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

Vol. 159 WASHINGTON, TUESDAY, JULY 16, 2013 No. 101 House of Representatives The House met at noon and was tember, we will be only 2 days away Instead of learning the details of the called to order by the Speaker pro tem- from the 1-year anniversary of the attack and the U.S. response in public pore (Mr. BENTIVOLIO). Benghazi attacks. This looming anni- hearings, the American people may in- f versary should stand as a stark re- stead read about it in one of the books minder of the many unanswered ques- that have been announced in recent DESIGNATION OF SPEAKER PRO tions that remain about what actually weeks. It is clear that the survivors TEMPORE happened that night and how the ad- from the consulate and the annex have The SPEAKER pro tempore laid be- ministration chose to respond or not worked with authors on two separate fore the House the following commu- respond to the Americans under as- books that are scheduled to be pub- nication from the Speaker: sault during that 8-hour period. lished over the next year. WASHINGTON, DC, That is why, over the next 3 weeks, I The first, ‘‘Under Fire: The Untold July 16, 2013. will be coming to the floor regularly to Story of the Attack in Benghazi,’’ de- I hereby appoint the Honorable KERRY remind the American people about the scribes in vivid, minute-by-minute de- BENTIVOLIO to act as Speaker pro tempore on key questions that remain to be an- tail the assault on the U.S. consulate, this day. swered. I will also be sending a series of according to an excerpt that was pub- JOHN A. BOEHNER, letters to the State Department, the lished in Vanity Fair magazine this Speaker of the House of Representatives. Defense Department, and the CIA for- month. This excerpt contains impor- f mally requesting responses to some of tant new information about the level of MORNING-HOUR DEBATE these questions. While I am skeptical sophistication of the attack and how the administration will be forthcoming the terrorists apparently had detailed The SPEAKER pro tempore. Pursu- with answers, I do hope that these inside knowledge of the American con- ant to the order of the House of Janu- questions will underscore, for the Con- sulate. It also noted that each of the ary 3, 2013, the Chair will now recog- gress and the American people, the terrorists’ vehicles flew the ‘‘black flag nize Members from lists submitted by woefully incomplete status of the of jihad.’’ The report makes clear this the majority and minority leaders for Benghazi investigation. attack was the result of careful plan- morning-hour debate. I have long been concerned that the ning and intelligence-gathering by the The Chair will alternate recognition current investigative strategy would terrorists, not some spontaneous at- between the parties, with each party not yield the necessary answers. That tack on a target of opportunity. limited to 1 hour and each Member is why, for the last 8 months, I have ad- A second, $3 million book deal, sched- other than the majority and minority vocated creating a bipartisan select uled for publication in 2014, was an- leaders and the minority whip limited committee to thoroughly investigate nounced last month with four unnamed to 5 minutes each, but in no event shall the Benghazi attacks. My bill, H. Res. U.S. security contractors who were debate continue beyond 1:50 p.m. 36, has 160 cosponsors, as well as the based at the annex and responded to f support of many family members of the the attacks that night. I suspect, given BENGHAZI INVESTIGATION Benghazi victims, the Special Oper- the critical role played by the contrac- ations community, and the Federal tors in responding to the consulate at- The SPEAKER pro tempore. The Law Enforcement Officers Association, tack and later in defending the annex, Chair recognizes the gentleman from which represent the Diplomatic Secu- that these individuals have important Virginia (Mr. WOLF) for 5 minutes. rity agents who were at the consulate information that deserves to be heard Mr. WOLF. Mr. Speaker, Deuter- in Benghazi. by the Congress and by the American onomy 16:20 tells us: Perhaps the most telling sign of the people. I also wonder, Mr. Speaker, Justice, justice shalt thou pursue. incomplete state of the Benghazi inves- whether any of the $3 million they’re As we quietly mark the 10-month an- tigation is the fact that not one of the earning from the book deal will be niversary of the Benghazi terrorist at- survivors of the Benghazi attack from shared with Ty Woods’ widow and child tacks last week, I know many people the consulate or the annex has publicly or the parents of Glen Doherty, who did wondered if there will ever be any clear testified before Congress. Despite near- so much to save our Americans. resolution to this investigation, let ly a full year of multiple committee in- I can’t help but ask why the Congress alone justice. vestigations, not one witness has been has not asked—or subpoenaed—these There are less than 3 weeks remain- brought before a committee to publicly individuals to testify before the House ing before the Congress departs for the testify under oath about what hap- committees that have been inves- August recess. When we return in Sep- pened that night. tigating this over the past year. If

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 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JY7.000 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4490 CONGRESSIONAL RECORD — HOUSE July 16, 2013 these questions are not answered, the bring people together. For years, I’ve lest they slide uncharitably toward an American people will never know what been working in areas of protecting the inability to listen to one another and took place in Benghazi. pollinators. There are 250,000 little spe- work cooperatively to solve the impor- f cies that pollinate our food and help tant issues of our day. create $200 billion worth of food crops Give them the generosity of heart, THE FARM BILL AND worldwide. One in every three forks of and the courage of true leadership, to POLLINATORS foods that we eat is due to pollination, work toward a common solution, which The SPEAKER pro tempore. The as well as the flowers we enjoy, fruits, might call for compromise, even sac- Chair recognizes the gentleman from chocolate, and even tequila. Many of rifice on both sides. We pray that their Oregon (Mr. BLUMENAUER) for 5 min- these things depend on these humble work results not in solutions where utes. workers. Yet we’ve watched real some are winners and some losers, but Mr. BLUMENAUER. Last week’s threats to the critical habitat for polli- where all Americans know in their farm bill debacle in the House of Rep- nators. I’m hopeful that we can add a hearts that we are winners. resentatives highlighted a fundamental simple, nonpartisan provision that will May all that is done this day be for disconnect. My friends in the Repub- make a difference for these protec- Your greater honor and glory. lican majority felt that nutrition for tions. Amen. poor people was not a priority because Neonicotinoids are insecticides which f they were concerned about increasing have been linked to large bee die-offs. government dependence for lower-in- In one instance, it happened to 50,000 THE JOURNAL come Americans. bees in Oregon last week. These insec- The SPEAKER. The Chair has exam- Yes, there are more people receiving ticides have been banned for 2 years in ined the Journal of the last day’s pro- SNAP, or what we used to call food Europe. I’m hopeful that as the farm ceedings and announces to the House stamp benefits, because that’s how the bill goes forward, we can address put- his approval thereof. system is supposed to work. After our ting a temporary ban on their sale here Pursuant to clause 1, rule I, the Jour- Nation suffered a near collapse of the in the United States, taking a deeper nal stands approved. economy, and with a much larger popu- dive on the impact they have on polli- f lation of over 313 million people, we nators and, indeed, on the entire food would expect that, in the face of per- chain for this very persistent substance PLEDGE OF ALLEGIANCE sistent unemployment and job loss, that has the potential of affecting the more people would be on food stamps. The SPEAKER. Will the gentle- impact not just of the health of bees woman from North Carolina (Ms. FOXX) We want them to get this assistance. It but of our families as well. I’m also helps those families and it helps the come forward and lead the House in the hopeful that we’ll have a farm bill that Pledge of Allegiance. economy. can include low- or no-cost provisions Yet, by the same action, my friends Ms. FOXX led the Pledge of Alle- like pollinating protection to bring giance as follows: passed the most expensive farm bill people together to strengthen agri- I pledge allegiance to the Flag of the provisions in our Nation’s history. Just culture. These are vital parts of nature like the direct payment program, United States of America, and to the Repub- and of our food chain. lic for which it stands, one nation under God, which gave 75 percent of the payments In the past, the farm bill wasn’t a indivisible, with liberty and justice for all. to 10 percent of all farmers, the new partisan battlefield. If we can focus on f price targets and crop insurance pro- providing help for people who need it grams manipulate the market, con- the most, rather than lavish subsidies ANNOUNCEMENT BY THE SPEAKER centrate wealth in the hands of the for people that need it the least, and few, and fail to implement any basic The SPEAKER. Under clause 5(d) of focus on innovation, conservation, and, rule XX, the Chair announces to the reforms such as means testing and pay- yes, pollinator protection, things like ment limits. The irony was not lost on House that, in light of the resignation this can strengthen our food supply, of the gentleman from Massachusetts many who watched the price tag go up save money, protect the environment, and the benefits be concentrated in the (Mr. MARKEY), the whole number of the and maybe enable us to make some House is 434. hands of those who need it the least. progress in an area so far that looks The bill lacked meaningful reform. embarrassingly remote. f The long overdue elimination of direct JOBS REPORT MISLEADING payments was coupled with a lavish in- f crease in a new entitlement, shallow RECESS (Mr. WILSON of South Carolina loss provisions of crop insurance. It asked and was given permission to ad- The SPEAKER pro tempore. Pursu- dress the House for 1 minute and to re- locked in the currently high com- ant to clause 12(a) of rule I, the Chair modity prices as a threshold going for- vise and extend his remarks.) declares the House in recess until 2 Mr. WILSON of South Carolina. Mr. ward. There were additional direct pay- p.m. today. ments for cotton and a refusal to re- Speaker, according to Investor’s Busi- Accordingly (at 12 o’clock and 11 ness Daily: form egregious sugar provisions. Sub- minutes p.m.), the House stood in re- sidies for wealthy farmers are sup- cess. From the media to Wall Street, June’s jobs ported over innovation, research, and report is being spun as a major positive, a conservation. The bill lavished support f sign the economy is back on track. Maybe on those that needed it the least, while the pundits should look at the actual num- b 1400 bers, which are abysmal. At June’s pace of stripping out nutrition support AFTER RECESS 195,000 new jobs a month, it will take 11 through the SNAP program, because months to get back to where we were in 2007. they didn’t want to foster dependence, The recess having expired, the House It’s even worse when you consider all of the all while a blind eye was turned to was called to order by the Speaker at 2 net addition to June jobs—repeat, all—were abuses in the lavish crop insurance pro- p.m. part time. The underemployment rate shot gram where fraud is 50 percent higher f up from 13.8 to 14.3 percent. This isn’t a solid than in the maligned SNAP, or food jobs report. It’s a crisis. stamp program. PRAYER House Republicans have passed legis- I am hopeful that if this bill goes on The Chaplain, the Reverend Patrick lation to promote jobs. Building the to conference, we’ll be able to reduce J. Conroy, offered the following prayer: Keystone pipeline alone can create the costs, provide adequate support by Eternal God, we give You thanks for nearly 200,000 jobs. In the Midlands of reinstituting nutrition programs, and giving us another day. South Carolina, the earthmover tires address long overdue reform for crop We ask discernment for the Members made by Michelin Corporation are insurance. of this people’s House, that they might shipped to Alberta, Canada, for oil sand At the same time, there would be judge anew their adherence to prin- recovery. At 12 feet high and $60,000 for some provisions that could actually ciple, conviction, and commitment, each tire, there are over 300 jobs in

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.002 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4491 Lexington, with another 300 persons when ObamaCare is replaced by com- While I wish they had realized this building engines for Alberta at MTU in petitive, patient-centered health care before spending so much time and so Graniteville of Aiken County. reforms. much money on getting the law passed, In conclusion, God bless our troops, The American people and the Amer- at this point I couldn’t agree with and we will never forget September the ican economy deserve better than ex- them more. 11th in the global war on terrorism. cuses for unworkable laws. They de- This week, it is very important that Happy 40th birthday today, South serve health care policies that are we pass the bills to delay the indi- Carolina Attorney General Alan Wil- transparent, responsive, and focused on vidual mandate and delay the employer son. them. This week, House Republicans mandate for a year. This will give us f will take action to protect every Amer- time to consider how to keep the Af- ican—individuals, families, and those fordable Care Act from destroying our THE OBAMACARE TRAIN WRECK who manage or work with businesses— economy. (Mr. BOEHNER asked and was given from the President’s costly broken law. To quote the union’s letter: permission to address the House for 1 If the employer mandate is being de- Time is running out. We have a problem. minute.) layed, so should the individual man- You need to fix it. The unintended con- Mr. BOEHNER. Mr. Speaker, my col- date. It’s basic fairness. It’s fairness for sequences of the Affordable Care Act are se- leagues, building a stronger economy all. vere. for all Americans is our top priority f Further quoting: here in the House. That’s why we’re WEST, TEXAS We can no longer stand silent in the face of working to simplify the Tax Code, ex- the elements of the Affordable Care Act that pand energy production, and hold the (Mr. FLORES asked and was given will destroy the very health care and well- administration accountable for abuses permission to address the House for 1 being of millions of hardworking Americans. at agencies like the IRS. It’s why, minute.) By passing these two bills this week, while Senate Democrats have done Mr. FLORES. Mr. Speaker, tomorrow we will take an important step in mini- nothing, the House has passed a bipar- marks the 3-month anniversary of the mizing the damage from the Affordable tisan plan to make college more afford- fertilizer plant explosion in West, Care Act. able. And it’s why we’ll vote tomorrow Texas. This catastrophic event injured f to make sure that families and individ- hundreds, took 15 lives, and cost tens uals get the same break from of millions of dollars in damage. Since COMMUNICATION FROM THE ObamaCare that the President wants that tragic day, the State of Texas and CLERK OF THE HOUSE for big businesses. the entire community of West have The SPEAKER pro tempore (Mr. Over the weekend, the Democratic been working tirelessly to rebuild and BENTIVOLIO) laid before the House the leader in the Senate said the Presi- to recover. following communication from the dent’s health care law ‘‘has been won- FEMA originally denied Texas Gov- Clerk of the House of Representatives: derful’’ for our country. Are you kid- ernor Rick Perry’s request for a major JULY 16, 2013. ding me? If ObamaCare is so wonderful, disaster declaration. Since then, the Hon. JOHN A. BOEHNER, why are health care prices exploding? Governor has filed an appeal for the Speaker, House of Representatives, Why are millions of Americans getting President to reconsider this decision. I Washington, DC. kicked out of their plans? Why are so am pleased to be joined by a substan- DEAR MR. SPEAKER: Pursuant to the per- many workers losing their jobs or get- tial bipartisan majority of the Texas mission granted in Clause 2(h) of Rule II of ting their hours cut? congressional delegation as we urge the the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- The law isn’t wonderful. It’s a train President to support this appeal on be- sage from the Secretary of the Senate on wreck. You know it, I know it, and the half of the citizens of West and July 16, 2013 at 1:25 p.m.: American people know it. Even the McLennan County. Appointments: President knows it. That’s why he pro- It is our hope that the President hon- World War I Centennial Commission posed delaying his mandate on employ- ors the commitment he made on April With best wishes, I am ers. 25—to help the citizens of West recover, Sincerely, But it’s unfair to protect big busi- rebuild, and reclaim their community. KAREN L. HAAS. nesses without giving the same relief We must help ease the burdens this f to American families and small busi- community continues to face through COMMUNICATION FROM THE nesses. The bills by Congressman TIM the recovery process. DEMOCRATIC LEADER GRIFFIN and TODD YOUNG will address Mr. Speaker, I ask that all Ameri- this problem by delaying both the em- cans keep the community of West in The SPEAKER pro tempore laid be- ployer mandate and the individual their prayers. God bless America. fore the House the following commu- nication from the Honorable NANCY mandate. I hope Democrats and Repub- f licans alike will vote to do what’s fair PELOSI, Democratic leader: THE PRESIDENT’S HEALTH CARE and protect all Americans from this HOUSE OF REPRESENTATIVES, MANDATE DELAYS disastrous law. Washington, DC, July 15, 2013. Hon. JOHN BOEHNER, f (Mr. BURGESS asked and was given permission to address the House for 1 Speaker, U.S. Capitol, OBAMACARE Washington, DC. minute and to revise and extend his re- DEAR SPEAKER BOEHNER: Pursuant to sec- (Ms. FOXX asked and was given per- marks.) tion 13101 of the Health Information Tech- mission to address the House for 1 Mr. BURGESS. Mr. Speaker, some of nology for Economic and Clinical Health minute.) the Affordable Care Act’s oldest and (HITECH) Act (P.L. 111–5), I hereby re- Ms. FOXX. Mr. Speaker, employers strongest supporters are now coming appoint Mr. Paul Egerman of Weston, Massa- need more than a 1-year delay of out against the bill. Yesterday, the chusetts to the HIT Policy Committee for a ObamaCare’s economic train wreck. three largest unions in the country term of three years. Thank you for your attention to this ap- The President’s flawed legislation must wrote a letter to Speaker PELOSI and pointment. be repealed in its entirety. Leader REID and said that the Presi- Sincerely, ObamaCare is already increasing dent’s health care takeover would ‘‘de- NANCY PELOSI, health care costs, depressing hiring, stroy the foundation of the 40-hour Democratic Leader. and destroying full-time work. Waiting workweek that is the backbone of the f a year to implement some of its con- American middle class.’’ Their con- fusing, wrongheaded policies will not cern—my concern—is that the em- RECESS stop the damage or provide job creators ployer mandate will force small busi- The SPEAKER pro tempore. Pursu- with the certainty they need to figure nesses to move their employees to part ant to clause 12(a) of rule I, the Chair out whether they can afford to keep time in an effort to avoid additional declares the House in recess until ap- their employees. That will come only expenses. proximately 5 p.m. today.

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.005 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4492 CONGRESSIONAL RECORD — HOUSE July 16, 2013 Accordingly (at 2 o’clock and 11 min- TION.—The Administrator shall advance the Mr. Speaker, I rise in support of H.R. utes p.m.), the House stood in recess. safety and continued development of small air- 1848, the Small Airplane Revitalization planes by reorganizing the certification require- f Act of 2013. ments applicable to small airplanes to streamline I’d like to commend my colleague, b 1700 the approval of safety advancements. (b) REGULATIONS.—The Administrator shall Congressman MIKE POMPEO, for intro- AFTER RECESS issue a final rule based on the FAA’s Part 23 ducing this bill, along with Congress- The recess having expired, the House Reorganization Aviation Rulemaking Committee men DAN LIPINSKI, SAM GRAVES, RICH- was called to order by the Speaker pro (established in August 2011) by December 31, ARD NOLAN, and TODD ROKITA. tempore (Mr. HOLDING) at 5 p.m. 2015. The final rule shall meet the following ob- I will insert into the RECORD a letter jectives of the Part 23 Committee: f of support for H.R. 1848 from the Air- (1) Create a regulatory regime for small air- craft Owners and Pilots Association, planes that will improve safety and decrease ANNOUNCEMENT BY THE SPEAKER Experimental Aircraft Association, PRO TEMPORE certification costs. (2) Set broad, outcome-driven safety objectives General Aviation Manufacturers Asso- The SPEAKER pro tempore. Pursu- that will spur innovation and technology adop- ciation, National Air Transportation ant to clause 8 of rule XX, the Chair tion. Association, and National Business will postpone further proceedings (3) Replace current, prescriptive requirements Aviation Association, as well as a sepa- today on motions to suspend the rules contained in FAA rules with performance-based rate letter of support from the Na- on which a recorded vote or the yeas regulations. tional Air Traffic Controllers Associa- (4) Use FAA-accepted consensus standards to and nays are ordered, or on which the clarify how the part 23 safety objectives may be tion. vote incurs objection under clause 6 of met by specific designs and technologies. Mr. Speaker, we’re considering H.R. rule XX. (c) CONSENSUS-BASED STANDARDS.—The Ad- 1848 today because general aviation is Record votes on postponed questions ministrator shall use acceptable consensus-based vital to our country. The general avia- will be taken later. standards whenever possible in the spirit of the tion industry includes nearly 600,000 pi- f National Technology Transfer and Advance- lots, employs 1.3 million people, and ment Act of 1996 (15 U.S.C. 3701 note), while contributes approximately $150 billion SMALL AIRPLANE continuing traditional methods for meeting part annually to the U.S. economy. In fact, REVITALIZATION ACT OF 2013 23. the general aviation industry is one of Mr. PETRI. Mr. Speaker, I move to (d) SAFETY COOPERATION.—The Administrator shall lead the effort to improve general aviation the few remaining U.S. manufacturing suspend the rules and pass the bill safety by working with leading aviation regu- industries that provide a trade surplus (H.R. 1848) to ensure that the Federal lators to assist them in adopting a complemen- for the U.S., and it has a presence in Aviation Administration advances the tary regulatory approach for small airplanes. every one of our 435 Congressional dis- safety of small airplanes, and the con- SEC. 4. DEFINITIONS. tricts. tinued development of the general In this Act, the following definitions apply: However, over the last several dec- aviation industry, and for other pur- (1) ADMINISTRATOR.—The term ‘‘Adminis- ades, the general aviation industry has poses, as amended. trator’’ means the Administrator of the Federal Aviation Administration. experienced unique challenges, includ- The Clerk read the title of the bill. ing a steady decline in new pilots, The text of the bill is as follows: (2) CONSENSUS STANDARDS.—The term ‘‘con- sensus standards’’ means standards developed flight activity, and the sale of new air- H.R. 1848 by voluntary organizations which plan, develop, craft. In part, these challenges are due Be it enacted by the Senate and House of Rep- establish, or coordinate voluntary standards to overly prescriptive and outdated resentatives of the United States of America in using agreed-upon procedures, both domestic certification processes, which greatly Congress assembled, and international. These standards include pro- increase the costs of bringing new SECTION 1. SHORT TITLE. visions requiring that owners of relevant intel- This Act may be cited as the ‘‘Small Airplane lectual property agree to make that intellectual products to market and, ultimately, in- Revitalization Act of 2013’’. property available on a nondiscriminatory, roy- crease the costs for consumers. SEC. 2. FINDINGS. alty-free or reasonable-royalty basis to all inter- The bill before us is intended to ad- Congress finds the following: ested parties. These bodies have the attributes of dress these challenges by streamlining (1) A healthy small aircraft industry is inte- openness, balance of interest, due process, an the certification process for small air- gral to economic growth and to maintaining an appeals process, and consensus. planes, making it more efficient and ef- effective transportation infrastructure for com- (3) FAA.—The term ‘‘FAA’’ means the Federal fective, while also protecting the im- munities and nations around the world. Aviation Administration. portant safety oversight function of (2) Small aircraft comprise nearly 90 percent (4) GENERAL AVIATION.—The term ‘‘general of FAA type certified general aviation aircraft. aviation’’ means all aviation activities other the FAA. (3) General aviation provides for the cultiva- than scheduled commercial airline operations The goal is to improve safety at a tion of a workforce of engineers, manufacturing and military aviation. fraction of the cost. For example, the and maintenance professionals, and pilots, who (5) PART 23.—The term ‘‘part 23’’ means part leading cause of fatalities in general secure the Nation’s economic success and de- 23 of title 14, Code of Federal Regulations. aviation is due to ‘‘loss of control.’’ fense. (6) SMALL AIRPLANE.—The term ‘‘small air- There are several existing technologies (4) General aviation contributes to well-pay- plane’’ means FAA type certificated airplanes available to mitigate loss of control, ing manufacturing and technology jobs in the that meet the parameters of part 23 of title 14, United States, and these products are exported Code of Federal Regulations. such as an angle of attack indicator. However, in an FAA-certified airplane, in great numbers, providing a positive trade bal- The SPEAKER pro tempore. Pursu- the purchase and installation of this ance. ant to the rule, the gentleman from (5) Technology developed and proven in gen- equipment is about $5,000; whereas, the Wisconsin (Mr. PETRI) and the gentle- eral aviation aids in the success and safety of exact same piece of equipment in a woman from Nevada (Ms. TITUS) each all sectors of aviation and scientific competence. noncertified experimental airplane is will control 20 minutes. (6) The average small airplane in the United about $800. So right now, the FAA’s States is now 40 years old and the regulatory The Chair recognizes the gentleman complicated and costly small airplane barriers to bringing new designs to market are from Wisconsin. resulting in a lack of innovation and investment certification process provides a dis- GENERAL LEAVE in small airplane design. incentive to certify new airplanes and (7) Over the past decade, the United States Mr. PETRI. Mr. Speaker, I ask unani- safety equipment. This is just one ex- has typically lost 10,000 active private pilots per mous consent that all Members may ample of how the Small Airplane Revi- year, partially due to a lack of cost-effective, have 5 legislative days in which to re- talization Act will improve safety at a new small airplanes. vise and extend their remarks and in- fraction of the cost. (8) General aviation safety can be improved by clude extraneous materials on H.R. modernizing and revamping the regulations for Mr. Speaker, I reserve the balance of 1848. my time. this sector to clear the path for technology The SPEAKER pro tempore. Is there adoption and cost-effective means to retrofit the AOPA, EAA, GAMA, NATA, NBAA, existing fleet with new safety technologies. objection to the request of the gen- July 9, 2013. SEC. 3. FAA SAFETY AND REGULATORY IMPROVE- tleman from Wisconsin? DEAR MEMBERS OF THE HOUSE COMMITTEE MENTS FOR GENERAL AVIATION. There was no objection. ON TRANSPORTATION AND INFRASTRUCTURE: (a) ESTABLISHMENT OF FAA SAFETY AND REG- Mr. PETRI. I yield myself such time We write in support of the Small Aircraft ULATORY IMPROVEMENTS FOR GENERAL AVIA- as I may consume. Revitalization Act (H.R. 1848). We urge you

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.008 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4493 to support passage of the measure when it is Mr. Speaker, prior to the Part 23 Kansas. We made parts for the thriving marked up by the House Transportation and ARC, the agency’s most recent com- aircraft industry, but the downturn in Infrastructure Committee on Wednesday, prehensive review of part 23 was almost 2008 was a tremendous blow to Wichita, July 10, 2013. H.R. 1848 directs the Federal Aviation Ad- 30 years ago, in 1984. Part 23 has not in particular, and general aviation, ministration (FAA) to modernize and revamp kept up with the times. These regula- more generally. We experienced thou- the regulatory structure for small, certified tions are prescriptive in nature, often sands and thousands of layoffs and dra- aircraft—commonly referred to as Part 23 written to address out-of-date tech- matic downsizing all across the region. Aircraft—by December 31, 2015. This legisla- nologies. As a result, they are creating The downturn exacerbated the unique tion will help industry and FAA develop and cost barriers for certifying new air- challenges that the lighter, entry-level adopt more effective, consensus based com- planes and retrofitting older aircraft segment of general aviation had been pliance standards that will spur manufactur- ers’ investment in new aircraft designs and with new safety-enhancing modifica- experiencing over the past several dec- help put critical lifesaving equipment into tions. The need to improve the process ades. the existing fleet of airplanes. This will im- for retrofitting older aircraft is par- Today, the average general aviation prove safety and also revitalize the lighter ticularly urgent, given the 40-year-old airplane is 40 years old. That means end of general aviation which has faced sig- average age of the U.S. general avia- most of the new aircraft were built in nificant challenges in recent years. tion fleet. Small airplane manufactur- the 1960s and 1970s, with designs of that H.R. 1848 is based on the recommendations ers and part suppliers across the coun- same vintage. Current general aviation of a recently completed FAA Aviation Rule- making Committee (ARC). The ARC devel- try are limited in their ability to inno- production represents less than 2 per- oped these recommendations over an eight- vate with new technology because of cent of the existing fleet. een month period with input from over 150 these outdated regulations. This bill We’ve had an over 10,000-person-per- government and industry experts from will allow these manufacturers to inno- year decline in active private pilots around the world. The FAA and the general vate more quickly and bring more safe- over this last decade. The steady de- aviation community have identified imple- ty technology online. cline in new pilots, flight activity, and mentation of these recommendations as key H.R. 1848 will fast-track the Part 23 the sales of new small general aviation to improving general aviation safety. airplanes that result from that are in- H.R. 1848 has broad, bipartisan support and ARC’s work by requiring the FAA to merits favorable consideration by members draft a new regulation that emphasizes dicators of significant problems in the of the House Transportation and Infrastruc- performance-based safety objectives. industry. ture Committee. Thank you in advance for These new regulations make the ret- To tackle this problem, this bill, the your consideration of the Small Aircraft Re- rofit of new technology more straight- Small Aircraft Revitalization Act, re- vitalization Act. forward and also remove barriers to quires the FAA to implement the Sincerely, bringing new, safer airplane designs to FAA’s part 23 certification process and Aircraft Owners and Pilots Association market. It will help small business, and modernize it no later than 2015. The (AOPA), Experimental Aircraft Asso- FAA Part 23 Reorganization Aviation ciation (EAA), General Aviation Manu- I urge support. facturers Association (GAMA), Na- I reserve the balance of my time. Rulemaking Committee (ARC), com- tional Air Transportation Association Mr. PETRI. Mr. Speaker,I yield such posed of aviation authorities and in- (NATA), National Business Aviation time as he may consume to our col- dustry representatives from around the Association (NBAA). league from the Fourth District of world, has worked over the last 18 Kansas (Mr. POMPEO). months to create a regulatory environ- NATIONAL AIR TRAFFIC Mr. POMPEO. Mr. Speaker, I rise ment that will contribute to revital- CONTROLLERS ASSOCIATION (NATCA), today in support of the general avia- izing the health and safety of new and Washington, DC, July 9, 2013. tion industry and ask my fellow Mem- Good Afternoon. existing airplanes. NATCA supports H.R. 1848, the Small Air- bers to support the Small Aircraft Re- These changes will remove lots and craft Revitalization Act which is scheduled vitalization Act. This commonsense, lots of barriers and it will improve for mark up tomorrow by the House Trans- broadly bipartisan regulatory reform lives. Let me tell you how it will save portation and Infrastructure Committee. bill will spur economic growth, im- lives. H.R. 1848 is based on the recommendations of prove aviation safety, and help The gentleman from Wisconsin a recently completed Federal Aviation Ad- strengthen the health of the lighter, talked about safety and innovation ministration (FAA) Aviation Rule-making entry-level segment of the industry. being retarded by the absence of a Committee (ARC). We support H.R. 1848 and thank you in ad- Mr. Speaker, there is no better rea- streamlined regulatory process. He vance for your consideration. son to support this legislation than it spoke of this example of ‘‘loss of con- JOSE L. CEBALLOS, saves lives and improves lives. Think trol.’’ That creates more than three Director, Government Affairs. about that. We can do both in one fell times the cause of aviation accidents Ms. TITUS. I yield myself such time swoop. than any other single cause. as I may consume. Let’s first talk about how the bill im- Since the dawn of aviation, we’ve Mr. Speaker, I rise in support of H.R. proves lives. I represent Wichita, Kan- taught pilots how to avoid that; but be- 1848, the Small Airplane Revitalization sas. It is the Air Capital of the World. cause they remain a significant safety Act of 2013. H.R. 1848 would require the It is home to Cessna and Learjet and problem, there’s tremendous interest Federal Aviation Administration to up- Beechcraft and dozens and dozens and in technology and interventions to re- date its part 23 small airplane design dozens of suppliers to those great avia- solve it. And yet today’s part 23 makes regulations by December 31, 2015. tion businesses with such great avia- that more difficult. By putting these Last week, the Transportation and tion histories. It’s the home of the Na- technologies into the new and existing Infrastructure Committee ordered H.R. tional Institute for Aviation Research fleet, it’s widely believed that the safe- 1848 reported favorably to the House by and the National Center for Aviation ty of light general aviation aircraft a voice vote. Training. could see dramatic improvements. In June, an FAA-chartered Part 23 There are engineers, machinists, re- We need to cut this red tape. It will Aviation Rulemaking Committee, or searchers, flight instructors, fixed base create savings for sure, but, more im- ARC, submitted its comprehensive re- operators, among others, that all de- portantly, it will save lives. This is a port with recommendations for rewrit- pend on a healthy general aviation in- commonsense and important reform. ing and reorganizing part 23 to the dustry. And then there are the opera- America’s general aviation industry agency. Representatives from the FAA, tors in the industry and general avia- is not asking for a single handout, not international regulatory agencies, air- tion. This vital productivity tool for one subsidy. It’s simply asking for a craft manufacturers, general aviation both small and large companies is streamlined set of regulations that will pilot groups, and labor unions all par- critically important. permit them to get their airplanes, ticipated in the ARC. Its work followed Sixteen years ago, I joined the Kan- their designs to market more quickly, a 2009 FAA report on the Small Air- sas general aviation industry, building and still doing so safely. plane Certification Process and ful- a business with three of my colleagues, I want to thank Chairman SHUSTER filled requirements in section 312 of the founding a company called Thayer and Chairman LOBIONDO for their sup- FAA reauthorization bill. Aerospace, a machine shop in Wichita, port, and my original cosponsors, Mr.

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JY7.005 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4494 CONGRESSIONAL RECORD — HOUSE July 16, 2013 NOLAN, Mr. LIPINSKI, Mr. GRAVES of Bergstrom Airport, there are dozens of important legislation that will get the Missouri, and Mr. ROKITA, and all the smaller regional airports. FAA out of the way for small aircraft folks of the Transportation and Infra- Passing H.R. 1848 is not only impor- owners and manufactures. structure Committee on both sides of tant to those in general aviation, it is In my home state of Florida, general the aisle that have allowed this bill to vital. As my colleagues have men- aviation is a booming industry. We get this far and make it to the floor. tioned, this industry includes nearly have 130 public-use airports, nearly I urge support of all of my colleagues 600,000 pilots, employs 1.3 million peo- 52,000 pilots, and more than 25,000 gen- this evening and hope we’ll have a ple, and contributes approximately $150 eral aviation aircraft. Southwest Flor- unanimous vote on behalf of this bill. billion annually to the U.S. economy. ida, my home, is an especially popular Ms. TITUS. Mr. Speaker, I yield 3 But because the current regulations area for small aircraft. Anyone flying minutes to the gentleman from Min- are overly strict and dated, our econ- into the Fort Myers airport, over the nesota (Mr. NOLAN). omy and workforce is struggling. beautiful beaches and the big blue (Mr. NOLAN asked and was given General aviation fosters a robust Gulf—can appreciate why so many re- permission to revise and extend his re- workforce of engineers, manufacturers, tired Air Force and airline pilots move marks.) maintenance professionals, and pilots, to Florida and continue to take to the Mr. NOLAN. Mr. Speaker, first I’d and it is within the FAA’s power to en- skies. like to thank Representative POMPEO sure the success and sustainability of Unfortunately, the burdens placed on for sponsoring this important legisla- this important industry. They can do small aircraft manufacturers and own- tion. And of course, thanks to our this by modernizing the regulatory re- ers stop them from enjoying flying. Chairman SHUSTER and Ranking Mem- quirements to improve safety, decrease When government bureaucrats become ber RAHALL and to both my Democratic cost, and set new standards for compli- more focused on their own job security and Republican colleagues on the com- ance in testing, just as H.R. 1848 re- than the safety of pilots, it is time for mittee for bringing this Small Aircraft quires. a change. This important legislation Revitalization Act to the floor of the Mr. Speaker, I’m a small business- will save pilots money and time while Congress in such an expeditious and bi- man. I can tell you this is good for ensuring safety in our skies and it de- jobs, it’s good for the economy, and, partisan manner. serves your support. Mr. Speaker, by streamlining and most importantly, it’s good for Amer- The SPEAKER pro tempore. The ica. modernizing the rules and regulations question is on the motion offered by Ms. TITUS. Mr. Speaker, I yield 1 that govern our small aircraft indus- the gentleman from Wisconsin (Mr. minute to the gentleman from Georgia try, we’ll be encouraging the invest- PETRI) that the House suspend the (Mr. BARROW). ment necessary to generate thousands Mr. BARROW of Georgia. I thank the rules and pass the bill, H.R. 1848, as of new American jobs. gentlelady for yielding me the time. amended. b 1715 Mr. Speaker, I rise today in support The question was taken. The SPEAKER pro tempore. In the What this legislation does, in effect, of H.R. 1848, the Small Airplane Revi- talization Act of 2013. This bill im- opinion of the Chair, two-thirds being is put together a regulatory regime in the affirmative, the ayes have it. that will be specifically tailored for the proves safety, lowers costs, and stimu- lates private sector innovation, all Mr. POMPEO. Mr. Speaker, on that I small aircraft industry that will allow demand the yeas and nays. the industry to develop performance while cutting red tape. We need to do everything we can to The yeas and nays were ordered. and outcome-based ways of achieving keep our economy growing. For the The SPEAKER pro tempore. Pursu- important safety standards. It allows last year and a half, representatives ant to clause 8 of rule XX, further pro- them to put together consensus regula- from the Federal Aviation Administra- ceedings on this motion will be post- tions that are developed by industry, tion and the aviation industry have poned. government regulators, and private worked together to make recommenda- f nonprofit associations, and enables the tions for regulations that will keep us industry to unleash technologies of the DOUGLAS A. MUNRO COAST safe in the sky and grow our economy future, creating jobs. GUARD HEADQUARTERS BUILDING back on the ground. This bill adopts I’m so proud of Cirrus Aircraft in my those recommendations. Mr. PETRI. Mr. Speaker, I move to district in Duluth, Minnesota. They’ve I’m proud to stand with the bipar- suspend the rules and pass the bill developed a parachute that is attached tisan group of Congressmen who have (H.R. 2611) to designate the head- to the airplane and, like a skydiver, if helped bring this bill to the floor quarters building of the Coast Guard the airplane stalls in the sky, you can today, including Mr. POMPEO, Mr. on the campus located at 2701 Martin pull a ripcord and parachute the plane LIPINSKI, Mr. ROKITA, Mr. NOLAN, and Luther King, Jr., Avenue Southeast in down to safety. my cochair of the General Aviation the District of Columbia as the ‘‘Doug- These are the kinds of technologies Task Force, Mr. GRAVES. This bill fol- las A. Munro Coast Guard Head- that have the potential to be released lows in the tradition of the General quarters Building’’, and for other pur- through this legislation. What it does, Aviation Caucus in the House to work poses. in short, is enable the designers, engi- together in a bipartisan fashion. That’s The Clerk read the title of the bill. neers, manufacturers, creators, and the way things should be done around The text of the bill is as follows: skilled workers to release all their bril- here, and this bill is proof that good H.R. 2611 liance, creating the best, safest air- things can happen when Republicans Be it enacted by the Senate and House of Rep- plane technologies going forward into and Democrats work together. resentatives of the United States of America in the future. I encourage all my colleagues to sup- Congress assembled, So I applaud the committee and my port this legislation. SECTION 1. DESIGNATION. colleagues in Congress for bringing this Ms. TITUS. Mr. Speaker, I yield back The headquarters building of the Coast forward in such an expeditious manner, the balance of my time. Guard on the campus located at 2701 Martin and I strongly urge all my colleagues Mr. PETRI. Mr. Speaker, in closing, I Luther King, Jr., Avenue Southeast in the to support this important piece of leg- District of Columbia shall be known and des- would like to reiterate that this bill is ignated as the ‘‘Douglas A. Munro Coast islation. about good government, about creating Guard Headquarters Building’’. Mr. PETRI. Mr. Speaker, I yield such a regulatory environment that im- SEC. 2. REFERENCES. time as he may consume to the gen- proves safety at a fraction of the cost, Any reference in a law, map, regulation, tleman from the 25th District of Texas, and ultimately about helping to revi- document, paper, or other record of the Representative ROGER WILLIAMS. talize an American industry. United States to the building referred to in Mr. WILLIAMS. Mr. Speaker, the I strongly urge all of my colleagues section 1 shall be deemed to be a reference to general aviation industry is a vital to support this bill, and I yield back the ‘‘Douglas A. Munro Coast Guard Head- part of the economy in Texas’ 25th Dis- the balance of my time. quarters Building’’. trict. Between the Dallas/Fort Worth Mr. RADEL. Mr. Speaker, thank you The SPEAKER pro tempore. Pursu- International Airport and Austin- for the opportunity to speak on this ant to the rule, the gentleman from

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.013 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4495 Wisconsin (Mr. PETRI) and the gentle- I want to express my appreciation to the gentleman from Wisconsin (Mr. woman from the District of Columbia my good friends on the other side for PETRI) that the House suspend the (Ms. NORTON) each will control 20 min- promptly passing this bill in com- rules and pass the bill, H.R. 2611. utes. mittee last week and then seeing to it The question was taken. The Chair recognizes the gentleman that it got to the floor this week. The SPEAKER pro tempore. In the from Wisconsin. Munro died heroically on Point Cruz, opinion of the Chair, two-thirds being GENERAL LEAVE Guadalcanal, after succeeding in his in the affirmative, the ayes have it. Mr. PETRI. Mr. Speaker, I ask unani- volunteer assignment to evacuate a de- Mr. PETRI. Mr. Speaker, on that I mous consent that all Members may tachment of marines that had been demand the yeas and nays. have 5 legislative days in which to re- overwhelmed by the enemy. Signalman The yeas and nays were ordered. vise and extend their remarks and in- First Class Munro had an outstanding The SPEAKER pro tempore. Pursu- clude extraneous material on H.R. 2611. record as an enlisted man and was pro- ant to clause 8 of rule XX, further pro- The SPEAKER pro tempore. Is there moted rapidly through the various rat- ceedings on this motion will be post- objection to the request of the gen- ings to a signalman first class. In addi- poned. tion to being a Medal of Honor recipi- tleman from Wisconsin? f There was no objection. ent, Signalman First Class Munro was Mr. PETRI. Mr. Speaker, I yield my- also posthumously awarded the Purple AVAILABILITY OF PIPELINE SAFE- self such time as I may consume. Heart Medal and was eligible for the TY REGULATORY DOCUMENTS Mr. Speaker, the bill before us, H.R. American Defense Service Medal, the Mr. PETRI. Mr. Speaker, I move to 2611, would designate the United States Asiatic-Pacific Area Campaign Medal, suspend the rules and pass the bill and the World War II Victory Medal. Coast Guard headquarters in Wash- (H.R. 2576) to amend title 49, United He, indeed, was a hero. ington, D.C., as the Douglas A. Munro States Code, to modify requirements Signalman First Class Munro is an Coast Guard Headquarters Building. relating to the availability of pipeline Douglas Munro was born in Van- excellent example of the commitment to service and bravery that our men safety regulatory documents, and for couver, Canada, of American parents other purposes. on October 11, 1919, and grew up in and women of the Coast Guard still provide today, much of it here at home. The Clerk read the title of the bill. Washington State. He attended the The text of the bill is as follows: Central Washington College of Edu- It is an honor to be the lead sponsor of H.R. 2576 cation for a year and left to enlist in this bill to name the building in honor the United States Coast Guard in 1939. of a true American hero. Be it enacted by the Senate and House of Rep- The new Coast Guard headquarters resentatives of the United States of America in He served the country during World Congress assembled, War II, rising to the rank of signalman building that would be named for Sig- nalman First Class Douglas A. Munro SECTION 1. AVAILABILITY OF PIPELINE SAFETY first class. REGULATORY DOCUMENTS. Douglas Munro was killed in action will be a 1.1-million-square-foot build- ing and will house up to 3,700 members Section 60102(p) of title 49, United States at Guadalcanal on September 27, 1942, Code, is amended— shielding 500 United States marines of the U.S. Coast Guard and civilian (1) by striking ‘‘1 year’’ and inserting ‘‘3 from enemy fire during an evacuation. employees. This building, which will be years’’; He volunteered to head the boats for the first office building completed for (2) by striking ‘‘guidance or’’; and the evacuation, and he placed himself the Department of Homeland Security (3) by striking ‘‘, on an Internet Web site’’. headquarters consolidation, will mark and his boats as cover for the last ma- The SPEAKER pro tempore. Pursu- the first time that a Federal agency rine to leave. During this time, Doug- ant to the rule, the gentleman from will be located east of the Anacostia las Munro was fatally wounded. Re- Wisconsin (Mr. PETRI) and the gentle- River. portedly, he remained conscious long woman from Nevada (Ms. TITUS) each I believe Signalman First Class will control 20 minutes. enough to say four words: ‘‘Did they Douglas A. Munro’s outstanding serv- get off?’’ The Chair recognizes the gentleman ice to his country and his unique status from Wisconsin. Douglas Munro was awarded the as the only member of the U.S. Coast Medal of Honor and the Purple Heart. Guard to win the Medal of Honor en- b 1730 The bravery and sacrifice of Douglas sures that it is particularly fitting to Munro saved hundreds of marines, and GENERAL LEAVE name the new U.S. Coast Guard head- Mr. PETRI. Mr. Speaker, I ask unani- he should be honored and remembered. quarters the Douglas A. Munro Coast I think it’s appropriate to ensure that mous consent that all Members may Guard Headquarters Building. have 5 legislative days in which to re- he will always be remembered by nam- I urge my colleagues to support this vise and extend their remarks and in- ing the United States Coast Guard measure, and I want to say in closing, clude extraneous materials on H.R. headquarters in his honor. Mr. Speaker, that we honor Signalman 2576. Therefore, I support the passage of First Class Munro by naming a first this legislation, and I reserve the bal- class, extraordinary, state-of-the-art The SPEAKER pro tempore. Is there ance of my time. building after him. But in honoring objection to the request of the gen- Ms. NORTON. Mr. Speaker, I thank Signalman First Class Munro, I think tleman from Wisconsin? the gentleman for his remarks. we also honor members of the Coast There was no objection. The timing on this bill could not be Guard. These are, to coin a cliche, real Mr. PETRI. Mr. Speaker, I yield my- more appropriate. Later this month, unsung heroes in our society. They are self such time as I may consume. we will cut the ribbon for the new the men and women who save men and Mr. Speaker, I rise in support of the Coast Guard building, the first building women and children every year right bill before us, H.R. 2576. This bill is a the Coast Guard has ever owned. here in our country as part of their du- correction of an unintended con- Next month, Coast Guard employees ties here. In a real sense, when we sequence of the bipartisan Pipeline will begin moving into the building lo- name this building for the only Medal Safety, Regulatory Certainty, and Job cated on the old Saint Elizabeths Hos- of Honor winner, I think it will make Creation Act of 2011. It is sponsored by pital campus in southeast Washington, Americans understand there are many Chairman DENHAM of the Sub- D.C. It is only fitting that the Coast heroes of the Coast Guard who also committee on Railroads, Pipelines, and Guard should be moving into a building serve them every day of every year. Hazardous Materials, along with full named for one of their own, Signalman Mr. Speaker, I yield back the balance committee Chairman SHUSTER, Rank- First Class Douglas Albert Munro. Sig- of my time. ing Member RAHALL, and sub- nalman First Class Munro is the U.S. Mr. PETRI. Mr. Speaker, I urge my committee Ranking Member BROWN. Coast Guard’s only Medal of Honor re- colleagues to join me in supporting Last Congress, section 24 of the Pipe- cipient. The Coast Guard specifically this legislation, and I yield back the line Safety Act included a good-faith requested that I write this bill in time balance of my time. provision intended to make the pipe- for the opening of the Coast Guard The SPEAKER pro tempore. The line safety regulations and guidance of headquarters. question is on the motion offered by the Pipeline and Hazardous Materials

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.016 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4496 CONGRESSIONAL RECORD — HOUSE July 16, 2013 Safety Administration, or PHMSA, COMMITTEE ON TRANSPORTATION AND ministration, which noted many con- more transparent. It did so by requir- INFRASTRUCTURE, HOUSE OF REP- cerns of small businesses with the con- ing any document or portion thereof RESENTATIVES, tinued use of incorporation by ref- Washington, DC, July 11, 2013. incorporated by reference into the new erence. Hon. FRED UPTON, Since the workshop, several stand- regulations and guidance of PHMSA to Chairman, Committee on Energy and Commerce, be made available free of charge on the Washington, DC. ards development organizations have agreed in writing to electronically post Internet. In so doing, however, an unin- DEAR MR. CHAIRMAN: Thank you for your on the Internet all of the consensus tended consequence of this language letter regarding H.R 2576, a bill to amend standards that the Pipeline and Haz- was created that, contrary to the in- title 49, United States Code, to modify re- quirements relating to the availability of ardous Materials Safety Administra- tent of Congress, has adversely im- pipeline safety regulatory documents, and tion incorporates by reference into the pacted the ability of PHMSA to move for other purposes, which was ordered to be Federal pipeline safety regulations. forward with its regulatory agenda by reported out of the Committee on Transpor- Those include ASTM International, the placing practical barriers on PHMSA’s tation and Infrastructure on July 10, 2013. I Manufacturers Standardization Soci- ability to rely on the state-of-the-art appreciate your willingness to support expe- ety, the Gas Technology Institute, technical standards written by stand- diting floor consideration of this legislation. I acknowledge that by forgoing action on NACE International, the National Fire ards developing organizations, referred this legislation, the Committee on Energy Protection Association, the American to as SDOs. This bill simply corrects and Commerce is not waiving any of its ju- Petroleum Institute, the American Gas this unintended outcome and preserves risdiction and will not in any way be preju- Association. I will include their letters the intellectual property rights of diced with respect to the appointment of in the CONGRESSIONAL RECORD. these organizations while still meeting conferees or its jurisdictional prerogatives I also will insert letters from the the goals of a transparent government on this or similar legislation. Pipeline Safety Trust, Dakota Rural I appreciate your cooperation regarding Action, and Columbia law professor with free access to standards for non- this legislation and I will include our letters commercial purposes. Peter Strauss expressing the need for on H. R. 2576 in the Congressional Record public availability of the standards in during floor consideration of this bill. Specifically, the bill allows for stand- the RECORD. ards to be made free of charge but Sincerely, BILL SHUSTER, Unfortunately, some organizations strikes ‘‘on an Internet Web site,’’ Chairman. have expressed concerns about posting which allows PHMSA and SDOs more their standards on the Internet. This Ms. TITUS. Mr. Speaker, I yield my- has in turn held up progress of several leeway to comply with the law. It also self such time as I may consume. important safety rulemakings that gives industry and PHMSA extra time On January 3, 2012, President Obama were mandated in the 2011 pipeline law. to comply by making it effective 3 signed into law the Pipeline Safety, So in the spirit of bipartisanship, and years from enactment instead of 1 Regulatory Certainty, and Job Cre- year. not wanting to hold up the rulemaking ation Act of 2011. Section 24 of that act process, I believe the law should be Finally, the bill limits the applica- states that, effective January 3, 2013, modified to provide DOT with addi- bility of the provision to only pipeline the Secretary of Transportation may tional time to implement it and with safety organizations. I believe that this not issue ‘‘guidance or a regulation additional flexibility to determine how bipartisan technical correction will that incorporates by reference any doc- best to make the standards widely provide PHMSA with the flexibility uments or portions thereof unless the available to the public. I believe that, needed to continue to fully leverage its documents or portions thereof are even with these changes that are in the partnership with standards developing made available to the public free of law, the law will continue to address organizations and save the government charge or on an Internet Web site.’’ the transparency and openness con- money by not requiring PHMSA to de- Then, in the last Congress, the Sub- cerns of the safety community. velop its own technical standards for committee on Railroads, Pipelines, and Mr. Speaker, I yield back the balance Hazardous Materials held a number of rulemaking. of my time. hearings on pipeline safety, one of U.S. DEPARTMENT OF TRANSPOR- I reserve the balance of my time. which highlighted a current regulation TATION, PIPELINE AND HAZARDOUS HOUSE OF REPRESENTATIVES, that required pipeline operators to de- MATERIALS SAFETY ADMINISTRA- COMMITTEE ON ENERGY AND COMMERCE, velop and implement public education TION, Washington, DC, July 11, 2013. and awareness programs. The regula- Washington, DC, March 4, 2013. Hon. BILL SHUSTER, tion did not explain what should be Re incorporation by reference of voluntary Chairman, Committee on Transportation and contained in the education programs, consensus standards for pipeline safety Infrastructure, Washington, DC. regulations. however. Instead, it pointed readers to DEAR CHAIRMAN SHUSTER: I write con- an industry-developed standard. But in Mr. JAMES THOMAS, President, ASTM International, cerning H.R. 2576, a bill to amend title 49, order to read the standard, you had to United States Code, to modify requirements West Conshocken, PA. relating to the availability of pipeline safety pay the drafters more than $1,000. If DEAR MR. THOMAS: As you know, the prac- regulatory documents, and for other pur- you’re a small community, $1,000 is a tice of incorporating voluntary consensus poses, which was ordered to be reported out lot of money for access to just one of standards allows pipeline operators to use of your Committee on July 10, 2013. I wanted many pipeline safety standards. the most current industry technologies, ma- to notify you that the Committee on Energy I and many of my colleagues have terials, and management practices available on today’s market. New or updated standards and Commerce will forgo action on H.R. 2576 concerns about the Federal Govern- often further innovation and increase the use so that it may proceed expeditiously to the ment issuing a regulation that requires of new technologies that improve the safety House floor for consideration. whoever wants to read it—particularly and operations of pipelines and pipeline fa- This is being done with the understanding local communities, first responders, cilities. that the Committee on Energy and Com- and private citizens—to have to pur- On January 3, 2012, President Obama merce is not waiving any of its jurisdiction, chase it from a private association. signed into law the Pipeline Safety, Regu- and the Committee will not in any way be Fortunately, the 2011 act resolved this latory Certainty, and Job Creation Act of prejudiced with respect to the appointment 2011 (P.L. 112–90) (the Act). Section 24 of the situation. Act states that, effective January 3, 2013, of conferees or its jurisdictional prerogatives Following enactment of section 24, on this or similar legislation. PHMSA may not issue ‘‘guidance or a regu- DOT held a public workshop and lation that incorporates by reference any I would appreciate your response to this Webcast with more than 70 industry, documents or portions thereof unless the letter, confirming this understanding, and safety, and government representatives documents or portions thereof are made ask at a copy of our exchange of letters on present to discuss options for imple- available to the public, free of charge, on an this matter be included in the Congressional menting the new law. Nearly 200 other Internet Web site.’’ Record during consideration of H.R. 2576 on In support of Section 24 of the Act, we the House floor. entities participated in the Webcast. thank ASTM International (ASTM) for Sincerely, Additional comments were provided agreeing to electronically post on the Inter- FRED UPTON, through the Federal Register notice, net all ASTM consensus standards that Chairman. including by the Small Business Ad- PHMSA incorporates by reference into the

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federal pipeline safety regulations after Jan- The voluntary consensus standards devel- U.S. DEPARTMENT OF TRANSPOR- uary 3, 2013. It has also agreed to post on the oped by MSS play a critical role in safe- TATION, PIPELINE AND HAZARDOUS Internet any updated, revised, or new ASTM guarding pipeline safety, and PHMSA is tre- MATERIALS SAFETY ADMINISTRA- consensus standards that PHMSA proposes mendously appreciative of the constructive TION, during rulemaking to incorporate by ref- role MSS is playing in ensuring their contin- Washington, DC, March 4, 2013. erence. While ASTM has discretion in how ued use in the federal pipeline safety regula- Re incorporation by reference of voluntary they accomplish this objective, it has agreed tions. consensus standards for pipeline safety that, at a minimum, these voluntary con- regulations. After you review the terms of this agree- sensus standards will be: Electronically post- Ms. HELENA SEELINGER, ed on an Internet Web site; Available to the ment, please sign below and return a copy to PHMSA. If you have questions, please con- Senior Director, NACE International, public; and Free of charge. Houston, TX. ASTM has agreed to notify PHMSA imme- tact Mike Israni at 202–366–4571. Sincerely, DEAR MS. SEELINGER: As you know, the diately if it is no longer able or capable of practice of incorporating voluntary con- meeting the above minimum posting require- JEFFREY D. WIESE , Associate Administrator for Pipeline Safety. sensus standards allows pipeline operators to ments. We request that you also notify us if use the most current industry technologies, any standards are removed from your elec- materials, and management practices avail- tronic archives, if you have such an archives. U.S. DEPARTMENT OF TRANSPOR- able on today’s market. New or updated The voluntary consensus standards devel- TATION, PIPELINE AND HAZARDOUS standards often further innovation and in- oped by ASTM play a critical role in safe- MATERIALS SAFETY ADMINISTRA- crease the use of new technologies that im- guarding pipeline safety, and PHMSA is tre- TION, prove the safety and operations of pipelines mendously appreciative of the constructive Washington, DC, March 4, 2013. and pipeline facilities. role ASTM is playing in ensuring their con- Re incorporation by reference of voluntary On January 3, 2012, President Obama tinued use in the federal pipeline safety reg- consensus standards for pipeline safety signed into law the Pipeline Safety, Regu- ulations. regulations. latory Certainty, and Job Creation Act of After you review the terms of this agree- Mr. EDDIE JOHNSTON, 2011 (P.L. 112–90) (the Act). Section 24 of the ment, please sign below and return a copy to Managing Director, Gas Technology Institute, Act states that, effective January 3, 2013, PHMSA. If you have questions, please con- Des Plaines, IL. PHMSA may not issue ‘‘guidance or a regu- tact Mike Israni at 202–366–4571. lation that incorporates by reference any DEAR MR. JOHNSTON: As you know, the Sincerely, documents or portions thereof unless the practice of incorporating voluntary con- JEFFREY D. WIESE, documents or portions thereof are made sensus standards allows pipeline operators to Associate Administrator for Pipeline Safety. available to the public, free of charge, on an use the most current industry technologies, Internet Web site.’’ U.S. DEPARTMENT OF TRANSPOR- materials, and management practices avail- In support of Section 24 of the Act, we TATION, PIPELINE AND HAZARDOUS able on today’s market. New or updated thank NACE International (NACE) for agree- MATERIALS SAFETY ADMINISTRA- standards often further innovation and in- ing to electronically post on the Internet all TION, crease the use of new technologies that im- NACE consensus standards that PHMSA in- Washington, DC, March 4, 2013. prove the safety and operations of pipelines corporates by reference into the federal pipe- Re incorporation by reference of voluntary and pipeline facilities. line safety regulations after January 3, 2013. consensus standards for pipeline safety On January 3, 2012, President Obama It has also agreed to post on the Internet any regulations. signed into law the Pipeline Safety, Regu- updated, revised, or new NACE consensus Mr. ROBERT O’NEILL, latory Certainty, and Job Creation Act of standards that PHMSA proposes during rule- Executive Director, Manufacturers Standardiza- 2011 (P.L. 112–90) (the Act). Section 24 of the making to incorporate by reference. While tion society, Act states that, effective January 3, 2013, NACE has discretion in how they accomplish Vienna, VA. PHMSA may not issue ‘‘guidance or a regu- this objective, it has agreed that, at a min- DEAR MR. O’NEILL: As you know, the prac- lation that incorporates by reference any imum, these voluntary consensus standards tice of incorporating voluntary consensus documents or portions thereof unless the will be: Electronically posted on an Internet standards allows pipeline operators to use documents or portions thereof are made Web site; Available to the public; and Free of the most current industry technologies, ma- available to the public, free of charge, on an charge. terials, and management practices available Internet Web site.’’ NACE has agreed to notify PHMSA imme- on today’s market. New or updated standards diately if it is no longer able or capable of often further innovation and increase the use In support of Section 24 of the Act, we meeting the above minimum posting require- of new technologies that improve the safety thank the Gas Technology Institute (GT1) ments. We request that you also notify us if and operations of pipelines and pipeline fa- for agreeing to electronically post on the any standards are removed from your elec- cilities. Internet all GTI consensus standards that tronic archives, if you have such an archives. On January 3, 2012, President Obama PHMSA incorporates by reference into the The voluntary consensus standards devel- signed into law the Pipeline Safety, Regu- federal pipeline safety regulations after Jan- oped by NACE play a critical role in safe- latory Certainty, and Job Creation Act of uary 3, 2013. It has also agreed to post on the guarding pipeline safety, and PHMSA is tre- 2011 (P.L. 112–90) (the Act). Section 24 of the Internet any updated, revised, or new GTI mendously appreciative of the constructive Act states that, effective January 3, 2013, consensus standards that PHMSA proposes role NACE is playing in ensuring their con- PHMSA may not issue ‘‘guidance or a regu- during rulemaking to incorporate by ref- tinued use in the federal pipeline safety reg- lation that incorporates by reference any erence. While GTI has discretion in how they ulations. documents or portions thereof unless the accomplish this objective, it has agreed that, After you review the terms of this agree- documents or portions thereof are made at a minimum, these voluntary consensus ment, please sign below and return a copy to available to the public, free of charge, on an standards will be: Electronically posted on PHMSA. If you have questions, please con- Internet Web site.’’ an Internet Web site; Available to the public; tact Mike Israni at 202–366–4571. In support of Section 24 of the Act, we and Free of charge. Sincerely, JEFFREY D. WEISE, thank the Manufacturers Standardization GTI has agreed to notify PHMSA imme- Associate Administrator for Pipeline Safety. Society (MSS) for agreeing to electronically diately if it is no longer able or capable of post on the Internet all MSS consensus meeting the above minimum posting require- standards that PHMSA incorporates by ref- NACE INTERNATIONAL, ments. We request that you also notify us if erence into the federal pipeline safety regu- THE CORROSION SOCIETY, any standards are removed from your elec- lations after January 3, 2013. It has also Houston, TX, March 13, 2013. tronic archives, if you have such an archives. agreed to post on the Internet any updated, Mr. JEFFREY D. WIESE, The voluntary consensus standards devel- revised, or new MSS consensus standards Associate Administrator for Pipeline Safety, oped by GTI play a critical role in safe- that PHMSA proposes during rulemaking to U.S. Department of Transportation, Pipe- guarding pipeline safety, and PHMSA is tre- incorporate by reference. While MSS has dis- line and Hazardous Materials Safety Ad- mendously appreciative of the constructive cretion in how they accomplish this objec- ministration, Washington, DC. role GTI is playing in ensuring their contin- tive, it has agreed that, at a minimum, these DEAR JEFF: Thank you for your letter re- ued use in the federal pipeline safety regula- voluntary consensus standards will be: Elec- ceived on March 4, 2013, seeking agreement tions. tronically posted on an Internet Web site; by NACE International on action to be taken Available to the public; and Free of charge. After you review the terms of this agree- in concurrence with the Pipeline Safety, MSS has agreed to notify PHMSA imme- ment, please sign below and return a copy to Regulatory Certainty, and Job Creation Act diately if it is no longer able or capable of PHMSA. If you have questions, please con- of 2011 (PL. 112–90), Section 24. meeting the above minimum posting require- tact Mike Israni at 202–366–4571. NACE International agrees with the action ments. We request that you also notify us if Sincerely, requested in the letter, with a proviso that any standards are removed from your elec- JEFFREY D. WIESE, PHMSA will notify NACE International tronic archives, if you have such an archives. Associate Administrator for Pipeline Safety. prior to issuing proposed rulemaking that

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references NACE standards. This proviso is ENERGY API, AGA has agreed to notify PHMSA imme- made in response to the statement that STANDARDS DEPARTMENT, diately if it is no longer able or capable of NACE ‘‘. . . has also agreed to post on the Washington, DC, May 1, 2013. meeting the above minimum posting require- Internet any updated, revised, or new NACE Re incorporation by reference of voluntary ments. We request that you also notify us if consensus standards that PHMSA proposes consensus standards for pipeline safety any standards are removed from your elec- during rulemaking . . .’’ NACE has many regulations. tronic archives, if you have such an archives. standards available to NACE members, but Mr. JEFFREY D. WIESE, The voluntary consensus standards devel- publicly posts only standards that are ref- Associate Administrator for Pipeline Safety, oped by AGA play a critical role in safe- erenced by PHMSA. To ensure that NACE U.S. Department of Transportation, Pipe- guarding pipeline safety, and PHMSA is tre- proactively posts the NACE standards cov- line and Hazardous Materials Safety Ad- mendously appreciative of the constructive ered in our agreement, NACE personnel ministration, Washington, DC. role AGA is playing in ensuring their contin- would need to know of their IBR status from DEAR MR. WIESE: Thank you for your ued use in the federal pipeline safety regula- PHMSA. tions. Jeff, thank you for your service to pipeline March 4, 2013 letter regarding incorporation safety. by reference of voluntary consensus stand- After you review the terms of this agree- Kind regards, ards for pipeline safety regulations. As you ment, please sign below and return a copy to know, API made the decision in the fall of HELENA SEELINGER, PliMSA. If you have questions, please con- Sr. Director, Membership Services, 2010, well before the passage of the Pipeline tact Mike Israni at 202–366–4571. Public Affairs, & Standards. Safety, Regulatory Certainty, and Job Cre- Sincerely, ation Act of 2011, to place all of API’s JEFFREY D. WIESE, U.S. DEPARTMENT OF TRANSPOR- Govemment-cited and safety-standards on Associate Administrator for Pipeline Safety. TATION, PIPELINE AND HAZARDOUS API’s website for free public viewing. This site can be found at http://www.api.org/publi- Mr. PETRI. Mr. Speaker, I urge my MATERIALS SAFETY ADMINISTRA- colleagues to join me in supporting TION, cations. It is our understanding that this ac- Washington, DC, March 4, 2013. tion fully meets the intent of the Act. this legislation, and I yield back the Re incorporation by reference of voluntary It is API’s policy to maintain this website balance of my time. and to include on this website any API con- consensus standards for pipeline safety Ms. EDDIE BERNICE JOHNSON of Texas. regulations. sensus standards that PHMSA proposes dur- ing formal rulemaking to incorporate by ref- Mr. Speaker, I rise in support of H.R. 2576. Mr. JAMES SHANNON, erence into Federal regulations, to ensure This bill represents a commonsense tech- President, National Fire Protection Association, that all users of the website have access to nical fix to section 24 of the Pipeline Safety, Quincy, MA. API’s most up to date best industry prac- DEAR MR. SHANNON: As you know, the prac- Regulatory Certainty, and Job Creation Act of tices. tice of incorporating voluntary consensus 2011. Again, thank you for your letter of March standards allows pipeline operators to use 4, 2013, and please let me know if you have The changes made by H.R. 2576 will pro- the most current industry technologies, ma- any further questions. vide the Department of Transportation’s Pipe- terials, and management practices available Sincerely, on today’s market. New or updated standards line and Hazardous Materials Safety Adminis- often further innovation and increase the use DAVID MILLER. tration with the flexibility necessary to find a of new technologies that improve the safety Director, Standards. balanced solution between the use of stand- and operations of pipelines and pipeline fa- ards incorporated by reference in its safety cilities. U.S. DEPARTMENT OF TRANSPOR- TATION, PIPELINE AND HAZARDOUS regulations and the need to increase trans- On January 3, 2012, President Obama parency and access to those standards. signed into law the Pipeline Safety, Regu- MATERIALS SAFETY ADMINISTRA- latory Certainty, and Job Creation Act of TION, The National Technology Transfer and Ad- 2011 (P.L. 112–90) (the Act). Section 24 of the Washington, DC, March 4, 2013. vancement Act of 1995 requires federal agen- Act states that, effective January 3, 2013, Re incorporation by reference of voluntary cies to use voluntary consensus standards de- PHMSA may not issue ‘‘guidance or a regu- consensus standards for pipeline safety veloped by the private sector as part of any lation that incorporates by reference any regulations. documents or portions thereof unless the federal regulation rather than allow the agen- Ms. CHRISTINA SAMES, cies to create their own government specific documents or portions thereof are made Vice President, Operations and Engineering, available to the public, free of charge, on an American Gas Association, Washington, DC. standards. Internet Web site.’’ DEAR MS. SAMES: As you know, the prac- This law created a foundation for a public- In support of Section 24 of the Act, we tice of incorporating voluntary consensus private partnership that has been tremen- thank the National Fire Protection Associa- standards allows pipeline operators to use tion (NFPA) for agreeing to electronically dously beneficial. It has saved the federal gov- the most current industry technologies, ma- ernment money by drawing on the vast tech- post on the Internet all NFPA consensus terials, and management practices available standards that PHMSA incorporates by ref- on today’s market. New or updated standards nical expertise of the private sector and by erence into the federal pipeline safety regu- often further innovation and increase the use creating ‘‘buy-in’’ from the parties who will ulti- lations after January 3, 2013. It has also of new technologies that improve the safety mately be regulated—increasing compliance agreed to post on the Internet any updated, and operations of pipelines and pipeline fa- and lessening the cost of enforcement. revised, or new NFPA consensus standards cilities. that PHMSA proposes during rulemaking to While this partnership is extremely valuable On January 3, 2012, President Obama incorporate by reference. While NFPA has and should not be weakened in anyway, it is signed into law the Pipeline Safety, Regu- discretion in how they accomplish this ob- also important that the public have access to jective, it has agreed that, at a minimum, latory Certainty, and Job Creation Act of 2011 (P.L. 112–90) (the Act). Section 24 of the these standards, especially if they are going these voluntary consensus standards will be: make their way into a regulation. Electronically posted on an Internet Web Act states that, effective January 3, 2013, site; Available to the public; and Free of PHMSA may not issue ‘‘guidance or a regu- I believe there is a middle ground to be charge. lation that incorporates by reference any found here. In fact, the Administrative Con- NFPA has agreed to notify PHMSA imme- documents or portions thereof unless the ference of the United States offers a number diately if it is no longer able or capable of documents or portions thereof are made available to the public, free of charge, on an of recommendations that federal agencies meeting the above minimum posting require- should consider. ments. We request that you also notify us if Internet Web site.’’ any standards are removed from your elec- In support of Section 24 of the Act, we One such recommendation is that federal tronic archives, if you have such an archives. thank the American Gas Association (AGA) agencies should work with standards develop- The voluntary consensus standards devel- for agreeing to electronically post on the ment organizations to make their copyrighted oped by NFPA play a critical role in safe- Internet all AGA consensus standards that PHMSA incorporates by reference into the materials reasonably available to interested guarding pipeline safety, and PHMSA is tre- parties during the rulemaking process. This mendously appreciative of the constructive federal pipeline safety regulations after Jan- role NFPA is playing in ensuring their con- uary 3, 2013. It has also agreed to post on the could be accomplished by posting a read-only tinued use in the federal pipeline safety reg- Internet any updated, revised, or new AGA copy of the standard online for a limited period ulations. consensus standards that PHMSA proposes of time. After you review the terms of this agree- during rulemaking to incorporate by ref- The bottom line is DOT needs to find a path erence. While AGA has discretion in how ment, please sign below and return a copy to forward so that the safety of the nation’s pipe- PHMSA. If you have questions, please con- they accomplish this objective, it has agreed tact Mike Israni at 202–366–4571. that, at a minimum, these voluntary con- lines is not eroded and the most up-to-date Sincerely, sensus standards will be: Electronically post- standards are utilized. H.R. 2576 provides JEFFREY D. WIESE, ed on an Internet Web site; Available to the DOT with the flexibility to find that path. I urge Associate Administrator for Pipeline Safety. public; and Free of charge. my colleagues to support HR. 2576.

VerDate Mar 15 2010 06:27 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\A16JY7.029 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4499 Ms. BROWN of Florida. Mr. Speaker, when lations under which PHMSA operates finds DC be considered ‘‘free of charge’’ at no cost I was Chair of the Subcommittee on Railroads, the following numbers of incorporated stand- to the requester. ards: Again, we thank you for your efforts to en- Pipelines and Hazardous Materials, I held a courage public access and transparency re- number of hearings on pipeline safety, one of STANDARDS INCORPORATED BY REFERENCE IN 49 CFR garding the regulations that are meant to which highlighted an American Petroleum In- PARTS 192, 193, 195 protect their safety and the health of our stitute-developed (API) standard which was in- shared environment. (As of 6/9/2010) corporated by reference in a pipeline edu- Sincerely, cation and awareness regulation. But in order CFR Part Topic Standards* CARL WEIMER, Executive Director. to comprehend the regulation, interested par- 192 ...... Natural and Other Gas ...... 39 ties had to obtain the API standard, which cost 193 ...... Liquefied Natural Gas ...... 8 195 ...... Hazardous Liquids ...... 38 DAKOTA RURAL ACTION, more than $1,000. One thousand dollars is a Total ...... 85 WESTERN ORG. OF RESOURCE COUNCILS, lot of money, particularly for small commu- July 11, 2012. *Note: Some standards may be incorporated by reference in more than nities, local emergency responders, and pipe- one CFR Part. Re Docket ID PHMSA–2012–0142: imple- line safety advocates, for just one of the many menting incorporation by reference pipeline safety standards referenced in regula- Before passage of the Act most all of the 85 (IBR) requirements of section 24 standards that had been incorporated into tions issued by the Pipeline and Hazardous We regretfully are not able to attend the the rules had to be purchased if a member of public workshop on July 13 due to expenses Materials Safety Administration (PHMSA). the public wanted to know what the regula- Fortunately, Congress resolved the situation of travel. We request that you consider these tions required. PHMSA has estimated the comments as you would comments sub- in the Pipeline Safety, Regulatory Certainty, cost to purchase a set of these standards to mitted in person. and Job Creation Act of 2011. Section 24 of be between $8,500–$9,500. We the undersigned organizations are writ- the Act prohibited the Secretary of Transpor- The 2011 Act took the important step of en- ing to urge you to oppose any weakening or tation, effective January 3, 2013, from issuing suring public access to these standards by re- repeal of Section 24 of H.R. 2845, the ‘‘Pipe- ‘‘guidance or a regulation that incorporates by quiring that they be ‘‘made available to the line Safety, Regulatory Certainty and Job public, free of charge, on an Internet Web reference any documents or portions thereof Creation Act of 2011.’’ Section 24 assures that site.’’ This made good sense since web-based future agency pipeline safety rules that in- unless the documents or portions thereof are access is the most convenient and cost effec- corporate standards by reference will require made available to the public, free of charge, tive way for the government to share impor- that those standards be made publically on an Internet Web site.’’ tant information with the public. available for free on the Internet. Since enactment of the legislation, all but Unfortunately, what was not fully realized Western Organization of Resource Councils one organization has agreed in writing to elec- at the time this provision was passed, was (WORC) is a regional network of seven grass- tronically post on the Internet all of their con- the financial difficulties it could pose to roots community organizations with 10,000 sensus standards that PHMSA incorporates by some of the standard developing organiza- members and 38 local chapters: including Da- tions that have created a business model kota Rural Action in South Dakota, the Da- reference into the federal pipeline safety regu- based on selling such standards back to the kota Resource Council in North Dakota, and lations, including: regulated industries and the public. This cre- the Northern Plains Resource Council in ASTM International; The Manufacturers ated an uncomfortable conflict between what Montana, which have members affected by Standardization Society; The Gas Technology was right in terms of public access and the Keystone I pipeline and the proposed Institute; NACE International; The National transparency, and how to continue to en- Keystone XL pipeline. Fire Protection Association; The American Pe- courage private standards to be created and Dakota Rural Action is a grassroots family troleum Institute; The American Gas Associa- updated. agriculture and conservation group that or- In the end all the standard developing or- ganizes South Dakotans to protect our fam- tion. ily farmers and ranchers, natural resources Many other organizations have submitted ganizations but one, ASME, found a way to meet the obligations of the Act. We thank and unique way of life. We are a member letters to PHMSA expressing the need for these organizations for working hard to pro- group of WORC and represent over 950 South public availability of the standards. I ask unan- vide public access to their standards and the Dakotans across the state. Many of our imous consent that the letters from the Pipe- associated understanding and trust in the members in South Dakota have been directly line Safety Trust, Dakota Rural Action, and system. Unfortunately, to date ASME has impacted by numerous pipeline projects, Columbia Law Professor Peter Strauss be in- been unwilling to move forward to provide with anticipation of more being constructed. Representing the public interest, we strive cluded in today’s RECORD. transparency to their standards like all the other organizations have been willing to do. to create a more fair and open government. One organization, however, has expressed Secret laws, or a government that only al- concern about posting their standards on the This refusal on ASME’s part has caused many important pending rules to be poten- lows access to laws by a segment of the pub- Internet. This has, in turn, held up progress of lic able to pay for it, goes in direct opposi- tially put on hold since they contain ASME tion to the values of a participatory democ- several important safety rulemakings that were standards, which PHMSA cannot make avail- racy. Congress has repeatedly recognized the mandated in the 2011 pipeline law. able without ASME’s support and assistance. need for public access to information with So in an effort to move these important That brings us to where we are today, ex- the Administrative Procedures Act, the Fed- rulemakings forward, I believe the law should tending the implementation period for this eral Register Act, the National Technology be modified to provide DOT with additional important transparency issues from 1 to 3 Transfer and Advancement Act, the Elec- years to allow PHMSA to release pending time to implement it and with additional flexi- tronic Freedom of Information Act, and, rules and find a way to make all these stand- bility to determine how best to make the most recently, with Section 24 of the Pipe- ards ‘‘available free of charge’’ to the public. standards widely available to the public. line Safety, Regulatory Certainty and Job We hope that all the standard developing I believe that even with these changes the Creation Act of 2011. organizations that have designed ways to law will continue to address the transparency As of June 2010 there were 85 standards ref- freely share their standards don’t take this erenced in 46 CFR 192, 193, 195. For a citizen and openness concerns of the safety commu- delay as a sign of a lack of commitment to nity. to have access to these referenced standards this effort and remove their standards from they would have to pay private organizations I urge my colleagues to support H.R. 2576. public access. We also hope that ASME and upwards of $2,000. These associated costs are PIPELINE SAFETY TRUST, PHMSA will continue their discussions to an insurmountable burden for an average cit- Bellingham, WA, July 15, 2013. find a way to truly make these important izen, making it practically impossible for Hon. CORRINE BROWN, parts of the federal regulations easily and the public to knowledgeably comment in a Ranking Member, Subcommittee on Railroads, freely available to the public. rulemaking proceeding, or to propose Pipelines, and Hazardous Materials, U.S. We note that in H.R. 2576 the requirement changes to regulations that already incor- House of Representatives, Washington, DC. that these standards be made available ‘‘on porate referenced standards. Dear Ms. Brown: We would like to thank an Internet Web site’’ has been removed. There is no reasonable excuse for failing to the Transportation & Infrastructure Com- This may not be a significant change as long provide standards and supporting informa- mittee and the Energy & Commerce Com- as PHMSA fulfills the continuing Congres- tion that are part of existing or proposed mittee for their efforts during the passage of sional intent that these standards be ‘‘made regulations implementing federal law at no the Pipeline Safety, Regulatory Certainty, available to the public, free of charge.’’ charge to the public. The fact that these and Job Creation Act of 2011 (the 2011 Act) to Clearly ‘‘free of charge’’ means exactly what standards were developed by private associa- ensure that the public can actually freely it says, that a requester incurs no expense in tions of companies subject to the laws and read all the regulations that Congress man- obtaining any incorporated standard. In no regulations in question does not entitle the dates and that PHMSA then creates through way can the current PHMSA rule, as spelled regulated industry or any private entity the rulemaking process that could impact out in 49 CFR 192. 7 and 195.3, of requiring serving that industry to profit from exclu- public safety and the health of the environ- people who want to review a standard to sive access to information and language ment. A review of the Code of Federal Regu- travel to the PHMSA office in Washington meant to protect public health and safety.

VerDate Mar 15 2010 06:31 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JY7.031 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4500 CONGRESSIONAL RECORD — HOUSE July 16, 2013 Anything short of full implementation of mentary on possible revision of its circular some 300 trade associations, 130 professional Section 24 of the Pipeline Safety, Regulatory A–119; an FDMS docket of more than 60 and scientific societies, 40 general member- Certainty and Job Creation Act of 2011 would items resulted. A major new book thor- ship organizations, and at least 150 consortia amount to deliberate action by PHMSA to oughly explores the practice of standard-set- which together have set more than 50,000 block public participation in our govern- ting, with emphasis on implications for standards. . . . Spurred by competition, ment, directly contradicting the principles international trade but attention as well to these organizations have developed numer- and values of access and transparency of the the ways in which American practice differs ous standards of the highest technical qual- Administration and expressed by Congress in from that of European nations. ity, but the fragmentation also . . . results enacting section 24. From all these materials, a number of in conflicting standards and hence poor MEREDITH REDLIN, propositions fairly clearly emerge: interoperability . . . Chair, Dakota Rural The creation of voluntary consensus stand- ‘‘The shift of rulemaking to the inter- Action. ards had its origin in considerations quite national level turns this fragmentation into LANA SANGMEISTER, independent of governmental regulation, and a problem for the effectiveness of American Chair, Western Orga- they remain a necessary element of today’s interests in the global market place. Coordi- nization of Resource market economies, permitting market par- nation and cooperation do not arise sponta- Councils. ticipants to deal confidently with one an- neously among competing standard-setters, other. They are extremely valuable for this and . . . [there is] a long tradition of keeping reason. This reality is dominant, and is inde- COLUMBIA LAW SCHOOL, government at arms’ length. . . . In the ab- New York, NY, July 12, 2012. pendent of governmental use of standards for sence of government control or any other regulatory purposes. Indeed, it appears that Re PHMSA workshop in incorporation by central monitoring and coordinating agent, the great bulk of voluntary consensus stand- reference. the American system for product standard- ards are not incorporated into law, as such, ization is characterized by extreme plu- GENTLEFOLK: I appreciate the opportunity and for them no issue whatever of inhibition ralism and contestation. . . . ANSI remains to file these comments in support of your on copyright arises. To the extent SDO via- a weak institution, even though it formally workshop. If I may very briefly summarize bility depends on the sale of these standards, is the sole representative of U.S. interests in their gist, there are three important propo- it remains untroubled. The SDO commentary international standards organizations. . . . sitions I would impress on you: in the two FDMS dockets just mentioned Private U.S. standards organizations, which A sharp distinction should be drawn be- consistently obscures this reality. It is writ- derive 50 to 80 percent of their income from tween Standards Development Organization ten as if every standard SDOs produce is the sale of their proprietary standards docu- (SDO) standards that are genuinely ‘‘tech- threatened by the proposition that those ments . . . fear that a more centralized sys- nical’’ in character and those that, like the that are incorporated as law should be pub- tem would rob them of these revenues and API standards on public hazard warnings, licly available to those affected. eclipse their power and autonomy. . . . have a policy character that draws their By influencing the markets for affected ‘‘Rather than reach out to community inter- force from normative conclusions, not tech- goods, those who participate in the setting of ests, as European standards organizations do nical expertise, and may serve to promote- standards, may gain significant competitive ‘‘as a prerequisite for genuine openness and industrial interests. advantages over those who do not. This is due process. . . . most American standards It is important to distinguish as well be- particularly true for non-consensus stand- organizations contend that willingness to tween SDOs that are professionally centered ards and for industry-centered, corporate- pay is the best measure of interest in the and broadly representative of the areas for membership standards-generating organiza- process and see no need for financial assist- which they develop standards, and those tions like the American Petroleum Institute, ance,’’ and in some contexts the sum that that, like API, are industrial associations or, whose membership is more than 500 oil and must be paid—even by federal agencies wish- like Underwriters Laboratories, businesses natural gas companies. Industrial standard- ing to participate—is quite high. Some with an economic stake in the use of their setters like API may be contrasted to, say, American standard-setters, the American standards beyond supporting standards de- ASME—which has 125,000 members and no Petroleum Institute, for example, clearly velopment and publication—as by providing corporate members—or the many other SDOs present themselves as industry representa- necessary testing or certification services. having tens of thousands of individual, pro- tives. This is not too problematic for stand- Finally, and perhaps most importantly, fessional members. For the latter, the issue ards that serve only to govern technical one should distinguish between standards of possibly gaining a competitive advantage issues important to relations among indus- that are converted into legal obligations by is rarely present. It is more likely that the trial participants needing a confident basis the fact of their incorporation, and stand- interests of small businesses that will need for their dealing. Yet acceptance of industry ards that are simply identified in guidance to adhere to the standards adopted will be representatives as standard-setters is ques- or regulations as one means, but not the ex- represented and heard. Gaining competitive tionable in matters that are not technical in clusive and necessary means, by which inde- advantage may also be the result for an indi- nature and also involve public interests, pendently stated regulatory requirements vidual business, such as Underwriters Lab- such as pipeline hazard warnings or imposi- can be met. While the statute your workshop oratories, whose testing and certifying sub- tions on small businesses who are the nec- is concerned with addresses guidance docu- sidiaries may profit from the conversion of essary customers of the industry. ments as well as legal obligations, the ra- UL’s preferred standards into legal obliga- Competition benefits the users of stand- tionale for requiring free public access to the tions. ards only if adherence to them is not manda- former is much weaker. Once agency action European standards organizations are typi- tory. One way in which a standards organiza- has made conformity to a standard manda- cally organized along hierarchical lines, both tion can defeat its competitors under the tory, it is no longer a voluntary consensus national (the British Standards Institute) American system, and obtain a monopoly standard. Law is not properly subject to and European (CEN, CENELEC), so that on over standards (and their sale) is by having copyright; but guidance is not law. Perhaps any given matter, only one standard will them incorporated by reference, not as one ways can be found to achieve the effect of emerge. Their processes for generating means for regulatory compliance (as in Eu- guidance yet that will not require SDOs to standards involve wide participation by all rope) but as binding law, that must be com- surrender their understandable interest in interested groups—even to the extent that plied with and can result in sanctions if de- finding financial support for their standards- the participation of socially important but parted from. With that monopoly, too, the development activities through the sale of resource-poor groups may be subsidized. Eu- standards organization acquires the power to copyright-protected standards serving that ropean technical standards are typically charge a non-market price. The legislation role, and thus remaining voluntary con- framed as independent of the regulations to that is the subject of this hearing resulted sensus standards. which they relate, and are not in themselves from the exercise of just that power. One of The problem of incorporation by reference legally binding. Since they only serve to de- the comments in response to our petition to of standards development organization vol- fine one assured method for establishing reg- the Office of Federal Register for rulemaking untary standards into federal regulatory ma- ulatory compliance, not an exclusive meth- reports that another standards association terials has attracted significant attention in od, they merely create a presumption that was charging two-and-a-half times as much recent months. It was the subject of a major one complying with them has complied with for a standard that had been incorporated as study by the Administrative Conference of the substantive norms of the regulation. Al- law, as for its subsequent standard on the the United States, resulting in recommenda- though showing that one has met the stand- same matter, that had not yet been sub- tions drawing on an extensive study made by ard is usually the more efficient path to stituted for the first by amendatory rule- Emily Bremer, a staff attorney. Subse- demonstrating regulatory compliance, citi- making. Over half the incorporated stand- quently, on behalf of myself and others, I zens remain free to prove their compliance ards in CFR predate 1995. Since SDOs uni- filed a petition for rulemaking on the sub- in a different way. formly update their standards on a relatively ject with the Office of Federal Register. The pattern of standard setting in the short cycle, most if not all of these earlier, When OFR published this petition in the United States is ‘‘decentralized and charac- still incorporated standards will presump- Federal Register with requests for com- terized by extensive competition among tively have been replaced by the issuing ments, an FDMS docket of more than 160 many standard-setting bodies, operating SDO. Yet, if they are still law, they remain items resulted. Subsequently, OMB held a with little government oversight and no pub- mandatory. Sale of outdated but still com- workshop with NIST and sought com- lic financial support. . . . [It] comprises pulsory standards may improve the SDO’s

VerDate Mar 15 2010 06:27 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JY7.033 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4501 bottom line, but it cannot rationally be as- porting the continuing development of the stage of adoption, to standards whose in- cribed to the business model for sustaining standards. corporation by reference is used to create fresh standards development. Law is not subject to copyright. The Copy- legal obligations. The effect of that use of in- Commercial advantage also inheres in right Office knows this; it has been hornbook corporation is to transfer lawmaking into standards generated by businesses that prof- American law from the inception. The argu- private hands that operate in secret; and it from compliance determinations. On the ments here are most eloquently made in the ‘‘delegations of public power to private Comm2000 website where Underwriters Lab- FDMS docket comments of the ABA Section hands [undermine] the capacity to govern.’’ oratories offers its standards for sale, its of Administrative Law and Regulatory Prac- Respectfully submitted, Standard for Manual Signaling Boxes for tice, and would be tedious to repeat at PETER L. STRAUSS, Fire Alarm Systems, 52 pages long in all, length. Moreover, this proposition is wholly Betts Professor of Law. independent of the policy concerns SDOs costs $502 in hard-copy and $402 for a use-re- The SPEAKER pro tempore. The stricted pdf version; $998 ($798) purchases a raise to argue that it should not be the case. three year subscription that includes revi- It simply is the case and the consequence is question is on the motion offered by sions, interpretations, etc. However, the text that if an agency has converted a voluntary the gentleman from Wisconsin (Mr. of this standard incorporates by reference consensus standard into a legal obligation, it PETRI) that the House suspend the five other UL standards, whose purchase cannot fail to inform the public what is its rules and pass the bill, H.R. 2576. would add five times these amounts (as each legal obligation. (SDOs should perhaps for The question was taken. of these referenced standards is identically this reason resist agencies’ conversion of vol- The SPEAKER pro tempore. In the priced). And even this would not complete untary standards into legal obligations; and the question whether the agency must com- opinion of the Chair, two-thirds being the picture; one of these five referenced in the affirmative, the ayes have it. standards (746C, Standard for Polymeric Ma- pensate the SDO for doing so is an open one. terials—Use in Electrical Equipment Evalua- Some argue that the benefit to the SDO from Mr. PETRI. Mr. Speaker, on that I tions) itself references 27 unique others, the imprimatur of incorporation will exceed demand the yeas and nays. whose individual prices are often hundreds of any detriment to its bottom line— The yeas and nays were ordered. dollars higher—for a total cost well in excess incorporations typically involves only part The SPEAKER pro tempore. Pursu- of $10,000. Standards in the libraries of pro- of the standard involved, and most busi- ant to clause 8 of rule XX, further pro- fessional engineering SDOs are more likely nesses will wish to purchase the standards in ceedings on this motion will be post- their full, convenient form. Moreover, incor- to sell in the $50 range. Comments in the poned. FDMS dockets tend to assert that all stand- porated standards make up only a fraction of ards are sold at reasonable prices, without an SDO’s armamentarium.) When Minnesota f giving concrete details. Neither OFR nor the enacted the Uniform Commercial Code, the incorporating agency exercises control over ALI (its drafter) retained its copyright for RECESS the reasonableness of price at the moment of purposes of selling the UCC as such, but Min- The SPEAKER pro tempore. Pursu- incorporation. And, once incorporation has nesota was obliged to make its new code pub- ant to clause 12(a) of rule I, the Chair occurred, any opportunity for price control lic, and was not obliged to pay ALI when it did so. declares the House in recess until ap- by the OFR or the incorporating agency van- proximately 6:30 p.m. today. ishes. Of course, if standards were treated When an agency proposes incorporation by merely as guidance, not law, market forces reference that will create legal obligations, Accordingly (at 5 o’clock and 37 min- would operate as one control; and agencies it is strongly arguable that it must at that utes p.m.), the House stood in recess. time make the standard proposed to be in- could more freely remove a standard from its f compliance guidance if persuaded its price corporated available to commenters in the had become unreasonable—either in general, rulemaking process. Contemporary adminis- b 1830 or in its application to vulnerable small trative law caselaw and Executive Order businesses. 12,866 each impose transparency standards AFTER RECESS This last point suggests the appropriate- more demanding than might appear from the simple text of 5 U.S.C. § 553. One cannot com- The recess having expired, the House ness of turning to what is arguably the most was called to order by the Speaker pro objectionable feature of the statute that is ment on a standard whose content is un- the subject of this workshop: it applies known. As the Pipeline Safety Trust ob- tempore (Mr. HULTGREN) at 6 o’clock equally to standards treated as guidance served in its FDMS comments, ‘‘incor- and 30 minutes p.m. porating standards by reference, the way it identifying a satisfactory but not mandatory f means of complying with an independently is done now, has turned notice and comment stated regulatory obligation, and to stand- rulemaking into a caricature of what it was ANNOUNCEMENT BY THE SPEAKER ards incorporated in a manner that makes intended to be.’’ PRO TEMPORE them the law itself—mandatory obligations Since agency guidance of means by which in and of themselves. In my judgment, these one might successfully comply with inde- The SPEAKER pro tempore. Pursu- two situations are quite different, both in pendently stated regulatory obligations is ant to clause 8 of rule XX, proceedings law and in their implications for agency effi- not law, an agency’s identification of a will resume on motions to suspend the ciency and effective regulation. standard as one such means leaves interested rules previously postponed. SDO standards converted into law—a man- parties an option whether to refer to the Votes will be taken in the following datory obligation—by the manner of their standard or not. It creates no legal obliga- tion to reveal the contents of the standard order: incorporation suffer all the possible deficits H.R. 2576, by the yeas and nays; mentioned above used as guidance, and the SDO’ s copyright is They end the competition among American secure. It is of course also possible that there H.R. 1848, by the yeas and nays; voluntary consensus standard-setters that is will be other identifiable means of regu- H.R. 2611, by the yeas and nays. identified by many as a particular strength latory compliance—the reputed strength of The first electronic vote will be con- of our system in relation to others. the American SDO process—so that recogni- ducted as a 15-minute vote. Remaining Correspondingly, they confer monopoly tion of the SDO’s copyright in relation to electronic votes will be conducted as 5- pricing power on the SDO whose standard the guidance given creates no monopoly minute votes. has been converted from a voluntary con- power. sensus standard into an involuntary, manda- Use of standards as guidance also permits f tory obligation. ready upgrading of the guidance as soon as They significantly limit agency capacity standards are revised; the troubling problem AVAILABILITY OF PIPELINE SAFE- to respond to new developments, since of outdated standards enduring as legal obli- TY REGULATORY DOCUMENTS changing a mandatory standard set by rule gations (because fresh rulemaking has not The SPEAKER pro tempore. The un- will require fresh rulemaking, with its proce- been undertaken) need not arise. finished business is the vote on the mo- dural costs and obstacles. That this occurs in It is, then, regrettable that the statute you practice may be seen in the simple fact that are discussing draws no distinction between tion to suspend the rules and pass the over half of incorporated standards are more incorporation by reference as mandatory ob- bill (H.R. 2576) to amend title 49, than seventeen years old—some, indeed, no ligation, and its use to provide guidance. The United States Code, to modify require- longer ‘‘available’’ in any form, reasonably most useful result of your workshop, in my ments relating to the availability of or not. judgment, would be to push hard for the rec- pipeline safety regulatory documents, The income streams resulting from law- ognition of this distinction—by interpreta- and for other purposes, on which the forced purchases of mandatory but outdated tion of your statutory obligations, if that yeas and nays were ordered. standards may be convenient for the SDOs seems possible, or by working for amend- receiving them, but bear no relationship ei- ment. But I can find no fault with, and much The Clerk read the title of the bill. ther to sound industrial practice (adherence reason to support, the obligation PHMSA The SPEAKER pro tempore. The to the contemporary standard should be pref- has been placed under to assure free public question is on the motion offered by erable) or to the SDO business model for sup- access, both at the stage of proposal and at the gentleman from Wisconsin (Mr.

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JY7.035 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4502 CONGRESSIONAL RECORD — HOUSE July 16, 2013 PETRI) that the House suspend the Pallone Ruiz Thompson (CA) The SPEAKER pro tempore. The rules and pass the bill. Pascrell Runyan Thompson (MS) question is on the motion offered by Pastor (AZ) Ruppersberger Thompson (PA) The vote was taken by electronic de- Paulsen Rush Thornberry the gentleman from Wisconsin (Mr. vice, and there were—yeas 405, nays 2, Payne Ryan (OH) Tiberi PETRI) that the House suspend the not voting 26, as follows: Pearce Ryan (WI) Tierney rules and pass the bill, as amended. Pelosi Salmon Tipton This is a 5-minute vote. [Roll No. 354] Perlmutter Sa´ nchez, Linda Titus YEAS—405 Perry T. Tonko The vote was taken by electronic de- Peters (CA) Sanchez, Loretta Tsongas Aderholt Denham Joyce vice, and there were—yeas 411, nays 0, Peters (MI) Sanford Turner Alexander Dent Kaptur Peterson Sarbanes not voting 22, as follows: Amash DeSantis Kelly (PA) Upton Petri Scalise Valadao [Roll No. 355] Amodei DesJarlais Kennedy Pingree (ME) Schakowsky Andrews Diaz-Balart Kildee Van Hollen YEAS—411 Pittenger Schiff Vargas Bachmann Doggett Kilmer Pitts Schneider Aderholt Davis (CA) Huffman Veasey Bachus Doyle Kind Pocan Schock Alexander Davis, Danny Huizenga (MI) Vela Barber Duckworth King (IA) Poe (TX) Schrader Amash Davis, Rodney Hultgren Vela´ zquez Barletta Duffy King (NY) Polis Schwartz Amodei DeGette Hurt Visclosky Barr Duncan (SC) Kinzinger (IL) Pompeo Schweikert Andrews Delaney Israel Wagner Barrow (GA) Duncan (TN) Kirkpatrick Posey Scott (VA) Bachmann DeLauro Issa Barton Edwards Kline Price (GA) Scott, Austin Walberg Bachus DelBene Jackson Lee Beatty Ellison Kuster Price (NC) Scott, David Walden Barber Denham Jeffries Becerra Ellmers Labrador Quigley Sensenbrenner Walorski Barletta Dent Jenkins Benishek Enyart LaMalfa Radel Serrano Walz Barr DeSantis Johnson (GA) Bentivolio Eshoo Lamborn Rahall Sessions Waters Barrow (GA) DesJarlais Johnson (OH) Bera (CA) Esty Lance Rangel Sewell (AL) Watt Barton Diaz-Balart Johnson, E. B. Bilirakis Farenthold Langevin Reed Sherman Waxman Bass Dingell Johnson, Sam Bishop (GA) Farr Lankford Reichert Shimkus Weber (TX) Beatty Doggett Jones Bishop (NY) Fattah Larsen (WA) Renacci Shuster Webster (FL) Becerra Doyle Jordan Bishop (UT) Fincher Larson (CT) Ribble Simpson Welch Benishek Duckworth Joyce Black Fitzpatrick Latham Rice (SC) Sinema Wenstrup Bentivolio Duffy Kaptur Blackburn Fleischmann Latta Richmond Sires Westmoreland Bera (CA) Duncan (SC) Keating Blumenauer Fleming Lee (CA) Rigell Slaughter Whitfield Bilirakis Duncan (TN) Kelly (PA) Bonamici Flores Levin Roby Smith (NE) Williams Bishop (GA) Edwards Kennedy Bonner Forbes Lewis Roe (TN) Smith (NJ) Wilson (FL) Bishop (NY) Ellison Kildee Boustany Fortenberry Lipinski Rogers (AL) Smith (TX) Wilson (SC) Bishop (UT) Ellmers Kilmer Brady (PA) Foster LoBiondo Rogers (KY) Smith (WA) Wittman Black Enyart Kind Brady (TX) Foxx Loebsack Rogers (MI) Southerland Wolf Blackburn Eshoo King (IA) Braley (IA) Frankel (FL) Lofgren Rokita Speier Womack Blumenauer Esty King (NY) Bridenstine Franks (AZ) Long Rooney Stewart Woodall Bonamici Farenthold Kinzinger (IL) Brooks (AL) Frelinghuysen Lowenthal Ros-Lehtinen Stivers Yarmuth Bonner Farr Kirkpatrick Brooks (IN) Gabbard Lowey Roskam Stockman Yoder Boustany Fattah Kline Broun (GA) Gallego Lucas Ross Stutzman Yoho Brady (PA) Fincher Kuster Brown (FL) Garamendi Lujan Grisham Rothfus Swalwell (CA) Young (AK) Brady (TX) Fitzpatrick Labrador Brownley (CA) Garcia (NM) Roybal-Allard Takano Young (FL) Braley (IA) Fleischmann LaMalfa Bucshon Gardner Luja´ n, Ben Ray Royce Terry Young (IN) Bridenstine Fleming Lamborn Burgess Garrett (NM) Brooks (AL) Flores Lance Bustos Gerlach Lynch NAYS—2 Brooks (IN) Forbes Langevin Butterfield Gibbs Maffei Dingell Shea-Porter Broun (GA) Fortenberry Lankford Calvert Gibson Maloney, Brown (FL) Foster Larsen (WA) Camp Gingrey (GA) Carolyn NOT VOTING—26 Brownley (CA) Foxx Larson (CT) Cantor Gohmert Maloney, Sean Bass Grimm Luetkemeyer Bucshon Frankel (FL) Latham Capito Goodlatte Marchant Buchanan Herrera Beutler Lummis Burgess Franks (AZ) Latta Capps Gosar Massie Campbell Hinojosa Marino Bustos Frelinghuysen Lee (CA) Capuano Gowdy Matheson Clay Holt McCarthy (NY) Butterfield Gabbard Levin Ca´ rdenas Granger Matsui DeFazio Horsford Negrete McLeod Calvert Gallego Lewis Carney Graves (GA) McCarthy (CA) Deutch Hunter Rohrabacher Camp Garamendi Lipinski Carson (IN) Graves (MO) McCaul Engel Keating Smith (MO) Cantor Garcia LoBiondo Carter Grayson McClintock Fudge Kelly (IL) Wasserman Capito Gardner Loebsack Cartwright Green, Gene McCollum Green, Al Kingston Schultz Capps Garrett Lofgren Cassidy Griffin (AR) McDermott Capuano Gerlach Long Castor (FL) Griffith (VA) McGovern b 1858 Ca´ rdenas Gibbs Lowenthal Castro (TX) Grijalva McHenry Carney Gibson Lowey Chabot Guthrie McIntyre Mr. DINGELL changed his vote from Carson (IN) Gingrey (GA) Lucas Chaffetz Gutie´rrez McKeon ‘‘yea’’ to ‘‘nay.’’ Carter Gohmert Lujan Grisham Chu Hahn McKinley Cartwright Goodlatte (NM) Cicilline Hall McMorris Messrs. PASTOR of Arizona, Cassidy Gosar Luja´ n, Ben Ray Clarke Hanabusa Rodgers DESANTIS, WOODALL, and Castor (FL) Gowdy (NM) Cleaver Hanna McNerney HUIZENGA of Michigan changed their Castro (TX) Granger Lummis Clyburn Harper Meadows vote from ‘‘nay’’ to ‘‘yea.’’ Chabot Graves (GA) Lynch Coble Harris Meehan Chaffetz Graves (MO) Maffei Coffman Hartzler Meeks So (two-thirds being in the affirma- Chu Grayson Maloney, Cohen Hastings (FL) Meng tive) the rules were suspended and the Cicilline Green, Al Carolyn Cole Hastings (WA) Messer bill was passed. Clarke Green, Gene Maloney, Sean Collins (GA) Heck (NV) Mica Cleaver Griffin (AR) Marchant Collins (NY) Heck (WA) Michaud The result of the vote was announced Clyburn Griffith (VA) Massie Conaway Hensarling Miller (FL) as above recorded. Coble Grijalva Matheson Connolly Higgins Miller (MI) A motion to reconsider was laid on Coffman Guthrie Matsui Conyers Himes Miller, Gary the table. Cohen Gutie´rrez McCarthy (CA) Cook Holding Miller, George Cole Hahn McCaul Cooper Honda Moore f Collins (GA) Hall McClintock Costa Hoyer Moran Collins (NY) Hanabusa McCollum Cotton Hudson Mullin SMALL AIRPLANE Conaway Hanna McDermott Courtney Huelskamp Mulvaney REVITALIZATION ACT OF 2013 Connolly Harper McGovern Cramer Huffman Murphy (FL) Conyers Harris McHenry Crawford Huizenga (MI) Murphy (PA) The SPEAKER pro tempore. The un- Cook Hartzler McIntyre Crenshaw Hultgren Nadler finished business is the vote on the mo- Cooper Hastings (FL) McKeon Crowley Hurt Napolitano Costa Hastings (WA) McKinley Cuellar Israel Neal tion to suspend the rules and pass the Cotton Heck (NV) McMorris Culberson Issa Neugebauer bill (H.R. 1848) to ensure that the Fed- Courtney Heck (WA) Rodgers Cummings Jackson Lee Noem eral Aviation Administration advances Cramer Hensarling McNerney Daines Jeffries Nolan the safety of small airplanes, and the Crawford Higgins Meadows Davis (CA) Jenkins Nugent Crenshaw Himes Meehan Davis, Danny Johnson (GA) Nunes continued development of the general Crowley Holding Meeks Davis, Rodney Johnson (OH) Nunnelee aviation industry, and for other pur- Cuellar Honda Meng DeGette Johnson, E. B. O’Rourke poses, as amended, on which the yeas Culberson Hoyer Messer Delaney Johnson, Sam Olson Cummings Hudson Mica DeLauro Jones Owens and nays were ordered. Daines Huelskamp Michaud DelBene Jordan Palazzo The Clerk read the title of the bill.

VerDate Mar 15 2010 06:27 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.024 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4503 Miller (FL) Richmond Speier poses, on which the yeas and nays were McNerney Reed Smith (TX) Miller (MI) Rigell Stewart ordered. Meadows Reichert Smith (WA) Miller, Gary Roby Stivers Meehan Renacci Southerland Miller, George Roe (TN) Stockman The Clerk read the title of the bill. Meeks Ribble Speier Moore Rogers (AL) Stutzman The SPEAKER pro tempore. The Meng Rice (SC) Stewart Moran Rogers (KY) Swalwell (CA) question is on the motion offered by Messer Richmond Stivers Mullin Rogers (MI) Mica Rigell Takano the gentleman from Wisconsin (Mr. Stockman Mulvaney Rokita Terry Michaud Roby Stutzman Murphy (FL) Rooney Thompson (CA) PETRI) that the House suspend the Miller (FL) Roe (TN) Swalwell (CA) Murphy (PA) Ros-Lehtinen Thompson (MS) rules and pass the bill. Miller (MI) Rogers (AL) Takano Nadler Roskam Thompson (PA) Miller, Gary Rogers (KY) Terry Napolitano Ross This is a 5-minute vote. Miller, George Rogers (MI) Thornberry The vote was taken by electronic de- Thompson (CA) Neal Rothfus Tiberi Moore Rokita Thompson (MS) Neugebauer Roybal-Allard Tierney vice, and there were—yeas 411, nays 0, Moran Rooney Thompson (PA) Noem Royce Tipton not voting 22, as follows: Mullin Ros-Lehtinen Thornberry Nolan Ruiz Titus Mulvaney Roskam Tiberi Nugent Runyan [Roll No. 356] Murphy (FL) Ross Tonko Tierney Nunes Ruppersberger Murphy (PA) Rothfus Tsongas YEAS—411 Tipton Nunnelee Rush Nadler Roybal-Allard Turner Titus O’Rourke Ryan (OH) Aderholt Cummings Holding Napolitano Royce Upton Tonko Olson Ryan (WI) Alexander Daines Honda Neal Ruiz Valadao Tsongas Owens Salmon Amash Davis (CA) Hoyer Neugebauer Runyan Van Hollen Turner Palazzo Sa´ nchez, Linda Amodei Davis, Danny Hudson Noem Ruppersberger Vargas Upton Pallone T. Andrews Davis, Rodney Huelskamp Nolan Rush Veasey Valadao Pascrell Sanchez, Loretta Bachmann DeGette Huffman Nugent Ryan (OH) Van Hollen Pastor (AZ) Sanford Vela Bachus Delaney Huizenga (MI) Nunes Ryan (WI) ´ Vargas Paulsen Sarbanes Velazquez Barber DeLauro Hultgren Nunnelee Salmon Payne Scalise Visclosky Barletta DelBene Hurt O’Rourke Sa´ nchez, Linda Veasey Pearce Schakowsky Wagner Barr Denham Israel Olson T. Vela ´ Pelosi Schiff Walberg Barrow (GA) Dent Issa Owens Sanchez, Loretta Velazquez Perlmutter Schneider Walden Barton DeSantis Jackson Lee Palazzo Sanford Visclosky Perry Schock Walorski Bass DesJarlais Jeffries Pallone Sarbanes Wagner Peters (CA) Schrader Walz Beatty Diaz-Balart Jenkins Pascrell Scalise Walberg Peters (MI) Schwartz Waters Becerra Dingell Johnson (GA) Pastor (AZ) Schakowsky Walden Peterson Schweikert Watt Benishek Doggett Johnson (OH) Paulsen Schiff Walorski Petri Scott (VA) Waxman Bentivolio Doyle Johnson, E. B. Payne Schneider Walz Pingree (ME) Scott, Austin Weber (TX) Bera (CA) Duckworth Johnson, Sam Pearce Schock Waters Pittenger Scott, David Webster (FL) Bilirakis Duffy Jones Pelosi Schrader Watt Pitts Sensenbrenner Welch Bishop (GA) Duncan (SC) Jordan Perlmutter Schwartz Waxman Pocan Serrano Wenstrup Bishop (NY) Duncan (TN) Joyce Perry Schweikert Weber (TX) Poe (TX) Sessions Westmoreland Bishop (UT) Edwards Kaptur Peters (CA) Scott (VA) Webster (FL) Polis Sewell (AL) Whitfield Black Ellison Keating Peters (MI) Scott, Austin Welch Pompeo Shea-Porter Williams Blackburn Ellmers Kelly (PA) Peterson Scott, David Wenstrup Posey Sherman Wilson (FL) Blumenauer Enyart Kennedy Petri Sensenbrenner Westmoreland Price (GA) Shimkus Wilson (SC) Bonamici Eshoo Kildee Pingree (ME) Serrano Whitfield Price (NC) Shuster Wittman Bonner Esty Kilmer Pittenger Sessions Williams Quigley Simpson Wolf Boustany Farenthold Kind Pitts Sewell (AL) Wilson (FL) Radel Sinema Womack Brady (PA) Farr King (IA) Pocan Shea-Porter Wilson (SC) Rahall Sires Woodall Brady (TX) Fattah King (NY) Poe (TX) Sherman Wittman Rangel Slaughter Yarmuth Braley (IA) Fincher Kinzinger (IL) Polis Shimkus Wolf Reed Smith (NE) Yoder Bridenstine Fitzpatrick Kirkpatrick Pompeo Shuster Womack Reichert Smith (NJ) Yoho Brooks (AL) Fleischmann Kline Posey Simpson Woodall Renacci Smith (TX) Young (AK) Brooks (IN) Fleming Kuster Price (GA) Sinema Yarmuth Ribble Smith (WA) Young (FL) Broun (GA) Flores Labrador Price (NC) Sires Yoder Rice (SC) Southerland Young (IN) Brown (FL) Forbes LaMalfa Quigley Slaughter Yoho Brownley (CA) Fortenberry Lamborn Radel Smith (MO) Young (AK) NOT VOTING—22 Bucshon Foster Lance Rahall Smith (NE) Young (FL) Buchanan Herrera Beutler Marino Burgess Foxx Langevin Rangel Smith (NJ) Young (IN) Bustos Frankel (FL) Lankford Campbell Hinojosa McCarthy (NY) Butterfield Franks (AZ) Larsen (WA) Clay Holt Negrete McLeod NOT VOTING—22 Calvert Frelinghuysen Larson (CT) DeFazio Horsford Rohrabacher Buchanan Grimm Luetkemeyer Deutch Hunter Camp Gabbard Latham Smith (MO) Cantor Gallego Latta Campbell Herrera Beutler Marino Engel Kelly (IL) Wasserman Clay Hinojosa McCarthy (NY) Fudge Kingston Capito Garamendi Lee (CA) Schultz Crawford Holt Negrete McLeod Grimm Luetkemeyer Capps Garcia Levin Capuano Gardner Lewis DeFazio Horsford Rohrabacher Deutch Hunter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ca´ rdenas Garrett Lipinski Wasserman Engel Kelly (IL) The SPEAKER pro tempore (during Carney Gerlach LoBiondo Schultz Carson (IN) Gibbs Loebsack Fudge Kingston the vote). There are 2 minutes remain- Carter Gibson Lofgren ing. Cartwright Gingrey (GA) Long Cassidy Gohmert Lowenthal b 1914 b 1905 Castor (FL) Goodlatte Lowey So (two-thirds being in the affirma- So (two-thirds being in the affirma- Castro (TX) Gosar Lucas Chabot Gowdy Lujan Grisham tive) the rules were suspended and the tive) the rules were suspended and the Chaffetz Granger (NM) bill was passed. ´ bill, as amended, was passed. Chu Graves (GA) Lujan, Ben Ray The result of the vote was announced The result of the vote was announced Cicilline Graves (MO) (NM) as above recorded. as above recorded. Clarke Grayson Lummis Cleaver Green, Al Lynch A motion to reconsider was laid on A motion to reconsider was laid on Clyburn Green, Gene Maffei the table. Coble Griffin (AR) Maloney, the table. Coffman Griffith (VA) Carolyn f Cohen Grijalva Maloney, Sean f DOUGLAS A. MUNRO COAST Cole Guthrie Marchant Collins (GA) Gutie´rrez Massie GUARD HEADQUARTERS BUILDING Collins (NY) Hahn Matheson REMOVAL OF NAME OF MEMBER The SPEAKER pro tempore. The un- Conaway Hall Matsui Connolly Hanabusa McCarthy (CA) AS COSPONSOR OF H.R. 1962 finished business is the vote on the mo- Conyers Hanna McCaul Mr. POE of Texas. Mr. Speaker, I ask tion to suspend the rules and pass the Cook Harper McClintock bill (H.R. 2611) to designate the head- Cooper Harris McCollum unanimous consent to remove the gen- quarters building of the Coast Guard Costa Hartzler McDermott tleman from Wisconsin (Mr. DUFFY) Cotton Hastings (FL) McGovern from H.R. 1962. on the campus located at 2701 Martin Courtney Hastings (WA) McHenry Luther King, Jr., Avenue Southeast in Cramer Heck (NV) McIntyre The SPEAKER pro tempore (Mr. the District of Columbia as the ‘‘Doug- Crenshaw Heck (WA) McKeon BARR). Is there objection to the request Crowley Hensarling McKinley of the gentleman from Texas? las A. Munro Coast Guard Head- Cuellar Higgins McMorris quarters Building’’, and for other pur- Culberson Himes Rodgers There was no objection.

VerDate Mar 15 2010 06:27 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JY7.023 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4504 CONGRESSIONAL RECORD — HOUSE July 16, 2013 REMOVAL OF NAME OF MEMBER The Army’s Benet Laboratories, re- Recently, Mexican Police Chief Lucio AS COSPONSOR OF H.R. 2359 nowned for its research and develop- Rosales Astorga of Hostotipaquillo, Mr. DANNY K. DAVIS of Illinois. Mr. ment and work with advanced mate- Mexico, was ambushed and gunned Speaker, I ask unanimous consent to rials and composites, is also located at down by assassins as he was driving his the facility. Let me offer a special con- have the name of Mr. BISHOP of Utah son to school. His wife and two body- removed as a cosponsor of H.R. 2359. gratulations to the arsenal’s employ- guards were also shot. The automatic The SPEAKER pro tempore. Is there ees, who, despite senseless sequestra- weapon used to shoot him was a Fast objection to the request of the gen- tion-related furloughs, continue to pro- and Furious gun smuggled to Mexico tleman from Illinois? vide manufacturing, engineering, and by the U.S. Government. Reportedly, There was no objection. quality assurance for our Nation’s can- over 200 Mexican nationals have been nons and mortars. They have developed killed by Fast and Furious weapons. f skills and expertise over the course of American guns are at the side of REMOVAL OF NAME OF MEMBER decades, many coming from families these puddles of blood. Chief Astorga’s AS COSPONSOR OF H.R. 2319 that have worked at the arsenal for son will be fatherless because of this generations, pouring their talents into Mrs. KIRKPATRICK. Mr. Speaker, I government’s recklessness. Meanwhile, this powerful success story. They are Attorney General Eric ‘‘With’’ Holder ask unanimous consent to have my truly the lifeblood of the Watervliet name removed as a cosponsor to H.R. keeps stonewalling justice and with- community and the Greater Capital holding information on this 2319. Region of upstate New York. The SPEAKER pro tempore. Is there gunrunning scheme. Mr. Speaker, somebody needs to go objection to the request of the gentle- f to jail. And that’s just the way it is. woman from Arizona? AUTHORITY FOR MANDATE DELAY There was no objection. ACT f f (Mr. THOMPSON of Pennsylvania RECOGNIZING MRS. VIOLET B. asked and was given permission to ad- HANNA ON HER 100TH BIRTHDAY ARMANDO TORRES dress the House for 1 minute and to re- (Mr. ROYCE asked and was given per- (Ms. ROS-LEHTINEN asked and was vise and extend his remarks.) mission to address the House for 1 given permission to address the House Mr. THOMPSON of Pennsylvania. minute.) for 1 minute and to revise and extend Mr. Speaker, this week, the House will Mr. ROYCE. Mr. Speaker, I rise her remarks.) debate H.R. 2667, the Authority for today to extend my sincerest congratu- Ms. ROS-LEHTINEN. Mr. Speaker, I Mandate Delay Act. This bill will delay lations and happy birthday wishes to rise in support of a marine who des- enforcement of the ObamaCare man- Mrs. Violet B. Hanna, who will be cele- perately needs our help. Corporal date—employers with 50 full-time em- brating her 100th birthday on July 23. Armando Torres was kidnapped in Mex- ployees who do not offer government- Born in Los Angeles on July 23, 1913, ico more than 2 months ago. Minimal approved coverage must pay a $2,000 to Albert Wogatzke and Ella attention here in the U.S. and in Mex- fine annually for an employee. On July Bussjaeger, Violet is the oldest daugh- ico has allowed Armando’s kidnappers 2, the administration announced a ter of nine children. She married Wil- to think that we’ve given up. They are delay. And while their authority to liam Hanna on August 6, 1936. She lov- wrong. The United States does not give unilaterally change the law is ques- ingly raised a family of two children, up and does not leave one of our own tionable, the mandate remains a prob- has seven grandchildren, and six great- lem. behind. The kidnapping of a United grandchildren. She has enjoyed won- Earlier today, an employer in Penn- States citizen and a marine will not be derful health all of her life. She was tolerated. Armando served our country sylvania told me that in order to ad- dress compliance costs, the employer raised on a farm, was a straight A stu- honorably, and now it is our duty to dent, and was so devoted to family that serve him well now. would opt to close 1 day a week. This is not rhetoric. after graduating from high school, she Mr. Speaker, as you know, the bond gave up a full scholarship to Occidental between marines can never be broken. In May of 2012, 71 Fortune 100 compa- nies responded to a House Ways and College to start working in L.A. to sup- In the coming days, marines here in port the rest of her family in Imperial the House will come together on this Means survey. They estimated savings up to $28.6 billion in 2014 by elimi- Valley. floor for their brother. I invite all Violet has witnessed momentous Members to join us and show that we nating coverage for their 5.9 million employees, paying the $2,000 annual changes in our Nation’s history. Her will not rest until we bring Armando life reflects a contribution to that his- home. fine. This would impact more than 10.2 million employees and dependents. tory. I hope her century of memories f It appears that the administration brings much pride and joy to herself and family members. RECOGNIZING WATERVLIET ARSE- has begun to understand that the em- I ask my colleagues to join me in NAL ON ITS 200TH ANNIVERSARY ployer mandate provides a perverse in- centive for companies to drop their em- congratulating Violet on this remark- (Mr. TONKO asked and was given ployees from health plans that are oth- able milestone. I wish her a special day permission to address the House for 1 erwise working. shared in the company of her family minute and to revise and extend his re- I urge my colleagues to support H.R. and friends, and all the best in the marks.) 2667. years ahead. Mr. TONKO. Mr. Speaker, I rise f f today to recognize the Watervliet Arse- nal, which celebrated its 200th anniver- ERIC ‘‘WITH’’ HOLDER—FAST AND AMERICAN ACHIEVEMENTS sary on July 14. FURIOUS—AND ANOTHER VICTIM (Mr. FITZPATRICK asked and was Watervliet is the Nation’s oldest, (Mr. POE of Texas asked and was given permission to address the House continuously operated arsenal, having given permission to address the House for 1 minute and to revise and extend begun its manufacturing of military for 1 minute and to revise and extend his remarks.) hardware during the War of 1812. his remarks.) Mr. FITZPATRICK. Mr. Speaker, For 200 years, the arsenal has pro- Mr. POE of Texas. Mr. Speaker, at a this week in history we celebrate the duced critical weapons, parts and ma- House Judiciary hearing, Eric ‘‘With’’ achievement of Neil Armstrong’s Moon terial that have been indispensable to Holder, the Attorney General, admit- landing in 1969, a shining example of our Nation’s defense. Earlier this year, ted to me that more people were going American innovation and perseverance. the Secretary of the Army recognized to die because of Operation Fast and In conquering space, America sent a the arsenal’s high quality and essential Furious. That’s the Justice Depart- message to the world that we can work by designating it as a Center of ment and ATF gunrunning scheme that achieve any task that we set our mind Industrial and Technological Excel- sent hundreds of U.S. automatic weap- to. Today, 40 years later, we as Ameri- lence. ons to criminal drug cartels in Mexico. cans face similar challenges, not on the

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.030 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4505 surface of the Moon, but around our 16 years old. He had only been 17 for 2 for those who come here for a better Nation. Our generation is tasked with weeks. life? What do you want to do about the recapturing the American spirit that God bless our justice system, that high school dropout who has to wash put a man on the Moon by saying they will see that it should not end dishes and may lose their job? Where ‘‘yes’’ to American ingenuity in the here. We must make sure that justice do they go? What do you want to do 21st century. In that vein, Mr. Speaker, prevails for Trayvon Martin. about the single mom who works three we as lawmakers must enact legisla- f jobs just to put food on the table so she tion that makes that goal a reality— could feed her family? What happens to things like enacting commonsense laws b 1930 her? like the Made in America Act, which WE ALL ARE ONE Why when we talk about immigra- fosters a new era for American manu- tion reform is it always about the 11 (Mrs. BACHMANN asked and was facturing and protects American jobs, million illegal immigrants who came given permission to address the House or, once and for all, declaring energy here knowingly breaking America’s for 1 minute and to revise and extend independence for our Nation. laws? What about the legal Americans? her remarks.) Now is our moment to honor the ac- What about the American workers? Mrs. BACHMANN. Mr. Speaker, I am complishment and legacy of the Moon Where is their voice in this debate? a mother of five biological children and landing by ensuring continued success Who’s speaking for them? of 23 wonderful foster children. My and independence of America for gen- When it comes down to immigration heart is broken, as my colleague’s erations to come. reform, I believe the answer is simple: heart is broken, over any teenager f let’s secure America’s borders first and whose life is taken away from them. protect America’s workers. TRAYVON MARTIN But I believe without a shadow of a Mr. GOHMERT. I appreciate my (Ms. JACKSON LEE asked and was doubt that it doesn’t matter the color friend from Pennsylvania’s comments. given permission to address the House of a person’s skin in the United States It is interesting, and it really is for 1 minute and to revise and extend when it comes to justice. Lady Justice heartbreaking, when you see so many her remarks.) has a blindfold over her eyes because people, like all of the masses that were Ms. JACKSON LEE. As a mother and justice is colorblind. Justice shouldn’t here in Washington, to protest over the an American, I am well aware that this look at the color of our skin or our eth- ObamaCare bill. Anyway, it is rather Nation is a nation of laws. And our sys- nicity or our financial background. dramatic. The unions are now coming tem of justice speaks, and the reason Facts have to be recognized as facts. out. Of course union leaders were all why we are a democracy is because we Law has to be recognized as law. No for ObamaCare. Many of us said back adhere to that. But I’m proud of my matter if we are White or Black or His- at the time: Do you know what, when constituents and others in Houston, panic or Asian, whatever our back- the union members find out what the Texas, who saw the need to petition ground, justice must be served. That’s union leaders have done to them in and to be able to join the family of why we need to stand up and stand up supporting ObamaCare, they are going Trayvon Martin in praying to petition for justice in this country, not have to be exceedingly upset. their Federal Government. That is justice that is separate for Blacks or Now when you look at the results of America, Mr. Speaker—that all Ameri- separate for Hispanics or separate for ObamaCare forcing so many people to cans have a right to come and petition Whites. We all need to be one under our part-time work—as my friend from their government. law. Pennsylvania was alluding to, people Thank you for being peaceful. Thank f now have been relegated to part-time work—they may lose that. When you you for being prayerful. Thank you for IMMIGRATION REFORM being ready to speak in tones seeking combine the devastation of ObamaCare justice, but doing it in a way that is re- The SPEAKER pro tempore. Under and people that are losing their jobs spectful of our system, and ready to be the Speaker’s announced policy of Jan- and are being forced to part-time work able to achieve what your desires are uary 3, 2013, the gentleman from Texas and now having to do more than one through continuing to pray and be (Mr. GOHMERT) is recognized for 60 min- part-time job with less benefits, and peaceful. In Houston, Texas, that is utes as the designee of the majority then you add on it the Senate bill, es- what occurred. And I want to say leader. pecially for African Americans here, it thank you for that peace and that re- Mr. GOHMERT. Mr. Speaker, we are is absolutely devastating. It is a dev- spect of the dignity and democracy here to talk about something that is a astating one-two punch to the gut of that America is, and the respect for rather important subject. Immigration America when you look at the Senate Trayvon Martin’s family. has helped make us the greatest Nation bill and how many Americans will be f in the world, and we want that to con- really troubled to find employment. tinue. We do not ever want our borders We have other people that are here TRAYVON MARTIN closed; we want them secured. that also wish to be heard. I yield such (Ms. WILSON of Florida asked and Here to help in this conversation is time as he may consume to my friend was given permission to address the my friend, the gentleman from Penn- from Louisiana, Dr. FLEMING. House for 1 minute.) sylvania (Mr. BARLETTA), to whom I Mr. FLEMING. I want to thank my Ms. WILSON of Florida. Mr. Speaker, yield such time as he may consume. friend, LOUIE GOHMERT—Judge Goh- Trayvon Martin, a young constituent Mr. BARLETTA. Mr. Speaker, I be- mert—for having this hour together of mine that lived only blocks away lieve the problem is simple: we need to speaking on this important subject. My from me, was brutally murdered in secure our borders first. You wouldn’t friend also is my neighbor. Our dis- Sanford, Florida. replace your carpet at home if you still tricts neighbor one another. I know within my heart and will al- had a hole in the roof. We have constituents who see this ways know that things should have When you take that position, the issue, I think, very consistently, that been different. But I accept the law. I question you are usually asked by peo- is, that when we poll them, when we was one of the loudest voices calling ple who support open borders is: Well, talk to our constituents, they are very for a fair trial for Trayvon after he was what do you want to do about the 11 clear on the issue of immigration. They profiled racially. He was followed, he million people who are here illegally? say first and foremost, Congressman was harassed, and he was shot in the I usually answer that question with FLEMING, whatever you do, do what heart. another question: What do you want to Congress and the Presidents have not On Sunday, in Miami-Dade County, do with the 22 million Americans who been willing to do, and that is secure all of the churches held prayer serv- couldn’t find work this morning when the border and put internal security in ices. All of the churches prayed for the they woke up? What do you want to do that will prevent the visa overstays Martin and Fulton families. All of us about the legal immigrants who came that are 40 percent of those. are so saddened because we have lost to America for an opportunity, with We have two lingering questions on our son, our son Trayvon, who was only the opportunity that America promises the whole issue of immigration:

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.032 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4506 CONGRESSIONAL RECORD — HOUSE July 16, 2013 One is, is immigration good for Well, that makes him no longer a I have pointed out to folks of less America? I would suggest to you that President. That makes him a ruler, and education than anybody in this room immigration has been good for Amer- that is not the kind of government we that that doesn’t mean you execute the ica. All of our Forefathers, they were have. We have a balance between three law in a fashion you give it the death immigrants. They came here with the branches of government. That’s the penalty. What it really means instead idea that they would receive religious way our Founding Fathers determined is that you carry it out, you enforce liberty, they would receive opportunity it to be, and that’s the way it should be the law. when it comes to the economy, and today. I know that the President has taken they were quite willing and happy to I join my colleagues, I think, in this an oath to do that, and he understands contribute to that. understanding, and that is that such it. He gave a speech at a high school But do you know what, there was no legislation that passes from this House, here in Washington, D.C. on March 28, safety net. You had to dig it out of the or from the Senate for that matter, if 2011. When they asked him: Why don’t land yourself. Over the years, particu- in fact it creates an open border, a po- you enact the DREAM Act by execu- larly by the mid-60s, this Nation began rous border, or in any way creates am- tive order, he said: I know you want me to develop a very, very steep safety net nesty or a pathway to citizenship and to do that, but I don’t have the con- program, now 80 different welfare pro- we have not dealt with and certified, stitutional authority to do that. grams. made verifiable borders that are under You’ve been studying the Constitution This has been looked at very closely secure control by our government, a in high school and you know this: that by the Heritage Foundation. What they sovereign government, and that we the legislature, that’s Congress, passes tell us is that by having open borders, handle the visa overstay problems that the laws; the President’s job in the ex- such as what we have now and will we monitor and protect from that, if ecutive branch is to enforce the laws, have in the future if we were to pass we have not done that, then we have and the judicial branch is to interpret something like the Senate amnesty not done our constitutional duties as the laws. bill, that the cost to Americans would Members of the House of Representa- Well, that is pretty clean and con- go up. One study I recently read said tives. cise, and it is appropriate to be coming that for every household that receives I thank my friend so much. And my from a former adjunct professor of law amnesty, it is going to cost the hard- other friends—we are filled with Mem- at the University of Chicago; but he working taxpayers of America $12,433. bers here who are ready to talk on this forgot his own lesson, and he forgot his So I would suggest to you that immi- issue passionately—I think you are own lesson a number of times, not only gration can be a good thing for the going to hear a lot more from this with immigration, but No Child Left economy—not open-border immigra- group that’s here tonight as we talk Behind—waived it. It is just a directive tion, not illegal immigration, but legal more about this issue. from the United States Congress signed I would just say, lastly, that we need immigration. What do I mean by that? by a previous President, and he waived to decide what is important for Amer- That means that we allow a guest- No Child Left Behind. ica first. We should determine what is worker program where people can come How about welfare-to-work, that long good for the American citizens and the in and work our farms, work our trees. battle that lasted about 2 years here taxpayers. We certainly want to handle I have a lot of that in my district. But and resulted in who-knows-how-many also the high end, the STEM workers— anybody who is here illegally in a hu- mane way; but on the other hand, our vetoes by Bill Clinton, but he finally the scientists, technology people, engi- signed it. There was not room in there neering, math—where they can con- first and most important responsibility is to the American citizens who are for the President to waive the work tribute so much to our country. Physi- side of welfare, but he did it anyway. cians coming from Asia, so many of hardworking taxpayers. The SPEAKER pro tempore. Mem- 1945 those can do many good things. b The other thing is trust. We have a bers are reminded that it is not in When it comes to the immigration order to engage in personalities toward trust deficit in this country right now. law, the directive there is that, when the President. I’ve spoken about it before. We have law enforcement encounters people Mr. GOHMERT. Mr. Speaker, at this who are unlawfully present in the the Dodd-Frank Act, which is barely time, I appreciate very much my friend United States, they are compelled to implemented even after 3 years. Much from Louisiana. We do border at our place them in removal proceedings. of it probably will never be imple- State lines there. We can be just the They shall be placed. That’s the law. It mented. We have ObamaCare, which is best of friends and never worry about doesn’t say ‘‘may.’’ We have had to now about 3 years old. Much of it can’t be somebody being moved into the other mount litigation against the President implemented. We have a President who person’s district for redistricting pur- couldn’t get Cap and Trade passed, so poses. But I appreciate so much the of the United States, in the name now he’s trying to pass regulations to do perspective. As a person who spent his of Janet Napolitano, to compel him by that. We have a President who couldn’t professional life and his training all pleading to the court to keep his own get the DREAM Act passed, so he geared toward helping others, admin- oath of office. rolled out a regulation to make it istering to others, and addressing their All of this is about expanding the de- occur as an end run around Congress. needs, I appreciate that perspective of pendency class in America. This is We have a President who has tried to an excellent physician here. about making government bigger. It is convert the NLRB from a very bal- At this time, I would also like to about what the end result is—higher anced board to really manage labor yield such time as he may consume to taxes. It’s about borrowing more unions and their relationship with my friend, the gentleman from Iowa money from the Chinese and the Saudis management to a very pro-union polit- (Mr. KING). to run our government. The President ical tool for government. Mr. KING of Iowa. I thank the gen- got to the point where he didn’t like So when we have a situation like tleman from Texas for pulling this to- his own law, ObamaCare, and an- that, what we really have is a Presi- gether and for yielding. nounced in this pretty-hard-to-figure- dent that picks and chooses the laws I recognize the admonishment from out way—I wasn’t actually watching that he wants to enforce and he wants the Speaker. I don’t think, though, the Web site of the second in command to obey and he wants to acknowledge that we are constrained from raising of the U.S. Treasurer when the an- and ignore the rest. By passing all of objection when the President of the nouncement came out—that we’re these massive comprehensive bills that United States willfully violates his going to extend ObamaCare and the Senators and Members of Congress oath of office. It is not a personality mandate on employers by another don’t even read before they are passed, issue; it is a constitutional issue. year. He has no constitutional author- all we are doing is offering a smor- I would direct, Mr. Speaker, the at- ity to do that either. The ObamaCare gasbord to the President that he can tention to article II, section 3, in the legislation says that the employer pluck just the parts that he wants, and United States Constitution that says mandate shall be enacted each month he could add some more if he chooses that the President shall take care that after December 31, 2013. It doesn’t say to do that. the laws be faithfully executed. ‘‘may.’’ It says ‘‘shall.’’ The only way

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.033 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4507 the President gets any of this author- Not only is it perpetual amnesty for and talked about history and patriot- ity that I’ve mentioned is by coming anybody who is here and for anybody ism and those things that one would in back to Congress and asking us to ap- who would come here, it’s also retro- that scenario. At the conclusion of this prove it. active amnesty, which means, of those speech, I presented the medals to an Now, when you see the rule of law un- folks who were deported in the past, American veteran who had not received dermined, Mr. Speaker, and when you the bill actually sends an invitation the medals that he had earned. The see that the lines between article I, the through the language in the law that certifications were not in order, and we legislative branch, and article II, the says we didn’t really mean it. We real- had put those certifications back in executive branch, are willfully blurred ly didn’t mean it. It’s retroactive. Why order and had acquired all of his med- by the President of the United States, don’t you reapply and come to the als that he had had coming. We put it eventually brings out a constitu- United States. We’ll put you in the them on a framework, and I presented tional crisis. In the middle of all this same path as those other folks who them to this man. The man’s name is— constitutional crisis, we have, accord- jumped in ahead of the line and vio- it’s in the press in Sioux City now, I’m ing to the people who want to grant lated the law—committed the crime of sure—Raul Macias. amnesty, 11 million people who are un- crossing the border if they crossed it il- He came into the United States from lawfully present in the United States. legally or overstayed their visas—com- Mexico at age 22. He married an Amer- The law refers to them as ‘‘illegal mitted a violation of a civil mis- ican and was nationalized as an Amer- aliens.’’ The President has said, I will demeanor, which is still serious. Then ican citizen. He joined the Army at age not enforce the law against them un- of those who worked here, most all of 31 and was deployed over into Germany less they have committed a felony or them, if they were unlawfully present as a cold warrior when we were lined three mysterious misdemeanors. in the United States and if they law- up against the Soviet Union. At one They have pushed legislation in the fully could not work in the United point, he wandered across the border United States Senate that says, really, States, committed document fraud in into East Germany and was picked up this: other than those exceptions that order to pull that off. The bill also by those folks wearing those uniforms. I’ve mentioned—those who have com- grants amnesty for those who com- Thankfully, they released him and let mitted felonies and have been caught mitted document fraud, and it grants him come back. He served our country, at it, and I suppose if they would admit amnesty for those who knowingly and and he served our country proudly and to it that would be another category in willfully hired people who are unlaw- honorably. which they’d be disqualified—and other fully present in the United States and After all of the words that I said on than those who have committed those legally can’t work. That’s the situation Friday and after I presented him the mysterious misdemeanors, setting that we’re dealing with. medals, I also presented him the micro- aside, everybody who came to America Mr. Speaker, we’re dealing with the phone and said, This is your oppor- before December 31, 2011, gets legalized, destruction of the rule of law at least tunity to speak. He said three words in however they got here. Of course, espe- with regard to immigration law. If we his acceptance speech: ‘‘Thank you, cially if they arrived here illegally and can’t reconstruct respect for the rule of America.’’ if they overstayed their visas, they get law in the years since 1986, how in the That’s a man who did it the right legalized under the Senate Gang of world would anybody think we could way—the kind of people we need to re- Eight bill. Then, for those who would reconstruct the rule of law in the years spect by the millions in this country arrive after December 31, 2011, there is since 2013? How could anybody think who did it the right way. an implied promise that they have as that because they want enforcement in It’s no respect to them if we destroy much moral standing as the people who the future that they have to sacrifice the rule of law. Legalization is destruc- would receive the amnesty in the act of the rule of law today? How could they tion of the rule of law, and legalization the law, so the implication powerfully think that sacrificing the rule of law is a path to citizenship. We must pre- is they also would receive their am- today doesn’t mean that you’ve sac- serve, protect, defend, restore, and re- nesty in their due time. rificed the rule of law for the duration furbish the rule of law with our immi- So that is the definition, Mr. Speak- of the life of this Nation at least with gration policy in the House. We are the er, of perpetual amnesty—amnesty regard to immigration? If you can last stop. We are the defense. We are that goes on forever. We are still work- make the argument that the rule of the redoubt for the rule of law right ing on restoring the rule of law since law can be set aside forever with regard here. I’m glad to count a lot of people Ronald Reagan’s 1986 amnesty act. We to immigration, how then do you make in this Congress my friends. I’m glad to are working to restore it. If this Gang the argument that there isn’t some count those who stand for the rule of of Eight bill is passed or if legalization other sector of the law that has as law as my closest friends. passes this Congress, what that says is much merit as those folks whom I appreciate the gentleman from all of those years of seeking to restore they’re trying to get legalized now? Texas. immigration law after the ’86 amnesty There isn’t anybody under the bill in Mr. GOHMERT. Thank you. I appre- act are all wasted. All of that labor, all the Senate or under the amnesty provi- ciate those observations so much, and of that effort, all of that preaching on sions that have been proposed here in it brings to mind our colleague from principle and going back to the con- the House who isn’t going to be put in down in central Texas who is also a stitutional core is all wasted if we le- front of the line of those people who former district judge. He and I share galize people here. It’s also retroactive are in a foreign country politely and that, but he was a district judge twice amnesty. Anybody who is here or any- respectfully waiting their turns. There as long as I was. body who could ever get here, other are at least 5 million people in various So many people say, Well, you’ve got than those exceptions that I men- visa categories who have respected to have compassion. Despite the allega- tioned, gets the path to citizenship. American law, and they’re waiting in tions from friends on the other side, we Whether you make it one more step or their home countries for the oppor- have compassionate Republicans, and one less step, it’s the same thing. It’s a tunity to come into the United States. our hearts break for people. For one path to citizenship. We need to respect them. We need to thing, there are all of those people who ‘‘Amnesty.’’ We should understand respect the millions of legal immi- are out of work who really want to what it is. To grant amnesty is to par- grants who have followed the law to work now, and we haven’t created that don immigration lawbreakers and to come into the United States lawfully environment—through ObamaCare, reward them with the objective of their and to follow the path of citizenship through the welfare state, through the violations. That’s ‘‘amnesty.’’ I will de- lawfully. problems with not respecting and ad- bate anyone at any time on amnesty. I will give you an example, Mr. hering to the law when it comes to se- I’m ready to do that any time myself, Speaker, of just last Friday when I was curing the border. The government has and I’ve defined ‘‘amnesty’’ for a long invited to speak before the State con- the obligation, from both a Biblical time. The American people understand vention of the American Legion. They perspective and a secular perspective, what it is even if they don’t articulate held it in Sioux City, Iowa. I was privi- of enforcing the law and of making it exactly the way that I suggested. leged to be there, and I gave a speech sure the people within its boundaries

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.037 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4508 CONGRESSIONAL RECORD — HOUSE July 16, 2013 are protected who are lawfully there. The key is not the total GNP or GDP Here’s another study, a 2009 study by That is the obligation. for our country. The key is the total the Pew Hispanic Center that con- Sometimes defendants would come GNP and GDP per capita. If our gross cluded that there were 7.8 million ille- before me as they’d come before Judge domestic product goes up a little bit gal aliens who were holding jobs in CARTER, from central Texas, during his but the population goes up a great America. Okay? Stated differently, days on the bench. They’d know you amount, then we, individually—Amer- that’s 7.8 million job opportunities were a Christian, and they’d bring a big ican families, individually—are now that Americans have lost. Why? Well, Bible and try to play on your senses— living under lower economic condi- quite frankly, because illegal aliens are well, you’ve got to have compassion. tions. Stated differently, our standard often willing to work under the table, I’ve got a big Bible here, and God has of living has declined; and, in that get paid under the table; because ille- worked in my life, so now don’t sen- vein, rather than just making an argu- gal aliens are often willing to work for tence me harshly. Judge CARTER had ment, I want to share some data that less than Americans are; quite frankly, one gentleman come before him who buttresses that argument. because illegal aliens are often willing said, Judge, I know you’re a Christian, The Congressional Budget Office, to look the other way with respect to so you’ve got to have forgiveness, and which has been rather kind in my judg- the worker safety laws that we have you’ve got to forgive me. Judge CARTER ment to its evaluation of the Senate imposed in order to protect our Amer- replied, Sir, individually, I do forgive Gang of Eight legislation, issued a re- ican workers from bodily harm. There you, but the State of Texas sentences port called ‘‘The Economic Impact of were 7.8 million job opportunities that you to 20 years in prison. S. 744.’’ were lost. The Federation for American There is a difference. Individually, Immigration Reform thinks that num- b 2000 you can have that compassion and ber is low. They have it at 8.5 million should, but when you’re acting as the This report was issued just last job opportunities lost to American citi- government, people expect you to have month in June of 2013. I’m going to zens, and that’s today before the Gang respect for the law, adherence to the quote for the record parts of that re- of Eight bill gets implemented. law, so that there is a country in which port: Harvard professor George Borjas people can come and feel safe, at least S. 744 would lower per capita gross na- found in a study released in April of reasonably so, and understand that the tional product by seven-tenths of 1 percent 2013, again just a few months ago: in 2023. law is going to be applied across the Illegal immigration reduces the wage of board. So over the next 10-year period of native workers by an estimated $99- to $118 We have also been joined by our time, rather than our GNP growing per billion a year. friend from Alabama. I am proud to capita and America doing better indi- Let me read that again: have had him join Congress back 21⁄2 vidually, it declines under this bill. It’s Illegal immigration reduces the wage of years ago in the great sweep, so I yield not just stagnant, the kind of stagna- native workers by an estimated $99- to $118 billion per year and generates a gain for to my friend Mr. BROOKS from Ala- tion that we have suffered for the last 5 or 6 years or so. There is a decline in businesses and other users of immigrants of bama. $107- to $128 billion per year. Mr. BROOKS of Alabama. Thank GNP per capita, which means that the Is it any wonder the United States you, Mr. GOHMERT. amount of money each American Chamber of Commerce is spending mil- I have a firm belief that, if the people household has to spend to take care of lions of dollars to try to induce Amer- understand the truth, then they’ll their daily needs goes down because of ica to go with the Gang of Eight bill make the right decision. There have the Senate Gang of Eight bill, because that will legalize 11 million foreigners been a number of arguments advanced it is both legalizing and admitting into and add another 33 million foreigners by the other side on this immigration– our country a total of 44 million for- over the next decade? They see profits illegal alien debate that are misleading eigners who are going to be seeking coming from this increase in the size of at best, and I’m going to touch on a jobs that Americans already have or that Americans want. the workforce, which in turn will de- couple of them with your permission. crease the wages that they pay not First and foremost, there is the argu- Further in the report: only to illegal aliens, but also to lawful ment advanced that our economy is Average wages for the entire labor force immigrants, and also to American citi- going to do better, and, hence, Ameri- would be one-tenth of 1 percent lower in zens. So that’s where the United States cans will do better. Half of that is 2023’’ because of Senate bill 744. By 2016, just Chamber of Commerce is coming from. right. Bear in mind that the Senate 3 years from now, that would be four-tenths of a percent lower, where our wages again They certainly have a financial inter- Gang of Eight bill legalizes, at a min- are going down. est. imum, 11 million illegal aliens who are Also notably, in another admission, Now I want to emphasize something. now present in the United States of S. 744 will ‘‘slightly raise the unem- We should not be debating bringing in America. Also bear in mind that, over ployment rate through 2020.’’ these mass numbers of foreigners into the next decade, according to the De- So not only do we have a suppression the American workforce in this kind of partment of Homeland Security report, because of this amnesty, because of context. America currently suffers a 7.6 the Senate Gang of Eight bill will bring this open-borders nature of the Senate percent unemployment rate. Asian into America lawfully, roughly, 33 mil- Gang of Eight bill of individual in- Americans suffer a 5 percent unemploy- lion foreigners who are not here pres- comes, we also have more Americans ment rate. White Americans suffer a 6.6 ently. Now put those numbers to- who are unemployed, according to the percent unemployment rate. Even gether—11 million legalized plus 33 mil- Congressional Budget Office worse, Hispanic Americans suffer a 9.1 lion to come in lawfully. That totals 44 I think that their numbers, quite percent unemployment rate. Even million lawful workers added to the frankly, are rather kind to the Gang of worse, African Americans suffer a 13.7 American workforce. That is out of 144 Eight bill. I think it’s going to be much percent unemployment rate. And even million total number of people who are worse. In that vein, let me share some worse, American teenagers suffer a 24 employed in the United States econ- other data points. According to The percent unemployment rate. omy, according to the June—last Heritage Foundation report that was Does it make sense to anybody that month—of 2013 Bureau of Labor Statis- issued a few months ago: when we have unemployment in so tics. Unlawful immigration appears to depress many different segments of our econ- If you look at these numbers—if you the wages of low-skill U.S. born and lawful omy so high that we should legalize an- bring in 44 million people—of course immigrant workers by 10 percent, or $2,300 other 11 million workers and bring in America’s gross national product and per year. Unlawful immigration also drives an additional 33 million workers over gross domestic product are going to in- many our most vulnerable U.S. foreign work- the next decade to compete for jobs crease, but the misleading part of it is ers out of the labor force entirely. when Americans are having such a dif- this: that does not necessarily trans- That’s a big number, a drop in wages ficult time in this economy not only late into a higher standard of living for of $2,300 per year for low-skill Amer- getting jobs, but getting quality jobs? Americans and foreigners who are law- ican born and lawful immigrant work- That having been said, Mr. Speaker, I fully in America. Let me explain. ers. would submit that it is a myth that the

VerDate Mar 15 2010 06:27 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.038 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4509 economy is going to become better be- And I want to note something about security issue. Because for those of us cause of this large importation and le- the gap between 1963 and 1973. You’ll who are here on the floor this evening galization of immigrants. Sure, Amer- remember these welfare programs that having this conversation, we were ica’s GDP will go up, but that’s not the got passed as a part of the Great Soci- elected by the American people. We issue. The issue is whether the quality ety program where America started were elected by American citizens who of life for individual Americans goes paying foreigners to come into our have the privilege to vote in this coun- up, and under this legislation, virtually country where they start accessing try. We are elected by Americans, and every study I have seen, in fact, says welfare benefits? I would submit that we are here representing the interests that it goes down. That’s one of the that is a huge incentive for why these of American citizens. And it is Amer- reasons why we have to stop this. individuals have come to America who ican citizens, Mr. Speaker, who have I’ve got one other myth that I would previously would not have come here the obligation to pay for all of the pro- like to talk about. The whole premise under illegal terms. But because we’ve grams that we fund here in this Cham- of this immigration law debate is that got laws in place that pay and ber because our Constitution provides the laws need dramatic changing, they incentivize illegals to come here, that that all of the spending begins right aren’t working. I would submit that is, in fact, a major reason why they’re here in the House of Representatives. that’s not the case at all. The problem here. Spending is something we’re pretty is not so much with our immigration Nonetheless, the myth that the laws good at. We spend a lot in this House. laws. Sure, there’s some tweaking that are the problem, is not it. It’s a lack of As a matter of fact, it wasn’t too long can be done in order to make sure that enforcement of the laws on hand. And ago I was sworn in. I took the oath of we admit into our country those indi- the myth that this administration has office right here in this Chamber, and viduals who have particular skill sets been really good at returning illegals, America was $8.67 trillion in debt, Mr. or educational levels or wealth that that’s true only if you look at half of Speaker, on that January in 2007 when will enhance our economy. Sure, we the problem. If you look at the whole I took my oath of office. can do that kind of tweaking. But it’s problem, then, quite frankly, this ad- We were horrified. How were we ever a myth to say that we have 11 million ministration in 2011 was doing far going to pay off $8.67 trillion in debt? illegal aliens in America because of our worse than previous administrations 2007. Today that number has been run- laws. That’s not the case at all. We have done or as has been done in 2003, ning, and officially, according to our have 11 million illegal aliens in Amer- one decade ago, two decades ago, three Treasury Department, it is something ica, quite frankly, because the White decades ago, and four decades ago. under $17 trillion. But that’s kind of House, the executive branch of our gov- Mr. GOHMERT. I thank the gen- unusual because that number has actu- ernment, has absolutely refused to en- tleman from Alabama. Those were real- ally stayed exactly the same, according force the laws that are on the books. ly amazing numbers that you provided, our Treasury Department, for about 56 And I’m not talking about just this ad- and we’ll talk about those further. days running. Mr. Speaker, at this time, I would ministration. I’m talking about 20 b 2015 years of neglect by the White House like to yield to my friend from Min- and the executive branch. nesota (Mrs. BACHMANN) for such time Of course we know that isn’t true. We Let me share some numbers with you as she may consume. overspend by billions of dollars every on that point, and then I’ll defer back Mrs. BACHMANN. I thank the gen- day. The number is actually something to my good colleague, Mr. GOHMERT. tleman from Texas, Representative pretty close to $17 trillion. So let’s In 2011, the number of Border Patrol LOUIS GOHMERT, and I also thank my think about that: $8.67 trillion and, returns plus illegal aliens deported by colleagues who preceded me and all the today, $17 trillion in debt. Why do I court order was 715,495 individuals. marvelous comments they have given: bring that up? Who cares about these That’s an important point to note. Mr. BROOKS from Alabama and the sta- numbers? They’re so big, we can’t even Okay? tistics that he has just given and all comprehend them. Well, I care. I’m a You’ve heard the myth that this ad- the other stories. mother. I have five great children and ministration deports more than any I look at the context of this issue, 23 foster children, and parents across administration in history, or words to Mr. Speaker, and the issue of dealing America are scared to death about the that effect. That’s kind of true, but it’s with the whole strata of illegal immi- kind of America their children will in- misleading because that’s only half of gration. What are we talking about? herit, because any fair-minded person the number that you need to look at. There are so many aspects. One of realizes you can’t spend more money It’s not just the deportations by order those aspects, of course, is the issue of than you take in, otherwise you go to that you look at. It is also how many why in the world isn’t America’s bor- the poor house and you declare bank- times has our Border Patrol caught in- der secure today? This is something ruptcy. And we don’t want our children dividuals and returned them. So in that is incomprehensible to the Amer- in that position where they declare 2011, we have roughly 715,000 Border Pa- ican people because there is something bankruptcy. trol returns plus deported by court that the American people should de- Maybe that explains part of the rea- order. mand and that they have a right to ex- son why we have 22 million people in Let’s go back to 2008, the last Presi- pect, and it is that their country has a this country today who are looking for dent before the current President. Dur- secure border at every level. Not only full-time work, and they can’t find it. ing that year, you put those two num- just at the point of entry, but for peo- Twenty-two million people looking for bers together, and it was 1.1 million ple who come into the United States on full-time work, and what are we doing that the Border Patrol returned plus a lawful, legal visa. The American peo- here in Congress? The Senate can’t deported by court order. That’s a big ple have a right to expect that those wait to give amnesty to illegal aliens, number—64 percent more returned people also will stay for the time that so we’ll have a minimum of 11 million than in 2011, the most recent year for we have granted those people and that immediately who’d have legalization which I have information. they will not overstay. status in this country; and we would A decade ago, it was again 1.1 million The one thing that we’ve learned, Mr. have, as Mr. BROOKS said, up to 44 mil- Border Patrol returns plus deported by Speaker, is that 40 percent of the prob- lion people before long in this country. court order—62 percent more than this lem of illegal immigration, 40 per- So now what are those 22 million administration in 2011. In 1993, two dec- cent—4 out of 10—people are over- Americans supposed to do? Mr. Speak- ades ago, 1,285,952 illegal aliens were staying their visas. That included some er, I say it is America first, and the in- returned pursuant to Border Patrol re- of the terrorists that were involved in terests of the American people first. turns or deported by court order—80 the 9/11 bombing. That’s why this is so The American people need jobs. They percent more than in 2011. In 1983, it important. deserve jobs. It’s Americans first that was 950,000—33 percent more than 2011. We aren’t talking just about an aca- we need to think about. So we have un- In 1973, four decades ago, it was 585,000. demic exercise, Mr. Speaker. We are employed. We have a terrible debt And in 1963, it was 77,000 Border Patrol talking about a national security issue. that’s growing, and we have less than returns plus deported by court order. We’re also talking about an economic anemic economic growth.

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.040 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4510 CONGRESSIONAL RECORD — HOUSE July 16, 2013 One thing Mr. BROOKS mentioned, ing down the Social Security benefits we’re all given when you get on an air- when President Obama took office in that we earned and the Medicare bene- plane is if there’s a loss of cabin pres- 2008, the average household income was fits that we earned and accessing sure, you lose oxygen, then you must somewhere around $55,000 a year. It was whether it’s ObamaCare or the 80-other put your own mask on before you help shocking to learn after 4 years in of- means-tested welfare programs, at the others. Let’s face it, America is strug- fice, the average household is now worst possible time, Mr. Speaker, this gling right now in a number of ways, looking at something like $50,000 a Chamber is looking at adding over 40 but particularly economically. This is year. That’s a tremendous loss in in- million new illegal aliens into the sys- the worst recovery from any recession come for the average American. As Mr. tem to redistribute wealth from Amer- we’ve ever had, the longest, the poorest BROOKS told us earlier, Mr. Speaker, ican citizens who worked hard and recovery from any recession. We’re about $1,300 a year is attributable in earned that money, to redistribute it still struggling, having millions and lost income strictly because wages are to illegal aliens that we have given le- millions of Americans out of work; and depressed because illegal aliens are galization status so that they can have it’s not because of a lack of compassion working for less than the American Social Security and Medicare and that we say we need to follow the law, people. ObamaCare and 80 different means- we need to respect the law. It is out of I say, Mr. Speaker, it’s the American tested welfare programs. respect for the rule of law, for this people first. It is American wages first. Mr. Speaker, I ask you this: When we country. We’re in a position as govern- It is American benefit packages first. go from $8.6 trillion in debt to nearly ment, we have got to make sure that What in the world are we doing, Mr. $17 trillion in debt, we’ve doubled it in we follow our oath, that we do the best Speaker, if we aren’t thinking about about 6, 7 years’ time, and then you we can to make this country as strong how we can create more jobs for the add in 40-some million new illegal as possible because we know there is no American people first. And higher aliens, you up the benefit package from other country in the world that has as wages for the American people first. ObamaCare, all while we’re seeing in- many people wanting to come visit or And more benefits for the American creased levels of unemployment, we’re live in this country. This is number people first. seeing lower rates of increases in GDP, one in the world for people wanting to Why did the President 2 weeks ago I ask you, Mr. Speaker, how compas- come visit or live. have to unilaterally have a press con- sionate is that to American children But if we do not keep it viable, keep ference, or release a press statement— that are born in this country? How it strong, get the mask on, get the oxy- that’s apparently the way he governs compassionate is it when their wages gen flowing again, get the patient these days—and say that his employer have gone, the average household, has strong again, then this is not going to mandate for big businesses will have to gone from $55,000 down to $50,000? How be a place that others in the world are be delayed a year? Why did he have to compassionate will it be, Mr. Speaker, going to want to flee to as a refuge. It do that? Because he knows it simply when our children can’t even afford to is very critical what we do here. doesn’t work. have a savings account anymore be- My friend from Minnesota brings up And yet if we have legalization for il- cause they’re scraping by and their the point about taxes being paid. Con- legal aliens in the United States, we wages are lowered and their benefits gress some years back passed—and will see that very quickly we will have are lowered and the jobs are fewer and there are a couple of different kinds of literally tens of millions of new people inflation is going sky high? How is that child tax credits where actually if who’ll have access to all of these bene- compassionate? you’re an American that’s authorized fits because it’s not cheap, you see. Because, you see, I remember, Mr. to file income tax and you have a So- Amnesty costs a fortune, you see. Be- Speaker, that my parents left me a cial Security number, then you can cause this year alone, Mr. Speaker, country that was better than the one claim those child tax credits. So we we’re looking at $54 billion a year. Do that they inherited from their parents. have people who are getting more illegal aliens pay taxes? Yes, they do. And my grandparents, Mr. Speaker, in- money back because of the tax credit They pay sales taxes, gas taxes, var- herited a better country than my great than they actually paid in, and Con- ious forms of taxes. But when you take grandparents left for them, and so on gress made clear you have to have a what illegal aliens are paying into the and so forth going back in time. Social Security number in order to do U.S. Treasury versus the benefits that You see, I can’t fathom, Mr. Speaker, that. But as I understand it, there were they take out, that means that Amer- nor can I fathom that Mr. GOHMERT some people at the IRS who in between ican citizens have to cough up an extra also would do anything that would line dancing sessions had determined $56 billion a year. It is a net drawdown leave less than a better country for the that, you know what, there’s a lot of on the U.S. Treasury. You see, it has next generation because, you see, money out there by people who don’t consequences, Mr. Speaker, not only that’s what this is about. We were sent have Social Security numbers that if for the Treasury but for the American here by the American people to be we got them to pay taxes, even though people, for my children, for Represent- about America first and, Mr. Speaker, they’re not legally here, if we got them ative GOHMERT’s children, and I dare about our children first, and whether to pay taxes, think about all the extra say for your children as well, Mr. this America that they inherit will be money that’ll flow into the Treasury. Speaker. a better America. So why don’t we, as a regulatory This is something we have to realize, And that’s why this discussion that body, and we know Congress didn’t au- that by year 13 of the bill that’s al- Mr. GOHMERT brought to the country thorize it, but why don’t we just give ready being considered in the United tonight is so vitally important, and we them a tax ID number, even if they’re States Senate, it won’t be $56 billion a can’t stand by and watch our country illegally here, so they can be paying in year that illegal aliens are costing the change forever and watch our children all of the taxes to help the country. U.S. Treasury. It will be over $100 bil- shortchanged. And so I’m going to And an analysis earlier this year by lion a year. And when those illegal yield back to the gentleman from different groups indicated that we may aliens come into retirement age, be- Texas because he has profoundly put in be, because the IRS authorized people cause you see the average age of an il- front of the American people the issue to pay taxes into the system with tax legal alien is 34 years of age with less that will structurally change our coun- ID numbers rather than Social Secu- than a 10th grade education, by the try forever. You see, Mr. Speaker, rity numbers, we’re probably paying time those illegal aliens come into there’s no going back once we go down out between $1 billion and $4 billion to their retirement years, it’s not $56 bil- this road. And I know I’ve heard the people who are claiming child tax cred- lion a year that it will cost the tax- gentleman from Texas speak on this its that are not authorized to claim payers. It is adjusted for inflation, $150 many times so eloquently. I thank the those because they’re illegally here. billion a year because we’re talking gentleman for all he has done. We had newspaper reporters go out, very expensive retirement packages. Mr. GOHMERT. Those are wonderful people in the media, go out and do So you see, Mr. Speaker, at the worst points, and it brings back to mind what their own investigations and find a possible time when baby boomers like someone has said before. The example house here or a house there where a myself are getting to the point of draw- of being on an airplane, the instruction whole bunch of different people are

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.042 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4511 claiming that they live and that chil- programs that we have in the United my colleagues on immigration, but I’ll dren are living there by the scores that States. We give away to people who are let that go. I would just say one thing. aren’t actually living there. And so it virtually paying no taxes under the In- The last comment that was made about comes back and raises the issue, like come Tax Code, income taxes, $70 bil- the earned income tax credit, I would Mr. BROOKS was pointing out and my lion a year. So people who aren’t pay- remind my colleagues that that was a friend, Mrs. BACHMANN, was pointing ing into the system now for income Ronald Reagan program. Take that for out that it doesn’t necessarily follow tax, they’re receiving $70 billion a year. what you might. that just because you give people legal The estimate is that, after amnesty, Back to Make It In America. These status, all of a sudden you’re going to once we grant amnesty to illegal are the basic issues. We talk about be flooded with new tax dollars coming aliens, we’ll raise that to $80 billion a trade policy, fair trade policy, not giv- in. year. So we’re going to increase the ing away our opportunities; tax policy, I also want to point out there’s this cost. to encourage manufacturing and jobs issue that keeps coming up about com- So what we’re seeing happening, by here in United States; energy policy, passion. There is no more compas- granting amnesty to illegal aliens, how we’re going to renew our energy sionate people in the world than the we’re importing a group of individuals system, become energy independent, American people as a group. You’ll find who are tax consumers, revenue con- the role of clean fuels, the role of re- individuals extremely compassionate sumers out of the Treasury. And one newable fuels and gas; the labor mar- around the world. I’ve been in places thing that we need in this country are ket, education. where I’m deeply moved by how won- more people who are paying into the Perhaps the most important of all of derful they are; but as a Nation of peo- system, not people who are taking out these is a well-educated workforce. If ple, this is the most compassionate Na- of the system. we have that, many of these other tion in the history of the world. And But bottom line, we need to have a issues would fall into place—the role of individually, people in this Nation have country where America comes first, research in creating tomorrow’s econ- done more to assist those suffering where the American people know that omy, tomorrow’s businesses, the things around the world, and it would seem to our borders are secured, that our laws that need to be made in the future. be the healthiest thing to do as a Na- will be upheld, and that the American But tonight we want to talk about, tion, to make sure there is respect for people will come first. not the least on this, it just happens to our law, adherence to our important Mr. GOHMERT. Mr. Speaker, I yield be the lowest on this list, and that is laws, and then make the country back the balance of my time. infrastructure. It’s one of those critical healthy. f investments. It’s the foundation upon Capital, we know—money, that is— which the economy grows or not. If we REPORT ON RESOLUTION PRO- investment money comes in. It flows, have a solid infrastructure—transpor- VIDING FOR CONSIDERATION OF as the saying goes, capital is a coward. tation systems, water systems, sanita- H.R. 2668, FAIRNESS FOR AMER- It flows into countries where it feels tion systems, communication systems, ICAN FAMILIES ACT; AND PRO- the safest. Make this country a strong research facilities, educational facili- VIDING FOR CONSIDERATION OF country again economically so then we ties, that’s all part of the infrastruc- H.R. 2667, AUTHORITY FOR MAN- are able to go, as so many churches ture. Some of it is private; much of it DATE DELAY ACT have, to Latin American countries, to is public investment. But this is one of countries around the world, and reach Mr. BURGESS (during the Special the fundamental investments, along in and help them not by giving them a Order of Mr. GOHMERT), from the Com- with these other issues here, that our fish, as the old adage goes, but by mittee on Rules, submitted a privi- economy has traditionally made over teaching them to fish and providing leged report (Rept. No. 113–157) on the the years. And unfortunately, in the them a means to have food and to resolution (H. Res. 300) providing for current situation, we seem to be falling make a living. That’s a compassionate consideration of the bill (H.R. 2668) to off the power curve that created the kind of thing. delay the application of the individual foundation for the American economy There is no reason that Mexico health insurance mandate; and pro- upon which to grow. should not be one of the top 10 or even viding for consideration of the bill So today, we’re going to really focus top five economies in the world; and if (H.R. 2667) to delay the application of on this infrastructure issue, not a new we were the proper kind of neighbor, the employer health insurance man- issue. Actually, George Washington, I we would lure the hardest working date, and for other purposes, which was think he was our first President, told Mexicans into America. We would help referred to the House Calendar and or- his Cabinet Secretary, Treasury Sec- them have a strong, vibrant economy. dered to be printed. retary, to develop a plan to grow the But that will never happen until they f economy, called, A Plan for Manufac- tures. have respect for and adherence to the MAKE IT IN AMERICA law, and that means ending corruption. Alexander Hamilton came back to So it is critically important we live up The SPEAKER pro tempore (Mr. Washington with a plan. One of the to our oaths here. Some of us have BENTIVOLIO). Under the Speaker’s an- many points that he raised and sugges- even paid parking tickets we didn’t nounced policy of January 3, 2013, the tions that Alexander Hamilton made owe because we had a Park policeman gentleman from California (Mr. was to create infrastructure. He said that didn’t know the law. GARAMENDI) is recognized for 60 min- the Federal Government ought to build utes as the designee of the minority canals, ports, and roads, fundamental b 2030 leader. infrastructure upon which the Amer- It doesn’t matter. The law is impor- Mr. GARAMENDI. Mr. Speaker, ican economy would grow. And those tant to respect and to follow, and we thank you for the opportunity to dis- things were done right back at the very cannot become a healthy Nation until cuss this evening jobs, putting Ameri- beginning of this country. So from the we have that out of the Government of cans back to work, building our foun- very earliest days, the Federal Govern- the United States. dation for economic growth. ment has been involved in building in- We have a couple of minutes left, and For many, many days now, in fact, frastructure. I’d like to yield to my friend, Mrs. for more than 2 years, the Democrats Now, tonight, joining me are two of BACHMANN, to finish our time. in the House have been discussing a my colleagues, Mr. DELANEY from the Mrs. BACHMANN. I thank the gen- project which we call Make It In Amer- great State of Maryland and Mr. CAS- tleman from Texas. ica. These are strategies that we’re TRO from Texas. They’re going to talk I wanted to add on to the child care putting forth to develop more jobs in about infrastructure. And I’d like now tax credits that you were speaking of. America, to rebuild our manufacturing to turn to Mr. DELANEY, who has a pro- There’s also another redistribution of industry, and to bring wealth back to posal that, actually, the President of wealth item in the Tax Code. It’s called the United States. the United States suggested in his the earned income tax credit. It’s one I would love to comment on the American Jobs Act program, a program of the largest redistribution of wealth issues that I’ve heard earlier with just that he put forth more than a year ago

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.043 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4512 CONGRESSIONAL RECORD — HOUSE July 16, 2013 that the Republican Congress has done that’s appropriate and consistent with Over a 50-year life, we expect that nothing with. So Mr. DELANEY has historical averages, even if we were to money to turn two to three times, and picked up one of the suggestions that make these investments, which I clear- so that could be up to $2 trillion of fi- the President made, made it whole, and ly believe we should and I know my nancing without any appropriations has presented legislation on an infra- colleague from California believes we from the Federal Government. The $50 structure bank. should, there’s still a very strong argu- billion that capitalizes the American Mr. DELANEY, please join us and tell ment, or the data would suggest, that infrastructure fund comes from selling us about how the infrastructure bank we will continue to accumulate an in- these bonds not guaranteed by the Fed- would work and what it would do for frastructure gap. In other words, the eral Government, 50-year bonds, 1 per- America. amount that we need to invest in our cent interest. Mr. DELANEY. I will do that. infrastructure to make us competitive As an incentive to get companies to Thank you, Mr. Speaker, for allowing will continue to grow. And so this is a buy these bonds, we’re proposing that us this time this evening. very, very significant problem. they get a tax break on their ability to And I want to thank my good friend And to put this problem in further repatriate their overseas earnings. and colleague from California for orga- context, we need to remember that in- We’ve all talked about the issue we nizing our discussion here this evening frastructure is services and invest- have with our Tax Code and how it’s and his work on Make It In America. ments for the common good. They’re created a situation where U.S. corpora- It’s important work, and it’s work we, public services, and they’re historically tions are accumulating significant as a Congress, should be focused on. made by governments, the Federal amounts of cash overseas. Under the American infrastructure fund, they I think my colleague from California Government, the State governments have a way of bringing back up to 10 knows that I’m very passionate about and local governments. the infrastructure investments that we And we all know that governments percent of that capital in a way that need to be making as a country. I, are under fiscal pressure right now. we know will create American jobs by investing in our infrastructure. quite frankly, believe it’s our number Both our Federal Government and our So we put forth the American infra- one domestic economic policy chal- local governments are under pressure. structure fund as a solution to the lenge and opportunity, and I say that So we need, as we think about invest- problems that my colleague from Cali- for three reasons: ing in our infrastructure, to not just be fornia is discussing, as an innovative First, it is the easiest way to get funding the existing programs that we financing solution to deal with the in- Americans back to work with jobs that have up to the levels that they deserve frastructure problems that this coun- have a good standard of living, which to be funded at—and that should be a try has, and to do it in a way that’s ad- should be one of our main focuses as a main priority of this Congress—but we ditive to the existing programs that Congress. also need to be thinking about new and exist and can be done in a way that is Second, making a smart and signifi- creative and fiscally sensitive and sus- fiscally responsible in light of the fis- cant investment in our infrastructure, tainable ways of investing in our infra- cal pressures that the country has. in our road and transportation infra- structure across the long term. So this is some of the work that structure, in our logistics, in our com- Our infrastructure problem is a we’ve been doing in our office to ad- munications and in our energy and multidimensional problem, meaning vance that important work that my water infrastructure, making a smart there’s lots of reasons we have this friend from California is talking about and significant investment in this in- problem, so we need numerous tools to this evening. frastructure will improve the overall solve the problem. And one of those Mr. GARAMENDI. Mr. DELANEY, that competitiveness of the United States, tools, I think, exists in legislation is a fascinating way of bringing capital which is the number one thing we that’s been filed that we led—it was to this program. California has numer- should be focused on when we think filed several weeks ago in the Con- ous high-technology companies, Apple about our future in the context of a gress—that right now has 18 Repub- and many, many others. All of them global and technology-enabled world. lican and 18 Democratic cosponsors, so come to us, representatives from Cali- The third reason I favor infrastruc- it’s truly bipartisan legislation. We fornia, and they complain about the re- ture investments is because they pencil also have 25 groups that have sup- patriation. They’d like to bring those out; in other words, the data over- ported the legislation, outside groups earnings from overseas back to the whelmingly suggests that an invest- representing both parties typically in United States. They’ve got maybe $1 ment in infrastructure has a very, very the terms of their orientation. trillion sitting out there, if I recall the good payback to the economy. The Partnership to Build America number. Maybe that’s about—I don’t Just to put the infrastructure situa- Act creates the American infrastruc- know. Whatever the number is, a lot of tion in this country in context, I want ture fund, which is designed to be a dollars. They want to bring it back, to cite a recent report done by the large-scale infrastructure financing ca- but they don’t want to pay the 35 per- American Society of Civil Engineers; pability that can finance many of the cent corporate tax. and they do a survey of our infrastruc- projects my colleague from California So you’re suggesting that they could ture every 2 years. The report recently will talk about tonight, Mr. Speaker. bring that back in a way that they came out and they provided us a grade. But what’s important about the Amer- wouldn’t face that tax, but the money They actually grade each component of ican infrastructure fund is it’s funded that came back would be—at least a our infrastructure. Our cumulative without any appropriations from the portion of it would be used to finance grade as a country—and remember, government. Instead, it’s funded by this infrastructure bank. this is the wealthiest, most successful providing corporations with an incen- Have I got this pretty much correct country in the history of the world. tive to invest. here? Our cumulative grade for our infra- Under the Partnership to Build Mr. DELANEY. That’s right. And the structure was a D-plus. And the civil America Act, the American infrastruc- estimates are up to almost $2 trillion engineers estimate that we have to ture fund is capitalized with $50 billion of cash. Mr. GARAMENDI. I understated it. make an investment of at least $2 tril- of capital. The capital comes from the Two trillion dollars sitting offshore. lion to $3 trillion to bring our infra- fund selling bonds that are not guaran- Mr. DELANEY. Two trillion dollars. structure up to a grade that we deem teed by the Federal Government. They And that reflects a significant problem successful—$2 trillion to $3 trillion. are long-term, 50-year, and they pay a with our Tax Code, which we’ll reserve In addition, there’s an argument that 1 percent interest rate, so they’re very for another session for discussion. the existing investments we make in attractive, low-cost capital that, if put Mr. GARAMENDI. That’s this thing infrastructure, even if they were to be into the American infrastructure fund, called taxes, number 2 up here. increased, the programs that we have, will allow it to provide $750 billion of Mr. DELANEY. Exactly, which is a the very, very important infrastruc- loan guarantees to local governments long discussion. ture programs we have as a country, and direct loans, if necessary, to local But under the Partnership to Build like investing or making sure the high- governments—$750 billion of funding America Act, the American infrastruc- way trust fund is funded at the level capacity. ture fund is capitalized by selling $50

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.047 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4513 billion of bonds, and we sell them to But in all seriousness, we have good want to go on the road, there is an in- corporations; and they’re not guaran- bipartisan support. I have 20 of my Re- frastructure of opportunity in America teed by the Federal Government, so publican colleagues on the bill with 20 that allows us to get to where we want there’s no taxpayer risk. For every dol- Democratic colleagues; 18 are on it of- to go in life. That infrastructure of op- lar of those bonds the company buys, ficially right now. We have received portunity would include, for example, they can bring back a certain amount very constructive feedback from all of great public schools and universities, a of their overseas earnings. We estimate my colleagues. They have all worked to strong health care system in an econ- that to be 4 to 1, but it’s actually de- make the legislation better. We are omy that’s built around well-paying termined by an auction that will be looking forward to continue to build jobs so that people can support them- done by the fund. good bipartisan support. I think we selves and their family members. So if $50 billion of bonds are sub- both know that when the private sector In fact, when we ask the question scribed to by some of the companies in and government work well together on here in Congress: What is it that dis- your State, some of the companies in economic challenges we get very good tinguishes America from among the my State, Maryland—because the dis- economic outcomes. nations of the world, I would argue trict I represent, part of the district I I want to thank you for giving me that it is the fact that over the genera- represent, Montgomery County, Mary- this time. tions, Americans have come together land, has the 270 transportation cor- Mr. GARAMENDI. Mr. DELANEY, to build out that infrastructure of op- ridor that is filled with information thank you very, very much. Obviously, portunity that allows each of us, no technology companies and bio- Maryland is very well represented with matter our race, our class, where we technology companies very similar to some innovative thinking from their come from, allows each of us to chase the kind of companies that are in your Representatives. our American Dream. district, so some of them may be from Infrastructure banks are not new. I think all of us understand, and I Maryland as well. This is a new way of financing it, and think you would agree with me, I have never met any American who has asked b 2045 a very exciting one. Thank you so very much for joining us this evening. for a guarantee of success in our Na- But if they buy $50 billion of bonds, Mr. DELANEY. We all build on each tion. Folks don’t ask for a guarantee of then they can bring back $200 billion other’s ideas. success. What they ask for is the op- from overseas tax free. Mr. GARAMENDI. We will continue portunity to pursue that success. So we The bonds, again, are nonguaranteed to work on this, and we will talk about must continue building not only the by the government, 50-year, 1 percent it again in the future. roads that we need and the highways, interest. So they’re not an attractive California is the most populous but also the great schools and univer- investment. The ability to bring back State. I didn’t say ‘‘popular,’’ although sities, a strong health care system, and that money tax free is the incentive for I would certainly say that. Texas being as you mentioned, with the American them to do it. They get to bring back the second biggest in geography. Jobs Act making sure that Americans money and invest it in our economy. We now have our new Representative can go to work and support themselves We get $50 billion to capitalize a fund from Texas joining us, Mr. CASTRO. and their family. that could provide $2 trillion, provide Thank you so very, very much. Texas I will just wrap up with this. There has been a lot of debate around here, the capital base to provide $2 trillion of likes to talk about all the good things and I know in the last hour there was, financing over 50 years without any they are doing. One good thing they did about immigration. There is a big de- cost to the taxpayer. was to send you here. So, Mr. CASTRO, bate about how to handle our immigra- So I think you summarized it per- please join us and talk to us about tion issue. That is a challenge and has fectly. Texas and infrastructure. Mr. GARAMENDI. I think you did. I been a challenge for this Congress. Mr. CASTRO of Texas. First of all, was trying to grasp the totality of it. It But if you put aside the debate over thank you, Congressman, for your lead- is a process in which now this is a piece what to do with folks who are here, ership on this issue and on this legisla- of legislation; it’s here in the House. I whether it is visas or permanent legal tion Make It In America. Thank you to would hope that our colleagues on the residency, whatever it is, and we just Congressman DELANEY for all of the Republican side that control the pas- ask ourselves, why is it for a few hun- work that he’s doing on infrastructure. dred years now that America has been sage of legislation, even the taking up In Texas, infrastructure obviously is of legislation in committee, would look the destination Nation for people from very important to us. We have a State literally every corner of the Earth, at this and go, oh, you mean we can ac- that, obviously, is incredibly large in tually build $200 million or $2 trillion why is that, I would argue it is because land mass, second only to Alaska. We we have built up a place, a society of of infrastructure over a 50-year period have, for example, the most number of without any appropriation, with no opportunity where people can pursue bridges of any State in the Nation, their dreams. taxpayer dollars, other than some miles and miles of interstate highways amount that’s foregone in the repatri- Congressman, I think you would and roads. agree with me, in all of the immigrants ation. So I stand here tonight with you to Very interesting, a very, very excit- I’ve met, whether they came from Eu- reaffirm the point that we must never ing proposal; and I would hope we take rope or Asia or Mexico or somewhere neglect our infrastructure of transpor- it up. else, I’ve never heard anybody tell me I am sure that there will be questions tation; building out our roads, our that the reason they came to our coun- about, well, who gets the money, who highways, our waterways, our mass try was because they were looking for decides which projects are going to be transit systems, making sure that the lowest corporate tax rate. People, selected. Americans can get to where they want in fact, come here because they are Mr. DELANEY. Right. Under our leg- to go by air, by land, by sea. We must looking to be part of a system of oppor- islation, the States make the deter- make sure that our infrastructure of tunity that as Americans we have built mination. The American Infrastructure transportation keeps up also and is up together. We must make sure, all of Fund has to develop an allocation proc- competitive with that of places in Eu- us in Congress, working as Republicans ess that every State has an allocation rope and in Asia, particularly for com- and Democrats united for our country, based on their economic science. mercial purposes. make sure that when somebody asks 50 Mr. GARAMENDI. California being But also, Congressman, I wanted to years from now or 100 years from now, the most populous State—— point out that just as there is an infra- where is it on Earth that people want Mr. DELANEY. You would have the structure of transportation, there is in to be, that the answer is still ‘‘the largest allocation. America another kind of infrastruc- United States of America.’’ We must Mr. GARAMENDI. Oh, I like that al- ture, and that is an infrastructure of build out the infrastructure of trans- ready. opportunity that allows each of us to portation and the infrastructure of op- Mr. DELANEY. Yes, I knew you pursue our American Dreams. So, for portunity to achieve that answer. would enjoy that feature of the legisla- example, just as there are streets and Mr. GARAMENDI. Mr. CASTRO, thank tion. highways that help us get to where we you so very, very much. Often, in fact,

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.049 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4514 CONGRESSIONAL RECORD — HOUSE July 16, 2013 I’ve talked about infrastructure in a man HINOJOSA, Congressman CUELLAR, very quickly. But for every dollar you physical way, that is, the physical fea- Congressman VELA, they’re working invest in the physical infrastructure, tures of roads and water systems. But very hard to change those things; but you are going to get back immediately your discussion of infrastructure being those changes have been slow in com- about $1.57 as that money churns the infrastructure of opportunity, ing. through the economy as the concrete is which does include those things, it also I will also point out with regard to purchased, as it is put in place, men includes this one, which is education, a the infrastructure of transportation, and women are doing that work, and critical element in the process of edu- which is part of the infrastructure of then that churns back through the cation. If we are going to build infra- opportunity, something that is also economy, actually giving great stimu- structure of opportunity, this is where missing. For example, when you try to lation to the economy. Not our words. opportunity starts for virtually every- drive—my fiancee is from a small town These are Mark Zandi’s words, the body in this country: the opportunity called Alton, Texas, right near Mission, chief economist of Moody’s Analytics. to get a good education. a few miles from the Texas-Mexico bor- This is a very, very well-known Part of that is the physical building der—when you drive from San Antonio thing. So if we want to really move the itself. Obviously, it is the teachers, the down to the Valley, you drive those 4 economy, we can take Mr. DELANEY’s way in which the subjects are taught, hours or so and there is no continuous idea about an infrastructure bank, not and access, access to not only K interstate highway that you can take an appropriation, invest and put people through 12, but also higher education. without stopping in town after town. to work and give a boost to the econ- This is one of the things that when we So you can imagine what that means omy; and in doing so, you also create talk about physical infrastructure, we to a traveler, but even more so what it better tax flow into the government. need to talk about the classroom itself, means for commercial enterprises, for The other thing, and this is some- about the facility, air-conditioning, as our businesses that are trying to do thing that I know Texas is working on, well as the communication systems, trade, trying to get their goods to Mex- as is California, and that’s rail trans- computers and other kinds of commu- ico, or importing their goods from portation. If I recall correctly, Fort nication systems. Mexico. Those things are very, very Worth is the headquarters of BNSF So the infrastructure of opportunity, important; and we’ve got to continue Railway. This is just a picture of a new what a wonderful theme, what a won- to do this great work that you’ve been Amtrak train that was manufactured derful way of describing America and a leader on. in Sacramento. Part of the infrastruc- this discussion we’ve heard before we Mr. GARAMENDI. I thought for a ture investment that is now being moment you were going to go into came on the floor about immigration. made here in the Northeast Corridor more detail about your own personal You could not be more correct. between Washington and Boston, this Mr. CASTRO of Texas. Thank you, emotions as you stop in every one of new train is 100 percent American- Congressman. these towns on your way to see your made. I would point out, for example, in fiancee, but we’ll let that go for an- Back in the stimulus bill, about 80- Texas, we have our challenges. In Cali- other time. some trains were proposed to be pur- fornia, for example, you have nine re- Mr. CASTRO of Texas. Well, I’ve got chased, about a half a billion dollars, search universities, which are the top- a story tomorrow. I think I’m going to and they wrote into it ‘‘must be Amer- tier universities. In New York, they join the folks about immigration on ican-made.’’ So Siemens, a German have about seven. In Texas, we only the immigration issue and what I’ve company, came to Sacramento where have three right now, so we have a long learned visiting those places. they had a light rail shop, decided they Mr. GARAMENDI. There’s much to way to go to catch up. could build a heavy-duty locomotive learn about that. But, again, if you go We are trying to catch up. In fact, and make it 100 percent American- back to our Make It In America agen- there was a bit of good news. Governor made. da, these issues, the labor market and Perry today signed a bill that would b 2100 education, fit into that infrastructure merge two schools, two colleges, two of opportunity. So this one is now being tested—the universities, in what is known as the I’ve always said that if you’re going first model out—and there will be some Texas Valley in south Texas, and ulti- to build an economy and have social 80 of these on the Northeast corridor, mately will create a medical school. justice, there are five things you must increasing the speed, the movement, That is very important for a few rea- always do: the transportation system. For all of sons. I want to use real quick this ex- First, you must have the best edu- America, rail transportation—light ample in the Texas Valley in south cation system in the world that’s avail- rail, heavy rail, and even high-speed Texas along the Texas-Mexico border, able to everybody so that they can rail—are ways in which we move our which is often in conversation here in climb that ladder, as you were saying physical transportation, and if we Congress. It is a place of about between earlier, that they have that oppor- cause those products to be made in 1 1 million and 1 ⁄2 million folks, very tunity; America, we also increase our manu- hardworking people, wake up early in Second, that you have a great re- facturing base. Again, it’s part of the the morning, go to work, put in a hard search system, and we do. Actually, we American program of making it in day’s work without complaint, and have 10 campuses of the University of America by using infrastructure. then go home to their families, often California. Some of the State univer- Mr. CASTRO of Texas. I think you’re go home and say prayers of thanks to sities are now picking up some of the absolutely right on that. For example, God for what He has given them. research agenda also. But anyway, the Congressman GARAMENDI, last week, In that area known as the Texas Val- research; San Antonio received word that, in a ley, cities like Edinburg and McAllen And then you need to make things year, our exports went up 33 percent. and Weslaco and Brownsville, did you coming out of that. That’s the manu- There was a 33 percent increase in ex- know that you still can’t get a medical facturing. And that may be a computer ports. degree anywhere in that area, any- program, or it could be an automobile. Mr. GARAMENDI. From the city and where south of San Antonio, my home- But you need to be making things, add- region of San Antonio. town? You can drive the 4 hours be- ing, creating value; Mr. CASTRO of Texas. In San Anto- tween San Antonio and the Texas-Mex- The infrastructure being the fourth; nio. Coming from San Antonio. So ico border and not be able to get a med- And the fifth being you’ve got to be these channels for getting our products ical degree. You can’t get a law degree willing to change. You can’t do what to different markets are absolutely anywhere between San Antonio and the you did yesterday; you need to deal vital to continuing that success. Texas-Mexico border. And there are with things of tomorrow. Mr. GARAMENDI. There are so many only a handful of Ph.D. programs. There are many other pieces to this. different things that we could talk So when I speak of missing pieces, We talked a little bit about education about in this process. literally, of the infrastructure, to me here and the way it works. This is a piece of legislation that, ac- the Texas Valley is one example of This was a statistic that was given tually, I’ve introduced for the last cou- that. I know many folks like Congress- earlier. Mr. DELANEY went through this ple of years. This particular piece of

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.051 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4515 legislation, H.R. 1524, says, if it’s your interest rate as a variable rate, much that is the Republican budget—was tax money—the American taxpayers’ like a home mortgage variable rate. seen in its fullness for the first time. money—then it ought to be used to Watch out, as we know what happened What that budget called for was a dimi- purchase American-made equipment. with the variable rates that went on. It nution—in fact, a very, very significant That’s exactly what happened with the was interesting that that particular cut—in the infrastructure investment earlier stimulus bill in the manufac- bill would actually create income, a for the Army Corps of Engineers. The turing of these locomotives in Cali- large amount of income if I remember Army Corps of Engineers builds the fornia, but there are some 200 different the numbers—some $30 billion over the levees, the locks and other major pub- suppliers all around the Nation who are next 10 years of income. So it was like lic works. Sequestration took $250 mil- supplying that. wait a minute. Are we really just doing lion of construction out of the Army We can really boost the economy in this to get the money back or are we Corps of Engineers, and right now con- the transportation system but also in looking at this as a profit center? I struction projects that were scheduled the energy system—solar, wind. All of think it was a serious mistake, first, to are not taking place. In addition to those are subsidized, as is oil and coal, do a variable interest rate. That would that, the proposed budget in the actual with American taxpayer money, either move it up, quite possibly, to more appropriation bill even further reduced with a tax credit or a subsidy or a di- than what the doubling of the 3.4 per- the money available to the Army Corps rect payment, and if we said, Okay, but cent would be to, maybe, 8, 9 percent, of Engineers to build the levees to pro- you must produce that product in 10 percent. Bad idea—and it’s looking tect communities all across the United America—as with the wind turbines, at the problem incorrectly. States. At the very same time, money make them in America, as well as simi- The way to look at it is just as you was shifted from the Corps of Engi- larly with solar panels and other kinds said. This is a way for the American neers—from the levees and the things of equipment. So these are all things public to make an investment in a stu- that are necessary to protect American that fit into this. dent at a low-interest cost to the stu- citizens and others who are here from The theme that you hit on early on, dent but sufficient to repay the Federal devastating floods—to build more nu- I think, is so very, very important, and Government, not as a profit center but clear weapons. that is the infrastructure of oppor- as a repayment. There are some admin- What in the world is that all about? tunity. I really like that. I think that, istrative costs to be sure. That’s how We’ve got 5,500 nuclear weapons now. as we go about our business here of we ought to look at this because it is a The money was shifted. They all worked, and there is no way we would passing laws or not, we ought to keep crucial investment, the most impor- ever use all of them unless you want to in mind that our task is to create that tant investment of all—the educational end life on the Earth. Yet that was a opportunity. investment. Mr. CASTRO of Texas. I think, Con- Mr. CASTRO of Texas. I couldn’t priority issue—nuclear weapons versus gressman, when we think about issues agree more. levees to protect Americans. It is the that come up here, issues that some- Just personally, I started college in wrong priority, but it is a fundamental times succumb to the gridlock that is the fall of 1992—21 years ago now. In example of the infrastructure needs Congress these days—for example, on 1991 or 1992, my mom made less than and the wrongheaded priorities that the student loan issue—that’s why it’s $20,000, and she was getting ready to sometimes find their way into legisla- so important that we make sure that send two twin sons—of course I have tion. Unfortunately, that bill passed. That we do right by students and not allow my brother—off to Stanford University is the statement of the House of Rep- that student loan interest rate to dou- in northern California. You can imag- resentatives. Now, every Democrat ble. In these tough economic times, it’s ine how daunting that was, but there is voted against it, but it did pass the hard enough for families to scrounge no way that my brother and I could House. That now will go over to the up the money to help send their kids to have gone to college and graduated Senate, and the Senate, I am sure, will college and for the kids to work a job without student loans—without Per- never set that priority the same as or two and go to class. They’re often in kins loans, without Stafford loans. It this; but in a conference committee, we this work-school tug-of-war where was the same thing for law school. So are now looking at a tug-of-war be- many of them work part-time or full- these are vital. I mean, that’s just my tween nuclear weapons and levees to time and at the same time take their own story. There are literally millions protect Americans. Hopefully, the lev- 15 hours or 12 hours to graduate in a of stories like that across the country. ees will win. We’ll see. That’s one ex- decent number of years. The least that Mr. GARAMENDI. And a very sound ample. Congress can do is make sure that we investment was made in you and your When I went home this weekend, peo- set a student loan rate that is afford- brother, who I believe is the mayor of ple asked me, ‘‘What was that all able and reasonable for the economic San Antonio. about?’’ I said, ‘‘That was about bad times that we live in. Mr. CASTRO of Texas. That’s right. priorities and an austerity budget Those things are not handouts. Those Mr. GARAMENDI. Indeed. working together.’’ are investments to make sure that There is much to be said. I’m just Mr. CASTRO of Texas. We know, of you’ve got a well-educated population. going to share with you, and perhaps course, Congressman, that the seques- These are loans, after all. They’re pay- you have a similar situation from your ter was taking a meat cleaver rather ing these back. It’s also, I think, their own experience. than trying to do real smart cuts, so I government saying, Look, we’re going This weekend, I was back in my dis- agree with you on that. to lend you this money at a decent trict in northern California, in Yuba With respect to the work of the Army rate—we’re going to make sure it City and Marysville. Now, the Feather Corps of Engineers, the important comes at a reasonable rate—and you’re River, which is one of the major riv- work that they do, it is often felt in going to pay it back to us, but from ers—tributaries—of the Sacramento San Antonio and in Texas, of course, that, we’re going to get folks who are River, goes right between these two during everything that happened with engineers, who are police officers and towns, with Marysville on the east side Hurricane Katrina in New Orleans and firefighters and doctors and all of the and Yuba City on the west side. This is all of the important work they had things that keep our society moving one of the most dangerous places in done around that. So you’re right. I and keep this country the greatest Na- America. The Feather River and the think that Americans expect that they tion on Earth. Yuba River, which come together at will be in homes that are not going to Mr. GARAMENDI. Mr. CASTRO, you that place, have a long history of dead- flood and that there is going to be in- put that so very well. It’s a critical in- ly floods. What the citizens need there frastructure in place to make sure that vestment that the American public is the help of the Federal Government water doesn’t come up and run them makes in the next generation so that to complete the levee and enhance the out of their homes and ruin their this economy can move forward. levees around their communities. homes and their properties. There is also—we’ve been debating We had a major debate here on the Mr. GARAMENDI. Also, without ade- this on the floor—a bill that passed out floor last week with the Energy and quate levees, you clearly slow down of here that would set the student loan Water bill in which the Ryan budget— economic development.

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.053 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4516 CONGRESSIONAL RECORD — HOUSE July 16, 2013 Now, not every city has a flood prob- and the Congress must make those finds its way to the surface in many lem; although, certainly, in the great smart investments. We must continue places around the world, and it cer- Midwest, you see this in all of the cit- to make those investments if we are tainly does in my district in Lake ies along the Missouri and the Mis- going to be the land of opportunity not County. sissippi and Ohio Rivers. So, in that en- just 5 years from now or 20 years from That heat comes from the geo- tire huge basin, which is more than 60 now but 50 and 100 years from now. thermal, and it is an extraordinary percent of the United States, there are Mr. GARAMENDI. I think it’s about natural resource and it is clean energy. serious flood issues. This extends—and time for us to wrap up, but I want to It’s one of the most abundant natural certainly we see it on the east coast— engage the public. I don’t know how resources that can be found anywhere, to Superstorm Sandy, and you men- many people are watching C–SPAN this and it’s often overlooked. It has the tioned Katrina. All across this Nation evening. I would like to think there are ability to become one of the key future the issue of flood protection is critical. some 300 million, but I suspect that’s sources of energy. We’ll talk about it In my own district, Sacramento, overstating it a ways. much more next week. there is a portion of Sacramento that, I would ask the public to comment to But I do want to talk about its use I think, is now rated as the most dan- you and me about their infrastructure here in the United States. It is environ- gerous city in the United States. It is in their communities. What do they mentally friendly. Dry steam and flash the Natomas area of Sacramento. With need in their communities? How do geothermal plants emit just 5 percent the rebuilding of the levees in New Or- they think it could be financed? As to of the carbon dioxide and less than 1 leans, I think now Natomas, Sac- Mr. DELANEY’s proposal for an infra- percent of the nitrous oxide of tradi- ramento, is rated as the most dan- structure bank based upon the repatri- tional fossil fuel coal-powered plants. gerous. We are talking about a flood ation of foreign earnings, does that The binary geothermal installation situation that could occur, because the make sense? emissions are near zero. More impor- levees are substandard, in which the b 2115 tantly, geothermal energy is cost effec- river would break. We have floods in tive. the winter, so the water temperatures Does it make sense to do what the Over the last two decades, the cost of are in the 45- to 50-degree tempera- President said, which is to appropriate generating geothermal power has de- tures. If that were to break, the inun- $50 billion right now to build infra- creased by 25 percent. Additionally, dation would be immediate, and it structure? There are many different al- geothermal can be produced domesti- would be 20 feet. The survival time is ternatives. cally. In California, the Imperial Val- measured in minutes, not in hours. But I’d love to hear from the public, ley, the Lake County area, are two of When that water hits you, you get and here’s how they can do it. I’m the most used geothermal resources. hypothermia and you’re dead. going to use yours down here too. Stay Nevada has enormous resources, and So it is an extreme problem. We need in touch, stay informed, stay con- there are many other places within the to rebuild those levees. The community nected. You can go to Facebook.com/ United States. And it can be sent—the is taxing itself to a fare-thee-well to do RepGaramendi or RepCastro. Either same resource is available in many it, but the Federal Government is way, RepGaramendi, RepCastro. Twit- parts of the world. So we as a world backing away from its previous com- ter: Twitter.com/RepGaramendi or and certainly as a State and Nation mitment. The rest of the story is that RepCastro. Or you can go to our Web ought to be moving more aggressively the economic development potential in site, Garamendi.house.gov. to harness our geothermal resources. that community is stifled. It’s not just Mr. CASTRO of Texas. Well, my It’s also a good jobs place, creating housing. It’s all kinds of economic de- Twitter, the House one, that’s right. It more than $117 million in annual velopment, as the Sacramento Inter- should probably be JCastro. wealth in the geothermal region of national Airport is in that area. Mr. GARAMENDI. I think there’s Sonoma, Mendocino, and Lake Coun- With the lack of money to build the more than one Castro. There’s only one ties. levees, human life is at risk—several Garamendi around. So probably It’s also a tax source. Lake County tens of thousands of people—and eco- JCastro.house.gov. That’s the Web site, and Samoa County receive over $11 nomic development. So these things and they can get in touch that way and million in annual tax revenues directly come together—infrastructure being keep informed. from the geyser’s geothermal field. And the foundation upon which the econ- So I welcome people. If anybody out Lake County has saved millions of dol- omy grows and, in some cases, cer- there is watching this discussion about lars in the disposal cost by funneling 8 tainly in the case of levees, upon which infrastructure, how it can be financed, million gallons of wastewater back people’s lives depend. why it’s important, what it means for into the ground for the harnessing of Mr. CASTRO of Texas. You make an economic development, education, geothermal resources. important point about neglect of that what it means for social justice and op- So I draw the attention tonight of infrastructure, not only with levees portunity—if you like the theme, the the Nation to the potential of geo- and with waterways, but you and I are infrastructure of opportunity, you can thermal and the success that it’s had both aware, as is the country, of the contact me and I’ll pass it on to Mr. in my district in Lake County and in tragic examples over the last several CASTRO, or you can go directly to my neighboring county of Sonoma. years—in Minnesota, for example, in [email protected] or Facebook.com/ Mr. Speaker, I yield back the balance the bridge collapse, and more recently RepGaramendi, RepCastro. of my time. I want to thank you, Mr. CASTRO and in Washington, I believe, in that bridge f collapse. Those are lessons to this Con- Mr. DELANEY, for joining me this gress that we cannot neglect our infra- evening. IMMIGRATION structure. It is vital. I mentioned Next week we’ll take up one of the The SPEAKER pro tempore. Under Texas. By that same report that Con- other issues that we have. We’ll prob- the Speaker’s announced policy of Jan- gressman DELANEY mentioned, we have ably talk next week about energy and uary 3, 2013, the gentleman from Wis- about 1,300 bridges that have been de- how we can improve the energy situa- consin (Mr. DUFFY) is recognized for 30 clared functionally obsolete. That’s tion to meet the climate change. minutes. 1,300 functionally obsolete bridges in GEOTHERMAL ENERGY Mr. DUFFY. Mr. Speaker, tonight, Texas. That’s one in six. So those are Mr. GARAMENDI. I do have one we want to have a conversation about things that we’ve got to attend to here. more thing that I really must do before immigration and immigration reform It also begs the point: whether it’s I close down, and that is talk about because we recognize that in 1986, when building out the infrastructure of geothermal energy and one of the com- Congress and the President came to- transportation or building out the in- munities I represent, Lake County. gether for immigration reform, it frastructure of opportunity, that We have a critical natural resource didn’t work. It didn’t work for immi- doesn’t happen by itself. It doesn’t hap- opportunity in this Nation, and it’s be- grants; it didn’t work for our border; pen by accident. It doesn’t happen by neath the soil, beneath the ground. It and it didn’t work for America. Just luck. The United States Government happens to be the heat of the Earth. It recently, we’ve seen that our Senate

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.054 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4517 has come forward with proposed legis- ica wants to be and what America is Nation here at home, and the fairness lation, and that too doesn’t work. It’s a about and how to give most people that we know we can do it with to proposal that doesn’t secure our bor- around the world the opportunity to be build a system of laws that will stand der. It’s a proposal that won’t work in America. strong not just for 1 year or 10 years or long term for America. I think most Americans would agree 20 years, but moving forward beyond We’re here to address the problems that the first thing we have to do is en- that, a system of laws that we know that we face in this country with real sure that we have a safe border, not will make sure that people who want to solutions that work for people and only just because of the idea of immi- be a great part of a healthy American work for our country. We’re here to say gration and ensuring that we have a economy indeed have that very oppor- that we’re with you. If you want to system that works for everybody, but tunity. work hard and you want to contribute because—look, on a porous border you Tonight, as we kick off a discussion to our American economy, we’re with have an opportunity for terrorists to on immigration and we join people you. If you want to obey our laws and come through with weapons that we around the country who have differing if you want a shot at our free enter- don’t want in the United States of opinions, as the gentleman from Illi- prise system, we’re with you. If you be- America. We’ve seen in our schools—I nois recognized, differing opinions on lieve that America has a right to se- visited a place called Rosecrance the what to do, how to do it, when to do it, cure her borders, to know who’s com- other day in Rockford, Illinois, that recognizing, though, that indeed we ing in and out of our country, we’re has teenagers that are suffering from must do something to address a system with you. If you want to pay taxes and drug addiction. Do you know what the that is broken in a way that meets pledge allegiance to America, we’re cheapest drug they can get a hold of is those objectives of American values: with you. And if you want your shot at now? You’d think maybe marijuana, compassion, fairness, and maintaining the American Dream, we’re with you. right? It’s actually heroin. Do you the rule of law in this country. We’re a party that looks at the big know where most of the heroin is com- I look forward to our conversation problems in our country, and we come ing through? It’s coming through the tonight, and I look forward to solu- out with big solutions to fix those border of Mexico. tions for the American people that we problems. We’re not a party of ‘‘no.’’ So I think when we talk about border can all be proud of, knowing that this We are a party of solutions. That’s why security, we’re not talking about it in is not going to be an easy task, but one I’m honored to be here tonight with a an angry way. We’re just saying as a that we will address with all due and few of my fellow colleagues to talk sovereign Nation, we have a right to necessary urgency. about the solutions in regard to immi- determine our immigration policy, and We are joined tonight by our col- gration, solutions that are going to you can’t determine immigration pol- league from North Carolina (Mr. HUD- work. And that’ why I’m honored right icy with a porous border. Once we do SON). now to yield to the gentleman from Il- that, once we have honest border secu- Mr. HUDSON. I thank my colleague, linois for his thoughts on immigration. rity and we’re honest with the Amer- Mr. Speaker. It’s an honor to be here Mr. KINZINGER of Illinois. Mr. ican people, then we have to have this tonight. Speaker, I thank the gentleman from discussion about how do we passion- I’m a new Member of Congress. I was Wisconsin for organizing the time and ately and compassionately deal with elected just last year. I ran for Con- bringing us all together. This is an im- folks that want the American way, as gress the first time I had ever run for portant discussion. well. office because I want to come up here When I think back to somebody That’s a conversation I’m looking and fight for people, because there are who’s a big hero of mine, Ronald forward to having tonight over the folks back home that are frustrated, Reagan, I think back to the eighties, of next few minutes. And as we move on, they feel like their government is not course, and I think of what Ronald I’d like to yield to the gentleman from being responsive to their needs. So I’m Reagan talked about. He discussed Colorado, a great Member of Congress, here to represent them and be a voice America as a shining city on a hill, a Mr. CORY GARDNER. for those people. city that everybody around the globe Mr. GARDNER. I thank the gen- I think of the homebuilder in Mon- looks at and says ‘‘I want to live tleman from Illinois. roe, North Carolina, who told me he’s there.’’ Or they look at the United Mr. Speaker, we’re all together on just struggling to keep his head above States and say, ‘‘that is a country that the same issue tonight on the House water and he’ll take any kind of work I want my country to look like.’’ floor as we discuss the important issue just to keep his crew intact so he can That’s frankly the Republican Party. of immigration inform. Many of us keep them together. He’ll do remod- And I understand that over the last elected in 2010 and elected in 2012, we eling work or anything. He’s not even few years, the Republican Party hasn’t came to Congress because we wanted to worried about profit so much as being necessarily done a great job of mes- find ways to make America work, to able to keep afloat. saging that. That’s our fault. But I get this country working again, to find I think about the families across the look at somebody like Ronald Reagan, ways to get government out of the way Eighth District of North Carolina who and I look at the vision he has put out and create an economy that’s strong are looking to us for solutions. That’s for America and I say, You know what? and growing so people can find the jobs why I’m here tonight to join this con- That is the Republican party that I that they want to help feed their fami- versation, to talk about immigration joined. That’s the Republican party lies, to send their kids to school with- reform. The key to immigration re- that I believe in, the party that be- out putting themselves into bank- form, as far as I’m concerned is, we’ve lieves that a kid in the inner city of ruptcy, and to make sure that we do got to look at compassion and we’ve Chicago should have the same oppor- indeed have a better tomorrow than we got to look at fairness. tunity as a kid raised in the best sub- do today. When it comes to fairness, we are a urbs of Chicago. That’s what we be- So it is starting with those funda- Nation of immigrants, but we’re also a lieve. mental beliefs that we all came here to Nation of laws. So we’ve got to make So when we talk about this really achieve, to build a stronger country, to sure we’re enforcing the law in this controversial issue of immigration— make life work for the American fami- country and we’re respecting the rule you have Americans on both sides of lies, that we recognize a Nation of im- of law when we’re looking at making the issue, and Americans that have migrants, a Nation that provides an op- changes to immigration policy. gotten ginned up on either side of this portunity for people around the world, We also need to look with compas- issue that are speaking to this with that beacon of hope to be a place for sion on those who have come here to anger—I think something we have to families to succeed, to achieve their the United States seeking that Amer- do as a Nation and something that I dreams about the American Dream and ican Dream when we try to determine think we need to do here right now is indeed the American spirit. what we’re going to do going down the to say, Let’s have this conversation So it is through those very values of road. about immigration, but let’s do it in a compassion for the poor, compassion But I think the key to this is the ap- way where we can discuss what Amer- for people who want to build a stronger proach we’re taking here in the House

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.056 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4518 CONGRESSIONAL RECORD — HOUSE July 16, 2013 of Representatives. The Senate has 60 miles into Texas. We were finding rity. But what I do think we have to passed an immigration bill. It’s a bill dozens of people. Each time we would say is if you’ve come here and you’ve that was cobbled together behind look somewhere, we’d catch 60 to 100 a participated in our economy, we can closed doors. It was a bill that in my night. offer some kind of legal status, a legal opinion went too far too fast. We’re I felt bad for the folks who were status that isn’t citizenship, but it’s a taking a much more thoughtful ap- hunkered down, who had crossed the legal status that says we’re not going proach here in the House. We’re going border that were told by some coyote to arrest you in the middle of the to go through the committee process. that they paid their entire life’s saving night. We’re not going to separate you We’re going to bring legislation to the to, told by some coyote that ushered from your grandparents or your kids. floor so that we can debate these key them over that once you step foot in You can stay in our country because issues affecting immigration as single America, you’ll be just fine. And then the border is secure. We’re not going to issues and let the American people they realize that the journey actually have to address this problem 10 years take part in this conversation and tell begins. What you’d see in many cases from now or 20 years from now or 25 us what they think about issues like was the Border Patrol, who do very years from now. We’ve addressed the border security. tough, hard work, would apprehend border, which means that we’ve ad- Now, the key to immigration reform most of these folks. In some cases, a dressed the inflow of people coming to in my opinion is we’ve got to secure couple of them would scatter, and our country illegally. the borders first, and any legislation they’d be left alone. They’d be left 15 When that happens, we can offer that we pass out of this Chamber, any miles away from the nearest town, those without documentation a status that says you can stay here and you agreement we make with the Senate on with no water, with no food, and with can work; but if you want to become a immigration, we’ve got to have a trig- no idea where to go. citizen, you’re going to have to get to ger so that no other pieces of this im- I think of that, and I think of the ad- the back of the line. You don’t get a migration puzzle fall into place until ministration saying the border is al- special pathway into the front of the we’ve got that border secure. So we’re ready secure. I think what that leads to is there is an epic lack of trust in line. You can go to the back and you going to work hard to make sure that’s can become a citizen, but you can stay Washington right now. That’s why ac- part of our solution. here legally. And by staying here le- tually the four of us came to Wash- There are actually five pieces of leg- gally, you can pay your taxes, but that ington, because we recognize there’s a islation that have already passed out of doesn’t mean you can vote. And it also huge lack of trust in D.C. the Judiciary and Homeland Security doesn’t mean that you can collect off Committees. I serve on the Homeland So this idea that we’re going to say from on high in Washington, we’re the entitlement system that we have Security Committee. We passed the here in America. going to just deem the border secure at Border Security Results Act of 2013. I think as we have that conversation some point, when the administration 2130 with those who are here without docu- b has already deemed it secure, is I think What this does is it requires the Sec- mentation and those who care about where the lack of trust is and why the laws in America, we can have a retary of Homeland Security to develop there’s so much emotion tied into this. a comprehensive strategy to secure the conversation that actually works for I think this is a beginning step in hav- everybody and everybody can agree to. border. What a radical concept: let’s ing a great discussion about how to ac- I look forward to that conversation, on actually have a plan. And so what tually tackle this problem in a way finding a pathway and a consensus for- we’re saying in the House is: give us a that both sides can agree with and that ward that works for everybody. plan. We want the Department of is fair to the American people and to With that, I yield to the gentleman Homeland Security to work with the folks who want to live the American from Colorado. border sheriffs to come up with a plan life. Mr. GARDNER. The gentleman from to secure that border and come back to Mr. DUFFY. It is that very point. It Wisconsin brought up a great point, Congress and say, here’s what we need. is that lack of trust with the American and that is the issue of a step-by-step Here’s the sections where we need people and Washington, D.C. That’s process. That is exactly what the fences. Here’s the other types of tech- why we want to go through a step-by- House is undertaking. There are at nology, whether it be drones or other step approach, analyzing immigration least four bills right now that are types of technological monitoring. and immigration reform. working their way through the Judici- These are the pieces of the puzzle we The gentleman from North Carolina ary Committee, dealing with every- need to secure the border. said we’re here to fight for people. thing from an E-Verify system that And a key to this is we have to have We’re here to fix a broken system, and can actually work and be used by em- a metrics so we can measure whether we’re here to make it work. We want to ployers around this country to know the border is secure or not. Currently, have a reform bill that is going to ac- that they are hiring people who are le- we know the numerator, but we don’t tually be fair—be fair to those who gally eligible for employment in this know the denominator. We know how have come to participate in our econ- country. But we also have the oppor- many folks we’re stopping coming omy, but be fair to people who are tunity to address one of the other con- across the border, but we don’t know Americans that say we are a country of cerns that I hear at town meetings and how many we aren’t rounding up. And laws, and we also are a country of im- in private conversations in grocery if you talk to any of the border sher- migrants. stores across my district, and that’s so iffs, you’ll know that we’re not any- I think the key first step is border se- many people who say, Do we need to do where close to being secure. So that’s a curity. We have to debate, negotiate, anything other than just enforcing ex- key component of this legislation. discuss what does border security isting laws? Do we really need new I look forward to talking more about mean. Once we agree on what border laws? some of the legislation that came out security is, and once we secure the bor- We have to give serious consideration of the Judiciary Committee, some of der, we can go to the next phase, which to that question because the answer is, the pieces of this immigration reform is to say we have millions of people yes, we do need immigration reform. puzzle that we need to discuss. who have come into our country, Because of the 11 million people in this Mr. KINZINGER of Illinois. I thank what’s the fair way to treat them. In country who we believe are undocu- the gentleman for your statements and my opinion, and I am open to hearing mented today, 42 percent of them are everybody here for your statements. I feedback from all kinds of people as we here, they came here legally, entered am a member of the International have this conversation and debate, I the country legally, but overstayed Guard. Just 21⁄2 months ago, I actually haven’t dug my heels in. But, number their visa. So how do we reform the did missions on the border between one, we have to say, do you get to go to visa system to actually make it work Mexico and Texas. I fly a reconnais- the head of the line and become a U.S. so we know the integrity of the process sance airplane, and the goal was to citizen when you’ve come here without is what it needs to be? look for folks who had crossed ille- documentation? I don’t know that How do we create a system for those gally. In most cases, we were looking that’s the first step after border secu- in agriculture to know that they have

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.058 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4519 a workforce that is readily available to Frankly, when I’m home, and I go same class, same school system for 12 harvest that fall’s crops? Or if you’re a home every weekend and meet with our years, eventually graduating as a sen- dairy farmer, there’s no one season for local folks and I see farmers across our ior, number one in her class. She was a dairy farmer, it’s year round, so the my district, I ask them, How many of brought here as a child. When she availability of a workforce with the you are using H–2A program? You’d be asked me about what we were going to skills that they need, but the certainty amazed how few use the program, be- do, I said, Your situation is an example that they need. It’s those laws that we cause it’s not workable. of why we need immigration reform, so have to reform to enforce and rebuild And so as my colleague from Colo- have secure borders and we know the the trust of the American people in a rado asked the question that he hears laws are being enforced and to avoid step-by-step process. Because if we do at town hall meetings, Do we really putting you in this situation. this, we can actually create a system need to do immigration reform, yes, we Years later, that conversation is re- of laws that avoids the mistakes of the do. We can’t just secure the border peating. We don’t have the reform yet, 1986 law through enforcement first, with a fence and technology if we still and we are still looking for that re- border security first, and making sure have that attraction, that need for ille- form. And how many years have to go then that we deal with the situation at gal workers to fill jobs in this country. by before we can actually say we have hand and the people who do want to be We’ve got to have a pathway to bring secured the border, we are enforcing a part of a healthy American economy. in legal workers, whether it’s in agri- the law? And we know in 10, 20, 30 Mr. HUDSON. I appreciate my col- culture or home-building, or some of years, the visa program is solved, the league pointing out some of the legisla- the more high-skilled types of jobs. We E-Verify system is working. That labor tion that the Judiciary Committee has need a legal pathway to fill those posi- needs, whether it is housing construc- already passed because I think it is im- tions; otherwise there’s going to be tion, agriculture, are being met in a portant to understand that the House this tug of illegals that will continue system that encourages compliance of Representatives is taking a different to happen. with the law as part of a healthy Amer- approach when it comes to immigra- So we can build a 10-foot wall, but ican economy instead of an under- tion reform. So we passed the Border someone is going to invent an 11-foot ground or a way that does it in a law- Security Results Act out of Homeland ladder. So it has to be a comprehensive breaking fashion. Security. We have also passed the approach. That’s why we need the ag I will tell you one other story. Legal Workforce Act, which is the bill guest worker program, as well. So as There’s a doctor in the eastern plains that reforms the E-Verify system, you can see, we in the House are look- of Colorado who was here with all of which gives us a much more workable ing at this step by step. We are looking his proper documentation. Unfortu- E-Verify program, that gives our em- at what are the actual problems so we nately, his mother was ill and he need- ployers the certainty and the assur- can address them in a very thoughtful ed to leave the country or was hoping ance that they can verify the citizen- way so that we aren’t just rushing to to leave the country to say good-bye to ship of potential employees. get a big bill, as was once said by a her. But under our system of laws, if he The second piece of legislation that former Speaker of this House, Let’s left this Nation, he couldn’t come came out of the Judiciary Committee pass this bill so we know what’s in it. back. The only doctor in the county, already is the Skills Visa Act. This has Well, we don’t want to make that mis- but he couldn’t go away to say good- to do with what’s called the H–1B visas. take again. We don’t need a big, huge, bye to his mom because he couldn’t re- These are for your high-skilled work- comprehensive bill. We need to look at turn. We need some common sense. ers. These are for folks in math, these issues in a very thoughtful, com- Mr. DUFFY. That’s a powerful story. science, and technology who may come prehensive way. Mr. KINZINGER of Illinois. That’s a to the United States to go to univer- Mr. DUFFY. I appreciate the gen- great story. I just had a town hall sity to learn these skills and get on tleman from North Carolina’s com- meeting in Rockford, Illinois, yester- this career path, but then they don’t ments. And you look around at immi- day. You get folks from all ends of the have a visa to stay here. Most industri- grants that come to America, why do political spectrum. That is the great alized nations in the world, 80 percent they come? They’ve come for the thing about our democracy is we can of the visas they give out are based on American Dream. They’ve come for a have that respectful conversation. work skills and needs of the workforce. better life for themselves. They’ve You have everything from folks who Here in the United States, it’s about 12 come for a better life for their chil- say, Look, all you have to do is enforce percent of the visas we give out. We dren. They’ve come to the land of op- existing laws, put more people on the have a lottery to give out visas; and to portunity because they want that op- border. Then you have a lot of people me, that’s ridiculous. We need to re- portunity. They want to work hard. who say, Hey, we need to not have any form the system so we’re giving out I’m from Wisconsin. Many people more border enforcement and just visas to the type of people that we may not want to recognize this, but if allow everybody here to become U.S. want to attract to this country. So the you look at our dairy farms around citizens. Skills Visa Act is legislation we’re con- Wisconsin, there are a lot of immi- I think the answer is, frankly, in the sidering here in the House that will do grants who have come here without middle of that. When you talk to folks, that. documentation that work on our and it doesn’t matter if they’re on the The third piece of legislation is farms. And it’s hard, tough work; and right or left or somewhere in between, called the SAFE Act. One of the issues they do it because they want an oppor- everybody has a heart. Everybody we’ve talked about, we have to enforce tunity. cares about people. And when you talk the rule of law. Frankly, we don’t have I travel around and do a lot of town about the fact, as Mr. GARDNER men- enough Federal agents enforcing the halls, and I know my colleagues do tioned, there are people here who are 5 law. So what we need to do is empower town halls and coffees. I would ask the years old, through no fault of their States and municipalities, local gov- gentlemen from Colorado and Illinois own, sometimes 12 years old, or now ernments that want to enforce the im- what you guys hear in your town halls, they’re getting ready to go to college migration law to be able to do that. what people think about immigration and they realize they’re not here le- That’s what the SAFE Act does. and the problems and the solutions you gally, this is something we ought to And then the fourth piece is the agri- face in your communities. have a lot of compassion for and under- culture guest worker, AG Act. That is Mr. GARDNER. I thank the gen- stand. a critical piece for our economy. There tleman from Wisconsin. The conversa- are at least 11 million undocumented tions I hear are from all angles. So b 2145 workers here in this country that we whether it’s from somebody whose fam- And I think we’ve got to take some know of. Many of those folks don’t ily came here when they were very of the anger out of it on all sides of the want citizenship. What they want is young—I know of an instance of a aisle and just have a grown-up discus- the ability to work here legally. If we young woman who came into this coun- sion and say, What do we have to do to have an ag worker program that actu- try with her family when she was a fix the problem here? What do we have ally works, this is the H–2A program. baby. She has gone to school in the to do to fix the issue? Because, frankly,

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.060 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4520 CONGRESSIONAL RECORD — HOUSE July 16, 2013 I don’t know how long I’ll be in poli- fighting for, to have a system that ac- what the House was doing. And they tics, but I don’t ever want to have to tually works for people who are here said, Well, aren’t you acting with address this again. And I think that’s legally and people who want a shot at speed? Do you feel no urgency? the thing. And that’s what I hear at my what we have to offer. And my response was, Don’t mistake town hall meetings is, you know, when And with that, I yield back to the the issue of speed with urgency, be- you really get past kind of the initial gentleman from North Carolina for his cause I think the House feels every bit arguments, folks say, We just really comments on what he hears in his town as urgent as this issue truly is and don’t trust Washington, but, unfortu- halls on where we need to go with re- truly deserves the attention of how ur- nately, you’re the ones that have to gard to immigration reform. gent the matter is before all of us. But solve this problem. Mr. HUDSON. I appreciate that. And because of that, because of the urgency Mr. DUFFY. And I hear similar I think it’s many of the same things. to do it right, it is going to take time, things, and that’s why people say, Take First of all, people don’t trust Wash- a deliberative process through this it slow. Talk about it. Talk to us. ington to actually address this prob- body to make sure that we create that Let’s do what’s right. Let’s do what lem. We’ve got a pretty bad track step-by-step opportunity for the people works for the very people that you record here in the Congress. who are here legally, for people who talked about. Some call them the I think the other thing, though, I want to come into this Nation legally, Dreamers, people who are here at 17 hear from my farmers, from my home- to create the border security, the bor- years old or 14 years old and know no builders, that they need labor, and der enforcement, and then to have an- other country, but they’re here. we’ve got to have a legal pathway to swers for every person in this Nation. They’re part of our communities, our get that done. And so we’ve just got to And so as we create this process, this society, and our schools. Let’s do do it in a way that’s fair and respects debate, as it moves forward, every bit what’s right by them, but also let’s do the rule of law. as urgent as any other American before what’s right for our next generation by If any of you would like to close, I us, any other person who’s desiring to securing this border. believe we’re getting near the end of be a part of this country, the urgency I want to talk about just one story. I our time. that we all feel to make sure that this have a good friend back in Ashland, Mr. DUFFY. For a few more mo- happens. Wisconsin. He came here legally, but it ments, I’m going to yield to the gen- And so to the gentleman from Illinois goes to the work ethic of those who tleman from Illinois. or Wisconsin or North Carolina, thank come for opportunity and the Amer- Mr. KINZINGER of Illinois. Well, you. ican Dream. thank you. And as we do wrap up our I yield to anyone who wishes to con- It’s Bah Lee. He owns a nail shop in time, I just want to say thank you to tinue tonight. Ashland, Wisconsin, and he was raised those paying attention today and to Mr. HUDSON. Well, I’m happy to in an orphanage in Vietnam. And the my fellow Members here. jump in. I thank my colleague from sister nuns, as he tells the story, saved This is an important issue. This is Colorado for giving us this oppor- money in the orphanage and they sent the very beginning of a long discussion tunity. him to America. And he couldn’t speak that we need to have because this is I think the problem is just the gen- the language, and I think he was in too important to get wrong. This is too eral distrust in the way Washington Texas where he got a job in a fast-food important to rush, because America’s does things, and you only have to look restaurant. the greatest country in the world and at the process we just went through to And from fast-food, he got a job as a this is something we ought not ever understand why; because any problem painter. And all the painters got mad forget. And in the process of doing that we ever face as a Nation, Congress at him because he was such a fast that, we ought to remember that we’re can solve it by very quickly passing a painter and they were, like, Slow down. an America that many of us come from big piece of legislation with a great You’re making us all look bad. He said, immigrants and an America that, title and saying the problem is solved. No, I’m here to paint. In very short frankly, is proud of where we’ve come Unfortunately, in 1986, when we order he was the highest-paid painter; from. passed immigration reform it didn’t doesn’t speak the language very well, So with that, I want to thank the fel- solve the problem. It gave amnesty from Vietnam, but man, could he low Members of Congress here with me now with a promise of border security paint. to talk about this. And this is the very later that we never saw, and I believe He saved money, sent money back to beginning of, I’m sure, a long discus- that’s the same thing that happened the sister nuns in Vietnam to help the sion about where we go from here. with the Senate bill. We very quickly orphanage but saved money himself, Mr. DUFFY. I know our time is put out a bill that has a great title, and he opened up a nail salon. And short, and I appreciate the discussion, thousands of pages that I doubt many after that nail salon, another nail and I’m about to yield back to the folks have even read, and saying the salon, and he sold them and he built Speaker. And we may have a few more problem is now solved. them and he sold them. minutes we can actually continue this And then you immediately hear the Eventually, he said, I don’t like the discussion tonight, but my time is pundits and the folks who talk on TV hot weather anymore, so he moved up done. about what happens in Washington to northern Wisconsin, where he I yield back the balance of my time. saying, Well, the House, since you bought a building on Main Street, Ash- f aren’t quickly moving a huge bill with land; right? And he opened up Cali- a nice title, you don’t care. But the fornia Nails. IMMIGRATION truth is we do care, but we’re here to And during the day, Lee does nails, The SPEAKER pro tempore. Under represent the people of the United and at night—it’s an old 1900 building. the Speaker’s announced policy of Jan- States of America that sent us here, It was barren up there. He built five uary 3, 2013, the Chair recognizes the and we’re going to do this in a very apartments, by himself, at night, in gentleman from Colorado (Mr. GARD- thoughtful way, and we’re going to do the upstairs of his office building. And NER) for 10 minutes. immigration reform the right way so then in the downstairs, which was not Mr. GARDNER. I thank the gen- that we don’t have to do it again in an- the nicest location and smelled, he tleman, the Speaker, for the additional other 20 years. ripped it out and built new apartments time to continue this conversation, and Mr. KINZINGER of Illinois. The big downstairs. thank you as well to Members for this picture of this is we’re getting into a But a guy that worked all day and all opportunity to discuss what is truly lot of the details we need to. But I night for his shot at the American one of the biggest issues this Congress, want to just, as I give my last state- Dream, helping his people back at this Nation faces. ment of the night, I just want to say home, but helping our community, I recently was talking to a reporter this. showing what immigrants do to make back home about the immigration de- You know, America is the land of op- America better. And it’s that story, bate taking place. They were asking portunity. America is growing at less, which is the American story, that I’m about the Senate bill, asking about frankly, organically, with folks just

VerDate Mar 15 2010 04:53 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.062 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4521 here, than we need to to continue to be not one phase of the bill, then to Con- Mr. HORSFORD (at the request of Ms. a powerful economy in the world, so gress. PELOSI) for today on account of a med- this is a discussion that we have to I’ve got others that say just enforce ical-mandated recovery. the current laws, and to those I would have. It is a discussion that is required f if we’re going to be, in 20, 30, 40, 50 ask: How is that working for us? It’s years, the most powerful country in not working. We have to engage in this ENROLLED BILL SIGNED the world. conversation and do what’s right. Karen L. Haas, Clerk of the House, I don’t have kids yet, but I sure hope I’ve got one more story for you. reported and found truly a enrolled bill when I do that my grandkids can live There’s a family that came from Mex- of the House of the following title, in a world where America is un- ico over to Arizona, and they had an which was thereupon signed by the checked, the power in the world. They opportunity to work in the mines in Speaker: never have to worry about some of the Superior, Arizona, hard work, tough work. They were Catholic. They raised H.R. 2289. An act to rename section 219(c) problems that previous generations of the Internal Revenue Code of 1986 as the have had to worry about. a lot of kids on not a lot of money. But Kay Bailey Hutchinson Spousal IRA. This reminds me, and as I’ve heard one of their kids, as he grew up, he f folks on, frankly, the other side of the learned how to make pinatas and sell aisle that have said many times, you those pinatas. He learned how to get BILLS PRESENTED TO THE know, they use very emotional state- fruit of the desert, chop it up, slice it, PRESIDENT dice it, and sell it as a delicacy within ments to talk about what the Repub- Karen L. Haas, Clerk of the House, lican Party believes. I’ve heard us his community, a little entrepreneur. When he got older he had a shot to go reported that on July 12, 2013, she pre- called the Party of No. I’ve heard us sented to the President of the United called, you know, taking food from the work in the mines like his brothers, but instead he said, You know what? I States, for his approval, the following mouths of children, not caring about bills. anybody but the rich. I’ve heard it all. want to serve my country. And he went H.R. 251. To direct the Secretary of the In- Look, I’ll admit this in some cases, into the military. He had a chance to serve under Ronald Reagan. terior to convey certain Federal features of in many cases, the Republican Party the electric distribution system to the South has not done a good job of messaging. And he came from a party that’s not mine, but he had a chance to serve Utah Valley Electric Service District, and I remember seeing an ad on television for other purposes. where a pizza company talked about under Ronald Reagan, and he had to H.R. 254. To authorize the Secretary of the how they used to do it wrong and now see what a party of opportunity had to Interior to facilitate the development of hy- they want to do it right. offer him and his community and his droelectric power on the Diamond Fork Sys- Well, here’s what we need do and family. He changed his vote. He said, tem of the Central Utah Project. here’s what my passion is: to let the This is who’s looking out for me. This H.R. 588. To provide for donor contribution acknowledgments to be displayed at the people know that, frankly, the Repub- is who’s looking out for my oppor- tunity, and this is who’s going to look Vietnam Veterans Memorial Visitor Center, lican Party is the party of opportunity. and for other purposes. We’re the party that, as I mentioned out for my children and my grand- earlier, believes that a kid born in the children. f He went on, got married to a woman worst of circumstances should be able in Spain who immigrated here legally, ADJOURNMENT to pull himself out of those cir- and they had four kids. And I was hon- Mr. GARDNER. Mr. Speaker, I move cumstances and be one of the most suc- ored enough to meet their daughter that the House do now adjourn. cessful people in the world, including and marry her and move her to north- The motion was agreed to; accord- President of the United States if he or ern Wisconsin from warm Arizona, ingly (at 9 o’clock and 58 minutes she wants to be. That’s what we be- where we now have six children to- p.m.), under its previous order, the lieve. gether. House adjourned until tomorrow, That’s, when we go forward in this That’s my wife’s immigrant story, Wednesday, July 17, 2013, at 10 a.m. for debate and any other debates, that’s whose father came here as a first-gen- morning-hour debate. the message that I think is important eration American, who worked his f to get out. Let’s quit calling each other heart out and has his shot at the Amer- names. Let’s quit trying to use cheap ican Dream. After the military, he be- EXECUTIVE COMMUNICATIONS, shots. Let’s just have a grown-up dis- came a schoolteacher, and now he ETC. cussion and say we both, all sides of works for a university. He’s living the Under clause 2 of rule XIV, executive the aisle, want a successful America; dream. His daughter is living the we just see how to get there dif- communications were taken from the dream. All of us have those stories. My Speaker’s table and referred as follows: ferently. And let’s have a discussion as parents, my great-grandparents came adults, as Members of Congress, and, 2251. A letter from the Director, Regu- from Ireland. We all have the story of latory Management Division, Environmental frankly, as Americans should have a an immigrant. discussion. Protection Agency, transmitting the Agen- I’m here to say, let’s open our hearts. cy’s final rule — Regulation of Fuels and Mr. DUFFY. Mr. Speaker, I think it’s Let’s open our minds. Let’s have a real Fuel Additives: Additional Qualifying Re- important for all of us to stand strong, discussion that works. But let’s also newable Fuel Pathways under the Renewable stand tall and lead, listen, commu- first say secure the border so we don’t Fuel Standard Program; Final Rule Approv- nicate on this very important issue. deal with this again, and then do ing Renewable Fuel Pathways for Giant Reed And I know that’s what we want to do what’s right by way of folks who have (Arundo Donax) and Napier Grass here tonight is throw out ideas, but (Pennisetum Purpureum) [EPA-HQ-OAR- come here and want their shot at the 2011-0542; FRL-9822-7] (RIN: 2060-AR85) re- also prepare ourselves to listen to what American Dream. our constituents want, what America ceived July 9, 2013, pursuant to 5 U.S.C. Mr. GARDNER. That, Mr. Speaker, is 801(a)(1)(A); to the Committee on Energy and wants and what’s right for the country. the story of America. And I thank our Commerce. I hear some folks on my side of the colleagues for joining us tonight and 2252. A letter from the Secretary, Depart- aisle talk about if you pass a border se- look forward to this debate and look ment of Treasury, transmitting as required curity bill, you’re going to go to con- forward to hearing from you, the peo- by section 401(c) of the National Emergencies ference with the Senate and you’re ple of this country, as we enter this im- Act, 50 U.S.C. 1641(c), and section 204(c) of going to adopt the Senate bill. We portant conversation. the International Emergency Economic Pow- don’t go to conference unless we agree Mr. Speaker, I yield back the balance ers Act, 50 U.S.C. 1703(c), a six-month peri- odic report on the national emergency with to it. That’s not going to happen. Let of my time. me be very clear. We’re going to do a respect to Lebanon that was declared in Ex- f ecutive Order 13441 of August 1, 2007; to the step-by-step approach and get a solu- LEAVE OF ABSENCE Committee on Foreign Affairs. tion to immigration and then we’ll 2253. A letter from the Secretary, Depart- talk about going to conference, if By unanimous consent, leave of ab- ment of Housing and Urban Development, that’s the pathway forward. But it’s sence was granted to: transmitting the Department’s fiscal year

VerDate Mar 15 2010 06:27 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K16JY7.063 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4522 CONGRESSIONAL RECORD — HOUSE July 16, 2013 2012 annual report prepared in accordance of pipeline safety regulatory documents, and By Mr. CUMMINGS (for himself, Mr. with Section 203 of the Notification and Fed- for other purposes (Rept. 113–152 Pt. 1). Re- LYNCH, Mr. TIERNEY, Mr. CONNOLLY, eral Employee Antidiscrimination and Re- ferred to the Committee of the Whole House Ms. SPEIER, Ms. NORTON, Mr. DANNY taliation Act of 2002 (No FEAR Act), Public on the state of the Union. K. DAVIS of Illinois, and Ms. KELLY of Law 107-174; to the Committee on Oversight Mr. SHUSTER: Committee on Transpor- Illinois): and Government Reform. tation and Infrastructure. H.R. 2611. A bill to H.R. 2690. A bill to enhance the long-term 2254. A letter from the President and Chief designate the headquarters building of the profitability of the United States Postal Executive Officer, Federal Home Loan Bank Coast Guard on the campus located at 2701 Service through enhanced innovation, oper- of Indianapolis, transmitting the 2012 State- Martin Luther King, Jr., Avenue Southeast ational flexibility, workforce realignment, ments on System of Internal Controls of the in the District of Columbia as the ‘‘Douglas and regulatory relief; to the Committee on Federal Home Loan Bank of Indianapolis, A. Munro Coast Guard Headquarters Build- Oversight and Government Reform, and in pursuant to 31 U.S.C. 9106; to the Committee ing’, and for other purposes (Rept. 113–153). addition to the Committee on the Judiciary, on Oversight and Government Reform. Referred to the House Calendar. for a period to be subsequently determined 2255. A letter from the Attorney Advisor, Mr. ISSA: Committee on Oversight and by the Speaker, in each case for consider- Department of Homeland Security, transmit- Government Reform. H.R. 568. A bill to ation of such provisions as fall within the ju- ting the Department’s final rule — Safety amend title 5, United States Code, to require risdiction of the committee concerned. Zone; Fairport Harbor Mardi Gras, Lake that the Office of Personnel Management By Mr. BISHOP of New York (for him- Erie, Fairport, OH [Docket Number: USCG- submit an annual report to Congress relating self, Mr. COURTNEY, and Mr. GRIMM): 2013-0417] (RIN: 1625-AA00) received July 2, to the use of official time by Federal em- H.R. 2691. A bill to amend certain appro- 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the ployees; with an amendment (Rept. 113–154). priation Acts to repeal the requirement di- Committee on Transportation and Infra- Referred to the Committee of the whole recting the Administrator of General Serv- structure. House on the state of the Union. ices to sell Federal property and assets that 2256. A letter from the Attorney Advisor, Mr. ISSA: Committee on Oversight and support the operations of the Plum Island Department of Homeland Security, transmit- Government Reform. H.R. 1211. A bill to Animal Disease Center in Plum Island, New ting the Department’s final rule — Safety amend section 552 of title 5, United States York, and for other purposes; to the Com- Zone; Coronado Fourth of July Fireworks, Code (commonly known as the Freedom of mittee on Homeland Security. Glorietta Bay; Coronado, CA [Docket Num- Information Act), to provide for greater pub- By Mr. CONYERS (for himself and Mr. ber: USCG-2013-0301] (RIN: 1625-AA00) re- lic access to information, and for other pur- BLUMENAUER): ceived July 2, 2013, pursuant to 5 U.S.C. poses; with an amendment (Rept. 113–155). H.R. 2692. A bill to direct the Adminis- 801(a)(1)(A); to the Committee on Transpor- Referred to the Committee of the Whole trator of the Environmental Protection tation and Infrastructure. House on the state of the Union. Agency to take certain actions related to 2257. A letter from the Attorney Advisor, Mr. ISSA: Committee on Oversight and pesticides that may affect pollinators, and Department of Homeland Security, transmit- Government Reform. H.R. 2067. A bill to for other purposes; to the Committee on Ag- ting the Department’s final rule — Safety amend title 5, United States Code, to make riculture. Zone; Ad Club’s 100th Anniversary Gala Fire- permanent the authority of the Secretary of By Mr. COOK (for himself, Mr. RUNYAN, works Display, Boston Inner Harbor, Boston, the Treasury to establish a separate com- and Mr. O’ROURKE): MA [Docket Number: USCG-2013-0256] (RIN: pensation and performance management sys- H.R. 2693. A bill to direct the Secretary of 1625-AA00) received July 2, 2013, pursuant to tem with respect to persons holding critical Homeland Security to submit a report to 5 U.S.C. 801(a)(1)(A); to the Committee on scientific, technical, or professional posi- Congress on security screening by the Trans- Transportation and Infrastructure. tions within the Alcohol and Tobacco Tax portation Security Administration of vet- 2258. A letter from the Attorney Advisor, and Trade Bureau, Department of the Treas- erans and other passengers with amputa- Department of Homeland Security, transmit- ury (Rept. 113–156). Referred to the Com- tions; to the Committee on Homeland Secu- ting the Department’s final rule — Safety mittee of the Whole House on the state of rity. Zones; Fourth of July Fireworks Displays the Union. By Mr. GRIFFIN of Arkansas: Mr. BURGESS: House Committee on Rules. H.R. 2694. A bill to promote strategic within the Captain of the Port Charleston House Resolution 300. A resolution providing sourcing principles within the Federal Gov- Zone, SC [Docket Number: USCG-2013-0415] for consideration of the bill (H.R. 2668) to ernment; to the Committee on Oversight and (RIN: 1625-AA00) received July 2, 2013, pursu- delay the application of the individual Government Reform. ant to 5 U.S.C. 801(a)(1)(A); to the Committee health insurance mandate; and providing for By Mr. JEFFRIES (for himself, Ms. on Transportation and Infrastructure. consideration of the bill (H.R. 2667) to delay BASS, Ms. BROWN of Florida, Mr. CAR- 2259. A letter from the Secretary, Depart- the application of the employer health insur- SON of Indiana, Ms. CLARKE, Mr. ment of Veterans Affairs, transmitting a let- ance mandate, and for other purposes (Rept. CLAY, Ms. HAHN, Ms. JACKSON LEE, ter reporting the FY 2012 expenditures from 113–157). Referred to the House Calendar. Ms. KELLY of Illinois, Mrs. CAROLYN the Pershing Hall Revolving Fund for B. MALONEY of New York, Ms. MENG, projects, activities, and facilities that sup- DISCHARGE OF COMMITTEE Ms. MOORE, Mr. NADLER, Ms. NORTON, port the mission of the Department of Vet- Pursuant to clause 2 of rule XIII, the Mr. RANGEL, Mr. RUSH, Ms. WILSON of erans Affairs; to the Committee on Veterans’ Committee on Energy and Commerce Florida, Mr. GUTIE´ RREZ, Mrs. Affairs. discharged from further consideration. CHRISTENSEN, Mrs. BEATTY, Mr. JOHN- 2260. A letter from the Acting Under Sec- H.R. 2576 referred to the Committee of SON of Georgia, Mr. TAKANO, and Mr. retary and Deputy Secretary, Departments the Whole House on the state of the LEWIS): of Defense and Veterans Affairs, transmit- Union. H.R. 2695. A bill to amend the Balanced ting Veterans Affairs and Department of De- f Budget and Emergency Deficit Control Act fense Joint Executive Council Fiscal Year of 1985 to exempt from sequestration the 2012 Annual Report, pursuant to 38 U.S.C. PUBLIC BILLS AND RESOLUTIONS public and Indian housing programs of the 8111(f); jointly to the Committees on Armed Department of Housing and Urban Develop- Services and Veterans’ Affairs. Under clause 2 of rule XII, public bills and resolutions of the following ment; to the Committee on the Budget. f titles were introduced and severally re- By Mr. KIND (for himself and Mr. PAULSEN): REPORTS OF COMMITTEES ON ferred, as follows: H.R. 2696. A bill to increase transparency PUBLIC BILLS AND RESOLUTIONS By Mr. GARDNER (for himself, Mr. of agencies by requiring a report describing Under clause 2 of rule XIII, reports of WELCH, Mr. COFFMAN, Mrs. ROBY, Mr. any proposed conference; to the Committee committees were delivered to the Clerk KINZINGER of Illinois, Mr. MATHESON, on Oversight and Government Reform. for printing and reference to the proper Mr. GRIFFIN of Arkansas, Ms. By Mr. GEORGE MILLER of California KUSTER, Ms. BORDALLO, Mr. PETERS (for himself, Mr. ANDREWS, Mr. calendar, as follows: of California, Mr. HUFFMAN, Mr. BERA LANCE, Mr. NADLER, Ms. SCHA- Mr. SHUSTER: Committee on Transpor- of California, Mr. NOLAN, Mr. KOWSKY, Mr. DINGELL, Mr. BECERRA, tation and Infrastructure. H.R. 1848. A bill to LOWENTHAL, Mr. MCNERNEY, Mr. Mr. CONYERS, Mr. CAPUANO, Ms. WIL- ensure that the Federal Aviation Adminis- YOUNG of Indiana, Mr. MORAN, Mr. SON of Florida, Mr. HOLT, Mr. GRI- tration advances the safety of small air- SCHRADER, Mr. BLUMENAUER, Mr. JALVA, and Mr. YARMUTH): planes, and the continued development of the MAFFEI, Mr. LOEBSACK, Mr. COOPER, H.R. 2697. A bill to amend title IV of the general aviation industry, and for other pur- Mr. BISHOP of Georgia, Mr. CICILLINE, Employee Retirement Income Security Act poses; with an amendment (Rept. 113–151). Mr. SEAN PATRICK MALONEY of New of 1974 to require the Pension Benefit Guar- Referred to the Committee of the Whole York, and Mr. OWENS): anty Corporation, in the case of airline pi- House on the state of the Union. H.R. 2689. A bill to amend the National En- lots who are required by regulation to retire Mr. SHUSTER: Committee on Transpor- ergy Conservation Policy Act to encourage at age 60, to compute the actuarial value of tation and Infrastructure. H.R. 2576. A bill to the increased use of performance contracting monthly benefits in the form of a life annu- amend title 49, United States Code, to mod- in Federal facilities; to the Committee on ity commencing at age 60; to the Committee ify requirements relating to the availability Energy and Commerce. on Education and the Workforce.

VerDate Mar 15 2010 06:27 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\L16JY7.000 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 16, 2013 CONGRESSIONAL RECORD — HOUSE H4523 By Ms. NORTON: power to enact this legislation to regulate and all other Powers vested by this Constitu- H.R. 2698. A bill to provide a short-term commerce with foreign nations, and among tion in the Government of the United States disability insurance program for Federal em- the several states, and with the Indian or in any Department or Officer thereof.’’ ployees for disabilities that are not work-re- tribes. By Mr. ROSKAM: lated, and for other purposes; to the Com- By Mr. CUMMINGS: H.R. 2701. mittee on Oversight and Government Re- H.R. 2690. Congress has the power to enact this legis- form. Congress has the power to enact this legis- lation pursuant to the following: By Mr. PALLONE: lation pursuant to the following: Article 1, Section 8 of the Constitution H.R. 2699. A bill to extend the hold harm- Article I, Section 8, Clause 7 of the United By Mr. SARBANES: less provisions of the Ryan White HIV/AIDS States Constitution that empowers Congress H.R. 2702. Program pending reauthorization of the to establish Post Offices and post Roads. Congress has the power to enact this legis- overall program; to the Committee on En- By Mr. BISHOP of New York: lation pursuant to the following: ergy and Commerce. H.R. 2691. Article I, Section 8 of the U.S. Constitu- By Mr. ROGERS of Michigan (for him- Congress has the power to enact this legis- tion under the General Welfare Clause. self, Mr. MCKINLEY, Mr. TIBERI, Mr. lation pursuant to the following: CASSIDY, Mr. HALL, Mr. HUIZENGA of Article I, Section 8, Line 18; ‘‘(Congress f Michigan, and Mr. WALBERG): shall have the power) To make all laws’’ ADDITIONAL SPONSORS H.R. 2700. A bill to amend title I of the Pa- By Mr. CONYERS: tient Protection and Affordable Care Act to H.R. 2692. Under clause 7 of rule XII, sponsors provide for a process for waiver of require- Congress has the power to enact this legis- were added to public bills and resolu- ments of that title where the requirement is lation pursuant to the following: tions as follows: asserted to otherwise result in a significant Article 1, Section 8: The Congress shall H.R. 7: Mr. YOUNG of Indiana and Mr. decrease in access to coverage or significant have power to lay and collect taxes, duties, BARLETTA. increase in premiums or other costs; to the imposts and excises, to pay the debts and H.R. 32: Mr. COLE, Ms. SINEMA, Mr. SMITH Committee on Energy and Commerce, and in provide for the common defence and general of Missouri, and Mr. COOPER. addition to the Committees on Ways and welfare of the United States; but all duties, H.R. 96: Mr. CARTWRIGHT and Mr. COHEN. Means, and Education and the Workforce, for imposts and excises shall be uniform H.R. 176: Mr. BRIDENSTINE. a period to be subsequently determined by throughout the United States; H.R. 268: Mr. CARTWRIGHT. the Speaker, in each case for consideration By Mr. COOK: H.R. 292: Mr. HUFFMAN. of such provisions as fall within the jurisdic- H.R. 2693. H.R. 301: Mr. DUNCAN of Tennessee, Mr. tion of the committee concerned. Congress has the power to enact this legis- BUCHANAN, and Mr. WILSON of South Caro- By Mr. ROSKAM (for himself and Mr. lation pursuant to the following: lina. DEUTCH): Clause 3 of section 8 of article I H.R. 310: Mr. BISHOP of Georgia, Mr. MAF- H.R. 2701. A bill to authorize further assist- By Mr. GRIFFIN of Arkansas: ance to Israel for the Iron Dome anti-rocket H.R. 2694. FEI, Mr. SEAN PATRICK MALONEY of New defense system and authorization for co- Congress has the power to enact this legis- York, Mr. RUIZ, and Ms. GABBARD. operation on the David’s Sling, Arrow, and lation pursuant to the following: H.R. 366: Mr. CONYERS, Mr. DEUTCH, Mr. Arrow 3 anti-missile defense systems; to the Article I, Section 8 CALVERT, Mr. POCAN, and Mr. MURPHY of Committee on Foreign Affairs. By Mr. JEFFRIES: Florida. By Mr. SARBANES (for himself, Mr. H.R. 2695. H.R. 449: Mr. SMITH of Nebraska. FITZPATRICK, Ms. BONAMICI, Mrs. Congress has the power to enact this legis- H.R. 474: Ms. TSONGAS. CAPPS, Mrs. CHRISTENSEN, Mr. CUM- lation pursuant to the following: H.R. 503: Mr. VEASEY. MINGS, Mr. ELLISON, Mr. FARR, Mr. This bill is enacted pursuant to the power H.R. 508: Mr. JEFFRIES. GRIJALVA, Mr. HUFFMAN, Mr. HOLT, granted to Congress under Article I, Section H.R. 535: Mr. POCAN. Ms. LEE of California, Ms. MCCOL- 8, Clause 1 of the United States Constitution. H.R. 556: Mr. WILSON of South Carolina. LUM, Mr. MCGOVERN, Mr. MCNERNEY, By Mr. KIND: H.R. 599: Ms. WATERS. Ms. PINGREE of Maine, Mr. POLIS, and H.R. 2696. H.R. 636: Mr. COOPER. Mr. THOMPSON of California): Congress has the power to enact this legis- H.R. 641: Mr. BRIDENSTINE. H.R. 2702. A bill to amend the Elementary lation pursuant to the following: H.R. 647: Ms. WATERS, Ms. KAPTUR, Mr. and Secondary Education Act of 1965 regard- The constitutional authority on which this THOMPSON of Pennsylvania, and Mr. JONES. ing improving environmental literacy to bet- bill rests is the power of Congress to make H.R. 649: Mr. PAYNE. ter prepare students for postsecondary edu- rules for the government and regulation of H.R. 685: Mr. JOHNSON of Georgia, Mr. CUM- cation and careers, and for other purposes; to the land and naval forces, as enumerated in MINGS, Mr. ROONEY, Ms. JACKSON LEE, Mr. the Committee on Education and the Work- Article I, Section 8, Clause 14 of the United PETERS of Michigan, and Mr. BROOKS of Ala- force. States Constitution. bama. By Mr. ISRAEL (for himself, Ms. By Mr. GEORGE MILLER of Cali- H.R. 688: Ms. MICHELLE LUJAN GRISHAM of DELAURO, Ms. DEGETTE, Ms. SINEMA, fornia: New Mexico, and Ms. CASTOR of Florida. Mr. FITZPATRICK, and Mr. ISSA): H.R. 2697. H.R. 690: Mr. PETERS of Michigan. H. Res. 301. A resolution expressing support Congress has the power to enact this legis- H.R. 698: Mrs. CHRISTENSEN and Ms. for designation of September 2013 as Na- lation pursuant to the following: SCHWARTZ. tional Ovarian Cancer Awareness Month; to Art. 1 sec. 8, clause 1 and 3 of the U.S. Con- H.R. 715: Ms. CASTOR of Florida, Mr. COHEN, the Committee on Oversight and Govern- stitution Ms. BASS, and Mr. COOPER. ment Reform. By Ms. NORTON: H.R. 721: Mr. SIRES. By Mr. SHIMKUS: H.R. 2698. H.R. 732: Mr. BARLETTA. H. Res. 302. A resolution expressing support Congress has the power to enact this legis- H.R. 755: Ms. BORDALLO. for designation of August 23 as ‘‘Black Rib- lation pursuant to the following: H.R. 763: Mr. RAHALL. bon Day’’ to recognize the victims of Soviet clause 18 of section 8 of article I of the H.R. 765: Mr. MCGOVERN, Mr. CA´ RDENAS, Communist and Nazi regimes; to the Com- Constitution. and Ms. TSONGAS. mittee on Oversight and Government Re- By Mr. PALLONE: H.R. 769: Mr. HECK of Washington. form. H.R. 2699. H.R. 792: Ms. ROS-LEHTINEN and Mr. f Congress has the power to enact this legis- BARLETTA. lation pursuant to the following: H.R. 800: Mr. PAYNE. CONSTITUTIONAL AUTHORITY Article 1, section 8 H.R. 842: Ms. SLAUGHTER. STATEMENT By Mr. ROGERS of Michigan: H.R. 850: Mr. SHUSTER. Pursuant to clause 7 of rule XII of H.R. 2700. H.R. 900: Mr. VEASEY. the Rules of the House of Representa- Congress has the power to enact this legis- H.R. 949: Ms. DUCKWORTH. H.R. 958: Mr. HASTINGS of Florida and Mr. tives, the following statements are sub- lation pursuant to the following: Article I, Section 8, Clause 1: The Congress PAYNE. mitted regarding the specific powers shall have Power to lay and collect Taxes, H.R. 979: Mr. JOYCE. granted to Congress in the Constitu- Duties, Imposts and Excises, to pay the H.R. 980: Mrs. BUSTOS. tion to enact the accompanying bill or Debts and provide for the common Defence H.R. 996: Mr. CARTWRIGHT. joint resolution. and general Welfare of the United States; but H.R. 1020: Mr. GRIFFIN of Arkansas. By Mr. GARDNER: all Duties, Imposts and Excises shall be uni- H.R. 1024: Mr. MURPHY of Florida, Mr. H.R. 2689. form throughout the United States. COFFMAN, and Mr. RAHALL. Congress has the power to enact this legis- Article I, Section 8, Clause 18 of the Con- H.R. 1025: Mr. MCNERNEY. lation pursuant to the following: stitution, which states ‘‘To make all Laws H.R. 1027: Mr. CONYERS, Mr. POLIS, and Ms. According to Article I, Section 8, Clause 3 which shall be necessary and proper for car- SEWELL of Alabama. of the Constitution: The Congress shall have rying into Execution the foregoing Powers, H.R. 1078: Mr. WOMACK.

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H.R. 1094: Mr. COOPER. H. R. 2088: Mr. BARBER. PATRICK MALONEY of New York, Mr. NOLAN, H.R. 1095: Mr. FARENTHOLD, Mr. DIAZ- H. R. 2094: Mr. GENE GREEN of Texas, Mrs. Mr. HUFFMAN, Mr. BRALEY of Iowa, Ms. BALART, Mr. CASSIDY, and Mr. BENISHEK. CHRISTENSEN, and Mr. BILIRAKIS. SINEMA, Mr. CA´ RDENAS, Mr. BERA of Cali- H.R. 1129: Mr. HECK of Nevada. H. R. 2116: Ms. ESHOO, Ms. BROWN of Flor- fornia, Mr. PETERS of California, and Mr. H.R. 1176: Mr. MCCAUL. ida, Ms. WILSON of Florida, Mr. BEN RAY BARROW of Georgia. H.R. 1179: Mr. HECK of Nevada. LUJA´ N of New Mexico, Mr. NADLER, and Mr. H.R. 2682: Mr. BARR and Mr. GUTHRIE. H.R. 1188: Mr. YOHO and Mr. BARLETTA. DINGELL. H.R. 2686: Mr. MULVANEY, Mr. BISHOP of H.R. 1250: Mr. GALLEGO. H. R. 2122: Mr. SMITH of Missouri. Georgia, Mr. LIPINSKI, Ms. JENKINS, Mr. H.R. 1254: Mr. RADEL. H. R. 2125: Mr. RADEL. BENTIVOLIO, Mr. RODNEY DAVIS of Illinois, H.R. 1284: Mr. BARBER. H. R. 2141: Mr. CLAY and Mr. PAYNE. Mr. HUFFMAN, Mr. MEADOWS, Ms. GABBARD, H.R. 1311: Mr. HUDSON. H. R. 2178: Mr. RYAN of Ohio. Mr. OWENS, and Mr. BARROW of Georgia. H.R. 1318: Mr. CARSON of Indiana. H. R. 2199: Mr. GARCIA. H.J. Res. 47: Mr. JORDAN. H.R. 1334: Mr. SCOTT of Virginia. H. R. 2247: Mr. KLINE and Mr. MARCHANT. H.J. Res. 50: Mr. JONES, Mr. LAMALFA, Mr. H.R. 1414: Mr. LIPINSKI. H. R. 2308: Ms. SLAUGHTER. NUNES, Mr. BUCHANAN, Mr. BENTIVOLIO, Mr. H.R. 1416: Mr. GRIFFIN of Arkansas and Mr. H. R. 2310: Mr. LATTA. GUTHRIE, Mr. LATHAM, Mr. KLINE, Mr. HAR- RUSH. H. R. 2315: Mr. THOMPSON of Pennsylvania. PER, Mr. YOUNG of Alaska, Mr. CULBERSON, H. R. 2328: Mr. SMITH of Texas and Ms. H.R. 1428: Mr. CARSON of Indiana and Mr. Mrs. NOEM, Mr. WITTMAN, Mr. ROGERS of Ala- MCCOLLUM. SWALWELL of California. bama, Mr. DUNCAN of Tennessee, Mr. COFF- H. R. 2329: Mr. REICHERT. H.R. 1463: Mr. BARBER. MAN, and Mr. TIBERI. H. R. 2338: Mr. LOEBSACK. H.R. 1464: Mr. BARBER. H.J. Res. 51: Mr. RAHALL and Mr. HARPER. H. R. 2385: Mrs. ROBY. H.R. 1488: Mr. BARBER. H. Con. Res. 24: Mr. NUNES. H. R. 2408: Mr. MCCLINTOCK. H.R. 1493: Mr. SMITH of Missouri. H. Con. Res. 34: Mrs. CAROLYN B. MALONEY H. R. 2412: Mr. RYAN of Ohio. H.R. 1518: Mr. TAKANO and Mr. POCAN. of New York. H.R. 1582: Mr. KLINE. H. R. 2429: MR. NUNNELEE, MR. ROKITA, MR. H. Con. Res. 41: Ms. MENG, Ms. ROS- H.R. 1598: Mr. BARBER. DIAZ-BALART, MR. WILSON OF SOUTH CARO- LEHTINEN, Ms. HANABUSA, Mr. LARSEN of H.R. 1630: Ms. ROYBAL-ALLARD and Mr. LINA, MR. BACHUS, MR. PAULSEN, MR. Washington, Ms. GABBARD, Ms. LINDA T. LOWENTHAL. HOLDING, MR. GRIFFITH OF VIRGINIA, MRS. SA´ NCHEZ of California, Ms. SEWELL of Ala- H.R. 1634: Mr. GRIFFIN of Arkansas. WALORSKI, MR. GOHMERT, MR. SALMON, AND bama, Mr. BRIDENSTINE, Mr. MCGOVERN, and H.R. 1638: Mr. HUELSKAMP. MR. FORBES. Mr. ROSKAM. H.R. 1696: Mr. MCNERNEY. H. R. 2445: Mr. WESTMORELAND, Mr. KELLY H. Con. Res. 44: Mrs. BUSTOS. H.R. 1708: Mr. MCCAUL. of Pennsylvania, and Mr. STOCKMAN. H. Res. 30: Mrs. KIRKPATRICK. H.R. 1726: Ms. SCHAKOWSKY, Mr. ISRAEL, H. R. 2449: Mr. MCCAUL, Mr. MCDERMOTT, H. Res. 75: Mr. COOPER. Mr. MEEKS, Mr. MCDERMOTT, Mr. LEWIS, Mr. Mr. PERRY, Mr. MEADOWS, and Mr. FRANKS of H. Res. 109: Mr. BLUMENAUER, Ms. RUSH, Mr. TONKO, and Ms. SLAUGHTER. Arizona. SCHWARTZ, and Mr. DENT. ARSEN H.R. 1731: Mr. L of Washington. H. R. 2458: Mr. LATTA. H. Res. 170: Mr. MCCAUL. H.R. 1732: Mr. COOPER, Mrs. CHRISTENSEN, H. R. 2463: Mr. COBLE. H. Res. 190: Mr. CRAWFORD. Ms. NORTON, Mr. HINOJOSA, and Mr. H. R. 2476: Mr. COURTNEY. H. Res. 208: Ms. TSONGAS and Mr. BRADY of ´ CARDENAS. H. R. 2485: Mr. BARBER. Pennsylvania. H.R. 1748: Mr. MORAN. H. R. 2506: Mr. COOPER, Mr. RUIZ, Mr. H. Res. 227: Ms. SCHAKOWSKY. H.R. 1761: Mr. WENSTRUP. SCHRADER, Mr. LOWENTHAL, Mr. LIPINSKI, and H. Res. 231: Mr. PAULSEN, Mr. SCOTT of Vir- H.R. 1771: Mr. BENTIVOLIO, Mr. LANCE, Mr. Ms. GABBARD. ginia, Ms. EDWARDS, Ms. MCCOLLUM, and Mr. GRIFFIN of Arkansas, Mr. COLLINS of New H. R. 2520: Ms. NORTON. LANCE. York, Mr. THORNBERRY, Ms. LINDA T. H. R. 2539: Mr. NADLER. H. Res. 250: Mr. JORDAN. SA´ NCHEZ of California, Mr. OLSON, Mr. H. R. 2542: Mr. CRAMER, Mr. CHABOT, and H. Res. 285: Mr. NUGENT, Mr. LYNCH, Mr. HANNA, Mr. VEASEY, and Mr. ISRAEL. Mr. SMITH of Missouri. MEEHAN, Mr. VAN HOLLEN, Mr. ENYART, Mr. H.R. 1801: Mr. LYNCH, Ms. SHEA-PORTER, H. R. 2557: Mr. BRADY of Texas. FOSTER, Mr. MCDERMOTT, and Mr. SABLAN. and Mr. CARTWRIGHT. H. R. 2568: Ms. TSONGAS. H. Res. 293: Mr. COBLE and Mr. SMITH of H.R. 1818: Mr. COBLE. H.R. 2571: Mr. STUTZMAN. Texas. H.R. 1825: Mr. FLEMING, Mr. ROONEY, Mr. H.R. 2575: Mr. COFFMAN. MEADOWS, Mr. COBLE, Mrs. BLACK, Mr. H.R. 2580: Ms. BASS. f GRAVES of Missouri, Mr. CRAWFORD, and Mr. H.R. 2585: Ms. WILSON of Florida. PALAZZO. H.R. 2590: Mr. BISHOP of Georgia, Mr. MAF- CONGRESSIONAL EARMARKS, LIM- H.R. 1827: Mr. POLIS and Ms. LEE of Cali- FEI, Mr. SEAN PATRICK MALONEY of New ITED TAX BENEFITS, OR LIM- fornia. York, Ms. GABBARD, Mr. CA´ RDENAS, Mr. ITED TARIFF BENEFITS H.R. 1830: Mr. ISRAEL. BENTIVOLIO, and Mr. BARROW of Georgia. Under clause 9 of rule XXI, lists or H.R. 1869: Ms. GABBARD, Mr. NOLAN, Mr. H.R. 2593: Mr. CULBERSON. WILSON of South Carolina, and Mr. BARROW H.R. 2611: Mr. COBLE. statements on congressional earmarks, of Georgia. H.R. 2615: Mr. FORTENBERRY. limited tax benefits, or limited tariff H.R. 1870: Mr. COOPER. H.R. 2632: Mr. WAXMAN. benefits were submitted as follows: H.R. 1900: Mr. HARPER, Mr. KLINE, and Mr. H.R. 2633: Mr. LEWIS, Mr. COOPER, Mr. NAD- OFFERED BY MR. CAMP BARLETTA. LER, Ms. NORTON, Ms. WILSON of Florida, Mr. H.R. 1908: Mr. HUDSON. RUSH, Mr. HINOJOSA, Mr. LYNCH, Mr. The provisions that warranted a referral to H.R. 1918: Mr. DUFFY. CLEAVER, Mr. CLAY, Mrs. KIRKPATRICK, Ms. the Committee on Ways and Means in H.R. H.R. 1925: Mr. KILDEE. BORDALLO, Mr. CUMMINGS, Ms. JACKSON LEE, 2667, ‘‘Authority for Mandate Delay Act,’’ do H.R. 1945: Ms. CLARKE and Mr. BARBER. Mr. JOHNSON of Georgia, Mr. FOSTER, Ms. not contain any congressional earmarks, H.R. 1961: Mrs. BEATTY. SCHAKOWSKY, Mr. MEEKS, Mr. RANGEL, Ms. limited tax benefits, or limited tariff bene- H.R. 1962: Mr. RODNEY DAVIS of Illinois. JENKINS, Ms. BROWN of Florida, and Mr. DOG- fits as defined in clause 9 of rule XXI of the H.R. 1979: Mr. MCDERMOTT. GETT. Rules of the U.S. House of Representatives. H.R. 1981: Ms. CHU. H.R. 2643: Mr. SCHRADER, Mr. HUFFMAN, Mr. OFFERED BY MR. CAMP H.R. 1985: Mr. WALDEN. COOK, Mr. MULVANEY, Mr. COOPER, Mr. The provisions that warranted a referral to H.R. 1991: Mr. GUTHRIE. BISHOP of Georgia, Mr. SEAN PATRICK MALO- the Committee on Ways and Means in H.R. H.R. 1998: Mr. HIMES, Ms. ROYBAL-ALLARD, NEY of New York, Mr. NOLAN, Mr. MICHAUD, 2668, ‘‘Fairness for American Families Act,’’ Ms. SCHWARTZ, Ms. TSONGAS, and Ms. BASS. Mr. RODNEY DAVIS of Illinois, Mr. do not contain any congressional earmarks, ´ H.R. 2000: Mr. PASCRELL. BENTIVOLIO, Mr. OWENS, and Mr. CARDENAS. limited tax benefits, or limited tariff bene- H.R. 2009: Mr. MURPHY of Pennsylvania, H.R. 2646: Ms. ESHOO, Mr. LARSEN of Wash- fits as defined in clause 9 of rule XXI of the Mr. WOODALL, Mr. MCCAUL, Mr. BRADY of ington, and Mr. SCHRADER. Rules of the U.S. House of Representatives. Texas, and Mr. HUDSON. H.R.. 2652: Mr. GRIJALVA and Mr. HUFFMAN. H.R. 2016: Ms. BONAMICI and Ms. PINGREE of H.R. 2663: Mr. TONKO and Mr. ALEXANDER. f Maine. H.R. 2667: Mr. COFFMAN, Mr. MEADOWS, Mr. H. R. 2046: Mr. COBLE. GRAVES of Missouri, Mr. POE of Texas, Mr. DELETIONS OF SPONSORS FROM H. R. 2052: Mr. BARR, Mr. MATHESON, and KLINE, Mr. BENISHEK, and Mr. CRAWFORD. PUBLIC BILLS AND RESOLUTIONS Mr. BILIRAKIS. H.R. 2668: Mr. MEADOWS, Mr. HUIZENGA of Under clause 7 of rule XII, sponsors H. R. 2053: Mr. RICE of South Carolina and Michigan, Mrs. MILLER of Michigan, Mr. were deleted from public bills and reso- Mr. MCKINLEY. BACHUS, Mr. GRAVES of Missouri, Mr. POE of H. R. 2068: Mr. HECK of Nevada and Mr. Texas, Mr. KLINE, Mr. COFFMAN, and Mr. lutions as follows: WALDEN. CRAWFORD. H.R. 1962. Mr. DUFFY. H. R. 2070: Mr. LEVIN, Ms. ESTY, Mr. VIS- H.R. 2675: Mr. ENYART, Mr. COOPER, Mr. H.R. 2319: Mrs. KIRKPATRICK. CLOSKY, and Mr. ENYART. BISHOP of Georgia, Mr. LIPINSKI, Mr. SEAN H.R. 2359: Mr. BISHOP of Utah.

VerDate Mar 15 2010 06:27 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A16JY7.016 H16JYPT1 jbell on DSK7SPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, TUESDAY, JULY 16, 2013 No. 101 Senate (Legislative day of Monday, July 15, 2013)

The Senate met at 10 a.m., on the ex- The VICE PRESIDENT. Without ob- Witness: His Excellency, the Governor, piration of the recess, and was called to jection, it is so ordered. Deval L. Patrick, and our seal hereto affixed order by the President pro tempore at Boston, this tenth day of July in the year Mr. REID. Mr. President, what is the of our Lord two thousand and thirteen. (Mr. LEAHY). business before the Senate? By His Excellency, Governor PRAYER The VICE PRESIDENT. The swearing DEVAL PATRICK. WILLIAM FRANCIS GALVIN, The Chaplain, Dr. Barry C. Black, of- in of the Senator from Massachusetts. Secretary of the Com- fered the following prayer: monwealth. Let us pray. f [State Seal Affixed] Eternal God, You deserve the honor, the glory, and the praise from our mor- f CERTIFICATE OF APPOINTMENT tal lips, for You alone are omnipotent. ADMINISTRATION OF OATH OF Shine Your light upon the challenging The VICE PRESIDENT. The Chair OFFICE path which our lawmakers must walk, lays before the Senate a Certificate of The VICE PRESIDENT. If the Sen- dispelling the shadows of doubt and di- Election to fill the vacancy created by ator-designee will now present himself vision. Lord, use our Senators as in- the resignation of Senator John F. at the desk, the Chair will administer struments of Your glory, keeping their Kerry of Massachusetts. The certifi- the oath of office. faith strong as they trust You to order cate, the Chair is advised, is in the The Senator-designee, escorted by their steps and choreograph their des- form suggested by the Senate. If there Ms. WARREN and Mr. COWAN, advanced tinies. May their labors bring solace to to the desk of the Vice President, the the needy, the marginalized, the lost, is no objection, the reading of the cer- oath prescribed by law was adminis- the lonely, and the least. Help them to tificate will be waived and it will be tered to him by the Vice President, and remember that they are Your servants, printed in full in the RECORD. he subscribed to the oath in the Offi- called to serve Your purposes in their Mr. REID. Mr. President, reserving cial Oath Book. generation. the right to object, I know a lot of peo- Lord, we ask Your special blessings The VICE PRESIDENT. Congratula- ple want to say some real nice things tions, Senator. on our new lawmaker Senator MARKEY about this good man, but we are going (Applause.) as he is sworn in today. to have to do it later. We have a lot of We pray in Your sacred Name. Amen. Mr. REID. Mr. President, what is the things to do. As he will learn, the Sen- business before this body? f ate is not always as punctual as the The PRESIDING OFFICER (Mr. MUR- PLEDGE OF ALLEGIANCE House. So all those who have these PHY). The motion to proceed to S. 1238 The President pro tempore led the wonderful things to say about this is pending. good man, do it later. Pledge of Allegiance, as follows: f I pledge allegiance to the Flag of the There being no objection, the mate- MEASURE PLACED ON THE United States of America, and to the Repub- rial was ordered to be printed in the lic for which it stands, one nation under God, CALENDAR—S. 1292 RECORD, as follows: indivisible, with liberty and justice for all. Mr. REID. Mr. President, I am told S. f THE COMMONWEALTH OF MASSACHUSETTS 1292 is due for a second reading. ORDER OF BUSINESS To the President of the Senate of the United The PRESIDING OFFICER. The States: Mr. DURBIN. Mr. President, the ma- clerk will read the bill by title for the This is to certify that on the twenty-fifth jority leader will be on the floor very second time. day of June, two-thousand and thirteen Ed- briefly, but at this point I suggest the The legislative clerk read as follows: ward J. Markey was duly chosen by the A bill (S. 1292) to prohibit the funding of absence of a quorum. qualified electors of the Commonwealth of The PRESIDENT pro tempore. The the Patient Protection and Affordable Care Massachusetts a Senator for the unexpired Act. clerk will call the roll. term ending at noon on the third day of Jan- The legislative clerk proceeded to uary, two thousand and fifteen, to fill the va- Mr. REID. Mr. President, I object to call the roll. cancy in the representation from said Com- this. Mr. REID. Mr. President, I ask unan- monwealth in the Senate of the United The PRESIDING OFFICER. Objec- imous consent that the order for the States caused by the resignation of Senator tion having been heard, the bill will be quorum call be rescinded. John F. Kerry. placed on the calendar under rule XIV.

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

S5691

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VerDate Mar 15 2010 00:49 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A16JY6.000 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5692 CONGRESSIONAL RECORD — SENATE July 16, 2013 EXECUTIVE SESSION SCHUMER and MURRAY. So everything is That recess appointment put him in going well. charge of the Consumer Financial Pro- I will say I hope everyone learned a tection Bureau. It sounds like a good NOMINATION OF RICHARD lesson last night, that it sure helps to title, but the reason this is of utmost CORDRAY TO BE DIRECTOR OF sit down, stand, whatever it is, and concern to me and has been for the THE BUREAU OF CONSUMER FI- talk to each other. It was a very good past 3 years is the lack of congres- NANCIAL PROTECTION meeting that lasted 4 hours. People sional oversight and blatant privacy Mr. REID. Mr. President, I ask unan- were still as highly engaged at the end intrusions of the Consumer Financial imous consent that the Senate proceed of that 4 hours as they were in the be- Protection Bureau, the CFPB. to executive session to resume consid- ginning. The Dodd-Frank Act, which created eration of Calendar No. 51. I think we see a way forward that the CFPB, has been a hot topic of con- The PRESIDING OFFICER. Is there will be good for everybody. There are a versation since its passage in 2010. objection? lot of accolades to go around to a lot of There are a lot of important discus- Without objection, it is so ordered. people. I certainly appreciate my won- sions about different parts of the bill The clerk will report the nomination. derful caucus. and some of the consequences we are The legislative clerk read as follows: One of my Senators, who has a lot of seeing now, 3 years down the road. Nomination, Bureau of Consumer Finan- humility, told me this morning: It These are all important conversations cial Protection, Richard Cordray of Ohio to doesn’t matter what you ask me to do, to have, but today I am focusing on the be Director. I will do it. Consumer Financial Protection Bu- Mr. REID. Mr. President, I ask unan- I would hope this is not a time to flex reau. imous consent that the time until 11 muscles, but it is a time I am going to The Bureau, as allowed by the Dodd- a.m. be equally divided and controlled. tell one person and no one else how Frank Act, could direct up to $600 mil- The PRESIDING OFFICER. Without much I appreciate their advocacy, their lion every year, but it is not subject to objection, it is so ordered. persuasiveness, persistence, and—a the congressional appropriations proc- Mr. REID. At 11 there will be a clo- word that truly describes this man is ess—the same congressional appropria- ture vote on the nomination of Richard hard to find. tions process that approves the budgets Cordray to be Director of the Consumer I was told by another Senator: You of the other agencies, such as the Secu- Financial Protection Bureau. If cloture know what this man did? I said: You rities and Exchange Commission and is invoked, there will be up to 8 hours know who he reminds me of? Bob the Federal Trade Commission. In- of debate on the nomination. Kerrey. I hope that doesn’t disparage stead, the agency is funded from reve- The PRESIDING OFFICER. Who JOHN MCCAIN. But JOHN MCCAIN is the nues from the Federal Reserve—the yields time? reason we are at the point we are. A lot Federal Reserve—before the revenues Mr. REID. I ask unanimous consent of people have been extremely helpful. come to the Treasury, funds that are that the time be equally divided. This is all directed toward JOHN supposed to be remitted to the Treas- The PRESIDING OFFICER. Would MCCAIN from me. No one was able to ury for deficit reduction. the Senator withhold that request? break through but for him. He does it Some might ask: Isn’t there a cap to Mr. REID. Absolutely. at his own peril. the funding available to the CFPB? The PRESIDING OFFICER. The Sen- Everyone, we are going to have a Yes, there is, but here is what it looks ator from Arizona is recognized. caucus today. We will explain in more like. The cap was 10 percent of the Fed- Mr. MCCAIN. Mr. President, we are detail the direction we are headed. I eral revenues for fiscal year 2010, 11 going to move forward to the Cordray think everyone will be happy. Every- percent for fiscal year 2012, and it will nomination, which has been held up for one will not think we got everything be 12 percent for fiscal year 2013, with some period of time. I would like to we wanted, but I think it is going to be an inflation factor each and every year thank everybody on both sides of the something that is good for the Senate. after that. This means 12 percent of the aisle who was engaged in this debate It is a compromise. I think we get what combined earnings of the Federal Re- and discussion. I would particularly we want; they get what they want—not serve System, which was $4.98 billion in like to thank all of my colleagues who a bad deal. engaged in a long but productive dis- I suggest the absence of a quorum. 2009. At that time, 10 percent would cussion last night—which is our cus- The PRESIDING OFFICER. The have been $500 million. These numbers tom—of the many issues that separate clerk will call the roll. are astonishing, and anyone saying us, particularly some pending, what The legislative clerk proceeded to that the Bureau is not funded by tax- many of us believe to be a crisis in the call the roll. payers is trying to pull a sleight-of- history of the Senate. Mr. ENZI. Mr. President, I ask unani- hand. The funds may not come directly I wish to thank both our leaders, mous consent that the order for the from the Treasury, but taxpayers are Senator MCCONNELL and Senator REID, quorum call be rescinded. going to have to take up the slack for and so many others who have been ac- The PRESIDING OFFICER. Without funds they are no longer receiving from tively engaged in conversations that objection, it is so ordered. the Federal Reserve. I am not sure how have been going on. I look forward to a Mr. ENZI. Mr. President, I wish to we do that constitutionally, to move vote as soon as possible on Mr. speak today on the nomination of somebody outside and still take Fed- Cordray. Richard Cordray to be the Director of eral money. I thank all of my colleagues for be- the Consumer Financial Protection Bu- In addition, the Director of the Bu- lieving what I thought was very impor- reau. I want to speak against this con- reau has unlimited discretion over how tant in our relations with the Senate. firmation. the agency’s money—these hundreds of I yield the floor. Why is this nomination important? millions of dollars I just talked about— The PRESIDING OFFICER. The ma- Once the Director is approved by Con- is spent. Let me repeat that. The Di- jority leader. gress, by the Senate—not all the Con- rector of the Bureau has unlimited dis- Mr. REID. Mr. President, we may gress, just by the Senate—we will no cretion over how the agency’s money is have a way forward on this. I feel very longer have any control over a bureau spent. He doesn’t submit a budget. confident, as you know. That is why we that collects everyone’s financial Nothing is approved. need the time. So what we are going to records in detail and can cancel a loan Not only that, the Director is al- do is go into a quorum. I think every- up to 180 days even if both parties to lowed to put fines and penalties col- one would be well advised, if they wish, the loan are happy. lected by the Bureau into a slush fund to talk about substantive matters, if Mr. Cordray was recess-appointed. I that it does not have to return to the you wish to speak to Senator Markey. think it was because the President Treasury the way other agencies have But we have a few i’s to dot and t’s to thought he would not be approved by to do. Do you think that might encour- cross, I have to speak to the Vice Congress. age a lot of fines and penalties by this President, and we are going to have a What I am about to tell you already Bureau? I think it would. I don’t think phone call to make with Senators is under the direction of this nominee. it ought to be done that way.

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.003 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5693 The same Director who has so much policy research projects.’’ This infor- the door and invited him in, and that is unchecked authority doesn’t even an- mation gathering from banks includes what this lack of oversight is sig- swer to the Office of Management and credit card and checking account over- naling. Go ahead and collect millions Budget and only has to submit routine draft information as well as require- of consumers’ information. Don’t tell financial information to the Office. ments to provide records on credit us what you are using it for, and don’t There is also no inspector general for cards and on products such as credit feel the need to tell us much of any- this Bureau. Here is one example of monitoring. thing else because this Director and why that is a problem. The Dodd-Frank In addition to the bank records it is this Bureau will not be accountable to Act expressly exempted auto dealers collecting, the Bureau is collecting Congress. from the oversight purview of the Bu- data on payday loans from debt collec- Meanwhile, the message we are get- reau. They listened to me when this tion agencies and building a mortgage ting from the Bureau, and some of my bill was passing and found out that database of loan and property records colleagues, is that Congress needs to loans could be canceled within 180 days with information from agencies and sit back and butt out of the Bureau’s by the Bureau without the approval of other financial and property informa- business. We are hearing the message the automobile dealer or the person tion holders. that asking for congressional oversight who bought the automobile. The CFPD also says they are not in- is akin to wanting consumers to be de- However, the Bureau doesn’t think cluding any personally identifiable in- ceived and discriminated against. auto dealers should be exempt from formation such as names and Social Let’s get one thing straight. None of oversight, so it found ways to exert Security numbers while compiling all my colleagues disagree that protecting itself through the banks. Banks are of this information. I made that state- consumers is important. We all want now looking at auto loans made, and ment at one of our listening sessions in consumers to get a fair shake and be the Bureau has issued its first signifi- Wyoming, and somebody from the audi- able to make informed financial deci- cant penalty in connection with the ve- ence yelled: No, they just check with sions. I never envisioned the Federal hicle financing. the NSA. Government making your financial de- The Bureau has also issued what it What they are doing is taking all of cisions. I have championed financial calls a fair lending guidance bulletin that consumer data and layering it literacy for much of my time in Wash- directed at institutions that make in- into consumer profiles to show a com- ington and believe strongly in the direct automobile loans. In it the Bu- plete snapshot of each consumer’s fi- value of individuals having the tools reau says indirect lenders will be nances. For example, they can say: they need to make sound financial de- viewed as participants in any discrimi- There is a consumer at a specified zip cisions for themselves and their fami- natory pricing by dealers due to their code who has $1,500 in the bank, $6,000 lies. I repeat: I never envisioned the role in the auto loan credit decision in credit card debt, $10,000 in student Federal Government making your fi- process and suggests lenders impose loan debt, and a $200,000 mortgage. nancial decisions, but that is not the controls on dealer markup and com- To the American people who are lis- issue. The issue is the need for checks pensation policies. Is this revenge for tening to me speak right now, what and balances and for consumers to be them getting an exemption in the bill? happens if you are one of the 10 million able to make a choice as to whether The Bureau’s interpretation of Dodd- customers whose data is being col- their financial information is collected Frank and this guidance will have wide lected? Does this make you angry and and used. ramifications for indirect lenders and uncomfortable? What happens if you I cannot in good conscience, with ultimately auto dealers. Because the don’t want all of your financial infor- these concerns weighing so heavily on bulletin issued is considered guidance mation compiled and used by the Bu- my mind, support moving forward with and not a rule, there has been no op- reau for policy research projects? the confirmation of a Director to the portunity for the public—including I am sure you would like to hear me Consumer Financial Protection Bu- consumers, lenders, and dealers—to tell you that you can call or write the reau—the one already in charge of col- comment on this policy interpretation Bureau and say you don’t want the Bu- lecting your financial records—while that will affect an industry that was reau collecting your financial records doing a daily speech about his good exempted from the Bureau oversight. from your bank, your student loan work. The lack of accountability and con- from a third party provider, your mort- Wait until his confirmation. We will gressional oversight over the Bureau’s gage data, or your ATM data. I am see more intrusion into our personal budget and Director are troubling, to sorry. You can’t. You can’t tell them lives. Until it has changed so this man say the least, but the picture becomes to stay out of your records. It is not does not have this much power—power even more concerning when the lens is possible. If your data is being col- beyond anybody else in the Federal shifted to what kinds of oversight lected, you do not have the option to Government—there needs to be some power are afforded to and being prac- opt out nor does the CFPB need any changes that will balance consumers’ ticed by this Bureau—this Consumer kind of permission from you to gather protections with privacy protections Financial Protection Bureau. It sounds your personal financial information. and allow for a healthy and appropriate like it is for everybody. This is another issue I tried to work level of congressional oversight over an Here is what I said when expressing on when the Dodd-Frank Act passed. I agency that wields this tremendous my concern about this Bureau and the had an amendment that would simply power and has its own source of rev- Dodd-Frank Act on May 20, 2010: require a privacy release, a signature enue and no oversight. Not even an in- This bill was supposed to be about regu- from the consumer before the Bureau spector general has this kind of power. lating Wall Street; instead it’s creating a could collect the consumer’s financial Until that happens, I have to oppose Google Earth on every financial transaction. data. Unfortunately, my amendment this nomination. I hope my colleagues That’s right—the government will be able to was not accepted and we find ourselves will join me. see every detail of your finances. in the situation we are in today: Amer- I yield the floor. Your permission is not needed. icans cannot tell the government they The PRESIDING OFFICER (Mr. They can look at your transactions from don’t want their personal financial in- SCHATZ). The Senator from New Mexico the 50,000 foot perspective or they can look formation collected and stored. Mr. UDALL of New Mexico. Mr. right down to the tiny details of the time What I would like to know is how President, I ask unanimous consent to and place where you pulled cash out of an this information is reining in Wall speak for 5 minutes. ATM or charged to your credit card. Street. The Dodd-Frank Act was sold The PRESIDING OFFICER. Is there Unfortunately, we are now finding to the public as a way to rein in Wall objection? Without objection, it is so this fear has become a reality. A recent Street. As far as I can tell, it has ordered. Bloomberg article states that the Bu- turned out to be the perfect excuse for Mr. UDALL of New Mexico. Mr. reau is demanding records from banks Big Brother to worm his way even fur- President, this is a historic day in the and buying information from compa- ther into our lives and our privacy. Senate. These are qualified nominees. nies on at least 10 million American Actually, Big Brother doesn’t have to They have been delayed long enough. consumers for ‘‘use in a wide range of worm his way in. Dodd-Frank opened But we are also considering a larger

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.004 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5694 CONGRESSIONAL RECORD — SENATE July 16, 2013 question; What kind of Senate do we Senate Chamber. We were able to ex- I yield the floor. want? What kind of Senate best serves change our thoughts outside of the The PRESIDING OFFICER. The Sen- the American people? limelight. I believe it was very produc- ator from Tennessee. This is not about breaking agree- tive. Mr. CORKER. Mr. President, I ments. This is about a Senate that is We had a lot of ideas come forward. thought last night’s meeting was a already broken. We once were called Some of those ideas to resolve this sit- healthy meeting. I am glad we did what the world’s greatest deliberative body, uation may end up being adopted in a we did. I appreciate the two leaders and we have become a graveyard for little bit. It looks as though Richard sponsoring that meeting, and I appre- good ideas. The traditions of the Sen- Cordray, the attorney general from ciate the time in which everyone ate have been buried—buried under the Ohio, will get cloture at this point—at spoke. weight of filibusters, of chronic ob- least that is the way it is looking—and I think with a lot of phone calls hav- struction, and by a tyranny of the mi- then we will have some debate on that ing been made this morning we can and nority. The Senate has been driven by nomination. will move past the cloture vote for Mr. unprecedented partisanship. I have a couple of other points. First Cordray. I have had several conversa- The agreement of this past January of all, Leader REID has incredible pa- tions with him and others, this morn- was modest. Some of us felt it was too tience when it comes to this whole ing, but I do want to say this is a ges- much so. The leaders agreed to sched- issue of executive nominations. I have ture of good faith. We will see what ule the President’s nominees in a time- seen him over and over go beyond the happens in a moment when the vote ly manner, but that did not happen. pale when it comes to patience. At this takes place and, obviously, in this That is not what we have seen. Nomi- point he realized we were getting body, nothing happens until it happens. nees have been continually blocked— things clogged up, there was too much I hope Members on the other side will note this good-faith effort that is tak- one after another, month after month. obstruction, so he needed to force the ing place in a few moments. I hope it is That failure doesn’t just violate an issue. going to happen. I think it may. agreement, it violates the trust of the I am very proud he has done this be- cause I think it has pushed us in the I hope that over the course of the American people. next 24 to 48 hours we can work in a lit- People in New Mexico—people in the right direction. As a result, we are tle more comprehensive manner. I rest of the country—want to know: going to get executive nominees in think this would be something to get Who is minding the store? The answer, place on a timely basis, and we are going to get rid of all the delay we behind us during this next year and a too often, is no one. As a result, impor- half so we can move on to solving our tant work is left undone. That is not by have had. I looked back in history at executive Nation’s problems. I don’t think it is accident. It is by design, which is why nominees. I remember my father when healthy for this body to constantly we are here now. Because the months he became Secretary of the Interior in have potential rules changes hanging go by, and we don’t have a Secretary of 1961. When I was first sworn into the over the issues of our Nation, and we Labor. We don’t have a National Labor Senate and came home, I told him we do have big issues. Relations Board. We don’t have an ad- were having a hard time getting execu- We have an opportunity, potentially, ministrator of the Environmental Pro- tive nominees in place. He said: Tom, to get the immigration issue behind us. tection Agency. These, and other, vital the amazing thing, if you highlight the I know there are other pieces of legisla- agencies are adrift. 50 years ago and 50 years later, is I had tion we could well deal with. In the Their work matters for the people in my whole team in place within 2 event we do move into this postcloture my State, for all Americans who care weeks. My entire team was in place in period, I hope Members on the other about the rights of workers, the envi- 2 weeks. side of the aisle will take note of that ronment, health care, consumer protec- This is President Obama’s fifth year and will work with us constructively tion, and the integrity of our elections. as President, and he doesn’t have his toward a solution that brings this The American people spoke in No- team in place. That is the issue. I know place together instead of pulling it vember. They re-elected the President. we are focusing on trying to do every- apart. They expect a government to do its thing we can to find a solution as to I thank the Senator for his efforts. job, and gave the President the right to how we allow a President who has been Again, I empathize and sympathize select his team to do that job. The peo- reelected—and by a pretty good mar- with his family over the personal loss ple give the President that right, but a gin—to have his team in place. that just occurred. I look forward to minority in the Senate does not. Find I am very confident that Senator working with the Senator from New 60 votes or find someone else or leave JOHN MCCAIN is working on a com- Mexico as we move ahead. the position empty. That is not the promise. He is a good friend to the fam- I yield the floor. tradition of the Senate. ily and somebody who cares about CLOTURE MOTION That is not advise and consent, it is moving forward with the issues rather The PRESIDING OFFICER. Under obstruct and delay. In the end, it is the than obstructing the issues. the previous order and pursuant to rule people of this country who are kept As everybody knows, he was part of XXII, the Chair lays before the Senate waiting. the Gang of 14. Senator MCCAIN with 13 the pending cloture motion, which the These are qualified nominees. They other Senators came up with that com- clerk will state. should not be blocked yet again simply promise to move us forward in terms of The legislative clerk read as follows: because you don’t like their policy or the gridlock that we were facing with CLOTURE MOTION their program, or the law they are judicial nominations. So I hope the dis- We, the undersigned Senators, in accord- commanded to uphold. cussions that are taking place are ance with the provisions of rule XXII of the We have a chance here today—a his- going to produce something. Standing Rules of the Senate, hereby move toric chance—to restore the confirma- I think it is a big breakthrough to to bring to a close debate on the nomination tion process. We have a chance to re- see we are at the point where Richard of Richard Cordray, of Ohio, to be Director, store the Senate to how it has worked Cordray, who has been waiting for 2 Bureau of Consumer Financial Protection. for over 200 years. I hope we will take years—he is a very competent indi- Harry Reid, Tim Johnson, Barbara this opportunity. vidual. He has served as the attorney Boxer, Elizabeth Warren, Debbie Stabe- now, Jon Tester, Al Franken, Jack New Mexicans want a government general of Ohio, one of our biggest Reed, Tom Harkin, Ron Wyden, Pat- that works, the American people want States. He is a great consumer protec- rick J. Leahy, Amy Klobuchar, Robert a government that works, and today tion person—is going to get cloture, we P. Casey, Jr. Jeff Merkley, John D. they will be watching to see if, finally, will have debate, and my sense is we Rockefeller IV, Max Baucus, Richard it actually does. are going to get him into that con- Blumenthal, Carl Levin. In conclusion, I want to talk about sumer agency, and it will make a big The PRESIDING OFFICER. By unan- the rules and what we engaged in yes- difference. imous consent, the mandatory quorum terday, which I thought was a very pro- I see my good friend Senator CORKER, call has been waived. ductive endeavor. We had 3 hours with so I want to make sure he gets to speak The question is, Is it the sense of the most Senators in the room in the Old before we have this 11 a.m. vote. Senate that debate on the nomination

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\A16JY6.006 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5695 of Richard Cordray, of Ohio, to be Di- Mr. REID. I suggest the absence of a will remember the responsibility for rector of the Bureau of Consumer Fi- quorum. consumer protection was vested in the nancial Protection, for a term of 5 The PRESIDING OFFICER. The Federal Reserve. But what happened in years, shall be brought to a close? clerk will call the roll. the Federal Reserve? The Federal Re- The yeas and nays are mandatory The legislative clerk proceeded to serve carried on with its responsibility under the rule. call the roll. on monetary policy, but it put its re- The clerk will call the roll. Mr. MERKLEY. Mr. President, I ask sponsibility for consumer protection The yeas and nays resulted—yeas 71, unanimous consent that the order for down in the basement of its building. nays 29, as follows: the quorum call be rescinded. They locked the doors, they threw [Rollcall Vote No. 173 Ex.] The PRESIDING OFFICER. Without away the key, and they said let the YEAS—71 objection, it is so ordered. market be the market. They abandoned Mr. MERKLEY. Mr. President, I Ayotte Graham Mikulski our consumers across this country. thought I would make a couple of com- Baldwin Hagan Murkowski That is why we need a Consumer Fi- Baucus ments regarding the activities of this Harkin Murphy nancial Protection Bureau. It doesn’t Begich Hatch Murray Chamber a few minutes ago. We had 71 have a conflict in its mission. It is not Bennet Heinrich Nelson votes in favor of closing debate on the Blumenthal Heitkamp obsessed with a different mission such Portman nomination of Richard Cordray to be Blunt Hirono Pryor as monetary policy. We need a bureau Boxer Hoeven Director of the Consumer Financial Reed that says: New predatory techniques Brown Isakson Reid Protection Bureau, the CFPB. The Cantwell Johanns will crop up and we will try to end Rockefeller Cardin Johnson (SD) CFPB is vested with the responsibility Sanders them, try to end practices in predatory Carper Kaine of protecting consumers from preda- Schatz payday loans that can charge 350 to Casey King Schumer tory financial practices. Chambliss Kirk We all discovered in the runup to the 550-percent interest on unsuspecting Coats Klobuchar Shaheen citizens. We need a bureau that will Stabenow great recession just how important this Collins Landrieu look out and say we need to stop the Coons Leahy Tester protection is. We had many crazy pred- Corker Levin Udall (CO) atory practices. practice on which online payday lend- Donnelly Manchin Udall (NM) On credit cards we had fees that ers get your bank account number and, Warner Durbin Markey came out of nowhere and shifting time without your permission, do a re- Feinstein McCain Warren motely generated check and reach in Flake McCaskill Whitehouse periods from month to month in terms Franken Menendez Wicker of when the payments were due, even and grab the funds out of your account. Gillibrand Merkley Wyden shifting destinations of where the cred- The list of predatory practices is end- NAYS—29 it card payments got mailed to, and less because the human mind is end- Alexander Enzi Risch also fees that could be wracked up on lessly inventive. So we have an impor- Barrasso Fischer Roberts unsuspecting consumers. tant bureau—but an important bureau Boozman Grassley Rubio We certainly found out on mortgages that cannot do its job unless there is a Burr Heller Scott how important financial protection is director to run it. Chiesa Inhofe Sessions Two years ago Richard Cordray was Coburn Johnson (WI) Shelby because we had, starting from 2003 for- Cochran Lee Thune ward, a booming industry in predatory nominated to head the Bureau. He has Cornyn McConnell Toomey teaser rate mortgages, where the mort- been waiting to get cloture on his nom- Crapo Moran Vitter ination and a subsequent vote for 2 Cruz Paul gages might be 4 percent for 2 years but then were changed after 2 years to years. He has been an interim ap- The PRESIDING OFFICER. On this 9 percent. One would think most pointee during that period of time and, vote the yeas are 71 and the nays are would-be homeowners would look at by all accounts, from everything I have 29. Three-fifths of the Senators duly that deal and say: That is not a good heard from folks in this Chamber, chosen and sworn having voted in the deal. But here is what happened. They doing a very good job, working very affirmative, the motion is agreed to. went to a mortgage broker, and the hard with the great technical details of Pursuant to S. Res. 15 of the 113th mortgage broker said: I am your finan- the financial world to find a fair and Congress, there is now 8 hours of cial adviser. Mortgages have gotten solid way forward. postcloture debate on this nomination, very complex, they are very thick, and The fact is his nomination, so long equally divided in the usual form. there is a lot of fine print, so you are delayed, is not a reflection on him per- The majority leader. sonally. In fact, many Senators who Mr. REID. I hope we don’t have to paying me to sort through and find the have opposed allowing the vote to take use all of the 8 hours, but we will see. best deal for you. Mr. REID. I ask unanimous consent So first-time home buyers trusted place have come forward and said it is the Senate recess from 12:30 p.m. to 2:15 their mortgage brokers. Unbeknownst not about him personally; it is about p.m. to allow for the weekly caucus to the new homeowners, those brokers the Consumer Financial Protection Bu- meetings and that the time during the were being paid kickbacks called steer- reau. Forty-three Senators in this recess count postcloture on the ing payments. They were being paid Chamber wrote a letter to say they Cordray nomination. special bonuses outside the framework would oppose any nominee for the Con- I express my appreciation for the of the deal in order to steer the sumer Financial Protection Bureau. It strong vote this good man received. unsuspecting first-time home buyer— was a bold attempt to change back to The PRESIDING OFFICER. Without the customer—into a predatory loan a situation where there was no one to objection, it is so ordered. when the first-time customer actually fight for consumer protection for our Mr. REID. I suggest the absence of a qualified for a prime fixed-rate mort- citizens in this Nation. quorum. gage. Well, those predatory mortgages Today we end that drama in favor of The PRESIDING OFFICER. The proceeded to be put into securities, and fairness for American citizens, in favor clerk will call the roll. those securities were bought up by fi- of taking strong action against preda- The legislative clerk proceeded to nancial institutions across America tory mortgages and the predatory prac- call the roll. and beyond because the folks who were tices of the future. In 8 hours we will Mr. REID. I ask unanimous consent buying the securities understood that be voting up or down on his nomina- that the order for the quorum call be in a couple of years the interest rate tion, as we should have long ago. rescinded. would go way up and they would make But let me shift gears here and say The PRESIDING OFFICER. Without a lot of money off those securities. the vote we took today is symbolic of objection, it is so ordered. So this was a system rigged against much more than the important func- Mr. REID. What I should have done the first-time home buyer, against the tion of establishing an effective Con- and will do now is ask unanimous con- home buyer who wanted to start their sumer Financial Protection Bureau. sent that the time during this quorum journey to owning their piece of the The vote we took a short while ago is call be divided equally on both sides. American dream. central to ending the paralysis that The PRESIDING OFFICER. Without Those predatory practices should has generally haunted this Chamber. objection, it is so ordered. never have been allowed. Some here That paralysis is something new. In

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.008 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5696 CONGRESSIONAL RECORD — SENATE July 16, 2013 the time from Eisenhower’s Presidency be held accountable, and this investiga- good moments. But we also are re- through Ford’s Presidency, there was tion is under way by this agency. Now minded that the path is not completely not one filibuster of an executive nomi- Richard Cordray is there to head it. I clear. nee. In President Obama’s 41⁄2 years, think that is important, and that is For example, at this moment we there have been 16 such filibusters. So why this vote which will be in a few should be in the middle of a conference if we talk about the norm and tradition hours on Richard Cordray’s nomination committee on the budget. The Senate of the Senate, the norm and tradition is important. passed a budget and the House has of the Senate is a reasonable and time- But the second point is a larger glob- passed a budget, but the conference ly up-or-down vote. That is the tradi- al point about the Senate and perhaps committee is being filibustered by this tion, and it is a tradition that fits with Congress. We have in a very brief pe- Chamber. That is evidence of the model the Constitution. The Constitution riod of time—1 month—seen two very we are trying to break that is calls for a supermajority for treaties to significant votes, in my estimation. unexplainable to the American people. be confirmed, but it only embeds a sim- The first was on the immigration bill, Folks back home want to know why we ple majority requirement for nomina- where 68 Senators voted for the immi- can’t get a bill on the floor of the Sen- tions. There is reasoning behind that: gration reform bill, 14 Republicans ate to address the sequester. Because because our Founders envisioned three joining all the Democrats. It was a fewer kids are getting into Head Start, coequal branches of government. They breakthrough, and most of us feel it fewer kids are getting their inocula- could never have envisioned it would be was the first time in a long time that tions, title I schools are not getting OK for the minority of one branch to we have seen Senators of both political their funding. And, of course, there is a be able to deeply disable another parties sit down and hammer out an lot of concern within the military branch, be it the executive branch or agreement that was reflected in the world about our national security be it the judiciary. vote on the floor: 14 Republicans, 54 where programs are being com- So the vote we took today is part of Democrats. promised. But we couldn’t get the bill a larger conversation about ending the Now we have the second evidence of to the floor of the Senate because it paralysis and focusing on the challenge bipartisanship with the vote that was was filibustered. of executive nominations getting time- just cast, 71 who came forward—some So we have important milestones to ly up-or-down votes. 17 Republicans and 54 Democrats, if I grab hold of that are presenting a vi- Mr. DURBIN. Would the Senator am not mistaken—voting in favor of sion of the restoration of this Senate yield for a question? ending cloture. as a deliberative body, but we are going Mr. MERKLEY. Absolutely. The point I would like to get to in to have to work together in this bipar- The PRESIDING OFFICER (Ms. this long question—and I would ask the tisan fashion we speak of to continue HEITKAMP). The Senator from Illinois. Senator from Oregon for his reflection on this road. Mr. DURBIN. Madam President, I Mr. DURBIN. I thank the Senator. on this—it seems to me the key to get- first thank the Senator for his leader- Mr. MERKLEY. Madam President, I ting things done on Capitol Hill these ship. He has been the singular force in appreciate my colleague from Illinois days, in a fractured political Nation, is the Senate to have us reassess the emphasizing the important role of bi- rules of the Senate to make certain bipartisanship—not just in the Senate partisanship in making this Chamber they are serving the needs of our Na- Chamber but in the House as well, that work. His question gave me an oppor- they have to reach beyond the major- tion. I thank Senator MERKLEY for his tunity to talk about what has just leadership, and I know he felt a great ity party—in our case Democrats and transpired as an important victory—an sense of satisfaction with the vote that in their case Republicans—and start important victory for this Chamber was just cast on the floor—a vote in thinking about how we put things to- and its deliberation, an important vic- which 71 Senators voted to invoke clo- gether on a bipartisan basis that have tory for people across America, fami- ture and end the filibuster on the a chance of passing and ultimately be- lies working to have their financial nominee to head the Consumer Finan- coming law and solving the problems foundation solid rather than torn asun- cial Protection Bureau. facing our Nation. der by predatory practices. As the Senator from Oregon knows, When it comes to consumer protec- In this journey, this effort to achieve this Bureau has been controversial tion, with a bipartisan vote, we move a Senate that can again function as a since its inception when we passed the forward. A few weeks ago when it came deliberative body, I want to take this Dodd-Frank finance reform bill after to immigration reform, we had a bipar- moment to thank my colleague TOM the tragedies and scandals of Wall tisan vote that moved forward. So I UDALL. TOM UDALL and I came into the Street. There were many who did not would ask the Senator to not only re- Senate together. TOM UDALL imme- want to see us create a consumer pro- flect on this institution and the earlier diately recognized that the Senate tection agency. Yet we did. It was the vote but on the current challenges we needed to address its internal func- brainchild of one of our current col- face politically and how these votes re- tioning because we were becoming leagues, Senator ELIZABETH WARREN of flect on those. more and more paralyzed. He proposed Massachusetts, who, before she was Mr. MERKLEY. I would say to my before this body that we have a con- elected, thought this was an important colleague from Illinois that, indeed, scious debate every 2 years about how agency—literally the only consumer these are key milestones where the to adjust the rules and to make this protection agency in the Federal Gov- journey is to restore the functionality Senate Chamber work much better, be- ernment. But it wasn’t welcomed by of this Senate so it can take on the sig- cause we are not only being paralyzed some corners, particularly some finan- nificant issues Americans expect us to on executive nominations but we have cial institutions and others. take on. this terrible paralysis on legislation, I think it is noteworthy at two lev- The path forward is not yet one with- with a few important exceptions that els, and I would like to ask the Senator out obstruction. We have these two im- my colleague from Illinois and I spoke from Oregon to respond. First, it is portant milestones—one of going for- about. noteworthy that although it took 2 ward on immigration, a second of going I want to thank Tom for his work to years, in that 2-year period of time this forward in terms of putting a func- help motivate this body to take on Consumer Financial Protection Bureau tioning Consumer Financial Protection these issues and to restore the has proven its worth. Bureau fully together. We have had functionality. I have been pleased to be I am working now on the exploi- some other recent moments that fit a partner with him on this journey. I tation of our military by for-profit this pattern, including passing the know it is a journey that is not yet schools. Holly Petraeus, the wife of farm bill out of this Chamber for the done, but I do thank my colleagues— General Petraeus, works for this agen- second time, passing a Water Resources across the aisle and on this side of the cy, and she has focused her efforts on Development Act that would fund enor- aisle—for the very frank discussions military families and the exploitation mous amounts of infrastructure across last night in which for 3 hours we bared of the GI bill by these schools. this country to help provide both water our hearts, if you will, about what is I think every American would agree supply infrastructure and wastewater working and not working in this Cham- that those who are guilty of it should treatment infrastructure. These are ber. That too is an important moment

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.011 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5697 in this journey to make the Senate elected—is an unprecedented level of ‘‘I We have a majority vote on this work. So I applaud the spirit that came object,’’ of holds, of a variety of mecha- issue. We could not get it passed be- into the Chamber today that resolved nisms that bring the functioning of the cause we needed 60 votes. the 2-year standoff in regard to having Senate to a halt. All of this takes place The American people know our tax a functioning chair of the Consumer at a time when millions of people can- system is enormously flawed. We have Financial Protection Bureau, and to not find jobs and at a time when kids major corporations—General Electric set the tone, hopefully, for changing are graduating college deeply in debt and other corporations—that in a given dramatically the partnership to restore and millions of others are now choos- year, after making billions of dollars in the functioning of the Senate going ing not to go to college because we are profits, pay zero in Federal taxes. Leg- forward. not addressing the issue of higher edu- islation was passed on the floor of the I yield the floor. cation. It takes place at a time when Senate by a majority—legislation that Mr. SANDERS. Madam President, I our infrastructure—our roads and begins to address that issue—but we am glad an agreement has been reached bridges and airports and rail systems— did not have 60 votes. in which President Obama will finally is crumbling, when our educational We provided emergency relief to sen- get Senate confirmation votes on his system is in need of major reform, and ior citizens who several years ago were appointees to the Consumer Financial the gap between the people on top and getting no COLAs for Social Security. Protection Bureau, the Department of everybody else is growing wider. We had a majority vote but could not Labor, and the head of the Environ- The American people perceive this get 60 votes. mental Protection Agency. This agree- country has major problems that must We had a majority vote to say that ment, as I understand it, will also pro- be addressed. What does the Senate do? women should be paid equal pay for vide that the President’s new nominees We are sitting here waiting 30 hours for equal work. A majority of Senators for the National Labor Relations Board a motion to proceed, to see if, in fact, said that. We couldn’t get it passed. will be rapidly confirmed. That is a we can vote on a piece of legislation What we have seen in recent years is step forward. that requires 60 votes. Time and time reasonably good legislation getting a While this agreement addresses the again we do not get those votes. majority vote, but we cannot get it immediate need for the President of When votes come up, I would like to passed because time after time we need the United States to have his Cabinet win, to be on the winning side. That is 60 votes. What we are operating under and his senior staff confirmed, this natural. Everybody would. But what now is a tyranny of the minority. agreement today only addresses one happens here—and the American people The American people go to vote. symptom of a seriously dysfunctional by and large do not fully understand They elect Obama President, and they Senate. The issue that must now be ad- it—we do not vote on issues. What hap- elect a Democratic Senate. People who dressed is how we create a process and pens is the debate ceases because we do campaigned on certain issues—as peo- a set of rules in the Senate that allows not get motions to proceed. So we do ple go forward trying to implement us to respond to the needs of the Amer- not vote on a jobs program, we vote on their campaign promises, they cannot ican people in a timely and effective whether we can proceed to a jobs pro- do it because we cannot get 60 votes. way—something virtually everyone gram to create millions of jobs. We do Once again, at one point in Senate agrees is not happening now. The Sen- not vote on whether we can keep inter- history, from 1917 to 1967, the filibuster ate cannot function with any degree of est rates low for college students who was used very sparingly—only in excep- effectiveness if a supermajority of 60 are borrowing money, we vote on tional circumstances. Since that point, votes is needed to pass virtually any whether we can proceed to have the have Democrats—and I speak as an piece of legislation and if we waste vote. Independent—have Democrats abused huge amounts of time not debating the What we have seen in the last several the system? Have they been obstruc- real issues facing working people but years is an unprecedented level of ob- tionist? There are times when they waiting for motions to proceed hour structionism and filibustering. Be- have been. But since 2008 what has hap- after hour where nobody is even on the tween 1917 and 1967 there was more or pened is the Republicans have taken floor of the Senate. less an agreement in the Senate that a The good news is that I think the Na- filibuster would only be used under ex- obstructionism to an entirely new tion is now focused on the ceptional circumstances. There were level. Virtually every piece of legisla- dysfunctionality of the Senate and the only some 40 or 45 filibusters in a 50- tion now requires 60 votes, and vir- need for us to have rules or a process year period. When Lyndon Johnson was tually every piece of legislation re- that allows us to address the enormous majority leader in the late 1950s, in his quires an enormous amount of time. problems facing our country. When 6-year tenure as majority leader he had What do we do? My colleagues on people ask why is it that Congress now to overcome a filibuster on one occa- both sides of the aisle have made the point that the Senate is not the House. has a favorability rating of less than 10 sion. Since HARRY REID has been ma- And they are right. In the House there percent, the answer is fairly obvious: jority leader in the last 61⁄2 years, he The middle class of this country is dis- has had to overcome 400 filibusters or are 435 Members and majority rules. appearing. Real unemployment is at least requirements for 60 votes. The The majority has a whole lot of power. somewhere around 14 percent. The min- amount of time we are wasting is un- The minority doesn’t have that much imum wage has not kept up with infla- conscionable. power. People have said: We do not tion. Millions of people are working in Furthermore, what the American want the Senate to be like the House, jobs that pay them poverty wages. people do not know is that time after and I agree with that. The Senate Tens of millions of people today lack time we are winning. We have the votes should not be the House. health care, while we have the most ex- to win and have shown that on very im- Senate Members should be guaran- pensive and wasteful health care sys- portant issues. In terms of one major teed the right to offer amendments, tem in the world. The greatest plan- issue, just as an example, right now, not be shut out of the process. Whether etary crisis facing our Nation and the rather tragically, we have a situation you are the minority or the majority, entire world is global warming, and we as a result of the disastrous Citizens you should have the right to offer are not even debating that issue. United Supreme Court decision that amendments. There should be thorough The Senate is a very peculiar institu- corporations and billionaires can spend and lengthy debate. If a Member of the tion. It is peculiar in the sense that hundreds of millions of dollars on elec- Senate wants to stand here on the floor any one Member—one of 100—can come tions. and speak hour after hour to call at- down here on the floor and utter two As bad as that is, what is even worse, tention to some issue he or she believes magical words that bring the Senate to they can hide their contributions—not is important, that Senator has the a complete halt; that is, ‘‘I object.’’ I make them public. Guess what. The right, in my view, to do that. If that will not allow the Senate to go for- Senate by a majority vote said: That is debate goes on for a week, it goes on ward, which means the whole govern- wrong. If you are going to contribute for a week. Senators, whether in the ment shuts down. I object. I object. huge amounts of money into the polit- minority or the majority, have the What we have seen in recent years— ical process, the people have a right to right to call attention and to debate especially since Barack Obama was know who you are. and focus on issues they consider to be

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.012 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5698 CONGRESSIONAL RECORD — SENATE July 16, 2013 important. But at the end of that de- Thereupon, the Senate, at 12:31 p.m., the Consumer Financial Protection Bu- bate there must be finality. There recessed until 2:15 p.m. and reassem- reau. I believe this creates a great deal must be a majority vote—51 votes bled when called to order by the Pre- of confusion and, obviously, a bureau- should win. The concept I support is siding Officer (Ms. BALDWIN). cratic battle for resources. In fact, the what is called the talking filibuster. f inspector general has already had to Minority rights must be protected. create two separate audit plans. He EXECUTIVE SESSION They must have all the time they need also has had to hire employees who can to make their point. But majority oversee both the Federal Reserve and rights must also be protected. If de- NOMINATION OF RICHARD the Consumer Financial Protection Bu- mocracy means anything, what I CORDRAY TO BE DIRECTOR OF reau. The end result is an office split by learned in the third grade was that the THE BUREAU OF CONSUMER FI- two very important but very different majority rules, not the minority. NANCIAL PROTECTION—Continued What is happening in our country is priorities. Dodd-Frank created the not only enormous frustration about The PRESIDING OFFICER. The Sen- Consumer Financial Protection Bureau the very serious economic and environ- ator from California. within the Federal Reserve in order to mental problems we face, there is huge Mrs. BOXER. I suggest the absence of fund the Bureau without having to outrage at the inability of Congress to a quorum. come to us on Capitol Hill to get con- even debate those issues. The PRESIDING OFFICER. The gressional appropriations. This is a For example, I am a very strong be- clerk will call the roll. problem but not a problem I am going liever that the minimum wage in this The legislative clerk proceeded to to deal with right now. We had a mar- country must be significantly raised. It call the roll. riage of convenience, the Consumer Fi- is now about $7.25. I would like it to go The PRESIDING OFFICER. The Sen- nancial Protection Bureau within the up to $10 an hour, and even at $10 an ator from New York. Federal Reserve. hour people working 40 hours a week Mr. SCHUMER. Madam President, I The Bureau’s function is very dif- will still be living in poverty, but we ask unanimous consent that the order ferent from the Federal Reserve. De- have to raise the minimum wage. My for the quorum call be rescinded. spite this, years after Dodd-Frank was The PRESIDING OFFICER. Without strong guess is that if we do not change passed, this unique situation remains. objection, it is so ordered. the rules, despite overwhelming sup- My concern is if you have one inspector port in this country for raising the ORDER OF PROCEDURE general trying to cover two different minimum wage, we will never get an Mr. SCHUMER. I ask unanimous con- entities, the end result is neither gets up-or-down vote here on that issue be- sent that all future time in quorum fully overseen. In other words, we don’t have adequate checks within the bu- cause Republicans will obstruct, de- calls be divided equally between the reaucracy to make sure that laws are mand 60 votes, and filibuster the issue. two sides. If my Republican friends are so con- The PRESIDING OFFICER. Without abided by and that money is spent ac- fident in the points of view they are ad- objection, it is so ordered. cording to law. Since the passage of the Inspector vocating, bring them to the floor and Mr. SCHUMER. Madam President, I General Act of 1978, Congress has be- let’s have an up-or-down vote. Let the note the absence of a quorum. lieved that each Department and each American people know how I feel on The PRESIDING OFFICER. The clerk will call the roll. agency needs its own independent in- the issue, how you feel on the issue, spector general. This has been a long- but let’s not have issues decided be- The legislative clerk proceeded to call the roll. standing bipartisan position. cause we could not get 60 votes for a Currently, there are 73 inspectors motion to proceed. Nobody in America Mr. GRASSLEY. I ask unanimous consent that the order for the quorum general, in every single Cabinet-level understands what that is about. Do you Department and almost all inde- want to vote against the minimum call be rescinded. The PRESIDING OFFICER. Without pendent agencies. Even small inde- wage? Have the guts to come and vote pendent agencies such as the Federal objection, it is so ordered. against the minimum wage. Do you Maritime Commission and the Na- Mr. GRASSLEY. Madam President, want to vote against women’s rights? tional Science Foundation have their during the debate over the budget, Dr. Come on up, have your say, and vote own inspector general. against women’s rights. Do you want COBURN and I offered an amendment to In each of these agencies, if each of to vote against global warming? Vote create a separate and independent in- these agencies has their own inde- against global warming. At least let us spector general within the Consumer pendent inspector general, shouldn’t have the debate the American people Financial Protection Bureau. the Consumer Financial Protection Bu- are demanding. We introduced this amendment be- reau—particularly since this Bureau I will conclude by saying I am glad cause, thanks to a quirk in Dodd- doesn’t have to come to Congress for the President will finally be able to get Frank, the Consumer Financial Protec- appropriations. We don’t get appropria- some key appointees seated. I was a tion Bureau is the only major Federal tions oversight since some of their de- mayor so I know how terribly impor- agency without its own inspector gen- cisions can’t even be challenged in the tant it is for a chief executive to have eral. I think people know I tend to rely courts. their team around them. I am glad he a great deal on inspectors general with- Now we are in this situation. The will get some key appointees. in the bureaucracy to be an inde- majority has opposed commonsense Everyone should understand that pendent check to make sure the laws changes such as this to the Consumer what we are doing today is dealing are followed and that money is spent Financial Protection Bureau. with one very small part of an overall according to the law. During the budget debate when Dr. problem, which is the dysfunctionality Dodd-Frank created the Consumer COBURN and I introduced the amend- of the Senate. I hope—having addressed Financial Protection Bureau, but it did ment to create a Consumer Financial the immediate crisis—we can now go not create a protection bureau-specific Protection Bureau-specific inspector on and address the broader issue, which inspector general. Instead, because general, the majority would not allow is making the Senate responsive to the Dodd-Frank funded the Consumer Fi- it to be brought up for a vote. The posi- needs of the American people. Let’s nancial Protection Bureau through the tion I heard over and over was the ma- have serious debates on serious issues Federal Reserve, this Consumer Finan- jority did not wish to relitigate Dodd- and let’s see where the chips fall. cial Protection Bureau ended up shar- Frank in any way. I did not hear any I yield the floor. ing an inspector general with the Fed- concerns related to the merits of this f eral Reserve. proposal. Our amendment wasn’t about This has created a problem. Right relitigating anything, it was about cre- RECESS now, the Consumer Financial Protec- ating accountability and oversight at The PRESIDING OFFICER. Under tion Bureau’s inspector general has a the Consumer Financial Protection Bu- the previous order, the Senate stands split role. He serves as both inspector reau and doing that through an inde- in recess until 2:15 p.m. general for the Federal Reserve and for pendent inspector general, such as 73

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.014 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5699 other independent agencies have these actions that it is not working the way rather than a reduction in cost, they sorts of checks and balances. it is supposed to. Indeed, the adminis- are finding their premiums are going Because the Consumer Financial Pro- tration has chosen to delay the so- up and will go up even more when tection Bureau is funded directly by called employers mandate, and they ObamaCare is implemented. the Federal Reserve, there are few, if have begun to admit what Americans My point is that whether or not you any, congressional oversight checks on have been saying since at least 2010 voted for ObamaCare, it is important the Bureau. This makes an independent when ObamaCare passed—that it has that we now acknowledge the sad re- inspector general even more important. simply proven to be unworkable. ality that it is not working the way Right now, it seems to me, since we Rather than accept the reality and even its most vigorous proponents don’t discuss Dodd-Frank very often, support full congressional repeal of the wished it would. Indeed, it seems to be we don’t have legislation related to it. law, the administration is instead re- working out in a way most of its crit- We don’t have opportunities to amend. fusing to enforce the law and is choos- ics thought it would. This nomination of Mr. Cordray, now ing to apply it selectively. The law But what is important now is that we before the Senate, is the only tool the clearly states that as of January 2014 work together to give permanent relief Senate has to create transparency and all businesses with 50 or more full-time to this public policy train wreck for in- accountability within the Consumer employees have to provide their work- dividual Americans and for small busi- Financial Protection Bureau. As we ers with health insurance or else pay a nesses. That is actually how we are consider this nomination, I hope we penalty. To be clear, I didn’t support supposed to function under our Con- stitution. Even under uniformly Demo- will remember that and consider the the Affordable Care Act—ObamaCare— cratic control, as the Congress and the Senate’s role in overseeing the Con- but that is what the law says. Our White House were the first 2 years of sumer Financial Protection Bureau, Democratic colleagues, 60 of them in this President’s term, if things don’t what steps we can take to make the the Senate, and the majority in the work out the way even the most ardent then-Democratically controlled House Consumer Financial Protection Bureau proponents of a piece of legislation more transparent and, hence, more ac- passed the law and President Obama wish and hope it will, then our job countable to Congress, and in turn to signed it, and that is what it says. But under the Constitution is to work to- the American people. the President has chosen to take uni- gether to try to provide some relief and I yield the floor, and I suggest the ab- lateral action and to refuse to enforce solutions for the American people. sence of a quorum. the law that he himself signed and that That is true whether you objected to The PRESIDING OFFICER (Mr. congressional Democrats passed with- the law in its first instance or you sim- ANCHIN). The clerk will call the roll. M out a single Republican vote. ply supported it. If it turns out not to The legislative clerk proceeded to Whether you supported it or you work as advertised, it is our job to fix call the roll. didn’t support it, many of us now are it, and we can do so by replacing it Mr. CORNYN. I ask unanimous con- forced to acknowledge and I would with high-quality care that is more af- sent that the order for the quorum call think the administration itself would fordable and is much simpler to use. be rescinded. be forced to acknowledge, that the law Rather than have the Federal Govern- The PRESIDING OFFICER. Without simply is not working as advertised. It ment dictate to you and your doctor objection, it is so ordered. is now obvious that the employer man- what kind of care you are going to get Mr. CORNYN. Mr. President, now date has prompted many businesses to and under what terms, you can, in con- that the so-called nuclear option has reduce the number of hours and trans- sultation with your private doctor, been averted and the Senate can now form full-time jobs into part-time jobs make those decisions in the best inter- turn its attention to other matters of in order to avoid the employer man- est of yourself and your family. substance, rather than internal mat- date. This has contributed to a surge in The bigger problem is that President ters of how the Senate operates, I the number of people working part- Obama is simply deciding which as- think it is important we evaluate how time jobs for economic reasons. Last pects of the law to enforce and which legislation that has passed this body is month alone that number was 8.2 mil- not to enforce, and that is becoming working. I wish to focus specifically on lion people—8.2 million Americans who somewhat of a trend, based on political the Affordable Care Act, which is bet- would like to have full-time work but convenience and expediency. Time and ter known as ObamaCare. simply can’t find it, in large part be- time again he has made clear that if a Amazingly, Senator REID on Sunday, cause of the implementation of law passed by Congress and signed by in one of the talk shows, was quoted as ObamaCare. the President—whether it is him or an- saying: ‘‘ObamaCare has been wonder- As I said, I voted against ObamaCare other President—is unpopular among ful for America.’’ The House minority 3 years ago. I remember being in this his political supporters, he will simply leader, former Speaker PELOSI, has said Chamber on Christmas Eve at 7 a.m. in ignore it and refuse to enforce it. that implementation of the health care 2009 when our Democratic colleagues Shortly after ObamaCare became law has been fabulous. passed ObamaCare without a single law, the administration began issuing This stands in stark contrast to what vote from this side of the aisle. Many waivers from the annual limit require- Senator MAX BAUCUS, chairman of the of us were voicing concerns about the ments, which made it seem as if cer- Senate Finance Committee and one of provisions of ObamaCare, including the tain organizations—oftentimes labor the principal Senate architects of employer mandate, long before it be- unions—would simply be exempted ObamaCare, has said—what he told came law. The problems with the man- from and would receive preferential Secretary Sebelius, the Secretary of date will, of course, still be there in treatment based on their political con- Health and Human Services—that the 2015 notwithstanding the 1-year unilat- nections. Meanwhile, to help imple- implementation of ObamaCare is a eral delay by the administration, and ment ObamaCare, the IRS has an- train wreck in the making. And then they reflect broader problems in the nounced it will violate the letter of the you contrast that with what President Affordable Care Act as a whole. law and issue health insurance sub- Obama himself said about the Afford- I believe the most commonsense sidies through Federal exchanges, espe- able Care Act, about ObamaCare, and thing we can do is simply to repeal it cially in those places where the States he said it is ‘‘working the way it is sup- and to start over and replace it with have declined to issue State-based ex- posed to.’’ Well, not all of those things patient-centered reforms that actually changes, even though the law makes can be true at the same time, and they address the biggest challenges that clear these subsidies can only be used are not. Indeed, in the real world, un- face most families in America. for State exchanges. fortunately, it looks as though The President said: If you like what Let me restate that. The law says ObamaCare is a slow-motion disaster in you have in terms of your health cov- you can only use taxpayer subsidies for the making. erage, you can keep it. Millions of State-based exchanges, but because Notwithstanding the President’s Americans are now finding that not to many States have simply said that this comments that it is working the way it be the case. The President said a fam- makes no sense for them and are refus- is supposed to, the administration ily of four will find their premiums re- ing to create State-based insurance ex- seems to be acknowledging by its own duced, on average, $2,500. Actually, changes, these individuals will now be

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.017 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5700 CONGRESSIONAL RECORD — SENATE July 16, 2013 in the Federal insurance exchange. And need to amend the law. We need to re- American people have any confidence even though the law says taxpayer sub- place this unworkable law with one whatsoever that the President and sidies are not available for those, the that will actually serve the interests of Congress can be trusted to enforce the IRS is papering over that provision of the American people. laws that it passes? the law and simply disregarding it. But we are not seeing that happen. After witnessing the President’s per- Again, we have seen this time and We are seeing the White House decide formance, I think the American people time again. We saw a similar disregard on its own that it simply won’t enforce are deeply skeptical of his promises of for the rule of law during the govern- a law. Last year, for example, the ad- future performance, and his selective ment-run Chrysler bankruptcy when ministration unilaterally announced a enforcement of our existing laws un- the company-secured bondholders re- moratorium on the enforcement of cer- dermines public confidence in the Fed- ceived much less for their loans than tain immigration laws. In effect, when eral Government. the United Auto Workers’ pension Congress failed to pass legislation the I believe the executive overreach I funds. Even though, under the law, President wanted, the President him- have described is corrosive to demo- these bondholders were entitled to the self simply decided not to enforce the cratic government. highest priority in terms of repayment, immigration laws. As that example If a Republican President had ignored these kinds of constitutional checks, they were subjugated to the United shows, this administration has fre- had refused to enforce laws he didn’t Auto Workers’ pension fund basically quently relied on unelected bureau- like, refused to defend in court laws he in an exercise of political strong-arm- crats to override the people’s elected didn’t like, and used Federal agencies ing. representatives. to flout the will of Congress, you can We saw this again in the Solyndra It is simply improper and unconstitu- be sure our friends on the other side of bankruptcy. Remember that? The tional under our system for the Presi- the aisle would be complaining nonstop Obama administration violated the law dent to decide unilaterally that he is about the imperial President. Yet they not going to enforce the law. For exam- by making taxpayers subordinate to have largely given President Obama a ple, when Congress refused to enact the private lenders. In other words, they pass. put the taxpayers on the hook rather so-called card check for labor unions, But whether you agree with the than the private lenders who helped fi- the administration simply turned to President on health care, immigration, nance Solyndra. unelected bureaucrats at the National energy policy, card check or other hot- More recently, the administration— Labor Relations Board. And when Con- button issues, we can all agree—we and this is something that is in the gress refused to extend cap-and-trade should all agree—that government news as recently as today—made un- energy taxes, the administration should not be picking winners and los- constitutional recess appointments to turned to unelected bureaucrats at the ers and that we urgently need to re- the National Labor Relations Board Environmental Protection Agency to store the rule of law and faithful execu- and to the Consumer Financial Protec- attempt to accomplish the same objec- tion of those laws to their rightful tion Bureau. The District of Columbia tives indirectly that had been prohib- place in the highest reaches of the Fed- Court of Appeals held that the adminis- ited by Congress because it couldn’t eral Government. tration’s argument in defense of its so- get a political consensus for doing it I yield the floor and I suggest the ab- called ‘‘recess appointment power’’ directly. Indeed, the President has now sence of a quorum. would ‘‘eviscerate the Constitution’s authorized the Environmental Protec- The PRESIDING OFFICER. The separation of powers.’’ It now appears, tion Agency to regulate virtually every clerk will call the roll. as part of the so-called nuclear option aspect of the American economy with- The assistant legislative clerk pro- negotiations, that even the White out congressional approval and without ceeded to call the roll. House is now being forced to withdraw recourse to the American people. Mr. CARDIN. Mr. President, I ask these nominees who were unconsti- When Congress makes a mistake, unanimous consent that the order for tutionally appointed and offer sub- when we do something the American the quorum call be rescinded. stitute appointees. people don’t approve of, they get to The PRESIDING OFFICER. Without We also know that the Obama admin- vote us out of office if they see fit. objection, it is so ordered. istration unilaterally chose to waive That is not true with this faceless, Mr. CARDIN. Mr. President, I ask unanimous consent to speak as if in key requirements of the 1996 welfare nameless bureaucracy, which is rarely morning business. reform law and the 2002 law known as held accountable, and particularly The PRESIDING OFFICER. Without No Child Left Behind. when the President delegates to that objection, it is so ordered. A government run by waiver or by bureaucracy the authority to regulate MARYLAND’S BUSINESSES the Federal Government picking win- in so many areas and avoid congres- Mr. CARDIN. Mr. President, my good ners and losers is the antithesis of sional accountability and account- friend Congressman STENY HOYER pro- equal justice under the law. Look ability at the White House. motes America by using the phrase Taken together, all these measures across the street at the Supreme Court ‘‘make it in America.’’ The statement of the United States, and above the represent a basic contempt for the rule expresses the pride of our country, the entry it says: ‘‘Equal justice under of law and the normal constitutional ingenuity, the spirit of American work- law.’’ That is the very definition of our checks and balances under separated ers, and the fact that we can compete form of government, which is designed powers. After witnessing the Presi- against any country in the world on a 1 for a congress comprised of duly-elect- dent’s record over the past 4 ⁄2 years, is level playing field. We can make it in ed representatives of the American it any wonder why the American peo- America. people and the President of the United ple and, indeed, Members of Congress I rise today to share with my fellow States to write legislation that applies were skeptical about his promises to Senators news of my recent visit to to everybody and not to issue waivers enforce our immigration laws under Maryland businesses that are contrib- or exemptions or to simply refuse to the immigration bill that passed the uting to our local and national econ- enforce the law because it has proven Senate recently? omy through manufacturing innova- to be inconvenient or not politically Remember all of the extravagant tion. As part of what I call my ‘‘made expedient. promises that were made for border se- in Maryland’’ tour, I visited Volvo The U.S. Constitution obligates the curity, for interior enforcement, for Group North America’s manufacturing President to make sure all of our laws the implementation of a worksite veri- facility in Hagerstown, MD, and the are faithfully executed. Yet, with fication system, for a biometric entry- Flying Dog Brewery in Frederick, MD. President Obama, the pattern is unmis- exit system to deter 40 percent of the A few weeks ago I toured the Paul takable: inconvenient or unpopular illegal immigration that comes when Reed Smith guitar factory on the East- legal requirements are repeatedly people enter the country illegally and ern Shore. My ‘‘made in Maryland’’ swept aside by Executive fiat. simply overstay their visas? If after 17 tour has highlighted many of the lead- If the law is not working the way it years the Federal Government still ing job creators and key small busi- is supposed to, the President should isn’t enforcing those laws already on nesses that have helped revive Mary- come back to Congress and say: We the books, how in the world can the land’s manufacturing sector. The goal

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.019 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5701 was to meet employees and business invested in assuring this socially re- investing in our economy here at owners, take stock of their challenges sponsible company’s future success. home, have what they need to be suc- and successes, and identify ways the Later in the day I traveled to Fred- cessful. Our job in Washington should Federal Government can help them erick, MD, and visited the Flying Dog be to make their job easier, because grow and innovate. Brewery. They make a very different when they do better, we all do better. We have highlighted the diverse prod- product than the most energy-efficient With that, I yield the floor and sug- ucts being produced in our great State, transmissions in the world that are as- gest the absence of a quorum. and we celebrate the hard-working sembled at Volvo, but I recognize the The PRESIDING OFFICER. The Marylanders who have made these same qualities in both of these unique clerk will call the roll. products and the companies that are companies and their employees: hard The bill clerk proceeded to call the providing jobs in our local commu- work, attention to detail, and a real roll. nities. pride and passion for the product being Mr. BARRASSO. Mr. President, I ask For example, the Paul Reed Smith made. These are qualities that can unanimous consent that the order for guitar factory in Stevensonville, MD, never be outsourced. the quorum call be rescinded. makes high-end guitars used by some Small breweries such as Flying Dog The PRESIDING OFFICER. Without of the most prominent musicians in the have been anchors of local and Amer- objection, it is so ordered. world—including Carlos Santana. Paul ican economies since the start of our HEALTH CARE REFORM Reed Smith has operated for nearly 30 history. Mr. BARRASSO. Mr. President, there years and now employs nearly 230 This is a state-of-the-art facility that has been some confusion about the workers with revenues of $24 million. constantly works to perfect its product President’s health care law recently, so They are the largest private employer through innovative techniques. In addi- I come to the floor to try to clear up in Queen Anne’s County, MD, and one tion to making a product whose high one point. of the top five employers on the upper quality I can attest to, they are sup- Just before the Fourth of July holi- shore. porting 80 jobs and reinvesting profits day, the Obama administration admit- As a region and country, we must back into the western Maryland com- ted to the world that its health care stay focused on creating good jobs at munity. law is not working out according to home and strengthen and continue to When I grew up, brewing in Maryland plan. It did it in an unusual way—in a build our economy. Manufacturing is was a huge industry. We lost most of blog post—right before the Fourth of good for Maryland, and it is good for it, but it is coming back. Today, the July holiday, but yet it is known to the America. brewing industry in Maryland is sup- world. By choosing to delay the law’s Let me tell you about my visit to porting more than $13 million in wages employer mandate, the President con- Volvo Group, which employs 1,500 peo- paid and contributing nearly $100 mil- ceded it would place a tremendous bur- ple in Hagerstown, MD—accounting for lion to our State’s economy. den on America’s job creators. 1 out of every 10 jobs in the region’s My ‘‘Made in Maryland’’ tour was Then, just this past Sunday, the Sen- manufacturing sector. Employees at conceived to highlight manufacturing ate majority leader went on ‘‘Meet the this facility are paid approximately 62 and innovation that is boosting our Press,’’ on television, and said: percent above the average wage in the economy across our State. But I can ‘‘ObamaCare has been wonderful for region. These are good jobs that people tell my colleagues that agriculture, America.’’ Wonderful for America? are proud to hold. which is still our No. 1 industry, is Senator REID’s comments demonstrate Volvo has set the standard for envi- being revived along the way too. Dur- once again that Democrats in Wash- ronmentally aware manufacturing. ing my tour of the Flying Dog Brew- ington—the people who voted for this Through its partnership with the U.S. ery, I met a farmer and his son who are law—are not listening to the American Department of Energy, Volvo has de- fifth- and sixth-generation Frederick people. veloped the next generation of fuel-effi- County family farmers celebrating the I hear it when I return home to Wyo- cient engines and trucks. Since 2001, 175th year of their family farm. They ming every weekend. I did this past Volvo has invested $330 million to up- told me their decision to begin growing weekend. I hear it as Members of the grade and renovate their facilities, al- barley, small grains, and hops for local Senate do when they talk to friends lowing Volvo to build a state-of-the-art breweries is what kept their farm from home. I heard it today from peo- engine development laboratory to going. They supply small grains and ple from Gillette and Evanston and produce increasingly fuel-efficient en- hops to Flying Dog and numerous Cody that this health care law is un- gines. Maryland brewing companies for many raveling. So I just want to make a cou- This Volvo facility has shown out- of their seasonal, locally sourced ple of things clear to everyone. standing success. Sixty of Volvo’s brews. Their farm, Amber Fields Malt- After 31⁄2 years, we know the Obama trucks a day have the same emission as ing and Brewing Company, in conjunc- health care law is not working. It is a one truck in 1990. That is an amazing tion with Brewer’s Alley Restaurant train wreck. If the law was wonderful, reduction of pollutants going into the and Brewery in Frederick, MD, intro- it wouldn’t increase premiums. It air. In addition, the facility recycles 84 duced Amber Fields Best Bitter, which wouldn’t shrink paychecks. It wouldn’t percent of the site’s waste, and it has they describe as an English-style best discourage job creation. If the law was achieved an 83-percent decrease in the bitter. This was the first commercially wonderful, we wouldn’t put the feared use of diesel fuels. brewed beer in over 100 years to rely IRS as the enforcer of the health care Furthermore, Volvo remains invested exclusively on barley grown and malt- law. If the law was wonderful, the ad- in western Maryland by making gen- ed in Maryland. Amber Fields Best Bit- ministration wouldn’t have delayed erous contributions to local health and ter and additional releases also fea- one of its most critical parts. It is clear welfare organizations, civic and com- turing locally grown ingredients are to me that even President Obama does munity organizations, art and cultural available through Brewer’s Alley and not share Senator REID’s opinion that organizations, and education initia- their sister brewery, Monocacy Brew- the health care law is wonderful. tives across the region. This commit- ing Company, both in Frederick, MD. This law is not wonderful for Amer- ment to the well-being of Volvo em- America’s manufacturing sector— ica. It is obviously terrible for Amer- ployees is demonstrated by the August from autos and truck manufacturing to ica’s job creators. It is also terrible for 2013 opening of an onsite Family First beer makers and guitars—have played many people trying to make a living in Pharmacy which will provide employ- a major role in growing our economy this country. ees and their families innovative state- and our Nation to be the world’s lead- There was an article on the front of-the-art health care to be provided by er. It has also helped create the strong- page of the New York Times recently— doctors, nurses, and pharmacists in co- est middle class in history. To continue Wednesday, July 10—with the headline: operation with Walgreens. in our recovery, we need to make sure ‘‘At Restaurant, Delay Is Help on As the Volvo facility is highly in- companies such as Volvo Group, Flying Health Law.’’ The delay is a help. vested in the local community and its Dog Brewery, and Paul Reed Smith This article—front page, above the numerous employees, we must remain Guitars, which are creating jobs and fold of the New York Times—looked at

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.022 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5702 CONGRESSIONAL RECORD — SENATE July 16, 2013 a small Maryland restaurant called the Americans think of or define part-time REID to listen to the victims of Shanty Grille. What is going on at that work. ObamaCare. restaurant makes the case better than Third, the law still requires all of the President Obama was right to recog- any actuarial study, any sort of charts employees, as with nearly everyone nize his health care law is not working or any economic model ever could be- else in America, that they have to buy out. Senator REID was totally wrong cause it is a story about real people pricey health insurance starting Janu- because ObamaCare is not wonderful and their lives. The article talked ary 1. That is a problem for the Presi- for America. It is turning into a costly about how the law was hurting every- dent and he knows it. failure. The only appropriate course at one from the owner of the restaurant Here is how an article in Politico put this point is to permanently delay im- to the uninsured waiter, to the chef it this past weekend. This article is en- plementing the rest of the law and to who has insurance. All of them were titled ‘‘ObamaCare’s Missing Man- replace it with reform that works. hurt by this health care law. Because date.’’ It says: I thank the Chair. I yield the floor for each of these people and for mil- The massive coast-to-coast campaign to and suggest the absence of a quorum. lions of others similar to them across get people to sign up for ObamaCare is light The PRESIDING OFFICER. The the country, the reality of health care on mentions of one central element: The clerk will call the roll. reform is that it has fallen far short of widely disliked individual mandate. The bill clerk proceeded to call the the President’s many promises. The Politico article goes on to say: roll. According to this article in the New Poll after poll has found that Americans Mr. CRAPO. I ask unanimous consent York Times, the restaurant’s owner is don’t like being told they have to get insur- that the order for the quorum call be on a pace to finally this year turn a ance or face a penalty. So the groups doing rescinded. profit. It will be the first profit since outreach don’t plan to draw much attention The PRESIDING OFFICER. Without the economic downturn a number of to it. objection, it is so ordered. years ago. Four years after the reces- The employer mandate has collapsed. Mr. CRAPO. Mr. President, earlier sion ended, he is finally set to recover The individual mandate is unpopular, today the Senate held a first of a series and get back into the black. If he has so they just don’t want to talk about of cloture votes on controversial nomi- to provide expensive Washington-ap- it. nations by voting to invoke cloture on proved, Washington-mandated health A lot of the people who do have to the nominee to be the Director of the insurance for every employee, though, buy this new Washington-mandated, Consumer Financial Protection Bu- that profit will quickly evaporate. So Washington-approved insurance will reau. This agency is unlike any other that would certainly harm this em- have to buy it through the government Federal agency. Under its current ployer. exchanges. Of course, these may not be structure, the CFPB has very broad What about the employees? Let’s ready on time. There are 77 days left discretion but very little in terms of talk about the people this is designed for these to be ready. Even if they are executive or congressional oversight. to help. It turns out the younger work- up and running by the deadline, we It is not a debate about whether Re- ers at the restaurant actually aren’t have seen ample evidence that pre- publicans in the Senate support con- too interested in having this health in- miums will be much higher than they sumer protection, as some would por- surance coverage. They say they would were before the mandate. That is espe- tray it. Both sides agree everyone ben- rather have more money in their pay- cially true for young healthy adults efits from a mortgage industry and checks so they could decide how they who the President expects to pay more marketplace free of fraud and other de- want to spend it, not how the President in order to help older sicker people pay ceptive, exploitive practices. thinks they should spend it. So they less. But a lot of younger healthier Republicans did not object to con- stand to lose out once the law’s indi- people are going to have to pay more sumer protection when it was placed in vidual mandate starts in January be- for that one older sicker person. each of the prudential banking regu- cause they are going to have to go out These weren’t the kinds of reforms lators. In fact, bills aimed specifically and buy insurance which may be much Democrats promised when they were at consumer protection passed with an more than they want or need or can af- forcing this plan through Congress on overwhelming majority in the Senate. ford. strictly party-line votes. During the The Fair and Accurate Credit Trans- The employees at the restaurant who debate, Republicans made suggestions actions Act of 2003 passed 95 to 2, and already have health insurance are wor- to improve the health care law, but we the Credit CARD Act of 2009 passed 90 ried too. They are concerned they will were shut out of the backrooms where to 5. not be able to keep their current cov- the Democrats struck their deals. During the Dodd-Frank debate, the erage. When the President stopped his In the end Democrats drafted their key point of contention was not the disastrous employer mandate, I believe law so badly that the negative side ef- value of consumer protection but, rath- he actually made the right decision, fects and unintended consequences er, the Bureau’s design. but I have some doubts about his rea- were inevitable. The New York Times One of the lessons of the financial soning. I think this was purely for po- article shows how some of these side ef- crisis is that we need a supervisory litical reasons. fects are hurting millions of Ameri- program that looks and considers how Regardless of how and why the Presi- cans—not just those working at the safety, soundness, and consumer pro- dent made the decision, a 1-year delay restaurant, including the restaurant tection work together to create a bet- in this one policy doesn’t solve the owner, in Maryland. ter functioning financial system. What problem; it only extends the problem. We all know President Obama likes Republicans have been asking for is First, this restaurant and other to hold photo ops with people who he that the Bureau be restructured in the small businesses can’t afford and can’t says are helped by the law. It is time same way as other similarly situated expand or hire more staff because they for him to meet with people such as the financial regulators, with account- still face the mandate in 2015. Actually, ones featured on the front page of the ability and transparency to Congress the final line in this article on the New York Times—people who are being and to the taxpayers. front page of the New York Times, hurt by his health care law. It is time As outlined in two letters to the when we carry over and read the end of for the President to sit down with both President sent by Republican Senators it, says: We are not going to expand. Democrats and Republicans to truly in May 2011 and this past February, the ‘‘No more expansion.’’ talk about how we can reform health changes highlighted are not new. In Second, many businesses are cutting care in this country. Delaying the em- fact, they exist in the current Federal back workers to part-time status be- ployer mandate for 1 year is not regulatory landscape. One of the key cause of the health care law. President enough. It doesn’t eliminate the bur- changes we seek is the establishment Obama has had nothing to say to those dens of this costly law. of a board of directors to oversee the Americans looking for full-time work The House is scheduled to vote this Consumer Financial Protection Bureau but trapped in a part-time job, and week to delay the individual mandate. with staggered terms. part-time is defined by the health care The Senate should do the same. It is This is the structure of the Securi- law, which is different than most time for the President and for Senator ties and Exchange Commission, the

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.026 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5703 Commodity Futures Trading Commis- IRS, Associated Press, and NSA scan- Most, if not all, of the data will be con- sion, the Consumer Product Safety dals what happens when government fidential supervisory information, and some Commission, the Federal Trade Com- agencies cross the line and watch our of the data will contain sensitive Personal mission, the Federal Deposit Insurance citizens instead of watching out for Identifiable Information (PII). Corporation, and the Federal Reserve. them. There is a trust deficit in gov- Questions still remain about what A board of directors would allow for ernment today. type of personal information is col- the consideration of multiple view- During the last several months, I lected by the CFPB and what is col- points in decisionmaking and would re- have raised significant concerns with lected by the agency’s contractors. But duce the potential for politicization of the CFPB’s data collection efforts. I without the structural changes to the regulations. have been told that the Bureau needs agency that we are asking for, it is Indeed, the administration originally big data to level the playing field. hard to get answers to the question. supported a board of directors for the However, the Bureau’s efforts go far be- At the hearing in the House last week, a CFPB official was unable to Bureau. In 2009, the Obama administra- yond simply leveling the playing field. state how many agency employees tion proposed a stand-alone Consumer Unfortunately, for an agency that have access to this enormous amount Financial Protection Agency with a prides itself on transparency, I have of credit data. He was also unaware of board of directors funded through the encountered very little concrete an- any law which is used when employees congressional appropriations process. swers to very basic questions. access the data. The Bureau also should be subject to For example, I have asked the Bu- I also question whether the Bureau reau on three occasions to give me in- the congressional appropriations proc- has put in proper policies and proce- formation on the number of Americans’ ess, rather than, as the Dodd-Frank dures to prevent the data from being legislation did, to fund it through the credit accounts that the CFPB is cur- reengineered and reverse engineered. I Federal Reserve with no review by Con- rently monitoring. In response, the consider these to be very serious pri- gress. CFPB said the information was con- vacy concerns by the very agency that While Mr. Cordray stated that he fidential and could not be supplied. was created to watch out for con- Information coming from last week’s would come and testify before the Ap- sumers, not to watch consumers. propriations Committee, this is quite hearing in the House Financial Serv- Banks constantly worry about cyber different than Congress being able to ices Committee indicates that the attacks. Recent news reports have run oversee how the monies that the agen- CFPB is undertaking unprecedented stories about the Federal Reserve and cy utilizes are spent. For example, the data collection on possibly hundreds of the IRS being susceptible to cyber at- CFPB intends to spend close to $100 millions of Americans’ accounts, pos- tacks. million to renovate its current head- sibly as many as 900 million credit card What assurances do we have from the quarters. This amount is double the accounts in the United States. The size CFPB that these massive troves of con- amount that the Government Services of this data collection and the amount sumer credit information are safe? Administration has for property acqui- of money being spent by the agency are Data safety is particularly of concern, sition and renovation in any 1 year. a cause of concern and should be for given that both the GAO and the Finally, consumer protection cannot those Americans whose financial and CFPB’s inspector general have found and must not be detached from pruden- credit data is being sent to the Bureau weaknesses in the CFPB data security tial regulation. Although the Bureau each and every single month. programs and policies. must consult with other prudential The CFPB is collecting credit card Because I was unable to get sufficient regulators before finalizing its rule- account data, bank account data, answers out of the CFPB, I turned to making, the Bureau can simply dis- mortgage data, and student loan data. the Government Accountability Office regard their advice. In addition, the Bureau has hired third and requested that it look into the By establishing a solid safety and parties to act as its agent to collect, agency’s data collection and security soundness check for prudential regula- aggregate, and produce consumer cred- efforts. That review is now underway. tion, the link and coordination be- it data on behalf of the agency. Some With regard to the regulatory role of tween prudential supervision and pro- contracts even contain instructions to the agency, in the past 2 years the Bu- tection would be strengthened by al- follow specific consumer accounts over reau has issued numerous new lowing potential regulators to provide time. rulemakings, resulting in significant meaningful input into the CFPB’s ac- This ultimately allows the CFPB to cumulative burdens for affected insti- tions and proposals. Such collaboration monitor, on a monthly basis, an indi- tutions, especially small and commu- will only strengthen our financial sys- vidual consumer’s financial activity. nity banks that often only have a tem, not weaken consumer protection. Some of the data collected and pro- handful of employees. Remember, there Without it, the CFPB and prudential vided to the CFPB monthly includes is no board directing this agency. regulators may issue rules that result account balances, ZIP Code+4 location There is no board to whom the Director in confusion for the regulated entities, data, the year of birth, and other de- of the agency responds. One single indi- as has already been the case with con- mographic information. Thus, the vidual has been given the authority in flicting guidance for private student CFPB can know how much you owe, this statute, without oversight by Con- loans, and the many questions raised how much money you have, how much gress of his or her budget, to single- by the qualified mortgage final rule. you pay each month, and where you handedly issue rules and regulations. The Dodd-Frank solution was to have live within a few blocks. In the span of 10 days this past Janu- the Financial Stability Oversight The Bureau has stated publicly on ary, the CFPB issued more than 3,500 Council review certain CFPB actions, several occasions that it does not col- pages of final rules affecting mortgage but it set the threshold at two-thirds of lect personally identifiable informa- markets and other industries. This rep- the FSOC members. This very high tion other than the voluntary person- resents more than 1 million total words threshold before the FSOC can act ren- ally identifiable information con- of regulatory text. When I asked at an ders its veto virtually meaningless. sumers submit to the Consumer Com- April hearing about the overwhelming Since the beginning of this year, I plaint Database and in supervisory number of regulations the Bureau have encountered a number of items exams. However, two documents draft- issued in 1 single month, I was told with the CFPB that are a cause of con- ed by the CFPB seem to raise doubts that there were ‘‘less than 100 pages of cern and warrant greater scrutiny, but about this Federal agency’s actions. rules’’ when translated into the Fed- it is the Federal agency’s data collec- Pursuant to the Privacy Act of 1974, eral Register. tion initiative that is the most dis- the CFPB’s System of Records Notice Well, 100 pages of rules is a lot, but turbing to me. Recently, we learned of November 2012 for the consumer and this ignores the more than 2,500 pages from press accounts—not from the market research database states that of guidance, analysis, and interpreta- agency but from press accounts—that some of the collected data ‘‘will be per- tions—which are all admissible in the CFPB was spending tens of millions sonally identifiable information.’’ In court—and all of which are required of dollars to collect Americans’ credit addition, a CFPB contract with a third reading for anyone who has to comply data. We have learned from the recent party data aggregator states: with this complex web of rules.

VerDate Mar 15 2010 00:08 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.028 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5704 CONGRESSIONAL RECORD — SENATE July 16, 2013 In order to understand and comply We found in our review of the CFPB NLRB will once again have a full team with these regulations, institutions are that the agency does have serious prob- to protect the rights of workers—the forced to hire lawyers and compliance lems in a number of different areas. workers in West Virginia, workers in officers, tying up resources that could The lack of prompt and complete re- Nevada, and all over the country—the be better spent on growing business, sponses from the agency regarding its same thing they have done for 80 years. creating jobs, and boosting the econ- big data collection of Americans’ cred- Mr. President, I ask unanimous con- omy. Again, recall that the connection it accounts is very troubling but is in- sent that the cloture motions with re- between safety and soundness regula- dicative of the lack of transparency es- spect to Calendar Nos. 100, 101, and 104 tions was severed with the creation of tablished when this agency was cre- be withdrawn; that the vote on the con- this agency. ated. firmation of the Cordray nomination Instead, these additional compliance The expenditure of nearly $100 mil- occur at 5 p.m. today; that if the nomi- costs are inevitably passed on to the lion for building renovations is ex- nation is confirmed, the motion to re- consumers, which is especially harmful tremely troubling in these tight eco- consider be considered made and laid during a time of high unemployment nomic times. upon the table, with no intervening ac- and sluggish economic growth. If we While the confirmation of the nomi- tion or debate; that no further motions were convinced that the agency was at nee is now all but certain, there re- be in order; that any related state- least protecting consumers rather than mains significant work and oversight ments be printed in the RECORD; and collecting data on all individual Amer- to ensure the CFPB is an accountable President Obama be immediately noti- icans who have credit cards, student agency and that it is transparent in its fied of the Senate’s action; finally, that loans, mortgages, or bank accounts, actions for all Americans to see. the vote on the motion to invoke clo- then perhaps we could at least engage I yield the floor. ture on the Hochberg nomination occur in a discussion or a debate about The PRESIDING OFFICER. The ma- at 10 a.m. tomorrow, Wednesday, July whether the agency’s actions are ap- jority leader. 17. propriate and effective. Mr. REID. Mr. President, did my The PRESIDING OFFICER. Is there I am concerned that without the friend from Idaho suggest the absence objection? strong cost-benefit analysis and input of a quorum? Without objection, it is so ordered. from the small business panels in The PRESIDING OFFICER. No, he Mr. REID. Mr. President, I suggest crafting rules, even well-intentioned did not. the absence of a quorum. rules could make consumer credit more Mr. REID. Mr. President, I will talk The PRESIDING OFFICER. The expensive and less affordable. for a minute about the National Labor clerk will call the roll. Another concern I have with the Relations Board nominees. The legislative clerk proceeded to CFPB is the enactment of policy The NLRB has helped to protect the call the roll. changes outside of the established no- rights and safety of workers for about Mr. CARDIN. Mr. President, I ask tice-and-comment rulemaking process. 80 years. It is a vitally important unanimous consent that the order for In March, the CFPB posted a legal watchdog for working Americans. It is the quorum call be rescinded. bulletin on its blog instructing auto also important for employers. It also The PRESIDING OFFICER. Without lenders to adjust compensation prac- protects employers. But unless we act objection, it is so ordered. tices to avoid violating fair lending before the Senate recess in August, the The question is, Will the Senate ad- laws. The bulletin includes significant NLRB will lose its ability to operate. It vise and consent to the nomination of legal interpretations and suggests that will fail to have a quorum so it can’t Richard Cordray, of Ohio, to be Direc- the Bureau may utilize its enforcement work or be effective. So the confirma- tor, Bureau of Consumer Financial powers to ensure that lenders adhere to tion of full membership at the NLRB is Protection? its guidance. a priority. Mr. CARDIN. I ask for the yeas and The only example the CFPB uses in I understand Republican Senators nays. this bulletin on how auto lenders can were frustrated by President Obama’s The PRESIDING OFFICER. Is there a effectively comply with fair lending recess appointment of two members to sufficient second? laws is flat pricing, as is interpreted by the NLRB. I accept that. No one has There appears to be a sufficient sec- many, that any other type of pricing raised any questions, however, about ond. will be a clear violation in the CFPB’s these two good people—Griffin and The clerk will call the roll. eyes. If the CFPB intends to make Block. They are fine public servants The assistant legislative clerk called major policy changes, then it needs to and the record should be spread with the roll. go through a regular notice-and-com- that fact. Republicans have insisted on The result was announced—yeas 66, ment rulemaking, not a blog post. the President’s nominating new people, nays 34, as follows: This bulletin also, frankly, rep- and he has done that. It is a right they [Rollcall Vote No. 174 Ex.] resents a backdoor attempt by the have, and this is a compromise that CFPB to regulate auto dealers, a group was reached. YEAS—66 that is explicitly exempted from the Republican Senators have also com- Baldwin Graham Murkowski Baucus Hagan Murphy CFPB’s regulatory purview by the mitted that the Senate will confirm Begich Harkin Murray Dodd-Frank legislation that created these new nominees quickly, certainly Bennet Hatch Nelson the agency, in what appears to be yet before the end of this month—the Blumenthal Heinrich Portman month of July. To that end, I met ear- Boxer Heitkamp Pryor another example of CFPB’s overreach. Brown Hirono Reed In conclusion, I will continue to work lier with Senators HARKIN and LAMAR Cantwell Isakson Reid toward oversight of the agency to en- ALEXANDER, the chairman and ranking Cardin Johnson (SD) Rockefeller sure accountability and transparency member of that big HELP Committee, Carper Kaine Sanders Casey King Schatz for the American people. Those who are and they have given me their word Chambliss Klobuchar Schumer trying to paint our demands as being they are going to file a notice tonight Coburn Landrieu Shaheen extraordinary need to look at the ex- that the committee will hold a hearing Collins Leahy Stabenow traordinary data collection and actions on these nominees on Tuesday, they Coons Levin Tester Corker Manchin Udall (CO) of this agency and look at our regu- will then have a markup on Wednes- Donnelly Markey Udall (NM) latory landscape with similarly situ- day, and we intend to turn to these Durbin McCain Warner ated financial regulators. nominees next Thursday. Feinstein McCaskill Warren Flake Menendez Whitehouse Those who are trying to portray I have talked with the people at the Franken Merkley Wicker these demands as another attempt to White House, and I am confident these Gillibrand Mikulski Wyden water down consumer protection need nominees will be staunch advocates for NAYS—34 to realize that consumer protection di- the NLRB—for the rights and safety of Alexander Boozman Cochran vested from safety and soundness does workers, and for employers that are Ayotte Burr Cornyn not make for a better financial system also protected with this legislation. So Barrasso Chiesa Crapo or for greater benefit to consumers. when the Senate confirms them, the Blunt Coats Cruz

VerDate Mar 15 2010 02:10 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.029 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5705 Enzi Kirk Scott strengthening the safety net. The bill consumer groups alike for the rules it Fischer Lee Sessions provides adequate revenue and nutri- has come up with. It has already recov- Grassley McConnell Shelby Heller Moran Thune tion for literally millions of people— ered millions of dollars for consumers Hoeven Paul Toomey children, seniors, people on disability, from credit card companies, credit re- Inhofe Risch Vitter and people who work in low-income pair companies, and others. That is Johanns Roberts Johnson (WI) Rubio jobs—and that is also important in this why consumers won a victory today agriculture bill. and should be happy that the 2-year- The nomination was confirmed. f long process that has prevented Rich- The PRESIDING OFFICER (Ms. WAR- ard Cordray from being considered has REN). Under the previous order, the mo- CORDRAY CONFIRMATION finally come to an end and we can now tions to reconsider are considered made Mr. BROWN. Madam President, in move forward. and laid upon the table, and the Presi- the years leading up to the financial I thank the Presiding Officer. dent will be immediately notified of crisis, the biggest banks and lenders f the Senate’s action. created new ways to make record prof- The majority leader is recognized. its off of consumers. They made preda- TRIBUTE TO EDWARD EARL f tory loans to working-class families, GIDCUMB Mr. MCCONNELL. Madam President, LEGISLATIVE SESSION created prepaid cards with exploitative fees, and gave out student loans to I rise to pay tribute to a distinguished first-generation college students with Kentuckian who is looked up to and ad- MORNING BUSINESS interest rates sometimes as high as 20 mired by many in the Commonwealth percent. for his character and his service to our Mr. REID. Madam President, I ask Today millions of consumers are still country: Mr. Edward Earl Gidcumb. unanimous consent the Senate resume trying to recover from these unscrupu- Mr. Gidcumb, or ‘‘Earl’’ to his friends, legislative session and proceed to a pe- lous practices while companies keep celebrates his 88th birthday this July riod of morning business with Senators looking for new ways to increase their 31. He served America during World allowed to speak for up to 10 minutes profits at the expense of these con- War II as a storekeeper, second class, each. sumers. Congress created the Consumer in the U.S. Navy, and survived some The PRESIDING OFFICER. Without Financial Protection Bureau to protect harrowing experiences. objection, it is so ordered. Americans from consumer fraud and Earl’s story is commemorated in a The Senator from Ohio. abusive fees and products. book titled ‘‘WWII DC: The Long Over- f I thank the Presiding Officer for her due Journey,’’ which details the experi- ORDER OF PROCEDURE role in this before she came to the Sen- ences of World War II veterans from ate. Kentucky and describes a trip made by Mr. BROWN. Madam President, I ask More than 700 days since its creation, these Kentucky veterans to the Na- unanimous consent that Senator STA- American citizens are now just getting tion’s capital in 2004 to visit the Na- BENOW be recognized for up to 3 min- to vote for a consumer watchdog to tional World War II Memorial. Earl utes and that I be recognized for up to head the organization. Because of the still is an active participant in the 5 minutes. CFPB, consumers can now decipher Kentucky veterans community as one The PRESIDING OFFICER. Without credit card applications and have help of the few buglers left in western Ken- objection, it is so ordered. correcting erroneous credit reports. tucky; he plays taps at military funer- f Because of these successes, con- als and civic events. Earl also contrib- uted to the establishment of the Ken- THE FARM BILL firming Richard Cordray as the Direc- tor was right. We know where he tucky Veterans and Patriots Museum Ms. STABENOW. Madam President, I stands. We know for whom he stands— in Wickliffe, Kentucky. appreciate my friend from Ohio yield- as a strong advocate for consumers, Earl was a high-school student when ing for a moment. I wanted to make a families, and small businesses. the Japanese bombed Pearl Harbor on short statement as it relates to moving No one doubted Richard Cordray’s December 7, 1941. He graduated from forward on the farm bill and congratu- qualifications or temperament for the high school on May 23 of 1943; on May late the House for sending their version job. This is the first time in American 25, he was sworn into Naval service in of the farm bill to us this morning. history when one party refused to con- Marion, IL. Tomorrow it will be our intent—Sen- firm a nominee because they didn’t Earl underwent training in Chicago ator COCHRAN and I—to go through the like the agency. A terrible precedent and then served aboard several vessels, motions that it takes to be able to send was being set. Thankfully a number of the first of which, the U.S. Navy ship our farm bill back and ask for a con- our colleagues understood—as we dis- LST 218, was bound for Pearl Harbor. ference committee. I wanted to let all cussed last night—it was important to Earl recalls, ‘‘water supply was very the Members know that. If there is a move past that. short and we took salt-water baths concern, I would appreciate that Mem- Richard Cordray served as Ohio’s using a special soap for bathing in salt bers approach me or Senator COCHRAN first State solicitor. He represented the water. We slept in bunks stacked six directly because this is an opportunity U.S. Government before the Supreme high and down below the main deck for us to move forward and actually Court. He has been elected the attor- . . . I started out in the Atlantic Ocean put together this bill. The farm bill af- ney general and State treasurer of and ended up on the Pacific Ocean.’’ fects 16 million people in this country Ohio. He has received bipartisan acco- Earl spent time in Pearl Harbor be- who work in agriculture, as well as ev- lades and support from Ohio’s business fore being posted to the USS Indianap- eryone who counts on the great work of and consumer groups. olis CA 35, a heavy cruiser. He received our farmers in order to have the Let me share a bit of a letter written five battle stars while serving on the healthiest, most affordable food system by a Republican Member of Congress Indianapolis for 10 months. A few in the world. from my home State, Representative months after being transferred off that Tomorrow it is our intent to move STEVE STIVERS. ship, the Indianapolis was sunk by a forward on the farm bill, so if there are Rich has always proven himself hard- Japanese submarine. any questions or concerns from Mem- working, collaborative, and pragmatic. ‘‘I would not be here today if I had bers, we are happy to work with them. If you take the time [. . .] to evaluate remained aboard the Indy,’’ Earl says. The PRESIDING OFFICER. The Sen- Rich’s character and disposition, you will ‘‘The second torpedo of the two that ator from Ohio. find him to be an individual who listens to sunk it hit the part of the ship where I Mr. BROWN. Madam President, I your opinion and seeks mutually acceptable slept each night. There [were] 1,196 thank the chairwoman of the agri- solutions. aboard, 800 went down with the ship, culture committee for her work. This Representative STIVERS is right. [and] 317 survived after several days in is legislation that saves taxpayers lit- Under Cordray’s leadership, the Bureau the water. Some died from their erally tens of billions of dollars while has earned praise from industry and wounds, some were eaten by sharks,

VerDate Mar 15 2010 02:10 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\A16JY6.007 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5706 CONGRESSIONAL RECORD — SENATE July 16, 2013 and the balance drowned. It was the This epidemic ruins the lives of all In addition to recreational uses such Navy’s worst naval disaster.’’ segments of our population, and the as boating, fishing, and swimming, Earl was transferred to Oregon, problem is only getting worse, espe- lakes provide a variety of environ- where he was joined by his wife, Jean cially for women. Men are still more mental and health benefits. They ab- Moore. Earl and Jean were high-school likely to die of prescription painkiller sorb rainfall and runoff from land, help sweethearts and got married when Earl overdoses—over 10,000 deaths in 2010— prevent floods, provide drinking water, went home on 30 days’ leave. After 45 but women are tragically catching up. regulate the climate, and provide years of marriage, sadly, Jean passed A Centers for Disease Control and Pre- homes for precious wildlife. The Envi- away in 1989. vention survey earlier this month ronmental Protection Agency’s Na- Earl was reassigned again, this time found a 400 percent increase in women tional Lake Assessment, conducted in to the USS Bottineau APA 235, a troop dying from prescription painkiller 2007 and again in 2012, revealed that carrier. The ship went to Japan not overdoses between 1999 and 2010, com- many of our lakes are imperiled due to long after the dropping of atomic pared to 265 percent among men. Dur- poor nearshore habitat, too many nu- bombs on Hiroshima and Nagasaki. ing that time, nearly 48,000 women died trients, invasive plants and animals, They received occupation troops from of prescription painkiller overdoses. In and other threats. By protecting the Honshu, Japan. Earl earned another 2010, prescription drugs were involved health of our lakes, we defend the vi- battle star for an encounter with a in 85 percent of the drug-specified tality of the animals and plants that Japanese suicide plane in Okinawa deaths among women. And for every depend on them and ensure that we can Bay. After 2 years, 8 months, and 9 woman who dies of a prescription pain- enjoy them for years to come. days of faithful service, Earl was dis- killer overdose, 30 go to the emergency This year, Maryland has joined 23 charged in 1946. room with related complications. other States in celebrating National Looking back nearly 70 years later, I applaud the unyielding work of the Lake Appreciation Month and in af- Earl recalls the lessons he’s learned. ‘‘I law enforcement and health provider firming the importance of lakes for our was only 17 when I entered service,’’ he communities in working to address drinking water, energy production, says. ‘‘I had no idea what I was facing this epidemic, but it is clear that we food production, and recreational . . . I had no reason to be scared.’’ need to do more. My bill would create value. Maryland boasts 60 large lakes ‘‘I saw men put in LCVP vessels and a 2-year, 30-member commission led by over 5 acres in size, and over 100 lakes sent to do battle on the beach to take the Federal Drug Enforcement Agency in total. We use these lakes for fishing, the island back from the Japanese. I and Food and Drug Administration boating, and other outdoor recreation, saw some of the same men brought tasked with issuing recommendations back in body bags. I saw 450 Japanese on how best to reduce prescription drug as well as for energy. For example, planes shot down in the Battle of the abuse. Deep Creek Lake, our largest inland Philippine Sea, all in one day. I saw a Other members of the commission in- lake in Maryland, consists of 65 miles Japanese Zero so close I could see the clude representatives from law enforce- of shoreline, 18 species of fish, and a orange Japanese flag on the side of the ment, patient groups, pharmacies, dis- wide variety of other animal and plant plane. I saw body parts of Japanese sol- pensers, and community-based organi- species, some of which are endangered. diers scattered everywhere when I went zations, just to name a few. Impor- The lake also powers the Deep Creek over the Island of Tarawa. We lost 8,000 tantly, both local and Federal stake- Hydroelectric Power Plant, which pro- Marines of our own. This was my first holders must be included, from both vides energy not only to Maryland, but battle.’’ law enforcement and health care. The also to communities in Pennsylvania Madam President, I am grateful he- commission would be required to hold and New Jersey. So far we have been roes like Mr. Edward Earl Gidcumb are at least two public hearings to receive able to keep this and other Maryland still able to transmit their wisdom and input on best practices. The end prod- lakes healthy. In a recent test, it was share their stories with the rest of us. uct would be a report requiring specific found that Deep Creek Lake’s water The life story of Mr. Gidcumb is cer- recommendations, and again, local clarity was still at a level similar to tainly inspiring. I know my colleagues input is mandatory. that of 1957. As factors such as pollut- in the U.S. Senate join me in thanking The time has come to revive the con- ants and runoff increasingly threaten him for his valiant service to our coun- versation on this critical issue within the health of our lakes, it is important try. It is thanks to him and his fellow and among our law enforcement and that we continue to work to fight soldiers that America was able to tri- health care communities and across against them. umph in World War II and advance the Federal/local divide. I am proud I am pleased to celebrate National freedom and democracy. that support for this bill is broad, rang- Lake Appreciation Month, to encour- f ing from the National Association of age people both to enjoy America’s Drug Diversion Investigators and the beautiful lakes, and to do their part to COMBATING PRESCRIPTION DRUG Peace Officers Research Association of keep them clean and healthy. Lakes ABUSE ACT California, to the American Academy are a very important part of our eco- Mrs. BOXER. Madam President, last of Pain Management and the National system in Maryland. We must continue week I introduced The Combating Pre- Association of Chain Drug Stores. I to increase our efforts to care for our scription Drug Abuse Act, a bill to cre- urge my colleagues to support the lakes and show our appreciation for all ate a commission to recommend best Combating Prescription Drug Abuse that they provide us. practices for preventing and reducing Act. f prescription drug abuse. I believe this f bill is a necessary step in addressing ADDITIONAL STATEMENTS our Nation’s fastest-growing drug prob- NATIONAL LAKE APPRECIATION lem, which has been classified as an MONTH TRIBUTE TO STEVE SCHORR epidemic by the Centers for Disease Mr. CARDIN. Madam President, July Control and Prevention. is National Lake Appreciation Month. ∑ Mr. HELLER. Madam President, An estimated 52 million people—20 This nationwide initiative is sponsored today I wish to recognize Steve Schorr, percent of those aged 12 and older— by the North American Lake Manage- vice president of public and govern- have used prescription drugs for non- ment Society, a non-profit organiza- ment affairs for Cox Communications medical reasons at least once in their tion focused on making partnerships in my home State of Nevada. After lifetimes. Nearly one-third of people between citizens, scientists, and profes- more than two-and-a-half decades of aged 12 and over who used illicit drugs sionals to protect our Nation’s lakes dedicated service to his company as for the first time in 2009 began by abus- and reservoirs. National Lake Appre- well as to the community, Steve is re- ing a prescription drug. In 2008, the ciation Month began in 2012 as a way to tiring this year. Steve not only leaves number of opioid pain reliever deaths encourage us to explore and enjoy a lasting legacy as a leader in broad- throughout our population was four America’s many beautiful lakes, as casting and in business, but he also en- times higher than cocaine and heroin well as increase efforts to clean and ters retirement having made a pro- deaths combined. protect them. found impact as a civic volunteer and

VerDate Mar 15 2010 01:01 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.023 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5707 philanthropist. His many contributions Mrs. Cole, one of its reading clerks, an- titled ‘‘Fisheries of the Caribbean, Gulf of to Southern Nevada’s development and nounced that the House has passed the Mexico, and South Atlantic; 2013 Commer- quality of life are truly remarkable following bills, in which it requests the cial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack’’ and will be felt by Nevadans all across concurrence of the Senate: (RIN0648–XC702) received in the Office of the the State for years to come. H.R. 2609. An act making appropriations President of the Senate on July 8, 2013; to Prior to his tenure at Cox Commu- for energy and water development and re- the Committee on Commerce, Science, and nications, Steve established a strong lated agencies for the fiscal year ending Sep- Transportation. reputation as a journalist, earning tember 30, 2014, and for other purposes. EC–2258. A communication from the Acting multiple Emmy Awards, two National H.R. 2642. An act to provide for the reform Deputy Director, Office of Sustainable Fish- Freedom Foundation Awards and an and continuation of agricultural and other eries, Department of Commerce, transmit- programs of the Department of Agriculture ting, pursuant to law, the report of a rule en- Armstrong Award for Broadcasting. He through fiscal year 2018, and for other pur- titled ‘‘Fisheries of the Exclusive Economic was also inducted into the inaugural poses. Zone Off Alaska; Northern Rockfish in the class of the Nevada Broadcasters Asso- ENROLLED BILL SIGNED Bering Sea and Aleutian Islands Manage- ciation’s Hall of Fame. During his time ment Area’’ (RIN0648–XC722) received in the At 5:15 p.m., a message from the as vice president of public and govern- Office of the President of the Senate on July House of Representatives, delivered by ment affairs for Cox Communications, 8, 2013; to the Committee on Commerce, Mrs. Cole, one of its reading clerks, an- Steve has been a tireless advocate for Science, and Transportation. nounced that the Speaker has signed EC–2259. A communication from the Acting community development and economic the following enrolled bill: Deputy Director, Office of Sustainable Fish- growth. As a business executive, he has eries, Department of Commerce, transmit- H.R. 2289. An act to rename section 219(c) contributed to the expansion of his ting, pursuant to law, the report of a rule en- of the Internal Revenue Code of 1986 as the titled ‘‘Fisheries of the Exclusive Economic company, working closely with local, Kay Bailey Hutchison Spousal IRA. State and Federal Governments on Zone Off Alaska; Atka Mackerel in the Ber- issues that were critical to Nevada’s The enrolled bill was subsequently ing Sea and Aleutian Islands Management private sector. signed by the President pro tempore Area’’ (RIN0648–XC724) received in the Office (Mr. LEAHY). of the President of the Senate on July 8, 2013; In addition to his commitment to ex- to the Committee on Commerce, Science, cellence in broadcasting and in busi- f and Transportation. ness, Steve has consistently exempli- EC–2260. A communication from the Acting MEASURES PLACED ON THE fied the very highest standards of com- Deputy Director, Office of Sustainable Fish- CALENDAR munity service. He has devoted his eries, Department of Commerce, transmit- time to improving education in Ne- The following bill was read the sec- ting, pursuant to law, the report of a rule en- ond time, and placed on the calendar: titled ‘‘Snapper-Grouper Fishery of the vada, as an adjunct professor at the South Atlantic; 2013 Recreational Account- University of Nevada, Las Vegas S. 1292. A bill to prohibit the funding of the ability Measure and Closure for South Atlan- Greenspun School of Communications. Patient Protection and Affordable Care Act. tic Golden Tilefish’’ (RIN0648–XC671) re- Steve Schorr Elementary School in Las The following bills were read the first ceived in the Office of the President of the Vegas is named in his honor. In addi- and second times by unanimous con- Senate on July 8, 2013; to the Committee on tion, he has been honored with the U.S. sent, and placed on the calendar: Commerce, Science, and Transportation. Department of Justice J. Pat Finley EC–2261. A communication from the Direc- H.R. 2609. An act making appropriations tor, Office of Sustainable Fisheries, Depart- Lifetime Achievement Award for his for energy and water development and re- ment of Commerce, transmitting, pursuant work on behalf of missing children in lated agencies for the fiscal year ending Sep- to law, the report of a rule entitled ‘‘Amend- Southern Nevada. He also devotes his tember 30, 2014, and for other purposes. ment 4 to the Corals and Reef Associated time as a member of numerous civic H.R. 2642. An act to provide for the reform Plants and Invertebrates Fishery Manage- boards and organizations, and has re- and continuation of agricultural and other ment Plan of Puerto Rico and the U.S. Vir- programs of the Department of Agriculture gin Islands; Seagrass Management’’ ceived the Governor’s ‘‘Point of Light’’ through fiscal year 2018, and for other pur- Award for his exceptional vol- (RIN0648–BC38) received in the Office of the poses. President of the Senate on July 8, 2013; to unteerism. f the Committee on Commerce, Science, and I want to acknowledge and thank Transportation. Steve for his many years of dedicated EXECUTIVE AND OTHER EC–2262. A communication from the Direc- service to Nevada as an educator, jour- COMMUNICATIONS tor, Office of Sustainable Fisheries, Depart- nalist, business executive and philan- ment of Commerce, transmitting, pursuant The following communications were thropist. I ask my colleagues to join to law, the report of a rule entitled ‘‘Amend- laid before the Senate, together with me in congratulating Steve on his re- ment 94 to the Gulf of Alaska Fishery Man- accompanying papers, reports, and doc- agement Plan and Regulatory Amendments tirement, and in wishing him many uments, and were referred as indicated: for Community Quota Entities’’ (RIN0648– successful and fulfilling years to BB94) received in the Office of the President EC–2255. A communication from the Acting come.∑ of the Senate on July 8, 2013; to the Com- Deputy Director, Office of Sustainable Fish- mittee on Commerce, Science, and Transpor- f eries, Department of Commerce, transmit- tation. MESSAGES FROM THE PRESIDENT ting, pursuant to law, the report of a rule en- EC–2263. A communication from the Acting titled ‘‘Snapper-Grouper Fishery of the Messages from the President of the Deputy Director, Office of Sustainable Fish- South Atlantic; 2013 Commercial Account- eries, Department of Commerce, transmit- United States were communicated to ability Measure and Closure for the South ting, pursuant to law, the report of a rule en- the Senate by Mr. Thomas, one of his Atlantic Lesser Amberjack, Almaco Jack, titled ‘‘Fisheries of the Caribbean, Gulf of secretaries. and Banded Rudderfish Complex’’ (RIN0648– Mexico, and South Atlantic; Reef Fish Fish- XC714) received in the Office of the President f ery of the Gulf of Mexico; Adjusted Closure of the Senate on July 8, 2013; to the Com- of the 2013 Gulf of Mexico Recreational Sec- EXECUTIVE MESSAGES REFERRED mittee on Commerce, Science, and Transpor- tor for Red Snapper’’ (RIN0648–XC715) re- As in executive session the Presiding tation. ceived during adjournment of the Senate in EC–2256. A communication from the Acting the Office of the President of the Senate on Officer laid before the Senate messages Deputy Director, Office of Sustainable Fish- from the President of the United July 2, 2013; to the Committee on Commerce, eries, Department of Commerce, transmit- Science, and Transportation. States submitting sundry nominations ting, pursuant to law, the report of a rule en- EC–2264. A communication from the Direc- and two withdrawals which were re- titled ‘‘Fisheries Off West Coast States; tor, Office of Sustainable Fisheries, Depart- ferred to the appropriate committees. Modifications of the West Coast Commercial ment of Commerce, transmitting, pursuant (The messages received today are Salmon Fisheries; Inseason Actions Nos. 4 to law, the report of a rule entitled ‘‘Fish- printed at the end of the Senate and 5’’ (RIN0648–XC705) received in the Office eries of the Caribbean, Gulf of Mexico, and proceedings.) of the President of the Senate on July 8, 2013; South Atlantic; Shrimp Fishery Off the to the Committee on Commerce, Science, Southern Atlantic States; Amendment 9’’ f and Transportation. (RIN0648–BC58) received during adjournment MESSAGES FROM THE HOUSE EC–2257. A communication from the Acting of the Senate in the Office of the President Deputy Director, Office of Sustainable Fish- of the Senate on July 2, 2013; to the Com- At 10:04 a.m., a message from the eries, Department of Commerce, transmit- mittee on Commerce, Science, and Transpor- House of Representatives, delivered by ting, pursuant to law, the report of a rule en- tation.

VerDate Mar 15 2010 02:10 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.024 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5708 CONGRESSIONAL RECORD — SENATE July 16, 2013 EC–2265. A communication from the Direc- report of a rule entitled ‘‘Guidance Regard- cooperative and small employer charity pen- tor, Office of Sustainable Fisheries, Depart- ing Deferred Discharge of Indebtedness In- sion plans; to the Committee on Health, Edu- ment of Commerce, transmitting, pursuant come of Corporations and Deferred Original cation, Labor, and Pensions. to law, the report of a rule entitled ‘‘Revi- Issue Discount Deductions’’ ((RIN1545–BI96) By Mr. BLUMENTHAL (for himself, sions to Framework Adjustment 50 to the (TD 9622)) received in the Office of the Presi- Mr. SCHUMER, and Mr. MURPHY): Northeast Multispecies Fishery Management dent of the Senate on July 9, 2013; to the S. 1303. A bill to amend certain appropria- Plan and Sector Annual Catch Entitlements; Committee on Finance. tions Acts to repeal the requirement direct- Updated Annual Catch Limits for Sectors EC–2273. A communication from the Chief ing the Administrator of General Services to and the Common Pool for Fishing Year 2013’’ of the Publications and Regulations Branch, sell Federal property and assets that support (RIN0648–BC97) received during adjournment Internal Revenue Service, Department of the the operations of the Plum Island Animal of the Senate in the Office of the President Treasury, transmitting, pursuant to law, the Disease Center in Plum Island, New York, of the Senate on July 2, 2013; to the Com- report of a rule entitled ‘‘Application of Sec- and for other purposes; to the Committee on mittee on Commerce, Science, and Transpor- tion 108(i) to Partnerships and S Corpora- Environment and Public Works. tation. tions’’ ((RIN1545–BI99) (TD 9623)) received in By Mr. BEGICH: S. 1304. A bill to promote strategic EC–2266. A communication from the Direc- the Office of the President of the Senate on sourcing principles within the Federal Gov- tor, Office of Sustainable Fisheries, Depart- July 9, 2013; to the Committee on Finance. ernment; to the Committee on Homeland Se- ment of Commerce, transmitting, pursuant EC–2274. A communication from the Acting curity and Governmental Affairs. to law, the report of a rule entitled ‘‘Magnu- Assistant Secretary, Legislative Affairs, De- By Mr. UDALL of Colorado (for himself son-Stevens Act Provisions, Fisheries of the partment of State, transmitting, pursuant to Northeastern United States; Northeast (NE) and Mr. BENNET): law, the semiannual report on the continued S. 1305. A bill to provide for the convey- Multispecies Fishery; Framework Adjust- compliance of Azerbaijan, Kazakhstan, ance of the Forest Service Lake Hill Admin- ment 48; Final Rule; Correction’’ (RIN0648– Moldova, the Russian Federation, istrative Site in Summit County, Colorado; BC27) received during adjournment of the Tajikistan, and Uzbekistan with the 1974 to the Committee on Energy and Natural Re- Senate in the Office of the President of the Trade Act’s freedom of emigration provi- sources. Senate on July 2, 2013; to the Committee on sions, as required under the Jackson-Vanik By Mr. REED (for himself, Mr. KIRK, Commerce, Science, and Transportation. Amendment; to the Committee on Finance. Mrs. MURRAY, Mr. UDALL of New EC–2267. A communication from the Dep- EC–2275. A communication from the Con- Mexico, Mr. WHITEHOUSE, and Mr. uty Assistant Administrator for Regulatory gressional Review Coordinator, Animal and DURBIN): Programs, Office of Sustainable Fisheries, Plant Health Inspection Service, Department S. 1306. A bill to amend the Elementary Department of Commerce, transmitting, pur- of Agriculture, transmitting, pursuant to and Secondary Education Act of 1965 in order suant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Lacey Act to improve environmental literacy to better ‘‘Fisheries of the Exclusive Economic Zone Implementation Plan; Definitions for Ex- prepare students for postsecondary edu- Off Alaska; Bering Sea and Aleutian Islands empt and Regulated Articles’’ ((RIN0579– cation and careers, and for other purposes; to Crab Rationalization Program’’ (RIN0648– AD11) (Docket No. APHIS–2009–0018)) re- the Committee on Health, Education, Labor, BC25) received during adjournment of the ceived in the Office of the President of the and Pensions. Senate in the Office of the President of the Senate on July 9, 2013; to the Committee on By Ms. LANDRIEU (for herself and Mr. Senate on July 2, 2013; to the Committee on Agriculture, Nutrition, and Forestry. INHOFE): Commerce, Science, and Transportation. S. 1307. A bill to provide for evidence-based f EC–2268. A communication from the Dep- and promising practices related to juvenile uty Assistant Administrator for Regulatory INTRODUCTION OF BILLS AND delinquency and criminal street gang activ- Programs, Office of Sustainable Fisheries, JOINT RESOLUTIONS ity prevention and intervention to help build Department of Commerce, transmitting, pur- individual, family, and community strength suant to law, the report of a rule entitled The following bills and joint resolu- and resiliency to ensure that youth lead pro- ‘‘Fisheries Off West Coast States; Coastal tions were introduced, read the first ductive, safe, healthy, gang-free, and law- Pelagic Species Fisheries; Annual Specifica- and second times by unanimous con- abiding lives; to the Committee on the Judi- tions’’ (RIN0648–XC392) received during ad- sent, and referred as indicated: ciary. journment of the Senate in the Office of the By Mr. COONS: President of the Senate on July 2, 2013; to By Mr. KIRK: S. 1308. A bill to amend the National En- the Committee on Commerce, Science, and S. 1297. A bill to establish the Government ergy Conservation Policy Act to encourage Transportation. Transformation Commission to review and the increased use of performance contracting EC–2269. A communication from the Acting make recommendations regarding cost con- in Federal facilities; to the Committee on Chief of the Trade and Commercial Regula- trol in the Federal Government, and for Energy and Natural Resources. tions Branch, Customs and Border Protec- other purposes; to the Committee on Home- By Mr. WYDEN (by request): tion, Department of Homeland Security, land Security and Governmental Affairs. S. 1309. A bill to withdraw and reserve cer- transmitting, pursuant to law, the report of By Mr. BEGICH: tain public land under the jurisdiction of the a rule entitled ‘‘Inadmissibility of Consumer S. 1298. A bill to amend the Internal Rev- Secretary of the Interior for military uses, Products and Industrial Equipment Non- enue Code of 1986 to adjust the limits on ex- and for other purposes; to the Committee on compliant with Applicable Energy Conserva- pensing of certain depreciable business as- Energy and Natural Resources. tion or Labeling Standards’’ (RIN1515–AD82) sets; to the Committee on Finance. By Mr. PORTMAN (for himself, Ms. received during adjournment of the Senate By Ms. BALDWIN (for herself and Mr. COLLINS, Mr. CRAPO, Mr. JOHANNS, in the Office of the President of the Senate JOHNSON of Wisconsin): Mr. HELLER, Mr. VITTER, Ms. AYOTTE, on July 2, 2013; to the Committee on Fi- S. 1299. A bill to amend title 23, United Mr. BLUNT, Mrs. FISCHER, Mr. ENZI, nance. States Code, with respect to the operation of and Mr. CORKER): EC–2270. A communication from the Chief vehicles on certain Wisconsin highways, and S. 1310. A bill to require Senate confirma- of the Publications and Regulations Branch, for other purposes; to the Committee on En- tion of Inspector General of the Bureau of Internal Revenue Service, Department of the vironment and Public Works. Consumer Financial Protection, and for Treasury, transmitting, pursuant to law, the By Mr. FLAKE (for himself, Mr. other purposes; to the Committee on Bank- report of a rule entitled ‘‘Transition Relief MCCAIN, Mr. CRAPO, Mr. RISCH, and ing, Housing, and Urban Affairs. for Employees and Related Individuals Eligi- Mr. HELLER): f S. 1300. A bill to amend the Healthy For- ble to Enroll in Eligible Employer-Sponsored SUBMISSION OF CONCURRENT AND Health Plans for Non-Calendar Plan Years ests Restoration Act of 2003 to provide for that Begin in 2013 and End in 2014’’ (Notice the conduct of stewardship end result con- SENATE RESOLUTIONS 2013–42) received in the Office of the Presi- tracting projects; to the Committee on En- The following concurrent resolutions dent of the Senate on July 9, 2013; to the ergy and Natural Resources. and Senate resolutions were read, and Committee on Finance. By Mr. WYDEN (for himself and Mr. referred (or acted upon), as indicated: EC–2271. A communication from the Chief MERKLEY): of the Publications and Regulations Branch, S. 1301. A bill to provide for the restoration By Mr. REID: S. Res. 196. A resolution to constitute the Internal Revenue Service, Department of the of forest landscapes, protection of old growth majority party’s membership on certain Treasury, transmitting, pursuant to law, the forests, and management of national forests committees for the One Hundred Thirteenth in the eastside forests of the State of Oregon; report of a rule entitled ‘‘Application of Congress, or until their successors are cho- to the Committee on Energy and Natural Re- Wash Sale Rules to Money Market Fund sen; considered and agreed to. Shares’’ (Notice 2013–48) received in the Of- sources. fice of the President of the Senate on July 9, By Mr. HARKIN (for himself, Mr. ROB- f 2013; to the Committee on Finance. ERTS, Mrs. MURRAY, Ms. MURKOWSKI, ADDITIONAL COSPONSORS EC–2272. A communication from the Chief and Mr. FRANKEN): of the Publications and Regulations Branch, S. 1302. A bill to amend the Employee Re- S. 109 Internal Revenue Service, Department of the tirement Income Security Act of 1974 and the At the request of Mr. VITTER, the Treasury, transmitting, pursuant to law, the Internal Revenue Code of 1986 to provide for name of the Senator from Arizona (Mr.

VerDate Mar 15 2010 01:01 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\A16JY6.011 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5709 FLAKE) was added as a cosponsor of S. MURKOWSKI) was added as a cosponsor sas (Mr. PRYOR) were added as cospon- 109, a bill to preserve open competition of S. 629, a bill to amend title 38, sors of S. 1078, a bill to direct the Sec- and Federal Government neutrality to- United States Code, to recognize the retary of Defense to provide certain wards the labor relations of Federal service in the reserve components of TRICARE beneficiaries with the oppor- Government contractors on Federal the Armed Forces of certain persons by tunity to retain access to TRICARE and federally funded construction honoring them with status as veterans Prime. projects. under law, and for other purposes. S. 1114 S. 234 S. 669 At the request of Mr. BROWN, the At the request of Mr. REID, the name At the request of Mr. PRYOR, the name of the Senator from Wisconsin of the Senator from Alaska (Ms. MUR- name of the Senator from North Caro- (Ms. BALDWIN) was added as a cospon- KOWSKI) was added as a cosponsor of S. lina (Mrs. HAGAN) was added as a co- sor of S. 1114, a bill to provide for iden- 234, a bill to amend title 10, United sponsor of S. 669, a bill to make perma- tification of misaligned currency, re- States Code, to permit certain retired nent the Internal Revenue Service Free quire action to correct the misalign- members of the uniformed services who File program. ment, and for other purposes. have a service-connected disability to S. 734 receive both disability compensation S. 1130 At the request of Mr. NELSON, the from the Department of Veterans Af- At the request of Mr. MERKLEY, the name of the Senator from Alaska (Ms. fairs for their disability and either re- name of the Senator from Illinois (Mr. MURKOWSKI) was added as a cosponsor tired pay by reason of their years of DURBIN) was added as a cosponsor of S. military service or Combat-Related of S. 734, a bill to amend title 10, 1130, a bill to require the Attorney Special Compensation, and for other United States Code, to repeal the re- General to disclose each decision, purposes. quirement for reduction of survivor an- order, or opinion of a Foreign Intel- nuities under the Survivor Benefit S. 240 ligence Surveillance Court that in- Plan by veterans’ dependency and in- At the request of Mr. TESTER, the cludes significant legal interpretation demnity compensation. name of the Senator from Alaska (Ms. of section 501 or 702 of the Foreign In- MURKOWSKI) was added as a cosponsor S. 825 telligence Surveillance Act of 1978 un- of S. 240, a bill to amend title 10, At the request of Mr. SANDERS, the less such disclosure is not in the na- United States Code, to modify the per- name of the Senator from Connecticut tional security interest of the United fiscal year calculation of days of cer- (Mr. BLUMENTHAL) was added as a co- States and for other purposes. sponsor of S. 825, a bill to amend title tain active duty or active service used S. 1171 to reduce the minimum age at which a 38, United States Code, to improve the provision of services for homeless vet- At the request of Mr. MORAN, the member of a reserve component of the name of the Senator from Maine (Ms. uniformed services may retire for non- erans, and for other purposes. COLLINS) was added as a cosponsor of S. regular service. S. 967 1171, a bill to amend the Controlled S. 326 At the request of Mrs. GILLIBRAND, Substances Act to allow a veterinarian At the request of Mrs. BOXER, the the names of the Senator from New to transport and dispense controlled name of the Senator from New Mexico Mexico (Mr. UDALL) and the Senator substances in the usual course of vet- (Mr. UDALL) was added as a cosponsor from Massachusetts (Mr. MARKEY) were erinary practice outside of the reg- of S. 326, a bill to reauthorize 21st cen- added as cosponsors of S. 967, a bill to istered location. tury community learning centers, and amend title 10, United States Code, to for other purposes. modify various authorities relating to S. 1182 S. 346 procedures for courts-martial under At the request of Mr. UDALL of Colo- At the request of Mr. TESTER, the the Uniform Code of Military Justice, rado, the name of the Senator from Il- name of the Senator from Minnesota and for other purposes. linois (Mr. DURBIN) was added as a co- sponsor of S. 1182, a bill to modify the (Ms. KLOBUCHAR) was added as a co- S. 1039 Foreign Intelligence Surveillance Act sponsor of S. 346, a bill to amend title At the request of Mr. MERKLEY, the of 1978 to require specific evidence for 10, United States Code, to permit vet- names of the Senator from Montana access to business records and other erans who have a service-connected, (Mr. BAUCUS) and the Senator from Ha- tangible things, and provide appro- permanent disability rated as total to waii (Mr. SCHATZ) were added as co- priate transition procedures, and for travel on military aircraft in the same sponsors of S. 1039, a bill to amend title other purposes. manner and to the same extent as re- 38, United States Code, to expand the tired members of the Armed Forces en- Marine Gunnery Sergeant John David S. 1188 titled to such travel. Fry scholarship to include spouses of At the request of Ms. COLLINS, the S. 501 members of the Armed Forces who die name of the Senator from Kansas (Mr. At the request of Mr. SCHUMER, the in the line of duty, and for other pur- ROBERTS) was added as a cosponsor of name of the Senator from Connecticut poses. S. 1188, a bill to amend the Internal (Mr. MURPHY) was added as a cosponsor S. 1068 Revenue Code of 1986 to modify the def- of S. 501, a bill to amend the Internal At the request of Mr. BEGICH, the inition of full-time employee for pur- Revenue Code of 1986 to extend and in- name of the Senator from Mississippi poses of the individual mandate in the crease the exclusion for benefits pro- (Mr. COCHRAN) was added as a cospon- Patient Protection and Affordable Care vided to volunteer firefighters and Act. emergency medical responders. sor of S. 1068, a bill to reauthorize and amend the National Oceanic and At- S. 1204 S. 569 mospheric Administration Commis- At the request of Mr. COBURN, the At the request of Mr. BROWN, the sioned Officer Corps Act of 2002, and for names of the Senator from Connecticut name of the Senator from Kansas (Mr. other purposes. ROBERTS) was added as a cosponsor of (Mr. BLUMENTHAL) and the Senator S. 1204, a bill to amend the Patient from New Hampshire (Mrs. SHAHEEN) S. 1073 were added as cosponsors of S. 569, a At the request of Ms. KLOBUCHAR, the Protection and Affordable Care Act to bill to amend title XVIII of the Social name of the Senator from Illinois (Mr. protect rights of conscience with re- Security Act to count a period of re- DURBIN) was added as a cosponsor of S. gard to requirements for coverage of ceipt of outpatient observation serv- 1073, a bill to amend the Energy Inde- specific items and services, to amend ices in a hospital toward satisfying the pendence and Security Act of 2007 to the Public Health Service Act to pro- 3-day inpatient hospital requirement improve the coordination of refinery hibit certain abortion-related discrimi- for coverage of skilled nursing facility outages, and for other purposes. nation in governmental activities, and services under Medicare. S. 1078 for other purposes. S. 629 At the request of Ms. KLOBUCHAR, the S. 1241 At the request of Mr. PRYOR, the names of the Senator from Hawaii (Mr. At the request of Mr. MANCHIN, the name of the Senator from Alaska (Ms. SCHATZ) and the Senator from Arkan- names of the Senator from Nevada (Mr.

VerDate Mar 15 2010 01:01 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\A16JY6.014 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5710 CONGRESSIONAL RECORD — SENATE July 16, 2013 HELLER) and the Senator from Wyo- not only extend the authority for Fed- ‘‘(b) PROJECTS.—Until September 30, 2023, ming (Mr. ENZI) were added as cospon- eral agencies to enter into these agree- the Chief and the Director, via agreement or sors of S. 1241, a bill to establish the in- ments, but it builds on past experi- contract as appropriate, may enter into terest rate for certain Federal student ences to make commonsense improve- stewardship contracting projects with pri- vate persons or other public or private enti- loans, and for other purposes. ments. ties to perform services to achieve land man- S. 1242 For example, it would give the Forest agement goals for the national forests and At the request of Mr. BROWN, the Service and BLM flexibility when es- the public lands that meet local and rural name of the Senator from Minnesota tablishing cancellation ceilings. A can- community needs. (Mr. FRANKEN) was added as a cospon- cellation ceiling represents the amount ‘‘(c) LAND MANAGEMENT GOALS.—The land sor of S. 1242, a bill to amend the Fair of money the government would have management goals of a project under sub- Housing Act, and for other purposes. to pay its contracting partner if the section (b) may include— contract were cancelled. Typically, the ‘‘(1) road and trail maintenance or obliter- S. 1292 government has to obligate the full ation to restore or maintain water quality; At the request of Mr. CRUZ, the ‘‘(2) soil productivity, habitat for wildlife amount at the inception of the con- names of the Senator from Iowa (Mr. and fisheries, or other resource values; tract. As noted in a 2008 GAO report, GRASSLEY), the Senator from South ‘‘(3) setting of prescribed fires to improve cancellation ceilings that require agen- Carolina (Mr. SCOTT), the Senator from the composition, structure, condition, and cies to obligate large sums can serve as health of stands or to improve wildlife habi- Kansas (Mr. ROBERTS), the Senator an impediment to long-term landscape- tat; from Georgia (Mr. CHAMBLISS) and the scale contracts, precisely the types of ‘‘(4) removing vegetation or other activi- Senator from South Carolina (Mr. GRA- agreements that most significantly re- ties to promote healthy forest stands, reduce HAM) were added as cosponsors of S. duce wildfire risks. fire hazards, or achieve other land manage- 1292, a bill to prohibit the funding of Using Defense Department acquisi- ment objectives; ‘‘(5) watershed restoration and mainte- the Patient Protection and Affordable tion regulations as a model, our bill Care Act. nance; solves this problem by allowing Fed- ‘‘(6) restoration and maintenance of wild- S. CON. RES. 13 eral agencies to obligate funds in life and fish; or At the request of Mr. CASEY, the stages that are economically or pro- ‘‘(7) control of noxious and exotic weeds name of the Senator from Montana grammatically viable. It would also re- and reestablishing native plant species. (Mr. TESTER) was added as a cosponsor quire those agencies to notify the ‘‘(d) AGREEMENTS OR CONTRACTS.— of S. Con. Res. 13, a concurrent resolu- House and Senate natural resource ‘‘(1) PROCUREMENT PROCEDURE.—A source tion commending the Boys & Girls committees, as well as the Office of for performance of an agreement or contract Clubs of America for its role in improv- Management and Budget, if the agen- under subsection (b) shall be selected on a best-value basis, including consideration of ing outcomes for millions of young cies propose contracts that do not fully people and thousands of communities. source under other public and private agree- cover the cancellation ceiling amount. ments or contracts. f Any extra value from a contract would ‘‘(2) CONTRACT FOR SALE OF PROPERTY.—A STATEMENTS ON INTRODUCED be dedicated to first satisfying out- contract entered into under this section BILLS AND JOINT RESOLUTIONS standing cancellation-related liabil- may, at the discretion of the Secretary of ities before being used to fund other Agriculture, be considered a contract for the By Mr. FLAKE (for himself, Mr. stewardship projects. Finally, our bill sale of property under such terms as the Sec- MCCAIN, Mr. CRAPO, Mr. RISCH, incorporates key fire-liability provi- retary may prescribe without regard to any other provision of law. and Mr. HELLER): sions from timber sale contracts into ‘‘(3) TERM.— S. 1300. A bill to amend the Healthy the stewardship model, establishing Forests Restoration Act of 2003 to pro- ‘‘(A) IN GENERAL.—Except as provided in parity between the two instruments. subparagraph (B), the Chief and the Director vide for the conduct of stewardship end Stewardship contracting and the re- may enter into a contract under subsection result contracting projects; to the sulting partnerships have helped re- (b) in accordance with section 3903 of title 41, Committee on Energy and Natural Re- store forests, reduce the risk of out-of- United States Code. sources. control wildfires, and protect rural ‘‘(B) MAXIMUM.—The period of the contract Mr. FLAKE. Mr. President, on behalf communities. I thank Senators under subsection (b) may exceed 5 years but may not exceed 10 years. of Senators MCCAIN, CRAPO, RISCH, MCCAIN, CRAPO, RISCH, and HELLER for ‘‘(4) OFFSETS.— HELLER, and myself I am pleased to in- their support and leadership. It is my troduce the Stewardship Contracting ‘‘(A) IN GENERAL.—The Chief and the Direc- hope that our colleagues will act tor may apply the value of timber or other Reauthorization and Improvement Act. quickly to extend and improve this im- forest products removed as an offset against As we continue to search for ways to portant land-management tool. the cost of services received under the agree- prevent future wildland fire tragedies, Mr. President, I ask unanimous con- ment or contract described in subsection (b). it is worth noting that the U.S. Forest sent that the text of the bill be printed ‘‘(B) METHODS OF APPRAISAL.—The value of Service and the Bureau of Land Man- in the RECORD. timber or other forest products used as an agement, BLM, are about to lose one of There being no objection, the text of offset under subparagraph (A)— their most valuable tools in that ongo- the bill was ordered to be printed in ‘‘(i) shall be determined using appropriate ing fight. methods of appraisal commensurate with the the RECORD, as follows: quantity of products to be removed; and The tool, known as stewardship con- S. 1300 ‘‘(ii) may— tracting, allows the Forest Service and Be it enacted by the Senate and House of Rep- ‘‘(I) be determined using a unit of measure BLM—in collaboration with State and resentatives of the United States of America in appropriate to the contracts; and local governments, tribal agencies, and Congress assembled, ‘‘(II) may include valuing products on a non-governmental organizations—to SECTION 1. SHORT TITLE. per-acre basis. enter into contracts with public or pri- This Act may be cited as the ‘‘Stewardship ‘‘(5) CANCELLATION CEILINGS.— vate entities to carry out a variety of Contracting Reauthorization and Improve- ‘‘(A) IN GENERAL.—The Chief and the Direc- land-management projects, including ment Act’’. tor may obligate funds to cover any poten- SEC. 2. STEWARDSHIP END RESULT CON- tial cancellation or termination costs for an those that can reduce the risk of TRACTING PROJECTS. agreement or contract under subsection (b) wildland fire. (a) IN GENERAL.—Title VI of the Healthy in stages that are economically or program- Stewardship contracts have been par- Forests Restoration Act of 2003 (16 U.S.C. matically viable. ticularly useful in Arizona. The Forest 6591) is amended by adding at the end the fol- ‘‘(B) NOTICE.— Service awarded the first such 10-year lowing: ‘‘(i) SUBMISSION TO CONGRESS.—Not later contract to the White Mountain Stew- ‘‘SEC. 602. STEWARDSHIP END RESULT CON- than 30 days before entering into a multiyear ardship Project in 2004, and the largest TRACTING PROJECTS. agreement or contract under subsection (b) contract, the Four Forest Restoration ‘‘(a) DEFINITIONS.—In this section: that includes a cancellation ceiling in excess ‘‘(1) CHIEF.—The term ‘Chief’ means the of $25,000,000, but does not include proposed Initiative, began in 2012. Unless Con- Chief of the Forest Service. funding for the costs of cancelling the agree- gress acts, the authority to enter into ‘‘(2) DIRECTOR.—The term ‘Director’ means ment or contract up to the cancellation ceil- these agreements will expire at the end the Director of the Bureau of Land Manage- ing established in the agreement or contract, of September. Our legislation would ment. the Chief and the Director shall submit to

VerDate Mar 15 2010 02:10 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\A16JY6.016 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5711 the Committee on Energy and Natural Re- ‘‘(1) IN GENERAL.—The Chief and the Direc- vigorate the discussion and get stake- sources of the Senate and the Committee on tor may require performance and payment holders to finalize any outstanding Natural Resources of the House of Rep- bonds under sections 28.103–2 and 28.103–3 of issues so we can finally get this bill resentatives a written notice that includes— the Federal Acquisition Regulation, in an done this Congress. I am sending the ‘‘(I)(aa) the cancellation ceiling amounts amount that the contracting officer con- proposed for each program year in the agree- siders sufficient to protect the investment in message that restoring these forests in ment or contract; and receipts by the Federal Government gen- Oregon is an urgent priority that needs ‘‘(bb) the reasons for the cancellation ceil- erated by the contractor from the estimated to get done an I am going to keep at it ing amounts proposed under item (aa); value of the forest products to be removed until this issue gets addressed ‘‘(II) the extent to which the costs of con- under a contract under subsection (b). I am pleased that my colleague from tract cancellation are not included in the ‘‘(2) EXCESS OFFSET VALUE.—If the offset Oregon, Senator MERKLEY has again budget for the agreement or contract; and value of the forest products exceeds the joined me today in introducing this ‘‘(III) a financial risk assessment of not in- value of the resource improvement treat- bill. He also recognizes the urgent cluding budgeting for the costs of agreement ments, the Chief and the Director shall— or contract cancellation. needs to restore Oregon’s forests and ‘‘(A) use the excess to satisfy any out- help forest dependent communities and ‘‘(ii) TRANSMITTAL TO OMB.—At least 14 standing liabilities for cancelled agreements days before the date on which the Chief and or contracts; or I am glad he is part of this fight. Director enter into an agreement or contract ‘‘(B) if there are no outstanding liabilities Oregon’s historic war over its forests under subsection (b), the Chief and Director under subparagraph (A), apply the excess to restyled in gridlock that led to mil- shall transmit to the Director of the Office other authorized stewardship projects. lions of acres of Oregon’s Federal forest of Management and Budget a copy of the ‘‘(h) MONITORING AND EVALUATION.— landscape containing choked, over- written notice submitted under clause (i). ‘‘(1) IN GENERAL.—The Chief and the Direc- stocked stands that are at great risk of ‘‘(6) RELATION TO OTHER LAWS.—Notwith- tor shall establish a multiparty monitoring uncharacteristic catastrophic fires, in- standing subsections (d) and (g) of section 14 and evaluation process that accesses the of the National Forest Management Act of sect infestations and disease. The out- stewardship contracting projects conducted come of the decades of conflict is very 1976 (16 U.S.C. 472a), the Chief may enter into under this section. an agreement or contract under subsection ‘‘(2) PARTICIPANTS.—Other than the Chief evident in Eastern Oregon’s forests. (b). and Director, participants in the process de- That is why I introduced legislation ‘‘(7) CONTRACTING OFFICER.—Notwith- scribed in paragraph (1) may include— in the last two Congresses to tackle standing any other provision of law, the Sec- ‘‘(A) any cooperating governmental agen- the challenges facing Oregon’s Eastside retary or the Secretary of the Interior may cies, including tribal governments; and forests and why I reintroduce this leg- determine the appropriate contracting offi- ‘‘(B) any other interested groups or indi- islation again today. cer to enter into and administer an agree- viduals. The legislation I first introduced in ment or contract under subsection (b). ‘‘(i) REPORTING.—Not later than 1 year 2009 reflected an agreement reached by ‘‘(8) FIRE LIABILITY PROVISIONS.—Not later after the date of enactment of this section, than 90 days after the date of enactment of leaders on both sides of these difficult and annually thereafter, the Chief and the issues Intense negotiations resulted in this section, the Chief and the Director shall Director shall report to the Committee on issue for use in all contracts and agreements Energy and Natural Resources of the Senate that legislation with the goal of bring- under subsection (b) fire liability provisions and the Committee on Natural Resources of ing jobs and a healthier tomorrow to that are in substantially the same form as the House of Representatives on— the 8.3 million acres on the 6 Federal the fire liability provisions contained in— ‘‘(1) the status of development, execution, forests in eastern and central Oregon. ‘‘(A) integrated resource timber contracts, and administration of agreements or con- That agreement has already resulted in as described in the Forest Service contract tracts under subsection (b); progress being made on forestry issues numbered 2400–13, part H, section H.4; and ‘‘(2) the specific accomplishments that in Eastern Oregon. Already there is ‘‘(B) timber sale contracts conducted pur- have resulted; and suant to section 14 of the National Forest more collaboration, less gridlock, more ‘‘(3) the role of local communities in the timber harvests and forests gradually Management Act of 1976 (16 U.S.C. 472a). development of agreements or contract ‘‘(e) RECEIPTS.— plans.’’. beginning to get restored. ‘‘(1) IN GENERAL.—The Chief and the Direc- (b) OFFSET.—To the extent necessary, the But we can’t stop there. Since the tor may collect monies from an agreement Chief and the Director shall offset any direct last Congress, discussions and negotia- or contract under subsection (b) if the collec- spending authorized under section 602 of the tions with interested stakeholders have tion is a secondary objective of negotiating Healthy Forests Restoration Act of 2003 (as continued. Today’s bill reflects some of the contract that will best achieve the pur- added by subsection (a)) using any additional those discussions as well as some of the poses of this section. amounts that may be made available to the real progress seen on the ground in ‘‘(2) USE.—Monies from an agreement or Chief or the Director for the applicable fiscal Eastern Oregon, but it also preserves contract under subsection (b)— year. ‘‘(A) may be retained by the Chief and the (c) CONFORMING AMENDMENT.—Section 347 the core elements of the agreement Director; and of the Department of the Interior and Re- that I crafted with the stakeholders to ‘‘(B) shall be available for expenditure lated Agencies Appropriations Act, 1999 (16 this agreement—a push to increase the without further appropriation at the project U.S.C. 2104 note; Public Law 105–277) is re- timber produced from our national for- site from which the monies are collected or pealed. ests, landscape scale restoration efforts at another project site. and protections for watersheds and old ‘‘(3) RELATION TO OTHER LAWS.— By Mr. WYDEN (for himself and growth. ‘‘(A) IN GENERAL.—Notwithstanding any Mr. MERKLEY): Eastern Oregon today is down to only other provision of law, the value of services S. 1301. A bill to provide for the res- a small handful of surviving timber received by the Chief or the Director under a toration of forest landscapes, protec- mills. Yet those mills are urgently stewardship contract project conducted tion of old growth forests, and manage- under this section, and any payments made needed to process saw logs and other or resources provided by the contractor, ment of national forests in the eastside merchantable material from forest res- Chief, or Director shall not be considered forests of the State of Oregon; to the toration projects. Without them, there monies received from the National Forest Committee on Energy and Natural Re- will be no restoration of Oregon’s System or the public lands. sources. Eastside forests. But without far great- ‘‘(B) KNUTSON-VANDERBERG ACT.—The Act Mr. WYDEN. Mr. President, today I er certainty of merchantable timber of June 9, 1930 (commonly known as the would like to reintroduce an important supply, more mills will close. ‘Knutson-Vanderberg Act’) (16 U.S.C. 576 et piece of forest legislation for my home That’s why we not only need to intro- seq.) shall not apply to any agreement or State of Oregon. contract under subsection (b). duce legislation today, we need to pass ‘‘(f) COSTS OF REMOVAL.—Notwithstanding This is legislation that I introduced it this Congress. Because time is not on the fact that a contractor did not harvest in the last two Congresses. The legisla- our side and at risk forests and mills the timber, the Chief may collect deposits tion gained the support of the adminis- won’t wait forever for the perfect con- from a contractor covering the costs of re- tration through a number of improve- sensus. moval of timber or other forest products ments, but unfortunately it failed to Fortunately leaders on both sides of under— get passed. I have since made a few this issue recognize that Oregon’s for- ‘‘(1) the Act of August 11, 1916 (16 U.S.C. more updates and improvements as I ests will pay the price if more mills 490); and ‘‘(2) the Act of June 30, 1914 (16 U.S.C. 498). continue talking to stakeholders who close. That recognition is what brought ‘‘(g) PERFORMANCE AND PAYMENT GUARAN- worked with me on this legislation. I us to the landmark agreement in the TEES.— am introducing the bill today to rein- first place.

VerDate Mar 15 2010 01:01 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A16JY6.018 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5712 CONGRESSIONAL RECORD — SENATE July 16, 2013 I expect continued discussions as the cational and outdoor experiences that Child Left Inside Act and to join with Senate process advances over the best many children may never otherwise Senator KIRK and me to include its pro- way to craft the bill to reflect current have, helping inspire them to learn. In visions into the reauthorization of the reality on the ground but I want to partnership with the Rhode Island De- Elementary and Secondary Education build on the progress that has been partment of Education, these organiza- Act. made to this point. tions have developed a statewide envi- f I also want to point out that none of ronmental literacy plan that is now SUBMITTED RESOLUTIONS our efforts will succeed unless Oregon being put into action. Federal forests are also adequately Given the major environmental chal- funded to properly manage and restore lenges we face today, our bill seeks to SENATE RESOLUTION 196—TO CON- these valuable Federal assets. I will prioritize teaching our young people STITUTE THE MAJORITY PAR- fight, along with Senator MERKLEY and about their natural world. For more TY’S MEMBERSHIP ON CERTAIN other stakeholders, for the funding to than three decades, environmental edu- COMMITTEES FOR THE ONE HUN- put our people back to work and re- cation has been a growing part of effec- DRED THIRTEENTH CONGRESS, store the health of our forests. tive instruction in America’s schools. OR UNTIL THEIR SUCCESSORS I thank the stakeholders that have Responding to the need to improve stu- ARE CHOSEN continued to spend time and energy en- dent achievement and prepare students gaged in discussions with me on the de- for the 21st century economy, many Mr. REID submitted the following tails of this legislation. I know there is schools throughout the Nation now resolution; which was considered and further work ahead, and I look forward offer some form of environmental edu- agreed to: to working with them to get the legis- cation. S. RES. 196 lation ready for passage. Yet, environmental education is fac- Resolved, That the following shall con- I want to also express my gratitude ing a significant challenge, and re- stitute the majority party’s membership on to Governor Kitzhaber, who also under- mains out of reach for too many chil- the following committees for the One Hun- dred Thirteenth Congress, or until their suc- stands the importance of advancing ef- dren. With many schools being forced cessors are chosen: forts to treat and restore Oregon’s for- to scale back or eliminate environ- COMMITTEE ON AGRICULTURE, NUTRITION, ests. He went to bat to putting state mental programs, fewer and fewer stu- AND FORESTRY: Ms. Stabenow (Chairman), funding behind these efforts so I want dents are able to take part in related Mr. Leahy, Mr. Harkin, Mr. Baucus, Mr. to ensure that the Federal Government classroom instruction and field inves- Brown, Ms. Klobuchar, Mr. Bennet, Mrs. is also honoring its commitment to tigations, however effective or in de- Gillibrand, Mr. Donnelly, Ms. Heitkamp, and manage these Federal treasures and be mand these programs are. Mr. Casey. COMMITTEE ON COMMERCE, SCIENCE, AND a good neighbor to state and private The No Child Left Inside Act would TRANSPORTATION: Mr. Rockefeller (Chair- lands. I appreciate his efforts and look increase environmental literacy among man), Mrs. Boxer, Mr. Nelson, Ms. Cantwell, forward to continuing to work with elementary and secondary students by Mr. Pryor, Mrs. McCaskill, Ms. Klobuchar, him. encouraging and providing assistance Mr. Warner, Mr. Begich, Mr. Blumenthal, I am pleased to reintroduce this leg- to states for the development and im- Mr. Schatz, Mr. Heinrich, and Mr. Markey. islation today, and I intend to keep plementation of environmental lit- COMMITTEE ON FOREIGN RELATIONS: Mr. working with all the folks in my State eracy plans and promoting professional Menendez (Chairman), Mrs. Boxer, Mr. who are willing to talk in good faith development for teachers on how to in- Cardin, Mrs. Shaheen, Mr. Coons, Mr. Dur- tegrate environmental literacy and bin, Mr. Udall of New Mexico, Mr. Murphy, about restoring our Eastside forests. I Mr. Kaine, and Mr. Markey. want to continue to get input from field experiences into their instruction. COMMITTEE ON SMALL BUSINESS AND ENTRE- stakeholders on any further revisions The legislation would also support PRENEURSHIP: Ms. Landrieu (Chairman), Mr. to the bill and get a final product that partnerships with high-need school dis- Levin, Mr. Harkin, Ms. Cantwell, Mr. Pryor, will pass this Congress. tricts to initiate, expand, or improve Mr. Cardin, Mrs. Shaheen, Ms. Hagan, Ms. their environmental education cur- Heitkamp, and Mr. Markey. By Mr. REED (for himself, Mr. riculum, and for replication and dis- f KIRK, Mrs. MURRAY, Mr. UDALL semination of effective practices. Fi- AUTHORITY FOR COMMITTEES TO of New Mexico, Mr. WHITE- nally, the legislation would support MEET HOUSE, and Mr. DURBIN): interagency coordination and reporting S. 1306. A bill to amend the Elemen- on environmental education opportuni- COMMITTEE ON ARMED SERVICES tary and Secondary Education Act of ties across the Federal Government. Mr. REID. Mr. President, I ask unan- 1965 in order to improve environmental This legislation has broad support imous consent that the Committee on literacy to better prepare students for among national and State environ- Armed Services be authorized to meet postsecondary education and careers, mental and educational groups. during the session of the Senate on and for other purposes; to the Com- The American public recognizes that July 16, 2013, at 9:30 a.m. mittee on Health, Education, Labor, the environment is a central issue to The PRESIDING OFFICER. Without and Pensions. our future health and well-being. In the objection, it is so ordered. Mr. REED. Mr. President, today I am private sector, business leaders also in- COMMITTEE ON BANKING, HOUSING, AND URBAN reintroducing bipartisan legislation to creasingly believe that an environ- AFFAIRS provide support for environmental edu- mentally literate workforce is critical Mr. REID. Mr. President, I ask unan- cation in our Nation’s classrooms. I to their long-term success. They recog- imous consent that the Committee on thank Senators KIRK, MURRAY, TOM nize that better, more efficient envi- Banking, Housing, and Urban Affairs UDALL, DURBIN, and WHITEHOUSE for ronmental practices improve the bot- be authorized to meet during the ses- agreeing to be original cosponsors of tom line and help position their compa- sion of the Senate on July 16, 2013, at 10 the No Child Left Inside Act of 2013. nies for the future. a.m. According to the National Associa- Environmental education helps pre- The PRESIDING OFFICER. Without tion for Environmental Education, 47 pare the next generation with the objection, it is so ordered. states and the District of Columbia skills and knowledge necessary to be COMMITTEE ON ENERGY AND NATURAL have taken steps towards developing competitive in the global economy. RESOURCES plans to integrate environmental lit- Studies have shown that it enhances Mr. REID. Mr. President, I ask unan- eracy into their statewide educational student achievement in science and imous consent that the Committee on initiatives. In Rhode Island, organiza- other core subjects and increases stu- Energy and Natural Resources be au- tions such as the Rhode Island Envi- dent engagement and critical thinking thorized to meet during the session of ronmental Education Association, skills. And it promotes healthy life- the Senate on July 16, 2013, at 10 a.m. Roger Williams Park Zoo, Save the styles by encouraging kids to get out- in room SD–366 of the Dirksen Senate Bay, the Nature Conservancy, and the side. Office Building. Audubon Society, as well as countless That is why I encourage my col- The PRESIDING OFFICER. Without schools and teachers, are offering edu- leagues to cosponsor the bipartisan No objection, it is so ordered.

VerDate Mar 15 2010 01:01 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\A16JY6.022 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5713 COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. The pledged that if we liked the health plans we Mr. REID. Mr. President, I ask unan- clerk will report the resolution by have now, we could keep them. Sadly, that imous consent that the Committee on title. promise is under threat. Right now, unless Foreign Relations be authorized to The assistant legislative clerk read you— meet during the session of the Senate as follows: Directed at the majority leader and on July 16, 2013, at 10 a.m., to hold a A resolution (S. Res. 196) to constitute the the minority leader in the House— hearing entitled, ‘‘A Hearing on S. 980, majority party’s membership on certain and the Obama Administration enact an eq- The Embassy Security and Personnel committees for the One Hundred Thirteenth uitable fix, the ACA— Protection Act of 2013.’’ Congress, or until their successors are cho- Or the Affordable Care Act, which The PRESIDING OFFICER. Without sen. some people refer to as ‘‘ObamaCare’’— objection, it is so ordered. There being no objection, the Senate will shatter not only our hard-earned health COMMITTEE ON HEALTH, EDUCATION, LABOR, proceeded to consider the resolution. benefits, but destroy the foundation of the 40 AND PENSIONS Mr. BROWN. Madam President, I ask hour work week that is the backbone of the Mr. REID. Mr. President, I ask unan- unanimous consent that the resolution American middle class. imous consent that the Committee on be agreed to and the motion to recon- The letter goes on to say: Health, Education, Labor, and Pen- sider be laid upon the table, with no in- Since the Affordable Care Act was enacted, sions be authorized to meet, during the tervening action or debate. we have been bringing our deep concerns to session of the Senate, in order to con- The PRESIDING OFFICER. Without the Administration, seeking reasonable reg- duct a hearing entitled ‘‘Pooled Retire- objection, it is so ordered. ulatory interpretations to the statute that would help prevent the destruction of non- ment Plans: Closing the Retirement The resolution (S. Res. 196) was profit health plans. As you both know first- Plan Coverage Gap for Small Busi- agreed to. hand, our persuasive arguments have been nesses’’ on July 16, 2013, at 2:30 p.m., in (The resolution is printed in today’s disregarded and met with a stone wall by the room 430 of the Dirksen Senate Office RECORD under ‘‘Submitted Resolu- White House and by the pertinent agencies. Building. tions.’’) This is a letter that was, as I said, The PRESIDING OFFICER. Without f sent last week to the leaders in the objection, it is so ordered. ORDERS FOR WEDNESDAY, JULY House and in the Senate. I wish to COMMITTEE ON HOMELAND SECURITY AND 17, 2013 quote a few more passages from that GOVERNMENT AFFAIRS letter. Mr. REID. Mr. President, I ask unan- Mr. BROWN. Madam President, I ask We have a problem; you need to fix it. The imous consent that the Committee on unanimous consent that when the Sen- unintended consequences of the Affordable Homeland Security and Governmental ate completes its business today, it ad- Care Act are severe. Perverse incentives are Affairs be authorized to meet during journ until 9:30 a.m. on Wednesday, already creating nightmare scenarios. the session of the Senate on July 16, July 17, 2013; that following the prayer First, the law creates an incentive for em- 2013, at 3:30 p.m. and pledge, the morning hour be ployers to keep employees’ work hours below The PRESIDING OFFICER. Without deemed expired, the Journal of pro- 30 hours a week. Numerous employers have objection, it is so ordered. begun to cut workers’ hours to avoid this ob- ceedings be approved to date, and the ligation, and many of them are doing so SELECT COMMITTEE ON INTELLIGENCE time for the two leaders be reserved for openly. The impact is twofold: fewer hours Mr. REID. Mr. President, I ask unan- their use later in the day; that the ma- means less pay while also losing our current imous consent that the Select Com- jority leader be recognized; and that health benefits. mittee on Intelligence be authorized to following the remarks of the two lead- The summary of the letter at the end meet during the session of the Senate ers, the Senate proceed to executive says: on July 16, 2013, at 2:30 p.m. session to consider Calendar No. 178, On behalf of the millions of working men The PRESIDING OFFICER. Without the Hochberg nomination, and the time and women we represent and the families objection, it is so ordered. until 10 a.m. be equally divided and they support, we can no longer stand silent SUBCOMMITTEE ON FINANCIAL AND controlled between the two leaders or in the face of elements of the Affordable CONTRACTING OVERSIGHT their designees. Care Act that will destroy the very health Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without and wellbeing of our members along with imous consent that the Committee on objection, it is so ordered. millions of other hardworking Americans. Homeland Security and Government f So when we look at this letter and Affairs’ Subcommittee on Financial the tone of the letter and some of the and Contracting Oversight be author- PROGRAM statements made in the letter, we see ized to meet during the session of the Mr. BROWN. Tomorrow at 10 a.m. that it talks about destroying the Senate on July 16, 2013, at 9:30 a.m. to there will be a rollcall vote on the mo- health benefits of employees. It talks conduct a hearing entitled, ‘‘Imple- tion to invoke cloture on the Hochberg about nightmare scenarios being cre- mentation of Wartime Contracting Re- nomination. ated by perverse incentives in the Af- forms.’’ f fordable Care Act. As I said before, it The PRESIDING OFFICER. Without says the Affordable Care Act will shat- objection, it is so ordered. ORDER FOR ADJOURNMENT ter not only our hard-earned health SUBCOMMITTEE ON WATER AND POWER Mr. BROWN. Madam President, if benefits but destroy the foundation of Mr. REID. Mr. President, I ask unan- there is no further business to come be- the 40-hour workweek that is the back- imous consent that the Subcommittee fore the Senate, I ask unanimous con- bone of the American middle class. on Water and Power of the Committee sent that it stand adjourned under the If my colleagues are wondering who on Energy and Natural Resources be previous order following the remarks of sent the letter—one might think it authorized to meet during the session Senator THUNE. came from the National Federation of of the Senate on July 16, 2013, at 2:30 The PRESIDING OFFICER. Without Independent Business or perhaps the p.m., in room SD–366 of the Dirksen objection, it is so ordered. National Association of Manufacturers, Senate Office Building. The Senator from South Dakota. the chamber of commerce, or some The PRESIDING OFFICER. Without f business group that obviously has objection, it is so ordered. major concerns and issues with the im- HEALTH CARE REFORM f plementation of ObamaCare. But that Mr. THUNE. Madam President, last letter came from Mr. James Hoffa, who MAJORITY PARTY APPOINTMENTS week a letter was sent to majority is the general president of the Inter- FOR THE 113TH CONGRESS leader HARRY REID and minority leader national Brotherhood of Teamsters; it Mr. BROWN. Madam President, I ask NANCY PELOSI of the House of Rep- was cosigned by Joseph Hansen, the unanimous consent that the Senate resentatives, and I wish to read a few international president of the UFCW, proceed to the immediate consider- quotes from that letter. It says: and by D. Taylor, the president of ation of S. Res. 196, submitted earlier When you and the President sought our UNITE–HERE—three major union or- today. support for the Affordable Care Act, you ganizations that are very concerned

VerDate Mar 15 2010 01:01 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A16JY6.026 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5714 CONGRESSIONAL RECORD — SENATE July 16, 2013 about ObamaCare and its implementa- A lot of my colleagues on the other for the employer mandate was delayed tion and what it is going to mean to side have said: Why do you guys keep by 1 year. the health care benefits many of their complaining about this? It is the law of We believe that if they are going to members already enjoy, as well as what the land. In fact, it is the law of the delay the employer mandate for a year, it will do to wreck the 40-hour work- land, which I think begs the question we ought to delay the implementation week that is, as they describe, the of, why is the administration not en- of this law for everybody and not just backbone of the American middle forcing it? Why has the administration do it for a year. Let’s do it perma- class. been delaying implementation of nently. Let’s start over. Let’s do this So the list goes on of those who have ObamaCare, at least as it pertains to the right way. It didn’t take a 2,700- deep and abiding concerns about the the employer mandate? page bill, it didn’t take 20,000 pages of adverse and harmful impacts of I think there are a lot of obvious rea- regulations, it didn’t take a govern- ObamaCare as we approach the imple- sons for that. They got tired of hearing ment takeover of one-sixth of our econ- mentation stage the first of next year. about the adverse impacts it was hav- omy to try to solve the problems and As we know, last week the adminis- ing on the economy and having on jobs. the challenges we have in our health tration announced they were going to We saw the jobs numbers from the care system today. Yet that was the so- delay the implementation of the em- month of June, and the number of peo- lution the President and our Demo- ployer mandate. I think many of us re- ple who have been pushed into part- cratic colleagues in Congress came up ceived that news as welcome news be- time jobs was actually, in the month of with. As a consequence, we have higher cause we have argued that many of the June, up by 322,000 individuals. taxes, we have higher premiums, we penalties associated with the legisla- In other words, what we are seeing is have fewer jobs, and we have lower tion and its implementation are going that a lot of people who were pre- take-home pay for many Americans. to be very harmful to job creation and viously full-time workers and who I wish to point out in terms of the to economic growth and that we are want to work full-time in our economy issue of premiums even the administra- going to see more and more employers are being pushed into part-time jobs. tion has acknowledged that some peo- starting not only to not hire people but Why is that happening? Well, at least ple are going to see their premiums actually to reduce the size of the work- one of the reasons, I would argue, is rise under the health care reform law. force. In fact, a survey of employers that under ObamaCare the require- There are estimates from the Society around the country suggested that 40 ments that apply to employers apply to of Actuaries study that was released in percent of them were, in fact, doing full-time workers. So if an employer 2013 that showed the State of Ohio’s that. They were not hiring new people. doesn’t have full-time workers—and current average cost to cover medical Also, 20 percent of the employers in the law defines that as 30 hours a expenses for an individual health insur- this country were actually reducing— week—if an employer doesn’t have peo- ance plan to be $223. laying people off—because of the con- Based on the proposals submitted to ple working more than 30 hours a week, cerns about the mandates included in the Department, the average to cover they are not covered by the mandates ObamaCare. those costs in 2014 under ObamaCare is So the administration reacted to in the legislation. So what are many going to be $420, representing an in- that by saying: OK, we have been lis- employers doing? Many employers were crease of 88 percent when compared tening to you. We hear you. We are then cutting the hours of their employ- to—this is a study of actuaries—their going to delay the employer mandate. ees to get under that 30-hour threshold study. So an 88-percent increase in the That is the penalty attached if em- so they wouldn’t be hit with these cost- State of Ohio. That, of course, again ployers don’t offer a government-ap- ly new mandates. was in the individual health care mar- What does that mean for the average proved health plan with lots of bells ket. and whistles and things in it—things family in this country? It means that There have been studies done that that they didn’t believe they could af- fewer and fewer people have full-time suggest that the Federal health care ford. So we get the 1-year temporary jobs, higher take-home pay, and more law, the Affordable Care Act or, as I relief from that. and more Americans are having to do said, ObamaCare could nearly triple But I think the question that has to part-time work—probably finding two premiums for some young and healthy then be asked of the administration is part-time jobs to help pay the bills. men. The premium for a relatively bare this: If you are going to provide relief That is a crushing effect on an econ- bones policy for a 27-year-old male from the employer mandate, what omy that is already struggling to re- nonsmoker in the individual market about everybody else? What about all cover. A lot of people who I would would be nearly 190 percent higher. of the other Americans who are going argue want to get back into the work- So I do not think many of the people to be impacted and harmed? What force are trying to find full-time work who are going to be impacted have seen about the individual mandate where we and are being met with resistance from the full impact yet. But when it is fully have 6 million Americans who are, employers because employers are hav- implemented, there are going to be lots when it is fully implemented, going to ing to deal with these costly mandates of other impacts on premiums, adverse be faced with a tax of about $1,200? included in the Affordable Care Act. impacts on people in this country, es- We have all kinds of families across So if we look at the effect, the net re- pecially in the individual market. As I this country who are seeing, because of sult so far of ObamaCare, which, mentioned earlier, we have already the higher taxes and many of the man- again—we have mentioned this many seen significant increases in premiums dates associated with the legislation times here—is 2,700 pages in terms of with regard to families. already, higher premiums. In fact, legislation and 20,000 pages of regula- So if we look at this thing and sort of when the President took office, he tions—in fact, the size of the stack of assess where we are today, not too far, promised he was going to reduce pre- regulations is now 71⁄2 feet tall, so it is just a few months away from what is miums for families in this country by about a foot taller than I am. Just last alleged to be the full implementation $2,500. Well, according to the Kaiser week another 606 pages of regulations of this—of course, now with the excep- study—and they track premiums— were issued in terms of the implemen- tion of the employer mandate—I think since the President has taken office, tation of this law. Can we imagine av- we can come to one very simple conclu- health insurance premiums for families erage Americans trying to comply with sion; that is, that the result has led to in this country have actually increased 20,000 pages of regulations or, for that fewer jobs, it has led to more people by $2,500. So when the President made matter, businesses trying to comply being pushed into part-time work as the argument that he would lower in- with them? opposed to full-time jobs, and therefore surance premiums for families in this There is so much uncertainty associ- lower take-home pay for middle-class country by $2,500, just the opposite has ated with this law and the impact it is Americans. It has led to higher pre- happened. We have seen premiums ac- going to have and fears about the im- miums. We are already seeing the ef- tually go up. I think premiums are pact it is going to have, and nothing is fect of that with regard to premiums going to continue to go up as this be- being done to make that any easier for that are being paid by families and comes implemented and becomes, ulti- most Americans. It was made easier for those who have to buy their insurance mately, the law of the land. employers last week when the penalty in the individual marketplace.

VerDate Mar 15 2010 01:01 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G16JY6.033 S16JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 16, 2013 CONGRESSIONAL RECORD — SENATE S5715 We know there are lots of higher There is a better way. I hope the ADJOURNMENT UNTIL 9:30 A.M. taxes in the legislation. If we look at feedback, if you will, the response that TOMORROW the impact on many people who pro- the President and his team are getting, The PRESIDING OFFICER. Under vide health care services, the medical not only now from those people who the previous order, the Senate stands device manufacturers have a big tax were opposed to it—many of us were adjourned until 9:30 a.m. tomorrow. they are dealing with, pharmaceutical arguing when this was being debated in Thereupon, the Senate, at 6:05 p.m., companies, health insurance plans—we the Senate that this, in fact, would be adjourned until Wednesday, July 17, can go right down the list. All of those the impact. We talked about the im- 2013, at 9:30 a.m. new taxes are going to get passed on, in pact on premiums because of the man- many cases passed on to people who are dates and the new taxes. We talked f not high-income earners but middle- about the taxes. We talked about the NOMINATIONS class Americans who are trying to keep impact on the economy and jobs and their heads above water and keep pointed out that this was going to have Executive nominations received by health care coverage for their family. an adverse, harmful impact on the abil- the Senate: These are the real-world impacts of NATIONAL LABOR RELATIONS BOARD ObamaCare as we know it today. That ity of our economy to create jobs and to get that unemployment rate down KENT YOSHIHO HIROZAWA, OF NEW YORK, TO BE A is why I think we see, even organiza- MEMBER OF THE NATIONAL LABOR RELATIONS BOARD tions that are very sympathetic to the and get people back to work in this FOR THE TERM OF FIVE YEARS EXPIRING AUGUST 27, country. 2016, VICE WILMA B. LIEBMAN, TERM EXPRIED. President, very sympathetic to his NANCY JEAN SCHIFFER, OF MARYLAND, TO BE A MEM- agenda, fans of his agenda, people who Many of us were working those argu- BER OF THE NATIONAL LABOR RELATIONS BOARD FOR THE TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2014, worked very hard to get him elected in ments. Many of the organizations that VICE CRAIG BECKER. office—the labor unions in their letter were opposed to the legislation were IN THE AIR FORCE make that argument, that they worked saying the same things. Now we have THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED very hard. They walked the neighbor- those who were actually endorsing and STATES OFFICER FOR APPOINTMENT IN THE RESERVE hoods. They did all of the grassroots in favor of the legislation coming out OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: organizing that was necessary to get and saying it would shatter not only To be brigadier general the President elected. Here they are re- our hard-earned health benefits but de- acting to the Affordable Care Act, to stroy the foundation of the 40-hour COL. ROGER L. NYE ObamaCare, in the same way I think work week that is the backbone of the IN THE ARMY most Americans are. American middle class. Perverse incen- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT That is why we consistently see pub- IN THE UNITED STATES ARMY TO THE GRADE INDICATED tives are already creating nightmare WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND lic opinion polls that are very negative scenarios. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: toward the law. In fact, there was a To be lieutenant general That is what is included in the letter Rasmussen survey recently that said 55 LT. GEN. KENNETH E. TOVO percent of Americans disapprove of the that was submitted last week to the law, 39 percent are in favor of it. But a leaders in the Congress, written by f significant and decisive majority of major labor organizations in this coun- CONFIRMATION Americans believe this is going to be try. Those are not rightwing conserv- bad for them, bad for their own per- atives, rightwing Republicans who are Executive nomination confirmed by sonal situation, finances, when it reacting this way to ObamaCare; these the Senate July 16, 2013: comes to covering their families but are allies of the President who have re- BUREAU OF CONSUMER FINANCIAL PROTECTION also bad for the economy and bad for alized and come to the conclusion that RICHARD CORDRAY, OF OHIO, TO BE DIRECTOR, BU- jobs. this is incredibly problematic, not only REAU OF CONSUMER FINANCIAL PROTECTION FOR A Higher premiums, higher taxes, fewer for them and their members and the TERM OF FIVE YEARS. jobs, more part-time jobs, fewer full- employees of a lot of companies out f time jobs, lower take-home pay, that is there with regard to the current health what we today know as ObamaCare. care benefits that they already have WITHDRAWALS There is a better way. We could go but also what it means for the 40-hour Executive Message transmitted by back and start over, do this the right work week and what it means for the the President to the Senate on July 16, way; step-by-step, incrementally, deal take-home pay for middle-class Ameri- 2013 withdrawing from further Senate with the challenges that we have in our cans across this country. consideration the following nomina- health care system, and there are tions: many of them. But it did not take a We can do better. We should do bet- ter. It is not too late. It is never too RICHARD F. GRIFFIN, JR., OF THE DISTRICT OF COLUM- massive takeover of one-sixth of the BIA, TO BE A MEMBER OF THE NATIONAL LABOR RELA- American economy, a massive new gov- late to do the right thing. I hope that TIONS BOARD FOR THE TERM OF FIVE YEARS EXPIRING as more and more of this anecdotal and AUGUST 27, 2016, VICE WILMA B. LIEBMAN, TERM EX- ernment program, 2,700 pages of legis- PIRED, WHICH WAS SENT TO THE SENATE ON FEBRUARY lation, over 20,000 pages of new regula- empirical evidence comes forward 13, 2013. about the implementation of this legis- SHARON BLOCK, OF THE DISTRICT OF COLUMBIA, TO BE tions in terms of implementation to A MEMBER OF THE NATIONAL LABOR RELATIONS BOARD lation, we will do that. FOR THE TERM OF FIVE YEARS EXPIRING DECEMBER 16, solve the challenges we have in our 2014, VICE CRAIG BECKER, WHICH WAS SENT TO THE SEN- health care system today. I yield the floor. ATE ON FEBRUARY 13, 2013.

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HONORING HENRY POSEY 2007, Father Pat was also assigned Pastor of assignment without the distraction of hunger, Saint Mark Catholic Church in Gary. Through- guarantees healthy meals to struggling fami- HON. STEPHEN LEE FINCHER out the years, Father Gaza has served in var- lies who have been hit hard by the recent eco- OF TENNESSEE ious organizations throughout Northwest Indi- nomic downturn, and lends to the economic ana and Gary, including the LaPorte County advancement of communities across the coun- IN THE HOUSE OF REPRESENTATIVES FEMA Food Program, the Gary Ten Point Co- try. Tuesday, July 16, 2013 alition, the Gary Urban Enterprise Association, Forty-seven million people experience food Mr. FINCHER. Mr. Speaker, I rise today to the Gary branch of the NAACP, Rebuilding insecurity in the United States. In New York honor the retirement of Henry Posey from the Together, and the Catholic Youth Organiza- alone, over three million New Yorkers receive Memphis Fire Department. tion. Father Gaza’s involvement with these or- food stamps. This bill as it currently stands is Mr. Posey has devoted his life to a career ganizations evidences his absolute commit- an attack on the nutrition programs, specifi- of public service. As a fire fighter and the retir- ment to minister and tirelessly work and advo- cally food stamps. ing Division Chief for the Memphis Fire De- cate on behalf of ‘‘the least amongst us.’’ We have an unparalleled moment of oppor- partment, he worked to keep communities in Those who are without, those who suffer tunity to generate policy that is in tune with the the Eighth District of Tennessee safe for over physically or are challenged physiologically, circumstances of ALL of the American peo- 36 years. In this time, he has truly made a dif- and those who need spiritual guidance have ple—those in both rural and urban commu- ference in people’s lives, and in some cases always found compassion, warmth, and a gen- nities. his efforts have meant the difference between erosity of spirit in Father Pat. Father J. Patrick Decoupling the nutrition programs from the life and death. Gaza is a gifted, Godly, and good man. For agricultural subsidies programs will in effect be I am proud to join Mr. Posey’s family, his constant and passionate devotion to his the death nail for the food stamps program. friends, and colleagues in congratulating him God, his church and his flock, Father is worthy There will be no incentives for conservatives for his many years of service. He deserves of our profound respect and gratitude. to support nutritional programs if this decou- our deepest thanks and appreciation. Mr. Speaker, I ask that you and my other pling occurs, which is why I oppose this bill. f distinguished colleagues join me in honoring f Father Patrick Gaza for his lifetime of leader- HONORING FATHER J. PATRICK ship and selfless service to others. Saints CONGRATULATING JON MOWL AND GAZA Monica and Luke and Saint Mark Catholic THE UNITED STATES DELEGA- Churches, the community of Gary, and all of TION TO THE 2013 SUMMER HON. PETER J. VISCLOSKY Northwest Indiana have certainly been blessed DEAFLYMPICS IN SOFIA, BUL- GARIA OF INDIANA by the good work of Father Gaza. IN THE HOUSE OF REPRESENTATIVES f HON. JAMES P. MORAN Tuesday, July 16, 2013 FEDERAL AGRICULTURE REFORM OF VIRGINIA AND RISK MANAGEMENT ACT OF Mr. VISCLOSKY. Mr. Speaker, it is with IN THE HOUSE OF REPRESENTATIVES great pleasure and admiration that I stand be- 2013 fore you today to recognize Father J. Patrick Tuesday, July 16, 2013 Gaza, Pastor of Saints Monica and Luke and SPEECH OF Mr. MORAN. Mr. Speaker, I rise today to Saint Mark Catholic Churches in Gary, as he HON. YVETTE D. CLARKE congratulate Jon Mowl and the 180 deaf and celebrates his retirement after 44 years of self- OF NEW YORK hard of hearing athletes and coaches heading less service to the Catholic Church and the IN THE HOUSE OF REPRESENTATIVES to Sofia, Bulgaria for the 2013 Summer countless individuals he has ministered to Deaflympics. Held quadrennially, the throughout his life. Father Pat will be honored Thursday, July 11, 2013 Deaflympics are the world’s second oldest at a retirement reception on Sunday, July 21, Ms. CLARKE. Mr. Speaker, today I rise in multiple sports games after the Olympics. 2013, at Avalon Manor in Merrillville, Indiana. vehement opposition to H.R. 2642, the Fed- From July 26 through August 4 this summer, Father Gaza dedicated his life to becoming eral Agriculture Reform and Risk Management Sofia will host 14,707 athletes from over 90 a priest from the time of his studies at Saints Act of 2013. Specifically, I oppose separating countries. Peter and Paul School in Merrillville. Since nutrition assistance programs from the agricul- The Summer Deaflympics are built on 89 then, he has not faltered in his commitment to tural subsidies programs and this is exactly years of tradition. At the recent 2009 Summer God and to serving the people of his commu- what this bill does. Deaflympics in Taipei, Taiwan, more than nity, especially those most in need. He com- Agricultural and nutrition assistance pro- 2,500 athletes from 77 nations participated, in- pleted his higher education at Our Lady of the grams have traditionally moved through Con- cluding 140 Americans. The Summer Lake Seminary in Wawasee, Indiana, Saint gress as part of the same authorizing legisla- Deaflympics are sanctioned by the Inter- Meinrad College in Saint Meinrad, Indiana, tion, allowing us to comprehensively address national Olympic Committee. For the 2013 and Pontifical Gregorian University in Rome. both issues. Summer Deaflympics, the United States plans In 1968, Father Gaza was ordained a Catholic This amalgamation has united urban and to bring its best team that has been training priest at Saint Peter’s Basilica in Vatican City. rural areas of America, serving as a mani- for four years for this opportunity. The need Through his experiences as an instructor of festation of the connection shared between for separate games for deaf athletes is not just religion at Bishop Noll Institute in Hammond, these seemingly disparate communities. evident in the number of participants. Deaf as well as his supervision of theological field Divorcing food stamps from agricultural sub- athletes are distinguished from all others in education at the North American College in sidies would halt much-needed action that in- their special communication needs on the Rome, Father Gaza has contributed tremen- sures funding for food assistance to low-in- sports field. Visual presentation of information dously to the religious schooling of youth. come Americans. during the Games for both athletes and visi- These stand as just a few teaching experi- Republicans accuse Democrats of playing tors are a critical part of the Games infrastruc- ences among his extensive contributions to politics with farm issues, yet they propose a ture, which includes the use of video screens, the younger generation. two-bill strategy that is likely to stagnate any captioning and information boards. A visual In 1992, Father Patrick Gaza became Pas- progress toward assisting the nation’s most environment is critical for communication with tor of Saints Monica and Luke Catholic vulnerable populations. deaf athletes, deaf officials and deaf spec- Church. With his devoted guidance, the The moment has arrived in our Congress tators. church has thrived in the community and has where we have the ability to pass legislation Unlike Olympians or Paralympians, elite expanded its community outreach efforts. In that ensures a child can focus on a homework deaf and hard of hearing athletes must

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

VerDate Mar 15 2010 04:52 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K16JY8.001 E16JYPT1 tjames on DSK6SPTVN1PROD with REMARKS E1062 CONGRESSIONAL RECORD — Extensions of Remarks July 16, 2013 fundraise to pay their way and do not receive rishioners, and community leaders as Our member of the Garth Fagan Student Dance financial support from the United States Olym- Lady of Mount Carmel Church celebrates its Company and enjoys hiking, swimming, and pic Committee. This presents a twofold chal- 75th Annual Feast—a celebration which raises biking. Ms. Thomas hopes to pursue a career lenge for the Deaflympics athletes: fundraising funds to support the Our Lady of Mount Car- in viola performance. on top of training for the Games. People like mel School and its students. She will join a group of 120 of the finest you who support the mission of USADSF and Over the last 75 years, the congregants of young musicians in this country aged 16–19, its athletes are the ones who make it possible Our Lady of Mount Carmel Church have to each of whom was selected from over 1,200 for the athletes to accomplish their lifelong commemorate ‘‘the devotion that the Blessed applicants from all 50 states. Organized by the dream. Each Deaflympian must fundraise Virgin Mary has to those who are committed famed Carnegie Hall in New York City, it is $2,350 (not including international travel and to her.’’ The four-day feast features food, fun, truly a significant accomplishment. As part of training camp expenses) to cover all costs at and fellowship. After Sunday Mass at noon, their experience, in July the group will travel to the 2013 Summer Deaflympics. Over 180 there is a procession of the Our Lady of New York for two weeks of rehearsals at United States deaf and hard of hearing ath- Mount Carmel statute and a float featuring a SUNY-Purchase, and then embark on an letes and coaches are training for Sofia to rep- young girl chosen to portray the feast’s icon. international tour that includes a debut per- resent the U.S. in 11 sports. Among them will The procession travels through an arch lo- formance at the Kennedy Center in Wash- be Jon Mowl of Alexandria, Virginia who will cated behind the church, which was perma- ington, DC, as well as performances in Mos- be competing in team handball. nently installed and then two smaller tem- cow, St. Petersburg, and London. The last An accomplished athlete, Jon scored over porary arches which have been erected for the concert in London will be broadcast as part of 1,300 in his four year career on the Gallaudet occasion. the BBC Proms. University basketball team and was on the Dozens of parishioners volunteer their time, While there are many terrific local and re- team that went to the 2007 World Deaf Bas- working arduously for weeks preparing for this gional youth orchestras (such as the Roch- ketball Championships. This earned him a annual event. Two hundred pounds of ground ester Philharmonic Youth Orchestra) in this spot on the U.S. Deaflympics gold medal win- beef, two hundred forty pounds of sausage, country and several successful national youth ning basketball team at the 2009 Deaflympics five hundred pounds of onions, over two thou- orchestras in other countries, the National in Taiwan. sand pounds of veal hearts and more than Youth Orchestra of the United States of Amer- Mowl graduated from Gallaudet with a four thousand pounds of dough—the food ica is a unique and unparalleled opportunity Bachelor of Science in mathematics and went preparation is a massive undertaking which for young, high school-aged musicians in the on to become an adjunct mathematics pro- utilizes the two permanent kitchens in the United States to be recognized as the pin- fessor at Gallaudet for a semester before get- church hall as well as an industrial stove that nacle of our music training system. The suc- ting a job at the Department of Health and is temporarily installed. Sausage and peppers, cess of Venezuela’s El Sistema has generated Human Services. He was hired into the Work- soffritto and fried dough are among the feast increased international interest in the value of force Recruitment Program and later favorites. youth orchestras, and in my role as the Chair transitioned to DLA Finance Energy. Mowl’s Perhaps what is most special about the of the Congressional Arts Caucus, I am thrilled primary responsibilities are budget formulation Feast is that it is a means to preserve, cele- that Carnegie Hall has spearheaded this initia- and execution of the $425 million sustainment, brate, and pass on the culture and traditions tive to showcase America’s finest young musi- restoration and modernization program at DLA of this Italian-American community. People cians and reinvigorate interest in youth musi- Finance Energy. across the country struggle to create a sense cianship at home and abroad. Since the 1935 London Summer of community—a sense of belonging. Over the I am proud of Ms. Thomas, and proud of the Deaflympics, the United States of America course of its 75 year history, the Our Lady of entire group of musicians selected to rep- Deaf Sports Federation has been sending elite Mount Carmel Feast has served as a way for resent their hometowns and the United States deaf and hard of hearing Americans to com- the families of Waterbury to do just that. as cultural ambassadors during their time with pete in the Deaflympics. USA Deaf Sports It is events like the Our Lady of Mount Car- the National Youth Orchestra. I encourage all Federation (USADSF) is the only national ath- mel Feast, those forged in the bonds of family of my colleagues—many, many of whom also letic association in the United States that co- and community, which allow generation after have constituents who were chosen—to join ordinates the participation of American deaf generation to understand and celebrate their me in wishing these extraordinary young and and hard of hearing individuals in international shared heritage. They enrich our communities talented individuals the best of luck on their sport competitions. USADSF is affiliated with as well as renew our commitment to faith and tour. Many congratulations to Ms. Thomas and the International Committee of Sports for the family. I am honored to stand today to extend to Carnegie Hall in this endeavor. Deaf (ICSD) and the International Olympic my warmest congratulations to the Our Lady Committee (IOC). They support teams in 17 f of Mount Carmel Parish and its many families sports and represent over 100,000 deaf and as they celebrate the 75th anniversary of their HONORING DERREK COLLEY hard of hearing athletes in the United States Feast. The annual tradition is a community and have sent 2,031 Deaflympians to the treasure and I wish them all the best for many HON. STEPHEN LEE FINCHER Summer and Winter Deaflympics since 1935. more successful years to come. OF TENNESSEE The Deaflympics were the first international IN THE HOUSE OF REPRESENTATIVES games for athletes with disabilities and, dif- f ferent from many other games, because ath- HONORING MARTINE THOMAS OF Tuesday, July 16, 2013 letes cannot be guided by sounds (i.e. a start- ROCHESTER, NY ON HER SELEC- Mr. FINCHER. Mr. Speaker, I rise today to ers gun), they must rely on other methods of TION TO THE NATIONAL YOUTH honor Paris Police Patrolman Derrek Colley competition and refereeing. ORCHESTRA OF THE UNITED for his bravery in the line of duty. Because of Mr. Speaker, Jon Mowl and his 179 team- STATES OF AMERICA Officer Colley’s courage in the face of danger, mates deserve this body’s support. Their suc- the city of Paris, Tennessee narrowly avoided cess is an example of preserving talent a tragedy. through resilience and dedication in the face HON. LOUISE McINTOSH SLAUGHTER OF NEW YORK On January 24, 2013, Officer Colley re- of hardship. IN THE HOUSE OF REPRESENTATIVES sponded to a call at Pine Ridge Apartments, f a local apartment complex. After hearing calls Tuesday, July 16, 2013 HONORING OUR LADY OF MOUNT for help, he located a man standing in the CARMEL CHURCH AS THEY CELE- Ms. SLAUGHTER. Mr. Speaker, I rise today doorway of Apartment 710. The man was en- BRATE THEIR 75TH ANNUAL in honor of a talented young musician from the gulfed in smoke, and he was unable to move FEAST 25th District of New York. Martine Thomas of himself to safety. Additionally, there were sev- Rochester was selected on March 4th to par- eral oxygen tanks in the apartment, and the HON. ROSA L. DeLAURO ticipate in the first National Youth Orchestra of man feared a catastrophic explosion as the the United States of America. flames slowly spread toward them. OF CONNECTICUT Ms. Thomas, a student at the Joseph C. In spite of the chaos and confusion, Officer IN THE HOUSE OF REPRESENTATIVES Wilson Magnet High School, plays viola. She Colley remained calm and professional. Dis- Tuesday, July 16, 2013 is also a member of the Rochester Phil- regarding his own safety, Officer Colley res- Ms. DELAURO. Mr. Speaker, it is my pleas- harmonic Youth Orchestra. In addition to her cued the immobilized man and pulled him to ure to rise today to join the many families, pa- orchestral commitments Ms. Thomas is a safety. Then, he called for additional backup

VerDate Mar 15 2010 04:52 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JY8.002 E16JYPT1 tjames on DSK6SPTVN1PROD with REMARKS July 16, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1063 of emergency services to fight the fire, and James Darby and Patrick Bova, a Chicago Ladera Ranch; and two grandchildren. Pre- began evacuating the other apartments. couple whose patriotic advocacy is improving ceding his death were his wife of 61 years, Mr. Speaker, the citizens of Paris, Ten- the lives of gay and lesbian Americans in Illi- Dorothy Gorr, who died in 2008, three broth- nessee are safer because of the selfless acts nois and across the country. ers and five sisters. of bravery from public servants like Officer f Walter R. Gorr was a retired Tracy High Colley. We are lucky to have such profes- School teacher but is probably best known as HONORING THE 100TH ANNIVER- sional and well–trained personnel to protect Tracy’s last Pearl Harbor survivor. our community. I am honored to join his col- SARY OF THE RAMSEY COUNTY Mr. Speaker, please join me in honoring leagues and neighbors in applauding him for FAIR Walter R. Gorr for his accomplishments and his courage. contributions. He will be remembered as a f HON. BETTY McCOLLUM highly respected Tracy school teacher and for CELEBRATING JAMES DARBY AND OF MINNESOTA his efforts in bettering and developing services PATRICK BOVA IN THE HOUSE OF REPRESENTATIVES for veterans. Tuesday, July 16, 2013 f HON. MIKE QUIGLEY Ms. MCCOLLUM. Mr. Speaker, today I rise to OF ILLINOIS pay tribute to the many dedicated volunteers, THE INTRODUCTION OF THE FED- IN THE HOUSE OF REPRESENTATIVES exhibitors, sponsors and visitors of the ERAL EMPLOYEE SHORT-TERM Tuesday, July 16, 2013 Ramsey County Fair on the occasion of the DISABILITY INSURANCE ACT OF Mr. QUIGLEY. Mr. Speaker, I rise today to 100th anniversary of this community festival. 2013 recognize and celebrate the 50th anniversary This annual fair attracts thousands of of James Darby and Patrick Bova. Since attendees through a wide variety of events 1963, Jim and Patrick have been in a loving, and activities that entertain families today. HON. ELEANOR HOLMES NORTON devoted relationship and together they have The Ramsey County Fair began in 1913 in OF THE DISTRICT OF COLUMBIA White Bear Lake, Minnesota as a simple agri- fought to secure marriage equality in Illinois IN THE HOUSE OF REPRESENTATIVES and to allow gay and lesbian Americans to cultural event where farmers showcased serve openly in the armed forces. I am proud produce and livestock as well as recent inno- Tuesday, July 16, 2013 vations. As the rural parts of Ramsey County to recognize this Chicago couple who have Ms. NORTON. Mr. Speaker, today, as many gave way to suburban development during the been at the forefront of the fight for equality in our federal workers face furloughs and a third 1950’s, the fair had to adjust its events to ap- Illinois and across the country. year of pay freezes, I introduce the Federal peal to a new generation of visitors. Creative Jim was born and raised on the south side Employee Short-Term Disability Insurance Act arts activities and shows became more preva- of Chicago, where he worked in the stock- of 2013, which will help provide some financial lent than traditional agriculture. As local histo- yards before enlisting in the Navy. He served relief for federal employees who suffer a short- rian Jim Lindner has said ‘‘the fair had to four years during the Korean War as a Com- term injury or disability. This bill will offer fed- change to stay relevant, and it did.’’ In 1953, munications Technician Second Class. In this eral employees short-term disability insurance the White Bear Lake School Board purchased role, Jim worked as a cryptographer and Rus- at no cost to the federal government. Employ- the former fairgrounds to expand a local sian linguist and earned both the National De- ees will be responsible for 100 percent of the school, forcing the fair to find a new home. fense Service Medal and the Naval Occupa- premiums. If federal employees elect to pur- The fair opened in its current location in Ma- tion Service Medal. chase the short-term insurance provided for in plewood, Minnesota in 1954 on what was Patrick grew up in Pennsylvania and at- my bill, and they become injured or ill because known as the Ramsey County Poor Farm. tended Georgetown University in Washington, of a non-work-related injury or illness, they will As the Ramsey County Fair prepares to D.C. before moving to Chicago in 1960 to at- be able to collect disability insurance benefits, begin its second century of community cele- tend the University of Chicago Graduate for up to one year, to replace a portion of their bration, the event continues to educate, enter- School in Education. lost income. After Jim’s honorable discharge from the tain and delight families from across the Saint military, he met Patrick in Chicago on July 17, Paul-Minneapolis metropolitan area. Mr. I decided to investigate how we could pro- 1963. They have been in a committed relation- Speaker, in honor of the 100th Anniversary of vide short-term disability insurance to federal ship ever since. Jim spent a 29-year career as the Ramsey County Fair, I am pleased to sub- employees after learning that many of them al- a teacher in the Chicago Public Schools mit this statement. ready buy short-term disability insurance as in- dividuals in the private market at high rates. where he was recognized in 1985 as the Out- f standing Teacher of the Year. Patrick spent a Although federal employees have good health career working at the National Opinion Re- HONORING PEARL HARBOR insurance, federal health benefits do not re- search Center. When Illinois legalized same- SURVIVOR WALTER R. GORR place lost income if employees are unable to sex civil unions in 2011, Jim and Patrick were work. And, while federal employees may have among the first couples to share in that new HON. JEFF DENHAM available sick or annual leave days, they may not have enough such days if they have to be form of partnership. OF CALIFORNIA out of work for an extended period of time. Together, Jim and Patrick have been work- IN THE HOUSE OF REPRESENTATIVES ing to ensure equality for all Americans serv- Moreover, although there are long-term dis- Tuesday, July 16, 2013 ing in our armed forces. Jim founded the Chi- ability options for federal employees who be- cago chapter of American Veterans for Equal Mr. DENHAM. Mr. Speaker, I rise today to come permanently disabled, federal employ- Rights (AVER) in 1992 and served for many honor Pearl Harbor survivor Walter R. Gorr, ees do not qualify for such benefits if they years on the organization’s executive board. who passed away on July 8. Staff Sergeant have not worked for at least 18 months. My Jim and Patrick have attended every AVER Gorr served the United States of America hon- bill does no more than put federal employees conference since 1992 and fought together to orably and earned a Bronze Star. in the same position as their private sector end discrimination against gay men and les- Mr. Gorr was born in Shell Lake, Wis., on counterparts, who have access to disability in- bians serving in the United States Armed July 4, 1918. He was living in Tracy, California surance through their employers at group Forces and for the repeal of Don’t Ask Don’t at the Astoria Gardens care facility following a rates. The bill will not allow participating insur- Tell. long illness. ance companies to exclude persons based on Jim and Patrick are also active in the fight In addition to serving in the United States pre-existing conditions. And, because of the for marriage equality in Illinois. As the lead Army, Mr. Gorr was a member of Mount Oso federal government’s purchasing power, the plaintiffs in Darby v. Orr, the case before the Masonic Lodge, the Order of the Eastern Star, bill will provide all of these benefits at a more Illinois Supreme Court challenging the ban on the Tracy American Legion and Veterans of competitive rate than is available if an em- marriage equality as unconstitutional, Jim’s Foreign Wars posts and several other organi- ployee sought such insurance as an individual. and Patrick’s advocacy and testimony have zations. He was a proud member of the First According to the Social Security Administra- been instrumental in the fight to bring equal United Methodist Church. tion, studies indicate that a 20-year-old worker rights to all citizens of Illinois. Mr. Gorr leaves behind a son, Darrell Gorr, has a one in four chance of becoming dis- Mr. Speaker, I ask my colleagues to join me and his wife, Sherry, of San Jose; a daughter, abled by retirement age. The majority of dis- in recognition of the 50th Anniversary of Linda Hahn, and her husband, Mark, of abilities are not caused by major accidents,

VerDate Mar 15 2010 04:52 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K16JY8.002 E16JYPT1 tjames on DSK6SPTVN1PROD with REMARKS E1064 CONGRESSIONAL RECORD — Extensions of Remarks July 16, 2013 but by conditions or illnesses, such as cancer Crosswhite, a lifelong teacher and mentor ice. These two values, coupled with the entre- or back injuries, according to the Council for from Springfield, Missouri. As a boy, Joe grew preneurial spirit, compassionate care, and Disability Awareness. up during the Great Depression taking any job friendly service, promise that TLC Properties I strongly urge my colleagues to support this he could find to help his family pay the bills. will continue to grow, succeed, and serve the bill. After marrying his high school sweetheart, Springfield area for years to come. f Dorothy Berry, he enrolled at the University of However, the business success of TLC OUR UNCONSCIONABLE NATIONAL Missouri, Columbia, and earned his B.S. in Properties over the last 25 years does not out- DEBT Education with dual majors in Mathematics shine their contributions to the community; and English Literature. He taught high school they have donated time and money to various HON. MIKE COFFMAN mathematics in Salem, Missouri where he was worthy causes. Over the years, TLC Prop- OF COLORADO chosen as the faculty sponsor for the Class of erties has been honored with many prestigious IN THE HOUSE OF REPRESENTATIVES 1957. As a testament to his character, he not awards including the W. Curtis Strube Small Tuesday, July 16, 2013 only mentored that class for the next four Business of the Year Award in 2009 and the years of high school, but maintained a 60 year Springfield News-Leader Best Property Man- Mr. COFFMAN. Mr. Speaker, on January relationship with his students, attending class 20, 2009, the day President Obama took of- agement Company Award for the years 2009– reunions and other events. 2012. fice, the national debt was Dr. Crosswhite earned his M.Ed. in Sec- $10,626,877,048,913.08. ondary Education and Ph.D. in Mathematics I am honored to recognize TLC Properties, Today, it is $16,738,188,365,630.03. We’ve education before retiring from The Ohio State Sam, Carol, their sons, and their outstanding added $6,111,311,316,716.95 to our debt in University with the title of Professor Emeritus staff for the service they have given to the 4.5 years. This is $6 trillion in debt our nation, Springfield area for the past 25 years. our economy, and our children could have and accepting a full time position as President of the National Council of Teachers of Mathe- avoided with a balanced budget amendment. f f matics. Dr. Crosswhite was the President of the National Council of Teachers of Mathe- RECOGNIZING ERNEST J. GAINES ON THE RETIREMENT OF BELLE matics (NCTM) from 1984–1986 when the na- GROVE PLANTATION DIRECTOR, FOR RECEIVING THE NATIONAL tional mathematics standards were first being ELIZABETH MCCLUNG MEDAL OF ARTS FROM THE developed. This was the first attempt by an or- PRESIDENT OF THE UNITED ganization to develop national standards and STATES guidelines for the teaching and learning of any HON. FRANK R. WOLF subject. He finished his career at Northern Ari- HON. CHARLES W. BOUSTANY, JR. zona University as a professor of Mathe- OF VIRGINIA OF LOUISIANA matics. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Joe has shown his incredible ability to trans- Tuesday, July 16, 2013 form lives and encourage students to strive to- Tuesday, July 16, 2013 Mr. BOUSTANY. Mr. Speaker, I rise today ward their dreams. There are two separate Mr. WOLF. Mr. Speaker, I rise today to rec- to honor Dr. Ernest J. Gaines for receiving the scholarships given in his name to students ognize and honor Elizabeth McClung, the ex- National Medal of Arts from the President of who demonstrate excellence in mathematics. ecutive director of Belle Grove Plantation in the United States for his achievements as an Joe’s many accolades do not outshine his love Middletown, Virginia, who will retire at the end author and teacher in the state of Louisiana. of teaching or his unparalleled devotion to his of this month. When presenting this award, President students, for which he will always be remem- Barack Obama praised Dr. Gaines for rising bered. He is well respected and loved by all Elizabeth has led Belle Grove for 17 years above early childhood adversities in the seg- who know him. and I have had the privilege of working with regated rural south to make unique contribu- f her many times over the years. We both worked to establish Cedar Creek and Belle tions to American literature. The President PERSONAL EXPLANATION also thanked Gaines for spending ‘‘more than Grove National Park, which would not have 20 years teaching college students to find their been successful without her hard work and own voices and reclaiming some of the stories HON. TOM COLE dedication. She has also made extraordinary of their own families and their own lives.’’ OF OKLAHOMA improvements to the manor through her pas- Describing his journey as a novelist, Gaines IN THE HOUSE OF REPRESENTATIVES sion for restoration and historic preservation. once said, it was ‘‘only when I tried to write Tuesday, July 16, 2013 I want to commend Elizabeth on an out- about Louisiana, that I really put everything I standing job. I wish her all the best in her re- Mr. COLE. Mr. Speaker, on July 10, 2013, had—my soul—and everything I had into it.’’ tirement in Highland County. Gaines said he traveled swamps, bayous, res- I was unavoidably detained and was not taurants and bars throughout South Louisiana present for rollcall vote No. 343. Had I been I submit a recent news article from the Win- to prepare to write his classic novel, A Lesson present, I would have voted ‘‘no.’’ chester Star on Elizabeth’s remarkable career. Before Dying. Following its publication, he re- f [From the Winchester Star, July 9, 2013] ceived a Pulitzer Prize nomination and the Na- CELEBRATING TLC PROPERTIES EXITING BELLE GROVE DIRECTOR RECEIVES tional Book Critics Circle Award. Screen play 25TH ANNIVERSARY PRAISE adaptations of three of his novels have also broadcast on CBS and HBO. (By Laura McFarland) As writer-in-residence emeritus at the Uni- HON. BILLY LONG MIDDLETOWN.—Belle Grove Plantation Ex- versity of Louisiana at Lafayette, Dr. Gaines OF MISSOURI ecutive Director Elizabeth McClung is going holds numerous honors, including the National IN THE HOUSE OF REPRESENTATIVES out on a high note. With the house in good Humanities Medal and recognition by the Tuesday, July 16, 2013 shape, visitation up, and a ‘‘great board in Academy of Achievement, the American Acad- place,’’ she said she is leaving Belle Grove in emy of Arts and Letters, and the Order of Art Mr. LONG. Mr. Speaker, I rise today to rec- good hands. and Letters in France. ognize and honor the 25th Anniversary of TLC She will retire July 31 after almost 17 Louisiana is blessed to have this world-fa- Properties. years with the historic house in Middletown. mous author among us. As a national treas- TLC Properties was founded 25 years ago Although there are plenty of new mile- ure, his books will continue to inspire future by Sam and Carol Coryell. The Coryells were stones ahead for the historic manor, generations of Americans. college music teachers who had a desire to McClung said she doesn’t have any regrets in f establish a real-estate business to supplement leaving them to her successor. She is proud their income and retirement and to fulfill a of what she accomplished at Belle Grove dur- HONORING DR. F. JOE dream of owning their own business. Over the ing her time and will remain an ‘‘enthusi- CROSSWHITE last 25 years, Sam and Carol have grown their astic supporter and continue cheering from the grandstands.’’ business from just a handful of units to ap- HON. JASON T. SMITH proximately 3,000 units in the Springfield area. ‘‘I wanted to leave on an upswing, and I OF MISSOURI also didn’t want to stay long enough to be- In 1999, Sam and Carol welcomed their come an antique,’’ she said with a laugh. IN THE HOUSE OF REPRESENTATIVES three sons Sam M., Daniel, and David to the Tuesday, July 16, 2013 McClung gave her notice to Belle Grove’s family business. The elder Coryells were sure board of directors in March and a search Mr. SMITH of Missouri. Mr. Speaker, I rise to pass on to their sons the two leading values committee was formed to fill the position, today to honor the career of Dr. F. Joe of TLC Properties: strong character and serv- said John Adamson, chairman of the board.

VerDate Mar 15 2010 04:52 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A16JY8.008 E16JYPT1 tjames on DSK6SPTVN1PROD with REMARKS July 16, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1065 An announcement about her replacement ‘‘while still keeping the important historic has been a critically important advocate for could be made as early as this week. structures true to their period,’’ McClung airport neighbors and airport users and he will During McClung’s time at Belle Grove, she said. be greatly missed. demonstrated that running the house was as ‘‘There were no computers. There were no much about helping it become part of the financial systems in place. We were the mule Bob discovered his love of aviation early in community as ‘‘preserving limestone walls train on the information highway,’’ she said. life. He got his first real taste of flying at the and beautiful grounds,’’ Adamson said. He ‘‘We had no Internet or hadn’t dreamed of Hawthorne Municipal Airport, where he flew praised her for doing the latter as well. getting email because we didn’t have any his first plane at the age of fourteen. He later TRIPLED HOLDINGS computers.’’ became a private pilot, a commercial pilot and In more recent years, she faced the same Under McClung, Belle Grove has tripled its in 1983 was hired as the Airport Manager in problem as other nonprofit groups in strug- property holdings with the acquisition of 183 Hawthorne, where he worked for 10 years. He gling to fund operating costs, she said. adjacent acres and of Bowman’s Fort near spent three years in Reno, Nevada serving as There were cuts in funding from the state Strasburg, Adamson said. the Airport Manager at the Reno Stead Airport and federal levels and private foundations, Both of these historic sites are within the who were no longer providing unrestricted before the City of Santa Monica hired him as boundaries of the Cedar Creek and Belle funds, she said. They began focusing instead Airport Director for SMO in 1996. Grove National Historical Park, he said. on fundraising for special projects. Bob took real pride in telling the story of the McClung championed the need for the ‘‘When you have a house that was built in rich history of the airport and delighted in park, was part of the team that wrote the 1797 and a lot of property with cattle, fences original legislation to establish it, and sharing a photo presentation about the evo- and other structures, there is always some- helped create a general management plan to lution of SMO. The airport opened in 1917, thing falling apart that you have to man- act as a road map for its future. gave flight to aviation adventurers like Amelia age,’’ she said. Adamson says the ‘‘active partnerships’’ Earhart and Bessie Coleman, and was once Over the years, McClung has maintained a McClung built with a number of organiza- small, capable staff and an active and ener- home to Douglass Aircraft, which produced tions in the community are a big part of getic group of volunteers that run the the celebrated DC–3. what made the park possible. house’s day-to-day operations and special But Bob’s lasting legacy will be his impas- ‘‘I think Elizabeth has been the glue that events, Andreae said. sioned advocacy, which made a real dif- pulled all of these together and made Belle ‘‘When we go through tough economic Grove something personal to each of these ference in the lives of airport neighbors and times, it is a difficult operation to run,’’ he organizations,’’ said Adamson, of Strasburg. users. He worked tirelessly with elected offi- said. ‘‘You have to be on your toes and be cials, the commissioners, and the surrounding MANOR HOUSE IMPROVEMENTS out raising money and keeping your staff community to promote transparency and seek and volunteers happy. They are the people That energy was also focused on Belle solutions to the challenges facing the airport. Grove, whether it was creating or putting to- the public sees.’’ gether an event or working to improve the Other highlights from her time at Belle I congratulate Bob on his many years of serv- house itself, said Nancy Lee Corner, lead vol- Grove that McClung looks back on proudly ice to the City of Santa Monica and wish him unteer. McClung approached the projects are restoring the historic landscape around all the best in his retirement. with a passion and organization that simply the house and gardens, beginning a junior f makes people ‘‘feel at ease as soon as they docent program to engage young people to meet her.’’ ‘‘maintain and preserve important touch- RECOGNIZING LEE GOLDMAN FOR The 1797 Manor House’s interior was re- stones,’’ and creating the Belle Grove 1797 HIS ACHIEVEMENTS IN JOUR- stored to its historically accurate appear- Whiskey and Belle Grove 1797 Whiskey NALISM ance and the structure and its outbuildings Chocolates. were repaired using historic preservation FUTURE PLANS practices, she said. After working at Belle Grove for almost 17 HON. MARK MEADOWS ‘‘All the things she has done to bring that years and in the nonprofit sector overall for OF NORTH CAROLINA about on the decorative part of the house— more than 40 years, McClung, who declined the carpet, the painting, the furniture—all of IN THE HOUSE OF REPRESENTATIVES to share her age, said she is eager for that has contributed greatly to the house unstructured time. Tuesday, July 16, 2013 and interpreting it,’’ said Comer, of Stephens She earned a bachelor’s degree in 1969 at City. Mr. MEADOWS. Mr. Speaker, I rise to con- the Tyler School of Art of Temple University Those kind of changes take money, so gratulate Lee Goldman of Flat Rock, North in Philadelphia. McClung constantly was looking for new Carolina, on having three of his columns fea- Before coming to Belle Grove, she was the fundraising ideas, ways to improve upon ex- director of development for four years at the tured on the Supreme Court’s SCOTUSblog isting ones, or grant writing opportunities, Museum of American Frontier Culture in within the past month. said Sandy Dunkle, chair-elect of the board. Staunton. For three separate articles on controversial She is a ‘‘forward thinking person’’ who is McClung and her husband, Kent, will move legal issues to gain the attention of the highest cheerful and knows how to handle herself re- to their home in Highland County, which gardless of the situation, she said. court of the land is a tremendous achievement they have owned for more than 30 years. The Dunkle praised the Hite of Excellence Din- that deserves to be commended. move will allow her to spend time on her art- ner Series—now in its 16th year—that Mr. Goldman has shared his writing talents work, which she hasn’t had time to pursue in McClung created as a fundraiser. recent years. with the 11th District of North Carolina for ‘‘It has been one of our biggest sources of ‘‘When you are the director of a nonprofit years. From 2009–2012, Mr. Goldman wrote income and that is all because Elizabeth of any kind, it is fairly strenuous. It involves an op-ed column on national politics for the McClung brought that to us. Still today, it is a lot of weekends, evenings and holidays,’’ Asheville Citizen-Times in Asheville, NC. Now, a strong part of our financial picture,’’ said McClung said. ‘‘It will be wonderful to have as he did in 2008, he writes his column for the Dunkle, of Frederick County. time off.’’ Hendersonville Times-News in Hendersonville, MAKING CHANGES f NC. McClung had a tough road ahead of her Mr. Goldman devoted a large part of his life when she took over Belle Grove in 1997, said HONORING THE DISTINGUISHED to serving in the federal government from Fred Andreae, who has been chairman of the CAREER OF BOB TRIMBORN 1964–2001. He worked as Staff Director of the board twice and served on the search com- UPON HIS RETIREMENT mittee when she was hired as well as the cur- United States Senate Subcommittee on Health rent one that will seek her successor. and Scientific Research and also as an Asso- Before she came, Belle Grove was run in a HON. HENRY A. WAXMAN ciate Director at the National Institutes of ‘‘more casual way, a little less businesslike OF CALIFORNIA Health. Mr. Goldman was a member of the way,’’ Andreae said. When McClung was IN THE HOUSE OF REPRESENTATIVES Senior Executive Service, Director of Federal hired, she put a more professional atmos- Liaison for the Association of American Med- phere in place and didn’t balk when it be- Tuesday, July 16, 2013 ical Colleges and a Senior Policy Advisor for came apparent that the manor house’s fi- the National Alliance Against Mental Illness. nances were not as good as originally be- Mr. WAXMAN. Mr. Speaker, I ask my col- lieved, he said. leagues to join me today to honor the distin- Mr. Speaker, as a Representative for the The first three years were the most chal- guished career of Bob Trimborn, who retired 11th District of North Carolina, I commend Mr. lenging for her because they were all about on July 1 after seventeen years as Director of Goldman for his talents and thank him for his bringing the house into the 21st century the Santa Monica Airport. Over the years, Bob contributions to our district and nation.

VerDate Mar 15 2010 04:52 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A16JY8.014 E16JYPT1 tjames on DSK6SPTVN1PROD with REMARKS E1066 CONGRESSIONAL RECORD — Extensions of Remarks July 16, 2013 INTRODUCING THE ‘‘SAVING Mrs. Bessie Gray was born in Pine Bluff, Ar- county seat and is a regional center for AMERICA’S POLLINATORS ACT kansas and moved to Milwaukee after grad- Downeast Maine, with agricultural, commer- OF 2013’’ uating from high school, where she met and cial, and educational resources that are uti- married her husband, Percy. She began her lized and embraced by thousands of nearby HON. JOHN CONYERS, JR. child care business in her home in 1973 after Mainers. OF MICHIGAN working as a Head Start volunteer. Gray’s The town was settled in 1763 and named IN THE HOUSE OF REPRESENTATIVES Child Development Center, Inc. became a after Oliver Ellsworth, a delegate to the 1787 Tuesday, July 16, 2013 nonprofit organization and was accredited by United States Constitutional Convention. The the National Association for the Education of city combines a comfortable small town feel Mr. CONYERS. Mr. Speaker, today I rise Young Children (NAEYC). It was the first Afri- with the beautiful scenery of Maine’s coastline. with the support of my colleague and friend can American-led program in the State to One of Ellsworth’s many attractions includes Mr. BLUMENAUER of Oregon to introduce the achieve this accreditation. the Downeast Scenic Railroad, which begins ‘‘Saving America’s Pollinators Act of 2013.’’ Mrs. Gray earned her bachelor’s degree in in the town and travels along the historic, re- This legislation requires the Administrator of early childhood education from the University cently renovated, Calais Branch line. the Environmental Protection Agency to take of Wisconsin—Milwaukee and her master’s The residents of Ellsworth embody the val- swift action and prevent future mass die-offs degree in educational administrative leader- ues of the hardworking people of Maine, and of honey bees. ship from Marquette University. She was a they take great pride in the rich heritage they One of every three bites of food we eat is State certified child care trainer for many have created over the past 250 years. It is an from a crop pollinated by honey bees. These years and started hundreds of teachers on honor and a privilege to represent the people crops include: apples, avocados, cranberries, their way to successful child care careers. She of Ellsworth in Congress, and I am pleased to cherries, broccoli, peaches, carrots, grapes, served on many boards and is a past member have this opportunity to help the town cele- soybeans, sugar beets and onions. Unfortu- of Wisconsin Early Childhood Association brate its 250th anniversary. nately, unless swift action is taken, these (vice president), Midwest Early Childhood As- Mr. Speaker, please join me in congratu- crops, and numerous others, will soon dis- sociation, Black Child Development Institute, lating the people of Ellsworth and wishing appear due to the dramatic decline of honey and Easter Seals Southeastern Wisconsin. them well on this joyous occasion. bee populations throughout the country. For She continues to be available for board con- over a decade now, honey bees have been f sultation. suffering rapid population losses as a result of In 1991, Mrs. Gray began purchasing a SUPPORT OF ROBUST FUNDING a phenomenon known as ‘colony collapse dis- property on North Teutonia Avenue from the FOR THE NATIONAL INSTITUTES order.’ Another decade of these mass die-offs Sisters of Sorrowful Mother. After providing OF HEALTH AND THE NATIONAL will severely threaten our agricultural economy day care services for children at this site for CANCER INSTITUTE and food supply system. three years, the Sisters gifted the property to Scientists have reported that common Mrs. Gray. For the next 20 years, Gray’s oper- symptoms of this decline are attributed to the HON. EDDIE BERNICE JOHNSON ated out of that facility until its closure in 2011. OF TEXAS use of a class of insecticides known as Many honors and awards have been be- neonicotinoids. The ’Saving America’s Polli- IN THE HOUSE OF REPRESENTATIVES stowed upon Mrs. Gray during her career, in- nators Act’ will address the decline of honey Tuesday, July 16, 2013 cluding Milwaukeean of the Month (Milwaukee bee populations by directing the Administrator Magazine) 1981, First African American Na- Ms. EDDIE BERNICE JOHNSON of Texas. of the Environmental Protection Agency to tionally Accredited Child Care Center in Wis- Mr. Speaker, I rise in support of robust funding suspend the registration of certain consin 1994, State of Wisconsin Annual Martin for the National Institutes of Health and the neonicotinoids—known as imidacloprid, Luther King Jr. Heritage Award 2001, and National Cancer Institute. This funding is criti- clothianidin, thiamethoxam, dinotafuran—and Black Child Development Wisconsin Affiliate/ cally necessary to support life-saving research any other members of the nitro group of Child Care category 2009. She has touched for diseases like pancreatic cancer. neonicotinoid insecticides until the Adminis- the lives of thousands during her 48 years of In the 112th Congress, I cosponsored the trator has made a determination that such in- service to children and their futures. When Recalcitrant Cancer Research Act, which calls secticides will not cause unreasonable ad- parents could not afford to pay the child care on the National Cancer Institute to develop a verse effects on pollinators based on an eval- fees, she absorbed these costs to ensure that scientific framework for combating pancreatic uation of peer-review scientific evidence and a parents could maintain employment stability or cancer and lung cancer. This scientific frame- completed field study. The bill will also require finish their schooling. work will identify the most promising avenues the Secretary of the Interior, in coordination Bessie Gray is a woman armed with a for research and coordinate resources to with the Administrator of the Environmental strong personal faith. She taught Sunday achieve a greater impact. Protection Agency, to regularly monitor the school and provided a nursing home ministry. Mr. Speaker, strategic investment in pan- health and population status of native bees She was married to Percy Gray, Sr. for over creatic cancer research is absolutely crucial. and identify the scope and likely causes of un- 55 years until his passing in December 2010, While overall cancer incidence and death usual native bee mortality. and is the mother of nine children, with 23 rates are declining, pancreatic cancer remains This legislation is extremely critical to exam- the deadliest of all major forms of cancer. ining the death of honey bees and will allow grandchildren and several great grandchildren. Mr. Speaker, for these reasons, I am hon- Pancreatic cancer has a devastatingly low us the opportunity to adequately secure our five-year survival rate of just six percent, and future food supply. I urge my colleagues to ored to pay tribute to Bessie M. Gray, my friend. Mrs. Gray’s contributions have greatly it will impact over 45,000 Americans this year. support this legislation and protect America’s Unfortunately, funding for the NIH and the pollinators. benefited the citizens of the Fourth Congres- sional District. National Cancer Institute has been declining f f due to inflation and sequestration. I urge my IN TRIBUTE TO BESSIE MARIE colleagues to support a permanent fix to se- GRAY HONORING THE CITY OF questration and provide the resources needed ELLSWORTH, MAINE to help every American suffering from cancer. HON. GWEN MOORE f HON. MICHAEL H. MICHAUD OF WISCONSIN IN HONOR OF CARTERET COUNTY OF MAINE IN THE HOUSE OF REPRESENTATIVES ANIMAL SHELTER AND THE IN THE HOUSE OF REPRESENTATIVES Tuesday, July 16, 2013 ASPCA Ms. MOORE. Mr. Speaker, I rise today to Tuesday, July 16, 2013 recognize a mother, teacher, mentor, and Mr. MICHAUD. Mr. Speaker, I rise today to HON. WALTER B. JONES community leader, Bessie M. Gray. On July honor the city of Ellsworth, Maine as it cele- OF NORTH CAROLINA 21, 2013 her over 40 years of service will be brates its 250th anniversary. IN THE HOUSE OF REPRESENTATIVES celebrated and honored along with family, Located in the heart of Hancock County, friends, former employees, and former stu- and a gateway to Acadia National Park, Ells- Tuesday, July 16, 2013 dents at a program entitled, ‘‘Mother to Many, worth is one of our state’s fastest growing and Mr. JONES. Mr. Speaker, I would like to Teacher to More and Mentor to All.’’ picturesque communities. It serves as the take a moment to honor the Carteret County

VerDate Mar 15 2010 04:52 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JY8.017 E16JYPT1 tjames on DSK6SPTVN1PROD with REMARKS July 16, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E1067 Humane Society Animal Shelter, the American facturing Georgia calls the Third District home craft that Chef Killen and his staff have con- Society for the Prevention of Cruelty to Ani- and look forward to sharing many more mile- tributed. This upscale steakhouse is the only mals, and the volunteers in Carteret County, stones with them in the future. restaurant in the Pearland area serving Allen North Carolina, who answered the call to help f Brothers USDA prime beef, and I am more homeless animals in their local community. than excited to be a loyal patron. The Carteret County Animal Shelter, located IN RECOGNITION OF MR. ELLIOTT Small businesses make up the backbone of in my district, was facing the loss of its state LYNN, WINNER OF AUBURN’S PO- the U.S. economy and play a crucial role in license and possible closure unless it under- LITICAL SCIENCE LEADERSHIP American productivity and economic vitality. went significant improvement due to a tight AWARD We must continue to support small businesses budget on the local, state, and federal levels. like Killen’s Steakhouse, and I look forward to This shelter is the only facility in the area that HON. MIKE ROGERS hearing from Chef Killen as a small business provides a place for homeless pets to stay OF ALABAMA owner about the needs and concerns of the while they wait for adoption. IN THE HOUSE OF REPRESENTATIVES small business community. In an unprecedented outpouring of support Congratulations to Killen’s Steakhouse for Tuesday, July 16, 2013 from the community, more than 100 volun- achieving this prominent ranking. On behalf of teers, including 30 U.S. Marines from Marine Mr. ROGERS of Alabama. Mr. Speaker, I all residents of the Twenty-Second Congres- Corps Air Station Cherry Point, came together rise today to commend an outstanding young sional District of Texas, I am honored to rec- to renovate the facility. The ASPCA, through leader who attends Auburn University, which ognize this achievement. Our community is its nationwide grants program, was more than is a leading research and educational institu- proud that Killen’s Steakhouse calls Pearland willing to provide essential funding for supplies tion in my district in Alabama. Auburn’s polit- home. I wish Chef Killen and his staff the best and improvements as well. ical science department each year recognizes of luck in the future. As a result of this funding and assistance a student leader who excels in both the class- f from the community, the shelter was given room and the community. It’s my honor to an- PERSONAL EXPLANATION preliminary approval to reapply for its license nounce that Mr. Elliott Lynn is this year’s win- and continue its work as a safe haven for ner of Auburn’s Political Science Leadership homeless animals in Carteret County. Award. A faculty committee selected Elliott HON. RON BARBER This situation is a testament to the incred- after careful consideration of his outstanding OF ARIZONA ible results that are possible when local citi- credentials. IN THE HOUSE OF REPRESENTATIVES zens, along with national organizations like the Elliott is from Phenix City, Alabama. He is a Tuesday, July 16, 2013 ASPCA, come together to serve a community. senior political science major with an out- Mr. BARBER. Mr. Speaker, due to attending I want to thank the Carteret County Humane standing 3.95 Cumulative Grade Point Aver- the memorial for the 19 firefighters who died Society Animal Shelter, the ASPCA, and the age. Elliot is a National Merit Scholar and on fighting the wildfire in Yarnell, Arizona, I people of the Third District of North Carolina the Dean’s List. He is a member of many missed 20 recorded votes on July 9, 2013. I for their work on behalf of the homeless ani- honor societies, including Phi Eta Sigma, Pi would like to indicate at this point how I would mals in Eastern North Carolina. These individ- Sigma Alpha and Pi Lambda Sigma. Elliott is have voted had I been present for those uals and organizations have provided a tre- an Honors College Drummond Scholar and a votes. mendous service to Carteret County, and I am recipient of the Auburn University Marie Glass On rollcall vote No. 308, H. Res. 288, I pleased to have them recognized by the Ward Endowed Academic Scholarship. would have voted ‘‘yea’’ On Ordering the Pre- United States Congress. Elliott is active in helping the community, vious Question to begin consideration of the f and he participated in multiple service trips to bill (H.R. 2609) making appropriations for en- underserved communities in the U.S. and in ergy and water development and related RECOGNIZING KIA MOTORS FOR developing countries. He went to Haiti to build agencies for the fiscal year ending September THEIR ONE MILLIONTH CAR housing for the victims of the 2010 earth- 30, 2014, and for other purposes. BUILT IN WEST POINT, GA quake. He also volunteered as a teaching as- On rollcall vote No. 309, H. Res. 288, I sistant with the Victory Mission at a church in would have voted ‘‘yea’’ On Agreeing to the HON. LYNN A. WESTMORELAND Columbus, Georgia, and volunteers at the Co- Resolution for consideration of the bill (H.R. OF GEORGIA lumbus Habitat. Last summer, Elliott had the 2609) making appropriations for energy and IN THE HOUSE OF REPRESENTATIVES opportunity to intern with our colleague in the water development and related agencies for other chamber, Senator RICHARD SHELBY, and Tuesday, July 16, 2013 the fiscal year ending September 30, 2014, he has also interned with a Circuit Court and for other purposes. Mr. WESTMORELAND. Mr. Speaker, I Judge in Alabama. On rollcall vote No. 310, Journal, I would come before you today to recognize a tremen- After graduating from Auburn, Elliott plans to have voted ‘‘no’’ on approving the Journal. dous milestone for Kia Motors Manufacturing attend law school and work in human rights or On rollcall vote No. 311, H.R. 2609, the Georgia: The completion of their one millionth public interest law. He hopes his career will FY2014 Energy and Water Appropriations Bill, car built in West Point, Georgia. This is a allow him the opportunity to make a difference I would have voted ‘‘no’’ to strike the section huge achievement for Kia Motors North Amer- in the lives of others. of the bill that would prevent the Army Corps ica and for Georgia, as West Point is the first Mr. Speaker, I offer my congratulations to of Engineers from updating guidance con- Kia automobile manufacturing facility on our Elliott and thank Auburn University for pro- cerning federal jurisdiction under the Clean continent. ducing such outstanding students and citizens. Water Act. Beginning in November of 2009, Kia Motors f On rollcall vote No. 312, H.R. 2609, the Manufacturing Georgia has been rolling out FY2014 Energy and Water Appropriations Bill, cars and keeping over 11,000 Georgians em- KILLEN’S STEAKHOUSE I would have voted ‘‘no’’ to strike the section ployed. Using on-site and local suppliers, that would prevent the Army Corps of Engi- they’ve helped to grow the Third District’s HON. PETE OLSON neers from changing the definitions of ‘‘fill ma- economy with quality manufacturing, excellent OF TEXAS terial’’ or ‘‘discharge material’’ under the Clean jobs, and a deep commitment to improving our IN THE HOUSE OF REPRESENTATIVES Water Act. community. Kia Motors Manufacturing Geor- On rollcall vote No. 313, H.R. 2609, the Tuesday, July 16, 2013 gia’s continued success led to a $100 million FY2014 Energy and Water Appropriations Bill, expansion in early 2012, increasing their an- Mr. OLSON. Mr. Speaker, I rise today to I would have voted ‘‘no’’ to increase renew- nual capacity to 360,000 vehicles. In fact, the recognize Chef Ronnie Killen and the staff of able energy, energy reliability, and efficiency best-selling vehicle in the U.S., the Optima, is Killen’s Steakhouse in Pearland, Texas. It’s no by $245 million and to decrease Weapons Ac- built in West Point, Georgia. secret that Texas is known for its beef. Killen’s tivities by the same amount. One million cars in four years is a huge suc- Steakhouse has been ranked the number one On rollcall vote No. 314, H.R. 2609, the cess for Kia and for Georgia. Kia’s achieve- steakhouse in Texas and the number six FY2014 Energy and Water Appropriations Bill, ments showcase how great Georgia is for steakhouse in the United States out of The I would have voted ‘‘no’’ to increase Renew- manufacturing and business, and I thank them Daily Meal’s top 20 American Steakhouses. able Energy, Energy Reliability and Efficiency for their commitment to improving our district’s This is an exceptional honor, and reflects the by $31 million and reduces Departmental Ad- economy. I am honored that Kia Motors Manu- hard work, talent and dedication to culinary ministration by the same amount.

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Mr. Speaker, I rise today to as a running icon. I would have voted ‘‘no’’ to increase Renew- recognize Hope Carroll, winner of the Stars Nevertheless, Covert’s true impact has been able Energy, Energy Reliability, and Efficiency and Stripes Spectacular essay contest, for her on the many hundreds of students he’s by $50 million and decrease Weapons Activi- inspiring essay titled ‘‘What Freedom Means coached over the years. He instilled in them ties by the same amount. to Me.’’ I had the pleasure of listening to Hope not only the skills needed to be successful On rollcall vote No. 317, H.R. 2609, the read her essay at the annual Stars and athletes, but perhaps more important, the FY2014 Energy and Water Appropriations Bill, Stripes Spectacular on July 4th in Portland, skills needed to be successful in life, espe- I would have voted ‘‘no’’ to reduce Renewable Maine. cially dedication and perseverance in the face Energy, Energy Reliability, and Efficiency by One of the best parts of my job as a mem- of obstacles. $4.75 million and transfer the same amount to ber of Congress is having the opportunity to While few of us will choose to take on the the Spending Reduction Account. witness the great talent and potential of our challenge of running every single day for 45 On rollcall vote No. 318, H.R. 2609, the nation’s young people. This rising 6th grader, years, we can all strive to learn from and per- FY2014 Energy and Water Appropriations Bill, from Lincoln Middle School, represents the haps live by his main principle: Never Miss. I would have voted ‘‘yea’’ to increase Renew- best and brightest among them. I would like to He may physically end his streak on July 23, able Energy, Energy Reliability, and Efficiency take this opportunity to share Hope Carroll’s but his dogged determination and commitment by $1 million and decrease Departmental Ad- essay with the House of Representatives. to leading by example will carry on. ministration by the same amount. On rollcall vote No. 319, H.R. 2609, the Freedom is bravery, confidence and love. f FY2014 Energy and Water Appropriations Bill, Bravery is standing up for your freedom, confidence helps you believe in your free- INTRODUCING THE AIRLINE PILOT I would have voted ‘‘no’’ to reduce the Renew- dom, confidence helps you believe in your PENSION FAIRNESS ACT able Energy, Energy Reliability, and Efficiency freedom and love takes care of it. Freedom is and Fossil Energy Research and Development laughing and crying. When my family laughs HON. GEORGE MILLER by $1.5 billion collectively, and transfer the together there is not a care in the world and OF CALIFORNIA same amount to the Spending Reduction Ac- that is freedom. We cry together, it is the count. way we express our sadness, that is freedom. IN THE HOUSE OF REPRESENTATIVES On rollcall vote No. 320, H.R. 2609, the Freedom is dancing around the room when Tuesday, July 16, 2013 FY2014 Energy and Water Appropriations Bill, no is watching because being silly and happy is freedom. Freedom is nature, beautiful Mr. GEORGE MILLER of California. Mr. I would have voted ‘‘yea’’ to increase Renew- Speaker, today, I am proud to introduce the able Energy, Energy Reliability, and Efficiency trees and lovely pink flowers. Freedom is bravery, confidence, love, laughing, crying, Airline Pilot Pension Fairness Act, legislation by $10 million and decrease Departmental Ad- silly, happy and beautiful. that would prevent deep, unfair cuts in pilots’ ministration by the same amount. retirement benefits. On rollcall vote No. 321, H.R. 2609, the Hope showed bravery and confidence well Nearly forty years ago, Congress estab- FY2014 Energy and Water Appropriations Bill, beyond her years in reading her essay, and I lished the Pension Benefit Guaranty Corpora- I would have voted ‘‘no’’ to increase Renew- look forward to following her progress as a tion to insure the pension benefits of American able Energy, Energy Reliability, and Efficiency writer. workers. When employers terminate their by $15 million and decrease Weapons Activi- Mr. Speaker, please join me in congratu- workers’ traditional pension plans, the PBGC ties by the same amount. lating Hope Carroll, winner of the Stars and On rollcall vote No. 322, H.R. 2609, the Stripes Spectacular essay contest. takes the plans over and makes monthly pay- FY2014 Energy and Water Appropriations Bill, f ments to plan participants who are retired. When the PBGC takes over a company’s I would have voted ‘‘no’’ to increase Renew- HONORING MARK COVERT able Energy, Energy Reliability, and Efficiency pension plan, the plan participants do not al- by $15.5 million and reduce Weapons Activi- ways receive the same benefit they would ties by the same amount. HON. EARL BLUMENAUER have received if their plan had not terminated. On rollcall vote No. 323, H.R. 2609, the OF OREGON For example, workers who retire before age FY2014 Energy and Water Appropriations Bill, IN THE HOUSE OF REPRESENTATIVES 65—which the law considers ‘‘normal’’ retire- ment age—receive reduced benefits to reflect I would have voted ‘‘no’’ to increase Renew- Tuesday, July 16, 2013 able Energy, Energy Reliability, and Efficiency the longer period that these retirees likely will by $20 million and reduce Weapons Activities Mr. BLUMENAUER. Mr. Speaker, I rise receive benefits. by the same amount. today to mark the end of an era. On July 23, This is bad news for many pilots. Until 2007, On rollcall vote No. 324, H.R. 2609, the 2013, the man who holds the U.S. record— under Federal Aviation Administration rules, FY2014 Energy and Water Appropriations Bill, and possibly the world record—for the longest airline pilots were required to retire at age 60. I would have voted ‘‘no’’ to increase Renew- continuous running streak will be hanging up As a result, pilots whose pension plans were able Energy, Energy Reliability, and Efficiency his shoes. Mark Covert, a legend in the world terminated—like the pilots at United Airlines by $40 million and reduce Weapons Activities of track and field, has run at least one mile and US Airways—wound up taking drastic by the same amount. every day for the last 45 years. cuts to their pension benefits because the On rollcall vote No. 325, H.R. 2609, the In D.C. terms, that means he has run PBGC treated age 60 as an early retirement FY2014 Energy and Water Appropriations Bill, through nine presidential administrations, age and cut pilots’ guaranteed benefits as a I would have voted ‘‘no’’ to decrease Nuclear seven economic recessions and over 20 ses- result. Energy by $25 million and increases Office of sions of Congress. On a personal level, he This problem was caused because the Science account by the same amount. has laced up his shoes every day through FAA’s mandatory pilot retirement age of 60 On rollcall vote No. 326, H.R. 2609, the storms, heat waves, illnesses, surgery and and ERISA’s normal retirement age of 65 FY2014 Energy and Water Appropriations Bill, even the births of his four children. If you ask were not aligned. ERISA does not provide a I would have voted ‘‘no’’ to reduce Fossil En- him how he did it, he’ll tell you it would never special rule for pilots. Pilots earn every dime ergy Research and Development and Weap- have been possible without the full support of their pension benefits and they didn’t ons Activities by $127 million collectively and and encouragement of his wife Debi—espe- choose to retire at age 60. The time to fix this increase Advanced Research Projects Agen- cially on the birthdays. problem is today. cy—Energy by the same amount. Not only has he run through history, he has The Airline Pilot Pension Fairness Act would On rollcall vote No. 327, H.R. 2609, the made it. In the 1972 U.S. Olympic Marathon put airline pilots subject to the old FAA rule on FY2014 Energy and Water Appropriations Bill, Trials, Covert was the first athlete to cross a equal ground with other workers by requiring I would have voted ‘‘no’’ to increase Office of finish line wearing an unusual pair of shoes the PBGC to treat age 60 as the normal retire- Science account by $500 million and decrease with rubber soles that were made on a waffle ment age for these pilots—not as an early re- Weapons Activities by the same amount. iron. An entrepreneur by the name of Bill tirement age. In other words, these pilots

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HIGHLIGHTS Senator-Elect Edward J. Markey, of Massachusetts, was administered the oath of office by the Vice President. Senate nomination of Fred P. Hochberg, of New York, to Chamber Action be President of the Export-Import Bank of the Routine Proceedings, pages S5691–S5715 United States, occur at 10:00 a.m., on Wednesday, Measures Introduced: Fourteen bills and one reso- July 17, 2013. Page S5704 lution were introduced, as follows: S. 1297–1310, A unanimous-consent agreement was reached pro- and S. Res. 196. Page S5708 viding that at approximately 9:30 a.m., on Wednes- day, July 17, 2013, Senate resume consideration of Measures Passed: the nomination, and that the time until 10:00 a.m., Majority Party’s Committee Membership: Senate be equally divided and controlled between the two agreed to S. Res. 196, to constitute the majority par- Leaders, or their designees. Page S5713 ty’s membership on certain committees for the One Nomination Confirmed: Senate confirmed the fol- Hundred Thirteenth Congress, or until their succes- lowing nomination: sors are chosen. Page S5713 By 66 yeas to 34 nays (Vote No. EX. 174), Rich- Measures Considered: ard Cordray, of Ohio, to be Director, Bureau of Con- Keep Student Loans Affordable Act: Senate began sumer Financial Protection. Pages S5692–98, S5698–S5705 consideration of the motion to proceed to consider- During consideration of this nomination today, ation of S. 1238, to amend the Higher Education Senate also took the following action: Act of 1965 to extend the current reduced interest By 71 yeas to 29 nays (Vote No. 173), three-fifths rate for undergraduate Federal Direct Stafford Loans of those Senators duly chosen and sworn, having for 1 year, to modify required distribution rules for voted in the affirmative, Senate agreed to the motion pension plans. Page S5691 to close further debate on the nomination. Swearing in of Senator Markey: The Chair laid be- Pages S5694–95 fore the Senate the certificate of election of Senator- Nominations Received: Senate received the fol- elect Edward J. Markey, of the Commonwealth of lowing nominations: Massachusetts, and the oath of office was then ad- Kent Yoshiho Hirozawa, of New York, to be a ministered as required by the U.S. Constitution and Member of the National Labor Relations Board for prescribed by law. Page S5691 the term of five years expiring August 27, 2016. Cloture Motions Withdrawn—Agreement: A Nancy Jean Schiffer, of Maryland, to be a Member unanimous-consent agreement was reached providing of the National Labor Relations Board for the term that the cloture motions with respect to the nomina- of five years expiring December 16, 2014. tions of Richard F. Griffin, Jr., and Sharon Block, 1 Air Force nomination in the rank of general. both of the District of Columbia, and Mark Gaston 1 Army nomination in the rank of general. Pearce, of New York, all to be a Member of the Na- Page S5715 tional Labor Relations Board, be withdrawn. Nominations Withdrawn: Senate received notifica- Page S5704 tion of withdrawal of the following nominations: Hochberg Nomination—Agreement: A unani- Richard F. Griffin, Jr., of the District of Colum- mous-consent agreement was reached providing that bia, to be a Member of the National Labor Relations the vote on the motion to invoke cloture on the Board for the term of five years expiring August 27, D704

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WARTIME CONTRACTING REFORMS Udall (CO), testified and answered questions in her Committee on Homeland Security and Governmental Af- own behalf. fairs: Subcommittee on Financial and Contracting POOLED RETIREMENT PLANS Oversight concluded a hearing to examine imple- mentation of wartime contracting reforms, after re- Committee on Health, Education, Labor, and Pensions: ceiving testimony from Richard T. Ginman, Direc- Committee concluded a hearing to examine pooled tor, Defense Procurement and Acquisition Policy, retirement plans, focusing on challenges and pros- Department of Defense; Patrick F. Kennedy, Under pects for employees of small businesses, after receiv- Secretary of State for Management; and Aman S. ing testimony from Charles A. Jeszeck, Director, Djahanbani, Senior Procurement Executive and Di- Education, Workforce, and Income Security, Govern- rector, Office of Acquisition and Assistance, Bureau ment Accountability Office; Dave Koetje, Christian for Management, United States Agency for Inter- Schools International, Grand Rapids, Michigan; and national Development. Jim Kais, Transamerica Retirement Solutions, Ringoes, New Jersey. NOMINATION Committee on Homeland Security and Governmental Af- INTELLIGENCE fairs: Committee concluded a hearing to examine the Select Committee on Intelligence: Committee held closed nomination of Katherine Archuleta, of Colorado, to hearings on intelligence matters, receiving testimony be Director of the Office of Personnel Management, from officials of the intelligence community. after the nominee, who was introduced by Senator Committee recessed subject to the call. h House of Representatives dom of Information Act), to provide for greater pub- Chamber Action lic access to information, and for other purposes, Public Bills and Resolutions Introduced: 14 pub- with an amendment (H. Rept. 113–155); lic bills, H.R. 2689–2702; and 2 resolutions, H. H.R. 2067, to amend title 5, United States Code, Res. 301–302 were introduced. Pages H4522–23 to make permanent the authority of the Secretary of Additional Cosponsors: Pages H4523–24 the Treasury to establish a separate compensation Reports Filed: Reports were filed today as follows: and performance management system with respect to H.R. 1848, to ensure that the Federal Aviation persons holding critical scientific, technical, or pro- Administration advances the safety of small air- fessional positions within the Alcohol and Tobacco planes, and the continued development of the gen- Tax and Trade Bureau, Department of the Treasury eral aviation industry, and for other purposes, with (H. Rept. 113–156); and an amendment (H. Rept. 113–151); H. Res. 300, providing for consideration of the H.R. 2576, to amend title 49, United States bill (H.R. 2668) to delay the application of the indi- Code, to modify requirements relating to the avail- vidual health insurance mandate; and providing for ability of pipeline safety regulatory documents, and consideration of the bill (H.R. 2667) to delay the for other purposes (H. Rept. 113–152, Pt. 1); application of the employer health insurance man- H.R. 2611, to designate the headquarters build- date, and for other purposes (H. Rept. 113–157). ing of the Coast Guard on the campus located at Page H4522 2701 Martin Luther King, Jr., Avenue Southeast in Speaker: Read a letter from the Speaker wherein he the District of Columbia as the ‘‘Douglas A. Munro appointed Representative Bentivolio to act as Speak- Coast Guard Headquarters Building’’, and for other er pro tempore for today. Page H4489 purposes (H. Rept. 113–153); H.R. 568, to amend title 5, United States Code, Recess: The House recessed at 12:11 p.m. and re- to require that the Office of Personnel Management convened at 2 p.m. Page H4490 submit an annual report to Congress relating to the Whole Number of the House: The Speaker an- use of official time by Federal employees, with an nounced to the House that, in light of the resigna- amendment (H. Rept. 113–154); tion of the gentleman from Massachusetts, Mr. Mar- H.R. 1211, to amend section 552 of title 5, key, the whole number of the House is 434. United States Code (commonly known as the Free- Page H4490

VerDate Mar 15 2010 05:47 Jul 17, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JY3.REC D16JYPT1 tjames on DSK6SPTVN1PROD with DIGEST July 16, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D707 HIT Policy Committee—Re-appointment: Read a tor, Center for Drug and Evaluation and Research, letter from Representative Pelosi, Democratic Leader, Food and Drug Administration; and public wit- in which she re-appointed Mr. Paul Egerman of nesses. Weston, MA to the HIT Policy Committee for a term of three years. Page H4491 MISCELLANEOUS MEASURES Recess: The House recessed at 2:11 p.m. and recon- Committee on Energy and Commerce: Full Committee vened at 5 p.m. Pages H4491–92 began markup on H.R. 1582, the ‘‘Energy Con- Suspensions: The House agreed to suspend the rules sumers Relief Act 2013’’; H.R. 1900, the ‘‘Natural and pass the following measures: Gas Pipeline Permitting Reform Act’’; H.R. 83, a bill to require the Secretary of the Interior to de- Small Airplane Revitalization Act of 2013: H.R. velop an action plan to address the energy needs of 1848, amended, to ensure that the Federal Aviation the insular areas of the United States and the Freely Administration advances the safety of small air- Associated States; H.R. 2094, the ‘‘School Access to planes, and the continued development of the gen- Emergency Epinephrine Act’’; H.R. 698, the ‘‘HIV eral aviation industry, by a 2⁄3 yea-and-nay vote of Organ Policy Equity Act’’; and H.R. 2052, the 411 yeas with none voting ‘‘nay’’, Roll No. 355; ’’Global Investment in American Jobs Act of 2013’’. Pages H4492–94, H4502–03 Douglas A. Munro Coast Guard Headquarters AUTHORITY FOR MANDATE DELAY ACT; Building Designation Act: H.R. 2611, to designate AND FAIRNESS FOR AMERICAN FAMILIES the headquarters building of the Coast Guard on the ACT campus located at 2701 Martin Luther King, Jr., Committee on Rules: Full Committee held a hearing on Avenue Southeast in the District of Columbia as the H.R. 2667, the ‘‘Authority for Mandate Delay Act’’; ‘‘Douglas A. Munro Coast Guard Headquarters and H.R. 2668, the ‘‘Fairness for American Families Building’’, by a 2⁄3 yea-and-nay vote of 411 yeas Act’’. The Committee granted, by record vote of with none voting ‘‘nay’’, Roll No. 356; and 6–4, a closed rule for H.R. 2668. The rule provides Pages H4494–95, H4503 one hour of debate equally divided and controlled by Amending title 49, United States Code, to mod- the chair and ranking minority member of the Com- ify requirements relating to the availability of mittee on Ways and Means. The rule waives all pipeline safety regulatory documents: H.R. 2576, points of order against consideration of the bill. The to amend title 49, United States Code, to modify re- rule provides that the bill shall be considered as quirements relating to the availability of pipeline read. The rule waives all points of order against pro- safety regulatory documents, by a 2⁄3 yea-and-nay visions in the bill. The rule provides one motion to vote of 405 yeas to 2 nays, Roll No. 354. recommit. The rule also provides for a closed rule for Pages H4495–H4501, H4501–02 H.R. 2667. The rule provides one hour of debate Recess: The House recessed at 5:37 p.m. and recon- equally divided and controlled by the chair and vened at 6:30 p.m. Page H4501 ranking minority member of the Committee on Ways and Means. The rule waives all points of order Senate Message: Message received from the Senate against consideration of the bill. The rule provides by the Clerk and subsequently presented to the that the bill shall be considered as read. The rule House today appears on page H4491. waives all points of order against provisions in the Quorum Calls—Votes: Three yea-and-nay votes de- bill. The rule provides one motion to recommit. Sec- veloped during the proceedings of today and appear tion 3 of the rule directs the Clerk to, in the en- on pages H4502, H4502–03, H4503. There were no grossment of H.R. 2668, add the text of H.R. 2667, quorum calls. as passed by the House, as a new matter at the end Adjournment: The House met at 12 noon and ad- of H.R. 2668 and make conforming modifications in journed at 9:58 p.m. the engrossment. The rule provides that upon the addition of the text of H.R. 2667, as passed by the House, to the engrossment of H.R. 2668, H.R. Committee Meetings 2667 shall be laid on the table. Testimony was heard REFORMING THE DRUG COMPOUNDING from Representatives Young (IN), and McDermott. REGULATORY FRAMEWORK Committee on Energy and Commerce: Subcommittee on ONGOING INTELLIGENCE ACTIVITIES Health held a hearing entitled, ‘‘Reforming the House Permanent Select Committee on Intelligence: Full Drug Compounding Regulatory Framework’’. Testi- Committee held a hearing entitled ‘‘Ongoing Intel- mony was heard from Janet Woodcock, M.D., Direc- ligence Activities’’. This was a closed hearing.

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Committee on Small Business and Entrepreneurship: to hold Joint Meetings hearings to examine small business tax reform, focusing No joint committee meetings were held. on making the tax code work for entrepreneurs and f startups, 3 p.m., SR–428A. Committee on Veterans’ Affairs: business meeting to con- COMMITTEE MEETINGS FOR WEDNESDAY, sider pending calendar business, 10 a.m., SR–418. JULY 17, 2013 House (Committee meetings are open unless otherwise indicated) Committee on Appropriations, Full Committee, markup on Senate the Commerce, Justice, Science, and Related Agencies Appropriations Bill for FY 2014; and Financial Services Committee on Agriculture, Nutrition, and Forestry: to hold and General Government Appropriations Bill for FY hearings to examine reauthorization of the Commodity 2014, 10 a.m., 2359 Rayburn. Futures Trading Commission, 2:30 p.m., SH–216. Committee on Armed Services, Full Committee, hearing Committee on Appropriations: Subcommittee on Depart- ment of Defense, to hold hearings to examine proposed entitled ‘‘The Security Situation in the Syrian Arab Re- budget estimates for fiscal year 2014 for the Missile De- public—Implications for U.S. National Security and U.S. fense Agency, 9 a.m., SD–192. Policy Options’’, 10 a.m., 2118 Rayburn. Committee on Armed Services: Subcommittee on SeaPower, Committee on Energy and Commerce, Full Committee, con- to receive a closed briefing on the major threats facing tinued markup on H.R. 1582, the ‘‘Energy Consumers Navy forces and the Navy’s current and projected capa- Relief Act 2013’’; H.R. 1900, the ‘‘Natural Gas Pipeline bilities to meet those threats, 9:30 a.m., SVC–217. Permitting Reform Act’’; H.R. 83, a bill to require the Subcommittee on Strategic Forces, to hold closed hear- Secretary of the Interior to develop an action plan to ad- ings to examine revisions to the nuclear employment dress the energy needs of the insular areas of the United strategy, 2:30 p.m., SVC–217. States and the Freely Associated States; H.R. 2094, the Committee on Banking, Housing, and Urban Affairs: Sub- ‘‘School Access to Emergency Epinephrine Act’’; H.R. committee on Financial Institutions and Consumer Pro- 698, the ‘‘HIV Organ Policy Equity Act’’; and H.R. tection, to hold hearings to examine the consumer debt 2052, the ‘‘Global Investment in American Jobs Act of industry, 10 a.m., SD–538. 2013’’, 10 a.m., 2123 Rayburn. Committee on Commerce, Science, and Transportation: Sub- Committee on Financial Services, Full Committee, hearing committee on Consumer Protection, Product Safety, and entitled ‘‘Monetary Policy and the State of the Economy’’, Insurance, to hold hearings to examine the expansion of 10 a.m., 2128 Rayburn. internet gambling, focusing on assessing consumer pro- Committee on Homeland Security, Subcommittee on Trans- tection concerns, 10 a.m., SR–253. portation Security, hearing entitled ‘‘Stakeholder Perspec- Full Committee, to hold hearings to examine E-Rate tives on TSA Acquisition Reform’’, 10 a.m., 311 Cannon. 2.0, focusing on connecting every child to technology, Subcommittee on Cybersecurity, Infrastructure Protec- 2:30 p.m., SR–253. tion, and Security Technologies; and the Committee on Committee on Finance: to hold hearings to examine Oversight and Government Reform’s Subcommittee on health information technology, focusing on quality health Energy Policy, Health Care and Entitlements, joint hear- care, 10 a.m., SD–215. ing entitled ‘‘Evaluating Privacy, Security, and Fraud Committee on Foreign Relations: to hold hearings to exam- Concerns with ObamaCare’s Information Sharing Appa- ine the nomination of Samantha Power, of Massachusetts, ratus’’, 10 a.m., 2154 Rayburn. to be the Representative to the United Nations, with the Committee on House Administration, Full Committee, rank and status of Ambassador and the Representative in hearing entitled ‘‘Collections Stewardship at the Smithso- the Security Council of the United Nations, and to be nian’’, 10:30 a.m., 1310 Longworth. Representative to the Sessions of the General Assembly of Committee on the Judiciary, Full Committee, hearing en- the United Nations during her tenure of service as Rep- titled ‘‘Oversight of the Administration’s use of FISA Au- resentative to the United Nations, 10 a.m., SD–419. thorities’’, 10 a.m., 2141 Rayburn. Full Committee, to hold hearings to examine the nom- Full Committee markup on H.R. 2655, the ‘‘Lawsuit ination of Catherine M. Russell, of the District of Colum- Abuse Reduction Act of 2013’’, 2 p.m., 2141 Rayburn. bia, to be Ambassador at Large for Global Women’s Committee on Natural Resources, Full Committee, hearing Issues, Department of State, 2:30 p.m., SD–419. entitled ‘‘The Department of the Interior Operations, Committee on Homeland Security and Governmental Affairs: Management, and Rulemakings’’, 10 a.m., 1324 Long- to hold hearings to examine the Department of Home- worth. land Security at 10 years, focusing on harnessing science Subcommittee on Water and Power, hearing entitled and technology to protect national security and enhance ‘‘A Washington, DC-based Bureaucratic Invention with government efficiency, 10 a.m., SD–342. Potential Water Conservation and Property Rights Im- Committee on the Judiciary: to hold hearings to examine pacts: The National Blueways Order’’, 2 p.m., 1334 working together to restore the protections of the ‘‘Vot- Longworth. ing Rights Act’’, focusing on Selma and Shelby County, Subcommittee on Fisheries, Wildlife, Oceans and Insu- 1 p.m., SD–226. lar Affairs, hearing entitled ‘‘Why should Americans have

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to comply with the laws of foreign nations?’’, 2 p.m., Affairs medical budget submissions, and for other pur- 1324 Longworth. poses; and a Draft Discussion Bill ‘‘To amend title 38, Committee on Oversight and Government Reform, Sub- United States Code, to direct the Secretary of Veterans committee on National Security, hearing entitled ‘‘Border Affairs to submit to Congress a Future-Years Veterans Security Oversight, Part III: Examining Asylum Re- Program and a quadrennial veterans review, to establish quests’’, 10:15 a.m., 2247 Rayburn. in the Department of Veterans Affairs a Chief Strategy Full Committee, hearing entitled ‘‘A Path Forward on Officer, and for other purposes’’, 10:15 a.m., 334 Cannon. Postal Reform’’, 1:30 p.m., 2154 Rayburn. Subcommittee on Disability Assistance and Memorial Committee on Rules, Full Committee, hearing on H.R. 5, Affairs, markup on H.R. 2086, the ‘‘Pay As You Rate the ‘‘Student Success Act’’; H.R. 2610, the ‘‘Transpor- Act’’; H.R. 2189, to establish a commission or task force tation, Housing and Urban Development, and Related to evaluate the backlog of disability claims of the Depart- Agencies Appropriations Act, 2014’’; and H.R. 2397, the ‘‘Department of Defense Appropriations Act, 2014’’, 3 ment of Veterans Affairs; and H.R. 2423, the ‘‘Disabled p.m., H–313 Capitol. Veterans’ Access to Medical Exams Improvement Act’’, Committee on Small Business, Full Committee, hearing 2:30 p.m., 334 Cannon. entitled ‘‘The Internal Revenue Service and Small Busi- Committee on Ways and Means, Subcommittee on Health, nesses: Ensuring Fair Treatment’’, 1 p.m., 2360 Rayburn. hearing on the Obama Administration’s recent decision to Committee on Transportation and Infrastructure, Sub- delay the information reporting requirements and pen- committee on Aviation, hearing entitled ‘‘Causes of alties associated with the employer mandate in the Af- Delays to the FAA’s NextGen Program’’, 10 a.m., 2167 fordable Care Act until 2015, 10 a.m., 1100 Longworth. Rayburn. Subcommittee on Human Resources, hearing entitled Committee on Veterans’ Affairs, Full Committee, legisla- ‘‘What Really Works: Evaluating Current Efforts to Help tive hearing on the following: H.R. 813, the ‘‘Putting Families Support their Children and Escape Poverty’’, 4 Veterans Funding First Act of 2013’’; H.R. 806, to p.m., 1100 Longworth. amend title 38, United States Code, to make permanent House Permanent Select Committee on Intelligence, Full the requirement for annual reports on Comptroller Gen- Committee, hearing entitled ‘‘Ongoing Intelligence Ac- eral reviews of the accuracy of Department of Veterans tivities’’, 3:30 p.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., Wednesday, July 17 10 a.m., Wednesday, July 17

Senate Chamber House Chamber Program for Wednesday: The Majority Leader will be Program for Wednesday: Consideration of H.R. recognized. Senate will resume consideration of the nomi- 2667—Authority for Mandate Delay Act (Subject to a nation of Fred P. Hochberg, of New York, to be Presi- Rule) and H.R. 2668—Fairness for American Families dent of the Export-Import Bank of the United States, and Act (Subject to a Rule). vote on the motion to invoke cloture on the nomination at 10 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE DeLauro, Rosa L., Conn., E1062 Norton, Eleanor Holmes, D.C., E1063 Denham, Jeff, Calif., E1063 Quigley, Mike, Ill., E1063 Boustany, Charles W., Jr., La., E1064 Fincher, Stephen Lee, Tenn., E1061, E1062 Slaughter, Louise McIntosh, N.Y., E1062 Clarke, Yvette D., N.Y., E1061 Long, Billy, Mo., E1064 Smith, Jason T., Mo., E1064 Coffman, Mike, Colo., E1064 McCollum, Betty, Minn., E1063 Visclosky, Peter J., Ind., E1061 Cole, Tom, Okla., E1064 Moran, James P., Va., E1061 Wolf, Frank R., Va., E1064

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