, Education, Mr. UDALL of Colorado. Mr. Presi- Danielle Deraney at (202) 224–1219. Labor, and Pensions be authorized to dent, I ask unanimous consent that the COMMITTEE ON ENERGY AND NATURAL meet during the session of the Senate Subcommittee on Water and Wildlife of RESOURCES on, May 22, 2013, at 10 a.m. in SC–430. the Committee on Environment and Mr. WYDEN. Mr. President, I would The PRESIDING OFFICER. Without Public Works be authorized to meet like to announce for the information of objection, it is so ordered. during the session of the Senate on the Senate and the public that a hear- COMMITTEE ON HOMELAND SECURITY AND May 22, 2013, at 2:30 p.m. in room 406 of ing has been scheduled before the Com- GOVERNMENTAL AFFAIRS the Dirksen Senate Office Building, to mittee on Energy and Natural Re- Mr. UDALL of Colorado. Mr. Presi- conduct a hearing entitled, ‘‘Nutrient sources. dent, I ask unanimous consent that the Trading and Water Quality.’’ The hearing will be held on Thurs- Committee on Homeland Security and The PRESIDING OFFICER. Without day, June 6, 2013, at 9:30 a.m. in room Governmental Affairs be authorized to objection, it is so ordered. SD–366 of the Dirksen Senate Office meet during the session of the Senate f Building. on May 22, 2013, at 10 a.m. to conduct a The purpose of the hearing is to re- hearing entitled ‘‘Performance Man- PRIVILEGES OF THE FLOOR view the programs and activities of the agement and Congressional Oversight: Mr. WICKER. Mr. President, I ask Department of the Interior. 380 Recommendations to Reduce Over- unanimous consent that Ian Mulcahy, Because of the limited time available lap and Duplication to Make Wash- Emily Smail, and Donald Rausch, leg- for the hearing, witnesses may testify ington More Efficient.’’ islative fellows on my staff, be granted

VerDate Mar 15 2010 05:06 May 23, 2013 Jkt 029060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A22MY6.051 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — SENATE S3789 the privilege of the floor during the re- APPOINTMENT The PRESIDING OFFICER. Without mainder of this Congress. The PRESIDING OFFICER. The objection, it is so ordered. The PRESIDING OFFICER. Without Chair, on behalf of the Vice President, objection, it is so ordered. pursuant to Public Law 94–304, as f f amended by Public Law 99–7, appoints STOLEN VALOR ACT the following Senator as a member of PROGRAM Mr. REID. Mr. President, I ask unan- the Commission on Security and Co- operation in Europe (Helsinki) during Mr. REID. There will be two votes at imous consent that the Senate proceed 10:30 a.m. tomorrow. The first vote will to the consideration of H.R. 258, which the 113th Congress: The Honorable JOHN BOOZMAN of Arkansas. be a cloture vote on the D.C. Circuit was received from the House. Court of Appeals nomination, and the The PRESIDING OFFICER. The f second vote will be on the Sanders clerk will report the bill by title. ORDERS FOR THURSDAY, MAY 23, amendment to the farm bill. We will The assistant legislative clerk read 2013 continue to work through more amend- as follows: Mr. REID. Mr. President, I ask unan- ments on the farm bill tomorrow. Sen- A bill (H.R. 258) to amend title 18, United ators will be notified when any votes States Code, with respect to fraudulent rep- imous consent that when the Senate resentations about having received military completes its business today, it ad- are scheduled. decorations or medals. journ until 9:30 a.m. on Thursday, May There being no objection, the Senate 23, 2013; that following the prayer and f proceeded to consider the bill. the pledge, the morning hour be Mr. REID. Mr. President, I ask unan- deemed expired, the Journal of pro- ADJOURNMENT UNTIL 9:30 A.M. imous consent that the bill be read a ceedings be approved to date, the time TOMORROW third time and passed, the motion to for the two leaders be reserved for their reconsider be laid upon the table, and use later in the day; that following any Mr. REID. Mr. President, if there is that any statements relating to this leader remarks, the Senate be in a pe- no further business to come before the Senate, I ask unanimous consent that matter be printed in the RECORD. riod of morning business until 10:30 The PRESIDING OFFICER. Without a.m. with the time equally divided and it stand adjourned under the previous objection, it is so ordered. controlled between the two leaders or order. The bill (H.R. 258) was ordered to a their designees, with Senators per- There being no objection, the Senate, third reading, was read the third time, mitted to speak for up to 10 minutes at 6:47 p.m., adjourned until Thursday, and passed. each. May 23, 2013, at 9:30 a.m.

VerDate Mar 15 2010 04:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G22MY6.066 S22MYPT1 smartinez on DSK6TPTVN1PROD with SENATE May 22, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E719 EXTENSIONS OF REMARKS

IN HONOR OF THE 95TH ANNIVER- cation to public schools that best demonstrate City Kiwanis, and the San Mateo County Visi- SARY OF THE AZERBAIJAN educational excellence for all students and tors Bureau. Bob retired from service only two DEMOCRATIC REPUBLIC progress in narrowing the achievement gap. It years ago when he left the San Mateo County is awarded to approximately five percent of Mosquito and Vector Control District Board. HON. SUSAN A. DAVIS California schools each year, and none is Bob Bury earned and deserved the sobriquet ″ OF CALIFORNIA more deserving than Wheatland Union High ‘‘Mr. Redwood City ! School. Bob adored his family, and they him. He IN THE HOUSE OF REPRESENTATIVES Since it was established in 1907, Wheatland leaves his beloved wife of 70 years, June. He Wednesday, May 22, 2013 Union High School has been a cornerstone of also leaves four children; Susan (Harry Battin), Mrs. DAVIS of California. Mr. Speaker, I rise the south Yuba County community, which has Bob Bury Jr. (Sue Subbot), Judy Bury today to congratulate the people of the Repub- a rich history of supporting the state’s vital ag- Alessandri (Tom Alessandri), and Patricia lic of Azerbaijan in general, and the Azer- ricultural sector. Serving the communities of Bury, as well as several grandchildren who af- baijani community of San Diego in particular, Wheatland, Plumas Lake and Smartsville, as fectionately called him ‘‘Bobbie″. on the 95th anniversary of the Azerbaijan well as Beale Air Force Base, the high school Mr. Speaker, I ask my colleagues to join me Democratic Republic. covers an astounding 150 square miles, and in honoring the extraordinary life and accom- On May 28, 1918, Azerbaijan declared its has always been dedicated to providing the plishments of Bob Bury, and in extolling his independence and established the Azerbaijan best possible education for all students. This life of service to others. I also ask my col- Democratic Republic. The first-ever parliamen- is the first formal acknowledgement of their ef- leagues to join me in extending our most sin- tary democracy in the Muslim world, Azer- forts. cere condolences to Bob Bury’s family, for baijan proclaimed the right to vote for all re- Mr. Speaker, I am honored to recognize the their loss is a great one. I’m very proud to gardless of race, gender, ethnicity, and reli- impressive achievement of this fine school. I have had the opportunity to know and work gion, preceding even the United States in ask my colleagues to join me in congratulating with Bob Bury and even prouder to call him granting women equal political rights with Wheatland Union High School and thanking my friend. Through his leadership, integrity men. them for their continued efforts in serving and decency, he made our country and our This Republic was recognized by many ad- Yuba County students. community stronger and better. vanced nations of the time, including the f f United States. In fact, following a meeting with UNLISTED U.S. ARMY EOD/BOMB a delegation of the Azerbaijan Democratic Re- A TRIBUTE IN HONOR OF THE DISPOSAL CAUSALITY public during the Paris Peace Conference in LIFE OF THE HONORABLE ROB- 1919, President Woodrow Wilson remarked ERT HOWARD BURY, SR. that he and these men spoke the same lan- HON. ERIC A. ‘‘RICK’’ CRAWFORD guage with respect to conceptions of liberty, HON. ANNA G. ESHOO OF ARKANSAS right, and justice. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Tragically, Azerbaijan’s independence was IN THE HOUSE OF REPRESENTATIVES Wednesday, May 22, 2013 interrupted when the Russian Red Army in- Wednesday, May 22, 2013 vaded the nation in 1920. Only in 1991, as the Mr. CRAWFORD. Mr. Speaker, I would like Soviet Union disintegrated, were the people of Ms. ESHOO. Mr. Speaker, I rise today to to submit the following: Azerbaijan given a second chance to restore honor the life of a great and good man, a man [Researched by SGM Mike R. Vining, USA their democracy and rejoin the world’s com- who lived a life of service to his country and Retired] munity of free nations. his community. Robert Howard Bury died This is a list of Army Bomb Disposal/Ex- Over the last twenty–two years, the Repub- peacefully, surrounded by his loving family, at plosive Ordnance Disposal deaths involving the age of 94 on May 2, 2013. either training, performing bomb disposal lic of Azerbaijan has consolidated its sov- duties, or involvement in combat or post ereignty and independence, and has become Bob Bury was born in San Francisco to combat operations regardless of duty assign- one of the fastest growing economies in the Helen and Howard Bury. He and his sister ment at the time of death or illness resulting region and beyond. Azerbaijan is also a Gloria lived a happy but impecunious life with in death. staunch ally and strategic partner of the them. At an early age Bob delivered news- American Battle Monuments Commis- United States in the critically important Cas- papers and groceries to help make ends meet sion—WWII: All the below profiles marked pian region. for the family. This early training served him with (*) are listed on this website. Type in I congratulate the people of Azerbaijan on well in his later career as a successful tire their last name [leave a space] first name dealer in Redwood City and Palo Alto. and hit the search button. this important anniversary, and commend American Battle Monuments Commis- them on their continued efforts and commit- Bob Bury was a fine provider for his family sion—Korea: All the below profiles marked ment to building a strong and vibrant Azer- and his life was synonymous with service. He with (+) are listed on this website. Type in baijan. served his country in the United States Navy, their last name [leave a space] first name f with four years in combat in the Pacific. He and hit the search button. was a Machinists Mate 1st Class and served 1. PVT C.E. Mullenix was killed on 15 May WHEATLAND UNION HIGH SCHOOL on the USS Karnes, an attack transport ship. 1943. A report from the 10th Bomb Disposal SELECTED AS A 2013 CALIFORNIA Bob was proud of being aboard the Karnes Squad states that on 15 May 1943, PVT C. E. DISTINGUISHED SCHOOL during the Battle of Okinawa when the ship Mullenix was killed by an explosion during training at Aberdeen, Maryland. 2LT Jesse was delivering reinforcements of troops and F. Donovan and PVT D. J. Kueter were also HON. JOHN GARAMENDI equipment, despite being under Kamikaze at- injured in the same accident. 2LT Donovan OF CALIFORNIA tack. and PVT Kueter were briefly hospitalized IN THE HOUSE OF REPRESENTATIVES Bob also served his community through his and released. It is believed by a roommate of many years of extraordinary service to his be- PVT Mullenix that they were on a work de- Wednesday, May 22, 2013 loved home town, Redwood City. He served tail to move unstable WWI artillery rounds. Mr. GARAMENDI. Mr. Speaker, I rise today 24 years on the Redwood City Council, seeing No other details given. This information was to congratulate Wheatland Union High School the City through many difficult years, and was provided by LTC Robert Leiendecker, USA (Retired) with additional information pro- on its selection as a 2013 California Distin- Mayor from 1968 to 1972. He served in lead- vided by Dr. Jeffrey M. Leatherwood, Ph.D. guished School. ership posts in countless organizations, includ- 2. PFC Laurence C. Paystrup was killed The California Distinguished School award ing the Redwood City Chamber of Commerce, and SGT Ira Wiggins was mortally wounded is given by the California State Board of Edu- the Redwood City Port Commission, Redwood on 26 May 1943. SGT Wiggins died from his

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

VerDate Mar 15 2010 06:41 May 23, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K22MY8.001 E22MYPT1 jbell on DSK7SPTVN1PROD with REMARKS E720 CONGRESSIONAL RECORD — Extensions of Remarks May 22, 2013 wounds on 27 May 1943. PFC Paystrup and 42–6451) that departed at 1420 hours, 10 Octo- were made to have (chaperoned) Woman SGT Wiggins were assigned to the 2nd Ord- ber 1943. The aircraft was armed with only Army Corps (WACs) personnel on hand along nance Bomb Disposal Squad. Their deaths seven .50 caliber machineguns. The aircraft with several Italian women (Signorinas). were the result of five M9A1 anti-tank rifle was flying a ‘‘ferry’’ route between Algiers, 142nd Ordnance Bomb Disposal Squad his- grenades falling from a truck and detonating Algeria and Tunis, Tunisia when the aircraft tory: Quote, ‘‘At the conclusion of the dance at Speitla, Tunisia. disappeared and presumed crashed some- the drivers prepared their 6x6’s for the taxi Additional Facts: Born: 6 July 1919; Age: where in the Mediterranean Sea. Algiers was service afforded the Signorinas. The girls 23; Home State: Utah; Buried: Levan Ceme- the Headquarters for Allied Forces in North were taken home and the drivers returned. tery, Levan, Utah. Africa and it is assumed that 1LT T15 CPL Zore, one of the designated drivers, Find-A-Grave—PFC Paystrup Todorovich and CPT Dillon were traveling asked for special permission to escort his 3. SGT Ira Wiggins was mortally wounded on official bomb disposal business. 1LT (new girl) friend home and it was granted. and PFC Laurence C. Paystrup were killed Todorovich and CPT Dillon were likely Although much of the mystery has not been and on 26 May 1943. SGT Wiggins died from scheduled to make a connecting flight from cleared, whether it was foul play or just acci- his wounds on 27 May 1943. SGT Wiggins and Tunis to Naples, Italy. At the time of their dental, Zore’s body was found afloat (in a PFC Paystrup were assigned to the 2nd Ord- disappearance their duty location was Pa- pond) not far from the home of his (girl) nance Bomb Disposal Squad. Their deaths lermo, Sicily. Despite investigations by the friend the following morning. Since the vic- were the result of five M9A1 anti-tank rifle Army Air Force, neither wreckage, nor re- tim was one of the author’s closest friends he grenades falling from a truck and detonating mains have been recovered. At the time of has chosen not to dwell on the subject any at Speitla, Tunisia. their disappearance their duty location was more than possible, but he feels his death 4. CPT Frederick Harrison ‘‘Harrison’’ Dil- Palermo, Sicily. 1LT Todorovich is listed as should be recorded in our history as a memo- lon and 1LT Steven ‘‘Steve’’ Todorovich, Jr. missing-in-action, non-battle casualty. Also rial to his friendship’’ unquote. Zore’s vehi- were presumed killed on 10 October 1943. CPT listed as missing in action on the flight is cle was not found. One of Zore’s buddies Dillon and 1LT Todorovich were assigned to the pilot 1LT Herbert L. Hastings, copilot identified his corpse, and remembered this the 235th Ordnance Bomb Disposal Company 2LT Ray Brown Lobdell, and crew chief S/Sgt puzzling incident long afterward. (Provisional). CPT Dillon was commander of William B. Brezee of 379th Bomber Squadron, Note: The 235th Ordnance Bomb Disposal the 235th Ordnance Bomb Disposal Company 310th Bomber Group, Medium, 12th Air Company (Provisional) had five killed-in-ac- (Provisional). CPT Dillon and 1LT Force, and a third passenger CPT Lewis T. tions, four officers and one enlisted, but no Tordorvich were listed as passenger onboard Stoneburner III, Medical Corps, 45th General names, dates, or circumstances. Additional Facts: Service Number: a North American B–25C Mitchell bomber Hospital. (Serial Number 42–6451) that departed at 1420 Note: The 235th Ordnance Bomb Disposal 36252406; Home State: Wisconsin; Buried: Sic- hours, 10 October 1943. The aircraft was Company (Provisional) had five killed-in-ac- ily-Rome American Cemetery and Memorial, armed with only seven .50 caliber machine- tions, four officers and one enlisted, but no Nettuno, Italy, Plot: F, Row: 3, Grave: 36 (*). guns. The aircraft was flying a ‘‘ferry’’ route names, dates, or circumstances. Find-A-Grave—T/5 CPL Zore between Algiers, Algeria and Tunis, Tunisia Source Documents: Missing Air Crew Re- 8. T/5 CPL Norman Reynolds and PVT Jo- when the aircraft disappeared and presumed port No. 1102, 27 October 1943 and Routine seph T. Seredinski were presumed killed on crashed somewhere in the Mediterranean Casualty Report No. 26121, 21 November 1943. 17 August 1944. T/5 CPL Reynolds and PVT Sea. Algiers was the Headquarters for Allied Dr. Jeffrey M. Leatherwood, Ph.D. was in- Seredinski were assigned to the 4th Platoon, Forces in North Africa and it is assumed strumental in obtaining these documents 234th Ordnance Bomb Disposal Company. that CPT Dillon and 1LT Todorovich were and conducting this research. Additional in- They were involved in an explosion at an am- traveling on official bomb disposal business. formation was provided by Ed Dillon, Major munition storage dump. T15 CPL Reynolds CPT Dillon and 1LT Todorovich were likely USAF (Retired), a cousin of CPT F.H. Dillon. and PVT Seredinski are listed as missing-in- scheduled to make a connecting flight from Additional Facts: Service Number: action. Tunis to Naples, Italy. At the time of their O1550517; Home State: Maryland; Memorial: Additional Facts: Service Number: disappearance their duty location was Pa- Tablets of the Missing at Sicily-Rome Amer- 31135327; Home State: Massachusetts; Memo- lermo, Sicily. Despite investigations by the ican Cemetery and Memorial, Nettuno, Italy rial: Tablets of the Missing at Normandy Army Air Force, neither wreckage, nor re- (*). American Cemetery and Memorial, mains have been recovered. CPT Dillon is Find-A-Grave—1LT Todorovich Colleville-sur-Mer, France (*). Find-A-Grave—T/5 CPL Reynolds listed as missing-in-action, non-battle cas- Defense POW and MIA Office—WWII Army Defense POW and MIA Office—WWII Army ualty. Also listed as missing in action on the ‘‘T’’ 6. T/5 CPL Herbert M. Paszotta was killed ‘‘R’’ flight is the pilot 1LT Herbert L. Hastings, 9. PVT Joseph T. Seredinski and T/5 CPL on 11 November 1943. T/5 CPL Paszotta was copilot 2LT Ray Brown Lobdell, and crew Norman Reynolds were presumed killed on 17 assigned to the 1st Ordnance Bomb Disposal chief S/Sgt William B. Brezee of 379th Bomb- August 1944. PVT Seredinski and T/5 CPL Squad. T/5 CPL Paszotta died from injuries er Squadron, 310th Bomber Group, Medium, Reynolds were assigned to the 4th Platoon, he received in an accident involving two 12th Air Force, and a third passenger CPT 234th Ordnance Bomb Disposal Company. trucks in the vicinity of Paestum, Italy. Lewis T. Stoneburner III, Medical Corps, They were involved in an explosion at an am- Note: From LTC Bob Leiendecker, USA 45th General Hospital. munition storage dump. PVT Seredinski and (Retied): I have a document that lists a T/5 Note: The 235th Ordnance Bomb Disposal T/5 CPL Ryenolds are listed as missing-in-ac- Panzota as one of the original members of Company (Provisional) had five killed-in-ac- tion. the 1st Ordnance Bomb Disposal Squad when tions, four officers and one enlisted, but no Additional Facts: Service Number: it was activated on 17 February 1943. Then names, dates, or circumstances. 33333852; Home State: Pennsylvania; Memo- another document says, quote, ‘‘CPL Herbert Source Documents: Missing Air Crew Re- rial: Tablets of the Missing at Normandy Pazsotta was killed in an accident today. His port No. 1102, 27 October 1943 and Routine American Cemetery and Memorial, loss is keenly felt by members of both Casualty Report No. 26121, 21 November 1943. Colleville-sur-Mer, France (*). Dr. Jeffrey M. Leatherwood, Ph.D. was in- squads,’’ end quote. That entry was on 11 No- Find-A-Grave—PVT Seredinski strumental in obtaining these documents vember 1943. Defense POW and MIA Office—WWII Army and conducting this research. Additional in- Additional Facts: Service Number: ‘‘S’’ formation was provided by Ed Dillon, Major 35369347; Home State: Indiana; Buried: Sicily- 10. T/SGT James H. Eberle was killed on 23 USAF (Retired), a cousin of CPT F.H. Dillon. Rome American Cemetery and Memorial, August 1944. T/SGT Eberle was assigned to Additional Facts: Service Number: Nettuno, Italy, Plot: C, Row: 6, Grave: 46 (*). the 151st Ordnance Bomb Disposal Squad. T/ O1548195; Born: February 1918, Utica, New Find-A-Grave T/5 CPL Paszotta SGT Eberle was posthumously awarded the York, Age: 25; Home State: New York; Me- 7. T/5 CPL Philip J. Zore was killed on 20 Purple Heart Medal. morial: Tablets of the Missing at Sicily- May 1944. T/5 CPL Zore was assigned to the Additional Facts: Service Number: Rome American Cemetery and Memorial, 142nd Ordnance Bomb Disposal Squad. 36071153; Home State: Illinois; Buried: Flor- Nettuno, Italy (*). Note: From LTC Robert Leiendecker, USA ence American Cemetery and Memorial, Find-A-Grave—CPT Dillon (Retired): I have a copy of the History of the Florence, Italy, Plot: F, Row: 8, Grave: 28 (*). Defense POW and MIA Office—WWII Army 142nd Bomb Disposal Squad for May 1944 and Find-A-Grave—T/SGT Eberle ‘‘D’’ I will quote the entry in it. Members of the 11. T/5 CPL Elmer L. Allison and T/5 CPL 5. 1LT Steven ‘‘Steve’’ Todorovich, Jr. and squad were at a farewell dance for members Joseph Kozic were killed on 16 October 1944. CPT Frederick Harrison ‘‘Harrison’’ Dillon of the 235th Ordnance Bomb Disposal Com- T/5 CPL Allison and T/5 CPL Kozic were as- were presumed killed on 10 October 1943. CPT pany (Provisional) that had been deacti- signed to the 134th Ordnance Bomb Disposal Dillon and 1LT Todorovich were assigned to vated. T15 CPL Zore had been chosen from Squad. They were involved in a minefield ac- the 235th Ordnance Bomb Disposal Company the 235th Ordnance Bomb Disposal Company cident. (Provisional). 1LT Todorovich was com- (Provisional) along with others to be a char- 12. T/5 CPL Joseph Kozic and T/5 CPL mander of the 1st Platoon of the 235th Ord- ter member of the new 142nd Ordnance Bomb Elmer L. Allison were killed on 16 October nance Bomb Disposal Company (Provi- Disposal Squad. The dance was in honor of 1944. T/5 CPL Kozic and T/5 CPL Allison were sional). 1LT Tordorvich and CPT Dillon were those that had not been placed in squads and assigned to the 134th Ordnance Bomb Dis- listed as passenger onboard a North Amer- would be soon departing. The date for the posal Squad. They were involved in a mine- ican B–25C Mitchell bomber (Serial Number dance was 19 May 1944 and arrangements field accident.

VerDate Mar 15 2010 06:41 May 23, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A22MY8.001 E22MYPT1 jbell on DSK7SPTVN1PROD with REMARKS May 22, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E721 13. T/SGT Joseph Michel, Jr. and T/5 CPL Additional Facts: Born: 19 August 1909, Horn County, Montana; Section: D; Site: 69; Paul F. Tyler were killed on 7 January 1945. Mount Sterling, Illinois; Age: 35; Hometown: Remains transferred from Netherlands T/SGT Michel and T/5 CPL Tyler were as- Des Moines, Iowa; Buried: Quincy National American Cemetery and Memorial, signed to the 45th Ordnance Bomb Disposal Cemetery, Quincy, Illinois, Plot: Section: B, Margraten, Netherlands and reinterred on 9 Squad. They were killed during enemy ac- 112C. Find-A-Grave—T/5 CPL Factor December 1948. Find-A-Grave—T/5 Moore tion. Note: A report from the 26th Ordnance Genealogy Trails—WWII—T/5 Moore Additional Facts: Service Number: Bomb Disposal Squad states that on 14 25. T/5 CPL Dean A. Shoulders and T/5 CPL 12061912; Home State: New York; Buried: Lor- March 1945 two members of the squad were Roscoe I. Moore were killed on 18 March 1945. raine American Cemetery and Memorial, St. killed in action by mines while working in T/5 CPL Shoulders and T/5 CPL Moore were Avold, France, Plot: B, Row: 14, Grave: 47. the Ardennes (Belgium and Luxembourg re- assigned to the 53rd Ordnance Bomb Disposal Find-A-Grave—T/SGT Michel gion). Now one of the names is known. This Squad (Separate). Their deaths were re- 14. T/5 CPL Paul F. Tyler and T/SGT Jo- information was provided by LTC Robert corded to had taken place in Germany (no seph Michel, Jr. were killed on 7 January Leiendecker, USA (Retired). exact location and circumstances are given). 1945. T/5 CPL Tyler and T/SGT Michel were 20. T/5 CPL Harold L. Pinkham, PFC Leo This information was provided by LTC Rob- assigned to the 45th Ordnance Bomb Disposal E. Gonshor, PFC Robert E. Inman, and PVT ert Leiendecker, USA (Retired). Squad. They were killed during enemy ac- Edward R. Morris were killed on 17 March Additional Facts: Service Number: tion. 1945. T/5 CPL Pinkham, PFC Gonshor, PFC Additional Facts: Service Number: 32757002; MOS 924; Hometown: National Park, Inman, and PVT Morris were assigned to the New Jersey. 32305466; Home State: New Jersey; Buried: 232nd Ordnance Service Platoon (Bomb Dis- Lorraine American Cemetery and Memorial, posal). T/5 CPL Pinkham was posthumously NATIONAL PARK WWII MEMORIAL—NATIONAL St. Avold, France, Plot: C, Row: 18, Grave: awarded the Purple Heart Medal. PARK NJ—T/5 SHOULDERS 96. Find-A-Grave—T/5 CPL Tyler Additional Facts: Service Number: Note: On 13 April 1945 a bomb disposal 15. SGT John H. Baxley was killed on 1 31133783; Home State: Massachusetts; Buried: technician died in a hospital of cardiac fail- February 1945 according to Army historical Henri-Chapelle American Cemetery and Me- ure, while on an incident. The technician bomb disposal records. SGT Baxley was as- morial, Henri-Chapelle, Belgium, Plot: F, was a member of the 234th Ordnance Service signed to the 30th Ordnance Bomb Disposal Row: 6, Grave: 59(*) Platoon (Bomb Disposal). This information Squad (Separate) in Belgium. SGT Baxley Find-A-Grave—T/5 CPL Pinkham was provided by LTC Robert Leiendecker, was killed while attempting to inert a dan- 21. PFC Leo E. Gonshor, T/5 CPL Harold L. USA (Retired). gerous German anti-tank projectile near Pinkham, PFC Robert E. Inman, and PVT 26. T/SGT Landon H. Chambers was killed Verviers, Belgium. Edward R. Morris were killed on 17 March Additional Facts: Born: 14 November 1921; on 16 April 1945. T/SGT Chambers was as- 1945. PFC Gonshor, T/5 CPL Pinkham, PFC signed to the 160th Ordnance Bomb Disposal Age: 23; Home State: New York; Buried: Inman, and PVT Morris were assigned to the Long Island National Cemetery, Farming- Squad. T/SGT Chambers was posthumously 232nd Ordnance Service Platoon (Bomb Dis- awarded the Purple Heart Medal. dale, New York; Plot: J, 0, 13806. posal). PFC Gonshor was posthumously Find-A-Grave—SGT John H. Baxley Additional Facts: Service Number: awarded the Purple Heart Medal. 16. CPT Bernard E. Anderson was mortally 18187385; Born: 13 October 1922, Galveston, Additional Facts: Service Number 33354443; injured on 13 January 1945 and died from Texas; Age: 22; Home State: Texas; Buried: Home State: Pennsylvania; Buried: Henri- wounds on 26 February 1945. CPT Anderson Netherlands American Cemetery and Memo- Chapelle American Cemetery and Memorial, was assigned to the 48th Ordnance Bomb Dis- rial, Margraten, Netherlands, Plot: I, Row: 7, Henri-Chapelle, Belgium, Plot: E, Row: 6, posal Squad (Separate). His death was listed Grave: 2 (*). Grave: 28 (*). as a non-battle casualty. Find-A-Grave—T/SGT Chambers Additional Facts: Service Number: Find-A-Grave—PFC Gonshor 22. PFC Robert E. Inman, T/5 CPL Harold 27. T/5 CPL Merle W. Fry was presumed 01556832; Home State: Maryland; Burial: L. Pinkham, PFC Leo E. Gonshor, and PVT killed on 18 April 1945. T/5 CPL Fry was as- Cambridge American Cemetery and Memo- Edward R. Morris were killed on 17 March signed to the 92nd Ordnance (Bomb Disposal) rial, Coton, England, Plot: F, Row: 6, Grave 1945. PFC Inman, T/5 CPL Pinkham, PFC Squad. T/5 CPL Fry was assigned to the same 125. Find-A-Grave—CPT Anderson unit and presumed killed on the same date as Note: According to LTC Robert E. ‘‘Bob’’ Gonshor, and PVT Morris were assigned to CPT George C. Sarauw, 2LT Arthur J. Leiendecker, USA (Retired) records, in the 232nd Ordnance Service Platoon (Bomb Zellmer, T/SGT Francis H. Zurn, and T/5 March 1945, two members of the 234th Ord- Disposal). PFC Inman was posthumously CPL Elmer J. Craddock were killed, and T/5 nance Service Platoon (Bomb Disposal) were awarded the Purple Heart Medal. CPL Raymond J. Rondeau was presumed killed near Heming, France when the unit’s Additional Facts: Service Number: killed. They are listed on the EOD Memorial. truck loaded with hazardous and unservice- 35332453; Home State: Ohio; Buried: Henri- The unit was participating in the assault able German ammunition exploded. Chapelle American Cemetery and Memorial, landing on le Jima (also called le Shima), 17. SGT Ernest P. Smith, Jr. and T/5 CPL Henri-Chapelle, Belgium, Plot: E, Row: 1, Okinawa when their vehicle detonated a Joseph V. Tabone were killed on 12 March Grave: 53 (*). Find-A-Grave—PFC Inman landmine. T/5 CPL Fry is listed as missing- 1945. SGT Smith and T/5 Tabone were as- 23. PVT Edward R. Morris, T/5 CPL Harold in-action. T/5 CPL Fry was posthumously signed to the 177th Ordnance Bomb Disposal L. Pinkham, PFC Leo E. Gonshor and PFC awarded the Purple Heart Medal. Squad. SGT Smith was posthumously award- Robert E. Inman were killed on 17 March ed the Purple Heart Medal. 1945. PVT Morris, T/5 CPL Pinkham, PFC Additional Facts: Service Number: Additional Facts: Service Number: Gonshor and PFC Inman were assigned to 13060083; Home State: New York; Memorial: 34787310; Home State: Florida; Buried: Ma- the 232nd Ordnance Service Platoon (Bomb Tablets of the Missing at National Memorial nila American Cemetery and Memorial, Ma- Disposal). PVT Morris was posthumously Cemetery of the Pacific (Punchbowl Na- nila, Philippines, Plot: D, Row: 4, Grave: 112 awarded the Purple Heart Medal. tional Cemetery), Honolulu, Hawaii (*). (*). Additional Facts: Service Number: Find-A-Grave—T/5 CPL Fry Find-A-Grave—SGT Smith 35292391; Home State: West Virginia; Buried: Defense POW and MIA Office—WWII Army 18. T/5 CPL Joseph V. Tabone and SGT Er- Henri-Chapelle American Cemetery and Me- ‘‘F’’ nest P. Smith, Jr. were killed on 12 March morial, Henri-Chapelle, Belgium, Plot: H, 28. T/SGT Sam A. McCleneghan was killed 1945. T/5 Tabone and SGT Smith were as- Row: 5, Grave: 65 (*). on 1 May 1945. T/SGT McCleneghan was as- signed to the 177th Ordnance Bomb Disposal Find-A-Grave—PVT Morris signed to the 125th Ordnance (Bomb Dis- Note: According to LTC Robert E. ‘‘Bob’’ Squad. T/5 CPL Tabone was posthumously posal) Squad. T/SGT McCleneghan was post- Leiendecker, USA (Retired) records, a mem- awarded the Purple Heart Medal. humously awarded the Purple Heart Medal. Additional Facts: Service Number: ber of the 234th Ordnance Service Platoon Additional Facts: Service Number: 32789265; Home State: New York; Buried: Ma- (Bomb Disposal) was injured on 13 April 1945. 37703570; Home State: Colorado; Buried: nila American Cemetery and Memorial, Ma- He was admitted to the 51st Evacuation Hos- Netherlands American Cemetery and Memo- nila, Philippines, Plot: A, Row: 10, Grave: 63 pital where he died the following day (14 rial, Margraten, Netherlands, Plot: J, Row: 2, (*). April 1945) of acute cardiac failure. Grave: 13 (*). Find-A-Grave—T/5 CPL Tabone 24. T/5 CPL Roscoe I. Moore and T/5 CPL 19. T/5 CPL Dallas Harold Factor and an Dean A. Shoulders were killed on 18 March Find-A-Grave—T/SGT McCleneghan unknown member of the squad were killed on 1945. T/5 CPL Moore and T/5 CPL Shoulders 29. T/5 CPL George C. Miller was presumed 14 March 1945. T/5 CPL Factor and the other were assigned to the 53rd Ordnance Bomb killed on 6 May 1945. T/5 CPL Miller was as- squad member were assigned to the 26th Ord- Disposal Squad (Separate). Their deaths were signed to the 234th Ordnance Service Platoon nance Bomb Disposal Squad. T/5 CPL Factor recorded to had taken place in Germany (no (Bomb Disposal). T/5 Miller is listed as miss- and the other squad member were killed in exact location and circumstances are given). ing-in-action. action by mines while working near Samres, This information was provided by LTC Rob- Additional Facts: Service Number: in the Ardennes (Belgium and Luxembourg ert Leiendecker, USA (Retired). 35381016; Home State: Ohio; Memorial: Tab- region). This is formation was provided by Additional Facts: Born: 29 May 1921; Age: lets of the Missing at Cambridge American SGM James Ferris, USA (Retired). His grave 23; Service Number: 39618122; MOS 924; Home Cemetery and Memorial, Cambridge, Eng- marker states that he was killed on 14 No- State: Petroleum County, Montana; Buried: land (*). vember 1945. Custer National Cemetery, Crow Agency, Big Find-A-Grave—T/5 CPL Miller

VerDate Mar 15 2010 06:41 May 23, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A22MY8.002 E22MYPT1 jbell on DSK7SPTVN1PROD with REMARKS E722 CONGRESSIONAL RECORD — Extensions of Remarks May 22, 2013 Defense POW and MIA Office—WWII Army with three Oak Leaf Clusters. 1LT Huntley Memorial. 2LT Thundermann was presumed ‘‘M’’ was a graduate of Army’s Bomb Disposal killed while disposing of Japanese bombs in 30. T/SGT Earl R. Colebaugh, T/5 CPL School. This information was provided by the area of Yonan, Korea. PFC Fahrenbach is Clement E. Berger, and T/5 CPL Robert H. LTC Robert Leiendecker, USA (Retired). listed as missing-in-action. Medals: Army of Falkenheim were killed on 9 May 1945. T/ Missing Air Crew Report (MACR) Number Occupation—Far East Medal. SGT Colebaugh, T/5 CPL Berger, and T/5 CPL 14491. Additional Facts: Service Number: Falkenheim were assigned to the 123rd Ord- Additional Facts: Service Number (en- 42162339; Home State: New York; Memorial: nance (Bomb Disposal) Squad, Third Army. listed): 20949939; Service Number (officer): Tablets of the Missing at National Memorial T/SGT Colebaugh, T/5 CPL Berger, and T/5 O1550626 Born: 1918; Hometown: Laramie, Wy- Cemetery of the Pacific (Punchbowl Na- CPL Falkenheim were killed in Czecho- oming; Memorial: Tablets of the Missing at tional Cemetery), Honolulu, Hawaii (*). slovakia, while disposing of ammunition. T/ National Memorial Cemetery of the Pacific Find-A-Grave—PFC Fahrenbach SGT Colebaugh was posthumously awarded (Punchbowl National Cemetery), Honolulu, Defense POW and MIA Office—WWII Army the Purple Heart Medal. Medals: Army of Oc- Hawaii. Missing Air Crew Report Number— ‘‘F’’ 39. PFC James Albert Linton, PFC David cupation—Europe Medal. 1LT Huntley Additional Facts: Service Number: POW and MIA—1LT Huntley W. Ekvall, PFC Andrew Fahrenbach, Jr., and 36775329; Home State: Illinois; Buried: Lor- Defense POW and MIA Office—WWII Army PFC Frank T. Sowers were presumed killed raine American Cemetery and Memorial, Air Forces ‘‘H’’ on 30 December 1945. PFC Linton, PFC Saint Avold, Lorraine Region, France, Plot: 34. LT Alter was killed on 11 June 1945. LT Ekvall, PFC Fahrenbach, and PFC Sowers J, Row: 36, Grave: 13 (*). Alter was assigned to the 213th Ordnance were assigned to the 93rd Ordnance (Bomb Find-A-Grave—T/SGT Colebaugh (Bomb Disposal) Squad. LT Alter was killed, Disposal) Squad. They were assigned to the 31. T/5 CPL Robert H. Falkenheim, T/SGT while attempting to render safe a U.S. depth same unit and were all presumed killed on Earl R. Colebaugh, and T/5 CPL Clement E. bomb. the same date as 2LT Leonard K. Berger and were killed on 9 May 1945. T/5 35. T/5 CPL Robert S. Dearing, Jr. was pre- Tundermann. 2LT Tunderman is on the EOD CPL Falkenheim, T/SGT Colebaugh, and T/5 sumed killed on 10 July 1945. T/5 CPL Memorial. 2LT Thundermann was presumed CPL Berger were assigned to the 123rd Ord- Dearing was assigned to the 104th Ordnance killed while disposing of Japanese bombs in nance (Bomb Disposal) Squad, Third Army. (Bomb Disposal) Squad. T/5 CPL Dearing is the area of Yonan, Korea. PFC Linton is list- T/5 CPL Falkenheim, T/SGT Colebaugh, and listed as missing-in-action. T/5 CPL Dearing ed as missing-in-action. Medals: Army of Oc- T/5 CPL Berger were killed in Czecho- was posthumously awarded the Soldier’s cupation—Far East Medal. Additional Facts: Service Number: slovakia, while disposing of ammunition. T/5 Medal. 44024965; Born: 15 September 1926; Age: 19; CPL Falkenheim was posthumously awarded Additional Facts: Service Number: Home State: Georgia; Memorial: Tablets of the Purple Heart Medal. Medals: Army of Oc- 34705111; Born: 23 February 1924; Age: 20; the Missing at Manila American Cemetery cupation—Europe Medal. Home State: Alabama; Memorial: Tablets of and Memorial, Manila, Philippines (*); Bur- Additional Facts: Service Number: 6831089; the Missing at National Memorial Cemetery ied: Oakland Cemetery, Waycross, Georgia. Home State: Illinois; Buried: Lorraine Amer- of the Pacific (Punchbowl National Ceme- Find-A-Grave—PFC Linton (1) ican Cemetery and Memorial, Saint Avold, tery), Honolulu, Hawaii (*); Buried: Wislon- Find-A-Grave—PFC Linton (2) Lorraine Region, France, Plot: E, Row: 20, Nooe Cemetery, Franklin County, Alabama. Defense POW and MIA—Army WWII ‘‘L’’ Grave: 35 (*). Find-A-Grave—T/5 CPL Dearing (1) 40. PFC Frank T. Sowers, PFC David W. Find-A-Grave—T/5 CPL Falkenheim Find-A-Grave—T/5 CPL Dearing (2) Ekvall, PFC Andrew Fahrenbach, Jr., and 32. T/5 CPL Clement E. Berger, T/SGT Earl Defense POW and MIA Office—WWII Army PFC James A. Linton were presumed killed R. Colebaugh, and T/5 CPL Falkenheim were ‘‘D’’ on 30 December 1945. PFC Sowers, PFC killed on 9 May 1945. T/5 CPL Berger, T/SGT 36. T/5 CPL Lester W. Hambly was pre- Ekvall, PFC Fahrenbach, and PFC Linton Colebaugh, and T/5 CPL Falkenheim were as- sumed killed on 10 July 1945. T/5 CPL were assigned to the 93rd Ordnance (Bomb signed to the 123rd Ordnance (Bomb Dis- Hambly was assigned to the 97th Ordnance Disposal) Squad. They were assigned to the posal) Squad, Third Army. T/5 CPL Berger, (Bomb Disposal) Squad. T/5 CPL Hambly was same unit and were all presumed killed on T/SGT Colebaugh, and T/5 Falkenheim were last known working in the squad’s ammuni- the same date as 2LT Leonard K. killed in Czechoslovakia, while disposing of tion holding area. T/5 CPL Hambly is listed Tundermann. 2LT Tunderman is on the EOD ammunition. T/5 CPL Berger was post- as missing-inaction. Memorial. 2LT Thundermann was presumed humously awarded the Purple Heart Medal. Additional Facts: Service Number: killed while disposing of Japanese bombs in Medals: Army of Occupation—Europe Medal. 39696955; Home State: California; Memorial: the area of Yonan, Korea. PFC Sowers in Additional Facts: Service Number: Tablets of the Missing at National Memorial listed as missing-in-action. PFC Sowers was 42028085; Home State: New York; Buried: Lor- Cemetery of the Pacific (Punchbowl Na- posthumously awarded the Bronze Star raine American Cemetery and Memorial, tional Cemetery), Honolulu, Hawaii (*). Medal. Medals: Army of Occupation—Far Saint Avold, Lorraine Region, France, Plot: Find-A-Grave—T/5 CPL Hambly East Medal. J, Row: 4, Grave: 8 (*). Defense POW and MIA Office—WWII Army Additional Facts: Service Number: Find-A-Grave—T/5 CPL Berger ‘‘H’’ 35241397; Home State: Ohio; Memorial: Tab- 33. 1LT Hugh C. W. Huntley was presumed 37. PFC David W. Ekvall, PFC Andrew lets of the Missing at Manila American Cem- killed on 24 May 1945. 1LT Huntley was a Fahrenbach, Jr., PFC James A. Linton, and etery and Memorial, Manila, Philippines (*). Flight Engineer assigned to U.S. Army Air PFC Frank T. Sowers were presumed killed Find-A-Grave—PFC Sowers Force’s XXI Command, 874th Bomber Squad- on 30 December 1945. PFC Ekvall, PFC Defense POW and MIA Office—WWII Army ron, 498th Bomber Group, Very Heavy. 1LT Fahrenbach, PFC Linton, and PFC Sowers ‘‘S’’ Huntley’s B–29–65–BW bomber (#44–69852) were assigned to the 93rd Ordnance (Bomb Note: According to the ‘‘European Theater ‘‘Filthy Fay III’’ (call sign T SQ 26, tail code Disposal) Squad. They were assigned to the of Operations (ETO) Bomb Disposal His- 26) departed Saipan on 24 May 1945, on an in- same unit and were all presumed killed on tory,’’ pp. 34–35: Forty-three bomb disposal cendiary bombing mission over South the same date as 2LT Leonard K. personnel were killed and 68 were injured in Tokyo, Japan, as part of Mission 181 during Tundermann. 2LT Tundennan is on the EOD the line of duty, excluding losses during night of 23–24 May. Five hundred and twenty Memorial. 2LT Thundermann was presumed combat. The Explosive Ordnance Disposal of 562 B–29’s sent against Tokyo bomb an killed while disposing of Japanese bombs in Memorial lists only 32 Army bomb disposal urban-industrial area south of the Imperial the area of Yonan, Korea. PFC Ekvall is list- personnel lost their lives in the European Palace along the west side of the harbor; five ed as missing-in-action. Medals: Army of Oc- Theater of Operations during World War other B–29’s hit targets of opportunity. Sev- cupation—Far East Medal. Two. This list adds 28 killed in the ETO and enteen B–29’s are lost. This is the largest Additional Facts: Service Number: ten killed in the Pacific Theater of Oper- number of B–29’s participating in a single 36904368; Home State: Illinois; Memorial: ations. mission during World War II. The bomber Tablets of the Missing at Manila American Note: In October of 1946, four men from the went missing on 24 May 1945, between Tokyo Cemetery and Memorial, Manila, Philippines 87th Ordnance (Bomb Disposal) Squad, IX Air and the Marinas. There were 11 crewmembers (*). Force Command were killed during an explo- and one passenger aboard the bomber; pilot Find-A-Grave—PFC Ekvall sion in an ammunition storage area near MAJ Virgil Olds, copilot 2LT Allan W. Defense POW and MIA Office—WWII Army Bremerhaven, Germany. Additionally, two Rutter, navigator 1LT John Pobicky, Jr., ‘‘E’’ men from the 87th Ordnance Service Squad bombardier, CPT Leonard S. Ringo, radio op- 38. PFC Andrew Fahrenbach, Jr., PFC (Bomb Disposal) were injured and four Ger- erator S/Sgt Russell D. Faull, radio operator David W. Ekvall, PFC James A. Linton, and man prisoners of war that were assisting the T/Sgt Richard J. Strand, central fire control PFC Frank T. Sowers were presumed killed squad were killed in the explosion. gunner S/Sgt Glenn M. Flanigan, left gunner on 30 December 1945. PFC Fahrenbach, PFC 41. SGT Doroteo Reyes was killed on 30 S/Sgt Wibur C. Connatser, right gunner Sgt Ekvall, PFC Linton, and PFC Sowers were May 1947. SGT Reyes was a squad leader as- Joseph S. Baniewicz, tail gunner S/Sgt Ar- assigned to the 93rd Ordnance (Bomb Dis- signed to the 77th Ordnance Bomb Disposal thur E. Horn, and passenger CPT Frederick posal) Squad. They were assigned to the Squad (Philippine Scouts). SGT Reyes was in J. Miller. They are listed as missing in ac- same unit and were all presumed killed on a motor vehicle accident and died from his tion on 25 May 1945. 1LT Huntley was award- the same date as 2LT Leonard K. injuries, which occurred at 1400 hours, Caba, ed the Purple Heart Medal and Air Medal Tundermann. 2LT Tunderman is on the EOD La Union, Philippines.

VerDate Mar 15 2010 06:41 May 23, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A22MY8.003 E22MYPT1 jbell on DSK7SPTVN1PROD with REMARKS May 22, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E723 42. SFC Thomas L. McDonough and PFC hicle. PFC Stefaniak was rushed to Womack 48. MSG Cornelius Vincent Spillane, Jr. Paul Royal Seymour were killed on 6 Sep- Army Hospital where he died about an hour passed away on 16 August 1968. MSG Spillane tember 1950. SFC McDonough and PFC Sey- later from third-degree burns. LTG John W. was assigned to Headquarters Headquarters mour were assigned to the 1st Ordnance Leonard has ordered a board of officers to in- Company, 80th General Support Group, Bomb Disposal Detachment, 1st Ordnance vestigate the accident. Army Support Command Da Nang, 1st Logis- Medium Maintenance Company, 8th Army. Additional Facts: Born: 21 February 1919; tics Command, Republic of Vietnam. MSG SFC McDonough and PFC Seymour were Age: 32; Buried: Desenberg Cemetery, Lafay- Spillane contracted Hepatitis on 11 July 1968, killed-in-action while fighting the enemy in ette, Ohio. at Quang Nam Province, Republic of Viet- South Korea. SFC McDonough was post- SFC Shrider’s next-of-kin was listed as his nam. MSG Spillane was evacuated to humously awarded the Purple Heart Medal. wife, Mrs. Martha M. Shrider of 226 Green Trippler Army Medical Center, Hawaii where He also received the Korean Service Medal, Street, Fayetteville, North Carolina. he died a week later with kidney failure. He the United Nations Service Medal, the Na- Find-A-G-Grave—SFC Shrider was awarded the Bronze Star Medal with ‘‘V’ tional Defense Service Medal, the Korean 46. PFC Raymond D. Stefaniak and SFC Device with two Oak Leaf Clusters and the Presidential Unit Citation, and the Republic Charles W. Shrider were killed on 1 October Purple Heart Medal. MSG Spillane was an of Korea War Service Medal. 1951. PFC Stefaniak and SFC Shrider were Explosive Ordnance Disposal school grad- Additional Facts: Service Number: assigned to the 938th Ordnance Company uate. RA33153496; MOS: 1942; Born: 1917; Home- (Explosive Ordnance Disposal) at Fort Bragg, Additional Facts: Service Number: town: Washington, Pennsylvania (+). North Carolina. PFC Stefaniak SFC Shrider 31376234; Born: 7 February 1924; Age: 44; Korean War Project Remembrance—SFC were transporting a trailer full of TNT and Hometown: South Berwick, Maine; Vietnam McDonough Composition ‘‘C’’ explosives that was being Memorial Panel: 52W Line 014. 43. PFC Paul Royal Seymour and SFC pulled behind their jeep, when at 1400 hours Virtual Vietnam Wall—MSG Spillane Thomas L. McDonough were killed on 6 Sep- an explosion occurred in the trailer. Their Army Together We Served—MSG Spillane tember 1950. PFC Seymour and SFC jeep was hurled forward more than 100 feet, 49. CPT Paul Barkley Bowman was killed McDonough were assigned to the 1st Ord- setting it on fire. The explosion ignited five on 31 January 1970. CPT Bowman was as- nance Bomb Disposal Detachment, 1st Ord- gallons of gasoline that they were carrying. signed to Headquarters and Headquarters nance Medium Maintenance Company, 8th PFC Stefaniak and SFC Shrider were on Company, 25th Infantry Division. Captain Army. PFC Seymour and SFC McDonough Longstreet Road and had just pulled into the Bowman was aboard a helicopter that was were killed-inaction while fighting the fenced-off dud disposal area on the Fort shot down north of Tay Ninh in an area enemy in South Korea. PFC Seymour was Bragg range prior to the accident. PFC called ‘‘Mo Con Woods.’’ The area was called posthumously awarded the Purple Heart Stefaniak was thrown clear on the right side Mo Con Woods because it was heavily for- Medal. He also received the Korean Service of the jeep. SFC Shrider was trapped inside ested with sparse civilian population and the Medal, the United Nations Service Medal, the jeep following the explosion and died in- North Vietnamese Army (NVA) used this the National Defense Service Medal, the Ko- stantly. SFC Cecil Coley and CPL Ben Smith area for infiltration across the Cambodia rean Presidential Unit Citation, and the Re- of the range personnel office rushed to the border, which was close by. The day before a public of Korea War Service Medal. aid of PFC Stefaniak and pulled the injured helicopter was on a recon mission in that Additional Facts: Service Number: man clear of the burning jeep. SFC Coley and same area when it took ground fire from a RAl2351691; MOS: 3924; Born: 1932; Hometown: CPL Smith were unable to reach SFC 12.7mm antiaircraft gun. The helicopter was Keeseville, New York, Buried: Saint Peters Shrider, who was slumped inside the jeep, able to get away without taking any hit. It Cemetery, Plattsburgh, Pennsylvania (+). due to the intense flames from the vehicle. was believed an estimated battalion sized Find-A-Grave—PFC Seymour PFC Stefaniak was rushed to Womack Army force was in the area getting ready for a Korean War Project Remembrance—PFC Hospital where he died about an hour later broader dry season offensive in the Tay Ninh Seymour from third-degree burns. LTG John W. Leon- area. On 31 January 1970, A, B, and C Com- 44. CPL Earle M. Lockwood, Jr. was killed ard has ordered a board of officers to inves- pany from the 25th Infantry Division were on 15 September 1950. CPL Lockwood was as- tigate the accident. airlifted by Hueys into the area. The force signed to the 1st Ordnance Bomb Disposal Additional Facts: Age: 23. expected heavy casualties with A and B Com- Detachment, 1st Ordnance Medium Mainte- PFC Stefaniak’s next-of-kin was listed as panies took several killed-in-actions (KIAs) nance Company, 8th Army. He was killed-in- his sister, Gertrude Waclawski of Grand Rap- and C Company had eight to ten wounded-in action while fighting the enemy in South ids, Michigan. His father is Jose and his actions (WIAs). Many of the NVA soldiers Korea. CPL Lockwood was posthumously mother is Mary Stefaniak. melted back across the border, but those awarded the Purple Heart Medal. He also re- Find-A-Grave—PFC Stefaniak fighting a rear guard action were emplaced ceived the Korean Service Medal, the United 47. SFC Biddle Carrol ‘‘B.C., Jack, Izzy or in heavily fortified bunkers. With U.S. forces Nations Service Medal, the National Defense Buzz’’ Izard, Jr. was killed on 19 June 1968. on the ground taking heavy fire Huey heli- Service Medal, the Korean Presidential Unit SFC Izard was assigned to the 45th Military copter UH–1H (tail number 68–15462) carrying Citation, and the Republic of Korea War Intelligence Company, 528th Ordnance De- CPT Bowman made a heroic approach at Service Medal. CPL Lockwood may have tachment, 519th Military Intelligence Bat- treetop level to drop CS gas and to put down been posthumously promoted to SGT. talion (Field Army), 525th Military Intel- suppressive machinegun fire on the enemy to Additional Facts: Service Number: ligence Group, Combined Material Exploi- root them out of the bunkers. The helicopter RA11164944; MOS: 3924; Born: 1930; Home- tation Center (CMEC), Military Assistance was shot down with a total loss of lives on- town: Newtown, Connecticut (+). Command Vietnam (MACV), Saigon, Repub- board. The efforts of all onboard the heli- Korean War Project Remembrance—CPL lic of Vietnam. CMEC was tasked with the copter saved the lives of many soldiers on Lockwood responsibility to examine, evaluate, and the ground that day. Seven soldiers died in 45. SFC Charles W. Shrider and PFC Ray- classify captured enemy material. SFC Izard that crash, four aircrew members and three mond D. Stefaniak were killed on 1 October was killed in the afternoon when a dud RPG– passengers. Those that were killed were from 1951. SFC Shrider and PFC Stefaniak were 2 (B–40) rocket exploded. The team was in B Company, 25th Aviation Battalion, 25th In- assigned to the 938th Ordnance Company the process of loading a 2 1/2–ton truck with fantry Division, CW2 Ronald Joe Fulton, (Explosive Ordnance Disposal) at Fort Bragg, captured enemy ammunition at Tan Son pilot; 2LT Michael Lorrell Arrants, copilot; North Carolina. SFC Shrider and PFC Nhut Air Base, Saigon, Long An Province, SGT John Thomas Rodgers, gunner; SGT Stefaniak were transporting a trailer full of Republic of Vietnam. Three other men were Jerald Dale West, crew chief; and passenger TNT and Composition ‘‘C’’ explosives that helping to load the truck at the time of the from Headquarter Headquarters Company, was being pulled behind their jeep, when at accident. SFC Izard was awarded the Bronze 25th Infantry Division CPT John Lawrence 1400 hours an explosion occurred in the trail- Star Medal and the Purple Heart Medal. SFC Beek; CPT Paul Barkley Bowman, and CPT er. Their jeep was hurled forward more than Izard was an Explosive Ordnance Disposal Jerry David. CPT Bowman was awarded the 100 feet, setting it on fire. The explosion ig- school graduate. Distinguished Flying Cross, Bronze Star nited five gallons of gasoline that they were Additional Facts: Navy Service Number: Medal, and the Purple Heart Medal. CPT carrying. SFC Shrider and PFC Stefaniak 616 03 15; Army Service Number: 19357542; Bowman was an Explosive Ordnance Disposal were on Longstreet Road and had just pulled Service Number: 448035054; Born: 2 August school graduate. CPT Bowman was inducted into the fenced-off dud disposal area on the 1920; Coleman, Oklahoma; Age: 47; Home- in the U.S. Army Chemical Corps Hall of Fort Bragg range prior to the accident. SFC town: El Paso, Texas; MOS: 55C4A: Ammuni- Fame in June 2010. Shrider was trapped inside the jeep following tion Maintenance Specialist; Length of Serv- Additional Facts: Service Number: the explosion and died instantly. PFC ice: 22 years; Tour Started: 9 April 1967; Bur- 369427269; Born: 3 September 1943; Age: 26; Stefaniak was thrown clear on the right side ied: Fort Rosecrans National Cemetery, San Hometown: Newaygo, Michigan; Buried: of the jeep. SFC Cecil Coley and CPL Ben Diego, California, Section 0, Grave Number Newaygo Cemetery, Newaygo, Michigan, Smith of the range personnel office rushed to 4110; Vietnam Memorial Panel: 56W Line 34. Plot: Section F, Lot 095, Grave 2; Vietnam the aid of PFC Stefaniak and pulled the in- Virtual Vietnam Wall—SFC Izard Memorial Panel: 14W Line 083. jured man clear of the burning jeep. SFC The Wall—SFC Izard Virtual Vietnam Wall—CPT Bowman Coley and CPL Smith were unable to reach Army Together We Served—SFC Izard The Wall—CPT Bowman SFC Shrider, who was slumped inside the Navy Together We Served—BM 2/c Izzy Army Together We Served—CPT Bowman jeep, due to the intense flames from the ve- Find-A-Grave—SFC Izard Find-A-Grave—CPT Bowman

VerDate Mar 15 2010 06:41 May 23, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A22MY8.004 E22MYPT1 jbell on DSK7SPTVN1PROD with REMARKS E724 CONGRESSIONAL RECORD — Extensions of Remarks May 22, 2013 50. CPT Frederick Phillip ‘‘Fred’’ Smith get the aircraft closer to the ground and the 448463006; Born: 6 March 1946, Oklahoma City, was killed on 13 February 1971. CPT Smith crew prepared for a possible emergency land- Oklahoma; Age: 24; Hometown: Oklahoma was the Assistant Division Chemical Officer ing in the 100-foot plus high jungle canopy. City, Oklahoma; Buried: Rose Hill Burial assigned to Headquarters, Headquarters The aircraft commander instructed the crew Park, 6001 NW Grand Blvd, Oklahoma City, Company 1st Cavalry Division (Airmobile), in the cargo compartment to jettison all Oklahoma; Vietnam Memorial: Panel 05W- United States Army, Pacific—Republic of canisters, which the aircraft commander now Line 102. Vietnam. CPT Smith was stationed at Phuoc believes had already happened. In avoiding Virtual Vietnam Wall—CPT Smith Vinh, Camp Casey, Republic of South Viet- the conflagration in the cargo compartment The Wall—CPT Smith nam. On 13 February 1971, CPT Smith was someone somersaulted onto the radio con- Army Together We Served—CPT Smith conducting a ‘‘People Sniffer’’ mission over sole, located between the two pilots. The air- First Cavalry Division Memorial Binh Tuy Province, III Corps (present-day craft commander wrestled with that person Find-A-Grave—CPT Smith Binh Thuan Province) in a valley suspected briefly to remove him from the proximity of Acknowledgements: to be occupied by enemy troops at Military the aircraft controls. The aircraft com- 1. SGM James G. ‘‘Jim’’ Ferris, USA (Re- grid coordinates YS848912. Headquarters, mander instructed the pilot to check his in- tired). Headquarters Battery, 2d Battalion, 20th Ar- struments and the pilot reported that they 2. LTC Robert E. ‘‘Bob’’ Leiendecker, USA tillery (aerial rocket), 1st Cavalry Division still had power. Now realizing that there (Retired). (Airmobile) was tasked to support the mis- wasn’t a fire on board, but there was a lot of 3. Dr. Jeffrey M. Leatherwood, Ph.D. sion. The mission team consisted of one CS gas and smoke, the aircraft commander Note: All mortuary records for World War Army UH–1H Huey helicopter (68–16360) and jettisoned his aircraft entry door. With his II, for all branches, are kept at the Total two AH–1G Cobra attack helicopters. LTC sight now returning, the aircraft commander Army Personnel Command (TAPC). You may Adalbert E. ‘‘Bert’’ Toepel, Jr., 2d Battal- took control of the aircraft from the pilot write and request a copy of his Individual ion’s commanding officer, sat in the Huey’s and flew in a slip (sideways), which caused Deceased Personal File (IDPF) at the below front left seat as the aircraft commander. In air to blow across the interior of the heli- listed address: the front right seat sat the pilot, CPT L.R. copter and helped evacuate the gas fumes. U.S. Total Army Personnel Command Burnette. The crew engineer (or crew chief) While this was going on, CPT Smith, al- ATTN: TAPC-PAO (FOIA) in the far left well was SP4 T.M. Morgan. though badly burned and with his clothing 200 Stoval Street PFC W. Wallace was the gunner in the far on fire from the black powder bursting Alexandria, VA 22332–0404 right well. Besides CPT Smith, others on the charges, realized that everyone’s lives was Phone: (703) 325–5300 (for questions and to flight included 2d Battalion’s Sergeant endanger and he was able to undo his seat- check your request) Major, SGM Dobson, and an enlisted soldier belt and push all of the clusters out of the f from the 184th Chemical Platoon (Direct helicopter. In the confusion, blinded and Support) that was there to assist CPT Smith choking by the CS smoke, he may have been A TRIBUTE IN HONOR OF THE with the drop. The mission’s objective was to thrown out during the autorotation or by the LIFE OF THE HONORABLE FER- make one or two runs at 1,500 feet (optimum explosion of the charges. CPT Smith went NANDO VEGA altitude for maximum effect) down the val- out with the clusters munitions and fell 1,500 ley dropping approximately 20 modified Air feet to his death. When their vision returned, Force BLU E158 tactical CS–2 (2– someone reported that CPT Smith was miss- HON. ANNA G. ESHOO chlorobenzalmalononitrile) clusters bombs ing. What was originally thought to be a OF CALIFORNIA from the Huey helicopter. CS is a chemical burning can of transmission fluid turned out IN THE HOUSE OF REPRESENTATIVES agent in the family of riot control agents, to be the burning of a small container of CS Wednesday, May 22, 2013 commonly called ‘‘tear gas.’’ Each E158 clus- gas on the floor of the aircraft. The small ter bomb consisted of 264 D-cell battery-sized containers of burning gas caused extensive Ms. ESHOO. Mr. Speaker, I rise today to canisters of CS held in place by a plastic unit damage to the nylon seats and interior insu- honor the life of a great and good man, Fer- that measures 3-foot-long and 1-foot-wide. A lation in the aircraft. CPT Smith’s quick nando Vega, who lived a life of service to his timing fuse detonates a bursting/igniting thinking and actions saved the lives of six country and his community, and who died charge that sends the smaller munitions people onboard the Huey helicopter. The hel- peacefully at his home at the age of 88, sur- over a 50-meter area, spraying CS as they icopter crewmembers were wearing their rounded by his loving family. scatter. The hope was that the tear gas sub- standard issue Nomex flight clothing and munitions would drive the enemy from their gloves, and were protected from more serious Fernando Vega was born in Houston, hiding places and expose them in a more burns on their skin. Despite protective cloth- Texas, on November 20, 1924, and died on open area making them vulnerable to rocket ing and a helmet, one of the CS containers May 9, 2013 in Redwood City, California. Be- and gunfire from two supporting Cobra at- became lodged just behind the aircraft com- tween the bookmarks of birth and death, he tack helicopters. The drop time was in early mander’s neck, which resulted in third-de- accomplished much and served many. He was morning to assure that the CS gas would set- gree burns. One of those containers also a devoted husband and father, and his mar- tle into the jungle canopy instead of being landed next to his right arm resulting in sec- riage in 1948 to his beloved Tina was an in- blown away by the wind, which was expected ond-degree burns. Portions of his face not to happen later in the day. Take off was covered by the visor of his flight helmet were spiration to everyone. He proudly served his scheduled for 0600 hours. No problems were hit by gas and caused first- and second-de- country in the United States Army Air Corps encountered in the preparations and loading gree burns. Other crewmembers were simi- where he received the training that led to his of the canisters, which were placed on end larly burned. The helicopter crew chief was lifelong career as an airline mechanic. A trans- just inside the open doors of the helicopter’s transferred to Camp Zama Hospital in Japan fer led Tina and Fernando to Redwood City cargo compartment. As a safety precaution, with severe burns. The passengers on the hel- with their six children in 1960, a move that the pilot of the aircraft (right seat) wore a icopter wore standard nylon jungle fatigues proved fortuitous for them and our entire com- protective mask in the event any of the CS and were also extensively burned. The en- munity. gas entered the crew compartment and ad- listed soldier assisting Captain Smith re- Fernando made Redwood City his home versely affected either of the pilots. It is not ceived severe burns and was transferred to recalled if anybody else was wearing a pro- Camp Zama Hospital where he underwent an and gave it his all. To supplement his income tective mask during the mission. All pas- extensive period of hospitalization. Not for his large family, he opened Vegas Market sengers were seat-belted in. Upon the start of knowing what damage may have occurred to and Grill on Middlefield Road. The market was their run, there was a sudden explosion in the aircraft, the helicopter was flown to a sold in 1984, but it still bears the family’s the passenger/cargo compartment and the nearby artillery firebase FSB Mace where it name. He served on the Redwood City Coun- entire interior was immediately filled with landed. The accompanying escort aircraft cil with distinction, and was a member of the burning CS gas. Somehow the arming wires followed. SP4 Lee Gurley and another medic Redwood City Elementary School District of the third cluster must have come loose, from C Company, 15th Medical Battalion, 1st Board of Trustees. He was a Commissioner of and an E 158 cluster began detonating inside Cavalry Division (Airmobile) treated the in- the Huey helicopter by the door. It’s sur- jured. The incident was then reported to the the San Mateo County Grand Jury and the mised that the cause of the malfunction was division tactical operations center. Three San Mateo County Civil Service Commission. that someone somehow accidentally snagged days later an infantry unit was able to go in Fernando was rightfully proud of his service the arming wire, which activated the timer. and recover Captain Smith’s body. CPT with Kiwanis in the formation and continued The copper retaining wires on the fuzes had Smith was awarded the Silver Star Medal, operation of the Redwood City Farmer’s Mar- been precut. This explosion started a chain Bronze Star Medal with Oak Leaf Cluster, ket which contributed so much to the needy in reaction setting off the other clusters. Prior and the Purple Heart Medal. CPT Smith was the community. He began his service with the to the mission, a gallon can of transmission an Explosive Ordnance Disposal school grad- market in the late ’80s and only ended it about fluid was placed in the cargo compartment. uate. CPT Smith was inducted in the U.S. After the clusters went off the crew chief an- Army Chemical Corps Hall of Fame in June five years ago when a stroke deprived him of nounced over the intercom, ‘‘Sir, the trans- 2008. the mobility he needed to help out. mission fluid is on fire!’’ The pilot imme- Additional Facts: Service Number (En- Fernando is survived by his beloved wife diately went into autorotation in order to listed): RA 18733814; Service Number: Tina, and was predeceased by his son David

VerDate Mar 15 2010 06:41 May 23, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A22MY8.005 E22MYPT1 jbell on DSK7SPTVN1PROD with REMARKS May 22, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E725 (Pat). His children Oscar (Nada), George IN RECOGNITION OF POYANT for us. Many of the soldiers that fought in the (Karen), Eloy (Sef), Fernanado (Carol), and SIGNS battle at the Alamo were from different states Belinda will miss him deeply, as will his many and even a few countries. The diversity of grandchildren and great–grandchildren. HON. WILLIAM R. KEATING people that have traveled to the state since the 1800’s has contributed to its vast culture. OF MASSACHUSETTS Mr. Speaker, I ask my colleagues to join me That has made Texas what it is today. in honoring the extraordinary life and accom- IN THE HOUSE OF REPRESENTATIVES Today, Texas’ diversity is expansive and in- plishments of Fernando Vega and in extolling Wednesday, May 22, 2013 cludes the contributions of many different cul- his life of service to others. I ask my col- Mr. KEATING. Mr. Speaker, I rise today to tures that help make Texas’ own culture that leagues to also join me in extending our most recognize Poyant Signs of New Bedford, Mas- much more unique. From the numerous Viet- sincere condolences to Fernando Vega’s fam- sachusetts, as the company celebrates sev- namese Pho restaurants in downtown Houston ily, for their loss is a great one. I’m very proud enty-five years of business this month. to the German Karbach Brewery in North to have had the opportunity to know and work Founder Maurice J. Poyant first began his Houston, the global influence on Houston’s with Fernando and even prouder to have signmaking company in 1938, originally oper- culture is immense. called him my friend. There wasn’t a finer ating under the name Artcraft Sign Company. The Houston Chronicle recently reported human being or greater patriot. Through his His small business would see great expansion about a Houston historian who focused on de- integrity, leadership and decency, he strength- and many changes over the course of the fol- termining how streets in Houston-area com- ened our country and our community in count- lowing decades, such as moving into its well- munities received their names. Many settlers less ways. known Acushnet Avenue storefront, the pur- provided the names for not only cities and chase of its first 45-foot crane, and incorpora- counties but for streets in local communities f tion of the business under the new name as well. Spring Branch, a community in the Poyant Signs in the 1950s. Several members Second Congressional District of Texas, had HONORING COLONEL MARK C. of the Poyant family would go on to lead the several streets named after early immigrant GARDNER company over the years following Maurice’s settlers from Germany. Most of the early set- retirement, including Maurice’s son Leonard tlers were German farmers who came to the Poyant and grandson Richard Poyant. As United States in pursuit of prosperity and to HON. PHIL GINGREY sales continued to increase, Poyant Signs have land to farm. The City of Houston was maintained its growth and success, and over named after the great Sam Houston, who was OF GEORGIA the years the company was even able to ac- of Scots-Irish descent and originally from Vir- IN THE HOUSE OF REPRESENTATIVES quire several competing signage companies. ginia. The county that encompasses Houston, Although it has since outgrown its Acushnet Harris County, was named after John Richard- Wednesday, May 22, 2013 Avenue location, Poyant Signs still calls New son Harris, a settler who came to Texas from Bedford home, and is headquartered today in New York by way of Missouri. Mr. GINGREY of Georgia. Mr. Speaker, I a modern 45,000 square foot facility located in As the saying goes, if you weren’t born in rise today to honor Colonel Mark C. Gardner New Bedford Business Park. Texas, you got there as fast as you could. and to recognize his lifetime of service to our The success of Poyant Signs has continued People from around the world continue to country. into the twenty-first century, and today the hang a ‘‘Gone to Texas’’ sign on their front On June 28, Col. Gardner will retire from company stands as the largest sign manufac- door. Our Texas pride comes from our rich the Georgia National Guard after thirty years turer in New England. It serves both well- history, a history that was built by the contribu- of sacrifice and service to this great nation. known local businesses and clients that oper- tions of many local heroes and leaders who ate on a national level, and the company has simply got to Texas as fast as they could. And While he currently serves as the Georgia been the recipient of numerous awards within that’s just the way it is. National Guard’s State Inspector General, he the industry. In 2009, Poyant Signs was hon- has worked in many different capacities. In ored as a finalist in the Massachusetts Family f 1983, Col. Gardner’s first assignment was with Business of the Year Awards, as well as by U.S. Army Missile Command, and he has the New Hampshire Sign Association Awards OLIVIA FOUSEL since been assigned to infantry, maintenance, for the company’s excellence in signmaking. and forward support duties across the world. Since its founding in 1938, Poyant Signs His career has taken him to Korea, Panama, has played a central role in the development HON. ED PERLMUTTER Afghanistan, Iraq, and several military installa- of New Bedford’s local economy. The com- OF COLORADO tions here in the United States. pany is emblematic of the type of business IN THE HOUSE OF REPRESENTATIVES that makes New Bedford the great city that it For his distinguished leadership throughout Wednesday, May 22, 2013 is today, and it is certainly fitting to celebrate his career, Col. Gardner has been awarded this company’s many years of success. Mr. PERLMUTTER. Mr. Speaker, I rise with decorations like the Legion of Merit with Mr. Speaker, I am proud to recognize today to recognize and applaud Olivia Fousel Oak Leaf Cluster, the Joint Service Com- Poyant Signs upon the company’s seventy- for receiving the Arvada Wheat Ridge Service mendation Medal, the Meritorious Service fifth anniversary. I ask that my colleagues join Ambassadors for Youth award. Olivia Fousel Medal with six Oak Leaf Clusters, the Army me in this recognition and in congratulating is an 8th grader at Moore Middle School and Achievement Medal, the National Defense Poyant Signs for its many decades of pros- received this award because her determination Service Medal, the Global War on Terrorism perity. and hard work have allowed her to overcome Expeditionary Medal, the Global War on Ter- f adversities. rorism Service Medal, the Korea Defense The dedication demonstrated by Olivia Service Medal, the Army Reserve Service THEY GOT TO TEXAS AS FAST AS Fousel is exemplary of the type of achieve- Medal, the Parachutist Badge, and the Air As- THEY COULD ment that can be attained with hard work and sault Badge. perseverance. It is essential students at all levels strive to make the most of their edu- Col. Gardner has played an invaluable role HON. TED POE cation and develop a work ethic which will in the U.S. Armed Forces for decades and he OF TEXAS guide them for the rest of their lives. will surely be missed. IN THE HOUSE OF REPRESENTATIVES I extend my deepest congratulations to Mr. Speaker, on behalf of the 11th District of Wednesday, May 22, 2013 Olivia Fousel for winning the Arvada Wheat Georgia, my deepest thanks to Col. Gardner Mr. POE of Texas. Mr. Speaker, from the Ridge Service Ambassadors for Youth award. for devoting his life to the upholding the Con- establishment of our great State, people have I have no doubt she will exhibit the same dedi- stitution of the United States and to the pro- traveled from all over the world to come to cation and character in all of her future ac- tection of its citizens. I wish him a happy—and Texas either to live, to work or to visit. Before complishments. well-deserved—retirement. Texas was a state, some even came to fight

VerDate Mar 15 2010 06:41 May 23, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K22MY8.004 E22MYPT1 jbell on DSK7SPTVN1PROD with REMARKS E726 CONGRESSIONAL RECORD — Extensions of Remarks May 22, 2013 SENATE COMMITTEE MEETINGS Committee on Veterans’ Affairs posed National Defense Authorization Title IV of Senate Resolution 4, To hold hearings to examine pending Act for fiscal year 2014. agreed to by the Senate of February 4, benefits legislation. SR–232A SR–418 6 p.m. 1977, calls for establishment of a sys- Committee on Armed Services tem for a computerized schedule of all JUNE 6 Subcommittee on Emerging Threats and meetings and hearings of Senate com- Capabilities mittees, subcommittees, joint commit- 9:30 a.m. Committee on Energy and Natural Re- Closed business meeting to markup those tees, and committees of conference. sources provisions which fall under the sub- This title requires all such committees To hold hearings to examine programs committee’s jurisdiction of the pro- to notify the Office of the Senate Daily and activities of the Department of the posed National Defense Authorization Digest—designated by the Rules Com- Interior. Act for fiscal year 2014. mittee—of the time, place and purpose SD–366 SR–232A of the meetings, when scheduled and 2:30 p.m. any cancellations or changes in the Committee on Energy and Natural Re- JUNE 12 meetings as they occur. sources 9:30 a.m. As an additional procedure along Subcommittee on Water and Power Committee on Armed Services with the computerization of this infor- To hold an oversight hearing to examine Subcommittee on SeaPower mation, the Office of the Senate Daily the progress made by Native Hawaiians Closed business meeting to markup those Digest will prepare this information for toward stated goals of the Hawaiian provisions which fall under the sub- printing in the Extensions of Remarks Homelands Commission Act. committee’s jurisdiction of the pro- section of the CONGRESSIONAL RECORD SD–366 posed National Defense Authorization on Monday and Wednesday of each Act for fiscal year 2014. week. JUNE 11 SR–222 Meetings scheduled for Thursday, 9:30 a.m. 2:30 p.m. May 23, 2013 may be found in the Daily Committee on Armed Services Committee on Armed Services Digest of today’s record. Subcommittee on Airland Closed business meeting to markup the Business meeting to markup those provi- proposed National Defense Authoriza- MEETINGS SCHEDULED sions which fall under the subcommit- tion Act for fiscal year 2014. tee’s jurisdiction of the proposed Na- SR–222 JUNE 4 tional Defense Authorization Act for 9:30 a.m. fiscal year 2014. JUNE 13 Committee on Armed Services SD–G50 9:30 a.m. To hold hearings to examine pending leg- 11 a.m. Committee on Armed Services islation regarding sexual assaults in Committee on Armed Services Closed business meeting to continue to the military. Subcommittee on Readiness and Manage- markup the proposed National Defense TBA ment Support Authorization Act for fiscal year 2014. 10 a.m. Business meeting to markup those provi- SR–222 Committee on Energy and Natural Re- sions which fall under the subcommit- sources tee’s jurisdiction of the proposed Na- To hold hearings to examine wildland JUNE 14 tional Defense Authorization Act for fire management. 9:30 a.m. fiscal year 2014. SD–366 Committee on Armed Services SD–G50 2:30 p.m. Closed business meeting to continue to 2 p.m. Committee on Commerce, Science, and markup the proposed National Defense Committee on Armed Services Transportation Authorization Act for fiscal year 2014. Subcommittee on Personnel Subcommittee on Communications, Tech- SR–222 nology, and the Internet Business meeting to markup those provi- sions which fall under the subcommit- To hold hearings to examine the state of JUNE 20 wireless communications. tee’s jurisdiction of the proposed Na- SR–253 tional Defense Authorization Act for 10 a.m. fiscal year 2014. Committee on Energy and Natural Re- JUNE 5 SD–G50 sources To hold an oversight hearing to examine 10 a.m. 3:30 p.m. Committee on Appropriations Committee on Armed Services water resource issues in the Klamath Subcommittee on Department of Defense Subcommittee on Strategic Forces River Basin. To hold hearings to examine the Missile Closed business meeting to markup those SD–366 Defense Agency. provisions which fall under the sub- SD–192 committee’s jurisdiction of the pro-

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HIGHLIGHTS Senate agreed to S. Res. 65, Iran Sanctions Resolution, as amended. Senate Stabenow (for Vitter) Amendment No. 1056, to Chamber Action end food stamp eligibility for convicted violent rap- Routine Proceedings, pages S3701–S3789 ists, pedophiles, and murderers. Page S3717 Measures Introduced: Twenty-three bills and one Rejected: resolution were introduced, as follows: S. By 36 yeas to 60 nays (Vote No. 132), Inhofe/ 1005–1027, and S. Res. 152. Pages S3760–61 Graham Amendment No. 960, to repeal the nutri- tion entitlement programs and establish a nutrition Measures Reported: assistance block grant program. Pages S3712–16 S. Res. 143, recognizing the threats to freedom of By 45 yeas to 54 nays (Vote No. 134), Stabenow the press and expression around the world and re- (for Shaheen) Amendment No. 925, to reform the affirming freedom of the press as a priority in the Federal sugar program. efforts of the United States Government to promote Pages S3727–28, S3734–36, S3745–46 democracy and good governance on the occasion of Pending: World Press Freedom Day on May 3, 2013. Stabenow (for Leahy) Amendment No. 998, to es- Page S3759 tablish a pilot program for gigabit Internet projects Measures Passed: in rural areas. Page S3712 Iran Sanctions Resolution: By a unanimous vote Sanders/Begich Amendment No. 965, to permit of 99 yeas (Vote No. 133), Senate agreed to S. Res. States to require that any food, beverage, or other 65, strongly supporting the full implementation of edible product offered for sale have a label on indi- United States and international sanctions on Iran and cating that the food, beverage, or other edible prod- urging the President to continue to strengthen en- uct contains a genetically engineered ingredient. forcement of sanctions legislation, after agreeing to Pages S3749–52 A unanimous-consent agreement was reached pro- the committee-reported amendment. Pages S3736–45 viding for further consideration of the bill on Thurs- Stolen Valor Act: Senate passed H.R. 258, to day, May 23, 2013, following the cloture vote on amend title 18, United States Code, with respect to the nomination of Srikanth Srinivasan, of Virginia, fraudulent representations about having received to be United States Circuit Judge for the District of military decorations or medals. Page S3789 Columbia Circuit, and notwithstanding cloture hav- Measures Considered: ing been invoked, if invoked, Senate continue legis- Farm Bill—Agreement: Senate continued consid- lative session and consideration of the bill; Senate eration of S. 954, to reauthorize agricultural pro- then vote on or in relation to Sanders/Begich grams through 2018, taking action on the following Amendment No. 965 (listed above); that there be no amendments proposed thereto: second-degree amendments in order to Sanders/ Begich Amendment No. 965 prior to the vote; that Pages S3712–36, S3745–52 the amendment be subject to a 60 affirmative vote Adopted: threshold; and that the time consumed during con- Stabenow (for Franken) Amendment No. 992, to sideration of the bill count post-cloture. Page S3751 provide access to grocery delivery for homebound seniors and individuals with disabilities eligible for Appointments: supplemental nutrition assistance benefits. Commission on Security and Cooperation in Eu- Pages S3716–17 rope (Helsinki): The Chair, on behalf of the Vice D485

VerDate Mar 15 2010 05:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MY3.REC D22MYPT1 jbell on DSK7SPTVN1PROD with DIGEST D486 CONGRESSIONAL RECORD — DAILY DIGEST May 22, 2013 President, pursuant to Public Law 94–304, as rector of Strategic Planning, Budget and Account- amended by Public Law 99–7, appointed the fol- ability, both of the United States Forest Service, De- lowing Senator as a member of the Commission on partment of Agriculture. Security and Cooperation in Europe (Helsinki) dur- ing the 113th Congress: Senator Boozman. BUSINESS MEETING Page S3789 Committee on Armed Services: Committee ordered favor- Messages from the House: Page S3757 ably reported 3,270 nominations in the Army, Navy, Air Force, and Marine Corps. Measures Referred: Page S3757 Measures Placed on the Calendar: TAX REFORM Pages S3701, S3757 Committee on the Budget: Committee concluded a hear- Enrolled Bills Presented: Page S3757 ing to examine supporting broad-based economic Executive Communications: Pages S3757–59 growth and fiscal responsibility through tax reform, after receiving testimony from Michael Linden, Cen- Executive Reports of Committees: Pages S3759–60 ter for American Progress, and Adam Looney, The Additional Cosponsors: Pages S3761–63 Brookings Institution, both of Washington, D.C.; Statements on Introduced Bills/Resolutions: and Veronique de Rugy, George Mason University Pages S3763–67 Mercatus Center, Arlington, Virginia. Additional Statements: Pages S3756–57 NOMINATION Amendments Submitted: Pages S3767–88 Committee on Commerce, Science, and Transportation: Notices of Hearings/Meetings: Page S3788 Committee concluded a hearing to examine the nomination of Anthony Renard Foxx, of North Caro- Authorities for Committees to Meet: Page S3788 lina, to be Secretary of Transportation, after the Privileges of the Floor: Pages S3788–89 nominee, who was introduced by Senators Hagan Record Votes: Three record votes were taken today. and Burr, testified and answered questions in his (Total—134) Pages S3716, S3744, S3746 own behalf. Adjournment: Senate convened at 9:30 a.m. and NUTRIENT TRADING AND WATER adjourned at 6:47 p.m., until 9:30 a.m. on Thurs- QUALITY day, May 23, 2013. (For Senate’s program, see the remarks of the Majority Leader in today’s Record on Committee on Environment and Public Works: Sub- page S3789.) committee on Water and Wildlife concluded a hear- ing to examine nutrient trading and water quality, after receiving testimony from Michael H. Shapiro, Committee Meetings Principal Deputy Assistant Administrator for Water, (Committees not listed did not meet) Environmental Protection Agency; Beth L. McGee, Chesapeake Bay Foundation, Annapolis, Maryland; APPROPRIATIONS: DEPARTMENT OF THE Marty Matlock, University of Arkansas Center for ARMY Agricultural and Rural Sustainability, Fayetteville; Committee on Appropriations: Subcommittee on Depart- and Susan Parker Bodine, Barnes and Thornburg, ment of Defense concluded a hearing to examine and George S. Hawkins, District of Columbia Water proposed budget estimates for fiscal year 2014 for and Sewer Authority, both of Washington, D.C. the Army, after receiving testimony from John M. McHugh, Secretary, and General Raymond T. TRADE FACILITATION AND TRADE Odierno, Chief of Staff, both of the Department of ENFORCEMENT ACT the Army, Department of Defense. Committee on Finance: Committee concluded a hearing to examine S. 662, to reauthorize trade facilitation APPROPRIATIONS: UNITED STATES and trade enforcement functions and activities, after FOREST SERVICE receiving testimony from William A. Cook, Chrysler Committee on Appropriations: Subcommittee on Depart- Group LLC, Rochester, Michigan; David Cooper, ment of the Interior, Environment, and Related The Procter and Gamble Company, Cincinnati, Agencies concluded a hearing to examine proposed Ohio; Clark R. Silcox, National Electrical Manufac- budget estimates for fiscal year 2014 for the United turers Association, Rosslyn, Virginia; and Mary Ann States Forest Service, after receiving testimony from Comstock, UPS Supply Chain Solutions, Inc., Sweet Tom Tidwell, Chief, and Barbara Cooper, Acting Di- Grass, Montana.

VerDate Mar 15 2010 05:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MY3.REC D22MYPT1 jbell on DSK7SPTVN1PROD with DIGEST May 22, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D487 INTERNATIONAL DEVELOPMENT The nominations of Mark Gaston Pearce, of New Committee on Foreign Relations: Subcommittee on York, Richard F. Griffin, Jr., of the District of Co- International Development and Foreign Assistance, lumbia, Sharon Block, of the District of Columbia, Economic Affairs, International Environmental Pro- Harry I. Johnson III, of Virginia, and Philip Andrew tection, and Peace Corps concluded a hearing to ex- Miscimarra, of Illinois, all to be a Member of the amine different perspectives on international devel- National Labor Relations Board. opment, after receiving testimony from William BUSINESS MEETING Lane, Caterpillar, Inc., on behalf of the U.S. Global Leadership Campaign, John Murphy, U.S. Chamber Committee on the Judiciary: On Tuesday, May 21, of Commerce, and Todd J. Moss, Center for Global 2013, Committee ordered favorably reported S. 744, Development, all of Washington, D.C. to provide for comprehensive immigration reform, with amendments. GOVERNMENT EFFICIENCY AND EFFECTIVENESS STEM EDUCATION Committee on Homeland Security and Governmental Af- Committee on Small Business and Entrepreneurship: Com- fairs: Committee concluded a hearing to examine mittee concluded a hearing to examine how the performance management and congressional over- Science, Technology, Engineering, and Mathematics sight, focusing on government efficiency and effec- (STEM) Education Pipeline can develop a high- tiveness, and opportunities to reduce fragmentation, skilled American workforce for small business, focus- overlap, and duplication, after receiving testimony ing on bridging the skills gap, including S. 744, to from Gene L. Dodaro, Comptroller General of the provide for comprehensive immigration reform, after United States, and Cathleen Berrick, Managing Di- receiving testimony from Johan Uvin, Deputy As- rector, Homeland Security and Justice Issues, both of sistant Secretary, Office of Vocational and Adult the Government Accountability Office. Education, and Camsie McAdams, Senior Advisor, STEM, Office of Program Evaluation and Policy, DURABLE MEDICAL EQUIPMENT both of the Department of Education; Gerri Fiala, COMPANIES Deputy Assistant Secretary of Labor, Employment Committee on Homeland Security and Governmental Af- and Training Administration; Rose Wang, Binary fairs: Subcommittee on Financial and Contracting Group, and Joan Ferrini-Mundy, National Science Oversight concluded an oversight hearing to examine Foundation, both of Arlington, Virginia; Loren business practices of durable medical equipment Goodman, InRule Technology, Chicago, Illinois; companies, after receiving testimony from Steve Sil- Leah Belsky, Kaltura, and Shree Taylor, Delta Deci- verman, Med-Care Diabetic and Medical Supplies, sions of DC, both of Washington, D.C.; Dee Moon- Boca Raton, Florida. ey, Micron Foundation, Boise, Idaho; Naomi BUSINESS MEETING Moneypenny, ManyWorlds, Inc., Houston, Texas; and Bob Kolvoord, James Madison University Center Committee on Homeland Security and Governmental Af- for STEM Education and Outreach, Harrisonburg, fairs: Committee ordered favorably reported the Virginia. nominations of Brian C. Deese, of Massachusetts, to be Deputy Director of the Office of Management MEDICARE PRESCRIPTION DRUG and Budget, and Michael Kenny O’Keefe, and Rob- PROGRAM ert D. Okun, both to be an Associate Judge of the Special Committee on Aging: Committee concluded a Superior Court of the District of Columbia. hearing to examine the Medicare prescription drug BUSINESS MEETING program, focusing on 10 years later, after receiving Committee on Health, Education, Labor, and Pensions: testimony from Margaret Woerner, Medicare Rights Committee ordered favorably reported the following Center, New York, New York; and Jack Hoadley, business items: Georgetown University Health Policy Institute, S. 959, to amend the Federal Food, Drug, and Richard I. Smith, Pharmaceutical Research and Man- Cosmetic Act with respect to compounding drugs, ufacturers of America, and Robert G. Romasco, with an amendment in the nature of a substitute; AARP, all of Washington, D.C. and

VerDate Mar 15 2010 05:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MY3.REC D22MYPT1 jbell on DSK7SPTVN1PROD with DIGEST D488 CONGRESSIONAL RECORD — DAILY DIGEST May 22, 2013 House of Representatives Agreed to: Chamber Action Cohen amendment (No. 9 printed in H. Rept. Public Bills and Resolutions Introduced: 39 pub- 113–88) that requires TransCanada to submit its oil lic bills, H.R. 2083–2121; and 5 resolutions, H.J. spill response plan, and any updates to the plan, to Res. 47–48; H. Con. Res. 38; and H. Res. 231, 233 the Governors of each State in which the Keystone were introduced. Pages H2909–13 XL pipeline operates. TransCanada is required to de- Additional Cosponsors: Pages H2913–14 velop such a plan under current law and regulations; Report Filed: A report was filed today as follows: only certain Federal agencies receive and review the H. Res. 232, providing for consideration of the plan and Pages H2884–85 bill (H.R. 1911) to amend the Higher Education Weber (TX) amendment (No. 1 printed in H. Act of 1965 to establish interest rates for new loans Rept. 113–88) that adds to the findings in Section made on or after July 1, 2013, and for other pur- 2 highlighting the State Department’s scientific and poses (H. Rept. 113–89). Page H2909 environmental findings which conclude that the Keystone XL pipeline is a safe and environmentally Speaker: Read a letter from the Speaker wherein he sound project (by a recorded vote of 246 ayes to 168 appointed Representative McClintock to act as noes, Roll No. 169). Pages H2876–77, H2886–87 Speaker pro tempore for today. Page H2841 Rejected: Recess: The House recessed at 10:56 a.m. and re- Waxman amendment (No. 2 printed in H. Rept. convened at 12 noon. Page H2848 113–88) that sought to add a finding that ‘‘the reli- Chaplain: The prayer was offered by the guest chap- ance on oil sands crudes for transportation fuels lain, Dr. Ken Whitten, Idlewild Baptist Church, would likely result in an increase in incremental Lutz, Florida. Page H2848 greenhouse gas emissions’’ in the United States, re- Commission to Eliminate Child Abuse and Ne- sulting in additional greenhouse gas emissions equal glect Fatalities—Appointment: Read a letter from to 4.3 million passenger vehicles. Also provided that Representative Pelosi, Democratic Leader, in which the bill would not go into effect unless the President she appointed Mr. Robert E. ‘‘Bud’’ Cramer of found that TransCanada or tar sands producers will Huntsville, AL to the Commission to Eliminate fully offset the additional greenhouse gas emissions Child Abuse and Neglect Fatalities. Page H2852 (by a recorded vote of 146 ayes to 269 noes, Roll Moment of Silence: The House observed a moment No. 170); Pages H2877–78, H2887 of silence in honor of the victims of the devastating Johnson (GA) amendment (No. 3 printed in H. tornadoes in Oklahoma and Texas. Page H2861 Rept. 113–88) that sought to require a study on the health impacts of increased air pollution in commu- Northern Route Approval Act: The House passed nities surrounding the refineries that will transport H.R. 3, to approve the construction, operation, and diluted bitumen through the proposed Keystone XL maintenance of the Keystone XL pipeline, by a re- corded vote of 241 ayes to 175 noes with 1 answer- pipeline (by a recorded vote of 177 ayes to 239 noes, Roll No. 171); Pages H2878–79, H2887–88 ing ‘‘present’’, Roll No. 179. Pages H2852–95 Rejected the Bishop (NY) motion to recommit Connolly amendment (No. 4 printed in H. Rept. the bill to the Committee on Transportation and In- 113–88) that sought to require a threat assessment frastructure with instructions to report the same of pipeline vulnerabilities to terrorist attack and cor- back to the House forthwith with an amendment, by rective actions necessary to protect the pipeline from a yea-and-nay vote of 194 yeas to 223 nays, Roll such an attack and to mitigate any resulting spill No. 178. Pages H2892–93 (by a recorded vote of 176 ayes to 239 noes, Roll Pursuant to the rule, an amendment in the nature No. 172); Pages H2879–80, H2888–89 of a substitute consisting of the text of Rules Com- Rahall amendment (No. 5 printed in H. Rept. mittee Print 113–11 shall be considered as an origi- 113–88) that sought to strike section 3 of the bill nal bill for the purpose of amendment under the (Keystone XL Permit Approval). Section 3 elimi- five-minute rule, in lieu of the amendments in the nates the requirement for a Presidential Permit to nature of a substitute recommended by the Commit- construct the Keystone XL pipeline across an inter- tees on Transportation and Infrastructure, Energy national border. Section 3 further deems the new ap- and Commerce, and Natural Resources now printed plication for the Keystone XL pipeline approved, in the bill. Page H2875 based on a final environmental impact statement

VerDate Mar 15 2010 05:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MY3.REC D22MYPT1 jbell on DSK7SPTVN1PROD with DIGEST May 22, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D489 issued by the U.S. Department of State for a dif- 202(c) of the Federal Power Act may not be consid- ferent pipeline route (by a recorded vote of 177 ayes ered a violation of any Federal, State, or local envi- to 238 noes, Roll No. 173); Pages H2880–81, H2889 ronmental law or regulation. Pages H2898–99 Esty amendment (No. 6 printed in H. Rept. Migratory Bird Conservation Commission—Ap- 113–88) that sought to remove the mandate to allow pointment: The Chair announced the Speaker’s ap- one specifically named company to never receive ap- pointment of the following Members on the part of propriate oversight through the permit process for the House to the Migratory Bird Conservation Com- operation and/or maintenance—in perpetuity, while mission: Representatives Wittman and Dingell. allowing construction permit fast-track (by a re- Pages H2899–H2900 corded vote of 182 ayes to 234 noes, Roll No. 174); Pages H2881–82, H2889–90 Military Compensation and Retirement Mod- Jackson Lee amendment (No. 7 printed in H. ernization Commission—Appointment: The Chair Rept. 113–88) that sought to lengthen the time pe- announced the Speaker’s appointment of the fol- riod for filing a claim under the Act from 60 days lowing individuals on the part of the House to the to 1 year (by a recorded vote of 182 ayes to 234 Military Compensation and Retirement Moderniza- noes, Roll No. 175); Pages H2882–83, H2890 tion Commission: Mr. Dov S. Zakheim of Silver Chu amendment (No. 8 printed in H. Rept. Spring, MD and Mr. Michael R. Higgins of Wash- 113–88) that sought to requires the GAO to con- ington, DC. Page H2900 duct a study and prepare a report of the Keystone Tom Lantos Human Rights Commission—Ap- XL pipeline to determine the total projected costs of pointment: Read a letter from Representative pipeline spill cleanup, including the potential im- Pelosi, Democratic Leader, in which she re-appointed pacts of a petroleum spill on public health and the Representative McGovern as Co-Chair of the Tom environment and the quantity and quality of water Lantos Human Rights Commission. Page H2900 available for agricultural and municipal purposes (by Senate Message: Message received from the Senate a recorded vote of 185 ayes to 231 noes, Roll No. by the Clerk and subsequently presented to the 176); and Pages H2883–84, H2890–91 House today appears on page H2852. Holt amendment (No. 10 printed in H. Rept. 113–88) that sought to increase American energy Quorum Calls—Votes: Two yea-and-nay votes and independence by requiring that all oil and refined 11 recorded votes developed during the proceedings fuels transported through the Keystone XL Pipeline of today and appear on pages H2860–61, be used here in the United States and not exported, H2861–62, H2886–87, H2887, H2887–88, unless the President finds that an exception is re- H2888–89, H2889, H2889–90, H2890, H2890–91, quired by law or in the national interest (by a re- H2891–92, H2892–93 and H2894. There were no corded vote of 162 ayes to 255 noes, Roll No. 177). quorum calls. Pages H2885–86, H2891–92 Adjournment: The House met at 10 a.m. and ad- H. Res. 228, the rule providing for consideration journed at 9:11 p.m. of the bill, was agreed to by a recorded vote of 228 ayes to 185 noes, Roll No. 168, after the previous Committee Meetings question was ordered by a yea-and-nay vote of 223 yeas to 194 nays, Roll No. 167. Pages H2860–62 MISCELLANEOUS MEASURE Meeting Hour: Agreed that when the House ad- Committee on Appropriations: Full Committee held a journs today, it adjourn to meet at 9 a.m. tomorrow. markup on Homeland Security Appropriations Bill Page H2895 for FY 2014. The bill was ordered reported, as amended. Suspensions: The House agreed to suspend the rules and pass the following measures: MISCELLANEOUS MEASURE Improving Postsecondary Education Data for Committee on Armed Services: Subcommittee on Stra- Students Act: H.R. 1949, amended, to direct the tegic Forces held a markup on H.R. 1960, the ‘‘Na- Secretary of Education to convene the Advisory tional Defense Authorization Act for Fiscal Year Committee on Improving Postsecondary Education 2014’’. The bill was forwarded, without amendment. Data to conduct a study on improvements to post- MISCELLANEOUS MEASURE secondary education transparency at the Federal level Committee on Armed Services: Subcommittee on Intel- and Pages H2895–98 ligence, Emerging Threats and Capabilities held a Resolving Environmental and Grid Reliability markup on H.R. 1960, the ‘‘National Defense Au- Conflicts Act of 2013: H.R. 271, to clarify that thorization Act for Fiscal Year 2014’’. The bill was compliance with an emergency order under section forwarded, without amendment.

VerDate Mar 15 2010 05:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MY3.REC D22MYPT1 jbell on DSK7SPTVN1PROD with DIGEST D490 CONGRESSIONAL RECORD — DAILY DIGEST May 22, 2013 MISCELLANEOUS MEASURE Solid Waste and Emergency Response, Environ- Committee on Armed Services: Subcommittee on mental Protection Agency; Thomas Duch, City Man- Seapower and Projection Forces held a markup on ager, Garfield, New Jersey; David M. Bearden, Spe- H.R. 1960, the ‘‘National Defense Authorization cialist in Environmental Policy, Congressional Re- Act for Fiscal Year 2014’’. The bill was forwarded, search Service; and David Trimble, Director, Natural without amendment. Resources and Environment, Government Account- ability Office. MISCELLANEOUS MEASURE Committee on Armed Services: Subcommittee on Mili- ANNUAL REPORT OF THE FINANCIAL tary Personnel held a markup on H.R. 1960, the STABILITY OVERSIGHT COUNCIL ‘‘National Defense Authorization Act for Fiscal Year 2014’’. The bill was forwarded, without amendment. Committee on Financial Services: Full Committee held a hearing entitled ‘‘The Annual Report of the Finan- EXAMINING THE REGULATORY AND cial Stability Oversight Council’’. Testimony was ENFORCEMENT ACTIONS OF THE EQUAL heard from Jacob Lew, Secretary, Department of the EMPLOYMENT OPPORTUNITY Treasury. COMMISSION Committee on Education and the Workforce: Sub- ARE LARGE FINANCIAL INSTITUTIONS committee on Workforce Protections held a hearing IMMUNE FROM FEDERAL PROSECUTION? entitled ‘‘Examining the Regulatory and Enforce- Committee on Financial Services: Subcommittee on ment Actions of the Equal Employment Opportunity Oversight and Investigations held a hearing entitled Commission’’. Testimony was heard from Jacqueline ‘‘Who Is Too Big to Fail: Are Large Financial Insti- A. Berrien, Chair, Equal Employment Opportunity tutions Immune from Federal Prosecution?’’. Testi- Commission. mony was heard from Mythili Raman, Acting Assist- EXAMINING SAMHSA’S ROLE IN ant Attorney General, Criminal Division, Depart- DELIVERING SERVICES TO THE SEVERELY ment of Justice. MENTALLY ILL Committee on Energy and Commerce: Subcommittee on MISCELLANEOUS MEASURE Oversight and Investigations held a hearing entitled Committee on Foreign Affairs: Full Committee held a ‘‘Examining SAMHSA’s Role in Delivering Services markup on H.R. 850, the ‘‘Nuclear Iran Prevention to the Severely Mentally Ill’’. Testimony was heard Act of 2013’’. The bill was ordered reported, as from Pamela S. Hyde, Administrator, Substance amended. Abuse and Mental Health Services Administration; and public witnesses. MIDDLE EAST AND NORTH AFRICA FY MISCELLANEOUS MEASURE 2014 BUDGET: PRIORITIES AND Committee on Energy and Commerce: Subcommittee on CHALLENGES Commerce, Manufacturing, and Trade began a mark- Committee on Foreign Affairs: Subcommittee on the up on H.R. 2052, the ‘‘Global Investment in Amer- Middle East and North Africa held a hearing enti- ican Jobs Act of 2013’’. tled ‘‘The Middle East and North Africa FY 2014 LEGISLATIVE MEASURES Budget: Priorities and Challenges’’. Testimony was heard from Beth Jones, Acting Assistant Secretary of Committee on Energy and Commerce: Subcommittee on State, Bureau of Near Eastern Affairs, Department of Environment and the Economy held a hearing enti- State; Alina L. Romanowski, Acting Assistant Ad- tled ‘‘Federal and State Partnership for Environ- ministrator, Bureau for the Middle East, U.S. Agen- mental Protection Act of 2013; the ‘‘Reducing Ex- cy for International Development. cessive Deadline Obligations Act of 2013;’’ and the ‘‘Federal Facility Accountability Act of 2013’’. Testi- ASSESSING THE THREAT TO THE mony was heard from Carolyn Hanson, Deputy Exec- utive Director, Environmental Council of the States; HOMELAND FROM AL QAEDA OPERATIONS Jeffery Steers, Director, Central Office Division of IN IRAN AND SYRIA Land Protection and Revitalization, Virginia Depart- Committee on Homeland Security: Subcommittee on ment of Environmental Quality; Dan Miller, Senior Counterterrorism and Intelligence held a hearing en- Assistant Attorney General, Natural Resources and titled ‘‘Assessing the Threat to the Homeland from Environment Section, Colorado Department of Law; al Qaeda Operations in Iran and Syria’’. Testimony Mathy Stanislaus, Assistant Administrator, Office of was heard from public witnesses.

VerDate Mar 15 2010 05:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MY3.REC D22MYPT1 jbell on DSK7SPTVN1PROD with DIGEST May 22, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D491 PROTECTING U.S. CITIZENS’ adopted. The rule provides that the bill, as amended, CONSTITUTIONAL RIGHTS DURING THE shall be considered as read. The rule waives all WAR ON TERROR points of order against provisions in the bill, as Committee on the Judiciary: Full Committee held a amended. The rule provides one motion to recommit hearing entitled ‘‘Protecting U.S. Citizens’ Constitu- with or without instructions. Section 2 of the rule tional Rights During the War on Terror’’. Testi- directs the Clerk to, in the engrossment of H.R. mony was heard from public witnesses. 1911, add the text of H.R. 1949 as passed by the House as a new matter at the end of H.R. 1911 and BORDER SECURITY, ECONOMIC make conforming modifications in the engrossment. OPPORTUNITY AND IMMIGRATION Section 3 of the rule provides that on any legislative MODERNIZATION ACT; AND day during the period from May 24, 2013, through IMMIGRATION REFORM AND CONTROL May 31, 2013: the Journal of the proceedings of the ACT OF 1986 previous day shall be considered as approved; and the Committee on the Judiciary: Full Committee held a Chair may at any time declare the House adjourned hearing on S. 744, the ‘‘Border Security, Economic to meet at a date and time to be announced by the Opportunity and Immigration Modernization Act’’; Chair in declaring the adjournment. Section 4 of the and the Immigration Reform and Control Act of rule provides that the Speaker may appoint Members 1986: Lessons Learned or Mistakes Repeated?’’. Tes- to perform the duties of the Chair for the duration timony was heard from public witnesses. of the period addressed by section 3 of the resolu- LEGISLATIVE MEASURES tion. Section 5 of the rule provides that the Com- mittee on Appropriations may, at any time before 6 Committee on Natural Resources: Subcommittee on En- p.m. on Wednesday, May 29, 2013, file privileged ergy and Mineral Resources held a hearing on the reports to accompany measures making appropria- following measures: H.R. 1964, the ‘‘National Petro- tions for the fiscal year ending September 30, 2014. leum Reserve Alaska Access Act’’; H.R. 1965, the Section 6 of the rule provides that the Committee ‘‘Federal Lands Jobs and Energy Security Act’’; H.R. on Agriculture may, at any time before 6 p.m. on 1394, the ‘‘Planning for American Energy Act of Wednesday, May 29, 2013, file a report to accom- 2013’’; H.R. 555, the ‘‘BLM Live Internet Auctions pany H.R. 1947. Testimony was heard from Chair- Act’’. Testimony was heard from Jamie Connell, man Kline, and Representatives George Miller (CA), BLM Acting Deputy Director, Department of the Davis (CA), Courtney, Rice, and Edwards. Interior; Dan Sullivan, Commissioner, Department of EXASCALE COMPUTING CHALLENGES AND Natural Resources, State of Alaska, Charlotte E. OPPORTUNITIES Brower, Mayor, North Slope Borough; and public witnesses. Committee on Science, Space, and Technology: Sub- committee on Energy held a hearing entitled IRS TARGETING AMERICANS FOR THEIR ‘‘Exascale Computing Challenges and Opportuni- POLITICAL BELIEFS ties’’. Testimony was heard from Roscoe Giles, Committee on Oversight and Government Reform: Full Chairman, Advanced Scientific Computing Advisory Committee held a hearing entitled ‘‘The IRS Tar- Committee; Rick Stevens, Associate Laboratory Di- geting Americans for Their Political Beliefs’’. Testi- rector for Computing, Environment and Life mony was heard from Neal S. Wolin, Deputy Sec- Sciences, Argonne National Laboratory; Dona retary, Department of the Treasury; J. Russell Crawford, Associate Director for Computation, Law- George, Treasury Inspector General for Tax Admin- rence Livermore National Laboratory; and a public istration; and a public witness. witness. SMARTER SOLUTIONS FOR STUDENTS ACT SAVING TAXPAYER DOLLARS: FREEZING Committee on Rules: Full Committee held a hearing on THE FEDERAL REAL ESTATE FOOTPRINT H.R. 1911, the ‘‘Smarter Solutions for Students Committee on Transportation and Infrastructure: Sub- Act’’. The Committee granted, by record vote of committee on Economic Development, Public Build- 7–2, a closed rule for H.R. 1911. The rule provides ings, and Emergency Management held a hearing en- one hour of debate equally divided and controlled by titled ‘‘Saving Taxpayer Dollars: Freezing the Federal the chair and ranking minority member of the Com- Real Estate Footprint’’. Testimony was heard from mittee on Education and the Workforce. The rule Dorothy Robyn, Commissioner, Public Buildings, waives all points of order against consideration of the Service, General Services Administration; E.J. Hol- bill. The rule provides that an amendment in the na- land, Jr., Assistant Secretary for Administration, De- ture of a substitute consisting of the text of Rules partment of Health and Human Services; Jeffery Committee Print 113–12 shall be considered as Orner, Chief Readiness Support Officer, Department

VerDate Mar 15 2010 05:17 May 23, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MY3.REC D22MYPT1 jbell on DSK7SPTVN1PROD with DIGEST D492 CONGRESSIONAL RECORD — DAILY DIGEST May 22, 2013 of Homeland Security; and William Borchardt, Exec- COMMITTEE MEETINGS FOR THURSDAY, utive Director for Operations, Nuclear Regulatory MAY 23, 2013 Commission. (Committee meetings are open unless otherwise indicated) PRESIDENT’S FISCAL YEAR 2014 BUDGET: Senate ADMINISTRATION PRIORITIES FOR THE Committee on Appropriations: Subcommittee on Agri- U.S. ENVIRONMENTAL PROTECTION culture, Rural Development, Food and Drug Administra- AGENCY tion, and Related Agencies, to hold hearings to examine Committee on Transportation and Infrastructure: Sub- proposed budget estimates for fiscal year 2014 for various committee on Water Resources and Environment agencies within the Department of Agriculture, 10 a.m., held a hearing entitled ‘‘The President’s Fiscal Year SD–124. Committee on Commerce, Science, and Transportation: to 2014 Budget: Administration Priorities for the U.S. hold hearings to examine the nomination of Penny Environmental Protection Agency’’. Testimony was Pritzker, of Illinois, to be Secretary of Commerce, 11 heard from Nancy Stoner, Acting Administrator, Of- a.m., SR–253. fice of Water, Environmental Protection Agency; and Committee on Energy and Natural Resources: to hold hear- Mathy Stanislaus, Assistant Administrator, Office of ings to examine the extraction of gas from shale, focusing Solid Waste and Emergency Response, Environ- on current practices within the industry and environ- mental Protection Agency. mental concerns to be addressed, 10 a.m., SH–216. Committee on Environment and Public Works: to hold hear- EXAMINATION OF VA’S SPECIAL ings to examine the nomination of Allison M. Macfarlane, of Maryland, to be a Member of the Nuclear Regulatory INITIATIVE TO PROCESS RATING CLAIMS Commission, 9 a.m., SD–406. PENDING OVER TWO YEARS Committee on Foreign Relations: to hold hearings to exam- Committee on Veterans’ Affairs: Full Committee held a ine United States-European Union economic relations, fo- hearing entitled ‘‘Expediting Claims or Exploiting cusing on crisis and opportunity, 10 a.m., SD–419. Statistics?’’ An Examination of VA’s Special Initia- Committee on Homeland Security and Governmental Affairs: Subcommittee on the Efficiency and Effectiveness of Fed- tive to Process Rating Claims Pending Over Two eral Programs and the Federal Workforce, to hold hear- Years. Testimony was heard from Allison A. Hickey, ings to examine improving Federal health care in rural Under Secretary for Benefits, Veterans Benefits Ad- America, focusing on developing the workforce and ministration, Department of Veterans Affairs; and building partnerships, 10 a.m., SD–342. public witnesses. Committee on the Judiciary: business meeting to consider the nominations of Patricia E. Campbell-Smith, of the ONGOING INTELLIGENCE ACTIVITIES District of Columbia, and Elaine D. Kaplan, of the Dis- trict of Columbia, both to be a Judge of the United House Permanent Select Committee on Intelligence: Full States Court of Federal Claims, and Charles R. Breyer, of Committee held a hearing entitled ‘‘Ongoing Intel- California, Rachel Elise Barkow, of New York, and Wil- ligence Activities.’’ This was a closed hearing. liam H. Pryor, Jr., of Alabama, all to be a Member of the United States Sentencing Commission, 10 a.m., ONGOING INTELLIGENCE ACTIVITIES SD–226. Full Committee, to hold hearings to examine the House Permanent Select Committee on Intelligence: Full nominations of Derek Anthony West, of California, to be Committee held a hearing entitled ‘‘Ongoing Intel- Associate Attorney General, Department of Justice, and ligence Activities.’’ This was a closed hearing. Valerie E. Caproni, of the District of Columbia, and Vernon S. Broderick, both to be a United States District Judge for the Southern District of New York, 10:30 a.m., Joint Meetings SD–226. Select Committee on Intelligence: to hold closed hearings to ECONOMIC OUTLOOK examine certain intelligence matters, 2:30 p.m., SH–219. Joint Economic Committee: Committee concluded a House hearing to examine the current economic outlook, Committee on Armed Services, Subcommittee on Tactical after receiving testimony from Ben S. Bernanke, Air and Land Forces, markup on H.R. 1960, the ‘‘Na- Chairman, Board of Governors of the Federal Reserve tional Defense Authorization Act for Fiscal Year 2014’’, System. 9 a.m., 2118 Rayburn. Subcommittee on Readiness, markup on H.R. 1960, the ‘‘National Defense Authorization Act for Fiscal Year 2014’’, 10:30 a.m., 2212 Rayburn.

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Committee on Energy and Commerce, Subcommittee on Committee on Natural Resources, Subcommittee on Water Health, hearing entitled ‘‘Examining Drug and Power, hearing on H.R. 255, to amend certain defi- Compounding’’, 10 a.m., 2322 Rayburn. nitions contained in the Provo River Project Transfer Act Subcommittee on Commerce, Manufacturing, and for purposes of clarifying certain property descriptions, Trade, markup on H.R. 2052, the ‘‘Global Investment in and for other purposes; H.R. 745, to reauthorize the American Jobs Act of 2013’’, 9 a.m., 2123 Rayburn. Water Desalination Act of 1996; and H.R. 1963, ‘‘Bu- Committee on Financial Services, Subcommittee on Capital reau of Reclamation Conduit Hydropower Development Markets and Government Sponsored Enterprises, hearing Equity and Jobs Act’’, 10 a.m., 1324 Longworth. on discussion drafts of the following legislation: H.R. Committee on Science, Space, and Technology, Subcommittee 1135, the ‘‘Burdensome Data Collection Act’’; H.R. on Environment, hearing entitled ‘‘Restoring U.S. Leader- 1105, the ‘‘Small Business Capital Access and Job Preser- ship in Weather Forecasting’’, 9:30 a.m., 2318 Rayburn. vation Act’’; and H.R. 1564, the ‘‘Audit Integrity and Committee on Small Business, Subcommittee on Con- Job Protection Act’’; and legislation regarding Section tracting and Workforce, hearing entitled ‘‘Building 913 of the Dodd-Frank Act, 9:30 a.m., 2128 Rayburn. America: Challenges for Small Construction Contractors’’, Committee on Foreign Affairs, Subcommittee on Western 10 a.m., 2360 Rayburn. Hemisphere, hearing entitled ‘‘U.S.-Mexico Security Co- Committee on Ways and Means, Subcommittee on Social operation: An Overview of the Merida Initiative Security, hearing on the President’s and Other Bipartisan 2008–Present’’, 10 a.m., 2172 Rayburn. Entitlements Reform Proposals, 9:30 a.m., B–318 Ray- Committee on the Judiciary, Subcommittee on The Con- burn. stitution and Civil Justice, hearing on H.R. 1797, the House Permanent Select Committee on Intelligence, Full ‘‘District of Columbia Pain-Capable Unborn Child Pro- Committee, hearing entitled ‘‘Ongoing Intelligence Ac- tection Act’’, 10 a.m., 2141 Rayburn. tivities’’, 8:30 a.m., HVC–304. This is a closed hearing.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 23 9 a.m., Thursday, May 23

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Complete consideration of H.R. morning business (not to extend beyond 10:30 a.m.), Sen- 3—Northern Route Approval Act. Consideration of H.R. ate will vote on the motion to invoke cloture on the 1911—Smarter Solutions for Students Act (Subject to a nomination of Srikanth Srinivasan, of Virginia, to be Rule). United States Circuit Judge for the District of Columbia Circuit. Following the vote on the motion to invoke cloture on the nomination of Srikanth Srinivasan, Senate will con- tinue consideration of S. 954, the Farm bill, with a vote on Sanders Amendment No. 965.

Extensions of Remarks, as inserted in this issue

HOUSE

Crawford, Eric A. ‘‘Rick’’, Ark., E719 Davis, Susan A., Calif., E719 Eshoo, Anna G., Calif., E719, E724 Garamendi, John, Calif., E719 Gingrey, Phil, Ga., E725 Keating, William R., Mass., E725 Perlmutter, Ed, Colo., E725 Poe, Ted, Tex., E725

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