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, MONDAY, JULY 29, 2013 No. 110 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, July 30, 2013, at 12 noon. Senate MONDAY, JULY 29, 2013

The Senate met at 2 p.m. and was morning business until 4:15 today. Fol- tary missions carried out by service- called to order by the President pro lowing that morning business the Sen- members overseas, have been fur- tempore (Mr. LEAHY). ate will resume consideration of S. loughed. 1243, the Transportation bill. It is not too late to reverse these PRAYER At 4:30 the Senate will proceed to ex- hard-hearted cuts, cuts that were never The Chaplain, Dr. Barry C. Black, of- ecutive session to consider the nomina- supposed to take effect in the first fered the following prayer: tion of James Comey to be Director of place. The sequester was designed to be Let us pray. the FBI. I am sorry to report there will so painful it would force Democrats Eternal Lord God, today let Your be a cloture vote on him at 5:30 today. and Republicans to compromise and favor rest upon the Members of our Our chief law enforcement officer and find a smart, responsible way to reduce government’s legislative branch. Es- we had to file cloture. the deficit. There was compromise on tablish the works of their hands and f one side with the Democrats and, of course, none, as usual, with Repub- strengthen them to honor You by serv- THE SEQUESTER ing others. Lord, let Your life-giving licans on the other side. Mr. REID. Every respectable econo- spirit move them to feel greater com- But we have not given up on revers- mist has said that the shortsighted ar- passion for those in need. Use them to ing these cuts and choosing that re- bitrary cuts known as sequester will remove barriers that divide us, to sponsible path. We have cut the deficit cost American jobs. Medical research- make suspicions disappear, and to in half over the last 3 years, by more ers say these painful cuts will set med- cause hatred to cease. May they strive than $2.6 trillion. While there is more ical research in this country back dec- to be agents of healing and hope, as work to be done, we should be making ades, potentially costing the world a they help us all live in greater justice targeted cuts while investing in that cure for cancer, flu, AIDS, and many and peace. which makes America grow. other diseases against which we are on It is clear we have reduced the debt We pray in Your great Name. Amen. the cusp of making great headway. The by $2.6 trillion and the yearly deficit f sequester we know will cost us invest- has been cut in half over the last 3 PLEDGE OF ALLEGIANCE ments in education that give children a years. The President pro tempore led the shot at success and keep American The way to pursue this type of sound Pledge of Allegiance, as follows: workers competitive. We also know the fiscal policy is through regular order— sequester will slash the safety net that regular order of the budget process. I pledge allegiance to the Flag of the keeps millions of senior citizens, chil- While there is more work to be done in United States of America, and to the Repub- lic for which it stands, one nation under God, dren and veterans and low-income fam- the cuts I have talked about, we should indivisible, with liberty and justice for all. ilies from descending into poverty. be making targeted cuts while invest- I know the sequester is as bad for na- f ing in what makes America grow. The tional security as it is for the econ- American economy is poised to grow. It RECOGNITION OF THE MAJORITY omy. These cuts have grounded one- is growing now—not strong enough, not LEADER third of U.S. combat aircraft, slashed fast enough, but it is growing. All we The PRESIDENT pro tempore. The troop training budgets, and kept an have to do is get out of the way. majority leader is recognized. aircraft carrier that should have been According to a report released last f headed to the Persian Gulf and other week by the nonpartisan Congressional places stranded in port instead. Mean- Budget Office, reversing the sequester SCHEDULE while, hundreds of thousands of civil- would create an additional 900,000 jobs. Mr. REID. Mr. President, following ian employees of the Department of It would increase gross domestic prod- leader remarks there will be a period of Defense, employees who support mili- uct by one percentage point. That is 1

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

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VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.000 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5990 CONGRESSIONAL RECORD — SENATE July 29, 2013 million jobs right there. The United MORNING BUSINESS in body. Those who knew Bud after the States just dug its way out of the great The PRESIDING OFFICER. Under war could see how tough he was, but, recession. We have seen 40 straight the previous order, the Senate will be my God, to have known him in prison— months of job growth, with private sec- in a period of morning business until confronting our enemies day in and day tor employers adding more than 7.2 4:15 p.m., with Senators permitted to out, never, ever yielding. He defied million jobs. But we cannot afford to speak for up to 10 minutes each. men who had the power of life and reject almost 1 million new jobs. Con- Mr. REID. I suggest the absence of a death over us. To witness him sing the gress must reverse the sequester and quorum. national anthem in response to having stop manufacturing crises. The PRESIDING OFFICER. The a rifle pointed at his face—well, that If Republicans force us to the brink clerk will call the roll. was something to behold. Unforget- of another shutdown for ideological The legislative clerk proceeded to table. No one had more guts than Bud reasons, the economy will suffer. I sug- call the roll. or greater determination to do his duty gest to any of my Republican col- Mr. MCCAIN. Mr. President, I ask and then some, to keep faith with his leagues who have this idea, give a call unanimous consent the order for the country and his comrades whatever the to Newt Gingrich. He will return your quorum call be rescinded. cost. Bud was my commanding officer phone calls. Ask him how it worked. It The PRESIDING OFFICER. Without but more, he was my inspiration, as he was disastrous for Newt Gingrich, the objection, it is so ordered. The Senator was for all the men who were privileged Republicans, and the country. It didn’t from Arizona is recognized. to serve under him. work then and it will not work now. If Nothing offers more compelling testi- Republicans threaten catastrophic de- f mony to Bud’s guts and determination fault on the Nation’s bills, the econ- REMEMBERING COLONEL GEORGE and his patriotism than the account of omy will suffer, and that is an under- E. ‘‘BUD’’ DAY his escape from captivity. In the entire statement. war he was the only American who If Republicans refuse to work with Mr. MCCAIN. Mr. President, Sunday managed to escape from North Viet- Democrats to negotiate a reasonable brought the sad news that my dear nam. budget to reverse these deep cuts, the friend Col. George E. ‘‘Bud’’ Day passed In 1967 then-major Bud Day com- economy will suffer. It is time to re- away. He was 88 years old. To say he manded a squadron of F–100s that move the stumbling blocks that are lived a full life would be quite an un- served as forward air controllers over preventing the American economy derstatement. His was filled with so North Vietnam and Laos. They were from recovering and expanding. many extraordinary experiences, ad- called the Mistys, named for Bud’s fa- It has been 129 days since the Senate ventures, challenges, accomplishments, vorite song. Theirs was probably the passed its reasonable, progrowth budg- and with such love, compassion, and most dangerous combat duty in the Air et. courage that it could have supplied Force, and they suffered high casual- Remember, the Republicans said: We enough experiences, excitement, and ties. want regular order. We want a budget. satisfaction for 10 lifetimes. On August 26 Bud Day was one of We passed the budget. Now they will Bud knew defeats and triumphs on a those casualties. Bud was shot down by not follow regular order. They will not scale few will ever know. He lived in a surface-to-air missile 20 miles inside let us even go to conference. We have moments filled with every conceivable of North Vietnam. He hit the fuselage asked consent to go to conference with emotion. He knew terror and suffering. of his F–100 when he ejected, breaking the House 17 different times. As long as He knew joy and deliverance. He knew his arm, damaging his eye, and injur- Senate Republicans refuse to allow solidarity, self-respect, and dignity. ing his back. Bud was immediately Knowing him as well as I did, I am Budget Committee chairwoman PATTY captured by North Vietnamese militia. certain he faced his end satisfied that MURRAY to negotiate a budget com- He was interrogated by his captors in promise with her House Republican he had made the most of his time on an underground prison camp. When he counterparts, the economy is at risk. It Earth. He will have faced it with cour- refused to answer their questions, they is time to set aside partisan differences age as he faced all adversity. He will staged a mock execution. Then they and work to find common ground. have faced it with gratitude for the hung him by his feet for hours and beat Passing the Senate Transportation love and companionship for his beloved him. Believing he was too badly injured appropriations bill that is on the floor wife and best friend Dorie, his sons to escape, they tied him up loosely and now would be a good step toward re- Steve and George, and his twin girls, left him guarded by two green teenage storing regular order. This measure, Sandra and Sonya. He will have faced soldiers. They misjudged him. On his the Transportation bill, would create it with humility for having had the fifth day of captivity he untied his jobs rebuilding America’s deficient in- honor to serve his country with dis- ropes and escaped. frastructure and renew the Nation’s tinction in three wars: World War II, Bud stayed on the run for about 2 commitment to make affordable hous- the Korean war, and the Vietnam war. weeks. He wasn’t certain how long he ing available to low-income families. I had the honor of being Bud’s friend was free. He lost track of time. He I commend the appropriations com- for almost five decades of his 88 years. made it across the DMZ and into South We met in 1967 when the Vietnamese mittee, led by BARBARA MIKULSKI. The Vietnam. A bomb, however, had fallen subcommittee, whose work is now be- left me to die in the prison cell Bud near him his second night on the run, shared with Maj. Norris Overly. Bud fore the Senate, is led by PATTY MUR- striking him with shrapnel, concussing and Norris wouldn’t let me die. They RAY. They have done wonderful work. I him and rupturing his eardrums. Limp- believe some of my Republican col- bathed me, fed me, nursed me, encour- ing, bleeding, starving, and in great leagues are as eager to return to reg- aged me, and ordered me back to life. pain, Bud kept heading south across ular order, passing an appropriations Norris did much of the work, but Bud rivers, through dense jungles, over bill, as I am. I do believe that. They did all he could considering he too had hills, crawling sometimes on his hands have to break away from the pack. I recently been near death—shot, and knees, evading enemy patrols and hope these reasonable Republicans will bombed, beaten savagely by his cap- surviving on berries, frogs, and rain- continue to work with us to advance tors, and his arm broken in three water. this important bipartisan measure. places. He was a hard man to kill, and On the last night of Bud’s escape he he expected the same from his subordi- arrived within 2 kilometers of a for- f nates. They saved my life—a big debt ward marine. Sensibly judging it more to repay, obviously. But more than dangerous to approach the guarded RESERVATION OF LEADER TIME that, Bud showed me how to save my base at night than to wait until morn- Mr. REID. Will the Chair announce self-respect and my honor, and that is ing when the marine guards could see the business of the day. a debt I can never repay. he was an American, Bud slept one The PRESIDING OFFICER (Mr. MUR- Bud was a fierce—and I mean really more night in the jungle. PHY). Under the previous order, the fierce—resister. He could not be broken Early the next morning he encoun- leadership time is reserved. in spirit no matter how broken he was tered a Viet Cong patrol. He was shot

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.009 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S5991 trying to hobble to the base, recap- Florida, living in the Fort Walton terest in serving in the Marines well tured, and returned to the camp he had Beach area. Sadly, he passed away, but known. He shared his love for his coun- escaped, where he was tortured some at the very extended life’s age of 88. try and the corps during a trip back to more. I want to—in addition to Senator his alma mater last fall. A few days later Bud’s captors took MCCAIN’s comments—take a moment His love of country was coupled with him to the prison we called the Planta- to honor and remember this American love for his family. In a Facebook post, tion, where I would meet him 2 months hero, who was one of the most highly he wrote he would be back home in Oc- later. He was one of the most griev- decorated service members this coun- tober and was anxious to fish, go to ously injured pilots to arrive in Hanoi. try has ever seen. He was a Medal of dinner, and just hang out with family Norris helped nurse him back to some Honor recipient. He was a veteran of and friends. semblance of health, although he would three wars—World War II, the Korean Lance Corporal Tuttle was serving never fully recover from his wounds. war, and the war in Vietnam. aboard the USS Nimitz. He was assigned Then Bud helped Norris nurse me. Because his F–100 fighter jet was shot to the Marine Fighter Attack Squad- Whenever I felt my spirits and resist- down, he ended up being a prisoner of ron 323, Marine Aircraft Group 11, 3rd ance flag, I looked to Bud for the cour- war in Vietnam for nearly 6 years, and Aircraft Wing, I Marine Expeditionary age to continue and for the example of there in Hanoi he and Senator MCCAIN Force, Marine Corps Air Station how to serve my country in difficult became cellmates. Miramar in California. circumstances. Bud was the bravest When asked about their experience Lance Corporal Tuttle was only 19 man I ever knew, and I have known together, Senator MCCAIN said: when he gave his life for his country. more than a few. He was great com- I owe my life to Bud, and much of what I Lance Corporal Tuttle is a true Amer- pany too and made it possible to actu- know about character and patriotism. He ican hero who made the ultimate sac- ally have fun in prison once in a while. was the bravest man I ever knew. rifice. I ask my colleagues to keep his He received the Medal of Honor when Senator MCCAIN has just recounted a family and friends in their thoughts he came home—the highest of his many number of those things. I do not know, and prayers. decorations for valor. Despite his inju- but I have heard it said, either from On behalf of a grateful nation, I hum- ries, he managed to regain flying sta- Colonel Day or Senator MCCAIN, that it bly offer my sincerest gratitude for his tus and commanded a flight wing at was JOHN MCCAIN who was put into patriotism and selfless service. Eglin Air Force Base. that cell nearly dead—after his arm I yield the floor, and I suggest the ab- When Bud ultimately retired from was broken when he ejected from his sence of a quorum. the Air Force, he practiced law. After aircraft, and after he had been beaten— The PRESIDING OFFICER. The his service in World War II but before and Bud Day nursed him back to clerk will call the roll. he deployed to the Korean war, he health. The bill clerk proceeded to call the graduated from college and law school. After the POWs were released from roll. He devoted his practice to defending Vietnam, interestingly, Colonel Day Mr. MORAN. I ask unanimous con- the interests of his fellow veterans. returned to active duty, and he re- sent that the order for the quorum call Bud and I stayed close through all turned to active flying status. He re- be rescinded. the years that have passed since our tired in 1977 as the Air Force’s most The PRESIDING OFFICER. Without war. We talked often. We saw each decorated officer. objection, it is so ordered. other regularly. He campaigned with It has also been said that a nation f me in all my campaigns and advised can be judged by how it treats those SILICON VALLEY IMMIGRATION me always. We argued sometimes, who have borne its battles. After he agreed more often, laughed a lot, and left the Air Force, Colonel Day—listen Mr. MORAN. Mr. President, the need always enjoyed each other’s company. I to this—continued public service. He for economic growth remains one of am going to miss him terribly. went to law school. He practiced law the most pressing and challenging Even though Bud had reached ad- and he championed veterans’ issues. issues we face today in our country. vanced years, for some reason I could So I wanted to take a moment, after Unfortunately, over the past decade never imagine Bud yielding to any- an emotional speech by Senator economic growth has been stagnant, thing—even, I thought, to the laws of MCCAIN, to say that I say, and many creating difficulties for small busi- nature. Tough old bird that he was, I are saying, a little prayer of thanks nesses, for working families, for recent always thought he would outlive us all. that Colonel Bud Day helped preserve college graduates, and for entre- But he is gone now to a heaven I expect the freedoms of this country with his preneurs. he imagined would look like an Iowa service to this country. If I have a goal here, it is to make cornfield in early winter, filled with I yield the floor. certain every American has the oppor- pheasants. I suggest the absence of a quorum. tunity to pursue what we all know is I will miss Bud every day for the rest The PRESIDING OFFICER. The the American dream. For that to be of my life, but I will see him again. I clerk will call the roll. possible, we need a growing economy know I will. I will hunt the field with The legislative clerk proceeded to that accomplishes many things, includ- him, and I look forward to it. call the roll. ing creating the opportunity for people I suggest the absence of a quorum. Mr. BOOZMAN. I ask unanimous con- to go to work, to pay off their loans, to The PRESIDING OFFICER. The sent that the order for the quorum call feed their families, to put food on their clerk will call the roll. be rescinded. familie’s table, and to save for their fu- The legislative clerk proceeded to The PRESIDING OFFICER. Without ture. call the roll. objection, it is so ordered. Last month the Senate had an oppor- Mr. NELSON. Mr. President, I ask f tunity to do something positive about unanimous consent that the order for our economy. We spent a significant HONORING OUR ARMED FORCES the quorum call be rescinded. amount of time addressing this issue of The PRESIDING OFFICER. Without LANCE CORPORAL BENJAMIN W. TUTTLE immigration, trying to fix our Nation’s objection, it is so ordered. Mr. BOOZMAN. Mr. President, I wish broken immigration system. Mr. NELSON. Mr. President, I rise to to pay my respect to an American Sensible and overdue improvements eulogize a great American about whom hero, LCpl Benjamin Tuttle, who sac- to our Nation’s immigration laws will Senator MCCAIN has just spoken. It has rificed his life for this country in sup- spur economic growth and create been said it is the soldier who has port of Operation Enduring Freedom. American jobs. This is why I have been given us our most important freedoms Lance Corporal Tuttle graduated so interested to see how highly skilled over the course of our history. That is from Gentry High School in Gentry, and entrepreneurial immigrants create certainly a true statement in the case AR, in 2012. His appreciation for ath- jobs and contribute to the U.S. econ- of Air Force Col. George ‘‘Bud’’ Day. letics kept him active after school as a omy. It is that aspect of our Nation’s Colonel Day was a good friend of Sen- football player, wrestler, and track broken immigration system I wish to ator MCCAIN’s. He was a resident of runner. As a student, he made his in- talk about today.

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.011 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5992 CONGRESSIONAL RECORD — SENATE July 29, 2013 There is an economic imperative to nator, the next innovator for compa- to them, add flexibility to the way in improve our Nation’s immigration nies such as Facebook. We want them which startup employees are com- laws. Many of our Nation’s leading in the United States creating that op- pensated to account for geographic and businesses struggle to find the talent portunity here for Americans. industry differences, and clarify that they need to grow and compete in glob- Immigrants to the United States the jobs created by immigrant entre- al markets. According to the Partner- have a long history of creating busi- preneurs must be held by Americans. A ship for a New American Economy, nesses in our country. Today, 1 in list of more than 30 startup companies, American businesses are projected to every 10 Americans employed at a pri- investors, and business leaders and im- need an estimated 800,000 workers with vately owned U.S. company works at migration attorneys supported this advanced STEM degrees by 2018 but an immigrant-owned firm. Immigrants amendment. will only find 550,000 American grad- are more than twice as likely as na- Sadly, like many other amendments, uates with an advanced STEM edu- tive-born Americans to start a busi- it was blocked from even receiving con- cation. ness. Of the current Fortune 500 com- sideration. But in the end, that may First and foremost, we must do more panies, more than 40 percent were not matter. The Speaker of the House to prepare Americans for careers in founded by a first- or second-genera- has said the Senate immigration bill is science, technology, and engineering. I tion American. Ranked No. 73 on that ‘‘dead on arrival.’’ Instead of taking up have been encouraged that several im- list is Google, which was cofounded in Senate legislation, the House is pur- migration proposals before Congress 1998 by Sergey Brin, an immigrant suing, perhaps, a more thoughtful, me- aim to improve STEM education for from Russia. Sergey and his cofounder thodical approach to immigration— Americans so that one day we will no Larry Page developed Google as Ph.D. writing several targeted bills that ad- longer be required to seek outside labor students while at Stanford University. dress aspects of our broken immigra- to meet our country’s needs. Google is now the world’s top search tion system. In the short term, we must work to engine, generates more than $50 billion Congress crafts better policy when it equip Americans with the skills of the in revenue annually, and employs tens is done in manageable bite sizes. In my 21st century. We also need to create a of thousands. We need to create an im- view we do not have to look far in the past to see what happens when Con- path for highly skilled foreign students migration system that welcomes more gress bites off more than it can chew. to stay in the United States, where immigrants like Sergey Brin. their ideas, talents, and intellect can Our bill, Startup Act 3.0, creates an Implementation of the Affordable Care fuel American economic growth. entrepreneur’s visa for foreign-born en- Act and Dodd-Frank offer two exam- Legislation I introduced with Sen- trepreneurs currently in the United ples of the unintended consequences of passing giant bills with multi-thousand ator WARNER of Virginia called Startup States. Those individuals with a good Act 3.0 creates visas for foreign stu- idea, capital, and a willingness to hire pages that are poorly understood. In fact, it was the 1986 comprehensive im- dents who graduate from an American Americans would be able to stay in the migration bill that left us with the university with a master’s or Ph.D. in United States and grow their busi- many problems we are attempting to science, technology, engineering, or nesses here. Each immigrant entre- fix today. Passing a series of smaller mathematics. These skilled workers preneur would be required to create more targeted immigration bills will would be granted conditional status jobs for Americans. Providing a way result in better policy and achieve bet- contingent on them filling a needed for an immigrant entrepreneur to stay gap in the U.S. workforce. This will ter results for the American people. in the United States and create Amer- Moreover, there is broad agreement help growing American companies se- ican jobs makes economic sense. within Congress on many aspects of cure the talent they need now for cur- Earlier this year the Kauffman Foun- immigration policy. Last year the rent job openings. Without this help dation, headquartered in Kansas City, House of Representatives passed two companies will have to look elsewhere, studied the economic impact of the en- immigration bills. One would have will find it difficult to find the quali- trepreneur’s visa in Startup Act 3.0. repurposed visas from the diversity lot- fied workers they need, and will likely Using conservative estimates, the tery to STEM visas for some of our open locations overseas, taking the Kauffman Foundation predicts that the most talented foreign-born U.S. grad- jobs with them. entrepreneur’s visa alone could gen- uates. Another would have eliminated When I was in Silicon Valley last erate 500,000 to 1.6 million new jobs the employment-based, green card per- year, I met with executives at during the next 10 years. These are real country cap allowing American em- Facebook. They told me they were jobs with real economic impact that ployers to have access to the best tal- ready to hire close to 80 foreign-born could boost GDP, by their estimate, by ent regardless of where a potential em- but U.S.-educated individuals in Cali- 1.5 percent or more. When we talk ployee was born. fornia, but their H–1B visas were not about economic growth and creating This bill passed 389 to 15 in the granted. Rather than forgo these opportunity, a boost in GDP by 1.5 per- House. Yet neither received a vote in skilled workers, the company hired cent is a major accomplishment. the Senate because of adherence to the them anyway. That caught my atten- Recognizing this potential, several approach that says we can’t do any- tion, but the story is that they placed bills create visas for immigrant entre- thing unless we do everything. This them in Dublin, Ireland, not in the preneurs. It is important that these line of thinking has prevented progress United States. Facebook was ulti- visas be structured in a way to facili- on important challenges facing our mately able to get visas for these tate job creation. Unnecessarily high country for a long time. workers after training them in Ireland, investment and revenue requirements Republicans and Democrats agree but all too often companies end up and burdensome mandates, such as that creating opportunities for highly housing the jobs permanently overseas. having to submit a business plan to skilled and entrepreneurial immigrants When this happens, it is not only those Washington, DC, bureaucrats, threaten to contribute to our economy is bene- specific jobs that are lost. In this case to diminish the impact these entrepre- ficial to America. I strongly hope Con- we didn’t just lose 80 jobs but also the neurial visas could have. gress will finally come together and many supporting jobs and economic ac- Although well-intentioned, the IN- pass what we can agree upon now while tivity associated with those jobs. VEST visa created in the Senate immi- continuing to work on the issues that Even more damaging, more damning, gration bill fell prey to some of these divide us. In my view, we can no longer more frustrating to me is that many of traps. To improve that idea, I devel- allow ourselves to be hostage to the these highly skilled workers who are oped an amendment with the help of all-or-nothing strategy or wait until now employed in some other country entrepreneurs, investors, and startup after the next election. will become entrepreneurs that will policy experts. This amendment would Right now other countries are taking start successful businesses there, not reduce paperwork and reporting re- advantage of our inability to solve in the United States. Of the 80 engi- quirements so that entrepreneurs could problems and are exploiting our broken neers working in Dublin, Ireland, for spend more time building their busi- immigration system. Since I arrived in Facebook, I have no doubt but that one nesses, allow entrepreneurs to secure the Senate in 2011, at least seven coun- or more of them will be the next origi- initial investment from those closest tries have changed their policies and

VerDate Mar 15 2010 23:28 Jul 29, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.013 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S5993 laws to better attract highly skilled I know Senator MURRAY, who heads tions beyond radical surgery and radi- and entrepreneurial immigrants. One up the Budget Committee, has been ation, so Jim looked for other options. of those countries, Canada, even went trying valiantly to get this budget to a Over the course of the next 10 years so far as to buy a billboard in Silicon conference committee, which is sup- he participated in multiple clinical Valley in an attempt to poach the best ported by the Democrats in the Senate trials and some seven treatments—all and brightest. and supported by Republicans such as made possible by research grant fund- We must address this problem, and Senator MCCAIN and Senator COLLINS. ing. Jim passed away at age 46. But the best way to do so is in a measured We have been stopped every step of the thanks to the clinical trials, he lived and incremental way. The benefits to way, but this should go through reg- over 10 years, allowing his young son our Nation’s economy will be great and ular order, into a conference com- Max the chance to get to know his dad. the goodwill produced by working in a mittee so we can work out these dif- He also was able to continue his life- bipartisan manner on targeted solu- ferences with the House and replace se- long athletic endeavors with a ride tions will sow the seeds of trust nec- quester with something that makes across the country with Livestrong in essary to solve the problems where dis- sense. 2004 as part of the Tour of Hope, agreement remains. Today I want to focus on the impact spreading the message of hope and sur- So we will see what happens now in of sequestration on this particular area vivorship. the immigration debate, but my hope of the Federal budget; that is, medical The clinical trials, however, did not is that if we are unable to pass so- research. It may not be the first thing just help Jim. This is the key part, Mr. called broad-based immigration re- you think of when you think about President, whether you are from Con- form, if we are unable to come up with these cuts and what they mean, but I necticut or from Minnesota. One of the sensible solutions in an understandable hope when you listen to my stories it trials in which Jim participated proved legislative package, let’s at least work brings out a whole new significance. so effective that it is now the standard to accomplish those things on which In the last century we have made treatment regimen for people who are there is broad agreement and continue enormous strides through medical and diagnosed with the same cancer as Jim. to solve those problems where there re- scientific research to understand the That would not have been possible if mains disagreement today. world around us. This research has led Jim had not been willing to go through Mr. President, I yield the floor, and I to a greater understanding of the na- those treatments and if they had not suggest the absence of a quorum. ture and cause of disease and spurred a been funded by NIH. The PRESIDING OFFICER. The new generation of therapies and inter- Then there is Karen, a 48-year-old clerk will call the roll. wife, mother of two teenagers, and a The bill clerk proceeded to call the vention to treat diseases. Our country has been a leader in this teacher. She was diagnosed with leu- roll. Ms. KLOBUCHAR. Mr. President, I era of scientific discovery, and we are kemia in August of 2005. With her type ask unanimous consent the order for responsible for developing many of the of leukemia, the prognosis is relatively the quorum call be rescinded. innovative therapies and scientific ad- good, and using the current treatments The PRESIDING OFFICER. Without vances that have changed the face of available she remained in remission objection, it is so ordered. science and given hope to millions of until 2009. Then in the summer of 2009 patients across the world. These ad- she started feeling sick again and re- f vancements have been made possible ceived news that the cancer had re- NATIONAL INSTITUTES OF by our commitment to funding re- turned. Her only treatment option was HEALTH FUNDING search through the National Institutes a bone marrow transplant which had a Ms. KLOBUCHAR. Mr. President, I of Health. 25-percent mortality rate. She and her rise today to discuss an issue that is Currently, the NIH is the largest husband visited with specialists and vital for the future health and well- source of medical research funding in discovered that she had a mutation being of citizens in our country; that the world. Through its 27 Institutes, that did not respond to the current—at is, funding for medical research for the NIH funds research to prevent, detect, that time—frontline medication. National Institutes of Health. Unfortu- better treat, and even cure fatal and That is when she learned about clin- nately, NIH funding, like many other debilitating diseases such as cancer, ical trials. In January 2010 she began important Federal priorities, is being heart disease, stroke, Alzheimer’s, ar- her clinical trial journey and has now impacted by the across-the-board thritis, diabetes, and mental health been involved in two clinical trials. spending cuts. As we all know, we want issues. The Institutes also fund basic She responded well to the second clin- to see that budget go down, we want to science which provides the foundation ical trial and has been in remission for see the debt reduced, but we have to do for future breakthroughs in all fields of over 2 years. Her kids are now 17 and it in a sensible way, not with a ham- scientific discovery. 13, and she and her husband are pre- mer. Researchers in my State tell me they paring to send their oldest daughter off Sequestration was never intended to cannot think of anything they do clini- to college in the fall of 2014. be implemented and was supposed to cally that was not influenced by basic NIH funding supports the research bring Democrats and Republicans to- research made possible by NIH funding. centers that make these stories like gether to focus on smart solutions to Think of the advancements we have Jim’s and Karen’s possible. In Min- reducing our debt. made. These clinical advancements are nesota we have the Paul and Sheila I am a supporter of the work of the critical to improving health and saving Wellstone Muscular Dystrophy Center, debt commission. I believe there is a the lives of millions of Americans. which is supported by NIH funding. way we can bring down our debt in a To truly understand the importance This center has 46 faculty members in significant way. But I do not think we of NIH, I think it is important to un- 7 University of Minnesota colleges and meant to have sequestration imple- derstand the impact on our own people, schools and receives $6 million in an- mented in the way it is being imple- so I want to share some of the ways nual funding from NIH. mented and seeing the kind of cuts we NIH funding has had influence in my Together, these scientists are con- are seeing. These cuts are creating State on people, on people such as Jim ducting over 10 active clinical research headwinds against short-term eco- from Edina, MN. studies that are giving hope to parents nomic growth, reducing access to im- Jim was 36 when he was diagnosed and patients with muscular dystrophy. portant services, and threatening our with an inoperable brain tumor in 1998. This facility believes science is more Nation’s leadership in areas such as He was a professional engineer. He had than just about the research. The re- medical research. Congress needs to an MBA from Northwestern Kellogg searchers here have volunteered hun- take a broader, long-term view toward School of Management and worked in dreds of thousands of hours helping to our debt and deficit. That is why I sup- the family’s 56-year-old air-condi- educate the people they serve and en- port the Senate budget which would re- tioning and heating business, Owens suring these families have access to place the sequester with targeted Companies, Inc. He had everything to support networks. All of this is made spending cuts and additional revenue, live for. But when Jim was diagnosed, possible in part because of Federal in- reducing the deficit in a balanced way. there were almost no treatment op- vestment in the NIH.

VerDate Mar 15 2010 23:28 Jul 29, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.022 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5994 CONGRESSIONAL RECORD — SENATE July 29, 2013 These are inspiring stories, but sup- The bill clerk read the nomination of Standing Rules of the Senate, hereby move porting NIH is important for another Byron Todd Jones, of Minnesota, to be to bring to a close debate on the nomination reason—meeting the skyrocketing cost Director, Bureau of Alcohol, Tobacco, of Samantha Power, of Massachusetts, to be of treating chronic diseases. In total, Firearms, and Explosives. the Representative of the United States of America to the United Nations, with the today more than half of Americans are The PRESIDING OFFICER. The ma- rank and status of Ambassador Extraor- suffering from one or more chronic dis- jority leader. dinary and Plenipotentiary, and the Rep- eases. According to the Centers for Dis- CLOTURE MOTION resentative of the United States of America ease Control and Prevention, taken to- Mr. REID. I send a cloture motion to in the Security Council of the United Na- gether these chronic diseases cause 7 in the desk. tions. 10 deaths and account for about 75 per- The PRESIDING OFFICER. The clo- Harry Reid, Robert Menendez, Patrick J. Leahy, Mark Begich, Christopher A. cent of the $2 trillion we spend on med- ture motion having been presented ical care. This year it is estimated that Coons, Martin Heinrich, Parry Murray, under rule XXII, the Chair directs the Bernard Sanders, Jeanne Shaheen, almost 1.7 million people will be diag- clerk to read the motion. Benjamin L. Cardin, Al Franken, nosed with cancer, and almost 600,000 The bill clerk read as follows: Sherrod Brown, Tom Harkin, Thomas are projected to die from this dev- CLOTURE MOTION R. Carper, Sheldon Whitehouse, Bill astating disease. That is approximately Nelson, Charles E. Schumer. We, the undersigned Senators, in accord- 1,600 people a day. ance with the provisions of rule XXII of the f Everyone in this room knows some- Standing Rules of the Senate, hereby move one who had cancer or has cancer now, to bring to a close debate on the nomination LEGISLATIVE SESSION and 26 million Americans are living of Byron Todd Jones, of Minnesota, to be Di- The PRESIDING OFFICER. Under with diabetes, with a new case diag- rector, Bureau of Alcohol, Tobacco, Fire- the previous order, the Senate will re- nosed every 30 seconds. An estimated arms, and Explosives. sume legislative session. 5.2 million Americans are living with Harry Reid, Patrick J. Leahy, Mark Alzheimer’s disease, and we know this Begich, Christopher A. Coons, Thomas f number will escalate rapidly in the R. Carper, Patty Murray, Martin Hein- rich, Bernard Sanders, Jeanne Sha- JONES NOMINATION coming years as the baby boom genera- heen, Benjamin L. Cardin, Al Franken, Ms. KLOBUCHAR. I thank the major- tion ages. Sherrod Brown, Tom Harkin, Jack The growing prevalence of chronic ity leader for his work and the Mem- Reed, Sheldon Whitehouse, Bill Nelson, bers of the Senate for allowing Todd disease is having an impact not just on Charles E. Schumer. Americans’ physical health but on our Jones to get a vote to head the Alco- Mr. REID. Mr. President, before I hol, Tobacco and Firearms Bureau. economy as well. In 2008 cancer cost proceed, I would just note it is coinci- our country over $200 billion. A recent This is a job that has gone unfilled, as dental that the Senator from Min- you know, for 7 years, since it became report on diabetes costs shows that the nesota is on the floor. I have heard her money spent on diabetes care has risen confirmable under law—7 years, under often speak about what a wonderful job President Bush, under President 41 percent, from $174 billion to $245 bil- this man has done as U.S. attorney in lion in the last 5 years, and Alz- Obama. These 2,400 agents have had no the State of Minnesota, in addition to leader. heimer’s alone is expected to cost our his other duties. I am glad she is on the country over $1 trillion by 2050. During that time they have inves- Senate floor to understand we are mov- tigated extensive crimes, including All of us as taxpayers help pay that ing forward on this nomination. bill because public programs such as just this year the Boston Marathon Mr. President, there is another mat- bombing, as well as the explosion in Medicare and Medicaid cover a signifi- ter to be reported. cant amount of the cost of care and Texas. These are just examples of what treatment. f these agents are doing. They deserve a full-time leader. If we had earlier interventions and NOMINATION OF SAMANTHA Mr. Jones is a former marine. He has treatments that delayed the onset of POWER TO BE THE REPRESENT- five children. He has been going back these diseases, we would be able to re- ATIVE OF THE UNITED STATES and forth in Minnesota between the duce spending significantly. Take Alz- OF AMERICA TO THE UNITED U.S. attorney’s job and doing the ATF heimer’s as an example. NATIONS, WITH THE RANK AND job for 2 years. The PRESIDING OFFICER. The ma- STATUS OF AMBASSADOR EX- Enough is enough. I am glad we are jority leader is recognized. TRAORDINARY AND PLENI- moving forward with this nomination. f POTENTIARY, AND THE REP- I am glad for Mr. Jones, who deserves RESENTATIVE OF THE UNITED EXECUTIVE CALENDAR—UNANI- it, and who has been willing to put his STATES OF AMERICA IN THE SE- MOUS CONSENT AGREEMENT name forward, willing to come in, clean CURITY COUNCIL OF THE Mr. REID. Mr. President, I ask unan- up this agency after Fast and Furious UNITED NATIONS imous consent the Senate proceed to and all the concerns we all had with executive session and it be in order to The PRESIDING OFFICER. The that effort. He was willing to come in, file cloture on Executive Calendar Nos. clerk will report the nomination. take over this very difficult job, and do 201 and 220; further, that the manda- The bill clerk read the nomination of two jobs at once. He deserves to be con- tory quorum under rule XXII be Samantha Power, of Massachusetts, to firmed for this job. waived; finally, that if this request is be the Representative of the United I am pleased for the agents as well, granted, the Senate resume legislative States to the United Nations with the those 2,400 hard-working people who session after the final cloture motion is rank and status of Ambassador Ex- simply go to work every day, immune reported pursuant to this order. traordinary and Plenipotentiary, and from the politicians, immune from The PRESIDING OFFICER. Without Representative of the United States what Democrats think or what Repub- objection, it is so ordered. America in the Security Council of the licans think. They just deserve a boss. The Senate will proceed to executive United Nations. That is what this vote is about. session. CLOTURE MOTION f f Mr. REID. I send a cloture motion to EXECUTIVE SESSION the desk on Calendar No. 220. NIH The PRESIDING OFFICER. The clo- Mr. President, I want to finish my re- ture motion having been presented marks about NIH. It is incredibly im- NOMINATION OF BYRON TODD under rule XXII, the Chair directs the portant in my State. It is the home of JONES TO BE DIRECTOR, BU- clerk to read the motion. the Mayo Clinic, the home of the Uni- REAU OF ALCOHOL, TOBACCO, The bill clerk read as follows: versity of Minnesota where they are FIREARMS, AND EXPLOSIVES CLOTURE MOTION now undertaking the simple task of The PRESIDING OFFICER. The We, the undersigned Senators, in accord- mapping the brain. And talk about clerk will report the nomination. ance with the provisions of rule XXII of the what these cuts mean—I focused before

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.024 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S5995 on the stories of individual Minneso- I hear from countless students and in the past months, indeed years, he tans, but I also spoke about the cost if researchers who are considering leav- has served in this critical position. we do not do anything, the cost of inac- ing the field or even the country be- When we recently went through the tion, the cost of not doing the research, cause funding is not available here. If debate on sensible commonsense gun looking at Alzheimer’s as an example. we are not going to have the funding, violence measures—which, unfortu- If we were able to delay the onset of they are going to do their research in nately, did not pass this body—we Alzheimer’s by just 5 years—this is not Canada or some other country. We often heard about the need for more curing it; this is simply delaying the can’t allow the pipeline of future re- prosecutions, more effective investiga- onset by 5 years—if we were able to searchers to dry up or move overseas. tion and pursuit of cases against delay the onset of Alzheimer’s by 5 Investing in medical research is the lawbreakers involving guns. Todd years, similar to the effect that right thing to do. It is also the smart Jones is committed to that task. I be- anticholesterol drugs have on pre- thing do, and that is why support for lieve—with many others—that there venting heart disease, we would be able this research is not a partisan issue in needs to be more prosecutions and to cut the government spending on Alz- the Senate. more effective enforcement of these heimer’s care by almost half in 2050. I thank Senate Appropriations Com- laws. We are talking about billions of dol- mittee Chairman MIKULSKI and Rank- ATF needs more resources to do lars. ing Member SHELBY and the Labor and those prosecutions and it needs more The answer, of course, to delay the Health and Human Services Sub- leadership, which Todd Jones can pro- onset of Alzheimer’s by 5 years will not committee chairman, Senator HARKIN, vide if he is confirmed and given the just drop from the sky. It needs dedi- and Ranking Member MORAN for their mandate from the Senate that he needs cated scientists and doctors with the strong leadership on this issue. I ap- and the agency deserves to do its work resources to conduct the experimen- plaud the work they have done more effectively. tation and to move forward. I have prioritizing NIH funding by providing In just a few minutes, we will hear seen what they are doing with mapping $31 billion in 2014. This figure could from my great friend and colleague the brain. I met with those scientists again be cut by billions if we do not re- from Connecticut about the continuing afterward, and I asked them about the place the sequester with sensible, tar- scourge of gun violence and how it con- groundbreaking work. geted spending cuts similar to what we tinues to take a toll in the absence of They talked about the effect this is included in the Senate budget. effective measures from the Congress. having on young scientists who are Why put the money aside if we are I join my colleague in urging that afraid to go into these fields. They going to then slash it because of se- this body fulfill its obligation, man- don’t know if their research will be quester, when we all know it should be date, and responsibility from the funded because there is only enough replaced with more targeted spending American people to do more and do it money to fund the research that has cuts, something that makes more more effectively. We need to adopt sen- been going on for years. So many inno- sense, is a mix of revenue and spending sible measures, such as national back- vative ideas can be lost if this con- cuts as suggested by the Simpson- ground checks, a ban on illegal traf- tinues. Bowles Commission and every other ficking and straw purchases, a more ef- At lunch last week we all heard from economic commission that looked at fective mental health initiative, and Francis Collins, who heads up the NIH. this matter. It is time to replace se- school safety measures, which Todd He talked about the hope and exciting questration with something that Jones will bring to this office. He will developments that are going on in com- makes sense. Cutting research that address gun violence and all of the re- bating diseases. Yet our country—what saves and lengthens people’s lives who sponsibilities within the important a time to step back. This is not the have Alzheimer’s, diabetes, and helps purview of the ATF. time to step back when we are on the people who have autism is the wrong The Alcohol, Traffic, and Firearms verge of delaying the onset of Alz- way to go. Bureau has a long, storied, and distin- heimer’s, of helping so many people, We all agree about the importance of guished history, and Todd Jones will and saving so much money. What we reining in wasteful spending and reduc- make it more so through his leader- are spending on research is literally a ing the deficit and the need for the gov- ship. drop in the bucket compared to the ernment to improve its fiscal dis- Equally important, this afternoon we cost of the disease. cipline, but we cannot do this in a way will vote on James Comey—I am proud Investment in NIH is not just right that is penny wise and pound foolish. to say he is a resident of Fairfield, to do from a public health perspective, Fiscal responsibility is about values CT—as the next Director of the Federal it also makes good economic sense. and priorities just as much as it is Bureau of Investigation. I know this NIH generates tens of billions of dol- about dollars and cents. It is about agency well because I worked with lars in new economic activity across spending smart as well as spending agents of the FBI day in and day out the country each year and supports cuts. when I was U.S. attorney in Con- hundreds of thousands of good jobs. I strongly support NIH and the hope necticut for 41⁄2 years. I know it well In 2012, NIH funding supported 8,800 it brings to people in my State and because I have seen his work as attor- jobs in my State alone. Unfortunately, across the country. I look forward to ney general of Connecticut. I know it Federal investment in medical re- working with my colleagues in a bipar- well because over the years I have search has stagnated in the last dec- tisan fashion to replace the cuts im- come to know the extraordinary men ade. As a result of sequestration, fund- posed by the sequester and ensure our and women of the FBI. ing for NIH was slashed $1.55 billion country maintains its leadership in They are extraordinary in their brav- this year alone. This cut means 700 medical innovation. ery, perseverance, and skill. They are fewer competitive research grants will I yield the floor. extraordinary in their expertise, expe- be funded and 750 fewer patients will be The PRESIDING OFFICER (Ms. rience, and their respect for the law, admitted to the NIH clinical center. HIRONO). The Senator from Kentucky. which is so critical. They have a sense This reduction comes at a time when Mr. BLUMENTHAL. Madam Presi- of balance and mission along with their we are funding only 18 percent of po- dent, I wish to thank and join my dedication to making America safer. tential projects. That is a record low friend and colleague from Minnesota Their mandate and purview has ex- for the second year in a row. Senator KLOBUCHAR in her remarks panded over the years from the days In Minnesota, the University of Min- about Todd Jones. He is one of two when car thefts and kidnapping com- nesota could lose $50 million of its $700 very distinguished law enforcement prised a major part of their caseload to million Federal research budget in the nominees who will come before this now cybersecurity, terrorism, and com- next couple of years. This drop in sup- body for confirmation in the coming puter hacking. port not only threatens research in the days. Jim Comey is a man for the modern short term but could have devastating I wish to join my friend in enthu- FBI, an agency with a long and distin- effects on innovation in the United siastically praising Acting Director guished history that now faces new States for many years to come. Jones for his perseverance and courage threats and new responsibilities. He is

VerDate Mar 15 2010 23:28 Jul 29, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.025 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5996 CONGRESSIONAL RECORD — SENATE July 29, 2013 truly a prosecutor’s prosecutor. His home. It has hit home in Connecticut. Coburn amendment No. 1751, to prohibit life’s work has been about law enforce- I saw it, as attorney general of our Federal funding of union activities by Fed- ment. State, as a crime, a predatory scourge eral employees. He began in the U.S. Department of Coburn amendment No. 1754, to prohibit that hits men and women and chil- Federal funds from being used to meet the Justice as an assistant U.S. attorney in dren—most searingly and matching requirements of other Federal pro- the Southern District of New York. He heartbreakingly, children who are grams. rose to become Deputy Chief of the forced into labor or into sexual exploi- Murphy amendment No. 1783, to require Criminal Division. He soon moved to tation. the Secretary of Transportation to assess the job of managing assistant U.S. at- The FBI’s crackdown shows that an the impact on domestic employment of a torney for the Eastern District of Vir- effective partnership involving local waiver of the Buy America requirement for ginia, where his superiors recognized police—like law enforcement in New Federal-aid highway projects prior to issuing the waiver. his exceptional ability, his remarkable Haven, CT, where six children were res- combination of scholarship, and prac- cued—along with State and Federal The PRESIDING OFFICER. The Sen- tical sense of investigation. law enforcement can effectively crack ator from Connecticut. When they assigned to him responsi- down on this scourge. The FBI is to be Mr. MURPHY. Madam President, I bility for the terrorist attack on the commended and so is Mr. Comey for his ask unanimous consent to speak as in Khobar barracks in Saudi Arabia, he commitment to combat this problem. morning business. quickly delivered 14 indictments and The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without earned another promotion. This time ator’s time is expired. objection, it is so ordered. he was promoted to become the U.S. Mr. BLUMENTHAL. Madam Presi- GUN VIOLENCE attorney for the Southern District of dent, I ask unanimous consent for 2 ad- Mr. MURPHY. Madam President, let New York. His service there was recog- ditional minutes. me associate myself with the remarks nized as remarkably distinguished and The PRESIDING OFFICER. Is there of my colleague from Connecticut, Sen- successful, especially in overseeing objection? ator BLUMENTHAL, as well as the major- that office’s terrorism investigations Without objection, it is so ordered. ity leader, who was here earlier today, and prosecutions. He made a priority of Mr. BLUMENTHAL. As I said, I com- and Senator KLOBUCHAR—all speaking corporate crime—white-collar crime. mend the FBI and I thank them for on behalf of our nominee to head the He never feared to take on the tough- this effective action and Mr. Comey for ATF, as well as Senator BLUMENTHAL’s est of challenges. He prosecuted big his commitment to continuing that remarks on behalf of Fairfield, CT, businesses but also terrorism. He re- crackdown on human trafficking. resident James Comey to be the head ceived the Director’s Award for supe- I also thank his wife and his family, of the FBI. Very few agencies, other rior performance and the Henry L. his five children, for their generosity in than the ATF and the FBI, are more Stimson Medal from the New York becoming an adoption family; that is, intricately involved in the preserva- City Bar Association. adopting children, through the licensed tion of the health and safety of the He became Deputy Attorney General, foster parents program in Connecticut. American public, and we deserve to the second highest ranking official at I thank them for becoming foster par- have votes on those nominees tonight the Department of Justice. In that ents, I should say more accurately, and and this week. job—and much has been written about caring for infants and toddlers. They But I also want to associate myself this incident in his professional life— have also donated money to create a with the other remarks Senator KLO- he demonstrated unbelievable and pas- foundation to support children who age BUCHAR made. She talked about our ob- sionate dedication to the rule of law by out of foster care. ligation as a body to reverse these very standing up to his own superiors and in He is truly a man dedicated to public damaging sequester cuts to NIH fund- speaking truth to power on a variety of service. We will be proud of him as an ing for medical research, and she listed issues but most especially when he effective and able leader of the FBI in some very compelling stories about stood up to some of the President’s a challenging time. men and women who have had their men, and his own superiors, in saying I yield the floor. lives saved, preserved, lengthened be- he would stand for personal constitu- cause of discoveries made through tional rights at a time when they were f medical research. threatened. He has been a person of in- CONCLUSION OF MORNING It is a reminder to the Senate and to tegrity and dedication to the rule of BUSINESS the House—to anyone who treads upon these two floors—that we hold life and law—bigger than any single person The PRESIDING OFFICER. Morning death in our hands with the decisions throughout his career—even in the face business is closed. of that kind of tremendous pressure. we make. We decide when we choose to In my conversations with him, he has f fund or not fund the NIH as to whether also committed himself to the vigorous TRANSPORTATION, HOUSING AND we are going to give life to people who and zealous pursuit of gun violence. I URBAN DEVELOPMENT, AND RE- are waiting on those kinds of cures and have spoken to him publicly and pri- LATED AGENCIES APPROPRIA- treatments. vately about this issue. He testified in TIONS ACT, 2014 But, similarly, we make decisions response to my questions, and others, about life and death when we choose and clearly demonstrated his commit- The PRESIDING OFFICER. Under not to act, when we choose to do noth- ment to effective enforcement of exist- the previous order, the Senate will re- ing, to sit pat. In this case we make a ing and improved laws, such as back- sume consideration of S. 1243, which decision to allow people to die in this ground checks and a ban on straw pur- the clerk will report. country—specifically 6,633 people since chases and illegal trafficking. The assistant bill clerk read as fol- December 14—when we make a choice He has also committed himself pub- lows: to do nothing about the scourge of gun licly, and in his conversation with me, A bill (S. 1243) making appropriations for violence that continues to plague this to a continued crackdown on human the Departments of Transportation, and Nation. trafficking. I wish to thank and com- Housing and Urban Development, and related I have tried to come down here every agencies for the fiscal year ending Sep- single week—as Senator KLOBUCHAR mend the FBI for its stunningly suc- tember 30, 2014, and for other purposes. cessful arrests of 150 pimps. They res- did in speaking about the effects of cued 105 children in a nationwide Pending: funding medical research in very per- crackdown—literally within the past 24 Murray (for Cardin) modified amendment sonal terms—to talk about the implica- to 48 hours—including 6 children in No. 1760, to require the Secretary of Trans- tions of doing nothing when it comes portation to submit to Congress a report re- to the increasing levels of gun violence New Haven, CT. lating to the condition of lane miles and This stunning success shows dramati- highway bridge deck. in this country, in similarly personal cally—including the rescue of six chil- Coburn amendment No. 1750, to prohibit terms. dren in Connecticut—how this invis- funds from being directed to Federal employ- December 14, of course, for most peo- ible, pernicious scourge can hit close to ees with unpaid Federal tax liability. ple is easily recognized as the date

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.027 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S5997 when 20 6- and 7-year-olds were killed The next day, the community had a ons. But they will absolutely bring in Sandy Hook, CT, along with 6 adults vigil for him. The vigil was to remem- some of those people back. They will who cared for them, as well as the gun- ber him but also because they did not absolutely lessen the rate below 30 a man and his mother. Since that day, have enough money for a funeral. So as day. 6,633 people have been killed by guns at the vigil was going on, one of his I am going to continue to come down a rate of about 30 a day—the highest of friends stood out on the corner with an to the floor week after week to tell the any civilized nation in the world, and empty tin can of iced-tea mix, asking stories of victims of gun violence, to we do nothing. passersby to contribute a couple cents give them a voice on the floor of the One of those, on July 14, was Horsley for a funeral that was expected to cost Senate, so that someday, some time, Shorter, Jr. Horsley managed a Family $2,000. hopefully soon, this place will wake up Dollar store in Tampa, FL. Junior, as Over the July 4 period, there were to the fact that we do have responsi- he was known, had some kids come in three shootings in New Haven, CT. bility over life and death on the floor occasionally who would try to take At around 10:30 on Wednesday night, of the Senate, and it is about time, things out of the store or try to steal. police said somebody shot and killed when it comes to the rising incidents of When he had to report them to the po- 19-year-old Errol Marshal. His body gun violence across this country, we do lice, he would. But this was a very was discovered on the front porch of a something about it. gentle man, and more often than not home, pronounced dead at the scene. I yield back the floor. he would pull the kids aside and try to At the same time, investigators I suggest the absence of a quorum. talk through things with them to try found Courtney Jackson, a 26-year-old, The PRESIDING OFFICER. The to help them understand what they suffering from a gunshot wound to the clerk will call the roll. were doing and what the implications stomach. The assistant bill clerk proceeded to were. Brian Gibson, 23, of New Haven, was call the roll. He would never do anything to insti- shot outside of a public housing com- Mrs. MURRAY. Madam President, I gate a fight, his friend said. In fact, his plex shortly thereafter. ask unanimous consent that the order last words to one of his coworkers was All three shootings were connected. for the quorum call be rescinded. ‘‘the pen is mightier than the sword.’’ All three shootings are due to the fact The PRESIDING OFFICER. Without What happened that day was an that too many kids and too many objection, it is so ordered. armed robber came into the store and young adults today do not know how to f demanded money from the clerk. Ac- resolve their disputes any other way cording to police, Shorter was inside than getting a gun, and also because in EXECUTIVE SESSION the office, and he was shot when he ran a city such as New Haven guns are like water; they are all over the place. They out to try to help his coworker who NOMINATION OF JAMES B. COMEY, are all over the place because this body was at the counter. The robber then JR., TO BE DIRECTOR OF THE does not pass legislation to keep guns forced the clerk at gunpoint into the FEDERAL BUREAU OF INVES- out of the hands of criminals. We parking lot, where he stole the clerk’s TIGATION—Resumed car and used it to escape. According to refuse to pass a bill making it a Fed- one friend, Shorter was very close to eral crime to illegally traffic guns. The PRESIDING OFFICER. Under that coworker, took him under his All those seem very dissimilar from the previous order, the Senate will pro- wing, which was the reason he ran out Newtown. But then there are ones you ceed to executive session to consider into harm’s way to try to save him. hear about that strike you as so simi- the following nomination, which the This friend said: lar to the reason why I am here today clerk will report. I believe that’s why that young guy is alive talking about this, because of the 26 The assistant bill clerk read the [today]. Junior wasn’t going to watch no- people who died at the Sandy Hook El- nomination of James B. Comey, Jr., of body die. He gave his life for him. ementary School. Connecticut, to be Director of the Fed- About 2 weeks earlier, on July 2, Not much more than a month after eral Bureau of Investigation. Chanice Reed, 22, and Annette Reed, Newtown, the Griego family was killed, The PRESIDING OFFICER. Under her mother, as well as Eddie McCuin, a all in one fell swoop, in Albuquerque, the previous order, the time until 5:30 10-year-old, were shot in a triple mur- NM—Greg, 51; Sarah, 40; Zephania, 9; p.m. shall be equally divided and con- der in Fort Worth, TX. Jael, 5; and Angelina, 2. The parents trolled in the usual form. An hour after the shooter killed his were killed by their son, the little girls Mrs. MURRAY. Madam President, I pregnant girlfriend, her mother, and and boy killed by their brother. Nehe- ask unanimous consent that the her little brother, he walked into the miah was 15 years old when he took a quorum call be divided equally between Forest Hill Police Department, telling semiautomatic weapon to kill his fam- the majority and minority. officers to arrest him because he ‘‘did ily. Like Adam Lanza, the shooter in The PRESIDING OFFICER. Without something bad.’’ He was 22 years old. Newtown, Nehemiah was a troubled objection, it is so ordered. He had a history of domestic violence. teen—more troubled than anyone Mrs. MURRAY. I suggest the absence He was sentenced to 1 year of deferred around could have realized. Like Adam of a quorum. adjudication probation because of as- Lanza, he took out his rage on his fam- The PRESIDING OFFICER. The sault. ily, first killing his mother while she clerk will call the roll. Because of a domestic dispute, and lay sleeping in her bed. Like Adam The assistant bill clerk proceeded to because of his easy access to guns, in Lanza, he had plans to continue his call the roll. order to resolve this disagreement, he killing spree. He was going to go to the Mrs. MURRAY. Madam President, I shot his pregnant girlfriend, her moth- local Wal-Mart before he was stopped. ask unanimous consent that the order er, and her 10-year-old little brother. He was anticipating getting into a fire- for the quorum call be rescinded. Just a couple days ago, in Bridge- fight with the police. And like Adam The PRESIDING OFFICER. Without port, CT, Pablo Aquino died. He was 27 Lanza, he used an assault weapon that objection, it is so ordered. years old. He was described as a ‘‘hum- was readily available to him in his own TRANSPORTATION AND HOUSING ble man.’’ He was always down at the home. APPROPRIATIONS baseball field helping kids because he Greg, 51; Sarah, 40; Zephania, 9; Jael, Mrs. MURRAY. Madam President, I had a son playing baseball there. 5; Angelina, 2—5 of the 6,633 people—30 want to notify all of our colleagues He spent his days at the Fairfield or so a day—who have been killed by that Senator COLLINS and I have been County Hunting Club in Westport, guns since December 14. We are not working together with many of our col- where he tended to horses. going to stop them all by passing a leagues on amendments to the trans- He got into an argument—a simple piece of legislation on the Senate floor. portation and housing bill over the argument—when the suspect decided Background checks will not bring 6,600 past week. I want to be very clear— that the best way to solve this argu- people back, nor will a ban on human that work is continuing. The majority ment was to turn a gun on Pablo, kill- trafficking, nor will a ban on the sale leader has made clear that we are ing him. of 30-round magazines or assault weap- going to keep working on amendments

VerDate Mar 15 2010 01:55 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.016 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5998 CONGRESSIONAL RECORD — SENATE July 29, 2013 on that bill, so everybody should be homeless veterans, of disabled senior sion on a high note of passing, on time, prepared for more votes. citizens, of very low-income families. an individual appropriations bill. I am I urge all of my colleagues to con- It is a bill that will help the private willing to work hard over the recess to tinue talking to me and to Senator sector create thousands of new jobs at conference the two bills, to get going COLLINS, and we will keep working to a time when our economy needs them— on that. I know the chairman is as get as many amendments as possible. in fact, hundreds of thousands of new well. Many of you have approached us al- jobs. I want to thank the chairman and my ready with your plans and thoughts. I It is not surprising to me that so staff and her staff also for working so urge the rest of you not to wait until many organizations are lending their hard. the last minute. Senator COLLINS and I voices in support of this bill. I want to Mrs. MURRAY. Madam President, I are working with the floor staff to line read one quote from the letter from suggest the absence of a quorum. up votes. these organizations. The letter notes The PRESIDING OFFICER. The I know everyone is anxious to have that: clerk will call the roll. The assistant bill clerk proceeded to the August recess occur. We are as Through these investments, Congress sup- well. The sooner we can get the amend- call the roll. ports small business job creation, expands Mr. LEAHY. I ask unanimous con- ments and get this bill completed, the our nation’s infrastructure capacity, sup- sent that the order for the quorum call sooner all of us will be able to accom- ports economic recovery and growth, reduces homelessness and housing hardships, and be rescinded. plish that. The PRESIDING OFFICER. Without I know a number of our colleagues on promotes lasting community and family eco- nomic success. objection, it is so ordered. the floor have noted that this has been Mr. LEAHY. Madam President, what an open process. That is what Senator I think that is a very good descrip- tion of the purpose and the programs in is the parliamentary situation? COLLINS and I set out to do, and we are The PRESIDING OFFICER. The this bill. going to make sure that continues. nomination of Mr. Comey to be the FBI One of the programs in this bill that This is a bipartisan bill. I will remind Director. all of us that it got 6 Republican votes is extremely popular and has been used very well to promote economic devel- COMEY NOMINATION in committee and 73 votes to proceed Mr. LEAHY. Madam President, I opment and community reinvestment to the open debate we have had this wish to speak about the Comey nomi- in my State is the funding for the Com- past week. That debate, again, is going nation. to continue. I am hopeful we can move munity Development Block Grant Pro- James Comey, Jr., should be con- to a bipartisan finish on a good bill gram. That is an area where our bill firmed to be our next Director of the that reflects great ideas from both differs greatly from the House bill. Federal Bureau of Investigation. I feel sides of the aisle. I want to point out that tomorrow it should be done without delay. Direc- I again want to thank Senator COL- the House of Representatives is ex- tor Mueller has served very well, but LINS for her work on this, and we are pected to consider its version of the fis- his term expires early September. It is ready to move forward. cal year 2014 Transportation and Hous- imperative the Senate work quickly to I yield the floor to her at this time. ing and Urban Development appropria- confirm his successor. The PRESIDING OFFICER. The Sen- tions bill. Think about this. If we pass I worked with Ranking Member ator from Maine. our bill, they pass their bill, we could GRASSLEY to schedule James Comey’s Ms. COLLINS. Thank you, Madam actually proceed to a conference com- confirmation hearing as soon as we re- President. mittee and work out the differences be- turned from the Fourth of July recess. Colleagues, as the chairman of our tween our respective bills. The dif- Earlier this month, with Senator subcommittee, Senator MURRAY, has ferences are marked. I do not minimize GRASSLEY’s cooperation, we in the Ju- pointed out, we are continuing to work the differences in terms of priorities diciary Committee unanimously re- through the amendments that have and funding, but that is what Congress ported the nomination of James Comey been filed on this bill. is all about. to the floor. However, in contrast with I do not think I need to remind any If we do pass our bill and the House the treatment of previous FBI Director of our colleagues on either side of the proceeds to pass its version of the T- nominees—the FBI Director nominees aisle that the August recess is fast ap- HUD appropriations bill, we will be the of all preceding Presidents—who were proaching and the Senate will have to first but I hope not the only fiscal year all confirmed by the full Senate within wrap up its work on this bill before we 2014 spending bill that is ready for con- a day or two of being reported by the adjourn. ference, goes to conference, and I hope Senate Judiciary Committee, James So I would say to my colleagues, if becomes law. Comey is the first FBI Director nomi- you have good ideas or even not so Finally, let me say, I recognize the nee to be filibustered in Senate history good ideas about this bill, we urge you Senate bill is not perfect, despite the by either Republicans or Democrats. to come to the floor and file your heroic efforts Senator MURRAY and I In this case, of course, it is the Re- amendment and do so as soon as pos- made in committee and the input and publicans who are filibustering a law sible. insight from our colleagues that are in- enforcement position such as this, As Chairman MURRAY has pointed corporated into this bill. But it is a somebody who was voted out of the out, there has been an open amend- good-faith bipartisan effort that at- committee by every single Republican ment process. We have disposed of tempts to strike the right balance be- and Democratic Senator—and then to some amendments; a couple through tween fiscal responsibility and our Na- be filibustered by Republicans on his rollcall votes, a few others through tion’s infrastructure and housing nomination? unanimous consent. But we could have needs. We should be voting to confirm done a lot more last week had people I am confident the bill that would James Comey tonight. It has already been willing to come to the floor and come back from conference would be, taken twice as long to bring up this allow us to proceed to amendments frankly, at a lower spending level, nomination for a vote in the full Sen- that were filed. which I and many on my side of the ate as for any previous FBI Director. I also want to highlight a letter the aisle want to see. But I was encouraged President Obama officially nominated Appropriations Committee has re- by the Senate’s vote last week of 73 to James Comey on June 21, 38 days ago. ceived from more than 2,420 national, 26 to allow the Senate to proceed to No other FBI Director has waited State, and local organizations, and this bill. I know we can make improve- longer than 20 days from nomination to State and local government officials in ments. That is what the amendment confirmation. The FBI Director plays a support of the funding that is in the process is all about. very vital role in our national security, programs that are included in this im- Again, I want to second what our and the Senate must put an end to portant bill. This is an important bill. chairman has said and encourage our these routine delays. It is a bill that will help us rebuild our colleagues to get their amendments Nearly 12 years ago, when the Senate crumbling infrastructure. It is a bill filed and to work with both of us so we considered President Bush’s nomina- that helps us meet the housing needs of can proceed to wrap up this work ses- tion of Robert Mueller to be Director of

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I wanted to that James Comey is such a leader. I Contrast that with President Bush, make sure that as FBI Director, James am urging Senators on both sides of Democrats were in the majority, and Comey would never condone or resort the aisle to join me in voting to over- we Democrats worked to get President to waterboarding a prisoner—some- come this filibuster in a vote to con- Bush’s nominee confirmed the same thing for which we have prosecuted firm him to be the next Director of the day he came out of committee. people in other countries. He answered Federal Bureau of Investigation. We Democrats made sure politics my questions and stated directly, un- As I said before—and I will put into were not in play in the confirmation of equivocally, that waterboarding is not the RECORD how long it has taken from the FBI Director. Republicans only personally abhorrent but that it is nomination to confirmation—twice as shouldn’t allow politics to play in the torture and illegal. He also testified long as President Bush’s FBI nomina- confirmation of an FBI Director. I said that if confirmed he would continue tion, more than twice as long as Presi- at the time, with Robert Mueller, I the FBI’s policy of not permitting the dent Reagan’s FBI nomination, and noted the FBI’s sweeping investigatory use of abusive interrogation techniques twice as long as President Nixon’s FBI powers, when used properly, can pro- against prisoners, including sleep dep- nomination. In every one of those tect all of us by combating crime, espi- rivation and cramped confinement. cases, no Democrat filibustered Presi- onage, and terrorism. But I also Mr. Comey and I do not agree on all dent Bush, President Reagan, and warned that unchecked, these same matters. I do not agree with him that President Nixon. We all worked to get powers could undermine our civil lib- the Authorization for the Use of Mili- the FBI Director in there. This fili- erties and our right to privacy. tary Force permits the government to When I spoke those words, I didn’t buster by my friends on the other side detain indefinitely an American citizen of the aisle is unprecedented. I wish know that just 40 days later the captured on American soil in military world—and the FBI -would change dra- they would treat President Obama the custody without charge or trial, and I same way we treated President Bush, matically in the wake of the terrorist will continue to oppose efforts to cod- attacks on September 11. It shook this President Reagan, and President Nixon ify such an interpretation of the law. I and not make President Obama seem area, including even the Senate be- was glad James Comey committed to cause of the anthrax attack, which to be somehow different and interfere adhering to the current administration with law enforcement the way they killed a number of individuals. One of policy of not indefinitely detaining the anthrax letters was addressed to have. Americans in such circumstances. Madam President, I ask unanimous me. As the full Senate considers the When he testified before us, I saw a President’s nomination of James consent to have printed in the RECORD man of integrity and honesty, com- a chart showing how long it took pre- Comey to be the seventh Director of petent in background, and so once he is the FBI, what I said in 2001 holds true vious Presidents. confirmed—and I trust he will be con- There being no objection, the mate- today. With the increased counterter- firmed once this filibuster has ended— rorism role of the FBI and the expan- rial was ordered to be printed in the I will continue to press him on the RECORD, as follows: sion of the FBI’s surveillance activi- scope and legality of surveillance con- ties, it is even more imperative that ducted by the government pursuant to Total # days from nomination to the next FBI Director possesses an un- FBI Director Nominee confirmation the PATRIOT Act and other authori- flagging commitment to the Constitu- ties under the Foreign Surveillance In- JAMES B. COMEY, JR. (OBAMA) ...... 38 days—as of 7/29/13. tion and the rule of law. ROBERT S. MUELLER, III (W. BUSH) 15 days. James Comey is the right man to telligence Act. As I noted during his LOUIS FREEH (CLINTON) ...... 17 days. confirmation hearing, just because the WILLIAM SESSIONS (REAGAN) ...... 16 days. lead the FBI. He has had a long and WILLIAM WEBSTER (CARTER) ...... 20 days. outstanding career in law enforcement. FBI has the ability to collect huge CLARENCE KELLEY (NIXON) ...... 19 days. He worked for years as a front-line amounts of data does not mean it THE BUDGET prosecutor on a range of cases fighting should be collecting huge amounts of violent crime, terrorism, and white- data. As the head of our premier law Mr. LEAHY. Madam President, I see collar fraud, all of which are at the enforcement agency, the FBI Director my friend from Iowa on the floor, but I core of the FBI’s mission. He also bears a special responsibility to ensure want to express for the record my con- served as the U.S. attorney for the that domestic government surveillance cern about this kind of unprecedented Southern District of New York. He does not unduly infringe upon our free- obstruction. And it is unprecedented. I served as the Deputy Attorney General doms. I have long said that protecting have been here 38 years, and this has under President George W. Bush. our national security and protecting never happened before, this unprece- In fact, Madam President, many of us Americans’ fundamental rights are not dented obstruction of the FBI nominee. remember, when he was Deputy Attor- mutually exclusive. We can and must In addition to the unprecedented ob- ney General, the dramatic hospital do both. I fully expect that James struction on the FBI nominee, I want bedside confrontation James Comey Comey will work to achieve both goals. to mention another topic that my had with senior White House officials After Director Mueller’s distin- friends on the other side of the aisle who tried to prod an ailing John guished tenure at the Bureau, James are blocking. A small minority of Sen- Ashcroft to reauthorize an NSA sur- Comey has big shoes to fill. The next ators are objecting to moving forward veillance program—a program that the Director must face the growing chal- with a budget conference. We have all Justice Department had concluded was lenge of how to sustain the FBI’s in- heard a lot of talk in the last few years illegal. Yet White House staff was over creased focus on counterterrorism about getting our fiscal house in there trying, at his hospital bed, to get while at the same time upholding the order—it makes for a great campaign the Attorney General to agree to it. FBI’s commitment to its historic law slogan. But I am afraid that too many But the Deputy Attorney General enforcement functions. It is going to be in this body are not following through stepped in, in his role as Acting Attor- particularly difficult to protect this on their responsibility to govern. ney General, and stood firm against country and protect our law enforce- It has been over four months since this attempt to circumvent the rule of ment functions because of sequestra- the Senate passed its version of a budg- law, and I believe he will continue to tion and other fiscal constraints, but I et resolution. We all remember being show the same strength of character think the FBI has to continue to play here overnight voting on amendment and principled leadership if confirmed a key role in combating the crimes after amendment. In the intervening as Director. that affect everyday Americans—from months Senate Democrats have tried 17 During his confirmation hearing be- violent crimes, to bank robberies, to times to move to a bipartisan budget fore the Judiciary Committee, James fraud and corruption cases. conference with the House to work out

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Yet each turning to regular order on the budget in American law on the legality of time the perfunctory request is made— conference—and letting conference waterboarding.’’ a request that normally is agreed to members from the House and the Sen- To give you an idea of how widely the shortly after we finish our version of ate work out a final agreement—would Individual Techniques Opinion ranged, the budget—someone from the other be a good first step to bringing some it evaluated the meaning of the terms side of the aisle, with the full support comity and order back to this body so ‘‘severe physical or mental pain or suf- of their leadership, objects. we can serve the American people. fering;’’ it evaluated ‘‘[t]he common After years of crocodile tears from Mr. WHITEHOUSE. Madam Presi- understanding of the term ‘torture’ and the other side of aisle about the lack of dent, I rise today to speak regarding the context in which the statute was a budget from the Senate, we finally the nomination of James B. Comey, enacted’’ and it discussed ‘‘the histor- pass one and they object to moving for- Jr., to serve as Director of the Federal ical understanding of torture.’’ Yet no- ward. Bureau of Investigation. where in this discussion of the ‘‘histor- After years of hearing how we need Mr. Comey has a long record of serv- ical understanding of torture’’ and the to get our fiscal house in order because ice to the Department of Justice. Col- ‘‘common understanding of the term the national debt is the single most leagues doubtless are familiar with Mr. ‘torture’’’ does this opinion mention pressing issue facing the country, we Comey’s role in the infamous scene at that it was the view of the Department pass a responsible budget plan to pay the side of Attorney General Ashcroft’s of Justice itself, confirmed by the U.S. down the debt and they object to mov- hospital bed over the reauthorization Court of Appeals for the Fifth Circuit ing forward. of part of President Bush’s warrantless in 1984, that waterboarding is torture. When it comes time to turn all the wiretapping program. Mr. Comey, to The opinion likewise fails to consider politicking into governing, they get his great credit, stood firm for the rule the American prosecutions of Japanese cold feet and object. of law and for the Department he soldiers for waterboarding our troops As the distinguished chairwoman of served. during the Second World War or the the Budget Committee has lamented Nonetheless, I believe Mr. Comey’s court-martials of American soldiers for over and over again, I am sorry to say role in the issuance of Justice Depart- using the technique in the Philippines that for some factions in the Repub- ment legal opinions on torture deserves after the Spanish-American war. lican Party today ‘‘compromise’’ is a close examination by this body. The shortcomings of the Individual dirty word and ‘‘distrust’’ is a political In August 2002, Assistant Attorney Techniques Opinion go beyond the tactic. That may explain why Senate General Jay Bybee and John Yoo of the failings of its legal analysis. Lawyers Republicans have offered up excuse Justice Department’s Office of Legal cannot analyze the law without know- after excuse for blocking the regular Counsel used what are now acknowl- ing the facts, and the record dem- budget order they so desperately pled edged to be radical—some would say onstrates that the CIA repeatedly gave for just a short time ago. Republicans outlandish—legal arguments to author- the Office of Legal Counsel bad infor- are denying the opportunity for mem- ize the use of torture. Jack Goldsmith, mation about the use and effectiveness bers of this body to work with mem- the subsequent head of the office, with- of the techniques. How willingly Yoo bers of the other body on hammering drew those opinions. His successor, and Bybee accepted false representa- out a final budget agreement. Daniel Levin, issued a new opinion, tions by the CIA about their use of the I have been fortunate to serve in this dated December 30, 2004, that provided techniques is a question for another chamber for 38 years. I was elected to a new analysis of the Federal statute day—and their consciences. the Senate in 1974, the same year the outlawing torture. The Office of Legal In 2004, however, the CIA’s Inspector Congressional Budget Act passed into Counsel, under the leadership of Steven General explained that the CIA had law. And I served here with Senator Bradbury, applied that analysis to a se- used the techniques differently than Edmund Muskie of Maine, the first ries of abusive interrogation tech- they were described in the Yoo and chairman of the Budget Committee. In niques, as used individually and in Bybee opinions. Significant misrepre- all those years—with all those budg- combination. The resulting two opin- sentations also made their way into Of- ets—I cannot recall one, single in- ions—the Individual Techniques Opin- fice of Legal Counsel opinions in 2005. stance where political obstruction like ion and the Combined Techniques Opin- As former FBI interrogator Ali Soufan this blocked the Senate from going to ion—were issued on May 10, 2005. Then- testified at a hearing I held in 2009, a conference on a budget resolution. And Deputy Attorney General Comey con- May 30, 2005, opinion claim about the just to be sure, I checked with the Con- curred in the former and vigorously ob- effectiveness of waterboarding against gressional Research Service and they jected to the latter on both legal and Khalid Sheik Muhammad and the so- could not find another instance of ob- policy grounds. called Dirty Bomber, Jose Padilla, was struction like this on a budget con- I strongly disagree with Mr. Comey’s demonstrably false. And although I ference either. Not from Democrats; conclusion that the Individual Tech- cannot discuss the report of the Senate not from the old GOP; not from anyone niques Opinion was, as he put it at his Intelligence Committee, which remains until now. confirmation hearing before the Judici- classified, it is my firm belief that Some in this body have objected to ary Committee, a ‘‘serious and respon- when all the facts are finally made the Senate considering any appropria- sible interpretation’’ of the torture public, the judgment about the candor tions bills until a final budget agree- statute. Its legal analysis is inadequate of the CIA will be harsh and the Indi- ment is reached. Let me see if I get in numerous ways, but for today I will vidual Techniques Opinion will be fur- this straight. The very same people focus on one of the most significant ther discredited. who have been begging for a new budg- shortcomings. As I pointed out at Mr. Comey’s con- et plan are blocking the Senate from As I have observed on other occa- firmation hearing, it is not enough to going to conference on the budget reso- sions, this opinion omits the 1984 Fifth say that letting the Individual Tech- lution and then saying we cannot pos- Circuit case of United States v. Lee, niques Opinion go was ok because the sibly deal with any bills to fund the which involved the prosecution by the techniques would likely only be used in government next year until we have a Reagan Justice Department of a local combination. If Mr. Comey’s view had final budget agreement, inching us sheriff and deputies who had engaged prevailed and the Combined Tech- even closer to a government shutdown in waterboarding. The Justice Depart- niques Opinion had not been issued, an or a government default that would ment’s brief on appeal described the interrogator could have waterboarded a devastate our economy and ruin the technique in detail and described it as detainee as long as that technique was very fiscal house they claim they are ‘‘water torture.’’ The opinion by the used in isolation. trying to get in order. Oh, the sweet Fifth Circuit likewise repeatedly re- It also concerns me that Mr. Comey irony here. ferred to ‘‘water torture’’ and ‘‘tor- did not press for an analysis of legal It is time for reason and sanity to re- ture.’’ As Professor David Luban of prohibitions other than the torture turn to the Senate—on this budget res- Georgetown Law School explained at a statute. The Individual Techniques olution, on nominations, and on a hearing I chaired in May 2009, Lee is Opinion and the Combined Techniques whole host of other issues. I think re- ‘‘perhaps the single most relevant case Opinion did not consider, for example,

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It may be the practice of stands on other matters of national im- Even then, my colleagues dismissed it. the Office of Legal Counsel to divide portance, and I conclude that Mr. And when he was caught concealing relevant legal questions among mul- Comey has the integrity, the capa- evidence of the deal on his personal tiple opinions, but that does not justify bility, and the commitment to lead the email accounts, he defied a lawfully failing to address all obvious and rel- Federal Bureau of Investigation. I will issued congressional subpoena and re- evant legal questions. As a result, I be- work to see his nomination confirmed fused to turn over the documentation. lieve that concurrence in the Indi- and work with him as he undertakes Incredibly, his defiance was ignored. vidual Techniques Opinion should have this new chapter in his public service. Worse yet, for all this rotten behavior, been withheld until it was clear that The PRESIDING OFFICER. The Sen- the Senate rewarded him with a pro- the Office was evaluating all relevant ator from Iowa. motion by confirming him as Secretary treaty and constitutional questions. Mr. GRASSLEY. Madam President, of Labor. Because I do not believe the Indi- Shortly the Senate will be voting to in- We see the same thing occurring with vidual Techniques Opinion is reason- voke cloture on the nomination of the nomination of Mr. Mayorkas. The able or responsible, and because I be- James B. Comey to become the next nominee for the No. 2 position at the lieve the process for reviewing that Director of the FBI. I will vote to in- Department of Homeland Security is opinion was flawed, I cannot hold Mr. voke cloture and expect many of my the target of an open investigation by Comey blameless for concurring it. He colleagues will do the same. the Inspector General of the Depart- should have done better. The confirmation of a new FBI Direc- ment of Homeland Security. The IG is This evaluation has the benefit of tor is a serious decision for this Cham- investigating allegations that the hindsight and is free from the pressur- ber to consider. As a large Federal law nominee procured a visa as a political ized atmosphere of early 2005, when Mr. enforcement agency, the FBI has nu- favor, even though the visa was prop- Comey was forced to contend with a merous responsibilities and tremen- erly rejected. White House pulling the Justice De- dous power. Only with quality leader- Incredibly, the Senate Committee partment in the wrong direction on a ship and proper Congressional over- pressed on with the hearing despite number of fronts. sight will the FBI be best equipped to unanimous objection from the minor- I accept that it was not Mr. Comey’s fight crime, terrorism, and espionage. ity for moving forward in the midst of responsibility as the Deputy Attorney I think the President has made a fine an open investigation. General to do his own research on the choice in selecting Mr. Comey as the That is incredible to me—a Senate questions addressed by the Individual next leader of the FBI, and I plan to ex- Committee would move forward with a Techniques Opinion. I do think that plain my support for him as we ap- nominee who has an open investigation the opinion had a bad enough odor to proach Mr. Comey’s confirmation vote. into the nominee’s conduct. I wish this put a responsible, well-trained lawyer I recognize there is a level of concern were a unique occurrence, but based on on alert. associated with this nomination re- recent experience in the Judiciary Mr. Comey did take significant, af- garding the use of drones by the FBI. I Committee, it is not an isolated event. firmative steps to satisfy himself that have been at the forefront of this issue, This is exactly what happened recently the Individual Techniques Opinion was raising it last year with the Attorney in the Senate Judiciary Committee issued in good faith, seeing to it that General. The Attorney General gave with respect to Mr. B. Todd Jones, the the opinion was pressure-tested by ex- me an incomplete answer as to the nominee to be Director of the Bureau posing it to broad review within the FBI’s use of drones. of Alcohol, Tobacco, and Firearms. Earlier this year, I learned the Office Department of Justice and the execu- Accordingly, after there was disclo- of Special Counsel was investigating tive branch. This fact distinguishes the sure that the FBI was using drones on Mr. Jones in a complaint that he re- U.S. soil for surveillance, I questioned Individual Techniques Opinion from taliated against a whistleblower in the Mr. Comey about the extent of that the earlier opinions that had been U.S. Attorney’s Office for the District policy. This needs to be addressed by crafted without adequate scrutiny of Minnesota. within the executive branch—scrutiny the new director, and I have Mr. In the Judiciary Committee, it has they likely could not have survived: re- Comey’s assurance he will review the been the Committee’s practice when a member the use of the Medicare stand- policy. I will be monitoring this close- nominee is the subject of an open in- ard for a torture opinion. ly, but we need a director in place, and vestigation, the Committee generally In sum, while I believe that the Indi- we need to confirm this nomination does not move forward until the issues vidual Techniques Opinion does not this week. are resolved. Because of this practice, I meet the standards expected of Justice Excellent leadership is only one in- objected to holding his hearing last Department attorneys, I ultimately gredient in the recipe for success at month and requested the hearing be have concluded that Mr. Comey per- any Federal agency. Another critical postponed to allow the investigation to formed his role reasonably. element is proper congressional over- finish. One key fact corroborates this con- sight. And it is this component I fear My request was denied. I then ob- clusion. As discussed above, the legal- too many of my colleagues have forgot- jected to putting him on the com- ity of waterboarding under American ten. Today, too many seem to believe mittee agenda until the non-partisan treaty obligations and the Constitution that advice and consent really means investigation was complete. Again, my was the obvious followup question. In rubberstamp and turn a blind eye. The request was rejected. And now, despite fact, the Office of Legal Counsel was American people deserve better than the fact there remains an open com- working on a separate opinion on those this approach to confirmations. plaint of whistleblower retaliation very questions and would publish it on Over the last few months, I have ob- against Mr. Jones before the Office of May 30, 2005. Mr. Comey, however, was served an alarming pattern. Too often, Special Counsel, his nomination will deliberately cut out. Though he al- this administration submits subpar soon be considered by the full Senate. ready had submitted his resignation, nominees while simultaneously ob- I want all my colleagues to know Mr. Comey apparently was enough of a structing any legitimate oversight by what happened because I am quite con- thorn in the side of the enablers of tor- this Congress. Sadly, many of my col- cerned by the direction it has taken, ture that they wanted to get around leagues appear to be choosing to ignore especially in light of the fact this prac- him. any effort to correct it. Let me cite tice seems to be spreading into other It is my judgment, overall, that Mr. just a few examples. Senate committees as well. Comey was an opponent of torture and We saw how Mr. Perez, an assistant Over the past few months, there has a defender of the best traditions of the attorney general, brokered an unwrit- been correspondence between my office Justice Department and our Nation. I ten deal that cost the taxpayers hun- and the Office of Special Counsel re- think he could have done better, but dreds of millions of dollars. My col- garding the status of their proceedings.

VerDate Mar 15 2010 01:55 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.020 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6002 CONGRESSIONAL RECORD — SENATE July 29, 2013 I had previously received a copy of an ing needed to be held in order for him quiry into the matters before the Office anonymous letter to the Office of Spe- to have an opportunity to respond to of Special Counsel. cial Counsel making various allega- the Office of Special Counsel com- However, I am disappointed to report tions against Mr. Jones. I sent a letter plaints. I would note that a similar ra- there was no genuine effort to gather to OSC on April 8, asking for an update tionale was used to justify the all the facts. The majority only agreed on those allegations. On April 12, the Mayorkas hearing—to publicly address to jointly interview one witness, the Office of Special Counsel responded the allegations against the nominee. In whistleblower himself. However, the that there were two pending matters Mr. Jones’ case, in advance of the hear- majority refused to look into the sub- involving the U.S. Attorney’s Office, ing, the Department of Justice sent a stance of the whistleblower’s claims. District of Minnesota, where Mr. Jones letter to me stating: ‘‘Mr. Jones looks Even more troubling, it quickly turned is the United States Attorney. The forward to answering your questions into an inquiry of the whistleblower first matter was a prohibited personnel about these matters during his nomi- rather than into the alleged retaliatory practice complaint alleging reprisal for nations hearing. . . .’’ action done by the nominee. whistleblowing and other protected ac- Additionally, Mr. Jones was quoted The majority reached its own conclu- tivity. The second matter was a whis- in the Star Tribune as saying, ‘‘I am sion that it was not a whistleblower tleblower disclosure, alleging gross looking forward to meeting with the matter at all, but a personnel matter mismanagement and abuses of author- Committee and answering all their wherein management simply imposed ity. questions.’’ discipline on a disruptive or insubordi- The complaint, filed by an Assistant However, as I expected, the hearing nate employee. However, there was United States Attorney in the office, provided no information to the com- never a factual record before the com- alleged that personnel actions, includ- mittee with regard to the open Special mittee to support this conclusion. ing a suspension and a lowered per- Counsel investigation. At the hearing, The majority determined the whistle- formance appraisal, were taken in re- Mr. Jones said he could not talk about blower is an uncooperative witness for taliation for protected whistleblowing the complaint. Of course, this negated being ‘‘unwilling to provide docu- or other protected activity. the whole reason why the hearing had ments’’—meaning his personnel file. On June 5, OSC provided the com- even been scheduled. The whistleblower in this instance is mittee with an update to the two pend- At his hearing, my first question to an Assistant U.S. Attorney with 30 ing cases. It reported the whistleblower Mr. Jones was about the investigation. years of Federal service, 24 years of disclosure case had been closed based This is his reply: which he has served in the U.S. Attor- on its determination that the informa- Because those complaints are confidential ney’s Office for the District of Min- tion provided was insufficient to deter- as a matter of law, I have not seen the sub- nesota. He has extensive leadership ex- mine with a substantial likelihood that stance of the complaints, nor can I comment perience and in 2012 received the As- gross mismanagement, an abuse of au- on them. I have learned more from your sistant Attorney General’s Distin- thority, or a violation of a law, rule, or statement today than I knew before I came guished Achievement Award. here this morning about the nature and sub- It should be quite alarming to us all regulation had occurred. Accordingly, stance of the complaint. OSC closed that case file. that a staff investigation of a whistle- OSC’s action to close the whistle- A few questions later, I inquired of blower’s complaint would be twisted blower disclosure case was not based on Mr. Jones, ‘‘Will you answer the com- around into an apparent attempt to in- any investigation by that office. That plaints about the Assistant U.S. Attor- vestigate the whistleblower. action was merely a determination ney—because that is why you are here I have worked with many Federal based on a technical review of the com- today?’’ Government whistleblowers over the plaint document itself. It was not a He replied: years and this is exactly the type of finding on the merits of the complaint. Well, quite frankly, Senator, I am at a dis- treatment that whistleblowers fear. It With regard to the other issue, the advantage with the facts. There is a process is one of the main reasons they are in place. I have not seen the OSC complaint. prohibited personnel practice, I was in- I do know that our office, working with the afraid to come forward. This type of formed the complaint was referred for Executive Office of U.S. Attorneys, is in the treatment raises serious concerns. investigation. Subsequently the com- process of responding to the issues that you Unfortunately, I have come to expect plainant and Justice Department have talked about this morning, but I have this out of the Federal Government agreed to mediation. I was told that if not had the opportunity to either be inter- agencies—attacking the whistleblower mediation was unsuccessful, the case viewed or have any greater knowledge about rather than investigate the underlying would return to OSC’s Investigation what the OSC complaint is.’’ problem. I have seen it over and over and Prosecution Division for further So there we were, left with an open again. But this sort of inquiry investigation. investigation of serious allegations of shouldn’t be the way the Senate deals My colleagues should understand whistleblower retaliation. We were told with whistleblowers or others who that, of all the complaints received by the hearing was the opportunity for us come forward to testify. OSC, only about 10 percent of them to question the nominee and get these The Senate cannot conduct itself this merit an investigation. This case was questions answered, but the nominee way. We cannot ignore ongoing inves- one of them. Why did the career, non- couldn’t even talk about them at all. tigations. In my opinion, we are ne- partisan staff at OSC forward the case This put the Committee in the posi- glecting our constitutional obligations. for investigation? Presumably because tion of either allowing time for the Of- Eventually, one of these situations will they thought it needed to be inves- fice of Special Counsel to do its job or embarrass the Senate, damage the rep- tigated. That says something about the looking into the matter for ourselves utation of the Federal Government, likely merits of the case. before proceeding. and, ultimately, probably cost the tax- Before the hearing, there was dis- Strangely, late in the day before the payers, our constituents. agreement regarding the status of the hearing, the Majority offered to con- So I urge all of my colleagues to op- Special Counsel’s investigation. Ac- duct some interviews the Friday fol- pose taking further action at this time cordingly, I contacted the Special lowing the hearing. That was quite per- on the nomination of B. Todd Jones for Counsel, inquiring as to the status of plexing to me. We were going to begin Director of ATF, another nominee with the complaints. The Special Counsel the investigation after the hearing had an open investigation. I will vote no on confirmed for the second time that the concluded. I could not remember when cloture and encourage my colleagues to investigation remains open. She stated, the committee had ever conducted an do likewise. This is about protecting ‘‘The reassignment of the case for me- investigation after a nominee’s hear- the advice and consent function of the diation did not result in the matter ing. Senate. being closed.’’ The day after the hearing, the chair- The Senate should wait until the Of- Despite this, and over my objection, man’s staff indicated to the media we fice of Special Counsel has concluded on June 11, the committee went for- were conducting a bipartisan probe. its investigation and we know the ward with a hearing on the Jones nom- The media reported the majority staff truth about his retaliatory conduct ination. We were told Mr. Jones’ hear- had offered to conduct a bipartisan in- against a protected whistleblower.

VerDate Mar 15 2010 01:55 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.020 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6003 There will be time to debate the other the Washington, DC headquarters. A Not so with Mr. Comey. In fact, sev- substantive concerns regarding this real or perceived double standard of eral times when pressed on his views on nomination. There may be additional discipline between line agents and a specific FBI policy, such as FBI whis- reasons why my colleagues should op- management must be repaired. Signifi- tleblower policies or domestic drone pose Mr. Jones’s nomination. Other cant concerns about internal FBI poli- use, he confessed he had little or no Senators may vote to confirm the cies dealing with whistleblower retalia- knowledge of the current FBI policy nominee. tion exist. Each of these matters must but promised to thoroughly review the But as a starting point, we should all be addressed as they threaten to under- existing policies in place and the legal be in agreement that it is imprudent mine the hard work of the employees and moral issues surrounding the con- and unwise for the Senate to give final at the FBI. troversies. Furthermore, he pledged to consideration to any nominee where The position of FBI Director is work with Congress by being respon- there is an open investigation into that unique in that it is a 10-year appoint- sive to our inquiries for information. nominee’s conduct. The Senate cannot ment subject to the advice and consent Now, these promises are not unique abdicate its duty to advise and consent of the Senate. This 10-year term was to Mr. Comey. Almost every nominee on these nominees and simply extended 2 years ago on a one-time promises the Senate that he or she will rubberstamp them. only basis. The extension allowed Di- be responsive to our concerns and re- As we consider this nomination, as rector Mueller to serve an additional quests for information. Sadly, espe- well as a number of other nominations time period as the President failed to cially under this administration, once this week, I would urge my colleagues nominate a replacement. At the time, confirmed, we rarely get an adequate to ponder what a Federal agency needs we held a special hearing to discuss the response until right before that indi- in order to be best positioned to suc- importance of a term limit for the FBI vidual has an oversight hearing before ceed. In my opinion, a Federal agency Director. One of the reasons Congress a Senate or House Committee. I can needs at least two things: a quality created a 10-year term was to ensure only hope that Mr. Comey’s efforts to leader and proper congressional over- accountability of the FBI. be more transparent will not be sty- sight. I think this is especially rel- Today, we vote on the nomination of mied by the Department of Justice. evant as we consider the next Director James B. Comey for Director. Mr. As I said, I think that if any Federal of the Federal Bureau of Investigation. Comey has a distinguished legal career. agency, but especially the FBI, is to The Federal Bureau of Investigation After graduating from the University succeed, it needs quality leadership and is a powerful law enforcement agency of Chicago Law School in 1985, Mr. proper congressional oversight. After facing numerous challenges today. Comey clerked for Hon. John M. Walk- examining his record, I think that Mr. First and foremost, the FBI is still er, Jr., U.S. district judge for the Comey will prove to be that leader. undergoing a transformation from a Southern District of New York. Only time will tell, however, if this ad- Federal law enforcement agency to a In 1986, he began his legal career with ministration will allow Mr. Comey to national security agency. Following 9/ Gibson, Dunn & Crutcher, LLP, where engage the Congress and allow us to 11, the FBI’s mission changed. Director he focused on civil litigation. In 1987, perform our constitutional duty of Mueller was immediately thrust into Mr. Comey became an assistant U.S. oversight to ensure that existing legis- attorney in the Southern District of the role of reinventing a storied law lation and policies best serve this na- New York, eventually serving as dep- enforcement agency into a national se- tion. uty chief of the Criminal Division. I thank Mr. Comey for his willing- curity agency. He left the Department of Justice to While Director Mueller rose to the ness to return to public service. And I return to private practice in 1993, join- challenge and made tremendous strides urge my colleagues to support his nom- ing McGuireWoods, LLP. While at in accomplishing this transformation, ination. McGuireWoods, he served as a deputy The PRESIDING OFFICER. The ma- that job is not yet complete. It is still special counsel on the U.S. Senate Spe- jority leader. adjusting to prevent domestic ter- cial Committee to Investigate White- Mr. REID. With my friend’s permis- rorism. It must grow to combat the water and Related Matters. During this sion, I suggest the absence of a growing threat of cybercrimes that time, he also served as an adjunct pro- quorum. I need to talk to him about threaten our national security, our fessor at the University of Richmond something that deals with the consent economy, and our infrastructure. The Law School. agreement I have here. FBI needs a Director to continue to In 1996, Mr. Comey returned to gov- The PRESIDING OFFICER. Without guide it as it rises to counter these se- ernment service as Managing Assistant objection, it is so ordered. rious threats. U.S. Attorney in the Office of the U.S. The clerk will call the roll. Second, the FBI must confront the attorney for the Eastern District of The assistant bill clerk proceeded to growing concerns over the use of Virginia. By 2002, Mr. Comey was ap- call the roll. invasive methods of gathering informa- pointed U.S. attorney for the Southern Mr. REID. I ask unanimous consent tion on American citizens. One exam- District of New York. And in December that the order for the quorum call be ple would be the proper use of drones 2003, he was appointed Deputy Attor- rescinded. by domestic law enforcement agencies. ney General, a position he served with The PRESIDING OFFICER. Without Last year I raised this issue with the honor and distinction until 2005, when objection, it is so ordered. Attorney General. It now appears his he left government service. Mr. REID. Madam President, I ask response was less than forthright. This However, I would like to point out, unanimous consent that cloture on year, I raised the issue with Director and I think Mr. Comey would agree, Calendar No. 208 be withdrawn and that Mueller and again with Mr. Comey, to- that perhaps one of the best indicators the Senate proceed to vote on con- day’s nominee. about his judgment is that he had the firmation of the nomination at 5:35 Frankly, it is going to require a Di- smarts to marry an Iowan. p.m.; the motion to reconsider be con- rector who is knowledgeable on the At his confirmation hearing, Mr. sidered made and laid upon the table, subject, the law, and who is willing to Comey addressed many concerns raised with no intervening action or debate; work with Congress in order craft the by Senators from both sides of the that no further motions be in order; best policy with regard to this tech- aisle. His answers were direct and that the President be immediately no- nology’s potential use in domestic law thoughtful. On subjects with which he tified of the Senate’s action, and the enforcement. was familiar, he spoke intelligently Senate then resume legislative session Third, a host of legacy problems at and straightforward. If he didn’t know and proceed to a period of morning the FBI remain unsolved. The FBI has enough, he said so. There was no trying business, with Senators permitted to struggled to develop a working case to hide the ball or cover for his lack of speak for up to 10 minutes each; fur- management computer system. Man- expertise in a particular area. In short, ther, that the vote on cloture on Cal- agement concerns remain about the it was a refreshing change from the endar No. 223 occur on Tuesday, July proper personnel balance between spe- many nominees who come up here and 30, 2013, following leader remarks. cial agents and analysts. It has yet to try to parrot to Senators what nomi- The PRESIDING OFFICER. Is there effectively manage agent rotations to nees think we want to hear. objection?

VerDate Mar 15 2010 01:55 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.021 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6004 CONGRESSIONAL RECORD — SENATE July 29, 2013 Without objection, it is so ordered. Udall (NM) Warner Whitehouse reform the system in order to combat Mr. GRASSLEY. Madam President, I Vitter Warren Wicker injustice in sentencing and the waste yield the floor and I suggest the ab- NAYS—1 of taxpayer dollars. sence of a quorum. Paul In March, I joined with Senator PAUL The PRESIDING OFFICER. The ANSWERED ‘‘PRESENT’’—2 to introduce just such a measure. The clerk will call the roll. Justice Safety Valve Act of 2013 will Merkley Wyden The assistant legislative clerk pro- give judges greater flexibility in sen- ceeded to call the roll. NOT VOTING—4 tencing in cases where a mandatory Mr. LEAHY. Madam President, I ask Chiesa Murkowski minimum is unnecessary and counter- unanimous consent the quorum call be Heitkamp Rubio productive. Since its introduction, the rescinded. The nomination was confirmed. Justice Safety Valve Act has received The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under endorsements from a diverse group objection, it is so ordered. the previous order, the motion to re- that spans the political spectrum, in- Mr. LEAHY. I yield back all remain- consider is considered made and laid cluding articles written by George ing time. upon the table and the President will Will, Grover Norquist, David Keene, The PRESIDING OFFICER. Without be immediately notified of the Senate’s and the New York Times. I ask unani- objection, it is so ordered. action. mous consent that these materials be Under the previous order, the ques- f printed in the RECORD at the conclu- sion of my remarks. tion is, Will the Senate advise and con- LEGISLATIVE SESSION sent to the nomination of James. B. In addition to driving up our prison Comey, Jr., of Connecticut, to be Di- population, mandatory minimum pen- alties can lead to terribly unjust re- rector of the Federal Bureau of Inves- MORNING BUSINESS tigation? sults in individual cases. This is why a The PRESIDING OFFICER. Under Mr. LEAHY. I ask for the yeas and large majority of judges oppose manda- the previous order, the Senate will now nays. tory minimum sentences. In a 2010 sur- resume legislative session and proceed vey by the U.S. Sentencing Commis- The PRESIDING OFFICER. Is there a to a period of morning business, with sufficient second? There appears to be sion of more than 600 Federal district Senators permitted to speak therein court judges, nearly 70 percent agreed a sufficient. for up to 10 minutes each. The clerk will call the roll. that the existing safety valve provision Mr. SCHUMER. I suggest the absence should be extended to all Federal of- The assistant legislative clerk called of a quorum. the roll. fenses. That is what our bill does. The PRESIDING OFFICER. The Judges, who hand down sentences and Mr. MERKLEY (When his name was clerk will call the roll. called). Present. can see close up when they are appro- The assistant legislative clerk pro- priate and just, overwhelmingly oppose Mr. WYDEN (When his name was ceeded to call the roll. called). Present. mandatory minimum sentences. Mr. REID. I ask unanimous consent States, including very conservative Mr. DURBIN. I announce that the that the order for the quorum call be States like Texas, that have imple- Senator from North Dakota (Ms. rescinded. mented sentencing reform have saved Heitkamp) is necessarily absent. The PRESIDING OFFICER. Without money and seen their crime rates drop. Mr. CORNYN. The following Senators objection, it is so ordered. It is long past time that Congress fol- are necessarily absent: the Senator f low their lead, and a Senate Judiciary from New Jersey (Mr. CHIESA), the Sen- Committee hearing on Federal manda- ator from Florida (Mr. RUBIO), and the JUSTICE SAFETY VALVE ACT tory minimum sentences is an impor- Senator from Alaska (Mrs. MUR- Mr. LEAHY. Mr. President, last week tant place to start. KOWSKI). the Department of Justice announced There being no objection, the mate- Further, if present and voting, the that the total U.S. prison population rial was ordered to be printed in the Senator from New Jersey (Mr. CHIESA) declined 1.7 percent from 2011 to 2012. I RECORD, as follows: would have voted ‘‘yea.’’ was encouraged to see that sentencing [From the Hill’s Congress Blog, Mar. 20, 2013] The PRESIDING OFFICER (Mr. DON- reform at the State level continues to PAUL-LEAHY SENTENCING BILL WILL ENSURE NELLY ). Are there any other Senators pay dividends by simultaneously reduc- TIME FITS THE CRIME in the Chamber desiring to vote? ing prison costs and crime rates. (By Julie Stewart and Grover Norquist) The result was announced—yeas 93, I am troubled, however, that the en- Even before the sequester took effect, the nays 1, as follows: tirety of the reduction in the U.S. pris- Obama administration’s Department of Jus- [Rollcall Vote No. 188 Ex.] on population was attributable to the tice was warning that federal prison spend- YEAS—93 States. The number of Federal pris- ing had become ‘‘unsustainable’’ and was forcing cuts in other anti-crime initiatives. Alexander Enzi Markey oners actually increased by almost Ayotte Feinstein McCain 1,500 from 2011 to 2012. While this in- Despite such warnings, we have seen little Baldwin Fischer McCaskill crease was smaller than in previous evidence of an administration strategy on how to control these costs. Fortunately, Barrasso Flake McConnell years, the Federal Government can no Baucus Franken Menendez Senators Rand Paul (R-Ky.) and Patrick Begich Gillibrand Mikulski longer afford to continue on the course Leahy (D–Vt) today are stepping in to fill Bennet Graham Moran of ever-increasing prison costs. As of that void with the introduction of bipartisan Blumenthal Grassley Murphy last week, the Federal prison popu- legislation to restore common sense to our Blunt Hagan Murray Boozman Harkin Nelson lation was over 219,000, with almost criminal sentencing laws. Boxer Hatch Portman half of those men and women impris- The Justice Safety Valve Act of 2013 au- Brown Heinrich Pryor oned on drug charges. This year, the thorizes federal courts to depart below a Burr Heller Reed Bureau of Prisons budget request was statutory mandatory minimum sentence Cantwell Hirono Reid only after finding, among other things, that Cardin Hoeven Risch just below $7 billion. providing a particular defendant a shorter Carper Inhofe Roberts A major factor driving the increase sentence—say, seven or eight years in prison Casey Isakson Rockefeller in the incarceration rate has been the Chambliss Johanns Sanders for a drug offense rather than the 10–year Coats Johnson (SD) Schatz proliferation of Federal mandatory mandatory minimum—will not jeopardize Coburn Johnson (WI) Schumer minimum sentences in the last 20 public safety. The bill does not require Cochran Kaine Scott years. This one-size-fits-all approach to judges to impose shorter sentences, and for Collins King Sessions many crimes, the minimum established by Coons Kirk Shaheen sentencing never made us safer, but it has cost us plenty. We must change Congress will be appropriate. But in cases Corker Klobuchar Shelby where the mandatory minimum does not ac- Cornyn Landrieu Stabenow course. In September, the Judiciary count for the offender’s limited role in a Crapo Leahy Tester Committee will hold a hearing to ex- Cruz Lee Thune crime or other relevant factors, the judge Donnelly Levin Toomey amine the effects of Federal mandatory would be allowed to consider those factors Durbin Manchin Udall (CO) minimum sentences and measures to and craft a more appropriate sentence.

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.032 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6005 This common sense bill comes at a critical Representative Karen Bass, a California izing this and that behavior in order to ex- time. The federal government simply cannot Democrat, asked a panel of experts about the press righteous alarm about various wrongs afford to continue to house so many non- problem of mandatory minimum sentences, that excite attention. violent prisoners for such lengthy sentences. which contribute to prison overcrowding and Approximately 80,000 people are sentenced According to a recent Congressional Re- rising costs. In the 16–year period through in federal courts each year. There are an es- search Service (CRS) report, the number of fiscal 2011, the annual number of federal in- timated 4,500 federal criminal statutes and inmates under the Bureau of Prisons’ (BOP) mates increased from 37,091 to 76,216, with tens of thousands of regulations backed by jurisdiction has increased from approxi- mandatory minimum sentences a driving criminal penalties, including incarceration. mately 25,000 in FY1 980 to nearly 219,000 in factor. Almost half of them are in for drugs. There can be felony penalties for violating FY2012. BOP prisons are operating at 38 per- The problem starts with federal drug laws arcane regulations that do not give clear no- cent over capacity, endangering the safety of that focus heavily on the type and quantity tice of behavior that is prescribed or pro- guards and inmates alike. Last week, the In- of drugs involved in a crime rather than the scribed. This violates the mens rea require- spector General for the Department of Jus- role the defendant played. Federal prosecu- ment—people deserve criminal punishment tice testified that it’s only going to get tors then seek mandatory sentences against only if they intentionally engage in conduct worse: the BOP projects system-wide crowd- defendants who are not leaders and managers that is inherently wrong or that they know ing to exceed 45 percent over rated capacity of drug enterprises. The result is that 93 per- to be illegal. No wonder that the federal pris- through 2018. The economic cost of the pris- cent of those convicted of drug trafficking on population—currently approximately on population boom is staggering. Since FY are low-level offenders. 219,000, about half serving drug sentences— 2000, appropriations for the BOP have in- Both the Senate and the House are consid- has expanded 51 percent since 2000 and fed- creased from just over $3.5 billion to more ering a bipartisan bill to allow federal judges eral prisons are at 138 percent of their sup- than $6.5 billion. more flexibility in sentencing in the 195 fed- posed capacity. Locking everyone up costs a lot, but it eral crimes that carry mandatory mini- The Leahy-Paul measure would expand to doesn’t always keep us safer. University of mums. The bill, called the Justice Safety all federal crimes the discretion federal Chicago economist and Freakonomics author Valve Act, deserves committee hearings and judges have in many drug cases to impose Steven D. Levitt was perhaps the most influ- passage soon. sentences less than the mandatory mini- ential supporter of pro-prison policies in the A 1994 federal sentencing law allows judges mums. This would, as Leahy says, allow 1990s. He later concluded that, as the crime to reduce sentences for drug crimes if no one judges—most of whom oppose mandatory rate continued to drop and the prison popu- was harmed during the crime and if the of- minimums—to judge. Paul says mandatory lation continued to grow, the increase in fender had little or no criminal history, was minimum sentences, in the context of the public safety diminished. ‘‘We know that not a leader in organizing the crime and used proliferation of federal crimes, undermine harsher punishments lead to less crime, but neither violence nor a gun. But that law is federalism, the separation of powers and we also know that the millionth prisoner we far too narrow; all felony convictions are dis- ‘‘the bedrock principle that people should be lock up is a lot less dangerous to society qualifying for a reduction, as are some minor treated as individuals.’’ than the first guy we lock up, ’’ Dr. Levitt offenses, like passing a bad check. Almost everyone who enters the desen- recently told The New York Times. ‘‘In the The proposed bill would apply to all federal sitizing world of U.S. prisons is going to re- mid-1990s I concluded that the social benefits crimes with mandatory minimums, not just turn to society, and many will have been so- approximately equaled the costs of incarcer- drug crimes, so it would include theft of food cially handicapped by the experience. Until ation.’’ Today, Dr. Levitt says, ‘‘I think we stamps and miscellaneous other lesser the 1970s, about 100 per 100,000 Americans should be shrinking the prison population by crimes. It would also let judges consider less- were in prison. Today 700 per 100,000 are. at least one-third.’’ lengthy sentences for drug offenders who America has nearly 5 percent of the world’s The head of the U.S. Justice Department’s don’t qualify for a reduction under the cur- population but almost 25 percent of its pris- criminal division agrees that spending on rent law. oners. African Americans are 13 percent of federal prisons must be scrutinized. Assist- The case of Weldon Angelos has long stood the nation’s population but 37 percent of the ant Attorney General Lanny Breuer recently for the injustice of mandatory minimums. prison population, and one in three African wrote, ‘‘In an era of governmental austerity, Mr. Angelos received a 55-year prison sen- American men spends time incarcerated. All maximizing public safety can only be tence in 2004 for selling a few pounds of mari- this takes a staggering toll on shattered achieved by finding a proper balance of out- juana while having handguns in his posses- families and disordered neighborhoods. lays that allows, on the one hand, for suffi- sion, which he did not use or display. In an The House Judiciary Committee has cre- cient numbers of police, investigative extraordinary opinion, the federal trial judge ated an Over-Criminalization Task Force. Its agents, prosecutors and judicial personnel to said he had no choice but to impose that members should read ‘‘Three Felonies a Day: investigate, apprehend, prosecute and adju- ‘‘cruel, unjust, and irrational’’ sentence. The How the Feds Target the Innocent,’’ by Har- dicate those who commit federal crimes. Justice Safety Valve Act would give courts vey Silverglate, a libertarian lawyer whose And, on the other hand, a sentencing policy more leeway to avoid that one-size-fits-all book argues that prosecutors could indict that achieves public safety correctional approach. most of us for three felonies a day. And the goals and justice for victims, the commu- task force should read the short essay ‘‘Ham nity, and the offender.’’ We are lacking that [From the Washington Post, June 5, 2013] Sandwich Nation: Due Process When Every- balance today as skyrocketing corrections LEAHY AND PAUL PLAN ON MANDATORY thing Is a Crime’’ by Glenn Harlan Reynolds, spending, driven by increasing reliance on SENTENCING MAKES SENSE a professor of law at the University of Ten- nessee. Given the axiom that a competent one-size-fits-all mandatory minimum sen- (By George F. Will) tencing laws, is now crowding out spending prosecutor can persuade a grand jury to in- Libertarians believe government should on investigators, police, and prosecutors. dict a ham sandwich, and given the reality of have a compelling reason before it restricts In short, we are skimping on efforts to ar- prosecutorial abuse—particularly, compel- an individual’s liberty. Today’s liberals be- rest and prosecute violent criminals so that ling plea bargains by overcharging with lieve almost any reason will do, because lib- we can keep nonviolent offenders behind bars ‘‘kitchen sink’’ indictments—Reynolds be- erty is less important than equality, frater- for lengthy prison sentences. This is insan- lieves ‘‘the decision to charge a person nity, fighting obesity and many other aspira- ity. Passing the Paul-Leahy bill would en- criminally should itself undergo some degree tions. Now, however, one of the most senior able courts to make sure the time fits the of due process scrutiny.’’ and liberal U. S. senators and one of the crime in every criminal case. While keeping He also suggests banning plea bargains: most junior and libertarian have a proposal us safe, it would also save money that could ‘‘An understanding that every criminal that could slow and even repair some of the be returned to taxpayers or invested in more charge filed would have to be either backed fraying of society. effective anti-crime strategies, such as put- up in open court or ignominiously dropped Seven-term Democrat Pat Leahy’s 38 Sen- ting more police on the street or expanding would significantly reduce the incentive to ate years have made him Judiciary Com- the use of proven recidivism-reducing pro- overcharge. . . . Our criminal justice system, mittee chairman. Republican Rand Paul is in grams in our prisons. We can still be tough as presently practiced, is basically a plea- his third Senate year. They hope to reduce on crime, but we do not have to be tough on bargain system with actual trials of guilt or the cruelty, irrationality and cost of the cur- taxpayers. innocence a bit of showy froth floating on rent regime of mandatory minimum sen- top.’’ [From the New York Times, June 23, 2013] tences for federal crimes. U.S. prosecutors win more than 90 percent Such crimes are multiplying at a rate of of their cases, 97 percent of those without NEEDED: A NEW SAFETY VALVE more than 500 a decade, even though the complete trials. British and Canadian pros- (By The Editorial Board) Constitution explicitly authorizes Congress ecutors win significantly less, and for many Congress’s new bipartisan task force on to criminalize only a few activities that are offenses, the sentences in those nations are overcriminalization in the justice system national in nature (e.g., counterfeiting, trea- less severe. held its first hearing earlier this month. It son, crimes on the high seas). The federal Making mandatory minimums less severe was a timely meeting: national crime rates government, having failed at core functions, would lessen the power of prosecutors to are at historic lows, yet the federal prison such as fairly administering a rational rev- pressure defendants by overcharging them in system is operating at close to 40 percent enue system, acts like a sheriff with atten- order to expose them to draconian penalties. over capacity. tion-deficit disorder, haphazardly criminal- The Leahy-Paul measure is a way to begin

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.008 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6006 CONGRESSIONAL RECORD — SENATE July 29, 2013 reforming a criminal justice system in which mid-1990s I concluded that the social benefits programs serving more than 3,000 justice is a diminishing component. approximately equaled the costs of incarcer- judges every year from all 50 States, ation,’’ and, today, ‘‘I think we should be U.S. territories, and more than 150 [From the National Review Online, May 24, shrinking the prison population by at least countries. Since its inception, the col- 2013] one-third.’’ lege has awarded more than 95,000 pro- PRISON-SENTENCE REFORM In other words, the initial crackdown was fessional judicial education certifi- (By David Keene) a good thing, but we are now suffering the ef- fects of too much of that good thing. cates. Some liberal judges back in the 1970s and If Levitt’s estimate is even close, right These judges come together in the ’80s enraged the public by allowing felons now we are wasting tens of billions of dollars college’s own state-of-the-art facility back on the street with little more than a locking people up without affecting the on the campus of University of Nevada, slap on the wrist. In response, Congress and crime rate or enhancing public safety. In many state legislatures enacted mandatory- Reno, comprised of 90,000 square feet fact, spending too much on prisons skews including an auditorium, classrooms, minimum-sentencing laws that essentially state and federal budgetary priorities, tak- eliminated the discretion judges had always ing funds away from things that are proven model courtroom, multimedia room, enjoyed to make the punishment fit the to drive crime even lower, such as increasing computer lab, judge’s resource room, crime. These laws were incredibly popular police presence in high-violence areas and and discussion areas, all of which are when first enacted but have created more providing drug-treatment services to ad- equipped with the latest technology. problems than they’ve solved. dicts. The college serves as the one place Undoubtedly, the tough-on-crime senti- The Paul-Leahy bill will help restore need- ment these laws reflected has advanced our where judges from across the world can ed balance to our anti-crime efforts. Repeat welcome, two-decade decline in drug-related meet to improve the delivery of justice and violent criminals will continue to re- and violent crime. But I have come to be- and advance the rule of law through ceive and serve lengthy prison sentences, but lieve that the wholesale adoption of manda- in cases involving lower-level offenders, professional study and collegial dia- tory minimum sentencing hasn’t worked as judges will be given the flexibility to impose logue. The college’s dedicated boards, well as everyone had hoped. a shorter sentence when warranted. faculty, and staff deliver innovative Like many conservatives, I supported The Paul-Leahy bill is a modest fix that programs and services that improve many of these laws when they were enacted will affect only 2 percent of all federal of- and still believe that, in some narrow situa- productivity, challenge perceptions of fenders, and even they won’t be spared going tions, mandatory minimums makes sense. justice, and inspire judicial excellence to prison. They will simply receive slightly But like other ‘‘one-size-fits-all’’ solutions to in the field. shorter sentences that are more in line with complicated problems, they should be re- The impact of the National Judicial their actual offenses. viewed in light of how they work in practice. College is immense. Its unique role in The bill will improve public safety, save Fortunately, Senators Rand Paul (R., Ky.) taxpayers billions of dollars, and restore our educating and developing our Nation’s and Patrick Leahy (D., Vt.) have crafted a constitutional separation of powers at the judiciary has improved the judicial smart and modest reform bill that will fine- federal level while strengthening federalism. system, and will continue to do so in tune these laws to eliminate many of the un- This is a reform conservatives should em- the future. foreseen and, frankly, unfair consequences of brace. their application when the facts demand I commend the National Judiciary more flexibility. This bipartisan measure de- f College’s dedication to education, inno- serves conservative support. NATIONAL JUDICIAL COLLEGE vation, and advancement of justice, The bill, the Justice Safety Valve Act of and am honored to congratulate the 2013, maintains existing federal mandatory- Mr. REID. Mr. President, I rise to college for 50 years of serving our Na- sentencing laws. It enables judges to depart honor the National Judicial College. tion’s judiciary. from the minimums in certain cases, how- Celebrating 50 years of service and edu- f ever, such as when the mandatory sentence cation to the Nation’s judiciary, the is not necessary to protect public safety and National Judicial College has dedicated MCCARTHY NOMINATION seems blatantly unfair in light of the cir- itself to the advancement of justice, cumstances of the offense. In so doing, their Mr HATCH. Mr. President, I rise proposal fulfills the primary objective of not only in our Nation, but throughout today to discuss my vote in opposition criminal-justice policy: protecting public the world. It is with great pleasure to the President’s nomination of Gina safety, while promoting our constitutional that I recognize the National Judicial McCarthy as the Administrator of the separation of powers and saving taxpayers College’s distinguished history of pro- Environmental Protection Agency. I the expense of unnecessary and counter- viding education and higher learning, praise Ms. McCarthy for her extensive productive incarceration. especially in light of its recent anni- experience and expertise in regulating Many people, conservatives as well as lib- versary. air quality at the Federal level as well erals, have come to believe that most man- More than 50 years ago, the Joint datory-minimum-sentencing laws should be as at the State level. Throughout her repealed. These laws give prosecutors nearly Committee for the Effective Adminis- career she has been able to be an effec- unchecked power to determine sentences, tration of Justices came together and tive regulator under Republican Gov- even though courts are in a better position realized the need for an entity to pro- ernors as well as a Democratic Presi- to weigh important and relevant facts, such vide judicial education. By 1963, under dent. Even with the opposition she as an offender’s culpability and likelihood of the leadership of Supreme Court Jus- faced during the months leading up to reoffending. tice Tom C. Clark, the National Judi- her confirmation, it was always clear Federal mandatory-minimum-sentencing cial College opened its doors at the to me that Ms. McCarthy would be ap- laws are especially problematic. Not only do they transfer power from independent courts University of Colorado, Boulder. proved. to a political executive, they also perpetuate After attending the first course in My ‘‘nay’’ vote was not against Ms. the harmful trend of federalizing criminal Boulder, Judge Thomas Craven, from McCarthy. My vote was against Presi- activity that can be better prosecuted at the Reno, NV, enthusiastically brought his dent Obama’s overreaching environ- state level. experience with the college to trustees mental policies and against the EPA. For years, conservatives have wisely ar- of the Max C. Fleischmann Foundation The environmental policies of this ad- gued that the only government programs, located in Reno. In 1964, with the per- ministration are clearly a war on fossil rules, and regulations we should abide are sistence of Judge Craven and the sup- fuel and a war on Western jobs. those that can withstand cost-benefit anal- ysis. Mandatory minimum sentences, by def- port of the Fleischmann Foundation, The President’s recent announce- inition, fail this basic test because they the college moved to the campus of the ment of a Climate Change Action Plan apply a one-size-fits-all sentence to low-level University of Nevada, Reno, where its will be implemented by EPA and will offenders, even though the punishments were permanent academic home still thrives have a direct impact on jobs and the designed for more serious criminals. today. pocketbooks of the American people. Economists who once wholeheartedly sup- As the first institution to offer pro- This plan targets coal-fired power- ported simple pro-prison policies now believe grams of its nature to judges nation- plants by proposing Federal carbon they have reached the point of diminishing wide, the National Judicial College has emission standards that will cost bil- returns. One is University of Chicago econo- mist Steven D. Levitt, best known for the much to celebrate at this 50 year mark. lions of dollars nationwide to imple- best-selling Freakonomics, which he co-au- What started out as a course serving 83 ment and will raise the price of elec- thored with Stephen J. Dubner. Levitt re- judges in 1963 has become a permanent tricity for private citizens as well as cently told the New York Times, ‘‘In the institution that provides 90 courses and businesses.

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.017 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6007 The Western United States is rich in ground checks are not required for His guidance has helped keep Ameri- coal, oil, and natural gas. We need to ‘‘private’’ gun sales, so the transaction cans safe from terrorist attacks here at make it easier, not harder, to develop was completed quickly and legally. The home and abroad. But such leadership those resources. The development of vendor even offered to add ‘‘several’’ is nothing new to Director Mueller. Be- the abundant and affordable energy AR–15 assault rifles to the sale as a fore he led the FBI, he served our Na- that we are blessed with as a nation is sort of impulse buy, like candy in a tion as a decorated marine in Vietnam, crucial. convenience store. and as a Federal prosecutor who tack- The effort by this administration to Upping the ante, the investigators led cases ranging from the bombing of quell the development of these re- then searched for a .50-caliber sniper Pan Am Flight 103 to the prosecution sources is unacceptable. I cannot sup- rifle, a weapon the team described as of Panamanian dictator Manuel port them and, that being the case, I ‘‘so powerful that the U.S. military Noriega. am not able to support the nomination uses it to penetrate concrete and Director Mueller has shown unwaver- of Ms. McCarthy. steel.’’ Again, within minutes, they ing commitment to the FBI and its mission. He is the only Director to f found an internet seller offering a .50- caliber rifle from a nearby garage. serve a full 10-year term, and then WEAPONS SALES Without any form of background serve another 2 years. From day one, Mr. LEVIN Mr. President, we re- check, the National Geographic team he has fought to make sure the hard- cently marked 1 year since the tragic purchased the weapon, along with 11 working men and women at the FBI shooting in Aurora, CO. One year since boxes of ammunition containing 12 have the tools they need to carry out our nation witnessed innocent men, rounds apiece. In the chilling words of their extraordinary responsibilities. As women, and children streaming out of the private seller, ‘‘You have a lot of chairwoman of the Senate Appropria- a movie theater, bloodied and in shock. firepower to start your own war.’’ tions subcommittee that funds the FBI One year since 12 people were murdered Our society should not be a war zone. and as a member of the Intelligence and 58 injured at the hands of an armed The purchasers in this case were under- Committee, I am proud to call Director and mentally deranged individual who cover investigators, but next time, Mueller my steadfast partner in that was able to channel his illness in the they might not be. They could be fel- fight. Together, we have worked to pro- most dangerous way: through the bar- ons, domestic abusers, or a mentally vide the FBI with the capabilities to rel of an AR–15 military-style assault deranged individual planning to use the stop terrorists before they attack us weapon. weapon for harm. here at home, go after schemers and Such weapons, according to the Con- We owe it to the survivors and the scammers who prey on hard-working gressional Research Service, were de- victims of Aurora to keep weapons de- American families, prevent cyber ter- signed in the aftermath of the Second signed for war off our streets. We owe rorists from devastating our tech- World War to give soldiers a weapon it to the American people to listen to nology infrastructure, and catch sexual suited for the modern battlefield. They the 90 percent of them who support predators who seek to harm our chil- are designed to kill as many people as universal background checks on all gun dren. Lastly, Director Mueller has strong possible, as quickly as possible. And in sales. We owe it to our families, our integrity. He speaks truth to power, Aurora, the AR–15 did just that. neighbors, and our children to stop even when the truth is unpopular or in- Since that night, all around our deadly weapons from getting into the convenient. He is a straight talker— country, the gun violence has contin- wrong hands. We should take up and when he tells me that the FBI needs ued. But still, we in Congress have pass legislation such as the Assault more tools to carry out its national se- done nothing to stem these gun trage- Weapons Ban of 2013, which would stop curity and crime-fighting duties, I find dies. Today, just like this day 1 year the flood of military-style weapons ago, a convicted felon, a domestic a way to help him get those tools be- into our neighborhoods. We should ex- cause I trust his judgment, and I trust abuser, or a dangerously mentally ill tend background checks to all gun individual can go to a private seller his leadership. He answered the call to sales by passing the Safe Communities, service when President Bush asked him and legally purchase a deadly military- Safe Schools Act of 2013. We should, in style weapon just as easily as they can to serve as FBI Director in 2001. And he short, turn common sense into law. But answered the call of President Obama purchase a gallon of milk, no back- that will only happen if Congress acts. ground check required. when asked to serve 2 more years. f We live in extraordinarily critical Take, for example, a recent under- times, and face threats from both with- cover investigation conducted by a TRIBUTE TO ROBERT S. MUELLER in and outside our Nation. But over the team of National Geographic journal- Ms. MIKULSKI. Mr. President, I rise past 12 years we knew that having Di- ists who wanted to see just how easy it today to pay tribute to Robert S. rector Mueller at the FBI meant that is for criminals to obtain guns. What Mueller, III, and to thank him for his one of the tested ‘‘nighthawks’’ was the team found was deeply unnerving. 12 years of service as the Director of guarding our Nation’s national secu- Speaking to investigative journalist the Federal Bureau of Investigation, rity. I speak for all Americans when I Mariana van Zeller, private investi- FBI. say that we have been privileged to gator and former police officer Jesse Director Mueller had just settled into have such a committed and dedicated Torrez put it bluntly: ‘‘We should be his office just a week before the Sep- public servant leading the FBI. I will able to get you involved in a weapons tember 11, 2001, terrorist attacks. miss my steadfast partner and friend transaction within 30 minutes . . . and These attacks on the Nation affected and, above all, wish to send him a that’s travel time, too.’’ us all, including in my home State of heartfelt thank you. He was right. The investigators de- Maryland. In the terrible aftermath of cided to attempt to purchase an AK–47, the events of that day, we grieved to- f a military-style assault weapon. On the gether. On 9/11, we were caught unpre- LEWISTON FIREFIGHTERS weapon-selling website [www.armslist pared, searching for answers and Ms. COLLINS. Mr. President, in one .com], a posting selling a similar fire- scrambling to find a way to prevent fu- terrifying week this spring, Lewiston, arm for $830 proudly describes it, ture attacks. ME, my State’s second largest city, among other things, as ‘‘the standard After 9/11, the FBI was charged with was attacked by arsonists who de- issue firearm in the Yugoslav People’s a heavy responsibility: disrupt ter- stroyed nine buildings and left hun- Army in 1970.’’ But compared to the in- rorist plots before they happen by iden- dreds of people homeless. I rise today vestigation’s findings, that weapon tifying, tracking, and dismantling ter- in tribute to the firefighters of Lewis- would have been overpriced. In just a rorists on U.S. soil. During his term, ton who answered those cruel attacks few minutes, the National Geographic Director Mueller has provided steadfast with skill and courage and who saved investigators found an online posting leadership, guiding the FBI as it trans- their city with no loss of life or serious selling an AK–47 for $750 in cash. They formed from a traditional domestic law injury. agreed to meet the seller in a fast food enforcement agency into a global coun- We have always had a deep respect parking lot. Under Federal law, back- terterrorism and crime-fighting force. and admiration for our firefighters and

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.001 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6008 CONGRESSIONAL RECORD — SENATE July 29, 2013 first responders. In recent years, how- vember 23, 1961, which was Thanks- In the College World Series, the Bru- ever, the American people have been giving Day. Since 1962, his show has ins unleashed a historic display of reminded of the vital protections they been broadcasted daily. overpowering pitching, steady defense, provide to our communities. From the Mr. Petkovsek is one of the most and timely hitting to defeat competi- Twin Towers in 2001 to the Boston Mar- prominent ambassadors of Cleveland- tion from Louisiana State, North Caro- athon in 2013, we have seen these he- style polka both locally and nation- lina State, the University of North roes rush into danger that others flee. ally. In 1967, he originated the Polka Carolina, and Mississippi State to cap- We have seen them risk their lives to Tour at Kollander World Travel, which ture the first national championship in save the lives of others. has since taken thousands of polka UCLA baseball history. The Bruins be- That is precisely what the people of fans all over the world. His annual came the first championship team to Lewiston have seen since their first Thanksgiving celebration evolved from allow one run or fewer in every College fire company was established in 1849. a dance in 1963 to a national focal point World Series game. In total, the Bruins Through the years, fire has claimed of Cleveland-style polkas, attracting allowed just 14 runs during their domi- textile and lumber mills, stores and polka fans from all over America to nant 10–0 run through the NCAA tour- schools, homes and even city hall. Yet join the festivities. Mr. Petkovsek was nament. never has a fire, no matter how fierce, instrumental in founding the United True to their reputation as a team of been allowed to spiral out of control Slovenian Society, the Cleveland-Slo- great resolve and determination, the into a conflagration. The willingness of venian Radio Club, the East 185th Bruins were bolstered by contributions the people of Lewiston to always re- Street Business Association, and the from every player on their roster. They build is testament to the confidence American Slovenian Polka Founda- worked together to ensure that the they have that their valiant fire- tion. Notably, Mr. Petkovsek served on College World Series trophy will fi- fighters will protect their property and the Ohio Arts Council under Gov. nally make its way to UCLA, a school their lives. George Voinovich. with a rich baseball tradition that in- That protection comes at a high His contributions to Cleveland-style cludes Jackie Robinson, who honed his price. The Lewiston Firefighters Me- polka have been widely recognized over prodigious skills before becoming a Na- morial bears the names of nine men the years. Some of these honors have tional Baseball Hall of Famer and na- who made the ultimate sacrifice in the included the Federation of Slovenian tional hero. With the addition of the line of duty. Homes’ ‘‘Man of the Year’’ in 1966, his College World Series trophy, the UCLA Today, under the leadership of Fire induction into the St. Joseph High Hall of Champions will now boast an Chief Paul LeClair and International School Hall of Fame in 1987 and his in- unmatched 109 NCAA team champion- duction into the National Broadcasters Association of Firefighters Local 785 ships. president Rick Cailler, the Lewiston Hall of Fame in 1991. Mr. Petkovsek It is my pleasure to congratulate Fire Department is recognized as one was also recognized with a merit badge UCLA students, families, alumni, fac- of the best in Maine, known for its pro- by the President of Slovenia, Danilo ulty, and Bruin fans, as they celebrate Turk, in 2012 for his service to the fessionalism, efficiency, and dedica- their 2013 National Collegiate Athletics country of Slovenia and to Slovenians tion. In the special language of the Association Division I College World firefighter community, the Lewiston in Cleveland. I would like to honor Tony Series victory and their remarkable firefighters are considered ‘‘the tough- ∑ Petkovsek for his contributions to and memorable season. est Jakes on the job.’’ Cleveland-style polka and to the Cleve- f They are tough yet filled with com- land Slovenian community. munity spirit and compassion. Through REMEMBERING LUKE SHEEHY the generosity of its members, the f ∑ Mrs. BOXER. Mr. President, I ask my Local 785 Community Fund sponsors ADDITIONAL STATEMENTS colleagues to join me in honoring the youth sports teams, charities, and the life of Luke Sheehy, a loving son, de- arts, and provides children in need with voted friend, and courageous fire- Christmas toys. Their annual ‘‘Fill the UCLA BRUINS NCAA fighter. Luke Sheehy passed away on Boot’’ campaign raises many thousands CHAMPIONSHIP June 10, 2013, succumbing to injuries he of dollars for the fight against Mus- ∑ Mrs. BOXER. Mr. President, I ask my sustained while heroically combating a cular Dystrophy. colleagues to join me in congratulating wildfire in the Modoc National Forest. America’s firefighters play a vital the University of California, Los Ange- He was 28 years old. role in the security of our Nation and les baseball team for winning the 2013 Luke Sheehy was born in Susanville, the safety of our people. Whether it is National Collegiate Athletics Associa- CA, graduated from Susanville High in response to a terrorist attack, a nat- tion, NCAA, Division I College World School, and attended the Shasta Col- ural disaster, or a fire, Americans rely Series. On June 25, the UCLA Bruins lege Fire Academy. After serving as a on our firefighters, and our firefighters capped off a magical season and earned firefighter with the California Depart- always answer the call. The firefighters their first baseball national champion- ment of Forestry and the Bureau of of Lewiston, ME, are a shining example ship by sweeping the Mississippi State Land Management’s Diamond Moun- of that commitment, and I join the Bulldogs. tain Hotshots, Luke became a U.S. people of their city in saluting them. This victory wouldn’t have been pos- Forest Service Smokejumper, para- f sible without the determination and chuting from airplanes to fight fires in teamwork of the skilled and dedicated remote and hard-to-access areas, help- RECOGNIZING TONY PETKOVSEK players and the devoted coaching and ing to train new smokejumpers and Mr. PORTMAN. Mr. President, I rise training staff, led by head coach John earning respect for his strong work today to honor Tony Petkovsek, who Savage. The 2013 Bruins showed these ethic and leadership abilities. will be inducted into the International extraordinary qualities all season, fin- Those who knew him best will re- Polka Association Hall of Fame on Au- ishing with a 49–17 record and match- member Luke as a genuine friend who gust 3, 2013. Mr. Petkovsek has devoted ing a school record with 21 wins in the loved his family and enjoyed hunting, his life’s work to cultivating Cleve- Pac-12 conference play. fishing, snowboarding and the piano, land-Slovenian music and culture, During the NCAA Regionals and guitar and fiddle. most notably by hosting the longest Super Regionals, the Bruins began My heart goes out to Luke’s family, running daily radio show in the world. their undefeated march through the loved ones, and colleagues, and my Growing up in Cleveland’s St. Clair postseason by defeating worthy and thoughts and prayers are with them. neighborhood, Mr. Petkovsek was im- spirited opponents from San Diego Luke Sheehy, like all those who fight mersed in Slovenian culture from a State, Cal Poly San Luis Obispo, the fires across California, put his life on young age. After completing college University of San Diego, and Cal State the line to protect our families and and broadcasting school, he began pro- Fullerton en route to earning their communities. We are forever indebted ducing and broadcasting his own radio third trip in 4 years to the prestigious to him for his courage, service and sac- shows on Cleveland’s WXEN, on No- College World Series in Omaha, NE. rifice, and he will be dearly missed.∑

VerDate Mar 15 2010 02:44 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.002 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6009 REMEMBERING GEORGE PERKINS MESSAGE FROM THE HOUSE ing noncoercive proselytizing, and that such speech is not in derogation of the good order ∑ Mr.VITTER. Mr. President, today I At 2:03 p.m., a message from the and discipline of the armed forces; and be it wish to honor the memory of George House of Representatives, delivered by further Perkins, a beloved community leader Mrs. Cole, one of its reading clerks, an- Resolved, That a copy of this Resolution be from Hammond, LA, who passed away nounced that the House has passed the transmitted to the presiding officers of the suddenly in April of this year. George following bill, in which it requests the Senate and the House of Representatives of was born in 1942 and would have turned concurrence of the Senate: the Congress of the United States of America and to each member of the Louisiana con- H.R. 2218. An act to amend subtitle D of 71 on August 17. gressional delegation. George was born in Walker, LA, and the Solid Waste Disposal Act to encourage recovery and beneficial use of coal combus- POM–60. A resolution adopted by the House relocated to Hammond in 1979. He im- tion residuals and establish requirements for of Representatives of the Commonwealth of mediately became a community leader the proper management and disposal of coal Massachusetts recognizing the valor and in the Hammond area. He joined Green- combustion residuals that are protective of courage of the 65th Infantry Regiment, field Missionary Baptist Church where human health and the environment. known as the Borinqueneers; to the Com- he served as a deacon, Sunday school f mittee on Armed Services. teacher, and member of the male cho- HOUSE RESOLUTION rus. He cochaired the board of deacons MEASURES READ THE FIRST TIME Whereas, military heroes who served so and was in charge of the church’s video The following bill was read the first valiantly and honorably in wars in which recording. time: this country’s freedom was at stake should George was an insurance sales rep- H.R. 2218. An act to amend subtitle D of be recognized by the people of this great na- resentative and later a cable TV fran- the Solid Waste Disposal Act to encourage tion, who should never forget the courage chise owner by trade, but he was best recovery and beneficial use of coal combus- with which these soldiers fought; and known as one of the originators of the tion residuals and establish requirements for Whereas, in full accord with its long stand- ing traditions, it is the sense of this legisla- Tangipahoa Black Festival that began the proper management and disposal of coal combustion residuals that are protective of tive body to memorialize the Congress of the in 1984. In 1987, the name was changed human health and the environment. United States to recognize the 65th Infantry to the Tangipahoa Parish Black Herit- Regiment, known as the Borinqueneers, and age Festival. With the new name, f to request that Congress bestow the Congres- George and other leaders of the organi- PETITIONS AND MEMORIALS sional Gold Medal upon these war heroes; zation decided they needed a perma- and The following petitions and memo- nent facility and they contacted the Whereas, this auspicious honor, considered rials were laid before the Senate and parish school system to purchase a the most distinguished, is an award bestowed were referred or ordered to lie on the by the United States Congress and is, along boarded-up school on 7.3 acres of land table as indicated: with the presidential medal of freedom, the that was left over from integration. highest civilian award in the United States, Over the years they have renovated the POM–59. A concurrent resolution adopted by the Legislature of the State of Louisiana given to persons who have performed an facility, which has become the memorializing the United States Congress to achievement that has an impact on Amer- Tangipahoa Parish African American take such actions as are necessary to codify ican history and culture that is likely to be Heritage Museum and Veterans Ar- into law a United States Department of De- recognized as a major achievement of the chive. George could be found there on fense standard for religious freedom that Borinqueneers now and in the future; and most days working in whatever capac- would be applied to all uniformed services; Whereas, as mandated by Congress in 1899, to the Committee on Armed Services. the 65th Infantry Regiment, hailing from ity in which he was needed—from act- Puerto Rico, was the only Hispanic-seg- ing as tour guide to researching HOUSE CONCURRENT RESOLUTION NO. 175 regated unit ever in the United States records to taking on kitchen duty. Whereas, the freedom to practice religion Armed Forces that played a prominent role He also served his community in and to express religious thought is acknowl- in American military history, having par- other ways. He was a member of the edged as our first freedom, enshrined in the ticipated in three wars in which the United Bill of Rights of the United States Constitu- advisory board for North Oaks Hospital States was engaged, World War I, World War tion and is a freedom which belongs to all II, and most notably, the Korean war; and and served as the first Black council- Americans; and Whereas, the Borinqueneers were willing to man for District 3 in the city of Ham- Whereas, our military has fought to pre- shed their blood, sweat and tears for democ- mond. He later served as an assistant serve all rights and freedoms enumerated in racy by enlisting in the United States Armed to State Representative Henry ‘‘Tank’’ the United States Constitution; and Forces on their own accord to defend the Powell and was a founding member of Whereas, recent news reports and state- freedoms of others; and the 2nd Saturday breakfast group—a ments of high ranking military personnel re- Whereas, these brave men were one of the group which invites members of the veal a growing intolerance and in some cases first infantrymen of the ‘‘Rock of the Marine outright hostility toward religious expres- community to gather monthly regard- Division. (3rd Infantry Division) to meet the sion and affiliation within segments of our enemy on the battlefields of Korea, fighting less of racial and social divides to dis- nation’s military; and with determination and efficiency; and cuss issues of concern to the commu- Whereas, in Section 533 of the United Whereas, the 65th Infantry Regiment nity. He was a member of the Masonic States National Defense Authorization Act served with distinction and valor, earning Order Prince Hall affiliation, the past (NDAA) for Fiscal Year 2013, the United two Presidential Unit Citations, Army Unit worshipful master of Oak Grove Lodge States Department of Defense is charged Superior Award, Navy Unit Citation, two Re- #117 in Hammond and a grand officer of with developing regulations that would im- public of Korea Presidential Unit Citations the Most Worshipful Prince Hall Lodge plement the conscience protections recently and Bravery Gold Medal of Greece; and passed by the United States Congress; and for the State of Louisiana. Whereas, the congressional honor would af- Whereas, the same protections have not firm that they are recognized by the people George Perkins was a man of many been established throughout the Department of the United States as true American heroes talents and music was his passion. He of Defense for all service personnel; and who served their country with distinction, wrote and produced many songs includ- Whereas, individual branches of the mili- fighting bravely even while enduring the ing ‘‘Cryin’ in the Streets’’—his No. 1 tary have adopted policies that are not in hardships of segregation and discrimination; hit. It sold over 1 million copies and keeping with the spirit of Section 533 of the and provided him the opportunity to per- NDAA; and Whereas, the Borinqueneers are veritable Whereas, protection of religious freedom is American heroes and deserve to be recog- form at the Apollo Theater. fundamental to all freedoms as Americans: nized, commended, acknowledged and re- George will be lovingly remembered Now, therefore, be it membered by the people of the State of Mas- by his wife of 42 years, Eloise, 3 daugh- Resolved, That the Legislature of Louisiana sachusetts, as well as by all of the citizens of ters, 3 sons, 19 grandchildren, 1 great- does hereby memorialize the United States this great Nation: Now therefore, be it grandchild, 6 sisters, 2 brothers, and an Congress to take such actions as are nec- Resolved, That the Congress of the United entire community. I am pleased to join essary to codify into law a United States De- States hereby, respectfully memorialized by partment of Defense standard for religious this legislative body, recognize the 65th In- them in honoring George Perkins, a freedom that would be applied to all uni- fantry Regiment known as the man who provided a great example of formed services, ensuring that all members Borinqueneers, and request that these war leadership through his service to oth- of the armed forces may engage in peaceable heroes receive the Congressional Gold Medal; ers and his community.∑ and noncombative religious speech, includ- and be it further

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G29JY6.005 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6010 CONGRESSIONAL RECORD — SENATE July 29, 2013 Resolved, That a copy of these resolutions Defense, Department of Agriculture, Depart- property coverage in the event of flooding be forwarded by the clerk of the House of ment of State and Department of Energy be for homeowners in St. Charles Parish; and Representatives to the President of the Sen- requested to support the preservation of the Whereas, President Barack Obama signed ate of the United States, the Speaker of the Navajo Code Talkers’ remarkable legacy; the Biggert-Waters Flood Insurance Reform House of Representatives of the United and be it further Act into law on July 6, 2012; and States, Congressman Richard Neal, Senator Resolved, That copies of this memorial be Whereas, St. Charles Parish is currently in Elizabeth Warren, Senator William Cowan transmitted to the President Pro Tempore of the process of adopting the revised version of and the Borinqueneers Congressional Gold the United States Senate, the Speaker of the the Flood Insurance Rate Maps; and Medal Alliance. United States House of Representatives, the Whereas, many homeowners of St. Charles Secretary of the Interior, the Secretary of Parish constructed and purchased homes in POM–61. A joint memorial adopted by the Defense, the Secretary of Veterans Affairs, areas based on the existing version of the Legislature of the State of New Mexico re- the Secretary of Health and Human Services, Flood Insurance Rate Maps which met or ex- questing Congress to support and preserve the Secretary of Agriculture, the Secretary ceeded current base flood elevation require- the Navajo Code Talkers’ legacy and sub- of State, the Secretary of Energy and the ments; and stantial contribution to the United States; New Mexico Congressional Delegation. Whereas, many homeowners of St. Charles to the Committee on Armed Services. Parish have benefitted from locally built and SENATE JOINT MEMORIAL 41 POM–62. A resolution adopted by the Sen- maintained flood control features, including ate of the State of Michigan memorializing Whereas, the few living Navajo Code Talk- functional levees, which have protected the the President and the United States Con- ers are undertaking a multi-year project to residents of these areas from flooding for gress to support continued funding of the build an educational, historical and humani- decades; and United States Department of Defense tarian facility that will bring pride to Native Whereas, the existing version of the Flood STARBASE youth science and technology American and non-Native American Commu- Insurance Rate Maps took into consideration program; to the Committee on Armed Serv- nities alike, educate the young and old and the benefits provided by the locally built and ices. conserve the instruments of freedom gifted maintained flood control features; and to the American people by an awe-inspiring SENATE RESOLUTION NO. 31 Whereas, the proposed revised version of group of young Navajo men during World Whereas, Early childhood access to the Flood Insurance Rate Maps do not ac- War II; and science, technology, engineering, and mathe- count for this important source of functional Whereas, during World War II, these mod- matics (STEM) education opportunities are flood protection; and est young Navajo men fashioned from the critical to the future of the United States as Whereas, the Biggert-Waters Flood Insur- Navajo language the only unbreakable code an economic and technological leader of the ance Act includes provisions that permit the in Military History; and global marketplace; and National Flood Insurance Program to in- Whereas, these Navajo Radio Operators Whereas, The STARBASE program utilizes crease premium rates for certain policy- transmitted the code throughout the dense military resources and technology not other- holders; and jungles and exposed beachheads of the Pa- wise available to Michigan school districts Whereas, the increase of such risk-based cific Theater from 1942 to 1945, passing over to support STEM education; and premium rates is anticipated to result in a eight hundred error-free messages in forty- Whereas, The program strives to motivate total premium increase of between twenty eight hours at Iwo Jima alone; and children to explore STEM-related opportuni- percent to twenty-five percent per year for Whereas, the bravery and ingenuity of ties and provides vital exposure for tradi- certain homeowners, during each of the next these young Navajo men gave the United tionally underrepresented communities to five years; and States and the Allied Forces the upper hand technology professions; and Whereas, certain areas of St. Charles Par- they so desperately needed, finally hastening Whereas, Michigan is home to three suc- ish will experience extreme, sudden, and the war’s end and assuring victory for the cessful STARBASE program locations based unaffordable increases in flood insurance United States; and in Alpena, Battle Creek, and Mt. Clemens premiums that may lead to personal bank- Whereas, after being sworn to secrecy for that annually serve more than 3,500 students; ruptcy and foreclosure; and twenty-three years after the war, these and Whereas, the effects of the Biggert-Waters brave Navajo men eventually came to be Whereas, The value of Michigan Flood Insurance Reform Act and the revised known as Navajo Code Talkers and were hon- STARBASE education programs signifi- version of the Flood Insurance Rate Maps ored by President George W. Bush more than cantly exceeds the costs, as the fiscal year would have significant consequences on the fifty years after the war with Congressional 2013 STARBASE budget requires as little as housing market and economic health of St. Gold and Silver Medals in 2001; and $200 per student in spending; and Charles Parish; and Whereas, the Navajo Code Talkers are now Whereas, The STARBASE concept and Whereas, the Biggert-Waters Flood Insur- in their eighties, and with fewer than fifty pilot program originated in Michigan and ance Reform Act also includes provisions, lo- remaining from the original four hundred, now has a presence in 40 states through 76 cated in Section 207 of such act, that elimi- the urgency to capture and share their sto- program locations, with a waiting list of nate the ‘‘grandfathering’’ of homes that ries and memorabilia from their service in more than 35 qualified facilities nationwide: were built after the existing Flood Insurance the war is now critical; and Now, therefore, be it Rate Maps in accordance with then existing Whereas, these American treasures and re- Resolved by the Senate, That we urge the laws; and vered elders of the Navajo Nation have come President and the United States Congress to Whereas, coverage by the National Flood together to tell their story, one that has preserve full funding and support for the Insurance Program is necessary for the af- never been heard, from their own hearts and United States Department of Defense fected homeowners; and in their own words; and STARBASE youth science and technology Whereas, the Navajo Code Talkers’ heroic Whereas, the Biggert-Waters Flood Insur- program; and be it further ance Reform Act also includes provisions story of an ancient language, valiant people Resolved, That copies of this resolution be and a decisive victory that changed the path which require the Federal Emergency Man- transmitted to the Office of the President of agement Agency to conduct a study on ways of modern history is the greatest story never the United States, the President of the told; and to educate consumers about the National United States Senate, the Speaker of the Flood Insurance Program and flood risks and Whereas, the Navajo Code Talkers ulti- United States House of Representatives, the to encourage consumer participation; and mately envision a lasting memorial, the United States Secretary of Defense, and the Navajo Code Talkers Museum and Veterans Whereas, such study shall also research the members of the Michigan congressional dele- effects of increased premiums on low-income Center, on donated private land; and gation. Whereas, the Navajo Code Talkers’ mission homeowners and ways to assist such home- is to create a place where their legacy of owners to afford the increased premiums; POM–63. A concurrent resolution adopted service will inspire others to achieve excel- and by the Legislature of the State of Louisiana lence and instill core values of pride, dis- Whereas, the Act directs the Federal Emer- memorializing the United States Congress to cipline and honor in all those who visit; and gency Management Agency to conclude its take such actions as are necessary to pre- Whereas, through the lead efforts of the study and to issue a report by April 6, 2013; clude or delay the increase in premium fees and Navajo Code Talkers’ Foundation and many for the National Flood Insurance Program partners and individuals, the Navajo Code Whereas, such study is currently still in until further study can be done, in order to progress; and Talkers’ Legacy, History, Language and prevent unintended adverse consequences on Whereas, the Federal Emergency Manage- Code will be preserved to benefit all future the residents of St. Charles Parish and the ment Agency has yet to create a report generations: Now, therefore, be it value of their homes; to the Committee on based upon the findings of such study; and Resolved by the Legislature of the State of Banking, Housing, and Urban Affairs. New Mexico, That the United States Con- Whereas, increased premiums as a result of gress, Department of the Interior, Depart- HOUSE CONCURRENT RESOLUTION NO. 60 the Biggert-Waters Flood Insurance Reform ment of Veterans Affairs, Department of Whereas, the National Flood Insurance Act will have a significant effect on low-in- Health and Human Services, Department of Program provides important and necessary come homeowners; and

VerDate Mar 15 2010 04:50 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.009 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6011 Whereas, congress should consider the pliance with federal and state law to protect en, Modernize and Reform and National amendment or repeal of Section 207 of the their purchases and investments; and Flood Insurance Program Act and the Flood Biggert-Waters Flood Insurance Reform Act Whereas, in light of the provisions of the Insurance Implementation Reform Act of to take into account its effects on homes Biggert-Waters Flood Insurance Reform Act 2013, or, should neither of these acts pass, the that were built after the adoption of existing of 2012, the reliance on existing flood insur- United States Congress should consider the Flood Insurance Rate Maps in accordance ance rate maps that those property owners amendment or the repeal of Section 205, Sec- with then existing laws: Now, therefore, be it demonstrated is now to their personal and fi- tion 207, and all such sections of the Biggert- Resolved, That the Legislature of Louisiana nancial detriment; and Waters Flood Insurance Reform Act which does hereby memorialize the United States Whereas, the passage of the Biggert-Waters provide for the increase of premium fees for Congress to take such actions as are nec- Flood Insurance Reform Act substantially policyholders of the National Flood Insur- essary to direct the National Flood Insur- and immediately devalued the investments ance Program, in order to prevent the un- ance Program to delay increasing premium made in all properties endowed with flood duly hazardous effects it will have on home rates until such time as the Federal Emer- damage mitigation measures and to prop- and business owners who invested in prop- gency Management Agency has released its erties receiving subsidized insurance pre- erty prior to the adoption of the new federal report and congress has had time to study mium rates; and legislation and flood insurance rate maps: such report, in order to prevent unintended Whereas, the Biggert-Waters Flood Insur- Now, therefore, be it consequences on the residents of St. Charles ance Reform Act also includes provisions Resolved, That the Legislature of Louisiana Parish and the value of their properties; and that permit the National Flood Insurance does hereby memorialize the United States be it further Program to increase premium rates for many Congress to take such actions as are nec- Resolved, That the Legislature of Louisiana policyholders; and essary to undertake the amendment or re- Whereas, the elimination of these dis- does hereby memorialize the United States peal of all relevant provisions of the Biggert- counts combined with the certainty of gen- Congress to consider the amendment or re- Waters Flood Insurance Reform Act of 2012, eral premium rate increases will result in a peal of Section 207 of the Biggert-Waters including passage of the Strengthen, Mod- premium increase of up to twenty-five per- Flood Insurance Reform Act in order to take ernize and Reform the National Flood Insur- cent per year for certain Louisiana property into account its effects on homes that were ance Program Act and the Flood Insurance owners over the next four years; and built after the adoption of existing Flood In- Implementation Reform Act of 2013; and be it Whereas, under the changes to the Na- further surance Rate Maps in accordance with then tional Flood Insurance Program caused by existing laws; and be it further Resolved, That the Legislature of Louisiana the Biggert-Waters Flood Insurance Reform does hereby memorialize the United States Resolved, That a copy of this Resolution be Act, Louisiana property owners will struggle transmitted to the presiding officers of the Congress to, in the absence of the amend- to pay exorbitant amounts of money or will ment or repeal of all relevant provisions of Senate and the House of Representatives of lose their flood insurance; and the Congress of the United States of America this Act, suspend adoption of new flood in- Whereas, a change in the ability of Lou- surance rate maps in order to allow commu- and to each member of the Louisiana con- isiana property owners to insure their homes gressional delegation. nities with a substantial percentage of par- from flood damage without bearing the bur- ticipation in the National Flood Insurance den of such a violent rise in cost may lead to POM–64. A concurrent resolution adopted Program to work with the Federal Emer- financial distress for Louisiana residents and gency Management Agency and the National by the Legislature of the State of Louisiana property owners and countless other prop- memorializing the United States Congress to Flood Insurance Program to provide for the erty owners around this nation; and creation of new flood insurance rate maps pass the Strengthen, Modernize and Reform Whereas, the premium increases to the Na- which do not unjustly and inequitably dis- the National Flood Insurance Program Act tional Flood Insurance Program, as man- pose of the rights created under existing rate and the Flood Insurance Implementation Re- dated by the Biggert-Waters Flood Insurance maps; and be it further form Act of 2013; to the Committee on Bank- Reform Act, will affect the entire nation’s ing, Housing, and Urban Affairs. Resolved, That the Legislature of Louisiana real estate market; and does hereby memorialize the United States Whereas, the premium increases to the Na- HOUSE CONCURRENT RESOLUTION NO. 141 Congress to, in the absence of the amend- tional Flood Insurance Program, as man- Whereas, the National Flood Insurance Act ment or repeal of all relevant provisions of dated by the Biggert-Waters Flood Insurance of 1968 was enacted to provide previously un- this Act, provide for a one-year period during Reform Act, will affect the nation’s banking available flood insurance protection to prop- which time property owners, in conjunction and mortgage industry; and erty owners; and with the Federal Emergency Management Whereas, the premium increases to com- Whereas, the National Flood Insurance Agency and the National Flood Insurance munities and property owners who made Program continues to provide important and Program, may enter a special enrollment pe- their best efforts to comply with federal law necessary property coverage for home and riod wherein property owners may sign up or by building property in accordance with soon business owners throughout various Lou- renew their current National Flood Insur- to be outdated flood insurance rate maps will isiana parishes, as well as counties and com- ance Program policy using the current flood affect consumer confidence and the entire munities nationwide; and insurance rate maps on which they relied to Whereas, the Biggert-Waters Flood Insur- nation’s economy; and Whereas, on May 21, 2013, the Strengthen, purchase and build their homes and busi- ance Reform Act of 2012 was signed into law Modernize and Reform the National Flood nesses; and be it further on July 6, 2012; and Resolved, that a copy of this Resolution be Insurance Program Act (SMART NFIP) was Whereas, the act calls for a revision of the transmitted to the presiding officers of the introduced by Senator Mary Landrieu to ad- flood insurance rate maps; and Senate and the House of Representatives of dress the flaws of the Biggert-Waters Flood Whereas, such revised flood insurance rate the Congress of the United States of America maps do not include the discounts granted Insurance Reform Act; and Whereas, SMART NFIP, if passed, would and to each member of the Louisiana con- by the current rate maps to property owners delay premium increases, repeal provisions gressional delegation. who have taken action to mitigate property preventing new owners of sold homes to con- damage by installing and maintaining flood POM–65. A joint resolution adopted by the tinue subsidized rates, and allow the rebuild- control features, in conformity with the Legislature of the State of Maine memori- ing of key community facilities destroyed in most current federal law available to them, alizing the United States Congress to re- a disaster that lie in velocity zones; and and in conformity with current flood insur- Whereas, on May 23, 2013, the Flood Insur- institute the Glass-Steagall Act; to the Com- ance rate maps; and ance Implementation Reform Act of 2013 was mittee on Banking, Housing, and Urban Af- Whereas, countless Louisiana property introduced by Congressman Cedric Rich- fairs. owners have built and purchased homes and mond in an effort to also address flaws of the JOINT RESOLUTION businesses in accordance with the current Biggert-Waters Flood Insurance Reform Act; Whereas, an effective monetary and bank- flood rate insurance maps which, under the and ing system is essential to the proper func- provisions of the Biggert-Waters Flood In- Whereas, the Flood Insurance Implementa- tion of the economy; and surance Reform Act of 2012, will soon enter tion Reform Act is co-sponsored by Congress- Whereas, an effective monetary and bank- obsolescence; and men Bill Cassidy, Rodney Alexander, Charles ing system must function in the public inter- Whereas, the act also includes provisions, Boustany, and Congresswomen Doris Matsui est without bias; and located in Section 207 of such act, that elimi- and Maxine Waters; and Whereas, the federal Banking Act of 1933, nate the ‘‘grandfathering’’ of homes that Whereas, the Flood Insurance Implementa- commonly referred to as the Glass-Steagall were built after the existing flood insurance tion Reform Act, would, if passed, in some Act, protected the public interest in matters rate maps in accordance with then existing cases delay, up to five years, major compo- dealing with the regulation of commercial laws; and nents of the Biggert-Waters Flood Insurance and investment banks, in addition to insur- Whereas, by purchasing homes and busi- Reform Act, including delaying the increas- ance companies and securities firms; and nesses in accordance with the provisions of ing of rates previously ‘‘grandfathered’’; and Whereas, the Glass-Steagall Act was re- the former flood rate insurance maps and by Whereas, these instruments would address pealed in 1999, permitting members of the fi- investing in previously owned property to in- many of the concerns addressed herein; and nancial industry to exploit the financial sys- stall flood mitigation features, Louisiana Whereas, the United States Congress tem for their own gain in disregard of the property owners relied on their strict com- should consider the passage of the Strength- public interest; and

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.012 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6012 CONGRESSIONAL RECORD — SENATE July 29, 2013 Whereas, many financial industry entities of compliance, with the borrower ‘‘ability- POM–67. A concurrent resolution adopted were saved by the United States Treasury at to-repay’’ requirements contained in the by the Legislature of the State of Louisiana a cost of billions of dollars to American tax- Dodd-Frank Act; and memorializing the Congress of the United payers; and Whereas, mortgage loans made that do not States to study the causes, effects, preven- Whereas, within the hundreds of pages of receive the ‘‘qualified mortgage’’ status will tion, and treatment of early mortality syn- the Dodd-Frank Wall Street Reform and be subject to increased scrutiny and subject drome in the national and international Consumer Protection Act there are no prohi- those lenders making them to increased po- shrimp industry; to the Committee on Com- bitions that prevent ‘‘too big to fail’’ finan- tential liability, possibly causing many lend- merce, Science, and Transportation. ers to stop making nonqualified mortgage cial services organizations from investing in HOUSE CONCURRENT RESOLUTION NO. 120 loans; and or undertaking substantial risks involving Whereas, early mortality syndrome (EMS) trillions of dollars of derivative contracts; Whereas, it is vitally important that the Consumer Financial Protection Bureau and has been identified in the shrimp stocks in and China, Vietnam, Malaysia, and Thailand, Whereas, the American taxpayers continue the United States Congress adopt proper cri- teria for qualified mortgage loans to ensure causing large losses among the shrimp farms to be at risk for the next round of bank fail- in those countries; and ures, as enormous risks are undertaken by fi- that lenders continue to make certain loans and to avoid a potential decrease in access to Whereas, EMS is characterized by mass nancial services organizations; and mortalities during the first twenty to thirty Whereas, Congresswoman Marcy Kaptur credit for some consumers that may already have few credit options and that want and days of culture in growout ponds along with has introduced H.R. 129, known as the Re- the clinical signs including slow growth, turn to Prudent Banking Act of 2013, to rein- need certain loan features; and Whereas, Louisiana bankers, especially in corkscrew swimming, loose shells, and pale state the provisions of the Glass-Steagall coloration; and Act, which has gained major bipartisan sup- rural areas, are very concerned with the nar- row ‘‘qualified mortgage’’ designation pro- Whereas, affected shrimp consistently port; and show an abnormal shrunken, small. swollen, Whereas, the Glass-Steagall Act has wide- vided by the Consumer Financial Protection Bureau for balloon loans held in portfolio by or discolored hepatopancreas resulting in spread national support from organizations the bank and the effect this narrow defini- mortality; and such as the American Federation of Labor tion will have on customers; and Whereas, Congress should fully utilize and and Congress of Industrial Organizations, the Whereas, for various reasons, many con- bring to bear all available means of research American Federation of Teachers and the sumers do not qualify for loans that can be and study to determine the causes, effects, International Association of Machinists, as sold into the secondary market and a balloon prevention, and treatment of early mortality well as from prominent economic and busi- loan made and held in portfolio by the local syndrome in the shrimp industry and take ness leaders, many of the major and re- bank may be one of the only options for all appropriate actions necessary to fully spected national newspapers and many oth- those consumers; and protect the shrimp industry in Louisiana and ers: Now, therefore, be it Whereas, community banks have pru- other states from this disease; and Resolved, That We, your Memorialists, re- dently, consistently, and historically made Whereas, throughout the Gulf of Mexico spectfully urge and request that the Presi- balloon loans in order to serve the specific the shrimp industry in Louisiana and other dent of the United States and the United needs of customers; and states is a multibillion dollar industry of States Congress enact legislation that would Whereas, balloon loans held in portfolio by vital importance to the economic well-being reinstate the separation of commercial and a bank are generally acknowledged as very of the region, and is still threatened by and investment banking functions that was in ef- safely underwritten loans with lower default suffering from the enormous impacts of re- fect under the Glass-Steagall Act, the Bank- rates than other loans because the bank cent natural and manmade disasters: Now, ing Act of 1933, to prohibit commercial banks making the loan retains all of the credit therefore, be it and bank holding companies from investing risk; and Resolved, That the Legislature of Louisiana in stocks, underwriting securities or invest- Whereas, the Consumer Financial Protec- does hereby memorialize the Congress of the ing in or acting as guarantors to derivative tion Bureau ‘‘ability-to-repay’’ rule provides United States to study the causes, effects, transactions, in order to prevent American that beginning January, 2014, only banks prevention, and treatment of early mortality taxpayers from being again called upon to predominately in rural or underserved areas syndrome in the national and international bail out financial institutions; and be it fur- can qualify for balloon loan qualified mort- shrimp industry and take all appropriate ac- ther gages; and tions necessary to fully protect the shrimp Resolved, That suitable copies of this reso- Whereas, only nineteen parishes in Lou- industry in Louisiana and other states from lution, duly authenticated by the Secretary isiana will likely be considered ‘‘rural’’ areas this disease; and be it further of State, be transmitted to the Honorable under the definition used by the Consumer Resolved, That a copy of this Resolution be Barack H. Obama, President of the United Financial Protection Bureau; and transmitted to the presiding officers of the States, the President of the Senate and the Whereas, as provided in the Consumer Fi- Senate and the House of Representatives of Speaker of the House of Representatives of nancial Protection Bureau definition, par- the Congress of the United States of America the Congress of the United States, and to ishes excluded are those in metropolitan sta- and to each member of the Louisiana con- each Member of the Maine Congressional tistical areas, or micropolitan statistical gressional delegation. Delegation. areas adjacent to a metropolitan statistical area, as those terms are defined by the POM–68. A concurrent resolution adopted POM–66. A concurrent resolution adopted United States Office of Management and by the Legislature of the State of South by the Legislature of the State of Louisiana Budget; and Carolina memorializing the United States memorializing the United States Congress to Whereas, the Consumer Financial Protec- Congress to enact legislation that gives the take such actions as are necessary to give tion Bureau commentary states that coun- State of South Carolina authority to manage ‘‘qualified mortgage’’ status to all balloon ties (parishes) included in the definition of its stock of Black Sea Bass in both state and loans held in portfolio by a bank; to the ‘‘rural’’ will only result in nine and seven federal waters; to the Committee on Com- Committee on Banking, Housing, and Urban tenths percent of the United States popu- merce, Science, and Transportation. Affairs. lation being included in the definition; and Whereas, if the United States Congress and CONCURRENT RESOLUTION HOUSE CONCURRENT RESOLUTION NO. 143 the Consumer Financial Protection Bureau Whereas, the Public Trust Doctrine is a Whereas, the Consumer Financial Protec- do not act to broaden the definition of legal principal derived from English Com- tion Bureau recently released its ‘‘ability-to- ‘‘rural’’ currently being used in the rules, mon Law which has been affirmed repeatedly repay’’ rule as mandated by the federal many bank customers in Louisiana could be by state and federal courts interpreting the Dodd-Frank Wall Street Reform and Con- negatively impacted by diminished access to essence of the doctrine to mean that the sumer Protection Act of 2010, which was credit: Now, therefore, be it waters of the state are a public resource passed by the United States Congress; and Resolved, That the Legislature of Louisiana owned by and available to all citizens equal- Whereas, the ‘‘ability-to-repay’’ rule pro- does hereby memorialize the United States ly for the purposes of navigation, conducting vides specific criteria for mortgage lenders Congress to take such actions as are nec- commerce, fishing, recreation, and similar to follow in order to make a good faith deter- essary to give ‘‘qualified mortgage’’ status uses; and mination that a borrower has the ability to to all balloon loans held in portfolio by a Whereas, the amendment to Article I of repay his mortgage loan; and bank and to urge and request the Consumer the Constitution of South Carolina, 1895, pre- Whereas, as part of the rule, the Consumer Financial Protection Bureau to expand the pared under the terms of Joint Resolution Financial Protection Bureau created ‘‘quali- definition of ‘‘rural’’ for balloon loan quali- 3483 of 2009, having been submitted to the fied mortgages’’ which are mortgages with fied mortgages; and be it further qualified electors at the General Election of characteristics that are presumed to be in Resolved, That a copy of this Resolution be 2010 as prescribed in Section 1, Article XVI of compliance with the ‘‘ability-to-repay’’ rule; transmitted to the presiding officers of the the Constitution of South Carolina, 1895, and and Senate and the House of Representatives of a favorable vote having been received on the Whereas, loans designated as ‘‘qualified the Congress of the United States of Amer- amendment, added Section 25 which reads, mortgage’’ loans give lenders important ica, to each member of the Louisiana con- ‘‘the traditions of hunting and fishing are legal protections by deeming those loans to gressional delegation, and to the director of valuable parts of the state’s heritage, impor- have complied, or giving them a presumption the Consumer Financial Protection Bureau. tant for conservation, and a protected means

VerDate Mar 15 2010 02:44 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.015 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6013 of managing nonthreatened wildlife. The Resolved, That a copy of this Resolution be Whereas, the United States Forest Service citizens of this State have the right to hunt, transmitted to the presiding officers of the has not placed emphasis and priority on fish, and harvest wildlife traditionally pur- Senate and the House of Representatives of eliminating barriers to effective and stream- sued, subject to laws and regulations pro- the Congress of the United States of America lined contracting procedures and effective moting sound wildlife conservation and man- and to each member of the Louisiana con- use of volunteers in order to respond to the agement as prescribed by the General Assem- gressional delegation. crisis in the wilderness and maximize bly. Nothing in this section shall be con- fieldwork accomplishment; and strued to abrogate any private property POM–70. A joint memorial adopted by the Whereas, the Secretary of Agriculture and rights, existing state laws or regulations, or Legislature of the State of Idaho urging the the Chief of the United States Forest Service the state’s sovereignty over its natural re- Secretary of the United States Department have not placed the necessary emphasis and sources’’; and of Agriculture to declare the Frank Church- priority of the requirement of Section 5(b) of Whereas, with regard to the management River of No Return Wilderness and adjacent the Central Idaho Wilderness Act to clear ob- of the state’s Black Sea Bass (Centropristis national forest lands to be a Natural Re- structions from all trails within and adja- Striata) population, South Carolina’s De- sources Disaster Area; to the Committee on cent to the wilderness on at least an annual partment of Natural Resources along with Energy and Natural Resources. basis; and Whereas, the Chief of the United States the state’s commercial and recreational fish- HOUSE JOINT MEMORIAL NO. 1 Forest Service has not programmed on a ermen are prime examples of responsible re- We, your Memorialists, the House of Rep- source stewards, as they place an extremely continuing basis even normal repair, replace- resentatives and the Senate of the State of ment and maintenance of the trail system high value on the quality and existence of Idaho assembled in the First Regular Session our nation’s coastal waters and freshwater and trail structures such as bridges, trail of the Sixty-second Idaho Legislature, do tread, drainage, associated signing and other resources. The Department of Natural Re- hereby respectfully represent that: essential actions to enable safe public use, sources, as well as commercial and rec- Whereas, the State of Idaho and the vast full and unimpeded public access by foot and reational fishermen respect this species’ ma- Frank Church-River of No Return Wilderness horseback and the public services that are rine and freshwater habitats because they and contiguous national forests have suf- vital to public use and enjoyment of the wil- know that in order for these ecosystems to fered numerous and frequent large destruc- derness, in order to prevent cumulative dete- sustain healthy populations of this species, tive forest and range fires, most recently in rioration of the system under even non-fire these must be protected and carefully man- 2012; and conditions; and aged; and Whereas, the fires have not only incremen- Whereas, the Chief of the United States Whereas, allowing the State of South Caro- tally expanded the total burned acreage but Forest Service has not placed emphasis on lina to manage the state’s Black Sea Bass have also reburned huge areas one or more efficient and economical methods of trail (Centropristis Striata) population would pro- times; and restoration and maintenance, and has in fact vide the best protection for this population Whereas, the cumulative effect of numer- aggressively limited methods and tools by so that it may remain a natural resource for ous large fires has resulted in tremendous Forest Service crews, contractors and volun- current and future generations: Now, There- damage and destruction to the watersheds, teers that would greatly increase accom- fore, be it streams important to the recovery of anad- plishment and lower costs without adverse Resolved by the House of Representatives, the romous fish, wildlife habitat, scenic values, effect on wilderness values or visitors; and Senate concurring, That the members of the recreational use, loss of native plant species, Whereas, use of outfitter and guide permit- General Assembly memorialize Congress to historic structures, public access and safety, tees, contractors and volunteers from var- enact legislation that gives the State of air quality and public health, the trail net- ious organizations to accomplish trail work South Carolina authority to manage its work and other values and benefits for which is well below potential due to a lack of em- stock of Black Sea Bass (Centopristis the national forests and wilderness were es- phasis by the United States Forest Service Striata) in both state and federal waters; and tablished; and on using innovative ways to offset permittee be it further Whereas, the cumulative and growing loss fees and streamline and simplify contracting Resolved, That a copy of this resolution be of wilderness values and attributes is also re- procedures: Now, therefore, be it forwarded to the President of the United sulting in serious economic impact to sur- Resolved, by the members of the First Regular States Senate, the Speaker of the United rounding communities, counties, the State Session of the Sixty-second Idaho Legislature, States House of Representatives, and each of Idaho and the businesses dependent upon the House of Representatives and the Senate member of the South Carolina Congressional the natural resources inherent in wilderness concurring therein, That we urge the Sec- Delegation. and the national forests; and retary of the United States Department of Whereas, hundreds of miles of trails have Agriculture to declare the Frank Church- POM–69. A concurrent resolution adopted been severely damaged, blocked, rendered River of No Return Wilderness and adjacent by the Legislature of the State of Louisiana unsafe for travel or simply wiped out by fire, national forest lands to be a Natural Re- memorializing the United States Congress to and the continuing destructive aftermath of sources Disaster Area; and be it further Resolved, That we urge the Secretary of take such actions as are necessary to adopt blowdown, washouts and landslides have not Agriculture and the Chief of the United and enact the Fixing America’s Inequities been opened, cleared, repaired or replaced. States Forest Service to recognize the dire with Revenue Act; to the Committee on En- The backlog of critical restoration work is conditions prevailing within and adjacent to ergy and Natural Resources. rapidly growing each year and far exceeds the Frank Church-River of No Return Wil- HOUSE CONCURRENT RESOLUTION NO. 58 the work performed annually; and derness and adjacent national forests, and Whereas, the cumulative impact of fires Whereas, offshore producing states face in- further urge that the necessary priorities has resulted in the loss of soil and native equities in federal energy policies which and emphasis be placed on prompt and prac- vegetation and the replacement of native allow onshore producing states to keep up to tical actions to prevent further cumulative fifty percent of revenues generated from en- species with noxious and undesirable plants loss of the unique values of the wilderness; ergy production generated within their that will also prevent or retard reestablish- and be it further states; and ment of desirable native plants; and Resolved, That we urge compliance with Whereas, coastal energy producing states Whereas, the United States Forest Service the specific requirements of the Central like Louisiana have a limited partnership has underestimated the huge cost of trail Idaho Wilderness Act mandating annual with the federal government to keep reve- and resource restoration when making deci- clearing of obstructions from the trail sys- nues generated from their offshore energy sions on active fire strategies in the wilder- tem; and be it further production that is produced for the nation; ness due to a decision bias toward mini- Resolved, That the Chief Clerk of the House and mizing suppression expenditures for wilder- of Representatives be, and she is hereby au- Whereas, the FAIR Act shall address this ness fires at the expense of long-term res- thorized and directed to forward a copy of inequity by authorizing a revenue percent- toration; and this Memorial to the President of the Senate age for all offshore energy producing states Whereas, the United States Forest Service and the Speaker of the House of Representa- like Louisiana, regardless of the type of en- has not placed the necessary emphasis and tives of Congress, the congressional delega- ergy produced and gradually lift the congres- priority on restoration of proper watershed tion representing the State of Idaho in the sionally mandated annual cap on revenue and vegetative conditions within the wilder- Congress of the United States, the Secretary kept by Gulf Coast producing states; and ness, and has also not considered the nega- of the United States Department of Agri- Whereas, offshore revenue sharing is an in- tive effect of vegetative type conversion re- culture and the Chief of the United States tegral element to a comprehensive national sulting from intense and/or repetitive burns; Forest Service. energy plan, increasing revenue as well as and creating additional jobs for the state of Lou- Whereas, the United States Forest Service POM–71. A concurrent resolution adopted isiana: Now, therefore be it has not placed emphasis and priority on by the Legislature of the State of Michigan Resolved, That the Legislature of Louisiana training for forest supervisors, rangers and memorializing the President and the Con- does hereby memorialize the United States staff on the importance of safe and effective gress of the United States to support the Congress to take such actions as are nec- saddle and pack stock use and management, continued and increased development and essary to expedite such revenue sharing as and the field conditions necessary for reason- importation of oil derived from North Amer- outlined in the Fixing America’s Inequities able and safe public and employee access to ican reserves; to the Committee on Energy with Revenue (FAIR) Act; and be it further and within the wilderness; and and Natural Resources.

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SENATE CONCURRENT RESOLUTION NO. 6 when compared to other methods of trans- Whereas, such instability has damaging Whereas, The United States relies—and portation. The Keystone XL pipeline will re- consequences both for our economy and our will continue to rely for many years—on gas- place the equivalent of 200 ocean tankers per national security; and oline, diesel, and jet fuel, as well as renew- year. This will reduce greenhouse gas emis- Whereas, the United States Geological Sur- able and alternative sources of energy. In sions by as much as 19 million tons, or the vey estimates a resource of up to 27 billion order to fuel our economy, the United States equivalent of taking almost 4 million cars barrels of oil in the Chukchi and Beaufort will need more oil and natural gas while also off the road; and Seas of Alaska, providing a vast domestic oil requiring additional alternative energy Whereas, The original Keystone pipeline, reserve, but opposition and regulatory hur- sources; and which spans across the northern part of Mis- dles are keeping energy producers from ac- Whereas, The United States accounts for 20 souri, supplies over 435,000 barrels of North cessing these resources; and percent of world energy consumption and is American crude oil to American refineries in Whereas, the TransCanada Keystone XL the world’s largest petroleum consumer. The the Midwest. The Keystone XL pipeline will, pipeline project seeks to link expanded oil U.S. consumes more than 18 million barrels when completed, carry 700,000 barrels of production from the Canadian oil sands to of oil each day, and forecasts suggest this North American crude oil to American refin- refineries in the United States and to facili- will not change for decades. Current imports eries in the Gulf Coast region which will tate the flow of oil from the Dakotas to the amount to over 8 million barrels each day, make its way back to Missouri in the form of Gulf Coast, thereby decreasing our depend- approximately 50 percent of the United gasoline, diesel, and jet fuel; and ence on oil from outside of North America; States’ requirements. Even with new tech- Whereas, The Keystone XL project will and nology, oil discoveries, alternative fuels, and create approximately 9,000 construction jobs. Whereas, Canada is a close friend and ally, conservation efforts, the U.S. will remain de- The Gulf Coast project is a $2.3 billion with whom we share links of infrastructure pendent on imported energy for decades to project that will create approximately 4,000 and energy networks and other ties, so that come. A secure supply of crude oil is not construction jobs. Combined, they support dollars spent on Canadian oil will likely con- only needed for Americans to continue to yet another 7,000 manufacturing jobs. Sev- tribute to the success of the American econ- heat their homes, cook their food, and drive enty-five percent of the pipe used to build omy; and their vehicles, but to allow the U.S. economy the Keystone XL in the U.S. will come from Whereas, the TransCanada pipeline project to thrive and grow free from the potential North American mills, including half made is projected to create construction and man- threats and disruptions of crude oil supply by U.S. workers. Goods for the pipeline, val- ufacturing jobs in the United States, adding from less secure parts of the world; and ued at approximately $800 million, have al- billions of dollars to our economy: Now, Whereas, The growing production of con- ready been sourced from U.S. manufacturers: therefore, be it flict-free oil from Canada’s oil sands and the Now, therefore, be it Resolved by the House of Representatives of Bakken Formation in Saskatchewan, Mon- Resolved by the Senate (the House of Rep- the General Assembly of the Commonwealth of tana, North Dakota, and South Dakota can resentatives concurring), That we: Kentucky: replace crude imported from countries that 1. Support continued and increased devel- Section 1. The House of Representatives of do not share American values. However, ad- opment and delivery of oil derived from the Commonwealth of Kentucky calls upon ditional pipeline capacity to refineries in the North American oil reserves to American re- President Barack Obama and administration U.S. Midwest and Gulf Coast is required; and fineries; officials to support the increased importa- Whereas, Increasing energy imports from 2. Urge the United States Congress to sup- tion of oil from Canadian oil sands and to ap- Canada makes sense for the United States. port continued and increased development prove the newly routed TransCanada Key- Canada is a trusted neighbor with stable and delivery of oil from Canada to the stone XL pipeline to reduce our oil depend- democratic government, strong environ- United States; ency on unstable governments, strengthen mental standards—equal to that of the U.S. 3. Urge the President of the United States ties with an important ally, and create jobs and some of the most stringent human rights to support the continued and increased im- for American workers. Section 2. The House of Representatives of and worker protection legislation in the portation of oil derived from the Bakken the Commonwealth of Kentucky calls upon world; and Formation in Saskatchewan, Montana, President Barack Obama and administration Whereas, Improvements in production North Dakota, and South Dakota, as well as officials to support and facilitate permitting technology have reduced the carbon foot- Canadian oil sands; and for oil production off the northern coast of print of Canadian oil sands development by 4. Urge the U.S. Secretary of State to ap- Alaska to decrease our dependence on for- 26 percent on a per-barrel basis since 1990. Oil prove the newly-routed pipeline application eign oil and spur investment in the Amer- sands production accounts for 6.9 percent of from TransCanada to reduce dependence on ican economy. Canada’s greenhouse gas (GHG) emissions unstable governments, create new jobs, im- Section 3. A copy of this Resolution shall and 0.1 percent, or one-thousandth, of global prove our national security, and strengthen be sent to the President and Vice President GHG emissions. Total emissions from Can- ties with an important ally; and be it further of the United States of America, the Sec- ada’s oil sands sector was 48 megatons in Resolved, That copies of this resolution be retary of State of the United States of Amer- 2010, equivalent to 0.5 percent of U.S. GHG transmitted to the President of the United ica, the Speaker of the United States House emissions. Oil sands crude has similar carbon States, the U.S. Secretary of State, the of Representatives, and each member of the dioxide emissions to other heavy oils and is President of the United States Senate, the Kentucky delegation to the United States 9 percent more carbon-intensive than the av- Speaker of the United States House of Rep- Congress. erage crude refined in the U.S. on a wells-to- resentatives, and the members of the Michi- wheels basis; and gan congressional delegation. Whereas, The 57 refineries in the Gulf POM–73. A resolution adopted by the Leg- Coast region provide a total refining capac- islature of the Virgin Islands petitioning the POM–72. A resolution adopted by the House United States Congress to pass and adopt ity of approximately 8.7 million barrels per of Representatives of the Commonwealth of day (bpd), or half of U.S. refining capacity. H.R. 92, which would authorize a grant of Kentucky urging the President of the United $100,000,000 to the Virgin Islands Water and In 2011, these refineries imported approxi- States to encourage oil and natural gas pro- mately 5 million bpd of crude oil from more Power Authority to alleviate the energy cri- duction off the northern coast of Alaska, and sis in the Territory and for other purposes; than 30 countries, with the top four suppliers to approve the construction of the Trans- being Mexico (22 percent), Saudi Arabia (17 to the Committee on Energy and Natural Re- Canada Keystone XL pipeline project; to the sources. percent), Venezuela (16 percent), and Nigeria Committee on Energy and Natural Re- RESOLUTION NO. 1794 (9 percent). Imports from Mexico and Ven- sources. ezuela are declining as production from Whereas, the Virgin Islands Water and HOUSE RESOLUTION NO. 122 these countries decreases and supply con- Power Authority (‘‘the Authority’’) gen- tracts expire. Once completed, A Resolution urging the President of the erates electricity through the use of fossil TransCanada’s Keystone XL and Gulf Coast United States to encourage oil and natural fuel refined into diesel; and Expansion projects could displace roughly 40 gas production off the northern coast of Whereas, studies have shown that elec- percent of the oil the U.S. currently imports Alaska, and to approve the construction of tricity generation accounts for approxi- from the Persian Gulf and Venezuela; and the TransCanada Keystone XL pipeline mately sixty eight percent of total energy Whereas, The Keystone XL pipeline project project. usage in the Virgin Islands; and has been subject to the most thorough public Whereas, high oil prices are having a major Whereas, in the last decade the cost of fuel consultation process of any proposed U.S. detrimental impact on families, farms, and used by the Authority to produce electricity pipeline. It has also been the focus of mul- businesses in Kentucky and are likely to un- has risen from $32.06 per barrel in October tiple environmental impact statements and dercut the prospects for an economic recov- 2003 to $138.50 per barrel in February 2013; several U.S. Department of State studies. ery; and and These analyses have concluded that it poses Whereas, the United States currently im- Whereas, the current consumer cost of the least impact to the environment and is ports almost half of its oil and petroleum electrical power in the Virgin Islands, at $.52 much safer than other modes of transporting products, making it dependent on foreign per kilowatt hour for residential customers crude oil; and sources and subject to interruptions and and $.58 per kilowatt hour for commercial Whereas, Pipelines are the safest method price fluctuations stemming from geo- customers, is the highest under the Amer- for the transportation of petroleum products political forces; and ican flag; and

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Whereas, the average monthly electricity SENATE JOINT RESOLUTION NO. 14 2012, the United States Supreme Court re- bill for Virgin Islands households is $254, five Whereas, The Lyon County Economic De- affirmed the position of the states as ‘‘sepa- times the national average; and Whereas, velopment and Conservation Act, H.R. 696, rate and independent sovereigns’’; residential and commercial consumers are was recently introduced in the 113th Con- Whereas, the court made it clear that the particularly ill-placed to absorb the high and gress; and federal government ‘‘must show that a con- rising costs of electricity as the per capita Whereas, The intent of this proposed legis- stitutional grant of power authorizes each of income in the Virgin Islands is approxi- lation is to promote the preservation of wil- its actions’’; mately fifty three percent of the national av- derness and develop a sustainable develop- Whereas, in contrast, the Supreme Court erage; and ment plan to enable all persons to benefit further explained that ‘‘the same does not Whereas, the increasingly unsupportable from the use of land adjacent to the City of apply to the States, because the Constitu- cost of electricity has resulted in an exodus Yerington for potential commercial and in- tion is not the source of their power.... of residents and the closure of businesses, in- dustrial development, mining activities, rec- The States thus can and do perform many of cluding the territory’s last remaining dairy reational opportunities and expansion of the vital functions of modern government operation; and community and cultural events; and . . . even though the Constitution’s text Whereas, the Virgin Islands Public Serv- Whereas, The provisions of the Lyon Coun- does not authorize any government to do ices Commission which regulates public util- ty Economic Development and Conservation so’’; ities in the territory, has publicly stated Act propose to convey federal land to the Whereas, the Supreme Court added, ‘‘Our that the high rates of electricity are depriv- City of Yerington for the purposes of sus- cases refer to this general power of gov- ing the local economy of between $150–250 tainable economic and industrial develop- erning, possessed by the States but not by million annually and that the current elec- ment; and the federal government, as the ‘police trical rates cannot be sustained for a signifi- Whereas, Commercial and industrial devel- power.’ . . Because the police power is con- cant time without substantial harm to the opment of the federal land would enable the trolled by 50 different states instead of one economy of the Virgin Islands; and community to benefit from the transpor- national sovereign, the facets of governing Whereas, the Virgin Islands Water and tation, power and water infrastructure that that touch on citizens’ daily lives are nor- Power Authority’s (‘‘the Authority’’) efforts would be put in place with the concurrent mally administered by smaller governments to convert to alternate fuels and renewable development of commercial and industrial closer to the governed. The Framers thus en- energy sources cannot be effectuated imme- operations; and sured that powers which ‘in the ordinary diately but will require some years to imple- Whereas, The federal land proposed for course of affairs, concern the lives, liberties, ment; and conveyance to the City under the Lyon and properties of the people’ were held by Whereas, the conversion of equipment to County Economic Development and Con- governments more local and more account- burn alternative fuels will cost the Author- servation Act is adjacent to the boundaries able than a distant bureaucracy’’; ity millions of dollars; and of the City and would be used to enhance rec- Whereas, the Supreme Court also high- Whereas, the major supplier of fuel to the reational, cultural, commercial and indus- lighted a vital role of states’ authority in re- Authority closed its doors and is not refining trial development opportunities in the City; lation to the federal government, stating, fossil fuels; and and ‘‘The independent power of the States also Whereas, the planned conversion of the Whereas, The provisions of the Lyon Coun- serves as a check on the power of the Federal Authority’s generating plants to utlize less ty Economic Development and Conservation Government: ‘By denying any one govern- expensive fuels including Liquified Petro- Act propose to designate federal land as wil- ment complete jurisdiction over all the con- leum Gas and Liquified Natural Gas are not derness and as a component of the National cerns of public life, federalism protects the expected to result in lower electricity rates Wilderness Preservation System, to be liberty of the individual from arbitrary until at least mid 2014; and known as the ‘‘Wovoka Wilderness’’; and power . . . In the typical case we look to Whereas, the Virgin Islands Delegate to Whereas, The proposed Wovoka Wilderness the States to defend their prerogatives by Congress, Donna Christian-Christensen, has is named in honor of the Northern Paiute adopting ‘‘the simple expedient of not yield- introduced legislation, H.R. 92 in the House spiritual leader and founder of the Ghost ing’’ to federal blandishments when they do of Representatives that would authorize a Dance, and contains landscapes and wildlife not want to embrace the federal policies as grant of $100,000,000 to the Authority should habitat that have been enjoyed by hunters, their own; it apply and $15,000,000 for fiscal years 2013 outdoor enthusiasts and explorers since John Whereas, the Supreme Court, concluding through 2017 for the conversion of fuel oil C. Fremont camped along the East Walker this line of logic, declared, ‘‘The States are (diesel) to liquefied natural gas or liquefied River in 1844; and separate and independent sovereigns. Some- petroleum gas; and Whereas, The Lyon County Economic De- times they have to act like it’’; Whereas, the fiscal stability and survival velopment and Conservation Act will create Whereas, in 1917, the Court, in Utah Power of the territory, including hotels, gifts shops, an estimated 1,300 jobs and provide much and Light v. United States, held that ‘‘The restaurants, bars and the average business is needed economic development for the City of power of the United States to protect its dependent on cost effective electricity to Yerington and Lyon County; and property by its own legislation from private generate a profit and pay taxes which in turn Whereas, The designation of the proposed trespass and waste does not, and cannot, keep schools, hospitals and government de- Wovoka Wilderness will preserve invaluable imply a general police power over the vacant partment and agencies running; and prehistoric cultural and natural resources, public lands within a State. The section in Whereas, the territory’s efforts at eco- thereby preserving those resources for future the Constitution relating to the admission of nomic recovery and industry recruitment are generations: Now, therefore, be it new States, and the concomitant disposition severely hampered by the high rate of elec- Resolved by the Senate and Assembly of the of the public lands, excludes, by its express tricity, which discourages new investment State of Nevada, jointly, That the members of terms, any construction by which the United and business development: Now, therefore, be the 77th Session of the Nevada Legislature States may claim any additional govern- it hereby urge Congress to enact the Lyon mental or police powers within the States in Resolved by the Legislature of the Virgin Is- County Economic Development and Con- which such public land is situated’’; lands: servation Act; and be it further Whereas, Article 1, Section 8, Clause 17, of Section 1. The Legislature, on behalf of the Resolved, That the Secretary of the Senate the United States Constitution states that People of the Virgin Islands respectfully prepare and transmit a copy of this resolu- the federal government will ‘‘exercise exclu- urges the House of Representatives of the tion to the Vice President of the United sive Legislation in all Cases whatsoever, Congress of the United States to adopt H.R. States as the presiding officer of the Senate, over such District (not exceeding ten Miles 92 to authorized a one hundred million dollar the Speaker of the House of Representatives square) as may, by Cession of Particular grant to the Virgin Islands Water and Power and each member of the Nevada Congres- States, and the Acceptance of Congress, be- Authority and a grant of fifteen million dol- sional Delegation; and be it further come the Seat of the Government of the lars to convert from fuel oil to natural gas. Resolved, That this resolution becomes ef- United States, and to exercise like Authority Section 2. A copy of this Resolution shall fective upon passage. over all Places purchased by the Consent of be forwarded to the Honorable John Boehner, the Legislature of the State in which the POM–75. A joint resolution adopted by the Speaker of the House, each member of the Same shall be, for the Erection of Forts, Legislature of the State of Utah declaring U.S. Congress, and the U.S. Virgin Islands Magazines, Arsenals, dock-Yards, and other and asserting the jurisdictional right of the Delegate to Congress, Donna Christian- needful Buildings’’; Christensen. State of Utah and its political subdivisions Whereas, the domain of exclusive jurisdic- Thus passed by the Legislature of the Vir- to respond to and take action when condi- tion by the federal government is limited to gin Islands on April 16, 2013. tions on federally managed land in the state the District of Columbia and other Places adversely affect, or may adversely affect, the purchased by the Consent of the State Legis- POM–74. A joint resolution adopted by the health, safety, or welfare of the people; to latures for the Erection of Forts, Magazines, Legislature of the State of Nevada urging the Committee on Energy and Natural Re- Arsenals, dock-Yards, and other needful Congress to enact the Lyon County Eco- sources. Buildings incidental to the powers expressly nomic Development and Conservation Act; HOUSE JOINT RESOLUTION 15 granted within the Constitution; to the Committee on Energy and Natural Re- Whereas, in its Patient Protection and Af- Whereas, ‘‘other needful Buildings’’ did not sources. fordable Care Act decision, released June include vast acres of undeveloped land;

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Whereas, although Section 3 of the Utah Whereas, the USFS and the BLM have HOUSE CONCURRENT RESOLUTION NO. 11 Enabling Act states, in part, ‘‘That the peo- caused a public nuisance and safety issue for Whereas, in 1933, Congress enacted 47 Stat. ple inhabiting said proposed State do agree the people of the state of Utah and Utah’s 1418, which expanded the boundaries of the and declare that they forever disclaim all political subdivisions by not removing the Navajo Reservation north of the San Juan right and title to the unappropriated public condition, persistently in the National For- River, in San Juan County, Utah, referred to lands lying within the boundaries thereof,’’ est and BLM system lands, of imminent fire as the ‘‘Aneth Extension,’’ and directed that the state of Utah did not disclaim its juris- and not mitigating the effects of recent fires; 37.5% of all royalties from oil and gas ex- diction; Whereas, Utah’s 2012 Shingle Creek Fire tracted from certain portions of the Aneth Whereas, during the Eisenhower Adminis- was human caused on USFS land; Extension ‘‘shall be expended by the State of tration, the United States government pub- Whereas, the fire was one-third contained Utah in the Tuition of Indian children in lished a report entitled ‘‘Report of the Inter- by the operation of one bulldozer; white schools and/or in the building or main- departmental Committee for the Study of Whereas, four bulldozers were ready for use tenance of roads across the [Aneth Exten- Jurisdiction Over Federal Areas Within the by 6 p.m. on the day of the fire, but since the sion], or for the benefit of the Indians resid- States’’ in which four basic areas of federal fire was on USFS land, only one bulldozer ing therein’’; jurisdiction were identified: was allowed to operate until 10 p.m. and was Whereas, in 1968, Congress enacted Public 1. Exclusive Legislative Jurisdiction: This only allowed to operate one blade wide and Law 90–306, 82 Stat. 121, which expanded the term is applied when the federal government to dig no deeper than two inches; beneficiary class to include all Navajo resid- possesses, by whichever method acquired, all Whereas, as a result, the fire burned more ing in San Juan County, Utah, (Utah Dine´h), of the authority of the State, and in which than 8,000 acres, damaged and altered the and which redefined the purposes of the Utah the State concerned has not reserved to local watershed, created future risks of de- Navajo Trust Fund (UNTF) to include the itself the right to exercise any of the author- bris and mudslides, and will require costly beneficiaries’ ‘‘health, education and general ity concurrently with the United States ex- repairs; welfare’’; cept to serve civil or criminal process in the Whereas, Utah’s 2012 Seeley Fire, which Whereas, the 1933 act and the 1968 expan- area for activities that occurred outside the was started by lightning, eventually de- sion of the beneficiary (Federal Acts) class area; stroyed over 48,000 acres, or 76 square miles; effectively created a common law discre- Whereas, debris flow and sediment from 2. Concurrent Legislative Jurisdiction: tionary trust whereby the United States is the Seeley Fire will be a major issue in the This term is applied in those instances the settlor, Utah is the trustee, and all Utah surrounding watershed for the next two to wherein by granting to the United States au- Dine´h residing in San Juan County, Utah, five years, impacting local municipalities, thority—which would otherwise amount to are beneficiaries; exclusive legislative jurisdiction over an power plants, local businesses, homes, roads, Whereas, pursuant to the Federal Acts, area—the State concerned has reserved to bridges, and farms; Utah is directed to administer the oil and Whereas, in one instance, the USFS chose itself the right to exercise, concurrently gas royalties for the health, education, and to bulldoze a portion of private land, claim- with the United States, all of the same au- general welfare of the Navajo Indians resid- thority; ing it was the best place to fight the wildfire; Whereas, these are just two examples of ing in San Juan County; 3. Partial Legislative Jurisdiction: This Whereas, oil and gas were first extracted in conditions at the community level that have term is applied in those instances wherein a paying quantities from the Aneth Extension been made worse by the federal government’s state has granted authority to the federal during or about the late 1950s; government to legislate over an area of the mismanagement of federal lands; Whereas, in 2008, the Legislature of the Whereas, the jurisdictional right of states state but the State has reserved to itself the state of Utah enacted H.B. 352, Amendments right to exercise, by itself or concurrently and their political subdivisions to mitigate Related to Monies Derived from Navajo Na- with the United States, other authority con- potential risks to the health, safety, or wel- tion Reservation Lands in Utah, which in stituting more than merely the right to fare of the state or a political subdivision part declared, ‘‘It is the purpose of this chap- serve civil or criminal process in the area, or should not be fettered by the federal bu- ter to provide for a transitional process until the right to tax private property; reaucracy; and congressional action designates a new recipi- Whereas, states should assert their rights 4. Proprietorial Interest Only: This term is ent of the Utah Navajo royalties’’; applied to those instances wherein the fed- to mitigate potential risks to the health, Whereas, H.C.R. 4, Concurrent Resolution eral government has acquired some right or safety, or welfare of the state or a political Encouraging Congressional Action to Des- title to an area in a state, but has not ob- subdivision and not allow their authority to ignate a New Recipient of Royalties from tained any measure of the State’s authority be eroded by federal government claims of Navajo Reservation Lands in Utah, also over the area. In applying this definition, authority: Now, therefore, be it passed by the Utah Legislature in 2008, noted recognition should be given to the fact that Resolved, That the Legislature of the state that ‘‘the state first received monies from the United States, by virtue of its functions of Utah declare and assert its jurisdictional the 37.5% of the oil and gas royalties in 1959 and authority under various provisions of right, and the right of its political subdivi- and litigation related to those royalties the Constitution, has many powers and im- sions, to respond to and take action when began almost immediately’’ and that ‘‘the li- munities not possessed by ordinary land- conditions on federally managed land in the tigious environment surrounding the state’s holders with respect to areas in which it ac- state adversely affect, or may adversely af- administration of the oil and gas royalties quires an interest, and of the further fact fect, the health, safety, or welfare of the peo- harms the relationship between the state that all its properties and functions are held ple without the intrusion and interference of and the San Juan Navajos and complicates or performed in a governmental, rather than the federal government on its efforts to re- all parties’ ability to meet the needs of the proprietary, capacity; spond to the needs of their citizens; and be it San Juan Navajos’’; Whereas, the report also stated, ‘‘It scarce- further. Whereas, H.B. 352 incrementally reduced ly needs to be said that unless there has been Resolved, That the Legislature urges the expenditures under the trust duties; a transfer of jurisdiction pursuant to clause states to declare and assert their jurisdic- Whereas, H.B. 352 resulted in the establish- 17 by a Federal acquisition of land with tional rights, and the rights of their political ment of what became known as the Navajo State consent, or by cession from the State subdivisions, to respond to and take action Royalty Holding Fund (NRHF) no later than to the Federal Government, or unless the when conditions on federally managed land July 1, 2008, into which all oil and gas royal- Federal Government has reserved jurisdic- in the states adversely affect, or may ad- ties monetary assets and future royalty pay- tion upon admission of the State, the Fed- versely affect, the health, safety, or welfare ments would be placed; eral Government possesses no legislative ju- of the people without the intrusion and in- Whereas, Utah law, established by H.B. 352, risdiction over any area within a State, such terference of the federal government on ef- was amended in 2012 by S.B. 155, Transition jurisdiction being for exercise by the State, forts to respond to the needs of their citi- for Repealed Navajo Trust Fund Act, to subject to non-interference by the State with zens; and be it further allow expenditures from the NRHF for the Federal functions. . . . The consent require- Resolved, That a copy of this resolution be education of certain beneficiaries up to Jan- ment of Article I, Section 8, Clause 17, was sent to the President of the United States, uary 1, 2014; intended by the framers of the Constitution the Majority Leader of the United States Whereas, on June 30, 2010, net assets then to preserve the State’s jurisdictional integ- Senate, the Speaker of the United States being held by the state of Utah in the NRHF rity against federal encroachment. The Fed- House of Representatives, the United States totaled $51,352,590; eral Government cannot, by unilateral ac- Forest Service, the commissions of each Whereas, this includes a $33,000,000 court tion on its part, acquire legislative jurisdic- county in the state of Utah, the Council of settlement, the final installment of which is tion over any area within the exterior State Governments, the National Conference to be paid by the state of Utah in 2013; boundaries of a State’’; of State Legislatures, and the members of Whereas, litigation is now pending in Whereas, an Inventory Report On Jurisdic- Utah’s congressional delegation. United States District Court seeking to force tional Status of Federal Areas Within the the state of Utah to resume active adminis- States, compiled by the United States Gen- POM–76. A concurrent resolution adopted tration of the oil and gas royalties for the eral Services Administration, categorizes all by the Legislature of the State of Utah sup- health, education, and general welfare of the United States Forest Service (USFS) and Bu- porting the transfer of administration of the beneficiaries; reau of Land Management (BLM) land in the Utah Navajo oil and gas royalties to the Whereas, the health, education, and gen- state of Utah as #4, Proprietorial Interest Utah Dine´h Corporation; to the Committee eral welfare of the beneficiaries would be im- Only; on Energy and Natural Resources. proved by continuing projects previously

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.033 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6017 funded, wholly or partially, with oil and gas fer of administrative and fiduciary obliga- Whereas, the benefits of the Enclosure royalties funds, including housing, water de- tions for the oil and gas royalties to the Project are vital and significant, including velopment, range improvement, delivery of UDC; realizing environmental benefits by saving education, healthcare, and other social serv- Whereas, the UDC Board of Directors will 8,000 acre-feet of water annually, improving ices; include representatives elected from each the safety of thousands of people who live Whereas, beneficiaries seeking secondary Utah chapter of the Navajo Nation and from near the canal, and providing a significant education are currently unsure whether col- one chapter organized to represent Utah public recreational benefit; lege financial aid will continue to be avail- Dine´h that currently do not reside within Whereas, due to the great work of the Utah able through the NRHF; Navajo Reservation boundaries; Congressional Delegation, Congress passed Whereas, in certain carefully selected in- Whereas, the UDC intends to administer the Provo River Project Transfer Act (P.L. stances, and in partnership with other gov- the oil and gas royalties pursuant to all ap- 108–382) in October 2004 that authorized the ernmental and private financial institutions, plicable laws and regulations, including the transfer of title of the Provo Reservoir Canal the beneficiaries would benefit from the ex- common law of Indian trusts that imposes to the local sponsor, the Provo River Water penditure of oil and gas royalty money for strict and exacting fiduciary obligations Users Association; economic development in San Juan County; upon any trustee administering the property Whereas, much work has gone into plan- Whereas, the oil and gas royalties should of Native Americans; and ning the title transfer of the Provo Reservoir be actively administered in these areas of Whereas, any transfer of oil and gas royal- Canal and corridor to the local sponsor; need for the health, education, and general ties administrative and fiduciary obligations Whereas, one of the main purposes of seek- welfare of the beneficiaries; to the UDC must ensure that the state of ing title transfer from the United States to Whereas, the Federal Acts provide no Utah is indemnified and held harmless for the Provo River Water Users Association was mechanism for the state of Utah to resign as any liability, damages, or litigation costs re- to take advantage of the managerial benefits trustee of the oil and gas royalties; sulting from oil and gas royalties adminis- of private sector ownership and control; and Whereas, legislation to amend the Federal tration: Now, therefore, be it Whereas, enormous time and consideration Acts to name a successor trustee was intro- Resolved, That the Legislature of the state have gone into the completion of the Enclo- duced in the 111th and 112th Congress, but of Utah, the Governor concurring therein, sure Project in preparation for title transfer did not become law; expresses its support for the transfer of all by the local sponsor, the other participating Whereas, no legislation to amend the Fed- oil and gas royalties administrative and fidu- entities, including Central Utah Water Con- eral Acts to name a successor trustee has ciary obligations to the Utah Dine´h Corpora- servancy District, Metropolitan Water Dis- been introduced in the 113th Congress; tion conditioned on removal of the state as trict of Salt Lake and Sandy, and Jordan Whereas, the Legislature of the state of trustee, by an act of Congress or a federal Valley Water Conservancy District, as well Utah and the Governor stated in H.C.R. 4 court order that can then be used to encour- as all the local communities, the Utah State that the ‘‘removal of the state as a go-be- age congressional action and that indem- Legislature, the Governor, and the many tween provides an opportunity for Navajos’’; nifies and holds harmless the state of Utah Whereas, the Utah Dine´h Corporation residents in the affected area: Now, there- from any and all legal and equitable claims; (UDC) is a nonprofit organization formed fore, be it and be it further Resolved, That the Legislature of the state under the Utah Revised Nonprofit Corpora- Resolved, That the Legislature and the of Utah, the Governor concurring therein, tion Act; Governor declare that any transfer of the oil Whereas, the UDC is organized exclusively recognizes that substantial completion of and gas royalties administrative and fidu- for charitable, religious, educational, and the Provo Reservoir Canal Enclosure Project ciary obligations to the Utah Dine´h Corpora- scientific purposes, including the making of is a tremendous accomplishment and ex- tion by Congressional act or federal court distributions to organizations that qualify as presses support for transfer of title to the order must also indemnify and hold harmless exempt organizations under IRC Section Provo Reservoir Canal from the United the state of Utah from any and all legal and 501(c) of the Internal Revenue Code; States to the Provo River Water Users Asso- equitable claims arising from future oil and Whereas, UDC’s proposed amended bylaws ciation, as authorized by the Provo River gas royalties administration by the Utah ensure transparency and accountability at Project Transfer Act (P.L. 108–382); and be it Dine´h Corporation and for litigation costs every level of corporate administration and further related to any claims; and be it further prohibits real and apparent conflicts of in- Resolved, That the Legislature and the Resolved, That the Legislature and the terest, including nepotism, at every level of Governor urge the United States Bureau of Governor declare that any transfer of oil and corporate administration; Reclamation to work with the parties to ex- gas royalties administrative and fiduciary Whereas, the UDC’s proposed amended by- peditiously complete the transfer of title; obligations to the Utah Dine´h Corporation laws position the Utah Dine´h to play impor- and be it further should require that the value of fixed and tant roles in oil and gas royalties adminis- Resolved That copies of this resolution be monetary oil and gas royalties assets remain tration and oversight, require that the over- sent to Utah’s Congressional Delegation, the at least at current levels so that funds will all value of the oil and gas royalties’ assets, Provo River Water Users Association, Cen- be available to promote future generations currently estimated at approximately tral Utah Water Conservancy District, Met- of oil and gas royalties beneficiaries’ health, $55,000,000, be maintained and, if consistent ropolitan Water District of Salt Lake and education, and general welfare and that the with applicable law and oil and gas royalties’ Sandy, Jordan Valley Water Conservancy Utah Dine´h Corporation should operate purposes, grown; District, the United States Bureau of Rec- Whereas, the UDC’s proposed amended by- under bylaws that have the protections de- lamation, and the Governor. laws require that any oil and gas royalties’ scribed in this resolution; and be it further Resolved, That the Legislature and the assets made available for economic develop- POM–78. A concurrent resolution adopted Governor declare that, if the foregoing objec- ment be limited in amount, comprise only a by the Legislature of the State of West Vir- tives are ensured, the Legislature and the minor portion of any single funding package, ginia urging the United States Congress to Governor support action by Congress or fed- be partnered with loans from other chartered update the Renewable Fuel Standard to eral court order to transfer the oil and gas financial institutions, be offered only as allow a broader range of domestic fuel royalties administrative’ and fiduciary obli- loans at current market rates for any sources, such as natural gas and coal, to be gations to the Utah Dine´h Corporation; and amount over $300, and occur only after it is used to make liquid ethanol; to the Com- be it further expressly determined that the expenditure mittee on Environment and Public Works. Resolved, That a copy of this resolution be will actually promote the beneficiaries’ SENATE CONCURRENT RESOLUTION NO. 76 sent to the Navajo Utah Commission, the health, education, or general welfare; Whereas, The United States needs a bal- President of the Navajo Nation, the Speaker Whereas, the UDC’s proposed amended by- anced and sensible domestic energy policy; of the Navajo Nation Council, the elected laws provide that if all oil and gas royalties and secretary of each Utah Dine´h chapter, the administrative and fiduciary obligations are Whereas, Reducing dependence on foreign San Juan County Board of Commissioners, transferred to the Utah Dine´h Corporation, a oil is not only a matter of national security, the current administrator of the Navajo Request For Proposals addressed to large, but a significant opportunity to enhance eco- Royalty Holding Fund, the secretary of the chartered financial institutions will be nomic prosperity and job growth in West United States Department of the Interior, issued immediately, and every three years Virginia; and the United States Attorney General, and the thereafter, for performing fund management, Whereas, Today there are multiple routes members of Utah’s congressional delegation. investing, and auditing services; to ethanol, including traditional fossil fuels Whereas, the members of each Utah chap- such as natural gas and coal, which are plen- POM–77. A concurrent resolution adopted ter of the Navajo Nation have previously re- tiful in West Virginia and several other by the Legislature of the State of Utah ex- solved to support the UDC’s effort to become states in the country; and pressing appreciation for the completion of the trustee of the oil and gas royalties; Whereas, West Virginia is committed to the Provo Reservoir Canal Enclosure Whereas, this support will again be ensured being a leader in development of a sustain- Project; to the Committee on Energy and by means deemed reasonable and reliable able national energy policy: Now, therefore, Natural Resources. prior to any transfer of oil and gas royalties be it administration to the UDC; SENATE CONCURRENT RESOLUTION NO. 8 Resolved by the Legislature of West Virginia: Whereas, the San Juan County Board of Whereas, the Provo Reservoir Canal Enclo- That the Legislature hereby Urges Con- Commissioners unanimously supports trans- sure Project is substantially complete; gress to update the Renewable Fuel Standard

VerDate Mar 15 2010 04:31 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.035 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6018 CONGRESSIONAL RECORD — SENATE July 29, 2013 to allow a broader range of domestic fuel and 2009 total emissions of the 6 principal air degradation of vital land and water re- sources, such as natural gas and coal, to be pollutants fell by 63 percent, while private sources; and used to make liquid ethanol; and be it fur- sector jobs and our nation’s gross domestic Whereas, corn ethanol’s impact on food ther product increased by 86 percent and 210 per- prices is huge and corn is now trading at an Resolved, That the Legislature of West Vir- cent, respectively; and all-time high and this affects food manufac- ginia urges Congress to pass legislation that Whereas, the United States Environmental turing and other industries such as animal promotes growth of domestic alternative Protection Agency has concluded that the feed businesses; and fuel sources and reduces dependence on for- Clean Air Act has produced economic bene- Whereas, the burning of corn ethanol in- eign oil; and be it further fits valued at 30 times the cost of regulation; creases the emissions of gases and hazardous Resolved, That the Clerk of the Senate is and air pollutants that are probable carcinogens hereby directed to forward a copy of this res- Whereas, the Clean Air Act is continually and are the causes of numerous health issues olution to members of the United States threatened by attempts to weaken, block, such as asthma, chronic bronchitis and other Senate representing West Virginia; to mem- delay or underfund its important public respiratory problems; Now, therefore, be it bers of the West Virginia Congressional dele- health safeguards: Now, therefore, be it Resolved, That We, your Memorialists, re- gation; to the President of the United States Resolved, That We, your Memorialists, re- spectfully urge and request that the Presi- Senate; and to the Speaker of the United spectfully urge and request that the Presi- dent of the United States and members of States House of Representatives. dent of the United States and the United the United States Congress realize the major States Congress support the Clean Air Act problems of corn ethanol as a fuel additive POM–79. A joint resolution adopted by the and fund its enforcement and fund the infra- and the numerous negative effects it has on Legislature of the State of Maine memori- structure that reduces the dangerous air pol- not only Maine citizens but all Americans alizing the President of the United States lution that crosses into Maine and that en- and we urge and request that the President and the United States Congress to protect sures the it is safe to breathe for Maine chil- of the United States and the United States the Clean Air Act and fund the infrastruc- dren and adults; and be it further Congress consider reversing the decision of ture that ensures healthy air for Maine fami- Resolved, That suitable copies of this reso- the United States Environmental Protection lies and businesses; to the Committee on En- lution, duly authenticated by the Secretary Agency to move forward with the use of E15; vironment and Public Works. of State, be transmitted to the Honorable and be it further Resolved, That suitable copies of this reso- JOINT RESOLUTION Barack H. Obama, President of the United States, the President of the United States lution, duly authenticated by the Secretary We, your Memorialists, the Members of the Senate and the Speaker of the United States of State, be transmitted to the Honorable One Hundred and Twenty-sixth Legislature House of Representatives and to each Mem- Barack H. Obama, President of the United of the State of Maine now assembled in the ber of the Maine Congressional Delegation. States, to the Inspector General of the First Regular Session, most respectfully United States Department of Energy, to the present and petition the President of the POM–80. A joint resolution adopted by the United States Environmental Protection United States and the United States Con- Legislature of the State of Maine memori- Agency, to the President of the United gress as follows: alizing the President of the United States States Senate, to the Speaker of the United Whereas, Maine families and businesses and the United States Congress to not re- States House of Representatives and to each need healthy air to grow and succeed because quire the use of E15 gasoline; to the Com- Member of the Maine Congressional Delega- when people are healthy, children do better mittee on Environment and Public Works. tion. in school, workers are more productive and businesses can add jobs because their health JOINT RESOLUTION POM–81. A concurrent resolution adopted care costs are lower; and We, your Memorialists, the Members of the by the Legislature of the State of Michigan Whereas, air pollution does not respect One Hundred and Twenty-sixth Legislature urging the United States Department of En- state borders, and Maine’s geographic loca- of the State of Maine now assembled in the ergy and the Nuclear Regulatory Commis- tion puts us on the receiving end of life- First Regular Session, most respectfully sion to fulfill their obligation to establish a threatening air pollution produced in states present and petition the President of the permanent repository for high-level nuclear to the south and west of us; and United States and the United States Con- waste; to the Committee on Environment Whereas, air pollution can lead to asthma gress, as follows: and Public Works. attacks, heart attacks, strokes, diabetes, Whereas, federal laws and regulations, in- SENATE CONCURRENT RESOLUTION NO. 5 cancer, reproductive and developmental cluding the Clean Air Act, the Energy Policy Whereas, Over the past four decades, nu- harm and even premature death; and Act of 2005 and the national renewable fuel clear power has been a significant source for Whereas, dangerous air pollution levels can standard program, have contributed to the nation’s production of electricity. Ac- increase hospital admissions and emergency changes in fuel standards, such as the re- cording to the U.S. Nuclear Energy Insti- room visits as well as missed days of school moval of methyl tertiary butyl ether, or tute, nuclear power provided 19.2 percent of and work; and MTBE, as an oxygenate in fuel, leading to the electricity produced in the United States Whereas, unhealthy air can be particularly the use of ethanol as a replacement for in 2011. The Michigan Public Service Com- dangerous for children, the elderly and peo- MTBE; and mission estimates that 22 percent of the elec- ple with chronic diseases, including the more Whereas, only reformulated gasoline is tricity generated for use in Michigan is from than 22,700 children and 92,700 adults with now available for purchase at public fuel nuclear energy; and asthma and other lung diseases, who may re- pumps and typically contains a 10 percent Whereas, Since the earliest days of nuclear quire expensive medical care on unhealthy corn ethanol blend, known as El0, and in power, the great dilemma associated with air days in the State; and June 2012 the United States Environmental this technology is how to deal with used nu- Whereas, air pollution can cause serious Protection Agency approved the sale of El5, clear fuel. This high-level radioactive waste health effects at levels once deemed safe and a mixture of 15 percent ethanol and 85 per- demands exceptional care in all facets of its almost half of the people in Maine live in cent gasoline; and storage and disposal, including its transpor- counties with fair to poor air quality; and Whereas, using the fuel blend has been pro- tation; and Whereas, for more than 4 decades the fed- moted as a method of reducing greenhouse Whereas, In 1982, Congress passed the Nu- eral Clean Air Act has protected public gas emissions and our Nation’s dependence clear Waste Policy Act of 1982. This legisla- health by reducing levels of smog, soot and on foreign oil but these claims are disputed tion requires the federal government, other air toxins; and by several automakers and others, such as through the Department of Energy, to build Whereas, the Clean Air Act is a Maine tra- AAA, which also claims EIS will damage fuel a repository for the permanent storage of dition, having been established and subse- lines and void vehicle warranties; and high-level radioactive waste from nuclear quently updated and improved under the Whereas, in addition, AAA claims that power plants. This act, which was amended leadership of Senator Edmund S. Muskie, automotive engineering experts believe that in 1987, includes a specific timetable to iden- Senator George J. Mitchell and Senator Wil- sustained use of EIS, both in newer and older tify a suitable location and to establish the liam S. Cohen; and vehicles, could cause accelerated engine waste repository. The costs for this under- Whereas, nationally the Clean Air Act has wear and failure, fuel system damage and taking are paid from a fee that is assessed on prevented an estimated 160,000 premature false ‘‘check engine’’ lights for vehicles not all nuclear energy produced; and deaths, more than 130,000 heart attacks and approved by manufacturers to use EIS; and Whereas, In accordance with the federal over 1.7 million asthma attacks in 2010 alone; Whereas, EIS also has 5 percent less energy act, customers of Michigan electric utilities and than gasoline and about 2 percent less than have paid $763 million through September 30, Whereas, reducing air pollution through El0 and therefore could ultimately cost con- 2010, into the federal Nuclear Waste Fund for the Clean Air Act will provide the United sumers more as a result of reduced fuel econ- construction of the federal nuclear waste re- States with $2 trillion in benefits and pre- omy; and pository. Every year, the total Nuclear vent 230,000 deaths in 2020; and Whereas, the production of corn ethanol is Waste Fund balance grows by approximately Whereas, it is not necessary to choose be- wasteful of fossil fuel resources and does not $750 million in direct ratepayer payments; tween improving public health and helping increase energy security and with this pro- and our economy innovate and grow, as evi- duction, which uses 10 percent of all arable Whereas, There are serious concerns that denced by data showing that between 1970 land in the United States, we see increased the federal government is not complying

VerDate Mar 15 2010 07:33 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.047 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6019 with the timetables set forth in federal law. Resolved, That copies of this resolution be to the survival of the residents of rural San Every delay places our country at greater transmitted to the President of the United Juan County; risk for a catastrophe to occur. The large States Senate, the Speaker of the United Whereas, under Section 4 of the Endan- number of temporary storage sites at nu- States House of Representatives, and the gered Species Act, the secretary of the clear facilities across the country make us members of the Michigan congressional dele- United States Department of the Interior vulnerable to potential problems. The events gation. may exclude habitat from designation based since September 11, 2001, clearly illustrate on economic impact; the urgency of the need to establish a safe POM–83. A concurrent resolution adopted and permanent high-level nuclear waste re- by the Legislature of the State of Utah urg- Whereas, under the Regulatory Flexibility pository as soon as possible. The Department ing the United States Fish and Wildlife Serv- Act, the USFWS must prepare a regulator of Energy, along with the Nuclear Regu- ice to exempt or exclude private properties flexibility analysis describing the effects of latory Commission, must work diligently to in San Juan County from designation as crit- the proposed rule on small entities, includ- meet its obligation as provided by law. There ical habitat in the proposed listing of the ing small businesses, such as farm and ranch is too much at stake; Now, therefore, be it Gunnison sagegrouse under the Endangered operations, and small government jurisdic- Resolved by the Senate (the House of Rep- Species Act; to the Committee on Environ- tions; and resentatives concurring), That we urge the ment and Public Works. Whereas, Executive Order 12630, titled Gov- United States Department of Energy and the HOUSE CONCURRENT RESOLUTION NO. 7 ernmental actions and interference with con- Nuclear Regulatory Commission to fulfill Whereas, the United States Fish and Wild- stitutionally protected private property their obligation to establish a permanent re- rights, states that the USFWS must analyze pository for high-level nuclear waste; and be life Service (USFWS) has announced a pro- posal to add the Gunnison sagegrouse in the the potential implications of designating it further critical habitat in a takings assessment: Resolved, That copies of this resolution be Gunnison Basin of southwest Colorado and Now, therefore, be it transmitted to the United States Depart- southeastern Utah, specifically Grand and ment of Energy, the Nuclear Regulatory San Juan Counties in Utah, to the list of spe- Resolved, That the Legislature of the state Commission, the President of the United cies that are candidates for Endangered Spe- of Utah, the Governor concurring therein, States Senate, the Speaker of the United cies Act Protection; strongly urges the United States Fish and States House of Representatives, and the Whereas, following the USFWS’s proposal Wildlife Service to recognize and protect pri- members of the Michigan congressional dele- to list the Gunnison sagegrouse as endan- vate landowner rights and their ability to gation. gered under the Endangered Species Act, the make viable economic use of their land by agency will designate critical habitat for the exempting or excluding private properties in POM–82. A resolution adopted by the Sen- species, which contains the physical and bio- San Juan County from designation as crit- ate of the State of Michigan memorializing logical features essential to the conservation ical habitat in the proposed listing of the the Congress of the United States to enact and recovery of the species; Gunnison sagegrouse under the Endangered legislation to ensure that amounts credited Whereas, the USFWS has proposed that Species Act; and be it further to the Harbor Maintenance Trust Fund are 1,704,227 acres be designated as critical habi- Resolved, That a copy of this resolution be used solely for the dredging, infrastructure, tat in Utah and Colorado; sent to the San Juan County Commission, Whereas, in the Monticello area of San operation, and maintenance of federally-au- the Grand County Commission, the United Juan County, the USFWS is proposing that thorized ports, harbors, and waterways; to States Fish and Wildlife Service, the San 145,500 acres be designated as critical habi- the Committee on Environment and Public Juan County Chamber of Commerce, the tat; Works. Grand County Chamber of Commerce, the Whereas, of these proposed acres, 95% are SENATE RESOLUTION NO. 20 secretary of the United States Department private, 4% are Bureau of Land Management Whereas, Domestic shippers and importers of the Interior, the Bureau of Land Manage- lands, and 1% are state lands; using Great Lakes and coastal ports pay ment, and the members of Utah’s congres- Whereas, San Juan County has approxi- more than a billion dollars per year in fed- sional delegation. eral harbor maintenance taxes. Congress es- mately 5.2 million acres, making it the larg- tablished the tax to fund harbor operation est county in the state of Utah; and maintenance, particularly dredging, at Whereas, the federal government owns, POM–84. A joint resolution adopted by the these ports; and controls, or manages approximately 84% of Legislature of the State of Utah declaring Whereas, Despite a nearly $6.4 billion bal- the land base within San Juan County, with that claims of the United States Forest ance in the Harbor Maintenance Trust Fund, 2.1 million acres or 41% of that land base Service on state waters originating on public our nation’s dredging needs are not being being managed by the Bureau of Land Man- lands undermine state sovereignty; to the met. Throughout our nation and particularly agement; Committee on Environment and Public in the Great Lakes region, the lack of dredg- Whereas, the Navajo Reservation makes up Works. ing has forced shippers to operate ineffi- approximately 1.2 million acres, or 23% of HOUSE JOINT RESOLUTION NO. 14 ciently and carry lighter loads, costing them the county, while the National Park Service controls 587 acres, or 11% of the county, and millions of dollars each year; and Whereas, water is essential to life, health, the United States Forest Service manages Whereas, The Obama Administration has safety, and welfare, especially in Utah and 450,000 acres, or 9%, of San Juan County; only budgeted about half of the revenue col- throughout the West; lected through the harbor maintenance tax Whereas, the state of Utah has control for maintaining our nation’s harbors. Last over 406,000 acres, or 8%, and the Division of Whereas, in its Patient Protection and Af- year, nearly $1.6 billion were collected from State Parks manages approximately 3,000 fordable Care Act decision released June 28, shippers, but only $860 million has been allo- acres, or less than 1%, of the county; 2012, the United States Supreme Court re- cated for dredging harbors in Michigan and Whereas, private ownership makes up a affirmed that jurisdiction over matters that other coastal states; and fraction of the 5.2 million acres cited above ‘‘concern the lives, liberties, and properties Whereas, During the current turbulent eco- for a total of 406,000, or just under 8%, of of the people’’ are ‘‘possessed by the States nomic conditions, we must make every effort county land ownership; but not the Federal Government’’; to support economic activity by maintaining Whereas, according to the 2007 Census of Whereas, in the exercise of its jurisdiction the infrastructure necessary for commerce. Agriculture, San Juan County has 758 farms over water resources within the state, the In essentially using harbor maintenance and ranches covering 1,546,914 acres, includ- state of Utah has long established the rec- taxes placed in the Harbor Maintenance ing private, state, and federal lands, for an ognition of water rights to ‘‘first in time’’ Trust Fund to finance and balance other por- average farm and ranch size of 2,041 acres; users of the water who can demonstrate the tions of the federal budget, we are breaking Whereas, according to the same census, ability to put the water to ‘‘beneficial use’’; our promise to the shippers paying the tax San Juan County farmers and ranchers Whereas, in short, ‘‘beneficial use’’ means and hurting our nation’s economic recovery; raised and sold $10,299,000 in crop and live- water use that includes domestic use, irriga- and stock commodities; tion, stock watering, manufacturing, min- Whereas, Current congressional legislation Whereas, the proposed area of critical habi- ing, hydropower, municipal use, aquaculture, (H.R. 335 and S. 218) would ensure that har- tat designation has a high potential for oil recreation, and fish and wildlife, among oth- bor maintenance taxes are only used for and gas development, and private landowners ers; their intended purpose to maintain our na- have leased their mineral rights for millions tion’s harbors: Now, therefore, be it of dollars; Whereas, in disregard for and disrespect of Resolved by the Senate, That we memori- Whereas, the result of the proposed listing the long-established state jurisdiction over alize the Congress of the United States to of the Gunnison sagegrouse and the accom- water resources, the federal government, enact legislation to ensure that amounts panying designation of critical habitat will principally by and through the United States credited to the Harbor Maintenance Trust negatively impact approximately 35% of the Forest Service (USFS), has engaged in a per- Fund are used solely for the dredging, infra- private property base in the Monticello area sistent pattern and course of conduct to structure, operation, and maintenance of of San Juan County, potentially jeopardizing exert control and influence over water re- federally-authorized ports, harbors, and wa- these landowners’ ability to generate mil- sources within the state and throughout the terways; and be it further lions of dollars in products and jobs critical West;

VerDate Mar 15 2010 07:33 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.038 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6020 CONGRESSIONAL RECORD — SENATE July 29, 2013 Whereas, various federal agencies are act- tracted litigation, the Joyce Livestock Com- and maintaining a livestock permittee’s ing to negatively impact the water resources pany proved its water rights to have been in water rights, all improvements are claimed of Utah and other western states by unilater- place since 1898. The district court found no as the property of the United States, even ally and substantially reducing the number evidence that the United States had appro- when the investments are made by indi- of grazing permits and severely restricting priated any water by grazing livestock. Upon vidual livestock permittees to allow the per- timber harvesting; appeal, in Joyce Livestock Company vs. mittees to put their livestock watering Whereas, these federal policies, which United States, the Idaho Supreme Court rights to beneficial use as prescribed under overly restrict timber harvesting and graz- unanimously held that the United States did state law; ing, build up dangerous wildfire fuel loads not actually apply the water to beneficial Whereas, the USFS has used pressure tac- and result in inordinate water absorption for use under the constitutional method of ap- tics to gain control of livestock water rights unhealthy vegetation densities; propriation and, therefore, had no water by seeking change applications from the per- Whereas, these federal agencies are also right. mittees or joint ownership in water with the threatening to not renew often long-held 6. USFS efforts to exert control over the federal agency; grazing permits unless the permittee signs a water rights of Colorado’s ski industry were Whereas, the USFS has threatened to not water right change application over to the recently delayed on procedural grounds in a allow livestock permittees onto its Forest federal agency, closing roads and access to lawsuit brought by the ski industry. The Service grazing allotments until permittees water resources, diminishing water recre- USFS, through a new policy clause in the comply with the request; ation opportunities, and imposing onerous land use permitting process, seeks to require Whereas, pre-existing water rights for live- permit requirements; ski industry interests to provide joint owner- stock permittees on federal lands are pro- Whereas, some specific examples of the dis- ship of state water rights, relinquish water tected in both the 1934 Taylor Grazing Act regard for and disrespect of state jurisdiction rights held jointly with the federal govern- and the 1976 Federal Land Policy and Man- over water resources by federal agencies in- ment if the use permit is terminated, and agement Act; clude: grant ‘‘limited’’ power of attorney to the Whereas, these actions by federal agencies 1. In the spring of 2012, agents of the USFS United States to execute documents per- infringe on recognized state jurisdiction and coerced Tooele County livestock producers taining to jointly held water rights with the sovereignty, state law, and water rights es- to sign change applications on private live- promise that the ski industry will waive any tablished through historic livestock water- stock water rights under compulsion of pro- claim against the United States for com- ing on public lands, and Utah’s beneficial use hibiting the livestock producers from turn- pensation of water rights lost as a result of doctrine; ing out their cattle onto their Forest Service the new permit language. Whereas, it is the apparent intention of the allotment if the producers did not comply Whereas, John Dickinson, one of the federal government to further expand its with the federal agency demand. Founding Fathers of this nation, warned, ‘‘It water holdings in the West, including Utah, 2. Near Scipio, the USFS based its dili- will be their own faults, if the several states through the USFS as provided in 16 U.S.C. gence claim filings on use by nineteenth cen- suffer the federal sovereignty to interfere in Sec. 526, which states, ‘‘There are authorized tury settlers and then used the filings, and the things of their respective jurisdictions’’; to be appropriated for expenditure by the the threat of protracted litigation, to dis- Whereas, the United States Supreme Court Forest Service such sums as may be nec- possess direct descendants of the settlers also highlighted a vital role of states’ au- essary for the investigation and establish- thority in relation to protecting the liberty from their legitimate water rights. ment of water rights, including the purchase and property of their citizens by curbing fed- 3. For many years, the United States For- thereof or of lands or interests in lands or eral government overreach, stating, ‘‘The est Service and the Bureau of Land Manage- rights-of-way for use and protection of water Independent power of the States also serves ment actively sought to reduce or eliminate rights necessary or beneficial in connection as a check on the power of the Federal Gov- the livestock and watering rights of a Ne- with the administration and public use of ernment: ‘By denying any one government vada rancher. This action resulted in pro- the national forests’’; complete jurisdiction over all the concerns tracted litigation before United States Dis- Whereas, the United States, by and of public life, federalism protects the liberty trict Court Judge Robert C. Jones, which through its various agencies and depart- concluded in the 2012 criminal convictions of of the individual from arbitrary power’ ’’; Whereas, in its recent Patient Protection ments, appears intent upon undermining, or two public servants employed by the USFS at the very least disregarding, state sov- and the Bureau of Land Management. Both and Affordable Care Act decision, the United States Supreme Court further admonished ereignty and jurisdiction over water rights public servants were found guilty of con- and resources, as outlined in the USFS Inter- tempt of court and witness intimidation states of their jurisdiction to protect mat- ters of health, safety, and welfare, such as mountain Region Guidance Document, which charges. At trial, the regional forester in states, ‘‘until the court issues a decree ac- charge of Utah was found to have lied to the the critical life-sustaining issue of water in the West, stating, ‘‘Our cases refer to this cepting these claims, it is not known wheth- court when asked about the agency’s general power of governing, possessed by the er these claims will be recognized as water antigrazing plan, which sought to eliminate States but not by the Federal Government, rights’’; cattle grazing on public lands. as the ‘police power.’ . . . Because the police Whereas, in seeking to expand the federal 4. From 2011 to the present, federal agents government’s interest in the Utah water have barred city of Tombstone officials from power is controlled by 50 different states in- stead of one national sovereign, the facets of rights portfolio and exert greater control accessing their water resources established over the natural resources of the state, the in the Huachuca Mountains as early as 1881, governing that touch on citizens’ daily lives are normally administered by smaller gov- USFS has filed more than 16,000 water rights which were washed out by monsoon rains on ernments closer to the governed. The Fram- claims of ownership on livestock watering the heels of devastating wildfires exacer- ers thus ensured that powers which ‘in the rights located across the state; bated by unmitigated fuel loads. Local offi- ordinary course of affairs, concern the lives, Whereas, water rights claimed by the cials were at first denied access to repair liberties, and properties of the people’ were United States, based on its control of public their water lines, but were then allowed by held by governments more local and more lands, coupled with the Bureau of Land Man- USFS agents to only use ‘‘horses and hand accountable than a distant federal bureauc- agement’s comprehensive management of tools’’ to ascend the mountain on foot in an racy’’; public lands under the Taylor Grazing Act, obviously futile attempt to restore their Whereas, after recounting these funda- do not constitute the application of the water services. In attempting to ascend the mental principles and the states’ inherent water right to beneficial use under Utah’s road they had used for decades to repair powers as ‘‘separate and independent constitutional method of water appropria- their water resources with modern machin- sovereigns,’’ the United States Supreme tion and beneficial use; ery, Tombstone officials were met by armed Court admonished, ‘‘In the typical case we Whereas, these waters are the property of Forest Service agents and turned back at the look to the States to defend their preroga- the citizens of the state of Utah under its threat of arrest and confiscation of expen- tives by adopting ‘the simple expedient of constitution, and the control falls under the sive, rented heavy machinery. The city of not yielding’ to federal blandishments when stewardship and jurisdiction of the Utah Tombstone is now engaged in protracted liti- they do not want to embrace the federal poli- State Legislature; gation with the federal government over its cies as their own. The States are separate Whereas, it is recognized and understood water resources and has been reduced to and independent sovereigns. Sometimes they that the United States cannot obtain sov- using arsenic-laced wells that lack the pres- have to act like it’’; ereign water rights, nor can it obtain his- sure and capacity to withstand any serious Whereas, the USFS Intermountain Region toric livestock water rights established on fire danger to the wooden town in the middle Guidance Document states that the federal public lands, through federal laws; of a desert in the middle of a drought. government will not invest in livestock Whereas, the consequence of allowing the 5. The United States Forest Service filed water improvements, ‘‘nor,’’ according to the federal government to exceed its authority suit in Idaho against the Joyce Livestock Intermountain Region Director, ‘‘will the over water rights is clearly illustrated by Company, arguing the livestock water rights agency authorize water improvements to be the great difficulty in getting the federal were the property of the United States, constructed or reconstructed with private government to acknowledge its encroach- based on federal ownership and control of the funds where the right is held solely by the ment and relinquish its hold on that which public lands coupled with the Bureau of Land livestock owner’’; the states should have by right; Management’s oversight of the public lands Whereas, when the USFS allows improve- Whereas, it is the sovereign right of the under the Taylor Grazing Act. Through pro- ments, including developing, redeveloping, state of Utah, the second most arid state in

VerDate Mar 15 2010 07:33 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.052 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6021 the nation, to exercise its obligation to pro- limits of which currently force low-income an average of two thousand eight hundred tect the scarce water resources within its persons into the difficult decision of whether thirty dollars more for single coverage and borders for the health, safety, and welfare of to spend what resources they may have down an average of six thousand eight hundred its citizens; and to two thousand dollars in most cases in thirty-six dollars more for family coverage; Whereas, to do otherwise would be an abro- order to become eligible for needed assist- and gation of the Legislature’s constitutional re- ance; and Whereas, it has been further estimated sponsibility and obligation on behalf of the Whereas, the ABLE Act includes a fiscal that a Medicare policyholder in Louisiana citizens of Utah, would weaken state author- safeguard for states by providing that if the will pay on average four thousand one hun- ity, and would relinquish to the federal gov- ABLE account beneficiary dies or their dis- dred eleven dollars more for coverage, all ernment more control over the water, nat- ability ceases and assets remain in the ac- within the same time period; and ural resources, and lands contained within count, the assets will be distributed first to Whereas, estimates additionally indicate the borders of Utah: Now, therefore, be it any state Medicaid plan that provided assist- that the health insurance tax will also im- Resolved, That the Legislature of the state ance to the person; and pact the national economy over the next ten of Utah affirms the rights established in the Whereas, as evidenced by the party affili- years by reducing future private sector jobs Utah Constitution related to the citizens’ ations of its seventy-eight original cospon- by as much as one hundred twenty-five thou- water and Utah’s sovereign ownership, juris- sors being almost perfectly balanced, the sand, with approximately fifty-nine percent diction, and control over its water; and be it ABLE Act legislation enjoys broad bipar- for small businesses, and reducing potential further tisan support; and sales by at least eighteen billion dollars, Resolved, That the Legislature of the state Whereas, the ABLE Act embodies sound with approximately fifty percent for small of Utah declares that 191 the actions related economic policy by encouraging savings and businesses; and to United States Forest Service claims on asset building; and by providing that every state waters originating on public lands un- citizen living with a disability has the oppor- Whereas, higher premiums are a disincen- dermines state sovereignty and jurisdiction tunity to attain independence and an im- tive for everyone to obtain insurance cov- and demands action by the state of Utah to proved quality of life, promotes important erage, particularly younger, healthier peo- protect its sovereign, recognized water own- values that our nation holds dear: Now, ple, who are likely to drop their policies if ership and rights on behalf of the citizens of therefore, be it they become too expensive, further eroding Utah; and be it further Resolved, That the Legislature of Louisiana the risk pool and making coverage even less Resolved, That the Legislature of the state does hereby memorialize the United States affordable: Now, therefore, be it of Utah calls on state, county, and local gov- Congress to take such actions as are nec- Resolved, That the Legislature of Louisiana ernments to protect, preserve, and defend essary to pass the ABLE Act; and be it fur- does hereby memorialize the United States their jurisdiction and exercise their con- ther Congress to take such actions as are nec- stitutional obligation to protect the health, Resolved, That a copy of this Resolution be essary to repeal Section 9010 of the Patient safety, and welfare of the citizens of the transmitted to the presiding officers of the Protection and Affordable Care Act (PL. 111– state of Utah, particularly in defending and Senate and the House of Representatives of 148), as amended by Section 10905 of that Act maintaining jurisdiction over the water re- the Congress of the United States of America and Section 1406 of the Health Care and Edu- sources of this state; and be it further and to each member of the Louisiana con- cation Reconciliation Act (P.L. 111–152), Resolved, That a copy of this resolution be gressional delegation. which imposes a health insurance tax, in sent to the United States Department of the order to make health care more affordable Interior, the United States Forest Service, POM–86. A concurrent resolution adopted for working families, individuals, and busi- the United States Department of Agri- by the Legislature of the State of Louisiana nesses; and be it further. culture, the Bureau of Land Management, memorializing the United States Congress to Resolved, That a copy of this Resolution be the Utah Department of Natural Resources, take such actions as are necessary to repeal transmitted to the presiding officers of the each county commission in the state of that portion of the federal health care re- Senate and the House of Representatives of Utah, each municipality in the state of Utah, form legislation which imposes a health in- the Congress of the United States of America and the members of Utah’s congressional del- surance tax; to the Committee on Finance. and to each member of the Louisiana con- egation. HOUSE CONCURRENT RESOLUTION NO. 53 gressional delegation. Whereas, beginning in 2014, Section 9010 of POM–85. A concurrent resolution adopted the Patient Protection and Affordable Care POM–87. A concurrent resolution adopted by the Legislature of the State of Louisiana Act (P.L. 111–148), as amended by Section by the Legislature of the State of Louisiana memorializing the United States Congress to 10905 of that Act and Section 1406 of the memorializing the Congress of the United take such actions as are necessary to pass Health Care and Education Reconciliation States to review and consider eliminating the ABLE Act; to the Committee on Fi- Act (P.L. 111–152), will impose an unprece- provisions of federal law which reduce Social nance. dented new tax on health insurance that nu- Security benefits for those receiving benefits HOUSE CONCURRENT RESOLUTION NO. 54 merous policy experts agree will be passed on from federal, state, or local government re- Whereas, the Achieving a Better Life Expe- to individuals, working families, employers, tirement or pension systems, plans, or funds; rience Act, also known as the ABLE Act, has and seniors, contradicting a primary goal of to the Committee on Finance. been introduced as S. 313 and H.R. 647 in the health care reform by making health care One Hundred Thirteenth United States Con- more expensive; and HOUSE CONCURRENT RESOLUTION NO. 40 gress; and Whereas, Congressman Charles Boustany Whereas, the Congress of the United States Whereas, the ABLE Act would create tax- (R-LA) and Congressman Jim Matheson (D- of America has enacted both the Government advantaged savings accounts known as UT) have already sponsored bipartisan legis- Pension Offset (GPO), reducing the spousal ‘‘ABLE accounts’’ for persons with disabil- lation, H.R.763 of the First Session of the and survivor Social Security benefit, and the ities and provide that funds may be with- 113th Congress, in the United States House of Windfall Elimination Provision (WEP), re- drawn from such accounts to cover costs of Representatives, to repeal Section 9010 of the ducing the earned Social Security benefit for health care, employment support, housing, Patient Protection and Affordable Care Act any person who also receives a public pen- transportation, assistive technology, and which imposes an annual fee on health insur- sion benefit; and lifelong education for those persons; and ance providers; and Whereas, Congress enacted these reduction Whereas, ABLE accounts would be subject Whereas, similar legislation, S. 603 of the provisions to provide a disincentive for pub- to the same tax treatment as the popular First Session of the 113th Congress, has also lic employees to receive two pensions; and been introduced in the United States Senate education savings accounts commonly called Whereas, the GPO negatively affects a by Senator John Barrasso (R-WY); and ‘‘529 plans’’, as they would be created in the spouse or survivor receiving a federal, state, Whereas, it has been estimated that the same section (Section 529) of the Internal or local government retirement or pension health insurance tax will cause premiums on Revenue Code; and benefit who would also be entitled to a So- Whereas, the ABLE Act would create a the individual market to rise an average of cial Security benefit earned by a spouse; and powerful incentive for individuals and fami- two thousand one hundred fifty dollars for lies to save private funds for the purpose of individuals and an average of five thousand Whereas, the GPO formula reduces the supporting persons with disabilities in main- eighty dollars for families nationally over a spousal or survivor Social Security benefit taining health, independence, and quality of ten-year period; and by two-thirds of the amount of the federal, life; and Whereas, it has also been estimated that, state, or local government retirement or Whereas, a vital component of the ABLE in Louisiana over the next ten years, an indi- pension benefit received by the spouse or Act is a provision which stipulates that vidual will pay an average of two thousand survivor, in many cases completely elimi- funds held in an ABLE account do not count one hundred twenty-eight dollars more for nating the Social Security benefit even toward any maximum limit on a person’s as- single coverage and an average of four thou- though their spouses paid Social Security sets upon which eligibility for a means-test- sand five hundred twelve dollars more for taxes for many years; and ed federal program may be contingent; and family coverage, a small group employer will Whereas, the GPO often reduces spousal Whereas, savings in an ABLE account pay an average of two thousand five hundred benefits so significantly it makes the dif- would thereby not jeopardize a person’s eligi- eighty-nine dollars more for single coverage ference between self-sufficiency and poverty; bility for programs such as Medicaid and the and an average of six thousand three hun- and Supplemental Nutrition Assistance Program dred ninety-one dollars more for family cov- Whereas, the GPO has a harsh effect on (formerly known as food stamps), the asset erage, and a large group employer will pay thousands of citizens and undermines the

VerDate Mar 15 2010 07:42 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.054 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6022 CONGRESSIONAL RECORD — SENATE July 29, 2013 original purpose of the Social Security de- States Trade Representative regarding the and agreements not yet under negotiation; pendent/survivor benefit; and use of trade promotion authority in inter- and be it further Whereas, the WEP applies to those persons national trade policy; to the Committee on Resolved, That We, your Memorialists, re- who have earned federal, state, or local gov- Finance. spectfully urge and request that the Presi- ernment retirement or pension benefits, in JOINT RESOLUTION dent of the United States, the United States addition to working in employment covered Congress and the United States Trade Rep- Whereas, the State strongly supports under Social Security and paying into the resentative seek to develop a new middle international trade when fair rules of trade Social Security system; and ground approach to consultation that meets are in place and seeks to be an active partici- Whereas, the WEP reduces the earned So- the constitutional requirements for treaty pant in the global economy, and the State cial Security benefit using an averaged in- review and approval while at the same time seeks to maximize the benefits and minimize dexed monthly earnings formula and may re- allowing the United States Trade Represent- any negative effects of international trade; duce Social Security benefits for affected ative adequate flexibility to negotiate the and persons by as much as one-half of the retire- increasingly complicated provisions of inter- Whereas, existing trade agreements have ment benefit earned as a public servant in national trade treaties; and be it further effects that extend significantly beyond the employment not covered under Social Secu- Resolved, That We, your Memorialists, re- bounds of traditional trade matters, such as rity; and spectfully urge and request that the Presi- Whereas, the WEP causes hardworking in- tariffs and quotas, and can undermine dent of the United States, the United States dividuals to lose a significant portion of the Maine’s constitutionally guaranteed author- Congress and the United States Trade Rep- Social Security benefits that they earn ity to protect the public health, safety and resentative seek a meaningful consultation themselves; and welfare and its regulatory authority; and system that increases transparency, pro- Whereas, in certain circumstances both the Whereas, a succession of federal trade ne- motes information sharing, allows for timely WEP and GPO can be applied to a qualifying gotiators from both political parties over the and frequent consultations, provides state- survivor’s benefit, each independently reduc- years have failed to operate in a transparent level trade data analysis, provides legal ing the available benefit and in combination manner and have failed to meaningfully con- analysis for states on the effect of trade on eliminating a large portion of the total So- sult with the State on the far-reaching effect state laws, increases public participation and cial Security benefit available to the sur- of trade agreements on state and local laws, acknowledges and respects each state’s sov- vivor; and even when obligating the State to comply ereignty; and be it further Whereas, because of the calculation char- with the terms of these agreements; and Resolved, That We, your Memorialists, re- acteristics of the GPO and the WEP, they Whereas, Article II, Section 2 of the United spectfully urge and request that each in- have a disproportionately negative effect on States Constitution empowers the President stance in which trade promotion authority is employees working in lower-wage govern- of the United States ‘‘. . . by and with the authorized by the United States Congress be ment jobs, like policemen, firefighters, advice and consent of the Senate, to make limited to a specific trade agreement to help teachers, and state employees; and treaties, provided two thirds of Senators ensure the adequate review and approval of Whereas, Louisiana is making every effort present concur . . .’’; and each international trade treaty; and be it to improve the quality of life of its citizens Whereas, the trade promotion authority further and to encourage them to live here lifelong, implemented by the United States Congress Resolved, That suitable copies of this reso- yet the current GPO and WEP provisions and the President of the United States with lution, duly authenticated by the Secretary compromise their quality of life; and regard to international trade and investment of State, be transmitted to the Honorable Whereas, individuals drastically affected treaties and agreements entered into over Barack H. Obama, President of the United by the GPO or WEP may have no choice but the past several years, commonly known as States, to the President of the United States to return to work after retirement in order fast-track negotiating authority, does not Senate, to the Speaker of the United States to make ends meet, but the earnings accu- adequately provide for the constitutionally House of Representatives, to the United mulated during this return to work can fur- required review and approval of treaties; and States Trade Representative and to each ther reduce the Social Security benefits the Whereas, the United States Trade Rep- Member of the Maine Congressional Delega- individual is entitled to; and resentative, at the direction of the President tion. Whereas, retired individuals affected by of the United States, is currently negoti- both GPO and WEP have significantly less ating or planning to enter into negotiations POM–89. A joint resolution adopted by the money to support their basic needs and for several multilateral trade and invest- Legislature of the State of California urging sometimes have to turn to government as- ment treaties, including the Trans-Pacific the President and the Congress of the United sistance programs; and Partnership Agreement and the Trans-Atlan- States to exclude social security, Medicare, Whereas, the GPO and the WEP penalize tic Trade and Investment Partnership; and and Medicaid from being a part of any legis- individuals who have dedicated their lives to Whereas, proposals are under consideration lation to reduce the federal deficit; to the public service by taking away benefits they to review these and future trade and invest- Committee on Finance. ment agreements pursuant to a fast-track have earned; and ASSEMBLY JOINT RESOLUTION NO. 7 model; and Whereas, our nation should respect, not pe- Whereas, Social security and Medicare are Whereas, the current process of consulta- nalize, public servants; and the foundations of income and health secu- tion with states by the Federal Government Whereas, the number of people affected by rity for older Californians and those with se- on trade policy fails to provide a way for GPO and WEP is growing every day as more vere work disabilities, providing monthly states to meaningfully participate in the de- and more people reach retirement age; and cash benefits and health insurance to over 5 Whereas, the GPO and WEP are established velopment of trade policy, despite the fact million Californians, including 3.4 million re- in federal law, and repeal of the GPO and the that trade rules could undermine state sov- tirees and nearly 700,000 disabled workers; WEP can only be enacted by Congress: Now, ereignty; and and Whereas, under current trade rules, states therefore, be it Whereas, Social security is the single most have not had channels for meaningful com- Resolved, That the Legislature of Louisiana important source of life insurance protection munication with the United States Trade does hereby memorialize the Congress of the for California’s children and provides a vital Representative, as both the Intergovern- United States of America to review the Gov- guaranteed income to 370,000 children mental Policy Advisory Committee on Trade ernment Pension Offset and the Windfall throughout the state; and Elimination Provision Social Security ben- and the state point of contact system have Whereas, Social security prevents more efit reductions and to consider eliminating proven insufficient to allow input from than 1.1 million Californians from living in or reducing them; and be it further states, and states do not always seem to be poverty; and Resolved, That the Legislature of Louisiana considered as a partner in government; and Whereas, Social security provides benefits does hereby memorialize Congress, in the al- Whereas, the President of the United to more than 9 million veterans nationwide, ternative, to repeal the Government Pension States, the United States Trade Representa- which is roughly four out of 10 veterans; and Offset and to consider applying the less tive and the Maine Congressional Delegation Whereas, Social security annually contrib- stringent Windfall Elimination Provision to will have a role in shaping future trade pol- utes nearly $67 billion dollars to California’s spousal and survivor benefits; and be it fur- icy legislation: Now, therefore, be it economy by paying benefits to over 5.1 mil- ther Resolved, That We, your Memorialists, re- lion residents in the state; and Resolved, That a copy of this Resolution be spectfully urge and request that future trade Whereas, Social security’s funding is inde- transmitted to the presiding officers of the policy include reforms to improve the proc- pendent of that of the rest of the federal gov- Senate and the House of Representatives of ess of consultation both between the Execu- ernment, and has never contributed to, and the Congress of the United States of America tive Branch and Congress and between the by law can never contribute to, the federal and to each member of the Louisiana con- Federal Government and the states; and be it deficit; and gressional delegation. further Whereas, Social security in fact has a sur- Resolved, That We, your Memorialists, re- plus of $2.7 trillion dollars today that is ex- POM–88. A joint resolution adopted by the spectfully urge and request that the fast- pected to grow to $3.1 trillion dollars by 2020; Legislature of the State of Maine memori- track model of consultation and approval of and alizing the President of the United States, international treaties and agreements be re- Whereas, Social security is not in crisis the United States Congress and the United jected with respect to pending agreements and has sufficient resources to meet all of its

VerDate Mar 15 2010 07:33 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.056 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6023 obligations through 2032 and has dedicated clude social security, Medicare, and Med- By Mrs. GILLIBRAND (for herself, Mr. revenues that would—even in the absence of icaid from being a part of any legislation to SCHUMER, Mr. MURPHY, Mr. Congressional reforms—meet three-quarters reduce the federal deficit; and be it further BLUMENTHAL, and Mr. MERKLEY): of promised benefits thereafter; and Resolved, That the California State Legis- S. 1384. A bill to help ensure that all items Whereas, Social security’s funding short- lature opposes cuts to social security, Medi- offered for sale in any gift shop of the Na- fall after 2032 is modest: about one-half of care and Medicaid, and calls on our state’s tional Park Service or of the National Ar- the cost of the Bush tax cuts of 2001 and 2003; representatives in Washington, D.C. to vote chives and Records Administration are pro- and against any cuts and consider improving duced in the United States, and for other Whereas, There are many policy options those systems in ways that will strengthen purposes; to the Committee on Energy and available to close social security’s funding their protections; and be it further Natural Resources. shortfall without cutting benefits, including Resolved, That the Chief Clerk of the As- f eliminating the cap on earnings subject to sembly transmit copies of this resolution to the payroll tax, which would eliminate about the President and Vice President of the ADDITIONAL COSPONSORS 80 percent of the 75-year shortfall, or raising United States, to the Speaker of the House S. 314 the payroll tax rate from 6.2 to 7.2 percent of Representatives, to the Majority Leader of At the request of Mr. LEAHY, his gradually over 20 years, which would elimi- the Senate, and to each Senator and Rep- name was added as a cosponsor of S. nate one-half of the shortfall; and resentative from California in the Congress Whereas, Americans prefer raising payroll of the United States. 314, a bill to amend the Public Health Service Act to improve the health of taxes to cutting social security benefits by a f margin of 53 percent to 36 percent; and children and help better understand Whereas, Social security’s modest but vital REPORTS OF COMMITTEES and enhance awareness about unex- benefits, averaging just $12,930 per year in The following reports of committees pected sudden death in early life. California, are critical to the economic secu- were submitted: S. 338 rity of those who receive those benefits; and At the request of Mr. BAUCUS, the Whereas, Losses of pensions, 401(k) bal- By Mr. JOHNSON, of South Dakota, from ances, home equity, and earnings have great- the Committee on Banking, Housing, and name of the Senator from New York ly diminished the retirement income pros- Urban Affairs, with an amendment in the na- (Mr. SCHUMER) was added as a cospon- pects of Californians; and ture of a substitute: sor of S. 338, a bill to amend the Land Whereas, The social security benefit cuts S. 534. A bill to reform the National Asso- and Water Conservation Fund Act of imposed in 1983 will, when fully phased in, ciation of Registered Agents and Brokers, 1965 to provide consistent and reliable cut benefits by roughly 25 percent; and and for other purposes (Rept. No. 113–82). authority for, and for the funding of, Whereas, Forty-seven percent of elderly By Mr. WYDEN, from the Committee on Energy and Natural Resources, with an the land and water conservation fund Californians are struggling just to make to maximize the effectiveness of the ends meet and more than one-half of working amendment in the nature of a substitute: Californians will not have saved enough to S. 783. A bill to amend the Helium Act to fund for future generations, and for be able to maintain their standard of living improve helium stewardship, and for other other purposes. in retirement; and purposes (Rept. No. 113–83). S. 360 Whereas, Proposals to increase the social f At the request of Mr. UDALL of New security retirement age to 69 would cut bene- INTRODUCTION OF BILLS AND Mexico, the name of the Senator from fits by an additional 13 percent on top of the California (Mrs. FEINSTEIN) was added JOINT RESOLUTIONS 13 percent cut that occurred when the retire- as a cosponsor of S. 360, a bill to amend ment age increased from 65 to 67; and The following bills and joint resolu- Whereas, The physical demands of a job the Public Lands Corps Act of 1993 to tions were introduced, read the first expand the authorization of the Secre- differ from industry to industry and, on av- and second times by unanimous con- erage, the longevity of the lives of individ- taries of Agriculture, Commerce, and uals differ significantly according to their sent, and referred as indicated: the Interior to provide service opportu- level of income, education, race, and access By Mr. HELLER: nities for young Americans; help re- to health care; and S. 1379. A bill to amend the Communica- store the nation’s natural, cultural, Whereas, Social security belongs to the tions Act of 1934 to consolidate the reporting historic, archaeological, recreational obligations of the Federal Communications people who have worked hard all their lives and scenic resources; train a new gen- and contributed to the program, and it is Commission in order to improve congres- based on a promise that if you pay in, you sional oversight and reduce reporting bur- eration of public land managers and en- and your family can collect your money dens; to the Committee on Commerce, thusiasts; and promote the value of when you retire, experience a severe dis- Science, and Transportation. public service. ability, or die; and By Mr. INHOFE: S. 411 Whereas, Medicare insures almost 4 mil- S. 1380. A bill to direct the Secretary of At the request of Mr. ROCKEFELLER, lion California seniors for health care at a Transportation to ensure that on-duty time the names of the Senator from Penn- fraction of the administrative costs of pri- does not include waiting time at a natural sylvania (Mr. CASEY) and the Senator vate plans; and gas or oil well site for certain commercial Whereas, Medicare has controlled its costs motor vehicle operators, and for other pur- from New York (Mrs. GILLIBRAND) were better than private insurance plans; and poses; to the Committee on Commerce, added as cosponsors of S. 411, a bill to Whereas, Although increasing the eligi- Science, and Transportation. amend the Internal Revenue Code of bility age for Medicare would save the fed- By Mr. BLUMENTHAL (for himself, 1986 to extend and modify the railroad eral government some money, it would add Mr. SANDERS, and Mr. BROWN): track maintenance credit. billions of dollars to what we as a country S. 1381. A bill to amend the Lacey Act S. 425 spend on health care and shift costs onto Amendments of 1981 to clarify provisions en- At the request of Ms. STABENOW, the other governmental entities, businesses, and acted by the Captive Wildlife Safety Act, to many individuals who cannot afford those further the conservation of certain wildlife name of the Senator from Connecticut costs; and species, and for other purposes; to the Com- (Mr. BLUMENTHAL) was added as a co- Whereas, Medicaid is a critical source of mittee on Environment and Public Works. sponsor of S. 425, a bill to amend title protection for over 11 million low-income By Mr. CARPER (for himself, Mr. XI of the Social Security Act to im- children, adults, and elderly Californians, COBURN, Mr. PRYOR, Mr. BEGICH, Mr. prove the quality, health outcomes, many of whom have severe disabilities or are TESTER, and Mr. PORTMAN): and value of maternity care under the in need of long-term care; and S. 1382. A bill to require the Federal Gov- Medicaid and CHIP programs by devel- Whereas, Our social security, Medicare, ernment to expedite the sale of underutilized oping maternity care quality measures and Medicaid systems are fundamental to Federal real property; to the Committee on protecting against risks to which all Califor- Environment and Public Works. and supporting maternity care quality nians are subject; and By Mr. BLUMENTHAL (for himself, collaboratives. Whereas, Our social security, Medicare, Mrs. GILLIBRAND, and Mr. MURPHY): S. 429 and Medicaid systems give expression to S. 1383. A bill to provide subsidized employ- At the request of Mr. NELSON, the widely held values, including caring for our ment for unemployed, low-income adults, name of the Senator from Pennsyl- families, our neighbors, and ourselves, per- provide summer employment and year-round vania (Mr. CASEY) was added as a co- sonal responsibility, hard work, and dignity: employment opportunities for low-income sponsor of S. 429, a bill to enable con- Now, therefore, be it youth, and carry out work-related and edu- Resolved by the Assembly and the Senate of cational strategies and activities of dem- crete masonry products manufacturers the State of California, jointly, That the Cali- onstrated effectiveness, and for other pur- to establish, finance, and carry out a fornia State Legislature urges the President poses; to the Committee on Health, Edu- coordinated program of research, edu- and the Congress of the United States to ex- cation, Labor, and Pensions. cation, and promotion to improve,

VerDate Mar 15 2010 07:33 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.058 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6024 CONGRESSIONAL RECORD — SENATE July 29, 2013 maintain, and develop markets for con- retary of Health and Human Services BEGICH) was added as a cosponsor of S. crete masonry products. replacing ICD–9 with ICD–10 in imple- 1320, a bill to establish a tiered hiring S. 488 menting the HIPAA code set standards. preference for members of the reserve At the request of Ms. STABENOW, the S. 1038 components of the armed forces. name of the Senator from Michigan At the request of Mr. CARDIN, the S. 1341 (Mr. LEVIN) was added as a cosponsor of name of the Senator from Connecticut At the request of Mr. TESTER, the S. 488, a bill to provide for a program of (Mr. MURPHY) was added as a cosponsor name of the Senator from Idaho (Mr. research, development, demonstration, of S. 1038, a bill to eliminate racial RISCH) was added as a cosponsor of S. and commercial application in vehicle profiling by law enforcement, and for 1341, a bill to modify the Forest Service technologies at the Department of En- other purposes. Recreation Residence Program as the ergy. S. 1066 program applies to units of the Na- S. 489 At the request of Mrs. GILLIBRAND, tional Forest System derived from the At the request of Mr. THUNE, the the name of the Senator from Con- public domain by implementing a sim- name of the Senator from Arizona (Mr. necticut (Mr. BLUMENTHAL) was added ple, equitable, and predictable proce- MCCAIN) was added as a cosponsor of S. as a cosponsor of S. 1066, a bill to allow dure for determining cabin user fees, 489, a bill to amend the Tariff Act of certain student loan borrowers to refi- and for other purposes. 1930 to increase and adjust for inflation nance Federal student loans. S. 1360 the maximum value of articles that S. 1072 At the request of Mr. CARPER, the may be imported duty-free by one per- At the request of Ms. KLOBUCHAR, the names of the Senator from Montana son on one day, and for other purposes. name of the Senator from Florida (Mr. (Mr. TESTER) and the Senator from S. 491 NELSON) was added as a cosponsor of S. Missouri (Mrs. MCCASKILL) were added At the request of Mr. UDALL of New 1072, a bill to ensure that the Federal as cosponsors of S. 1360, a bill to amend Mexico, the name of the Senator from Aviation Administration advances the the Improper Payments Elimination New York (Mrs. GILLIBRAND) was added safety of small airplanes and the con- and Recovery Improvement Act of 2012, as a cosponsor of S. 491, a bill to amend tinued development of the general including making changes to the Do the Comprehensive Environmental Re- aviation industry, and for other pur- Not Pay initiative, for improved detec- sponse, Compensation, and Liability poses. tion, prevention, and recovery of im- Act of 1980 to modify provisions relat- S. 1158 proper payments to deceased individ- ing to grants, and for other purposes. At the request of Mr. WARNER, the uals, and for other purposes. S. 534 names of the Senator from Alaska (Mr. S. 1378 At the request of Mr. TESTER, the BEGICH), the Senator from Connecticut At the request of Mr. BLUNT, the name of the Senator from Louisiana (Mr. BLUMENTHAL), the Senator from name of the Senator from Wyoming (Ms. LANDRIEU) was added as a cospon- Michigan (Ms. STABENOW) and the Sen- (Mr. ENZI) was added as a cosponsor of sor of S. 534, a bill to reform the Na- ator from New Mexico (Mr. HEINRICH) S. 1378, a bill to amend title 5, United tional Association of Registered were added as cosponsors of S. 1158, a States Code, to provide for investiga- Agents and Brokers, and for other pur- bill to require the Secretary of the tive leave requirements with respect to poses. Treasury to mint coins commemo- Senior Executive Service employees, S. 557 rating the 100th anniversary of the es- and for other purposes. At the request of Mrs. HAGAN, the tablishment of the National Park Serv- AMENDMENT NO. 1792 name of the Senator from New Hamp- ice, and for other purposes. At the request of Mr. MURPHY, the shire (Mrs. SHAHEEN) was added as a co- S. 1181 names of the Senator from Oregon (Mr. sponsor of S. 557, a bill to amend title At the request of Mr. MENENDEZ, the WYDEN), the Senator from Minnesota XVIII of the Social Security Act to im- name of the Senator from Connecticut (Mr. FRANKEN) and the Senator from prove access to medication therapy (Mr. MURPHY) was added as a cosponsor Connecticut (Mr. BLUMENTHAL) were management under part D of the Medi- of S. 1181, a bill to amend the Internal added as cosponsors of amendment No. care program. Revenue Code of 1986 to exempt certain 1792 intended to be proposed to S. 1243, S. 621 stock of real estate investment trusts an original bill making appropriations At the request of Mr. MANCHIN, the from the tax on foreign investments in for the Departments of Transportation, name of the Senator from Minnesota United States real property interests, and Housing and Urban Development, (Ms. KLOBUCHAR) was added as a co- and for other purposes. and related agencies for the fiscal year sponsor of S. 621, a bill to amend the S. 1195 ending September 30, 2014, and for Controlled Substances Act to make At the request of Mr. BARRASSO, the other purposes. any substance containing hydrocodone name of the Senator from Nevada (Mr. f a schedule II drug. HELLER) was added as a cosponsor of S. AMENDMENTS SUBMITTED AND S. 783 1195, a bill to repeal the renewable fuel PROPOSED At the request of Mr. WYDEN, the standard. name of the Senator from Montana S. 1204 SA 1813. Mr. BROWN (for himself and Mr. PORTMAN) submitted an amendment intended (Mr. TESTER) was added as a cosponsor At the request of Mr. COBURN, the of S. 783, a bill to amend the Helium to be proposed by him to the bill S. 1243, name of the Senator from Alabama making appropriations for the Departments Act to improve helium stewardship, (Mr. SESSIONS) was withdrawn as a co- of Transportation, and Housing and Urban and for other purposes. sponsor of S. 1204, a bill to amend the Development, and related agencies for the S. 933 Patient Protection and Affordable Care fiscal year ending September 30, 2014, and for At the request of Mr. LEAHY, the Act to protect rights of conscience other purposes; which was ordered to lie on name of the Senator from Minnesota with regard to requirements for cov- the table. SA 1814. Mr. COCHRAN submitted an (Mr. FRANKEN) was added as a cospon- erage of specific items and services, to amend the Public Health Service Act amendment intended to be proposed by him sor of S. 933, a bill to amend title I of to the bill S. 1243, supra; which was ordered the Omnibus Crime Control and Safe to prohibit certain abortion-related to lie on the table. Streets Act of 1968 to extend the au- discrimination in governmental activi- SA 1815. Mr. JOHNSON of Wisconsin sub- thorization of the Bulletproof Vest ties, and for other purposes. mitted an amendment intended to be pro- Partnership Grant Program through At the request of Mr. COBURN, the posed by him to the bill S. 1243, supra; which fiscal year 2018. name of the Senator from Oklahoma was ordered to lie on the table. SA 1816. Mr. JOHNSON of Wisconsin sub- S. 972 (Mr. INHOFE) was added as a cosponsor of S. 1204, supra. mitted an amendment intended to be pro- At the request of Mr. COBURN, the posed by him to the bill S. 1243, supra; which name of the Senator from Alabama S. 1320 was ordered to lie on the table. (Mr. SESSIONS) was added as a cospon- At the request of Mr. DONNELLY, the SA 1817. Mr. INHOFE submitted an amend- sor of S. 972, a bill to prohibit the Sec- name of the Senator from Alaska (Mr. ment intended to be proposed by him to the

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At the appropriate place, insert the fol- cies for the fiscal year ending Sep- Res. 167, reaffirming the strong support of lowing: tember 30, 2014, and for other purposes; the United States for the peaceful resolution SEC. lll. which was ordered to lie on the table; of territorial, sovereignty, and jurisdictional (a) No funds made available for any fiscal as follows: disputes in the Asia-Pacific maritime do- year beginning before, on, or after the date On page 25, line 14, after ‘‘2014’’, insert ‘‘, of mains. of enactment of this Act, under this Act or which up to $100,000 shall be made available SA 1820. Mr. SANDERS submitted an any other Act, may be used by a covered to the Secretary of Transportation to en- amendment intended to be proposed by him agency to require the disclosure by a pro- courage States to prioritize vehicles defined to the bill S. 1243, making appropriations for vider of electronic communication service or in section 30D(d)(1) of the Internal Revenue the Departments of Transportation, and remote computing service of the contents of Code of 1986 and vehicles that operate solely Housing and Urban Development, and related a wire or electronic communication that is on compressed natural gas for purposes of agencies for the fiscal year ending Sep- in storage with the provider (other than a section 166(b)(5)(B) of title 23, United States tember 30, 2014, and for other purposes; which communication with respect to which the Code’’. was ordered to lie on the table. provider or an agent or employee of the pro- SA 1821. Mr. SANDERS submitted an vider is the originator, addressee, or in- SA 1818. Mr. FLAKE (for himself and amendment intended to be proposed by him tended recipient) unless the covered agency Mr. MCCAIN) submitted an amendment to the bill S. 1243, supra; which was ordered obtains a warrant issued using the proce- intended to be proposed by him to the to lie on the table. dures described in the Federal Rules of bill S. 1243, making appropriations for SA 1822. Mr. SANDERS submitted an Criminal Procedure by a court of competent the Departments of Transportation, amendment intended to be proposed by him jurisdiction directing the disclosure. to the bill S. 1243, supra; which was ordered and Housing and Urban Development, (b) For purposes of this section— to lie on the table. and related agencies for the fiscal year (1) the terms ‘‘court of competent jurisdic- f ending September 30, 2014, and for tion’’ and ‘‘remote computing service’’ have other purposes; which was ordered to TEXT OF AMENDMENTS the meaning given those terms in section 2711 of title 18, United States Code; lie on the table; as follows: SA 1813. Mr. BROWN (for himself and (2) the term ‘‘covered agency’’ means an On page 38, between lines 17 and 18, insert Mr. PORTMAN) submitted an amend- Executive agency, as defined in section 105 of the following: ment intended to be proposed by him title 5, United States Code, to which funds SEC. 1lllll. The Secretary of Trans- are made available under this Act; and portation shall submit to Congress an annual to the bill S. 1243, making appropria- report that lists the total amounts made (3) the terms ‘‘electronic communication’’, tions for the Departments of Transpor- available to carry out— ‘‘electronic communication service’’, and tation, and Housing and Urban Devel- (1) section 213 of title 23, United States ‘‘wire communication’’ have the meaning opment, and related agencies for the Code; and given those terms in section 2510 of title 18, (2) as applicable, each eligible project type fiscal year ending September 30, 2014, United States Code. and for other purposes; which was or- under that section. dered to lie on the table; as follows: SA 1816. Mr. JOHNSON of Wisconsin SA 1819. Mr. REID (for Mrs. FEIN- On page 108, line 10, after the colon insert submitted an amendment intended to STEIN) proposed an amendment to the the following: ‘‘Provided further, That no be proposed by him to the bill S. 1243, resolution S. Res. 167, reaffirming the funds made available under this Act, or any making appropriations for the Depart- strong support of the United States for other Act in any fiscal year, shall be avail- ments of Transportation, and Housing able to performance-based contract adminis- the peaceful resolution of territorial, trators that have been selected after Janu- and Urban Development, and related sovereignty, and jurisdictional disputes ary 1, 2013, through a process other than the agencies for the fiscal year ending Sep- in the Asia-Pacific maritime domains; solicitation and award of procurement con- tember 30, 2014, and for other purposes; as follows: tracts subject to full and open competition which was ordered to lie on the table; Insert after the third whereas clause of the among public housing agencies and their in- as follows: preamble the following: strumentalities under the Competition in At the appropriate place, insert the fol- Whereas although the United States does Contracting Act (41 U.S.C. 3301 et seq.) and lowing: not take a position on competing territorial the Federal Acquisition Regulations:’’ SEC. lll. claims over land features and maritime boundaries, it does have a strong and long- (a) No funds made available for any fiscal SA 1814. Mr. COCHRAN submitted an standing interest in the manner in which dis- year beginning before, on, or after the date amendment intended to be proposed by putes in the South China Sea are addressed of enactment of this Act, under this Act or and in the conduct of the parties; him to the bill S. 1243, making appro- any other Act, may be used by the Internal priations for the Departments of Insert after the ninth whereas clause of the Revenue Service or the Bureau of Consumer preamble the following: Transportation, and Housing and Financial Protection to require the disclo- Urban Development, and related agen- Whereas, on June 21, 2013, the Governments sure by a provider of electronic communica- of the People’s Republic of China and Viet- cies for the fiscal year ending Sep- tion service or remote computing service of nam announced that they had agreed to set tember 30, 2014, and for other purposes; the contents of a wire or electronic commu- up and use an emergency fishery hotline to which was ordered to lie on the table; nication that is in storage with the provider inform each other of any detainment involv- as follows: (other than a communication with respect to ing fishermen or boats within 48 hours, to which the provider or an agent or employee On page 17, line 13, insert ‘‘, of which such help quickly resolve disputes and as part of of the provider is the originator, addressee, efforts to prevent future incidents from de- sums as may be necessary shall be made or intended recipient) unless the Internal available for the establishment, not later railing ties, and the Governments of the Peo- Revenue Service or the Bureau of Consumer ple’s Republic of China and Indonesia on May than 60 days after the date of the enactment Financial Protection, respectively, obtains a of this Act, of an academic center of excel- 2, 2013, agreed to establish a hotline for inci- warrant issued using the procedures de- dents in their disputed waters; lence to conduct research related to the pri- scribed in the Federal Rules of Criminal Pro- vacy, safety, policy, and technology chal- In the thirteenth whereas clause of the cedure by a court of competent jurisdiction preamble, strike ‘‘declaring the Senakaku lenges associated with integrating unmanned directing the disclosure. aerial systems into the national air space Islands a ‘‘core interest’’,’’. (b) For purposes of this section— Insert after the thirteenth whereas clause independent from the process established (1) the terms ‘‘court of competent jurisdic- of the preamble the following: under section 332 of the FAA Modernization tion’’ and ‘‘remote computing service’’ have Whereas, on April 27, 2013, Chinese Foreign and Reform Act of 2012 (Public Law 112–95)’’ the meaning given those terms in section Ministry spokeswoman, Hua Chunying, was after ‘‘2016’’. 2711 of title 18, United States Code; and quoted as saying, ‘‘The Diaoyu Islands are (2) the terms ‘‘electronic communication’’, Mr. JOHNSON of Wisconsin about sovereignty and territorial integrity. SA 1815. ‘‘electronic communication service’’, and Of course it’s China’s core interest.’’; submitted an amendment intended to ‘‘wire communication’’ have the meaning In the seventeenth whereas clause of the be proposed by him to the bill S. 1243, given those terms in section 2510 of title 18, preamble, strike ‘‘; and’’ and insert a semi- making appropriations for the Depart- United States Code. colon.

VerDate Mar 15 2010 07:33 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.043 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S6026 CONGRESSIONAL RECORD — SENATE July 29, 2013 In the eighteenth whereas clause of the On page 85, line 21, after the semicolon in- Whereas, on April 27, 2013, Chinese Foreign preamble, strike the colon at the end and in- sert ‘‘Provided further, That the Secretary of Ministry spokeswoman, Hua Chunying, was sert a semicolon. Housing and Urban Development and the quoted as saying, ‘‘The Diaoyu Islands are Insert after the eighteenth whereas clause Secretary of Veterans Affairs shall, in ad- about sovereignty and territorial integrity. of the preamble the following: ministering and distributing rental voucher Of course it’s China’s core interest.’’; Whereas ASEAN and China announced on assistance funded under this paragraph, give In the seventeenth whereas clause of the June 30, 2013, that official consultations on a consideration to the unique challenges of preamble, strike ‘‘; and’’ and insert a semi- Code of Conduct in the South China Sea will identifying homeless veterans in rural areas colon. commence at the 6th Senior Officials’ Meet- during point in time counts, and adjust their In the eighteenth whereas clause of the ing and the 9th Joint Working Group on the rental voucher assistance allocations accord- preamble, strike the colon at the end and in- Implementation of the Declaration of Con- ingly: Provided further, That in accord with sert a semicolon. duct of the Parties in the SCS, to be held in the previous proviso that the Secretary of Insert after the eighteenth whereas clause China in September 2013; Chinese Foreign Housing and Urban Development and the of the preamble the following: Minister Wang Yi reaffirmed that China was Secretary of Veterans Affairs shall in dis- Whereas ASEAN and China announced on willing to advance talks on a code of conduct tributing rental voucher allocations during June 30, 2013, that official consultations on a as part of a ‘‘continual, gradual and deep- any round of HUD-Veterans Affairs Sup- Code of Conduct in the South China Sea will ening process’’; and Secretary of State John portive Housing (HUD–VASH) vouchers that commence at the 6th Senior Officials’ Meet- F. Kerry, participating in the ASEAN Re- no State shall receive less than 0.5 percent of ing and the 9th Joint Working Group on the gional Forum Ministerial Meeting on July 2, all such vouchers made available during such Implementation of the Declaration of Con- 2013, expressed the hope that announcement round:’’ duct of the Parties in the SCS, to be held in of official consultations between ASEAN and f China in September 2013; Chinese Foreign China would be the beginning of sustained Minister Wang Yi reaffirmed that China was and substantive official engagement between SUPPORTING PEACEFUL RESOLU- willing to advance talks on a code of conduct the two on developing the new Code of Con- TION OF DISPUTES IN THE ASIA- as part of a ‘‘continual, gradual and deep- duct; and PACIFIC MARITIME DOMAINS ening process’’; and Secretary of State John Whereas, from June 17–20, 2013, the 10 F. Kerry, participating in the ASEAN Re- ASEAN members and their dialogue partners Mr. REID. I ask unanimous consent gional Forum Ministerial Meeting on July 2, Australia, China, India, Japan, New Zealand, that the Senate proceed to the imme- 2013, expressed the hope that announcement Russia, South Korea, and the United States diate consideration of Calendar No. 97, of official consultations between ASEAN and jointly participated in the First ASEAN De- S. Res. 167. China would be the beginning of sustained fense Ministers’ Meeting Plus Humanitarian The PRESIDING OFFICER. The and substantive official engagement between Assistance and Disaster Relief (HADR) and clerk will report the resolution by the two on developing the new Code of Con- Military Medicine (MM) exercise, helping to title. duct; and establish a new pattern of cooperation Whereas, from June 17-20, 2013, the 10 among the militaries of the Asia-Pacific: The bill clerk read as follows: A resolution (S. Res. 167) reaffirming ASEAN members and their dialogue partners Australia, China, India, Japan, New Zealand, SA 1820. Mr. SANDERS submitted an the strong support of the United States Russia, South Korea, and the United States amendment intended to be proposed by for the peaceful resolution of terri- jointly participated in the First ASEAN De- him to the bill S. 1243, making appro- torial, sovereignty, and jurisdictional fense Ministers’ Meeting Plus Humanitarian priations for the Departments of disputes in the Asia-Pacific maritime Assistance and Disaster Relief (HADR) and Transportation, and Housing and domains. Military Medicine (MM) exercise, helping to Urban Development, and related agen- There being no objection, the Senate establish a new pattern of cooperation cies for the fiscal year ending Sep- proceeded to consider the resolution. among the militaries of the Asia-Pacific: tember 30, 2014, and for other purposes; Mr. REID. I further ask that the res- The preamble, as amended, was which was ordered to lie on the table; olution be agreed to; the Feinstein agreed to. as follows: amendment to the preamble which is The resolution, with its preamble, as On page 49, line 6, insert ‘‘and to make at the desk be agreed to; the preamble, amended, reads as follows: grants to States to offset a portion of the op- as amended, be agreed to; and the mo- S. RES. 167 erating costs of passenger rail services,’’ tions to reconsider be considered made Whereas the maritime domain of the Asia- after ‘‘Code,’’. and laid upon the table with no inter- Pacific region includes critical sea lines of SA 1821. Mr. SANDERS submitted an vening action or debate. communication and commerce between the amendment intended to be proposed by The PRESIDING OFFICER. Without Pacific and Indian oceans; him to the bill S. 1243, making appro- objection, it is so ordered. Whereas the United States has a national The resolution (S. Res. 167) was interest in freedom of navigation and over- priations for the Departments of flight in the Asia-Pacific maritime domains, Transportation, and Housing and agreed to. as provided for by universally recognized Urban Development, and related agen- The amendment (No. 1819) was agreed principles of international law; cies for the fiscal year ending Sep- to, as follows: Whereas the United States has a national tember 30, 2014, and for other purposes; Insert after the third whereas clause of the interest in the maintenance of peace and sta- which was ordered to lie on the table; preamble the following: bility, open access by all to maritime do- as follows: Whereas although the United States does mains, respect for universally recognized principles of international law, prosperity On page 75, line 19, strike ‘‘$40,000,000’’ and not take a position on competing territorial and economic growth, and unimpeded lawful insert ‘‘$37,500,000’’. claims over land features and maritime On page 84, line 10, strike ‘‘$78,000,000’’ and boundaries, it does have a strong and long- commerce; insert ‘‘$80,500,000’’. standing interest in the manner in which dis- Whereas although the United States does On page 85, line 21, after the semicolon in- putes in the South China Sea are addressed not take a position on competing territorial sert ‘‘Provided further, That not less than and in the conduct of the parties; claims over land features and maritime $2,500,000 of the amounts provided under this Insert after the ninth whereas clause of the boundaries, it does have a strong and long- paragraph shall be used by the Secretary of preamble the following: standing interest in the manner in which dis- Housing and Urban Development, in con- Whereas, on June 21, 2013, the Governments putes in the South China Sea are addressed sultation with the Secretary of Veterans Af- of the People’s Republic of China and Viet- and in the conduct of the parties; fairs, to provide rental vouchers to veterans nam announced that they had agreed to set Whereas the United States has a clear in- residing in States with a population of less up and use an emergency fishery hotline to terest in encouraging and supporting the na- than 1,000,000:’’. inform each other of any detainment involv- tions of the region to work collaboratively ing fishermen or boats within 48 hours, to and diplomatically to resolve disputes with- SA 1822. Mr. SANDERS submitted an help quickly resolve disputes and as part of out coercion, without intimidation, without amendment intended to be proposed by efforts to prevent future incidents from de- threats, and without the use of force; him to the bill S. 1243, making appro- railing ties, and the Governments of the Peo- Whereas the South China Sea contains priations for the Departments of ple’s Republic of China and Indonesia on May great natural resources, and their steward- Transportation, and Housing and 2, 2013, agreed to establish a hotline for inci- ship and responsible use offers immense po- tential benefit for generations to come; Urban Development, and related agen- dents in their disputed waters; In the thirteenth whereas clause of the Whereas in recent years, there have been cies for the fiscal year ending Sep- preamble, strike ‘‘declaring the Senakaku numerous dangerous and destabilizing inci- tember 30, 2014, and for other purposes; Islands a ‘‘core interest’’,’’. dents in this region, including Chinese ves- which was ordered to lie on the table; Insert after the thirteenth whereas clause sels cutting the seismic survey cables of a as follows: of the preamble the following: Vietnamese oil exploration ship in May 2011;

VerDate Mar 15 2010 07:33 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\A29JY6.051 S29JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 29, 2013 CONGRESSIONAL RECORD — SENATE S6027 Chinese vessels barricading the entrance to unilateral steps, including ‘‘improperly the two on developing the new Code of Con- the Scarborough Reef lagoon in April 2012; drawing’’ baselines around the Senkaku Is- duct; and China issuing an official map that newly de- lands in September 2102, which the 2013 An- Whereas, from June 17–20, 2013, the 10 fines the contested ‘‘nine-dash line’’ as Chi- nual Report to Congress on Military and Se- ASEAN members and their dialogue partners na’s national border; and, since May 8, 2013, curity Developments Involving the People’s Australia, China, India, Japan, New Zealand, Chinese naval and marine surveillance ships Republic of China found to be ‘‘inconsistent Russia, South Korea, and the United States maintaining a regular presence in waters with international law’’, and maintaining a jointly participated in the First ASEAN De- around the Second Thomas Shoal, located continuous military and paramilitary pres- fense Ministers’ Meeting Plus Humanitarian approximately 105 nautical miles northwest ence around the Senkaku Islands; Assistance and Disaster Relief (HADR) and of the Philippine island of Palawan; Whereas, on April 27, 2013, Chinese Foreign Military Medicine (MM) exercise, helping to Whereas the Association of Southeast Ministry spokeswoman, Hua Chunying, was establish a new pattern of cooperation Asian Nations (ASEAN) has promoted multi- quoted as saying, ‘‘The Diaoyu Islands are among the militaries of the Asia-Pacific: lateral talks on disputed areas without set- about sovereignty and territorial integrity. Now, therefore, be it tling the issue of sovereignty, and in 2002 Of course it’s China’s core interest.’’; Resolved, That the Senate— joined with China in signing a Declaration Whereas although the United States does (1) condemns the use of coercion, threats, on the Conduct of Parties in the South China not take a position on the ultimate sov- or force by naval, maritime security, or fish- Sea that committed all parties to those ter- ereignty of the Senkaku Islands, the United ing vessels and military or civilian aircraft ritorial disputes to ‘‘reaffirm their respect States Government acknowledges that they in the South China Sea and the East China for and commitment to the freedom of navi- are under the administration of Japan and Sea to assert disputed maritime or terri- gation in and over flight above the South opposes any unilateral actions that would torial claims or alter the status quo; China Sea as provided for by the universally seek to undermine such administration, af- (2) strongly urges that all parties to mari- recognized principles of international law’’ firms that the unilateral actions of a third time and territorial disputes in the region and to ‘‘resolve their territorial and jurisdic- party will not affect the United States ac- exercise self-restraint in the conduct of ac- tional disputes by peaceful means, without knowledgment of the administration of tivities that would undermine stability or resorting to the threat or use of force’’; Japan over the Senkaku Islands, remains complicate or escalate disputes, including Whereas Japan and Taiwan reached an committed under the Treaty of Mutual Co- refraining from inhabiting presently agreement on April 10, 2013, to jointly share operation and Security to respond to any uninhabited islands, reefs, shoals, and other and administer the fishing resources in their armed attack in the territories under the ad- features and handle their differences in a overlapping claimed exclusive economic ministration of Japan, and has urged all par- constructive manner; zones in the East China Sea, an important ties to take steps to prevent incidents and (3) reaffirms the strong support of the breakthrough after 17 years of negotiations manage disagreements through peaceful United States for the member states of and a model for other such agreements; means; ASEAN and the Government of the People’s Whereas other incidences of the joint ad- Whereas, on August 3, 2012, a Department Republic of China as they seek to develop a ministrations of resources in disputed waters of State spokesperson expressed concern over code of conduct of parties in the South China in the South China Sea have de-escalated ‘‘China’s upgrading of the administrative Sea, and urges all countries to substantively tensions and promoted economic develop- level of Sansha City and the establishment support ASEAN in its efforts in this regard; ment, such as Malaysia and Brunei’s 2009 of a new military garrison there,’’ encour- (4) supports collaborative diplomatic proc- agreement to partner on exploring offshore aged ASEAN and China ‘‘to make meaning- esses by all claimants in the South China Brunei waters, with drilling in offshore oil ful progress toward finalizing a comprehen- Sea for resolving outstanding maritime or and gas fields off Brunei beginning in 2011; sive Code of Conduct,’’ and called upon territorial disputes, in a manner that main- and Thailand and Vietnam’s agreement to claimants to ‘‘explore every diplomatic or tains peace and security, adheres to inter- jointly develop areas of the Gulf of Thailand other peaceful avenue for resolution, includ- national law, and protects unimpeded lawful for gas exports, despite ongoing territorial ing the use of arbitration or other inter- commerce as well as freedom of navigation disputes; national legal mechanisms as needed’’; and overflight, and including through inter- Whereas, on June 21, 2013, the Governments Whereas the United States recognizes the national arbitration, allowing parties to of the People’s Republic of China and Viet- importance of strong, cohesive, and inte- peacefully settle claims and disputes using nam announced that they had agreed to set grated regional institutions, including the universally recognized principles of inter- up and use an emergency fishery hotline to East Asia Summit (EAS), ASEAN, and the national law; inform each other of any detainment involv- Asia-Pacific Economic Cooperation (APEC) (5) encourages the deepening of efforts by ing fishermen or boats within 48 hours, to forum, as foundation for effective regional the United States Government to develop help quickly resolve disputes and as part of frameworks to promote peace and security partnerships with other countries in the re- efforts to prevent future incidents from de- and economic growth, including in the mari- gion for maritime domain awareness and ca- railing ties, and the Governments of the Peo- time domain, and to ensure that the Asia- pacity building; and ple’s Republic of China and Indonesia on May Pacific community develops rules-based re- (6) supports the continuation of operations 2, 2013, agreed to establish a hotline for inci- gional norms which discourage coercion and by the United States Armed Forces in the dents in their disputed waters; the use of force; Western Pacific, including in partnership Whereas the Government of the Republic Whereas the United States welcomes the with the armed forces of other countries in of the Philippines states that it ‘‘has ex- development of a peaceful and prosperous the region, in support of freedom of naviga- hausted almost all political and diplomatic China, the government of which respects tion, the maintenance of peace and stability, avenues for a peaceful negotiated settlement international norms, international laws, and respect for universally recognized prin- of its maritime dispute with China’’ and in international institutions, and international ciples of international law, including the his statement of January 23, 2013, Republic rules; enhances security and peace; and seeks peaceful resolution of issues of sovereignty of Philippines Secretary of Foreign Affairs to advance a ‘‘new model’’ of relations be- and unimpeded lawful commerce. Del Rosario stated that therefore ‘‘the Phil- tween the United States and China; f ippines has taken the step of bringing China Whereas ASEAN plays an important role, before the Arbitral Tribunal under Article in partnership with others in the regional RECOGNIZING THE 200TH ANNIVER- 287 and Annex VII of the 1982 Convention on and international community, in addressing SARY OF THE BATTLE OF LAKE the Law of the Sea in order to achieve a maritime security issues in the Asia-Pacific ERIE peaceful and durable solution to the dis- region and into the Indian Ocean, including Mr. REID. I ask unanimous consent pute’’; open access to the maritime domain of Asia; Whereas, in January 2013, a Chinese naval Whereas ASEAN and China announced on that the Judiciary Committee be dis- ship allegedly fixed its weapons-targeting June 30, 2013, that official consultations on a charged from further consideration and radar on Japanese vessels in the vicinity of Code of Conduct in the South China Sea will the Senate now proceed to S. Res. 153. the Senkaku islands, and, on April 23, 2013, commence at the 6th Senior Officials’ Meet- The PRESIDING OFFICER. Without eight Chinese marine surveillance ships en- ing and the 9th Joint Working Group on the objection, it is so ordered. tered the 12-nautical-mile territorial zone off Implementation of the Declaration of Con- The clerk will report the resolution the Senkaku Islands, further escalating re- duct of the Parties in the SCS, to be held in by title. gional tensions; China in September 2013; Chinese Foreign The bill clerk read as follows: Whereas, on May 8, 2013, the Chinese Com- Minister Wang Yi reaffirmed that China was A resolution (S. Res. 153) recognizing the munist Party’s main newspaper, The Peo- willing to advance talks on a code of conduct 200th anniversary of the Battle of Lake Erie. ple’s Daily, published an article by several as part of a ‘‘continual, gradual and deep- There being no objection, the Senate Chinese scholars questioning Japan’s sov- ening process’’; and Secretary of State John ereignty over Okinawa, where key United F. Kerry, participating in the ASEAN Re- proceeded to consider the resolution. States military installations are located gional Forum Ministerial Meeting on July 2, The PRESIDING OFFICER. I ask which contribute to preserving security and 2013, expressed the hope that announcement unanimous consent that the resolution stability in the Asia-Pacific region; of official consultations between ASEAN and be agreed, the preamble be agreed to, Whereas the Government of the People’s China would be the beginning of sustained and the motions to reconsider be laid Republic of China has recently taken other and substantive official engagement between upon the table.

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SENATE COMMITTEE MEETINGS Lhamon, of California, to be Assistant and their families in the financial mar- Secretary of Education for Civil ketplace. Title IV of Senate Resolution 4, Rights, and any pending nominations. SR–418 agreed to by the Senate of February 4, SD–608 2 p.m. 1977, calls for establishment of a sys- Committee on Homeland Security and Committee on Homeland Security and tem for a computerized schedule of all Governmental Affairs Governmental Affairs meetings and hearings of Senate com- Business meeting to consider an original Subcommittee on Emergency Manage- mittees, subcommittees, joint commit- bill entitled, ‘‘Federal Real Property ment, Intergovernmental Relations, tees, and committees of conference. Asset Management Reform Act’’, S. and the District of Columbia 1360, to amend the Improper Payments To hold hearings to examine how pre- This title requires all such committees Elimination and Recovery Improve- pared the National Capital Region is to notify the Office of the Senate Daily ment Act of 2012, including making for the next disaster. Digest—designated by the Rules Com- changes to the Do Not Pay initiative, SD–342 mittee—of the time, place and purpose for improved detection, prevention, and Commission on Security and Cooperation of the meetings, when scheduled and recovery of improper payments to de- in Europe any cancellations or changes in the ceased individuals, S. 994, to expand To hold hearings to examine implica- meetings as they occur. the Federal Funding Accountability tions for economic development in Cen- and Transparency Act of 2006 to in- tral Asia, focusing on if the govern- As an additional procedure along crease accountability and transparency ment can create the necessary condi- with the computerization of this infor- in Federal spending, S. 1276, to increase tions for more trade and exchange, in- mation, the Office of the Senate Daily oversight of the Revolving Fund of the cluding infrastructure development, ef- Digest will prepare this information for Office of Personnel Management, ficient customs regimes and reliable printing in the Extensions of Remarks strengthen the authority to terminate transportation networks. section of the CONGRESSIONAL RECORD or debar employees and contractors in- CHOB–340 on Monday and Wednesday of each volved in misconduct affecting the in- Joint Economic Committee week. tegrity of security clearance back- To hold hearings to examine how tax re- ground investigations, enhance trans- form can boost economic growth, fo- Meetings scheduled for Tuesday, July parency regarding the criteria utilized cusing on lessons from Reagan. 30, 2013 may be found in the Daily Di- by Federal departments and agencies SD–G50 gest of today’s record. to determine when a security clearance 2:30 p.m. is required, H.R. 1162, to amend title 31, Committee on Commerce, Science, and MEETINGS SCHEDULED United States Code, to make improve- Transportation ments in the Government Account- To hold hearings to examine energy JULY 31 ability Office, S. 1348, to reauthorize drinks, focusing on exploring concerns 9 a.m. the Congressional Award Act, H.R. about marketing to youth. Committee on the Judiciary 1171, to amend title 40, United States SR–253 To hold hearings to examine strength- Code, to improve veterans service orga- Committee on Energy and Natural Re- ening privacy rights and national secu- nizations access to Federal surplus per- sources rity, focusing on oversight of the For- sonal property, S. 643, to strengthen Subcommittee on National Parks eign Intelligence Surveillance Act employee cost savings suggestions pro- To hold hearings to examine S. 398, to es- (FISA) surveillance programs. grams within the Federal Government, tablish the Commission to Study the SH–216 S. 1045, to amend title 5, United States Potential Creation of a National Wom- 9:30 a.m. Code, to provide that persons having en’s History Museum, S. 524, to amend Committee on Energy and Natural Re- seriously delinquent tax debts shall be the National Trails System Act to pro- sources ineligible for Federal employment, S. vide for the study of the Pike National To hold hearings to examine strength- 233, to designate the facility of the Historic Trail, S. 618, to require the ening public health protections by ad- United States Postal Service located at Secretary of the Interior to conduct dressing toxic chemical threats. 815 County Road 23 in Tyrone, New certain special resource studies, S. 702, SD–406 York, as the ‘‘Specialist Christopher to designate the Quinebaug and Committee on Environment and Public Scott Post Office Building’’, S. 668, to Shetucket Rivers Valley National Her- Works designate the facility of the United itage Corridor as ‘‘The Last Green Val- To hold hearings to examine strength- States Postal Service located at 14 ley National Heritage Corridor’’, S. 781, ening public health protections by ad- Main Street in Brockport, New York, to modify the boundary of Yosemite dressing toxic chemical threats. as the ‘‘Staff Sergeant Nicholas J. Reid National Park, S. 782, to amend Public SD–406 Post Office Building’’, S. 796, to des- Law 101–377 to revise the boundaries of 10 a.m. ignate the facility of the United States the Gettysburg National Military Park Committee on Banking, Housing, and Postal Service located at 302 East to include the Gettysburg Train Sta- Urban Affairs Green Street in Champaign, Illinois, as tion, S. 869, to establish the Alabama Business meeting to consider S. 1376, to the ‘‘James R. Burgess Jr. Post Office Black Belt National Heritage Area, S. improve the Federal Housing Adminis- Building’’, S. 885, to designate the fa- 925, to improve the Lower East Side tration and to ensure the solvency of cility of the United States Postal Serv- Tenement National Historic Site, S. the Mutual Mortgage Insurance Fund. ice located at 35 Park Street in 995, to authorize the National Desert SD–538 Danville, Vermont, as the ‘‘Thaddeus Storm Memorial Association to estab- Committee on Health, Education, Labor, Stevens Post Office’’, S. 1093, to des- lish the National Desert Storm and and Pensions ignate the facility of the United States Desert Shield Memorial as a com- Business meeting to consider S. 1356, to Postal Service located at 130 Caldwell memorative work in the District of Co- amend the Workforce Investment Act Drive in Hazlehurst, Mississippi, as the lumbia, S. 974, to provide for certain of 1998 to strengthen the United States ‘‘First Lieutenant Alvin Chester land conveyances in the State of Ne- workforce development system through Cockrell, Jr. Post Office Building’’, and vada, S. 1044, to direct the Secretary of innovation in, and alignment and im- the nominations of John H. Thompson, the Interior to install in the area of the provement of, employment, training, of the District of Columbia, to be Di- World War II Memorial in the District and education programs in the United rector of the Census, Department of of Columbia a suitable plaque or an in- States, and to promote individual and Commerce, and Katherine Archuleta, scription with the words that President national economic growth, the nomina- of Colorado, to be Director of the Office Franklin D. Roosevelt prayed with the tions of Robert F. Cohen, Jr., of West of Personnel Management. United States on D–Day, June 6, 1944, Virginia, and William Ira Althen, of SD–342 S. 1071, to authorize the Secretary of Virginia, both to be a Member of the Committee on Veterans’ Affairs the Interior to make improvements to Federal Mine Safety and Health Re- To hold hearings to examine preserving support facilities for National Historic view Commission, Catherine Elizabeth the rights of servicemembers, veterans, Sites operated by the National Park

∑ 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 01:34 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M29JY8.000 E29JYPT1 pwalker on DSK7TPTVN1PROD with REMARKS E1152 CONGRESSIONAL RECORD — Extensions of Remarks July 29, 2013 Service, S. 1138, to reauthorize the Committee on Indian Affairs 10:30 a.m. Hudson River Valley National Heritage To hold hearings to examine S. 235, to Committee on Appropriations Area S. 1151, to reauthorize the Amer- provide for the conveyance of certain Business meeting to mark up proposed ica’s Agricultural Heritage Partnership property located in Anchorage, Alaska, legislation making appropriations for in the State of Iowa, S. 1157, to reau- from the United States to the Alaska fiscal year 2014 for the Department of thorize the Rivers of Steel National Native Tribal Health Consortium, S. Defense. Heritage Area, the Lackawanna Valley 920, to allow the Fond du Lac Band of SD–106 National Heritage Area, the Delaware Lake Superior Chippewa in the State of Committee on Foreign Relations and Lehigh National Heritage Corridor, Minnesota to lease or transfer certain Business meeting to consider an original and the Schuylkill River Valley Na- land, and S. 1352, the Native American bill entitled, ‘‘Chris Stevens, Sean tional Heritage Area, S. 1168, to amend Housing Assistance and Self-deter- Smith, Tyrone Woods, and Glen the Foreign Intelligence Surveillance mination Reauthorization Act of 2013. Doherty Embassy Security, Threat SD–628 Act of 1978 to limit overbroad surveil- Mitigation, and Personnel Protection 3 p.m. lance requests and expand reporting re- Act of 2013’’. Committee on Foreign Relations quirements, S. 1252, to amend the Wild SD–419 and Scenic Rivers Act to designate seg- Subcommittee on European Affairs To hold hearings to examine where Tur- Committee on Homeland Security and ments of the Missisquoi River and the Governmental Affairs Trout River in the State of Vermont, key is headed, focusing on Gezi Park, Taksim Square, and the future of the Subcommittee on Financial and Con- as components of the National Wild Turkish model. tracting Oversight and Scenic Rivers System, S. 1253, to SD–419 To hold hearings to examine Prisoner of amend the Wild and Scenic Rivers Act War (POW) and Missing in Action to designate certain segments of the AUGUST 1 (MIA) accounting. Farmington River and Salmon Brook 9:30 a.m. SD–342 in the State of Connecticut as compo- 2 p.m. nents of the National Wild and Scenic Committee on Energy and Natural Re- sources Committee on the Judiciary Rivers System, H.R. 674, to authorize Subcommittee on Oversight, Federal the Secretary of the Interior to study To hold hearings to examine the Novem- ber 6, 2012 referendum on the political Rights and Agency Action the suitability and feasibility of desig- To hold hearings to examine the human nating prehistoric, historic, and lime- status of Puerto Rico and the Adminis- tration’s response. cost of regulatory paralysis. stone forest sites on Rota, Common- SD–366 SD–226 wealth of the Northern Mariana Is- Committee on the Judiciary 2:30 p.m. lands, as a unit of the National Park Business meeting to consider S. 987, to Select Committee on Intelligence System, H.R. 885, to expand the bound- maintain the free flow of information To hold closed hearings to examine cer- ary of the San Antonio Missions Na- to the public by providing conditions tain intelligence matters. tional Historical Park, H.R. 1033 and S. for the federally compelled disclosure SH–219 916, bills to authorize the acquisition of information by certain persons con- and protection of nationally significant nected with the news media, S. 933, to AUGUST 2 battlefields and associated sites of the amend title I of the Omnibus Crime 9:30 a.m. Revolutionary War and the War of 1812 Control and Safe Streets Act of 1968 to under the American Battlefield Protec- Joint Economic Committee extend the authorization of the Bullet- To hold hearings to examine the employ- tion Program, and H.R. 1158, to direct proof Vest Partnership Grant Program ment situation for July 2013. the Secretary of the Interior to con- through fiscal year 2018, and the nomi- SD–G50 tinue stocking fish in certain lakes in nations of Patricia Ann Millett, of Vir- the North Cascades National Park, ginia, to be United States Circuit Ross Lake National Recreation Area, Judge for the District of Columbia Cir- SEPTEMBER 11 and Lake Chelan National Recreation cuit, Gregory Howard Woods, to be 10:30 a.m. Area. United States District Judge for the Committee on Appropriations SD–366 Southern District of New York, Eliza- Subcommittee on Financial Services and Committee on Finance beth A. Wolford, to be United States General Government Subcommittee on Energy, Natural Re- District Judge for the Western District To hold hearings to examine proposed sources, and Infrastructure of New York, and Debra M. Brown, to budget estimates and justification for To hold hearings to examine principles be United States District Judge for the fiscal year 2014 for the Federal Commu- for energy tax reform. Northern District of Mississippi. nications Commission. SD–215 SD–226 SD–138

VerDate Mar 15 2010 01:34 Jul 30, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\M29JY8.000 E29JYPT1 pwalker on DSK7TPTVN1PROD with REMARKS Monday, July 29, 2013 Daily Digest Senate Coburn Amendment No. 1750, to prohibit funds Chamber Action from being directed to federal employees with un- Routine Proceedings, pages S5989–S6028 paid Federal tax liability. Page S5996 Measures Introduced: Six bills were introduced, as Coburn Amendment No. 1751, to prohibit Fed- follows: S. 1379–1384. Page S6023 eral funding of union activities by Federal employ- ees. Page S5996 Measures Reported: Coburn Amendment No. 1754, to prohibit Fed- S. 534, to reform the National Association of eral funds from being used to meet the matching re- Registered Agents and Brokers, with an amendment quirements of other Federal Programs. Page S5996 in the nature of a substitute. (S. Rept. No. 113–82) Murphy Amendment No. 1783, to require the S. 783, to amend the Helium Act to improve he- Secretary of Transportation to assess the impact on lium stewardship, with an amendment in the nature domestic employment of a waiver of the Buy Amer- of a substitute. (S. Rept. No. 113–83) Page S6023 ica requirement for Federal-aid highway projects Measures Passed: prior to issuing the waiver. Page S5996 Battle of Lake Erie 200th Anniversary: Com- Jones Nomination—Cloture: Senate began consid- mittee on the Judiciary was discharged from further eration of the nomination of Byron Todd Jones, of consideration of S. Res. 153, recognizing the 200th Minnesota, to be Director, Bureau of Alcohol, To- anniversary of the Battle of Lake Erie, and the reso- bacco, Firearms, and Explosives. Page S5994 lution was then agreed to. Pages S6027–28 A motion was entered to close further debate on Asia-Pacific Maritime Domains: Senate agreed the nomination, and, in accordance with the provi- sions of Rule XXII of the Standing Rules of the to S. Res. 167, reaffirming the strong support of the Senate, a vote on cloture will occur on Wednesday, United States for the peaceful resolution of terri- July 31, 2013. Page S5994 torial, sovereignty, and jurisdictional disputes in the Asia-Pacific maritime domains, after agreeing to the Power Nomination—Cloture: Senate began consid- following amendment proposed thereto: eration of the nomination of Samantha Power, of Pages S6026–27 Massachusetts, to be the Representative to the Reid (for Feinstein) Amendment No. 1819, to United Nations, with the rank and status of Ambas- amend the preamble. Page S6026 sador, and the Representative in the Security Council of the United Nations. Page S5994 Measures Considered: A motion was entered to close further debate on Transportation, Housing and Urban Develop- the nomination, and, in accordance with the provi- ment, and Related Agencies Appropriations Act: sions of Rule XXII of the Standing Rules of the Senate resumed consideration of S. 1243, making ap- Senate, a vote on cloture will occur upon disposition propriations for the Departments of Transportation, of the nomination of Byron Todd Jones, of Min- and Housing and Urban Development, and related nesota, to be Director, Bureau of Alcohol, Tobacco, agencies for the fiscal year ending September 30, Firearms, and Explosives. Page S5994 2014, taking action on the following amendments Hirozawa Nomination—Agreement: A unani- proposed thereto: Pages S5996–97 mous-consent agreement was reached providing that Pending: at approximately 10 a.m., on Tuesday, July 30, Murray (for Cardin) Modified Amendment No. 2013, Senate resume consideration of the nomination 1760, to require the Secretary of Transportation to of Kent Yoshiho Hirozawa, of New York, to be a submit to Congress a report relating to the condition Member of the National Labor Relations Board, and of lane miles and highway bridge deck. Page S5996 vote on the motion to invoke cloture on the nomina- tion. Page S6028 D779

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Nomination Confirmed: Senate confirmed the fol- Amendments Submitted: Pages S6024–26 lowing nomination: Record Votes: One record vote was taken today. By 93 yeas to 1 nay, 2 responding present (Vote (Total—188) Page S6004 No. EX. 188), James B. Comey, Jr., of Connecticut, to be Director of the Federal Bureau of Investigation Adjournment: Senate convened at 2 p.m. and ad- for a term of ten years. Pages S5997–S6004 journed at 6:47 p.m., until 10 a.m. on Tuesday, July Subsequently, the motion to invoke cloture on the 30, 2013. (For Senate’s program, see the remarks of nomination was withdrawn. Pages S6003–04 the Majority Leader in today’s Record on page S6028.) Messages from the House: Page S6009 Measures Read the First Time: Pages S6009, S6028 Committee Meetings Petitions and Memorials: Pages S6009–23 Additional Cosponsors: Pages S6023–24 (Committees not listed did not meet) Additional Statements: Pages S6008–09 No committee meetings were held. House of Representatives Command/United States Forces Korea, both of the De- Chamber Action partment of Defense, 9:30 a.m., SD–G50. The House was not in session today. The House Committee on Banking, Housing, and Urban Affairs: to is scheduled to meet at 12 noon on Tuesday, hold hearings to examine mitigating systemic risk in fi- July 30, 2013. nancial markets through Wall Street reforms, 10 a.m., SD–538. Committee on the Budget: to hold hearings to examine Committee Meetings containing health care costs, focusing on recent progress No hearings were held. and remaining challenges, 10:30 a.m., SD–608. Committee on Commerce, Science, and Transportation: busi- ness meeting to consider S. 134, to arrange for the Na- Joint Meetings tional Academy of Sciences to study the impact of violent No joint committee meetings were held. video games and violent video programming on children, S. Res. 157, expressing the sense of the Senate that tele- f phone service must be improved in rural areas of the NEW PUBLIC LAWS United States and that no entity may unreasonably dis- criminate against telephone users in those areas, S. 267, (For last listing of Public Laws, see DAILY DIGEST, p. D753) to prevent, deter, and eliminate illegal, unreported and H.R. 2289, to rename section 219(c) of the Inter- unregulated fishing through port State measures, S. 269, nal Revenue Code of 1986 as the Kay Bailey to establish uniform administrative and enforcement au- Hutchison Spousal IRA. Signed on July 25, 2013. thorities for the enforcement of the High Seas Driftnet (Public Law 113–22) Fishing Moratorium Protection Act and similar statutes, S. 376, to reauthorize the National Integrated Drought f Information System, S. 839, to reauthorize the Coral Reef COMMITTEE MEETINGS FOR TUESDAY, Conservation Act of 2000, S. 921, to amend chapter 301 JULY 30, 2013 of title 49, United States Code, to prohibit the rental of motor vehicles that contain a defect related to motor ve- (Committee meetings are open unless otherwise indicated) hicle safety, S. 1068, to reauthorize and amend the Na- tional Oceanic and Atmospheric Administration Commis- Senate sioned Officer Corps Act of 2002, S. 1072, to ensure that Committee on Appropriations: Subcommittee on Depart- the Federal Aviation Administration advances the safety ment of Defense, business meeting to markup proposed of small airplanes and the continued development of the legislation making appropriations for fiscal year 2014 for general aviation industry, S. 1144, to prohibit unauthor- the Department of Defense, 10:30 a.m., SD–192. ized third-party charges on wireline telephone bills, S. Committee on Armed Services: to hold hearings to examine 1254, to amend the Harmful Algal Blooms and Hypoxia the nominations of Admiral Cecil E.D. Haney, USN for Research and Control Act of 1998, S. 1317, to authorize reappointment to the grade of admiral and to be Com- the programs of the National Aeronautics and Space Ad- mander, United States Strategic Command, and Lieuten- ministration for fiscal years 2014 through 2016, S. 1344, ant General Curtis M. Scaparrotti, USA to be general and to promote research, monitoring, and observation of the Commander, United Nations Command/Combined Forces Arctic, an original bill entitled, ‘‘Cyber’’, the nominations

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of Jannette Lake Dates, of Maryland, Bruce M. Ramer, of cilities, ensure adequate funding for managing nuclear California, Brent Franklin Nelsen, of South Carolina, waste, 2:30 p.m., SD–366. Howard Abel Husock, of New York, and Loretta Cheryl Committee on Foreign Relations: business meeting to con- Sutliff, of Nevada, all to be a Member of the Board of sider subcommittee membership and jurisdiction for the Directors of the Corporation for Public Broadcasting, 113th Congress, the nominations of Morrell John Berry, Thomas C. Carper, of Illinois, to be a Director of the of Maryland, to be Ambassador to Australia, Patricia Amtrak Board of Directors, Thomas Edgar Wheeler, of Marie Haslach, of Oregon, to be Ambassador to the Fed- the District of Columbia, to be a Member of the Federal eral Democratic Republic of Ethiopia, Reuben Earl Communications Commission, Mark E. Schaefer, of Cali- Brigety, II, of Florida, to be Representative to the African fornia, to be Assistant Secretary of Commerce for Oceans Union, with the rank and status of Ambassador, Daniel and Atmosphere, and nominations for promotion in the A. Clune, of Maryland, to be Ambassador to the Lao Peo- United States Coast Guard, 2:30 p.m., SR–253. ple’s Democratic Republic, Patrick Hubert Gaspard, of Committee on Energy and Natural Resources: Subcommittee New York, to be Ambassador to the Republic of South on Public Lands, Forests, and Mining, to hold hearings Africa, Stephanie Sanders Sullivan, of New York, to be to examine S. 37, to sustain the economic development Ambassador to the Republic of the Congo, Joseph Y. and recreational use of National Forest System land and Yun, of Oregon, to be Ambassador to Malaysia, Linda other public land in the State of Montana, to add certain Thomas-Greenfield, of Louisiana, to be Assistant Secretary land to the National Wilderness Preservation System, to for African Affairs, James F. Entwistle, of Virginia, to be release certain wilderness study areas, to designate new Ambassador to the Federal Republic of Nigeria, David D. areas for recreation, S. 343, to provide for the conveyance Pearce, of Virginia, to be Ambassador to Greece, John B. of certain Federal land in Clark County, Nevada, for the Emerson, of California, to be Ambassador to the Federal environmental remediation and reclamation of the Three Republic of Germany, John Rufus Gifford, of Massachu- Kids Mine Project Site, S. 364, to establish the Rocky setts, to be Ambassador to Denmark, Denise Campbell Mountain Front Conservation Management Area, to des- Bauer, of California, to be Ambassador to Belgium, and ignate certain Federal land as wilderness, and to improve James Costos, of California, to be Ambassador to Spain the management of noxious weeds in the Lewis and Clark and to serve concurrently and without additional com- National Forest, S. 404, to preserve the Green Mountain pensation as Ambassador to Andorra, all of the Depart- Lookout in the Glacier Peak Wilderness of the Mount ment of State; to be immediately followed by a hearing Baker-Snoqualmie National Forest, S. 753, to provide for to examine the nominations of Steve A. Linick, of Vir- national security benefits for White Sands Missile Range ginia, to be Inspector General, Matthew Winthrop and Fort Bliss, S. 1169, to withdraw and reserve certain Barzun, of Kentucky, to be Ambassador to the United public land in the State of Montana for the Limestone Kingdom of Great Britain and Northern Ireland, David Hills Training Area, S. 1294, to designate as wilderness Hale, of New Jersey, to be Ambassador to the Republic certain public land in the Cherokee National Forest in of Lebanon, John R. Phillips, of the District of Columbia, the State of Tennessee, S. 1300, to amend the Healthy to be Ambassador to the Italian Republic, and to serve Forests Restoration Act of 2003 to provide for the con- concurrently and without additional compensation as duct of stewardship end result contracting projects, S. Ambassador to the Republic of San Marino, Liliana 1301, to provide for the restoration of forest landscapes, Ayalde, of Maryland, to be Ambassador to the Federative protection of old growth forests, and management of na- Republic of Brazil, Kirk W.B. Wagar, of Florida, to be tional forests in the eastside forests of the State of Or- Ambassador to the Republic of Singapore, Daniel A. Se- egon, S. 1309, to withdraw and reserve certain public pulveda, of Florida, to be Deputy Assistant Secretary for land under the jurisdiction of the Secretary of the Interior International Communications and Information Policy in for military uses, H.R. 507, to provide for the conveyance the Bureau of Economic, Energy, and Business Affairs and of certain land inholdings owned by the United States to U.S. Coordinator for International Communications and the Pascua Yaqui Tribe of Arizona, H.R. 862, to author- Information Policy, Terence Patrick McCulley, of Wash- ize the conveyance of two small parcels of land within the ington, to be Ambassador to the Republic of Cote boundaries of the Coconino National Forest containing d’Ivoire, James C. Swan, of California, to be Ambassador private improvements that were developed based upon the to the Democratic Republic of the Congo, John R. Phil- reliance of the landowners in an erroneous survey con- lips, of the District of Columbia, to be Ambassador to ducted in May 1960, H.R. 876, to authorize the contin- the Italian Republic, and to serve concurrently and with- ued use of certain water diversions located on National out additional compensation as Ambassador to the Re- Forest System land in the Frank Church-River of No Re- public of San Marino, Kenneth Francis Hackett, of Mary- turn Wilderness and the Selway-Bitterroot Wilderness in land, to be Ambassador to the Holy See, and Alexa Lange the State of Idaho, and H.R. 993 and S. 509, bills to pro- Wesner, of Texas, to be Ambassador to the Republic of vide for the conveyance of certain parcels of National For- Austria, all of the Department of State, 2:15 p.m., est System land to the city of Fruit Heights, Utah, 10 SD–419. a.m., SD–366. Committee on the Judiciary: Subcommittee on Antitrust, Full Committee, to hold hearings to examine S. 1240, Competition Policy and Consumer Rights, to hold hear- to establish a new organization to manage nuclear waste, ings to examine standard essential patent disputes and provide a consensual process for siting nuclear waste fa- antitrust law, 10 a.m., SD–226.

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Select Committee on Intelligence: to hold closed hearings to and to ensure the solvency of the Mutual Mortgage Insur- examine certain intelligence matters, 2:30 p.m., SH–219. ance Fund, 10 a.m., SD–538. Committee on the Budget: July 30, to hold hearings to ex- House amine containing health care costs, focusing on recent Committee on Energy and Commerce, Full Committee, progress and remaining challenges, 10:30 a.m., SD–608. markup on H.R. 2810, the ‘‘Medicare Patient Access and Committee on Commerce, Science, and Transportation: July Quality Improvement Act of 2013’’; and H.R. 2844, the 30, business meeting to consider S. 134, to arrange for ‘‘Federal Communications Commission Consolidated Re- the National Academy of Sciences to study the impact of porting Act of 2013’’, 4 p.m., 2123 Rayburn. violent video games and violent video programming on f children, S. Res. 157, expressing the sense of the Senate that telephone service must be improved in rural areas of CONGRESSIONAL PROGRAM AHEAD the United States and that no entity may unreasonably discriminate against telephone users in those areas, S. Week of July 30 through August 2, 2013 267, to prevent, deter, and eliminate illegal, unreported and unregulated fishing through port State measures, S. Senate Chamber 269, to establish uniform administrative and enforcement On Tuesday, at 10:00 a.m., Senate will resume authorities for the enforcement of the High Seas Driftnet consideration of the nomination of Kent Yoshiho Fishing Moratorium Protection Act and similar statutes, Hirozawa, of New York, to be a Member of the Na- S. 376, to reauthorize the National Integrated Drought tional Labor Relations Board, and vote on the mo- Information System, S. 839, to reauthorize the Coral Reef Conservation Act of 2000, S. 921, to amend chapter 301 tion to invoke cloture on the nomination at approxi- of title 49, United States Code, to prohibit the rental of mately 10:15 a.m. motor vehicles that contain a defect related to motor ve- Senators should expect consideration of the nomi- hicle safety, S. 1068, to reauthorize and amend the Na- nations of Nancy Jean Schiffer, of Maryland, to be tional Oceanic and Atmospheric Administration Commis- a Member of the National Labor Relations Board, sioned Officer Corps Act of 2002, S. 1072, to ensure that Mark Gaston Pearce, of New York, to be a Member the Federal Aviation Administration advances the safety of the National Labor Relations Board, Byron Todd of small airplanes and the continued development of the Jones, of Minnesota, to be Director of the Bureau of general aviation industry, S. 1144, to prohibit unauthor- Alcohol, Tobacco, and Firearms, and Samantha ized third-party charges on wireline telephone bills, S. Power, of Massachusetts, to be Representative of the 1254, to amend the Harmful Algal Blooms and Hypoxia United States of America to the United Nations. Research and Control Act of 1998, S. 1317, to authorize the programs of the National Aeronautics and Space Ad- During the balance of the week, Senate may con- ministration for fiscal years 2014 through 2016, S. 1344, sider any cleared legislative and executive business. to promote research, monitoring, and observation of the Senate Committees Arctic, an original bill entitled, ‘‘Cyber’’, the nominations of Jannette Lake Dates, of Maryland, Bruce M. Ramer, of (Committee meetings are open unless otherwise indicated) California, Brent Franklin Nelsen, of South Carolina, Committee on Appropriations: July 30, Subcommittee on Howard Abel Husock, of New York, and Loretta Cheryl Department of Defense, business meeting to markup pro- Sutliff, of Nevada, all to be a Member of the Board of posed legislation making appropriations for fiscal year Directors of the Corporation for Public Broadcasting, 2014 for the Department of Defense, 10:30 a.m., Thomas C. Carper, of Illinois, to be a Director of the SD–192. Amtrak Board of Directors, Thomas Edgar Wheeler, of August 1, Full Committee, business meeting to mark- the District of Columbia, to be a Member of the Federal up proposed legislation making appropriations for fiscal Communications Commission, Mark E. Schaefer, of Cali- year 2014 for the Department of Defense, 10:30 a.m., fornia, to be Assistant Secretary of Commerce for Oceans SD–106. and Atmosphere, and nominations for promotion in the Committee on Armed Services: July 30, to hold hearings United States Coast Guard, 2:30 p.m., SR–253. to examine the nominations of Admiral Cecil E.D. July 31, Full Committee, to hold hearings to examine Haney, USN for reappointment to the grade of admiral energy drinks, focusing on exploring concerns about mar- and to be Commander, United States Strategic Command, keting to youth, 2:30 p.m., SR–253. and Lieutenant General Curtis M. Scaparrotti, USA to be Committee on Energy and Natural Resources: July 30, Sub- general and Commander, United Nations Command/ committee on Public Lands, Forests, and Mining, to hold Combined Forces Command/United States Forces Korea, hearings to examine S. 37, to sustain the economic devel- both of the Department of Defense, 9:30 a.m., SD–G50. opment and recreational use of National Forest System Committee on Banking, Housing, and Urban Affairs: July land and other public land in the State of Montana, to 30, to hold hearings to examine mitigating systemic risk add certain land to the National Wilderness Preservation in financial markets through Wall Street reforms, 10 System, to release certain wilderness study areas, to des- a.m., SD–538. ignate new areas for recreation, S. 343, to provide for the July 31, Full Committee, business meeting to consider conveyance of certain Federal land in Clark County, Ne- S. 1376, to improve the Federal Housing Administration vada, for the environmental remediation and reclamation

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of the Three Kids Mine Project Site, S. 364, to establish Shield Memorial as a commemorative work in the Dis- the Rocky Mountain Front Conservation Management trict of Columbia, S. 974, to provide for certain land con- Area, to designate certain Federal land as wilderness, and veyances in the State of Nevada, S. 1044, to direct the to improve the management of noxious weeds in the Secretary of the Interior to install in the area of the Lewis and Clark National Forest, S. 404, to preserve the World War II Memorial in the District of Columbia a Green Mountain Lookout in the Glacier Peak Wilderness suitable plaque or an inscription with the words that of the Mount Baker-Snoqualmie National Forest, S. 753, President Franklin D. Roosevelt prayed with the United to provide for national security benefits for White Sands States on D–Day, June 6, 1944, S. 1071, to authorize the Missile Range and Fort Bliss, S. 1169, to withdraw and Secretary of the Interior to make improvements to sup- reserve certain public land in the State of Montana for the port facilities for National Historic Sites operated by the Limestone Hills Training Area, S. 1294, to designate as National Park Service, S. 1138, to reauthorize the Hud- wilderness certain public land in the Cherokee National son River Valley National Heritage Area, S. 1151, to re- Forest in the State of Tennessee, S. 1300, to amend the authorize the America’s Agricultural Heritage Partnership Healthy Forests Restoration Act of 2003 to provide for in the State of Iowa, S. 1157, to reauthorize the Rivers the conduct of stewardship end result contracting of Steel National Heritage Area, the Lackawanna Valley projects, S. 1301, to provide for the restoration of forest National Heritage Area, the Delaware and Lehigh Na- landscapes, protection of old growth forests, and manage- tional Heritage Corridor, and the Schuylkill River Valley ment of national forests in the eastside forests of the State National Heritage Area, S. 1168, to amend the Foreign of Oregon, S. 1309, to withdraw and reserve certain pub- Intelligence Surveillance Act of 1978 to limit overbroad lic land under the jurisdiction of the Secretary of the In- surveillance requests and expand reporting requirements, terior for military uses, H.R. 507, to provide for the con- S. 1252, to amend the Wild and Scenic Rivers Act to veyance of certain land inholdings owned by the United designate segments of the Missisquoi River and the Trout States to the Pascua Yaqui Tribe of Arizona, H.R. 862, River in the State of Vermont, as components of the Na- to authorize the conveyance of two small parcels of land tional Wild and Scenic Rivers System, S. 1253, to amend within the boundaries of the Coconino National Forest the Wild and Scenic Rivers Act to designate certain seg- containing private improvements that were developed ments of the Farmington River and Salmon Brook in the based upon the reliance of the landowners in an erroneous State of Connecticut as components of the National Wild survey conducted in May 1960, H.R. 876, to authorize and Scenic Rivers System, H.R. 674, to authorize the the continued use of certain water diversions located on Secretary of the Interior to study the suitability and feasi- National Forest System land in the Frank Church-River bility of designating prehistoric, historic, and limestone of No Return Wilderness and the Selway-Bitterroot Wil- forest sites on Rota, Commonwealth of the Northern derness in the State of Idaho, and H.R. 993 and S. 509, Mariana Islands, as a unit of the National Park System, bills to provide for the conveyance of certain parcels of H.R. 885, to expand the boundary of the San Antonio National Forest System land to the city of Fruit Heights, Missions National Historical Park, H.R. 1033 and S. Utah, 10 a.m., SD–366. 916, bills to authorize the acquisition and protection of July 30, Full Committee, to hold hearings to examine nationally significant battlefields and associated sites of S. 1240, to establish a new organization to manage nu- the Revolutionary War and the War of 1812 under the clear waste, provide a consensual process for siting nuclear American Battlefield Protection Program, and H.R. waste facilities, and ensure adequate funding for man- 1158, to direct the Secretary of the Interior to continue aging nuclear waste, 2:30 p.m., SD–366. stocking fish in certain lakes in the North Cascades Na- July 31, Full Committee, to hold hearings to examine tional Park, Ross Lake National Recreation Area, and strengthening public health protections by addressing Lake Chelan National Recreation Area, 2:30 p.m., toxic chemical threats, 9:30 a.m., SD–406. SD–366. July 31, Subcommittee on National Parks, to hold August 1, Full Committee, to hold hearings to exam- hearings to examine S. 398, to establish the Commission ine the November 6, 2012 referendum on the political to Study the Potential Creation of a National Women’s status of Puerto Rico and the Administration’s response, History Museum, S. 524, to amend the National Trails 9:30 a.m., SD–366. System Act to provide for the study of the Pike National Committee on Environment and Public Works: July 31, to Historic Trail, S. 618, to require the Secretary of the In- hold hearings to examine strengthening public health terior to conduct certain special resource studies, S. 702, protections by addressing toxic chemical threats, 9:30 to designate the Quinebaug and Shetucket Rivers Valley a.m., SD–406. National Heritage Corridor as ‘‘The Last Green Valley Committee on Finance: July 31, Subcommittee on En- National Heritage Corridor’’, S. 781, to modify the ergy, Natural Resources, and Infrastructure, to hold hear- boundary of Yosemite National Park, S. 782, to amend ings to examine principles for energy tax reform, 2:30 Public Law 101–377 to revise the boundaries of the Get- p.m., SD–215. tysburg National Military Park to include the Gettysburg Committee on Foreign Relations: July 30, business meeting Train Station, S. 869, to establish the Alabama Black to consider subcommittee membership and jurisdiction Belt National Heritage Area, S. 925, to improve the for the 113th Congress, the nominations of Morrell John Lower East Side Tenement National Historic Site, S. 995, Berry, of Maryland, to be Ambassador to Australia, Patri- to authorize the National Desert Storm Memorial Asso- cia Marie Haslach, of Oregon, to be Ambassador to the ciation to establish the National Desert Storm and Desert Federal Democratic Republic of Ethiopia, Reuben Earl

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Brigety II, of Florida, to be Representative to the African novation in, and alignment and improvement of, employ- Union, with the rank and status of Ambassador, Daniel ment, training, and education programs in the United A. Clune, of Maryland, to be Ambassador to the Lao Peo- States, and to promote individual and national economic ple’s Democratic Republic, Patrick Hubert Gaspard, of growth, the nominations of Robert F. Cohen, Jr., of West New York, to be Ambassador to the Republic of South Virginia, and William Ira Althen, of Virginia, both to be Africa, Stephanie Sanders Sullivan, of New York, to be a Member of the Federal Mine Safety and Health Review Ambassador to the Republic of the Congo, Joseph Y. Commission, Catherine Elizabeth Lhamon, of California, Yun, of Oregon, to be Ambassador to Malaysia, Linda to be Assistant Secretary of Education for Civil Rights, Thomas-Greenfield, of Louisiana, to be Assistant Secretary and any pending nominations, 10 a.m., SD–608. for African Affairs, James F. Entwistle, of Virginia, to be Committee on Homeland Security and Governmental Affairs: Ambassador to the Federal Republic of Nigeria, David D. July 31, business meeting to consider an original bill en- Pearce, of Virginia, to be Ambassador to Greece, John B. titled, ‘‘Federal Real Property Asset Management Reform Emerson, of California, to be Ambassador to the Federal Act’’, S. 1360, to amend the Improper Payments Elimi- Republic of Germany, John Rufus Gifford, of Massachu- nation and Recovery Improvement Act of 2012, includ- setts, to be Ambassador to Denmark, Denise Campbell ing making changes to the Do Not Pay initiative, for im- Bauer, of California, to be Ambassador to Belgium, and proved detection, prevention, and recovery of improper James Costos, of California, to be Ambassador to Spain payments to deceased individuals, S. 994, to expand the and to serve concurrently and without additional com- pensation as Ambassador to Andorra, all of the Depart- Federal Funding Accountability and Transparency Act of ment of State; to be immediately followed by a hearing 2006 to increase accountability and transparency in Fed- to examine the nominations of Steve A. Linick, of Vir- eral spending, S. 1276, to increase oversight of the Re- ginia, to be Inspector General, Matthew Winthrop volving Fund of the Office of Personnel Management, Barzun, of Kentucky, to be Ambassador to the United strengthen the authority to terminate or debar employees Kingdom of Great Britain and Northern Ireland, David and contractors involved in misconduct affecting the in- Hale, of New Jersey, to be Ambassador to the Republic tegrity of security clearance background investigations, of Lebanon, John R. Phillips, of the District of Columbia, enhance transparency regarding the criteria utilized by to be Ambassador to the Italian Republic, and to serve Federal departments and agencies to determine when a se- concurrently and without additional compensation as curity clearance is required, H.R. 1162, to amend title Ambassador to the Republic of San Marino, Liliana 31, United States Code, to make improvements in the Ayalde, of Maryland, to be Ambassador to the Federative Government Accountability Office, S. 1348, to reauthor- Republic of Brazil, Kirk W.B. Wagar, of Florida, to be ize the Congressional Award Act, H.R. 1171, to amend Ambassador to the Republic of Singapore, Daniel A. Se- title 40, United States Code, to improve veterans service pulveda, of Florida, to be Deputy Assistant Secretary for organizations access to Federal surplus personal property, International Communications and Information Policy in S. 643, to strengthen employee cost savings suggestions the Bureau of Economic, Energy, and Business Affairs and programs within the Federal Government, S. 1045, to U.S. Coordinator for International Communications and amend title 5, United States Code, to provide that per- Information Policy, Terence Patrick McCulley, of Wash- sons having seriously delinquent tax debts shall be ineli- ington, to be Ambassador to the Republic of Cote gible for Federal employment, S. 233, to designate the fa- d’Ivoire, James C. Swan, of California, to be Ambassador cility of the United States Postal Service located at 815 to the Democratic Republic of the Congo, John R. Phil- County Road 23 in Tyrone, New York, as the ‘‘Specialist lips, of the District of Columbia, to be Ambassador to Christopher Scott Post Office Building’’, S. 668, to des- the Italian Republic, and to serve concurrently and with- ignate the facility of the United States Postal Service lo- out additional compensation as Ambassador to the Re- cated at 14 Main Street in Brockport, New York, as the public of San Marino, Kenneth Francis Hackett, of Mary- ‘‘Staff Sergeant Nicholas J. Reid Post Office Building’’, S. land, to be Ambassador to the Holy See, and Alexa Lange 796, to designate the facility of the United States Postal Wesner, of Texas, to be Ambassador to the Republic of Austria, all of the Department of State, 2:15 p.m., Service located at 302 East Green Street in Champaign, SD–419. Illinois, as the ‘‘James R. Burgess Jr. Post Office Build- July 31, Subcommittee on European Affairs, to hold ing’’, S. 885, to designate the facility of the United States hearings to examine where Turkey is headed, focusing on Postal Service located at 35 Park Street in Danville, Gezi Park, Taksim Square, and the future of the Turkish Vermont, as the ‘‘Thaddeus Stevens Post Office’’, S. 1093, model, 3 p.m., SD–419. to designate the facility of the United States Postal Serv- August 1, Full Committee, business meeting to con- ice located at 130 Caldwell Drive in Hazlehurst, Mis- sider an original bill entitled, ‘‘Chris Stevens, Sean Smith, sissippi, as the ‘‘First Lieutenant Alvin Chester Cockrell, Tyrone Woods, and Glen Doherty Embassy Security, Jr. Post Office Building’’, and the nominations of John Threat Mitigation, and Personnel Protection Act of H. Thompson, of the District of Columbia, to be Direc- 2013’’, 10:30 a.m., SD–419. tor of the Census, Department of Commerce, and Kath- Committee on Health, Education, Labor, and Pensions: July erine Archuleta, of Colorado, to be Director of the Office 31, business meeting to consider S. 1356, to amend the of Personnel Management, 10 a.m., SD–342. Workforce Investment Act of 1998 to strengthen the United States workforce development system through in-

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July 31, Subcommittee on Emergency Management, Committee on Armed Services, August 1, Subcommittee on Intergovernmental Relations, and the District of Colum- Military Personnel, hearing entitled ‘‘Department of De- bia, to hold hearings to examine how prepared the Na- fense’s Challenges in Accounting for Missing Persons tional Capital Region is for the next disaster, 2 p.m., from Past Conflicts’’, 8 a.m., 2213 Rayburn. SD–342. August 1, Full Committee, hearing entitled ‘‘Initial August 1, Subcommittee on Financial and Contracting Conclusions Formed by the Defense Strategic Choices and Oversight, to hold hearings to examine Prisoner of War Management Review’’, 10 a.m., 2118 Rayburn. (POW) and Missing in Action (MIA) accounting, 10:30 August 1, Subcommittee on Readiness; and Sub- a.m., SD–342. committee on Seapower and Projection Forces, joint sub- Committee on Indian Affairs: July 31, to hold hearings committee hearing entitled ‘‘Ensuring Navy surface force to examine S. 235, to provide for the conveyance of cer- effectiveness with limited maintenance resources’’, 3:30 tain property located in Anchorage, Alaska, from the p.m., 2118 Rayburn. United States to the Alaska Native Tribal Health Consor- Committee on the Budget, July 31, Full Committee, hear- tium, S. 920, to allow the Fond du Lac Band of Lake Su- ing entitled ‘‘The War on Poverty: A Progress Report’’, perior Chippewa in the State of Minnesota to lease or 12:30 p.m., 210 Cannon. transfer certain land, and S. 1352, the Native American Committee on Energy and Commerce, July 31, Full Com- Housing Assistance and Self-determination Reauthoriza- mittee, markup on H.R. 2810, the ‘‘Medicare Patient Ac- tion Act of 2013, 2:30 p.m., SD–628. cess and Quality Improvement Act of 2013’’; and H.R. Select Committee on Intelligence: July 30, to hold closed 2844, the ‘‘Federal Communications Commission Consoli- hearings to examine certain intelligence matters, 2:30 dated Reporting Act of 2013’’, 10 a.m., 2123 Rayburn. p.m., SH–219. July 31, Subcommittee on Environment and the Econ- August 1, Full Committee, to hold closed hearings to omy, hearing entitled ‘‘Oversight of DOE’s Strategy for examine certain intelligence matters, 2:30 p.m., SH–219. the Management and Disposal of Used Nuclear Fuel and Committee on the Judiciary: July 30, Subcommittee on High-Level Radioactive Waste’’, 2 p.m., 2123 Rayburn. Antitrust, Competition Policy and Consumer Rights, to August 1, Full Committee, hearing entitled ‘‘PPACA hold hearings to examine standard essential patent dis- Pulse Check’’, 10 a.m., 2123 Rayburn. putes and antitrust law, 10 a.m., SD–226. Committee on Foreign Affairs, July 31, Subcommittee on July 31, Full Committee, to hold hearings to examine the Middle East and North Africa, hearing entitled ‘‘The strengthening privacy rights and national security, focus- Iran-Syria Nexus and its Implications for the Region’, ing on oversight of the Foreign Intelligence Surveillance 2:30 p.m., 2172 Rayburn. Act (FISA) surveillance programs, 9 a.m., SH–216. August 1, Full Committee, markup on the ‘‘Depart- August 1, Full Committee, business meeting to con- ment of State Operations and Embassy Security Author- sider S. 987, to maintain the free flow of information to ization Act, Fiscal Year 2014’’, 10 a.m., 2172 Rayburn. the public by providing conditions for the federally com- August 1, Subcommittee on Terrorism, Nonprolifera- pelled disclosure of information by certain persons con- tion, and Trade, hearing entitled ‘‘The Trans-Pacific Part- nected with the news media, S. 933, to amend title I of nership: Outlook and Opportunities’’, 1:30 p.m., 2200 the Omnibus Crime Control and Safe Streets Act of 1968 Rayburn. to extend the authorization of the Bulletproof Vest Part- August 1, Subcommittee on the Middle East and nership Grant Program through fiscal year 2018, and the North Africa; and Subcommittee on the Western Hemi- nominations of Patricia Ann Millett, of Virginia, to be sphere, joint hearing entitled ‘‘Examining the State De- United States Circuit Judge for the District of Columbia partment’s Report on Iranian Presence in the Western Circuit, Gregory Howard Woods, to be United States Hemisphere 19 Years After AMIA Attack’’, 2 p.m., 2172 District Judge for the Southern District of New York, Rayburn. Elizabeth A. Wolford, to be United States District Judge August 1, Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations, for the Western District of New York, and Debra M. hearing entitled ‘‘The Impact of U.S. Water Programs on Brown, to be United States District Judge for the North- Global Health’’, 2 p.m., 2255 Rayburn. ern District of Mississippi, 9:30 a.m., SD–226. Committee on Homeland Security, July 31, Subcommittee August 1, Subcommittee on Oversight, Federal Rights on Oversight and Management Efficiency: and Sub- and Agency Action, to hold hearings to examine the committee on Transportation Security, hearing entitled human cost of regulatory paralysis, 2 p.m., SD–226. ‘‘TSA Integrity Challenges: Examining Misconduct by Committee on Veterans’ Affairs: July 31, to hold hearings Airport Security Personnel’’, 10 a.m., 311 Cannon. to examine preserving the rights of servicemembers, vet- August 1, Subcommittee on Cybersecurity, Infrastruc- erans, and their families in the financial marketplace, 10 ture Protection, and Security Technology, hearing entitled a.m., SR–418. ‘‘West Fertilizer, Off the Grid: The Problem of Unidenti- fied Chemical Facilities’’, 10 a.m., 311 Cannon. House Committees August 2, Full Committee, hearing entitled ‘‘Border Committee on Appropriations, July 31, Full Committee, Security Planning: Applying Overseas Lessons Learned to markup on Interior and Environment and Related Agen- the Homeland’’, 9 a.m., 311 Cannon. cies Appropriations Bill, FY 2014, 11 a.m., 2359 Ray- Committee on the Judiciary, July 31, Full Committee, burn. markup on H.R. 1123, the ‘‘Unlocking Consumer Choice

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and Wireless Competition Act’’; H.R. 2542, the ‘‘Regu- riculture to require annual permits and assess annual fees latory Flexibility Improvements Act of 2013’’; H.R. for commercial filming activities on Federal land for film 2641, the ‘‘Responsibly And Professionally Invigorating crews of 5 persons or fewer; and H.R. 2799, the ‘‘Sports- Development Act of 2013’’; and H.R. 2655, the ‘‘Lawsuit men’s Heritage and Recreational Enhancement Act’’, 9:30 Abuse Reduction Act of 2013’’, 10 a.m., 2141 Rayburn. a.m., 1334 Longworth. August 1, Subcommittee on Courts, Intellectual Prop- Committee on Oversight and Government Reform, July 31, erty and the Internet, hearing entitled ‘‘Innovation in Subcommittee on Energy Policy, Health Care and Enti- America: The Role of Technology’’, 9:30 a.m., 2141 Ray- tlements, hearing entitled ‘‘Oversight of the IRS’s Legal burn. Basis for Expanding ObamaCare’s Taxes and Subsidies’’, Committee on Natural Resources, July 31, Full Com- 10:15 a.m., 2154 Rayburn. mittee, markup on H.R. 255, to amend certain defini- August 1, Full Committee, hearing entitled ‘‘Depart- tions contained in the Provo River Project Transfer Act ment of Energy’s Bonneville Power Administration: Dis- for purposes of clarifying certain property descriptions, criminating Against Veterans and Retaliating Against and for other purposes; H.R. 553, to designate the exclu- Whistleblowers’’, 10 a.m., 2154 Rayburn. sive economic zone of the United States as the ‘‘Ronald August 2, Subcommittee on National Security; and Wilson Reagan Exclusive Economic Zone of the United Committee on Natural Resources’ Subcommittee on Pub- States’’; H.R. 623, the ‘‘Alaska Native Tribal Health lic Lands and Environmental Regulation, joint hearing Consortium Land Transfer Act’’; H.R. 908, the ‘‘Green Mountain Lookout Heritage Protection Act’’; H.R. 930, entitled ‘‘Missing Weapons at the National Park Service: the ‘‘New Philadelphia, Illinois, Study Act’’; H.R. 1168, Mismanagement and Lack of Accountability’’, 9 a.m., to direct the Secretary of the Interior, acting through the 2154 Rayburn. Bureau of Land Management, to convey to the City of August 2, Subcommittee on Government Operations Carlin, Nevada, in exchange for consideration, all right, hearing entitled ‘‘Examining the Skyrocketing Problem of title, and interest of the United States, to any Federal Identity Theft Related Tax Fraud at the IRS’’, 9 a.m., land within that city that is under the jurisdiction of that 2247 Rayburn. agency, and for other purposes; H.R. 1170, to direct the Committee on Rules, July 31, Full Committee, hearing Secretary of the Interior, acting through the Bureau of on H.R. 367, the ‘‘Regulations From the Executive in Land Management and the Bureau of Reclamation, to Need of Scrutiny Act of 2013’’; and H.R. 2009, the convey, by quitclaim deed, to the City of Fernley, Ne- ‘‘Keep the IRS Off Your Health Care Act of 2013’’, 3 vada, all right, title, and interest of the United States, to p.m., H–313 Capitol. any Federal land within that city that is under the juris- Committee on Science, Space, and Technology, July 31, Sub- diction of either of those agencies; H.R. 1526, the ‘‘Re- committee on Research and Technology, hearing entitled storing Healthy Forests for Healthy Communities Act’’; ‘‘The Frontiers of Human Brain Research’’, 11 a.m., 2318 H.R. 1684, the ‘‘Ranch A Consolidation and Manage- Rayburn. ment Improvement Act’’; H.R. 1818, the ‘‘Polar Bear August 1, Full Committee, markup on legislation re- Conservation and Fairness Act of 2013’’; H.R. 1963, the garding the ‘‘EPA’s Bristol Bay Watershed Assessment— ‘‘Bureau of Reclamation Conduit Hydropower Develop- A Factual Review of a Hypothetical Scenario’’; and au- ment Equity and Jobs Act’’; H.R. 2388, to authorize the thorize the issuance of subpoenas, 1 p.m., 2318 Rayburn. Secretary of the Interior to take certain Federal lands lo- Committee on Transportation and Infrastructure, July 31, cated in El Dorado County, California, into trust for the Subcommittee on Coast Guard and Maritime, hearing en- benefit of the Shingle Springs Band of Miwok Indians, titled ‘‘How to Improve the Efficiency, Safety, and Secu- and for other purposes; H.R. 2463, the ‘‘Target Practice rity of Maritime Transportation: Better Use and Integra- and Marksmanship Training Support Act’’; H.R. 2650 tion of Maritime Domain Awareness Data’’, 10 a.m., the ‘‘Fond du Lac Band of Lake Superior Chippewa Non- 2167 Rayburn. Intercourse Act of 2013’’; H.R. 2728, the ‘‘Protecting Committee on Veterans’ Affairs, August 1, Full Com- States’ Rights to Promote American Energy Security Act’’; 10 a.m., 1320 Longworth. mittee, markup on pending legislation, 10 a.m., 334 August 1, Full Committee, hearing entitled ‘‘Trans- Cannon. parency and Sound Science Gone Extinct?: The Impacts Committee on Ways and Means, July 31, Subcommittee of the Obama Administration’s Closed-Door Settlements on Human Resources, hearing entitled ‘‘Improving the on Endangered Species and People’’, 10 a.m., 1324 Long- Safety Net: Better Coordinating Today’s Maze of Pro- worth. grams to Ensure Families Receive Real Help’’, 2 p.m., August 2, Subcommittee on Energy and Mineral Re- 1100 Longworth. sources, hearing on H.R. 2824, the ‘‘Preventing Govern- August 1, Full Committee, hearing entitled ‘‘Status of ment Waste and Protecting Coal Mining Jobs in America the Affordable Care Act Implementation’’, 10 a.m., 1100 Act’’, 9 a.m., 1324 Longworth. Longworth. August 2, Subcommittee on Fisheries, Wildlife, Oceans House Permanent Select Committee on Intelligence, August 1, and Insular Affairs, hearing on H.R. 2208, the ‘‘North Full Committee, hearing entitled ‘‘Ongoing Intelligence American Wetlands Conservation Extension Act of Activities’’, 10 a.m., HVC–304. This is a closed hearing. 2013’’; H.R. 2798, to amend Public Law 106–206 to di- rect the Secretary of the Interior and the Secretary of Ag-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, July 30 12 noon, Tuesday, July 30

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Tuesday: The House is scheduled to meet of the nomination of Kent Yoshiho Hirozawa, of New at 12 noon on Tuesday, July 30, 2013. York, to be a Member of the National Labor Relations Board, and vote on the motion to invoke cloture on the nomination at approximately 10:15 a.m.

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