S358 CONGRESSIONAL RECORD — SENATE January 29, 2013

S. 174. A bill to appropriately restrict sales S. 6 S. 150 of ammunition; to the Committee on the Ju- At the request of Mr. REID, the name At the request of Mrs. FEINSTEIN, the diciary. of the Senator from Rhode Island (Mr. names of the Senator from Minnesota By Mr. ROBERTS (for himself, Mr. REED) was added as a cosponsor of S. 6, (Mr. FRANKEN), the Senator from Ha- JOHANNS, Mr. GRASSLEY, Mr. THUNE, a bill to reauthorize the VOW to Hire waii (Ms. HIRONO) and the Senator from Mr. VITTER, Mr. BARRASSO, Mr. MORAN, Mr. BLUNT, Mr. ENZI, Mr. Heroes Act of 2011, to provide assist- Minnesota (Ms. KLOBUCHAR) were added INHOFE, and Mr. BOOZMAN): ance to small businesses owned by vet- as cosponsors of S. 150, a bill to regu- S. 175. A bill to amend the Federal Insecti- erans, to improve enforcement of em- late assault weapons, to ensure that cide, Fungicide, and Rodenticide Act to im- ployment and reemployment rights of the right to keep and bear arms is not prove the use of certain registered pes- members of the uniformed services, unlimited, and for other purposes. ticides; to the Committee on Agriculture, and for other purposes. S. 152 Nutrition, and Forestry. S. 46 By Mr. VITTER (for himself, Mr. COR- At the request of Ms. MURKOWSKI, the NYN, and Mr. SESSIONS): At the request of Mr. TOOMEY, the name of the Senator from Alaska (Mr. S. 176. A bill to reject the final 5-year names of the Senator from Oklahoma BEGICH) was added as a cosponsor of S. Outer Continental Shelf Oil and Gas Leasing (Mr. COBURN) and the Senator from 152, a bill to require the Secretary of Program for fiscal years 2013 through 2018 of Idaho (Mr. CRAPO) were added as co- the Air Force to retain the current the Administration and replace the plan sponsors of S. 46, a bill to protect So- leadership rank, aircraft, and core with a 5-year plan that is more in line with cial Security benefits and military pay functions of the 354th Fighter Wing and the energy and economic needs of the United and require that the United States the 18th Aggressor Squadron at Eielson States; to the Committee on Energy and Government prioritize all obligations Natural Resources. Air Force Base and to require reports By Mr. CRUZ (for himself, Mr. JOHNSON on the debt held by the public in the on proposed activities at such installa- of Wisconsin, Mr. VITTER, Mr. ROB- event that the debt limit is reached. tion. ERTS, Mr. GRASSLEY, Mr. CORNYN, Mr. S. 47 S. CON. RES. 4 PORTMAN, Mr. PAUL, Mr. RUBIO, Mr. At the request of Mr. LEAHY, the At the request of Mr. VITTER, the JOHANNS, Mr. WICKER, Mr. COBURN, names of the Senator from Kansas (Mr. names of the Senator from Indiana Mr. ISAKSON, Mr. BLUNT, Mr. CHAM- MORAN), the Senator from Indiana (Mr. OATS BLISS, Mr. BARRASSO, Mr. MCCON- (Mr. C ) and the Senator from DONNELLY), the Senator from Con- NELL, Mr. INHOFE, Mr. FLAKE, Mr. South Dakota (Mr. THUNE) were added URPHY COATS, Mr. BOOZMAN, Mr. RISCH, Mr. necticut (Mr. M ) and the Senator as cosponsors of S. Con. Res. 4, a con- BURR, Mr. COCHRAN, Mrs. FISCHER, from Virginia (Mr. KAINE) were added current resolution expressing the sense Ms. COLLINS, Mr. SCOTT, Mr. TOOMEY, as cosponsors of S. 47, a bill to reau- of Congress that a carbon tax is not in Mr. ALEXANDER, Mr. LEE, Mr. HATCH, thorize the Violence Against Women the economic interest of the United Ms. AYOTTE, Mr. MCCAIN, and Mr. Act of 1994. States. SESSIONS): S. 51 S. 177. A bill to repeal the Patient Protec- S. RES. 12 At the request of Mrs. BOXER, the tion and Affordable Care Act and the Health At the request of Mr. NELSON, the Care and Education Reconciliation Act of name of the Senator from Michigan name of the Senator from Hawaii (Ms. 2010 entirely; read the first time. (Ms. STABENOW) was added as a cospon- HIRONO) was added as a cosponsor of S. By Mr. SHELBY (for himself and Mr. sor of S. 51, a bill to reauthorize and Res. 12, a resolution recognizing the BOOZMAN): amend the National Fish and Wildlife third anniversary of the tragic earth- S.J. Res. 6. A joint resolution proposing an Foundation Establishment Act. quake in Haiti on January 12, 2010, hon- amendment to the Constitution of the S. 63 United States which requires (except during oring those who lost their lives in that At the request of Mrs. GILLIBRAND, time of war and subject to suspension by earthquake, and expressing continued Congress) that the total amount of money the name of the Senator from Rhode Is- solidarity with the people of Haiti. EED expended by the United States during any land (Mr. R ) was added as a cospon- S. RES. 13 sor of S. 63, a bill to require the Sec- fiscal year not exceed the amount of certain At the request of Mr. BROWN, the revenue received by the United States during retary of Commerce and the Secretary names of the Senator from Florida (Mr. such fiscal year and not exceed 20 percent of of Labor to establish the Made In NELSON) and the Senator from North the gross domestic product of the United America Incentive Grant Program, and Carolina (Mrs. HAGAN) were added as States during the previous calendar year; to for other purposes. the Committee on the Judiciary. cosponsors of S. Res. 13, a resolution S. 84 congratulating the members of Delta f At the request of Ms. MIKULSKI, the Sigma Theta Sorority, Inc. for 100 names of the Senator from Massachu- SUBMISSION OF CONCURRENT AND years of service to communities setts (Ms. WARREN), the Senator from SENATE RESOLUTIONS throughout the United States and the New Jersey (Mr. MENENDEZ) and the world, and commending Delta Sigma The following concurrent resolutions Senator from Connecticut (Mr. MUR- Theta Sorority, Inc. for its promotion and Senate resolutions were read, and PHY) were added as cosponsors of S. 84, of sisterhood, scholarship, and service. referred (or acted upon), as indicated: a bill to amend the Fair Labor Stand- At the request of Mr. PORTMAN, his By Mr. REID: ards Act of 1938 to provide more effec- name was added as a cosponsor of S. S. Res. 20. A resolution designating Chair- tive remedies to victims of discrimina- Res. 13, supra. man of the Senate Committee on Foreign tion in the payment of wages on the f Relations; considered and agreed to. basis of sex, and for other purposes. f S. 135 STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS ADDITIONAL COSPONSORS At the request of Mr. VITTER, the name of the Senator from Missouri By Mr. HARKIN (for himself, Mr. S. 2 (Mr. BLUNT) was added as a cosponsor LEAHY, Mrs. BOXER, Mrs. MUR- At the request of Mr. REID, the name of S. 135, a bill to amend title X of the RAY, Mr. LAUTENBERG, Mr. of the Senator from Vermont (Mr. Public Health Service Act to prohibit BROWN, Mr. BLUMENTHAL, and LEAHY) was added as a cosponsor of S. family planning grants from being Mrs. GILLIBRAND): 2, a bill to reduce violence and protect awarded to any entity that performs S. 168. A bill to amend the Fair Labor the citizens of the United States. abortions, and for other purposes. Standards Act of 1938 to prohibit dis- S. 5 S. 137 crimination in the payment of wages At the request of Mr. REID, the At the request of Mr. VITTER, the on account of sex, race, or national ori- names of the Senator from North Da- name of the Senator from Kansas (Mr. gin, and for other purposes; to the kota (Ms. HEITKAMP) and the Senator ROBERTS) was added as a cosponsor of Committee on Health, Education, from Vermont (Mr. LEAHY) were added S. 137, a bill to amend the Public Labor, and Pensions. as cosponsors of S. 5, a bill to reauthor- Health Service Act to prohibit certain Mr. HARKIN. Madam President, on ize the Violence Against Women Act of abortion-related discrimination in gov- January 29, 2009, President Obama 1994. ernmental activities. signed the Lilly Ledbetter Fair Pay

VerDate Mar 15 2010 03:19 Feb 01, 2013 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S29JA3.REC S29JA3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 29, 2013 CONGRESSIONAL RECORD — SENATE S359 Act. It was a proud day and I was there more than 4 of 10 families with chil- amendments and then let’s vote to pass for that. A critical law, the first legis- dren, a woman is the majority or sole the bill. I hope the changes in the rules lation signed into law by President breadwinner. last week will enable us to do so. Obama after his first election, reversed That means in today’s economy, As I said, the Lilly Ledbetter bill was the outrageous Supreme Court decision when a mother earns less than her a first step. The Paycheck Fairness Act in Ledbetter v Goodyear and made male colleagues, her family must sac- will start to close some of the loop- clear that a worker such as Lilly rifice basic necessities, as well as face holes and make sure the penalties will Ledbetter, who does not learn of her greater difficulty for these kids to save be enforced. But there is one more step pay inequities for years, still had re- for college, afford a home, live the which needs to be taken, and I think it course to challenge her wage discrimi- American dream. The lifetime of earn- is the most critical one of all—equal nation. ing losses all women face, including pay, yes. We have had that since 1963; Today we celebrate the anniversary those who are without children or that is, women and men doing the same of the enactment of this important whose children are grown, affects not job. The Lilly Ledbetter Act allows us law, but at the same time we must rec- only their well-being during their to go back and get the back wages that ognize it was only a first step. We need working lives, as I said earlier, but it were due, but that is sort of after the to do much more to ensure that all affects their ability to save and have a fact. workers in our society are paid fairly decent retirement. The Paycheck Fairness Act will for their work and are not short- The evidence shows that discrimina- make sure we have penalties and en- changed because of the their gender, tion accounts for much of the pay gap. forceability. However, there is one race or other personal characteristic. In fact, according to one study, when other huge, glaring discrimination that That is why, 4 years after enactment of we look at all the reasons there is a is ongoing in our society today against the Lilly Ledbetter Fair Pay Act, I am wage gap—we have race, 2.4 percent; 3.5 women; that is, as a nation we unjustly proud to introduce once again the Fair percent union status; labor force expe- devalue jobs traditionally performed Pay Act, a bill I have introduced in rience; industry category; occupational by women even when they require com- every Congress since 1996. category—41 percent unexplained. They parable skills to the jobs traditionally Let me give some background. In cannot explain why it is. The fact is, performed by men. 1963, Congress enacted the Equal Pay that is because of discrimination. It is Today millions of what we call fe- Act to end unfair discrimination because our laws have not done enough male-dominated jobs, such as social against women in the workplace. At to prevent this discrimination from oc- workers, teachers, childcare workers, that time, 25 million female workers curring. That is why the Lilly nurses, those who care for our elderly earned just 60 percent of the average Ledbetter Fair Pay Act was a critical in assisted living care or in nursing pay for men. While we have made first step. That is why it is important homes—most of these jobs are equiva- progress toward the goal of true pay to pass the Paycheck Fairness Act. lent in skills and working conditions to equity fully a half century later, too That bill was introduced last week by male-dominated jobs, but the female- many women still do not get paid what Senator MIKULSKI. I am proud to be an dominated jobs pay significantly less. men do for the same or nearly the same original cosponsor. She has always This is unfair and unjust discrimina- work. Let’s be clear about this. The championed that. What that does is tion. Equal Pay Act of 1963 has to do with start to close a lot of the loopholes and Why is a housekeeper worth less than women doing the same jobs as men. barriers to effective enforcement in our a janitor? Why is a maid worth less But still, on average, as we know, for existing law to close that 41 percent than a janitor? Eighty-nine percent of every $1 a full-time male worker earns, unexplained gap. We need to strength- maids are female; 67 percent of janitors a woman earns just 77 cents. So we en penalties and give women the tools are male. While the jobs are equivalent have gone from 60 cents, in all those 60 they need to confront discrimination. in skills, effort, responsibility, and years, to 77 cents for every $1 a man It is outrageous that the Senate has working conditions, the median weekly makes. not yet passed the Paycheck Fairness earnings for a maid are $387 and for a What does that translate into? You Act. In the last two Congresses this bill janitor it is $463. Computer-support might say, OK, 7 cents is that a big got more than a majority of support. In workers—a job that is 72 percent deal? Yes, it is. Over a lifetime of work 2010 58 United States Senators, a large male—have median weekly earnings of it means an average of $400,000 that a majority, voted to pass this legislation. $949. In contrast, secretaries and ad- woman loses because of the unequal If we had 58 votes, why didn’t we get it? ministrative assistants, which is 96 pay practices. Because of Republican obstructionism, percent female, have median weekly I will say that again later on, but we could not even proceed to debate earnings of $659. Why do we value that $400,000 is not just the pay she the bill. This was a filibuster on a mo- someone who helps with computers loses during her lifetime. Think about tion to proceed to the bill. We got 58 more than someone who makes the en- the retirement benefits that woman votes, but we could not even debate it. tire office function? That is not to say loses because she has been underpaid Since we just went through a recent the men are overpaid, it is just to say all those years. That is why we have a debate on rules reform, I want the that jobs we have long considered in system in America, when a woman re- American people to understand this. our country as ‘‘women’s work’’ or tires, a man retires, they had the same The Republicans, the minority party ‘‘women’s jobs’’ are grossly underpaid. kind of work, a man gets a lot more re- has continuously prevented the Senate Now to address this more subtle, tirement than a woman because they from even considering the issue of un- deep-rooted discrimination, today I in- paid in more because they were paid equal wages and gender discrimination. troduced the Fair Pay Act. As I said, more during their lifetime. Millions of women and their families this is a bill I have introduced—along This system is wrong, it is unjust, are concerned about the fact that they with Congresswoman NORTON—every and it threatens the economic security get paid less than their male col- year since 1996. The bill will ensure of our families. The fact is millions of leagues. It is unfair; it is unjust. Never- that employers provide equal pay for American families are dependent on a theless, repeatedly, the Republicans jobs that are equivalent in skill, effort, woman’s paycheck just to get by, to have filibustered even debating the responsibility, and working conditions. put food on the table, to pay for issue. People have asked: How do we do childcare, to deal with rising health Just last week we had a vote in the that? Well, we have some history. In care costs. Senate to change the rules. We made 1982 the State of Minnesota imple- In today’s economy, few families some modifications of the rules. I truly mented a pay equity plan for its State, have a stay-at-home mother. In fact, 71 hope those modifications which were and I think, also, municipal employees. percent of mothers are in the labor made will now enable us to get over The State found that women were seg- force. They are a major contributor to this hurdle so we can bring up the Pay- regated into historically female-domi- their familie’s income. Two-thirds of check Fairness Act and debate it. If nated jobs and that women’s jobs paid mothers bring home at least one-quar- they want to offer amendments, that is 20 percent less than male-dominated ter of their familie’s earnings and in fine, but let’s debate it. Let’s have jobs. Pay equity wage adjustments

VerDate Mar 15 2010 03:19 Feb 01, 2013 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S29JA3.REC S29JA3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S360 CONGRESSIONAL RECORD — SENATE January 29, 2013 were phased in over 4 years, leading to tics readily available, this process one of us deserves total credit for this an average pay increase of $200 per could be avoided. In fact, I remember bill. Together, we have crafted one of month for women in female-dominated when Lilly Ledbetter first testified be- the first bipartisan immigration bills jobs. fore our committee—the committee I in this Congress, one that is designed In 1983, in my home State of Iowa, now chair and the committee on which to address the shortage of high-skilled the Iowa Legislature—a Republican the distinguished occupant of the chair labor we face in this country. This legislature and a Republican Governor, is proud to serve. shortage has reached a crisis level. For I might add—passed a bill stipulating I had provided Lilly Ledbetter infor- too long, our country has been unable that the State shall not discriminate mation on the Fair Pay Act—the one I to meet the ever-increasing demand for in compensation between predomi- am talking about. I asked her if the workers trained in science, technology, nately male and female jobs deemed to Fair Pay Act had been law, would it engineering, and mathematics—or be of comparable worth. That was in have averted her wage discrimination STEM—fields. As a result, some of our 1983. I am proud of Iowa. I just want to case. She made it very clear that had Nation’s top technology markets, such say this was passed by a Republican she had the information about pay as Silicon Valley, Seattle, Boston, New legislature and signed by a Republican scales, which our bill provides, this York, and Salt Lake City, are in des- Governor. would have given her the information perate need for qualified STEM work- Toward that end, the State engaged a she needed to insist on being paid a fair ers. professional accounting firm to evalu- salary from the beginning rather than It is critical that we not only recog- ate the value of 800 job classifications having to resort to litigation years nize this shortage of high-skilled work- in State government. The final rec- after the discrimination began. ers but also understand why it exists. ommendations, which were made in Four years after President Obama Increasingly, enrollment in U.S. uni- April of 1984, proposed that 10,751 em- signed the Lilly Ledbetter Fair Pay versities in the STEM fields comes ployees should be given a pay increase. Act, let’s make sure what happened to from foreign students, and despite our After being implemented in March 1985, Lilly never happens again by recom- urgent need for workers in these fields, female employees’ pay had increased at mitting ourselves to eliminating dis- we continue to send these foreign stu- that time by about 1.5 percent. Think crimination in the workplace and mak- dents—potential high-skilled workers of what that means from 1985 to now ing equal pay for equivalent work a re- trained at American universities—back and how much more those women are ality. to their home countries after gradua- paid over all those years. This can be I have introduced this bill in every tion. done as well for the women in this Congress since 1996. We get focused on Recently I was in a meeting with sev- country who are currently being paid Lilly Ledbetter, and that is important. eral leaders in the technology industry less, not because of their skills or edu- We are focused on paycheck fairness as where it was mentioned that between cation but simply because they are in well. Let’s think about the millions of 2010 and 2020, the American economy undervalued ‘‘female jobs.’’ Making American women out there who are in will annually create more than 120,000 sure they receive their real worth will these traditional women’s jobs which additional computer science jobs that make a real difference for them and require the skill, effort, responsibility, will require at least a bachelor’s de- the family who rely on their wages. and working conditions that are simi- gree, and that is just mentioning one Again, many of these jobs are jobs lar to a man and yet they are grossly aspect of this. This is great news for that we don’t know what we would do underpaid. many of our computer science stu- without them. Have you ever visited If Minnesota and Iowa—and there dents. Unfortunately, that is the end of someone in your family who was in a may be some other States I don’t know the good news. Each year only about nursing home? Who is taking care of about; I just know about those two. If 40,000 American students received those people? Women. If we take some- they can do it—and they did this in the bachelor’s degrees in computer science. one who is in a situation like that, 1980s for State employees as well as In other words, there are approxi- they have to lift and move heavy peo- municipal employees in Minnesota— mately 80,000 new computer science po- ple. They have to be strong, and they surely we can do this nationwide. If we sitions every year in the United States care for people. Then we look at truck- really want to stop the discrimination that cannot be filled by the available drivers. Most truckdrivers are men. in pay in this country between women American workforce. I might add that Truckdrivers have power steering and and men, the Fair Pay Act is the one these are positions which need to be power brakes. A person doesn’t have to that will do it. filled so that our technology industry be strong to drive a truck. They are I am going to continue to push for can continue to thrive. Simply put, making a lot more money than that this as long as I am here. Hopefully, we U.S.-based companies have a great need woman who is working in a nursing can have some hearings on it again, for those trained in the science, tech- home and taking care of our grand- which I will, and hopefully we can nology, engineering, and mathematics parents. Why? Skills, effort, responsi- begin to move on it. field, but at least right now, there are bility, and working conditions are not enough Americans trained and about the same. By Mr. HATCH (for himself, Ms. ready to fill these jobs. What my bill would do would be very KLOBUCHAR, Mr. RUBIO, Mr. We cannot continue to simply hope simple. It would require employers to COONS, Mr. FLAKE, Mrs. SHA- American companies do not move oper- publicly disclose their job categories HEEN, Mr. HELLER, Mr. ations to countries where they have and their pay scales. Got it? Employers BLUMENTHAL, Mr. HOEVEN, Mr. greater access to individuals trained in would publicly disclose their job cat- WARNER, Mr. NELSON, and Mr. these STEM fields. We cannot continue egories and pay scales without requir- SCHATZ): to ignore this problem; it is that sim- ing specific information on individual S. 169. A bill to amend the Immigra- ple. Continued inaction causes us to employees. I am not asking anyone to tion and Nationality Act to authorize miss out on an important opportunity, say what they are paying an individual additional visas for well-educated especially since, as the American En- employee. We just want to know job aliens to live and work in the United terprise Institute has confirmed, 100 categories and pay scales. If we give States, and for other purposes; to the foreign-born workers with STEM de- women information about what their Committee on the Judiciary. grees create an average of 262 addi- male colleagues are earning, they can Mr. HATCH. Mr. President, I rise tional jobs for native-born workers. insist on a better deal for themselves today to introduce the Immigration In- Those countries would love to have in the workplace. novation—or I-Squared—Act of 2013. I their American-educated Ph.D.s and Right now women who believe they am pleased to be joined by my col- other highly educated individuals re- are the victim of pay discrimination leagues Senator AMY KLOBUCHAR, Sen- turn and boost their economy—not must file a lawsuit and endure a drawn- ator MARCO RUBIO, and Senator CHRIS only from their acquired skills but also out legal discovery process to find out COONS, without whom this bill would by creating these new jobs as well. An whether they make less than the man not have materialized. All four of us updated, high-skilled immigration sys- working beside them. With pay statis- worked very closely together, and each tem is directly tied to creating jobs

VerDate Mar 15 2010 03:19 Feb 01, 2013 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S29JA3.REC S29JA3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 29, 2013 CONGRESSIONAL RECORD — SENATE S361 and spurring growth across all sectors founded by immigrants, and over 200 America, and it really does not work of our economy. We cannot afford any were founded by immigrants or their for the 21st century. further inaction on this issue. children, including Medtronic and 3M Let me be clear about one thing: I The I-Squared Act of 2013 addresses in my home State. This has meant an support family-based immigration. the immediate short-term need to pro- extraordinary number of good Amer- That is how my parents came to this vide American employers with greater ican jobs, and we want more. We want country. I don’t want us to do anything access to high-skilled workers while the next pacemaker or Post-it note, that undermines it. I also know that in also addressing the long-term need to which were invented in my State, to be the 21st century, we can no longer af- invest in America’s STEM education. I invented again in the United States of ford to have an immigration system am confident that this two-step ap- America. where literally less than 10 percent of proach will enable our country to I want to quickly lay out the four the people who come here do so based thrive and help us compete in today’s areas of reform that are included in the on the skills they bring to this coun- global economy. I-squared bill. try. I mentioned my three prime cospon- First of all, we reformed the H–1B Think about this for a moment: If I sors on this bill, each one of whom de- visa system to meet the needs of a said to my colleagues that the NBA serves credit for this bill, each one of growing science, engineering, tech, and should be a collection of the best bas- whom has been a pleasure to work medical community and to help the ketball players in the world, who would with, each one of whom adds a great workers who form the backbone of disagree with that? If I said Major deal to getting this bill passed. I per- those businesses. League Baseball should be a collection sonally thank the Senators for working Second, we make changes to student of the best baseball players in the with me on this issue and allowing me visas to encourage students who get de- world, who would disagree with that? the privilege of working with them on grees here to stay in this country so we How, then, can we disagree about that this issue. don’t just say: Hey, go back to India or when it comes to our economy? How Let me turn some time over to Sen- China or some other country and start can we disagree that we should want ator KLOBUCHAR, who, along with Sen- the next Google over there. We want the smartest, hardest working, most ators COONS and RUBIO, has been a them to start it here. talented people on this planet to come prime mover on this piece of legisla- Third, we improve the green card sys- here? I, for one, have no fear our coun- tion. tem. try is going to be overrun by Ph.Ds. I The PRESIDING OFFICER. The Sen- Finally, and one of the most impor- have no fear this country is going to be ator from Minnesota. tant aspects of this bill, we actually overrun by nuclear physicists and in- Ms. KLOBUCHAR. Mr. President, I change the visa funding structure so ventors and entrepreneurs. We have to wish to thank Senator RUBIO and Sen- that companies that bring in these create a system where that can happen ator COONS. I also thank the Senator high-tech and science and engineering in a rational, organized, and legal way. from Utah for his incredible leadership. immigrant workers will also be spend- That is what we are attempting to do We have worked as a team. I think that ing some money on funding all of the because that is not what we have right is what this is, a team—team America. education efforts we need to do in this now in the United States. We must be a country that makes stuff country for science, engineering, tech- What we have, in fact, is a system— again, invents things, and exports to nology, and math, the STEM education and Senator HATCH has discussed this. the world. In order to do that, we need that is going on in this country. Even It was startling when I heard this. the world’s talent, and that is what by a conservative estimate, that would Yearly, our Nation has a demand for this bill is about. be $300 million a year and something 120,000 computer science engineers, but As everyone can see by looking at like $3 billion in 10 years. That is real our universities only produce 40,000 the four of us here on the Senate floor, change, and it can change the system. people a year. This is an indictment of it is something on which both parties I am very appreciative of the work of our educational system. We need to fix can agree. In order to get this done and my colleagues. I know Senator RUBIO, that. We need to get to a point in this get comprehensive immigration reform who has shown great leadership on this country where we have 120,000 people done, we must work in a bipartisan issue, is next and will talk about the graduating to meet the demand. But in manner. I support the comprehensive H–1B and student visa reforms. I thank the short term—right now—we have to immigration principles that were out- Senator HATCH and Senator COONS for deal with the fact that if those 80,000 lined yesterday for reform and look their leadership on this issue. We are graduates for those jobs are not cre- forward to working with my colleagues very excited about moving ahead on ated here, those jobs are still going to on the Judiciary Committee to get this this bill. exist; they are just not going to exist done. The PRESIDING OFFICER. The Sen- here. Those companies are not going to The I-squared bill is about encour- ator from Florida. wait for us to produce more graduates. aging engineers, inventors, innovators, Mr. RUBIO. I thank the Senator. These countries are not going to wait and entrepreneurs to work here in this Mr. President, there has been a lot in for us to fix our immigration system. country and discouraging companies the news over the last 24 hours about They have a business to run. If they from contracting out with people in immigration as an issue that confronts can’t find the people they need to fill other countries. I cannot say how our country. I wanted to put this in the these jobs, they will send those jobs to many Minnesota companies—small context of that and then talk specifi- another country. companies—have told me that they cally about the details that are within What that means in practical terms could not bring someone over because this. is these high-paying jobs in these in- of the caps and they contracted with First of all, in the context of immi- dustries will be paying the taxes in that person in another country. Well, gration reform, there are things I some other country, will be stimu- guess what. That person then hired as- think the vast majority of Americans lating the economy in some other sistants and other people to work with would agree. One is this: We have a country, will be laying down roots in them, but in one case they hired legal immigration system that is not some other nation. Do people want to French people instead of hiring Ameri- working for the country. I think that know why one of the reasons America cans. despite the debate which exists about is special? Because for over 200 years In fact, a recent study headed by illegal immigration and how to deal we have been a collection of the world’s Mayor Bloomberg of New York, Mayor with that reality—and that is a real de- best and brightest, a magnet that at- Castro of San Antonio, Mayor Nutter bate that needs to happen—one of the tracts people here. Now we have an im- of Philadelphia, and others showed things everyone agrees on is that legal migration system that in the 21st cen- that every H–1B visa creates 1.8 Amer- immigration is good for this country. tury is making that very difficult to ican jobs. Those are jobs in Hawaii and It is an important part of our history achieve. That is what this effort does. those are jobs in Minnesota. and critical part of our future. The The other concern I have heard is Take a look at the Fortune 500 com- legal immigration system we have in what about the folks in this country panies. Ninety of those companies were place right now does not work for now. This is a legitimate concern.

VerDate Mar 15 2010 03:19 Feb 01, 2013 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S29JA3.REC S29JA3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S362 CONGRESSIONAL RECORD — SENATE January 29, 2013 When people raise it, I don’t get upset legislation and other legislation we are prehensive immigration reform and because it is a very legitimate concern: focused on about how to create jobs embraces this vital core premise. I also The kids who are born here and raised and how to drive our economy forward. welcome President Obama’s contribu- here and go into these industries, will I am grateful for the leadership of Sen- tions to this discussion and look for- they be hurt? As we have seen, the need ator HATCH and Senator KLOBUCHAR as ward to hearing what he has to say far exceeds what we are producing, so well as for their companionship as we today in Las Vegas. that is not an immediate concern. But serve together on the Judiciary Com- There is, indeed, broad bipartisan here is the other, and that is the star- mittee and as the four of us this day agreement that it is long past time to tling figure that was used earlier; that introduce this bill of which we are so reform our immigration system to for every 100 foreign-born STEM work- proud, the Immigration Innovation Act make room for foreign-born, American- ers, we are creating 260-some-odd jobs. of 2013. educated experts who want to apply It is indisputable that these jobs create For decades, the United States en- their skills, start businesses, and raise jobs for people right down the line in joyed the commanding advantage of their families here. At the same time, this process. If someone is an entre- being home to all the world’s top uni- we have to dramatically improve preneur who is an immigrant, they cre- versities, particularly in science and STEM education available to American ate jobs for all kinds of people, and technology, engineering and math, and citizens to fill this dramatic gap in most of them were born here. If some- the so-called STEM fields; and we were these fields. As Senator HATCH said one creates some new technology or de- the best place for the graduates of just a few minutes ago, if we take the velops it, they create jobs and opportu- those universities and their advanced example of computer science, by 2020, nities for people who work here, live science programs to stay and launch a the U.S. economy will need 120,000 men here, and were born here. This is a net new business. and women to fill these jobs. Yet just positive for our economy. That is why But today that field has changed. Our 40,000 graduates with degrees in com- this issue is so critical to be con- competitors are vying to provide more puter science will be Americans. How fronted. supportive environments for to fill that gap? By the way, as we talk about meet- innovators, inventions, and startup The bipartisan legislation we intro- ing the demand with our entire immi- companies. There has been a sea duce today tackles both sides of this gration system, we can’t modernize change in the field of opportunity back problem, by reforming our outdated America’s legal immigration system if home for those foreign nationals who, immigration system to allow highly we don’t have a way to get the world’s in increasing numbers, are educated in skilled engineers and researchers to best and brightest to come here in a the United States and whom we then stay, rather than leaving and taking way that is expedient and in a way that force to return to their nation of ori- their jobs and future opportunities is cost-effective, in a way that is safe, gin. with them and by funneling the hun- and in a way that is legal. That is what Even though many of the most tal- dreds of millions of dollars in fees these experts pay for their green cards we are attempting to do. ented young people from around the This bill is not in competition with globe still pour into the United States back into improving U.S.-based STEM any other effort; it compliments it. In to obtain their master’s or doctoral de- education. It is a win-win. The Immigration Innovation Act of fact, it is an indispensable part of it. grees in STEM, now more than ever 2013 will open the door, will recapture We cannot comprehensively reform they are not just tempted to take their unused green cards, and will move America’s legal immigration system if education home with them and start away from the outdated model of coun- it does not include VISA provisions for businesses elsewhere, but they are at- try caps and overall caps to better graduates in science, technology, engi- tracted by their home countries and compete with countries such as our neering, and math. forced by our outdated immigration neighbors to the north in Canada where My final point: It makes no sense to system. What an unwise way to com- these caps don’t exist, and where invite people to come to the United pete in the global economy. Our out- Microsoft is eager to open a new mas- States, to study at our universities, to dated immigration system hasn’t sive development facility at our ex- become the best and brightest in the adapted to the modern world. Half of all master’s and doctoral de- pense and loss. world at their subject matter, and then One of the most important parts of grees in STEM fields at American uni- ask them to leave. Think about that this legislation, as I mentioned, is that versities are today earned by foreign- for a moment. We tell people: Come to we are using fees from these newly ex- America. We are going to let you go to born students who then face an uncer- panded H–1B visas and green cards to our best schools and teach you every- tain, expensive, and unwieldy path to fund State initiatives on STEM. This thing we know and then we want you pursuing their dreams in the United will keep America at the cutting edge to go somewhere else and use the States. Our country is hemorrhaging of science and technology and fuel eco- knowledge you gained here. That is innovations and the inventors who nomic growth for this country and gen- crazy. That is not just nonsensical, it make them and the jobs that come erations to come. is crazy. We can’t keep doing that. with them because America’s immigra- While each of the coauthors of this Hopefully, we will begin to change it tion laws have failed to keep up with legislation have made substantial con- now. the demands of the modern age. We tributions, I am especially grateful to It has been a pleasure to work with cannot afford to keep educating the Senator HATCH of Utah for his leader- all the folks involved with this effort. world’s brightest students at our lead- ship. The leadership of Senator HATCH has ing universities which, I will remind I yield to the Senator from Utah to been extraordinary, as well as that of my colleagues, are subsidized by U.S. tell us a little bit more about this leg- Senator KLOBUCHAR. We have a good tax dollars and American charitable islation. group working together. Our final col- giving, and then tell them they cannot The PRESIDING OFFICER. The Sen- league who has been a part of this, and repay those investments by contrib- ator from Utah. an indispensable one, who has also uting to the U.S. workforce. It is both Mr. HATCH. Mr. President, I wish to worked in the context of another piece bad policy and bad business. thank Senator COONS, Senator KLO- of legislation which we are hopeful to That is why I have been working on BUCHAR, and Senator RUBIO. As my col- get moving soon—startup 2.0—which is this issue since I arrived in the Senate, leagues can see, it is a real pleasure to an issue for another day, we are obvi- introducing three bills and calling for work with these three partners and ously interested in hearing from Sen- the creation of a new class of green others as well. I particularly wish to ator COONS from Delaware about this card for immigrants who have earned thank each of my colleagues for the issue. an advanced STEM degree from Amer- helpful overview they have given on The PRESIDING OFFICER. The Sen- ican universities. this bill. It has been a real pleasure for ator from Delaware. I was especially glad to see the bipar- me to work with these three very inno- Mr. COONS. Mr. President, I greatly tisan framework released yesterday by vative leaders in the Senate. appreciate the opportunity to work Senators McCain, Schumer, Rubio, and As a number of my colleagues have with the Senator from Florida on this others, which moves us toward com- mentioned, by eliminating per-country

VerDate Mar 15 2010 03:19 Feb 01, 2013 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S29JA3.REC S29JA3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 29, 2013 CONGRESSIONAL RECORD — SENATE S363 limits for employment-based green skilled immigration system is consid- can do it in baseball, in basketball, and cards, recapturing lost employment- ered by this body in the immediate fu- I would add, I say to Senator RUBIO, based immigrant visas, exempting cer- ture. I would surely like to hear a little hockey, we can do it in engineering, tain classes of immigrants from the an- bit more from Senator KLOBUCHAR, if science, technology, and math. nual green card limit, and creating a she would care to make some addi- I thank my colleagues and turn it new and sustainable funding stream to tional points. I don’t mean to take all over to Senator RUBIO. enhance the U.S. STEM education pipe- the time. The PRESIDING OFFICER. The Sen- line, we will help America’s innovative The PRESIDING OFFICER. The Sen- ator from Florida. industries recruit and retain high- ator from Minnesota. Mr. RUBIO. Mr. President, let the skilled talent to more effectively com- Ms. KLOBUCHAR. Mr. President, I RECORD reflect I did not mean to offend pete in today’s global marketplace, and thank the Senator for his kind words. I hockey fans. On the contrary, we have it will make us more competitive. wanted to actually follow up a little two hockey teams, the Florida Pan- We have heard from many industry bit with Senator RUBIO’s analogy on thers and the Lightning in the Tampa stakeholders that support the I- the teams and the sports because I did Bay area, which actually has won the Squared Act of 2013. To date, we have note he mentioned basketball and base- Stanley Cup before, and the Florida received letters of support from the fol- ball but not hockey. As my colleagues Panthers were in the playoffs last year. lowing organizations that support this know, Minnesota is a State of hockey. So we like hockey too. We cannot play bill: Microsoft, Oracle, Intel, IBM, In fact, we are very happy the NHL is it outdoors in Florida. But in any Hewlett-Packard Company, Facebook, back playing again and that our team event, I think the point is well taken Texas Instruments, Qualcomm, U.S. The Wild is playing. I actually looked that we do want the best and brightest. Chamber of Commerce, the National at some of the numbers similar to what The one point I wish to make is the Association of Manufacturers, BSA The Senator RUBIO was talking about and, one point I have picked up on, on the Software Alliance, Compete America, in fact, a significant number of our immigration issue, in general, over the the Semiconductor Industry Associa- players on our professional hockey last 24 to 48 hours; that is, how impor- tion, TechNet, the Technology Associa- team come from other countries. As tant it is that accurate information tion of America, the Consumer Elec- my colleagues know, there are a lot of reach the American people about what tronics Association, the Software and Canadian hockey players and players it is we are working on and what it is Information Industry Association, the from all over the world in all these we are not working on. Internet Association, the Computer sports. Immigration is a complicated issue. and Communications Industry Associa- You wonder: Why is that? With all We hear a lot of discussion about immi- tion, the Information Technology In- the talk about immigration backlogs gration. I will have more to say about dustry Council, the Information Tech- and the visa shortages, you wonder how it later today. But immigration is a nology and Innovation Foundation, all these great athletes are contrib- complicated process. The one we have TechServe Alliance, the Association uting to our teams. The answer is, now is complicated. It is important for for Competitive Technology, the Tele- people to understand what it is we are communications Industry Association, there is no cap on visas for athletes. trying to do and what it is not. I think CTIA—The Wireless Association, Sabre Again, there is no limit on how many that is true for the entire issue of im- Holdings, the Council of Chief State athletes can come over and play on our migration but particularly important School Officers, and just to mention sports teams. As a result, athletes from for this one. one other, Immigration Voice. across the globe can compete here, and Mr. President, working with Sen- we have the best sports leagues in the To that end, I guess I wish to issue a public challenge to the companies that ators KLOBUCHAR, RUBIO, and COONS, I world. have to say is a real privilege for me. Why shouldn’t we apply the same in the past have gotten engaged in the These are three very fine additions to principles to engineering, to innova- public discourse and in the public de- the Senate. In the case of Senator KLO- tion, to science, to medical develop- bate on issues that involve the issues BUCHAR and Senator COONS, they are ment? That is what we should be doing. of technology. two respected members of the Senate In this bill, we do have some caps. But Just a few months ago—and it is a Judiciary Committee and Senator we are raising those caps because we sore spot in some places, I imagine—we RUBIO, in my view, is one of the most think it is time to compete with the had this issue of SOPA and PIPA and knowledgeable Senators we have on rest of the world. all these other things that were going immigration policy and, as we can see, Immigrants have always played a to impact the freedom of the Internet a terrific leader in so many other ways. crucial role in these disciplines in the and the freedom of communicating on- We send a strong message that both United States. In fact—and this was an line, and a lot of groups got involved to sides of the aisle can come together to interesting statistic we got—of the speak about that and to try to clear up craft bipartisan legislation to address U.S. Nobel Prize winners, 30 percent of the record about what they were for one of our country’s most urgent eco- them, I say to Senator HATCH, have and what they were against. nomic needs. been immigrants—30 percent of them. I hope they will do the same thing on Yesterday, eight of our colleagues One of those was Mario Capecchi. He this. I hope they will use the platforms unveiled a framework to overhaul our was born in Italy in 1937. His mother on this to openly discuss what this is Nation’s immigration system. I am survived a Nazi concentration camp about. proud of them. I commend them for and was eventually able to bring him I guess this is a challenge to the their willingness to work in a bipar- to the United States. In 2007, he won Facebooks and the Googles and the tisan way to reform our immigration the Nobel Prize in medicine for his Twitters of the world: Get engaged in laws. It is very much needed. One of work on altering genes in mice through letting people know what is at stake. If the leaders is, of course, our own Sen- the use of stem cells. Obviously, this is we like these innovations that have ator RUBIO, as well as Senator SCHUMER an exciting area of work that gives us radically changed the way we live in and Senator MCCAIN, and others as well great hope to solve many diseases. this country—just think about this for whom I hate to not mention, but I Medtronic, a Minnesota institution a moment. If a decade ago we would think my colleagues get the point. that has pioneered medical devices for tell someone we are going to Google Similarly, the work of Senators KLO- years, started in a garage and was them, they would be offended because BUCHAR, RUBIO, COONS, and I have done started by the child of an immigrant. that did not mean anything a decade in crafting the I-Squared Act of 2013 So why would we want to prevent the ago. Now it means something. If we was no easy task and represents hours next person who would come in who were to say a decade ago that we were of negotiations with interested stake- could cure cancer, who would create a going to tweet something, people would holders and has garnered, as my col- new energy source, who would bring in look at us funny. Now it actually leagues can see, widespread industry new means of communication to our means something. support. country? This bill is about moving our These are innovations that happened The I-Squared Act makes sense. I country forward. This bill is about in America that have not only changed hope our language to reform the high- competing in the world economy. If we the way we live and made our lives

VerDate Mar 15 2010 03:19 Feb 01, 2013 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S29JA3.REC S29JA3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S364 CONGRESSIONAL RECORD — SENATE January 29, 2013 more interesting and in some ways I was glad to see it addressed family- Senator COONS and Senator RUBIO and more productive but are transforming based immigration challenges, includ- Senator KLOBUCHAR—for their work on the world. ing creating an expedited path to citi- this bill. It is obvious from their state- Think about the political movements zenship for young people brought here ments here today they have a great here and around the world. There was a as children through no fault of their deal of commitment to these impor- time when one could not even engage own—people we rightly call DREAM- tant issues. in public discourse in America if they ers. I-squared is a commonsense approach did not have an organization to back While the Immigration Innovation to ensuring that those who have come them. Now any single individual can Act we are introducing today recog- to be educated in our American univer- become the leader of a movement fair- nizes the vital, the critical contribu- sities have the ability to stay with ly quickly by using the platforms that tions immigrants have made and will their families and contribute to our have been created by innovators. continue to make in highly technical economy and our society. A disproportionate number of the fields, we also must recognize the es- This bill is good for workers, it is people who develop this stuff are immi- sential contributions immigrants make good for businesses trying to grow, and grants or the children of immigrants or along the entire labor spectrum, across it is good for our economy. children or people we have trained in the whole breadth of this country—to I am pleased with the momentum we this country who, thank God, we did building up this country in the past already have seen on this bill through not send back home. and to giving it a brighter future. industry support and within the Senate We have a chance to do that, and I As you heard from Senator KLO- itself. hope those who have a vested interest BUCHAR before, if Team USA is to play I am pleased to announce that Sen- in this issue passing will use the plat- competitively globally, we need the ators FLAKE, SHAHEEN, HELLER, forms they own and operate to clearly best and the brightest contributors to BLUMENTHAL, HOEVEN, NELSON, and inform the American people about our future. Why would we educate the WARNER have agreed to be original co- what is at stake on the issue of immi- best inventors and innovators in the sponsors of the I-Squared Act, and I en- gration as a whole but in particular on world and send many of them back to courage many more of my colleagues this issue of high-skill immigration. compete against us from other coun- to support and help pass this bill. It is I guess for some additional thoughts, tries rather than embracing them and long overdue. It is well thought out. I wish to turn it over to Senator COONS, allowing them to invent, to invest, and We have run it by the top people in this who has a unique insight into innova- create companies and jobs in the country. Frankly, it has a lot of sup- tion. We worked on the Startup 2.0. I United States? port so far. We have not even gone out While I am eager to move ahead on will plug it again because it is an im- and tried to get cosponsors, and they family-focused reform, I am equally portant piece of legislation we would are starting to come naturally. I hope eager to have us move ahead with re- like to get done fairly soon. A lot of it we can get the Senate to call up this form for STEM degree holders. Com- is based on investor visas and things of bill. Of course, I think we are all inter- prehensive immigration reform is a ne- that nature. ested in going beyond this bill too, in cessity for the hard-working people of I think Senator COONS has more to doing true immigration reform that Delaware and around the country, for add about our effort here today. will help our country to continue to The PRESIDING OFFICER. The Sen- those who want nothing more than to play by the rules, build a better life for maintain itself as the greatest country ator from Delaware. in the world. Mr. NELSON. Mr. President, I say to their children, and contribute to the American dream. I wish to thank my colleagues. This Senator COONS, would the Senator That is what any of us would want, has been a real privilege to serve with yield just for a moment for a com- the chance to work hard, to see our them on the floor today. pliment? children grow up happy and healthy, Mr. President, I ask unanimous con- Mr. COONS. Certainly. I yield to the with the education and opportunities sent that the text of the bill be printed Senator from Florida. that make their dreams come true, and in the RECORD. Mr. NELSON. Mr. President, I just to contribute to a stronger America. There being no objection, the text of wish to compliment my colleague from That is why I am committed to a the bill was ordered to be printed in Florida. As I gave a number of inter- comprehensive overhaul of our immi- the RECORD as follows: views yesterday on his initiatives with gration system, one that supports chil- S. 169 regard to comprehensive immigra- dren and families, as well as our econ- Be it enacted by the Senate and House of Rep- tion—not to speak of the issue at hand, omy and our vital technology sector, resentatives of the United States of America in more about the specialized necessity of and that welcomes immigrants into the Congress assembled, visas, but on overall comprehensive rich fabric of this country, as the SECTION 1. SHORT TITLE. immigration, which I certainly favor United States has done since our This Act may be cited as the ‘‘Immigration and have voted for in the past—a huge founding. Innovation Act of 2013’’ or the ‘‘I-Squared step was taken because of the initia- As someone who trained in chem- Act of 2013’’. tive of a number of courageous Sen- istry, as someone who worked for a SEC. 2. TABLE OF CONTENTS. ators, among whom I would include my high-technology, materials-based The table of contents for this Act is as fol- lows: colleague from Florida. science company, as someone who met Thank you. just yesterday with a Delaware com- Sec. 1. Short title. Sec. 2. Table of contents. Mr. COONS. I thank Senator NELSON. pany complaining of the challenges The PRESIDING OFFICER. The Sen- that visa caps and limits place on their TITLE I—EMPLOYMENT-BASED NONIMMIGRANT VISAS ator from Delaware. ability to do research and development Mr. COONS. Mr. President, I join the Sec. 101. Market-based H–1b visa limits. and to compete in the global economy, Sec. 102. Employment authorization for de- Senator from Florida in thanking and I am grateful for the leadership Sen- recognizing the junior Senator from pendents of H-1b non- ator HATCH and Senator KLOBUCHAR immigrants. Florida, Mr. RUBIO, for his great work and Senator RUBIO have shown in Sec. 103. Eliminating impediments to work- on the issues of job creation and inno- crafting this piece—this vital piece—of er mobility. vation through Startup 2.0 and other the total picture of comprehensive im- TITLE II—STUDENT VISAS bills we have worked on together but migration reform. Sec. 201. Authorization of dual intent. also through the comprehensive frame- I thank the Presiding Officer. work that was released yesterday. The TITLE III—EMPLOYMENT-BASED I say to Senator HATCH, does the Sen- IMMIGRANT VISAS framework released by Senators SCHU- ator have some closing comments as Sec. 301. Elimination of per-country numer- MER, MCCAIN, RUBIO, and others takes we conclude this colloquy? ical limitations. the right approach to ensuring that the The PRESIDING OFFICER. The Sen- Sec. 302. Recapturing lost employment- United States has a modern, efficient, ator from Utah. based immigrant visas. effective, and compassionate immigra- Mr. HATCH. Mr. President, I wish to Sec. 303. Aliens not subject to direct numer- tion system. particularly thank my colleagues— ical limitation.

VerDate Mar 15 2010 03:19 Feb 01, 2013 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0655 E:\RECORD13\RECFILES\S29JA3.REC S29JA3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 29, 2013 CONGRESSIONAL RECORD — SENATE S365 TITLE IV—STEM EDUCATION FUNDING the 275th day on which petitions may be filed ‘‘(3) A nonimmigrant admitted under sec- Sec. 401. Funding for STEM education and for such fiscal year, an additional 5,000 such tion 101(a)(15)(H)(i)(b) whose employment re- training. visas shall be made available beginning on lationship terminates before the expiration Sec. 402. Promoting American Ingenuity Ac- the date on which such allocation is reached. of the nonimmigrant’s period of authorized count. ‘‘(v) If the number of cap-subject non- admission shall be deemed to have retained Sec. 403. STEM education grant application immigrant visa petitions approved under such legal status throughout the entire 60- process. section 101(a)(15)(H)(i)(b) for a fiscal year is day period beginning on the date such em- Sec. 404. Approved activities. at least 5,000 fewer than the base allocation, ployment is terminated if an employer files Sec. 405. National evaluation. but is not more than 9,999 fewer than the a petition to extend, change, or adjust the Sec. 406. Rule of construction. base allocation, the allocation adjustment status of the nonimmigrant at any point TITLE I—EMPLOYMENT-BASED for the following fiscal year shall be -5,000. during such period.’’. ‘‘(vi) If the number of cap-subject non- NONIMMIGRANT VISAS (c) VISA REVALIDATION.—Section 222(c) of immigrant visa petitions approved under the Immigration and Nationality Act (8 SEC. 101. MARKET-BASED H–1B VISA LIMITS. section 101(a)(15)(H)(i)(b) for a fiscal year is U.S.C. 1202(c)) is amended by inserting ‘‘The (a) IN GENERAL.—Section 214(g) of the Im- at least 10,000 fewer than the base allocation, Secretary of State shall authorize an alien migration and Nationality Act (8 U.S.C. but not more than 14,999 fewer than the base admitted under subparagraph (E), (H), (L), 1184(g)) is amended— allocation, the allocation adjustment for the (O), or (P) of section 101(a)(15) to renew his or (1) in paragraph (1)— following fiscal year shall be -10,000. her nonimmigrant visa in the United States (A) in the matter preceding subparagraph ‘‘(vii) If the number of cap-subject non- if the alien has remained eligible for such (A), by striking ‘‘(beginning with fiscal year immigrant visa petitions approved under status.’’. 1992)’’; and section 101(a)(15)(H)(i)(b) for a fiscal year is (B) by amending subparagraph (A) to read at least 15,000 fewer than the base allocation, TITLE II—STUDENT VISAS as follows: but not more than 19,999 fewer than the base SEC. 201. AUTHORIZATION OF DUAL INTENT. ‘‘(A) under section 101(a)(15)(H)(i)(b) may allocation, the allocation adjustment for the (a) DEFINITION.—Section 101(a)(15)(F)(i) of not exceed the sum of— following fiscal year shall be -15,000. the Immigration and Nationality Act (8 ‘‘(i) the base allocation calculated under ‘‘(viii) If the number of cap-subject non- U.S.C. 1101(a)(15)(F)(i)) is amended by strik- paragraph (9)(A); and immigrant visa petitions approved under ing ‘‘which he has no intention of aban- ‘‘(ii) the allocation adjustment calculated section 101(a)(15)(H)(i)(b) for a fiscal year is doning’’. under paragraph (9)(B); and’’; at least 20,000 fewer than the base allocation, (b) PRESUMPTION OF STATUS; INTENTION TO (2) in paragraph (5)— the allocation adjustment for the following ABANDON FOREIGN RESIDENCE.—Section 214 of (A) in subparagraph (B), by striking ‘‘or’’ fiscal year shall be -20,000.’’. the Immigration and Nationality Act (8 at the end; and (b) REPORTING REQUIREMENT.—The Sec- U.S.C. 1184) is amended— (B) in subparagraph (C), by striking ‘‘, retary of Homeland Security shall— (1) in subsection (b), by striking ‘‘(L) or until the number of aliens who are exempted (1) timely upload to a public website data (V)’’ and inserting ‘‘(F), (L), or (V)’’; and from such numerical limitation during such that summarizes the adjudication of non- (2) in subsection (h), by striking ‘‘(H)(i)(b) year exceeds 20,000.’’ and inserting ‘‘; or’’; immigrant petitions under section or (c)’’ and inserting ‘‘(F), (H)(i)(b), (3) in paragraph (8), by striking subpara- 101(a)(15)(H)(b) of the Immigration and Na- (H)(i)(c)’’. graphs (B)(iv) and (D); tionality Act (8 U.S.C. 1101(a)(15)(H)(b)) dur- TITLE III—EMPLOYMENT-BASED (4) by redesignating paragraph (10) as sub- ing each fiscal year; and IMMIGRANT VISAS (2) allow the timely adjustment of visa al- paragraph (D) of paragraph (9); SEC. 301. ELIMINATION OF PER-COUNTRY NU- (5) by redesignating paragraph (9) as para- locations under section 214(g)(9)(B) of such MERICAL LIMITATIONS. graph (10); and Act, as added by subsection (a). (a) IN GENERAL.—Section 202(a)(2) of the (6) by inserting after paragraph (8) the fol- SEC. 102. EMPLOYMENT AUTHORIZATION FOR Immigration and Nationality Act (8 U.S.C. lowing: DEPENDENTS OF H-1B NON- 1152(a)(2)) is amended to read as follows: IMMIGRANTS. ‘‘(9)(A) The base allocation of non- ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON- Section 214(c) of the Immigration and Na- immigrant visas under section SORED IMMIGRANTS.—Subject to paragraphs tionality Act (8 U.S.C. 1184(c)) is amended— 101(a)(15)(H)(i)(b) for each fiscal year shall be (3) and (4), the total number of immigrant (1) by striking ‘‘Attorney General’’ each equal to— visas made available to natives of any single place such term appears and inserting ‘‘Sec- ‘‘(i) the sum of— foreign state or dependent area under section retary of Homeland Security’’; and ‘‘(I) the base allocation for the most re- 203(a) in any fiscal year may not exceed 15 (2) in paragraph (2), by amending subpara- cently completed fiscal year; and percent (in the case of a single foreign state) graph (E) to read as follows: ‘‘(II) the allocation adjustment for the or 2 percent (in the case of a dependent area) ‘‘(E) The Secretary of Homeland Security most recently completed fiscal year; of the total number of such visas made avail- shall— ‘‘(ii) if the number calculated under clause able under such section in that fiscal year.’’. ‘‘(i) authorize an alien spouse admitted (i) is less than 115,000, 115,000; or (b) CONFORMING AMENDMENTS.—Section 202 under subparagraph (H)(i)(b) or (L) of section ‘‘(iii) if the number calculated under clause of the Immigration and Nationality Act (8 101(a)(15) who is accompanying or following (i) is more than 300,000, 300,000. U.S.C. 1152) is amended— to join the principal alien to engage in em- ‘‘(B)(i) If the number of cap-subject non- (1) in subsection (a)— ployment in the United States; and immigrant visa petitions approved under (A) in paragraph (3), by striking ‘‘both sub- ‘‘(ii) provide the spouse with an ‘employ- section 101(a)(15)(H)(i)(b) during the first 45 sections (a) and (b) of section 203’’ and in- ment authorized’ endorsement or other ap- days petitions may be filed for a fiscal year serting ‘‘section 203(a)’’; and propriate work permit.’’. is equal to the base allocation for such fiscal (B) by striking paragraph (5); and year, an additional 20,000 such visas shall be SEC. 103. ELIMINATING IMPEDIMENTS TO WORK- (2) by amending subsection (e) to read as ER MOBILITY. made available beginning on the 46th day on follows: (a) DEFERENCE TO PRIOR APPROVALS.—Sec- which petitions may be filed for such fiscal ‘‘(e) SPECIAL RULES FOR COUNTRIES AT tion 214(c) of the Immigration and Nation- year. CEILING.—If the total number of immigrant ality Act (8 U.S.C. 1184(c)) is amended by ‘‘(ii) If the base allocation of cap-subject visas made available under section 203(a) to adding at the end the following: nonimmigrant visa petitions approved under ‘‘(9) The Secretary of Homeland Security natives of any single foreign state or depend- section 101(a)(15)(H)(i)(b) for a fiscal year is may not deny a petition to extend the status ent area will exceed the numerical limita- reached during the 15-day period ending on of a nonimmigrant admitted under subpara- tion specified in subsection (a)(2) in any fis- the 60th day on which petitions may be filed graph (H)(i)(b) or (L) of section 101(a)(15) in cal year, the number of visas for natives of for such fiscal year, an additional 15,000 such which the petition involves the same alien that state or area shall be allocated under visas shall be made available beginning on and petitioner unless the Secretary deter- section 203(a) so that, except as provided in the 61st day on which petitions may be filed mines that— subsection (a)(4), the proportion of the visa for such fiscal year. ‘‘(A) there was a material error with re- numbers made available under each of para- ‘‘(iii) If the base allocation of cap-subject gard to the previous petition approval; graphs (1) through (4) of section 203(a) is nonimmigrant visa petitions approved under ‘‘(B) a substantial change in circumstances equal to the ratio of the total number of section 101(a)(15)(H)(i)(b) for a fiscal year is has taken place that renders the non- visas made available under the respective reached during the 30-day period ending on immigrant ineligible for such status under paragraph to the total number of visas made the 90th day on which petitions may be filed this Act; or available under section 203(a).’’. for such fiscal year, an additional 10,000 such ‘‘(C) new material information has been (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of visas shall be made available beginning on discovered that adversely impacts the eligi- the Chinese Student Protection Act of 1992 (8 the 91st day on which petitions may be filed bility of the employer or the non- U.S.C. 1255 note) is amended— for such fiscal year. immigrant.’’. (1) in subsection (a), by striking ‘‘sub- ‘‘(iv) If the base allocation of cap-subject (b) EFFECT OF EMPLOYMENT TERMINATION.— section (e))’’ and inserting ‘‘subsection (d))’’; nonimmigrant visa petitions approved under Section 214(n) of the Immigration and Na- and section 101(a)(15)(H)(i)(b) for a fiscal year is tionality Act (8 U.S.C. 1184(n)) is amended by (2) by striking subsection (d) and redesig- reached during the 185-day period ending on adding at the end the following: nating subsection (e) as subsection (d).

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(d) EFFECTIVE DATE.—The amendments ‘‘(I) $750 shall be deposited in the Treasury amount all States received under that sub- made by this section shall take effect on Oc- in accordance with section 286(s); and part for the preceding fiscal year. tober 1, 2013, and shall apply to fiscal years ‘‘(II) $500 shall be deposited in the Treasury ‘‘(ii) MINIMUM ALLOCATIONS.—No State beginning with fiscal year 2014. in accordance with section 286(w). shall receive less than an amount equal to SEC. 302. RECAPTURING LOST EMPLOYMENT- ‘‘(ii) Of the amounts collected pursuant to 0.5 percent of the total amount made avail- BASED IMMIGRANT VISAS. subparagraph (B)(ii)— able to all States from the Promoting Amer- Section 201(d) of the Immigration and Na- ‘‘(I) $1,500 shall be deposited in the Treas- ican Ingenuity Account. If a State does not tionality Act (8 U.S.C. 1151(d)) is amended to ury in accordance with section 286(s); and request an allocation from the Account for a read as follows: ‘‘(II) $1,000 shall be deposited in the Treas- fiscal year, the Secretary shall reallocate ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT- ury in accordance with section 286(w).’’. the State’s allocation to the remaining BASED IMMIGRANTS.— (b) CONFORMING AMENDMENT.—Section States in accordance with this section.’’. ‘‘(1) IN GENERAL.—The worldwide level of 286(s)(1) of the Immigration and Nationality SEC. 403. STEM EDUCATION GRANT APPLICATION employment-based immigrants under this Act (8 U.S.C. 1356(s)(1)) is amended by strik- PROCESS. subsection for a fiscal year is equal to the ing the last sentence and inserting ‘‘There (a) APPLICATION.—Each State desiring to sum of— shall be deposited as offsetting receipts into receive an allocation from the Promoting ‘‘(A) 140,000; and the account a portion of the fees collected American Ingenuity Account established ‘‘(B) the number computed under para- under paragraphs (9) and (11) of section under section 286(w) of the Immigration and graph (2). 214(c).’’. Nationality Act (8 U.S.C. 1356(w)) submit an ‘‘(2) UNUSED VISAS.—The number computed (c) IMMIGRANT FEE.—Section 203(b) of the application to the Secretary of Education Immigration and Nationality Act (8 U.S.C. under this paragraph is the difference, if any, that describes how the State plans to im- 1153(b)) is amended by adding at the end the between— prove STEM education to meet the needs of following: ‘‘(A) the sum of the worldwide levels estab- employers in the State, at such time, in such ‘‘(7) FUNDING FOR STEM EDUCATION AND lished under paragraph (1) for fiscal years form, and including such information as the TRAINING.—The Secretary of Homeland Secu- 1992 through the current fiscal year; and Secretary may prescribe. rity shall impose a fee of $1,000 on each I–140 ‘‘(B) the number of visas actually issued (b) APPROVAL.—The Secretary of Edu- under section 203(b), subject to this sub- immigrant visa petition filed under this sub- cation shall approve any application sub- section, during such fiscal years.’’. section. Amounts collected under this para- mitted under subsection (a) that meets the SEC. 303. ALIENS NOT SUBJECT TO DIRECT NU- graph shall be deposited into the Treasury in requirements prescribed by the Secretary if MERICAL LIMITATION. accordance with section 286(w).’’. the Secretary determines, after evaluating (a) IN GENERAL.—Section 201(b)(1) of the SEC. 402. PROMOTING AMERICAN INGENUITY AC- the recommendations of peer reviewers, that COUNT. Immigration and Nationality Act (8 U.S.C. the State’s plan for the use of funds would be Section 286 of the Immigration and Nation- 1151(b)(1)) is amended by adding at the end successful in making progress toward meet- ality Act (8 U.S.C. 1356) is amended by add- the following: ing the purposes set forth in section 286(w)(2) ‘‘(F) Aliens who are the spouse or a child of ing at the end the following: ‘‘(w) PROMOTING AMERICAN INGENUITY AC- of the Immigration and Nationality Act (8 an alien admitted as an employment-based U.S.C. 1356(w)(2)). immigrant under section 203(b). COUNT.— SEC. 404. APPROVED ACTIVITIES. ‘‘(G) Aliens who have earned a master’s or ‘‘(1) IN GENERAL.—There is established in A State or other entity that receives fund- higher degree in a field listed on the STEM the general fund of the Treasury a separate ing from the Promoting American Ingenuity Designated Degree Program List published account, which shall be known as the ‘Pro- Account may use such funding— by the Department of Homeland Security on moting American Ingenuity Account’. There (1) to strengthen the State’s academic the Student and Exchange Visitor Program shall be deposited as offsetting receipts into achievement standards in science, tech- website from an institution of higher edu- the account fees collected under section nology, engineering, and mathematics cation (as defined in section 101(a) of the 203(b)(7) and a portion of the fees collected (STEM); Higher Education Act of 1965 (20 U.S.C. under section 214(c)(9). Amounts deposited (2) to implement strategies for the recruit- 1001(a))). into the account shall remain available to ment, training, placement, and retention of ‘‘(H) Aliens for whom a petition for an em- the Secretary of Education until expended. teachers in STEM fields, including computer ployment-based immigrant visa under para- ‘‘(2) PURPOSES.—The purposes of the Pro- science; graph (A) or (B) of section 203(b)(1) has been moting American Ingenuity Account are to (3) to carry out initiatives designed to as- approved.’’. enhance the economic competitiveness of the (b) CONFORMING AMENDMENTS.—Section United States by— sist students in succeeding and graduating 203(b) of the Immigration and Nationality ‘‘(A) strengthening STEM education, in- from postsecondary STEM programs; Act (8 U.S.C. 1153(b)) is amended— cluding in computer science, at all levels; (4) to improve the availability and access (1) in paragraph (1), by striking ‘‘28.6 per- ‘‘(B) ensuring that schools have access to to STEM-related worker training programs, cent’’ and inserting ‘‘12 percent’’; well-trained and effective STEM teachers; including community college courses and (2) in paragraph (2)(A), by striking ‘‘28.6 ‘‘(C) supporting efforts to strengthen the programs; and percent’’ and inserting ‘‘36.9 percent’’; and elementary and secondary curriculum, in- (5) for other activities approved by the Sec- (3) in paragraph (3)— cluding efforts to make courses in computer retary of Education to improve STEM edu- (A) in subparagraph (A), by striking ‘‘28.6 science more broadly available; and cation. percent’’ and inserting ‘‘36.9 percent’’; ‘‘(D) helping colleges and universities SEC. 405. NATIONAL EVALUATION. (B) by striking subparagraph (B); and produce more graduates in fields needed by (a) IN GENERAL.—Using amounts reserved (C) by redesignating subparagraph (C) as American employers. under section 286(w)(3)(A) of the Immigra- subparagraph (B). ‘‘(3) ALLOCATION OF FUNDS.— tion and Nationality Act, as added by sec- TITLE IV—STEM EDUCATION FUNDING ‘‘(A) NATIONAL ACTIVITIES.—The Secretary tion 402, the Secretary of Education shall of Education may reserve up to 5 percent of conduct, directly or through a grant or con- SEC. 401. FUNDING FOR STEM EDUCATION AND TRAINING. the amounts deposited into the Promoting tract, an annual evaluation of the implemen- tation and impact of the activities funded by (a) NONIMMIGRANT FEE ADJUSTMENT AND American Ingenuity Account for national re- ALLOCATION.—Section 214(c)(9) of the Immi- search, development, demonstration, evalua- the Promoting American Ingenuity Account. gration and Nationality Act (8 U.S.C. tion, and dissemination activities carried (b) ANNUAL REPORT.—The Secretary shall 1184(c)(9)) is amended— out directly or through grants, contracts, or submit a report describing the results of (1) by amending subparagraph (B) to read cooperative agreements, including— each evaluation conducted under subsection as follows: ‘‘(i) activities undertaken jointly with (a) to— ‘‘(B) The amount of the fee imposed under other Federal agencies, such as STEM mis- (1) the President; this paragraph shall be— sion agencies; and (2) the Committee on the Judiciary of the ‘‘(i) $1,250 for each such petition filed by an ‘‘(ii) grants to non-profit organizations for Senate employer with not more than 25 full-time nationally significant activities consistent (3) the Committee on the Judiciary of the equivalent employees who are employed in with the purposes of the Immigration Inno- House of Representatives the United States (determined by including vation Act of 2013. (4) the Committee on Health, Education, any affiliate or subsidiary of such employer); ‘‘(B) ALLOCATIONS TO STATES.— Labor, and Pensions of the Senate; and and ‘‘(i) IN GENERAL.—Subject to clause (ii), the (5) the Committee on Education and the ‘‘(ii) $2,500 for each such petition filed by Secretary of Education shall proportionately Workforce of the House of Representatives. an employer with more than 25 such employ- allocate the remaining amounts deposited (c) DISSEMINATION.—The Secretary shall ees.’’; and into the account to the States each fiscal make the findings of the evaluation widely (2) by amending subparagraph (C) to read year in an amount that bears the same rela- available to educators, the business commu- as follows: tionship to the remainder as the amount the nity, and the public. ‘‘(C) Fees collected under this paragraph State received under subpart 2 of part A of SEC. 406. RULE OF CONSTRUCTION. shall be distributed as follows: title I of the Elementary and Secondary Edu- Nothing in this title may be construed to ‘‘(i) Of the amounts collected pursuant to cation Act of 1965 (20 U.S.C. 6331 et seq.) for permit the Secretary of Education or any subparagraph (B)(i)— the preceding fiscal year bears to the other Federal official to approve the content

VerDate Mar 15 2010 03:19 Feb 01, 2013 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD13\RECFILES\S29JA3.REC S29JA3 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE January 29, 2013 CONGRESSIONAL RECORD — SENATE S367 or academic achievement standards of a Committee on Foreign Relations for the One (1) The term ‘‘congressional defense com- State. Hundred Thirteenth Congress, or until his mittees’’ has the meaning given that term in successor is chosen. section 101(a)(16) of title 10, United States By Ms. MURKOWSKI (for herself Sec. 2. Provided, That this resolution shall Code. and Mr. MANCHIN): be effective upon the resignation of the Sen- (2) The term ‘‘sequester during funding for S. 170. A bill to recognize the herit- ator from Massachusetts (Mr. Kerry). the Department of Defense by continuing resolution’’ means the coming into effect of age of recreational fishing, hunting, f and recreational shooting on Federal discretionary spending reductions under sec- public land and ensure continued op- AMENDMENTS SUBMITTED AND tion 251A of the Balanced Budget and Emer- portunities for those activities; to the PROPOSED gency Deficit Control Act of 1985 pursuant to section 251(a)(1) of that Act while funding for Committee on Energy and Natural Re- SA 5. Mr. INHOFE submitted an amend- the Department of Defense is provided by sources. ment intended to be proposed by him to the section 101(a)(3) of the Continuing Appropria- Ms. MURKOWSKI. Mr. President, I bill H.R. 325, to ensure the complete and tions Resolution, 2013. rise today to introduce the bipartisan timely payment of the obligations of the Recreational Fishing and Hunting Op- United States Government until May 19, f portunities Act. 2013, and for other purposes; which was or- NOTICE OF HEARING My bill is cosponsored by my friend dered to lie on the table. COMMITTEE ON HEALTH, EDUCATION, LABOR, from West Virginia, Senator MANCHIN, f and is a commonsense, bipartisan piece AND PENSIONS of legislation. It enjoys support from TEXT OF AMENDMENTS Mr. HARKIN. Mr. President, I wish to over 39 separate organizations from the SA 5. Mr. INHOFE submitted an announce that the Committee on hunting, shooting, recreational fishing amendment intended to be proposed by Health, Education, Labor, and Pen- and wildlife conservation community. him to the bill H.R. 325, to ensure the sions will meet in open session on In addition, my staff has worked dili- complete and timely payment of the Thursday, January 31, 2013, at 10 a.m. gently with environmental and con- obligations of the United States Gov- in room SD–430 of the Dirksen Senate servation organizations such as the ernment until May 19, 2013, and for Office Building to conduct a hearing Wilderness Society and the National other purposes; which was ordered to entitled ‘‘Pension Savings: Are Work- Parks Conservation Association to al- lie on the table; as follows: ers Saving Enough for Retirement?’’ For further information regarding leviate their concerns with previous At the appropriate place, insert the fol- versions of the bill by removing ref- lowing: this meeting, please contact Michael Kreps of the committee staff on (202) erences to the Wilderness Act and the SEC. ll. FISCAL YEAR 2013 BUDGET SEQUES- National Environmental Policy Act. TER. 224–5111. Furthermore, this legislation specifi- (a) IN GENERAL.—Notwithstanding any f cally exempts National Park Units, Na- other provision of law, the budget sequester tional Wildlife Refuges and land held in of the security category required by section AUTHORITY FOR COMMITTEES TO trust for the benefit of Native Ameri- 251A of the Balanced Budget and Emergency MEET cans. Deficit Control Act of 1985 for fiscal year 2013 shall be implemented as determined by the COMMITTEE ON FOREIGN RELATIONS Our bill would acknowledge the im- Mr. NELSON. Mr. President, I ask portance of hunting and fishing on our Secretary of Defense. (b) REPORT.—On the date of the commence- unanimous consent that the Com- BLM lands and in our National Forests ment of the budget sequester described in mittee on Foreign Relations be author- by requiring hunting and fishing to be subsection (a), the Secretary of Defense shall ized to meet during the session of the recognized activities on those lands. submit a report to Congress detailing the re- Senate on January 29, 2013, at 10 a.m. We are talking about traditional Amer- ductions to discretionary appropriations in The PRESIDING OFFICER. Without ican activities, and they are activities the security category required by this sec- objection, it is so ordered. that deserve the same consideration as tion. other traditional uses of our public SEC. ll. TRANSFER AUTHORITY FOR FUNDING COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS lands. Our legislation would establish OF DEPARTMENT OF DEFENSE UNDER CONTINUING RESOLUTION an ‘‘open unless closed’’ policy for rec- Mr. NELSON. Mr. President, I ask AND SEQUESTER CONSISTENT WITH unanimous consent that the Com- reational hunting, fishing and shooting AMOUNTS AUTHORIZED BY NA- on BLM and Forest Service land. It is TIONAL DEFENSE AUTHORIZATION mittee on Health, Education, Labor, important to note, though, that this ACT FOR FISCAL YEAR 2013. and Pensions be authorized to meet would not give these activities special (a) IN GENERAL.—In the event in fiscal year during the session of the Senate to con- 2013 of a sequester during funding for the De- duct a hearing entitled ‘‘30 Million New priority, but merely level the current partment of Defense by continuing resolu- playing field between these traditional Patients and 11 Months to Go: Who tion, the Secretary of Defense may transfer Will Provide Their Primary Care?’’ on activities and other uses of our public amounts appropriated for the Department of lands. Defense by the Continuing Appropriations January 29, 2013, at 10 a.m. in room 430 I would like to thank Senator Resolution, 2013 (Public Law 112–175) among of the Dirksen Senate Office Building. MANCHIN, an original cosponsor of this accounts of the Department of Defense. The PRESIDING OFFICER. Without bill, for his and his staff’s hard work in (b) TRANSFERS CONSISTENT WITH AMOUNTS objection, it is so ordered. moving this bill forward. It is our hope AUTHORIZED BY PL 112–239.—In the event of SELECT COMMITTEE ON INTELLIGENCE that this bill will receive quick but any transfers under subsection (a), the total Mr. NELSON. Mr. President, I ask careful consideration as many sports- amount in any account of the Department of Defense that is available for obligation and unanimous consent that the Select men across this country have been ea- expenditure in fiscal year 2013 may not ex- Committee on Intelligence be author- gerly awaiting passage of this measure ceed the amount authorized to be appro- ized to meet during the session of the for quite a long time. priated for that account for that fiscal year Senate on January 29, 2013, at 3 p.m. f by applicable provisions of division A of the The PRESIDING OFFICER. Without National Defense Authorization Act for Fis- objection, it is so ordered. SUBMITTED RESOLUTIONS cal Year 2013 (Public Law 112–239). (c) NOTICE TO CONGRESS.—Not later than 15 f days after any transfer under subsection (a), PRIVILEGES SENATE RESOLUTION 20—DESIG- the Secretary of Defense shall submit to the NATING CHAIRMAN OF THE SEN- congressional defense committees a report Mr. HARKIN. Mr. President, I ask ATE COMMITTEE ON FOREIGN setting forth a description of the transfer, unanimous consent that Ben Smitton RELATIONS including the amount of the transfer and the and Rich Vickers of my staff be grant- Mr. REID of Nevada submitted the accounts from and to which the funds were ed floor privileges for the duration of transferred. following resolution; which was consid- today’s session. (d) TRANSFER AUTHORITY.—The transfer au- ered and agreed to: thority provided by subsection (a) is in addi- The PRESIDING OFFICER. Without S. RES. 20 tion to any other transfer authority provided objection, it is so ordered. Resolved, The Senator from New Jersey, by law. Mr. BROWN. Mr. President, I ask Mr. Menendez, shall be the Chairman of the (e) DEFINITIONS.—In this section: unanimous consent that Bryan Seeley,

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